The Sun.
London, England, 1826-04-05 00:00:00

AMERICAN THEATRICALS.

. .
I.I.ALTIMOR n, A 1.4% keit 3.--KERN 110 sailed for Charleston,
in company with iUrs. BATTEHSBY and 31r. LEI, to fulfil a
short engagement.
Richard the Third was perfinmed at the•Trafayeue.Amphi.
theatre, New York, on Monday evening, with hors.-s,
benefit of Air. DlN:it:roam'
NEW Your, Manen arepleased to perceive that a
new Opera of the Turco in Italia, will be brought out on Satur•
day, and we have no doubt, with all the success of the former
piefp. _

Miss KELLY had 1,400 dollars at her benefit in Philadelphid

LONGEVITY..---Dit'd ut Brora, ott the 18th .ult.
in the-111th yeer of his age, ALEXANDER URCIOnAnT, late
tidesman of the customs. This honest, but eccentric veteran,
wps boin at Tian in the year 171f1. Possessing the full use of
his reasoning faculties, and Ids memory remaining unimpaired
to the last, he was a living and faithful record of several hue.
resting particulars regarding the memorable reb Minn in 174,1,
many of the leading characters of which, particularly the cele-
brated Col. John Roy Stuart, he had frequently seen. Honest
Sandy bore no share m the conflicting troubles of that eventful
period ; but he had his bloody fields notwithstanding—and
his gun was seldom or never out of his hanth It witt`nW,
however, in the sanguinary warfare where man is opposed to
his fellow man, that Sandy wielded his arms ; he never at any
period of his life wits soldier ; but he was a sportsman, ac-
knowledged by those who were qualified to judge, of the first
rate abibties—as cool, deliberate, and deadly a shot as ever took
the heather. Employed in the capacity of gamekeeper to the
late Earl or Sutherland, he had trequent occasion to be
in the moors with those noblemen and gentlemen who
usually resorted to the North to enjoy the ~porting seasons......
With Baron Norton, Sir John Gordon ,of Ernbo,and the
late General Wemyss, he was a particular . favourite..,....
Many of his anecdotes and repartees on this and other occa-
sions are still remembered—to be laughed at right heartily ;
for though he was a plain unassuming sort of man, his mode
of conversation was tinctured with.a venial kind tit' bluntnesi
and sarcastic humour peculiar to himself, that rendered the
aptness of his remarks irresistible, and no person, how.digni-
fied soccer in rank, was exempted frint his satire. Sporting
was his ruling passion, but it did not deprive hint of the en..
joyment of fishing ; lie was'a most expert angler _4 true sports.
Man in all respects; and like his famous prototype, old Isaac
Walton, of' angling memory, whom he very much resembled,
it was alniost impossible to he long in his company without be-
ing smit with his love to' the are. Of hooks, rods,•and flys,
he would talk with enthusiasm ;..but of the more modern ha.
provement of gut and sea-weed casting lines, &c. he N,.)oke with
contempt, as being the " only resource to which novtces would
resort in sustaining a sarongs pull with bad management." He
would consider it a sort of insult to recommend those things to
hi s notice. By the interest of Lord Ankerville, who always
maim allied it high regard for him, lie was appointed on or about
the year 1780,Videwaiter of the Customs at Inverness,'from
whence he was soon after tranferred to the port of liters,
but was superanuated in 1812, with an allowance of
231. a year, which he enjoyed till his death. He was a
min of very temperate habits—was never known to have been,
even once, intoxicated. He would most willingly take one
glass of spirits, but no persuasion would induce hum to.go- be-
yond that, as he always considered one dram his gage; as he
called it, and above that was hurtful. Ile never coMplained of
ill health, till within about the last twelve months of
His dress was invariably the same; full taint] breasted coat,
vest of old fashioned cut, and a small fiat blue bonnet. A
lady once made a present to him of a •line hat, but he con-
sidered it such an invasion on the ancient rights of the bonnet
that it was laid aside and never used. He was married, and
has left his widow, a very aged woman, still living at BrOra, in-
a house which they have long occupied, rent free; through .the
kindness of Lady- Stafford ; but the widow is othetwfie en.
provided for, as the superanntiation allowance has ceaseil ether
Itusband's death.—(Edinbrirg4 Courant, April
.$.)

The llemoire of S& llekna frequentir meu.
Lions a discourse written. by SaPor.tos in his
Roth year, " On the truths 'it is necessary to
teach men for their happiness." This essay is
remarkable for the clearness of its ideas .on "the
division or property ; therefore, at the present
moment, it cannot but be highly interesting: We
are assured that M. de tr'eneral Gourgaud is
about to publish it at the press of Messrs. Ban.
douin, the editors of the Collection of Memoires
relative to the French Itevoltititin.—(Constitu.
normal.)

~~~.

Dr. MuNta, Itoman Catholic Bishop of the
Midland District, now lies in so dangerous a
state of illness, at his residence in' Wolverhamp.
ton, that little hopes are entertained of his recd*
very.--.(.Worcester 'Jerald.)
On a Lady's entering the vs,mbly room at
York, Sterne asked her name ; he was told it was a Mrs. Bob.
son ; on which he said, "he had often heard vf Rolom's
choice, but he never saw it before."
Au errand chrtiwas robbed on MolidaY eveuitt
between Vauxhall Bridge and'Kennhigloi' C." 5.5)
of linen of the value of about 50tstothemparrsuo.cptseilorriny:
of Mr. Justice BAYLEY. .
The house in the High-street, above Bar,
which is to be built upon
Southampton,il:r°eNv'io'u`::4los il“fhotrkw;:eelkil pulled ili):4l'd'h:}dsHegoti:nl;) ft
o by
Make room
,b„ltY;T:trsno'fne,:adjoining.houies.
tfloire'silteasOsteltni

THE LONDON JOURNALS.

DA I bY

Extract, front the Morning Papers,April 5, 1826•

[THE TIMES.]

the firmest bonds of society. We long to see the'
characters- of English gentlemen, for their own
sakes, rescued from this stain, and to see the
bonds drawn closer between then► and their de.
per►dents, instead of being, as they now daily
are, severed wider by the selfish demoralizing
effects of the Poor Laws and the Game Laws.

It is understood that the Commissioners at the
Cape of Good Hope have sent home their report:
and it is further stated, that in consequence of
some fresh charges, which have been furnished,
not by the Commissioners, but by persons ofli-
chdly connected with the Cape Government, an
order has gone out by the Sparrowhawk for the
recall of Lord Charles Somerset. We shall be
rejoiced to find that this intelligence is ,put be-
yond all further question by the event. What-
ever the case may be—whether ordered home by
the power which promoted him or not—we have
the satisfaction of thinking that there is scarcely
another Englishman in the Empire, except this
same Lord Charles Somerset, who, knowing the
sort of estimation tet he was held in by the com-
munity over which he had been placed, and the
numberless charges brought against him, of con-
duct
in the highest degree mean as well as arbi-
trary, would not, years ago, of his own will,
have returned to England, and insisted on a
public trial
As we are quite sure that Mr. Peel will be
anxious to, listen to any suggestions for the fur-
therance of the great object which, he has pro.
posed to himself, of amending, simplifying, and
consolidating our Criminal Laws, we shall occa-
sionnlly publish such remark's as appear to us
not altogether unworthy of Ids, attention. We
have received several letters, for some of which
we shall endeavour to find room at length ; from
others we shall content ourselves extracting
the e.qello.. The following is the substance of
one of these communications, and is, we think,
of some importance :—" Mr. Peel's Bill for im-
proving the administration of criminal justice
leaves untouched one Important question, which
has long been a moot point amongst lawyers
-- namely, whether a justice of the pence can
compel the attendance before hint of persons who
know-the facts of the case. If a witness appears
before n justice, there is no doubt that he has
authority to bind him by recognizance to appear
at the sessions, and to commit if the party ob-
jects to be so bound. But if a person is believed
to know material facts, and he refuses to appear
before the justice, his power to bring hint for-
ward by warrant lies been questioned, because-it
is doubtful how far n compulsory process, which
deprives a man not charged with any crime, or
the. suspicion thereof, of his liberty for a
single moment, can be perfectly justifiable :
bat Alien (night crime to go unpunished because
the Magistrate is trouble to secure the attendance
yF a WillieSS? Should not the oath of a party
that he believes a certain power is capable of
&Ong material testimony, be a sufficient ground
:0 issue a warrant ? To return to the Sessions,
for the ;pie of lite Judge-, whatever the prisoner
and his witnesses may state before the Magis.
trate, which will become necessary in order to
comply strictly with the terms of the new law, is
(pin., 'contrary to' the present practice, and as it
will certatnly prove an additional difficulty in !
the, way of a culprit, to counterbalance it, the
criminal ought to have the beet. Means of defence
secured to him by formally sanctioning the right
of having an I.:twiit.), present on MS behalf at
every' mxryntiantion, w Ito shall have. permission to
tiue'stion the witnesses, and to have such cross.
Niiinin:ltion returned as part of the deposition.—
Thepere presence of On attorney is now fre-
nuvotly disallowed in the country ; and in the
metropolis even, they are not permitted to put a
question, except as a matter of especial favour,
and Then - sometimes only through the mouth of
the 4Magistrate."--,(fiiist)

ITIIE PUBLIC LEDGER.]
The Court of Madrid, if we are to believe the
accounts in the French Papers, has been thrown
into the utmost consternation by the change that
has occurred on the Portuguese Throne. It sees
in this event the approaching triumph of consti-
tutional principles in that section of the Penin-
sula ; and, in this instance it has shewn more pes
netration than the world is in the habit of giving

it credit for. Its fears too, are by no means ex-
travagant, considering the stubborn bent of its
own principles. Every thing seems to predict
that arbitrary rule will not be much longer
the lot of the Portuguese nation.; and, when
once the latter obtains a Constitutional Govern•
ment, we cannot conceive how despotism can
flourish at the same time in Spain. The exist-
ence of one is so clearly incompatible with that
of the other, that we are not surprised at the
, sensation, which the demise of King John has oc-
casioned at the Court of his brother-in-law. The
latter has been placed by this event in the most
cruel- state of embarrassment imaginable, for,
with his decided arbitrary predilections, the
idea of bbing haunted again by the spectre
of liberalism must excite in his legitimate
breast mingled feelings of abhorrence and
dread. What must increase his excitement,

is a pretty clear conviction, that it is not
in his power to avert this frightful visitation.—
The political lot of Portugal is already fixed by
imperious circumstances ; and the chance of
effecting a union again with Brazil would alone
serve to cast it in a constitutional mould. Pedro
cannot exercise sovereignty in both countries,
without giving constitutions to both ; and this
consideration would be certain to determine his

choice, if he had no other inducement. But in
the capacity of limited King, his ambition would
obtain a much wider field, than even the secure
possession of the two crowns would hold out ; and
we need nut dilate upon the facilities and temp-
tations which in this respect, he should find In
ale misery and degradation to which the people
of Spain are reduced.

ASSIZE INTELLIGENCE.

YORK, MONDAY, APItIL 3.
(liefiire Mr. Justice BAY LEY,)
I.IDEL.—SMITDSON v. LEATLIAM.
This was an action to recover a compensation in damages for;
a Libel published by the defendant, reflecting on the conduct
and character of the plaintiff.—Mr. MILNER opened the pro-
ceedings.
Mr. ScARLT.TT stated the case to the Jury. The plaintiff
was a gentleman of great respectability, practising the profes..
sion of the law, and residing at Pontefract ; and his elm.
meter had never been called in question except in the present
instance by the defendant. The defendant was n gentleman
of property (a banker, who had not failed), residing in the
same place. it was well known that Pontefract returns two
members to Parliament. 111 r. Smithson was the agent and
Mead of one of them, Mr. lioultisworth ; and, in cmisequenta
of a rumour, last year, that a general election was about to
take place, the defendant, Mr. Leediam, who had espoueed
the interest of some other candidate, conceived the idea fiat
the best plan that could be adopted for paralyzing the exertions
1 of Mr. Smithson on behalf of his friend, Mr. flouldsworth,
would be to get Mr. Smithson elected Mayor, and re.
turni •
ng officer of the borough. Mr. Smithson having heard
of this intention, waited on the defendant, and explained to
him the awkward predicament he should lei placed in by such
an arrangement, anti requested he might not be put in nomi.
nation, for, in the event of his election, he'intist forego all his
attachment and exertions for his friend, Mr. Houldsworth,
and, after all, would not escape suspicion of keying acted with
partiality towards him. On that account alone he wished par.
titularly to decline the office, end especially as he was the
youngest of several aldermen who were more fit for the station.
After this explanation he did not expect to be
.put in lumina.
tion : but what was his surprise, during his absence from
home in September last, to find that he had been actually
elected Mayor of Pontefract. According to the custom of the
place, the Mayor was never duly elected until he had enter-
tained the electors with a collation ; his absence front home had
therefore prevented this part of the ceremony ; which rendered
his election imperfect; hut on his return he was told it was not
too late, they could still breakfast with him : but he declined
the office, and stated that he was not qualified, as he had not
taken the sacrament within the time prescribed by law. He
then' applied to the Court of King's Deitch to be discharged
from the performance of the duties of the office, and a munch,.
mac was granted directing the election of another mayor. At a
meeting of 37 of the electota for that purpose, held on the nth
December htst, the defendant, as alderman, took the chair.
lend a Mr. Clofrofficiated as clerk on that occasion. Mr. Tote-'
lei 0 n Nter G II EItA 1. 9.1 man, the late Mayor, was sent to, and requested again to ac.
We! copy the follow i til, from it Provincial mit the office, but he declined the proffered honour. The de-
Toirrnal .;—‘, Sarah West, aged (19, lola iieen rodent ;hen, after indulging in a flaming speech, again pro-
posed Mr. Smithson, and oflered to contribute fifty pounds to.
wirmittleg to the Comity Bride well at NV inclIPS. wards compelling him to serve the office. Finding that this
ter for three months., eon vit•ted of having a here had no effect in the meeting, although they had been convened
solely for the purpose of electing a
in lief .poseessiou. it:tying been for many years Mayor, he took from. his
......,.,.:,
wor,a 0 from .n.iiky to Knsinlzooke,
she pockerte card, and rend the following censure on the conduct
of 11 . Smtthson
' ' `u'"'. . " ,
eleas'ilatinesteti to carry a hare to the littler plats " Resolved unanimously, that the conduct of Mr. Smithson,
tlnh,4liameelnecetxiotrtetnonee Mayoralty of the borough of
by a 'point:trios poacher, who, being afterwards Pontefract,itrect
app?Oltonded 'for poaching, -gate information amply merited the censure otitis? eil,ecanwn.ittioawenlem,maerind„ that h e has
agiliifif illy old w 011ia ft, amid thereby saved himself lie then proceeded to -put this resolution to • the vote of the
meeting,--hve or six individuals held 'up their bands for it,
frosn'the.penalty.".---if any thing were wattling , and without putting the question the other way, be declared it
to- eeteve 'the brutal inhumanity of the Game to hive passed unanimously. An altercation took place. seve.
Lk 041,.- it ii here Famished in a• new and rat of the electors quitted the room, the gentleman who acted
as clerk refused to take down the resolution, and the defendart
more odious light—ift • no instance of their
wrote it himself, and then caused it to be published in five Of
voting neither age nor. Sex,—and. of their the Papers circulating in the neighbourhood, as the unanimous
resolution of the electors of the borough of Pontefract The
artoistm ••persons with weapons aping .each i
plaintiff, onbeing apprised of the way of the revolution had
othes,, which are convertible to the Worst passed, wrote to the defendant, demanding as public a retrac.
stud irlost oppressive purposes. /f ere we have a tem of libel that he . had circulated; but up- to this day the
Poor 9ld we otrtatt, for merely carrying a ,hare in Itecezi,atoot
slight
tnoitmtit etantitleosnli galltyesntianit:ttiocessofy ttrut application.
it merite
the exercise of her ordinary calling, consigoAl to the censure of the society in which he lived, and he (Mr. Star-
a 161/gCr IS" severer punishment than awaits one. lett) therefore trusted the Jury would,- by their verdict, show
the opinion they entertained of the unwarrantable conduct of
WV the flOelet depraved London thieves *lie are
the dkifendant.
eliett. at the.Qiti liailey... :It cannot he forgotten, Mr. James Coleman, town.clerk of -Pontefract, stated, that
three, similar attempts , were mad,. to , enforce the plaintiff was elected Mayor on the loth of September,
- 11125: ht that time he was absent from. home. On his return
thigodiro, brow, „i• th„ 6,,,
.14„,cs a few
• he applied to the Court of King's Bench, who had granted a
months gore iii the roetrupohs, by some over- noiedatime for the election of a new Mayor. It is not usual to
officious underlings of theovolice,. into attempted Publish the proceeding of such meetings, The Meeting on
the Mb of November was called for the purpose of electing a
to,stop persons carrying game along the streos. may,.
'Ph 4 d • ' f their
_ 0. goo hens! 0 superiors, however, put Cross-examined by Mr. Ilitottortaar.—Smithson is at.
an-irnmediate stop to such proceellings ; and wp„ torney'and agent for Ifouldeworth ; is his agent for Pontefract.
,Ideademi is. a burgess; he- is not a bunker • his brother at
wt +lm tile ronlii. set. something like a ,intilar feel. 1, •
• •
ethe 1,4. Plaintiff canvassed himself' before tlit eta-
' •, .
of thsving' inguencleg some part emjuLry Magi's. lion. When there are two Aldermen who have not served• the
'eh see leer is not
gene , i hat t 1 ill .. ~ t . likely' to he tee' ' ()Mesa Mayor, the senior, according to cuetom, 'ls elected,
Plaintiff was duly I here objections;
elected, except for own he
'ire -wrinkled to 1; Ijudges • tt •
okr
,- ivihile 4T:ii 1 I i Pit aris never objected to being elected Alderman on the 13th of June
liani• ilitspoiaill lite riworts of hussy and- phteXltitite, receding. There is ti. three weeks' Court Baron in Ponte..
DOA their IcoPinaltic hangers On, are to' he* the the Fact foT the Ateovery of debts, which cannot he held without
Mayor.
' t bt; '
riser,illeise of thin'
r4Ct Ii .Le this Me. Sheardowe, editor of the Doncaster Paper, Mr. Talbot,
iiiintiq'ftionopolY-ticid' its Opt ressive conSetitienees. ofa the Leeds Mercury, Mr. Ray, of the Leeds Intelligerteer,
ant? Mr. Stafford editor of the. Yorkshire Gazette, proved re.
liftiie G41'614,144 (arms " th"Y "nhile" dc/t ceiving haters e • '. is j i n the de-
tile- misery . . . , p which the following a copy, rot
' roost fruitful soarice of Crime anti
remtant, melosmg a copy of the resolution complatned of, and
' ' ' great mrt Of the lovver oiiiers, ther are pro,&eed their papera with the advertieement e-:-
Itefteptg Et 1 ritn—t alit ordered by the burgesses, of Pontefract to re-
' her iti the bid feel- •
t* tete iflitlfriOttS to the Ing , , . quest you will he so good As to insert the annexed in tine week's
tii4iirtlioy t ymitro't e, athounting to utter hard- puper,a4i if there is any charge, it shall be-paid; as:at any
. ~,.rate they wish it be i I nsertet .
ltitilttte`s d. - i ity in' 4liose whom kiwi.- ~ Dec,l4 to .
s tut in !WIWI . ~ • (810e4i) 's PLINTOFF lA:ATHA/U."
r
itt Mitt ' . ' •
" effectiou towar4V&Abeir inferiors is One of Me: slatailasou Ana James Holmes, burgessci, wins aiteril.