The British Press; or, Morning Literary Advertiser. — London, England, 1805-07-31 00:00:00

TIIE47`IIE-Re)Y.4 l , rmulENll.lll. Mi.ss 1 7 f sn ERs imyragements at this Theatre closed oft ~,t u rday night with her henefi , Her pribrm p fic e. were Ibizm in The ff.TAland Reel, 3n j .dell, in The /).-eit lo Pap. In oddition to these, shy sung Cretv Jakr, in char, t ler, and danced the rat Sod originally compose I for her. concluding the whole wlth the followinn F•remell Id3teci. delivery of which had a great of ea un the feeling, of the audience. A' some prior mariner, his scerage Rciches, with ardent kap, the w .1 1 -known shore, And, onward nr,vtinc with impatient The 41,4 approaches when. hs Lope; wide; While boding doubts as hn way'ring Uoc , rtain the reception he my find ; Sol, me Ithonrs en led, now appear, With throbbing breast, your (heal decree to hear. !Should you to blame my efforts f,il Ler gentle pity bett:r iudgment blind ; • the Actreat riiirt+4 &tiro 1:1Ve At e •..t the Child rim synipttliv may tatse • should vow smiles your gen'mns pleasure toll, Wdi, whit fond rapture will my bosom swell 1 Woate'er your eentiments. my erne/al heat p . • its wire am. to play a studied parr, iv, m e the crown I hest, the %trot. , I wield, •• I da . Ise, laurels in the well fought held ; raviug o'er each mangled enrie, •` t Mrs. , ! a liorm t my kingdom for • horse :" %I/11 , 0er Ear Rauliatl %nut fancier tickle, Ur urchin: greet me in the Little ['dick : Wthmher for gall ,nt Raiment One, A rd tend ?1 , Juliet breathy' thioughnot the line; ( - )t, as the famished Shave. with imsy'rs intrent. " The smallest pittance! give nue butte sat !" Or, fairly thoeted by the Iletke make a d.vil," aye " a very devil !" Whethrr M Jotedie lasted, Jir Jahn earewi'd. By 31.0 a flnuted, or with a poor, dear, dear, Mr." Ant d 4 bleay'd, Or, when l find iris Layering spin( iy, " I Ike hotel namquer, or like Dangler Still Yhall my hunilates.,ul it. tribute use, Astound them scenes reflellori lover to play .? With swelling breast I'll &nil the grateful tear`— s' Ala. ! I feet I am eta Actor here!" " Whetter,' I go, whate'er !TIT lowleatate, • Yet grateful mem'ty still shell linger lyent ; " A rd when, !what*. you're MIAMI seer my Caws, You, still may greet me with a tender tsar ! Ah, then forgive me ! pitted let me part ! ▪ frowns. tee sure, wnu'd break my sinking, sink ing heart!" The house, particularly in the boxes, was ex tremely crnuded by a very brilliant assemblage of fashionable,. MR. PITT SID.WOUTN. ....mum11111•••••••.• Ma. EDITOR, A 'Morning Paper of Friday last, when speaking et Viscount S;dmouth's resignation, forgot to men tion the fest en , loess between that Minister, Lord Sidmouth, and Mr. Pitt, his then opponent ; it took place on June sth, 1801. when Mr. Robson made a motion in the House of Commons, " that there be . laid before the House, for the inspeetion of the members, an account of all pensions paid nut of the public mnney." It i, a fad, that Mr. Pitt's friends remonstrated with Lord Sidmouth against suf ferin4 such a motion to pass, saying (what is a truth), that it bad never before been suffered to be made public by any Minister. 'That list contained the pension to Mr. Canning's mother as a marriage portion, and as a provision for her daughter, of 5001, a year, °nem Mr. and Mrs of 1.2001. per year, one to Mr. Long of I.bool. per year, &c. Viscount Sidmouth declared himself an enemy to all such use of public money, and voted for Mr. Robson's motion ; and from that moment, June 5, lilol, a coolness commenced hetween him and Mr. Pitt's friends. The breach be-ame wider early in Koch 1802, when Mr. Robson, complaining that the public acceptances w. re not paid, Lord Sid mouth, then Minister, naturally took fire, and called that gentleman to account for such an aspersion.— Now the fact was known from I.ord Sidmourhts of ficial situation, that money Ld been granted by Par liament to pay all public acceptances, ara, therefore, not being in the secret, he confidently supposed Mr. Robson to have made a false assertion, treated him harshly, and put him upon his proof ; this produced from Mr. Robson a notice of a motion in the Com mons, for an account to prove his charge; and, to he prepared upon this, Viscount Sichtamith caused Mr. H Addington to make an investigation int o t h e lreasurer of the Navy Office; the consevence was, Viscount Sidmouth was, for the first time, and to his utter surprise, informed how Viscount Melville and Mr. Trotter had, for years, been using the public money, as well as the breach of the Aft of Pali. ament regulating the office of Treasurer of the Navy. Viscount Sidmouth, imreedintely, is spite of all 41r. Dundio's threats, informed Earl St. Vincent of the business ; and what followed from that mo rn-nr, March 18n2, the public are well acquainted with. 'I h,• e , mmereal world, I am sere, are with Vis c Sidmouth; for, in Mr. Pitt's administration, it was A common thing not to be paid rezdarly. Since Mr. Rubson's motion in the H lust of Commons, all acceptances have been dill honoured ; surely Viscount Sidmouth is entitled to the thanks of the merchant!, for having, in a commercial country, p►oduced what is the life and soul of trade —punc tual pay of the poitte acceptances. - - Yesterday, the Right Hon. the Loots MA yOR. after having examined the returns of the Meal weighers, ordered the price of Bread to he raised half an Assize, or one penny in the Peck Loaf, to take place to-morrow. The Qitartern Lnaf will 1411 be 1 5Id. Wheaten, and I 4J household. Monday the East London Militia, commanded by Sir Jost; EAlitk, made a grand salute at the Mansion 'louse, on their march through the City, towards Oreenwich and Woolwich, to relieve the eser regiment, which returns to town. Last Friday, the Duke nt COM prat AND and snit found a man genteelly dressed , lyi ng dead in a held ae.u• the Camp at Weymouth He had in his Pockets cash and notes to a considerable amount, and a watch. It has not been discovered yet who lie is. On Monday night, a young woman, in the county of Tipperary jail, made an attempt on her life, by tying up her arms, as if for the opera inn of pl le• li " ) t°ToYt and cutting it across very smartly with a large nail, so as to bleed pretty priutusely; but as sheoar" sighs awl grtta, ~ s by n ota t e ern pain," very suddenly gave the alarm, and, assistance being quickly procured, by the humanity of Sur- Pulacies, het Ida was preStlved for the pre. LAW INTELLIGINCE. COURT OF CH %NCERY—A3tr 3'. BAYLEY, adatiaistratix of set. ENTINE and raszeit, V. BAYLEY and at,vss. Mr. PICOT, on the part of the Plaintiffs, moved that the Defendants should pay into Court the sum of 81161. 17s. acknowledged in their answers to be lue by them, to the estates of Balentine and Frazer . As the grounds of this application, Mr. PICOT stated that a Bill had been filed some time since by the Plaintiff, as admiaistratrix, which, amongst other things, charged that a slim of 14.0001 and upwards, was done by them to the estate of Balm tine and F-azer ; who had, in their life-time, been co-partners with the Defendants. At first, the De fendants put in joint answers ; hut Mr. Bayl e y, n ot choosing to make the same confessions as Mr. Alves had made, was ihandinied, and the Delmdants an swered separately. The Defendant, Mr Bayley. had now put in his fifth answer, being four times in custody of the messenger for not answering suffici ently From they answers, the Learned Counsel said, be would be able to show to the Court suffici ent acknowledgments ot Mr. Bayley, relative to the account between him, and Balentine and Frazer, being settled. and a considerable sum of money being du to their estates, as would induce his Lordship to grant thiintotion. In the first answers pot in by Mr. Bayley, after stating that Balentme and Frazer had been co.oartners with him and Mr. Alves, he says, that he was entitled to hold their property, being their personal repress ntative In anotlier place, he state., that Balentine and Frazer owed in toy large turns of money, the amount of vJech was much greater than he had effeas to n.y. This, Mr. PIQOT con tended, was a rea •on, if i was the CAS that the money should be distributed amon,-st the creditors : if he was a trustee for the creditors, he certainly ought to have come to some s ttlem-nt with them in the course of fourteen years In other parts of his answers, he states, that a Mr. Winter had been em ployed by Mr. Alves to settle the account between them, and Balentine and Frazer, by which settle ment it appeared that the sum of 14,0001. was due by them, but he never had examine ,1 into the ac count, and did not know whether it was correft or not. The fifth answer, Mr. PIUOT submitted, fully supplied the isiformatiou in much wanti-g, namely, the 'lad sum of money due to the estates i+f Sa lentine and Frazer. Mr. Bayley says in it, that the suns due to the estates of Salentine and Fraser was reduced. as he was informed and believes, to the sum of 81161., but he did not conceive the Plaintiff was entitled to any part thereof This sum being acknowledged by the Defendant to be remaining in his hands, after the payment of the copartnership debts, Mr. Pt OOT contended, was sufficient to induce his Lordship to make an order to compel the De fendants to pay it into Court. Mr. ROMILLY, on the same side, shortly sub• mitted, that the motion should be granted, as it ap pearad, taking all the answers together. that this account had been settled fairly and accurately ; and that this balance remained due. Mr. Harr, on the same &de, hoped the Court would not permit itself to be baffled by such eva sive proceedings : and thst even it t e admission lit the Defendants was not so clear as he cold wish, yet he hoped it would be considered in this case, that the answer of one partner should be read against the other. as he conceived the only reason why Mr. Bayley did not make the necessary slistial admissions was, because, lot attending to the busi ness, he did not in fad know the state of the ac counts. Mr. Rims A ans, in behalf of the Defendant, Mr. Georgeßayley, said, he apprehended that the Court never ordf.red money to be paid, unless there was a clear admission of the amount due. Mr. Romilly was the only one of the learned Gentlemen, on the opposite side, who had treated this as a case which could not be opposed; the other Gentlemen, who were particularly acquainted with the plead ings, were aware of the difficulty, and had bestowed a great deal of pains to induce the Court to make this order, knowing that it was not customary in such a case to do so. The learned Gentleman then proceeded to state, that the Defendants, Mr. Bay ley and Mr. Alves, having had a dispute between twemselves, Mr. Alec., employed Mr. Winter to in vestigate the accounts, which being done, it ap peared that 81161. was due to the estates of Bales tine and Fraser, but no use whatever had been made of that account ; and though Mr. Winter might be a very good accountant, yet he was the in.eit improper person that could be employed on this bIID:I^SS, as he was the confidential agent of ,the Plaintiff the Loan Cit sac rt.t.oa—fi There is hot one question here, whether there is, or is not, in these five answers put in by Mr. Bayley, an admission of the amount of the money doe T . ' Mr. Rictus/as proceeded and said, he considered that was the only one, and submitted that no ad. mi ss ion had been made, and that it was not proper to state the account made by Mr. Winter, who was a complete stranger, and which never was ailed upon, and therefore could not be considered as a binding account. Mr. Bayley, he said, had ad ministered to Btlentine and Fraser. in one of the West Indian islands ; therefore he thought he was not liable to part with the money he had in his hands, as there were many debts due, contratted in the West Indies, far exceeding the assets Mr Bayley possessed; be, therefore, thought, if the Court would take the money nut of the hands of the colo nial administrator, at the instigation of the admini strator here, they would be doing a manifest piece of injustice, as they would make the colonial aim , - n strator liable to the debts due by Balentine and Frazer in the islands. Mr. JORD A N. on the same side, conceived that Mr. Bayley could not be bound by the balance made be Mr Winter, as he *ever had examined into the accourt. or ailed on it in any matinee. Mr. Ptownit. was eunvinced that the Court would never grant by motion, what they would not grant in any other way ; and, after entering at great length into the circumstances of the case, con chs lad by saying, that tile objet of this motion was no• n.er.ly tr. have the money paid into Court, but to Re: rid of toe ques inn in this summary man ner, not w , Oing to let the cause conic to a fair hea , ing, and be decided according to the merits of the case. Mr. l'uolersos s on thermal' Mr. Alves, said. he was instrunedio say, he hid no objelion to this motion, so far as he was concerned. He then made some short observations on what had been said with respea to his client; and concluded by saying, that if an order was made for the Defendants to pay the money into Court, he hoped they should be com pelled to pay it only in proportion to the shares or interest which eac:i had in the partnership. The L',sCNsNcttt.Lna said, that with respeft to the bulk of the asset", he did not think there WAS any objelinn to their coming into Court, as the Plaintiff, as administratric of Balentine and Frazer, desired it. And as to the argitnnt of Mr li.tyley's being liable to the dehts of Balentilie and Fr::zer, as colonial administrator, he did not think that WAS such a hardship, as his person was here safe, and if he was called upon to pay tle deter, the Court was competent to bring th.• creditors h-fore them, and settle the matter ; hut still he thought it was ne cessary for the Plaintiff to chew, that there was an admission in the answers, that the account was set tled, and the money due. Mr. PirlOT then, in reply, took a review of all the arguments which had been adduced, resting his case principally on the admissions in the fourth and fifth answers, from which he thought it impossible but the Court must great his motion. The Loa °Cita e Lout s.tid, there had been very great pains taken to prevent an admission from ap pearing on the answer ; and, whatever might he his wish with respect to this business, he could not break through the rules of the Court, if such admission did not appear His Lordship then call d fit: the bill, and the fourth and fifth, and answer, and said he would deliver his opinion on them when he came into Court to-inort ow. Mr. Pcnwosta then moved that Mr. Bayley should be discharged out of custody, on payment of costs. Mr. HA MT Sail that could not be done until the answer was accepted. Fite Loa D CMasceLLoa said it might all be set- tled to-morrow. HOME CI IiCIIIT. HERTFORD. MONDAY, JULY 29. The Home Circuit commenced at this tcwn. The Judges are Lord Chief Jusice MANSTIEID and Mr. Justice HLATH; but, as the business of this place is very trifling, the Lor.l Chief Justice does not come down. Mr. Justice lies Tit arrived about twelve o'clock this morning, and was immediately attended to church by the High Bailiff: returning from thence, he went to the Court, and begat business imutediAtely. CIVIL SIDE . On the Civil side there were only four causes en ter,d, of which two only were tried: one other was withdrawn. and another agreed to be referred. ASTLEY V. STUMM. Mr. GURNLY opened the pleadings in this case, and stated, that it WAS an anion by Richard A , tley against the Rev. Jus. Sturgies, to recover the sum of 60!. the price of a horse, which the Plaintiff had sold to the Defendant. Mr. Serjeant Sm. as leading Counsel, observed, that, if he had not been convinced of the accuracy of his Learned Friend, who opened the pleadings, he should have certainly thought he had made a mi stake in calling the Defendant the Rev. Jos. &or gies; for he appealed to the Jury whether there were any outward and visible signs of the clerical cliaraner in the dress or manner of the Defendant— ( Mr. Sturgies was in Court, dressed in a light frock coat and waistcoat of the Jockey cut). But, how ever, it seemed the fan was really so—and he be lieved the Jury would think that there was as little of the parson in his conduet as in his dress, when they heard the evidence in this case. It was not den e.. 1 that he bought the horse, and agreed to give 601. for it ; nor was it denied that the animal was sound, for the Defendant kept him. All that he had alleged against him in his clerical language was, that he could not tell what the devil was the matter with him, for he gave him as much corn as he could eat, and yet he did not look to pleaso him. In pay ment for this horse the Rev. Gentleman had given his client a Bill of Exchange on a receipt stamp (Ov migtokt no doubt), which was of course of no value, and perhaps he now thought that they had no other evideme to prove the transaCtion ; but he would find himself disappointed, for he should call wit nesses which would clearly entitle the Plaintiff to a verdin. l'homas Tomalin stated, that he was bailiff to the Plaintiff, who resided in Leicestershire. He knew the Defendant, and had several conversations with him, in which he acknowledged he had bought the horse in question for 601. He had said that the horse did not please him, and could not think %, hat the WI WAS the matter with him —he would sell bill and pay only as much as he fetched at market. One day he had a conversation with him at the Plaintiff's house, and several persons told him the horse was worth the money, upon which he said he would pay the money ; but, by G—d, he never in tended it until he was convinced it was worth it. He promised that he would send it in a few days, but he had never done it. He was cross-examined by Mr. Osasow, whether the Plaintiff Was not a horse-dealer, who obliged the Students of Cam briJge, in the Article of horse ILA ? He said no! the Plaintiff was a gentleman who rented a farm, and had horses which he sold. Mr. G PROM, for the Defendant, contended that his client was a young gentleman of Cambridge Uni versity, who had been most egregiously duped by the Plaintiff , a knowing horse - dealer, It was rather singular that he should come to a Jury in Hertford shire to obtain justice, when he might s o m uc h easier have got it at home, in Leicestershire; but there might be a very good reason for it—he was known at home, and not so well known hese. He thought the observations on the parson's white coat were very unnecessary ; but if they were of import, ante at all, at least look at the other side of the question, and ask what was the Defendant ? Al though his witness would not allow it, yet in simple truth he was a mere horse-dealer ; and it had often been said, the animal called a horse-dealer, had such a propensity to cheating, it was so much in his blood and borne, that be could not resist the tempta tion of defrauding even his own father. Place, therefor*, the charailler of the horse-dealer against the parsen's white coat, and that page of the ac- OW= was balanced. With respell to the merits of the cause itself, he observed that no evi.lence was given of the value of the horse, env pt that of the Plaintiff's bailiff, which he was sete the Jory would never trust to, and therefore they wou:d cut duw.t the demand made against his c;i?nt. Mr. Justice HEATH (C id the Jury, that there *AS no evidence that the horse was Vsol th less than to.d. • and if the Defendant meant to dispute its value, Le ought to have had witnesses to prove it. Verdi& for the Plaintiff for Gol. mous 1. SPURRIPR. This was an pion of replevin. Me Defenelort made acestry for half a year's tent. The Plait of had replied, that 11-.! was not tenant to the Defe,rl- ant ; secondly. that before the rent was due, the Defend it had ejedled him from a part cf the de raised premises, and therefore could not rattiotairs distress for rent Mr. Serjeant Sneer' ta o said, although he was • 1 11 ' Counsel for the Defen tarn, yet, as the issue lay upoi him, lie was ro begin. The D fend:lnt Spur rier, by his pleadings, said, that • e distrained upos the Plaint:ff for nalf a year's rent ; tLe gnelltuse, therefore, in the first place, would be, whether Inglis was t maim to Spurrier or not ? Tine pleadings had branched into different forms, so as to meet the whole case; but he should distimily prove, that William Inglis had agreed to iecome the tenant tf Spurrier, and that his sAn, James [mei-. ! , ad ne gociAted for him. He should prove it by his owls letters, and by the draft of the lease, altered in his own hand writing; and at last, when there was dispute, whether dames Inglis, hiss as, or himself, should be responsible; it was referred to the a:tar neys of the Plaintiff and Defendant, and they both agreed , hat the Plaintiff was answerable, as the tr. - nant of the Defendant. To prove this case. the Learned Strj , ant pu• ail the Plaintiff's letters, and a notice to curl! from rim. He afterwards called Mr. Cherry, the Attora y for • the Plaintiff, who proved the conversatims a ad missions. Mr. Serjeant BEST rested his defence nn the rood that he had been ejected from part of his farm. velvets • put an end to the landlord's right of distress. 1w:1;4 he said, v,SIS gone to Scotlano, which was the nest possible proof th tt he had been fleeted for vraat man ever voluntarily Ifft a farm in Herttor , :snire to go to Scotland ? He .added, that lie should c.tli -vi dence to prove that th- Plaintiff had dire.ied his servants to take possession of a close called Spotts ley's Field, which w is part of the Church-end farm. leased to the Plaintiff, and gay- them instrefons to be up early, broom the &nehmen was stirring. as if he thought he could :is, early enough to over reach a Seotesman. The Learned Juige here interfered, and observed, that the notice to qoit was a wanner of thollijaasetia a:.d an admission of the tenancy. Verdict for the Defendant. PO I.tr.s. ',Cr. 1110W-STICET. PICK rOCI.F.Ti. On Monday evening, Tawrspaerr, Lived. and Built*, supposed to belong to Barat , ,'s gang, who are tespeaed of picking the pocket of Mr. Symtuvis, 4 41 at the lite Harleston Fair, N rrfnik, of that town's Hank Notes, to the amount of between one and two hundred pounds, were brought up fir re-exa mination, before TH.) NS AS 80/lissom, Esq. Mr. Brown, a constaisle, of Harlenon, proved the Prisoners having seen in the town at the lime of the robbery. Anthony produced the 101. Harlestnn Bunk Notes which he tound upon the Prinmer Thompson. Mr. Symonds WAS unable to identity it. h'. pocket hwri g been picked soon after he had received t notzt. at the Bank. He appiied at the Hank for the p irt,culsrs of them, but the clerk had negi.ened to take the numbers and dates. It is to be lamented. that nes bers frequently escape justice. tnrouga the Onvet.ir manner in which mince v bankers transtil husiiiesa. The Prisoners were committed tOr further examina tion on Monday. A number of other infor Imams I ailing been I sid against the men who are in custody, for ribta•ning boots under false pretences, they will he brought up again for further examination to.moecuw. H A T TOI4-03A Yesterday a young man, about twenty v-ars of aye, was brought befsre the Magistrate in Hatton. Garden, being found the preceding night in an area of a house in Gray's inn lane by the watchmen upon that station. He said his name was awl, and that he was the son ot an attorney in the Temple. He had been with SOM.* friends at Isling•on, and had drank rather freely ; on his way home, between twelve and one o'dork, he fell through the rails, which were broken. Upon tnrther anyes ttrAtion, it appeared he had been before the Ma. gib:rates some time ago. He had belonged to the Bloomsbury Volunteers, and was dismissed He had been sent on hoard a tender ; but, in consequence of a defect in his sight, was discharged. He was remanded for further ex iminail , n. •smic••••••gemom A letter from Botany Hey, rAten by one Att. ottw who was some time since transported thither for dealing in bank note forger;es, to nit friend in Dublin, amlng other matter , men. dons. that the lass well-kniovn BA tosINGT..O3 died very rich—and that he has left a V liu teg.i.y 4, near relation in that city. to whom Dor La v e-a a direflion where he is to apply to get the proper:T. A high-bred hound bitch, the property of a gentle, man at Horsham, littered one day last week. sixteen puppies, 41 of which ate slive, and &tag well. Mr. Moo tes celebrated mule Mae who ran last yea , . at Bristol, against Captain BTO/ifs, of the Hants Militia, was ha week sold for the extr.s..rdi. nary price of Itio guineas, to Dr. Bair us, ot Birch Grove, near that town. So hithly pleasing are the amusements at the Rural. Citrus, which, besides the Horsem..n•hip of Macatie, so universally admired, consist of that spirited piece, The Fourth of Jane; or, Mae,. Item; the beautiful Spectacle of Aiwa, and the Haile quinade of A Mogul Yak. with the laughasle Chows of Baanscav ; that it must afford no small wise faetion to learn, that these produetions will be con tinued through the present week. On Monday next a Neer Ballet Dance, composed by Mosivnom a Iv, called Lore and Leiedore; or, The Piper of L;nlit4- gm; with a Sew Overture by Mr. Nik SR V. Ibe performed for the first time, sod a new Coro;c Pea. tornime, which has been A long time in prcparateuu,A will be produced ip a fro days. '4 1