The Sun.
London, England, 1817-12-05 00:00:00

CAMBRIDGE, DEC. 4.

We have authority to State, that an Address to
his Royal Highness the Prince Regent., on the late
most melancholy event, from the Lord Bishop,
the Dan and Chapter, and the Clergy of this
Diocese, Ims been resolved on, and it is•to be
forivarded to Wisbech for, signatiire by the Clergy
re,idetit in that neighbourhood.

An Address of Condolence to his Royal High
Hess Prilice Regent, on the lamented death of
the Princess Charlotte,
.n;as Onanimolisly. vote,i
by the Corporation oyhis. 'town, on Wednesday.'
last. ,

Riatard Formby, El. of Caius College, was on
Wednesday last admitted Doctot in physic.
. , Robert. 1)e 144 Cour Beamish, Eq. of St. JOhn's
College, ,Sharp Mac Leay, Esq. of Trinity
College, and the Rev. Henry Poynder, of 'Christ
College, were on the same day admitted Masters
of Acts.

The Rev. Thonlas.Skiiinshire was on Friday
insTitilicil to the vicaragt of Houghtoninxta Harp-
Icy, in Norfolk,' o.n the presentation of the Mar-
quis of Cholniondcley.
liev..George;llay,, B. A. is appointid one
of the Minor Canons of Norwich Caihed►al, ou
the yrsii„,,Oation of the Rev. J. W. Newton,-M: A.
• .The wake of Portland has appointed. the Rev.
1%,m, H. Parry, M. A. Fellomi of St. John's Col-
lege, ►►nd vica►r of North .Moskhain cum Hanle,
Notts, to he his (;race's domestic chaplain.

EXETf;R, DPC 3..-7011oday last the Lord
Bivhop of, this liioccse held
sa private Ordination,
in !his cif when Francis Harriman Holton,
A. B. of 11:adhant College, Oxtord, and M •ster
of the free and endowed Grammar School Of Bide-
ford, wits ordained'a Deacon ; and the Rev. John
Bartholomew, A. of Corpus', Christi College,
Oxfkird, the Itev. • George Boughton, A. B. of
Wadham Colltge, and the Rev. Hen. Gainble,
A. B. of Exeter College, Oxford, were ordained
Priests.

. . .. ,
YOUTHFUL DEP.RAvITY.--'l:be Pi)lice Report
sheers, that in the last year,nearly 400 Q. culprits,
.nocler 20 years of age, were confined in the pri-
sons of the ,3letropulis alone ; about 10el-of.,%lioni

were under
.17...years.qf age, ythile.,9s7 of this early

were .enitfined for :telost.ies: The Police
.Coipmittee recommends a prnitenti,ary system for
offitticrs ill the
.tvetro.polis. Bat pro-
.l),,bly a mole suithldr place may be fotinCl'at Dart-
tinturrly .ocettpied hy, FrenCh pri-
; and (Wit, atter dieemployment
might he found for them in the Newfouildiand
fishery., &c.

LAW INTELLIGENCE.

ROLLS' COURT,DEc. 4.
Before his Honour the Master of the Rolls.

THE Si AGE.

WHITTINGHAM. AND ARLISS P. WOOLER,

The plaintiffs'in this case are very respectable
printers. and publishers, and the defendaot, the
proprietor of The Black Dwarf, and e p riodical
work entitled The British Stage. ap-
'die:viol-I was made to the'Lord Chancellor, for
an injunction to restrain the defendant frompnb-
Aishing, printing, or selling, or causing to be pub-
lished, primed, or sold, a certain part or parts of
the work called The British Sltae,•wlicli contain-
ed extracts'trom the comedy of Who's. who? or the
Double kuipostor, the copyright of Which was vest-
ed in the plaintiffs by thine of an Assignment
from Mr: Poole, the aullor of the Comedy. The
Hilt 'also prayed. thdt the :defendant might be or-
dered to account for tlie profits arising from the
pats (the'l3th and 14th Numbers of Vol. 111. of
The British Stage) already 01(11 and alSo that he
might be decreed to pay the costs ,of the present
snit. it appeared that Mr. Poole, the author of
the Comedy, had sold the weak to Mr. Wiritting-
ham, but no assignment of •it had been made; it
had, however, been entered at Stationers' Hall,
in the name of the plaintiffs, awl consequently
the right to it Was vested in them.

Mr. HAu'r,on rising to addreis his Ponour„said,.
he was not aware that any person appeared for
the defendant.— (Here Mr. Wooler came for-
ward, and said he appeared in his own behalf )-7
Mr. HART then proceeded. The bill bad been
originally OH against Mr. Wooler, and a person
oft he twine of Wells, who carded on business as
Wooler aria Cu,; but it having been discovered
that Mr. Wells hid no title to the work, the bill
bad been dismissed as against him, and Mr.
%V4-ooler now appeared as: the defendant. After
going over the facts of the case, he concluded by
observing, that.he had not expected any defence
to -have *been set up, and submitting, that the de-
fendant, as he hail nut appeared to have published
the parts in question subsequent to the issuing of
the injunction, might be decreed to pay the costs.
'Mr. Bald. folloWed, and submitted Ilia! the pre-
sent was equally an invasion of the Plaintiffs'
right a% ,that which look place with respect to
Plays, and which the Lord Chancellor
had held to be so.

•The MASTER of the RoLLs.—Mr. Bell,does the
extract- begin with the• first page, and go .regu7
-lady on,?
Mr. BELL.—No, your Honour; the, first ex 7
trict commences with pages 12, 13., and 14, and
the other pages 22, 23, 24, and 25. It could itot
be•said that they were taken for the purpose of
Lair criticism, as out of forty pages there were
seven of the•extract it was therefore clear, that
the present was an invasion, andan account ought
to be ordered. In tact, the parts•complained of
did not contain'. any criticism whatever,..either
on the play itself, or on the actors, but merely
the•extraot.

Mr. Wootza said, the present was one of those
litigious causes that never should be countenanced
or introduced into a Court of: equity. .The cir-
cumstances ()centred two years., ago,.and at the
time lie w:,s publishing, in fact within one hour
after it had been beforethe.publicj.a person celled
on hint, and said that •-he not publish the
work, or, if be did„ they should seek their remedy
against him. The answer he gave -was, that it
would be of no consequence to [Cull, for the num-
ber of the work was so small, that it ,would not-
be- Worth his'•while contesting about it,.and he
act:pilaf:oy immediately stopped the publication'.
The asS,rt ion that .the parts, Nos. 13 anti, J 4, did
not coolant any criticism on the extracts taken
from the comedy, ~e (lid not deny; but the reason.
w4s, the•work was make up of miscellaneous mat-
ter, and there was, Lot room for-it; and therefote the
criticism had appeared in No.lo. He denied having
hail any intention to oend : nor had' he, when
publishing the first extract, announced anyinten-,
tion to continue them. The publishing extracts
from works Was"-a. course constantly pursned.by
the Edinborgh and other Reviewers, as well as by
the Maga2ines and Newspapers,
,and so far from
being thought injurious to the, authors, it was
considered to he of benefit to them and the Pith-
lie at large, as it had the'effect of pointing'► out
those works worthy of perusal.. [lad the
.work in
(p)cstion been of vainest() him, he certainly should
fiave contenOed for the right ;- but, as it was, he
did not think it worth contesting for. He,. in
conclusion, quoted the"ease of " Dodsley a. the
Proprietor at Rasselas," where the publishing
the whole of the work without the remarks-had
he(n held not to call- for the interference of the
Court.

111 r. HART, in reply, said the question was, not
as to !fie amount of the loss for which redemp-
tion was brought, tint whether or not the-defen-
dant had invaded the right of the plaintiff. Au-
thors' would 'he liable to a great decrease in:the
value of •their works, were the. Court to suffer per.
'Sons- to extract and publish the best parts of them.
The observation of Mr. IVooler, that he had,
tnediately on being applied to, stopped the publi•
cation, would, have been. oFgreat importance, but
onTooking to his answer, -he found it to -be.quite
Lthe eimitraiy, 'for there be asserted that he had
only copied disjointed extracts, which he was 441-
-titled -to do, while, in tact, he had copied one
of .he most important scenes in the comedy, and
again porstied the extract in a subsequent number
of Iris' work: In answer to the observation that the
publishing extracts of works was of benefit to. the
authors, he said, .though it might be justice on.the
behalf .ot the public, it certainly was not on that
'Of the author to point out what work was or was
riot worthy to read. The public. ought to be
left to their opinion in that respect. The present
was eertOnly an invasion, and, therefore, Mi.
‘Voolen ought to pay the costs, and give an ac-
count of the profits.
The MASTER Of Abe RoLLs.-I.shall look at the
two publications, probably be able to give
, Judgment •
Withot referring the case to the Nas-
ter.. 1 shall want a 'copy. of the work to eatable
the td dd Sci, . • • •_

Wooler,.in consequence, bat“leil, up 4ix
ouinbert of the work,—J udg !tient poitponed.

COURT OF KING'S BENCH, Dce. 4.

Sittings before Mr. Justice, 110LROYD.

ASS ACCT.

THE ICING V. CLARKE.

This was an' indictment for 'an assault with .an
intent to commit a rape, and was at' the prose-
cution or Mr. Thomas Webb, a gold and seal
chaser, residing in St. James's-walk, Clerkenwell,
against a person of 'the name of Clarke, living iv:
the same neighbourhood, and following the Joint
occupations of hair-dresser and tobacconist. The
a,ite of the prosecutor, a well-looking yowls e -
man, under-20 years of age, .being desirous, pro-
bably, of setting herself off to the best advantage,
on the 21st of January last, had 'taken a hair front
to the Knight 01 the Curling Irops, to have it put
into proper 'order. In _the evening of the
same day, about 5 o'clock she left he'r husband
to procure some butter tor tea, and- on her re-
turn with the butter she called at Mr. Clarke's to
inquire if the curls for her, front had received
a tasteful disposition.—Mr. Clarke, thongh it %itas
his interest to reconituend the aid of artificial
charms, was still so mach an admirer of native
graces, that he hazarded an opinion that Mrs.
Webb would possess a much greater degree of at-
tractiveness if her own ringlets were suffered to
stray- upon her forehead, if by means of his art
they were restrained front wandering into defor-
mity and disorder. Mrs. Webb, yielding to Mr.
Clarke's acknowledged taste, suffered herself to he,
Conducted into the inner room, the Aletendant
fastening the shop-door, and also the door of the
inner room ; he then infringed upon the delicacy
of Mrs. Webb, who fainted away while struggling,
and did not come to her recollection until ,she
footed herself seated in a chair, and the barber
by her side throwing cold water over her face
and neck. She entreated to ,he released ; this
being granted, she immediately went home, and
in a fanhering and almost fainting manner, in-
formed her husband of the barbarous wrongs she
had sustained. The prosecutor immediately sum-
moned his neighbours,
,and called upon the de-
fendant to account for this breach of decorum ;
the defendant obeyed the stiminons, but denied his
having acted•very improperly ; he was, however,
sorry for the sotretings of Mrs. Webb, who, in
consequence of the maltreatment she had received,
miscarried in the course of the nigbcand bad been
in a bad state of health ever s:nce.

Mr: SCA RLETT related the several circumstances,
and called his evidence to prove the case.
Mrs, Webb gave. her account in a clear and
simple matinee.
• On her cross-examination by Mr. GURNEY, who
endeavoured. to draw from her an' acknowledg-
ment- of former irregularities,. she admitted that
she had been twice in the House of Correction,
for petty thefts, when. very, young, and that ,4 he
had been for the space of two years in the Re-
fuge for the Destitute. 13ut; on her re-examina-
thin, she Said that when she. was recommended to
a plaCe, she received the usual reward for her
good conduct in service, and,afurther douceur on
her marriage.

Her evidenee was fully corroborated by her
husband, his apprentice, a person of the name -of
Dewing, and Mr. Shipman, a Surgeon, who at-
tended Mrs. Webb in her illness.—Mr. Hoskins,
of the -Range for the Destitute, was also called_
to-prove the good conduct: of Mrs. Webb, while
under his- superintendance, and the rewards she
subsequently received.
Mr. GURNEY, for the defendant, said that it was
easy'for any person in the situation of the prose-
cutor's Wife.. to make a charge of this description ;
but it Was extremely difficult to repel it. Theie
was little else but the character of the respective
parties from which a judgment could be drawn.
His client, he should prove, was- a man of irre-
proachable,character, while that of. Mrs: Webb
he should as distinctly prove to be • extremely.
loose. She had admitted her being sent to the Re-
fuge for the Destitute fur the purpose of being
reclaimed ; init., he was sorry to say, that. the ef-
forts bf that laudahle Institution had failed. of the
desired success. His witnesses, he was confi-
dent; 'would' give a totally diffetent colour to the
case.

Mrs. Mary Stott had. a bad, opinion of Mrs.
Webb, but had known little or nothing of her
since she Was 13 years old,
Her evidence not being so clear and precise as
it certainly might have been, Mr. Sc'AULETT, in
his cross-examination, warned her that terg,iVersa--
tion would be severely- visited upon her by •iiis
Lordship—" Very good," was the Lady's reply,
in the mildest tone possible.
Mr. John Hubbard came forward out of regard
to Mr. Clai'ke, and tidied hi 4 evidence to the inte-
rest of his friend, according to the best of his
judgment ; but unfortunavely the various parts Of
his testimony cduld not be brought to dove-tail
with•the requisite exactness. The knight of the
slattghter-house seemed to have as indistinct an
idea of the matter in question as he had of Lord
Mayor's Day, which be stated to be in the month
of January.
Mr. John Gilliard, styling himself slide-maker,
but in reality the occupant of a cobl6.'B stall, in
the neighbourhood of the Haymarket, conceived
Mrs. Webb to be a very bad young woman, so
Much so that he should have thought it an im-
peachment upon his moral character to keep'coni.
pany with her: Mrs. Webb 'had been with him
to Tothill-fields fair, but be could not exactly re-
collect 'whether the (air was.in June or January.
On his cross-examination lie denied any knowledge
of his• age, " never having had either lather or
mother."

Mr. Jeffrey Stokes,. a hutcber, in, Aylesbury-
street, had frequently seen Mrs. 'Webb, but did
not approve of bei conduct, neither generally nor
particulaily; David-Deane, Esq. a Niagistline tor
• the county of Middlesex, as-well as Messrs: Tho-
mas Austin„ Adamson, .;and Amos. March,.. were
severally called 'to speak to the Moral character of
the d'erendalit, as regarded tire tair, sex ; the. de-
fendant being a man of 'about 50. years or age, a
husband, and the father -of a numerous family. All
these Gentlemen deposed,, that they had long
known the delehdant—they knew no harm in
him, nor any good..
Mr. ScARLETT-addressed the Jury in reply : 'he
animadverted in very severe terms upon the line

of defence adopted, and of the means- by which
thAt defence was atrempreql to he stwa;.tied.

Mr. Justice floLeovp stittnued tip the evidence
in his us.3al persnicnoas manner ; after which the
34,ry:vdthont ai,y I►esitation, gave in a verclio, of
Guilty
'1 he trig! lasted several hours, and was not over
nail a late hnitt'l9 the. evening.