Star.
London, England, 1822-01-25 00:00:00

cOMMERCIAL INTELLIGENCE.

The home cmsomption of lb: and hemp h at emit wa4
Jer.!,le, ard hots these articles maintain their late advanced
caw. The sporulaton in tallow are becoming more cautious.
Tlu• last prices from St. Petenburgh are such. that wit% aY
charges and duty it can be imported bun Oust Britain at
nu. ins. 9d. and the quantity in England between this thee and,
August, will be about 90,800 casks mote than the usual con-
sumption. Under such circumstances. the best-informed Rus-
sian merchants scarcely expect that the present pries* of tallow
Gin be malmaineJ:

It is probahk that a War between 'Turkey and Ruda may
enhance the value of bonded grain in this cannery, and the
solders are more firm in their prices,in expectation Of this event,
kith a view to the Italian market.
Isiah providons of every description are 'extremely dull, and
the value of every article of this description from that country
continues to decline.

I) au ay. LAN! Tin e araz.-02way's admirable
ge4 of rcnice Presented was performed last night
t this *Theatre, with the attraction of Mr. KEAN'S
Mier, and ;he tirbt appearances of Miss EDMISTON
and Mr. Conran in the parts of Belvislera and Pierre.
If Mr. KEAN did not completely identify himself with
ell the VAS irties of the arduous character of &e'er,
he gave some touches of beautiful pathos, which re-
deemed even the degraded informer from the utter
contempt of the spectators. The way in which he
exclaimcti Beividera, poor Belvidere!" when he saw
I:er first coming on the stage, Lad in it a world of
tenderness, more affecting and intense than the most
eloquent declamation. His description, also, of the
sorrows by which her love would be tried, in the mi.
sera!:le solitude to which he looked as his future asy-
lun,, A% hen on a bed of straw we sink together,"
came faithfully home to the heart. But the finest

thini^ hi. performance was the agony of shame
ss:;!; !le tohl of the disgraceful blow inflicted
by !:is iiijete:: friend; his whole haute seemed to re-
cr.ii t!oin the i,:nominious recollection with matter-
licrror. Miss Et:Nino:es Belvidera was a very
:.4..-pe% table performance. Throughout she preserved
t, and .lel ortment of soft, endearing, womanly
;•./,•ction and when atitated by the fears and sor-
ti, the face of Which she at length falls a vic-
r.,m, she to: gut not the submission ansiwcikness that

. gig to the character. The least exaggeration dis-
iinizes, as it were, the whole fabric of illusion ;
. Miss EDNIISTON proved iliac she had skill and
sufficient to carry her with succe.s through these
z. moments. The mad scene, which concludes
1!.: j..ay, was a storm—a convulsion of physical and
energy, to which death seemed to be a most
relief. Here she hit the purpose of the
Liiectly. It was an utter shipwreck of the
I :.!!: an.' constitution, which is indispensably contin-
s .ot int the baffled feelings and hopes of a being qua-
like Belvidere,. The loudest applauses suc-
ctoieJ t!lc talliag of the curtain, as they accompa-
nit.J the performance of the piece throughout. Mr.
CC-AT!: was a eery spirited Pierre, " a gay bold-
Tace,i ell:lie—one who seemed to " wear no corn-
caii..e on his sword," but to be conscious of the
ding project he had conceived, and of the' talent
requisre to accomplish it. The Tragedy was much
aepa Ord throughout. The House was well attended.
CuyrsT-GARDIDI TUZATRE.—Last night the Tra-
gedy oi. Romeo sad Juliet was performed at this
'lmre, for the purpose of introducing Miss FANNY
Titt:::i.ox from the llith Stage to a London audience.
F.c.o..ections of 4' auld tang sync," impressions nei-
Cier few nor trivial, combined to excite a strong pre-
p "session is favour of the debutante. We could not
:il to recollect that she is nearly allied to one who
was only to be seen ro be admired by every lover of
::le Tragic Muse—we allude to the late Mrs. MERRY.
Her mother was also an actress of very considerable
pros i 641 celebrity, and whilst Miss Ross, was for
Lorne years a great favourite on the Norwich Stage.
With al. these circumstances operating in favour of
M. llursrox, it was natural that on her critter; she
received with enthusiasm. The youth,
countenance, and figure of this young Lady cones-
ponued harpily with the character, and her pet--
Mrs:4mm exhibited ao union of judgment and feeling
not trite. to be J ihcovered in such early candidates for
fame. 1.. the tender scenes Miss Bout:Ton was na-
twin affecting, and in the more impassioned ones
she c 4-ionatls displa; ed an energy, both mental and
phj sicat, which was acknowledged by universal ap-
plause. The two scenes with Romeo in the garden,
and .hose with her nurse, were distinguished by an
affeczamate, and sometimes a playful simplicity :
the) . re Al ed the hearts of the audience to sympathize
more painfully with her subsequent misfortunes.—
Romeo s banishment opened a new and more violent
source of en otions, and her energies seemed to rise
with the occasion. We have not often witnessed
more enthusiastic applause than followed her first
agonies on learning the sentence of her lover. We
were lather disappointed in the scene in which she
drink, the draught prepared by the Friar; perhaps
it arose from a redundancy of action, which inexpe-
rienced Performers are so liable to mistake for im-
pression, without considering the circumstances under
which that impression is to be produced. The latter
part of the soliloquy was not liable to the same ob-
jection. The operation of the draught upon her in-
tellect until life was eventually overpowered, was
-.Try strikingly pourtrayed. Upon the whole, we
e.tr, have no hesitation in pronouncing this young Lady
Le a valuable acquisition to the tragic strength of
:..e Theatre. Mr. Maces/it:lfs Romeo was full of
Tassion, and, whether in love, in anger, or in grief,
ei.)played the enthusiasm and extremity of their-ope-
rations on an ardent and romantic heart. Mr. ABBOT
till the absence of Mr. Joan) undertook the part of
.llercutio, in which he acquitted himself with consi-
:',.,rable spirit, and to the general satisfaction of the
'muse. We have always been highly amused with
'he comic powers of Mrs. DAVENPORT in the loqua-
r.iuus Zsursc, and never more so than last night.
Wednesday last, just as Mr. ALGA it, the auctioneer,
commenced selling the theatrical property at the
..!.'..est London Theatre, Tottenham-court-road, the
give way with a tremendous crash, and preci-1
o:wed several persons below ; but no serious acci-,
dent took place.
Caurtow.—.Five young cattle, the property of a
respectable firmer, on the estate of Kirkmichaelein
Damfries-shire, died on Monday, in consequence of
having ate the tops of a bunch of yew tree, which
had been used in embanking the river adjacent to
where they pastured. When opened, the qu.tntity
found in the stomach was so small, as hardly to be
vi.tinguishable:

.

LAW INTELLIGENCE.

' COURT OP Knows BENCH, JANUARY 141.
DIXON v. MOIL
This was an action on a peicy of insurance On a
'ship and cargo, at and from her - of - in

port lading, ,
Sierra Leone, to this country. The vessel was lost
to the owners, as was alleged, by the barratry of the
Master and crew. The action was tried before the
Chief Justice at Guildhall, and a verdict was taken
for the amount of the policy.
The SOLICITOR-GaNaRAL now applied for a Rule
to show cause why there should not, in this case, be
a new trial granted. The facts of the case were briefly
as fellow :_The vessel sailed from this country with
a cargo of bricks, &c. under the command of a per-
son named Mercer, and arrived safely at Sierra Leone,
where she delivered her cargo, and took in a lading
of timber as a return cargo. On the 9th of March
she quitted the port on her return voyage to this
country. Whilst at Sierra Leone the First and Second
Mate quitted the vessel, and Captain Mercer took
two other individuals, named Paddon and Holyoak
on board in their stead. Mercer was on board at the

time the vessel sailed on her return voyage, but quit-
ted her as soon as she got into the offing, returning
to Sierra Leone, and leaving the command to Paddon.
The vessel continued her voyage towards England,
but with light winds, and making little way, until
the 21th of March,when Paddon became exceedingly
ill ; and, considering his life in danger, he sent for
the carpenter, named Rogers, who came from Eng.
land in her, and asked him if he could take the ship
to England ? Rogers answered in the negative.—
Paddon then gave to Rogers a sealed packet, with
an injunction that, on his arrival in England, he
should deliver it to Mr. Dixon, the owner and pre-
sent plaintiff; the command of the vessel was then

given to HolyoiV. A day or two afterwards, Paddon
being somewhat better, sent for Rogers, and desired
to have the packet which he had delivered to him
back again, and the packet was accordingly returned
to him, and very soon after Paddon relapsed and
died. Holyoak now became the acknowledged Master
of the vessel ; a survey of the water and provisions
took place on the 2d of April, on the representation
of Rogers that he had lately observed a great waste
of the water. Rogers had mentioned to Holyoak
that he saw a tap running in one of the water-casks,
and the bung knocked out of the two others. Holy-
oak said he could not help it; it was among the crew.
Between this time and the Bth of April, Rogers saw
further waste of water, and on that day the provi-
sions and water were again surveyed, and it was
found necessary to put the crew on short allowance
of both bread and water, and to run for Barbadoes.
On their arrival at Barbadoes they had only eighty
gallons of water, and a small quantity of bread, left,
and the vessel was leaky, having eleven inches water
in her hold. On the application of Holyoak to a per-
son named Windsor, a survey of the vessel took place,
and she was condemned as unseaworthy ; and at the
trial the defendant's Counsel contended, that there
was no barratry proved, but that there was full proof
the vessel was unseaworthy at the time she sailed
from Sierra Leone. The Chief Justice, in summing
up to the Jury, observed, there were three points of
view in which this case might be presented to their
consideration. Pi r st, if the Jury should be of opinion..
that ptevious to the vessel quitting Sierra Leone,
there existed a fraudulent intention and plan to carry
her to Baibadoes, that would amount to barratry,
Secondly, if the plan was not formed till after they
sailed, but was conceited in the passage, and the water
and provisions were wasted as a step towards carry.
ing that plan into effect, that was barratry ; and,
thirdly, even if no such plan existed, and the vessel
was absolutely forced by circumstances to go to Bar.
badoes, if the Jury should be of opinion that a play
was, after the arrival of the vessel at Barbadoes,
formed and carried into effect, to get the vessel gar•
veyed and condemned principally with a view to de.
fraud the owners, that also would constitute barratry.
The Jury found barratry, and gave a verdict for the'
plaintiff, but they did not say on which point their
verdict was formed. Now it might have been founded
on the first point, of which, indeed, he did not attempt
to dispute the law ; but he had now to contend, that
it was a point not coveted by the counts in the de-
claration. The first count said, that the ship sailed
on her voyage to England, and afterwards, whilst
proceeding on that voyage, she was last by barratry
of the Master, Holyoak, and the crew. Now, if the
plan was formed before she quitted Sierra Leone, she
never did sail on a voyage to England, and the count
was not made out. About thiee days before the trial,
the plaintiff applied to amend this count, and did so
amend it, by leaving out the name of the Master;
but this did not remove the present objection. lie
had also to complain, that upon this count, as com-
pared with the evidence brought forward at the trial,
the defendant had been taken by surprise. The count
directed the attention of the defendant to what took
place on the voyage, whilst the evidence adduced at
the trial went to shew a design and plan formed and
matured before the voyage commenced.
Mr. Justice BATLEY asked, whether if the barns-
trolls intention existed before the vessel sailed, that
would constitute a loss within the policy ?
The SOLICITUE•GENERAL acknowledged it would,
generally speaking, but submitted hat fact could not
be considered in the counts 14 the present declaration.
The CHIRP JUSTICE—You mean, Mr. Solicitor, to
contend, that all the three positions which I laid down
to the Jury were good, generally, but that one was
bad ft orn the form of the present declaration, and the
Jut y might have found on that point. You say if
the plan was formed at Sierra Leone, and not carried
into effect until a subsequent period, it will not suit
this declaration.
The SULICITOIV•GENERAL said, such was his view
of the case on this point. On the other count, which
stated the barratry to have originated on the voyage
to England, there was the same objection ; the proof
of the plaintiff at the trial being that no voyage to
England was ever contemplated. On the third point.
namely, that it was not till after the arrival of the
vessel at Barbadoes that the barratry originated, then
he would submit that there had -men such a devia-
tion from the voyage insured, as operated to put the
Underwriters off the policy. As, even allowing that
they had been forced Into that deviation by short-
ness of provisions and water, it had been repeatedly
held by the Court, that if the shortness of provisions
arose from the carelessness of the Master and crew
that circumstance should not operate to excuse the.

, . . .
&rake to doe preinace of tha Underierkers. In
addition to these several points, he submitted that it
Appeared from the evidence, that itie plaintiff had
received a Pirt of the cargo. African timber, which
had proved bonnie* to him t 6 a carkiiin extent, and
ought therefore to be tateit into accodat In reJuction
of damages. •
The Crllill JUSTIOII read his notes taken at the
trial of the cause.
Mr Justice DATUM said, it did not appear from
the evidence, that there had been su wilful waste as
would operate to put the Underwriters Off the policy. '
The Cuter Juseice was decidedly of opinion, the
objections of the Solicitor-General should hitie,been
made at the trial; and that the notice of the lidge
should then have been called to these points, and a
question put to the Jury, as to the particular point
on which their verdict was founded. He thought
there had not been a case made out which would jus-
tify disturbing the verdict. As to the last point, re-
lating, to the receipt of part of the cargo by the
plaintiff, a Rule might be drawn op for making
that a subject of intim* out of Court.
The rest of * Cosily agreeing this opinion, a
Rule for reference on that subject las drawn up ac-
cordingly.

WEST R. vaAscts.
This was an action tried before the Chief Justice
at the Sittings after last Term, when a verdict was
taken for the plaintiff.
Mr. GURNRY applied to have that verdict set aside,
;Ind a nonsuit entered. The plaintiff was the pub-
' lisher of certain theatrical caricature prints, and the
defendant a print-seller, and the present action was
instituted Against him for selling certain pirated
copies of the plaintiff's prints The evidence at the
trial went to establish the fact, that the prints sold
by the defendant, did in part resemble the original
publications of the plaintiff, but varied materially in
some other parts. Mr. Gurney now contended, that
under the Act of Parliament, the defendant, who
was only the seller, and not the publisher of these
pirated engravings, was not liable. The Statute in
express words stated, that a publisher of copies in
pea should be liable; but sellers were only made
liable for selling exact copies. This was a distinction
founded in strict justice; the publisher must know of
the existence of the original print, and the variance
was intended to cover fraud ; but the mere seller of
a copy might never have seen the original, and be
entirely ignorant of its existence.
The COURT observed, this was a question of con-
siderable importance to the parties concerned in such
property ; and, therefore, a Rule to chew cause would
he granted, to afford an opportunity of fully consi-
dering the verdict.