The British Press; or, Morning Literary Advertiser.
London, England, 1805-03-21 00:00:00

CATCH CLUB.

This respeCtable Club, which is so liberally sup-
ported Sy the Noblern.fn and Gentlemen. members,
had a very numerous meeting at WI Rooms,
on Tuesday evening, Mr. 'Norte Wasi. in the
Chair, and Mr. Gosi.ING, Vice-President Among
the professors who suppottesl the Cati.bes and Glees
of the evening, were, Sai.P., jun. BARTILMAS,
hia It RISONp NIILD, Cost, &c.

Yesterday, about twelve o'clock, His MA lesr
visited the Princess IA WALES, at her house on
Blackheath, and remained with Her Royal Highness
during the morning.; and, after dining with Her
Royal Highness, set otf fix the Queues house
about four o'clock, where His NIA/CITY arrived
about five o'clock. In the evening, the ROTAS.
FAMILY honoured the Coacert of Ancient Music
with their presence.
His Royal Highness the Duke of CASIS2,DGE
Was in the Duchess of Guituos's box at the Opera
on Tuesday.
The Countess Of POETIMOUTH'S Ront at her
house in Lincoln's-Inn-fields was numerously at-
tended last night; her Ladyship receives company
every Wednesday.
The Opera on Tuesday night was very well at-
tended ; Mrs. Btu.' soent4 WAS in fine voice, and
looked admirably.
It is said the Court will certainly go into mourn-
ing on Sunday for the Dowager Queen of Paussi A.
JANIS NIUSGRAYM, Esq. has arrived at his house
in Wimpole-street, from B.trnsley Park, Glouces-
tershire.

There is to be a rider to Mr. Fos ma's Bill, for
making a tornpile road between Dublin and Holy-
head. requiring that it shall be /Heed with blibraees.
Lord Rivets arrived at Nesor's Hotel last even-
ing.
The St. James's Volunteers will be inspected this
daMy.
rs. Vir.t.ixas, of Kwth Audley-street, gave
a grand rout last night.
The Marchioness of He A OFO RT'S rout this night
expeCted to be one of the most splendid of the
season.

Signora Sro ACT., in her cards of invitation for
the let of April, promises a variety of sweet sounds
to her guests.
On Tuesday sc'nnight the tragedy of Duaglah
with the entertainment of Raivng Me will', were
performed at Voolpit, Suffolk, by the young gen-
tlemen under the tuition of the Iffy. Mr. Cosuitoi
for the benefit of the poor of that parish.—The cha-
rakcters were admirably filled.
The Earl and Countess of Nrwariacrt arrived
froin their seat in Sussex yesterday, at BA TT'S Hotel.
—Also Lady Joan Camtart.s from Scotland ; and
SenwanT, Esq. M.P. from Ireland.
The Ear! of SMOLK has returned to his house
in Haley street, from Seven Oaks, Kent.
The Westminster Cavalry had their Anniversary
dinner yesterday at WILLIS'S Rooms. It was given
in a most superb style; they elta•ged And re-rharged,
and concluded the engagement with mirth and good
humour.

Colonel Moto,. ts has taken the house, late Mr.
Scot's, in Queen Ann-str, et.
A Gentleman, walking through the City on Wed-
nesday evening, was induced to enter a church
which was lighted up. The Clergyman was in the
middle nf a Sermon, which cawed hint to ask the
Pew opener, whether it was a Lent Sermon ?—the
old lady, with some indign.itinn, answered,s• indeed,
Sir, I would have you to know, that it is of the gen-
tlemin's own wrtling, he nester lorr.nr, a Sermon.
The small but delightful spot, called Collii,g's
Haase, situate ten miles tram Plymouth, on the
'seeks of the Tamar, Is at present without a tenant.
Numeral's applications ‘s ill of course be made 101*
the possession of this charming residence, which
commands one of the most picturesque and delight-
ful views of tbs sea And adjacent cocatry, that ctis
In imagined. •

d;ILE OF AratHCOn'S HOUSE.

Yesterday, by two o'clock, Mr. Phillips's Auc-
tion Room, New Bond-street, was crowded with
Nobility and perarns of Distintaion ; after the sale
of several choice lots of china, statues, &c. about
two o'clock, Mr. Phillips proceeded to state the par.
oculars and conditions for tlrl sale of the elegant
house and furniture, in I lill-street, Berkeley-square, '
belonging to Mr. Robert fieatheree, which has, of
late, so much attra Fttid the attei.acin of the fashion•
agile world, The Antlimiter referred to the full
printed particulars, which were in the hands of the
company, for the minute description of this elegant
mansion, held under a le.v.e from E:trl Berkeley,
I,r an unexpired term of 39 years, at a ground rent
nt t 11. 7s. 6d. ; and, he stated, that the cost to Mr.
1-leathcote had been as follows—for the lease, 60001.
to Mr. Cundy, the architea, whose taste and jadg-
ment had been so conspicuously displayed in the new
arrangement and fitting up of the house, and par-
tictilarly in the erection ot.the new and superb li-
brary, &c. 63511. ; to Messr :Marshall and Co. up.
bolsterer s, for furnishing, in their most tasteful and
elegant stile, 60201. ; fur lookiiig.glasses, 15001. ;
for chandeliers. 4821. ; to the artist, for painting
and decorating the Egyptian Hall, 5101.; and for
stores, and sundry fixtures., 2001. ; making together,
214t;31.; for which expenditure, he WAS ready to
produce the bills, should the purchaser desire it.—
, At the request of two gentlemen, who afterwards
appeared to be bidders, alterations were made in the
conditions of sale, requiring a deposit of WI. per
evil, only, allowing three to six months for the pay-
ment of twnsthirds of the purchase-money, on pro
per securities. After stating, that every article in
Mr. fleathcote's house at present, except plate.
jewels, ,inen, books, piaiires, wines, chin glass-
ware, and apparel, would go to the purchner, the
bidding; commenced with t;,000 guineas, un which
several:advances were made from different parts of
the room, till they got up to I 0,0(X)I. when the con.
test lay entirely between two gentlemen, who were
rather tardy in their advances of 50 and 100 gui-
neas at a time, till at length it was knocked down
at ltvel.e thrums' su;neas, to P. Phillips, Esq.
Before the disposal of this lot, the room became
so full, that the door was thrown open, and the
landing on the stair-case was literally filled with
gentlemen and ladies of rank, who all seemed eager
to learn the fate of this much talked-of and elegant
mansion.

There will he a gr musical festival at the
Theatre of the University of Oxford on the
26th, and 27tts of June. They will be the first
musical performances in that Room since those at
the Installation of the present CH•ACkt.Loa of the
University.
Monday night The Soliitev Dtrughter, and The
Pricy, el- al Lirst, were performed at the York
Theatre, by the desire of Mrs. CIIOLML IV ; and to-
morrow will be played, by desireeof the Marchioness
of CLANNICARDE, Juldn Bea. with Love Laugh, a!
LIM/ ftniihr.
Their Excellencies the Fort and Countess of
la tOWICICL intended honouring the Dublin The-
atre with their presence last Sarni day, when a new
divertisement was to be presented, ion the purpose of
introducing the celewated Italian Pandean Minstrels.
Marquis COtIrWALLIS was yesterday most ek-
gantly entertained at the London Tavern with a
farewell dinner. His Royal Highness the Duke
of YORK, the Members of the Board of Commis-
sioners for the AlTairs of India, the great Officers
of State, and a number of distinguished persons in
the higher circles, were of the company. The
Rand of the Brigade of Royal East India Volunteers
attended, in full uniforms. The following profes-
sional gentlemen were present, viz.—Messrs. Dio-
Nef4, HILL, MALI), TAYLOR, SALE, 'ACTS, GIS.
lONS. and Master K 21.1.1,4111.
The Duke of Sussex's indisposition, which pre.
vented his presence at the late festival of St. Patrick,
arose from a slid !en and violent inflammation in his
eye early on Monday morning, and for which his
Physicians applied a strong blister. rlis Royal
Highness, though he bad but little rest on Monday
night, was, we have the satisfirdion to state, consi-
derably better yesterday at noon.
On the 13th instant, tho non-commissioned offi-
cers and private: of the I 0:h Company of Inverness.
shire Militia presented Captain Jolts Si Meloo with
an elegant sabre. Tint following inscription, hand-
somely executed on the blade :•—•! Prevnted by
the Non•conirnissioned Officers and Privates of the
10th Company of Inverness-shire Militia to Joffe
Sim esov. Esq. in testimony of their high reaped
and esteem for him as their Captain—M.s."
Rosedale, at tbe entrance of Richmond. from
Kew, the property of the late Hon. Mrs. BoscAWEv
devolves to her son, the Earl of Facstou rat 'This
w.tc formerly occupied by Mr. TtIO MOW, author as
'I he Stnewo, Sec. who was interred in Richmond
Church; the table he wrote on, his chair, and cane,
arc now in the house.
A Morning Print of yesterday, with more can-
dour than good sense, condemns its own account of
the celebration of the Anniversary of St. Patrick at
the Crown and Anchor on Monday. If that ac-
count, which was given by its best reporter, was so
horrible, what must be the rest of that limier, Paper
The business of Thetford Assizes commenced
on Monday, there was the tidiest attendance ever
remembered, scarcely a bed being to he procured in
the town; 11r. ERSKINE, who is specially retained,
and other Counsel, being compelled to take up their
abode in enrages. Twenty causes were entered for
trial, of which seven are to be decided by special
Juries. Only two had been tried at the Court's
breaking up on Monday evening.
On Puesday night, between eight and nine
o'clock, as Mr. Se rri.s and his Lady, of Lomond's
Posh, in the Borough, were coming to town in a
single horse chaise from Waltham Cross, the? were
stopped near that place by tin ee footpads, who
robbed Mr. SETTLL of six pounds, and the Lady of
her watch, with which they made their escape.
Messrs. RCINACILL and Bastxa's beautiful View
of Rowe, which has long deservedly experienced the
flattering and universal admiration and patronage
of the lovers of sublime painting, is to be withdrawn
fum the PANORAMA in the Strand, on Saturday
next, to give place to a ref:, of the Re;, of Naphl,
MONIII rCiarigS, and neighbouring objeEls ; but the
Painting of Sir SIONI-V SMIS N s Esiverment with
the engine's Flotilla of Ostend is to tertian open foi
public inspeflion.

L.IW INTELLIGENCE.
4 A.
„r 0.. CIIAMCERY, WEDNESDAY, %Cuter 20.
nticie's 9. THE $11140? Or DURHAM.
This t. as .tn Appeal by the Defendaer against the
decree el rlie Master of the Rolls, under the lolldw-
ing circum,tnnkes:
The late Mxc. •Ann Scracherodi, by her last will
and testament, atter a variety of other bequests, I
devised the residue of her lare property, amount-
ing nearly to 10L. 0,00 the Bishop of Durham, in
trust, to be applied in acts of benevolence and libe-
rality. The Bishop iceordingly applied the in crest
of that residue in such ads of charity as he consider-
ed to be comprehended in the words of the will, And
the intent of the testatrix. Tee Plaintiff, as the
next of kin to the deceased, filed a bill in this Court
for the recovery of that residue, and the Master of
the Rolls being of opinion that the true intent and
meaning of the testatrix was not suificiendy express-
ed in the words of the will ; and, that the words
benevolence and liberality, without any farther ex-
planation, bore an indefinite signification, not sufti-
, eient to ercone a trust for any specific ptarpese in t,.c
KisiSOp ; his Honour decreed, that the property
should go to the Plaintiff, as next of kin. From
this decree the 'defendant appealed, and the cause
came on to he heard on Mued sy last, b •fore the
eci A sicEi. Loa, when it underwent a very long aild
able discussion, by the As t °ever GILSEILAL, M,.
RICK ups, and Mr. MARTIN, for the Appellant ;
and Messrs. Rustle Le and BELL, for the Ite owl-l-
ents ; in the course of which much legal
and logical reaconiag, were displayed by the Learned
Counsel on each side, upo the question, whether
the words 44 ads of? , bersatAence and libetelity."
could be considered AS meaning " a&; of charity ?"
For this put pose, Authorities from Hole Writ, irons
Cicero, Dr. Paley, the Statute of Elieeiseth, and a
number of decided cases, were citc.:
The argument was resumed this day by Mr.
, BicHAßos, and, ter some further d seussien;
The Lose CaANcet.Lqc observed that, in the
present case, the first thing to be considered was,
whether the testatrix meant to create a trust, or to
make a bequest ? If the trustee were not com-
pellable to execute such trust, the will must he read
as if no such intention existed; and, when the tes-
tatrix did not Arse surlicieetly that she meant to
create a trust, the purposes which the uuster is to
execute became so uncertain and SO indeicite, that
it must be supposed the testatrix left it to the dis-
cretion ef the legatee himself; 'and, when ohjefhof
such an indefinite more occurred, it had ben the
practice of the Court to consider that the mind of
the testator did not mean to create a trust. it the
devise had been made upon a trim hreeett -r to be
declared, or upon a trust which had fettled, then the
Court could interfere wie. respe.Ft to the (lisp( sition
of such devise, though the se.:ai might be .occie-
what indefinite; but, in sues c:a s as tee pre ent, the
Court could only lea to the will itself, and he cop.
sitiered it was'impossible that the Bishop could Leld
the trust for his own use aid benefit.
Her: Mr. Rioters's ob_erved us his Lord hip,
that the Bishop, both in this Coust and the Rolle,
had intimated, that he ailed merely as a tt wore.
The Logo Criaecet so a resumed. The ques-
tion then, he said, was, whether this trust had born
effeauAlly declared by the Testatrix, either wheller
or in part ? Much argumesit and much elicit:ism
had been made use of with revel to the true con-
struaion of the word: t• benevolence and liberality,"
and it was to be considered whether, wparsitely or
taken together, they could he considered to amount
to the meaning of asks of charity. His. Lordship
adverted to the several cases which had been env+,
and dwelt patticulaily up :n those of Mr. Bradley's
IVO' mad the Welch Charity, where funds were
created for the purchase and distribution of honks
for the propagation of the Gospel, and the circule-
tion of religious and pious *teaming. Upon those
cases there remained no doubt; the intention of the
Testators was dear, and the very words of the will
called it a charitable purpose, and Cie Court ailed
accordingly. It was the maxim of lewd Thurlow,
that if there was a trust existine, it roust be such a
one as that the Court can interfere, so as to reform
mal•idministration, or administer due administra-
tion. 7he question then resolved itself to this,
whether it was a gift to charity in general, as it was
uneerstoosl by the Conn ; or, whether it was a gift
going beyond those purposes which the Came con-
sidered charitable ? ft th- tormtr, the Court would
have told the bishop in what it was to be applied ;
but if the Later, it was too indefinite for tile Court
to penis ounce or trust upon. It the real meaning of •
the words "benevolence and liberality" were, in
their technical sense, to be considered as meaning
efts of charity, all theiconsequeretes must folluw ;
hut, if the Testatrix meant to go beyond thi•, and
give the Bishop a discretion, not merely for his ou
benefit, but a discretion so indefinim that the Ci.urt
could not all upon it, then it came so the points
whether the Testatrix meant to create such a trust t
U; on the whole of the case, his Lordship did net
think such was the intention of the Testatrix t iie
considered that the words of the will were tou inde-
finite, too vague, and too uncertain, to create a trust
in the Bishop of Durham ; and, therefore, he WAS
of opinion, that the decree should be aflirnspd. The
Bishop of Durham was in Court during the argu-
ment on Monday, bat his Lot &hip did not atteuil
the judgment this day.

KANT .fiSSIZhs.

AIIDSTOME, TUESDAY, M•ICH 19.
Mr. Justice HSATM, and Mr. itlstiEv kut.st. 2:-
rivein town last night, and opened their Commii-
sirm for holding the Assizes for this county. "Ihis
morning, after bearing Divine Service, they pro-
ceeded to business ; it being, however, rather later
' than usual betore the Courts sat, nothing very ma-
terial .vas done to-day.
FARR V SOMMERS.
This was an aftion to recover the value of Sa cwt.
2 quarters of hay, sold by the Plaintii to the De-
frustum ; but, it appearing that the hay was to b
of prime quality, and to bt delivered at Deal der-
ricks within a limited time. which condition was
nut pertio erred, the Plaintiff wAs aonsuited.
OILPIN Y. (.11.ACI.
Tbis was an ailion of trespass, tnr pulling down
some old houses of the Plaintiff's. By the evidence,
it 4pißeAred that an ut..cte of the Plaintiff's was the
A
preprietOr of the premise: in qisestion, winch coo-

sit red of some old honses in Deptford, three in nom.
bcr ; :hey were leased by him to a man of the name
of Gray ; the present Defendant married a daughter
of Gray's, and ..-trite into possession, which he held
for several years, ssithoat paying any rent at
length he pulled down the houses, to make a rope-
walk. The title of the• Plaintiff was not thought
of during that period, hut at length he claimed the
ground, and it was deliverei up to him ; but the
present affirm was brought to recover damages for
pulling down the old houses.
Mr. Serjeant S s trr Ait o for the Defendant, ad-
dressed the Jut y ; in which address be urged, that
the old houses were of no value, and that, in fait,
the ground was of more valise cleared from the in-
cumbrance of them. Verdit for the Plaintiff—
Damages 601.

HARRISON P. PARKLR.

Mr. GA anow told the Jury, that the Plaintiff, in
this case, was a poor widow, and the Defendant a
sturdy blacksmith. The aetion was brought to re-
cover a compensation in damages fsr a trespass in
the Plaintiff's orchard. The widow had a little
orchard, in which she fed her cow, and it happened,
that one min-ling she found her poor cow turned out
of its print.'. and the blacksmith's cow quite at
cisc, ler Ihsg its place; she,. in her turn, sent out
the blacksmith's cow, and reinstated her own ani-
mal in its lawinl poiwtssion. But again the widow's
cow was dispossessed, and the blacksmith's cow
usurped her right. She next gave the muter notice,
that she would hring her attinn against him for tres-
pass, unless he fed his cow at home; but a poor
" lone woman" :lad bus small chance against the
powerful arm of the blacksmith, for he not only
turned her Giend, the cow, out of the orchard, but
he bound up the door in iron hoops and chains ; and,
finding his individual power too strong for her, she
was forced to have recourse to the law to aid her in-
efficient strength = and he was sure the Jury would
give her that recompence which she could not obtain
for herself. .

He t1,..n called three witnesses, whn proved that
the Defendant had turned the Plaintiff's cow out of
the of chard, and turned in his own.

Mr. Setjeant SnEe ess to stated, that he should
prove, on behalf of the Defendant, that the Defend-
ant was heir to the orchard in question, and that his
uncle was in possession of it : and also that the
Plaintiff's husband had it devised to him only during
his life, and on condition that he maintained the un-
cle's wife during her life; hut that, so far from ob-
serving the ternis of the bequest, he sent the old
woman to the workhouse, and consequently that the
Defendant ought to have possession, and was war-
ranted in doing as he had done.
Mr. Cassow, in reply, contended, that as this
was a mere possessory aaion, the Plaintiff would
maintain it, however the light might be.
The Learned Jercz was, however, of opinion,
that the possession of the Defendant's uncle, and
his sheaving his heirship, called upon the Plaintiff
to shew a legal right of possession, and diretied the
Jury to find for the Defendant. The Jury found
accordingly.

CROWN SIDE.
kfore Mr. Jastier Roux.
The calendar contains 77 prisoners, of which six
only were tried this morning.
inners Frimer, a private, and Writione Break", a
serjeant io the 71onmouth Militia, the former for
saving stolen a box, containing divers anklet of
wearing apparel, and the latter fur having received
it, knowing it to have been stolen.
Miss Crufteuden stated, that twing a passenger in
one of the Maidstone coaches, on the 570th of De-
cember last, she lost her trunk, shich was missed
from the basket, but she did not know how it was
gone. She saw the things when they were brought
to her by the box-bolder, and identified them as her
preperty.
Edward Ayles stated. that the Prisoner, Fenner,
offered to sell him some handkerchiefs, of which he
chewed him one, and told him the others were at the
house of Serjeant Brackley, the other Prisoner. In
consequence of this, the witness accompanied George
iikiny, the bot.holder, to Brackley's hou.e, where
they found the article* which had been stolen from
Miss Cruttenden's trunk. The Prisoner, Fenner
confesse I to them, that he had followed the stage-
coach on the road and got up behind, and contrived
to throw down into the road the trunk without hav-
ing been perceived ; he afterwards took it up and
carried it to the house of Buckley.
The Prisoner, Fenner, said, that he found the
tiaok on elm road, and carried it to Buckley., in
order ttat it might be safe if any body should
come to own it. Captain Piggott, and several Of-
ficers of the Monmouth, wile to the good charatler
of Buckley.
Verdi.t, Fenner Griity—Bracklry, Net Gad/y.
lo the other three cases the Prisoners were all
acquitted, and the trials were very uninteresting.

At the Cambridge Assizes, which ended on Fri-
day last, Gtorge Ja34, irtilinasSastik, and Das. AA
forging Bank of England Notes, ware con-
vifted, and sentenced to fourteen years transpor
tation ; Wm. Doekerell, for stealing beans, and jam
Malhey, for stealing stockings, were each sentenced
to seven years transportation.
Respefting the squadron which lately sailed from
Rochefort, no certain intelligence has yet been re-
ceived, even by Government. The subjoined !elm.,
from an Officer on board the Veteran, received by
the last Lisbon Mail, may be considered as the latest
account that has been received on this subjed:—

" Veteran, of Lisbon, March 4th, 1803
" Our destination is altered, and, instead of r, %,:tinlttg with
the Ferrol squadion, we are, iii with five sail inore
of the line, under Admiral Coena ANIL, sent in pursuit of the
French squadron which escaped some time ago from Ruche-
let, and which was generally supposed to It.tre got into Ferrol.
On our arrival there we found, to out utter aeitonishment, that
they had not been seen in that quarter, and we are now going
the Lori: knows whither, in pining of them. Conjecture, in.
deed, is exhausted on this subject. The West mid the East
ladles, the Mediterranean, the Brasil., &c. have been thought
of; but nothing certain on this sultiect is known. la my 00.
nion, set are destined for the West Ind'!,. Id t not say this,
tiowevr-', in consequence of any particular information I have
seceived."
On Mon,lay, at three o'clock, p. in. came on shore
Annstown Bay, to the windward of Tramore,
cnnnty of Waterford, a large ship, from the Ha-
van.,all, with sugar, coffee, and cotton ; prize to the
Afdpomehr. Much or the cargo may be saved, but
abs is in danger ; people all sated.