The Sun. — London, England, 1811-11-16 00:00:00

LAW REPORT. CC)L11:1' CRAM. ER, N0v..14. WYVILIM V. TUCKER.. The consideration of this Adjourned Case was re stitn,:d this day-,by the SOLICITO - 11:GENIAAL, 06 the perx of the plaintiff. It will be remembered that this was. a else with respeCt . to the right of presentation to the Church of Down St. Mary, in the county of Devon. '.'l.lle. Learned Counsel perspicuously detailed the leading features of the case. He commented ,on the impropriety of the appeal of the defendant, he having allowed his claims"to Ire unheard of for four years, at the exuiration of which he appeared, and asserted his agreement to be useless, on account - of • his liability to discharge the heavy debt attached to the advowson. But soon he altered his tone---the removal of the incumbent of the Church of Saint Mary had opened his eyes ; he perceived then the value Of his claim, that it had become .ot the value of two thousand pounds ; he then put in his claim, with at% offer to pay his original contra6l . of eight hundred Rounds, and interest, provided his title to the presentation was recognised. All that ought to • be done for Mr. Tucker was, to dived him, to take' theadvowson in its existing state, when the presen raiion in - 1807 was filled up. fie called - on, the Court to dire& the presentation according ,to the claims of the heiress, Miss W)ville, so that the va cancy. tuight.be filled, and the creditors receive the benefit of the sale of the advowson. The Court was of opinion, that it .was a most per . ple4ed case, owing to Tucker appearing as deten . dant when he should have been plaintiff, besides there were ~ no representatives of the . advowson, winch hindered thelaw to be applied.' .The SOLICITOft ObSci'V.o, that.llothin . could be , mere absurd than,tlie place of the defen dant ; if ly exerted himself so as to pluck tbe.pre-, • seotation froth Miss Wyville's hands, instead of en,. joying it himself, he would instantly be obliged to place it in the.hands of the Bishop of Exeter. .:, The Connsel,,on .the part of the defendant, con tended, that he never :abandoned the agreement, but was hindered. from urging his claims by. the ai r • Vp1903 am ong' the creditors. , ,Their Lordships observed, that the case embraced so narrow a range, as made it impossible for any de cisive judgment to be attached to it. They wished tire.defendanti to file his bill as a specific one, and • • , deferred giving any. judgment •,until further consi deration. • ciert" that ecilld tiof . - he ' fotili , _sad judgmen ff.. passed on such days as the , Court gave no setiteti4is they would believe every tree of the Forest had to 'compound wilt) the. Church. Hornbeam stood free , trorn tit ices by 'the evidence of county. custom. -Be. Shouldhe sorry` to see,so - fine a tree outlawed from the common privileg e o f trees; it was a tall and beautifdl tenant of the grove, which it would be a pity to proicribe. . , . The Citurt aci;ourned the further consideration of the ca:,e to a future day. . , The reported disafreaion of the Maltese prove s to beerronenus. There, as every where else, a few dissatisfied people May be found ; but the majority of . the Maltese people are too well satisfiedAVith the' mildness or the British Government,. 'and ar.e'grow. jog too rapidly rich, in consequence of the trade which their connection with' England 'has thrown into their hands, to wish. to sacrifiCe. those benefits to any theoretical advantages. A letter from Cadiz of the 29th ult. says " There is nothing - new in 'politics, excepting the denunciation" of the 'Deputy Valieute, by acclaim lion of ; the - people, some days since, in the CorteS. For security, the Government sent him Off under a strong guard to the, Puerto: where he ern hat ked, andilares not come on shore Rivera , of the Calle Ancha, died l tefy, leaviilg a million of dol lars. He .has. left ,a sum 01.80,000 dollars to the different convents, competent to the cost of I 60,000 - masses for the repose of his soul. The queStion of the Inquisition which ,had re cently been stirred, lately caused an extramdmary ferment in Cadiz. On he,26thsOlt. the Deputy for Seville again moved the sebio in the Cortes, when the people becathe so incensed against hiss and a member. who seconded his views, that they would have inflified immediate vengeance on them tiLit for , the interference of the British,,Who contri‘e.d to get them on board of a Ship of war, where they have for the pressnt found a sate asylum. So h, how ever; was the state of the pUblic mind on the L)7i h, that it required great caution to . restr;nn it within proper bounds. Official addresses were eireolard on the 27th, endeaveuriog to calm the'peopie. At the sitting of the Cortes on that day, it was earnestly re covited, that those who attended, would conduct themselves with decorum. The metehers taken on board our ships were arrested:] but whether for se cnrity, mat the request of the populace, is not stated, The Weymouth and Jeysey packet, commanded by Captain Woo), tt htch Arnold have sailed trout Weyttlogtlt,for Jersey and Ouernstir on- the•26th tilt was detained by contraiy• winds. till Tuesday, the, gyth, when, she sailed ; btu vnfortunately, be fore she reaChed the islands, she fell in : with a French privakr, was ,captured, and carried, a Ft ettch ' port, , Calit.tio,Woo.p has escaped being .a prisonet, not ha4tig sailed, this trip, but he had two sons on bpird,, and there were, twcinty-one pas,eagers, five .of whom arc, reported to be. natives,of Exeter, with two Ladies and another female., one of whom was a. young Lady from Certie, who. had embatted on a, mairinionial expedition, and had. taken ,With her about 400 guineas. The mate and the who!, of 0)4 CrOV, about twelve it, number, were QUI board, and have all numerous fitmilleg, dorived, b)cti,,is cap ture, of ineamuof srihsistetice. The ihtkilattants of We mouth ,have commenced a subscription for their relief, with the prospeo of a liberal contribri. . ticm,, • • .Tout P Y LlNT.—Wedtioday last, the hounds un kennelled a lox-at Broad Heath, near ‘ Worcester, and • atter a short rtin,' Rey nardisrrived at the Severo, and immediately tOok water, and' swain to an island, 'Whence afterstayitig: a short time; he again took the water, - aturskt , ani to the bank his had before let r:--= Being closely pressed, he took shelter-in a hollow tree, where this Woods killed him.: In consequence Of the river having flooded the cdtintry, 'from the etreas of the Lite heavy •rains, the Earl of :Plymouth had nearlfmet with a strict s accideut in tj,t,e chace as he was gising though some "'water, which' was' hOUghl shaltoVv; his holselell int . ° a ditch. The .Noble' Earl fortunately' received no ot her- injury. than a severe drendbilig. • lintnrcit4.—An unfortunate, accident- happened !at thc New Iliewery, in Workinoou, on Saturday `morning last,. whereby. one Milbam Robinson Jost -his, life, under the,fallowing.circumstances Roger 4, the managerial the brewery, had for,some time past round he was robbed of money, candles,' and other articles, to. a considerable extent.. :He - tried, by .marks on the doors, and other precautions,: to find out by what way the. depredator came into his otfiee, and: .found. he .came in' the nights and forced a staple, to suffer the lock to pass, and after-. 'words nailed it on, again, in order to make good ap, pearances.. Mr. angers was resolved to watch in a, room adjoining to the office, and- disco.ver the lain,..that he. might be brought to justice: After: watching some nights, he and his 1)i - wher e in a :con._ vement place, on Saturday morning, about lour o'clock, heard , a—person force the lock. ,This_ was Robinson,:- the *ceased, with a „candid, in. ltihand. He came into the _office, and went to the money,- and . was talting it, when Mr, Rogers placed himself between. Robinson and , the door that he had forced, presented a blunderbuc.s with a bayonet upon it, and ordered hir to -stand arid .surrender himself. The, villain immediately sprung at flirt, ; hat or-touching the bayonet,- ' he stopped and retreated fora Moment, .fin 4 sprung again, at Mr. Rogers under the bayonet, closed_ with' him, -and seized the blunderbuss, this struggle,.the candle which Robinson 'had went out, and Mr. Rogers's brother ran to assist, and seized Robinson by the. arms. At this moment, in the Scuffle-of an the thtee, and in the. dark, the piece accidentally went off, .attd. lodgAl_tuest of .its contents in the - hip of the. deceased, and fortunately without injuring either-oklic other two. Medical assistance was immediately called, and every atten tion paid,. but, the man died. in little more than-an . 'hour afterwards. He confessed. to the, 4urgenns, that he. had been freqnently there before. An in. quest was .held on Saturday, .by 11.-BaNsow, Esq. tho Coroner, and a respeElable in•y— After a view of the body and the pockets,. hi which-were t . ,:taid flint anksteet, and, a tinderbox ; and also exatnio, ing the premises,, and after a patient and industrious investigation. by both Coroner and Jury,. a verdict was.returned of-!--JustificOikturiticids— , . LEWTS V, SNELL AND PARKBR. This was a curious case. It was on the propri ety of certain .dcsariptions of forest treet being tithe"- able. • Mr. CSOKE, on the, part of the p)ain , iff, stated this to be . a case wherein the Rea. Mr. Lewes, Bettor of Chigwell in • Epping ,Foie,t, Essex, was'plaintiff; and Mr. a proprietor ot land and Mr. Parker, it cleater46l wood, %NA . .le defenda n t s . The tithes ot the church had been injured, "he ob• sPrved, by the condat of the defendants, who had Cut trOWil and sold quataktiefi of wood utOel' . tithing Jiability l on the grounds 'called Hawk wociA„ TaWO - and' "Piillard-grove, without 'Piying the customary tillie4 belonging to the chttrch. The SOLICITOti . -GENEEIAL and Mr. Bnanytyroftr. were. CounNel for 'the, (Lk:oda is. Mr. RAltitYNlimE intreilliced" the case. in a few ateung and pointed observations on the different de scriptions of 'trees enfranchised frOm - the payment of tithes by the custowi of the country, and by the: uni.ersol law of the kingdom, „assuring the Court, that they would convince thetn,""by t ,, 'W. ea)cience, hyw little of the WoWoods:n the" in '.'dispute . "lre' liable to Church tithing. " ' • "—• ' • Mr. LatAcu, on thepact oldie phiintitr believed the 14w. 10 be „yetAegiOye, that no doubts Were re on' the kinds of trees liable tt he tithed.— Oak tree,s,sprung from . acorns, knbajn by the name o f ma id il tindleq-wiretruriprimed—by the axe for MO years' cla'ured, an exemption Iron. tithing .for ever. But all 'maple, `sash, liorithearn, oaks which had sprout froth the stock, - of whatever age, wider wond, loOpings and toppings, hetlaimedion , the port of the,' jester titheable property. -To justify:his nr, the opinion of Lord Hardwicke in the case of I V , ...lton.u.Tryall, page 2,39, of Wilton's' Re ' ports, Wati (14101 5 (.1 as dc,7iSit'‘,.; as also severa l' ot h ur ciecisinns..where oaks sprung. °from . the-stock were 'condemned to be tithed., Mr. c:OOKE follows d in the same tray of quo t a . tion and rcinark,,grtthering tiorri Reports and pri• vale opinion the' general laW of precedent in .such cases, all confiimitig the' Liability of oaks sprung from tire old 'stoeto to lie tithed,. • The SoLiciToa-GEN ERA r.. expressed his. wonder at the Reetor's remissness in withholding for thirty years cloirnscia the woods then in dispute. Tire Lowever, had begun by claiming what the d‘ lendant S hail* tiO 'right to pay, the woods were fist cut in 1807, .and he claiteed. back as far as 802, before the pitsent proprietcir hail possession. fiut contiti,m , his demand even to that..tirne he sued for too math. . •Notwitlistariditig the' venerable ob a i, ff rx of opinions whichltis Learned opposer had quote4l, 'to ,prove . that an oak spxong from a stock was of dishonourable growth, he still •remained an that point unstaggered. - He gave- hit opinion with much dididence, that an oak once proclaimed en (Panellised from tithing; by tke eustoila and lawsof thy. county , remained so tbalj posterity,'communi.. voing it , freeborn inheritance to all its descendants. ' Wert:lll , y to be told how deep t hey, were, cut it:), escap , - church tithes ? Must they .go fumbling tb , find nose tit my inch 4 they were above liability, and how nay 2 lie •comended,. that an oak • o:ice free ci).ntriunicattd its immunities to its de, 6cendants for ever and c . cr.. Baron' GRAHAM expressed some doubt, whether km once' cot to, thoground would produce soy sprout capable of arising to the stature of a tree. ~..-'l.*tieSoq.icttnri-'tiEt4F.lthl. replied, were it cut at thirty years of age, it wont(' produce trees.. He impel I he had spoken according to the old and sound letter ctf the law,, which he hoped their lordships w u t c,ti p v i di%halge-for more -modern opinions. 1)1d tiwy give ear:to those- scraprof .cases quoted by his Opponent ; to those ." hearsay de- p-IN DON : printed bri HO MA S WOOD, of No e ;5, Maiden-large, Covtni•tgallien ; and Published by WILLIAM AIavIIGER.SCRI PPS; South 14' At the SUN OrFicE, No, 112, Strand, where Advertisements. Orders - ler the Puller. Letters lap the Editor, &c. (posrpaitA ...;. - ' M' a hi' : L 1 t 1 . ALTON _ol.lltSibit; lii cc tpatt 104 of greyboandi t4r the . Cup were 'vorr on Ti.i sdav last, of which Major .Topharn %volt tisro, W. 13:fit , two, Mr. Monson one, and Mr. Harrison we, out of ffttre first' class. - . - - . . Of the two deserters who were suspeeled of tha a t roc ious murder and robbery near Canterbury, one has been discoveted and apnrehend-ii, in con& qUence of another robbery which 'they have Om' tnitted ; between the period of six and half-pit stx, on Saturday evening, e.S Mr. Charles 1-oloon," the landlord of the --Little- Rose public-house, at icliham , Was returning froth Canterbury t o that' W , .!.: P late, in his cart, he was stopped about forty redi , . ,- (torn Fish Pool Hi11,...0n the _Wickham road, bj, two soldiers in blue jackets and troWseri, each of. r.. w homresented ai..tcil to his head, and demanded his money, which' haying given them hi nvtei;: silver, and copper, to the amount of six poodi, three shillings, they then orderet him to OOP' B n 4 took, floor him his great-cast, a fustian jacket, ova '. waistcoats, aod his bat with which, nOtwithsiand-. ing his entreaties, that ' be might'. retain one article' . only 10 shelter himself from the wemher, they msde off', it s ince appears, to a hay-,tack, not far disolt , where they exchanged their military jackets'for the' Can stolen clothes, and immediNtely Proceeded to C3a• terbury. In the interim, Mr. Holtnan reached liii home, and on informing' hi' neighbour, Mr. Dila Coriard, of the' circumstances, he with a protnlifi* tude which deserves the-highest commencl.‘ll"ag rox47 termitied Pu on a pursuit of the thieves, an d a!;. panted by another neighboor, Mr. Lancelieki, Holman, they came initnedi ' ately to Carnetburl, cove!) , of the offenders. was take;' by where every precaution which !night lead to a dir sisted by, the military; till at length it Was illoUgitt advisable to inquire at the Coach-offico, if a e Y s°s advisable charaders had left Clinterbury that night ur the London coaches, w lien it appeared that alto 0 0. 7 the M,3yorys' swering the description of one Of the soldiers had goil c ' -by the Deal coach tb Chatham, having been takeiV l about eight o'clock, just as the coat:h was s eti l off, and whose agitated cotidu& .and nianoer bad! four, the moment excited suspicions among the I) ,Y -st i ; tiers. Upon the strength of this infortilsion o d . Collard continued his pursuit in a post-chAiglLs: with a view to overtake the c oach, Ona 40 , followed by a corporal and two privates ° I Ib° o 4, l Royal Irish Dragoons for his assistanee ; tli' s 'i t ' e it h A : r ce m lF s Itiiltyn,aaltrocohstli,thuanmex:ininpilhead, reached 0 to r hbuse, tool;: into cUstody shoo Space of 0 ibi and twenty-fire Minutes, and on going Il l ° the de' ' cription of one of the deserters, who hadjoi t at ter ed'frOm . the coach ; and Mr. HAW", Shortly vat of ariit'itig, intmediately recognized the great:wo 01.1 *llicli he had seen robbed cal his haek• 1 ',,,,,, et • a man -answering - p 1 ~ht- Standar conieyed to. Canterbury, and yeste t r e ' /,..m...,,, amined before John Abbott, Esq. one ° I. ' .' t i,a as s,strates . for the county, when bing iilntilt a. William .Knight, a private of the 1 :2 3 d Li g ll o , 1 1)0 Wednesday evening prece.diog, in goons who had' deserted from ' Rainsgat% wilt another private-of the Dame of James tq c dal oial 'Alr..Holman having sworn to the Prol)"(f.r. Bustin his person, he ava_ committed to St. A` 5 1101 ,... gaol farther examination on Wed l ' escl9. • i t h this won, Fro throug that 1.),,v m . wbat - ' has' tianspired a bt.but 1., l' would stem toat there - i 4 littia-td°Li•liite atrOClo,:ts are the persons who Perveir-ed the n concealed murder, and that they bave since' bee. , of 130/0,. Indic victintty tit thin woods and out-houses bourne.. ' aor lof Mr. Ma° ference, with a T • - !axe is novistanding on u , e b'''' en tv Qtruiriste), • coctoro.ol iy, anti _ , (nearrYork HotlSC,.Paltner's village, v e- e -- thr i'iiog 3 piar-tii. with a second crop, In a I li '. _ ..,,, : 00.0 . state, near three inches long, and two 1 . 1 1 , ; . . ia , be "en by any 'person thinking it Nor th} • notice. OUSA n TWO PRIZES OF FIFTEEN TH, .quantity of blossoms) wi'l, tiierr OUT OF "VIE THIIEE Ejj- • T EN D .•. IN THE LOITERY JUS ~ . WERE. SOLD AND' SHOW ,BY EX TON' ..Rv.51.• :2, CORNHILL,, AND 18, COVS•‘ a • WiikatE ,TICKE-US AND SHAH` S_ 'AtU,' 6ELLINO Foil „ / 1 4 • ' . THE SNI4.L4 LOVI:EItY .OF L" . - ' - b:POO TICKETS,' . E R--, TO. BE t/..)R4WN )9th 15:._ .._ (.?_‘ ... ........---' 3 ' . , • ......,......--- - 1 -1— .. . BM IV. —' f a paviill• At Holy.-hill, Sussex ,air s. Colonel .Young• °' . ter. .---"' —.—:---------- • MMtjt,llsl). ,_ pelt On Monday last, at St. George's, 1-latio‘er-tAtl,t,3s; o il 0 llorrocks, Esq. of Freneltwoott, near l'retott, el 1 1 , do gh• the late john HorrockS, Esq.! M.P. to C 13rir, ieco a " ter of William I upp,, Esq. of Goriug, Susol" . _ .. __ _ -----77. ----",--.._----- D IED Bth . O f . SO On Saturtl,:ty last, Mr. lo hn Dilly, Pont/1011 Boatl.stratt. t. in . ' h the 11/f On the loth inst . . ' dose tit Pei.c )11 Il3vv,,eYr son of William 14,1%1/key, Esq. of Sio3ne.sttegt. , „../ vet to r i te LateiV. at,Sevenoaks, 'obit Kelm) A. 1-.4 " f etc.:). . • ' . f I' oll LA . a On AldiTtlax. morning. Thomas bow ries vr I:11, i, Conti, in 4 he County of Worcester „ •-•tbevh, The same day.- in Sack viile.smet, finblin. 17:0100). Of year of his age, Healy kinteli 13like LicotelulAtti,Vallscourr' the-CfilwalMilitia, brother or the' late Low 4tut. uncle .of the, present Lord. , i 1 - 4. ' "itlec;elY • I Lately, at Cottesbroolae. N ortliamptonsilq. t_',,,,„ w ilt 0 , It - wilted 5y all her family and friend:4, Mrs. !st""" Ow Rev. Vere 'sham. .: ..,,,f1.114 thl the 24 last, at her house In the Last V.vii, 1,0004 . V. o i .i f a. ,t '....bk... 1)- place , Bath, Mts. Sarall hattiJX,. re st • the fts . ~ W. 1"-IlltAX; OrTQWlstoA.Locrgt, YOrl:;lii, te , In ' year of her age. !, . , , . _,,........,, .-- - .L.-..---4..;-...--------"----7 • ' COAL -IvIAI:tiET, Niiv. 15. . Ships at Nlarket., Si! sicwd3otie .. . . 41s• fi c;; 1: 1 9 s: 7 it " sScuonct,icrwica.notil 413:• 3. z .Cinticrs . r • f' S ri% C/Z S • . . P R ICE )1 • ~ :. VitSTARDAY, '• „ . 63 , yr, It tlia floods, I 4 s , ' Bank Siocil, 2321, 2311 1 3 4 • - 0 ; d Ann . 62 1 1 , , Rent f 4 NaNJ ; per, f.;c0t.,.. 79 96,j 97, i,x ,,, eq : Ar i l s, 3t" cr ill 441. p ..ciirr Ce.it. 79i 79 ~ , • tir,,r, ccla. l<eci..:6ll 61: X ixtr, - • ~ is , pr. - pe r c k ,tit.. t.,ons, 641 , c t li ,l ,'l' ~ 1 I) 4 C 641 1 tail, - L. .. , .r.n. 16,i 7.lofils ~....,M0t.,11 ~, _ in 140 y. . India' St ,, ,:k; l'S'i: It; ", Lc n;. WI -7'" n rt I.loro 11 I tilt WATER-. At 1.6:41}0N BRI 11C; A' • - ROW. after initl.lpfter 2..1 EYerling, 8 paw • 101 ton-mu:et, Gros v e par- squ a re, o, must b addressed. Attt (FROM Tlti3 S ttt ) We continue to hear, with surprise Ind regret, that the Riotheon` will be speedily completed, for the e purpose ef establishing another Italian Opera in this country, end we can hardly suppress our indigna tion when we reflect ,that au Englishman is the founder of this establishment. Surely one foreign theatre is enough 114.116 metropolis- , -oneltalian,Opera : is sufficient in a country Where the people have by nOmeans'a particular taste'or genius for music ; and even among the most enlightened L circles, who are iii the constant habit of attending the Opera, the genuine love of music, and the 'knowledge of the science, are generally the last motives which induce their attendance there. But there is another and a more powerful reason` to be"urged - against the esta blishment ore new Italian v Oeere, and which be longs, or ought to belong, to national teeling and to national pride. The' number of • ltelinn. singers el s , 'reedy in England, whose chief merit consists to hies,. ing been born upon the shores of the_ Mediterrane an, posseas,, exclusiVely, the. patronage of the. No bility, to the total depreciatlen of the native talents. of their, coisotry, which, if better feelings . actuated them, it would be their pride and pleasure to protect Sand support. Why" Aessonia's softer sons" should have pecu liar claims to the patronage' of a British 'Peeress,, per leaps, we .may not ask ; but why' a Peer of Great Britain, a proud title in these dayi of continental degredation, should submit to the insolent familiari ty of these obtrusive aliens, exert his influence, and open; net only his houve, but' his purse, for their supeort e is to us a mystery .we'seelt in vain to solve. " Flattery is the key" which ".apes the wicket to the human heart," enclitic Italians certainly knoW how to apply it teeter than airy other' people; etad perhaps we may look into the weakness of huinan nature for the capseeif their success in 'hie country —a degree ofsuccesa so. unbotinded, that ere long : we shall expett to see them constituted the h9user hold sods of the Engliah nobility ; yet so exereordis nary isehe infatuation, that the very 'presumption and impertinence with which they condutl them selves in the mansions of the great, if praaise'd by an Englishoien,.in a similar situation, would probes bly' occasion him to be 'forbidden their presence, A new opera at the Paptheon will open another dooe fora fresh swarm of these Iteharedocusts; and tittle chance 'as there now is for English' 'singers, :there will then be still less: ' ' • One le s ilian Opera, with such perfortners as Ma; dome Catalan' and Traniezzani, at the head of it, is sufffeierit to satisfy, all all, those who are particularly devoted to ftalian. music ; and had the projetior 'Of the new,Opere founded an-English Opeta upon the model .of the Italian,,and opened a field, fig theta , lents of the composer Las well as the singer, he would have been entitled, to the utmost "support of the public, and. the gratitude,. of the .ineny whose talents are languishing , ' for .want 'of- pr = oper ercou ragetnent, and a proper sphere of anion. While we have eteeh an opera as Aria xerzes, we want no proof of the capability of an Englishmanio produce a grand serio:ie opera; and while we lisrep •ed the exquisite singing of Mrs. Billington, thrcingbotit that opera, we felt but little disposed to support Mafia:. shigei - s and o6erils. The language of our country Must make its.way to the heart, in de spite of the prejudice of fashion, wide he' reit' desire to appear even =rein possession of a foreign lans priest than ( - Airmen ;. and an 4p g Jish Opera; founded upon the plan of 'the grand, serious Opera of Italy, must succeed vliile there are, any 'Etiglish hearts and' English ears reMaining. To write the panegyric of Mrs. Billington, is, per-. haps to diverge from our subject'; but we feet it dice to that perteetion we may ,never bear again : and all those who have so often listened to her with rap- • ture,,lnust remember to their lateit 'venir e " those strains ;which twee can imitate, and which combine ,the utmost perfection of art titld - nature; and it a decided proof of the superior excellence of this accomplished singei, that no one ever inti tated her; other great singers are fiequently brought' to our recollectiiin by thetones or matiner . of iiiiarierr perfermers bat she alone has placed thepoesibility of imitation far beneath her. We• knots - she re rejeeted a eerie ,blanchs for the, e litelian_ Opera, :sled has determined ne%er - 10 appear .in publiceagsin she e . ovsesses both national pride and 'feeling, and. perhaps eight he indticed to come fer Ward agent al the head of the national opera, if upon a plan , sail ' ciently grand to'be worthy of her talents. Such an. opera; supported by the splendid - powers of Biahare, and the inferior depertments tilled by the many good. singers we have, wilt's pessiess both, talents and voice (which we cannot say , of all the Italian Singeri)s would constitute an Opera • that we shaald behold with pride and pleasure, as far styes ier in perform eincteto the lialiane and while we . have composers Att wood, Bishop, Hdrsley, and many others, who have , studied in the' best schools of Germaily and Italy, and who want nothing but an extensive field wherein todisplay their abilities, we need not despair of having. opti63 , written that woold stand the test of competit ip i ts, at remain,, like Artaxerxes; a laiting proof olßsitish genius, • . ss . Such an establialiment• is a 'desideratum, lung • Waisted ir, tliis country, and, it is a disgrace to us as a people pi ofeisedly the 173 runs of t lie genjusotevery clime, except• our nVerie that we have not the first ` and most magnifecentOpera ie Eurepe On .Wednesday the celebrated pedestrians...Toseph Real and Abram Wood staled to run four milmfor' guineas each, _over the racit-course, York. Wood took thelead, and. kept it. a mile, wbert,Beal passed him kept the lead,. and 'won it in peat s`lyie, boating his' adversary ,about Qno yards; >Beal won it in 21 niincil , A 12 secondi. This young man is only 'l9 i'eara of age ) , about five feet se'ven inches high,. weighs gst. 6.10. 'the betting at starting was five . and six to' four on Wood. A cot course of peo ple were assembled to iNiiiiess this race froM all parts of Yorkshire and Lancashire'. The ground was ex ceedingly heavy, and much against the pedestrifinti. ' On the gill of Sept , :mber last, tial. rtm Isaac guits . worth; -.4 Lancasohe man, two miles,nver the same course, end 'be,it him considerablk. , -Mood 'is also from 'LancaSkire, and some time . since` run aghinst John lirowri, four miles, and beat hii antagonist too yards. The time it W4l ruq. iq was !O minutes and - ‘2 • 2 secands . .. - •