The Sun. — London, England, 1807-11-20 00:00:00

SE HE: TLIEATILS.----: t -• k OPERA HOCS.E. DRVItY-LANE. The'Come'cly otelli in (id TProv,' which was alto- , gether r ear : well.supported . fast Bight at this Theatre, vi -fojloved by .n . new • Entertainment, entitled Ella iim - gi eg esi.• • . ' . • • . 2.;:f PARSONA. The Lle&ot . - Mr. a ..vmoNr. • r Culoti4.4' Mountfort - 7 : ' Mr. DscAste. It.o4estberg 1 -. . !Mr. Et.t.tsTori. .. Sturiw•:. r;„; *Alt. BArisusTEK.- . lutterman ' . Marits,ws. Conimanderof the G'ilard ."Mr. RAY. hlkt Rosenberg •- v Mrs. H. Si °Dow': • V' . quiStina . - . Miss RAY. Mrs:. f haterman - Airs. SrAtocs. The adtioti is suppei'Sed . t6 take place in the Prussian Dom bliniont, just-on the close OA. vietory : Rosenliefg, a young 'Officer, the husband Of Ella, rtho is the heroine of the. Pieee, by drawing his sword upOn a superior Officer ori pa ; rude, ex poSes himself to the consequences or a breach of dis cniPline, in apprehension of ' which he betakes himself to Right. and is not heard of for two years. The scene is in the' neighbourhood of a Prussia'nCatnp; in the ProvinCe of Mot- Uitz, and the ' a cli on t a k es place immediately after a great .victory obtained by the Elector of Brandenburgh.. Colonel Mountfort the superior Officer, whom Rosenberg offendti, entertains :lesigns upon the virtue of his wife, whom he dis= covers in her asylum under the , pptection of Storm, all old °nicer of I and succeeds in carrying her:oft; bring ing storm to a Court Nlzirtial, for having,, in resisting his at tempt, torn olFhis scarf i'rOrn his shoulders and trampled upon it. Storm is condemned to death ; atid,• being met by Lila on his' way to execution, he recommends her tp the:protec ton of another Officer, she haying preVionsly escaPPd froln Alountfori's agents. The Elector, having on his return from his rime} received a petition from Storm; praying rcsi notion to Ella ut some part of Itosenberg's property, which had been conti..c..ted in cc , nsequenee of his flight, determines to visit het incog4tl,) ( ) 1i Ills way to the cottage of Storth, the Elec. tortneets ItoseiluerA, was had escaped from the Castle of, anci• was insucd, anal lUtccis him to • a place of barely. Eli.: is CUIIVV) eki to the same iniuse, by, order Of the. Olticer , ylivse protection she was t.un fi deo. Mounthatt thus her there awl, Whilst he goes nor a cunveyattee to bear her 91i; commits tier to thesare or her own husband. A:rt ' affecting scene fat recognition' takes place, atter which, the Colimet returns witti•iiis attendants, but when they are in the act of carrying oft rise sut&rers; the [:lector as rives and re.: kite% the persecutes{ Ella and Ro4enbcrg, restoring them to their estate>, and disgraces the villainous Moututott., . The table of this Piece in general, and some of the incidents, are very interesting, ' though there is hardly .any thing that can be,.COnsidered as absolute ly new m it. The circumstanceuf the husband and wife ,being unkdown to each. other, in the same while they are, both in great danger, and un-- der the utmost anxiety to meet, strongly excites at- . tehlioll,, and, the interest is much increased when the husband •is appointed guard to his wife, by the person tram whom both are apkeliensive of ruin., This situittiun has indeed some pretensions to_the rrt ;lit f novelty., Mauflyiat, though hie villainy . 4 necessary to, the plot, is rather too incauti ous l y atrocioui, considering the danger'of clin.eCticm ; and he is littl e better than :a fool in cho o sing a stranger to aid his purpOse, when he had.soldiers at .corn t rtand. ..13nt the Piece-altogether, takes such strong old or the feelings,' that we are nbt inclined to I, examine it too Critically. We Obje6t to the name. The title of a Piece should' ttever be derived froni the name of one of its charac teri, unless it he a name On lAstarical record.' We mention tbiS ohje6tinp l'ipAtlS . o the practice m is.Spread jag among• our Oderil Dramatists. We - ats6 objed to the introduction of the,music during the time that ,i ) v a k s ,, "' ao 4,:,in . dumb she Ar. This motley composition, which nekbeen ablturdly:introduced under the title l!f.:411e raind; Vii.A.ftmtas . tie and ridiculous novelty "O. the English .stage. Our objedion, however, (ies fiGt apply to the music itself,-which is , creditable to • the composer.'. " • • I • aalirg was, in •general yery geo4,. :•Affirs• Ft li'l)poNs was admirable.. It is hardly possi b le that , .ierharaater Could be represented. with greatertne tit' m o re po • or mo w ~ • teat Traise Mut, ELLiSTON also L for. the. manly • • edtsplayed-in R o i en berg. firnmeis and -feeling that RAYMOND give dignity 1G the port of the "eadr'• and '151? CAMP - acquitted Itimsell very well in that, qf A/W/JR:fort: -The Piece omit' received. .bi • a .crowded audience *di vory warritipplatrise; 'and announceti , for this evening ‘vith their hearty' assent. It is the prodtx . -.7. lion . OT Mr. KENtIY; Nyllui is itte Author .of Other -• )o . pular ;Works:. . ~ ..-. . IN CI-lANCE.RY, Nov. iS.,. , . : •.., ! . .. . f ! Tiiiiwas a Motion made byMr. FoNicr.a:see.t. rai •`, _etre,' ' thetliatt- of . the Plaintiff, to remove Win..Tayler, ~, ~ entitled .t.:sq-, from the,managemeot of the Opera House., elide:- . ' for his Lordship to appoint some person to manage • • , I` l . ~. . • - ' i .- *:'e . atfai r rs of that Theatre in his. room . - It appeared - ,N r. k i '''""•. ''' ' ',., ' tom the statement of the case, that in 1803, a deed .. r,,rr.rilte. ' . TD .O . ~..^. - mr. Ei.l.tsTos. , vas framed. by-the Proprietors of this Theatre, by . •,...; . . .Air.. BANNISTEK.. • i which Mr.• Francis Gould was appointed Manager; I. MATI-ILWS. .. , - 12 A:y. .' anti.lf he should leave the Country; or in case of his - , - - ' death,: then. the management was to devolve on Mr. • .. Taylor. Mr. Gould died in. January last,'and• Mr. . t> talcc Taylor accorditigly succeeded to the management. ktfa•viil Mr. Waters, the Plaintiff, is Executor of Mr. Goold, 311 a, r‘.l through whom he possesses an absolute interest in )rd upon 7-16ths, of • the property 'of the Theatre, for which e conseq )1 whicl 17,0001. had been paid. , He had also a. mortgage ir two y; , upon Mr. Taylor's interest. in the Theatre to the ri, earn;' ' place in amount.of b7OOl. and Ale Plaintiff' therefore having lettor of I ~ ,,so much: property at stake, petitioned fora removal ticcr, wil of Mr. Taylor; on the ground of mismanagement.' virtue of, tile prot , This igption was supported' at great length by , Nettls in , !Mr. Fdrinr.aismuft, Mr, HART; and Mr. JOHNSON. 11, for hail ,It , Was - 61)served, t hat,the concerns 'of• the Theatre , nis Show, death ; al - were .of great magnitude and importance, and, re- - recorninel quire.' the vigilant superintendence of the Manager. haying pr‘ ; ,Accordinglyithe late :Mr. Goold.Was indthtikable in lector, 114 v, ifrom Stor; • his personal attention to the a ff airs of the Opera • iberg's prop House. But. since • .the Defendant, Taylor; had his flight, ' siaceeetlyd to. the management, the Plaintiff* and j: the cottage id escaped Mr, Kelly had declared in ,their dekositions, that . ant direds they ltad not seen the Defendant more than three . he sure: bat ,• times at the Theatre the whole of last season, Sun she wits 1.01 . „ , he goes tor a days.eicepted. - . ire of her o ' - - Here the LORD CHANCELLOR observed, that at takes place, • 1 • tendance at the Opefa • House, on Sundays was eel , - Wants, but w . . . the Elea° : tainly net very regularor decorous. Rosenberg, Mr. TaYlOr, the Defendant, in his answer, ad- villainous M nutted the fad of his being absent when his pre- ~. in general sence might haye, been useful ; be contended,, how 7, teresting, t.I - ever,' *that daily. personal attendance was nut at all.ne be eonsidere cessary, - ;and , that a general superintendence wa s ;Lance of the : alone requisite, the duty of 'personal attention being each. other, 'odevolveci on a Deputy Manager. Accordingly, he in great dan • hadappoitited Mr. D'Egville his Deputy M.'inager,. neet, strongly notwithstandin g ,ti the remonstrances of, Mr. Waters. , m • is touch tact objected' -who that that person was already Bai- , ;uard to his 1 let-Master of Drury-lane Theatre. The Learned.. re apprehensi some precept Counsel : observed', that this person could not he iji two places' at one time . ;' lie also might appoint his fort, though , . peputy, who again might have. some duty to per-. is . rather too it form at Sadler 3 Well's or any .other place of that anger ,of clote,4 fleSciipiion,iiid thus there might be a gradation of., al in choosing Deptutes withoUt any effedive service.—Nlr. Taylor e hasoldiers liad also said, in excess for his absence, that in one ;ether,, takes su ' f the rooms of the Theatre there had been a fracas we are fibs • th i ' f atween him and Mr. Waters, who on that occasion • . Vita-brandished a stick overtis' head, and - threatened helitle ofa Pic lenei.with,perional violence ; 46-hati , theretbre avoid-. Me of one of its ed being iirany place. where-he waslikely to.rnuet historical recort that 'Gtoitlernan. . Mr. Jewe.ll;' the late Treasurer,' ' e the practice is hadalso4f r old him, the Defendant, that :Mr. Waters latists. We Also Meaut•to arrest him f0r.10,0001.- to which sum the sic during the tin fnurtgage claims had mounted up. ..These. were the motley compo . reasons which he 'assigned for so •seldom giving leis iduced under th personal Attendance at the Theatre, ~But the Learned and ridiculous re Counsel for the Plaintiff contended, -that the deed jei. 4 ,3ion, however, by which the Defendant succeeded to the Mamge w hich is cre ; difab tnent was a personal cllVell itlt,,ana therefore wenn.- .: ••• ,•'• . • , .1,1.- v ed his personal zittenthinco. What, did tl#: Manager . yery good.' igik, engagei,t,(3,4? ? He bound himself to deyote his titan; i. hardly posiiibiti 1- old personal attention to _ the concerns of thq, fled with greater) - Theatre, :and 'exert the best of, his skill in the, per - ',LcisiuN alsO 4.40, formance of his office : but ltowceuld this be done Mess and - feeling , t , by It loan Who had ;ferns seen only thrice . pt the itYmoND gave Jign Theatre, froru *January to Eily, (haring the,vilicilo . ,c)( I '`Dp. CAMI ; icquitt ......rfthe last Seasbn ? 11' his presence ihrice at the 'rheatre iii;rtfort. t. wa6ntlicivut ,to periorm the duties of his office, it a :crowded aodient must be 4.,very tuyster;otts liiiiti of, Otliee ind s sd.--- d announced , for th, ryi,, e,ac l; ',O '9l ..\.llliyt3er j wii, (Joe .of a gt!3,at trust trod t. It is the prod . Yo 1 c.iiiti:l4:ll'i. ;. Koi,eriy. to .1 very ; considefable amputit he Author of ottle '.lepepti::d 6:;,11A pi uper conclitettng of the affairs of . . . ' - 'the Tnearre ; ,:tad Mi.surely Waters, ,who was a • ~ „: . , t r" ---- . ,r__ ; ~,. - , proprietor to the -..lllloUnt ot ,'"i - I (314 of the whole, \-Ve.r.at.e happy to ond that . tile iioo viighianders, ' • lii 1) ,5i, , ,, a mortgage to the amount of e, a 4 V.',ILI 1.1 t.. ~ • . 1 2 11 of the g . a.a. Regiment, who were mentioned,- a •-• geneial concern, to which he had 1 7.,ky days ago, to have got on shore on the Island of .' only an.-eqUitable tiglit, was d.., Illy interested that 16,0001: Oti' the ; 1 14 .6.ti, front the wreck of . the 'c onus, of 84 guns, this property, should net be dissipated ? and that the ti ''' t wad losc.bff.that Plai.:6 .h 0.4 all 1 4 .41 Y 'arr i veclin affairs et the 'nit:etre should be properly attended to. Iffeient ports of :England within the last two days. iii Patticillii) toncerus, where the partnership The Lord N e l son P ac k et, C a pt . S TE WAtt_D, is ar riyed at Harwi c h, h av i ng m a de a ,most remarkable Could not be dis . solved at 6th'e,.and w here the busi- 4 2 ., neS5. must he carried on fora time,,as it were, by its quick passage. Shuleft Gottenbtirgh on Saturday.' lai'' it north • * own itizi,ctu's, it erns disPute arose among flee parties, ‘, ' • ,with a tn , III and passengers., On . the'' nutiiing 'Wits more ninal; tliiin fir this Court to inter- • same: morning a . large,Fleet o f T ransports sailed front f 6 r e t ` illd ' a PP 6iiit a .irsceivcr ; a ndundoubtedly some i lie same port, and as the wind has been fair. ever 566. measure was iieeessary- in •the present!' case, Since, their at rii , al may he hourly eip6a e d. • 'Wliere the Plaintiff had so' lueel i reason to be d...i 3atis s :,. . - Mu, Captain.of a Veisel which arrived yest Aer-4 ••'4,,, . tied with the conduct of Mr. Paylor. The non-at from Memel, states the king of PausstA, who still iindaece of that Gentlettem was,perfee...tly sufficient remains in that town, is rapidly recruiting his army, - to) excite in Mr, Waters suspicions of mistnanagv- . 'With Whom his Majesty is extremely popular, whieh justified him iii praYing for the inter! Tiern, :, ' ,• , • • The .Freya Frigata, which. - brought - over Lb bil XV - • 111, is arrived at Chatham, to be repaired; hiving ,ference of the Court. Neil ht 'Was it stithempt for been On shore. pet ) in., • th'eDefundant to alledge the dread of - i 11 vio- lence andl Of arrest as reasons for his absenze ; these„ The &opal Sloop of War. has re-captured, and .1' .1 f•bld 1 ' • I ;• Sy, ill. 1 t isa 5 . ;flit; torn 1 1 ,t1tried into Dover, a Brig Trans opt marked I. K. ' Were adua' lly circUnistance perfOrtning his duty, .and reduced him to ristate of, by With Military clothing; ‘Tt.le Brig was taken: inactivity; itatl therefore rendered hitn,an unfit per °l' three French Printed's, off Dover,' on Sunda s on for ito liin ~ - t ii . ' a t i t i es bi- an ot thi e, w hi c h , i n ,hevietiink last, and was retaken . on the . same evening. .. :.: . . 17 . . - such circumstances, lie should have been glad to re.,, , t ' L lie 'friorikey Gun-brig and Seagull gave - ch,tee to s i fil, l'here we! . other reasons for dismissing Mr: ,ue Privateers, but the • Enemy's . Cruizers hieing to `.1...ty10r froth the Office' of Nl'mage.r.,:' He had dis leeftrd were enabled to affea their,escape. • , . charged . Mr. Jewell froth the office of Treasurer, BY the late Militia Ac% 'Officers on the half pay , m dl%i . .lcdi • f:—' . o f D M: +ger ith -._ y. tom that eputy . an. ,w, t) s. fl , ' i s Majesty l g.Porce4, litit servieg iu the Militia or !opt ;t he consent of Mr. -Waters,: whom, o,,,E)tecutor .vridonteert, are Viable to ballot , unless .they l i av t . 'i.)l .Nr..li - . Geoid, uncrer the deed of 1803, by wlneh Ite 1 ade a tender of their services to the Lord Liente.'. I, stictit:ecled•to the inaWl , 7 lie ''' • b 11 41 : • eilieer i , v. is Quad to cen t t tOr Vice Lieutenant of the Counfy in which .1 stilt; aid, ; obtain his cens,ent. l'n the rbypl of ICY resid e , e i t h er to serv e as art.Ofticer in the Mili- Mr.' - Kelly; he had also illought tit . to appoint, "a,..0r Volunteers, it not _incapable of service. ''- D.`Egville, his depUty, with a sal'ary of I ) 2001. a ytar, r• sa, o, we undelitand, continues in the Office, while that person liici ou t er duties to perform at Judge ti In Adv oca t e; t ill he can get through the; Courts . Di ury . l , ?? ,, Theziti.e, which were incompatible ooh l artial 'n ow b e f ore hi tn . He. will. then resign ) . on- the situation of Deputy Manager. ~ Hallett likewise Zcount of ill health', and go to Bath tbr some time. thought "proper to engage "Madaniegatalani, at the ' 4O Is much affliaed With the head-ache. Dr. LATHAM rate of 5,0001. for the ensuing season, without the atte n d s him. . I . concurrence of Mr. Waters. ' T he merits of a singer A dentist at Paris has mane an immense fortune : or.a ballet Mister, or their pecuniary value, were not Nvit Lin the last .• . .. lat e two years. He had agents, in the things which• this Court was perhaps well qualified battl N% 417'1 tO.eXttadt the best teeth in the field of - to estimate, but it was observable, that this salary 2u ,?,. By the battle of Jena, alone,. he netted was nearly double what she had formerly ha&l, anti ri• Ster li ncir OUp 1 b. • 0 . , i the Oadluti, who had a right to be consulted, bad lt,l,P.era.entary Lottery, loth November , N9,4•priitostet. a,; ; Y,ainstat as 1 ' ' ' extravagant, and it would pro 4i,d'ic ( 1 ) 1 F riZ e of . 10 ; 001. edits sold by, ,I - ToaNalol , l .Mfbly . &i)pc,it in the same light to this Court. On all I=iglithi • in the...following shares : one Quarter, two•Atig, si ., grouedsof negled ant. mismanagement, the Ye t, . , and eight Sixteenths; Also ,No. le. 973. , Es,,, ~t iiii,3l.:otite Defendant from the office of Manager ' nze of 1 0001 on t • .. VC). Cornhill ' he Seventh Day of. Dral,vingrr,; • J i i , , , g i . sir - ,J y - i e ld: --- . - !• • Riii J 6 2, C.tarina-cress, and St. Margaret's 1 ,?; I. Waif:Films in reply observed to the Court, that , Borough. 1 ; 1.. :Is sd much time' had , been.teettpietl bry: Alielaurpod. Gentlemen, on the-othei,side in - supportof:the; Bill, he should not trespass on his Lordship's-Conclescen- • sion,,by going , ac atirrunneceitsiiry length lett) .the'• • subject ; but . as it was a. tinestion 'Of great importance, • he was apprehensive he inuSt a. little longer ou it'tban he otherwise would,liad itpot' heath' for the laboured , display made by the.Cottulel:for : the Plaiiitiff. In rhe i course 'of the arguments4address , ed to his Lordship, four points had becm particular-• i ' ly dwelt on as the gravamina of comPlaint;', ti ; First, that MadameCatalani.had been.eligaged - at too immoderate a price. ;Secondly, that the• De fendant, Mr. Taylor,. had not payed the regular at- • ien,dance which he should have' done at the Opera House, in discharge of his trust as Manager., Third ly,. that he. should not appoint a deputy; without the assent of his co-partner ; and lastly, that the Plaintiff, Mr. Waters, as Executor to Mr. Gobld, who was a mortgagee, wa4entitled to call on the Court - for the appointment of a third person to ael.as receiver for the parties.. Before he entered into any argument to shew that the ground taken by his adversaries was . , untenable,. he thought it right first' to inforni his Lordship, that with respe.t to Madame Catalani, no question could come before the Court which 'could injure his client, the fact-being, • that 'the propriety or prudence of engaging.that celebrated singer at 50001: for the season had, been referred-to arbitrators; and: surely the merit e d compliments which his'', Learned Friend, Mr. HART, had paid to her; would ' seem, at. least, as if he acknowledged the justness of, the application of such sum. • Mr. 'HART replied; that he did not say the Lady had merited that sum, for he acknowledged' be was not as-good a judge of music or singing as- -some Gentlemen near him. He • -understood that Mr: D'Egville had been appointed arbitrator, to decide' , whether ormot Madame Catalani ought to be paid the enormous sum of ,50001, for the season,. and he would not be at all surprised to hear, from the situ lion of affairs at the Opera, if 'Madame Catalani, ,a should be appointed umpire to determine- with re • sped to the salary which should be allowed' to Mr. One good turn, according to the com 7 man: adage; deserved another. Sir SAMUEL 'llotatt.ta• assured his Lordship, that his Learned Friend misstated the case, he did not sup pose voluntarily, but according to instruction, the' fad being, that his Client, - Mr.' Taylor, had offered a reference, and on :his • part- proposed Mr. D'Eg... but Mr:Waters, when the-business. came to aclose, shrunk from such an amicable settlement. It was true, as' observed by his Learned Friend,•that south Gentlemen near him were partial to music, ', and he should be surprised indeed ~ i f • the. contrary were the - case ;. 'for .• °. 4. Music ti.ith charm.: to soot}' the savages Hart," &e.„ if he *as a!lowi virody.—(At this ohservation ;the Learned Gentleman, Mr. I , :00 1 '; gtiite joined in the hi.; Mr. , I.llCti At, Ct. C 1 tO that lt did not appe:l,- al.l.iiced by the other sik!e, tni,;e4do,:tedliiiuselt in his otfiue any ro,i;On*ii; the ',.:(iniPtitint of non-:titondanee. The,cliarge ,of a , very l '"'"u"time, setting for% th,:e. :\ Ir. - I'ylor had not paid regular attention in point . of (tics b uci ne"° l lb. Op'Fr;.t. _TO this'he sitouldansWer, that the 'receipt.; of Old .9c1, - 04 , took upon himself the' niattageo . l:tint or ;bpi: suite' on the -death of Air. Goold, were the most it being an . .i!tcontrovertible fay; that the Profits VVe re geeater sinee"tlie inatiagernent of :',Sr. Taylor than oil any timber occasion. lie wai ;Ktoni,lky, how: ever, to . lie:it it adi;iticetl. as ,11 rge agal:ist Client, that he did not, attend regularly.' Wit:it (ht.! the adv ersi i p . arty by exbibitiug such a . COlll- plaint ? Did' they4klnd tosay tie should heat the OPera-119',Ise day aucl night in :an to Cin`i= tend t htit he 'Vieile'seen any w'hereelse, jt, was . to _considered a brwich dot . ) , ? Yes ! :sniposed theV \V or:6 deter niined lc; push , the charge, to 'that -- 1714 t vvn:it'cOuld they jfay . *het) ills Client tn7inaged the; subordinate and interior arriingeinents bv deputy ? He was aware 'of the third cOrnplaint Nv hied; would be brought against the Defendant on this point ; he for his part, Wa4lad that such a charge had been made; beeanSeit - enabled him, from the cOnfession °tithe Plaintitnbimaelf,f to'repel the attack with irresistible effekt, Betiare,.bowever,. be came to. the third complaint, Ivithireipetslo.o l 9de'!... duty, he wished to , mrnitld,tht Court; tint Mr. T. had been appuinte4 mon4ges,,!iptepi years, ago by.. the Trustees of the. Theatre,„ and v.:hieh situation he, with the greateat Credit ever since, exception „iiim Vy of thee bielvehgt:, Goold accnniedit, ~Tho.apppinttnent of.hijAlentl in the first insca4q?,;;ltew.voJ ,TrmAtovs,coo- sidered pinta persbn.fially•,qatilifiedto,dq,.ailstjee tea , thru,:tind . at .the same time to please the li ptihike his taste, judgment, and Elitentien. ,I-lore ed ,Geetlernan entvrec i ljotq tl.teletail of the,ppcuMary, : acrapgement tietweenAqs, Taylor i atul ,by which the. latter .beeari4 Mortgagee, 404. Mona 7 . VI. As .this would. beslfy ; and uniote;;Sting to, our . I.teaders,.,we omit. ; it, ebserving,., A 1114,, the { result was, that, in conspeunUee of it, the Plain 141), , Mr. -Waters.,. exi)ibit#.o tllp Prigu4..Bil), aS gectltor, , to;. ;Mr. Gould. 111 i 1v4% the, c a se, D5,.0411 t otift agreater, right thaiok,e, Testator . Shall lie have relief to ,ciA3ncery, xyltigh, the ,Testator himself could riot . expel or demand ?, Tina tqls wprepositiO4}.too- absurd to,,be ref 440 .it ItON.only,be niowiprkecl, to entitle it,.lt4 l toffittew., tioo,,hut to contenAp i t anct,rtainioo,, Tpgaimpl 4 l,oo;,,. hmveyer, of notx-tot,tendatkce.,- flpptlatjpg i mest qentlemeh 0n,,114 , side; he begged leave to ask. witat 'evidenee / ipeld . they, or had• they produced, that his Client had tit , j lected duky t they find any proof of it pit the, general at'i t itligentents lii for opfliffg at the commencetW4lll.' of the ' seas o n ?:'FIA they foinid ttia, frciiil tildtish motives, Ife 'had - failed iii making any engagethehe Which woiild i tend to the celebrity of the Theatre, or bringing - an hi '. creaie of company thing could 'be al !edged against hint. the Plaintiff had ex.; ' erciseit all his ingenuity to found a complaint, yet ' lie was' coinpelled to abandon every subst f intial, :intt even colourable chatge, which could direally - ,` or by implizition, involve his Client. Having been thus. driven trom 'every thing - like jest or equitable C9lli . plaint, the Plaintiff then "obliged 16- haver t c , Ufse tiYacaptious; superficial, and,general chaffik naincly, 7 that the 'D Pendant had nOt attended in perso.l wore than thit'c tittrg, excepting ou a Sm.. Iday" - .. TIMM - "R . tiplial - iirrifierly bberited - ,---1 ha•t'' those meetings 5h41.01.01 - 4t,',1iik,,4 . place On a Stin r 4 ay ; but he could assuawa—liis Lordship that; nOt 7 ' ithstandhag .',Ntlie!llngentiity With,.... 'which ' ) the vatement was . tnade . ,, he could -prove that Iti.3 Client. had tiever: attended more than once on -a uuday, : rcsreOing the bnis,iness of the tiouse.--. t inight be true that Mr. Taylor had l oot attelided..es • rogularly.as Mr. Gould, but it did:not. fel!ow that, thete - was, equal' necessity. Suelt might he the ar- . rapgement of one man, that he need not be as par— ticular.,as others, whosu.system, perhaps was not equally . good. On the other side it, was said, that hil.Client., ,was unable to attend, ,in consequence. of pe,etmiary, embJTztsstneuts. - The Defendant, however, in his answer, stated , the contrary ;rand surely' it must be acknowledged, that . he ought . to be, the,,bestjudge of his own, situation. it ; was: true, the Defendant had,. like , .0 man' of honotir, atinaiti that he bad notattended . at the Opera very often. The reason was . sufficient, namely, that the presence pt the „chief. Manager„exposeil him to many i applications and ~,importunities on the hart of {he , Performer, , which it would . bee his interest to resist, ~ at .the same tilde that he might by a. refusal pro- ~ duce a disgust itijurious.to the establishmeot. l'llia ~ was a strung argument:in favour of the policy which his . Client deemed it. his duty , to .pursue, both with ~, respe4 to his own feelings, and, to, the general in-, detest of the Opera. The Learned, .Gentleman . dwelt on this point at.sotne length, and then advert, .. &I to the objedion with respeet. to the einplOyment Of a Deputy .Manager. Mi.. Waters thought the appyinuneot of such a person was a departure from the :conditions of the:deed executed 1.,,-,tween Mr. Taylor and Gooldt; he even went farther, and ivi serted, that such a person should not he appoiote. t at all., The Plaintiff, ; however, lifieTtnost men v.:141 Sought their own interest-,excluAvely, conveyed in this charge on his Client an equally severe Terri-. tnayd on the memory, of the Testator, frr he too had his Deputy ,NLatiager, thppgh he was himself in the habitot paying regular, if nut, as li;, - !widei stood, siomet49 . e.s very officious !ittLudAucc. Now:the dif- , ference between. the Testator and Defeoda4,i n thi s respect was, that the latter employed a Deputy ~at a . cheaper rate considerably titan his predecessor. This nittch as ' to the ta d . 'But - br4 mild .be Plain.' of claim auy.thing , to which the:Testator w 3 4 .001 en titled ? or how could he come into L Court of ; Equity and , sthte that a 'Deputy was nut -wanted, when theTesiator, from' whom be' derived his rower ~ of claim, had, during his , management, constant, ly deputed a Deputy to assist and --managefor lion 1 --flis -Lordship eould. not -thrget itie comwos. it another Theatre, (Drury-larie), iti,..whielt a Deputy • had been always employed, and that ie at a com-, ; paratively enormous rate. • The:ltiarnwl i'i,l ii ‘ln .: min t . l:{t . denied the last complaint,lalla eQuiri, , I ~j ; II e. a tioously, that ah equitable niort;agee, whose it “:01 '• tide..bcing out:Standing, , had not a claim on ilia ground ohly to.call on his Lordship 'ter appoint a : . .id pet4iai Receiver for the ptirpose:of:securing, his in terett.l.Every thing which watradvtancettin:t he 'shape Of complaint, his Lordship. wad& . tee',ltaditte: ieealify. liking , ni adese ve !al observatietwand Collllllolltii on other 'niche' minutepohnsadvaheed elniiihttiv . cticint, the Learned Gentleman cortcluded;lX/411' thanking the Court for the inchdgenCe he had xeceived;•:nutt ti.ust- ing that the justice of his causewOuld make Iti click coMpletely successful. .1 , .. , . ... ' Sir Sa'smusT,Rost ILLY . , On the saute skle:ithen rose t 0.., ,, - address 'the Court, but the i.ioaf,) .CIAA N CR.LLOW 100 k. 4 t ect at his Wiltelliandobserved . ,..that trim Fhe latenesii . , , of the hour '(hall past three i aicliel4) l 4l 4 ' , ltholigitvii r hetet. to postpone the further -braring , !till to-weir's.:' row. • I)(Atptiiwd acCordingly. ~ , • , , • • . . ti r ', , . .. ... • , . • ..Trtuv.,Couir. , ,oe.---It may be relpernbered, tbat t hr.- Nons'e of Mrs. pepsii,..mereer„ in Thomas-street,, . .iiiistiti, was con,,inne.iil bytire, whilst 'the tardily was.. at worship on Sunday . .evening. The flames had, . Made soul mroad in the interior before the Ann), . wns tigiiicic9q given, that a servant-m.6d, the orOy. , retfrkrit in,thc.house, ,was awakened to a sense of leer dapgef,:ip-,alk appeaxanee but too late; .the poor girl, ;in 141, t•he. hbrrorsiok despair, stood -at the, garret window envelepectinflaules. .Under these'circum- .' .stanqrs, Pearce, the Game chieken, was seta 4 1 ht"... opof the adjoining liotzse, making ,his way to th 4 rarapet 7 wall, under whieh the poor ,girl was ; then, , ,to the surprize of all who beheld, ancl . ,pt the ex- treme hazard of-bis,ow4 life, he liting Over die 1 ,, 1-rapet, rapet, clasp'd her, wrists,in lii hands;• drew,,her op to ,the place where . lie: was, and t to e xt r i cate d ,h er frorn.a situationjoo,dreadful alivio4 to conceive. t' .\%'43 are informed that Greg.se4,! the, Lancashire pn*ilist; • who lately fought the severe battle wilt ,Gallo),-has given another challenge to :his' antagonis ,t' to:fight :him • again. within six • mentllw-for.V3oc.• which had been accepted by Gulley ;• and it is ex yeeled •the battle wtll take plaCemear Newmarket, at. 1 he! CraVeti-Meeting,---The !vdds are said .to be in favour of•Gregson. : f- BMITIII' 1 ELD MARkET,`NpirY2ti.: This; d-iy . ''., market had hut 'a short sUpplk oftlif.y (crew kinds 'of Cattle i MuttoUand Pork rtre Cheaper' than our. last report ,• Veal:lk dearer ; Beef supports' 1. list price ' and the tnide lor''the paos't ptt %.‘,.ts t);.it' ` • ttfiditferent.—Tq'sale:s in'the Havinarket were sOttie;'. , what dpll ; Hay ohtained a better prii..' , than Mon. , da'rs niarket . ; 'Straw and.tlover sold at lAt priees.---'.' siahjoin a correti. stAetnent of the prices and kith' '1)0: i'' ' '. , ; , '-•—• i.- - ' , : ) . '' 'c — Tp s'oll. tb . e 0114) ivr stotie tit - SI b, 1.3ef451'0d. ilk 4i. 6(1..-Muttan• 45:',4; 'to ..,3i,.' 4.:1,--Vei t a 61. pd.: yt9 7s, od . —Lamb OS. Olt. It! ot; 'al. -Poik 55..9ti. tO os:Ixt: , I.loastils6o.--,Sheep 4760 t —Calvs, tits,- Pig s 270. SNIIT il i'l ECi), HAY •MA ti KtT. 114) , 51. 'os. t . ,f . . to 61. ils. l- -tto'ver'st: i' . .'oct. to G 1: tG.i'., 1 641.--itraW : ll. ss, oct. to it. os4 1 00: . •,, , Comanl4.tena4e,• Nov. 20.4.- Contrary winds • preventlresh arrivals - of Grain in generat, , which il•• in short supplies; stimpies.of tine Wheat are rather [ 1 dear i er; , Barley likewise; ; Malt. full .a . !.1 high.; Pe so and Beans of both sorts are •itAittle variation ; this i supply of Oats is very short ; and this trade is at for. ther advance in price ; the terms - of Flour continuo i' withoutalteration. • ' ,- • ; , , I. ‘Vireat , t s2s c VOA 65s od Tick ditto (dO.) pl a cys at) AOC ditto ~ 68a i 7ft 04, 0.41 , - '2ss acs a 3s, oil 1 )ic - I , ‘.' oh a 4SS od POtalld Otttc) 36s a3`s c 4 Dailey y , . 42. a 48g od 1 Potatui - - a 39 , 04 !shlitit ; •• . tOtt a ?SS od I Rape Seeti . 131,3 11 D s - Waite Peaje 3,10$ a XSOS oil tine Flour - jot: a is ell Grey ditto • 6is a 7thi ott Seconds . . 4is 4SA ail L 'ol4 6 . Et d e4us s 4 0 AZ 0