The Sun. — London, England, 1801-09-15 00:00:00

THE THEATRE: Covetst.a,rdeit. THE season was to have opened at this Theatre last night with the Tragedy of King Richard the Third, 'but as Coma had not arrived in town, the Play of Lover's Vows was the substitute. Previous to the opening of the doors; bills were posted about the Town, intimating that some accident, as it was apprehended, had prevented Mr. COOKE'S arrival." This notification, however, teas only known to a part of the Audience, and therefore a great clamour arose, when an unex- Vekted Drama commenced. MURRAY attempted an apology in vain, as many persons were extreme ly violent in expressing their disapprobation.— rs also came forward, and endeavoured to 'palm. the tumult. They were desired to declare, tipon their honour, whether COOKE was in TOWn. The Audience were solemnly assured that no delu. sion was attempted, and, that Mr. Coox.E had really not arrived. As strong symptoms_of discon tent still prevailed, Lxwis again attempted.to allay the storm, by informing the Audience, that .any per sons who disliked the- change in the performance might receive their money at the . ddor. This of fer, which might be expeOed to'give satisfaCtion, seemed at first to be considered as an indignity, but at length it had its due weight With other considerations. The Play of Lover's Vows was then perfnitted to proceed, and was very well . , re c eived. ii The Per formers in• general have beo so - often, noticed in their respediye characters, that _,nothing incfrk need be said on their several merits.. Thd after-piece was Selina and Azor. The House was ntmierously attended, and the principal Performers in_'"the Play and in the . After piece were received with a'flatter ing tribute-of public attention, as they respectively appeared. PRINCE HoARE, and Coss, are both friends of STORACE, and both are writing pieces for Covent Garden Theatre. They will of course prepare cha xa6ters well suited to her talents. She brings her favourite music from the Continent. BRAHAM and STORACE, it is said, are to receive, each, a thousand pounds and a benefit, for their Performance at Covent-Garden Theatre this Season. It is said that Mrs. BLAND is not re-engaged at Drury -Lane Theatre. Hence we may infer, that her health cannot be perfedly restored, otherwise it is i .not possible that so charming a "Singer would be unemployed, particularly as ring-song seems like ly to be the order qf the da.y: • Mrs. STEPHEN KEMIiL.E has excited great ad miration nt _Scarborough; 1 by her pertOrmances of 'Mrs. Haller in The &range) , ; a charader very well t gettlated to give scope to those pathetic qualities fO'r Which her acting ia Miss MELLow, like:rnany•others - of the London Theatres,, has, dicing the summer,' been pertbrining in several parts of the country:. '" 'She 'has been . very successful at Plymouth, Worcester, Hereford, South &c.?nd has returned, " laden with wealth and honours, to "...reit4 her former station' in Drury-lane Theatre. It will be ;r• he does not follow the tray} of Miss FAttkEN, and pec. , me a distinguished fayourite with the publi"t in Spirited and elegant Comedy. A new Tragedy of ScHILLER'S is announced as • 30 C t o to make its appearance; and though the situa tion of affairs of the Continent is such as . to-be un favourable to the Bellei Lettres, the sensation it occasions in Germany is very considerable, and fac tions are already formed in support and opposition to the embrio Drama. • Mr. JEEFERYS, of Cockspur-streer, who has carried on the business of a . jeweller. and Guhistnith for more than forty years; ,has within these few Weeks retired• from Trade to an Estate in Glou- cestershire, with an ample fortune,' and rich in the tsttern of all to whom he has been known, equally for his upright and liberal condud in business as fellhe adive benevolence Of his private life. , At Harlow Bush Fair, in Essex, on Wednesday and Thursday last, there was a large show of cattle of various kinds, which sold freely at very high horses and cart colts, the prime of which were soon t a 'en off : some of the latter fetched 401. a - piece. At the H a rl ow Bush Fair, on Wednesday, a ,On cY, twelve hands high, was engaged for a wager to run an hundred miles in twelve hours. The little., anim a l went 6 o m il es i n s i x hours, but at the ° °t ll mile it broke its heart, and fell down dead. The importation of wheat • during the last week continued small, and there was a - very limited, sup ply of American flour, rice, or oats.--The prices of fine English wheat advanced nearly 55. per guar:. ter.—Foreign wheats with the exceptio n o f Dant tie, were several shillings cheaper.—Barley and oats are each about dearer.--FO;eign rye 55. less than last week. Whcat and Oats arrived and entered =yesterday at th e Ailansion.House :—Wheat 8079- quarters--- Oats 4629 quarters. The provincial markets have been subje6l to con. -erable ii , letuation. At Canterbury flour has fallen per sack, and the quartern loaf in con. tquence been reduced from IL3cl. to i b ath the assize is a farthing che a p e r t h an last week, The averaged price of flourhaving-fallen is. Bd. per Igek: some bakers, however, on Friday sold.excel ,lent standard wheaten bread at 9d. perqbartern loaf. At Doncaster wheat has fallen s. per coonib ; t he fine new now selling at 32 to 335. and foreign . Whea t so low as 2r to 225. per comb of four bush 'el3; and rye 17 to 20S. At Shrewsbury the averaged price of wheat 'has ;alien from 1 4 s. laid. to 135-14. per bushel of 33 N iu.arts. . t At Li nco l n , N ew b ur y, W orcester , Gl ouce s ter , ... h 'titingham; 11:3by, 'Chesterfield, and Ashburn .ham, wheat is c h ea p er ; Cambridge, RoySton, 'Norwich, Stamford, Northampton, Chesteri New_ ' ar ks and Lynn, it has risen two, three, and at the last place Bs. per quarter. s , most of the Manufanuring Towns in Lanca. nire Potatoe s sell at from ;s.. to ;s. 6d. per load of 4o pounds, ion t h, n the In i ted those which nit ted bc r, and .epub. Chiefs rots of Id six npany illery, if In d two orated erans, ►mong Com -11 en rench Avig : Nice •ed of ed to pen_- Lie to revers give the n;iter Public reigns vents, -COll ;olveci ~ts e na- Sanic state, to place a ccr- 211 Oa ase to it for wn on lariort : here, theit everaL froal Hi s very lesty'4! ich in, HI v OYI TlNgt sooner He e of X Royal t SCA, then , _mast/ Arch' lificcrA cH D day s• Sntir• on the fror li NcHgli ich Lie e place cularlf ivariail Coma' ;s been sterday by se. stercl3Y on th e IGOle a /O r Coo, or , rat P ir s W ere of the s W ere ItillBs -- • . tar ;le scc. ar e h a t th e v isit An o a re• s, w oo ers, ;:terifi:e irnc,_cf Ilic 10' I CLERKENIVELL SOSIONSi tm. 14. THIS day the Sessions for the County of Middle sex commenced at Hicks's Hall, when several pei sons were tried for petty assaults. Elizabeth Hodson, who• kept a school in the neighbourhood of Goswell-street, was indkied for violently assaulting Sophia Child, a little girl, seven years of age, and making her arm black and blue, &c. It appeared in evidence, that the Defendant had struck this child with a bamboo cane, by way of correCtion because she had not, done — her work ; that she was in a passion,when she:did ; so, but that the child suffered no such injury in consequence of this punishment as was stated in thelndiettnent. The CHAIRIVLAN said, that Ttitors and Go vernesses were to be considered in the relation of Parents, and therefore had a right to exercise mode rate correction towards children under their care. The Defendant might have struck the child with too much heat and passion, and therefore did not aft with propriety ; but what she had done was not a crime, and should not have been brought before that Court., 'The Defendant was then acquitted. Samuel Stephens, a Gentleman residing in Wig more -street, Cavendish-square, was indicted for assaulting Samuel Taylor, a Linen draper and Haberda - Sher, residing in' the, same street. It ap peared that considerable dealingS had taken place between the parties,: the Defendant's wife had purchased t Sol. worth ':letf goods-- ; from the Prose. cutor ; but a dispute having arisen about a trifling artiele, the Defendant, called the Prosecutor a scoundrel ; on which- the other laid his hand upon him, as if to remonstrate and ask why he called. him that name. , The Defendant then struck him a violenfblow, which was the subject} of the pre sent IndiCtment. It was contended by the De fendant's Counsel; that the Prosecutor, by laying his band on the Defendant, after having been called a scoundrel, comMitted the first assault, because it was improbable he sho'ild have laid his hand upon him, after such an affront, except in anger. The Jury, however, did not think so, but found the Defendant Quilt). He was fined tot. Yesterday the Quildhall Sessions were opener' be.: forc'the Recorder, Sir WATKIN .I,6v . fs, Alderman PEItCHAILD, and Alderman CLARk. (being the first time•of his doing, public duty sinee' he was chosen). A Broker from the Stock Exchange was tried for an assault upon a Country Gentleman, who went there to sell out some stock : several Witnetses, as well as the old . Gentle-in ,u, clearly prOvcd his having beep hustled and shoved about by the Defendant.. This cause . -was :ably sustained by ' Counsel on both sides. The Jury found the De fendant guilty, and the Court convifted him in the penalty of ten .pounds; as this was the first eprn plaint of the kind that had appeared before them, and they hoped it would be the last : • the money was immediately paid.— A suspected pickpocket was sentenced to six months hard labour in Bride. well, charged by the c.r..ty Marshal and one of his men- dorm the Police MI. A number of Prisoners were brought from the Fleet Priaon, to be discharged upon the Insolvent Debtor's several were discharged, having conformed to the Ad of Parliament, and some were remanded till the zd of Odtober, being the day for the Adjourned Sessions to meet, they being opposed. PUBLIC-OFFICT., WHITECHAPEL.— Yesterday William Pafoot and Edward Smith, were examined on. a charge.of fo;gery.. It appeared that Pafoot had been in an extensive line of business at Ports mouth some years hack, in which he failed. Com ing to London some time since, he„ in company with - Smith, went to the house of Mr. Float, pub lican,. in Whitechapel-road, where .he represented, That he had . o 10 of 01. some shillings, accepted by Mr. Dash, of the - Navy-Office, and if Mr. Float chose to go . with, him, he 'might be satisfied of its g oodness. It seemed that Float had complied with r. Pafoot's request, and seeing him speak to Mr. Dash at some distance from him, he took it for granted that all was right ; .having .returned, the bill was left in the possession of Mr. Float, td ad yance cash upon it. A short time after, Smith came to ask Isl. in advance upon it, but only re ceived two guineas,' until Mr. Float was better sa tisfied. On a farther inquiry, he found that the Christian name of the acceptor was different from that of the Gentleman belonging to the Navy-Office,. Smith, who is a taylor, endeavoured to exone_ rate. himself, by saying he only ailed at the request qf his fellow Prisoner, not doubting but that it was ,altogether a fair transadion. Mr. Pafoot offered to make a defence, which the Magistrate advised him to reserve till his trial.— They were both fully committei.i.for trial, one as a principal and the other as utterer. Mrs..RoLt.s x -the Lady of Two: Rou.s, Esq. 'one of the Magistrates : for . the County of Surrey, died suddenly at t hei r h ouse near the Green-Man Turnpike, Kent-road, at 'four o'clock on Monday morning last. The effea on Mr. RoiLs' was. such, that he languished under an - apparent despondency until Tuesday afternoon, about five o'clock, when he expired, They' both in. the same house for interment; and we are sorry to add, that the son and daughter are dangerously ill, from the shock, they have felt on' the unfortunate occasion.. • . Saturday - morning . as' a woman was milking a cow in a stable-yard, in - Long-lane, Smithfield; the. -animal; on . seeing a little girl enter the yard with a, child about six months old in.her arms, suddenly ran towards her, tore the child from her arms, and. ,began to worry it with savage fury. The Woman, on attempting to rescue the'infint from„its perilous state, was thrown down and trampled upon ; how ever,. by repeated exertionsi:tihe , happily effeaed her purpose, but not without vbeing,;auch hruised, nor until the child had beetv,so,' wounded by the teeth of the ferocious animal in several parts of its body, as to render its recovery very doubtful. 'Liverpool is the place . where Mr. KAsztritiEß . has sent the PiOure which he painted of 'Bonaparte. : It' is said that it attrads . as much the curiosity of IStople there as it did .when exhibited in London. 4tISSEX ASSIZES: • LORD !CE**ON Aini A OiCIAL FEATLER 4J. TASKER. , Mr. GAAROW stated; that this was art /Mimi Of t-over i brought by a Widow against her son-in-law, to recover certain Deeds and Instruments unjustly withheld frem her. He wished this family dispdte could have been adjusted, without the necessity for bringing it into a Cdurt of Justice. The case was shortly this, the husband of the Plaintiff had. been involved in a dilemma, which rendered the forfei ture of a small estate - he- had, a circumstance not improbable ; and, : in order to prevent it, he hail conveyed it in trust for the use of the Plaintiff. He was since dead,' and the Defendant, - who had been entrusted with the Title Deed, had refused to de liver it up, contending, that the conveyance was not an absolute gift to the Plaintiff, but that the Estate ought to, be divided among the family. The Deed in question, was proved to have been in the possession of the Defendant, and was stated . by the Attorney who prepared it, to have been a conveyance in trust to the use of the Plaintiff abso lutely. Mr. Serjeant BEST, for the Defendant, observed, that at the time this Deed was executed, the Gran tor was in gaol for felony ; and apprehensive he should be attainted, he had made the conveyance, in order to protea his property from forfeiture. The man, however, had the good fortune to be ac quitted, and consequently the Deed ought to 'have been restored. -He had since died,: and the Plaintiff had insisted upon keeping the Estate, in opposition to the interests of the rest of the family. It was evident the Plaintiff could haVe no right to hold, as the conveyance having -been ,made to defeat the Right of the Crown, was illegal. Lord KENYON said, he thought the contrary ; a Deed made, before a party was attainted, was to all intents and purposes, a good Deed.• A great many very large Estates in this Country were held, in consequence of such conveyances. He could mention many wealthy families in the North, who enjoyed Estates under Deeds made by their ances tors, previous to their being attainted of treason. How many Estates, in the time of the Rebellion, had been conveyed to younger brothers, to prevent their being forfeited by the a6ts of the elder ? He knew no reason, why it should be considered as re pugnant to the moral duties, or the Law of' the Land, for a . person, who was apprehensive his Estate might be forfeited,' to convey it over, for the benefit of such of his family as he thought pro per. If, .in consequence of negleeling - to do so, it afterwards came to the Crown, it was ten to one but it•got into the hands of some unworthy favou rite: If the party making the Deed, was-acquitted of the treason or felony, 'still the Deed could not be avoided, without the concurrence .of the Grantee. He would ask the Learned Serjeant, by what leger demain, an Estate so conveyed, couldrevest ? Mr. Serjeant BEsT contended, that if he proved the circumstances under which the Deed was ex ecuted in Horsham Gaol, it 'would be ,sufficient to repel the right of the Plaintiff to keep the Estate conveyed by it. He insisted,' and urged a variety of arguments in support of his opinion, that the Plaintiff ought not to have the Deed delivered to her, but that toe ~state ought to be divided, for the benefit of the family in general. Lord KeztvoN remained of the same opinion. Mr, Serjeant BEST said, if his Lordship was against him, he must submit. Lord KENYON observed, that he retired like Ajax from the,battle, with a great deal of reluft. ance. His Lordship added, that considering all the circumstances of the case, it was a very fit one to refer to some person who should sit as Chancellor between the p3rties, and dire6t what was proper to be done. This was consented to, and the Cause was re ferred to Mr. PARTTNGTON 3 a Gentleman at the liar, and a verdift of ioool. was given for• the Plaintiff, for the purpose of enforcing obedience to his award. ASSAULT. nittsrow v. PENFOLD. This was an Ation to recover damages for an Assault. The Plaintiff was Waiter at an Inn, at which the farmers in the neighbourhood of Lewes assembled on market days. The Defendant was a Farmer, and with a number of other persons of the. same description was in the room in which the dinner' was to be served up. The Defendant had purchased a.piece of mechanisni of singular utility, and of curious construdion, and the Plaintiff pre.. tending ignorance of its properties, took the liberty of inquiring what it was. The Defendant replied that it was i malt trap, and used 'for the purpose of catching rogues and thieves. " Aye, indeed," said the waiter ; -" then it would he a devilish good thing for the poor if it would catch some of you farmers and damn me," he : added, ". I - should like to see all your heads in it'!" This apostrophe, energetically delivered, irritated. the farmers to such a degree, thA =they` took their sticks, and began hunting-the poor waiterand poking , frith on the sides, as the• drovers do ,the beasts they, are driving.• The Defendant ..was- paiticularly active, - and by the ~time the Plaintiff got out 9f the house, his arms, back, and sides, were variegated with all the colours of the rainbow, And it was not till after several. weeks. he recovered the use . of his arms. • Mr. Serjeant BEST, in his address to .the Jury, inferred that the Plaintiff had, by his own impru dence, brought upon himself the chastisement he had met with, and therefore that the smallest com .pensation in damages would be sufficient. The Jury gave a verdil in favour of the Plaintiff, with 405. damages. SMUGGLING. TIR KING V. HOLDER. Mr. SetitailiSnr.pftEao stated, that this Was an, information' 1 441'1st the Defendant for assaulting Samuel Jones, a: Revenue Officer, and obstru&ing him in the execution of his office. There were several other Defendants, but the present was the only person before the Court. Samuel Jones said, that on the pst of Odober last he was Supervisor of ..Excise at Steyning, and was returning. hOrrie between ten and twelve ut night, in company with John Ordmidi another. Officer, when he- heard the noise of a number horses. He stopped in a lane, and Orchard •Ivent over into a field. A party of Smugglers; ing of 16 or zo men, came up the lane ; three or four of them were light' (that is their horses were trot carrying any goods) and the hotsesof the Other; appeared to have tubs slung over them : On comity , past across-road that led into the lane, they.haltA, and the three light men turning round, the rest fol_ lowed them, and advanced towards'' the Witnes3. One of these men, whose , name was Meeting, claimed, "Damn you, what do yoti do here The Witness. asked what that was LI him ? H. thought one of the three persons was n;aned Cl;an:L. ler, upon which he said, " Mr. Chandler, it you." Immediately upon his saying so, Meetine; and Holder, :and the third person, he sUpposed to have been Chandler, struck him with heavy stieks, and almost knocked him off his horse: His arm was beat as black as his hat. As he was retreat,. ing, he received a very severe blow on the back part of. his head, and he nearly fell : however, he sOurred . his horse and got aWay. One of the Smug:. glers followed him three or four hundred yards, swearing at him. ' It was owing to the violent treatment he received he was prevented making.. the seizure: Though it was late and dark, he. was sure he knew two of the persons who assaulted him, namely, Holder and Meeting. He was positively certain as to Holder, whom he had known ever since he had been in the Country. Mr. - Serijeant BEST founded his defence upon the probability that the Witness, in consequence of the darkness of the night, might have been mistaken as to the identity of the. parties who attacked and ill used him. • Lord KENYON observed j that in .a case where the evidence was so positive, there could not exist a doubt.. The Jury pronounced the Defendant—Gray. THE KING V. DAVY AND OTHERS. MR. Serie:int SHEPHERD stated, that this was an information against the Defendant, and two others, of the names of Kennard and Dunk, for assaulting and obstruaing Thomas Pelh;:m, a Cast Om-house Officer, in the execution of his duty. The Prosecutor deposed, that he was Riding Of. firer in the service of the, Customs at Brighton. In conseqUence of an infortna.icn he had received, he proceeded to the sea coast in the month of June last, having previously procured the assistance of some Dragoons. About one in the morning he arrived at Rottendean Gap, quid perceived a company of Smug. filers, amounting to between so and too. He wise observed a number of horses, with saddles and ,straps. Upon hi S approach with the Soldiers, the Smiagglers flashed their pieces, and made fires on the hills; as Signals to the boats to stand, off. One boat was very near the shore; and another farther off; . They both appeared deeply laden ; the boats answered the signal ; the Witness would have seized the boats if they had landed - ; - at this time a quantity of stones were thrown off the cliff; there were a great num ber Of:stones, and very large ones, aimed at him and his assistants. ' The Witness went up the Gap, and requeSted the Smugglers would desist from throwing stones, as one of the Soldiers had been struck. Two of the Smugglers, of the names of Wm. Dunk and William Kennard, came up, and the latter abused him very much, by calling him rascal, robber mur derer, and villain, and threatened to knock him off his horse if he did not alight and fight him, and said, he and his party would fight the Witness and his party, man for man, till they died. The De,. fendant Davy, caught hold of his horse's bridle.— The Witness asked him by what authority he did so? The only reply he made, was, by damning him, and again threatening to knock him off his horse. The Witness said, if he did not quit his hold, he would draw his sword and cut his arm off. The Defendant did not,quit the bridle, but the Witness spurred his horse, and twisted it out of his hand. Soon after that ho took the' way of the Witness (that is, got before him, and opposed his passage), and struck him on the side. The Witness sent some of the Soldiers to another placc, where he expeeted the boats would go, and remained with the rest at Rot. tendean Gap. The Defendant took out a bag of gold, and placing three guineas between his fingers, offered that sum to each of the Soldiers, saving, " You aregood fellows ; quit this rascal, and we will work the goods in defiance of him." The Soldier% refused to take his money, and followed the Wit., mess to Greenway, where he supposed the boats were gone, The Defendants did the same, abusing him . all the while. Several soldiers of the roth Regiment of Dra goons entirely corroborated the account given by the officer. Mr; SerJeant BEST admitted that the testimony of theVitnesses was correct ; he could not prevent a Verdi& against the Defendant, but if the account he had received of the affair wits true, it was possible but that the Officer knd the Soldiers must have beep : mistaken. He understood he should be able 'vi prove, by the evidence of a very respeaable PtiblWan, who kept the White Hoise at Rotten dean ,nap, that Kennard was not present when the soldiers. first drew up, but that he was in bed, and had been so for dome time. He should also prove, that the Prosecutor had made A .mistake with regard to the house, and that, instead of his arriving at Rottetdean at one o'clock, it was past four. if th*faCts were made out, he submitted they would throw such doubt upon the testimony of the wit ,nesses, as would induce the Jury to acquit the De fendants: Henry 'Hubbard, Landlord of the White Horse, said, when the Prosecutor and the soldiers first came; they rode violently over the taila of his yard, and drew up opposite his doors Kennard had been in bed in the Witness's house above half an hour. In consequence of the tumult; he (the Witness), and also Kennard, got up. Some words ensued, owing to one of the Soldiers having taken a spy-glassirom a man, and thrown it on the ground, and broke ir ; the Witness told the Soldier; he did not know the value of it, or he would not have thrown it down 4, it cost him five guineaS. Mr, Scrjeant 51.1UREV.p$ before he- oross.ota.4