The British Press; or, Morning Literary Advertiser.
London, England, 1806-03-31 00:00:00

MRS. MOrifiri IN'. CONCERT

Was
114.121 I.+st Friday 4,14 VD 14110111211, where
upwiros at SOO persons were Fresent, many of the
first fashion ; it was conducted with that polite di-
g— whch always reigns when thn travelling
Priestess of musical taste presides. Several Con-
certs and Overtures were performed by some of the
first musical performers. Mrs. MOUNTAIN sang a
favourite Brarsra song, in which she was accom-
panied by Mr. Nlot)NT trs on the Viola, in his
esual marked stile of excellence, both of whom were
highly applauded by the company ; the whole con.
eluded with the popular Air of (101 sate the Kw:.
Several Pieces, Vocal and Instrumental, were
performed by amateurs of fashion.

_- ---
We are sorry to state, that there is reason to sup-
pose that the FOreilrele sloop of war. Capt. DAVIS,
has been captured .'n the coast of Africa.
A letter from Dublin, dated March 21., says,—
" The Lennon packet, Capt. SKlNrltli, arrived here
this morning, at eleven o'clock, with the Lord Lieu-
tenant's Chief Secretary, Mr. Et Li or, and his suite,
on board. He was met at the Pigeon House by
several of his old Irish acquaintances."
On Wednesday mnruisg last, four men, who
seemed to be foreigners, landed at Recalver, a few
miles from Margate, from a small boat, and went
to a public house. and ordered something to eat and
drink. Their appearance, and speaking broken
English. ceased a suspicion not very favourable,
and a man went from Heculver to Margate, and in-
formed the Lieut. of the impress service there, who
immediately proceeded to Iteculver, with a part of
his gang ; and, on conversing with the strangers,
and questioning them, he thought himself warranted
to take them to Margate for examination, where it
came out, that they were all French prisoners, who
had broken their parole. Two ea them were Lieute-
nants of French men of war, ;sad the other two Mas-
ters of privateers; one of them commanded the
Vim:cress privateer, that was lately taken, and he
forntely commanded one of the passage-boats from
Calais to Dover. On this discovery, they wire all
marched to Deal. under a proper escort, to be pro-
perly taken care of. It is supposed. they were
part of those prisoners who made their escape,
rod were advertised a few days ►ince.
The following's the House List. for Governors
and Directors of the Hank of England, for the year
ensuing

12011E•11111,11.
&Pen. Lours. I.q Gov.-eon?.
Sir Break warisun, But and Ald. Deja. Governce,
DISICT.SII
Al,rxanrie• &sits', EN Welimn Mellt.h,
Thomas Boddiugton, Es Srl Richard Nesse, Bart.
Samuel Basatiquiss, E-q Cha.les risk, Esq.
John Esq. Thom. Raikm,
Como:ins Rolle% Esq. Job.. SAL -r kichards, EN.
A tosserrhar Chaainino, q. Edosnd S.rue.in, Esq.
Id (*.me i Cone?. Esq. Holey Sas.th,
Samuel !Anse, Esq. Samuel Elkaolin., IN.
haillani l alre Forneh, Esq. Sse,iha,i
H..i.iars Rm. Samuel Turley, jun Esq.
J r.io Jiassak Holhand, Ey. .161111 E
The. um:. Esq. Ide.qamm lA'ffithroptoi
EN.
The die.2ion for Governor And Deputy-Governor
will he held on Tuesday, the let ; and 4 Directors,
on Wed inlay. the 21 of April next. from ten in
the krertoon, till four in the afterncort.

I`..lir ratiGENCE:

COURT OF CAANCFRY, I.turnLis's 12,K, NiAwt4 29.

rA-FENTEvs
L “srt.t.t r. Tilt SASON TON moraine.
The Socicoroa-Geneaac stated, that this was
an application to procure the patent granted by His
Mtijei.ty to the Petitioner, to be coMpleted by pass-
ing the Croat Seal. The Patent was granted un-
der the authority cf the Attortik),Getieral, for
new invention in the macufadure of soap, when
the Respondent, Barnn Von Doornik, entered
a got against its posing the Great S-al, on
the ,ir..unas that he load obtained a previous patent
fear the sante invention, in the month of April, 1305.
In this latter gentleman's patent he described his
invention to be the introduElion and use of marl, or
saponaceons earth, which went through a certain
process, and was an ingredient never before used in
making soap. The Petitioner's soap, the Learned
Counsel contended, was an improvement in the
making of yellow or palm soap, sshich was martu-
(Anted with a quantity of linseed oil, instead of
tallow; and it was for the purpose of correffing
the pernicious qualities of this ingredient, that the
Petitioner had introduced an alluminous earth in
making it, which was an invention never before in
existence, and totally different in all its parts from
to at of the Respondent. The Petitioner swore,
that he never had used the invention of that Gen-
tleman, and it was for him to spew that the former
was obtaining a patent for his invention. Long
before the patent of the Petitioner was granted, be
had entered a carrot against any other person ap-
plying for a patent for soap, so satisfied was he
that this was an entire new invention. This allu-
minous earth had particles of salt in it, and was
wholly different iu its quality from marl or saps-
nacenus earth, which last was unknown in che-
mistry.
Mr. /boor, on the same side, observed, that, in
granting patents, the Attorney-General always
looks personally into the business ; and, in the pre-
sent case, several persons, well skilled in chemistry,
were examined, who satisfied him that they were
totally different. But to take up the question upon
public grounds, he sepaosed, for argument, that the
distilling spirits trom grain was a new invention ;
and if a man had obtained a pateat for extrafling
spirits from barley, could it be contended that An-
other Irian was net t a have a pat. rat, because lie had
discovered it c•nild daai.e tram oats.
Mr. PSRCIVAL observed, that he was nnt con-
cerned in the cause. hut, at the time Mr. ',melte',
patent was gannted, he was Attorney-General, and
several persons, ski Led iu, and conversant with, the
subjen, were examined, and convinced him they
were totally different inventions.
Loan CRANCELSOIt--" The affidavit of Baron
Von Doornik says, both h ive m arl in them ; Mr.
Lasselle says, his is male on quite a different prin-
ciple. I know that an earth cf this kind is f.aund,
in great quantities, on part of my Lord Warwick's
estate, and I hope it may turn out of great ad-
vantage to him."
The SOL ICI ton-Gegen 4 L replied, that that was
the identical earth made toe of by the Baron, and
he understood that Noble Lord was principally con-
cerned in the inanufaCtoi y.
Mr. Jonowton, foe the Respondent, contended
that this was art infringement upon the Baron's pa-
tent, and hoped the Court we uld be induced to
look further into it. The great virtue of his Cli-
ent's soap was its washing as well in sea or hard
water as any other ; and was, therefore, a most im-
portant article for the use of the Navy ; and the in-
jury to the Respondent was, of course, the greater.
It was very difficult for him to chew what ingredi-
ents another had been making use of ; but from the
grounds and faCts of the case it might be sus-
peecd he had been using the same : the words of
his patent were the same—ft The introduCtion or
combination of earth with other ingredients in the
snaking of snap ;" and Il the analyzation was right,
there were alluminous particles in marl, so that the
invention was one and the same. *I be Respondent
had obtained his patent is April 1805, and the Pe-
titioner entered his canal against all other patents
on soap, in the following Oitober, and did not ap-
ply for a patent till January 1806. It was a ques-
tion of great importance to Baron Von Doornik,
as the invention was found to be of the greatest uti-
lity, and he had certificates to that effed from some
of the greatest charadets in his Majesty's Navy, if it
were thought necessary to produce them. Under all
the circumstances, he hoped his Lordship would ex-
amine persons upon the subjed, before he would
finally decide ; and adverted to the late Lord Chan-
cellor (Eldon) who took three days to consider, in
the case of a person applying for a patent far a har-
ness to prevent horses running away with a car-
riage: in that ease, Lord Eldon examined the par-
ties several times in private.
Specimensof both soaps were produced in Court;
Ind after a minute inspesclinn,
The LORD CH Asices.Loit said, " Very different
opinions have been entertained with respeft to
patents. Some p.rsons, both high commercial
characters, and in the law, have had a great anti-
pathy to granting them ; and I remember in the
time of Justice Bulbar, it was, with the utmost diffi-
culty, one could be obtained ; others, on the con-
trary, thought otherwise; and believed it to be of
the greatest utility, by encouraging ingenious and
industrious persons ; I think the middle plan the
best, and that patents ought tot to be granted
on light or frontons grounds; but the question
before me• is, not whether they be inventions
beneficial to the public, nor do I wish to derogate
from the useful qualities of either; they are both
before me, and are as different from each other as
any two things can possibly be, the one (Baron
Von Doornick's) is hard nearly as stone, of a dare
colour, and as I rass my finger along it, there ap-
p. ars to be some sandy paricles through ir, and it
acts las frielion : the other (Mr. Lasselle's,) is so soft
that I shall not touch it again, I have spoiled my
glow's, and dirtied my note book. It IS only allow-
ing this Gentleman to make the King's Coat of
Arms a wrapper for his soap. The earth on Lord
Vi arosick's estate is of a saponaceoun nature, Ali
very beneficial ; but if only to be found ca that
estate, that Noble Lord may perhaps dispose of it to
whom he pleas.... If after the Petitioner's patent
has passed the Great Seal, Mr. Von Doormirk finds
he is injured, and can with safety bring his soap

RW•11‘,1171

into d Codrt of Law, that remedy is still open to
him, hut 1 cannot refuse the patent upou et, grounds
no's, before the Court.
at,orraerNT.
Mr. Carnarstosa anp!icat, at the rising of the
Court, for leave for the Tipsraff of the Court to at.
tend at the Parish Church of sr. Marv's, Strand.
and be present at the re-celebration r f the marriage
ceremony, between Mr. hlarliews at.d Miss Ber-
ner% pursuant to an order of the Court, the Ltrer
being a Ward of Ch.atirery, who had eloped with
Mr. N:atthews to Gretna green, that gentleman now
being a prisoner in t! e Fleet, by order if the late
Chancellor, for contenirt in so doing. This ;ease.
we have Lid before enr readers in foto= papers.
HOME C/ //rUIT.
vans:rein, reara %Y. MARCH
THE DLit OP qusenseritay v. RUI.I.LIS.
This was an anion hrrsught by his Grace the '
Duke of Qaeensherry agamst the Defendant, for
a trespass, it, removing an iron oar from his palli.
sadaes, which inclose the lawn fronting his villa at
Richmond; on the Thames side. This was a ques-
tion of great importance to his Grace, as the result
most tnaterially diminishes the beauty of his war.
It was a contest between him and the inhabitants
of
the town, whether he had not encroached on their ,
parade, and converted a part of their walk in•o his
lawn. The trial was by a Special Jury, and lasted
nearly the whole day.
Mr. Gt:Rser, as Junior Counsel for the Duke,
stated the anion was for a trespass, to which the De-
fendant had pleaded first Not Guilty; second. !hat
the place where the suppnsed trespass wen commit-
ted, was a pl one where oil persons had a right to
walk at all times; third, that it was a part of the
waste of tl:e manor of Richmend, and that a!! the
inhabitants of the town had a right of walking there
for air and recreation at all times, and Oleo justified
under that right ; fourth, that there was an ancient
path by the river side, and that when the flood
covered that path, that there was a right of way
corcugh the close.
Mr. Serjeant Sucrose:tn. having first stared the
question, as i! ann.ennt of the pleadings, observed,
it the Defendant conl.! recover in this anion, he did
not see bow the Doke could refuse a right of vray,
through his own library windows. This anion was
of itself a Most ungracioua one; for the Duke bad
done much to accommodate the inhabitants of Rich-
mond ; he had made them a high ant dry terrace-
walk, where they cosh' now, at all times, pass
along comfortalde, where formerly they were fre-
qnently swamped. Those who knew the spot, wculd
recollen. that in front of the house there was a
lawn, with an open pallisado; before that was a
gravel walk, and the outside the gravel walk, and
next the river, the towing path, which was made by
the city of Lonaon. There was no question, but that
the river formerly flawed higher than it nose did, and
there was not that good towing path which at pre-
sent exists. In the year 1739, when the place in
question was granted to Lord Cholmondeley, the
river no doubt flowed up as high as the boundary
of the inclosure ; that Noble Lord embanked it all
along, and built a wall, which very much improved
the place, and kept the tile farther back ; and he
should call witnesses. who would prove that-thee
present terrace walk, raised by the Duke of Queens-
berry, was one font eleven inches higher than the
top of the wall raised by Lord Chohnondeky. If
such we,' the ancient state of the place, as he should
'hew it was, viz. a mere swamp and marsh, what
became of the too first pleas of the Defendant,
that it was, from ancient times, a place of walking
for air and recreation I Unless his Learned Fr iced.
Mr. Garrow, could people Richmond with wad
decks. whose recreation war dabbling in the mud,
there was no other sort of inhabitants it could s-rve
as a place of recreatioa, certainly not then, as now ;
for the smut ladies of Richmond could searreiy
walk in silk stockings and thin shoes, where the
fishermen could hardly pass without being over
their bont.tops. Ile had already stated to them,
that there was now a good path by the river side ;
admitting, therefore, that there was a right of way
by the river side, and that the course of that way
lay, anciently, b,'lnre the river was embanked, far-
ther back, in the direftion through the inclosure. It
could not now be the path. because a river-way was
the thing claimed, and the old course of the path
would be useless as such, when new land was raised
between it and t!.e river. Ihe Defendant, there-
fore, could not justify under that necessity, be-
cause he had now, at all times, a good way on the
towing path, and if not there, he had along the
gravel- walk, which was between the towing path
and the pallisadoes. As, therefure, this trespass
MAR wanton and useless, he trusted the Jury would
establish the right of the Duke by their verdin.
Mr. Mason, g ardener to the Duke, proved the
breaking down of the iron rail. It was a trespass
committed by agreement, in order to try the right.
A great number of the oil inhabitants of Rich-
mond- were then called, and every one of them,
though called for the Duke, completely negatived
his claim. Their testimony uniformly proved,
that anciently hit lawn was part of the waste, and
that there was always a right of way past the win-
dows of that house ; they all stated, that be had
made great improvements; that the place was for-
merly a mere ten, mod that they were frequently
obliged to tow their boats up to their knees in water;
brit they agreed that it was always a way and a
place where people walked, and :he hoes played
when it was dry.
Mr. Crimson having replied.
The Learned Judge HS* TA thought the De-
fendant had clearly, in point of law, made out
hWiustilication„ The Joey found a Verdin for the
Defendant, the consequence of which is, that the
lawn must bet/trona open. as the Duke enjoys at
only bay %airframe..
The Duchess of York was in Court, and sat out
the whole trial.