The Sun.
London, England, 1828-04-16 00:00:00

KING'S THEATRE.

Mademoiselle Sontag, about whom so much has
been said and written in the way of eulogy for the
last eighteen months, made her first appearance here
last night in Rossini's II l3arbiere di Seviglia.
In person this young lady is of the middle, or
perhaps a little above the middle size, elegantly
formed, with the slightest possible inclination to erg
bon point. Her age, we understand, is twenty-two.
She has fair hair, with soft and tender blue eyes;
her countenance is an oral of the finest and most
interesting character; her features delicate, but not
susceptible of profound or stirring emotion. Her hand
and arm realizes all that we can conceive of grace
and beauty. On first coming forward, she was wel-
comed with a prolonged and electrical burst of ap-
probation from all parts of the house, which she ac-
knowledged with a sort of sensitive and shrinking
modesty that much increased the attraction of her
beauty. With respect to her voice, it is a clear and
melodious soprano, of very extraordinary flexibility.
Her style of singing is florid,perhaps too much so, and
calculated rather to astonish than delight. She has a
greater facility of execution than Catalani, but far less
power of voice. The character of" Rosina" was judi-
ciously selected for her debut, and elicited most of
the peculiarities of her vocal and dramatic style.
Among the airs especially deserving of comment
was the Cavatina " Una voce poco fa," which per-
haps was never better, certainly never more success-
fully given than last night. The music lesson too
in the second act, for the original air of which she
substituted Rodi's variations, adapted by Madame
Catalani, afforded her a fine opportunity of display.
On the whole nothing could exceed the spirit and
buoyancy with which she went through her cha-
racter; and which have by this time, we doubt not,
rendered her the object of astonishment and admira-
tion to at least one half of London.

We have just received a lithographic portrait
(published by Ackermann), of this delightful
songstress, an account of which we attach, by way of
appendix to the foregoing. The sweetness of the
countenance is neatly preserved, more especially in
the eye, which has a voluptuous but chastened look
about it. The chief defect lies in the mouth, which is
placed too near the nose,is rather too large, and betrays
a want of proportion, of which the countenance of the
original is wholly guiltless. The halid and arm—
especially the former, are finished in the highest
style of excellence. The flesh looks plump and
rounded, and the taper fingers are very models of
grace.

The Duchess of GLOUCESTER visited his
MAJESTY yesterday, at his Palace in St. James's.
The Duke of CUMBERLAND is shortly ex-
pected to arrive in England from the Continent. His
Royal Highness will bring with him to this country his
eldest son, Prince GEORGE of Cumberland.

The Princess AUGUSTA, attended by Lady
MARY TAYLOR, arrived at her residence in the King's
Palace, St. James's, about one o'clock yesterday afternoon,
from the scat of the Duke and Duchess of CLARENCE, at
Bushy Park.
Prince LEOPOLD and the Duchess of KENT,
attended by the Baroness de SPAEDTII, and Sir Jas. Cox-
goy, honoured the performance of Mademoiselle SOVTAG
in the opera of "II Barbiere di Seviglia," at the Italian
Opera-house, with their presence, yesterday evening.
Prince ESTERIIAZY, the Austrian Ambassa-
dor, was engaged for upwards of an hour yesterday, at the
Foreign-office, Downing-street, transacting business with
the Earl of DUDLEY. His Excellency had afterwards a
conference with the Duke of WELLINGToN.

Count D'OFALIA, the Spanish Minister (on
a special mission) transacted business with the Earl of
DUDLEY yesterday at the office of the Secretary of State for
Foreign Affairs.
The Earl of DUDLEY had an interview yester-
day with the Duke of WF.I.LINGTON.
The Duke of PORTLAND visited Mr. Hus-
i:lssoN yesterday at his residence in Downing-street.
FASHIONABLE ARRIVALS.--The Duke of
Newcastle, at his residence in Portman-square, from his
seat, Clamber, Notts; Lord and Lady Faversham, and
the lion. Misses Duncombe, at their residence in Arling-
ton-street ; the Duke %nd Duchess of Richmond, at the
Duke of Argyle's, in Upper Brook-street, from Newmar-
ket ; the Earl mid Countess Cowper, at their house in
Little Maddox-street, Hanover-square, from Brighton;
the Earl and Countess of Sefton, and the Ladies Molyneux,
at their house in Arlington-street, from Newmarket ; Lord
and Lady F. L. Gower, and family, yesterday, at their
house in Albemarle-street, from their seat in Berks ; Lord
and Lady de Clifford, at their house in Bruton-street,
Berkeley-square, from their seat, King's Weston : Lord
and Lady King, yesterday, at their house in Dover-street,
from their seat, Ockham, Surrey ; the Ladies Fitzpatrick,
at their house in Grosvenor-place, from their seat, Farming
Woods, Northamptonshire ; Colonel and Mrs. Gore Lang-
ton, at their house in Grosvenor-square, from Southamp-
ton ; le Comte de Bille Bras, attache a la Legation de S.
M. Danoise, aux Pays Bas, and Mr. T. Shepherd, at
Machetes Hotel, Dover-street, from Paris; Mrs. Teas-
dale, at the London Hotel, Albemarle-street, from Brighton;
Mr. Mts. and Miss Purvis, at Ellis's Hotel, St. James's-
street, from Sunbury ; General Sir Thomas Arbuthnot,
Bart. at the St. James's Hotel, Jermyn-street, from
Portugal.
DEPAItTURES.—The Hon. William Burrell,
for Dover; Captain and Mrs. Liarrison, from Cavendish-
square, for the Continent ; Lord Lynedock, from Warren's
Hotel, Regent-street, for Paris ; B. Dallas, Esq. from
Gould's Hotel, Jermyn-street, for Dover ; William Yates,
Esq. from ditto, far Dover; Mr. and Mrs. Wilson, from
the British Hotel, Jertnyn-street, for Paris; Lord New-
burgh, from ditto ; Colonel Jackson, from ditto.
A serious accident occurred at Drury-lane
Theatre last • night. Master WIELAND, who plays the
monkey in the afterpiece, has to climb up the side scene at
the commencement of the piece. By some accident he
lost his hold, and fell from a height of 12 or 14 feet upon
the stage, and came on his side and head. He moaned
loudly, and was carried off by the performers who were
taking part in the scene. The curtain dropped, and Mr.
BROWNE came forward and stated that he would report
the nature of the accident as soon as it could be ascertained.
After the lapse of about a quarter of an hour, he again ap-
peared and said that Master WraLAND was seriously hurt,
but that an endeavour would be made to get through the
piece as well as possible. From this it xas supposed that
Master WIELAND would not again appear; but when the
curtain drew up he was seen sitting in a chair. The
audience, with proper feeling, unanimously demanded his
removal, and he was led off the stage evidently in a state of
great suffering. The panoramic scenery was then exhi-
bited, and the curtain tell. Mr. BROWNE then once more
came forward, and stated that Master WIELAND had been
removed to his house wider the care of a surgeon, and that
his hurt Wai dangetoas,

LAW INTELLTOENCE.-(THIS DAY.)

COURT OF CHANCERY.
STEPHENS V. GUPPY.

His LORDSHIP gave judgment in this case, which
was argued before him some time ago. The bill
was filed by Wm. Stephens against Samuel Guppy
and others, for the sale of three sixteenth shares in
the Coseley Iron-works. The plaintiff being pos-
sessed of the three sixteenth shares, in question,
entered into a contract in 1818, for the sale
of the same; possession was then delivered to
the defendants, but according to the terms of the
contract, it was not necessary to make a good title
till the following year. It was clear that the plaintiff•
was not ill a condition to make a good title; and the
question was whether the conduct of the defendantswas
not to be considered as amounting to a waver of that
inability to make a good title. It was argued that
agreeing to pay the purchase-money, on being let
into possession, was evidence to establish the
waver. The Court, however, agreed both
with the decision of the Vice-Chancellor and
Lord Eldon, that a waver had not been made out.
The bill then alleged that the concern had been mis-
managed by the defendants, and that the plaintiff wa
entitled to compensation in that respect. In observa-
tion to that, the bill had only been framed, both
originally and as it stood on the amended record,
with the view of making out a waver of the want
of ability to make a good title ; and tinder such cir-
cumstances, the Court could not give a compensa•
tion under the prayer for general relief.

This decision confirmed the order that had been
made before dismissing the bill ; leaving, however,
the plaintiff at liberty to take any other step ho
might be advised, for the compensation he nog,
sought, should he be entitled to it.

WELSESLEY V. DUKE OF BEAUFORT.

The ATTORNEY-GENERAL objected to the hear,
big of this petition, presented by Mr. Wellesley, for
the confirmation of the Master's right, approving of
the Rev. Mr. Ebden to be the private tutor of his
children, on the ground that the hearing of the
appeal in the House of Lords was fixed for Thurs-
day week. He considered a discussion on the pre-
sent petition would be altogether superfluous.
The COURT saw no reason for delaying the pre-
sent discussion, the case being ripe for it; and in-
quired what the objections were to the prayer of the
petition.
The ATTORNEY-GENERAL, Mr. IlouNE, and Mr.
STEWART, appeared for the Misses Long, and stated
that their objection was not personally to Mr. Eb-
den, but founded on the situation of the parties.--
The Misses Long had had the care of the children
since their mother's death. Mr. Dawson was the
gentleman whom they had chosen for the office of
tutor, on the retirement of Mr. Pitman. Mr.
Ebden had been named by Mr. Wellesley, who,
during the vacations would have to reside with the
children, in the house of the Misses Long, which
might be extremely inconvenient, and by the confir-
mation of the Report, the removal of Mr. Dawson
would have to take place, and the children would
have to be subject to another change of their tuftyr
upon the hearing of the appeal in the House,
of Lords. Under these circumstances, they
contended that Mr. Dawson should either by
continued, or that the case should be referred bac!,
to the Master to review his report.

Mr. HoRNE, Mr. BROUGHAM, and Mr. BEANIES.,
were in support of the petition to confirm the re-
port. Mr. Dawson had been chosen about two
months ago by the ladies themselves, pending this
inquiry before the Master, to be the children':,
tutor; the other side admitted the indisputable cha-
racter of Mr. Ebden, as a gentleman in every re-
spect, and they had heard no ground whatever stated
on which the Court could be called to refuse the
prayer of their petition, which was a matter of
course, unless a case could be made out against it.

The LORD CHANCELLOR conceived that no such
case had been made out. He had no doubt of the
high character of Mr. Ebden, nor had he any fea►
that he would not make himself agreeable to the
ladies—(Laughter),---until all the questions in the
cause were finally disposed of, or as long
as he should remain tutor; and, therefore, he
felt it his duty to confirm the report. The
petition then prayeA, that Mr. Wellesley might
be at liberty to visit his children, and that
the allowance, which had been reported by the Mas-
ter, of 9201. annually for their maintenance, educa-
tion, &c. might be confirmed. The order giving leave
to Mr. Wellesley to visit the children should not be
made at present, and only the share of allow-
ance reported by the Master in which Mr. Ebde►;
was personally interested, such as his salary, sl►euld
be paid to him ; this concluded the discussion.

IN THE MATTER OF LORD PORTSMOUTH, A LUNATIC.

A Gentleman behind the bar applied for au order
of course in this matter, confirming the report of the
Master approving of the granting of certain leases
upon lives, by which the sum was to be raised for
the payment of the expences which had been incur-
red in this matter.—Order made.

VICE-CHANCELLOR'S COURT.
EX PARTS OLDFIELD.

It will be recollected, that some time since a pe-
tition was presented by the bankrupt, to supersede
the commission sued out against him by a person
named Miller, on the grounds that there was no
good petitioning creditor's debt. The circum-
stances of the case were altogether so extraordinary,
and the affidavits were so contradictory, as to render
it impossible for his Honour to reconcile the con-
flicting statements. Under these circumstances he
was pleased to direct an issue to the Court of
King's Bench, to try the validity of the peti-
tioning creditor's debt; and in order, if possible,
to come at the truth, he directed that the par-
ties themselves should be examined at the trial
as well as others, who according to the ordinary
rules of law would not be competent witnesses.
The trial took place at the last Kingston Assizes,
when the Jury found a verdict in favour of the
bankrupt Oldfield, thereby negativing Miller's claim.
Mr. BICKERSTETH now applied that the commis-
sion might be superseded, as a necessary consequence
of the verdict of the Jury. Notice of this applica-
tion had been given to the other side, and no one
appeared to oppose it. The Learned Gentleman
apprehended that Miller would not be foolish enough
to move for a new trial after the investigation which
the case had undergone before the Jury. The trial
lasted from uine o'clock in the morning until eight
in the evening.

An order for superseding the commission, unless
the petitioning creditor should within three ‘,1;,31
:show sufficient ground for suspending the °;der, was
then made.

The COURT then proceeded t 'near arguments hi
OnFi,low v. WymQt.

COURT OF COMMON PLEAS.
HAWKINS v. FINLAYSON.
This was an action brought by the Captain of the
barge Hope, against the defendant, who is Captain
and owner of the steam-vessel Superb, under the
following circumstances, as stated by Mr. Sergeant
BIMIPUS for the plaintiff.
The bargi, hope, was lying at anchor in the river
Avon, a little below Bristol, heavily laden with
stone, when the Superb, steam-vessel followed by
the George the Fourth, (another steam-vessel), in
coining up the river struck her across the stern,
•
and she immediately sunk. The plaintiff lost
his clothes in consequence, and was some time out
of employment, as were also three other sailors be-
longing to the Hope, and all of them brought ac-
tins against the defendant. The following facts
were then proved in evidence:—The barge was
lying across the stream, with her head to the wind,
there being no tide to swing her round. One of the
witnesses deposed, that when she. was struck, the
four seamen were thrown into deep water,
and must have been drowned, had he not
picked them upin his boat; that the George
the Fourth stopped, and assisted, but that
the Superb did not until she got to the Swash. It
also appeared that the defendant had actually paid

~.,.-~..

1401. to the owners of the -barge, which became
eventually a wreck.

Mr. Sergeant WILDE for the defendant said, that
the present actions were not thought of until some
months after the defendant had compromised with
the owners of the barge, and although repeated ap-
plication was made to the attorney, to know
the amount of damage claimed, it could never
be ascertained. He should prove however,
that the barge was never struck at all by
the steam-packet, but that a small boat alongside
was struck, and not the barge. The fact was, that
the barge lay in such a manner across the river, that
there Ntas no room to pass, and the Superb, in en.
deavouring to get by, actually took the ground,
having previously stopped her paddles. Finding
that she had grounded, she laid on her steam again,
and then it was that the barge was sunk by
the swell, being so overladen that the water MR over
her gunwhale. The Learned Sergeant then called
two witnesses, who swore that the barge never was
touched by the Superb ; but they would not swear
that there was no room to pass without either
touching the mud or the hate.
The CHIEF JUSTICE charged the Jury, that they
must find for the plaintiff, and they must not think:
that they were confined in their damages to the offer
of compensation which had been offered to be taken
by the plaintiff, provided he were not put to the
trouble of an action.
The Jury returned a verdict for the plaintiff—.
Damages 401.

A verdict was then taken by agreement in each
of the other two cases, with 16/. damages. The
fourth action had already been settled for 30‘7,.

COURT OF KING'S BENCH.
ULLOCK AND CO: V. REDELIEN,

Sir J. SCARLETT stated the case. The plaintiffs
were wine merchants, and the defendant a foreigner
residing at Lubeck. The plaintiffs purchased a
quantity of Pauliac wine from the defendant for
6231. is., for which a bill of exchange was given.
The defendant warranted the wine to be of the
finest Pauliac, and the plaintiffs now complained
that the wines were of a very inferior quality, and
that they had been deceived in the purchase. The
question for the jury was whether any warranty was
given, and if a warranty had been given, whether it
was complied with.
A letter was put in from the defendant, dated
Lubeck the 28th of April, 1825. The wine was
described as Pauliac of 1822, of the very finort
quality. The price was 16/. per hogshead.
Several witnesses were called to prove that the
wine was mixed, and of a very inferior quality.
After the wine had remained in the London
Docks for 14th months it was sold at a considerable
loss.

An attempt was made by the testimony of a
wine-cooper, to prove that the wine was good be-
fore it left Lubeck.
Lord TENTERDEN having summed up, the Jury
without hesitation, returned a verdict for (3.5!)/. 14si