The National Register.
London, England, 1822-05-06 00:00:00

TIIF.
.LING V. KNATCIIBULL AND °limns.

The tleleedurnb were round gwlly, al the fillies in
of conspiracy to Ott.' aud pL. VI :mull, of the
lloopasvcro, Palk-hint.. The fat b hate tautly uppearen
before the public.

- - .
The &I. tool:soot, Charles Knatcloball, 1. of a respectable
family. The other defend foot, asfe ait-fi'&,!.s at law. The
alleged fissuil consi..ird iu la)ieg efiolon on a legacy of $;)01.
nod renoe,etning to Alk. Wooi 'editor of Onions
1> uutcbbull, 1.141, shot 11,e some had ilf,t broil paid, then in
fact it h:d not been reeeised. Tie so:tonne', %tete inti,l:cu•
led Ina:mochas the. joined us the usisitel c:cotatfuti.

. • 4.

143

Mr. Denman this day moved for a new trial upon several
afilavits, which detailed much contradiction in the evidence
Aim in support of the prosecution. There was a total ab-
sence, be contended, of all motives of conspiracy and wilful
falsehood.

The Lord Chief Justice stated the grounds upon a hich he
left the case to the Jury t and observed, if it occurred to
the learned Judges no the Bench with him, that the coni lu-
sum drawn by the Jory from the evidence was nut tight,
and that it might had to a different conclusion, there ought
to he a new ilial.

After a few minutes con•ultation upon the Bench his
Lordship said, " I have communicated with my learned
brethren, hod they think the best course, adverting to all
the evidence, is to let the matter be further considered."
Mr. Denman taccoriiingly took rote to shew cause.
WEDNESDAY, WAY I.
DOE ON DEMISE. .••••• N. GODWIN.
Mr. Evans moved for a new trial in this cause. It was
an action of ejectment, brought to recover possession of
a house in Skinner-street, occupied by the defendant.—
A verdict was found for the plaintiff. The house was is
part of the premises included in the City Lottery, and
vested in Corporation Trustees, and an objection was
taken at the trial to the title of the lessor of the plaintiff.
lease bad, it was contended, been regularly granted
by the Commissioners. Mr. Evans now contended upon
the legal objection that there ought to be a new trial; but
the Court held that there was no ground to disturb the
verdict.—Rule refused.
THURSDAY, WAY 2.

BEDFORD V. BIRi.EY.
Mr. Justice Holroyd continued the leading of his report
of this trial, and having concluded at two o'clock.
The Lord Chief Justice observed, that it must be mani-
fest to all %situ had heard the repot t, that there was nut
the slightest ground for the applieatiiin.
Judge Bayley was of the same opinion.
Judge liolroyd stated, that his only desire at the trial
was to do right, and lie was happy to find his learned
brothers approved of his conduct.
Judge Best acquiesced in all the inferences drawn by
the other Judges.—Rule refused.

FRIDAY, MAY 3.

PITT V. 6TEWART.

This action was brought to recover penalties against the
defendant for bribery at the Camelford election. At the
trial, a verdict was found for the defendant, on the ground
that there was no proof that the offence, if committed at
all, was committed in Middlesex, where the venue was laid.
Mr. Pitt, the plaintiff, now appeared in person to move
for a new trial, Ull beset al grounds. He was heard by the
Court at great length, but failed to show that any evidence
was either given or offered of the btibery iu Middlesex.—
The Court, therefore, refused the rule.

MURRAY U. ELLISTON.
This case arose out of the proceedings instituted in
Chancery, by Mr. Murray, of Albemarle-street, against
Mr. Ellision, for performing Lord Byron's tragedy of
Matino Faller°, at Drury-lane Theatre. The question
stated by the Lot d Chancellor for the opinion of the Court
of King's Bench was, whether any action could be sus-
tained by the proprietor of a printed drama, fur the 're-
presentation of that drama in an abridged form on the
stage, fur profit, without his perniksion.
Mr. Scat lett comended, on behalf of Mr. Murray. for
the affirmative of this question. 'lois case was rilAvnlially
different from that of " Colorer' v. . Term Re-
ports, 245, was an action to recover !muskies under
the statute bib Anne, c. 19, for the representation of
O'Keefe's farce of the Agreeable Surpri4e, where the Court
held that the case was out within the words of the provi-
sion. That statute, undoubtedly, referred only to pub-
lication by means of the press; but the common law right
of an limbo( seas not thns restricted. As soon as the
legislature gave ur confirmed to au author a property in
his works, it encircled these works with all the protection
appertaining to every co! her species of property. Whether
representation on the stage was a publication or not,
within the meaning of the art, was not now a question;
but whether, under any possible circumstances, each an
injury could be thereby sustained as would give a right of
stet ion. Now, in the preface to this very work, Lord
Byron declared that he never intended the tragedy for
the stage, and intimated that its success 111 the,theatre
would afford no pleasure, but that its failure would
give him great pain; and surely it was hard that sus au.
thor, who wrote his play only for the closet, should; he
subjected to the ordeal of the stage against his will. Not
only would his feelings and his fame be hurt lay a failure
of his piece on the stage, but the value of the copyright
would be diminished to the publisher. The performance
of a drama would also operate to the injury of the parties
interested in its sale, by diniiiiishing the curiosity to
read it.

Mr. Justice Bayley.—So, if one man reads a book alund
to another, be may be said to injure the author by pie
venting him 110111 buying
Mr. Scarlet[.—No, my Lord ; because there nre Whet
attractions at the theatre, in addition to the play, 41111 It is
sepresented for the pin 'lithe manageis.
Mr. Justice Ilayley.—Should I not du the author as
much inischil t by giving notice that I would read his play
at my house this evening to any one who would come ?
and I should murder his play into the bargain.
Mr. Scarlett contended that a representation for profit
made the distinction between the cases; besides that, the
money that might have bought the book would be ex-
pended at the theatre.
Mr. Adolphus, for Mr. Eliiston, contended that literary
property had no existence at cottuuou law, and rested
solely on the statute of Anne, which confessedly applied
only to printed books. This was decided in the great
case of " Millar v. Taylor," 4 Burrow's Reports, 2:30r, by
a majority of the Judges.
Mr. Sea Heti, in reply. contended, that though the deri-
sion in Burrow's Repel ts was against the copyright at
common law, posteiity had attributed the weight of ieasou
to tile arguments of the minority of the Judges, mid at all
e%tviov, when a statute created a right, the common law
would create a remedy.
The Lend Chief Justice said, that the Judges would
send their CLitiiii.,tte to I;:e Loid Chancellor.

All accounts from Yorkshire, particularly from
Huddersfield, agree that the manufacturers were
never better off, or in fuller employ ; and what gives
us additional pleasure to hear is, that every thing
there is quiet, and no discontent appears-
A meeting of the county of CLester will take
place in a few days, cu Agricultural Distress.

4)Ost&rtilt•

LONDON, MONDAY, MAY 6.
•Three o'clock, pon.

The Paris papers of Thursday last reached us yes
terday, but their contents are uninteresting. They
do not furnish us with any intelligence from Turkey
that can be relied upon. They still persist that all
the efforts of the Cabinet of Vienna for the mainte-
nance of peace between Russia and Turkey have
failed, but they afford no satisfactory ground for the
assertion. Accounts from Epirus announce the de-
fection of the Albanians, and the embarrassing po-
sition in which Churschid Pacha is placed by the
event. They have been joined by several Helenist
corps, to co-operate for the destruction of the Turks.
—The defeat of the Turkish fleet by the Greeks is
officially confirmed in the Paris papers of Thursday.
The Session of the French Chambers was closed by
a royal proclamation of the King on Tuesday last.

Pains, MAY i.—The Chevalier Hamilton, the
new ambassador from England at the court of Na-
ples, had the honour of being presented, on the 7th
of April, to the King of the Two Sicilies.
The Court Royal of Toulouse have prosecuted
Messrs. Fauron, Motion, and Mene, law students,
accused of rebellion, in opposing the police and
armed force .in the troubles which disturbed that
city. The first of the individuals was pet at liberty,
and the second sent beck to the Tribunal of Correc-
tional Police of M u rel _ _ _

A letter from Toulouse of the 26th ult. states,
that the hope of rain has not been disappointed, but
unfortunately the rain was not without storms of
hail, which 'have greatly injured the gardens and
sines west and north west of that city.
On the 22d of April died, at Nanci, in the house
of the visitation, Louise Catherine Andehee, a sister
of that monastery. She was born at Oberbarbach,
in Upper Alsace, on the 15th of January, 1819,
consequently ahe was aged 103 years, three months,
and eight days; she had been 74 years a nun, and
preserved to the last moment gaiety, amiableness of
manners, presence of mind, and the perfect use (Sher
senses.
ADJOURNMENT OF THE FRENCH CHAMBERS.

T IMO OF MAY 1•
At half past one the President took the chair ; at
two o'clock the Ministers were jutroduced. After
some routine business,
M. Corbiere said, " Gentlemen, the King has or-
dered us to bring down a Proclamation, which ,1 now
hand to the President. The President then read
the following Proclamation
•• LOUIS,
" The Session of 4141 of the Chamber of Pecs and the Cham-
ber of Deputies of Departments is c:osel.
" The present Proclamation shall be carried to the Chamber
of Deputies by our Minister, the Secretary of Mate in the
Financtal Department.—Dune at Paris,
The President.—Article IV, title 2, of the regulations of the
Jaw of the 13th August, 1814, is in these tenns•—•
" The Chamber shall separate at the instant a Proclamation
ostlers the termination of the Session, the adjournment or disso-
lution of the Chamber of Deputies."
The whole of the right side exclaimed.-" Vivele Rot!"
The Assembly instantly separated.
TRIESTE, APRIL 19.—We have just received the
following bulletin
:.
"GREEK GOVERNMENT.
" The President of the executive power makes known, that
the enemy's fleet having been put to Right, after the naval en-
gagement of the 20th February (4th Match), and pursued by the
national fleet, the latter repaired damages on the 25th February
(;iti March), at Cape Papa. It then advanced in close order
towards Patna, where they found 24 of the enemy's vessels, part
or which ran to save themselves within the Castles of Lepanta,
end the rest were burnt at Agia, (anchorage about a league from

Patriss.)
• The Greek fleet passed the night following between Mimeo-
longi and Patna. The next morning they navigated towards
nitres, carrying terror to the enemy. The niche Mehemet,
who had lett the fortress with a few troops. seeing the flight of
gime of the ships, and a gis:tt part of the naval division burnt,
returned with consternation to the fortress.
(Signed) " ALEX. MACROCODATO,
President of the Congress.
" The First Secretary of State for 110..mign Affairs, and Pre-
sident of the Council of Ministers.
Ist (13) March. " THEODORE YEGRI."

On Saturday night, about nine o'clock, Samuel
AVaddington, of radical notoriety, was apprehended
by a Bow-street patrole, under the authority of a
warrant, charging him with publishing a pamphlet,
entitled " Palmer's Principles of Nature."—The
officer entered the shop of Waddington, in the
Strand, and producing his authority, wok him to
Bow-street.—Waddington being placed at the bar,
the charge was made against him, and he was or-
dered to hind bill, lie requested to go to some
lock-up-house until he procured it, but he was ►ent
to the New Prison, Clerkenwell.
Consilcrablo orders for arms have been recently
received in Birmingham, from Russia.
Workmen arc actively engaged in forming the
flew-race course, Brighton, which there is every
reason to believe, will be in good order by the 26th
of July, hen the races will take place.

The Winchester, of 60 guns, is to be launched
from the deck yard, at Woolwich, on the 21st of the
present month.
Assomsvox Or !DIMS —Bishop Stillingfleet,
tells a story of a clergyman, who was eagerly en-
gaged in a fim chase, when the fox took to the earth,
on which he cried out, ." Gentlemen, I must leave
you, this puts me in mind that I have a corpse to
bury at four. &clock this evening, and I fear that I
shall be an hour too late.' _ _

Ilchester gaol is, its seems, to be pulled down,
and a new one to be erected on a more appropriate
site, and the materials of the present prison sold.
On the 3d of December last, a murder was com-
mitted, in the Rue Feudlade, at Paris, on the family
of a M Monstier, a banker. On that occasion the
editors of the Gazette de.Franee, the Consli
the Dehats, L'Etoile. and the Journal de Paris,
accused a man of letters, named Peiquenard, of
the crime. The injured party has since proceeded
against the above papers for injury of character, and
obtained from one Journal 5000 francs, and from
each of the above 10,000 francs damages.
A grant of land of 100,000 acres in Venezuela,
made to General D'Evereux, by Bolivar, when
brought to the hammer, at the Auction-mart, a few
days ago, fetched but 330 guineas, somewhat less
than a penny an acre!
By u letter from Kingston, Jamaica, dated the
25th of March, we obtain the latest intinmation of
the state of affairs in Peru, extending to the middle
of December. General San Martin enjoyed, it is
said, great popularity in Litna, where he was cm.
plo) ed in organizing the government on the plan
adopted in the October preceding. had sent a
torte consisting of 2,500 men to Payta, to co-ope-
rate with the troops dispatched by l'resident Bolivar,
through Popayan, Gen. Sucre being ut Guayaquil ;
those troops would, on that side, prevent the escape
of the Spanish Generals Cruz, NI urgeon, and Ay-
merich, who were in Quito. As the Chilian army
was able to spare so large a detachment, there ap-
pears to be no reason for doubting that it was suffi-
ciently strong to
,put down Generals Laserua and
Ramirez, wbo had thrown themselves with the re-
mains of :he royalist army into the Sicara (moun-
tainous district). Lord Cochrane was in the river
at Guayaquil, with three frigates and two brigs of
war—an ample confutation of the absurd story
lately circulated of his assassination.
On Saturday last four companies of the Cold-
stream Guards marched into Windsor Barracks, to
supply the place of the detachment of the Queen's
and Buffs regiments, which had been borne time
stationed there.

AFFRAY IN ST. Gites's.--On Sunday morning last
another of those disgraceful scenes so prevalent among
the lower order of the Irish, took place in some of the
back settlements in Church street, and the avenues and
alleys about that neighbourteel, and also in George- '
street and the end of Plimuree-street. The combatants
were a party of Munster men, from Calwell-buildings,
May-le-lone, and a numerous buoy of Connaught men
inhabiting the retired regions of St. Gies's. About six
o'clock a must desperate battle was fought by the whole
body, and continued without the slightest intermission
until some of the police interfered, who captured sane of
the. ringleaders, and with some difficulty lodged them in
the watch-house. ,Various skirmishes took place, and
numbers of both parties were severely hurt. -One or two
were taken to the hospitals. Toe greatest confusion
prevailed during the forenoon and a greater part of the
day. The police, beadles, sod other parochial officers,
who exerted themselves to put down the riot, deserve
the utmost credit.
A man employed on the road near 'Walton-turapike,
in turning over a heap of flints, a kw slays since disco-
vered a small silver coin about the size of a shilling, in a
good Vale of preservation. On inspection it proses to
be a French coin, stsinped during the reign of Francis I.
who, it is well known, was contemporary with our
Henry VIII.
A letter from Aincotirt (Department of Seine and
Oise dated April 27, contains the following :—Our de-
pa ttttt rot has become the theatre of devastation. Yes-
terday, at half-past nine, the incendiaries set fire to Ali-
greaten', a farm belonging to M. Marbe Marbois, and
in a few minutes 203 sheep, 3000 sheaves of corn, and
3.500 trusses of hay, were a prey to the flames. We live
here an constant alarm, having no remedy for these atro-
cities, but what we derive lions our own strength and
vigilance, which unfortunately wall not serve us long,
as the strength of the Brigands augments daily. They
announced yesterday that the whole commune of Ain
court will be burnt on the Ist of May. The Mayors
have used every effort to protect the department from
this terrible calamity. Patroles arc constantly on duty,
and the inhabitants mount guard day and Mot."
THE LATIS GALR.—Extract of a letter from Cork
containing the following from Charlestown, dated
April 28th :—" My silence on the following communi-
cation was in exproaliuu of gaining sonic particular in-
fotination on the loss of the Unity, of Glasgow, and the
4rgo, of Whitehaven, on the snore in this neighbour-
hood, during the night of the 21st inst. when. melon.
• cooly to relate, all un board both vessels perished, and
the hulls, &c. were dashed to p eves. The names were
found on a piece of the wreck washed tau shore. Ano-
ther vessel, supposed to he the I'Yy, of Bristol, 'rum the
fragments washed on shore, has also been lost, and the
craw supposed to have pi rished. Nothing is further
known regarding the !Liss tat his Majesty's sh p Corifiunee,
and it is probable there iieter will.

Shiba.
At hie house in Queen Aline street, Cavendish egeere,tha lady of C.
Pepys, 'sq. of a slaughter.
The lady of Dr. Warren. Lower Brook sheet. of a daughter.
At Malta, on the lath alt., the lady sal Depoty Comensismaty Oaberal
Telferroi a son.
to WOW'S la* Gelds, the lads of D. PoHoek, eth. barrietef at
law. of a daughter.
At Portsea, the lady of 11. Goohl, esq. of a so. sad bete.
Um. G. Adams, of the Haymarket, of a daughter.
At the Rectory. Wrlute. Estee, the lady of IL. bleholeth, vof 4
102.

,
At Ventoarille, Mrs. J. P. Rmalianan, of Aadnghall street, of • 60u.
At Met:Mira, Mn. it..Bloelkbare, of a son.
ibscrica.
At Stepney, W. E. Snow, coq.sitreeon, of Nile end, is Rinse. only
daughter id the late W. Lee, esq. ef Well street, Hackney.
At Lambeth, Mr. Chat les Palk, of Ilampstone, Devonahlre, to Um,
daughter of I. Menn,• mg. of Ilarleyford Mass, Kensington.
At Clapham, C. Field, esq. of Lambeth, to Mary, eldest daughter of
J.. Kingsford, eCI. ot Woodworth road.
At !Winery, A.lllimbeau, elm. of the royal artillery, to Easily, only
danilster 01 W. Johnson, esq. of Muswell
At Chisvolek, I'. Cloves. mi. of the Commercial road. to Mary.
only daughter of S. I loitering, esqo of Sutton court.
C. Flay, esq. of 'Newington great, Middlesex, to Harriet, yousgeet
daughter of U. SUARMI, esq. of Broadbent boom, liens.
Al St. George's, liattover equate, Charles, only NM of C. lAwrence,
eeq. of geppel street, Russell swore, to Jane, fourth daughter of W.
glower cog. of Upper Bedford place, Russell square.
At I litter., Mr. George Gent, run of the late bee J. Gent, vicar
• of Stoke and Wayland, Subulk, to Jane, youngest daughter .of the late
T. Willows,
At st. Mary's. Islington, Mr. IL Mayer, of Colebrook row, SO Anti.
•younged daughter of the late S. Llghttoot, rsq. of Lower street
At lenblidge, J. B. liostuck, mg. solicitor. George street, Mansion
1111111 Me, to sophia *Covey. secuud daughter of Holiest Airily, esq. of
Meophoth's book, Tunbridge.
At st. George's, Ilanover square, Rost, esq. of .tinntingdon, te
daughter of 11. Peters, ea.'. of Beckwurth castle, Surrey.

On Friday morning, the infant daughter of lbomas Newtoe, esq. of
Warwick s,uare.
At her house 111 Suebory, after a lingering Mum, Mn. Birch, widow
of the late L'ireh, caul. banker In Itood street, aged 77.
At his resideoce on linchley common, It. Balers, esti. of Mile mid,
aged 26.
Al her son's house, Stoekwell place, Mrs. Woolley, aged 115.
At thelxs,it, the 21„Ith )earut her age, Cathei lee, wile 01 the Rev.
.T. Mahon, and mewl daughter to the Elul of Anuesley.
At Calcutta, of a bilious level, Mos. Cal ulitp: :114lia Low, wile •t
Capt.'ll'. I.ow, 01 the ship Competitor.
At her brother's house, at ChtMuit, MISS raiWriglll.
At t-eightord, near stadord, Mm i tit, the wke of the Iles. T. W.
Itichaids.
On the Litb of December last, at Spanish town, Jamaica, Frank
Thompson, est. eldest son of the late Jason, Inumpson, esq. .11. P. toe
Leedom, aged 26.
At Berhampote, in the East ladies, Capt. Thos. fenny, of the 11t1
light dragoons.
John !Ike, esq. of Clapham, Surrey, aged 76.
1e !turnery lane, Julio Petty, eq. of I'm r)'s plate, Orford street,
ageu 61.
At her father's, the lit v. I. Rogers, at Trencham,Surrey, Eliza, the
wife of K. G. Vetter, {l4.