The Sun.
London, England, 1818-08-15 00:00:00

ANO cH ER INQ[JLST.

On Thursday night there wa3 an Ill:rest held
at the Shepherd ►anti Shepherdess, City-road, on
the body of Catherine Nash, aged 36, the wife of
henry Nash, dealer in spice. whose death was
occasioued by a blow from her husband, who is
in custody.

Eliza flash, a girl about ten years old, stated,
-that she is the daughter of Henry Nash. Oa
Monday last they were all out on a visit, and did
not return until about twelve o'clock at night.,
when they bad supper, and went to bed. The
deceased got up to beat witness, and her (►vit-
ness's) father got up to prevent her being struck ;
he got between them,. and either by a blow or
push, he pitched the deceased down ; she fell
against the bedstead, and was very much hurt ;
she died on Wednesday morning.

A Surgeon, who examined the body of the de-
ceased, proved that her death was occasioned by
a tracture on the skull. Verdict, Manslaughter
against the husband.

Bow-STREET.--Yesterday being the day ap-
pointed for the examination of Lord Ranela,t'h
and his five/ servants, some interest was excited in
a number of persons to hear the inyestigation, the
charge being of an extraordinary nature, against a
Nobie Peer and 5 of bis servants, acting under his
direct ion,arrned with a double-barrelled gun,a pitch
fork, and Indian clubs, for assau!ting, detaining for
halt an hour, and obtaining is. for the release of
Mr, Wallace Hall, a Gentleman in the Law, Mr.
Le Gall, and two other Gentlemen, at the time
they had taken shelter from a violent storm a short
time since, under a tree at the back of Lord Rape-
lagh's grounds at Fulham. After waiting till two
o'clock, his Lordship not appearing, the Gentle-
men left the Office, stating that they should in-
dict his Lordship for the assan►t and obtaining
be seven shillings, at the ensuing Middl-sex Ses-
sions ; and as to the false imprisonment, they
should proceed by action.

•

'~ ilr,. .

'LAW INTELLIGENCE.

COURT OF CHANCERY, AUGUST 14.

DRURY-LANE THEATRE.

<Further Particulars of the Proceedings (1 yesterday.:
The Court was this d•iy, at an early hour
cro,vtled to excess.

Sir A. riGoTT, ri%ing to more for the
ot the 'ilium-thin, observed, that the
(a•k had heen placed on his shottlikrs, to move
the Conti to dissolve the Injunction which had
been obtained titZaillit the Sub•Ciiintnittee. re-
tlitin from opening the Theatre, and
also from eneaging uny l'ertoiiners whatsoever.

Sir S. ROM ILLY took an ohjec•ion to the cause
proceeding. on the ground that only three of the
Sub-Committee had given notice.
Sir A-. PIGOTT said, he had been informed that
Lord Yarmouth had resigned; his Lordship had,
boweyer, put in his bnswer, and as soon as the
proper officer arrived he would•be sworn.

Sir S. ItomiLLY stiti.witted, that Sir Arthii
l'igott might he itt po•s(ssion of facts containe,
hi that aus►ver, of which he (Sir Samuel) was un

aware.

Sir A. PIG°Tr had not seen it. lie had been
-informed that it contained nothing different from
the others, except the resignation of Lord Yar-
mouth. Mr. Walpole had also not put in his
answer, he. having also resigned, and being at
the present time without theinuisdietion of the
Cotqt ; nor was it, he believed, intended he should
tinder these circumstance,:.
After a conversation of some length, the ob-
jection was waved by Sir S. Romilly.
S.ir ART klutz PIGOTT did not feel himself much
pressed by the dilemma be had- been said to have
got into. Ile regretted, on behalf of his clients,
-that by the proposition laid down in this case, he
should lose the great assistance of the Gentlemen
who were with hint in the case. Ile had employ-
ed himself, since the case was last before the
Court, in looking over the Acts of Parliament.
. _

He had carefully Pet used the bill and the affidavit,
the only one filed in support of the plaintiff's
case, which had bees' made by Mr. G. H. Robins,
for no one else lord attempted to make one. In
looking into the Acts of Parliamew, he found
very material matters for his Lordship's consi-
eeration. lie had looked into the proceedings
of the Gentlemen of the Select Committee, who
bad taken on them many extraordinary acts and
powers, although be bad looked in vain for the
authority for their so doing. Amongst tine alle-
gations contained it, the affidavit, was one that
Mr. Robins and his 'co-partners were incumbents
find proprietors, and also Members of the Cor-
poration. This affidavit didotot contain itny alle-
gation that the opening of. the Theatre would be
injurious to the proprietors, it merely said it might
-be, in the concluding passage. It was therefore
merely presumed that this loss and injury would
take place by openiug the •Theatre. The 13.11
prayed for an account of the debts due to the per-
-formers and other persons, but it only prayed it
against the five defendants, and when he took
into consideration tine great number Of claimants,
and the affidavit of Mr. Robins, he must say the
present • WaS a most extraordinary case. The
prayer ought not to he against the five defendants,
bat against the Corporation, for they were in-
corporated by the Act of Parliament. The Bill
prayed that an order might issue to sell or wort-
gage a competent part of the Theatre for the pin.
poseof liqntidating the debts. Who could do this
but tire pet sons in whom it was vested ? This
Was the general body, for as a Corporation, in
them, and them alone, was that power vested, and
not in the live defendants. His Lordship was
prayed to take an account as betweett these Cur-
porators, the Special Committee and the Sub-Com-
mit tee, and in the mean time to restraint the latter
front opening tine Theatre pending that inquiry.
This was the most extraordinary occurrence that
ever took place in the memory of man, for by that
the position was laid down, that a Theatre with
-closed doors was in a better situation to get rid
Of its ineumbrances, constantly increasing, than
when it was (veil. What would be the effect of
closing tire Theatre ? Why, the corps dramatique
would be broken up, some would go to America,
some to Ireland, some abroad, some here and
some there, and it would he impossible to get
them together again. This was the remedy pro-
posed lef the Select Committee, that Committee
which had filed the present bill, and who wished
the Sub-Committee to resign their present situa-
tions, on the consideration of incapacity. This
was the sine qua non. The present was not a bill
filed by creditors,- it was a bill flied by eight cot•
porators who were not creditors, and were they
at their will and pleasure to bind up all the con-
tributors, all the old renters who had been enti-
tled to three shilling a night, but who had been
compounded with and cut down to one shilling
and sixpence a night and free admissions in pro-
portion to six shares. There were also the in-
cumbrancers, were they also to suffer ? By the
Act of Parliament it would be seen that certain
old renters were to have one shilling and three-
pence per night and free ddraissious; and that
when the new Theatre was built the same was to
be and remain as charges. Where were these
parties—had they ever been consulted ? It was
aaid that a debt of 80,000/. had been incurred,
out of which there were 40,000 bond debts, but
this debt was not incurred by tile present Sub-
Committee. By a clause in the Act of Parliament
power was given to sell and lease certain private
boxes ; this had been done, and for which
53.0001. had been received, which was to go in
liquidation of the principal sum (300,0001.) bor-
rowed. Where were those lessees had they con-
setae!, to shalt up the Theatre ? were they wade
parties ? Had they been asked if the doors of the
Theatre should be nailed up Unless the Court
would take upon itself to suspend tire Acts of the
Legislature, it had no more power than any other
Person to continue this Injunction, It had been
thrown out that the Sub-Committee was not va-

V.Thy, then, not apply 10 the Court of King's
? Why not mote for a quo warrant° against
and remove theta.—[The Learned
oileinan here Went into •the provisions of the
for 14 ppoiwing the Committee.]—lf any lin-
t io to. management had taken place, who had
the I;,:intitis to thank for it but themselves ?

. ,
ettet iirtie-iejen',:•2: •, ' ',7 ~ - ' ' ..' • '
Could' Strey
.not have ..rethetved them in tti-ee
inontlis ? The last season had been the most sue-
,ceasful of any preeedingi. and yet this was the
very time that the plaintiffs chose to make their
complaint. On looking at the slst clause of the
Act relative to Trustees, it weeld be found that
they were not removeable unless they ceased to
hold five shares. It was strange that the General
Committee, who held bet three shares each, ap-
pointed the Sub-Committee, who were teguired
to Amid five shares, so that they appointed the
Sub-Committee, notwithstanding they could not
fill the office thetesrlves, its they were only requir-
ed to hold three. Why was not the Duke of De-
vonshire made a parry to the present bill ; lie surely
might to have been ? The whole accounts were to
be taken against the defendants, for there were
no others to make defendants, as the Trustees
were indemnified against all Acts but their own.
In respect to patents, what answer would be given
if an application was made for another Theatre ?
IVhy, the usual one, that there were two already;
bet how could that be said when one of them was
closed? IVhat attetvion had this Select Commit
tee paid to this chcionstance ? le respect to the
allegation that tire debt had been incurred by the
-Sub-Committee, that was wholly denied by the
.answer, for it was explicitly sated that it was
due before they became Committee-men. This
was not like a canal; here the thing was este-
blisbed, with every thing to go on, and why
should it be stopped on an affidavit made by Mr.
G. H. Robins ? Sir Arthur then proceeded to
read extracts from Mr. Robins's affidavit, -and
eotement on them as they respectively arose. The
ease of the persons who would be thrown out by
chasing the Theatre should also be taken into
consideration, since to them such a proceeding
would be utter ruin. It had been propo,A.(l by the
Select Committee to raise a Certain sum to pay
ten shillings in the pound to the claimants, but
1 this was only to one part of them, and what, Inc
would ask, was to become of the other: It was
saie, the system should be altered. This brought
a little day-light with it. Was it meant that the
present Sub-Committee should alter their system
of management, or that they shoeld he turned
out of their situations ? The fact was, there was
some job in it that was not at present known.
What power had these Getolemee to pay certain
debts? how could they do that, when they could
not displace the old renters ? What right had the
Sub-Committee to tolerate for a moment itie pro-
position to give to George Colman, Esti, the
whole and sole command over the Theatre ? He
might be the most eligible person for such a trust,
but yet the Committee had no tight to commit the
expenditure into the hands of one man, when the
Legislature had expressly said it should he vested
in the hands of a Courtnittee. It hekd been said
that great difficulty prevailed in obtaining goods
for the Theatre from tradesmen ; that charge did
net apply to the five defendants, who were wholly -
blatneless. - The arrangement respecting the ten
shillings in the pound had been come to on the

express contlitioi; that the Theatre should not

open till the money had been and the pre-
sent Sub-Counnittee had resigned, except Lord
Yarmouth. What right had the Select Commit-
tee to enter into any such a contract ? If they
Went to the Legislature for an Act of Parliament,
it any defect appeared in it, they should again
piq to the Legislature for relief; they had no
right in the Court of Chancery. One thousand
pounds was all that was wanting to open the
Theatre, and the defendants had offered to ad-
vance it. The Act of Parliament had directed

that the Sub• Committee should he approved of
by the gener3l Meeting ; that had been the case,
for no new one had been formed ; the present was
merelybadditions made on vacancies occurring.
[low then cotild it be said that the present was
tipt a vali►! Committee?

The Loan CnsNcELLoa said there was an ex-
press clause in the act, that the Committee, when
first appointed at-eapproved uf, should be invest-

the managernent.
Sir A. l'inoTT proceeded at great length.—
The pliintiffs' shares only amounted to 401. while

those of the five defendants amouuted to 901. atu
why were they to be removed when there was noi
one specific charge brought against them. Ail

that %vas said was, that they ‘vere generally and
universally complained of. MI the allegations in
the bill were denied by the answer. If it was
intended to overhaul the management, the whole
of the Sub. Committee's predecessors ought to
have been brought forward to answer for their
conduct. Mr. P. Moore, at the commencement
of the last season, advanced 10001. to enable the
Theatre to open ; a like sum was now ready, and
could the Court say it should be kept shut ? It
was tine, there were debts on it, hut that was no
reason.theyshoold not have an opportnuity of liqui-
dating them. Would the Court say that the Select

Committee should lock up the Theatre, disperse the
performers ,and cut up the concern root and branch,
because they were a little embarrassed ? He
trusted he should not have to address his Lordship
in reply, to induce him to open the Theatre, or
rather to suspend this extraordinary injunction.
He reminded 1113 Lordship that though the House

was shut, the rent to the Duke of Bedford was

still going on ; the taxes proceeded ; the interest
_ .

on the bonds Aceuninkted ; the interest on 37501.

per annum for eighty years Was going on, and
nothing coming in to liquidate all those charges.

The losi the holders of private boxes would sustain ;

tl►e ruin that would becntailed on the poorer class

of persons about the Theatre ; and the salaries of
those persons who must of necessity attend, 41-
though the house were shut, were among the *sign-

ments used to induce his Lordship to dissnlye the
and with which the Learned Gentleman

concluded a speech of two hours' duration.
SFr S, RomiLLY hoped he should nor take up
much of his Lordship's time. Ilk Learned Fricod

had had an extremely difficult task to pertortu,
and he had p►oved that he needed no acquisition
of strength, for there had been as large a portion

of time expended as thoo4h the whole three had
been heard. He strongly :leprecated the asperity
with which this case had been conducted, and the

artful manner, he must say, in which it had been
argued. Had the objection relative to the want
of parties been persevered in, it would only have

delayed the hearing ►ill to-morrow. The case
roust be taken to be now argued de retie esse, and,

iii his opinion, its merits lay in a very narrow'

'etlsp.a,ss. The ease heen 11.'4 es 0/.7,14 YrO!
oletors against live: This was not the fact, for
it was s bill filed for carrying into effect an opt`
'llion expressed by a great body of Proprietors
at a general meeting. In fact, it would be itn-
' possible to bring all the parties before the
Court, as from death, abatement, and all other
causes, the question might never be brought to
a conclusion. There was no Act .of 'Parliament
that prevented a few persons coming before- the
Court in behalf of A great number of persons with
their expressed wish. He did not•knOW why,the
names of Messrs. Cocker and Ellice were so par-
ticularly brought before the Court, for he had
never heard that Gentlemen of the profession had
ever come before it in any other situation than
other persons. He had heard of a story which
happened many years ago on the Wtleb Circuit,
where the Jury were all klrelshmen, in which it
was said, on coming to a name in the paper of
causes, " Oh ! we'll take this, it can't take long,
for I shall tell the Jury the plaintiff is a rich
attorney, and the defendant a poor widow, when
they will soon dispose of it. He did not know
it his Learned Friend was of his opinion, but he
must.deprecate the insidious way in which Messrs.
Ellice and Cocker had been mentioned.-.--
Sir Arthur Pigott had designated this-WI a I 11011•
stroos case, and that it was unnecessary to say
any thing further on it. He did not mean to
throw the slightest insinuation on the Sub-Com-
mittee, whom it was possible might be possessed
of talen's to sway Empires, but he must say they
were not fit to hold. the reins of Theatrical Govern-
ment, for they tvotild bring nothing bat min on
Hie concern, if t ht. blew teas not averted by shut-
ting tip the Theatre. One fact was, his Learned
Fiend did not like a change of administration.
co turn out an administration was not always so
rointottable a job as some persons supposed, and
in (ids case the Seket Committee was trot biassed
by gain, tor they acted voluntarily and without
reward. If their object was to turn out the pre-
Alen( Theatrical Administration, and get in them-
st-Ives, it could not be for the love of power, but
to avert the ruin pending over them. It had been
described as a secret job, and this was the whole
of the clse—they wished. to save themselves:.ftom
ruin.

The LORD CHAN tELLOR.—The great seal is- in
the hands of the live. •
Mr:PETEn Mnoas.—No, my Lord, they have
no powee.
Sir SAMUEL ROMILLY.—The keeper of the 'con-
science is the second named defendant. •
SicARTHU It PI GOTT.—fle cannot act, my Lard.
[litre the Court, the most crowded ever wit-
nessed, burst out into a hearty laugh, his Lordship
himself being unable to maintain his gravity.]
-Sir. SAMUEL proceeded.—'rite words in. the afa.
davit were, " will" and " may" be the -rain of
the Proprietors, if the Committee are suffered...to
open_ the Theatre.
This was denied, it being contended that it was

only.'' may."
The LORD CHANCELLOR.—The affidavit banded
up to me has the words will and may in three
different places.
Sir SAMUEL proceeded—The debts bad increased
under the present administration ; it was there-
fore better to pot an end to it altogether, than let
the ruin go on increasing, for the time must come
when an end must be put to it, and it ought to be
done before fresh contracts and expellees to a
much greater amount bad been incurred. The
present reminded him of a plot to overturn a Go-
vernment with a treasury of 171.--(Laughter
The 10001. that bad been advanced had never
come back, but many bad gone after it, which
would he the case again if the Theatre was open-'
ed. It they could find a good--natured creditor
who would s►op till best suited him, and then
come and sweep every thing away by an execution;
and after this, if they could find a good-natured
public who would go to see the performers in their
common clothes, wit hoot gardens, trees, &c.
usually exhibited, it might be very well to open
the '!'heat re ; but till that could be done it was
folly to think of opening it. If by the arrangement
of the Select Committee the most pressing debts
could he got rid of, the Theatre might agnin go
on. The opinion that appeared so monstrous to
Sir Arthur Pigott was held by the great majority
of 50 Proprietors out of two hundred. The Sub-
Committee acted by mere sufferance.
The LORD CnasicEeeckar-What has been the
practice under the Act ?
Sir A. Pit/OTT—There has been no objection
matte till this Kill was filed.
The Loon CHANCELLOR Said, that lie should
read over the Acts very carefully. He thought the
specification agreed to before the (louse of Lund&
was, that Drury-lane Theatre Should never come
into the Coon of Chancery.
After much argument, in the course of which,
Sir SAMUEL ironically aNsimilated ►he persons in
office in the Theatre to the great Officers of State,
be said that Mr. -Lamb, who had been one of the
Committee, had now become a plaintiff against
then,. Sir Arthur was very much surprised at its
being wished to place the whole management in
one person's hands, but a proposition to that ef-
fect had been made by his clients. Oae person
had the management of the other Theatre, and
under his guidance it prospered. This case was
the same as that of a canal which bad been stopped
for the want of funds, for that was the very case
here. It eras not just that ;be Proprietors should
be losing 80001. a year to support Else Performers,
when they had already lost so much. Au appeal
one:lit to be made to the public, whom they had
delighted, in their behalf. After a very able ar-
gument, of which the above is butt brief sketch,
Sir SAM vet, concluded by submitting, that as the
Court was justified in granting the injunction, so
it was in maintaining it.
Sir A. l'inoTT made a most able reply, and
concluded by submitting that the injunction
should be dissolved.
The Loan CHANCELLOR Said he would, if pos-
sible, look into the Acts of Parliament and the
Bill itself this evening, and in that event. give
judgment to-morrow ; but if he could not do
that, be would on Monday give his opinion. His
Lordship noticed the vat ions objections, particu-
larly the following respect to the want of
patties, the great evil was the getting so many to-
gether at the same time. Looking at the claim
of the bout-holders, his Lordship did hold au

,tio
topinion that tiler ()tight hi tie ?nab para.,--„', cti
that his Lordsliip ought not to coot js''
disSOlve this • Injunction without ri°6ce,ioi
ing ser7ed on them. AnOtlier birStacie 'OO
if the p'e;;lotonert entered into anY,ABgrld,
merit syfth Sub-CoMmittee, Won:" ll,
he able to recovet• Against the torpOrattel!;erei
they were not authoriied tip act, and had ei,""bef
into any contracts, Lord-ship thoughto,
would be personally liable. if they were o°` 014
thorized his Lordship doubted whether be °ofr
enjoin them, being persons not empowered to
On the other hand, a question would arise, Ist of
Cher they were or were not to be held es Par"
the Corporasion. Ills Lordship felt greet or
citity in reading over the Act to find witetuesal
nor the Committee could be appointed in hiof
other manner or time than specified itr thw&
Act of Parliament. His Lordship d'utvir
whether or not the Coiporatirin had lOst
Charter by shutting up the house. sot'
principle oti which the Court genetaill
ed in such cases as the present was, vglie.che
could prevent irremediable mischief. JO e°llii(iti
his Lordship observed, that the CorPrsfrola
claimed the right to restrain other parties Tito
obtaining a licence, but it would be a quesre.
how far they could claim that right when titer.,
fused to keep open their own. lie would, I►°
ever, communicate hid opinion on, Moods/
farthest.
The Hall Was never seen so crowded 11131°"
former occasion, as it was during the diseliss';"
°.11(0
above motion. Lord 'Yarmouth virs ,Pt—,.lo
at an early boor, as were also Mr. P. oore,
roo
\Wilson, Alderman Cox, and r'lr. ktobi"s'
motion occopied five hours.

•
Tllt BOHM N.—The Epita At of JOHN
of Milnrow, a Schoolmaster, two miles ' -
11°,0
liochdale, in Lancashire, and MARY his wife
died
died July 14th, 1786, aged years ; "be 111111
June 4th, 178 Q,
, A ,"g;:i 63 years. Buried -hi o I
grave in I.l.T.i.o.o.ate;LAturch-yard.--N,
better known by the name of- Tim tObblib
verote.the original Lancashire Dialect, anililek,
printed. He was. a great lover.of Ram
and his 'wife MARY of strong Tea

,
" Uri John, and with him Mary,
- Cheek by jowl, and neyth. vary;
No wonder that they so agrce—
„,
—J
ohn Wants no Pititeh, and Moil no 265*
sox;
(A True Copy.) • - Tour's, &c. '
London, August 1318. i

011
' Arrniiiiii'Stii6lDe.---;At an early ".1/irtibfr
Thursday 'niorning, as three gentlemeni inii;ver'.
tauts of _lslington, were passing the New'74ei'
head, [boil' attention, was arrested by a 116,•;. ga,
the water. On going to the spot; they licr,':11:0".
a female struggling on the s„rt.„„, as it oeroti
been kept : afloat by her clothes.' Thei i".11;10
d iately. got lier . out, Jim} ea flied Wei, ' to die „„,e,
' Coat Boy, Gostrell-street-road, where Pr" id
assistance was rendered: -On recoverY, Oeotl•
into a flood, of tears, and after some time eisPot ;
related that her mother lived:in Barth°l°ll
close ; . that her fat her wat? (teed, and COasEtt
she was kept at service ; that u
' she is no.r- ',or
years old, and that her mistress used her ie
great cruelty, but still her Mother nould o('r!`o4.
r.e.c iit
t.,
mit her to leave her place. On the p
night she went to Sadler's IVells, and
yo.boo
too late to go home ; that she wandereidleo
the fields, till at length she formed the--,,nt IP°
resolution of self-destruction. She was r'' '
_ .
to her mother's reaidence.

n
A return match of Cricket Was player{-bilt;eef;
nington Common on Wednesday last' e'
'1;
the ot
Gentlemen of the Saturday's e-"IrC)
club, and the Gentlemen of the Blackheath e
when the latter Gentlemen won easy' late
llird the
rieket,• to go down when they were dec.-
‘y. ipner s.