The British Press; or, Morning Literary Advertiser.
London, England, 1826-05-26 00:00:00

IMPERIAL DISTILLERY COMPANY•

Yesterday a Meeting of the Shareholders of this Company was
held at the New Eaglaild Coffee-house. lie. Chitty in the chair.
The CHAIRMAN said. that at the last Meeting of the Share-
holders, oeetain resolutions were !sassed, and a Committee ap.
pointed, to open a correspondence with the Directors, to endeavour
to obtain a return of the deposits which thee had paid upon their
shares ; in consequence of which the Committee addressed the fill-
' lowing letter to the Secretary, Mr. Lane. which, with his answer,
Le shoehl beg 'mead to the Meeting:—
•• To the Directors of the Imperial Distillery Company.
gentle.nen,—" We hag leave to hand you the enclosed ropy
of resolutions whirl, took place at the General Meeting of the
Subscribers, at the 'New England Coffee-house, on Saturday last,
Sod request you will he on otioni an to inform us when it will suit
your ronvenience to actin'e m to a rot ference with your Board on
the subject of the said resolutions.
" W e have the honour to he, Gentlemen,
•` Your most obedient servants,
"C. CHITTT,
" THOMAS Scull,
" JAISIES MITCHELL."

" F.S.—lt is our intention to be attended, at any conference we
may have with your Board, by one of the li-tu of Messrs. Sweet,
Stokes, and Co., our solicitors; to which, we presume, you can
have no possible objection."
The following is Mr. Lane's answer.—
" Imperial Distillery Company. 9, Mark-lane,
" Sir, Alarch 182fi.
" I am desired by the Directors of the Company to acknowledge
the receipt of a letter addressed to them, signed by yourself end
Messrs. Mitchell, Scare, Clark, and Taylor, accompanied by cer-
tain Resolutions, and to inform you, that the Directors cannot
consider any person as Shareholders m this Company, or as having
any right whatever to interfere in the concerns thereof. unless they
have subscribed to the Deedef Settlement. lam directed, at the
same time, to add, that the Directors will, at all times, be most
happy, perennet:ly, to give you, or any other Mad fide Shareholder,
who hu signed the deed, any possible information.
" I am, your very obedient servant*
" WILLIAM LANE, Secretary.
" To Charles Chitty, ?;sq."
The CHAIRM•N observed, that by Mr. Lane's letter it appeared
that the Directors do not consider any Shareholder had a right to
inquire what has become of his property, except those who have
signed the Deed of Settlement. He had called frequently at the Office
of the Company, for the purpose of seeing the Directors, but he
neither could obtain an interview with them or the Secretary.
A Shareholder inquired, were those who had signed the Deed to
be placed on the same footing with those who had not? (Hear.)
The CHAIRMAN replied, that he believed that the Direc-
tots intended that those who bad not signed the Deed should be
precluded from any benefit that would probably arise on the
dissolution of the Company. Ile had signed the Deed of
Settlement, from the operation of which he considered him.
a& exonerated, as the advantages held forth in the prospectus had
nut been realised. It stated that the Company would issue 10.000
shares, whereas only 2,300 had gone to the public; and it
was well known that the rest were kept hack in hopes of getting
them up to a premium, and that the Directors themselves had
purchased 700 shares in expectation of producing that effect.
(heat) But, really, how to manage such Company-mongers he
was at a loss to say—to bring them into Chancery would be folly in
the extreme. _ _ _

After a peat deal of desultory eonversatin between the Share-
holders and the Chairman, _ . _

Mr. W. CLANK expressed hls opinion that the Directors might
hare erred, yet he felt confident they never contemplated fraud.
Agar which a resolution was passed. calling on the Shareholders
pot, 21.6 d. a share to the Committee, for the purpose of carrying
into erect such measures as the interests of the Shareholders would
d -man tt. . . .

1 fian!;,l were then voted to the Chairman, and the Meeting
trove up.

THEATRICAL ROW AT PHILADELPHIA.

[From the Philadelphia Freeman's Journal, April 1111
At the theatre on Monday night last a scene occurred,
the like of which we have 'never before witnessed. Mr.
'Wemyss, in playing the character of Harry Herbert, in
,C'olambus, when he uttered a certain speech in which oc-
curs a passage, " die like a brave Englishman," was saluted
with four or five hisses from the pit. The audience, bold-
ing Mr. Wemyss as a great favourite, deemed this an in-
sult to him, as he was merely performingliis duty, and that
with great ability, and therefore expressed their opinion by
loud plaudits. Mr. iVemyss then came forward, and ad-
dressed the audience to this effect:—
" batik'', and Gentlemen—l cannot help perceiving that this ex.
preasion of feeling alludes to a certain passage which has just oc-
curred in the part—to prevent any mistake, and to exhibit the
source from which the hissing may come, I deem an explanation
Decessatly. After the part containing these words had been placed
fa rty hands, and had been studied by me, Mr. Wood, the mane-
gsr, insisted upon my striking out the passage. I asked him for
the necessity, and mentioned my right to retain them according to
the author. I said that the American people had too much good
sense to deny that there are such in existence as • brave English.
seen.' Mr. Wood then swore by the that if I did not tom-
ply with his request (he had no right to Order me), he would do
many things to injure me, and would make me pay a heavy forfeit.'
Then we parted, and I have played the play of the author as hand-
ed to me 'ay the prompter. For this, some few have hissed me.
Now, Ladies and Gentlemen. I am an Englishman—l have a
country and If, for a manager's threats, out of the line of his duty,
I am to be ashamed of it, I should consider myself truly despicable
and unworthy of this or any ether country. What would you
think of an American, who should appear upon the English stage,
aril who, because a blustering tyrannical manager should threaten
him, would omit a certain passage, 6 as brave as an American ?'
Would you not esteem him a dastard and a coward ? I trust to
f ore good sense for protection and fair treatment."
Mr. Wemyss retired, the house ringing with applause.
At the conclusion of the foregoing speech, Mr. Wood, the
manager, had come upon the stage. When the noise had
subailled, lie addressed the audience in these words T—
.

••• Ladies and Gentlemen—Thus called upon to defend myself, I
am in an unpleasant situati.m. Ido assure you that I never meant
to offend this or any other audience. Mr. Weinyas is in error in
imputing to me the hisses a irk which he was assailed. After the
conversation I had with him I never mentioned the subject out of
the house. I will explain the reason why I called upon Mr.
ernyre to expunge cerytin words. My predecessor, Mr. Wig-
n3ll, many years since. when a foolish feeling on 'objects' relating
to this and the mother country exiate.el, erased these words from the
play. I played Ihrry IferLcat, and I omitted them. I thought
to follow the usage of the theatre, and therefore demanded of Mr.
Weniss to omit them. But 1 know nothing of this excitement.
I did not set it on. I respect Englishmen lam descended, and
base many friends and connexions amongst them. I have been
threatened with personal violence—l do my duty, and demand pro-
tect ioo."

When Mr. Wood concluded, clap, hisses, and cries of
Off, off," resounded through the house. Mr. Wrmys3
ag lin stepped forward, and said—
•' ladies and Gentlemen—Allow me one word. Ilir. Wood has
frequently boasted behind the curtain, ' that lie could turn the Phi.
1. :Aphis audience around his lingers.' under any circumstances.
upon all other occasion■. I most cnt.l'e.s he has the gift of
%reel more than I have. He has threatened my life ; that Ido
no: mini: but, under exci'emert. I did say, that if he continued
bin sys:c:n of persecution, I would thra.lt him. If the public knew
Al that occurs in the theatre, they would soon ascertain where the
error is."

Here the audience again applauded, and Mr. Wemyss
retired. Mr. Wood again replied in general expreadions of
hid good motives, but he was so interrupted with hisses,
cries of " Off! Baa ! Get out ! The play !" that we could
not understand him. The play then proceeded, and when-
ever Mr. Wcmyss app.arell on the stage, he was received
with marked and determined applause. When Mr. Wood
appeared, plaudits and hisses were intetiningled. The
whole scene we have described lasted about half an hour.
This occurrence is much to be regretted, but, as it was,
Mi. Went nit came off victorious.

The grand triennial Music M.-ming at Birmingham Is
to take place this year. There are to be four days of per-
formance, similar to the Y..rk Festival last year, to take
place on the 3d, 4th, Silt. and 6th oft letobcr.
We feel much pleasure in !eating, that the disturbances
it Trowbridge are quite subside.l.--To.:itlon enwrier.
Haymaking commenced in a at Plaistreet, near
Taunton, on Monday last.
The drought still continues, antl the farmers are stiff:T-
ine great inconvenience and loss from the want of rain.
We bare had only a very slight shower. or two for nearly
a month; turnip crops are ahnost destroyed ; wheat, bail, y,
and oats, are languishing for want of moisture ; and unless
re have rain soon, the consequences may be severely felt;
and at all events straw will be very short, and there Is every
probability that the harvest will be a month later than last
you. The wheats look very yellow in some places about
the Downs, and barley stands very bare upon the ground,
psrtirularh' on the brows of the Okla. The horticulturist
also cOmplains greatly of the want of rain, which we un-
clastand has fallen more copiously in some parts of the
country than in this neighbourhood. Hops, we are in-
formed, have a healthy appearance, bat rain is wanted to
clear them of insects. end' to invigorate their growth.—
Brkliton Gazelle.

LAW NOTICES.

COURT OF CRANCERY.—Twig AT Wilma; x
11100.11 Tilg LOUD comacata.oa ♦ND tICI-CHAKCILLOR.
lituticm, only, being the Drat day of Term.

COURT OF KING'S BENCH.
Sittings appointed In Middlesex and London, before the Right lion. Mr
chute.' A: boil, lint., Lord Chief Justice of his Majesty's Court of
King's iitneb, in and after Trinity Term, IWO.

IN isms.

Atirldte.ex.
IVettneaday,ley, Slat.
'll'ettnen.tlay, June ;lb.
Nunday, June 12111

London.
Friday. June 211.
Thursday, one nth.
Tuesday, June 1:10.
77777
Thursday. June Ifith 1 Friday, June 16th
To %It at half-past twelve on May Si, and June 2,7, and n; and at halt-
past nine on the other days.

COURT OF COMMON PLEAS.—To-ronnow. AT Twiwvz.
Middlesex Cause..—The hod sitting In Trinity Term, 146.
MIDDLASKI COMMON 'LIRAS.
Remanet—Hoe v. Miller.
New Cana...
Tithe, v. Bones Hackett v. Hancock Wooster T. Baines and
Orchard anti another V. an 1 another I another
MOSS Rudd T. Cresswell I Turnley T. Garbett
Parnell v. Brent Higgs T. Carpenter Redman v. Redman
Phillips T. Spooner
Trinity Term begin% this day.
appointed In Middiesea and London, before the Right Hon. Sir
M'idlanAlraper Rest, Rot., Lurd t'bief ittatlee of his Majesty's Court
of Common Picas, In and after Trinity Tenn, INV'.
IN TIMM.

Middlesex. London.
Bsturdse, May 271 h. Monday, May 22th
Winne..day, May Mat. Thursday, June lat.
Wedneuday, June 7th. Thursday, June nth.
AFTER TIRE.
Thursday, Jose 15th. I Friday, Jnne lath.
The Court will sit at twelve precisely on May 27 and 31 ; at ten pre-
cisely on May 29 and June 1 , at half-past nine on June 7 and ti; and nt
ten precisely at the Bitting' and adjournments after Term.

CONSISTORY COURT.—Tnis 7)Ae., AT Tay.
First Session in Trinity Tetm, WC—Before Sir Christopher Robinson.

COURT OF EXCIIEQUER.—TIIIII DAT. AT Tim.
Before the whole Court.
Ashby v. Tomkiss—Erceptloar.

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, TauasDAY, MAY 25.

BRI7MMELL V. AI'PHERSON.

In this ease there were two petitions, the one presented by the
Attorney-General, on the part of the Crown, praying that the report
of the Master might be confirmed, and that certain sums in the
hand of the defendant might be ordered to be paid to him, as the
Solicitor of the Crown ; the other a cross-petition, praying that the
report of the Muter might not be confirmed, but that his Honour
might direct an inquiry as to whether there were any sums of
money due to the Crown.
The So tacITOR-GENERAL and Mr. RAY, upon the part of the
Crown. stated that the sums they sought were balances of money
paid into the hands of Messrs. Bishop and Brummell, who were
army agents, for the purpose of paying to the officers to whom they
were agents, and which not being claimed by the officers, the
Crown now sought to have restored. That the Crown had a legal
right to read those sums, had been repeatedly decided, so that there
could be no doubt on that head ; and they therefore hoped his
Honour would concede to the prayer of the petition.
Mr. SHADWELI. contended that the Master did not report that
there were certain balanceadue to the Crown ; he merely reported
that there were such and such balances. Now he (Mr. Shadwell)
would contend that these balances were not due to the Crown. The
Crown paid certain sums into the hands of the agents, for the pur-
pose of paying to the officers of the regiments far which they trans.
acted business. The agents had carried to the accounts of the
officzra those sums, and of course the Government had no longer
any claim upon them. The agent was not merely the agent of the
Crown, but also of the officers. He gave security to the Colonel,
and the Colonel it was that was held responsible by Government.
Besides, it did not follow that, although those sums had not yet
been claimed, they would not be hereafter; and the agents
having once carried those sums to the accounts of the respective
officers, they had by so doing rendered themselves responsible for
ever, for in such a case no act of limitation could relieve them from
that responsibility.
The VICE-CHANCELLOR remarked that in some cases the
officers made their agents their bankers also, and in that case cer-
tainly the Crown could have no claim.
Mr. SHADWELL replied that that was not the case in the present
instance.

Mr. PM'S followed on the same side. Ile said that the present
case differed from those which had been decided, because in this
one the money had actually been carried to the accounts of the re.
spective officers. There was a clause at present pending, that of
Ross and Ogilvie, In which the Crown was seeking to get back
from the estate of the bankrupts the moneys which they had paid
into their hands as a debt due to the Crown, in order to protect the
officers. This was a cue in point, but it had not as yet been de.
cided. The agents in those cases were not the agents of the Go-
vernment, but of the individual.
The A'ICEXIIANCELLOR observed, that the Colonel of the
regiment was the actual Agent, and payment to him would not be
an acquittal of the public to the Officers.
Mr. PEP vs said, that any Officer had a right of action against
the agent, and the question was, whether they could rid themselves
of such an action by paying back the money to the Crown.
The Vlce.CmaiNcsa.i.oft said that if he paid a sum of money
to A, for the purpose of paying a debt due to B, and if B never
claimed the money, urely he hada rigid to take it back from A.
Mr. PEPYS said that the Bank of England were the undoubted
Agents of the Government, and yet Government were compelled to
get an Act of Parliament before they could deal with the unclaimed
dividends.
The VICE•CHANCELLOR asked what mode of inquiry Mr.
Shadwell could suggest to be pursued.
Mr. SItADWELL thought it might be sent to the Court of King's
Bench. The question as to whether there was or was not a debt
duc to the Crown, was a legal question. Ile thought the same
question might be sent to the Court of King's Bench as had been
submitted to the Master.

The SoLiclToll-OENERAL, in reply, said that those agencies
were at all times revocable by the Government, and it therefore
necessarily followed that Government had the power of withdraw.
ing all balances in their hands not actually paid over.
The Vica-CitawcaL Loa said that be felt very much disposed
to send the questiot• to another Court, to which it more properly
belonged, if he thought it could be done without any great in-
convenience. It was not on account of any difficulties that he telt
upon the subject. but rather on account of its great importance, and
that it might be finally settled. He did not think that the Court of
King's Bench or Common Pleas were proper Courts to send the
question to; the Court of Exchequer, which was a Court of
Reventr, was the more proper Court to send it to ; and if the
parties could settle a case between this and Monday, to be tried in
that Court. the question being whether the estates of the agents
were accountable for the balances found in the Master's report, he
would agree to its being an sent ; but it before Monday they could
agree upon no case, he would then give his opinion.

COURT OF RING'S BENCH, GUILDHALL, MAT 25.

[Before the Loan Ours JUSTICE and London Common Juries.]
This day being the hat of the sittings in London prior to
Trinity Term, the Lord Chief Justice, by appointment, tried no
(Oft causes bat actions on promissory notes and bills of exchange.
Neill' a hundrediot these cases were tried. • They were principally
undefended, and none of those that were defendrd involved the
irines•ton that redid make them interesting.
To-moirow is the first day of Trinity Term.

COURT OF COMMON PLEAS, TUURSDAT, MAY 25.

[Silting: in London before the Loitcs.Cuier Justice and a

Common Jx, y.l

Wit.LIAJtS ♦ND OTDER9 v. WILMAN.
The plaintiff's in this cause are hankers, and they brought the
present action to recover from the defendant the sum of SO/. paid
to Min in error.

31n. Sergeant WI unr. and Mr. Caurnrr.r. conducted the
plaiotifrs ea‘e, and Mr. Sergeant ADAMS and Mr. HUTCHINSON
the defendant's.

The facts of the case are these:—The defendant formerly kept
cash with the old firm, which' was, Williams, Williams. and Co.,
whose business had been transferred to the present firm of Williams,
Deacon,and Co. The defendant's account was transferred amongst
the rest. On the 17th of July, there wait inserted in the pass-book
of the defendant 604 and another sam of 60/. was inserted on the
17th of August. In the month of November the pass-book was
made up by the bankers, and at that time the last entry was on
the 17th of July, and the first entry which followed was that of the
17th of August. The new firm conitnenced business on the 2d of
January last, and on the :i.ft the defendant took the pass-book to
them to be tootle up. It was made up accordingly; but the clerk,
in doing this, discovered that the entry of July 17th should have
been the 17th of August, and that an error of 60/. had been the
ennsetrience. It was proved by the plaintiff's' books, in which
entries were made directly customers paid money into the house,'
that there had been but one entry of 50/. ; and when the clerk ilia.
covered the error he struck one of the 301. out of the pass-book.
Defendant remonstrated with him on this, and insisted that he paid
in the money himself ; but it turned out that the 17th of July was
un a Sunday.
The defendant's son was called for the defence, who said he saw
the entry of the 17th of July on the 24th of that month. lle had
an entry of his own, winch enahltd him to speak positively as
to the day. Only his father was present when lie saw the entry.
Examined by the LOH D CHIEF JUSTICE—He would not swear
the ink in his memorandum-book had been there twelve months.
Ile could not swear when it was entered. Ile would not swear that
it had been entered within a week; but he would swear it had not
been entered within 21 hours.
Ills Lofts:m][llP then summed up. If the Jury believed the son,
or if they thought the entry hail been made with plaintifile know.l
ledge of the circumstances, they must find a verdict fut the de-
fendant ,• but if not, their verdict must he few the plaintiffs.
The Jury found a verdict for the plaintitli.—Damages 501.

Livenroot , Mar t.—Our Cotton Market hu been
very steady in prices, with a rood demand ; and about
18,000 bales sold up to the evening. Plantation produce is
dull and heavy.

THE BRITISH PRESS.

MIDDLESEX ADJOURNED SESSIONS, MAY 25.

Michael Abrahams stood indicted for moulting Jacob Cohen,
on the 12th of April last.
The parties are Jew merchants, melding, the former in lifansell-
street, and the latter in Great Pre:scot-street, Goodman's-fields. They
had had several bill and money transactions with each other, with
the result of which neither party was satisfied, and the consequence
of one of these transactions had been the instituting • proceeding
in Chancery by the plaintiff's sister, against the defendant. On
the day named in the indictment, the plaintiff happening to meet
the defendant, asked how the Chancery suit wan going on, and in
reply was told that his sister had better take care how she made her
affidavits, or they would nail her for perjury. The plaintiff replied,
" it other persons were as scrupulous as his sister, there would be
very few indictments for that offence." As soon as be had finished
speaking. the defendant struck hint violently in the mouth. For
this assault a warrant was obtained the setue day, and the defendant
held to bail.

Several witnesses were called on both sides ; those for the de-
fence giving a very different version of the transaction.
The Jury, after • short consultation, returned a verdict of
—"
The Cu ORMAN said, judging from the manner of the parties
in that Court, lie felt convinced there was much ill-blood between
them ; and he should, therefore, to prevent its future ebullition,
sentence the defendant to pay a fine of 6s. 11+1., and enter into his
Own recognizance to keep the peace fur • year.