The Sun.
London, England, 1801-11-12 00:00:00

bRt.TRY:LA.NF. THEATRE.

MR. MANSFIELD proceeded to reply to what
had been urged on the other side. He defended the
condua of Messrs. Ford and Hammersley, in hav-
ing hitherto taken the whole of the Pit_money, on
account of the Arrears due to them, as Trustees for
the Renters. He observed also, that as it might
often happen that the Pit_money would not amount
to the sum required for the payment of the, Renters,
therefore the Trustees ought to be at liberty to take
sums of money at other times, for the .purpose of
making up the deficiency. He admitted, at the same
time, that the PerformerS"must be paid, or otherwise
no money could arise from the Pit. His Clients, he
said, did not wish to press the execution of the or-
der, according to the letter of it, and in its utmost
extent ;—they were willing, on the contrary, to
consent to any reform of the orders which the Court
should think reasonable end proper. He still, con-
tended, however, fur the appointment of a Receiver;
and he was convinced, ht said, that every Alor in
the Theatre wished for the appointment of some
person authorized by that Court, who should receive
the monies, and pay the Performers. In the course
of his reply, he said he was informed there was
82881. dos. 3d. due froth the Theatre to the Duke
of Bedford, for Rent,

The SOLICITOR GENIZRAL said, there was no
affidavit of this.

The LORD CHANCELLOR said, he should not
attend to any assertions that were not verified by
affidavit, though it might be fair to consider the
question either as supposing the Rent to be paid or
not paid.
Mr. MANSFIELD grounded his assertion upon a
Letter of the Duke of Be•dford's Agent, which he
stated to have been received, declaring that a dis-
tress was in the Theatre, and that if the Rent was
not paid before that day sennight, the goods of the
Thei:tre would be sold to discharge it. He con-
cluded by pressing upon the attention of the Court
the original objet of his IVlQtion.

Mr. AGAR. again offered himself on behalf of
Mr. Grubb, who, he said, had advanced sums of
money on account of the Theatre, to the amount
of r 5,0001. and who was now forced into a tempo-
rary concealment, in consequence of debts incurred
on account of the Theatre. Mr. Grubb, he said,
Was ready to swear that he had received no notice
whatever of this proceeding.

The LORD CHANCELLOR said, he most take the
affidavit of service of the notice of these proceedings
upon Mr. Grubb, as evidence of that service, and
he could not bear any affidavit to the contrary.
The only proceeding that could be had, in case Mr.
Grubb had not been served with the notice, was to
indit the person who swore that affidavit, for Per.
jury.
Mr. AGAR said a few words more relative to
Mr. Grubb.

The LORD CHANCELLOR said, the experience he
had had relative to the proceedings of that Court
concerning this species of property, served fully to
convince him that the Court could not, from the
very nature of its proceedings, do that ample jus.
tice to all Parties interested, which equity. requit.
ed. The interest of the, Parties would be best
served and most surely benefited by an agreement
amongst themselves: It appeared by the Order. of
Court, that the Trustees had the liberty granted
them of making application for the appointment of a
Receiver. It did not, however, follow from thence
that a Receiver was to be appointed. The Motion
that was now made, was to appoint a person to re-
ceive nightly the whole of the Pit-money, and to
pay it every day into the Banking-house of Mr.
Hammersley: He could not avoid saying, that Mr.
Thomas Hammersley stood in a variety of charac-
tets, highly inconsistent with each other ; as the
Banker and a Creditor of the Theatre, his interest
stood opposed to his duty as a Trustee ; and as a
Trustee he was called upon to ad contrary to
own private interest: He did not mean the least
imputation Upon the tharader of Mr. TM-. Ham-
niersley ; but sitting there A a judge, he was
bound to consider, not what Mr. Hammersley would
do, but what he Might do. As to the assertion of
Mr: Sheridan; that the latter had not consented to
the order as it now stood; he was bound to consider
the order as having been made with Mr. Sheridan's
consent, as it appeared so on the face of it; and it
was difficult to get rid of an Order made by consent)
unless by the consent of. those who had originally
agreed to the order; He was clearly of opinion
OA Mr. Sheridan had given his consent td the or-
der, having signed the draft of it, which he was
perfealy competent to Understand: As to the interest
of Mr. Grubb and Mr. Richardson, he was of cii)i-
nion they appeared to have stieh an interest in the
Theatre as to entitle thud to be heard: He was
sitting there to take bike of the interest of all 'Par-
ties interested in the event of the proceedings,
whether Parties Or not; and no ode would think it
necessary that every ihdividtial Performer.; or other
person conneled with the Theatres was to be made
a Party to these proceedings. That Court must
either declare its titter inability to do justice be-
tween the Parties, or compel those absent to accede
to what those present had consented to. That
Court could not compliment any Man, and lie was
to consider, not what Mr. T. Hainmersley or Mr.
Sheridan, or any other person, would do) but what
they might do; And he was to consider more pecu.
Harty upon this Motion, what Mr. I'. Hammersley
might do with the money which it was the objet
of the Motion to place in his hands. Yet he could
not, decide upon this Motion on any other grounds
than those which were legally before him ; and the
only fad which he could coiled from the Affidavits
before him was, that if the whole of the Pit money
was accumulated, the Performers could not he paid.
Mr. MANSFIELD here interrupted his Lordship
to observe, that the application was not confined to
the Pit-money, but intended to apply the whole
profits of the Theatre, according to the direlion of
the court,

•The LORD CHANCELLOR said, Mr. Mansfield's
opening bad been confined to the Pit.money. His

Lordship proceedett. it ttus sppeartkli he said,
that if the orders of the Court v.ere Upon, the
Concern would be ruined it zia's ithpOssible, there-
fore, that the Court would snpporr orders which
must inevitably produce such injurious consecetences,
and even if in their Consequeneeii they only endan-
gered the interests of the Theatre, the Court would
discharge such orders, rather than run .the risk of
injuring that Concern, and those interests ,which it
was the object of the Court to uphold and sustain
added to this, the orders appeared contrary to those
Trusts which must be carried into execution. In
'the last deed of 1795, there did not appear that
provision for the payment of the Performers which
existed in the deed of 1793. But that the Perfor-
mers had a moral and an equitable right to be paid,
must be evident to every man :—nothing could be
more clear than that provision ought to be made for
the constant paynient of the- wages and salaries of
the Gentlemen employed as AEtors. If the Receipts
were to be applied, under the direaion of the Court,
they must necessarily be applied, in the first instance,
to the payment of the Performers, and the other.ont-
goings+ of the Theatre, then the Renters and the
Rent, which might be said to be a paramount claim.
This Concern was in the nature of a Speculation. It
was the interest of every body concerned to keep
the Theatre open every night, and how could it be
kept open unless the best Performers were employed ?
The Renters stood, as it were, between the Pro-
prietors and the Performers ; they were to have a
certain share of the profits : if there was no profit,
they could have nothing ; but how could there be a
profit without Performers ? and how could there be
Performers unless those Performers were paid ? By -
the deed of 5793, the Trustees had a right to turn
out the Managers, and take possession of the Thea-
tre, if the Treasurer did not pay them +oh per
night, for the use of the-Renters ; but it was clear
they could not have this right, if the Treasurer of
the Theatre could prove, .that, after paying the
Performers, and the other ou t.goi rigs of the•Theatre,
there did not remain the sum of 401. because the
Renters could only take, after the Performers, the
Rent, and other out.goings had been -paid.. It was
to be observed, that this application was not con- '
fined to the Pit-money, but extended itself to. all
the money of the Theatre. But even supposing for
a moment it was confined to the Pit-money, how
was • he to know from any documents
.before him,
that, after taking. .away the Pit-money, there
would be enough left ..out of the produce of the
Boxes and Galleries. to. pay the Performers and
other outgoings ? And how could he tell, sitting
there as a Judge, that, the profits of the other parts
of the Theatre were such as to authorize him to set
apart either the Pit-money or Box money, or the
money taken in any one part of the House, for any
peculiar purpose distind from the 'general' purposes
of the Theatre ? It appeared to him that the orders
could not stand, unless there was an entirely new
arrangement. If a Receiver was appointed by the
Court, he must be appointed with powers and limi-
tations wholly different from the usual mode of ap-
pointing Receivers. He must pay, in the first instance,
the Performers and other outgoings, then the Rent-
ers, and the surplus to the Proprietors. He was con.
v incea, however, if no arrangement coUld-be effeded
bythe Parties, that Court would find it extremely dif-
ficult-to.make one. He was convinced also, it would
be much better if the Parties could agree in appoint-
ing a Receiver or Treasurer, than if the Court took.
up the business itself. It was his wish the Parties
should take that into their Consideration, and in-
form him) in the course of a few days-, whether they
had been able to come to any satisfaaory arrange-
ment. if they could. not, then he must do that
which the justice of the case required, and which
would conduce most for the benefit of all Parties
concerned.. He was, however;perfealy convinced,
that it was infinitely more in the power of the Pat.
ties themselves to do that justice which the 'case re-
(paired, than of the Court. He therefore 'Wished
the Motion to stand over till that day .se'nnight, to
tee whether the Parties could make any sufficient
ardngenient) if not the Court Must.

The ultimate decision of the Court Was therefore
postponed tilt this day se'nnight (next Wednesday).

COURT Or KING's BENCH, WsoNiloAi, Nov. it.

nit KING ioptkt kid'criqs:

ts is a Case of the utmost importance to all
those who are liable to be robbed ok. cheated
by their Servants; and also to these who May
wish to entice or seduce Servauis to dis=
honestly towards their Mastets--.. It is interesting
to the Community in which We live, on account of
the Law which .is establihed by the decision of it
brit; above all; it is immediately and especially in.
tetesting to MatiufaCturets who have occasion to
employ large numbers of petionS, to carry on their
business, as was emphatically observed by.my Lott)
-Cl-110. jnsTlci in giving his Judgment.
It Was a case upon a Writof Errot,whith Was brought
Upon a conViftion that took place at the Quarter
Sessions some time ago; held for the County, of
I.7ncaster-4t Was ah indiament Against • Robert
Higgins; charging hint, that he did; on a given day
therein stated, falsely) wickedly, and unlaWfully
solicit and entice one Jamen Dickson, a servant, to
embezzle; steal; arid take away a certain quantity of
silk tWist; of great iralUe, the property of his
Master;The Servant; James Dickson, belonged to
a large manufaCtory of silk twist and cotton, in
which a great number of persons are employed ; the
Defendant, Robert Higgins,- lived 'at the net door,
and endeavoured to entice Dickson to rob his Master.
He took him to a public house, told Mm " the
times were bard, provisioni very high in price, and
wages low, and that he ought to make up for it
by taking some of his Master's cotton ; gave him
a glass of gin, and told him that he might throw
seine cotton, &co over the wall, which Was between
the mannfaaory and the Defendan't's house. The
young man was honest enough to tell his n-iaster
what had been told him by the Defendant ; upon
which a parcel of the master's property was made
up by the master, for the purpose of seemingly
throwing it to the Defendant, who expeatd to re-
ceiVe it; a Constable was sent for, and he was
taken into clistody, without any other as being
done. He was condutted to prison, indieted as
above stated, and tried before a Jury at •the Quarter

. ,
Sessions ; fount guilty upon the cola above stayed
sentenced by the Court to he imprisoned two ycar
and also 16 stall(' upon the FiNory," Agpiii;t this
a.Writ ofgrror was brat:et. "[he case
was argued last Term, and ordered for a further
argument. It .vas-..'rgue.d again thisday, very ably,
by Mr:Tor riNi; rig,:inst the Convi&ion, upon thred
grounds of _objection " That it ought to
have a%Teared whether this servant did, or did rot,
steal the twist in question for th:zt if he did, then
the offence was_ Nally, and that
,therefore the De,
fendant ought not to have been prosecuted as for a
misdemeanor; as he was in this ease."-2tll v, " That:
an attempt to commit a crime, without the follow,
iog up of the intention to do so, eitkr by the patty
who soiicits, or by the party solicited, is no mis:
demeanor by the law of the land." • And here it
was contended, that nothing was done beyohd-this
solicitation, for the servant did not steal aoy of the
property, nor did the Defendant do any
,a6t what,
ever towards carrying his intent to entice him into
effe6t. idly, " That the Court of Oilartei Session!"
had no jurisdidion in this Case.'' •

. .
Upon all these points, and particularly upon the
second; Mr. Ton. No argued very. ably in support
of the-Writ of Error, and quoted a variety oF Casei
and Dicta in the Books, '.:*rorn liahcToN down to
the ninth Term Reports, and laboured 'to make out
that a mere solicitation to do an unlawful aa, rn_
less, followed up by some aft done, or attempted to
be done, is not a subjeet matter of a criminal charge.
But to follow the Learned Gentleman either in his
reasoning, or in citing the authorities, would exceed
our limit.. w(2 attempt only to give the utline of
the Case.

Mr. CHRISTIAN, after giving a short history of
the circumstances of the case, and observing, that.
-the Defendant could not be indided for the Felony
as an accessary before the Taft, because the Master
having consented to part from the property, no
Felony was committed ; and therefore unless the
Defendant could be convifted of the misdemeanor,
as. it was stated in this Indiament, -he could not be
convided of any thing, proceeded to lay down these
'two. propositions .:—First, That every attempt
to -commit a crime, whether a Felony or Misde-
meanor,: is, itself a Misdemeanor"--2dly3 " That
every. solicitation to induce . another to commit,a
Felony' or. Misdemeanor, is, 'itself,
.a Miscienttan.
or." H, maintained alsar, by way of analogy.*
" That whenever one person complains of another,
'by Action,. for Slander, the
.rule, is this7—lf the
thing published, be, indiaable, if •true, the party
charged with it falsely, shall
.have. an At-lion-far
DaMages.'"! The short words were--". It
.is
able, if trae---It is .aaionable, if fals'e." He argued
these propositions ably, and quoted many authori-
ties. Hi maintained also that this was a misde-
meanor, and was within the jurisdiaion of ,-the
Quarter Sessions;-upon 'all which he trusted the
Court would corrm-this 'judgment...
• Lord KEirreiDr'spoke nearly as follows The
Justices at 'the Quarter Sessions at Manchester,
where this case was tried, were attended by the same
Counsel as' we have heard on this and on a former
day, who possess,.undoubtedly, great knowledgeof
the Criminal Law, and I congratulate the 'Public on
the CIECIIIOIiS of the talents we' have heard, for
Gentlemen by. bending 'their minds, particularly on
this question, have been able to lay before as points
which tit) not ordinarily, or 'readily arise in the
minds of thoSe who are not, very much, in the habit
'Of considering the Criminal Law as a particular
Winch of study—Such per-sons, finding an offence,
of trintiderable magnitude laid before them, had
the fortitude to pronounce upon it their judgment----
d
jUdgthent, in my opinion, by no means more
than commensurate to the offence proved.
am persuaded that Mr. Topping's very good
sense would that induce him to say, out of this Case,
that two years imprisonment, although there be
added to it the Pillory, is punishment too much for
such an offence', An offence calling for as much pu-
nishment as any misdemeanors perhaps; in the
present state of things, in the CoMmunity in Which
We live. The offence is stated in three CoUnts in
the Indiflinent ; one of which only is material, be-
cauSe it is on that Alone the Convietion proceeds.—
It is in these words, " The Jurors present, that
the Defendant; Robert Higgins, did falsely,
edly, and unlawfully solicit and incite one Janis
Dickson, who being a Servant-, 6.-. c.) to take, em-
bezzle', and steal, a quantity of silk of great valtie,
&c."

" NOw, A persot in the great mannfanory at Mart.
chester where this took place, or in any other great
manufactory, forced to employ a great number,of
men, a great many servants, must he in a woeful
plight, if any ivicked man, for his own wicked
purposes, for gain or othenlvise, may, with im.
punity, thus solicit and induce any of those ser-
vants .(who have necessarily the confidence of their
mister). to rob their master. Looking at this Coun..
try, Which professes to he governed by a system of
law, and by such rul:-;S as are subservient to morality,
order; and good governmen,r, a man who had not
found himself surrounded by a great deal of legal.
ingenuity, would be a good deal astonished to hear,
that this is no offence by. the law of this lard;,
This, perhaps,- might not surprite a -great Lawyeti
who looked at these things drily ibut in the mind
Of a man, who had only looked among tis for the
principles of Morality and good governthent, it
would excite considerable astonishment. In the
course of this proceeding, much has been brought
forward, not to enlighten; but to perplex my mind;
such was the effen of quoting some of the ancient
authorities ; however; if modern authorities have
had the effen of setting aside some doubts that at.
tend some of the (tontine laid dovrn in the reports
of some of the cases' (as f apprehend they have),
it is a happy thing for the jutice' of the Country.
I will lay aside all the civics upon acisions for flan.
der. • What Judges would have decided in former
times, if such a case as this had come before them,
I do not, certainly, know; but I think Some things
are stared in Reports, to have come from Judges,
which I think they could not lave sciid. I. think,
that When it is contended Lord Hoi.r would have
said this was not an indiaable ofirmce, from what
he is reported, in some cases, to have said, it is
going too far. He has had words imputed to him,
in the case of a bastard child, which he never did
say, I am persuaded ; because it is contrary to jos..
tice,. and goes the extent of shev/ing, that to en%

'aeavour th suborn a . witness, in the course of a
- 3.ulicial proceeding; .is • not an inOable Offence•;,
but -if it had been so said, I coul) give an answer,
-equal to,it in point of authority-, 'more recent, and
therefore more valuable in .point of time, and more
agreeable to common sense mean the decision. of
the Court, and the judgment of •my Lord rvIANS.-
VIELD-) in the case of the King and
.Scofield,
and in the argument of which Mr. Briacaorr
steed, that all the twelve Judges had decided, that
where a man was indiaed far an attempt to suborn
a witness to commit perjury, such a person was
guilty of a misdemeanor, and there was no differ-
ence of opinion upon that subjed. Godforbid there
Should be any difference of opinion upon such a

point.
"It-is said in argument by Mr.
do not find fault with it, that unless some aft is
done to manifest an evil intention, there can be no
„guilt, that a mere wish to accomplish an evil deed
is nothing. Certainly it. is so, for the mind of
man is inscrutable to us, it is between God and a
man's_own conscience ; but is the case so here Is
tot 'asking another man. to do .a .thing, an aCt ?
Would it not be a sufficient overt aet to support a
vh'ilrge.of High Treason ? No doubt it would. As
to 'the case of Samuel Vaughan,.. which has been
quoted, I remember it perfeCtly well, and it was a
case of great magnitude, and men of great, abilities
put their whole strength to it. It was the, charge
of an attempt to bribe the Duke of Grafton to
give a,plaee in the Island of Jamaica. Was 'it not a
great offence ? Certainly it was, and Lord MANS.
FIELD heard it with great indignation;, he said it
was an enormous crime to attempt to bribe a Ca.
binet Minister, to do an a& against the honour of
the Sovereign and the interest of his subjects. I
will-not go. through the whole of the' cases .which •
ha' e,been qudted, and which are applicable to this
sUbjea ; they are all brought together in the case
of the King and Scofield, and colleCted in Mr.
Caldecott's book.—l have no doubt that this is an
• indiClable offence. I think it would *be a slander
to the law oft the land if it were not. It would -
e affikting for us, to see that we' live ire a.country
'where there is so much* trade, and necessarily so ,
-moth 'confidence, and yet whare-aas•so immoral are
nde to be held as offences by the lavi,of the land.
. ".-Llpein the other point, ! Whether, if indi&able
At all, it is indiftable at the QuarterSessions,'
sm most 'clearly of opinion, that the Sessions have
juriidiflion over this offence; for-it is an offence
tending to a Breach of. the Peace, ,that is, ea, viola. •
tion of the general system.of.the law of the lands
There are cases which are exceptions to the jurisdic-
tion of the Sessions, such as forgery, &c. and I,
ainadst subscribe to the opinion,- that it would be
better if there were no such exception, but 'as it has
been held otherwise, I shall break through.no rules
of my predecessors. But this offence
.is not ex_
*laded from the jurisdiCtion of the Quarter Sessions,
and I am happy it is not, .for I am persuaded that
the Quarter Sessions have done compleat justice in.
this case."
• Mr. Justice GROSE said, "that the moral offence!
stated, was undoubtedly a very great offence Sup-. ,
posing it to be. committed,
.and to have been well,
laid. in the Indittment, it was a great : offence at,
law ; and it was most important to the Public
-that it should be known, ". Whether it is a crime
in law or not."- It was, in other words; nothing
less than to excite a Servant to plundeie a Master.
' But, however, if it either was not an offence at law,
or if it was not laid in the indi&rnent in point of
form ; or if it was laid before a. Court which had
no Jurisdiction to take charge of it ; in either of
these Cases, undoubtedly the judgment must be see
aside, whatever the consequencemight be. It had,
been argued first, That this was no offence. Now,
this must be admitted; that
,an attempt to commit a ,
Felony is a misdemeanor. • It, undoubtedly was a
misdemeanor in many Cases, and so expressly de-
. fined ; as in the cases of an attempt to .rob, or to ,
• commit a rape, and
_other cases_ which occurred in
the- praCtice of the. Courts almost daily, and
_which
were treated and recognized as misdemeanors, An -
-attempt to' commit a misdemeanor, the Learned
Judge said, in' his opinion was most clearly a'tnis..
• demeanor ; and it was,most extraordinary, if the
-attempt to excite another to commit a Felony, was
not a misdemeanor. . The crime. of inciting, wasa
crime in its first conception ; a crime carried into
effea and completed, in his opinion, the moment
the attempt was made. It was certainly so in mo-
rality, although the Law might male a distinCtion
itt sortie cases, where the, intent was successful or
unsuccessful. -" When a !man advises a crime to
be committed," said the Learned Judge," he is- a ,
criminal next in degree to the man-who commits
it—nay, in many cases, the accessary. before the
fad is fully as criminal as the principal, and ii
frequently happens that he is more so, for there
are many cases in which
_the principal would never
have thought'of committing the ati, if not thereto
incited by the accessary before the fart. Some-
, times it happens that a man is accessary before the
fart; in order and with a view to become accessary
• after the fart, which is frequently the case of a
receiver of stolen goods, whO advises another.man
to steal them that he may profit by receiving them.
I have read with great attention the Case which was •
_ stated and referred to by Lord KEN-YON : the Case
of the King ro. Scofield, which is admirably. re.'
ported by' Mr. Caldecott, and in my • opinion, -it
is a treasure, inasmuch as, it marks out the Case
quoted of Lord BOLT, upon the subject of a bastard
child, &c. where the opinion, as it is reported, is
supposed to be in part faulty, nd which was alluded
• to,by Lord KENYON. I think it is most import-
ant to the Public,that the error should be corrected,
as it is by the report of Mr. Caldecott, and where
the opinion of Lord MANSFIELD is stated in a few
toords;"—llere the Learned Judge went over the
Cases
.of the -King al. Vaughan, the King and
. Plimpton, and the King - and Johnson, the latter
of which he read, and then said, that in reality all
these were Cases of inciting other men to commit
misdemeanors, and proved the proposition of Mr.
CHRISTIAN, That an attempt to incite a man to
commit a misdemeanor, was itself a misdemeanor.
But it was said, that this was improperly laid,
because it should appear whether a Felony was corn-

•
initted or not. Oft this ca r, he was
not so in praelice, when any, person was in,dided for
inciting another-to commit a crime, it was' never
stated, whether that crime bad been committed or
not and upon the whole of the matter, it did
seem to him,, that the offence wAs• well laid in this
case.

. . .
With respefl to the. question of the Jurisdiction,
he had as little doubt as he had on the other points.
He thought that what was quoted hpon this head
from Hawkins's za Rook,. was law, and the result of
which was, that the Quarter. Sessions had proper
jurisdiflion in this case.. Having added a few other
observations, as ,to.how an action would lie if a per-
son was accused falsely of the offence here stated,
the Learned Judge said, he was of opinion, that this
Judgment ought not to be reversed.
Mr. Justice LAWRENCE stated the three heads. of
objeftion, as offered by the Learned Counsel for
the Defendant. As to the first, there was nothing
in it, -as appeared in zd Hawkins, c. 25. sec. 60.
As• to the 'second, Whether or not this was an in-
didable offence, for it had- been argued, as ifthere
was only an intention to commit a crime proved in
this case. ,Now, in his opinion, all alts, or at-
tenipts, that tend to the prejudice of the Communi-
ty„ 'Are indiftable offences.' The question then
would be; •Whether this attempt, 'proved to have
been made by the Defendant, was an attempt to do
that which was 'a 'prejudice to the Community?-
-Upon which, he apprehended, there . were
.nor
two opinions.. a " man declares an inten-
tion, - be it ever so bad; and does .not- ad, lie is
not indiftable.; bat -if,he ndeavohrs to prevail up-
on another- to commit a crime, he is indiftable ; be-
cause that endeavour, or solicitation,' is,' of itself,
not only an, aft, but a criminal aft. The incite-
ment Attempted, is an aft, and proves a guilty in..
rentims. The, whole of the fallacy of the argument
in this case, lay in the assumption that -the De .
fendatit did no aft ; -whereas, the solicitation-.was
of itself an aft, and a criminal aft. Fle agreed
with mylord, and his
.13rother GRosE,',-upon the
merit of 'the decision in the case; of the .King :and
Scofield, and then proceeded to illustrate.lthe prin-
..
ciple of it, from Copies he had of many, Indidmeots
in 'cases which were not
_properly reported, and
to quote cases 'also, which were not referred to in
argurnent,. all tending to fortify the case for .the
Prosecution in this instance.
Mr. Justice LE' .13LAxc concurred also in the
doeirine already laid-down. A mere &lire or wish
to do a wrong thing was' not indiftable, but doing
.an -ad in furtherance of- that desire or wish was
"indiftable. , He took it, that inciting a servant to
rob his master was 'an 'ad, and a' criminal.aa; and
• as such, the person committing it was .guilty of a
misdemeanor. .The Learned Judge illustrated this
-dbdrine by 'reference to adjudged,Cases-'also.
The coriclusiort was; that 'the Judgment of the
Quarter Sessions 'was affirmed. •

on the side with tassels. .There‘ is -no •seain in The
back, and Mame-Juke
.sleeves, with a peak 4bave
the thumb. •

Spencers have high anti narfow collars, the shape
of a riding habit,, black is their prevailing colorr.
Short Pelisses are not yet worn, except by women
of the first fashion ; they are made somdwhat,like
the long Pelisses. • '

ON MONDAY NEXT .THE IRISH STATE'LOT-
TERY BEGINS DRAWING, (the 16th instant),
In which are the following Capitals, Four Prizes
oflro,oool. Four of 50001., Four of zoool. Five
of wool.. Five of sool. &c. &c. and the lovVest
Prize The Tickets, Halves, Quarters,
Eighths, and' Sixteenths Shares (duly stamped by
At of Parliament), are sold and registered by. Mr.
NICHOLSON, at his State .Lottery .Office, No. i 6,
Cornhill, London, opposite, the. Bank of England,
where all business relative to Lotteries, or the Pub-
lic Funds, -is faithfuly transaaed.—The followirt
is a numerical List of the Capital Prizes lately sold
and shared at this ()lice, viz.

IP
No; 5499 - -k. To,ooo No.. 2341 - - £.20,(1000
7385 :- -.-- 20,000 -. 255-65 - - - 5,00
9565, - - ... 10,060 ' 0:322. - - - 2o,ebb
14777 - -a, 5,060. 30875 -- .. - -Stoop
• Iyozs - - . - icsooo - 42700 - .. -
sio,oco
17049' -- - 10,000 43978 -- - 5,00019004 _ ....' - lo,obo '440r4 - "... - 20,d00
19396 - -.- ',5,000 1- 46676. - .-
.-- lo,ooP
23339 '-- - -5.000 i 52603 - - - 10,000
Besides.mau of 20001. iocol. and ceot. each. -' '
Money 'fOi the Prizes-as soon as drawn.—Schemes
gratis. Orders from the country (post paid) duly
.a t tended to; .*.4 'Tickets and Shares for tht Epglish
Lottery that begins draWing the .3d of March next:.

SHIP YEWS.

POOLE, NOV, 10.

:Arrived—the Industry, Trvvitt, front Cork ; Sun and ,
Wyer, from Moriaix; eorin, SolOvius, from Bruhes-
tat;
and inerva, Lander, frorn.London. . .

GkAVLSEWA, NOV. to.
Passed by—the Neptunwi, from Embden Chris-
tiaua Margretp, froni..l3ilboa; and Brunsvvicl,
- 1.1
from Archangel,. _
M'alvina; Cdrr, for Africa ; Carlburg, Dol-
linF, tbr Jamaica; Wilhetminallizabeth, Williamp, Yroy
Elizabeth, Albert, and Fiirnading, ----, for Amsterdam;
Bacchusi• Daman, tor /HarribrciP ; :-Adyenturev,, Fish, and
Nancy, Hobbs, for Lifoon. ,

MARRIED.
On Thursday, at-Alarlay, the.seat of the Right Hon. 'David
Latouche' the Right lion. Maurice 'Fitzgerald; Knt. 'of
Kerry, a Commissioner of-the TrasUry, &c. lee.' to Miss
Latouche; . • I: .

. .
MANOR_D,FA'R.NI SEXTRIES't-AT NAC,

- .
INGTON, NTAIC-CANT BM:WRY.
, In Seven Lots,.
• By- Mr. STAINES,
At the. Fountain in the City of Canterbury, on Sate,-
day the,
aStli Diy of November inst. at Twelieo'Clui;',
at Noon precisely, •
A\rery VALUABLE • FREEHoLD 'ESTATE'
called SE XTR I ES '•-consisting °fa good Zarin-hOOO
with Dairv-house; Barns, Butlock-lodge Cow-houses,
Oast and•ranary, Stables, Waggon- and. Cart Lodges, a
other .necessary 94-buildings ; a Horse-trill, with .f+.9
Pair Of Stones to •grind Wheat and Beans, together With a'
Tank for Rain-water, capable or bolding nearly • thirty liagse;
heads ; and Two Hundred and I'en Acres, more or less; ',l•
exceeding good' .Arable .arid Pasture Land, Hop-groukt°,'
Woodland, Orchard and Garden Ground, fully stocked wit'
choice Fruit-trees.- • Ako Two Cottages and Garden Spot'
at a convenie/it distance from_ the Farm-house, lyini toge'
titer in the 'Parishes of Nackington, Lower Hardres, Peng',
borne- and; Bridge, and. must .desirably situate about T#
Miles" South of CanterbUry. •••
Also a very capital and valuable Piece of pltinted Walk
land adjoining the High Road from -Bridge to Street-Etta'
containing by admeasurernent ao A.: jR. -as P. planted ahot'
thirty )(ears ago with Chesnut, Willow, &c. and now in
,iiery'thriving condition.. • •
N. B. Immediate •Possession,-may be had of this Wood'
,
land,. which is exonerared from the Land Tax. • ,
Printed Particulars will be• • ready to be delivered in tlie
course of a -week or ten days; and poSseS'sion of the other
Landmay-he had on the t ith of October, t 302, or iminpe
ately provided the parties can agree.
For further particulars, inquire of Mr. Jacob, at NacV
ington, who shew the Premises ;' "a of.M Hodges, At'
turney at Law, Canterbury.
.Canterbury,, Nov-. to; rBor.

SCROPHULA, or-KING!s EVIL, and ASTHNIA Cure
--To Mr. Lignum,' Surgeon, at his Dispensary, No. 57,
. . Bridge-street, Manchester.
• Barton, in the parish of Eccles, in the County of
Dear Sir, . - -Lancaster, Nov. z 6, 170.,
©c DATED by a pritciple
,of gratitude a 0
„CA. jusiice to Society, and- your DrOpS, added to my olf._
conviction, obliges mecordially te7tontess and vouch for Or
veryextraordinary_poWers. I have, for thirty-six years beet,
afflidedwith the above complaints, 'although most •of
faculty,
~under whose care I have been, termed my afiliaioo•
scorbutic, till, happily, I came'.Under your care, when yod '
pronounced my case to be scrophulous : about six mouth"ago, taadY•intlic nOghbourhood of Barton, hearing the de'
plorable-OUndition 1-,was in, visited' me, when, immediatelY,
she strenuously recominended the use of your Drops,
which time I was in such. a calamitous state, as I ttui
scarcely ever poor mortal was:=L-my right' arm and left, II
-were both 'Swelled to i truly -alarming. d6gree, in my arm al",
hands there. wer,F.,upwards of twelve.ruiming wounds, wino'
issued a large quantity of ichorodS humour, attended
insulferablelsaity; my leg and toot ware so swain, that
not been able to get -either shoe or stocking on for- Man'
months • there-mem tikeWise in:my:Wounds in my leg and to
which discharged a large quantity of humour, similar to ti~
;
which-issued-both
snore glutittou,s ; and, to add to my distress, I was much
flitted with an asthmatic Complaintand intermitting fever,
twelve months, .every other day, together with depraved Sl,'
petite, faiiiiness;-lbwriess and sinking of the spirits, and nti,
sleep Was aiit were totally departed from mei as i had' ea
known what it was to experience a sound sleep for rnaPf
months : such was my lamentable condition, that I
carried to and from my bed, and worn .almost to a skeleton;
indeed, it is ii-no6lsible for the to • deseribe' -the situation 4"
. which I was reduced, Wil.:11 I began, taking your tN;
'ford I had 'finklheil one- small bottle,
_I found myself
-better;_ but how I express my gratatut thanks to 004
and you, for your inestimable preparation, when,' by ti'",
time I had taken three sinall bottles, I could walk from to
own hoise to and from- MancheSter, a distance of ten of
eleven miles; and by taking three more bottles, I am pa,
fedly restored to health c l..attl now in the sixty4.,ccond- ea'
Of my age, and when I look • back' it strikes me with asto,
toconsider what A•pporesnaciated creature 1 05
for so many years—that your merit and goodness may be r 5
'warded in this w.,:q1(1, as Well as'in the world to come, is the
sincere wish and prayer .pf, dear Sir,'
• Your devoted littinbe Servant,
• • SARAIi.PRESTWICIt
Attested by—R. Guest, Curate of Eccles ;W. Lowe, the'
• r seer of the Poor ; Thomas Royle, Schoolmaster us BO'
ton ; John Phillips, James Smith, Tairitiel-Lainb, Ric'
• - Buckley,: Thomas Parr, Thomas- Collins, • Sam. Fitn'''
Worsley.
One 4s-. 6d bottle iS'stifficient to --Convincd the afflia"'
the salutary effects of the medicine.
These Drops are Sold in Moulded square bottles, at
and 4s. 6d. One -.12.5. bottle is equal in quantity .to Wt.
45. 6d..Ones. -They may be had, 'Wholesale and retail, 3:
Mr: Lignum's Dispensary,, No.. 57,. Bridge-street,. Manche!:
ter ; at -Howard and Evans's, No. 42, Long-lane, Wet
Smithfield, sole .Wholesale Agents in London' and retell b,
the following persons_: H. Cundell, No. 47; Nlinories ;
Clark, 'No. 260, Borough ; Tordan,7NO. s 3; •Whitechape"
reboult, No. J. 50, Oxford-street ;, Sutton, No. j4l,
- -acre ; NVacle, -Old Borrd-street; -and No. 163, f leet-410y,
:rutt and Boalton, Royal Exchange ; Knight; , Norton!
gate ; TUrtic; No. i 27, Strand ;"and Ward, N0:324, 14
born. - '

VIiNEREAL BLINDNESS,
' To Mr.THomAs TAY 1.014 Surgeon, N. 4.9, New
• - - Bridge-stiqt, London:

DEAR. SJR,.
IT is with the most' heartfelt rsatisfaaion that,t
svrtiainletibgdloe refslvts
hiyuliosiit),:inanert,hlL.ehaEinctFKlmiEeparable. excellence of
v
iPS fAo r-rt uEnNe lt
le)oi 't
1r
a' SC
t.
real Complaint, attended with the most alarming and 3',.j,
gerous symptoms; insomuch, that' 1 have been conis'..ir
to my room for a 17-diole week together, and not able to stir
put
.of it ;_ I had no rest night nor day, and suffered the., e
excruciating pain, and torment, and-what was still '''°r:r-;
eyes.gtew weak and dim, so 'that 1 could scarce disc'
any ,object, if ever lo cloSe to me, and expected nothing
than the total loss of my sight.—Prom a stout, ilealt
and rather corpulent man, I became a mere s'nadoW, and'ait
objeet of pity andcompassion—My friends had all given
over, and thought my recovery infpossible. In this dread;
state, and expecting every minute to be my last in tO,
world,-I was fortunately recommended by a neighbour ,
try youi-Medreine; but having,tried all medical aid to. I
purpose; and being at an enormous expence, it was some tit
before 1 cotili the prevailed on to take itliem ; at-last I sr',
id
sforesjr:be benefit;.lboes,
and
my pailsbefor graduallye,lha
had taken themdce all,decreased, i I
and ni ear
tbuttcly
sight greW better, aikl, to the great stirprize- and astq.i"s,l
went of, all my friends (after taking three boxes inote:'
. health and strength was- perfectly restored,-and ant
(tliatikto, my God and your invaluable Medicines) as v -
and Ilejrty ay ever I was in my life.'
You are at full liberty to this in any
you think proper, for the benefit of society at large, •;)
which 1 should have sent yon sooner, but was fes:rtul 0`
relapse. .1 remain, with the utmost gratitude, '
Dear Sir, your obliged humble Servant,
R. t. LE V,'
High-street, Birmingham, Nov. a, 1799.
' The above Medicind is earnestly, recommended t?
Persons that are in any
,dpubt of their being entirely • freif,,,,
every -Venereal.AtibCtion, particularly to those about 3.4,0
lave,. their condition in lite, as it will certainly eraci'.'"4(
every taint of that- nature, of however long standing:oo
however disguised under the Appearance of other disP,oo;
it may be; for Scorbutic, Glandular, and Cutaneous, ,
plaints, it is also recommended to be taken, especisit)
the Spring, Summer, and Fall. '
Prepared and sold by the sole Proprietor, T "to at A sat
LOR, Member of the Corporation of Surgeons, Londo,niiiic;
his House, N. 9, New Bridge-street; where he Will
Advice, without a fee, to persons taking these Pills, ie
will answer Patients' Letters, if post-paid, on the 5' pie
terms, observing in all cases the most inviolable secrecy,,cit
Patient's name or ease havi been Mentioned, -but ,at
own particular request, by the. roprietor, during the,
Fo.l_'o;
of more than 35 years, that he has had the condortrinV
an extensive sale of the. above Medicine, and the Pa
arising therefrom.ti pay
funlTehreys aNre.0..a137, ssotl.d Abi,bvaiihsi.sstrateppt,oipnatmile-i‘nti,allat;
bertsodt Toy-shop, No. 103, Oxford-street ; •Mr. s
No. a, Union-row Little Tower-hill ;7and b} re'bost:
.son in _every considerable Town in England, be.c• pi'
of only as. 9d. each, sealed up, with, full Ira I)l.l.t4ifilepii
redions, whereby Persons of either Sex may eu
selves with ease and secrecy. led up v:l4
- N. B. Each Box sold in Great- Britain is se4
.•oriprs
a Stamp, on ,which, by tee
printed
Bridge-street,"—to
Sttoaima(t)elli
sevehich is Felony, mid allo
th
• are counterfeit. .
fav",r, of
klaeylCoro,rliglois!ty: