The British Press; or, Morning Literary Advertiser. — London, England, 1818-08-18 00:00:00

~wc~;~ • Per _f' 111 .4 • ' am, "••••—/ %,* (1 . 14 rit i ot ' 4 f•\ ' • •11 4 1 91 s , 10 1 reggi* 4 -^+~'.- ri NUAIBEit 4896. THIRD NIGHT OF THE NEW COMEDY. TH 4rn 1. VA YV ARKST. THIS E V EN;N(;. TUESDAY. Aitga.t is. will!), [ 'Nattier(' (3d ti,.e\ a New Comedy, in Three Arts (taken hum a ri ty peputer Preach Play, lately brought f o rward in Pam). called GREEN MAN. The prineipsl Chirseters Its Mr. Punt,. Mr. Itaraargl, M r . J lies . Mr Tarts., Mk Connor, Mr Troy, Mr. Rios. web, Mr Wail( Mr Murton, Mr. Mintou, Mrs. Glover, Miss E. Bkochard, sirf Mrs Gibbs. Tu which will he sfhle4l, the Comedy of TEASING MADE EASY Litigant, Mr. Trtry ; Glow..worea, Mr. Jones; Guanine, Mr. J. Rowel'; Prier Nonni!. Mr. Tokely; Millivolt, M►. Wilkinson • I)nnny. Mr Shrtin Mrt. Teaser. Mrs Da. vermott ; Mrs. Crompton, Mrs. Conn.'s.; Molly Mixes', Mint M title wt.; Mess Manly, Mrs Gibbs. Pim-es for .1w Wines to be taken of Mr. Maitsinahans, at Thestrr. N.R --A Private Box may he bad nightly, by appitcition al Ike Rit. Mire. Th.. inn nintetls, ralleil The Green Man. will he reperit. ed eerie Evening lilt Nrilter Ilitillre : MVP with The Rivet Solo and the Parer of I. Y. Z; nn Thereat', with Ti.e IV. &ling Day, sail The Castle of Andalusia. TRRATit ri. r.IIVAL ENGLISH OPERA, XTR.4 N 1.11" EVENING, TUESDAY. Atuzuot 18. will be performed s wow Beria.Comic Bombastic Operatic ralkd DOCTOR noitis. lu ne A r iipsdisifcs. %Ir. Harley; General Scaranvincho, Mr W R Chiiiie-hr; Dillythinihis (his Aide-de Camp). Mr. Laneasicr ; Unchir Butii• Ohs Kiuir Physician). Mr Wit. Quern Katalinda. Mi.oi Kelly Paitcylias and (111,1.1. »I Il motor), Mist I . Sis carooii . mud 74".. co i l; Aisle (A... , sisid Maid of Ifinioar), Mils* Demerit. After wilco., • Mt-b% Drama, callt.d M.IND BOY. Itti.islairs (Rise nt S, -taloa ), Mr R. Phillips; Edmond (the 111)0.1 Roy . Ni.. K , ; R dolph. Mr. Prat man; °heft". Mr &hell's; Kali. Mr T P coelre; Mnllno r Mr. Marie, ; Elrio.a. Mr. W. Si ('listlerlry. To rawhide v.tth '6.h time is ihis Theatre) the Gram) 14....mic5l Msgr.. call. .1 THE I►EA ro OF cAiiiAIN COOK. IV.th all 01,- orizilial F►enrh Music. Clot lin Cook, '4r. T. P. Cooke; his Liewiensnt, Mr. Mears; larstroant of M 111111.14. Mr H •rt ; firytt.woin, Mr. Wilkinson; Ten...01i0.) (Kati of the 10104 of 0-why.erl, Mr. Fishes. Eases s relation of the King). Mrs Plateau ; Heart's Viol.. Miss I Steers grin; jes eas-e-gee-sub (Moe E?es), Lout Brous. Places, and Pima', &mitt, ni , s be toiti'n .of Mr. Stcreition, at the Brit Olive. Minted F.ntrr re, froni till Four; and at Franisait's library, 'yin, New Bond-wee., opposite Nerlierimb-gariteor To , torrow will be pendarell, a New Comic Opera. in 1.., arta, to be called Jealous on all Sides, or The Landlord is Jeopardy. A N.* Operetta, in one act, is also its rehearsal, and will he poulure4l. The enanc Opera of The Privateer will very shortly be Mired. NOY Al. CIRCUS 4N D XVIIREY TH FAME CHANGE OF ENTERTAINMENTS EVERY EVENING THIS WEEK rEMIN PRESENT TUEsDAY,most 18, will be presented the splendid Boer tti. tailed TIIF. lIUKE AND TILE DEVIL The Miniver' by Mr. Walkio•, Mr Iron sr& Mr. Cor dell. Mr. Clithrol, Mr. Filar Mani, Mr. Ridgway. Mu. BVIIIIk 1 . Mrll.lllllollll. aistwont. After n•bieh (for the 11th and WI sins.). a new Tragic Melo- Dramatic Pantomime. in nue art. partly original. and partly ukrn from two irrrific incidents in Dr Swollen's Hammier, called FF.IfIHN AND. ('O NT FATHOM. Coons Malad, Mr. Clifford ; Rinaldo (his an n), Mr. Wet ; F. 'Amend, Connl Falb iiiii , Mr Iti.;z.vay. (*Vim 141. Nil. Mr.:. Occar ; Mother of Cllllllll Failions, and Speclre, 1111.aTellor The Foiterl4iantrate to conchs& with 2 nu. la T en wie Etantrgem 34 H. sheer Aeir, scud up with ouch stuleris sagtillitessee, called How TO WRITE AN OPERA! i.true , •ith as Oprrs). Mr. Filliralliatu. Mrs. Lytoe so Objteto to to 110. Mrs Brookes. In air *yam of Act 111. win he introduced the Rehearsal of a grand Melo.dramatie Opera. called ' 6 Anaconda; tie ; the Boa Constrictor and the naffslu &Ars 4s—Pit 2.—Gallery la—Hal( Price at Haltpast for the Roma to be taken of Mr. Rormlee, at the Bint.nitire in the Treasury of the Theatre, olicre Free A.l - for the Seamy may be pin chased, aad a 14 orate lox "agog. d •ightly; and, for the arroninicalation of l'ami- Leo at that mil of lbe Town, at the Bureau dr Spiciatle We.t.rot Etching', Booml-street. T....morrow, Love, Hatred, awl Revenge; with Doss and the Italian Wife. Ois Monday will he revived the Soriano Metn.nrsme of Who', the Wrter& After which will Le piodured o new grand C.miie Marietta Spectacle (fou•stled ots a Piece moo who.: at the Theatre ale la Porte St. Martin, in Paris, wills t.s,rt redented rcldt, Ender the title of" Le Petit (tap. roit r:illed Red Riding Hood; or, the ma of the Fort .1 of Arden; with sew Muir, Scenery, Dream's, and DPCOMII.IIIO. Si•eral ..iher novelties Ire in forward preparation. ROYAL COBURG Tii LATH E, Violer the inisseiliale Patrussiage of hi. Royal Higher.' PRINCE LEOPOLD of NAXE-COBURG Tla new Comic Mtlii.Driowaiie Sedalia, to the imylc of the Urioirla 'nostril...every night. T"' PRESENT TUESDAY, August IS, 3,1 following Evenings ' the Perfor m ing. n will nano. *,th she h ig hly po p u l ar Melo-Drama, wrilitu by Mr. W. R.iri )Mare, called, TOE 'HUAI. BY BATTLE. After which. fish t•me, a new Melo-Dramatic Burlett., in two acts, the MISS iniiiletit from au Episode of the Duo Qui•ol. i.r rventa n. culled, 'll.lli MAMMA:F. OF CANIACIIO ; Or, ALL I'ORREE r um Quixote de la Mancha, Knight of the INoful noon- Senakee. so starch of adventures and his peerless -Outcome, Mr Ballot ; Syisrlio Pangs. the fer.f.snycil S q uirt to Dun eisi.teownth tiondle of proverbs, Mr. Davis. 10 Ale 11. • Grand Swinish Balks. The wind , to conclude with (24 time) an entire New Hare legemaile. with new Steuery, DlVibel, stud Decorations Urittrot sod produrvel by Mr. (Meer, railed lICTI'F. AND VICE; ok, HARLEQUIN'S TEMPTATION. Nitre Mom Iles Wit (wird, Has liquify), Mr. Kirby; Ser ysiniivaintif(afterwa r rh (hits's), Mr. Usher (arlers 3/ . 41/ Poottannol, Mr. Blowhard. Princr es Zesitla (af terwards ridotwititii.) M i .. N ic h o l. ; V a i mr , Miss Pusher; Nice. Mut Thestaissim. bower Boxes.4v ...Upper Rosen, 3s —PIO* —Gallery, I is. Dimwit 1.. lo °looted at Half pan Five, to hero at Hell ion Nix.—llultprire at Hall -it in Eicliti Place.. Cu,, the Rime. tu he iiikeu of Mr .Gs ebb, at the BUS. Orner, font Tea till Four. Private Ruts lu be L i d, pigtail', by applicativo to Mr. UNION nn AND LIFE ASSURANCE OFFICE, CORN H I LL, Inatitistird in the Reign of Queen Anne. IA 14 orde►etl by llie 01 R lECTORS of the UNION ASSURANCE SOCIETY. to give public Notice, that this COMPANY has no connexion with the NORWICH UNION Office; and has not had any olive appellation in Great Rritain. since its establishm►nt in the year 1714, than the UNION, and in Ireland, the LONDON UNION. This Notice has been considered necessary, is consequence of the name sammard be the Norwich Office being nearly similar in that which has bees at all times tin denomination of Ibis Society.. THOMAS LEWIS, Sec tail, LONDON, TUESDAY, AUGUST 18, 1818. CORNWALL ASSIZES. NISI PRIUS. TUESDAY. AUGUST 4. TR! BIRO V. GILES. The Defendant, ✓nnnes Bice Giles, an inhabitant of Fowry, wail charged by indictment with aii •i -soult upon Elizabeth Jacket, • girl idiom eighteen years of age, wounding her ou the forehead with a stone ,on the 10th of December laid. Elszsbetli Jacket stated, that on the day of the assault she wits servant to the late Mr. Calmer, of Fowl. On that day the two electioneering partie►, distinguished by the appellations of the Blue, and the Greys, held processions in that town. The Greys, to which her late master belonged, paraded in the early part of the day, and the Blorst its the evening. When they approached her 111.4liteel house, she was standing at the window on the first flour, which was open. In front of the house the crowd cheered and went forward, except one mass, whom she saw by the light of a candle which a neighbour had its her hand, to passing to her own I iiiii be, 01.11 had 1.0 doubt it was the Defendant. He slopla uI, raised Ins sum, as if in the act of throwing, rod clue was immediately struck bt• a large stone above• the left eye; such was the tiult nee of the blow that she fell hack n od telliitti. It was Iwtwern Mite and ten o'clusk at night. She suss confined to her bed a wet k, in consequence of the tojury, and attended by two ss•.rgeous. Joseph • I'edley, a boy of 13, graeldson of the late Mr. Colmar, "as standing sit the window with the preceilsag %%Rue►% when the atone was thrown. He was quite ►ure that the person *tin threw it was the U• &nano, whom he knew, and whom he ries at the time by the light of she candle before clews i bi (1. Augustin Selleis raw the Defendant piss his 1101114. towards Mr. Ciilisirea between nine and tea o'cleult oft the slight its winnow. El ribeth Crew, who keeps a public-house at Fossil, stated that she Defeirilant was brought to her house in custody on the 1211) of December, when she Raked ham how lie entail hr so cruel as to throw a huge shine at the poor girl to which he refilled with is laugh, that " it was Shot a large s' oar." Juhts Hal lett, surgeon, attended Elisabeth Jacket. The wound on her forehead wait so severe. as to produce on the following day Py1111•11111Ms of a con- CUt•%1081 i.f Ilse brillll, when he thought n ►ight t• cull in Itebikl74llCe. Sevi-ral witnesses appeared on the part of the [Men lout, to prove that the party of the Blue,' had ilisper.ed oil the quay josi before the clock struck snot.; and one of thew, Prier Cowl), swore to Isis having thrown a stone at Mr.tower. win. clow, in ittitrii fur dirt thrown front it et hint. Mr. Serjrnnt PELL, in big reply. iiuintad.ertrd with much y on the evidence of Crapp. Mr. Justice lit uitouGH. in summing up, ob_ served, that the 41rtelier did not meet the char e, as the evidence fur the Defendant did not relate to the tune whew the assault took place, but to a prior prr;pd. The Defendant via found eptilty, and will re. ceive beetenre in the Court of Kill's Bench. THE KING V. CII APM A X and AmIOTHEIL This cause arose out of the proceedings detailed in the preceding case. A warrant having berg' issued agesitrq the Defendant. Giles, lie was taken into t stood) : the Drleinlzeits supposing lie was nut the person tlo.t threw the Stolle, of some resistance to the consialiles, on which account this indictment was rreierred. 'rile Defendants pleaded g►rilry. nn an under staiiilisig that they sl , ould not he brought up for juagni,o, ilia, be ti►ey committed some further breaci► of the !AMT. A RURAL RETREAT. TO BE LEY,;iiibittSixiiii;* or Londois, in the Comity of SURREY. a SMALL NEAT COTTAGE; cantabile' four best Roomy. and a Kilt.ben and Store-ranivi behind, will, • lure Garden well stocked with frail -trees; desirable for any persons rittirimyi na • small laconic. Rent only 40 cabman; foxes a mere trifle. For further Parilcahn., apply pencinally to Mr. Lewis, Bookseller, Mnsat-.beet, Grosvenor-sqiisre. This day is published. handsomely minted in two vols. Sri,. with a Portrait of his Lordship, from an O, in l Pietare l.y Kovo), mire IL es. in boards. the Second Edition of CIL NEcnoTEs of the LIFE or RICHARD WATSON, BISHOP of LA NDA FF; written by Him self at different intervals, and revised in 1514 Pothlish-1 by hie Sun, Richard Miami, LLB. Prebendary of Lanileff and Well,. Printed for T and W. Davies, Strand •_ Of oboes may be had, ■lso written by the late Bishop of MISCELLANFAUS TRACTS on RELIGIOUS, Po. LITIC.%L, and AGRICULTURAL SUBJECTS. In two vole. See. nice IL Ir. in winks. L AST DAY, NEXT TUESDAY, whtg, all the Capitale mn,l be drawn. Prises of 2,000 1 swill., the Wine {his•. A few TICKETS and SHARES, warranted ••drawn, ire u• Sate by MARTIN a•l Ct►, 5 , Curubill, and 110, Onfurd•street, where the only twit, 10,0001. was sold in Shares, T NINE 01.71,01'h NIA I"I'IIESDAY .1 - 1 MORNING, and briar the LAST DAY, ALL MUST RI DRAIVN. 2 of 30 114 , 11. 2 of 2.099/. 1,000 s..verrigoo Nrir TVF. 4 IDAY 3 ..f 3 of 31 , 01. 6 of 2001 IViih upwat.ls ..f 1,100 of 1001. 501. ice NIXT TUESDAY, 1111/11:11111 Goid. frifft•l. Poe?. Modeles, Al.l. NEXT TUESDAY, WHEN THE LOTTERY FINISHES. Warranted 'Codrawst Tickets and Shares are ',Slag by CA1{1101.I.„ the CoNT3AcToa. 7. Corokill, sod N. o.lfirrd.a4n9f, Loudon, Who SHARED aid SOLD, in the very last Lullery, No 9.411 .. 30,010/. Besides EIGHT Cunard Pri:oe of 1,0001. 5007. Aud iu CARROLL'S late Cuttirari•, 7.735 4,345 SALES BY AUCTION. MIDDLETON CASTLE ESTATE, IN NORFOLK, 2.071 ACRES OF LAND, YIELDING UPWARDS OF 1,0001. PER ANNUM. BY MR. WAKEFIELD. At Garenway'v. on 'FUESDAY NEXT, the RSth of AUGUST, at Twelve o'Clock, in One Lot. THIS Estate offers a singular opportunity to large Cavilslists for an iinnurt.int investment, brieg Is 1 to moat responsible Tenants wisest ogricultisr4l proshice was ovally depraved; is well situated for wickets. heist; within three miles of King's Lyon, a sea-port on she Inch ro id to Norwich, which pares for Iwo miles through the Evitite. Extenvive Manorial Rienv are attrirlwit to it ; it iv abun dantly stocked with Gann., oboist 90 miles. from Lowlon, is • fstrovrile county far On: residence of Gentlemen and :ipso Is. torn. For parlienlara apply to Mr Barker, F.ninserson's Farm, nest Lynn; Mr. Wakefield, Land Surveyor and Anctinuee►, No 42. Pall Mall, London; Messrs. Vince and Ailey, Solici tors, Srunr-hoililingis Lincoln's Inn; Mr IValicticld, Moult. street, Spaniels; Me•era. Jervis,. Solicitors, I.yitu ; Mr. Land SIIIVIP)1.W. Norwich; Eallatlllll 11640.1 M, Esq. Quadra, near Wells; John Briehtwen, EST Vermouth; 12111inin Yariingt.in, Gig. Savanna ; Messrs. Taylur and ft owe, Dias; Timothy Hulnews, Eaq. Solicitor,St Eelionairs Bury ; 31inotia. dealt: and Me;y, Chelionford ; •t the Three Cups, Coldwater ; sad at G4llaway'reAdree.huuse,Thritge. alley, (\within, London. EbI'ATE AND TITHES, HEMF:I. HE AND A DUO r$ LANGLEY, 11 MI YON USN ME. BV MR. %YAM:FIELD, At Garraway's, on TUESDAY NEXT. the 251 h of AUGUST, at Twelve O'Clotk, iu Two Lots. Lot 1. A DESI RA IILF: FARM. Belit4 Copy_ hold of the Manor of Abbot's Lanehls 1 6 1 Acres, adjo►ning the Grand Junction Canal, let o• leas• at • t oo o ld real, which vanity* at M iehaelmar, 1819 Lot It. A desirable FARM, Iseiag Copylsold of the Manor of !Gnarl H. in..dead, with fine rerta►or, adjoining Lot 1, bring 79 Arms, also let at a low old resit, fur a term which expires at Michaelmas, 1919. Also the valuable LEASE of the GREAT TITHES, held for lives ender the Dean and Chapter of SI. P•ul's, and of t►e Vicarial Tithe trent thr Vicar. • For plrlicelars and conditions of Sale app' to Mr. Wak efield, Laud Surveyor awl A iletioncer, No. 42, Pall Mall, Lundell ; Mew% Odilir, Hattie, and F' stet., Sillieilors. No, IS, Carty-stret t ; Mr. William !Lowy Carpenter, Hrmrl Hempstead; 8.11 Into, Itteetel Heinle-lead; Bell Inn , Tau Waters; King's Arms, Great Be. kliansAtrad ; Ketor's Arms, Watford; Swau, Itichusantatiorili ; White Hart, St. Albau's ; Salisbury Arms, Brll Hertford ; and Garra- Irtly's Coffer-boutte,`Chati(e.allc), Coroshill, LtJulou. RUPTURES SPEEDILY AND PF.RFFCTLY CURED WITHOUT ANY SURGICAL OPERATION. MR. DU FOU R. Sus -Keno In the " Munition Dispensary Air the Care of Stricter..." and S.M. Pro prietor of DARAN'S MEDICATED ROUGI ES, having, daring a course of ispwards tit 2Pt years of estentire practice in f Atricture, oltsetvr.l nomholiss &stressing in stances of Ropture, has ardently applied himself to discover a Remedy for so prevalent a Malsity, and which he has hap pily accomplished, being mild, rife, radical, and efft oremninerig uo plot or rocosiv,iiicsiec In, or or any sin, restraining t h e ordinary habits of, the Patient ; and also very shortly ratio Iv pirclatting the necessity of the use of ant Tina. or Batirtize whAtesi.r. Applirat• to to made at No. -04. flerners-street, Oxford. street, where the must satisfactory nit-traces of Cure call be tents,. Moors of Attendance from Tt• till Four, putt Gum Seven 1111 Niue is the Eveanus. r. STEPHVNS. This acne an action brought by the Plaintiff, Jobs' Stephens, to recover the sum of 250/. with !tartest, winch he alleged to he owing to him by lite Defendant, who is his nephew. The latter Or:Wild that he had made ou promise ; and the Statute of Limitarioos, From the evidence it ap peared that the debt origi n ated its voincecustiery transactions between the Plaintiff and "Tus father and brother, site grandfather and father of the Defendant. The brother of the Pleititiffand father or the Defendant, stone years ►nice made over to the Defendant a farm of which he was possessed. on roodition that hip son should pay the debt, which lie, the (tither, owed. This, however was held by the Court as not obligatory mt the wan, unless he signed a special instrument binding lotuself to the performance of the c lit' . A !until aigued by i h e D e fendant , fur ;not was put to, but as it was not sealed, it was held to be merely an ag►eement ; and as it was dated prior to the passing of the last act for increasing the *temp duties, it was rejected by the Court, us not having all appropriate stump. It was then ; .ed that starts the account of the Planitiff was &lies red to the Defendant, he staid he hrliev.d at watt ell right ; but this wan. suit held stiflirient to Idled the Defendant under the Statute of Frauds. •I'he 100/. claimed wirier the b a rd, wars for a debt due by the Defendant's grandfather; end ISO/. wait claimed fur money lent to the father of the I)efersthint, by the Manuit .. f i the end, the unstilted hand was 1111111ilied 3111 11r0111 . of a simple contract debt, end a verdict of 1001. with iitterrat for two yews was taken for the l'hititilt„ with liberty for the D. fend:Hit to 11111111 C the Court %bute the a der a iiiiii •1 he ilemaild for 1501. V.. 11/11111111/11vli, :IS 1111 direct promise to pay it, on the part of the Driendent, sus ;ill/veil. W4TTII P. It AW LE. This ra,e drilealled Ha a t►ulnt of law. The is heir at lOW to Job!, Watt., thr trware milder a marriage settleiumit ul a venial' Philip o.tk, in the rear 1799. At the time of ex ecuting this deed, 04k pt, d three.fouttlis of au estate .riled Dimmrtt, and occupied the whole of it. He settled this estate on his intended wife, Mary Watts; five years subsequent to the martiage, in 1793, he purchased the other fourth, whirl, lie did not possess at the time he executed the twilit-- mem. Hr afterwards made ■ will, and bequeathed this fourths to the Defendant, who is hie daughter by a !Mister marriage. On his death, three years since, the Defendant took possersion of the quarter of the estate in question, and the Plaintiff, as heir to the original trustee, brought sit ejectment, in order to pot the widow in possession of the whole. The question at issue was, whether the marriage settlement could pass the whole estate, or only that part which Oak possessed whet, he executed it.— Under the direction of the Bench, the Jury found for the Plaintiff with a case reserved fur the De fendant. WEDNESDAY. ♦UGUST 5. THE KING V. GRAHAM. This was a trial under a writ of Quo Warrant°, to ascertain whether the Defendant lewdly held the office of Portreeve of the Borough of Fuwey. Only four special Jurors attended ; awl the remainder of the panne' was supplied from the Common Jury list. Mr. Gimlet led the ease for Mr. .4 listen, the Plaintiff ; and Serjeant Pell fur the Defendant. The whole was a matter of dry special pleading. and occupied the attention of the Court for several hours. The Jury had to try twelve issues, which were apparently brought forward for the purpose of ob tai aa a tie all possible information, as to the defence which will be made on behalf of the rifti n g Mem bers, upon a petition against the return of the Port sees... The manor originally belonged to the P►ince of Wales, as Duke of Cornwall, who exchanged it for other property, when it caner into the hands of the Rashleigh family. The present rePresentn tive of that family sold it to a Mr. Hamlet, who disposed of it to Mr. Lucy, the present possessor. The practice of creating free tenants, or making faggots, lies long prevailed et Fuwey. These free tenants, after their election, have their titles recog nised by *court or homage of free tenant., and their mimes are entered on t he Rolls oft he Borough. The right of election for Members of Parliament, is in these hurguge tenant« or buttistgers, and the inhabitatits paying scot and lot; but Ilse tight of electing the Purtreeve is with the hirmagers or free trumps alone. One of the issues to be tried was, whether the homage which elected the present Portreeve was legally constituted. On this point every objectioti which ingenuity could devise was started ; but the st hole case filially 1 - evolved itself into a question as to the tenure of 11r. Lucy's holding. The deed under which that Kendra:l4o claims to be Lord of the Mati,r, is one tor certain uses, bring intended to boo a claim of dower on the Manor.— As Mr. Lucy had riot executed a deed an fun's. r anee of these trn•tr, 1.4 Lordship hared he l►sil ally an e►tate fur ; and of so, the whole proceethm,s under his ruilien.ty as Lord of the Manor were vend. However, he ►aid the Jury had better flood for the Defendant ; leaving it to the other side to bring the question us to Mr. Lucy'. holding before the Court shove. The Jury found accordingly. During the trial the Rev. Mr. Siockhouse pro duced ale appointment from the Prince of Wales to the Stewardship of the Mower of Fowey, for his is the year 1795. This appointment, it was contended, no subsequent arraug. meta could set aside. But as it appeared that the holder never had received any emolument from it, nor, indeed, had possession of the deed by which lie was up pointed, until the morning of the trial, the Court set it wholly uside, and •announced for the legality .of the appoilitiutiet of Mr. Lowiedes, the Steward of Mr. Lucy. TEE ZING V. 011 SON. The Defendant is a pilot, residing in one of the islands of Scilly, and was formerly a Midshipman at the vioul-station on the i*lunds. On the 38th of November, 1816, the Officers of the Customs re ceived information that two bouts with smuggled spirits we►e off the islands, and had landed part of their cargoes. Mr. Roberts, surveyor, of Scilly, took with him a Writ of Assistance which is kept ready in the Cos -holuse there, and which enables an officer, when accompanied by a consta ble, to scotch sty house he may suapect to contain smuggled goods. He hail searched the house of the Defendant tour days before and found nothing. When they landed, the crew, consisting of eight nit.... the coiroable," anti two superior officers, proceeded to the Defendant's house. On seeing them, about twenty meat amienibled, sod the De. Violent locked his door on the outside. and dr initialed their amino, ity for requiring admittance..— . limy slorwed the Writ of Af•mslatier ; hut this, he said, was not sufficient authority ; lii* loupe was his cattle. and utiles* they had a warrant from a Ma gistrate lie would lint open the door. If they broke hi+ door, he knew where they lived, wild they must 01101 e the consequences. The hy-staiitiepi cheered the Detendritt during this declarat JJJJJ and the of ficer*, kartul of the consequences, left the place without watching the house. The Defendant used 110 10rilmirre; 0011 the constable. s wor e ow lie t . s id, if the ufficros eltoriae to tweak oorsi his door nobody should hinder thr in. Oil 1100 4lt clarat moo Ilie Jury, which was opeolol. .ctfulttell the. Defendant; hot ICCOIIIIO.OI4'II the 11-11vrry lisris verdict, by 00 eitplasia that it wa. foutriled 1111 the evidence of the constable, nut oat any at Abut as to the law of the case. LAME V. 111111/FLL. This was am act' brottotlat by the Plaintiff. the Rry. Newton Charlta Luny, N 0w... , iii. Di r Joseph Sowell, for drl.lltottitos.—Tto% cause of action uru•r out of the riectloovertog dispute', at Foatl, aliefr the words charged were allrgrif to have beret Pp(' kris . Mr. Serjeent Pau, stated the cuss for the Dein- St.V. N P..N' L. tiff, whom he represented as a respectable Clergy. man, pnssessed of cousiderahle church prefermeiit and uncle to Mr. Luny, oho claims the patronage Fowey. The Defendant, foi norly a st o ... isoc • ter, is et present a inalistes, res-ding at Petisyn„ and took a warm interest iu the contests which h a v e for some time imitated the Borough of Fowey.— The Learned Serjeunt was free to admit, that in cases of disputed election some latitude should be allowed for the heat of party, nor should estprese sifts used ill the heat of ■ 1,011111111 tllllttlit he WO iniuntely set titinized. But as their must iir(essa rily be some limit to thoet. rhullitioua, I-c cots. teed the Jut) , would 1 ounce. that Oil the (1(4.61149 which gave rise to the present action, ell the bounds of mo.leration had lure exceeded. It would he proved, that on two duos rent occasiiii.s the Defen dant had, iu words in which the: e %tau no riuhi guity, charged the Plaintiff with bring ). seiley of acts so horrible, :is to render I wholly mai) for society, if the charge was true. The (anise tit this atrocious attack was the eferetice 1.1 . the Pianitiff in the concerns of the Fowey election, fur the purpose of promoting the interest of his nephew, its opposition to that of the Candid-de whose cause the I)efesidatit espoused. Ile should call witnesses to prove the utterance of the slanderous repressions by the Defendant : after hearing the evidence. it would be for the Jury, unties the direction of th e Court, to say what reiteration was due to the as persed character of his client. James Tool resides at Fowey. Oil the 2311 of March lag be was in Mr. Lamb's shop in that place, in company with Lieutenant Nicholls. Mr. Lamb was reading a written paper, conteitiing questions and answers whirls were at that time cii• culated et Fowey. The paper immited a detest able offence to the Plaintiff. Witness and Mr. Lamb said they believed the statements to be true. The Defendant came into the shop, and heard them commenting on the parer ; he asked if they doubted the truth of the charge made in the paper. Souse of them said they hopes - it was nut true. The Defendant replied, that they need not doubt it they might rely on it as a tact. and if they wanted any further information they might go to the house of a gentlemen whom he named, where they would obtain a confirmation of the truth. The Defendant further stated, that the Plaint:if had lost his gown in cons-quence of the affair in question ; that tie wits disowned by his connexions in London ; and that whoever applied to them for information respectiiii; Inns, was told he had been dead for hive years. The same anor tttt g, the witness heard the Defendant repeat the amuse observations respecting the Plain tiff in the shop of a person named Luke", it) pre sence of Mr. Croger, of Plymouth, Lieutenant Nicholls, and Captain Heerle. A daughter of Ltikty's was present, and witness deoired her to leave the *imp. that she might nut hear the übserva- Costs of the Defendant. At this time the Defelidisist said that a tew days before Mr. Lane'. nephew canoe to Fowey; but as salon as he found his uncle was there, he left the place, as be would have no sister• course with him. Ott his cross-examination the witness said, that himself and Mr. Lamb had had conversation oil the subject before the Defendant j iineil them. %Vot— eless reported what the Defendant had said to M. Bennett, who took liim before Nli. Graham, w Magistrate, where he made ail affid .sit res.,ecting the expressions used by the Defendant ; and whicit affidavit lie left in the hands of Mr. Brown. Thomas Nicholls, a Lieutenant in the Nary. confirmed the testimony of Mr. Tool as to the no port of the words spoken by the Del...idiom though with considerable variation as to the preci is expressions used by him. On his cross.rxamination he stated that he made an affidavit before Mr. Graham, on this subject* which he left with the Magistrate, and Mr. Brown the attorney. Mr. ADAM made an able appeal to the Jury on behalf of the Defendant. He admitted that a ye'. diet insist pass against his client ; but he deprecated vindictive damages. The evidence of Tool he con tended was evidently overcharged, and should he taken with great allowance. He was not instructed to defend the charge; on the contrary. he was thorized to admit that it was wholly unfounded t but it should be recollected that at the nine, panty heat was great at Fowey, and this disposed primal* to let:d a ready ear to any charges insole against their opponents. It was also rumarkable. that the witnesses for the prosecution bad been carried before a Magistrate in order to tin Unlit to their statements; so that they came into Court %kit their affidavit hung round their neck, and gave their evidence under the ides of being liible to an in dictment for perjury. if they deviated from their former account. He recollected that proceeding once came before a Judge on a Wesiein Circuit, when it was reprobated by his Lordship in the strongest term.. It did not appear tout the Defendant was the person who first propagated the report, which it was evident was current iii Fow, y before the day mentioned by the wito.e%-vs ; nor i1,.1 it at all appear that the Dofeialaui I a.l a.iy thing to do with the writteri sniper, which the wiiiieps spoke of. The °Weiler of the Defei.dan , was. that he had found the report in civcillation, and had, mosi imprudently. he admitted, pr u pe%litit it in two instances. Under thetee tircitinstancea. the Joie would lecnllect that it w.toi the vindication of 1111 elli4nicirr, and ant a pti••.ti sr; coinprinuition, ihat that the Plasuiiff avows..., 05 iiis ui, yet , and regulate their verdict accorilingl%. J u-tire Bu Knot. 40.11 . :4•-(1 sap the evilenee t and oloa-tvest. that 1.1% , knew oolong of vindurti%e it:o.o44ts, the PiA:ntitf was r0u11..1 to *hut would 15e,.1 his character. wlsteb wager mould spot The Jury, alter u short deliberation, fools(' fur th e ri m instf.—Damages 400/. In the causes of t h King v. Crapp anal HA for issopstitatmg a sondar report, verdicts for damages were taktis cousetit. I ford, r