The British Press; or, Morning Literary Advertiser.
London, England, 1819-10-28 00:00:00

CAPdTRRBURY THEATRE.

The performance at our Theatre on Friday last,
for the benefit of a distressed family, was most
respectably attended, but we were concerned to oh.
that the house was not crowded. lit Toms's
excellent comedy of The Honey Moon, the charac-
ters of The Duke. Rolando, and Jaques, were ad-
mirably delineated by RI/BUT FOOTE, Esq. Cap-
tain STUART, and Major HART. and the other cha.
towers, taken by Gentlemen Amateurs, were well
suevorted. Mrs. EDWIN, of the Theatre-Royal,
[burr-lane, acted the character of Jeliana, with
elan chasteness and excellence which: elm* all *c-
essions distinguish tins deserving favourite of the
public; the other female characters were sustained
by Mrs. Luxe, Miss WELLS, anti Miss RUSSELL,.
and the play altogether went off exceedingly well.—
The laughable farce of Three Weeks oiler Mar-
riage followed, the performance of which drew forth
repeated plaudits.. A prologue appropriate to the
occa►ion was spoken hy Captain STUART. and an
epilogue by Major HART. We were gratified to
low it announced to the audience, that Nlr. Dow-
TON ve►y handsomely gave the use of the Theatre;
nod that Mr.. St—RUSTON, the manager of Drury-
lane Theatre, bad humanely forwarded a donation
of five pounds, in aid of the fund created by the
Gentlemen Amateurs by their benevolent maims
for the distressed family.

Whether the Princess or WALES intend. to re.
turn to England or not, it is certain that lire Royal
Highness ilea given orders In hove the apartments in
Kensington Palace prepartd fur her reception.—
Erening Paper.)
The Marquis and Marchioness of WORCESTER
have arrived at their house in Park-street, Gros.
vencr-quare, from their father's (the Duke of
REA LFORT'S) seat, Badminton, Gloucestershire.
The Right Hon. Sir fiv:NRY RUSSELL, Bart.
and family, have arrived at their house in %Vim.
halo-street, from the Continent.

ONtLow left Fenton's Hotel, St.
Jstnes's-street, ye►terd:ay, for his seat in Hunting.
don.hire.

The Marquis and Marchioness Coaliweiws,
and the Duke of NORFOLK, are active and liberal
patrons of the Bury St. Edmund's Theatre.

Mr. CHARLES KIMBLE, we regret tuetate. his
withdraw/it hum Corral-garden theatre, in come-

LAW INTELLIGENCE.

'COURT OF RING'S BENCH, SranAres•hur,
IVEDIVIDAY, OcTimm 27.

FLANAGAN V. WATKINS.
This was an argument on demurrer. The ("tics.
firm of law to he determined was, whether, under
the statute 49 Geo. 111, chap. 121, the surety in SG
annuity deed (the PlastitlY), where the annuity has
been redeemed by the surety agreeably to a clause
in the deed, afire the grantor (the Defendant) had
become bankrupt, may maintain all action to re-
cover the value from the bankrupt upon a bond of
indemnity, notwithstanding the grantee has proved
the value 'marr the cominisaion—or whether he is
barred from RI doing by the bankrupt's certificate.
Mr. Ti ALL. fur the Plaintiff, argued that the
certificate did not protect the Defendant from the
action ; for in that case the surety would he left by
the law without remedy, iva•much as the value
which lie had been obliged to pay was not prov-
able under the commission, not having been then
legal debt, being in its nature uncertain, and de-
pending on a covenant, and the amount not a•cer.
trifled. lie cited Welsh against Welsh and an-
other, 4 Alan! and Selwyn. 333, as completely bear-
ing out his view of the present case. In that case
the Plaintiff had been surety for the Defendants in
an annuity deed, and afterwards the Defendants be-
came bankrupts, and obtained their certificate, and
the Plaintiff, after the allowance of the certificate,
was conspelled by the annuity creditor to pay se-
veral sums for the arrears of the annuity due after
the issuing of the commission ; to recover which
he brought an action, and held the Defeuduitts to
bail ; and upon a rule nisi fur discharging the De-
fendants on common bail, on the ground of their
certificate, being argued, and cause shewn for and
against in the Court of King's Bench, Lord Ellen-
borough said, " The surety cannot compel the an-
nuity creditor to come in and prove, and it is not a
debt gnaw' the ►urety until he is in a condition to
be damnified by it. If the Legislature intended
such a case as this, they have not said so, nor have
they used any language to enable us to say ;" and
the rule was discharged.

Mr. Li TTLEDA I.E, on the other side, contended,
that the surety was barred by the bankrupt's certifi-
cate. and sections 8 sod 17 of the Act referred to;
for though the value of the annuity was not a legal
debt, on which an issleloiredis assompsit would lie
at the time of issuing the commission. yet it was
a debt in the ordinary acceptation of the term, and
within the contemplation of the statutes of bank-
ruptcys and the surety might have proved under
the emassiosioss, since the value might have been
ascertained by the Commissioners. He maintained
that the stat. 3 Geo. 11. c. 30. sec. g 2, which al-
lowed the holders of bills and notes, and other Sc.
cavities, for the payment of money, to prove the
same under a commisvion before they became due,
extended to the agreement between the Plaintiff
and Defendant. He submitted that the Act had
been intended for the benefit of bankrupts, and
ought to receive • liberal construction.

Mr. 1 INDAI.L. in reply, 'aid, that hills and
notes were legal debts, being defined debita in
praseiti, solocnda in fieturo; and theyefore the
apology failed. He admitted there was a difficulty
in the Act : but the solution of it was, that the
Legislature had not gone far enough. In sup-
port of this position be quoted •judginent delivered
by one of the Judges in the Court of Common
Pleas, in which it was said that " the Act was very
defective."

The CHIC!' JUSTICE said. that the Court would
consider before giving judgment.

LITERARY DISCOVERY.

There has been discovered, in the Amlwosian Library
at Milan, a manuscript copy of the Iliad of #lioner, which
has singularly attracted the attention of thet, learned; first,
for its antiquity, which appears to border on the fourth cen-
tury: and by sixty pictures in it, equally ancient.
We know that the first manuscript, upon which all the
editions of Homer have been founded, is posterior to the
tenth century ; the newly-discovered one bears a text more
ancient by about six ages. The characters are square ca-
pitals, u•cordiog to the usage of the best ages, without dis-
tinction of words, without accents or the aspirates; that is
to say, without any sign of the modern Greek orthography.
The pictures are opus vellum, and ►ep►esent the principal
circumstances mentioned in the Iliad. These pictures
being antique and rare, copies of them bare been engraved
with the greatest exactness. They are not perfect in the exe-
cution ; hut they possess a certain degree of merit ; fur they
arc curious, inasmuch as they present exact representation
of the vestments, the furniture, the usages, the edifices,
the arms, the vessels, the sacrifices, the games, the banquets,
and the trades of the time, with the precise characters of
the gods and heroes, and other infallible and numerous
_ .

marks of their isatiquily.
M. Angelo Mem, a Professor at the Mob/mien College,
has rallied the manuscript to he printed in one volume,
with the engravings from the pictum, and. the numerous
scholia attached to the manuscript. These.soevr seholia 611
more thin 36 pages in large folio ; they am all of a very
ancient period, and the greaser part of them are by authors
anterior to the Christian era, and to the school of Alexan-
dria. The authors quote.) are 140 in number, whose writings
have been lost, or are entirely unknown. There are annum
them titles of works which have sot come down to us, and

OLD BAILEY, WEoNtsniy, OcTom 27.

The Sessions commenceil this morning at this
place beforp the Lo►d Mayor, Mr. Baron Wood,
Mr. Justice Park, the Recorder, and a Bench of
Aldermen.
A SERVANT ROBBING TIER MASTER.

Ann Pearson was 111.1u:tea fur viealing one silver
pepper caster, two wateheo, value 10/. awl tt quan-
tity of other valuable itrupetly, tat the howe of
Martha Diem

Martha Mittel! stated, that site resided at Wing-
ton ; tltr Prisoner conic into her service on the 16:11
September, and went away ostlintit notice or por•
mission on the 2Stli September, and never returned.
Site csene onto her service with is very good charac-
ter. The *Tittles winch she mi.sed Kerr the follow.
tog :--Three table 111•00110, three tea apttima, and
one dessert, a pepper easier. a tattle clods, two ail,
ver watches, a ring, and a stlk scarf. They were all
safe the lily before the Pri-otter went away. On
the Friday after the 9s h September she saw the
Prisoner in custody at the P.nittbow public-bousr,
at Islington.
Michael Poisons stated that she resided in Well's.
court. Gray's-Ineedeme, and knew the Prisoner. 1111110
KA lived for a tune in her neighbourhood. About
half-pa.t five o'clock, on tint 3Sth September, the
Prisoner came to her and asked if site would pawn
u table-cloth for her, which witnem accordingly did
in Milburn, and gave the produce to the Prisoner.
She then produced to her a shawl and-scarf, which
were di.ionleel of in a similar manner. She also said
site had some plate which she waisted to sell out said
out. She accounted for having the. property, by
saying the articles were her husband's. Witness
never saw the ;Atte except the pepPer.caster. Oil
the next day the Prisoner said she *as going to the
count s• ; site treated her in a public-house the pre-
vious evening, where she asked a yoling mats to hey
I watch, but he said he had no moiler ; another
matt, however, touched her on the shoulder, and she
went out with him, and about a minute •fterwards
she called witness out and gave • handle to the
male, who took it away and shortly after returned.
Wifeless did not overiteor what then pumerl between
them, except the Prisoner's uttering the worts,
" (3i) back and lake it." lie went away a set.inid
time, returned in about five ininittea, and gave her
some silver. The 1111111'il name was Johu t;oisdols,
u pavior.

Robert Browne, a constable, knew this Condon,
and had ordered him to he in Court, but he was not
forthcoming. Witness was called to a public-house
at Islington by the husband of Mrs.l)uoell, who
told the Prisoner that if she gave up the otolris pro-
perty, and the mune of the receiver, she should nut
be prosecuted.

Mr. Outwit said that he was Pent for by the Pri-
soner from an adjoining puhhc-house; the liniment
he entered, she expressed great contrition, anti he
certainly made the promise to her that the lost wit_
Hess ,neolioned. She tiien inentimwit to luny the
pawnbrokers' shops in which the articles hail been
pledged.
The pawnbrokers now produced the scarf, table
cloth, and ring, which had been pltdged With
them, and were severely censured for the facility
with which they took pledges in their trade, and for
not attending at Worship-street Police-office when
sent for.

The stolen articles were identified by Mrs.
Duutd, us being her property.
The Prisoner matte GM defence.
31r. Wince Panic summed Up the eVitiYHCe to
the Jury. who i•tuttied ■ verdict of—Guilty.
The Prosecutor recommended the Prisoner to
mercy.

Mr. Justice PARK said he would transmit the
recommendation to the proper quarter, but the
offence of a servant robbing • master, was of a •ere
serious complexion. The Court ordered the pawn-
brokers to deliver up the stolen property to the
Pro.ecutor, and not to be allowed any expenses.
There were several other trials in the course of
the day, but they were quite of a trivial

POLICE.
—wow..

BIAIMOII.IIOUSt.

;Vattern Adams, • soldier in the first reu,rnent of Foot
Guards. was brought np by (:regory, the 'AUNT, chaiged
swish rubbing • man of a *slyer width.

Peter Owen. of No b. Red Lino street, Spinstfields, la.
bourer, was examined. lie rimed, Thal between the bourn
of eight and nice o'clock on ToesdJy rrruinr, henna gi west
Ilf 01101 ri, observed the hummer '
in Or him. Al Ilse cm IlPf of Co west, Nishopszsie•street,
the Prisoner came up 1n him and asked witness the boor,
on which witness took ..ut his wstrls to Sell him, when the
MO an ily sated 111,1 band. mod •itls a shrrp 'morn-
weal rot the ralibalid. having first are nerd the watch, le.is.
ing a part of She riblonol and seals with witness. The Pri-
goner imm..diatele rao oil, bof witn.-sa possuell
wet " Slop thief... Ile was slopped by an officer with the
watch still in his timid.

Giegitry, the officer who stopped the Prisoner,
Ils,t about h f pa.t eight OM TYl.l.liNt
atesiding at the corner of Artillt litaloip-gatestrret,
be heard the cry of " Stop thief"' nod oh d a man ran-
meg towards him; hr resit lip and a. lard hint fuu•d the
wale~ in hi• posses,imi Ile I.nik the Pi twiner into tits.
Indy. and on searching Into at Ibe mulch house, he found a
reser is his cap.

Thr Pribusser made HO defeisre.—lie M. 1.1 fully caarnsitied
fir trial.

STRF.UT ROBBERY.

GUILDHALL.

Yeste►dy Jaamr► Piles was besought up, charged as
folluw► :

Mr. John Krw, 43, Parliansent-street, wine-merchant,
slated, that on ih.t day, nt 12 o'clock, a. he was ((our (rim
to lit.:1111.11 Inn, Oolong), the gate-way, whet it
i■ divided by an trim Ito, the Pris 44444 r pushed violently
against him, stilettoes the spare us the oilier sole of the
bar was vacant He asked th,• Pri.oner why be pushed
against him, null as be was ripealtiog he felt a pull at his
watch; his fob was bummed, which prevented his watch
from C 44444 tog nut. hut the gold chain broke in the psisoner's
hand, slnn lie ran (AI oath it, and the gold seal and key
attached in it. The w.iniss (bete C:11:Cd out "Step thief r'
and never lost eight of the I'risiiiie7 I be was stopped by
isy a Gentleman in MCfj.,llll.ll lon. He was then taken to Ilse
porter's lodge mud se.-cheat, lint nothing was Gould on him
except some silver and haltruce. he chain, &c. were
afterwards found.

Mr. Henry Robert Ramie, King's Bench-walk, Temple,
clerk to his brother. n IarIICIIOS. sated that as be was mmHg
Ihrorgh Serjeant's lon, wolf, she stair/mon of going into
Cld-
ford's Inn, he hewed the csr of “Mup thicf!" and saw the
Prisoner no • g sool Mr. Ku w folkorsog hum lie siorprd
the Prisoner, and took him o, the porter's lodge.

- -
Mr. John Kaye, of Charlotte.*lmre, Blackfriars, stated,
Thal as he was corning through the ;menage in which Mr.
Kew was attacked, aft.. it kid taken place, he round the
gold chain, key, and arml now produced, they were lying in
a corner or the niaaire.

Mr. Krw ideriis6..lll,,m ss !wing his properly.

- -
Samuel Hen.on, an officer, st.iird, that he took the Pri-
soner into custody. He search. d hi.u, and found nothing
on him elieept 3.. Gd. in r, and 14d. in copper.
The Prisoner der lined slying any thing in hts defence.
Aldermen Thomas Smith, the Sitting illegintrate, com-
mitted the Prisoner fur trod.

Edward Newman mid Thomas Hall, Eying dustmen, were
convicted in the penalty of Iti/ each fur illegally taking
ashes from the house of Mr. Dixon, Took's-court, Castle•
street. in the ward of Folingdon Without, they not being
employed as sesviingers or dnst.men by the COMM ssiusirrs
of Sewers, Anil not tirtriz able to pay the penalty they were
committed to the House of Correction to hard labour fur
thirty days.

HaTIOY•6ARDEN.

Yesterday Master -, a fine youth, about 14 'enrol of
age, who eloped a few Jays ago from Rion 'school, and for
the recovery of whom a large reward has been offered, was
brought to this Oilier by William Read, jun. wbu found
him stuxlini to a wretched state, by a street.post, in Gray'.
He .41, brought before the Magistrates, and the
Oltlce being cleared of sirdaxers, he candidly confessed who
he was. The Magoorates, to vow the mind of his afflicted
.Yenta,-wish site fveaNM promptitindr sent him off
distill, in care of the Officer, by the stage.

QUICZN•SQUAILL

ASSAULT.

Yesterday Lieutenant General Dickson wan bronchi be.
fore Mr. Mashhad, the sitting Magistrate, charged with
having desperately assaulted and cut with's slick James
Tozer.

It appeared that the G I had ordered a pair of boots
at the shop of Mr. Rymer, the celebrated hoot-snaker, in
Cockspor.street, Charing-eruss, which is since his death in
the occupation of hot son-its law, who carries on the busi-
ness. Tozer, who has been shopman there these twenty
years, carried home the hot. to the General's lodgings is
Adam•streel, Adelphi, yesterday morning. The boots
fitted well, and be received a five ponn4 note to take the
hill, hot not having change, he took home the note, and
returned with the balaree, after deducting the price of the
bouts. The General expressed his displeasure at his not
having brought bark the full change, and told him he world
not have the boots at all. The other, however, left the
boots and the change, mnil went home. The General fol-
lowed him to the shop, where it wens. some • a.
ling language had passed b.-tween them, and the shop-
man told him he did not speak like a Gentleman.—

The General replied, if he repeated that be would knock
him down, the shopman anvwereil, he certainly did not
speak like a gentleman; upon which the General instantly
struck him with the stick he carried across the face' and cut
him severely. A Conviable was sent for, who took him into
custody, and conveyed him to she Office.
The shopinan appeared in Court with blood flowing from
the wound upon his breast and shoulders in a most frightful
manner.

The General attributed his conduct entirely to the rough
and impolite treatment he had received: he Premed to revel
not having governed his temper, as contention with such a
fellow should he beneath his cousideratiou.

The shopmaii's master •ttelidetl, and rave the man a most
excellent character Nn evvry respect, and especially Mr civility.

The Magistrate lamented that arch ao.occurrence had
tauten place, and reominiendeil an snsicableadjustmeut.
After roma further conversation they all retired for that
purpose, and we sitidersteiml the General consented to give
. _