The Sun. — London, England, 1817-12-11 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, DEC. 10. CONTENIPTS OF COURT. KIRKPATRICK V. KIRKPATRICK. .sit SAMUEL 1 - LomILLY in this ease moved, that ,Eliiibeth,Thompson, oflsletvorth, widrivr; and Ca tharine Turner, of the same place,.spinster, might he committed to the Fleet Prison, they haying dis obeyed an 'Order of Injunction issued from the Cow t, restraining them Irom baying any commb iiication 'with George William Kirkpatrick, an in fant and a Ward of the Court. , SirSAmtTEL also pi vetl, that Matianne ThoMpson,•daughter of Mrs. E!izabetlr Thompson, might be restrained from having any Communication with the said infant. Mr. ROS'PELL requested that the motion might stand till \loudly next,. in order that he might he endibl•_.(l tq file itiLlavits mAde'hy Life Ladies above fuvutiooled, which it was of imp6rtance to their ease should he made.. The Loin CHANCELLOR (Sir S. Romilly not objvcting)'orderedthe case to be set down for ar gument on Monday next., FRISBY AND OTHERS V. STAFFORD. Sir SAMUEL ROMILLY, with 'reference 16 this cause, prayed that the tlefi.:ndartt might be com mitted to the custody of the Warden of the Fleet PriSon, for the breach of an injunction issued on the I7th of February last, restraining her from cutting down certain useful and ornamental tim _bey. and, also from committing .waste on an crate devised to -Ann•Stafford as tenant for life, subject to the payment of certain annuities, at whose ceai,e the property in question was to go to the ten children, one of whom was the plaintiff, Mrs. Frisby, who being entitled to the estate in re mainder, filed the present bill - to •restrain. the de fendant from proceeding to cut down the timber and commit waste. i•The injunction accordingly issued, hot not witlt4tiiniti 'this, the defendant, as alleged by. the plaintiff, had - cut• down ..some hundreds of the young treet . On the estate. • Mr. LEACH contended that no waste had been committed, nor had any but full grown trees been felled, Which were thepurpose . of Mcg: B:atford had not lived on the estate, nor did she give any instructions to tell any but grown:tre - eS . , but . contrary, had given the strictest injunctions to the steivard. .not to cut dawn any but those suited to the purposes of ship-building.. He read the affidavits of the de fendant, her steivard,• and various other persons, as corroborative of what he had asserted, and submitted, that from the allegations contained in 'diem, it was deal• that it bath been the wish of Mrs. Stafford to act up to the order of the Court in every particular. After further observations from the Counsel on both sides, and: from the Lord Chancellor, who suggested to the - parties to refer the matter to ar titratioii, the case was ordered to be sent to the Master to appoint a proper person to inquire whe• *her the defendant had contravened tie injunc. tion, and,to report to the Court the issue of such inquiry. CLUD HOUSIS. TARLETON V. HOLLAND. This was an application to his Lordship:re specting an injunction granted by the Vice-Chan- Cellar, whereby the defendant was restrained from proceeding on a bill'of exchange f0r,2501. The plaintiff, it appeared, had lost a considerable suin of money in a.house, 64, in kept for " Society and Play," and being unable to pay the same, he gitve two bills to the Hon. Robert Cur zon, Manager of the Club in that 130115 c.. It . was generally customary during the play,. for parties who unfortunately were:losers, to pay their losses by counkem, and:then in-money at the end of the play. The L6l CHANCELLOR-13y counters! what do you , mean by .that.?: . Mr. WAKEFIELD said, they were small pieces of ivory or silver, and in some cases, of bone. Loan CHANcELLOII-0, they are, I see,. the circnlating inedium of Club-houses. It further 'appeared that the plaintiff had paid the two bilis, hut•tmfortunately for him, one of them hail remained in the hands of the Hon. Ito, hart C9rzon, who, two years after this ttaus action, indorsed to a Mr . . Staples, who being indebted in the sum of 801. to.the defendant, who is proprietor of . the' Cocoanut Tree, St. James's street, gave him-this bill of 250/. as security for 801. and the defendant was, raising an action for the recovery of the whole bill, though his debt, was" only 801. when the plaintiff applied to the Vice-Chancellor, who, on hearing the case, in= stoutly._ granted an injunction, to confirm which was the preSent application. The -LORD CHANCELLOR-1 shall look over the hill' and answer to-night, and if I say nothing to morrow bbout• it, yon may u rest assured I have ap prved of his Honour's decision, 'and if I do not approve of it, I shall then speak on the case. COURT OF KING'S BENCH. THEATRICAL. ENGAGEMENTS. ARNOLD V. fIARLEY• Mr. CURWOOD opened the pleading's, and stated that this was au action brought•by the proprietor of the•LyeeumTbentre„ in the Strand, now better known by th'e name of the English Opera House, to. recover a ,compensation from. the defendant - , for the breach Of an agreement .eptered . into .by him with the plaintiff, for performing at the said theatre for five years, at a rising salary of 61. .71. 81. 91. and la per week. The defendant pleaded that he was not liable. . Mr. ScAtitaTT was proceeding to. state the plaintiff's case to the Jury, when • Mr. Guatiay,• for the defendant, interposed, and , suggested the propriety of referring the cause of action to the adjudication of an arbitrator.--, The action was brought for - the non-performance Of an agreement, and certainly if the agreement was in 'fact broken, the plaintiff would be entitled to recovvr some damages ;. a consequence which would inevitably 'drive the parties into a. Court of Equity. • it appeared to •him., however, that the wiser conrse t% mild be, to refer the matter to the arbitration of.some disbeet person out of Court. ,AIr!:SCARLETT, on the part of the plaintiff, felt it to lie his duty to decline' this proposal. The object of Mr. Arnold itf !Winging this action was, not to visit the defendant with heavy damages tOr a wanton breach of his agreement, but to take'the sense of oa Court of lAA , upOn,a question most important to his interests, as the Proprietor of a publicTheatre. He entertaiged nOpersonal.hosti lily toward§ the defehdaht, but he felt it to be his duty to take the opinion of the Noble and Learned Ju.lt;e on rile . liench, upon a question which was, 0f the Utmost consccinence to the plaintiff, who, if the opinion of the Court should be against him on the present occasion, must adopt a different course of Troceeditig from that which he had hitherto pursUed in his , 'ngagernents With the -numerous persons who performed' at his Theatre. The 114i h t iff I.t . ai the proprieior of the English Opera House, an establishutent which did the highest credit-to its founder, as a distinguished ornament al. the Metroprili, and a nursery for the native dramatic talents of Great Britain. It was well ' ktruw!l that he taste, the liberality, and the na *nal feelings of the plaintiff, Irad induced him to hold out encouragement to every candidate for public applause, and that by means of these highly creditable qualities he had brought under general notice the•genius of many distinguished ornaments of the stage, who but for him, might have lan guished in obscUrity in theconfined field of a provin cial theatre. Many engagements, under his auspices, had given an opportunity for the display of ta lents, which procure) the candidates for applause . valuable connections, first with the. summer theatres, and afterwards with the winter temples of Melpomene and Thalia. The plaintiff had beard Something of thedramatio.merits of Mr. llarley, who, in the year 1814 Was performing at the Theatre .Royal.at York, and in the month of October in that year, a correspondence was opened 'between the parties, which led to an' agreement that tire; defendant should enlist hiMself among the plaintiff's corps tb-amatique for the summer season of 1815, at the rate of five pounds per week. The defendant, in his letters ; bad represented himself to be capable of sustaining more than a hundred different- characters, and certainly though, some' allowance.should be made fOr human vanity in all situations. of life, Mr. Harley had amply justified his pretensions to me rit as an accomplished comedian. • He was a than 'perfectly qualified to sustain the parts which he had enumerated to the plaintiff; and so•perfectly -satisfied was. the latter of his merits, that when. he came to town in 1,815, and had exhibited his ta lents, the plaintiff, voluntarily agreed to pay him six pounds per week, instead of five pounds, Which was at first proposed. Upon further acquaintance, the plaintiff found him 'so valuable an acquisition, that he offered to engage him for five years, at a rising salary 0f.61. 71. 81. 91. and 101. per week,; hat Mr. Arnold, in that spirit of liberality which had always governed him, cautioned the de; fendant against entering into such an agreement, if he thought he could make . a more advantageous engagement. with the winter' Theatres ; Mr. Har ley, however, was so satisfied with the proposal made, that be drew up a memorandtim of agree ment in his own hand-writing, upon the above mentioned terms, stipulating that he shOuld he paid his salary " play or spay "—meaning that be should be paid not withstanding any closure of the T:reatre by reason of public mourning. In pur suance of this agreement the plaintiff caused the usual forin of printed articles used in the Theatre to be filled' up, in the terms of the defend ant's agreement, and called upon hint to sign it in the year 1816. But it appeared that shortly atter the defendant's engagement at the 'English Opera, his talents bad brought hiM into ,such notice, that an overture wtis made to him by one of the Winter Theatres, which he 'ac cepted, and therefore when Mr. Arnold called upon hii»to sign tire articles, he declined so to do, urging that his engagement -with Drur y-lane Theatre wonld not enable him to fulfil his agree ment with the ,English Opera. • The defendant was "afterwards urged in more peremptory terms by , the plaintiff's solicitor to sign the agreement, but he positively refused to complete, his engage, ment. He was asked what objection.he had to 'the agreement, and he signified his inability to 'perform on the terms proposed, in consequence of his engagement with Drury-Lane. The agree ment was left with him, and he made such alterations in it, in his own band-writing, as he , thought would enable him to conform to the wishes of the plaintiff.- The principal alteration was, that he should have the same salary at the English Opera as •heitad at Drury-lane, when he was called upon to perform at the former theatre. With this stipulation the plaintiff refused to corn ply,,and insisted upon the execution of the origi nal agreetnent. In the mean ,time the plaintiff suffered considerably in consequence of the de. fendant's having withdrawn from the theatre, his talents having contributed mainly to the profits of the • house. After some further consideration, however, Mr. Arnold, desirous of accommodat ing their difference, proposed that the defendant should sign the agreement in tire altered terms which be had introdueed, willing if Possible to avail himself of, the defendant's talents; but even this agreement he again positively refused to sign, or return to the' theatre. It was for this breach that the present action was brought. The penalty usually introduced into theatrical engage ments, was 10001. in case of a-breach : but this was not the measure of damages which . the plain tiff sought to recover. In consequence of the de feridanes refusal to play any longer, ,Mr. Arnold was obliged to etpploy other persons, less quali fied than, the defendant, to perform the parts which 'he had undertaken, and pay them rtuch higher salaries. The' rule therefore which Must govern the Jury in estimating the damages' was by kre ference to the additional expence to ‘vhich tire• plaintiff had been put in order' to engage other; persons to supply the defendant's place, and the Learned Counsel had no doubt that the Jury would do that which 'the, justice of the case required.— . After the statement of the plaintiff's case was con- , eluded, . Lord ELLENIiOROPGII interposed, and asked the defendants'a Counsel _whether he could get rid of the effect of the defendant's own positive agreement ? The agreement, was expressly /set' fortb—the defendant had not conformed to it and lie had not pleaded a licence or dispensation: for its non-performance. 'Mr. GuitNEY said, that he was afraid he co,tijdj not resist a verdict against his client ; but he had no doubt that he should be able to spew, that there'were circumstances in the case which vivai cate the defendant from the imputation of intim). per conduct. 'Lord ELLENBOROUGH.—CertainIy it will' be extvemely'difficult indeed ; it is a difficulty -almost insurmountable, to find out at Nisi Prius the mode of ascertaining ,the compensatiod due to the plain tiff. If you can give no answer to the case, I should think the better way would be to ascertain the damages out of Cotkrt. Mr. GURNEY said, that the difficulty he felt was this :--He was now. representing the interests of a person whose existence depended upon the es timation in which he should be held by the public; .and if it should go forth that be had wantonly and without any reason violated his engagement with the plaintiff, that in itself would be (teatime tive of all his present and future hopes of success in his profession. In point of law he certainly had no defence. in this 'Court ; but he was quite-per suaded, from his instructions, that the defendant had a most. satisfactory moral defence. Lord. ELLENBUROUGH.-.-We have only to try the legal effect of the - agreement, and have nothing to do with the, morality of the case here. , Mr. GURNEY said, that he was only desirous, on the part of his client, of doing away the im pression which his Learned .friend's' Speech (which would go forth to the Public) must have to the defendant's prejudice, by stating that the defendant could urge circumstances in his defence, which would remove all'idea of improper conduct on his part. The'plaintiff.was*certainly entitled to a verdict in point of law ; and, without wishing to make a speech npOn the subject, he only desired to say, that the ejelendant could place the circum- • stances of the case in a very different light before the Jury. Lord ELLENBOROUGH thought that Mr. Scarlett had done the most ample justice to the defendant's talents, and had spoken of him in the u►ost libe ral manner. Mr. Go RNEY said, that although he could not resist a verdict, yet he could shew such circum stances in•the defendant's case, as would reduce the damages to a mere nominal amount hut he had no objection to have the. damages estimated out of Court.; Mr. SCARLETT said, that it was by no means his client's wish to impute any thing. improper to the defendant, who it was fair to presmite had acted tinder ill advice. Had Mr. Gurney coasene- . ed, in the- first instance, to a verdict being re corded for the plaintiff, certainly be (Mr. S ) should not have addresied .the Jury, the object of Mr. Arnold being only to try the legal question. • . After some further cbnversation„.iLwas agreed that the. plaintiff . should have! .a .verdict for 10001. subject to a reference to Mr.. Gazelee. OLD BAILEY.—No trial of any interest took place yesterday. SAVANNAH, (GEo.) OcT. 20. (From• an - American Paper,), To 'HK' PLIBLIC.—Pn the :15tb of _Septem ber I sailed from Nassau (N. I'.) botind to Ba racoa; laden with goods to the amount of one thousand two hundred dollars. This can easily be proved by my papers and- the documents of the Custom-house. On the 27th 9f the same month, arrived off the coast of Cuba ; at 5 P. M. dis covered a fishing-boat; with two men, making towards us, and when at a.hailing distance, they enquired where I was bound to, and being in formed that was going to Baracoa, they sup plicated me to give them a passage—observing that they were inhabitants of that place, and that their boat was leaky and about sinking, I by humanity gave ,tife'm passage. On the. 2sth„ at 4 A. M. beingto'the east of 'Punta Midas, I was taken by a schooner from Amelia, named Sarra, commanded by Edward Fennell, and owned by John Morrison, of that place., We were boarded without any kind of respect to the flag of his Brim tannic Majesty, old without examining the papers, commenced plundering—l was robbed of my watch, font teen dollars and my clothes. At eight' A. M. the two vessels were anchored at a 'thee named Orange Harbour. These pirates proceeded to examine Emmy papers, after whichPtliey- decided on sending my crew ashore. This was imme diately done ; however, not before my poor fel lows had been robbed of all they had. When they were landed on the beath, three muskets were fired at them foi the purpose of forcing them to retire in the woods. At the place were we had anchored, there was a_ Spanish schooner, laden with tobacco, which was also taken. The two vessels were then ordered to the Island of Amelia, and escorted by tbe'privateer. On the 4th of. October, as we were about enter ing the harbour of .the above-mentioned place ; we were boarded by the boat of the United States brig Saranac, John Elton,'Esq. comm . ander, which ordered us alongside of the brig. The Captain, af[er being informed of .the circumstances which had brought us to that , port, sent off a boat to Order the privateer alongside also.---The pirates were arrested and put on board of the Saranac ; and on ,the 6th, the Two Brothers was ordered to Sairannah, with an officer, five 4nen, the captain of time privateer and one of his sailorS. When watering on Jekyl Island, the Captain (Fennell)• made his escape. •• The same privateer in hercruise before the, last, had robbed from on ,board an English schooner, fifteen hundred dollars belonging to an inlia b,itant of the island of -St. Andros, one of the Bah a Inas. • I think it my duty to give this to the public, as it will keep thetn.orithekr guard against the privateers fitted out at Amelia for na.other pur pose than that of plundering the, vessels of all, nations. . • • 'Captain of:tke British Schooner Two- Brothers. MANUEL ARCON; Ntate.r' , JOHN ARCON, Seaman. The Magistrates of the Thames police-offire have ordered several ships in the river !o be fmni- E.7.ated, inotiler to prevent fever; an ahrtn having been •exdited by the illness of several sailors, Wilo7howeVer; are now dbing FREE :MASONS; EDINBURGH,EDINBURGH, DEC. 6.— , The 30th of'Noveni.- fier ; falling this year upon Stniday, the Fraternity Free and Accepted'Masons assembled on . .iklondjl' the Ist inst., in Freemasons' Hall, Edinburgl i ; for the purpose of a pp o inti ng G ran d Office Beare r ' s for the ensuing year, when the following ricr e unanimously elected :-- His Royal Highness the Prince Regent, Grand Mastei, Patron of the Order for Scotland. Sir John - Marjoribanks,ed Lees; Bart. M.P. Acting c4ro i Master under his Royal Highness. Most Noble:George Marquis of Tweedale, Grand Master eIA Right Hon. the Earl of Fife, Past Grand Master. William Inglis, of Middleton, Esq. Substitute Grand Maste ( ' John Hay, younger, of Hayston and Smithfield, Esq. Seria l • Grand Warden. Sir William Hamilton, of Preston and Fingalton, Bart. Juuifi t Grand Warden. Sir Joins Hay, of Hayston and Smitlifield, Bait. Grand DI • surer. Alexander Lowrie Esq. Grand Secretary._ James Bertram, Esq. Grand Clerk. Dr. John Lee, Grand Chaplain. - - William Cunningham, Esq. Grand Jeweller. Alexander Peacock, .EN..Grand Bible Bearer. At the conchsioi; Of the election, upon the nag' tion of the Right Worshipful the Master ofSt• Luke, in a speech of much feeling , and interest, seconded by the Right Worsh-ipful Proxy Master of . the Mother Lodge s Kilwinning, a'respeetfoi Address of sincere condolence was Onanimouslf voted to his Royal Highness the Prince'Regeot . and, Patron of the Order, upon the late calamil which his Royal Highness and the Country have sustained by the death of her Royal Highness . ilia Princess Charlotte Augusta. As the last tribute of respect to the extraordinary merits of her Itsliti Highness, the Most Worshipful Grand Motif* had 'recalled the' arrangements which had bee' made for celebrating the Anniversary of their twr telar Saint,"in the usual convivial manner, and had issued instructions for asseMbling the hrethreo, and devoting the slay to solemn and religious war' ship. In consequence of these instruction3,whieh met with, the warmest approbation from the bre° thren 'at large, immediately after the election srao concluded, the whole body, consisting of lip' wards of . 41 thousand brethren, in, deep mourning, walked in solemn masonic procession from - Fte-• masons' Hall to the High Church, where the Rev. Or. Lee, Chaplain to the Grand Lodge, delivereil a most appropriate and pathetic discourse, troth the prayer of Solomon at the dedication of the Temple, Second Chronicles, chap. vi. 20th; 28th, 29th, 30th, and '3lst verses. Afti=r Divine Service the different Lodges re.' turned in procession front the High Church 10 Freemasons' Hall, The streets were lined with a party of the Scots Greys; and the band of the 88th' Regiment accompanied the procession, pet!oruy ing sacred music, with their drums intifiled,--- Though die streets were crowded to excess, the utmost regulaiity prevailed'. During the proces• sion wit a murmur *as heard ; the feelings of every spectator harmonized with those of the craft, wail the sympathy at an event which fills the nation with such sincere sorrow and regret, appeared viii silde in the countenances of every individual, until gave a character to the scene at oucq striking; aiA impressive. DREADFUL ACCIDENT--A little girl, four year: old, daughter of an industrious laundress of the name of Purcell, who resides in Holies Rents, adjoining the Regent's Park, was so dreadfulq bunion Tuesday night, - that she cannot recover. The mother had gone out fen half an hour with some work, leaving the child in the care of a sis ter seven years old. Her clothes by some meatull caught fire, 'and' set fire to the room betore hes dreadful situation, was discovered; The othct sister was playing-at the door. , A melancholy accident happened on the even. ing Of Sunday se'nnight at Harrietsham, to a Mrs. Honey, of that place ; site was left sitting by`the side of a candle, a spark from which is supposed to have fallen on 'her clothes, which were shortly in a blaze, and she being in a vet y infit'm state was unable to extinguish the same ; 'her tiangb 'ter had not left, her hut a few tmnattes, and on -herreturn found her mother in flames, which she immediately extinguished, hut she mai burnt in vs dreadful a mantler that she lingered in the greatest agony till Tuesday, when she expired. She was 83 years of age, and has left 15 sons and datigh ters, 55 grand children, and 59 great grand .chil-d -ren, to lament her kiss. OwSunday • evening sennight, a, man of lie bname of Richards applied for a bed at the florut• public-house, Chatham, and slept there that higK; In the morning be came down stairs with • his box, which was covered with green baize, anl, leaving it in the bar, requested it might be .takem care of, and that he would call for it in a shoat time. Before he called, Mr. Harlstone, the mas ter of the public-house, had an intimation that the fellow had been in the habit of stealing feathers front beds, and, on examining the one he had slept in, it was discovered that a large quantity bad been taken from it, by naripping the bed tick ing, which had been afterwards very' neatly sewed up. His box was immediately opened; when a bag was found in. it stuffed full of 'fen titers, with a flat iron, a pocket-book containing scissars, needles, thread, and every. necessary ap paratus for carrying on his nefarious business.-- Shortly after the examination had taken place, he called ftir his box, but being taxed n , itb the 146- bery, he said he would bring the p e r son fromwhom be bad purchased the feathers ; and, leav ing the house with the greatest precipitation, made his escape, and has not since been heard of. MARIUED. On Tuesday last, at Horstead, in the County of Norfolk, llvedale Corbett, Esq. 'of Lincoln's-Inn, second son .a the Archdeacon Corbett, of Longnor-Hall, in the county of Salop, to Mary Ann Jane, only daughter of the late Joscpli Lyon, Esq: of Bloomsbury-square. Yesterday, Robert .Francis Jameson, Esq, of the Inner Temple, Barrister at Law, to Isabella, daughter of B. Blaci— den, Esq. of the Green, near High Wycorabe,Bueks. DI ED. On the 7th 'inst. in' Bonol-street, Vice-Admiral William Migh, F.R.S. of Farningham House, Kent, aged 63. At her house in the Adelphi, rather suddenly, Lady A„nder soil., relict of Sir Joha WiHiatt' Anderson, Bart. regretted, and esteemed: - , r;ONI/MNi Printed,bv J. B. CARSTAIRS, of No. 29, Great Ormoudist-reef, Queen-square; and published by W. A. SCRIPPS, pf..NO.- 7, South Molton-stleet, at THE SruJ ,Otlice, No. In, Strand; where Advertisements, Orders, ':l.Atttcil; Ac.': (post-paid) must be addressed. FEI ~Y .~,~ "er e ( ' 4 l, gag Sua