Star.
London, England, 1801-02-26 00:00:00

TIMATRE .

Tuefday night a fetnimentd Comedy, entitled
Deaf ded -DlOlfh, or, is Ortlaa protelfelis was per-
formed for the firft time to a crowded and bril-
liant audience, with univerlldapphufe. The piece
is a free erassflatim from a play of KOTZIMUI.

Count liareetenwr, chief of an illultrlous houfe,
and Fire Magiftrate of Thouloufe, has an only
fon without the faculties of hearing or fpeech, but
of the quicken parts, the keened ienfibility, and
the molt amiable difpofition. This helplcfs hut
interefting child be leaves cn his death-bed to the
care of M. Darlemoet, his maternal uncle. No
fooner does the guardian enter upon office, than
he takes his ward to Paris, to fee whether his ma-
lady is incurable, and here he forms the diaboli-
cal defign of Petting the unhappy orphan a,trift
upon the world, and taking polfeffion of his im-
' nienfe elate. By means of his fervent Dupr; he
actually executes the projea. The boy isexpored
in a beggar's drefs on the Pont-Neuf; feveralwit
neffes are fuborned to fwear that they Paw him die
under an operation, and the inhuman Dar/intent
continues undifputed mater for years of all his
fair polleffions. In the mean time he himfelf is
picked up by an officer of the police, and delivered
to the Abbe De 12.Epie, a man who has immor-
! talifed his name by the invention of a method for
inaruaing the deaf and dumb, and fill more by
the patience, affiduity, and benevolence he has
I difplayed in following it. Under the tuition of
this philanthropin be improves in the molt alto-
nifhing manner, and learns to communicate his
knowledge with the greaten facility. The Abbe
is at length able to difcover from him that he is
the fon of a Supreme Judge of one of the princi-
pal towns in the South of France.—More it was
impollible for him to learn—bat with this leanly
' information he determines to reftore him to his
rights. and, though now aged and infirm, makes
a pedeßrian tour with him over all that part of
the kingdom. Several great towns they vifit with-
out fuccefs ; but at IA they approach the gates
of Thouloufe. It is here the action begins. By
the tranfports of joy which Theodore difplays, the
Abbe learns that his labours are over. After re-
turning folemn thanks to the ALMIGHTY, they en-
ter the city, and loon find out the houfe of Ohl
Count Harawour, now inhabited- by Derfratemi.
They apply to Franval, an eminent advocate, and
as Theodore is recognized by his nurfe, and feveral
others who fee him, and as Dupri, who had all
along been torn with remorfe, threatens to divulge
,the whole fiory to the Magiftrates, the ufurper
confents to reinflate his nephew in all his rights.
St. A/me, Darien:met fon, is made to be in love
with Marianne, the finer of Framed ; and the ob-
facies to their union form much of the bufinefs
of the Piece, and their union, brought about by
Theodore, gives eekt to the conclufion of it.
Such are the incidents upon which this drama-
tic edifice is conneaed. The progrefs of the
bufinefs is not denitute of &ill and conneetion, but
there is at times a gloominefs of detail, and a falli-
dious reiteration of fentiment, that call a great
heavinefs over the fcene. The/we/re is too pre-
dominant to render the Piece popular ; and the
Poet, inftead of a moralift, becomes the preacher
of a conventicle. It is, however, the puree and
molt edifying of KOTZFAUE'S 'Dramas; and al-
though the charaeters are not marked with traits I f
origmalgeni us, the fohjeepoire nit all the attraction
which can be derived from the combination of the
new and the probable. Nothing of the kind was
ever attempted before ; sad the Audience, fatigued
with hearing, upon fuch occafions, aukward imi-
tations of What they bad heaki a thoufand times,
lent a favourable eye to this original exhibition.
It ought not to be forgot, in fpeaking of its merits,
that its moral, unlike that of moll other Gerrran
produaions, is not ,only unexceptionable, but ex-
cellent—Abet thole who fee it performed will not
only leave the Theatre with their principles un-
debauched, but with a greater love of virtue, and
a deeper abhorrence of guilt. In this all mull be
agreed, that it was admirably performed. There
was not a fingle part which was not well fu Rained ;
and Tome of the altors did greater junice to the
meaning of the Author, than he could have been
fanguine enough to expel. Among thefe we mid
reckon Mils DICAM v, who reprefented the deaf and
dumb Theodore. Her expreffions, by figns, of the
ftrong emotions which agitated her mind,were ex-
tremely impreffive, and met with the molt unbound-
ed applaufe. Mr.Ks maLa, in De L'Epie, delineated
with great ability that venerable charafter. The re-
morfe and mifery attendant on goilt were well pour.
trayed by Mr. WROUGHTON in Darknumt, and,
though by very different means, by Mr. BANNISTIUt
jun. in Dupre. The parts of Madeam Fri:rival, and
Claudine were refpeafully fuftained by Mifs POPS
and Mrs. SPARES. Mrs. MOUNTAIN, in the cha-
raaer of Marianne, introduced a beautiful air, the
, words of which are by Mr. LEWIS, and the mufic
by Mr. KELLY. It was loudly encored:

What tho Fate forbid, me offer
Golden gifta train Fortune's Rom
All I have, to Lose I proffer,
Fortune cannot offer more.
What tho' bright the jewelEd treafutt.
Which Perwries mines fupply,
Brighter /till One tear of pleaturt,
Sparkling in Affeetion's eye.
Hymen, in his power for ever
Fain the God of hearts world hold,
Binding oft, oh! vain endeavour,
Love with into...ll—chains of gold.

Secs their weight his Itrength cierpow'n.
Soon they cram the pretty elf;
Love can bear no chains bat &were,
Light asd blowninLT as !green'.
The Prologue of Deaf and Drind, a kind of in-
troduiftion to the (tory, w.is well delivered by
Powszt., as was an Epilogue by Miff Ds Cairn
reftored to the knowledge of fpeech, and the
general propenlity of her fez to make an abun-
dant ale of their tongues. The applaufe at the
final fall of the curtain was loud and univerfal,
and the pleb cannot fail to become a favourite.

1

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LAN INTELLIGENCE.

COURT OF COMMON PLEAS, FEBRUARY

HILLARD, qai tam, D. PARKER AND CO.
This caufe, though not interefting in its cir-
cumftances, was of very confiderable importance
to the public. The anion was brought to reco-
ver 3151. being triple the amount of a fum ad-
vanced under ciremnftances which were fuppiofed
to bring the tkahfaBion under the operation of the
flatute against ufury. It was ft.tted by the Plain-
tiff that the Defendants had advanced on the 4th
of May 1799, 1051. to a foreigner OD fourteen gold
watches left as pledges ; and that on the i4th of
December in the fame }ear 1161 was paid to re-
deem them. This was the ufurious tranfaaion
11:0141 on the record, and to make out the cafe two
witneffes were produced. One of thefe witneffes
was the foreigner by whom the watches were
pledged, and the other the perfon by whom they
were redeemed. They both concurred in eating
the fads allcdged in the declaration ; the one de=
poling as to the day on which the articles west
pledged, and the other as to the time when they
were redeemed, and the funs then paid into the
hands of the Defendants. •
On the part of the Defendants, three things
were alledged as entitling them to a Verdi&t that
the tranfaltion took place on the 7th, and not
the 4th of
_May; that the fum paid on the 14th of
December was 1151. and not 'll6l. and that even
fuppofing the tranfailion to be true, Parker had
no knowledge of the affair. There circumftances
were endeavoured to be eftabliihed by the produc-
tion of their books, and by the evi fence of two
of their clerks as to the regularity and correetnefs
of the entries.
Lord ELDON, in an excellent addrefs to the Jury,
impreffed on them the neceffiry of laying out of
their view al; confederation of the action in a mo-
ral view. They might be convinced that the De-
fendants had been guilty of rapacity and injuftice
in a moral light, but they were then to decide on
the tranfattion as a dry queftion of fad, leaving
the punahruent of this injuftice to another tribu-
nal, and to the judgment of the Defendant's con-
fcience. They might lament that the poor were
not better protected againft oppreflion, but they
were then •to And their verdidt according to the
evidence. Though even from the Defendant's
own !hewing they had received more than legal
intereft, if the affair took place on the 7th inflead
of the 4th of May, and if t ;51. and not 1161. were
• paid, they would be entitled to a verdict on the ,
prefent record.
The Jury retired a confiderable time, and the
foreman on their return raid, they lamented ex-
tremely that they were obliged to find for the De-
fendant, but they were under the necelrty of doing
fo from the evidence.
earrnmas V. MLLE, WIFE, AVD SOWN.
Mr. Sertint MARSHALL limed the cafe to the
Jury as Jo ows

The Plaintiff, Prifcilla Faithman, lived as wait-
ing woman with Mrs. Merle, who is the wife of a
banker and refiner, of that name in London.—
And this anion was brought againll Mr. and Mrs.
Merle, and a Mr. Bunn, to recover damages for
an afault and falle imprifonment, under the
following circumfiances.
The Plaintiff was =cured by Mrs. Merle, and
taken into enflody, upon a charge of robbing her
of jewellery to amount of 701. The accufa-
tion was made on a Saturday evening at a late
hour and flieWas given in charge to the conftable
of the ward of St. Bartholomew ; and by him and
a Mr. Bums, one of the defendants, (who at the
inftance of Mrs. Merle interfered) was conveyed
to the watch-houfe, and thew to the Compter ;
*here the remained till the following Monday,
when flic was brought before the Sitting Magif-
trate at Guildhall. Mr. Alderman Boydell, who
upon hearing all that was aHedged on the part of
Mrs. Merle, as well as the girl's own dchnce, ob-
ferved that there being no ground to accufe, much
lets to commit her, ordered her immediate die.
charge, and the was difcharged accordingly.
It farther appeared, that the faltered particular
hardthips during the period of her confinement,
that the was dragged from the watch-houfe to die
compter, at an unfeafonable hour of the night,
and there lodged in what is called „the receiving
room" with all manner of felons, and in that fitu-
ation mutt have remained till the Monday fol-
lowing, hot for the humanity of the Keeper, who
ch :urged the place of het confinement on Sunday,
for one. more befitting her fez. That the had
&en pr vented and deprived the means of getting
another place there eight months pall, in confe-
quence of theft fligmas upon her charader that
farther accufaticns to the fame effect were again
threatened by the defendants; and finally, that
filch was the refult of the whole of their proceed-
ings againft her, that nothing was left to recurs a
future maintenance, and Cave the credit and re-
fpeft that the and her fluidly, humble as was their
fituation in life, had ever endeavoured to maintain,
but an appeal to a jury of her country, and that
now this appeal was made.
Several witneffes were called to eftablifh thefe
Iltds, and to .umouuce the univerfally good cba-
ender of the plaintiff, one of whom, a very Tepee-
table perfon is/ Pall Mall, Rated that the had lived
in his family upwards of eight years.
Fur the defence, a justification was attempted;
that the defendant, Mrs. Merle, had adnally loft
the • articles mentioned, and having rrafonable
mink to ruffed the plaintif, had her taken into
cdndy as a ;ore hated.
The learned Judge fumnsoned up the whole,
adding the legal remarks that the cafe demanded;
and theiury withdrew for tome time, and on their
return, having acquitted Mr. Merle, brought in a
verclift againft Mrs. Merle and Mr. Buna.Da-
mages sot.

WillIU•ltIr 2S.
JIDNIKSTDI 0. SUSH AND ANOTALI.
.nliS cattle, which was tried on. Mon,hiv, and,
ftum the principle which it was dce,&d, is of
verj- confiderdhie impottluce to the iticteitatile
world.
Tbs atria ills brought to ICCQVCT fonworbu

above All.being the balance of a dory lat gc him'
paid for a quantity of Riga hemp. On behalf of
the Defendants it was contended that 141. 7s. of
the film alledged to be due had bean paid by them
for fees to the different Officers in his Majefty's
dock yard at Woolwich, where, the hemp was
landed.

Several witneffes welt called, all of whom allow.
cd that there fees were confiderably lens than thofe
paid at other wharfs, and the fame as thofe gene-
rally paid at the wharf in queffion.
Lord ELDON, however, wished it to be afcer-
tained whether the fees fo charged were fuck as
were authorized by the Commiffieners, vntofe duty
it was to watch over the condua df the inferior of
in the dock-yard. He could conceive that
in many cafes it might relieve the burdens of the
public at large, without fubjeding individuals to
meonvenience, that a, part of the falary of bfficers
in public fituations fhould be compofed of fees, in
addition to the furn fixed for their fubfiftence---

It was, however, his duty, as well as the duty of
the Jury, to take care that fees ihonld not' in any
cafes be demanded where they were not randioned
by a pofitive at of the Legislature, or founded on
immemorial ufitge. On this principle then, though
thefees in quenion were in themselves not unrea-
fonable, and though they were fuch as were gene-
rally paid, he could not faneticm their payment in
a Court of Juflice, unlefs it was clearly made out
.that they were paid with the knowledge and ap-
probation of the Gentlemen appointed to watch
over the concerns of the dockyard.
None of the witncfres being able to depofe ex-
'
plicitly that this was the cafe, the Jury, under his
Lordihip's direftion, found for the PlaintifE