The Express.
London, England, 1855-07-09 00:00:00

MUSIC.

MRS. ANDERSON'S CONCERT.—Mrs. Anderson's
annual concert iv always one of the most distinguished
=mica entertainments of the season. It took place on
Friday mooning at tte Royal Italian Opera, and was even
more was nasally brilliant. All the great performers
beleagieg to the establishment— Oriai, Beale, Viardot,
Mario, Oardoni;TamberlA, Lablaehe, Formes, Ile.,—who
are scarcely ever heard at concert—sang on this occasion ;
sad to them win added Madame Clara Novella, and several
other eminent mean stagers. There were also
the 'Davila:est orchestra and chorus of the theatre, and
several distinguished iestrument lists, inducing Mrs.
Anderson herself, Ascher, Mrs. Jewett'', Cages, and Ernst.
The first pert of the concert consisted of a misetilasteous
selection ; the second, of Roseini's " Stabil Mater." Mrs.
Anderson, in consequence of the unfortunate aecithat
which severely injured her wrist, has been scarcely ever
beard ia public for several years. But she is now sutfici-
esti, recovered to be able to portent, and the indica*,
wire gratified to hear her play the pianoforte part or
Beethoven's choral fantasia with Al the power and beauty
which have always distinguished her performances 'A solo for
four performers or two pianofortes, composed by M. Ascher,
was played by himself, with Mrs. Andorran, Mrs. Jerson,
and Mr. Cada,. It wee splendidly executed, and had •
great effect. The theatre was crowded with the must
fashionable company in town ; and Mrs. Anderson's cordial
reception by the audience was due not only to her profes-
sional accomplishments but to her estimable and exemplary
character.

OSCSESTEAL UNION.-I'Ye last concert of the
Orch.stral Uni.oti was liven on Friday evening at St. Mar-
tin's-hill, ander the direction of Mr. Mellon. The orchestral
pieces were, Heydn's symphony in E flit, No. 10, Mende s-
sohn's Italian symphony, Mr. Mellon's overture entitled
" Marguerite," and Auber's overture to Fro Diarolo. All
these piers. were performed with the spirit, precision, and
delicacy for which this admirable ercnestra is so highly
distinguished. The applause bestowed on Mr. Mellon's
very beautiful overture might well have been construed
into an encore, but Mr. Mellon modestly did not so inter-
/net it. Mosan's pianoforte concerto in C minor was ad-
mirably performed by Al. Billet, and Al. Sainton played his
own brilliant Tarantella." The vocalists were, Millie.
Krell, Mdlle. Corelli, and Signor Bianchi. An aping,
erupted@ for the absence of Miss Dolby, caused, we regret
to say, by a heavy domestic affliction—the lose of her
brother, of whose death in the Crimea intelligence has jolt
been received.

DRAMA.

HAYMA4KBT.

Miss Helen FancittOoltTieieit at this theatre on
Friday night, the result of which must bays proved loth, lady
that the majority of the audience were sot at all unwilling
to concur in an opinion tolerably well credited, that she
stands at the head of living tragic actresses. Her et- !
tempt was a bold one, ad Its success shows that
she was right ae far a the determination to ob
tain • reespitisa of her poem was concerned. King
Itene's wh,ch shelling' for the first piece, is as
• dramatis amputate weettaus. It is a translation, or
rather en •tem Ste Swedish, by Heinrik Hers.
Tire bared spa the recovery of sight by a blind
prima under the ezeitement prodreld by a tumult of
novel sensations. In the year 1849 two translations of this
rise* were brought forward. Mrs. Stirling and Mrs. C.
Keen then undertook to represent the heroine. There is no
doubt that the representation by Mis. Fa,:cit last night was
a far more real thing than that of either of V:* actresses
mentioned. The greet defect of the piece is that it sets the
intellect at work to know what would be the nature of the
victory achieved over a physical defect. The subject ie
eseentially undramatic. Nevertheless, with a tact which
can have its foundation only in genius, Miss Faucit
managed to throw ophthalmia into the background, and
to bring forward human sensations, which have
their scores in nature far deeper than those from which
physical defects spring. She carried a trumpery piece
triumphantly on her shoulders, and, flinging it before the
audience, dared them to deny its value. The answer was
all that she could have desired. Can any actress desire a
greater success? She achieved whet ought to have been se
impossibility. We have no spine to dilate upon the other
features of the entertainment ; we however may say that
Mr. Buckstorse appeared in his Adventures tenth a Polish
Princes*. Everyone who has not seen this ought imme-
diately to take measures to remedy his lack of knowledge.

LAW INTELLIGENCE.
THIS DAY.

EQUITY COURTS.
wawa TES MAIM or TES MOLL&
MICE V. HOLLIMIWORTIII.--1119.018 RIPOITID

His Honour gave judgment in this ease. The questioe
was as to the validity of au appointment made under the
following (clause of the will of the jutator :;" As to the
other moiety of the residue, I hereby direst that the ease
shell be conveyed, surreedend, and delivered over to my
own relations in subparts, sham, sad proportions as my
said wife, in and by her last will and testament, in writ-
ing, which she is hereby empowered to make, shall order,
direct and appoint." His Honour said the next of kin
of the testator when he died were two brothers, who
both pre-deuced the testatrix. If no appointment bad
been made it was not disputed that this halt of this residue
was rooted in then two brothers se next of kin, and Chia
it mese go to their legal personal representatives. The
widow, however, bad appointed, not in favour of the two
brothers, whl were dead before she died, but in favour of
the nephews and nieces of the testator; in fact, among the
children of the brothers, and the question was as to the
validity of this appointment. It was to be observed that
the power was merely a power of distribution, and not of
selection. If it had been • power of wilectiAi it was not
disputed that the appointment would have been good. The
ease of Pope and Whittioombe," in Merivalie Reports,
which was cited, was precisely in point, and it it was
to be followed as reported this appointment was bad.
It was, however, conteaded that the reported decision in
that case was not the real decision. The case of Pope and
Whitticombe, as reported in Merivele, was cited by Mr.
Justice Williams in his book on executrre, and on it he
founded the doctrine that where a power was given by •
testator to another person to dispose of a fend among the
original testator's relations is such manner es the donee of
the power thought flt, that appointment could not be made
in favour et any relative who was not within the Statute of
Distribittlons. Mr. Roper, in his book, also referred
to Pope and Whitticemos as • binding authority.
Of course, the court did not refer to these text writers
as authorities, but for the purpose of pointing out that the
reported decision In Pope and Whitticombe had for • num-
ber altars been looked upon as a binding authority. Lord
St. Leoaards in his work on Powers, pointed out the &fa-
culty there was in dealing with a power of selection as well
as • power of distribution, and he stated that the case of
Pope and Whittioombe had been misunderstood, and that
the point on which it appeared to be decided in the report
not only did not arise, but that the decision and decree was
the other way. Now he had referred very carefully to the
registrar's books and to the decree, and he found that
the statement of Lord fit. L.onards was wrictle
seennts. The decree in Pope and Whittiesmbe was directly
'eed to the etatemeat in the report. There could not,
therefore, be • doubt or question that the court bad so.
leanly decided the fact the other way from what was
reported. The result was, that a power of distribution was
converted into and made exactly the same as a power of
selection. He must follow the decision of Pope end Whit-
thumb., es he found it was really made. The
decree of the court was in favour of the panne who were
rehab:se—it was to to observed that the "neat of kin"
was not the word used—who were relations of the original
testator at the death of the donee of the power, end which
relation would have bun the next of kin in cue he had
died at the time. That was the decision of the court, and
it must be followed, though he regretted the erroneous
version of the decision which had been adopted by the text
writers, and which had probably led many counsel to ad-
vise on the rights of
_parties inconsistently with the real
decree of the court. In this cue the inconvenience had
arisen that the executors had distributed, according to the
reported decision is Pope and Whittioombe. He must
declare, however, that Vets appointment made by the wife
was good end decree accordingly but he should give every
indulgence he could to the executor.

THE POLICE COURTS.
THIS DAY.

MANSION-HOUSE.
♦ VIRAGO.

Ann Voron was charged with having committed a des-
perate assault upon Mary Ann Ruffin.
The complainant presented • frightful appearance, one
aide of her (ice being as black as jet, and • great quantity
of hair having been plucked from her head. The prisoner
was found alter the assault was committed sitting by the
tire in her room smoking a short pipe, sad upon being told
by the pcliceman that obe must accompany him to the
station-house, she swore that she would sot stir without •
pint of porter. " When could you get a pint of porter on
on &today morning?" said the policeman. " Ob," said
she, " I oan get as mon as I like in Petticoat-lane"
(alluding to houses where beer and gin wen sold without
linen, and i• the teeth of the magistracy).
The Lord Msyor—Was she drunk at the time?
Policeman—She ,is always trunk, and she fights like •
man.

The Prisoner-812e provoked:me to whop her, and I have
a great deal to do protect myself from the saucy women of
the neighbourhood.
The Lord Mayor—Yon are the most desperate woman I
ever have had before me, and 1 sentence yea to imprison-
ment, with hard labour, for six weeks.