The Sun.
London, England, 1825-08-25 00:00:00

SIR W. DAVENANT.

This Gentleman, as is wPll-known, was long;
the patron and protector of Theatrical amusement. To his ex-
ertions it was owing that the histrionic passion was kept alive
through the fanaticism which prevailed in this country previous
to the martyrdom of the unfortunate Charles the First, and
throughout the reign of the Usurper Cromwell. The people
had been taught to consider stage players as the outcasts of
Heaven, and the enemies of all good ; and this spirit prevailed
generidly through the early part of the Protector's sway, but
when the first ebullitions of fanatic fury bad a little cooled, the
people began to perceive that they had touch less to fear from
the actors of.tiramatic pieces, than they had to apprehend from
the performers on the political stage. They therefore encou-
raged Sir W. Davenant to exhibit entertainments of music and
declamation, in the manner of the ancients, at Rutland House.
This course of entertainment he commenced in 1656, and con- !
tinned it at Rutland House for two years. In 1658 he re-
moved ,1
his company to the Cock-pit, in Drury-lane, where his
performances assumed a more dramatic form, and were conti- I
nued until the eve of the Restoration. On that event taking!
place, theatres once more reared their heads in this great Me.
tropolis. Sir William took the actors, who were termed the
King's Company, under his controul, with the sanction of the
Court. They first performed plays at the Red Bull ; from
thence they removed to a new built house, situate in Gibbon's
Tennis Court, near Clare Market. where Orator Henley gave
his Lectures; and finally, upon the erection of the New The-
atre, on the site of the old Cock-pit in Druiv-lane, the King's
Company took possession of it, and opened it on the sth of
April, 1663, as appears by the following
Fizlt Play Idll of Drury-lane, Theatre.
By his Majesty's Company of Connnedians,
At the New Theatre, Drury Lane,
This day being Thurday, April but, 1663,
Will be acted a Comedy, caned
THE lIVMOROVS LIEUTENANT.
The King Mr. Wintered.
Demetrivs ' - - Mr. Hart.
Selevivs • - Mr. Bert.
Leontivs - Major Molten.
Lievtenant - Mr. ClYn.
Celia - . - - Mrs. Marshall.
The play to begin at 3 o'clock exactly. Boxes 4s. Pit 25.6 d.
Middle, Gallery Is. 6d. Upper Gallery
Such was the birth of Old Drury ; her decease occurred Sa-
turday, June the 2d, 1791, at the age of 117 years.,

Der Frieschutz was brought out at Rouen on
the 19th lost. with eminent success. It is as po-
pular there sat PAris.

LAW INTELLIGENCE.

COURT OF CHANCERY, AUG. 24.
The LORD CHANCELLOR delivered a few judgments this
morning in bankrupt cases.

EX PARTE WESTON IN RE RAINEY, A BANKRUPT.
In this case a person named 13oustield (the party really in-
terested) had purchased a vessel (the Ocean), which he let in
1809 to Messrs. Eastman and Hunter, whereby they became
indebted to him to a considerable amount., After the bank-
ruptcy of Eastman . and Co., an order of this Court was made
in August 1819, directing .the Commissioners to inquire Whe-
ther there was a joint-estate of Eastman and Hunter. The
Commissioners reported that there was no joint estate, unless a
sum of 4611. due from Robert Rainy could be as considered.
This report gave no information as to the value of the proof.
Upon another reference to the 'Commissioners, they reported,
in August, 1821, that the estate of Hunter and Co. was likely
to make a dividend. When the matter Came before the Court,
the dividend had not been made, and his Lordship thought that
Mr. Bousfield was not obliged to wait- in an indefinite time.
The probability was unsubstantial. Another question then
arose. It was stated that Mr., Bousfield was not entitled to
prove against the sep-arate estate,
.because their was a joint
estate in hiS own pocket.. The fact was, that Bousfield had
chartered a ship to. Eastman and Hunter, who was to pay a
tonnage rate; he had, therefore, it was alleged, a demand on
them for the hire only. Mr. Bousfield also put some part of
the cargo on board. The persons who thus put the cargo on
board the ship, it was alleged, became indebted to Eastman
and Hunter for freight : but the owner had a right to say that
no part of the cargo should be delivered until his tonnage was
paid, which amounted to more than the freight. It was clear
that Bousfield had received a considerable sum in payment for
freight of goods. This was said not to be due, but that. Bousfield
ought to be paid by Eastman and Co. But Bousfield had a lien
on the cargo for what was due to him for the use of the ship, and
he received the money by virtue of it, in discharge of his debt.
It had been decided in many cases, that if a person grants,
lets, or demises a ship, lie parts with the possession of it : but
in the last decision upon this doctrine in the Court of Common
Pleas, three of the Judges difFsred from Lord Chief Justice
Dallas, thinking the ;Court of King's Bench wrong in pre-
ceding decisions. It was understood that when a similar case
came before the latter court again, the doctrine would be re-
considered. His Lordship therefore wished that a case should
be prepared for argument; or, if the parties liked it better, he
would inform himself of the opinion of the Judges.
Mr. AGAR asked his Lordship to decide the question.
The LORD CIIANCELLOR.—Then you shall have the opinion
of the ?tine Judges.

EX PARTE LELAND IN RE SILL AND WATSON,:
BANKRUPTS.

His LORDSHIP observed, that this case was not only import-
ant in respect to the amount of money involved, but one of the
most complicated that ever came uefore the Court in bank-
ruptcy. Every description of paper credit known in mercantile
transactions formed part of the case to be considered. The
Commissioners had arranged the various species of bills in
classes' and left his Lordship to decide in cases, which could
not be decided till the matter was fully argued. His Lordship
allowed parties the option of letting the petition stand over till
the second day of next term, in order that arguments from one
Counsel of a side might be heard ; or of referring it back to the
Commissioners.

IN RE TOWNSEND.
Just as his Lordship was rising, the bankrupt addressed the
Court respecting his case. His Lordship, as upon former oc-
casions, pointed oat to hint the necessity of deciding whether
he would submit to or contest his commission. For a full
half hour his Lordship listened to and answered the remarks
of the bankrupt with great patience and affability. Upon Mr.
Townsend's calling upon his Lordship for justice, as a Judge,
in the hard circumstances of his case,
The LORD CHANCELLOR said he was bound to do jus.ice
to all ; and he could not suffer the bankrupt to put the as-
signees to a serious expence after he- had done what in fact
amounted to a recognition of his commission.
After much difficulty, Mr. Townsend consented to submit;
the Registrar recorded his submission ; and his Lordship de-
clared the matter should be one of the first he would dispose of
after his return front the country.

ASSIZE INTELLIGENCE.

LANCASTER, Atia 22.
MA NSLA LIGHTER.-

Robert _Mato was indicted for killing and slaying William
Lupton ; the prisoner was tried upon the Coroner's Inquistionf
the Grand Jury having thrown out the Bill preferred against
him.

Mr. STAIME stated that this was a case of a very peculiar
nature, and called fir their 'most serious attention. It would
be proved to them, that the prisoner at the bar had admi-
nistered poison to the deceased. It would be for them to
cirarmstaness-, and with what modes it was so
administered ; they would weigh all the faCts of the case, in
order to decide whether the deleterious drug was administer-
ed 'for the purpose of producing a ,beneficial and salutary
effect, or fin- other more dangerous purposes. In the one
case they must find the prisoner guilty of murder; in the
other it would amount only to manslaughter. He hoped
that this trial would prove a salutary warning to those indivi-
duals, who, tampered with the lives of their fellow-creatures,
without possessing the slightest knowledge of medicine. .
Wm. Lupton, a boy of six years old, son of the deceased,
was called and examined its to his knowledge of the obligations
of an oath. Having been found to understand it perfectly, he
was examined, and went on to state that he remembered when
his father died; he died on a Sunday; he went to bed about
eight o'clock on the evening before ,•- Nuttall was in the house
on that evening. Witness was then in bed in a room on the
same floor with his father ; he could clearly see what was
passing in his father's room ; he saw Nuttall holding a paper
of pills in his hand; the paper also contained some white pow-
ders i • he did not hear the prisoner say any thing to his father,
On the following morning his father mixed one of the pow-
ders in a cup and took it. There were pills and arsenic
mixed up in the cup ; his father did not take the pills.—
Cross-examined : He knew it to be arsenic, because his mother
told him so. •

John Bowett said, he saw the prisoner at Coke Fair on the
Bth of %larch ; he told witness that Lupton was very ill, and
troubled with worms, and that if he cured him, he was to have
Iss. for the job. lie called upon witness in about a week, and
asked him if he had not got some pills from John Blakey for
the worms ? Witness said he had. Prisoner, upon looking
upon them, Mid he could make pills like them. He did not
say why lie wished to look at the
Two druggists deposed, that a day or two before the death
of the deceased the prisoner bought two pennyworth of white
mercury, which he was told was poison, and which he desired
to have wrapt up in three separate papers; he got in another
paper two pennyworth of jalap.
Nancy Brown and Sarah Lupton were called. They proved
that the prisoner and the deceased were seen together on the
night in question, and that the deceased had taken the powders,
which the prisoner had brought him ; that he became violentl?
ill in consequence of taking them, and that he died on the fol-
lowing day.
Mr. Petty, a surgeon, said he opened the body; he found in
the stomach a quantity of brown liquid, weighing nearly a
pound and a half ; the coats of the stomath were much injured
by it. Another surgeon had analyzed the liquid, and had dis.
covered a quantity of arsenic in it. The stomach was in a si-
tuation which indicated the reception of mineral or vegetable
poison._ .

Dr. Lester was called, but did not appear.
31r. Justice BAYLEY, in summing up, dwelt upon the very
tender age of the witness upon whose testimony the case
rested.

The Jury returned a verdict of Not Guilty.
Mr. Justice BAYLEY told the prisoner he had had a narrow
escape, and cautioned him against meddling with medicines in
Future.—The prisoner said he would take his Lordship's advice,
and was discharged.