The British Press; or, Morning Literary Advertiser.
London, England, 1818-01-14 00:00:00

MR. BONE'S SCBSCRIPTIOY.

corir OF A LETTER FROM LORD 111F/TO7/ TO
WAITRINAN.

Cronleth Hall, near Liverpool,
January 11, 1817.

SIR—I address you Goat a sick bed, from which l away,
ihaps, never rise, awl take advantage of an interval
twin pain to send you a draft fur Oise hundred Guineas to
he applial to the Subscription for Mr. Muse, of which you
e Trraserer.

1 am happy, whatever may he the issue of way illness, to
he able to mark say abhorrence of the tyrseeical, vindictive,
irld persecuting spirit which was manifested on the late
Trials—my contempt for the spiteful Imbecility which urged a
continnauce of them, after the failure of the brat—and my ad-
miration of the intrepidity and ability of the individaal who
so triumphantly defeated the greatest anil must daugerous
conspiracy of the year 1817.

I fear my tiller will be hardly legible, as T have MEN
difficulty in even bolding my pen.

To R. Woithmao, E.q.

I am. Sir,

TUnC obedient braible Servant.
SEFTON.

KING'S THKATRE.

A very splendid and numerous audience were last
night !present at the repetition of PARR'S opera of
Geiseisio. The boxes rparkled with beauty nsid
Etslsom, long before the termination of the first
act—and the pit was well attended at the com-
mencement of the opera. The beautiful music
with which this opera abound*, and the host of
talent by which it is supported, resider it more thou
cot only attractive. The great ornament of the
piece, Madame Foliose, does perfect justice, as an
actress and it singer, to the character of Gristlda.
There i 4, in her demeanour, an ineffable mildness
and inoileaty, on which the heart lures to repose—
mid the soul of melody itself seems to speak, when
she pours forth her rich tones, in some soft and me-
lancholy strain. Nothing can be imagined inure
dr lainiesly pathetic than her performance of the
first iota of the duetto, " L'uwgel the she sal aide."
It would penetrate the moat obdurate breast—it
would create an appetite for harmony in those
who had previously despised it. This effort can
only be equalled by the manner in which she
sitters the prayer fur the happiness of Doriste
who is introduced to her as the intended wife of the
Marquis. It is a most affecting composition, sod
M.idisme Foooa threw into it an intensity, but, at
the same time, a delicacy of feeling, that fousul its
way to
applauded throughout the evening. Signors Cat.
V t and BEGREZ distinguished themselves greet-
'iv. as the Marquis and Leash's,. The latter was pe.
coliarly happy in the canalise. " A lei cite adoro."
Stwoof NALDI'S Clunareale was exceedingly comic
—.111.1 the sprightliness of Signora Moat was seen
1,, great advantage in the pert and intriguing Li.
redo. The duet between Mealtime FODOR and
Sigro.ria Moat, ‘‘ Vederlo sop brunt" was en.
thissinstical:y encored.
The new divertisement, Le Depart de Sancho
Panto, was received with the most flattering smirks
of approbation. Wu were much delighted with
the tuttastrt Pus de nois, with which it emu-
s. Mademoiselle MARINETTE. one of the
graceful trio by whom it is danced, Is au artiste of
great ability. tier attitudes are excellent—awl
their are a playful lightness in her step, soil ass
unaffected ease in her action, that rivet the ;Meu►
boa to her iserfurmance.
The new ballet of .Etims et Ftticie followed the
itia.r.t, sod gave the new dancers Aludeuviiselles
CorLits: and LEBtt ETON. and Monsieur' Hut.t.tx
:ma loess .11ST, • second oppoopisity for the dis-
play of their powers before a Ihitisb audience.—
They performed with greater spirit than on Saturday
evenissg, and were much applauded. On this oc-
casion. Mr. OSC•R BYRNE shade his first appear-
ance, tins season, in * Pas tie Dews with Made.
moiseile ot.ET. Osi his entre lie was loudly greeted
by the applause of the audience. lie danced with
at.cuinition energy--and the 'wetness and spirit of
hi. executiots elicited bursts of approbation. Ills
pirouette was, in porticuler, admired by the cog-
tmscenti. It was resod end vigorous, without ex-
traiagance or confusion. This plant of native
groan., may, we think, vie with the best produc-
tioi.s of a foreign *nil.

iIELANCUOLY ACCIDENT.—BRIGHTON, JAN.
2.—This morning about 50 Noblemen and Gen-
tlemen assembled at Staudend, near this town, to
ei.i..y the diversions of the chase, with the aubscrit•
tow pack of harriers. After running in at the death
of two hares. they took the direction of Dictating.
At this spot Caplan', CURTIS observed Master We-
lilLitAll.l., a fine youth about 14 years of ag,e„
ue-
phrw 01N1r. Serjeaut RUM NINGTOR. mounted upon
ti spirited hone, with his feet ill the straps of the
stirrup'. The Captain warned the boy of the dan-
ger of riding in that manner, awl requested his,.
not to join in the sport of the field. Unfortunately,
at that moment the hounds passed in full run, when
she animal stinted of. and in less than ten minutes
the youth was seen to lose his seat, and !wag 'w-
ayside.' by the straps. His head was knocked against
the new kid flints in a most dreadful manner. The
4sinse, fouling itself iocumbeted, plunged. and
quickened its speed down Staudend-hill, whilst the
I:emit-men in the chase were endeavouring to
...I'll the carter of the animal. The hounds
• joiord iii the pursuit, and when the horse
• I, stopped, actually stood at bay. We sincerely
t to add that the youth was .literally dashed to
I. • t and was lifeless. This melancholy event has
a-ioned the most painful 'action in this tows.
%limit two o'clock on Saturday morning. the
,orr of the Knightsbridge gate, 11111 the road be-
"rt..' Tewkesbury amid Cheltenham. was called sip
11.01 eit the gale, and, immediately on unclosing
iii. tins., was knotkril down by two fellows, who
sit..;!4ell 16111 into the howte, suit threatened if lie
410 it iheitely inform them where his money
w,.. .I,pieloted, they would heat out Ins brains.
1'6,1 then roli!tril the house of about Id. in money.
a will( h. .1 new suit of dollies. and oilier !property.
alt' stud' they got clear Dlr. One was a short
by..ut atau,, n 1 a smock flock, and both appeared to
/wculht r.,

LAW INTELLICENC'E.

COI'RT OF CHANCERY, I.moties bur,
TUUDAY, JAL. 13.

PICKERING in the ■otter of ?magma,
a Bankrupt.
The Court was occupied the whole of the day in
hearing two Petitions in the above Bankruptcy, of
no interest except to the parties concerned.
The LORD CHANCELLOR slid out give his pro-
mind pailgueents.

COVRT OF KING'S BENCH, GUILDHALL,
TUESDAY, JANUARY 13.

Sittings before Mr. HOLM) YD, and Special
fairies.

lERTHOM au/ ♦NUTHER r. LOUCHNAN.

This
wing an action on a policy of insurance, on
part of the ship Mai de Dias, and a portion of the
goods on hoard her, on a voyage from St. Michael's
to Persuinibuco avid back, at six guineas per cent.
T4ie action was brought by Messrs. Berthosi, as
the nominal Plaintiff.. the real owners being
Messrs. Jose Antonin Vasconcellos and Co. mer-
chants. residing at St. Michael's. The vessel, it
appeared. sailed from St. Nlichael's, in the latter
end of Nlay, or begiouimg of June. 1811, and,
having arrived at Pernambuco, landed her freight,
and taken in a fresh cargo, she commenced her
voyage back to St. Michael's, on the 3.1 of Septem-
ber. 1811. On or about the sth of September, she,
however, foundered at sea. On the 12th of Decem-
ber fol low i M essrs.Viiscosicel lots wrote a letterfrom
St. Mich;sers, directing the Plaintiff.. their agents
in I. lon, to effect au insurance on the hull of the
Mai de Thus, fur 2,1/001., and on the goods for
1,51)01. This letter was received by the Plaintiffs
on the 27th of January, and they effected the po-
licy in question on the 31st of January, the De.
femlant being an underwriter for 2001. When the
loss of the vessel was ascertained:and application
was made fur the payment of the sum insured, the
Underwriter rifused, on the ground. that, as the
vessel was lost early in September, and the letter
to the persons who effected the insurance was not
written until the 12th of December following, the
1t,,. must have been known at the time, by the
owners. Mr. TOPPING, who stated the case fur
the Plaintiffs, observed, that he would prove that the
loss was not known at St. Michael's for • month
after the letter had been written. But it might be
arid. that, as the vessel sailed in May or June,
and was not heard of in December. the owner had
a right, at the time he wrote the letter. to consider
her as lost. In answer to this he would skew, that
it was not an uncommon thing, in consequence of
the difficulty of procuring a cargo at Pernambuco,
fur ships to be detained on their voyage from St.
Michael's to Pernambuco and back, fur seven or
eight months—and, as there were no packets be-
tween the two places, by which the time of the de-
parture of a ship from Pernambuco for St. Michael's
could be known at an early period, nu apprehen-
sion was entertained of a vessel being lost, for •
mach longer time than would be sufficient to excite
suspicion in other cases.
The policy of insurance was then put in and
',roved. It was dated the 31st January, signed by
the Defendant, mod purported to be for six guiums
per cent. for the sum insured.
The deposition of the Captain of the ship was
then read. It set forth that the vessel was lust on
the sth of September. Five persons were drowned
and IS saved on that occasion.

The deposit. of Mr. Canllos, a merchant 3t St.
Michael's. pet forth, that the news of the loss of the
Mai de Dios did not reach that island wall the
1311 i of January, 1812—bring a mouth after the
letter written by Vascoucellos to the Plaintiff's,
authorising them to effect the insurance. The dif-
ficulty of procuring a cargo at Perna►nbuco, often
occasioned a delay of three ur four months, before
a thip could return to St. Michael's. The overage
time taken for the voyage alone, from St. Michael's
to Pernambuco. was SO or 60 days—and the same
bock.

The depositions of several other persons stated
the smite facts to the length of the voyage—the
delay in procuring • cargo—and the ignorance of
Viniconcellos as to the loss of the vessel, when he
wrote the letter of the 12th of December.

Me. WillaTarr, for the Defendant, contended,
that Vaiscoucellos had Mewled the Underwriter by
the statement contained in his letter of the 12th of
December—and ►f this were the fact, the Plaiiitiffs
had no right to recover. This was evident from
the statement csnitained in one of the depositions.
By the answer to our of the interrogatories, it asp-
pesred, that the vessel arrived at Pernambuco, in
the second week ofJuly, mud, immediately on that
event having taken place, the master wrote to his
prix cipal, tia Lisbon—and it was also deposed.
that the fact of the vessel laming reached Pernain-
him° had arrived at St. Michael's, and was gene-
rally known there !wig previous to December.
These facts were essential as to the risk—mid it wa.
the duty of Va•euneelloa, when lie wrote his letter
in December. 1811, to have given notice, that he
was aware the ship had arrives! at Pernambuco
early in July. She was a small ship, and
therefore took but a short time to load. Now,
even allowing that ►he would be two or three
mouths procurioc u cargo, and two months on her
voyage back, thw would only comedown to Novem-
ber—and, therefore, suspicion must have been ex-
cited in the breast of the owner, when he wrote
in the month of December; and that suspicion,
and the cause of it, should be ►tated to the Under-
writer, iu order that he might demand a prupport.•uo-
able risk. But, in fact, it appeared that sire had
got her cargo completely on board on the 3.1 of
September, 1811—she should, therefore. have air-
rived, in the courmmt course of things, iii the mid-
dle of October—and %et Vasconcellos sorter at-
tempted to insure the vessel until December, when
. lie Legal' to grow a little nervous on the subject of
her safety. It was also very remarkable, that the
letter dated the 12th of December, did not arrive
till the _"7th of January, when, in point of Get,
the Sis►ers. a vessel that sailed from St. Michael's
shout the jlio of December, 'Tired in the poet
London on the 9th of the following mouth. This
excited a suspicion, that the letter was widieti some
time alter the day the dale of which it bone.
Edward Tarim, slated, tha►, at the time the

suratire was effected, he was in the house of Tanner
and Co. Ile received, on the st9th of January, a
letter from St. Michael's', brought, he believed,
by the ship Facovrite, which he banded over to

W. S. Bennett was consignee of the cargo of the
ship Favourite, which arrived in January, 1812.
The date of the bilk of lading Was January 2,
18t2. Witness was also consignee of the cargo of
the ship Passe, which arrived on the 29th of Ja-
nuary. 1812. The date of the bilk of ludi.ig was
the 7th of January, 1812. The fruit season at
St. 11fichaers commenced at the end of November
or beg' gof December. During the fruit sea-
son, many vessels were dispatched from St. Mi-
chael's to London. Witness had received a cargo
from St. Michael's. by the Sisters, on or about the
9th of January, 1812. The hills of lading were
dated on the 7th of December, 1811.
Cross exantined.—A letter from Vasconcellos was
handed to witness, who stated, that the mark ou
the corner denoted that it was a duplicate—but
there was nothing in that letter which shewed that
another was sent previously. He knew of no ship
having miscarried from St. Michael's, in that sea-
son, presious to the date of that letter.
William Janson deposed, that. if in the letter of
the 12th of December, which was received on the
?9th of January, it hail been stated that the shit•
had arrived at Pernambuco iu the second week of
July, it would have made a great difference in the
rite of insurance. If ha had been informed, that
the ship hid 'mired live mouths at the Br.mls, lie
did not think he would have insured her at all ; or.
if he did, it would have been at a large specula.
live premium. Under the circumstances now stat-
ed, the vessel would not have been insured under
40 per looking to the letter sent by
Vasconcellos, lie should have supposed the vessel
was in due course, and would wily have looked fur
the regular premium.
David Millie had been, for many years, an un-
derwriter at Lloyd's, and conceived the letter of
Viisconcellos to describe a common risk. lf, how-
ever, witness had been informed that the vessel Intl
sailed in the end of May, on a voyage from St. Mi-
chael's to Pernambuco, and back, he should, on
the 31st of January following, bring then put in
possession of the fact, that she had not come hack
to St. Michael's on the 12th of December, have
considered her to be a missing ship, and " would
not have touched her with a twigs."
Mr. TOPPING replied.
Mr. Justice 1101.110 YD summed up the evidence.
The Jury retired, and, after half au hour's con-
siderations returned a verdict fur the Plaintiff:—
Damages 2001. costs 40.

THE KING V. THE INHABITANTS •F MIDDLESEX.

Mr. MARITATT stated, that this was an indict-
ment instituted against the Defendants, for not re-
pairing a certain bridge, on the high road from
Hendon to IVestminster, situated near the five mile
stone oil the Edgware-road, generally called Brent-
bridge. The bridge was partly situated in the pa-
rish of Hendon, and partly in the parish of Wils-
den—and the whole of it was notoriously out of re-
pair. With respect to that part which was los the
parish of Wilsden, the county made no defence,
except that it was not out of repair—hut the con-
trary he would easily prove. As to that portion of
the bridge which was situated in the parish of Hen-
don, the Defendants, he understood, meant to con-
tend, that it ought to he repaired by the Lord of
the Manor, but that defence he hoped lie should be
able to disprove.
Mr. W. Nourse, a surveyor, was acquainted with
Brent-bridge, which stood in the highway between
Hendon and Westminster. hi the autumn of 1815.
be surveyed it, and found the spring of the arch
defective. The bridge only covered one half of the
highway. Witness was acquainted with the bridge
for SO years—during which time it was a public
thoroughfare for carriages. horses, and passenger.,
generally. He considered the bridge to he in a
very dangerous state. When the waters were out,
it was necessary to cross the bridge.
John Rickard resided near the bridge. It was
nearly in the centre of the road—and, at this time.
it was absolutely necessary to cross it. Persons
might go through the water—hut it was very muddy
and disagreeable. One quarter of the bridge is in
Wilsden, and the other three-fourths in Hendon.
It is now very much out of repair, almost tumbling
down.

Mr. GURNEY addressed the Court for the De-
fence. Ile would call evidence to prove, that the
Lord of the Manor of Hendon was bound to repair
the bridge, and not the county at large. The De-
fendants contended, that Mr. Lowndes, who was
now Lord of the Manor, was the proper person to
repair it—but he declined doing so, for, like other
Lords of Manors, he would much rather the
county should execute the repairs than himself.
The celebrated Mr. Garrick was the predecessor of
Mr. Lowildes. as Lord of the Mamie of Hendon.
He was called no to repair the bridge, and did so—
and lie (Mr. Gurney) would this day call the per-
son who, by Mr. Garrick's directions. executed the
to ceesary repairs. This was a very .1.1 bridge. and
must have often wanted repairs—and lie would
adduce evidence to thew, that it 'sever had been re-
paired by the county. Thus he would give nega-
tive and positive evidence—chewing, on the one side,
that the comity ~ever bad repaired the bridge, and,
nu the other, that. 40 years ago, when Mr. Garrick
was Lord of the Manor of !tendon, it wee repaired
by I
T. Stirling, Coroner for the county of Middlesex,
deposed, that he knew Brent-bridge. Ile 1110 been,
for 35 years, Clerk of the Parsee for Middlesex.
and, durilig that tidos.. never saw any charge in the
accounts of the county for repairing the bridge.
Mr. Joseph Nichol! knew Itrent-bridge from his
infancy. He is sicw 69 years of age. lie is a brick-
layer by trade, and, in the year 178 N, he repaired
tin re-fourths of the bridge, which are iii the perish
of Hendon. for the Lord of the Manor, whose
steward paid him. Mr. Lowtides is now Lord of
the Manor, and his lowlier Richard acts as steward.
to the'year 1770, the bridge consists-II of two arches.
It was ut that tussle pulled down, awl rebuilt, lie
• believed, et the expeisse of the Lord of the Manor.
It was never doubted, that threc-fourtl+ of the
bridge, iu the parish of Hendon, were liable to be
repaired by the Lord ..f the Manor.
('rocs-examined.—lle slid not know, certainly,
who paid fur the rebuilding of the Isridge in 1770.
Ile had rterlvrd payment fur repairiiig the brvige

prior to 1788. He was paid by the steward of Mr.
Garrick, the then Lord of the Manor. He was
paid by Mr. Garrick's executors for the repair of
1788. Witness repaired three-fouttlis of the bridge,
but he did not know who repaired the other fourth,
which was in the parish of ‘VilAris.
Mr. MARRYATT replied. He argued, that, by
the Statute of Henry VIII wherever any doubt
arose all to the right to keep bridges in reviir, it
was enacted, that the county abould, for the public
convenience, take charge of the nece,rary repairs.
Here such a doubt evidently exited—fur it dill not
appear by whom the bridge Was originally erected
—and, though* Lord of the Matter might, from a
principle of generosity, undergo a small eXpenso,
for the purpose of making a particular repair, such
spontaneous act was not to bind his succrsons.

. .
Mr. Justice Houtovn, in summing up, stated,
that, with respect to the quarter of the bridge si-
tuated in the parish of ‘Vilsden, a verdict must be
given against the Defendants--since it appeared
that that quarter was out of repair, and no reason
was assigned, by the county, tOr not ordering the
defect to be remedied. With respect to the three-
fourths, situated in the parish of Hendon, it ap-
peared, that, for 35 years, during which it had fre-
quently been repaired, no item; proving that the
county had undertaken the duty, was to be found
on the official books—and it was clearly proved, by
the last witness, that, 1111 two occasions, he was paid
for certain repairs by the agents of the Lord of the
Manor.

The Jury found the county liable to the repairs
of one-fourth of the bridge, situated in the parish
of Wiltaleillillll the Lord of ilie Jlsusor of lien-
don liable to the repair of the three-fourths si-
tuated in the parish of tiendon.

POLICE.

DOW-STREET.