The British Press; or, Morning Literary Advertiser. — London, England, 1826-07-26 00:00:00

ty. Alt eet leg r is y t tees his ber. 'Try on- Ile ,st lICh an F 4 T. litor cur.. wri n ill lg to a, if that --...r ---1 -. etiv.t. 7 7 - ... --' . ,-- _ 1.,...... . ' 0- 7- -- "T'• -.- -- ---. ',- -- _ " 7 " - -- ..4.: ,. ....:::: . 7 ‘ c ., : . z.., ,- 21101 , s----... -, .---•--: - ....0 ' 2 - •& -14 :,i -.1 ; : ;. ;:j.7 7::;1---„ 1 -14. 4"4: - .. j : i: 1 " . ' PA RT I ES. • The Dowager Marchioness of Salisbury will have an assembly t•-marrow evening, at her house in Arlington-street. The Dowager Countess of Esse: had a select card party yester day evening, at her house in Hill-street, Berkeley.square. I'lscountess Hampden had a dinner party yesterday, at her house is Green-street, tirosvenoe.square. Luly Caroline Bohm entertained a large party of fashionables yesterday evening, at her house in Queen Ann-street. Lady Eleanor Lowther h ad a g rand card party on Monday evening, at her house in Bruton-street, Berkeley-square. Lady Cockerel' entertained a select party of fashionable' on Honday evening, at her house, Terrace, Piccadilly. MOVEMENTS. The Earl of Abergavenny has left town, for his seat, Edridge Castle, SUOMI. Lord and Lady Grandey have left the St. George's Hotel, Albz. merle-roreet, for their seat an Surrey. Lord Stowell wired in town yesterday, front Easley Court, Reading. Lord Althorp has arrived at his seat, Winton 11.11, Yorkshire , from Northamptonshire. Colonel Frederick Culling Smith arrived yesterdAy. at Fenton's New Hotel, Si. James's-street , fro m a tour. The Hon. William Edwards has left for Suffolk. Cowrie and family have arrived at Jordan's Hotel, St. James'a.street, from a tour. Derrtures .—Sir John Shelley. Bart. for his seat in Sussex; 31r. and 3lrs. Stanley and family, for Cheltenham. Mr. and Mrs. Scott Stonier and family, from a tour ; West, Esq. M.P. from ditto. Arrivals at the Burlington Hotel. Old Burlington and Cork. streets t—Admiral Sir John Dare. Bart. from Hatchet; E. Lamb eon. E•.j. front a tour. Departures s--Captain Harcourt for St. Econanl a, Writs; Mrs. Mastic for the East Indies. Departures from the Bath Hotel. Arlington-street :—Mr. and Mrs. Budd fur their seat in thf.irdshire; Captain Fraser for Ire land ; W. I. Petkins, Esq. for Cheltenham. Arrivals at the Itoyal Hotel, St. Jamees-streetr—The Hon. T. Flettnes front Belvidere; Thomas Champion. Esq. from Black- water. Artiv3 l % at Thomas's Hotel, Berkeley-squat e :—Sir Alexander and Lidy Wood, from their seat in Yorkshire ; Sir Thomas and Lady Heathcote, from Hams. ENGLISH OPERA-HOUSE. Last night a new Operatic Romance, in three acts, was produced at this Theatre, under the title of The Death fetch; vr, the Strident of Gottingen. The characters were east as follows: — Ebert tthe student) - - Mr. A RCHER. liudoloh Mr. PEARNAN. IRK , Or Von Sawn - Mr. BARTLEY. Hal* Meade Rothe • - . hiss PATON. louisa Rothe - Miss !CELIA. Martha M i ssGOWAID. - - The Dratle-Feleh. notwithstanding the German name; which we have just registered, is taken from the story of the Fetches, in the Tales of the O'Hara Family. Having stated this, it will be of course unnecessary to enter into the narrative of the piece, which is, in fact, nothing more than a dramatic representation of the original tale, with a change of scenery from Ireland, where the superstition of the Fetch really prevails, to Germany, where it does not prevail. This change, however, may be for the better, u superstitions of that class are more closely associated in our minds with the German character than with any other At all events, whether from this or other causes, the piece WM Germanized, and the additional and terrific supersti• Sion of the Fetch was exported from the Emerald Isle to find a local habitation amongst the Hartz Mountains. With respect to the merits of the piece, it very soon be comes apparent that a crowded theatre is not the place tele re the awful impression which is conjured up by the bare idea of a Fetch can heat be realized. To those who have listened to such tales by a fir:sido on a wintry evening, with no other light than the flickering of the burning tut f, while at every period of the Nurse's tale, the howling Hut that swept the foaming waters of the Shannon, rattling against the closed window *butters, gave awful credence to such narratives, the announcement of such a piece mutt have had a peculiar interest; and although ma, tarty of years might prevent the renewal of the ter ror which crept in youth through every vein at the hare r,cital, yet they would naturally expect something like an intense interest in the representation. They would, however, be disappointed. There is nothing dramatic about the story, no incident, and it is consequently very heavy. It is true that some scenes are very effective, and it is also true that the piece was eminently successful, u far as regarded the apparent satisfaction of the audience; but most of its success is to be attributed to the excellent acting of Miss Kelly, and not a little to the beauty of the scenery. .1 great number of songs are introduce 1, and two rather ;.m; ones are given to Miss Kelly; but they are not at all :it kd to her style of singing, and are consequently by no smalls serviceable to the piece. Those which were allotted t o Nlisa Paton were of a happier description, particularly one which she accompanied on the harp— " Awake, my life, the morn is on the hill," and which she gave with exquisite sweetness. The several performers sustained their parts very effectively ; and on tlr. Birtley's announcing the piece for repetition to-night, the applause was actually tremendous. Still we are of opinion that it can only run for a limited number of nielo is. WI NDSOR, JI: 25.—His Majesty and suite have been on an airing to Virginia Water to-day. Yesterday the King and suite proceeded, in two phaetot a. to leaped tl.e Castle, about four o'clock. Mr. Wyattville was in waiting to receive and attend the King, who was occupied till near five o'clock in inspecting the Castle, when the King left the Castle, proceeding through the new arch, down the Long Walk, through the Great Park, to the Royal Lodge. The Duke of Yotk took his usual ride on horseback Is at put yesterday morning; his Royal Highness also took an airing on Monday afternoon, in his carriage. The Princess Au gusta visited the Royal Duke yesterday. Mr. Macmichael has been appointed one of his Royal Highness's physicians, and frequently attends the Royal Duke. The Princess Sophia Matilda left her residence in Curzon-street yesterday, for Blackheath. Yesterday the Lord Chancellor, Mr. Secretary Canning, Earl Bathurst, the Chancellor of the Exchequer, Lord Betley, Mr. Wynn, Viscount Melville, and oth,rs of the Cabinet Ministers, dined with the Earl of Liverpool, at his sett at Coombe Wood, Surrey. The Lord Mayor and the Lady Mayoress - left town yes terday en suite for Oxford, where they were met by several Aldermen and their Ladies. 'ibis day the Lord Mayor will entertain at dinner, at the Star Inn, the Heads of /louses, and other distinguished members of the University, together with the Mayor and Corporation of the city. The Lord Mayor's barge has orders to be in readiness at Oxford on Thursday morning, n the whole of the civic party will return by water to London, where they may be expecttil to arrive on Saturday evening.— Alderman Sir J. Shaw, Bart. will preside at the Mansion House, in the Lord Mayor's absence. The Lammas fair of Exeter, which is opened with the ancient procession of the glove, and continues three days, terminated on Friday last. The show of stock in general was unusually poor, and the fair was but thinly attended, owing to various causes, of which the general stagnation of trade, and the uncommon dryness of the spring, are the most obvious. There were a considerable number of horses; but the demand for them was unusually dull. A' few purchases, however, were made, chiefly by dealers from Somerset and the vicinity of the me tropolis. The oxen brought to market looked lean and in bad condition, which may be ascribed to the extreme scarcity of grass. Very few sales were effected, the pros pect of winter feeding is so bad. Fat bullocks, however, We - e in good demand, and sold at a fair price. The sheep fair was uncommonly small, but exceeded the dolma, as a . great proportion w e r e d r i ven away unsold. In the leather lair both the supply and sale were slack. Calf-skins may be quoted from 21. to 2s. 21.; close butts, I9d. to 21d. ; English hides, Rd. to 16d. ; buffaloes, 14,111. to 154(1. ; horse hides, 12d. to Rd. The sale of British wool seems I° be spite annihilated, the quantity of foreign wool im ported Is en great. Ots the whole the fair was the slackest ever remembered is Devonshire. LIVERPOOL, JULY Si i. The aspect of things in the manuficturiog districts con tinues gloomy. Nor can we flatter ourselves that there will be an early improvement in the condition of the coun try. 'f be distress among the artisans in the interior is un abated; and it is, we fear, likely to increase. Several ex i tensive manufacturers have, it is stated, resolved to limit the time of their workmen to only four days in the week, in consequence of the demand for goods being almost en tirely suspended. When trade is in the depressed state which this fact indicates, it is not possible that the thou sands of industrious men who have for several months past been out of work, can obtain employment to enable them to provide for their own wants and those of their families. The prospect, it must be confessed, is sufficiently dis couraging. The bounty of the benevolent and humane has done much to mitigate the sufferings of the unfortu nate poor; but experience has deuronstrared that private cherry is perfectly inadequate to supply the necessities of _all who are at present pining under horrors little short of those of destitution. Government, we are assured, are anxious to do all in their power to mitigate the sufferings of the poor ; but the evil under which the country is la bouring is one which, we fear, " neither Kings nor Go , Treatments can cure." Ministers cannot give an impetus to commerce, or revive trade, or impart motion to the looms ; a d until commerce is quickened, trade revived, and the looms are once more in motion, the present unexampled 1 distress in the manufacturing districts cannot undergo ally 1 , sensible diminution. As was to be expected, a variety of nostrums for the cure of the evil have been proposed by political quacks and unprincipled politicians. An extensive landowner in Cumberland, Sir James Graham, has published a pamphlet, in which he recommends a direct tax upon the funds as the only method of alleviating the sufferings of the country. This scheme is denounced by the Editor of the Friday's paper, as " a project which, although it may ere long become inevitable, can never be resorted to with out a dereliction of national faith and the principles of jus tice." This is sound morality as well as honesty, and we should be the first to applaud the writer for his public virtue, if there were not observations in the article which contained this manly declaration of sentiment that make one surip's . .ms of its sincerity. For, it ought never to be forgotten, that the Editor himself has a favourite " pro ject" of his own for diminishing the burdens of the coun try ; not, certainly, in the shape of " a direct tax upon the funds, a project which can never he resorted to without a dereliction of national faith and the principles oT justice;" but in the shape of what he terms an " equitable adjust ment, which, were it practicable, would be perfectly fair and honest." Let us examine the difference between Sir James Graham's infamous project (for so our contemporary considers it) and the " perfectly fair and honest" scheme of the editor of the Friilay's paper himself. The object of both is to take a slice from the property of the fund holder. This Sir James would effect by imposing a direct tax upon that property: the editor would accomplish it by diminishing the capital of the public creditor. The first project goes upon the principle that every species of property should be wade to contribute to the exigencies of the state : the second, that it is perfectly lawful to de prive the fundbolder of a portion, be it great or be it small, of his particular property, whilst every other kind of pro. perty is left untouched. In short, the Baronet would ef fect his object by direct taxation : the Editor, by direct robbery. How the author of a scheme of open, barefaced spoliation could pronounce Sir James Graham's plan one " which can never be resorted to without a dereliction of national faith and the principles of justice," and yet cha racterise his own as " perfectly fair and honest," is one of those mental phenomena which may surprise a stranger to the Incubratioes of the editor of Friday's paper, but which those who are better acquainted with his writings know to be perfectly in character. Our contemporary is quite delighted that he has found a " prime Tory and Orangeman" the author of a scheme for diminishing the public burdens just as infamous as his own. And who is this Tory and Orangeman ? Why, the Rev. Sir Harcourt Lees, a man whom the Editor of the Friday's paper heretofore considered a madman, but whom now, since he has published a scheme for robbing the pub lic creditor, he deems perfectly sane, and almost as wise a man as himitelf. If Sir Harcourt, forgetting not merely the principles of Toryism, but the principles of honesty and justice, has published a scheme of spoliation, we are sure that the Baronet, if he were sane before, must be mad now ; and we wish our contemporary joy of such a convert to his notions.—Lieerporef Albion. MEETING AT KENDAL. In consequence of the exhausted state of the funds some time ago raised for the relief of the necessitous poor of this town, a public meeting was held on Friday, in the Town Hall, for the purpose of considering the best means of giv ing support or employment to those now out of work. The meeting was but very thinly, though most respectably attended ; the Mayor in the chair. It was stated by the Secretary appointed at the last meeting, that there bad been expended for the relief of the poor 6321. las.; of which sum 4821. 163. had been laid out in oatmeal and po tatoes, 1501. in wages for breaking stones, and 101. 7s. for hammers; that 490. had been received in subscriptions; and dist consequently there was a balance due to the com mittee of 131/. 3s.—to cover which, however, they bad the whole of the stones that had been broken. The coimnit tee, it was stated, had found great difficulty in disposing of the atones ; they hail applied to some persons in Lancashire accustome to purchase such things ; but the answer was, they would rather buy them unbroken, for they were wanted to employ their own poor upon. Until within the last month, relief had been given in oatmeal and potatoes, but since that time the money had been expended by giving the poor employment in breaking stones; and it was men tioned by one of the gentlemen of the committee, as a fact highly creditable to the poor, that though unaccustomed to Inch labour, they had most cheerfully undertaken it. There are now about one hundred and fifty persons em ployed in breaking stones, who cannot find any other labour. Two plans of giving relief were proposed to the meeting: the tirst was to enter into a subscription to pur chase provisions and other necessaries for them ; the (Acr was to collect subscriptions, which should be con sidered in the nature of a loan, to be laid out in giving tmployment in breaking stones, and returned when the stones should be sold—the subscribers bearing their share of any loss that might be sustained. Some of the gentlemen wished both of the propositions to be adopt cal, particularly if the relief granted could be confined to those who had not received any parochial assistance, all the speakers expressing the strongest desire to keep up that spirit of independence amongst the labouring poor which was but too sure to be broken down, when indebted for subsistence to parish relief. The plan, however, wag objected to on the ground that, in giving this sort of relief, it was only lessening the burthen of the poor-rates; for that where the subscription allowance was not suffizient for a family, and they were obliged to apply to the parish, the Overseers only added a sum in proportion to what the applicants had received from the charity fund. Besides this, a great proportion of those out of employment be longed to other parishes ; and if the present stagnation of trade continued (of which there appeared every probability) it would be impossible to raise a sufficient subscription to maintain all, particularly during the winter, when clothes and other things would be wanted, which were not now ; and it was therefore of consequence that those who be longed to other parishes should be removed as early as possible. Every one appeared to regret the necessity of this proceeding, but all concurred in the justice of first providing for those who had the strongest claim to support by being natives and parishioners. The second proposition was therefore adopted ; and a resolution was moved and carried, to the effect that subscriptions should be immedi ately entered into, for the purpose of etnploying the poor in breaking stones, the stones to be afterwards sold for the re payment of the subscriptions. A very liberal subscription was entered into in the room. Mr. W. Wirsosi, of Netherfield, stated that a Gentle man bad told him, on the preceding day, that he would advance 50/. subject to the profit er loss upon the breakage of stones, and he had no doubt the Gentleman would be as good as his word. It was generally agreed that it would be necessary to call another meeting soon, for that the present measure could only be considered as temporary.—Kendal Chronicle. THE BRITISH PRESS PRESENTATION OP A • PIRCE OF PLATE TO MR• ALDERMAN GARRATT. Yesterday a Meeting of the Inhabitants of fridge Ward was held at Fishmongers' Hall, for the pu. pose nf presenting a service of plate to their Alderman. The plate which cost between two and three hundred pounds, was purchase d by subscription. Mr. ATTWOOD, M.P., as one of the inhabitants of the Ward. was called to the Chair. He said, the inhabi - nnts a re desirous of conveying, in a distinct and lasting manner, some expre , sion of their affection and regard for their Alderman, as a neighboar, and were anxious to express their high opinion of his general public conduct as a Alagistrive of this ancient City. They thought the best mode of doing this was by the presentation of the piste now before him. It was not that the plate wan of itself of high valise—they at tached to it a tleAeree of importance, as it wan a testimony to the worth of their Worthy Alderman's private character by those who were best able to appreciate it. (Heat, hear.) It was not, how ever, solely on grounds of private respect that they would feel themselves warranted in proceeding so far out of the common courae. but it was liceanse they felt that under his superintendence as Alderman, the interests and respectability of the Ward had been advanced ; that under his care the honour of the Shrievalty had been maintained in a distinguished manner; and that, as Lord Alavor, he had maintained the splendor , the respectability , and the hospitality of the Mike, in a manner that had secured to him the lasting respect of the City at large. He (the Chairman) had now , theretnre, the high gratification to beg his acceptance of these pieces of plate, which, to use the terms of the inscriptim, were— - . . " Presented by The INHABITANTS of the WARD of BRIDGE, Within the City f London, In testimony or thi it affectionate regard, To their valuable and faithful Friend and Alderman, JOHN GARRATT, EsQ. And as a token of the sense which they entertain Of his estimable qualities in private life; of the unceasing seal which he has ever manifested for the interest of THIS U'ATIDI Of his honourable and independent conduct, exemplified in the discharge of the important duties of CHIEF MAGISTRATE of this Metropolis ; Of the splendid hospitality displayed by hint throughout his Mayoralty. Embracing in that period, the memorable act of his laying the first stone of a NEW LONDON BRIDGE, On whiz), interesting occasion A most sumptuous Entertit nment was provided by him for HIS ROYAL. HIGHNESS FREDERICK, DUKE OF YORK, Presumptive Heir to the Throne of these Realms, For the Members of his Majetity's Government, and for HIS YELLOW-CITIZENS. November, MDECCXXV. - - Mr. A !dermal' Ga Basin* thenrose, evident !much agitated. Any words which he could select would be insufficient to express his feel ings. Born in the Ward of Bridge, and a resident of it all his life, it would not be doubted that he hail anxiously endeavoured to attend to its best interests, and render it services; but those services would not Dave merited so high a reward, had not their kindness supplied the di ficiency. He concluded a feeling address by saying, " Gen tlemen, whom I may truly call my friends, I accept with pleasure this beautiful mark of your approbation and esteem. I will hand it down to my son, and charge him to apmect.te it ss highly as his father did before him; reminding him, the highest reward any in dividual can receive, on this side of the rave, is the approbation of the great and the good, such as those who now surround me." (Load and continued applause.) Thanks were voted to the Chairman, when the Meeting se parated. IMPROVEMENTS ROUND ST. PAUL'S. On Monday a pnvate meeting of gentlemen took place at the Mansion-House, for the purpose of constdering the propriety of dopting a plan submitted by Mr. Ehnes, the Actuary of the .ffi:gis Assurance Office, for the improvement round the neighbourhood of St. Paul's. - -.- The Right Hon. the LORD MATOIL in the Chair. Amongst the persons present were, Aldermen Wood and Thomp son, Mr. Slade, Mr. Blades, Mr. Peliatt. &c. &c. The drawing of the plan is beautiful in the extreme. In fact, the change contemplated by the projector cannot be adequately described, except by the pencil or the reality. The proposed improvements consist in removing to a proprr distance, and rebuilding on a regular plan, all the houses round the present church-yard, and constructing two or three useful and necessary streets. The leading feature in the new design is the building of a tiemi.circus at the west-end of the edifice, divided by a handsome square, and a splendid new street at right angles with the meridian of the Cathedral, which terminates nearly in the centre of Crescent-place, Bridge-street. The semi-circus is then continued to the eastward, on both sides of the Cathedral, where, joining with St. Paul's School on the east, and to a grand opening near the south end of the new Post-office, it forms an amphitheatre of splendid shops and handsome houses, which it is proposed to name the Amphitheatre of St. Paul, near to the centre of the Amphitheatre parallel to the meridian of the Cathedral, and opposite to the transepts are two other wide and hand some streets. That on the north crosses Paternoster row, and terminates in Newgate-street ; and that on the south, a little bitlow Titanic@ street, where it is proposed to build a new market, as midway between Hungerford Market and Billingsgate. This market will be appropriated to the sale of fish, poultry, fruit. ve getables, and other similar produce, that are brought down the river from the neighbourhood of Chelsea, Battersea, Fulham, Putney, Brentford, and Isleworth. Another street will be formed opposite to the Old Bailey, by widening the passage into Water lane, and carrying it obliquely into EarLstteet. The importance of this street, leading as it will from Blackfriars-bridge to Smithfield market, is calculated upon as very great. Amongst the leading advantages of this improvement to the public, will be the widening of all the approaches and avenues to and round the cathedral, mak ing the north side passable, as well as the south side. for coaches, and facilitating the approaches to and front the new Post-office, by which means the Cathedral will be then thrown open to a proper vista. At the same time a due regard is to be paid both to profit and economy, as the new streets and amphitheatre will tern the handsomest anti beat places for business in the City. The LoaD MAYOR was inclined to think that it would be ad visable to mix up this plan with a plan for the generalaimprove ment of the City. He wits unwilling to do anything that might have a tendency to commit the Corporation, and suggested an ap plication to the Court of Gommon Council, for the purpose of peti tioning the Legislature out the subject. It was stated that Government had already given an answer to the invitation to join for the general improvement of the City, by declaring that the City must manage to pay for its own improve ments. This answer, however, did not refer to national works, of which the improvement round St. Paul's se. mcd to be considered one of the greatest that could be accomplished. Lord Liverpool had mentioned upon the occasion, that the Government would be happy to co-operate with the City in a national work. Of course sonic of the meeting directed their attention to the ex pense likely to be incurred by an undertaking of 83 stupendous a nature as this, whilst others who had witnessed the frightful jobs to which the City had been subject in almost all the new buildings undertaken at the instance of the Corporation, felt apprehensive of a continuance of such ruinous labours. it was immediately ad mitted that the alteration proposed was magnificent in the extreme, but the expenses incurred by the building of the Custom-house and the Post-office, stared the Meeting in the race. Mr. Ei.BIES combated the argument of expense, by stating that the outlay would not exceed 1,200,000/. and the destruction of property would be confined to about 200,000!. ; the purchase of good-will and fixtures would amount to about 250,000/. and the purchase of freeholds would not exceed 750,0001. By the sale of the old building-materials.34,oot 1 would be regained ; dieground rent would produce 300,0001.; and the value of the reversionary interest would be so great as to cover the other expenses, with the exception of the 200,000/. already alluded to. It apeeared that Mr. Arbuthnot had expressed his strong praise of the plan ; and it is believed that his Majesty and the Duke of York have manifested towards it approbation the most unequivocal. In the coor.e of the discussion of its merits. it was stated that the City of 1 lublin bad become one of the most beautiful cities in the world, by the annual grant of 20.0001. or 30.000/. a year frqm Par liament ; and it was regretted that Commissioners were not at'- pointed in the same manner to superintend improvemenrs in this metropolis. After considerable discussion, it was agreed that Alderman Wood, and Mr. Hick, of Cheapside, who are going to consult Lord Liverpool on the subject of the Post-office, or the Custom house, in the course of the week, should incidentally mention the subject of the improvement contemplated, with the view of ob taining the sane ion of Government. A petition is alsoto be drawn tip and prevented to the Court of Common Council, upon the sub ject. Tue Meeting was founded upon a letter from Mr. Arbuthnot, advising that the name and powerful influence of the Lord Mayor, and the great hotly of the Corporation, should be obtained to the undertaking, and expressing a hope of a successful result, under the administration of a Parliamentary Commission. Sri ss.—The Liverpool Mercury, which, during the reign of Radicalism, attributed all the riotous and seditious movements that then took place in the disturbed districts to the machinations of spies in the pay of Government, has just discovered that " spies are actively engaged in endeavouring to lead our suffering fellow-countrymen into the commission of acts which may form a pretext for the revival of the reign of terror, and for the employment of increased military forces." Aware how ridiculous it would appear if it asserted that these spies were in the service of Government, the Mercury admits that they are " nut in the employment of Ministers, but of certain officious and almost professional spymongers." That the Magistracy and their officers are watching the movements of the disaf fected, is certain ; it is their duty so to do ; but that any " offieicus" persons have employed spies for the purpose of stimulating the suffering poor to commit acts of violence, is too ridiculous to gain belief in the mind of any but a Radical. HOME CIRCUIT. JULY 2.i. CROWN SIDE. [Before Sir. Justice 1101.10TD.1 THE KING P. SIR EDWIN DAYNTON SANDYII. HART. This was an indictment on the prosecution or William Jones, Esq., Marshal of the King's Bench Pri,on, against the defendant, for escaping from the rules of that prison, within which he had been confined in execution for debt, at the suit of Charles and was already overpaid by the dtfendir.t. If Mr. Hard*Ws set One had by neghgence e•immitted any &mem., no do:bt Mr. Randall would be liable ; and If the Jury should so find, it would be for them to give such moderate compensation as the justice of the Me required. ' _ Delling cxamlned.—lle knows the plaintiff, hd had set U hint on the day in question, and he was then considerably in ligeor. Crose.examined.—He could not say what sort of liquor he had been drinking, but he had rather too much. Wi'lism Icooltych examined.—l *as on Mr. Randall's coach the day the accident happened the coachman called out as he was going over the hill, as the gig was just before the coach I but Mr. Lowe got into the middle of the street, and, by so doing, got Into contact with the fore-wheel of the coach. The coachman was steadily piing down, the waggon bring a little farther from the coach than the gig. If the gig had gone on, nothing would have happtned to it, as I fully beli; ve ; nr, if the gig had been pulled up close to the curb-stone, the coach would have cleared it without any difficulty. I know Mr. Lowe, and saw him immediately aftet the accident ; I had some tail; with him, and he did not appear to , me to be perfectly sober. Cross.examinvii.—l cannot say he drunk. There were sit or seven in the coach ; I sat behind, but I looked forward in goitic down the hill. We were going about seven miles an hour. I never saw a pair of wheels carried mere nicely off in my life. Thomas Brown. a coachmaker, was called, but di.l net appear. Wm. Wright, • journeyman in the employment of Mr. Brown. in last, remembered the gi•• in quesidn. The iron work was bad, and ' witness repaired it. When repaired, it was as good Ins it was before. It was the worse for having a little dirt on the I Air. Sergeant VAUGHAN, in reply, observed that the evidence for the detente in no way proved that the accident had occurred through the negligence of the plaintiff. Why was not the coach. man produced? Why, the fact of his not being produced was quite ' decisive that the accident happened through hls culpable negligence. He trusted tilf.Jury would so say, and give his client • fair and temperate remuneration. ' The Lon") CHIEF JUST ICE summed up the evidence, and left it to the Jury to say, first, whether the accident happened through ' the negligence of the defendant's servant or not • and, In the yes coed place, if they found it did, then to say to what compensation • the plaintiff would be entitled. Verdict for the plaintiff—Damages, Ten Pounds. henry Bird. The indictment contained several counts, to which the defendant pleaded Not Guilty. Mr. 130LLAND (with whom were Mr. GlisiNF.Y and Mr. LAW) stated the case tor the prosecution. In the month of August last, the defendant was confined within the kilts of the King's Bench, in execution tor debts to the amount of 11,0011. The indictment charged, that on several occasions he had voluntarily es-aped from his lawful imprisonment, and had so rendered himself criminally liable. This prosecution was instituted by the Marshal, Isom a sense of ab,clute necessity, aryl in order to make an example to deter other persona from infringing the rules (Attie prison. not only to his prejudice, bat to the injury or persons becoming sureties for debtors enjoying the benefit of the rules. It would be proved, that on three several occasions the defendant had been seen at large during the period in question ; once in Gloucestershire. a second time in Great Itussel.street. Covent-garden ; and, lastly, in Bell yard, Fleet-street. What defence could be animated to the in dictment it was not easy to divine. Probably it would be said that an maps front civil custody was not an indictable offence. This, however. would not avail the defendant, for in a case tried two or three years since in this county before the Lord Chief Jus tice of the King's Bench, in which that question was raised, it was decided to be an indictable offence, and on that occasion the party was convicted, and received punishment. Sonic ttir years pie viously to that, a similar decision took place, so that there could be no objection, in point of law, to the present proceeding. Mr. Ambrose Parish, clerk to the Marshal s Clerk, proved that the defendant was in execution in the King's Bench Prison from Feb. lan, to Jan. 10211, and during that tine had the privilege of the rules., The whole of the Baronet's debts for which he was in execution, amounted to &mat I 1,0001. Nathaniel Gibbons proved that in October last, he saw the de fendant at Missenden, in Gloucestershire ; he saw the defendant at his own seat, with his family. Cross.examined—Wltntss's father and el had been tenants to the defendant, who had estates in Gloucestershire ; the defendant was not skulking in concealment ' • he was surrounded by his family and friends; understood that the defendant went down to his estate at Mis e itlen, to sell some property to pay off his debts. Mr.ltichard Stevens, bookseller, of Bell-yard, proved that he saw the defendant on the 10th of September last, getting out of a hackney-coach, on Holborn.hill, and go down Field-lane; saw him several other times during last autumn, out of the Ruh', but could not fix the precise days. Mrs. Juliana Woldly, of No. 05, Great Russell-street, Blooms. bury, proved that the defendant and Lady Sandys occupied apart ments in her house for about six or eight weeks. last autumn ; during the whole of that time the defendant was confined to his bed with a severe tit of the gout, and returned to the Rules in a sedan chair; the chairman lifted hint out of his bed fur that pur pose, beivg tan ill is walk. William Aylmer, in the employment of Mmes. Stevens and Sons, 14 , 11-yavd, law-booksellers, proved, that on the 21st Sep tember las , he saw the defendant get out of a hackney-coach, and go down Essex-street, Strand ; from thence he went in the sivoie lickney-coach to the Opera Colonnade; thence to Prince's-street, Leicester-spuare; Half Moon.strdet, Piccadilly ; Waterloo-place, back to Essex -street; and finally to his house in Temple-place, witlnr, the Rules of the King's Bench prison. lI.L AND ANOTHER U. HOEN AND OTHERS. This was an action brought by the plaintiffs, who ate machine• makers, to recover from the detentlants,who are manufactured at Corby the um of 31'. for goods sold nd delivered. Mt. C • bristly stated the case. The plaintifft in this ease were machine-makers at Birmingham. and the defendants were manufacturers at Derby. In the months of November and Dr cetnber, 1824, they 'received orders from the defendants to make them 30 gross of screws, and in pursuance of this order, they were forwarded to them. For some reason or other, however they were retuned to the plaintiffs in February, 1825, and again sent hack to defendants M the July following. He believed the defendant! then refused to take them, and they were still in possession of the carrier. t'or the plaintiffs he would prove, that the screws were . made to order, and if so, the plaintiffs would be entitled to their verdict. Samuel Bar examined—l am warehouseman to the plaint if. ; in February, 1825, I remember noticing up packages containing screws and order ar ides; 1 re:koned went ot there were as rnacoy collar head screws as male 31 gross, and 15 gross square heed screws. They were returned, and some of them were toasty ; they were not properly packed ; the brother of the plaintiffs was with me when the screws came back ; I entered them in the Lomat book fur returned goods ; I was subsequently desired to return them to the carrier, for Alesart. Roden and Johnson, at Derby ; 1 received them again, that is, I mean the carrier received them. Casa-examined—The screws came back in February, but were not returned till the July following. The trade had become bad between February and July—to say a little worse. Edward Upfill exaniinedl am brother to the plaintiffs ; they had a manufactory at Birmingham. I was there in February last year, and remember the defendants' sending back two boxes of screws and a parcel. They lay by for a few days before we opened them, and in a few days after tee received a letter about them. I assisted in counting them over. When they came to liiimingham I knew nathing about them, other than by the- in voice. In June my brother came to Ili-mingham, and he desired me to sand the screws back again. I Jul so, and they were again returned; they were not prnperly packed when they were seat back to IN. Mr. Serieant VAUGHAN. for the defendant*, contended that the screws which were returned to the plaintiffs were not fit for the purpose they wore bougi t for. It w.s fond they were itn;lie. feet, ta,:.d not according to o:d r, and therefore they were reta turned. The defendants disputed no other item of the plaintlfre elmand, but this for the screws they resisted. The Jury'ahould recollect that though they were returned by the defendants in the month of February, they were not sent back by the plaintiffs till the July following, when a considerable depression took place in the market. In tact it had been agreed upon that the plaintiff's were to charge the defendants' account with 20 per cent. as to these screws, and them the matter was to end. This agreement was entered in the books of the defendants, and if he could prove that fact, the `plaintiffs could only recover the known which the defendants had been all along willing to pay. John Corlett examined—l am managing deck at Boden and Co.'s, and had been so in February, 18'25. I remember the screws ; I received some of them in October, and some in No. amber; they were returned on the 7th of February, because the heads were not uniform, end therefore unfit for our purpose. Shortly aftrr they were returned a letter was written to the plaintiff, and arzin on the 12th of' March, declining to have the screws. The ream" they were not returned between November and February was, that we did rot want to use them, and when we did require to do so, we found they would not answer. On the 31st March I saw Mr. James tfpfill at Derby, and heard it arranged that 20 per cent. should be charged on account of the screws, and there the matter was to end. There was a deprecia• tion of 10 or 1 5 per cent. on screws between February and July. The screws were not made according to order, and so Mr. Baden toll the plaintiff. Cross-examined—l cannot explain why it was that we were to pay 20 per cent, on an article which was not made according to order. At this time we had no particular use for the screws. Soon after they came, Mr. Johnson, one of the defendants, had seen them. I sent all that I received back to the plaintiff's; I think there were 31 groan. Mr. CLARKE. in reply, aged that the fact of the screws not being sent back immediately after they were inspected by Mr. Johnson, was in itself conclusive that they were made according to order. The fact however really was, that the lace trade of . the defendants had declined about that time ; and not having any use for the screws, they wished to throw them back on the hands (4 the plaintiffs. This would be acting contrary to justice, and he Y.N. sure the Jury would not sanction an act of injustice by their verdict. The LORD CHIEF JUSTICE recapitulated the evidence to the Jury, who tbund a verdict for the defendants. CRIMINAL SIDE. [Before the LORD CHIEF BARON.] iriNiont L.nnd was indicted for having stolen certain money front the person of Mrs. Oldham, of Leamington, on the Bth of April last—the sum under 40s. The prisoner pleaded guilty, and was sentenced to nine months' imprisonment and hart labour. This was the case for the tirmeeution; Mr. ADOLPIIUS and. Ur. BRODRICE eintended that there was no case made out. The indictment averred, negativity, that the defendant had voluntarily escaped without die leave and licence of the Marshal. or of his execution creditors. This aver ment had not been proved, and in the absence of such proof the presumption was, that the defendant had leave and licence; in which case the indictment must fail. even arauming in point of law ( which was denied) that an escape from civil proceed was any criminal offence. Mr. BOLLAND and Mr. LAW were heard contra; but Mr. Justice HOLROVD thought the onus of proof lay upon the defendant to show that he had gone out of the rules with the leave and licence of the Marshal, or of his creditors, even sup posing that such a licence would be any answer to the indictment; which, his Lordship thought. was at least doubtful, inasmuch as neither the Marshal or his creditors had poser to grant such a licence. Mr. ADOLPHUS then addressed the Jury in an able and power ful speech on behalf of the defendant, and urged that as his client had been influenced by no base or unworthy motive in leaving the rules, it was a case in which the Jury might very conscientiously return a verdict of not guilty. It was clear from the publicity of the defendant's conduct, that he was not like a person skulking Irons his lawful place of confinement, and endeavouring to secrete himself from the view of those who were interested in his detention. The defendant, perhaps, erroneously thought that he was violating no law on the occasions in question, inasmuch as his sole object was to arrange his affairs, and endeavour to satisfy all his creditors. It was said that this prosecution was instituted for the sake of ex ample. Such a suggestion was quite idle. The more reasonable supposition was, that it was prompted by some vindictive and per sonal motives. It was not pretended that the Marshal or the de fendant's sureties hard sustained the slightest prejudice by what Sir Edwin had dune. The fact was, that every farthing for which Mr. Jones had become liable, by minion of these escapes, had been fully paid ; and therefore it was ridiculous to suppose that there was any necessity for this proceeding. Under these circumstances he con fidently anticipated a verdict of not guilty. The Learned JUDGE summed tip the case, and told the Jury that, assuming it to be true that the defendant had broken the rules for the purpose and with the motives suggested in the defence, it would he no answer to this indictment. If the Jury believed the witnesses, it appeared to him that the case hail been made out. The Jury found the defendant Guilty. The LEARNED JUDGE then suggested that the justice of the case, and the object of ;he prosecution, would probably be attained if the judgment were respited. To this the Counsel fur the pro secution acceded. Sir E. B. Santlys declared moat solemnly, that on the occasions in question he was out of the rules solely fur the purpose of arrang ing his affairs. Mr. Jones observed, that during a very short time he had sus. tained a loss of 4,0001. or 0,0001. by escapes of prisoners from the rules. It was not denied that the defendant hail satisfied the Manihiki for all liabilities which lie had come under by reason of the breach of the rules. The defendant then entered into security. himself in 1001. and two sureties in NI. each, to come tip for judgment if he should be called upon. The Assizes ended this evening. MIDLAND CIRCUIT. Wsnwiex, JULY 24. The Judges arrived here on Saturday evening front Covent 7, where one prisoner was found guilty of stealing some silk go ds, and sentenced to transportation. in the Civil Court there was i one case of an indictment for not repairing a road. The defendant Not Guilty. This day the Lord Chief Justice ABBOTT tool: his scat in the Nisi l'rius Court, at ten o'clock. Twenty-three causes were set down for trial. EXYTER, 'MONDAY, JULY 24. ACCIDENT FROM NEGLIGENT DRIVING. CROWN COURT. SHAESPEARE V. RANDALL. John Prost, Thomas Ilona, and Peler Avery, were indicted for This was an action bra suht by the plaintiff, to recover eompen. unlawfully and rinmudy assembling, together with divers other nation in damages fur an injury done to his horse and chaise persons, on the 14th o f November last. at Wall'borough, in th si on the oth of March last, against the defendant, the proprietor of county, arid also with carrying through the streets an effigy of haz a coach running between M'olverhampton and Birmingham, in Richard Taylor, to which they afterwards set fire. consequence of the negligent and furious driving of the defendant's Mr. Sltt.wYg (with whom was Mr. BAILEY) stated that this servant. proeeettiort was brnutht futwarl, under the direction of the Com- Mr. Sergeant VAUOSIAW etatcd the case to the Jury. He said mis•toners of-Excise, who conceived it a duty they owed the milk , : this was one of those cases which so often were submitted to the to bring forward the present charge. Tire prisoners were all notice of a Jury. They MUM all be aware that coach proprietors humble persons. One a carpenter, another a barber, and the third were answerable for the misconduct of their servants, and the pre. a journeyman paper-hanger. Some time since the Commissioners sent was an instance which called for the interference of twelve of Excise thought it necessary to institute a prosecution against a honest Englishmen. on the fith of March the plaintiff was re. person named Chapman, for selling cider without a license. That turning to his home, and coming down a declivity a little before prosecution was supported by the evidence of Richard Taylor, the defendant's coach, which was pursuing the same line of road, which excited the indignation of some persons against him, and in. the plaintiff was obliged to incline towards the middle of the road I duce I than to display their feeling by bearing his e ffi gy about the in order to avoid contact with a waggon which was corning against streets of Wallbototigh, and afterwards burning it. it would be him. IVliile doing this the coachman whipped his leaders, and the proved that there were nearly 400 persons assembled on the result was.that the fore. wheel of the coach came in collision with the occasion alluded to: that they made a great noise ; and that their nearside wheel ofthe plaintiff's gig, and he and his friend, Mr. Lowe expressions of dislike and detestation towards Taylor were loud (who accompanied him), were upset, the gig broken, and the horse and frequent. The prisoners would be clearly proved to have been considerably injured. These coachmen were well known to be fond of actively engaged in this riot, and to have taken a part which pointed playing tricks with lighter vehicles, hut the lives of his M , jesty's them out as leaders of the mob. Such were the circumstances of subjects should not be thus endangered with inipunity ; and to this the case. As this was a ease of burning an effigy, the Jury might case a proper example should be set, if it were only with a view expect a flaming speech from Mr. Bird, who was for the pi isoners ; of preventing the recurrence of negligent or furious driving. but if the facts were proved, he was confident the Jury would do Mr. Lowe was called, and he fully confirmed the statement of their duty, and find the prisoners guilty. the Learned Sergeant as to the nature and extent of the accident. Robert Crunch, an excise officer, was present at the conviction of In erose.exanutiation he admitted that the coachman apologized, Chapman for selling cider without a license. Taylor was the in. and offered to have the gig repaired. The plaintiff had drunk a former ; he is a blacksmith. Witness !UM the mob tot:rolling little, but was nevertheless sober. Wallborough with the effigy of Taylor. There was a black cap, a Other witnesses were called to prove the injuries inflicted on the dirty apron, and other clothes such as Taylor used to wear, elevated horse, which hail been long in the employment of the plaintiff, and on a pole. It was a very ;pod representation of Taylor, and there also that the repairs to the gig were neither sufficient nor skilfully were lights round it, in order to show the public whom it was in. performed. tended to represent. The prisoner Rims was holding the pole. The In cross-examination it was admitted that the gig never was a prisoner Avi ty was present, and had a light. It was about eight very superior article, and that the horse was not v ery oil, but o'clock in the evening when witness first saw the mob. They con broken-winded. tinned to parade the streets, allowing and humming, for about an Mr. Dl:Nasal.% for the defendant, contended, that if the gentle. hour, when witness went out, and saw the effigy burned with all men in the gig hail taken proper precaution, th e a c c ident would not those demonstrations of satisfaction which are usually displayed on have happened. It appeared clearly that the plaintiff had taken a rejoicing days. Squibs and rockets were let off, and shwa fired. little too much after his dinner, or, in going own a hill. he would Cron-examined—Witness went to survey a chandler whilst the never have stopped directly before a stage coach,also going down the mob were in the micros, butt did not tell the chandler that there same hill. Something was said about the coachman running away were candles to the feet of the effigy, and that this represented him. after the accident, but no such thing happened. The coachman' Witness knows that there is a custom called burning the-Pope, but was known to Mr. Lowe; he apologized ter the accident, and of. the Pope had been burned a week before. fered to make the damage good. However, although such an offer Richard Taylor remembered the night his effigy was buried ;it was made, the Learned Counsel still insisted that no damage had was :bur days after he hail appeared ta give evidence against (lisp. been done, in the manner charged, by the defendant in this action, man. lie saw above two hundred persons assembled outside his nor could damages therefore follow. The gig was not a good arti. arouse. They had torches waving towards the effigv. They c.ieti cle,as he would prove; and they w ou ld look to the circumstance that out, " This is Taylor the informer's effigy." The prisoner Avery the attorney was the relation of the plaintiff; and no doubt got up was applying many opprobrious names to witness. Others of t h e 1 this affair, would admit of no compromise, and oniy bro ug h t t hi s mob said they would have witness's life, and pull his hou se d own . action for the purpose of costs. lie would prove that the gig was Point was very violent, calling out opprobrious names. sufficiently repaired—the tender of repair was made for peace—and .. Mr. Man (for the prisoners) sail he did not impugn the mo t i ves he would proceed to call in witnesses to show that all the damage 'of those who instituted the present prosecution ; but he insisted WESTERN CIRCUIT. 'I