The Sun.
London, England, 1818-01-12 00:00:00

:?.' THE -SUN.

• - •
EDrron,Ll be Wave to state my itlea3 on
a subject which', in my t>pinion; Will be attended
with great dk,advan• ages to the Larded Interest,
and particularly 'to' the rainier; on -Whote lands
there is Oak 'timber. I tinders6nA that the
~oniniissioners of hiS ithiesq's Navy htive come
to a resolntioh of not prrehasing any English
Oak Timber tOr the use of theNavir that is not
felled in the. tomoh of Novettitier; I Will first
prove the ittjuilr thtit will he sUstained by the
adoption of this plan tip the •Fartite`rA; And then
endeavour to shew that no gOOil will be derived to
the Public fi=roti the timber SO FiasT,
with regard to the lost that tviil. he stistained Gy•
the Farmer on Whose lanil the Timber, grows.
The 'usual time 'of telling Oak Thither is inve7.
riably in the latter end of -March and all April, a
fortnight sooner or la:er, as the Sprinz, is early or
late; that being the only tinie the bark can be
got off, which is a very valuable part, iit.the•
Tintbei.. The usual ciistoin where Timber grows
on wheat land is to fell the tiees,• Strip the hark,
and cut off the tOpS anti -cai•ry them off tke land
inuttediately,;and.tet the trees rental!) till after
harvest,', whist► cuStoth is as little injurious .to•the
• Farmer as possible ; bitt it, ticcortlito4 to the pro-.
moters the nett/plan, the bat: Only to b'e

stripped at that tithe, and the tree left standing
till November; when the,youria V6heats are arriirr
coming forward, and the Farmer must be subj,cl
the Timber Merchant coming a .second ti6e
upon his land
,to fell and carry off the Timber,
very great injury will arise to the young wheats,
as well as to the land ; but by carting the Tirnber.
immediately after the harvest; when the land is dry,

no injury would be done to the Farmer. SECONDLY.
Iconceive that the promoters of the saw plan will
not derive that benefit which they expect; vii.
the seasoning of the Timber, standing for the
intent, as they suppose, of preventing the dry•rot.
They contend that Timber cut in springy retains
all the juices after it is felled, which it would not
do if the bark only was' taken off in the spring
and the tree left standing, which reasoning is not
clear to me unless they undertake to prove that
after the bark is off the juices return down
again into the earth ; it that is not proved no
possible good can be obtained, as the tree is
stopped:in its vegetation when the bark is gone,
and to a certainty will the ; therefore whether it is
left standing or cut down, is quite imtnaterial ;
but I contend that a tree cut down in April will
be mare seasoned titan one left standing till No-
vember, for every person who has been in the
habit of seeing Timber felled, must have observed
how much the juices run out of the butt of the
tree immediately it is down ; which•consequently
must remain in the tree if left standing. I have
►io doubt but the Timber set in April, and then
sided, will be much more seasoned than if left
standing till Noven►her. The above opinions are
derived from 35 years practical experience in the
convert ion of Oak Timber,
• Reading, January 2

A. LANDOWNER,.

CORN-EXCHANdB, JAN. 12.—We had a toirra.
ble good supply of Wheat this morning from Es-
sex and Kent, fine samples of which sold at a de-
cline of from 3i. to 4s. per quarter, and tor.infe-
rior. there was scarcely any damand ; Fine Barley.
is in demand, and front 2s. to 3s. per quarter
dearer ; Malt supports its price ; Fine Oats sold
on the same tetras as this day week, but Ordinary
was dull ; Grey Pease support their price ; Boil-
ing Pease and Beans at our last. quoted prices. .

KING'S THEATRE.—We have already given
COpiOOS account of the improvement in the inte-
rior of this place, its decorations, &c.i-aod we
have now only time to state, that it opened on
Saturday with the Opera of Griselda. The he-
roine of the piece. was Madame Fonoa, who first
appeared in that character in this country. The
piece was altogether well receivt d, and Madame
FoDon lost none of her accustomed favour. A
• new Ballet followed, retins,et Facie, which was
at least full as intelligible as must compositions of
the same kind. There was a new Corps of
Dancers, but none appeared of pre-eadnent
WEICFISELL, displayed all, his usual skill as a
Leader, and the Band all their usual correctness.
The house was so well attended, as to promise a
flourishing season. •
THE PRINCESS CHARLOTTE.—It is in the highest
degree consoling to us, we cannot use the word
gratifying in any sense under so heavy a loss, to
find that so far trom any abatement of national re-
gret, or interest in any thing that relates to this
beloved Princess, that interest seems to be as
strong as when the Empire was deprived of all its
hopes on the melancholy. occasion. This most
laudable reverence for her virtues, and regard to
her memory, has been strikingly manifested in the •
extraordinary demand which has been made for
the Prints from CHALON'S:" whole-length Portraits
of the Princess CHARLOTTE and hince LEOPOLD,
SO flinch, that six plates of each Print have been
worn ont, and the demand is still so great, that
two more of both are now in preparation.
ST. NEOTTS:—We mentioned the indecent
manner in which a Disenting Minister- of this
place spoke of. our late beloved Princess, on the
-melancholy day of her interment, when be de-
dared from the pulpit that those who expected
a sermon on the occasion would be disappointed.,
as he knew nothing about her, she might be good
or she Might be bad, but she should receive no,
notice from him in that place, or words to that
effect. The people of the town were so indig-
oant,,that they manifested their, contempt of his
unfeeling churlishness, by burning him in elegy,
ice wish we could add, that such a brutal in-
difference to the general feelings Of the Empire
has induced many Of Iris flock to be equally negli-
gent of the future instructions of a Pastor so
careless of the feelings of every humane and loyal
"rind.

;The .Right. lion, CHARLES AIiBUTHNOT and
lady arrived last night in Dowiiing-street IrOra
Northampton.

o E 'r r; sr.

. ,
PROTESTANTS AND CATHOLICS*.

3efin-e7s7tioirkils, when aCGtSTi S reign'd,,
Men bow'd tine knee; the Jews 'alone. retain'd;
.The one tree God; made guardians of his word;
But more in form than Spirit they adoed:
Al that appointed time. of Virgin horn,
Christ sprung from David, came to bear man's scorn;
Angels annotmed him ; by a new Star,led,
The Magi found him in his inang,r-,-A
All.mark'd him crone,' whciin Prop'orts had foretold; • '
And God from Heav'n hatietan•his Son
Life, ,doett•ine, miracles his Truth c;tolain'd, .
:Yet impfnus man the heavenly King disdain'd
•
Crown'd with sharp thorns, he died; the cross hisibrone;
And bless'd his murdertis with his dying groan ;
Then the third dtt, o'ereomiagDeath,arose
4nd brought his work of mercy to a close.
Jonas replac'd, the twelve with chosen Pant,,,
Proclaim'd Salvation, through Christ's death, to all,
gentile and :Jew, who penitent .belicv'd.
Many with joy the Gospel Truths receiv'd;
But more, and those the great on earth, denied,
Paul, and the twelve, save Jonti„ by murder turd ;
gild to hare fought the fight and won the race,
Learing to us the records of God's grace
The good seed sown by them quick spread and grew;
Europe's chief part redeeining love soon knew ;
'But freed from Persecutions, men becaMe
Relaz'd, corrupt, and Christians but in name;
Forgetting that, in Christ lay all their hope,
A human Will they sit up—THE,PorE.
He ;lir o'er earthly more than heavenly things
Claim'd.Power to pardon sins,,and uncrown Kings;
Lanuch'd Bulls, Decrees, and Excommunications;
Sold Sin-indulgeociei and DispensatiOris;
Massei PreScrib'd, Confessions, Absolutions;
Saint-worship, Penances, Monks, PersecntiOnS ;
Obcy'd by zealots, taught that the sole way
To Heav'n through him and his corruptions lay i
till a brave few from Itthargy awl ke;
And all the bonds of Sit i;erstition broke.
Guided by Setijiture light the way they lead
The glo'riou's sunshine bright and brighter spread;
When LUTHER, CALVIN, t'lllteS for veneration—
With mild MELANcTuotu fix'd the Reformation.
Soon Britain's isle for such a 'change prepar'd,
In its soul-raising privileges shar'd ;
By CRANMER,,RIDLEY, LATIMER, and KNO74
Led, on, she bore up firm against all shocks;
Till past the bigot and licentious reign.
LmAm made Popish machinations vain;
Church and State; and since secur'd to all
Freedom, religious and political.
But now to blessings we so long have known
We all, alas ! insensible are grown
Those blessings which our Ancestors have won,
By dauntless faith and deeds of glory done,
We would fOrego,--and make their efforts vain,
By setting up Rome's Dagon once again;
lirg'd on by Pity and false sense of Right,
Which artful men are striving to excite.
" Why should the Catholics,"—they argue thus--s
" Feel disabilities unknown to us ?
" They are as good, as brave, as wise as we,
" Then let them be in all respects as free."
What! gire,men pOwer, who think there's no salvation
But in their church ! all else must meet damnation!
With whom 'tis duty, if persuasion fail,
force conversing by stripes, pOnance, jail ;
To stretch the Htretics on glowing coals,
And &urn their bodies tO -preserve their souls !
If hence three centuries we retrace in years',
Blood then gave proof—these arc not empty fears;
Nearer our times, and scarce two centuries since;
They strove to murder Parliament and Prince;
And nearer still; not sparing sex or age,
They thousands massacred with savage rage,
Boasting as they o'er mangled bodies trod,
They did a work acceptable to Goti :
Still nearer yet, intiam'd with Popish zeal, •
They would have pin ng'd in Wi wass's breast the steel;
Nay, more—a MONUMENT of CONFLAGRATION
Stands in the Capital to warn the nation ;
May it for some good purpose meet the eyes,
Tho' Popish POFE may tell us that it lies! .
" But crimes," say they, "long past need not alarm;
" Now they have not the power or will to harm;
"And are in charity with heretics."
If so—'tis well—hut call them Catholics
No more; they are become sf sanermind,
And have the tenets of their church resigli'd.
But passing this, they have not vainly pleaded ; .
All that they a,lt'd and wisli'd has been c-nceded; 2
Save that the King -a power of Veto claim'd
Against the Bishops, whom themselves had nam'd;
And this, as head of Church as well as State,
His Royal dignity could not abate.
Yet would they not, with this sole limitation,
Take in all else a free emancipation.
What would they wish for, in the name of sense?
To bring again the days of PETER'S Pence ?
Britain pay tribute ! would they have it so ?
' Monarchs crowd to kiss the Holy Toe ?
Forbid it Heaven that Britain so degraded,
Should see her Church o'erthrown,,her laurels faded!
No—may she rather, by past ages taught,
Guard Church and King as firmly as she ought!
Nor e'er remove those just and wise restraints
Which keep in check the Worshippers of Saints ;
By whom, save power they always rnisemploy'd,
We withoutstint all other things enjoy'd. •
-The Dyke is built—let not the sea o'erflow;
The Bear is muzzled—let us keep him so.
PHILECCLESIAST.

The word Catholics is here taken in its vulgar sense-as
applied to the ftillowers of the Church of Rome and its su-
perstitions, and not in that true and original signification in
which we express our belief in the " Poly Catholic Church,"
by which is meant that universal Church, for the estz.blish-
went of which we look forward in firm faith and joyful hope.

We are happy to learn that the Rvv. FtiE-
DERICK iRFMONGER has been appointed oar 01
the Prvbendaries of Winchrster—as tt wore ay-
live, firm, and intelligent friend to the new system
of education does not exist.

tr s

ATnit.

COURT ~Mit,llT; AL; • • ..• • :
I Horse Grord!r- 61i,farmary, TPI9.,
At a Generll Coati Alartial, held ata.t c be.R./yar
Barracks, in bohlini nit the 21st Oct. an:l
coittiotteq by; aajoosilfncilt.,:b .Si'll ~f the
nicmth, Cap,aitv Peter Moyle, jonA, Brad,.
bridge, anti Edward Detail, at the Bth, (or King s).
Regintent of Foot, were art at upon the nu-
:
itierinelitittnett , I 'a:rgesiviz.,,;—•.; .
Ist, " For.cominct subVersive of nilitaxy, Discipline, :itl
ordering., on the 17th September last, their Pay Sericants not
to receive, and prohibiting ,their Companiesfrerm rt-ceiving,
the Breml, which halt beets vrovided,
.13y, order of the Coot-mantling Otpc'er for th 2 ,use of those Companies, tinder a
Contract inaire•by him for supplying the Regiment with Bread
from. 9.5 t is,-Atigust to the 24th Senteonber, . . .
•2nd. "For endeavouring to subvert ~,and for acting. in open
viol3!ion.of, the Authority of tkeir Commanding Officer, on
the morning of the. 170. t.f &Tien:they fast, in .I • acing caused
13read to be 4)rotight into the Isairacjis which Ivo been. pre-
Viedsly sent oat ot it ,by the• Commanding, Otlicer, and in.
,cansing, the samolo bra issued to, their respective Companies,
contrary to the arrang'9lent adopted. by the Commanding'
Officer for the suppl'yitig of the Regiment with Bread by
Contract. . •. ••. .• . • • .

" For conduct highly irregular and upofficer-like,ana
in Oulotion of th Djscipline,ol.the Army, in calling ou
Quarter-MasterAiernan on,tho September last, acid-or-
deiing,him not tit issue Bread to their resin:salve Companies
under the existiug,Contract,."
Upon which Ul • iges the Court came to the tol-
1. • ,•
lovvint,
.13ecWiOn
The Court taking into their serious consideration all the
evidence beftre tlieni,, and the matters urged ott the part
fig tlueprosecution,. and .by the prisoners, in their defence,
do find
,the prismiers„Qaptains Peter ,Moyle, John Biad-
brid e,.anll Edward Davis, Gqill m of the (Thares as above
preferred against then,, and do therefore adjudge and senr
tetice. that the prisoners,
,Captains Pe,ter,Moyle, John Brad-
bridge, and F.dward Dav;s,sh ill be cesitieeed."
,
The Prince Regent, ha,s been; pleas.ed; in the

name and o'n the behalf of hiS Majesty, to 4-
.
prove and confirm the nndint suit sentence of•the

Court.

HiS Royal. ,121ig,hoeSs into consideration,
however, that although the insubordination which
has marked the cbodoct Of the prisoners; by tun,:
lug hi a manner coUspire(! to subvek the orders
and arrangements of their CommanditigOfficer;
appear to justify the sentence of the Court; Yet
a reference.to.theireicemplury characters, and ti.).

lie recomniewlatiott of the Court in Their. behalf,

7 •
rindi
n that of Captain Moyle in particular,
pearing to sanction theexe-reise of a lenient dis-
position, in mitigation of their sentence,
Royal highness has Weep most graciously pleased
to command tbattaptain Modewhose farour
the recothin'eiitlation of the Court makes a distinc-
tion, shall be restored to the Inociioni of hit's-
COmMission, with a severe reprimand and admo-
nition to be more ciiContspect in his lottsra con-
do. t, with reference to the Orders of hiS

matiding Officer ; and that Captains BradbriAlge
and Davis shall be resttired to their ctiinnaiisiotiS,
‘..,t11 the view of being pta'ced u iota
the hhif-pay of the same.
Tire Colmnandei•-in-thief directs, that tfie

foregoing Charges preferred against CPlfi►'tr+in4
Peter Moyle, John Bradbridgi., and lEot‘viitil
.Davis, of 'lie S;h (or Icing') RegiMent of Foot,
together with the. Finding and S-triterice of the
Court, and the t'rince Regent's :pleasure thereon,
shall be enteted in the Genci.al Orthr Bciok, and
lead at the head of every Regiment in his Ma..
jesty's Service;
By Contniand 'of his Royal ilighneSs
The Commander- in -Ch
11ARRY ,

Tler , it it skid, phsi.porre ir'et vi-
sit to the Pavilioo until the arrival of tlii;.ll,dieof
CAMBRIDGE froth'ilanover..

JAN. 9.—Ever since the resijenee
of the PRIN'aE RWGENT at the P,Vilinn, ‘vhich
now C'YeEl weeks; hl4 Royal Uighur's% has ah-
staintd from the gratification of the scientific pet-
formances'bf'his private band of musicians ; mid
it was nOt 'mill yesterday evening that the Prince
Regent was induced to participme in the enjoy-
ment of a Concert of Sacred Music. Among the
miacellaneou's piece's, the, llallel,;jah Chorus was
exquisitely performed. His Royal flightless was
occasionally present, and was much gratified with
the musical melange.

Saturday; about 12 o'clock, the pulte of Font.
left York-house, St. James's Palace, in his tra-
velling carriage,, for Windsor, after having trans-
acted mi!itary busifiess ‘vitti Sir II elgitY TORRENS,
tiffs Military Secretary. • His Royal Highness, af-
ter paying his respects to his Royal Mother and
Sisters at \Vindsor, proceeded to his_seat. at Oat-
lands, where an entertainment was given to..a
nu-
nierous party. The Dillies Staff and other:. per-
sonages were present. Ti Dinhess distributed
her Christmas-b Oxes to tire children and persOrs
who partake of her bounty, and were regaled with
good cheer.
On Friday a Meeting of all the Cabinet Minis-
ters in town 'took plate with the Earl of LIVER-
POOL and the CHANCELLOR Of this EXCHEQUER.
The Earl of LI v ererooL came to town from Combe
Woodi.for the express purpose of attending the
meeting ; and. in the evening; after its breaking
up, which took place between three and four
o'clock, the Noble Earl returned to Combe_ Wood.
The CHANCELLOR Of the EXCHEQUER, after at-
tending tbe,.meeting, left town goon after four
o'clock. -• • • •

The Rustritiri gqnadron, which put into Pors-
merttlron the-21st ult. is detained at Spithead by
contrary winds. Mr.I.3tYRN is to take the sh!ps
on in *charge to,Cadiz, and return with the trans-
ports, having their crews on board. They wilt
sail the moment the wind Will permit.
The Chapel -Royal in St. James's Palace bag
been undergoing a thorough repair,and the Roval
Cloiet has been most splendidly fitted up. The
whole is nearly finished, and it is to be re. opened
for Divine Service on. the Ist day of February.
FUNERAL (' HOOPER.—Yesterday the body of
the late John' Hooper, acquitted some months
since upon a charge of high treason, was con,
veyed ttom the premises of a window-blind maker
and undertaker in the New Cut,- Mad:friars'
Road, for interment, in the burial-ground of St.
Dunstan Stepney, near the remains of -Cashman,
the mariner, executed as one of the Spa-fieldi
riottrs. The body was exposed during the lost
week to all curious spectators, and about half.
past two o'clock yesterday the funeral" train pro-
ceeded on their way to Stepney, surrounded by a
:ornerons mob. Preston, Thistlewod, and War..
son followed the coffin (*carried on•men's should.
er.) as chief mourners. The followers iu mo
ing cloaks-were about forty.

amlideor

LAW IN 1 ELLIGENCE.

SHERIFF'S COURT, SATURDAY, JAN. 10.

OPEIL4- HOUSE.

AYHTON V. WATERS.

Mr WILD Staled, tl% it the lalaintiff was Win.
A y,ion, Foci and the defendant Edward Waters,
Ehq oeelaration was fur 1200/. for work
and Idboor. The defendant had suffered judg-
ment by default, and the Jury nem. impannelled
to ascertain the thintages.
Mr. SCARLETT. in a very eloquent speech, ad-
dre..sed the July. He attended, lie said, OT) be-
half of a Gc;,tlentan whose name was of high ce-

lehrity in the musical et 00c1. The plaintiff Was
the on of Dr. Ayrton, an eminent pro!essor, and
many years Master of his Majesty's Chapel. He
tic! br.ught up his son, the Plaintiff, to the same
profession, lie had given him a libcral education,
and had rendered him. fit to 'engage in any situa-
tion, or associate,in auy'spciety. The defendant
was a Gentleman extremely known—almost
as t'. C.l known in Cools 'ot Justice as the King's
Theatre iisclf, in conseqUence of the contests in

vbick he had beet) env,aged with Mr. Taylor, the
„ ,
former proprietor, iheonject of the present in
(pity was to ascerta4l what sum of money was
reasonably to be paid to the plaintiff for the la-
bour, assiduity, and skill he had bestowed in the
coi,ecins of Alt-. Waters, in the musical depart-
ment of the Opera:house last season, and for
other services, which, though not falling under
that class, had been tendered by theplitintiff for

the defendant. Mr. Waters, by suffering judg-
ment by default, had admitted an engagement of
a pecuniary nature with the plaintiff, and that
something was due to him, but as he had never
offered to pay any sum of money, or, till the
esent. action. was brought, admitted that the
plaintiff had any claim upon him, Mr. Ayrton
wu-s thrown under. the difficulty of having to
re 'lke out the amount of his title to remuneration.
It was a difficulty he should overcome, and he
harLoo doubt of receiving a coMpeasation com-
rneusurate u ith the advantages alr. Waters had
deliverl from his assistance. It had been under-
btood, in point of honour, that whatever had been
the success of the Opera under the direction of the
plaintiff last season., his services were to have
been liberally rewarded. Had it failed, he would
aril' have been entitled to have heen remunerated;
but it would he proved that the Italian Opera
had last season been attended with the
.greatest
success ; that it had been more,prosperous than it
lead been for malty years, and that this was- at-
tributable to the assistance of the plaintiff. .If
Mr Waters, forgetting the debt of gratitude,.bad
cloe.eo to say to the plaintiff, " You stated the
ettiairourn which you would consent to, receive,
8141 there it is for you," this action would never
have bet ii brought ; but Mr. Waters had denied
liability, except by allowing judgment by de-
fault, and now he hoped to reduce the sum to
the lowest coroyensation The contest between
him and- his learned friend this day, would be
what the services of the plaintiff were worth,
what advantage the defendant had derived, and
what he ought to r, a y 'for those services.—
He would here observe, that the Italian Opera
had for many years been unproductive. To those
ho ftequelited the Italian._ Opera it was well
knowu that, on former occasions,. it was stitii-
clew if the Manager exhibited one singer, male
or female, in a season, whose attractions were
:efficient to dratv the attention of the audi-
ence; but all propriety in gettiog up the drama
fur theatiical representation was thrown in the
back ;Jou d, in order to render more prominent
the particular person engaged as principal singer.
In the event of the singer so engaged failing in
producing the effect expected, there were also en-
gaged in a season two new principal dancers to.
perform in the ballet. He recollected in the early
pact of his life, when he had more leisure, though
not more taste than lie had at present, he was used
to attend the Opera, and it was also considered
that it was quite in titne.if any one art ived at the
Vbeatre before the Ballet cammenced ; for such
was the state of the Italian Opera, that many per-
sons of the higher order, many of whom had great
taste—nay, the whole mass of the Biitish public,
who knew the connection there was between the
fine arts, regretted the state of the Italian Opera
as it then was, and wished an attempt. shoahl be
made to introduce the Operas of the best toasters,
and that they should be got ups() that all the parts
should be .cast in the most advantageous •timaner.
Mr. Waters particularly was influenced by a de-
sire to produce that effect. It so happened that
the attention of Mr. Waters was directed to Mr.
A vrton, by the celebrity the latter had acquired
as,Manager of the Philharmouic Concerts. Mr.
Waters thought no one. better qualified to under-
take the musical department of the Opera, than one
who had conducted those Concerts, which were
attended with a greater degree of fame than any
Concerts had ever been before,
.In former times,
if you heard one flue piece of tnusic in a Concert,
you were obliged_ to listen to many dull and tire-
some compositions ; but the Conductor of the
poilharmonic Concerts proceeded upon the prin-
,ciple of excluding every thing, that was not excel-
lent; tied with such success had they been attended,
tita; the numbet of sahscribers was only limited by
the size of the room in which they were,perfornied.
Titus was Mr. Ayrton introduced:to Mr.. Waters.
He' was a gentleman, a scholar-7acquainted with
foreign hinguages•—understood not ()lily what be-
longs'd to the ,cience of music, bat to the busi-
tie,s of the world. Mr. Waters applied to him in
general terms for his -assistance. ..Mr. Waters had
himself 'no intimate knowledge of anusic, nor was
he much acquainted with foreign languages; there-
tore his engagements with his Italian .performers
were of necessity. by proxy. He int-breed Mr.
Ayrton to accompany him to Paris. When arriv-
ed 'bete, the first stp was to engage Ambrogetti,
A egt asani, Camporese, and Madame Fodor. Every
paws were taken by Mr. Ayrton, to form a com-
plete Corps Dramatique, in which one particular
person st „mid not stand before the rest, but where
eve ry part should he equally prominent. The suc-
cess of the 'Opera, in consequence, of those en-
gagements, was unbounded. The zeal of Mr.
Aereou was not confined to Ida duty ; he wrote
the advertisements for the Defendant—composed
for Ilea. (liere th- Learned Counsel read au ad-

vertisement published by Mr. Waters, which ex-
pressed his own ideas of the extraordinary success
of the Italian Opera last season.) Upun the sub-
ject of the various ditties which devolved on the
plaintiff, his first was to give his advice to the
proprietor as to the merits of the vocal and instru-
mental performers, previous to their being en-
gaged. He was. likewise-, if necessary, to re-
model operas, a duty which did not depend on the
mere knowledge of music, but required other qua-
lifications ; for music might be set to the grossest
nonsense. The poetry of one of the finest lyric
poets anuansobe Italians. Metastasio, had been so
altered by the writers of Operas within the last
century, that they bad become the subject of ridi-
cule among the wits of those days. The plaintiff
had, therefore, to restore the purity of the poetry
to such Operas as had been degraded by the style
in which they had been written. Another ditty
imposed upon the plaintiff grew out of this cir-
cumstance : the performers of the Opera were
generally gifted with great talents, and many of
them had in consequence a considerable but just
Mare of vanity. Particular singers couceived that
(bey acted particular parts, or sumo' particular
airs, better than others. This produced jealoesies
among them, and it was the task of the mused
director to compose these jarring feelings. He
was himself to determine that for which they
were tnost fit; well knowing that they were them-
selves not always the best Judges upon that sub-
ject. This species of vanity was not confined to
singers ; for it was well known that the most
splendid orators had made themselves ridiculous by
pretending to be what nettlre never intended them
—poets. The musical director had to appreciate
and direct the genius of each individual performer.
A director, who was to adapt the music at
such a man as Mozart, or, to use the phrase
of Hilton, " to marry music to immortal verse,"
was not a director who was to be titer with
every day. Here was a Signor who drsired ;o
have-such a song, and a Signora who preferred
such an air. It required a man of profound know-
' ledge of the world to soothe the irritations of the
one, or flatter the other, in order to induce them
to make a sacrifice of their vanity. It required-
such a man as Mr. Ayrton, a man of suavity of
manners, of great address, of sound judgment,
and refined taste. When the parts were all cast,
he bad to attend rehearsals, and see that the
Opera was performed in such a way as woual best
please'the pumlic. The plaintiff not only did that,
but took the piano-forte, for the purpose of play-
ing every air. There was another thing : it often
happened that somethiog occurred at a Theatre
which occasioned an audience to be disappointed ;
a singer took cold, or refused to act. Who was
to explain this ? It was necessary there should
he a nelson able to address the audience. That
department fell on the musical director. He
mentioned this to thew how difficult it must
be to meet an individual with so many qualities.
He did not say that such a man as Sir George
Smart was not to be procured ;. but then he most
have 2000. a year. Talent would always have
its price. : It was owing to the plaintiff that the
Opera of-Don Giovanni had been brought out last
season. It was a bold design ; for-it had been
represented at Paris, and had failed. Mr. Ayrton
was convinced it was the finest wterk of the finest
composer, and was therefore resolved to get it up.,
The history of Don Giovanni had been unfortunate
till it came to this country. It never before haul
its full effect. It was a work originally written by
a Spaniard. In the time of Louis XIV. Moliere
introduced it into Paris under the title of Le•Festin
de Pierre ; but it never suited the French Theatre.
At had been turned into prose, and there was some-
thing in its moral the Parisians did -not like.—
When kwas afterwards translated into Italian, and
acted, its success was problematical. The story
had been first introduced to this country tinder the
patronage of Mr. Palmer, when he had the theatre
in Weil-close-square. It was there applauded;
but on the Italian stage on the Continent it met
with considerable opposition. Those who were
friendly to Mr. Taylor and to Mr. Waters, thought
that to bring it out at the Opera House would
ruin the concern. Mr. Ayrton persevered, and it
was
_performed twenty-six successive nights. It
attracted the most overflowing houses. More
half-guineas had been taken at the pit door than
bad ever been known, and Mr. IVaters had even
published an advertisement stating that so great was
the overflow, that the lower tier of boxes would be
thrown into the pit. Mr. Ayrton had also trans-
hated the Opera into English. lie had likewise
been the occasion of bringing forward the Operas
of " Figaro," " La Molinari," and many others,
equally attractive. He should produce witnesses,
who should prove that there never was exhibited
to the mu-sic:ll world a more consummate feast
titan " 1)on Giovanni." Mr. Waters would have
done well if he had kept 'this gentleman in his
service ; but the love of economy had prevailed.--
The only question then was, what should be the
remuneration ? lie should call Professors,
who would say, that they would not have filled
Mr. Ayrton's situation under 10001. a year ; they
woeldsay, that it was impossible to have pro-
cured a fitter man, or one who combined more ta-
lent than Mr. Ayrton. He was, thereforp, enti-
tled to a liberal compensation. As Mr. Waters
had thrown it on a quantum meruit, he trusted the
Jury would give the plaintiff what he deserved.
It was not unusual formerly to pay large salaries
to persons who filled this department.' The late
Mr. Sheridan, than whom no one was a better
judge, did not think 1,000/. a-year too much. It
was to be observed that the.musie was of the best
sort, and the performers of the first eminence.
Madame Fodor had 1,500/4 a-year, and the others
were paid in the same proportion. It was there-
fore important, that such talents should-Hot bp
thrown away, but should be made the most
of. Madame Catalani had rated her service's
so high, that Mr. Waters could not engage
her last • season ; that lady was of herself
a host, and when she sung, Mr. Waters
trusted to the General, not so much attending to
the soldiers ; but since her departure the attrac-
tions of the Opere,had depended on the manage-
ment of the plaintiff, and certainly there never
had been a season at the Opera House which had
passed over so pleasantly to time Performers, or so
beneficial to the Proprietor. The Learned Coun-
sel then adverted to another circumstance, with
respect to which the talents of- the plaiotiff bud

been of the ldghest advantage. Madame Fodor
wished a song to be transposed in La Clemenza de
Tito, of Metastasio. It was a song, at the end of
the second act, in which the character having
been banished was bidding farewel to her friends.
The Lady was desirous that the song should be
sung at the'becinning of the first act. The plain-
tiff was consulted ; he saw the impropriety of
it—it was bidding adieu, before' the party was
banished—it was like introducing into a struc-
' lure a particular order of architecture, something
that was quite inconsistent with it, and destroyed
the effect of the whole ; besides this the author.
had put the song in the right place. He h'ad thus
stated the various qualifications required in a
person %rho filled such a situation as that of Mu-
sical Director at the Opera House. He should
prove that Mr..Avrion possessed them all, and he
had no doubt the Jury would award him such a
compensation as would render justice to his ta-
lents.

Signor Testtis examined.—Had an engagement
at the King's Theatre la“ season ; was poet ; was
frequently at the Opera Ifouse ; knew the plain-
tiff, Mr. Ayrton, who attended there as the .other
persons who were employed ; he attended as di-
rector of the tnn•ic ; he was discharging the duties
of musical director. Witnvss had no knowledge
of the art of music, but from the success of the
Opera, he considered the plaintiff must have been
fully competent. The success of tie Opera last
season was unquestionable. The plaintiff was in
the habi of preiwring the Operas, and arranging
the parts of the performers. Witness thought the
plaintiff distributed the parts. Plaintiff attended
the rehearsals, which usually occupied Iwo or three
!vim's ; he also attende,! private rehearsals at the
houses nt the etoinent singers. The Opera of
Don Giovanni required • a gre,ater portion of
attention than other Operas ; it was an Opera.
the It alans, who in general were not fond.
of Mozart's music, did not wish should he brought
out ;—it was brought out by the perseverance of
the plaintiff. Dining its perfttrmanee the Opera
House was attended beyond all example. - Wit-
ness did not know whether Mr, Waters understood
French or music. The business of the Theatre
was usually conducted ill the Italian langnage.—
[Ctoss-examined by Mr. Serjeant Copley ]—The
plaintiff could not speak Italian like a native of
Italy, but lie could speak it so as to be understood.
Witness was the poet, and it was his business to
correct, adapt-, and alter pieces for the Italian
stage. Witness believed the plaintiff translated
Ow Opera of Don Giovanni into He
was not poet now ; the musical department was
more successful last year than the former year.

.
Charles James Ashley examined —lie had been
in the Opera twelve seasons ; Ay.rton was the
musical director. lie thought the musical de-
partment was better conducted when Don Giovanni
was brought out ; he colceived Ayrton was corn.
petent to undertake the musical department ; it
was his opinion, he ought- to be very greatly re-
munerated for the trouble he had taken.
• Signor Ambrogetti examined—said he was en-
gaged as a singer at the Opera in the month of
September, last year. The Opera of Don:Gio-
vanni was got up there, under the direction of Mr.
Ayrton ; ,it was got up in a most perfect manner ;
he tOok the management on himself;. he thought
he was entitled to a very great compensation for
his trouble ; for Ayrton had the particular qualifi-
cations requisite for the management of a Theatre.
Several witnesses followed, who all proved that
Mr. Ayrton was entitled to a very large•compen-
sailors for the trouble which
.he had taken in the
musical department of the Theatre.---Thir. Scarlett
having male out Isis case,

Mr: Serjeant COPLEY rose, and made a very
able defence on the part of the defendant. He
said, that with regard to one observation
' was made by his Learned Friend, namely, that
' the Gentleman who was the defendant was well
known in the Courts of Law, in consequence of
the litigation which he was carrying on—he was
quite sure the Jury would be satisfied that Al r.
Waters was not influenced by a spirit of litigation
This was not a .qiiestion as to the general merits of
Mr. Ayrton, and what Mr.Ayrton would be entitled
to receive ; hut the question was, what was the
specific contract entered into, and what sum this
Gentleman was to receive by express stipulation.
If he proved what was the extent of the remune-
ration he was 10 receive by a contract, that would
be the measure of the damages. In iBl6, in con-
sequence of the personal infirmities of Mr. Kelly,
who had superintended the management for a ,
pe-
riod of 26 years, it became necessary to look for
some assistance with respect to the stage manage-
ment—not the general management, but with re-
spect to that department in which Mr. Ayrton
was engaged for one season, for the sum of four
hundred pounds. ImmCdiately after this engage-
ment, Mr. Waters proposed going to Paris, in order
to strengthen the corps of performers, but told Mr.
Ayrton distinctly, you are not to expect a remune-
ration : that was the proposition he made to Mr.
Ayrton, to which he conceded. Mr. Ayrton hav-
ing conceded to this proposition, %Vent to Paris, and
to a certain degree, assisted in the selecting of
performers for a short time; but it was found that
a Mr. Bonnelli, who was on the spot, was more
experienced than Mr. Ayrton,, and who was a
person who spoke the languages fluently—French
and Italian accurately ; and could do this more
completely than Mr. Ayrton. Having done this
at the expense of Mr. Waters, after lie had run
through all the amusements of Paris, he returned
to this country, and almost immediately after
called on Mr. tees, a friend of Mr. Waters. Mr.
Lees was desirous of knowing what arrangements
were made ; upon which Mr. Ayrton said, "
don't know, because the business has not been
transacted by me; and is has been a party of plea-
.sure." So much with respect to that part of the
demand, and 1 am sure that when he comes to
prove this contract, there will be an end of all
claims on the part of Mr. Ayrton.. Then to the
second part, namely, what remuneration this
Gentleman is entitled to receive in consequence of
his services. Mr. Kelly, who bad been manager
for twenty-six years, had never had a salary of
more than 4001. for all his various duties. Mr.
Ayrton, who merely took under his direction the
musical department, was engaged at a salary of
4001. By the assistance of Mr. Lees, he should
prove that Mr. Ayrton was engaged at '4OOl. for
the season, and the Jury would' .say.wbether or

' not that was' really the contract between these
Gentlemen.
Charles Lee 4 sworn ; examined by Mr. Serjeant
CoPLEY.—Said Ise was an assistant of Mr .WateTS,'
.Mr. Ayrton was engaged in September ; be re"'
heatedly told witness that he was engaged at a 634
lary of 4001. At the period of the negociatinri
of the Noblemen and Mr. Waters,. Mr. Ayrton
bet.tged of him to mention to Mr. eaters, that bis,
4001. should be changed to 500/ , and instead of
his name standing in the book as Mr. Ayrton, it
should be changed to William Ayrton. Esq. Mr'
Waters objected to the alteration of the 4001. t°
5001., but he smiled at the alteration of Mr. t 0
Esq. and adopted it. Mr. IVaters afterwards ms"
a proposal to witness to go to France, when be
recommended Mr. Ayrton, and afterwards cow-
municated Mr. Waters's proposal to Mr. Ayrton,
which he accepted very willingly ; and added, that
if Mr. Waters would pay his exp,ences there and
back, he should be glad to go. Witness cominu-
nicated this to Mr. Waters, and he ,vent. Eie was
absent about two months. Mr. Waters said he
would 01.0 pay for Mr. Ayrton's amusements at
Paris. The morning atter his return witness sio't
him, and WI a,king, what Ilan been done, he said
he had scarce had any thing to "do with the ea-
gagements which were made by Mr. Waters, and
added, that as for any assistance lie was to Mr.
%%raters, he might have remained at home.

Cross-examined by Mr. SCARLETT —Held 5)0
situation under Mr. Waters. His coottexion wish
him was a friendly one. He did receive a gray
unity for, what he did. He-assisied Mr. Water*
in the management ; he received no settled reward
for this. It was quite at the discretion of
Mr. IVaters. He hart received large sums troth
Mr Waters for a CotiCel II ill the b ginning d
1815, when be came to the Theatre with Mt-
Pert y was not sent by Mr. 'Waters to Mr. Mt"
ton. Had no recollection of having said to Alr.
Ayrton, that no man could exercise an active
,employment in the management of the Opers
House without becoming a confirmed ltar ;
woahr positively swear he did not say so. 'fleets
were various sorts of lies told respective the Oper4
House; be meant respecting orders issued, 110(1
so on. It was necessary that a person becottv
in; connected with a theatre should sometime*
state that which was incorrect, with a view t*
meet the objects of the concern. Mr. Ayrton
was not modest in his pretensions : the reverse.
fts saving he was of no utdity to Mr. Watels,
must inert:JON.: have been the pure conviction 't£
his mind. Did not tell Mr. Ayrton he should null
be detained ten days. Mr. Waters wanted a coo.
passion. This was after the contract for tout
hundred pounds. Did not know that Mr. IVaters.
had offered any money to Mr. Ayrtim ; knol
that Mr. Waters made two appointint'llts
with Mr. Ayrton, who did not conic to his
One. Witness sometimes wrote letters for Mr'
Waters, which Mr. Waters signed. Witness fib'
jected to applying to Mr. Waters 'for a written.
contract. Saud, in general terms, that he testa
sorry the action had been brought. Did not c.,s•
press his regret that Mr. Waters had obliged Mr.,
Ayrton to bring an action. Three pavin, tits were
made to the performers at the Opera House ; t wiee
during the season, and once attarivar(!.. i 1 ti tt'o
recollection that Mc. Waters.said to Mr Avrtgo°
when the negotiation was going 00. u bit ib:e
blemen, "r allow me to put vow- name 1.)%%11t.(--
8001. per year," which Mr. kyttior deelitien, hag-
log no itch engagement. Mr Waters [wither nil'
derstood French, Italian, nor ,11,:sic ; recellcelet
a conversation with Mr. Ayrton respcting
Bonnelli being met.at l'.tr.s by Mr. Water,. )11'
Ayrton said, he had been itist I Officinal to reducing
Signor Bonnelli's demand for agency. Mr. Ayr' 0°
wrote the preface to Don Giovanni.
Captain Wateis, the son of the defendant, de'
posed, that he accompanied his father a,,11 Nir•
Ayrton to Paris; all the expences of the
.0.4.4
and maintenance of all pa ties were. paid by 1.‘11.-•
Waters, M. Bonnelli was Mr. IVaters'. *gefit of
Paris ; he was connected ‘vith Madame CatalAo44
Theatre. Mr. Ayrton's opinion was occasiotooll
asked, but Mr. Bonnelli made the engag, mtntl'
Mr. Ayrton went to font or' live performers to
hear them sing.
Madame Fodor played at tie Opera HotiO
while Mr. Ayrton was its Musical Director. She
received her directions from him for her part it'
Don Giovanni. In her cross-examination witnea*
said she had been reconciled to Mr. Taylor through
Mr. Ayrton.
Mr. Mahew, Solicitor to Mr. Waters, prove)
that Mr. Ayrton's contract had never been ae.
knowledged by that Gentleman.
Mr. MICHAEL KELLY proved, that be had befl
Acting Manager of the Opera House for one and
twenty years. He received for his labours, vehidi
comprised the complete superintendecce of the
house, music, &c. 4001., or a Benefit at Drtirr
lane, or at the Opera House. He also sung first
tenor for the same money.
Mr. SCAULETT now replied at considerable
length, and With great ingenuity, contending that
nothing had been offered to lessen the demand d
she plaintiff, who, he submitted, was entitled al
least to 10001.

The Under Sheriff then slimmed up the evidence,
leaving it to the Jury to form their own con-
clusion as to whether the contract described hi
Mr. Lees had actually been entered into be.
tween Mr. Waters and Mr. Ayrton or not.
.11
they were of opinion that the contract had beet'
entered into, then Mr. Ayrton's claim most
be limited by his own agreement. It,
the contrary, they thought no such contract hat
been formed, they would then advert to the gene"
ral nature of the duties which Mr. Ayrton hot
performed, his fitness to perform them, and thin
reward to which he was entitled. Upon thig
point, they would be enabled to form their judg
ment by the evidence which had been given in the
early part of the cause.
The Jury, after a short consultation, found a ver-
dict for the plaintiff'. Damages--SevenHundred
Pounds. Costs—Forty

DIED.
On Thursday, at Bishopgate Cottage, Eliza Louisa, wife of
George Powney, Esq.

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