The British Press; or, Morning Literary Advertiser.
London, England, 1805-08-15 00:00:00

DOVER. Auouc•r 13.

This morning, the .1/04e v gttn.brig. Vent. Sim.
mom, with dispatches from Rear Admiral Dougi..,
off Boulogne, for Admiral Lord Keith, in the ILWIIs,
carne to Mr this harbour, and a boat came Oil Shine
ft om the taker of which we learned that the heart
tiring heard yesterday and the night betore, from !] c
quarter of Boulogne, w.ts betneen such of tht
French flotilla as had got out of the harbour, thvr
batteries, and our ships of war. 1 4111 Sony to ad.!,
that notwithstanding the long continuance of the
tiring, nn capture of :Any of their boats was the cot.
vrquence. The Monkey kft off Lou! tglie tea gut.
buigs. fain- frigates, and a 50 gun ship.
The s-Idirs here, and all along the coast, are all
is math:it's at a manteiti's

DUHLiN: Avcusr le.

rnivArr. CON Iif:VJNDENCE.

Luke ilifhite k a/161,4y emptryed eanvessinct the
County of Dublin, aid, fri.m the corSiel reeintion
he has m.. 1 with from t:re great maj.irny of the
electors, has every proved of sueoess; either in
case of Mr. Faßrener vat sting his seat, which, it is
said, he intends to do: of in the event of a general
eleßion. Whatever may be the ,veut of the preset
cnuest for Duero. Lord Castlereagh wilt no: !taro
he rem.itest chance of stuccos, I taiderstantl, upon
any future occasion.. Many of CiPionell4.4,it's
d -.est relatives, and must fawn fe, were to..
tally unprepared, front An idt,t that his Lordship's
ministerial elevation was of very prohable, and, of
p.ourse, that there wauld be no opportunity attar.
eking their franchises until the general eledion ;
'othifs of them had adcatly pramis.d th^ir
%Ippon to Lord Castlereagh, in ignorance o
Mrade's intentions.
On Tuesday last, Mr. Baron M'Cleland and Mr.
Serjeant Moore • opened their Commission .t D.:n.
(I,llk. There was little or no business, eitlirr eib,: or
criminal, to detain them, in that the assize scuc.:T
listed two hours. The Assizes at Phi!ipstir..,...e
net ofdonger duration, nor was the quantity ); b.
slots. transuded at them greater,

DOWN Et. ECT I Ot4.—StAte of the Pull.
Nitr TN D•Y.
Fitt. T. t C,,! .
t_ 3.1..tat1e . .
Majority

. 1199
. 1176

. , .

At the I tte Gloucester Elation, the Ker. Mr.
Roo ERE, of flucclicote, in the course of his reconi-
mendatory speech foe Capt. Mot kis, said, " Gentle-
mm, m speaking of hint I cannot bit TeCOlie, as
indeed you must all du, t!‘e spirit and alacrity with
which he alone, of all the Gentlemen in the vicinity
of this city, stood forth in the hour of da
defence of property and order; that, at the awful
period when a motiny, which made men's beers
shrink within them, raged in our navy ; when as
were threatened with foreign invasion' and don:cool
insurreetion ; that ke, Gentlemen, with a val
great expence, AS well as great personal
brought forward a most teSpeeblble body of civoat
for the preservation of social order, and the prole,-
Lion of our persons and properties ; that he 55.45 al-
ways found at their grad during the last war; tit•:c
he has also repeated his services on the In-ea/two;
out of the ',regent, and still continues them."
The It oyal York Mary-la-bonne Volunteers,cfm-
mended by Lord DLINCANNON, will assemble :a
complete marching order on Monday next, tole
inspected by the Earl of BA s ails Y.
On Friday week, the prizes given by Colonel
JOHN LEICESTER to tire two best swordsmen of tar
Karl of Cat-steles Cheshire Yeomanry, weze rl
tended for an speed in Table), Park ; the deeisiou was
made in favour of Liens, of Ashton Hayes true?,
and Otos, of the Kmusferd troop, whose merit.
were deemed quite equal.
The following charaaeristie anecdotz is rchteJ •
the Emperor NIA POLEUH. Shortly kef're the ,:e-
-parture of the EMPEROR for Italy. the banker,
CHIC, was directed to wait upon him. Convisir::
that some financial speculation was the motive ei
this message, and trusting in his influence, he gave
promises of patronage to several persons. He
hastened to court, and was announced. Instead
being introduced into the Cabinet, the Krarcto.:,
with a pen in his mouth, appeared at the hall-" 1""
door, and addressed him in the hillowirg serreal,e
:ems :—" 44! en,M c it, on do qae cwitioons sur
lee enter pablieJ ; or oda Inno aerier encore grit
.01S1
POW ogres e,forre a onus.—" Why, MICHEL, I am.
formed, that you gamble in the public tundi;
this should happen once more, you will have to dn
with me." Upon this he returned to his cabinii.
and left Micitat. standing with a face of woeful

3RIGH7'OIf, Auourr 12.

To give a description of the interior of the Pavi-
gen, is not within the limits of a letter. Tim deco-
rations are ill in the Egyptian style ; the beauty of
the lustre., the refletllion of the tii:rrors and the Fir:l-
- of the illuminations, and the playing of the
band, attra3ed such crowds, that all the avenues
were filled with speaators. The dinner was in the
usual style of magnificence. At ten o'clock the
PRINCE, th • Itiv •a. Duxes, all in uniforms, and the
whole Rov St. PA wr v, entered the hall-room, which
was honoured with the presence of every rersnn of dis-
tinction here. The Duchess of Miser. nosonon, Mar-
chioness of HEADFORT, Earl of PETER BOROUGH,
and Lord VILLIERS, in addition to those I have .0
often named to you. At nne o'clock the supper was
annonnced, which cons sted of every &bogey the
coon could produce. The decorations of the tables
.I.nred the greatest taste, nor were the arrange-
ments without doors less judicious: all the avenues
were guarded to avoid intrusion from those who did
not attend the hall. It is computed eight hundred
fashionable! were present. At two o'clock His
Roy AL lirottnrss retired. and at four the rooms
were cleared. In addition to the usual band, the
Prince's played all night at the Castle ; the town
wis one blaze of light ; the most conspicuous were
Mr. T*4 A nsolo's library, a beautiful transparency,
end the letters G.P.W. headed three columns, en-
circled with coloured lamps ; hir.W t Lxes's library ;
Mr. BARRAN°, the fruiterer, South-row, Steyne ;
tbe castle, play house, coach afi, es ; indeed, every
person vied in the b:illiancy of their illuminations.
A brilliant star, with 4. Long live the Prince of
Wales," was the prevailing device. Nor must
hlrsiGLOlat's ball and supper he forgot; it was given
at the Golden Cross, and nurrer oisly attended by
ail the Naiads ant Tritons of the place. Good hit-
moor and conviviality prevailed,•though some ill-
natured wag, who could not get admittance, thrust
the head of a poor &Mary through the window, who
added his musical sounds to those of the fiddle.
Kitty ladies were refused admittance to the ball at the
Castle, from not having confirmed to the rule pre-
scribed by the Master of the Ceremonies. The head-
dress was a wreath of flowers : the hair Grecian ;
and a comb with the Prince's plume co the back.

TUESDAY.

This morning beautiful ; and crowds of battlers ;
one gentlemen, swimming
_with his hat nn, has
drawn many s,nvot•ators. Mr. ELLIST:JN i; expect-
ed to play Sir Edward Mortimer, in The Iron eked,
hete to-morrow night. At three o'clock, this viter-
rmon, five finn.lreA iif the Gloucester Militia assem-
bied on the parade, with their canteens and great
coats, and tot med in marching order • the Earl of
&MISTILY was present. His Royal the
Duke of Cis A ENCE, accompani‘,l iiy Earl CR A vLs,
then arrived, when the troops were m o died to Ma:-
borough-field, followed by ten pack-horses, a cart
filled with intrenching tools, and an empty wag-
gon. They immediately pitched thirty-six tents,
then struck them, pm them into the waggon, pack id
up the tools, re-loaded the pack-horses. and t eturned
to their parade within half an hour. All the troops
Isay, orders to be ready at the signal yon ; the Ar-
tillny are to proceed to the battery without the
form of rausterin4 at their usual parade. All is ac-
tivity and promptitude here. The Earl of BA It v-
siosE give a breakfast and concert this morning ;
there was some delighful singing; he also has a din-
ner party.
The &eyne is very •full of company, and the
music playing over DoN•tosoa's Library. The
Robe of Csaar%ce and the Duke of Ma et.-
/JROUGII wet; watOug together. The Pa 'see has
a party at the Pavilion to-day; he Las been out
airing.
Captain Et.tis and his beautiful bri Ie ; and Mr.
CORNWALL ELLIS.' his brother, arrived here yester-
day, in two carriages and four, and were at the bail.

The Cygnet siring of war sailed for the Downs in
th • night. Mr, Lt. iJitosroti gives a grind dinner
'hit 4:13y,

SOUTHEND, Au.. IS.

This place is at present so full of company, that
visions find it very difficult to procure beds either
h-re or in ;'htsolirin:,.., villages. The weather
is deli:tie Inky line, and draws out all the beauty of
the alace.
Mrs. bi 'Alp:nos has arrived here on a visit to
Lay HAMILTON on the Terrace.
"Et earrare pares, et reap ,vl-re paratse.•
They were at the Theatre last night to witness the
representation t.f " Inkle and Yarioi," *. Lo eat
goarsels, and " Who's the live?' in which the per-
formers eseTted themselves very successfully. At
the :hi of the play, MTS. TROTTEN, who performed
the charaiter of ‘Vevai with infinite spirit, intes-
sk: •d, atter the song of Goa Sage the Cog. a couple
of additional stanzas in compliment to the birth-day
of His Royal Highness the Prince of WA ca.—
msi k of respeet and attention was highly ap-
plauded by the audience. On all such occasions,
the pet I„• in-rs ate very much i idebted to the kind-
ness of L sly 11A i.cos, who omits no opportu-
ni•r r.t te.ilfyinz her approbation, and the audience
are of case se too gallant, not to enlist with alacrity,
under the batmess of so lovely a leader, and excel-
lent a judge.
Mrs. Enter:am, of whose talents some speak very
loudly, is this evening to deliver, at the Assembly-
Room, her Gleanings of Amy, consisting of Read-
ings, Recitations, and Songs. The company will,
no doubt, be very numerous, as this Lady's perform-
ance is patronised for this night by Lady HAMM-
TnN, as well as many other Ladies of distinction,
whose appearance would at any time be sufficient
to attract the attendance of even a more numerous
suite of Beaus, than are at present at Southend.
The heat of the infant comic 110,Clitt engaged
here, was last night announced at the theatre here
for to-morrow. The parts he is to pet form are those
ofJr6ef and Lingo.
After the entertainment at the Assembly-room
this evening, Lady HAIIILTOU gives a ball, at
which will be present the greatest part, if not all,
at the taskonable visitors.
Amsngst the late arrivals are, Lieutenant Colo-
ad DuitNroao, Mrs. BILLINOTON, Rev. Mr. W•-
ty• Rev, Mr. OLIVER, Mr. MISIZT, Mrs. Batts,
MLLWAID, &c. kc.

•

RULICIL

PtiLIC orrice. 113W-STMT.
DUELLING.
A few days since, the Baron D'l-nbert, a Fr'• ch
Naval Officer, exhibited articles of the peace against
!lenry Gardane and Emilien Manelti, two other
French gentlemen, for challenging him to fight a
duel. The Sitting Magistrate, understanding the
cause of dispute to originate about public affairs,
issued summonses instead of warrants. The pirties
did not attend, agreeable to the sworn oases, host
their attorneys did. This was nat satista 'Tory to the
Baron. On Tuesday, Mr. BOND kited a warrant
for their apprehension, which was gives to loth my
to execute. Yesterday, all the parties attended be-
fore a full bench of Magistrates, consistin•; of Messrs
KINNAIRD, ROSIsISON. ItZAD, end NAISH. The
hearing occupied from one to three o'clock, during
which time much recrimination passed nn both sides,
boils on charges of a political, as well AS of a pri-
vate nature. They were attended by their soh.
citors, as well as•a number of friends.
Lord Minto was among them, and stated hiss
knowledge of the parties, and that it arose from the
surrender of Toulon to this country. The Baron,
upon that occasion, as well as several times since,
bad rend ned particular vices to this country ; hut
his Lordship considered him of a very irritable tern
per, and he had been frequently involved in ahsputes.
His Lordship spoke particularly of his kit Arledge
of Henry Gardane, havieg transaaed 4 d-41 of bun-
nest with him, and consideded loin ♦ery harmless'
and mild in his temper. His Lordship likewise spoke
in favour of Emitien Martelli.

The Magistrates, after a very foil and patent
hearing of the parties, and their solicitors, both in
French and Esglish, thought it ri.eht, from what
came out, to hold all the parties ta keep the peiece,
themselves in Qiiol. and two sureties in 1001 cads.
Lerd Minto offered to be hail far Henry Ctrdane
and klmilien Martelli not being provided wi:h a se-
cond friend, his Lordship observed he knew his fa-
mily very well, and would, if agreeable to the Ma-
gistrates, likewise become bail lir him, which was,
of coarse, eccep:ed. The Baron's solicitors were
admitted his bail.

.....
The recrigni ;antes were ordered by the '.l tgis-
trate: to be returned 'he first day of next Term, in
the Court of King's tiench.

PICK"OCK FTg.

In conseciaeoce of tvery assemblage of cool-
pany being et peeted at Vauxhall Gardens on the
Prince of Wales's Birth-night, Mr. Perkins, the
Manager, engaged Anthony, Rivets, and Donald-
son, to attend, to prevent depreda ions by the dar-
ing gangs of pickpockets. In the immense crowd
that was colleAed round the Water-Kate, about
nine oieloik, they observed a fellow, a well knovin
charatier, named Junes Hent alias Butler, whom
they apprehended, and took to the Vauxhall Cage,
the rest of his gang m ade their escape throitgli the
crowd. A Gzntleman, who was in the Gardens,
said he had his pocket picked, had notice to attend
the Office on Tuesday morning ; but he not appear-
ing, Mr. 841415, the Sitting' Magistrate, ordered
him to be sent am hoard the. Tender, but he was
loom! to he toe/ ola to he admitted.

Yesterday he Was, in consequence, brought to the
Office Again, when Mr. KINN•IIID, very properly,
committed him as a refintei thief, ender the Police
Aft, to Horsemonger-LineGaol. This fellow was
brought to the Office on a similar ehartte on the
last Queen's Binh-slAr, charged with heing con-
cerned with two frma'e pickpockets of the name of
Blakeman and lentlal.

The Rev. Twos. PKIEST IL Y. of fleacham, was
found guilt', of a libel on the charafter and memnry
of the late Rev. STYLEMAN, at the late
Norw7ch Assizes..

According to account; which Dr. Di Ca moo, of
Vienna, has received from the E:tst Indies, no less
than 143,810 persons have been vaccinated there
between the Ist of September 1804 and the 10th
April, 1804. The Rajah of •I'atigore is a aeadnis
supporter a vaccination. and the Devan of Travan-
core has himself submitted to the operation. Amoig
the vaccinated persons were 4141 aramins, 41.806
Malabars, 10,926 Mahometans.
When the Scheme of the present Lottery seas sub,
mitred for the santiinn of the Lords of the Treasury,
they observed that it er .s " Perfealy satisfastory,
and very iageninas."—Thie opinion has been since
!oily ratified by the public approbatina.
Last Sunday afternoon, the son rt Mr. Vt Kt, an
cmi tent grocer at Brighton, went with some com-
p:Li:ions to bathe near Chichester, in which piece he
WAS serving an apprenticeship, and was untortu-
nately drowned ; was just seventeen years of age,
and a most promising young man.
A travelier, who resides' in Spain at the time the
yellow fever was raging these, assures us, that of all
the birds, the sparrow alone had fled the houses in-
fraud with that contagion. Even the choicest food.
was incapable of enticing them to such houses, they
left it untouehed. 'in the contrary, other birds,
not possessing the same initial, perished. The
stay, or the return of the sparrows to a house, was,
therefore, the surest sign that it was free from the
yellow toyer.
Tuesday morning Madame J caws(' lox
paid a visit to the Bank, accompanied by a Gentle-
man and a Lady. She was received with masked
attention aid politeness, and shown through the va-
rious offices. The name of the fair visitor becoming
known, some hundreds of persons assembled to see
her return to her carriage, which waited at the front
of the building. The spectators were, however,
greatly disappointed in not being permitted to see
her face, which she concealed by her veil; and no
sooner Was she seated in her carriage, than the blinds
were let down.
We and estand that the great chain of feignal
towers, or tizlensible posts, bedding in the south of
Ireland, under the inspedion of Major G-n. Ps It+ t,
are nearly finished, and that the hifinwing are al-
ready comphee. via. in the county of Kerry • Bolus-
head, Brea-head, Great-blaskets, Sybil-head, Bally-
david-head. and Kerry-head ; its the county of
Claret Khocknagaroon, rlags-head, Ballard and
Loops-head; that oo Mutton.island, situated also in
the county of Clare. between flags-head and Bal.
tard, building by Mr. Maher, will be complete in
few days. Hags-head is occypied by a detachment
ender a naval officer. Th 2 post on Hog-island, in
the river Shannon, when built, will complete the
chain of guatd houses is the Liteesick Distridt,

LAW 11VTELLIGEKCE.

COURT OF CHIINCFKI---Wanna•u4r; AUGUST :4
_ _

DRURY-LANE THEATRV.
SIR RICH ART. TOAD, GiAli AM, end 0 [Writs, T NtIS—
TRES far catain of the Rs 'ATER% or DRVIY-L4IIII
T 22212 19.14 e PROPRILIORs awl MANAGERS of
lie sow.

This petition was preferred by the Plaintiffs, and
prayed that they mig:it be at liberty to enter into,
tike possession. and (Urea the management of the
l'heatre, accotditg to thr t..rms-of the trust deed,
executed an the 14Th of June, 1793.

Mr. It teas au-, oft the part of the Plaintiffs,
stated, that the °lie.% of this petition was. not to
make any alteration in the order of his Lordship,
made in this cause, but su-rely to allow the trustees
t-. have the benefit of that part of the deed of the
14th of 17;6, where it is agreed.' that the•
property and management of the Tim tees should.
he, under chi:tuns:am:es, vested in them, instead of
the present Managers The order m tele by the
Court was, that the deed of the 14-th of June
17•J'1, sb .trld be rartied into effea, by which the
Proprie•ors were to have the management of the
Theatre, re% n-eipg to- the Trust:es or the Renters
appointed and--r the deed, a power of assuming the
management, if ir were hat sati-fannrily executed by •
the Proprietors. I'he in ler oli- • stated, that 401.
16.. night should he p.tiJ by the •I'.e.tsta.,,t, out of the
pmt's of the house, into the Bto s, for she purpose
• dis:•harging the arrears due to the Renters—and
if the profits of. ono season did n-a 411-. w it, then,
that it should be made good in the nett. Pursnant
to this order, in 184, Mr. Saybrook r..•k
of the Theatre, hut no part of the 401. a-might for
the Rtnite-s pai.l into the 114ek.., In con-
sequenee of this, a meeting of the Vrnstees was
held at the Crown and Anchor Tavern, in the
Strand—and it was there resolved, that, in conse-
cptence of this der tult, they should tak,! the ma-
nagement of the Theatre into their own hands,
ac-
cording to theystionlation in she trust deed. A no-
tice was then setved on the Proprietors, stating. that
the 401. a-night had not been paid heo. the Bank,
,•.parsuant to the order, and that 10,0001. was then due,
which if not settled in some manner, this application
woul-1 be mad-. Nn arrangement having taken
place in conseq ,once of that notice, this petition
was preferred, the sun of '22,0001. being now due,
for the purpose of getting the management out of
the hands of the Proprietors; the receipts of the
Theatre nut being so much as they might be, if
better cimdigled, hot not, as Mr. Rich ads stated,
meaning to inter, in the slightest degiee, that the
order made by his Lot.' lrep was not as judicious
and as correct as, under the circuinstahces, it possibly
1, could be.

The Loan Cat A %CRC Lot said he was err grateful
for the approbation the Trustees were ptased to
ewes* of erns tinter; but lie could assure all the par-
ties that he a.tsheartily tired of the management of
Drury-lane Theatre.
Mrt Itsces A OS, in continuation, said, that if this
order was naJe, there was no doubt but his Lord-,
fano wtsuid be relievel from can in tree
httsiriess. here was, in his opinion, no doubt of the
justic- of the &man f s the manner in which the
/wore was condi' 't f, ea ied Ca itloudly ; ce: ta:i.ly.
he said, some of turn' v•no weru uht the list before
the persons wit ..114de t; i. application, had been
paid their &matt ls, but the plaintiffs, or rather the
persons fur sotom they applied, were not in conse-
quence of that ..gre step larther asivanced towards
the receipt of their mores!, as the dotes of
others, who w !U. else higher on the Wit' of creditors
than they, had increased In the same proportion as
the debts of those who had been paid off had
; so that though Three were now fewer
incumbrances befoic them, yet their debts wore
touch greater that% they were when the order was
made. The Plaintiffs wore p-rsuaded, he said, that
i: the management Was taken out of t 6 hands itf the
Iverson who held it tor some time back, the receipts
of the house would be infinitely greater than they
bed been for a considerable time back. He did net
.wish to say any thing harsh of the gentleman who
were Defendants, with respeß to their management
a the funds of the Theatre; but he could not help
observing, that it was not very useful to the charac-
ter, as well as to the funds, of a theatre, to raise
the hopes of the public and of the renters, by
advertising to bring forward a new and beau-
tiful piece, called• The Etery nreLav, and, after going
to an immotiseetpance for scenery, dresses, and de.
cora:toils, navel to bring it forward, and at one and
the same time disappoint the public and waste the
fonds of the the ere.
The Loin CNA scaLLoa said, he supposed Mr.
Rictisecti thought that Sir Richard Ford was the
mow likely person to bring forward fort;
R ICH• DS concluded by saying, that the
prayer pt the petition could be allowed without de-
stroying the order, and that, as nothing as yet had
beers paid to the renters, they had instigated the
trustee* to make this application, 'being firmly r-
loaded that it would be fur the hen lit 01 the theatre,
and for all those who were concet ne 1 in .t.

The Loan 044NC:tittle that the circum-
stances of these remers not being paid could not he
accounted a `reach of the order, as woe of the
other incumhrancers who were before them on the
lit were still unpaid. He had taken every pains in
his power, and, ilter giving the subjea as much
consideration as he possibly could, had made the
order, which he thought best for all parties, but it
appeared now that some of the parties were urn of
the same opinion ; in consequence of which these
trustees prderred this petition; and, though they
do not state any :Ostia:lie misapplication of Le ino.
yet they want to take the man vrnent out of
the hands of the proprietors, without J:sturbing the
mier, though the whole basis of it was that the pro-
prietors sh odd be the ma ,agars. The principal
ground of this demand is, that the receipts of the
house have not been so great as they might have
been with be:ter maitagement. He did nut himself
know much about the receipts of a theatre, nor had
been at this house more Ilan on. e in the cnorse of
Last winter, and he should imagine the receipts of
that night could not he found faith with, for the
house was so full he could scarcely tun in it. It
mismanagement was the ground of complaint, that
ought to have been iiistindly stated in the petition,
and as eo such thing was mentioned, he did not
think he ought to interfere. However, if the par-

~-.,,n

701

ties did not like this, thii, must nnly tilde and sot
~v tier, if they ;Lre and then file a 6111,
whir;l wia brilig nil p,•rs+•^,S cnicernei hots in th•
of l a-vi new Theatre 9?1 ne the Court.

Mr. Rice ARDS hoped his Lo.d.hip would not re.
main of this opinion, as if' thintes wet.: to go trt in
the manner they hid done, the renters would he
compelled to take such steps AS the law would allow ;
the consequence of which would be, that the l'heaue•
must he ruined.
Mr. Tilsowee, op the same side, urge I the ne-
cessity of granting the prtyrr of the. petition, on
account of the small receipt; of the hoitte, and AS,
after three years trial of the present TISAII Neut.' not
one shilling had been psid to the renters, he coos
chtled by saying, that whatever mix it he the opi.
nion of the Court, the Trustees wished that the
renters, whom they repres:mied. shook' he Wormed
of it by his Lordship. as, if it was contrary to the
prayer of the peition, nothing but the order of the
Court would m tke them believe, that it was not for
their benefit to have the management is their own
hands.

The Loan CIIAMCEL 4011 said, that as to the re•
ceipts of the holm, which W 44 b 4) great a cause of
c0rnp1..r..., the en.ire.y depended on who would
hear of slid' . performer as .Taster ; And as 10
disturlAing th, nr .er he had male, by grAnting the
prAyer of the petition, it wAs ies firm mat if it
Wa% disturbed, the concern must he roria...l: how.
ever, he was 4waue is diJ out bind them, if AI
wiohed to set it aside.

Mr. Wtnve, an the part of Harnaiersly *psi Co.
Bankers, in Pall.inali. wi.cse .-it •rests were eir,tre.dyt
reserved by the (mkt, agrird with the Piauitiis,
that the receipt h*d barn 'mann than they Might
to have beef, and hoped, that the pistrion would b.
ail. wed.
Mr. Wcrifse.ev., on the part of the executors of
Mts. Na who had an annui:r of 501. a year on
the Old 'Theatre, anJ whose claim st saes cm
the list, also supported the peietiori. His Lordship'
order, he s.id, consisted of nia-teen artiA.4„ aod
the vehick, settled by the Costa. was an ex. elleht
one. and wrund, if it had "seen prop,oly wed. !lave
dose very weil. and no doubt woulsi have arrives'
at the end of itA journey, :nu unfolteitateir 1-,V his
chem. it was AO baJly 1111.1114,!1. cast it tift)44? /WM
at the fourth stage; so that M'.. sun's Li-vi rile*
were oat in the sli:4!itest &Tree hectefited, as they
were not to have the advantage of it nit is it arrive," •
;t the sixth. Ha hoped, h:r.vever, that hi,. Li: :ship
would, at all events, direct some in'uiry toss the
receipts of the house.

The Are mote GnifanAL, on the part of the
D.tfenda.its, wished to know whether there Was guy
occasion for him to tiler up the time of the s.:oirrz ?
he in hat did not we any arguments he had •t, an-
swer; but it his Lordship ttiou;ltt there vs. Any
necessity, he was ready to proceed.
The LORD Comic' tea was very willin7 to give
up as much time as the case required, bot he did -ot
think this, es it now stood before toe Csurt. loos cif
such a comp!icated oatmeal; to holuce b: in to spend
the whole day at it, And by that means postpoote
tatulaass of 4sser pairem s Thee soother in %which'
des bovines stifild WA , as his LJlSi.bip Said. ref atlY
as fallow;:—fin the true of the old alerts., rice°
were several meumbrances on the prop:oty ; but,
notwithstanding these, new pat•nits were oranted,
and it fun ! WAS raised tot the pnr?oSe of 4nildiog the
new 'I Iteatre. It was en unfortuaate circumstance
that the potent did not confine the another of renter,
but allowed throe who bottro *share to divide and
sob-I vide it into as many parts as they these: ht
proper ; hence crow the great. ::i.fizlot f of bringing
all the parties before •the Colin. A vast pumber of
people embarked in this concern, as it was at Rs
the time quite a fashion to have a share is
Drury-lane 'I he ore, and a gr: I deal of goofs..
siva ret;zned Aniting theta for a considerable
time, until, at length, the deed of Jnt.e 1793.
on which the present appli•tation is made, was etc;
cutest. This deed vested the right of noinagernent
in the proprietors of the Theatre ; but if the/ did
not comply with all the provisions made !n it, then
gave liberty to the Trustees of the Roo Car goers,
who were consieuted by it, to enter And take the
management in their own hands. His Lordship
here cerserved, how ertraord,s.iry it was that so
many resoesa tide per, ens could b_ found wilii.tg to
undertake this trust, and also to become trust—e
of the Turnpikes (toads, and things of that nal
tore ; it appeared to him as it they did lint kuoar
when they emharked in the trust they were
haute to the dell!' as well as to the profits. --.
His Lordship a intimate! : In the order he hail
made, And whfch kept pace with the deei, asi
first person to be looked to was Lis Grace the Dalt*
of Bedford, who owned the land on which the
theatre was built, and who has ot, as yet. made a
lease, nor. of course, will not, until the arrears of
tent due to him are paid off, and the rent for the tu.
tore secure !. What right, he would ask, had 'be
present petitioners to complain that nothing had
been paid to them, when this demand,' w'Ocli un-
doubtedly mho be paid off first, is yet ansati•fied
Ten pounds a n;e.`ir, for every night of perform.
one!, is the extravagant rent paid for the ground
on which the treatte is hullt ; this was mo br set apart
out of the profits of the house, together with Lil.
a night to pay off the at rea:s item article was
41. a night ordered tot* set apart for th• taxes. The
nest was for arrears &Slit to the osor pet formers ; and
certainly these renters could not expea to he paid.
un it those who were to induce Ow matey into the
house were* satisfied: 101. a ri,;ft we 1:1 agent
fur that purpose. The nest wee fol. a night fur
renters who had claim prior to the deed of June,
179:3; and so they went on in the different grata.
lions to the eighteenth article, and then followed a
clause which the Court ioserted. that if these could
not be made good in one season. then that they
shoal l be, as far as possible, m.de mood the next.'
The order then stated, that the right of the trustees
should not be affected, but that they should be at
liberty to apply to tae Court to set aside, or vary,
the order, in such a matmer as shout) be judged ne-
cessary, on a true view of the interest of ail parties.
From these meta*, his Lordship said, he thoight
the trustees could not have any right to ask biro to
vary the order in such a in:tanner as that they should
have the possession in pseterence to those who had
prior _ claims aid field it contrary to the interest of
Ini
the Duke of 13p fiord and the Woo. incumbraucers.
In this Petition there was no aliegatain of trii,oe- A
nagement, and all that it stated is, that certain per!

'!I %
L. ii,
~ ..

s

SUSSEX ASSIZES.

'wont who wets low in the order pointed out by the
Court, have not been pail in preference to those who
were b fore them ; a statement which condemns it-
'Ai. however, if any of the parties please, they
may apply to have the order revoked, and if that i•
-done, they must bring all the parties concerted Iw-
fore the Court ; and. prior to their doing this, they
must consider what their tights are, and what their
Liabilities. I will make no order."
We regret that the Counsel for the Pmprietors
hod not an opportunity to go into an explanation,
which, from most accurate information, we under-
'stand, would have proved, that under the operation
of the ender of the Court, !here hat been nut only a
togation of an -annual debt to the amount of
7 1. but a diminution of incumbrance amounting
wady to 30,0001.

LISIELS. •uciesr 13.
THE. KtNa C. ROSIEST aticin Esq.
Mr. BCRENS stated that this was an information
far an assault upon the Earl of Darnley, with an in.
tent to excite the Noble Earl to send a challenge.
Mr. Gsaaow,leading Counsel for the proecu.
thorn observed, that in order that the Jury should un-
derstand this most extraordinary cause, it was no=
canary to go back, and state some fads in explana-
tion of its origin The Noble ProSecntor and the
Defenaant were related, and for a long time lived an
the beet of terms, when on a sudden the Defendant
wroteet letter to the Earl of Darnley, so long back
as the year 1801, in which he accused the Noble
Earl of vilifying hit chat-a:Er. The Noble Earl was
ettremely surprised, and a correspondence ensued
between them, and common friends on this subjea
The Earl of Darnley was, however, more surprised
at receiving, instead of the Defendant being con-
vinced he darted in error, a second letter, more of-
ten-lye than the first, using such language as gentle-
men never use towards each other without serious
consequences ; in short, it plainly imported a chal-
lenge. The Earl of Darnley, however, knew too
well what was due to hi:. own <bantam-. He ap-
pealed to the Court of King's Bench. On the oc-
casion the Noble Earl most distinaly swore, that he
never illingly, or knowingly, gave Mr. Bligh the
least cause of offence. The Court, on discussion,
ordered the information to be filed, and all that the
Earl of Darnley would have had to do on the trial
was, to have produced the Defendant's letter, and he
most have been conviCted. How did that end? Did
the Earl of Darnley prn‘ecute Mr. Bligh? No. That
gentleman having written an apology, addressed to
his Counsel, sirini-„, he was sorry for what he had
done, the Noble Earl consented to drop the prosecu-
tion. Upon that occasion, the late venerable and
Learned Lord Kenyon seemed to speak with a pro-
phetic spirit; he straggled between his duties as a
Judge and his feelings as a man. He said he was
gl id, as the parries were related, the business had
so endeJ. But he observed, that these evils were
growing. and he feared that when punishment was
comniuted for apology, the influence of it WAS but
small. 'lie event of this business had justified the
predietion, ac the Jury would see from the fans of
presecution. [The Learned Counsel here de.
tailed the faas as are below stated in evidence.]
The Earl of Darnley said he was at Uckfield on
the ailsanf Oaoher. arrived there about four o'clock
in the afternoon, and stopped at the inn for a change
of horses: none being
i ready, the Countess of Darn-
ley and himself went into the ion, and were sliewn
into a room above stairs. While they were up stairs
they saw Mr. Bligh pacing in front of the inn, and
apparently watching their carriage. The Countess
of Darnley and himself came down stairs arm in
arm. He oteerved a person standing in the door-
way, and occupying the whole space. He knew it
to be Mr. high. The Countess of Darnley said,
Is our carriage ready r It was not possible for
them to pass withrett Mr. Bligli's moving. He went
up to him and touched him on the shoulder, and
added, o Will
you let us pass ?" Mr. Bligh gave no
answer. The Cuuntess of Darnley, finding he was
not disposed to give way, laid hold of the witness's
other arm, and said, I will go first." Mr. Bligb
made way just enough for her to pass. The Prose-
cntor fol/owe 1, and as he was going through the
door, Mr Bligh aimed a blow at him. and said,
.4 You are the greatest scoundrel in England." He
was so shocked that lie did use the words imputed to
him, and said he should have taken vengeance on
the spot. On cooler refleftiun, he was sorry that he
had us .d those words. But he was irritated at being
insulted in company with the Countess of Darnley.
Her Ladyship pulled him forward and said, Sure
you will not mind him." Mr. Bligh and himself
arc cousins, and there had been no intercourse be-
tween them fur a considerable time befare this
event.
On cross-examination, he said, he had had no in-
tri course with Mr. Bligh, since the year 1801. He
nut him once at the Opera, in the season of I SOl,
and, from his manner, he suspected that Mr. high
meant to insult him, and therefore he has always
avoided him. His Lordship said, he bad told a
Mr. Taylor, a friend of Mr. Thigh's, that be was
ready to bury all that was passed in oblivion; but,
an it was &mantled as a preliminary, that he should
acknowledge himself in the wrong, he declined it ;
for he was not conscious of ever having done wrong
to Mr. Nigh.
The Countess of Darnley was next called; but
the only question asked her was, whether she was
resent at the transaaion ? to which her Lelyship
answered in the affirmative.
The two servants of the Earl of Darnley were
also called, and they stated the transaaion exaaly
as his Lordship had be:ore detailed it.
Elizabeth Piddingtnn, the mistress of the Inn, at
Uckfield, stated, that oa the day in which the af-
fray happened between Mr. Bligh and the Earl of
Darnley, the former had begun his dinner, but had
cot finished it. The landlord added, that he was
eating his dinner at the time the Earl and Countess
Of Darnli y bad their horses put to.
Mr. Ana a, who same down special to defend Mr.
Bligh, addressed the Jury in an able speech. He
admitted that his client must be found guilty of the
assault ; but be contended that the evidence did not
warrant the inference, that it was done with a
ticw to provoke a chalirege.
MI FIZA TH. in numing up, told the
. .

to be questioned. They would say vith what in
tent the Defendant had committed it.
The Jury found the Prisoner Guile" of the whole.
charge in the indidinent.

THL IOW; P. ItOIMBV and ANOTHER.

Mit was an ialaimation tiled at the Court of
Quit t.:r Sessions by viz tue of a Lite AO of Park--
nient, creating, it a pen -il offence to make a light.
tire, or blaze, for the pat pose of giving signals re
smugglers at se.t. The intormation charged the De-
fendants with inakiiii7 a fine on the 29th of Oelnbet.
ISOS, un the ir gogitor, for the purpos!. of a
signal to a smug :41;11c, boat hove, hug on the coast.
Edward Peac:tani, Officer of Excise, in the parish:
of Pagham, was on duty on the coast, neat Rurstead,
on the S9th of oOtsber, in company with mile,
Custom-house Officers; about two in the morMni
they saw a fire kindled on the Cliff ; Hornby was
the only man attending this fire; at the same time
they saw two men on the sands making flashes; this
was Sheppard and another mars. They saw another
flash in the direaion which Sheppard took ; they
pursued and searched him, and found upon him the
flash pistol. As they passed forward they saw a
smuggling-boat about f20(1 yards from the shore, and
they had no doubt but these dashes were signals to
her. The boat was seized, and contained 330 half-
ankors, and three bags of tobacco. The Defend-
ants were aciuitord, on the ground that the Court
had no jurisdielion, because the information had
not been filed at the nearest Sessions, as the AO
directed.

••-•-•••••••.r ATRICKSON 1.55 and sorts.
This was an aftion fur an assault and false im-
prisonment, by a Captain in the 4th Dragoons,
quartered in barracks here, against the Defendants,
who are Printers in this town. It unflutunately
happens that the military and townsmen are not on
the beat terms, and they have frequent squabbles.
Mr. Ganuow, as leading Counsel in this case*
having dwelt much on the necesnty of harmony be-
tween the citizen and soldier. detailed the faas of
this aition, by which it would appear that the cor.-
duet of the Defendants had been most wanton and
unprovoked. He called the witnesses, who stated
the (*as as follow:

Henry Can;.^ion said, he was in company with
Captain Patrickson, on the 21st day of May.—
After tea, the witness went to the coffee-room. He
came out again, an I stood at the door. Three
014tes of the 4th Dragoons came up, and joined
conversation ; one of them said, here come the
three young men who have jostled me this evening.
When the three young men came up, one of them
exclaimed to the Officer, " Why do you shove me
into the Lame! ?"—Trie Officer said, If you have
any thing to say to me, call on me to-morrow morn-
ing, you know where to find me." Some alterca-
tion ensued between the young men and the Officer.
I have since learned that. Frederick Lee was one of
the young men. The Officer to whom this was ad-
dressed, Noes Mr. Wiilis, a Cornet. Captain Pa-
trickson was then standing on the steps of the Coffee-
room. He desired Captain Patrickson to call away
his brother Officer. Captain Patrickson did call him
away, when one of the young men said to the
Captain, you, Sir, what business have you
to interfere ?" Frederick Lee put himself in a me-
nacing attitude, and gave the Captain a shove ;
upon which he clapped- his hand upon the Captain,
and desired him not to strike, and he would go the
next morning to a Magistrate with him, and punish
him. Capt. Patrickson said, " You little blackguard,
I will punish you for this." The witness and the
Captain were going into the coffee-room. A person
named Miles came forward and collared him. Mr.
Lewis Lee then came up,and enquired \vhat was the
matter? He was told that his brother bad behaved
insolently to one of the Officers. Mr. L. Lee said he
would go into the coffee-room, and hoped he should
be aisle to settle it. A large crowd followed—.
amongst them came Mr. Wm. Lee. The witness
had his attention drawn to Wm. Lee, by his loudly '
exclaiming, Where is the scoundrel who has in-
sulted
my sou ?" A hustle and clamour took place,
and a general cry of " Call the constable." After
the constable had arrived, they cried out, "To the
black hole." He heard Wm. Lee say, " Mr. Con-
stable, take charge of the fellow." Captain Patrick-
son said, he war willing to put himself under the
charge of the Civil Officer. They went out into the
street, and the mob gave a general huzza. While
they were in the room at the Star, the constable
said, he must release him, unless somebody gave
charge of him. Several people called out, " I do,
do." The witness went with the constable to the
Magistrate, but they were told that he was going
or gone to bed, and would not see any body that ,
night. Captain Patrickson was kept in custody all
that night, until three o'clock next day. The wit-
ness advised Lee to let the Plaintiff ge, and be would
answer for his appearance the next day. Lee said,
" At your peril, Silo" to the constable ; " do not
let him go."

In cross•ezamination, the witness said, he saw no
soldiers there ; he heard nu orders to tern out the
%%hole troop. H• saw the black trumpeter in the
caliee-house, who made a hustle. but be was sure
Captain Patrickson struck no blow.

Captain Dalbiack was reading the paper on the
coffee-house steps, when Lewis Lee came up. and
desired the witness would let him pass, as he wanted
to find Capt. Patrickson. In a tew minutes Wm.
Lee c Arne in, accompanied by his son Frederick, and
exclaimed, Where is the scoundrel that has in-
sulted you'" Frederick pointed out Captain Patrick-
son. William Lee said to Captain Patrickson," You
are a d—d scoundrel, and shall be treated according-
ly." A number of people followed, and burst into
the coffee-room. There was a general cry of " The
Constable, and take him to the hole." Capt. Pa-
trickson gave one arm to the constable, and another
to Mr. Campion, and walked out of the room. The
mob gave three hum's, but none of the soldiers
were there. When he got into the Star, the con-
stable said he would not detain him unless some one
gave a written charge. William Lee gave that
charge, and the Plaintiff was detained in custody.
It was about nine when he was first detained, and
he continued in custody until half past three nest
day. There was a black trumpeter who came in
with the crowd. The witness sent him for the Ser.
jeant and the Guard, and ordered the Serjeant to
patrole between the inn and the barracks, and if
'• to send them back to
oi der to preveat th

: •
__' . - .

in the quarrel, in case they 1

• 75,1, 7ralru Vic.• •
CAA's% Filtr,,lff the South Hants Militia, said,
• ihe 4rsOlstrig he saw was Frederick Lee squaring At
• Catitain Patricksuh, and saying, " ll—n you, why
au you interfere ?" He did not see the Plaintiff strike
Lee, and if "he had struck hint he thinks he must
!iave seen hi,s. He saw William Lee come up,
ind rushing into the coffee-room, he said, " Fulktw
ne, and I will see you righted, Frederick." The
witness described the rest or the transaiaion the same
AS the last witness.

William Cater, the constable, said he was sent for
between nine and ten to quell a riot at the coffee-
houys. As soon as he got through the crowd, anal
Captain Pairickson, William Lee said, " that is
the man " He asked Captain Patrickson to walk
with him to the ball-loom at the Star. Captain Pa-
trickson agreed to go with him. There was a mob
at the door, and the general cry was, " Black hole
him." They were carried through the hall by the
crowd He heard Lewis Lee say he was struck;
but he had hold of the Plaintiff at the time William
Lee and Frederick Lee gave cliarge of him. The
witness went to Mr. Green, the Magistrate. There
he met Mr. Lee, who told him that the Magistrate
could not hear the complaint that night, and that
the witness could not discharge him without a Ma-
gistrate's authority.
Captain Oliver saw the beginning of the trans.
a&ion. Mr. Willis was in altercation with three
young men of the town. Captain Patricksnn was
standing on the coffee-house steps, and called to
Cornet Willis to Come away. Frederick Lee imme-
diately squared his arm at Captain Patrickson, and
said, " D—n you, what business have you to inter-
fere?" Mr. Campion stopped Captain Patrickson
from striking him, and all he said was, " Get away,
you jack-a-napes," or b rn e such thing. He agreed
with the other v.itnesses in the rest of the trans-
:talon.
The case on the part of the Plaintiff being here
closed, after a short conversation it was agreed that
the Plaintiff should take a vet-di& for 501.
In the course of the day, the Prince of Wales,
Duke of Clarence, and Mr Erskine, were in Court.

I l/i
i
l'
i

pant anu tne tjuard, and ordered the Serje
.-
Mr. Justice FitATM. m summing up. told the pAtrole between the inn and the barracks.
lacy th : .4,..4 . . iptonly point for their considera- they met any men of the 4th to send them b
tutu ,:1(.‘..., . '44,oeitult WAS too clearly proved die barracks. Ile did this in eider to preve
0 el, -1111,m....V...:.
toji‘ ' ir '1617111:_.
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