The British Press; or, Morning Literary Advertiser. — London, England, 1804-12-25 00:00:00

S'. barbel blue. re Very crlritiou, S r hae in frut a c velvet, lb^ tett hit. relive: Its a white oni are ta Th 4 It'ir forou:rl SC. •q g the io Kt to th e Li . k the long sl:zalt in geld. Whno of whits coital' fast, His ~ Wall,ed •1: •,.. !Tack, e t•,•!. I LIMO. : ;/0 _ et the Q L ‘r* PARA' V :I'. to the Ca,tl e lESTIES 1r . ,1 A r A Lts intends ise. His do iirty-two ser night. 'cis )e red, as the Royal High. ime, filled by the Princess His Royal taK, and his ID, left town iolidays with d, last night, I hall at Gat e of benevo- with German Royal High a portion of he forty-five he supports, nd lahouring her this, thi overnor and hey dined in toyal High- ex atrivel at Chief of His land station, .:ngland, to I, Governor RIC have re 'awn, from , fur Wist- r L. Coanv. rge gully of iss the holi ,a of Asi.a. :aspire. is a CtitosGe nily, with a r Christmas !ay, to sing rng Resciss returned sle for their n. ugliter is a ace has had s (held on lumerously in Fnure, aneil on ac- heim Ball, erred until gentlemen DU are a:. in a sup: 1•: r ani &li d will zinc. idemoist I le Ir. She :s en theatr.-. ity, youti!, the h 3 4 ;Kith:24lo- . a . , i sltot, the amicably liorate the this incle ing. With bung Li ned an as e indigent 'cpare ter n totstii , ”, ek to the ' I.'S tans!, 5.. , - and b.. COURT OF CHANCERY. LINCOLN'S INN, MONDAY, DEC. 24. Law: CURATE OF ST. JAMES'S, CLERKENWEI.L. 00 ft , LENNON, and OTHERS V. POSTER, COMB, and OTIII.RS. This Caitse came on to be heard upon Petition on xal and "Information, for an Injunetion to restrain of London from granting a Licence to Rev. Mr. Foster, who had been elected to the ,re of St. James's, Clerkenwell. This case ex erd much interest in the parish, in consequence which, the Court was exceedingly crowded. The ATTUANFISI GENERAL opened the case on the far t of the Complainants: he stated, that this suit e iginated in the eleetion of a curate for the above mentioned parish, and it was neevisary for him, on xis first setting out, to state to the Court iii what manner it became an elettion cure. The rectory ormerly belonged to the ancient monastery of Clerk re, .11, and became vested in the Crown in the reign i t,tieen Elizabeth. In the 3ed year of Her Majesty's rev, she granted the rectory to Edmond Denney ' a nd Roger Grant, from whom it descended to Ed ward Drake. In the year 1656, the parishioners ; geed to purchase the rectory, out of the poor -rates, far their own benefit. Trustees were named, and conveyances made to them in trust for the parishion ers and inhabitants, with a reservation of al 18s. 9,1. per annum made to the cur ate. After this purchase had been soconcluded. the see& sal vacancies which took place were filled up by tleCtion held at public vestries, and the persons so tieeted were nominated by the Tritstees to the Bishop of London, who granted thesis a licence ac cordingly, far the purpose of officiating in that parish. In the year 174.3, the Rev. Mr. Dowty was duly ele,fted, and :Ord in the capacity of Curate, until the year 1768, when he died : two candidates for the Cure then started, upon which the Church-ward:ls, being the ailing officers, agreed to enter into certain regulations for the purpose of candu:ting the ele,Ftion. It -was agreed that vie inhabitants, renting above forty shadings year, should be allowed to rote. Mr. Right, one of the Church-wardens, admitted ell persons claiming under this desctiption to vote; but Mr. Rutter, the other church-warden, would not submit to this, and retire i to the Vestre-room, while Right repaired to the church, and then took the eletilieln. The Rev. Mr. Nicholls, one of the candidates, was declared duly elected by Right, while it utter insisted that &lion, the other candidate, had the majority. in consequenee of this, an intormation was filed against Nicholls in Michaelmas Term, 1763; and Sellon alsn exhibited his bill in the Exchequer in Hidary 'rum, 1769. It seas thee ordered that both sitonid come on together, and in 1770, the Court, after mature consideration, declared thAn the right of eleaion was only in the parishioners an 1 inhabitants paying poor's and clergy's rates, &c. and also declared the eltilion et both candidates void, and ordered them to proceed to a new ballot, when the Revere; :f Mr. •1., o. was duly chosen. In the year 179 n, Mr. Sellon died, in whose room the Rev:tend tifr. Davis was eleitrd. By this time the trust became vested in two lathes of the name of Hawkins, Defendants in this cause, who were the heiresses of the last trustee. On the decease of Mr. Davis, Messrs. Lennon and Fostet declared themselves candidate, for the va cant Cure; and, on the 19th of July, 1303, a meet • mg of the parishite,ers WAS ,1141 i, and, it WAS pr,- posed, thee the friends of each candidate should meet, and agree on certain resolutions to regulate the election. On the mid, a vestry was held, and sir gentlemen were a,Ottainated on the part of each candidate to condua the elettiou, a': 1 six regelations were entered into, one of which was, that all per sons who had been assessed for ra'es of church and poor should be allowed to vote, Ste On the '2Oth of July the Eieetion came on befor • Newcombe and Puller, who were then Church-wardens, and at the close of the poll there appeared for Mr. Len non, 1047, and for Mr. Foster, 1105 ; the latter gentleman carrying it by a majority of 5 , t. A scrutiny was then demanded on both sides, and granted. The Church-wardens afterwards formed regulations for conducting the scrutiny, and the candidates entered into bonds a the purpose of in dernailying the Churchwardens against any ex penses they might be put to. This scrutiny was fi•,: , ,1 so commence on the 3d of September, when t;:c.• parties met, and the necessary regulations were made. In order that every thing might be perfectly correct, the Church-wardens had engaged Mr. Reader, an eminent Barrister, as their assessor. Mr. leenum had Mr. Scrjeant Sellon as his Counsel, arr. I was employed on the pert of Mr. and spoke at some length upon the legality of the scrutiny, Mr. Serjeant Sellon not being pre p med to Answer the Learned Counsel's arguments, required till the next day to prepare himself, when he was heard upon the several points made by Mr Dancy. The assessor having heard the arguments on both sides, desired that he might have time t. consider them before he would decide; after this the p titles would not be hound by the event of the sc , 71 tiny : in the end the Church-wardens determined it, and it was determined to submit it to the t • :mkration of the Court. The parishioners and et.iabitauti were prevailed iieun to make their re e,entatives to the British, in consequence of which the injunction was sought. The bill charged an undue election, and unlawinl and partial pro ceedings thereon. The Defendants had put in their answer, and thereby denied ell partiality or im pt,,:trr motives or preference; they admitted they were employed as Delegves, and belonged to the Society of Associated Friends, of which the De- LetdAnt, Mr. Foster, was Also a Member ; they had carried a message from the Committee of one Can didate to that of another, but used no partiality or preference whatever. They admitted that the Decree in the Court of Exchequer was right ; but they contended that it was ambiguous in its terms, and they were therefore obliged to come to the re gulations under which they proceeded to the elec ‘ tion. They alleged that the custom of not pitying the mates till the year had expired, seas customary and usual. Upon the second regulation, by which all person; rased for 1804, whether they had paid or not, were allowed to vote, except legally discharged cr poor; he contended that persons might be rated, and never called upon to pay those rates, and the right to assessment to pavans paying, would be , ' extending a ti::11; to vote to every person in the parish: he therefore submitted to his Lordship that a great number of persons had been allowed to vote without any legal qualification ; and the question was, whe ther die election had been conduCled fairly and pro perly ; and, upon this point, he conceived it was quite clear, th it no due eleCtio i had taken place : it was much to be regretted, that the length of the scrutiny had not been gone into, as it would have decided the real state of the poll. He than, in a very long and able argument, laid the distinClion between parishioners and inhabitants ; and, in con clusion, trusted his Lordship would see that the eleCtion was not satisfaanry, but that it was repug nant, and not at all cord:irritable to the real ri hts of persons entitled to vote; and that thereto* his Lordship would be of opinion, that the injuriction should go. Mr. Rico ARDS followed cm the same side. Mr. ROMILLY, on the part of the Defendants, entered into a very long and learned argument upon the whole of the case, and contended that the par. ties must have understood this mode of eleCtion per fectly well ; but, because it had not succeeded, they went on the oilier ground of scrutinising the votes, where they thought they might have a chance; hilt, having again failed, or being apprehensive of failure upon this, they had, at last, resorted to the pre sent mode : he then enlarged upon the constration which he conceived should be put upon the decree pronounced in the Court of Exchequer, and upon the real and true meaning of the terms of parishioner and inhabitant, therein mentioned, upon the right of assessing the rates, &c. &c. The Loan CII ANCELLOR, after hearing a num. ber of Counsel on both sides, and the ATTORNEY GEN r.k AL in reply, observed, that it did not signify whither the churchwardens were or were not parties to this suit, nothing appeared to charge them, aad they left toe Court not at all affefted by any thing that passed. The Omit could not eateitain the suit merely upon the grounds of any litigation that ' might hereafter happen. If it appeared that an eleftion had been duly had, the cause was com pletely out of Court; as to the deed of pur chase in the year 1(58, it was perfeAly silent as to whose duty it was to scrutinise any such elec tion. The trustees had derived their right to aft from their reltrdi qui trust, who had a right to call upon those trustees ; and, as to the right of nominat ing .o the bishop, that rested with the parishioners. After many more preliminary observatio.is upon the construilion of the former decrees, pronounced by Lord Hardwick, of the construetion on the words necessary to form a decisive opinion, and upon the meaning of parishioners and inhabitants ; his Lordship declared, that he felt it a case of great importance, and therefore should give it a full con sideration before he would make his final order upon it. The cause, therefore, stop I over for a future Jay. His Lordship then intimat d to the Gentlemen concetned in the matter of Bennett, a bankrupt (of which we gave a report in our paper of yester day), that, as to that part of the case relative to General Harris's purchase, he should take further time to consider of it. His Lordship further inti.n.tted, that he should sit again on the 10th of January neat, for the pur pose of disposing of the remaining petitions. • • COcIMON PLEAS, GUILON ,LL. Snatinv at Nati Pram', 4furc Arr. Jattice CHAMLISZ and a Sprvial !fury. BOLTON and RICKM ILOGEIII. This waiall36t lar;uintlsythe Plaintiffs, linen drap..rs, against the De1....5.t ant, one of the door keepers at Covent-Garden Ihcatre, Mr goods sold and delivered to his wife, from whom he had heel for some time separated. Serj -ant SHEPIIEiti), in stating the case of the Plaintiff, said, that though he was nut in reality employed as Counsel for the wife of the .Defendant; yet the s' anneful manner in which she WA6 treated by her 113;h:end, obliged him to declare her wrongs in open Court, and he had no doubt of obtaining a verdi,!t, when lee would ;rove these goods were got ; and that the fifteen pounds, which were Ilia value of them, were all that ha been!charged to the Defendant, for nec_us 'nes for his wife, during the last three years that they had heed separate. After the Defendant's marriage was proved, Mr. Campbell was called, who said, that Mrs. Rogers lodged in his house, and that he saw Mr. Bolton leave a parcel of linen and cotton goods at his house for her ; aid that, from what he knew of her, he considered her condua as meritorious. On his cross-examination, he said he had, some time ago, summoned Mr. Rogers for a <mall sum of money, for the purpose of trying the experiment whether he was liable to pay het debts, bur did not succeed, not being able to prove the marriage. Mrs. Campbell, wife to the former Witness, stated, that some wearing apparel hid been lett with her by Mr. Bolton, for Mrs. Rogers. She could not take upon her to say, whether all the articles men tinned in the bill produced were at the time wanted by her ; but they were such things as a woman in her line should have, as she could not earn her bread without appearing decent, as she used to go about to gentlemen's houses with smelling bottles and trinkets to sell. On her cross examination, she said, she could not take upon her to say how much the Defendalu earned at the Theatre, but she had heard that some people earned a deal of money there. Serj. BEST said, he also had heard that some people earned a deal of money there ; that he had heard of an astonishing young gentleman there lately, who earned fifty pounds a night; but that was net the case with his poor client. Mrs. Cuff deposed, that she lived about three years ago in the same house with Mrs. Rogers, who had at that time separated from her husband ; she remembers that one Sunday evening the Defendant came, and asked for Mrs. Rogers. She not being at home, he waited for her, and when she came in he asked her for his property ; she said, she had got none of his ; he then took her muff from her, and. buttoned it under his coat ; took her hand kerchief off her neck, and emptied out her pockets ; and, after some words hail passed between tfr m, he struck her, still asking her for his property, and she saying, she had not got it ; she at length got away from his hold, and was attempting to get under the bed, when he threw the candle and candlestick At her, calling her all the eiie names that could pw sihly be thought of. He thren went awa:-, and in A few days came again ; Mrs. Rogers, on seeing him, attempted mike her escape over the yard wall, hilt he seized her, and brought her into the parlour, and hiving stripped all her clothes off, except her shift, heat her in a most dreadful manner, an f Locked her down ; the witness then went out to get some person to interfere, and when she was coming back, she saw Mrs. Itogers running out of the house with out any thing un her but her shift ; she then saw the Defendant g athering up her clothes, hut could not say whether he took them away or not, and never saw any miscondua oo the pal t of Mrs. Ro gers; she afterwards heard they lived together. John Hardy saw Mrs. Rogers almost naked in the street, and held his coat over her until she got into a house, where the Defendant brought her clothes, and left them there. trait Brown deposed, that she was at a work house in the neighbourhood of Clerkenwell, then kept by a Mr. M'Kenzie ; that the Defendant and another man brought Mrs. Rogers there in a hack ney- coach ; when she was on the steps, she held by the tails, and did not wish to go in, but the De fendant forced her ; she afterwards heard him tell I the keeper that she would he wanting clean sheets, I and a hed to herself, but not to let her have them Mrs. Rogers remained there for eight or ten days, and then she helped her to escape over the garden gate. Mr. aid Mrs. Rogers afterwards lived to gether, and she lived with them as servant for five months, during which time Mrs. Rogers kept the house entirely by her own earnings ; lie heat her two or three times a week ; she has seen him catch her by the neck, and hoid her until she was black in the face. Charles Cobham, who lived in the chambers under the Defendant and his wife in Lion's-Inn, gave evidence as to the general ill treatment that Mrs. Rogers received from her husband ; and that one night, when he interfered, Mr. R. being half out of the window, and a CRAW about die door, the Defendant threatened to knock him down; but it appeared, from his cross-examination, that he and the Defendant had quarrelled about an admission ticket to Vauxhall, which the wit ness had as one of the musicians, and which the Defendant, who was a door-keeper there, charged him with handing over to -another person. The porter at Lion's Inn gave his testimony to the same effect. Mr. Hughes, treasurer to Covent-garden Theatre, said, that the Defendant's salary was two shillings a night, and some small perquisite for keeping peat. coats ; and that he ead a benefit every year, if he had a m.nd to take it: by his lat year's benefit, he made upwards of 1001. Serjeant BEST made a very lung speech, and en deavoured to she.., that the Defendant's income was not sufficient to e‘iew his wife these kind of clothes: an. 1 also, that her conina was not so good as ouitht to be he called some witnesses to prove thi-, and that she was well ab e to support herself by gilding china ; a hoeuess which she earned a great deal of money at, before the was married to Mr. Rogers. ... - 'Foe Jury, without hearing Selitcaiii in reply, -r a charge 4 ront the Learned Judge, , found a Verdi 4 for the Plaintiffs—Damages 151 I9s. Bd. TO THE EDITOR OF THE BRItISH PRESS. SIR, Corolla', Dec. 22, 1804. Wc 1,.g the favour of you to correct an error iu your Paper of 1 tit Blur tsit Pit LA, which gave an 'corium of tae trial of pasts's, for d :ft/wiling the Stainp.Office, by sticking thin touthec, Lc. You stat.,l, that the discount ;dinned to th.• Stationers was 12 per c.iit. instead of I} por Cent. which is all the docount th.it t. allowed to Station 'lli and nothing unless they take to the a. 111 l not of time. On Rec..ipt Stamp., I. the amount of 501. they are allowed t 1 p,s cent un condition 1.1 giving the Public the Paper, and charging them uu more than the amount of the Stamp. Yours, &c. POLICE. Yesterday Ricliard raylor, who was apprehended some time since at the IN'hite Bear Inn, in Basing liall-st-eet, and who has undergone several exami nations before the Loan MA voa. on the charge of having in his possession above fu-tv-six pounds weight of counterfeit half-pence tied in different bags, supposed to be intended for sale, was brought up before the Loan MA volt. The officers who took Taylor into custody said, the inform ation they had received was, that he had just arrived from Ireland with a quantity of coun terfeit money to circulate. The Prisoner said in his defence, he had taken therp in the way of holi ness ; and Mr. Harris, a Solicitor, who attend.• I for him, told his Lordship there was no evidence of the Prisoner's selling any of this bad money, and he did not conceive there was felony in having counterfeit halfpence in his possession, consequently claimed the discharge of the Prisoner, and the restoration or his property. Lordship discharged him ; h it Mr. Powell, the Solicitor of the Mint, stated, that he had examined the money, and finding it counterfeit, felt himself jurtified in detaining it, AS Government had received information, that a large quantity of counterfeit money had arrived in London from Ireland ; and that if an anion was brought he would itch.ad it. Yesterday the frost being so severe, only large craft could go through London Bridge, on account of the great quantity of floating ice, which rendered it dangerous for boats. About twelve o'clock a barge, with two men, in attempting to pass under the bridge. ran foul of a large floating island of ice, and in less than a quatter of an hour was so com pletely surroultded, that all the eadeaviaurs of the men on board to extricate her proved ineffeflual.— In that situation they were obliged to remain, nearly dead with the cold, for four or five hours, as no boats from the shore could go to their assistance. So strong was the ice yesterday on the River Thames, that the persons who superintend the Lon don Bridge Water-works, found it necessary to have their engine supplied with boiling hot water, to play upon the works, to prevent them from freezing, while men with long poles were constantly employ ed in knocking off the lumps of ice from the works, for Cie whole day. Should the frost continue a day or two longer, it is supposed the river, between briJges, will be completely frozen up. - ' HUNTING. • rafooar.rt's-iist.t., ritIOAY, NOV. :W. Day was unc-ommonlk fine; at eleven Lord M dletou and a number of Sportsmen arrived; at twel the pen was thrown open, and boldly out bound the Royal Hart; in twenty minutes the aunt hound Corm!, and some other, stag hounds wi laid on, and the beagles cloSe to th m ; he , cc over 800 thorpe Sheep Walk,. Foxholes Feld, a • turned for Grange, where the pack ran into vie ,arid continued so till they had crossed the Sheep Wa .4r. Pi icket's Plantations, and ran into him behi some stacks near Langtolt : none were at hand assis , him but the Colonel, who had nearly blown horse Esterhazy, as the servants had also done exit however, he cleared himself from the pick, bound over some high rails and inclosures, and in this mi net ran about a mile further, Athen the hounds wi headed and stopped. Ina few minutes Lord M. and i company came up, pretty well blown. Mrs. 'Mot ton, who had been obliged to change her horse, much mortified at being thrown out. She afterwat rode the sister to Hermants. The hounds in twee minutes were laid on, and ran handsomely to sot water where the Hart had coolth himself. The la gles now seemed to enjoy the scent; they ran srnar till they came to Coula:n Rabbi; Warren, where t multiplicity of rabbits drew them off from th game ; they were lifted and ordered to draw mu the Warren, and in about halt an hour they hit t Hart off, and ran very hard towards Drilfield ; turned up some inclosures, and, after a run of tht hours and forty-seven minutei, was taken unhurt Gunton. It was computed that this run was lung than that with the Foxhounds, and afforded, on - whole, a better chace. Lord Middleton changed horses three times. I Hot). J. Noby four times, and Mrs. 'I limnton twi SATURDAY, DEC. I Several greyhound matches were run ; and, fins a sweepstakes, or trial of three brace of greylioui that had distingulOred themselves by wine many matches. The hare was found on the f part of the Wolds ; and After a race of hear t miles, Colonel T.'s Eliza giro. a go-bye, kept place for near a mile, and threw up the hare. Sr a course was ecareely ever seen. Bide Eliza I got by Sdnmare.ipt isniqul: (by 3fej.,), out of cdli sestet t) Cilret and Czariaa : by this it appears t Afoi,w's blood have not lost their well-earned fa! (TanklL.ra SOUTHEND, DEc. 2t. On Wednesrlay tvaning last, about five o'cL a poor tellow, a butcher, and his boy, who ear meat about this neighbourhcod, left watering as for Foulness Island, with their horse and cart, serve their customers with their Christmas bs it snowed very fast, and the night very unpromisi Cap,ain Bullock's family, with their wonted hui inty, persuaded him not to venture across the sa until morning ; but, conceiving he could not be t taken in his way, would not be advised, and ye' clay morning the horse was taken up on the Saktit near the Signal-Laic, with his collar and part of traces he bad broken from the cart, part of wi was found near bhawburr Beach, and some of beet. I have just heard, the poor botcher'has b washed upon the sands, opposite the Signal.ho but the boy is not yet found. Two dogs that companied them have escaped. " The I and many friends" is an excel fable ; but the hare and aunty guise= is a valu true story, as the following instance will evi An elderly lady, who resides in the country, set year or two since, to a niece in town, a Christ hare ; with a letter of advice, that she would lit present within its paunch. This proved to I Share of a Lottery Ticket, that she had purch at a country office, and which, ;Is is well known large circle of acquaintance, gained the niece TWA:34SO rourins. It is conceived, however, this species of Chrithaes hex, whether dispati from the country to town, or from town to the 0 try, would be far more safely inclosed in a poi ter, than in the body of an animal whose cunnit often charaSterised by a " Stole ouves."—This as is peculiarly seasonable at a moment when a Lot is depending, which abounds with an unprecede number of capital Prizes. On Saturday last, there was the greatest market, at Egremont, ever known at this seam the year. In one street, there were one bun and seven carts, each containing, upon an aver six Cumberland bushels of corn. £he prices wheat from 2tis. to 30s.—barley from Its to I' oats from 9s. to I Is. the Cumberland bush About 2s. 1;d. per bushel lower than last w prices. The prisoners in Lancaster Castle had a to coals sent them last week, by an unknown per. On Tuesday night last a poor man, who came senge'r from Lundon to Salisbury, in one o road waggons, had a bed provided for him ; Three Crowvs 1:P0.1;c-house, in Brown-strei which he retired Apparent good health, bui found dead the nest morning. An inquest taken on the body, and a verdin returned, tl Hr duel by Ms wisacion of God. On Wednesday morning last, Mr. N tax e, I:shitry, corn-dealer, s , :t off from thence on I back to Devizes, but was some time after I dead on Salisbury Plain, abant half a mile frot Druid's liead, having perished, as is suppose the inclemency of the weather. A Coronet' quest being taken, the verdift was—Died I V,vitalion of God. Sunday last, as Mr. Haase, of the Royal Woodbridge, was riding to Rarnsholt, he It shriek from some persons apparently in grea tress; he immediately rode forward to the place whence he thought the noise proc:eded, and nately discovered the cause, which was a woma child on board a vessel, the WiLiew and Thom Rein, master, of Vs'oodbridge. laden with coals, near Ramsholt dock, which Intd caught fire in t bin, and was bunting furiously. 'The crew gone ashore to refresh tlieins:lves, after a ti voyage, leaving ali safe..as they imagined. 1 gave the alarm, and, with assistance, the n and child were rescued firms their perilous sin and the fire extinguished, but not without doin siderable damage.