The Sun.
London, England, 1833-11-14 00:00:00

THE KING V. SAMUEL 'RACE/MIDGE HEIIIING, CLERIC..

The SOLICITOR-GENERAL appeared to show cause
against a rule which had been obtained for a criminal
information against the defendant, for misconduct as a
magistrate of the county of Warwick. The misconduct
was alleged to have taken place at the election in Decem-
ber last, for the Northern Division of that County. The
candidates were Sir Eardley Wilmot, Mr. Dugdale, and
Mr. Heming, a brother of the dwendant. There were at
that time two other magistrates, beside the defendant, who
were acting for that part of the county; great excitement
prevailed previous to the election, and it was apprehended
that a disturbance would take place, and it was alleged
against the defendant that he took no precautionary
steps to prevent it. The first charge against the
defendant was, that he refused, when applied to,
to swear in a sufficient number of special constables.
only thirty having previously been sworn in. If that
were true certainly he must have greatly neglected his
duty, but it would turn out to be unfounded. The
charges went over a space of four days, viz., the 19th,
20th, 21st, and 22d of December, and upon the appiica-
tions being made for an additional number of special
constables, he was charged with having refused, and
stating that he would answer for the peace of the county.
It would be proved, in answer to that charge, that the
defendant acted it. complete conceit with the other two
magistrates, against whom no application and no com-
plaint had been made. The rule had been obtained on no
less than 36 or 37 affidavits, but be (the Solicitor-
General) had as many as 75 affidavits to clear the
character of this gentleman from the imputations which
had been cast upon him. Another charge against the
defendant was that instead of using his influence to quell
the riot, he did all in his power to promote it, by pointing
out certain voters to the mob, by using signals to
them, by encouraging the people to drink liquor,
and by preventing, in his magisterial capacity, the mili-
tary from coming into the town when they had been sent
for by the other magistrates. All those charges would be
fully rebutted by the affidavits in answer to the rule. As
to encouraging the people to drink, it would be proved
that he ordered several public houses to be closed at an
early hour. It was also charged against him that he
refused to grant a warrant when applied to apprehend
a rioter, named Petheridge. All those charges would
he found to proceed from the political animosity of a party
in the county; for if the defendant should, in the end, be
thought by the Court to have been guilty of only a small
part of what was alleged, be would deserve all the
punishment this Court could indict on hire. He (the
Solicitor • General) took on himself to say that he had a com-
plete answer to them all. He would, in the first instance, not
that he had reason to care whether the objection was good
or not—but for the sake of the Magistracy, and for the pm.-
pose of enforcing order and regularity in the practice of the
Court—submit that,as the defendant had not bad any notice
of the intention of the prosecutors to make any application
for a criminal information, the rule ought on that
ground alone to be discharged. The Court had
always laid down as a fixed rule, that for any
thing done in the Magisterial character, a Magistrate
should have some previous notice, and in this instance
that had not been given. It was his duly, for the protec-
tion of the Magistracy of England, to take that objection.
Everything alleged against the defendant was in his capa-
city of a Magistrate. The Learned Counsel having repeated
the charges, contended that they all referred to the cha-
racter of a Magistrate, and therefore the defendant was
entitled to have notice before the rule bad been applied for.
Their Lordships, after some consultation, told Sir James
Scarlett, who was for the prosecution, that they thought
there was much weight in the objection.
Sir J. SCA RLETT said, as that was the opinion of the
Court, it became his duty to endeavour to alter it.
It was true the defendant was spoken of as a magistrate,
but the application for the criminal information was not
made against him for any thing done in that character.
He was charged with exciting the people to rioting, and
that he, being a person of influence, did not use that in-
fluence to quell the disturbance. That did not refer to
his magisterial capacity. So with the other charges.
Although some things were alluded to in his magisterial
character, they were merely mentioned as an historical
part of the case, and by way of illustration, but the main
charges were against the defendant in his private capacity.
Their Lordships consulted together for some time, after

The LORD CutEr JUSTICE said the Court were of
opinion tbnt the case could not proceed. The practice of
the Curt was, that no application should be made against
a magistrate, for any thing done in his magisterial cha-
racter, without previous notice Lad been given. It was
very true that one or two of the acts charged were sub-
stantive acts, fur which any person was liable to be pro-
ceede t against, but they were so mixed up with acts
charged against the party as a magistrate, that it was th•
duty of the prosecutor to give notice; and it was for the
protection of the magistracy, that this Court should see
that that rule was not departed from.
The rule was then discharged, but without costs.
THE KING V. COHEN.

The defendant appeared to receive judgment for publish-
ing a libel in a Brighton newspaper.
Mr. Sergeant SrArm:, for the prosecution, hoped
their Lordships would fix a day for the defendants to re-
ceive judgmt-nt. He did not wian now to picas it on the
Court, but he knew that the defendant was waiting, day
after day.
The COURT ordered this case, and all others in which
judgment was to be given, to t.tand for Saturday.

COMMON PLEAS.-(THIS DAY.)

QUIILET V. COURTHOPE.

This was an action brought to recover damages for
injury done to a boat of the plaintiff's, in consequence of
the negligent and unskilful navigation of the defendant's
barge upon the river Thames.
Mr. Sergeant Jortzs, with whom was Mr. AacusoLD,
stated the nee to the Jury. The plaintiff was a slopsel-
ler, having, for the purposes of his trade with merchant
ships, several boats. The boat in question was sent for
repair to the wharf of a Mr. Moreland, at Rotherhithe,
near to which it was anchored ; and on the night of the
3d of May last, the defendant, in navigating his barge,
laden with coal., to an adjacent wharf, ran athwart the
barge, and stove in the stern, in consequence of which
the boat sunk, and the repairs consequent upon the acci-
dent involved an expense of between 8!. and 9/.
Mr. Sergeant ANratives, for the defence, contended
that from the state of the tide the damage was the result
of accident, and did not arise from any negligence upon
the part of the defendant.
One witness was called, but his testimony did sot, in
the main facts, contradict that adduced in behalf of the
plaintiff. _

- The Jury returned a ♦erdict for the plaintiff.... D-
amages 81.

OVENT GARDEN THEATRE.

Auber's opera •f Gustavus the Third, which, as the
Covent Garden play-bills assure us,has been in preparation
all the summer, was produced here last night, and with
such unequivocal, and we use no exaggerated term when
we add, triumphant success, as justifies us in declaring it
as our belief,that it will fill the theatre up to the Christmas
holydays. The outlay on this play must have been enor-
mous, and nothing short of such a run can possibly repay
the manager. At Patio, we are informed, Gustavus has
been long a favourite, chiefly in consequence of Auber's
music. It is not, however, for the same reason
that it will be popular here. Though generally
striking, and, in some few instances, exhibiting much
pathos, yet the music is heavy, especially the solos, or, as
we might style them, the vocal soliloquies, given to Anker-
strom, which are spun out. to an intolerable length, and
have not variety of sentiment enough to compensate us for
their tediousness. But the choruses are remarkably fine,
full of life, variety, and animation ; one especially, which
c loses the first act, was loudly encored. It is a sort of
S wedish " God save the King," and breathes the very soul
of loyalty. Of the solos, the only one that produced
the slightest effect on the audience, was sung by Miss
Shirreff in the scene of the masqued ball, with much arch-
ness and spirit. It was wholly of a light, sprightly
character, and contrasted well with the general heaviness
of the rest of the music. The opera, at its commence-
ment, discovers Gustavus (Mr. Warde), who, having
successfully terminated his foreign contests, is about to
devote himself to the more agreeable task of promoting the
prosperity of his country in peace. He is surrounded by
the nobles whose arrogance disturbed his whole reign, and
whose implacable vengeance occasioned his death. The
Time of a celebrated fortuneteller is mentioned, and the
King, who loves amusement, determines to go in disguise
to consult her. The courtiers are to accompany him, and
the die effected nobles, who are seeking his death, imagine
that this freak of the Monarch may furnish them with an
opportunity of putting their project into effect. Before
he sets out Gustavus performs one of those acts of
clemency for which he was famous. He restores to his
rank Captain Ankerstrom (Mr. H. Phillips), who had
been degraded in consequence of its being suspected
that he had been concerned in a treasonable correspond-
ence with Russia, and Count Lillienhorn (Mr. Templeton)
is commissioned to inform him of his pardon. The C iunt
has conceived a passion for Madame Ankerstrom (Miss
Inverarity), which, although lie has not revealed it, she
has discovered, and unhappily shares. In the hope of
finding a cure for this inclination, she repairs to the for-
tune-teller ; the King there overhears, without knowing
her, listens to the sorceress's recommendations to her to
gather herbs, of power to eradicate her passion, which
grow in a wild spot in the vicinity of the city, and deter-
mines to follow the lady and see the end of the adven-
ture, which lie looks upon as merely ridiculous.
Madame Ankerstrom having departed, the King in
turn asks to have his future destiny revealed to
him. Arvedson (Mrs. Forowilliarn) tells him he
will be assassinated by the next man who shall grasp
his band. Gustavus, defying augury, turns to his dis-
guised courtiers and asks them to shake hands with him;
they all decline, and at this moment Lidienhorn enters
with Ankerstrom, who falling at the King's feet to thank
him for his pardon, is raised by Gustavus, and grasps his
hand! Ws is one among several good dramatic effects
which occur in the course of the piece. The opening
scene of the second act represents a dist int view of Stock-
holm, seen by moonlight from the place of public execu-
tion. Thither Madame Ankerstrom repairs to fulfil the
injunctions of the sorceress. Thither, too, she is followed
by the King, who hears her bewail her hapless passion, and
still, without knowing her, remonstrates with and endea-
vours to console her, and offers to lead her to Stockholm
without seeking to know her name. Ankerstrom, whom th•
King's clemency has made his devoted partisan, having
learned that the conspirators are lying in wait for Gus-
tavus, arrives for the purpose of apprising him of his
danger. Madame Ankerstrom recognises her husband,
and implores the King not to disclose to him, of all other
men, her secret. Gustavus, true to his promise, proposes
to escort her to Stockholm, but Ankerstrom objects that
to depart with the lady will insure his being intercepted
by the conspirators, and offers to remain and guard her.
Madame Ankerstrom joins in entreating him to fly, and
at length lie consents to do so, first exacting from Ankers-
trom a promise that he will not attempt to learn who the
lady is. The King departs, and in safety ; the Counts
Horn and Ribbing, the chief conspirators, enter with their
followers and insist upon Ankerstrom's taking them
whither the King has gone. He resolutely refuses, they
attack him, his life is in peril, when his wife throws herself
between him and his foes, and avows her name and cha-
saeter. The conspirators, who believe that she had been
engaged in a❑ assignation with the King, scoff at Anker-
strom upon this discovery, and their taunts and his own
jealousy induce him at once to join their faction. The
next scene takes place in a chamber in his house. His
wife, upon her knees, conjures him to believe her inno-
cence. He is deaf to her entreaties. The Counts Horn
and Ribbing enter, and, with Ankerstrom, agree to de-
termine by lots on whom the task of murdering the King
shall fall. Their names, written on slips of paper, are
put into a vase ; and at this moment Madame Ankerstrom
enters, whop► her husband compels to draw the first paper.
It is inscribed with his name, and he thanks his wife fur
haring procured him the chance he wished for. The
King's grand masked ball is to take place on the same night,
and a page, Oscar (Miss Shirreff), brings invitations to
Ankerstrom and his wife, which are accepted, the ball
seeming to offer to the enraged husband, whom jealousy
has made a traitor, a fitting occasion for consummating his
vengeance. The third act is devoted almost wholly to the
masqued ball. Dances ensue enough to fill a whole ballet.
Besides gallopades, Mrs. Vining and five t,f the coryphees
execute a German pus. A dance des folles, led by Made-
moiselle Celeste, a whimsical and grotesque affair, but
very diverting, was admirably performed; and a ludi-
crous fieure dance by two performers with double
faces provoked some laughter. All this merriment
terminates with the tragical and too true catastrophe
of Gustavus's death by the hand of Ankerstrom.
The scene of the masqued ball is, without exception, the
most striking, the most magnificent, we ever witnessed.
The stage is thrown open to its utmost length and breadth,
and exhibits the saloon of the opera at Stockholm, pro-
fusely lighted with splendid chandeliers, covered with a
skilfully-painted imitation of the richest Turkish carpetting,
and crowded with a motley assemblage of persons, dressed
in every possible variety of European and Asiatic costume.
As all these move slowly forward to the front, from a
distant quarter of the saloon, a pretty shrewd guess may
be made at its reach of perspective. The various dances
in this ball were conducted with remarkable spirit and
accuracy, and the closing catastrophe brought about in a
very effective manner. The scenery throughout was
superb. Among the best scenes was a distant view of
Stockholm by moonlight, painted by the Grieves with a
truth and force not unworthy of Stanfield. At the close
of the opera, Mr. Bartley came forward and announced
its repetition, amidst loud and enthusiastic cheers from
all parts of one of the most crowded houses we ever saw.