The British Press; or, Morning Literary Advertiser.
London, England, 1805-01-30 00:00:00

CHORAL FUND.

The musical season commenced on Monday even- '
ing, with a Grand Concert, for the benefit of the
Choral Fund, at the Haymarket Theatre, under
the patronage of His Royal Highness the Duke of
CLARENCE. The Society, on this occasion, provided
for their subscribers and the public, a treat, rich
in novelty, and first-rate talents. The performance
cnmmrnced with the Overture and Chorus to .leit
a. i Galatea, which was followed by a charming
Italian song by Miss CORRCY. To this succeeded
lfr. Bove t's charming duet, Here shalt eel Charity
• •ir, which was admirably executed by Messrs.
llia 'woo and TIRRTLZMAN. This Conceit, too,
la•oduced its infant prodigy. Master GATT ix, a boy
only nine years of age, performed one of JA NIWICK'S
1/).N.cerior on the vioim, in a style of excellence that
astonished the whole of the Orchestra, as well as the
snolience. He received, as he deserved, the most
nithusiatic applause. 'Floe veteran BA RT II EL ENRON
gave his annual treat of one of Co RR EL I I'S Solos on
eie violin. Mr. Goss had a li.,e opportunity of dis-
playing his excellent alto voice in the air of
.7ehotioh
rroan'd. The amateurs were enraptured with sound
harmony in the incomparable duet of When the ear
bard liar, by Madame 110 noels', and Messrs.
Ha a nisou, Goss, and BARrt !SIAN. The chorus that
followed was extremely appropriate to the charit-
able purpose of the concert, He deliver, d the poor that
v't J. A Mrs. ARNOLD made her first appearance ;
hitt she did not display any extraordinary powers.
We never heard Mr. HARRISON greater than in the
oPe I.ng , f The Messiah, and Mr. LiN I. Iv gave an
exquisite treat in anew concerto upon the violoncello,
cantnencing with a beautiful allegro movement.
The attention of an audience was never more power-
kill, arrested by any performance. Mr. BARTLE-
NAN wait deservedly encored in 0 Lord, hare mercy
eosin to-, by I:caoot.ssi. .rwt, air was happily re-
-1 lievel by the iin/e4 ever b, is ht mad Fair of Madame
111 A ACIdl. It has not been executed in a more finish-

ed style since the youthful days of Mr. %Veto..
The choruses were extremely 4rand, and well
filled by the members of the institution. The whole
was under the d;re:lion of that able conduanr.
Gat ATOIZEZ. The house overfloteed in every part,
and a numlwr of persons of distinEtinn were present.
Lady llaxitt.roa and a large party filled the Prince
et Wa t. es'. box.

.

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• .•
BOURT OF RING'S BENCH, WESTMINSTER, JAL M.
This morning being appointed for the attendance
of the term Grand Jury, Mr. Justice Gs rise, after
informing them of the several matters which were to
be laid before them, observed, that it was a neces-
sary duty to punish crimes ; but it was a righteous
aft to prevent them, by the wisdom of precept, and
by the influence of example. He said he had fre-
quently seen many of the gentlemen before him on
a like occasion, who had aeted with so much pro.
priety, in the exercise of the very important duty
then committed to their charge, that it was unne-
cessary for him to observe upon the various objets
to which their attention would be called ; he knew

they were perfeCtly conversant with them ; and con-
cluded by saying, that he was confident they had
every disposition, faithfully to discharge the trust
reposed in them.
COLE U. GORE and ANOEHER.
This was an aFtion brought by the Overseer of a
Parish, aga:nst the Defendants, upon their joint
promissory notes, for 201. under the following cir-

cumstances :
A female, of the name.of Mary Taylor, went be-
fore the parish officers, and swore that she WAS preg-
nant of a bastard child, of whom the Defendant,
Gore, was the father: in consequence of which, a
warrant was issued, he was apprehended, and
brought before them. The parish officers then
agreed to compromise the matter, and accept his
promissory mites, payable at three several periods,
for '2 ni. upon receipt of which, they engaged to in-
demnify him from all haute charges. At the same
time, the Defendant Gore asked, if the child should

•
die, would he still be liable for the whole ? to which
be received an answer in the affirmative.
[tie first of these notes became due on the 1 Ith of
June; and on the 17th, Mary Tay.lor was delivered
of an infant, still-born. The Defendant thereupon
tendered 51. to the parish officers, and alleged at the
same time, that they had only expended the sum of

31. 12s
The anion being tried, a yeti:lkt was had for the
Plaintiff, subjet to the question, whcther the notes
in question were given tor A fall, and valuable con-
sideration.
Mr. Res'r, for the Plaintiff, contended that he had
a right to recover the whole amount of the bills, in
as much as they were given in payment of an un-
certain indemnification : to support this proposition,
the Learned Serjeant went at great length into
the argument, and Mr. Getsav, on the part of the
Defendant on the other hand, contest led it that was

a smart of wager or gamblirg transaaion„ which WAS
made upon an event in which the party was mate-
rially interested, and therefore the Legislature would
not recognise such a contra&t. The woman being
with child was certainly chargeable upon the pa.
rish, and in that ease the churchwardens and over-
seers had a duty to perform : they mighttunder the
statute take a security to indemnify the parish ; but
they could not accept :t particular sum thi. might
have been an improvident bargain, and tine aarish
WAS not hound by it ; if those pl-adtices were to be
allowed, they would he most mischievous in their
consequences : he fin ther observe:l, that it was very
frequently known that parish officers made merry
upon money obtained in this way, it was, therefore,
sound policy to prevent this praaiee ; and it was
extremely improper to take those sort of notes ; the
statutehad pointed out the line which they were to
draw, and beyond this they were not to go ; he
therefore ar hued the question upon general princi-
ples, and stiSmitted, that the notes in question were
without e ,asideration, except as fir as the parish had
been damnified.
Lord EL' Essoftounir, in pronouncing the judg-
ment of the Court, observed, that this contraa was
void from public policy; it was no more than a per-
son entering into a speculation contraa of gain and
loss. The law was very jealous of tru tees in all
cases, and considered these parish officers in that
light. It overseers were to be permitted to make
these bargains for their own profit, it would be ad-
mitting a temptation to treat whit negligence an im-
portant duty. T. le law had pointed out a path
which they should follow, and had already said
what should be their objea. In the present case, it
appeared nothing more nor less than a speculation,
which, if it were to be countenanced, would give a
temptation to those who were charged with the care
of children of this description, to abridge their ex-
pences, and, perhaps, tend to their non-existence.
It was converting the statute into a mode of op-
pression, and, upon the whole, was contrary to sound
policy, and destrufive of moral reaitude The
Court, therefore, gave judgment for the Defendant.
CUALLENGF..
Mr. GAR sow moved for liberty to file a crimi
nal information against a Gentleman of the name
of Savage, for a violent assault upon a Mr Hunt,
with intent to provoke him tta send a challenge to
fight a duel.
This transaftion took place upon a gaming ac-
count, and Mr. Savage conduced himself in a
very ravage and outrageous manner. The applica-
tion was made upon the affidavit of Mr. Hunt,
which stated, that, being in company with Sir Wil-
liam Rawlins, Knight, lately one of the Sheriffs for
the County of Middlesex, and the Defendant, they
all sat down t.'gether to play cards ; the game was
100, and they had played for some time, when Mr.
Hunt observed that Mr. Savage did not play
trumps, by which means he won the pool; he con-
tinued to play in this manner for some time, and
committed several mistakes,in consetpienceof which
he won a considerable sum of money, and at last
took all the silver in the pool, which the other con-
ceiving he had no right to do, remonstrated with
him, told him he hoped he would a5l like a gentle-
man, in correaing himself, and requested that he
would restore the money. The Defendant Savage,
without any other provocation, abused him, and
immediately struck Mr. Hunt a violent blow on the
temple, which the other returned, and Savage then
lett the roans, intimating to Hunt that he knew
where he was to be found. He therefore trusted
thei• Lordships would grant a conditional Rule for
this very improper concha.
Lord Et ten BaROUOK—u It appears to me, that
there was foul language used on both sides, it is
that sort of transaaion in which I don't think we
ought to interfere, and the parties may as well try
this question in the Court below."
Rs.le refused.

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IMPRESSED SEAMEN'. '
Mr. Cum moved for a Naha: Coll.to bring
up the body of one William Jones, an impressed
seaman, who had been impressed, not because he
was liable, but for misconduCt. It appeared from
the affidavit, that he was the mate of the brig British
QN-ea, and was entitled to a half share in this ves-
sel, front whence, and the instructions given to the
officers in the impress service. who, fur obvious rea-
sons, were ordered not to molest the mates of, mer-
chantmen. he was entitled to he discharged. Ap-
plication had been made to the Lords of the Admi-
ralty upon the subject, and it appeared that the
brig was lashed to one of His Majesty's tenders, in
stress of weather, which was necessary for the
safety of both. This man, however, was seen
with an axe in his hand, going to cut the cable
which kept them together, and, although caution-
ed, he persisted in his intention, when the Lieu-
tenant of the Tender, who was the commanding
officer, ordered him to be brought on board,
and from thence sent him to one of His Majesty's
ships of war. He was afterwards sent round to the
Nore, as an example to other merchantmen, and
then kept. It was very necessary a good under-
standing should subsist between these parties ; he
therefore hoped, as the Impress Officers had posi-
tive instruCtions given them not to press mates of
merchantmen, and as, in the present instance, his
client had been detained for the purpose of example,
and not otherwise, their Lordships would grant the
Rule.

Lord ELLtNnok CGH said, that the question for
the Court was, whether he WAS that description of
person liable to be impressed or not ? and upon that
only they could decide. He, however, advised that
a further communication might be had with come of
the Gentlemen of the Admiralty; who, he had no
doubt, would, in the event, see that there were no
grounds for detaining this man and have the matter
adjusted. He had always found the gentlemen in
public offices extremely ready to give attention to
applications of this nature ; and, therefore, recom-
mended to the party to make a second application
in that quarter.