The British Press; or, Morning Literary Advertiser.
London, England, 1818-01-16 00:00:00

LAW INTELLIGRIVCE.

~Min...

COURT OF CHANCERY, LlscoLiCs
TawRaDAT, UNWARY 15.

OPERA HOUSE.

WATERS t. TAYLOR.

Si► SAMUEL I{UMILLY moved that the Plaintiff
should Ire directed to pay to the Defendant interest
on his proportionate part of the purchase-money of
the Opera House, from the month of Decetul►rr
1816, to the month of August last, under the fol-
lowing circumstances :—lt being found inconve-
nient iu the year 1814 to proceed with the rale of
the Opera House, the Plaintiff was appointed on
the 6th of June in that year, the manager, lir limit-
lug undertakes', for the sum of 29,000/. to produce
sixty operas in each season. lie afterwards became
the purchaser of the Opera liousr, being the high-
est bidder, at the sum of 70,0001., and, according
to the conditions of rale, paid a deposit of 10 per
cent. on that sum. The remainder of the sum to
he paid uo the Irt of Di-crusher, 1916, at that
time a siegociation took place between the Plaintiff
and the Defendant. and atragreement was entered
into by them to enlarge the time for paying the
purchase money into Court to the month of April
following. on condition that the Plaintiff should
pay the Defendant interest for his proportionate
siosre of the 29,0001. ; however the Plaintiff did
not pay it in April, and on the 85th of August
lint his Lordship made an order that it should lie
forthwith paid into Court ; that order certainly was
obeyed by the Plaintiff, but not until he hail at-
tempted to put up a set off of reverul ruins of
motley. which he claimed en a mortgage of the
Opera House, as the representative of the lute Mr.
Gould. The Master allowed those claim*, but it
was ascertained that there ass a 911111 already in
Court to liquidate that inortgay. The Learned
Counsel observed, that his mot was merely that
the Plaintiff should pay the Defendant the interest
of his proportionate share of the purchase money.
from December, 1816, up to the 28th of August,
1817; and what objection could be made to it he
was at a loss to know.

Mr. Rouext. followed on the same side, and
stated, that since the Plaintiff had paid the pur-
chase-money into Couit, he had carried charges
before the Master, which the Master by his Report
had allowed ; but the Defendant had taken excep-
tions to that Report, and they hail not been yet
argued, so the Report wes to be considered at
issue.
__

Mr. Mite, Counsel for the Plaintiff, contended,
that his client ought not to be called on to pay the
interest ; but if his Lordship wus of a different
opinion, it ought not to lie paid to the Defendant
but into Court. where the principal had already
been paid. Although the Defendant was entitled
to nine-sixteenths of the Opera House, it must he
recollected that his proportion was mortgaged, and
that he had conducted the Opera (louse for several
years, without accounting for its proceeds. That
account was now before the Master, and he had
not made his Report. He apprehended that the
Court never directed purchase-mousy to he paid
into Court, without letting the purchaser into pos..
sessiou, which was not the care here. If the De-
fendant meant to say, that the Plaintiff was to di-
vide the profits of lust seirsors with him, he could
not be entitled to interest from December to April.
The LORD CHANCLI.LOR—" What kind of
season had they last ?"
Mr. Mute said, he lersticul a very good one,
and contended that his Lordship could not snake au
order for the payment of the interest to the De-
fendant, without he abandoned his claim to the
profits of the last season.
The LORD CHANCEI.I.OII" Have you allowed
him, Mr. Hart, to snake hes election?
Mr. MILL,. the Plaititiff's Solicitor—" The ac-
count of the proceeds of last season are before the
Master, my Lord, and lie has not yet reported."
The LORD CHANCELLOR—" Cumgot 3UU tell
whether it was a good or a bad season ?" .

Mr. MILLS....7e I have no other way of judging
of its being a good wasois, except that the linose
was extremely crowded every night of peifuriu-
once."

Mr. HART ',aid, he thought that the Defeo,'
ought to take his Lordship's advice, acid in..ke his
election whether lie would take the interest or i:is
share of the profits.
Mr. BARBER followed, and stated, that the Plain-
tiff had not beau put into possession of the Opera
House, as the purchaser, for he was loaded with
trustees and a treasurer; and at the tune that the
Plaintiff made the agreement with the Defendant
to pay him the interest, he was siegociating with
other persons for the re-sale of the Opera House;
and if he had sold it for au advanced price, the De-
fendant was to have beets entitled to his moiety of
that advance, with interest.
The LORD CHANCELLOR—'s Whether that re-
sale was to take place or not, the Plaintiff was
bound sto pay the Defendant the isitertst of the
purchase snooty. which he ought to have paid into
Court in December, 1816, up to the August fol-
low nig."
Sir S. HOMELY replied, and said that his
Learned Friends seemed to understand that the
interest was to he paid into Court mid nut to 11. e
Defendant. Ile could not tliiiik that was his
Lordship's intenlio is, but that it sl 111 be paid
personally to the Defendant. 111,4 Lordship would
recollect that the Opera House was first sold to the
Plaiiittif for 39,0001. mid the sale was again re-
opened at the instigation of the Defendant, and
that the Plaintiff toga's' hi came the purchaser bir
70,000/. and no more, and when lie said un nnnn
he meant it would have brought a greater sum only
for the condition that the purchase mitiicy was tee
he paid immediately. It ought also to be recol-
lected, that on that occasion there VMS t &Nall de
bidder, who bid only 50/. less than the Plaintiff
When the Defentlaut was promised the inteirst, it
was also considered that he was entitled to Ins
share of the profits. He (the Learned Counsel).
however would not trouble his Lordship then, a lie-
flier the Defendant was or was not entitled to the
profits. But us to the question of interest, it
must be paid at all events. and the Court would
not allow the Plaintiff to bold out the bait to the
Defendant, that he would pay I the interest,
and when lie demanded it, to turn r I awl say
Lint it must be paid into Court. It was iinpus•

sible that the Plaintiff could hold this money in
his hands, until he tried to establish a &bingeing
the Defendant.
The LORD CHANCILLOII—" What is the next
motion in this cause?"

Mr. HART stated, that this was an application
on the part of the Plaintiff, that the Registrar
might lie directed to pass all order which was made
on the motion of the Plaintiff, that lie might be
allowed to go before the Master, and for him to re-
port what sums ought to be allowed to the Plaintiff
for erecting dressing-rooms to the Opera House,
and making oilier beneficial improvement.. It
would he recollected, that the Plaintiff vans ap-
pointed the Manager of the Opera House,
that, in the year 1814. a part or the Opera I loose
was pulled down, to make MOM fair she improve-
ments its Pall-mall. The pert temoved consisted
of dres.ing-ro ttttt s, and the Plaintiff was °hinted
to build others, or the Irerfortners would have
no place to dress themselves in. Tire Defendant
°proved its being referred to the Master, on the
gro ttttt I that, if they were necessary, the Plaintiff
ought to be at the experase of flit iu—lie having
undertaken the matiagemeiat, cod to pay all the
expenses for 89,000/. the season. The only differ-
ence between the parties, on this subject. he un-
derstood, was, that the Defesidaut wished to have
the word 6• beneficial." in the order, expunged. he
Old it would read •' necessary inipiovements."—
Whit he had to ask of his Lordship was, that the
order might pass us it now stood, and as drawn up
by the Registrar.
Sir Sassuu. Romtt.l.y, Counsel fur the Defen-
dant, said his Learned Friend bad taken it upon
himself to argue both sides of the question. He
(Sir S. Romilly) knew no such practice as he hail
been contending for. Ile however thought lie could
skew that it ought not to go before the Master.
The Plaintiff undertook to go on with the Opera
House for the sum of 39.000/. per year, and for the
first year of his management he charged 36,0001.
making a demand of 7,000/. for erecting (as lie sad)
rooms for dancers to drew. themselves in. If he
thought proper to he at this expense, lie ought to
pay tar his fancy, as he must abide by his agree-
ment. If he had a new mot' to snake to his
Lordship, he must support it by fresh affidavits.
Mr. HART replied, and said, if there was such
an order in the Registrar's office as lie had butted,
he only asked that it might be passed.
The LORD CHANCELLOR—" was the Re-
gistrar of the day ? Let inquiry be made, and also
whether there is such as order in the office, and in-
form me to-morrow morning. As to the payment
of the interest to the Defendant, take it as my de-
cision, if I do not alter my mind between this and
to-morrow morsiing, that it ought lobe paid to him
immediately, and that personally.
SMITH it the mutter of SMITH, a Liotatie.
The LORD CHANCELLOR in this case (which we
reported yesterday) directed that the commission of
lunacy should he worked in Cardiganshire, as prayed
by the wife of the Lunatic, and not in Swansea, as
prayed by his mother.

VICE-CHANCELLOR'S COURT. Loicoues
TRVILIDAIN UK. 15.

Sir JOHN LEACH, at eleven o'clock, took his seat
on the Bench, for the tint time, as V ti:E-Cnsa-
CELLOR, end heard severe) motions, of no interest
except to the parties concerned.

Mr. BENTON asked his Honour to allow a mo-
tion to stand over until to-inorrow, on account of
the absence of Mr. Agar. who WIV to oppose it.

His Honour the VICE..CIIAPICELLO.Ii" There
is no man in the profess who 1110 a greater re-
spect for the Bar thin I have, or would do more to
serve or oblige the individuals at it ; but I have an-
other duty to perform, that is to the public, and
the suitors, and I never will grant an indulgence to
one suitor at the expense of another. I sit here to-
day to hear motions, and I will remain as long as
there are any before me. There is a paper fixed
for to-morrow, I I will not alter it for any other
busitieri. I think it a duty I owe myself, as well
as the liar, to state thus much."

Ills Honour rose at half-pant one o'clock.

COURT OF KING'S BENCH, Gump:Litt.,
JASItiIIY 15.

Sittings before Veil' Justice ELLEN soROUGH, and
Special hiraes.
THE SPA-FIELDS RIOTERS.

iECILWITH V. MATTHEW WOOD and ANOTHER.

Mr. BOLLAND opened the pleadings. The de-
claration in this case set forth, that, 1111 the 2d of
December, in the 56th year of his slajesty's reign,
a number of persons, ewa►uting to more than
12, slid riotously and unlawfully assemble, and did
break the walls, floors. windows, and other parts of
the Plaintiff's house. to the damage of more than
2,0001. The second count, its addition to this.
stated, that the said unlawful assen►blage also broke,
demolished, and carried away, a large quantity of
tire-arms. T. this the Defendants pleaded, that
they were not Inside to snake good the damage.
Mr. G RN EY stated. that this action was founded
on a statute, passed in the early part of the reign of
George I. for the protection of individuals whose
property happened to be destroyed by tumultuous
assemblages of ill-disposed person.. The Learned
Counsel then proceeded to detail the circumstauces
which took 'dace its Skinner-street, on the gd of
December, Isl 6, as they afterwards were given in
evidence, and observed, that, in the course of half
1111 hour, property to the amount of 1.2501. was
destroyed. The present stetson was brought avian
two very respectable Magistrates, inhabitants of the
hundred in which the outrage complained of was
perpetrated, and, ►f a verdict were returned for the
Plaseitill, the damages would be assessed on the
entire hundred. It was admitted that they were
inhabitants of the hundred, and liable to this tic-
ti 000 —and that the Plaintiff had a right to bring it.
All, then, that he (Mr. Gurney) would have to
prove was, unit the mob, to use tl►e language of the
law, had '' helper' to demolish the house." Te
sustain thus action it was not necessary that they
shnuld pull the house down ; it was suff►cient tf
they co ttttt tetwerl tlw work of &sedation, with that
intent. If lie proved thus, the neat consideration
would be the amount of damages-6nel on that
point he would lay satisfictory evidet.ce bet re the

Jury. The Leathed Cuuusel then proceeded tt►
call his witnesses.

Edward Hone was foreman to the Plaintiff, in
1816. He lived at 58, Snow-hill, and was st guts-
maker. On the 2d of December, 1816, oboist
one o'clock, he was its the shop, talking to a Gen-
tleman named Mr. Platt, who brought in some-
thing to repair. lie and witness could slot agree,
and Platt was leaving the shop, whets a young man
entered with a pistol in his hand. He stamped his
foot, and cried out " Arms ! arms !" Mr. Platt
placed a hand on each shoulder of the young 111:111,
saying, " My good fellow, consider what you are
about !" The pistol was immediately tired by the
g matt. and 3lr. Platt was wounded ass the
belly. About five or six persons f..110*4-41 Ihr
yoking mats into the shut., who theft left it. IV it.
0~41 the dom.—Hod Mr. Plait
exelaimed that he was ss, ltd, and called tor a
1.11140.1:11. The parish beadle rune in, and
gave ilie young itsali its custody to him. Hr was
11ke'll 11/ the • bow lionise, alld afterwards up
stain.. Five 4.r six hundred persons. who had lire-
intsply passed Mr. Beek with's house, returned,
after the young 111111 was secured, said 'aid, " This
is the house—vie'll have hint out." Willit•AS %Vali
at the door, and begged of them not to do any
damage. They sand, We'll have him nut."
%Vanes*, for the purpose of getting them away,
declared that lie hail escaped down Seecoal-lour
—but they did net credit the assertion, and
'till cried " We'll have him out !" A brewer's
man, with a brootu-stick its his hand, theta at-
tempted to break the windows. Witness en-
treated lain not to hurt Mr. Beckwith's property,
sisal again said " that the young titan was gone
down Stecoul-lane." The mob retired a little, and
a cry of " To Tower-kill" wits raised, its which
witness joined, in order to get them away. At this
moment. the young man put his head out of the
two pair of stairs window. He was isninediatelv
seen—aud the devastation then began. The brewer's
servant assailed the windows—the frames were
broken to piece--aud the guns which were exposed
for sheer were dragged oust anal distributed amongst
the mob. They entered the shop, and seized the
arms there. They then went into the countitsg-
house, where there were -malty gusts ready fur ex-
p•irtation, mod these they took. IVitiiess was so
frightened, that he left the house, for the puspose
of taking a glues, to cheer his spirits. On his re-
turn. lie found the snob still occupied in the work
of destruction. They were throwing pounds of
powder, enclosed in tits cases, to each other—bags
of shot were 'centred about in all directions—
and the cases of daelling-pistols were opened.
.I‘—[liere two accounts. one of arms never re-
stored, the other of arms returned in a damaged
stale, were handed to the witness, who declared the
items contented in it to be comer. Indeed some of
the articles he conceived to he undercharged.) —lle
pan the young mats go out of the shop with the
snub. They would hose pulled down the house,
he was convinced, if they had not found him.
Cross-examine:/ by the COJIMON-SERJEANT.
Witness was not an evidence on the trials of the
persons indicted for this offence at the Old Bailey—
nor was he present at the triulv, lie went before
the Grand Jury, sod was examined. He did not
know the person of Cashman, who was convicted,
and executed before Isis master's door. The young
mats took it raise of ditellitig pistols from the count-
ing-house and loaded them. He remained in the
shop several minims with the other rioters. When
the people had seized the arias. they went away
towards the Tower. He did not know whether the
rioters did any mischief in the upper part of Plain-
titre house. They called out, " Arms ! arms !"
wit' they supplied themselves with them. lie did
not hear any one say, " Let us pull down the
house!"

George Weir lived on Snowhill, within two doors
of Mr. Beckwith. On the c.trl of December he was
in Mr. Beckwith's house. when the people broke
the window.. They cried, " Pull down the bl—y
house, we'll have him out !" That was repeated
by several voices. The attack then commenced in
the roost furious manner. They first broke the east
and afterwards the west window. A brewer's dray-
man. armed with a broomstick, began to demolish
the windows. The mashes were completely broken—
so much so. that one of the rioters got in at the east
'Vhe interior of the shop was entirely de-
stroytil—but he did 1101 see any of the stone or
brick-work damaged.
Cross-examined by 211 r. TIND AI. L.
Witness gave his testimony at the Old Bailey on
the trial of Cashman and tour others, who were
indicted for stealing those arms. He was not sure,
whether he then stated, that the mob cried out
" Let us pull the house down !" hut he was posi-
tive the exprtssiiisi was used. There were u great
many boys as well as men iu the crowd. Both mete
and boys were taking out arms—but lie saw 110
boys iie the shop. ll' they merely waisted anus.
they could have gut them without breaking the win-
dows. Witness saw you'll; IVatson. Ile was the
leader—and lie did mot think they would have
touched the house, if lie had not been taken.

J. A. Ilaughtim, a carpenter, was employed to
repair Plaintiff's huuse, after the 2d December.
One of the windows was broke.' to pieces—the
other was nearly destroyed. The sashes of the
glass-cases were also broken to pieces. Ile repaired
the windows—and received 161. Is. Id. for ins la-
bour and materials.

Cross-examined—The glans-cases were fixed in
the shop. They were shew-glassei—but whether
such as pemini put up, when they entered the
house, and took away when they miaowed, he could
not tell.

worth 5741/. 15..—t1.re I.iitv worth otily
265/. 1.. bd.—the ditletettee being 305/ 144. 61.
Ile cones ibeti the thins token nwat, and ucttr
!toured, to he ellstell at !11 1/. 11}.
(*rosy extienirool.—Tlst• article.: miss'nest. apetar-
ed, is, many iteoatiees, to have hero wed tomtits's
the aitsrlost a, f.r 11,e ats.els acre tilted with proti-
elet of tr,laba. lit till, east 11111 l ed 35 strudel., gulir
atoll pistols, aim Is were tla.ssesed, of a tatooth
after the riot to,.k place. At a pubst gotta tithe,
hr examined :, few more. The mousing alter the
disturhauee„ t.f the damaged artiaita its
ti'. Berk shop.

Thoisa.. Jostui«r, gloom:titer, of Ludgate-hil►.
1•.5.l tookt .1 dt the le.t for 1111111111 carried aw.y. told co .
reived the pro e. to lie ttirrr• et. Ile haw urea) ut
the d itsesato-41 Kin• Wad Ifibtf.k. Mid they tygrrr►rd
to have hero rs•r I with grreit VIIIIIVIOCC. Ti,.. SitiCkd
of several of them it re itenticlied, so if by Ow*.

Smoot] Nock, N Kute-moker. had alsi. rttosnissril
Illy 11-t of guns and wools' taken 1r Mr. Berk-
oho',, Hod hrlurved iii# 'wires to Ire just% Ild
omve the ..Inch appeared as if they
had been soied As wessFusis fur locakiog open clouts
us svisstlows.

This was the case for the Prosecution.

The COMM 0 !.I.:RJ E4n T, for the Defendant,
argued, that, to Enable the Plaintiff to recover, 4
specific felony, tinder the IPh of Geo. I must be
proved to have been (intimated. By that butter
it was a felony for any tumultuous assemblage •• to
demolish, or to begin to demolish, any dwelling-
house." Where such un act was committed, the
prti.ou injuredeltarl his remedy by action, against
any two of the inhabitants of the hundred—and, if
he obtained a verdict, the damages were to be de•
frayed by the hundred. Two points were, there-
fore, to be considered if, this curie-Ist, whether the
Manila was entitled to recover at all, a hid, he
could not unless a felony was co 11111 l turd under
this Act of Parliament, and he would contend,
that the damage winch Mr. Beckwith had laa..
tallied by this infamous and treasonable b, did
not arise from any offence committed under this
statute—for they had
with the intention of pulling it down, hut had quite
another object in view. The next point, if the
Plsiotiff obtained a verdict, wis, what damages
ought to be awarded to him ? And he was pre-
pared to argue, that by far the greater part 4/f the
sum claimed, could not be recovered, inattnuelt
as damages could only be given for such articles as
were destroyed on the premises, while the work if
demolition was going on, mid not for those tent
were feloniously (wrier! away. The Learned Gen-
tleman then contended, that the object of the mob
was, not to demolish the house, hut to procure
arms ; and that, whatever d ge took place, was
effected in the furtherance of that specific of j.•c•,
which was a felony of another de-criptioti, and not
at all covered by the statute of George 1. hider•'
Mr. Beckwith's legal advisers were of opiiiinfr,
that this was merely a breaking, entering, owl
stealing from a dwelling-house in the day-time—
and fur that offence four of the rioters were indict, d
and tried at the Old Bailey—of which nu, bef.
one (Cashman) was convicted, and was execrated
opposite to Mr. Beckwith's door. In the 'feat
place, the Learned Gentleman argued, that tit-
Plaintiff could not recover either for the attic!. a
returned in a damaged state, or for those that were
taken away altogether—because it had been d".
tided in I cases, that the hundred was only
liable for damage proved to have been done in the
course of the demolition, and was not accountable
for property feloniously carried away, which con-
stituted a distinct felony in itself. The original
purpose here was not to demolish the house, hit
to get arms, and afterwards, they applied them-
selves to the rescue of young Watson, who hail
beet, secured for a capital offence—which re►cue
was also a felony, under a ',articular statute.
Lord ELLENIOROUGH —•• The question ir, what
would they have done, if they could not get the
young man away ? The second witness stated, that
they cried. • Pull down the house, unless he is
given up !' They therefore contemplated the Offing
of a particular act, unless a certain condinfor was
acceded to—and they commenced the execrition f.f
that act. It will he for the Jury, if they find fer
the Plairitiff, to give the total amount of damage•,
and it will he a point for consideration, !terrific',
Ihow far the hundred is liable fur the arms carried
assay. and not appearing to be destroyed in the
course of the demolition."

Mr. GURNEY-" It will he seen. that all the
arms returned were used fur the..purposes of demo-
lition. Of those that were never restored, I cannot
say what number Mall employed in the seine sway—
but I think it leir to argue. that the arms winch
never re-appeared, to the amount of gt 11., were
taken away for one common purpose, and cannot be
distinguished from those that were returned, and
bore 01l them the marks of the mariner in which they
had beers employed."
The tfibINION•SERJEANT tire,. mated, that he
would riot loess Isis objections further, as. with Irk
Lordship's leave, lie would have au opportunity
hereafter, of contending that the hundred was not
liable to make good the articles stolen. Ile should
now content himself with proving, that the takiog
away of the guess and pistols Irmo the Plaintiff '4
house had been made the subject of a prosecution
for theft—a dostinct and separate felony.
Mr. T. Wood produced a copy of the record of
the indictment against Calituars and others, at the
Old Bailey, for felony.
Croweramined.—llls father conducted the pro-
secution—but Mr. Beckwith had nothing to do with
It, except as a aline's.
Lord 7'.I.I.IINBOKOUGH observed. that the ill-
dieting a person fora particular offence. where si -
vend crimes were committed. did not alter the
character of the rest. The complication of c
did riot destroy the nature and quality of each. In
a case where felony and murder were perpetrated,
au indictment for the one could not alter the nature
of the other.