Star.
London, England, 1805-01-12 00:00:00

OLD BAILL r.

no with to deny, any More thah I have to avoid the'
dreadful puniffiment that awaits my guilt ; to that
I am refigned ; nor was it my with, from the un-
fortunate moment of my crime, to evade jutlice.—
But that I committed the deed malicioufly againtt
my poor child, who was the vietim of my fatal pal-
(lnn, I fileninly deny, in the pretence of that Con,
before whom I now make this declaration, and be-
fore whole awful tribunal I mutt thortly appear.—
Intlead of bearing to her malice, Goo is my wi.nefs,
I loved her molt tenderly : and to that love, Itrange
and perverfe as it may fecm, is owing chiefly the
fad cattle that brings me here this day. lam mar-
ried to a fecond wife, by whom this child was my
only daughter. We had long known each other be
fore our marriage, when I was in better days, and
when the and I were the wife and the hufband of
others; I thought I could be happy with her, but I
found her temper incompatible with my happinefs,
or her own ; I found the friends and family with
which the was connetted, thought her marriage wi,h
me degrading to her. Dilputes and altercations took
place frequently between us, in which, unhappily,
both were in faith. Thole difpntes were often car-
ried to a pitch of fury ; and what tended Rill more•
to exafperate me, and aggravate our ditentions,
was, that thole the called her friends, always tided:.
with her in every thing, whether right or wrong;
and many of them, I am forty to fay, ftrento,us
profefftrs of religions principles, were almolt more
ready to lend a hand to the fomenting of milchief,
than to the promotion of charity and peace. Our
difputes, at 1.411, ended in a mutual agreement to fe-
parate, and the child I fu tenderly loved, WAS to go
with her mother : this my unhappy temper and feel-
ing could not bear, and led me to the fatal refolution,
that neither her nor I fhould have the child, by corn.
mitring the horrid deed of putting an end to her life, in
the manner I have done. I ter vently befeeclt Coo to
forgive me, and guide you in your decition up at me
this day; and I hope my unhappy fate will prove..
an atvful example to thole who form fecond mar•
riages, with children on both fides, aad a warning
to them againft giving way to intemperate difputes,
that may lead them, as they have done me, to alts
of defperation and vengeance beyond the controul of
reafon or refleetion. If my wife was prefent, the
could vouch and prove, that it was impoffible I
could ever have deliberately executed loch an aft. She
could vouch that my difpofition is not cruel ; and
that my refolutions have always led me to the fide
of virtue : but unfortunately under agitations of
mind, or provocations of temper, I am not always
the fame man: and my weakneffes, under loch cir-
cumtlances, have very frequently led me into exceites
of frenzy, which in cool moments have aftuniffied
me. Once, in particular, forced by dithefs to ap-
ply for relief at my parith workhoufe, 1 had come
too late in the day : when wound up by dilappoint-
ment to madnels, I broke as many windows as colt
the parith four pounds for the repair ; and yet the
parith officers, though they might ponith me, did not,
knowing that my aft was the refult of a mind de-
ranged. I have no more to fay, but I hope Goo of
his infinite mercy will pardon my crime."
The LORD CS. Isr BARON informed the Jury that
the fall of a perfon's being overcome by any bidden
paroxifm of paffion to commit a deed of fo flagiti-
, ou.s a nature, operated as no jollification of the crime.
If GOD affikted any man with a temporary, or OCCA•
Ilona' want of reafon, that was a different queflion.
There, from the mere occafional tufpention of the
reafoning faculties, the crime might have been com-
mitted ; but fuck could by no means be compared to
the cafe where the dereliCtion of the reafoning facul-
ties had been occafioned, either by the contemplation
of a circumftance by which alone the mind was af-
feCted, or by which, after its completion, the mind
could be fuppofed capable of being agitated. Here
a (trange mixture of AffeCtion was difcernabie amidll
the cruelty which had prompted the perpetration of
the deed ; but he could fee nothing in the cafe to in-
duce him to point out to the Jury any dillinetion be-
tween this cafe, and the various other cafes of a 11-
milar kind which prefented themfelves.
The Jury immediately found the Prifoner—Cuilty.
His appearance was fqualid and wretched in the
extreme. His hair was grey, and his head was co-
vered with an old miferable night-cap.
The Ricorcnra, in a flyle tire mutt folemn, awful,
and impreflive, then addreffed the wretched man—
and after commenting on the horrid crime of murder,
always in its naturedieadful,bin aggravated an hun-
dred fold in his cafe, as the murder of an innocent
infant, vs hn hailed him with her firft efforts of
fpecch, by the endearing name of Father, hot to
whom he bad atted as a deflroyer ; warned him to
ufe the fhort remainder of his unhappy exillence in
making his peace with his offended Creator, and then
fentenced him to the awful execution of the law Gn
Monday next. _ _

Ycaertlay Sxnuel 111;ahell, alias Sa,rrfad Irride
was inclined fur the wilful murder :if Sarah
a girl of nine year; old, by cut-
her throat with a razor, on Tuelday, December
'BO4. at No. Wheeler-areet, Spitalfields.
M. KNAPP,in a Ipecch replete with feeling, nat-
rai::d the prominent features of this melancholy tale
to the Jury.
The fillowing is a forcinn flatement of the cireuth-
e.oces as they appeared in evidence :
The Aril incr is a lilk•weaver I,y trade, lived in a
airet in the houfe above named ; and on the day,
rreceding this (hocking catatfr,phe, his wife and he
in conliquence of a lei les of &pines and bickeringc,
lead rrtto.:lly agreed to feparate. On the night of
I:ie day of frparation, the child, without the content
f. her father, had flept with her mother. She had
h••,:u accustomed to allid her father in that part of
is batinefs of a weaver which is called quilling
iier wheel had been heard on the morning of the day
~it which the murder was committed s on which day
:tad alto gone to fchool, as usual. About half
pall eleven o'clock the prifoner called down (lairs to
!earn the hour. A perfon below informed him of it.
—lie was (hotly afterwards heard to go out, and,
about half pall twelve o'clock, the child was
found liretched on the fluor, weltering in her
blood, with her head almoll fevered from her body.
—Within half an hour after, the prifoner went
to the bottle of a friend named Dzlaforce, in Kenyon-
fired, Shoreditch, who was at his work. The pri-
loner told him fomething had happened to him that
morning. of a nature that never happened to him
before, and alked him to come out and he would tell
him. Delaforce was, after tome time, induced to
quit his biifinel', and go out with the prifoner, who,
when they got about p yards from the door, laid to
2-.itn, that he had murdered his child, by cutting her
head nearly off: they went together to a public boufe,
the Cock and Magpye, in ‘Vorfhip-areet, when the
prifoner had lonic drink and fruuked a pipe ; and
when they cane out again. Delaforee walked with
him tome way, and afked him what he meant to do
with himfalf ? He anfwered, he was now going down
to Shadwell, to fame friends who were rope-makers,
and who, lie fail, would give him a few shillings
whle he ffiould be in prifon. He then afked Dela-
force when the Seffions would begin, and was told.
He then Paid, he would give himself up to jullice,
and added, 0 Well, Ned, I mull die, but what odds
will it make to me, if I am cut into a thonfand pie-
ces 1 When I go, hundreds will go at the fame mo
ment.' When told that he (hould nit have killed
his child, the prifoner looked in the face of the
perfon to whom he had divulged his guilt, and fsid.
•' I know that;but do not yru retort on me, it is done."
Delafcree being now r.bit:d to return to his wnsle,
?book the i !Wooer by the hand, and law him no mote
till he met him, the fame evening, at the office inWor-
!hip flreet, whither he had been brought front Spi-
ealfields watch bottle ; having been apprehended and '
lodged there by Grice, a watchman of llethnal.green
arilh, who, with others had taken hint, in conic-
quence of the information they received from the
priloner's landlord. Kennedy, an Officer belonging
to Worfhip firm Office, went with fcveral of his bro
themfficers to the horde where the prifoner lived, at
one o'eloek, upon the 18th of December ; and, upon
examining the pritcnet's room, they found the child
lying dead on the floor, h.er throat cut quite to the
'One; the floor covered with her blood, yet warm ; a
Trill wheel a little beyond her, the clock of which
vas marked with blood, a:ld tracks of blond from
that to where (he lay : beide the wheel, was a low
(tool, and upon the flozu lay a razor open, and the
tlade bloody. Finding, on enquiry, that there :vele
nn petions amongll the number who crowded the
room, that were of the prifoner's family, Kennedy
cleared the room, and locked it tip to fecure what
property was there ; and then went in search cf the
prifoner, whom he found at one o'clock next morning
at the watch houle, in Spitalfields parifh. The pri-
Inner, up, n hearing bimfelf enquired for, tuirned
about, and laid, " Kennedy, I have given you a
great deal of trouble in fearching for me." Kennedy
laid he had, and then talked him if he was aware he
was charged with the murder of his daughter, as he
40 been in his room, and law her lying dead, and
found the razor lying on the floor. The prifoner
anfwered, " Then 7nu law the razor—with that
razor I have many a time thaved myfelf, and with
that fame razor I committed the bloody deed."_.

Benjamin Mofer, Efq.one of theMagidrates of Wor-
fhip-firret Office, produced the written declaration
of the minder, made voluntarily before him, and
figned by the prifoner hinifelf. No inducement what-
ever was held out to him, and he was repeatedly
warned of the coat quentes of his declaration fo to
be made, and the utes to which if would be put
pon his trial. &vet thelefs he Willed in making
and tigning it.
The Declaration was then recd by the Clerk of
the Court, and was in tenor and purport a full and
voluntary declatation ou the part of the prifoner;
" that he had, fur tome time, altercations and dif-
putes with his wife, about a daughter of her's, whom
the had by a former faifb end, which daughter
sack,' in a fhametul man..er ; but her mother
brought Ler home to lire in the family again(' his
cc:trent, gave her indulgencies which he did nut like,
which led to unhappy difputes, that ended in an
agreement to feparate ; which they did on the very
fay bcfpre this unhappy deed ; and it was agreed,
?':at the younger daughter fhould go with lser mo-
•her : but that the pritoner, who loved the child, not
:ing able to bear the idea of her going with her
,n ).h-r, and teeing her only as a trifitor, was driven
to audneis, and went to the clipboard and took out
l.i; razor, determined to put an end to the child, fo
that neither fhould have her. In a little while, re-
fl,ttion and horror (hook his purpofe; but his psffion
ft•on overcame his teaftin, and he went behind the
c:11.1 and cut he► throat ; the made neither noile nor
retillance ; for the wocnd, and her death, were
equally inilantancous."
Here ended the proofs for the profecution, and the
prifoner was called on by the Court for any thing he
had to fay in his defence? when the wretched man
addreffed hialfelf to the Court and Jury nearly in the
jullowin7 words—
" My Lord, and Gentlemen—l (land before you
in this place to day, a writched and awful example
~f mifery, of gad:, and of difgraee. That I have
.7,mmitted the horrid deed laid to my chaise I have

The 'Court was crowded in every part, and par-
ticularly with women ; and not only thole, but the
Jury, the Connie!, and all prdcnt, were melted into
mars.

John new wai next put to the bar, and tried
upon an indilmcnt for a burglary and robbery in the
dwelling.houfe of Robert Shawe, Efq. Ncw Bridge-
ftrcet, near Blackfriars, on the sth of November laft,
And (leafing therein a number of Bills of t.xchange,
feverally, for furns of 3071. Bs. t id.
,5001. 4341. 35.
5001. tool. 251. 3601. twenty guineas in gold, eleven
half guineas, flatten (even Willing pieces, three
crowns, four half crowns, three Bank notes of 51.
two of al. three of tl. and one of aol. a miniature
piaure fet in gold, a pocket compafs, and a number
of foreign flyer coins.
The cafe, as flabllantiated in evidence, was as fol-
lows :

Robert Shawe, Efq., who lives at No. 15, New
Bridgellreet, Bridewell Precin&, Blackfrian, is an
eminent folicitor. There is a back entrance to Lis
office frt,m Tudor.flreet ; firft through an exterior
door, which is ufually faflened in the infide by a
double fpring lock and a chain; fecondly, by a glafs-
door, and lafily, by an iron folding door. The Fri,
Toner had lived formerly with him as a footman, but
had fince left him, and taken a pablic•houfe in the
Borough, at the fign of the King's Arms, the corner
of Ditty-lane and SuffolkAreet. On the night of the
robbery Mr. Shawe continued writing in his office till
ten o'clock ; the doors between his office and the
Ilreet were all bolted and fattened in the ufual mane
net before that hour. He went to bed at half pall
ten, and role in the morning at half pall feven, when
Ibis fa rant came to him in his dreffing-tooro, and in-

from tranfportation, previous to the ez +i-riots of
his fen•rrce.

tinned him his office was broken open, and hii defk
robbed. He went immediately and examined the
premifes; the doors to the greet were found Open,
the fire-irons in the office were found removed from
their ufital place, and lying on the floor, near the
deli, jn the forcing of which it teemed as if the po-
ker had been ufed. The drawer in the defk,(andthat
drawer only), in which Mr. Shawe ufually kept mo-
ney, and in which was all the property already men-
tioned, on the preceding night, was broken open,
and all the property gone. The prifoner had been in
the fcrvice of Mr. Shawe, it was his bufinefs to attend
sad (weep out the office, and he had frequent oppor-
tunities of Geeing and knowing the drawer in which
Mr. Shawe kept his money. The whole of the pro-
perty in the defk was exclufively Mr. R. Shawe's,
except a :01. note, a 11. note, and five (billings, the
property of Richard and Robett Shawe, paid to him
that morning by a client ; and the bills of exchange
were the property of John Chand, drawn in his fa-
vour, and endorfed by him to Mr. Shawe, as part
of the Mate of a Mr. Craig, deceafed, and for the
purpofe of being paid to a Mr. Loofely. No fufpi-
cion fell upon the prifoner ; but in confequence of
fome information afterwards received by Mr. Shawe,
about a Bank-note, he obtained a fearch-warrant from
the Lord Mayor, and went with the City Martha],
and Come other peace officers, to the pi ifoner's hotel
—they first fecured him, and went up Oaks to his
bott room, where they found a (mall trunk, in which
nearly the whole of the property was found; k was
fealed up in the prefence of the Officers, opened
again in the prefence of the Lord. Mayor, and the
property being identified, it was again fettled, and
remained in his cutlody ever since. The box silo
contained a book, in which appeared a receipt from
the prifoner's brewer, dated the 6th of November,
for 341. 4s. Mr. Shawe's cook, immediately after
the robbery, put an end to her existence by cutting
her throat.
Mr. Shawe had ufed no threats whatever towards
her ; he had taken Ann Steers, his houfe.maid, into
cußody on fufpicion. There was no dire& proof to
thew that any burglary had been effelled by force
from the confide of the premifes, in Tudor-greet;
nor did the keyhole, in the outer-door, perforate to
the outfide ; nor yet was there any proof how it was
that the prifoner could have got in ; but it was con-
jeCtured by the Counfel for the Profecution, that
there mull have been a confederate, though it did
not politively appear who the confederate was. The
indiament laid the burglary, in one of the counts, as
from the infide.
From the evidence of William Harris, the groom,
it appeared that he had accompanied the cook, fince
deceafed, on the Sunday evening after the robbery.
to Tenant's houfe, in the Borough, for the purpo'e
of obtaining from him a note of hand, for Come mo
ney (he had lent him towards opening his public-
houfe; and that Tenant accompanied him back t"
his mailer's houfe, and was (hewn by him int., the
office, where he examined the defk, and laid none
but horrid villains could do fuch an acts. Harris re
turned with him again, and the prifoner, on reading
the account of the robbery, feemed much agitated,
and frequently went in and out of the room, in con•
Infirm, laying there was a thief in his houfe.
John Jarrat, a Serjeant in the toth Regiment, who
lodged in the painter's houfe, Paid, that on the sth
of November the prifoner was at home in his own
houfe till twelve o'clock, and then went out, and d d DRAMATIS reasoag.
Norval Carain R A DIM. V., COldrtrtairl GAM&
not return again until near five in the morning. Jar- Lord Randolph, Mr. GROWL. Royal marines.
rat was kept awake in his bed from one o'clock tll co..ne 0-1. Mr. Do v LE, Cohlftrant Uuarda
the prifooer's return, by the noife made by the p Nona' Dr. SO/ARMS. Staff.
toner's mother and wife, who were crying and It- Lady Randolph, Mrs. I.iTCIUI LU. of the Theatre Royal
menting at his (laying out, and expreffed their fears Covoit Giirarn.
A na, Mr. Lowe° NI.
that he was taken or raked. He next morning told Ths: Farce was T Prize; the tharaCtersits follow
the prifoner of this circumstance ; but he answered l.rriofvr, Cdplatn 1311ADDYLL, Coldftrearn Guards,
they were apt to be alarmed without route, and that Lahti, Mr. 07Y LI. Cold ftream Gear&
he had only met with a young man who had taken cedie• Pr :,011/.4kas,titaff.
him to a dance, which kept him out. Jarratt con- I.l'rbta"‘ll' 14.1 r. FARMER, ItoyAlMarincr.
Mr.. AI CO r.
tinned in the bode until the pi ifoner was taken up ; Mb
r.. C.ohlr, 1... W:
on.
and about two days after, he remembered the wife And Caroline, Mr.. Dowrov.
to be abfent from home two days; the laid, nn her TUN/MIDGE W1,L1.3.-..-.11119 romantic and healthy
return, the had been to fee fo:ne friends at Want.- (pot has been this year as much favoured by lifbion,
as by nature ; the feats was uncommonly brilliant,
worth, but the appeared to have been a greater dif-
tance, for the was much fatigued, wet, and feemed and (till retains lustre in that refpea, as many eople
to have travelled all night. of fafhion have (pent their Chrittmas there. P.
A Bill of Exchange for 3601. ore of thole Rosen, and flippers for the young and gay have been varions,
was now produced, and a Mr. Hadieigh, who is a and the pleafant dinners and patties given by the
el.g int Mrs. CHArLIN, are much liked, who has
bookfeller, flationer, and filverdealer, at Farnham,
in Surrey, proved that this note had been tendered ft Cot much time there, her hand is open to the poor,
to him in negotiation, on the 13th of November, by and her table to the fenfible. Mrs. BYNO'S parties
the prifoner's wife, who at the lame time, purchafed are the ton, and her dinners numerous: in (port fa.
from him fome falt-fpoons, which falt-fpoons had been ciabilny and fociety, are to be found at the Wells,
found in the trunk before-mentioned, and being now the libraries are the lounge of a morning, where
produced, were identified by Mr. Hadleigh• good fifes, the newfpapers daily, and recent publica.
A Bank-note of tot. was next produced, and proved tions, are to be found.
by David Thomas, Clerk to a Mr. Tavel, linen-dra-
On Tuefday, as a chariot, with two ladies in it, was
per, in the Borough, to have been puffed to him, on
driving down Holborn, the foot•board gyve way,
the 6th of November, by the prifoner's wife. This
and_ the coachman was precipitated acrols she pole.
note was afterwards traced thi ought above a dozen
Tire poor fellow was In extremely frightened, that
other hands, into the Bank, where it was flopped, as
he could not curb the !tortes, though he held the
the number had been given in by Mr. Shawe.
reins in his hand, in confequence of which they ran
The next material evidence produced was two let-
off full fP eed, the uttering ladies the molt piteous
tars, fucceffively written by the prifoner lance his ap
(bricks, until the horfes were fortunately fir pp d at
prehenfion and commitment, and dated from New- the bottom of Holborn hill. The 11:v1:it behinde the
gate, addreffed to Mr. Benjamin Samuel, in Spiral.
carriage, in attempting to get off, had one of his legs
lace.rssted in a molt dreadful manner, hut the ladies
fields, one of which was on 'l'hurfday given op to Mr.
Nalder, the City Mar (bal. There letters were to de-
and the coachman received no perfonal injury.
fire Samuel to attend as a witnefs for the prifoner :
An old oracular .12yi,Inun., who has got the appel-
&it before the LORD MAYOR, and afterwards upon
lation of " Tadee L'OTTI the frequent ufe of
his trial, and to fwear that he Samuel, was in the
houfe of the prifoner about eight at night on the 6th the term in his ordinary eserverfation, was heard to
addrefs, the t;.er even:llg, a large company of his
Take notice,
of November, and law two men come into the room
acquaintance in the following ilile :—r'where he was, and give the prifoner a canvas bag,
like a (mall (hot bag, which they defireslhim to keep, Geatlem.n, that BONAPAR rE will link as rapidly as
and they would call for it when they wanted it : that he role. Take no:tee, that Ile cks will be very little
one of thole men was a groom, whom he heard the affected by a Spanifir var ; but above all, take no-
prifoner call William Haiti., and tile other a font- tire, my friends, that on the 2Foli infant commences
man, who wore his hair powdered, whom he called one of the richelt, moll attraltive, and heft confirat.
h
William, but did not remember his fecond name (tx-
ed fe emes of a Lottery, ever known in the annals
atlly refembling the groom and footman who then of Fortune's Wheel."
,
lived with Mr. Shawe, and who appeared this day No. z 6, COINHILL.—HORNSBY and Co. beg leave
as witnelfcs) ; and for fwcaring this, hE ptomiled Sa- to app: ize thc;r numerous Friends and the Prenlic,
mud any reward he requited. Samuel proved h;s
that me fate of Tickets and Shares in the efevit Lot..
having had fome conversation with the prifoner(ince tery, which begins drawing the 28th irritant is fu very
his apprehention, and previoufly to his receiving great that is there little doubt but that, die 25,0,0
thofe letters ; and they were not denied to be the per- ricketa will be finally difpofed of. Ho:case? and Co.
Toner's handwriting. therefore, recommend an early purcleale to thofe who
This was4he firm of the evidence upon the cafe ; purpofe adventuring, lett by d•la..y they may be dip
the prifoner 'made no defence ; and the Court, after appointed of obtaining a chance, for the grand Prizes
recapitulating the tellimony, left the Jury to their which the Scheme contain .--N. B. Orders by letter
conclusions, who, after retiring tome contiderable 91 carrier executed exa(tly cn the lame terms as if
time, returned a verdia of—Guilty. Death. prefent. Ali Prix s wlealbee of 20L or 2500,21. paid
Pin Hollis was capitally indif:ed for, returning , on demand.

It appeared that the prifoner had been conviEtzd
of felony on the 26th Oetober, 1803. and fontenred
to feven years tracfportati•m. In M reit, 1804. he
was put on board the hulk at Woolwich, and then
received his Majelly's pardon, on condition of frrv-
ing in the nary until duly difcharged. In the month
of November iall, he was ken at large in the neigh-
bourhood cf Ilolborn, by one of the police officers,
who, immedia:ely recolleding him, took him into
cußody. At the time he was apprehended, he was
in the company of a woman of the town, who had
been Once cnnvided of a felony and tranfported.
The nrifoner, when called upon for his defence,
Rated, that he had been permitted to go on (bore
by his officers, and he did not know be was guilty of
any thing improper in In doing.
The Jury found him—Guilty.
jobs Silk was capitally convilled of burglarioufly
breaking into the houfe of Charles Taylor, and Peal-
ing thereout fourteen pounds of tea and other ar-
ticles.

This man was capitally convided of a felony on a
Former feffions.

Mary yealinr, indi.ted for having a two pound
Bank of England note inlher poffefflon, knowing the
fame to be forged, moved the Court, by Mr. Az.isv,
her Coonfel, that her trial fhould be put off until the
next Setrions ; the motion was grounded on the ab.
fence of three material witneffes, and becaufe flu was
not allowed to communicate with her friends until
Saturday Intl, and had not got poffellion of her books
until Thurfiay. Ordered by the Court to (Landover
till the firlt day of next Seflions.

Five were convißed of felonies, viz.
J. \Valor!, for itealing a pair of breeches, the pro-
perty of W. Page ; T. Kearney, for healing peWter
poi, the property of A. Miller, &c. ; Martha Need-
ham, for tie.liing a piece of calico, the property of
J. Teafdale ; Margmet Sullivan, for healing a grid.
iron, the property of Mary Jones ; T. Young, for
healing an ox's head, the property of T. Ovington ;
and three were acquitted.

The Earl of St. VINCENT was fo much indifpored
with the gout, yeflerday, AS to keep the bottle.—
The Conntefs, we are happy to inform her friends,
has arrived in town in perfect health, with the inten-
tion of paying her compliments to the Qtssw, on
her MAJISTY'S birth-day.
The remains of the late Earl of Rosssyw were ytc-
itrday removed from Slough to the Foundling, for
interment this evening, in the vault of St. Paul's
Cathedral. They will he depofited between the re-
mains of Sir Jos tt us REYNOLDS and the philanthro-
pic Mr. HOWARD.
The Amateur Theatrical Performances at Ro.
the lad Wednefday, were attended by a very
:"plendid, elegant, and numerous audience. Epee-
,ation was fo firongly excited, that aU the places in
the Theatre were let at double price, and even the
gallery was Cs.
The whole of the performers acquitted themfelvei
very ably in the play and farce, but particularly Capt.
BRADDYLL and Mr. DOYLE. The performance was
for the benefit of the Poor, and the Play was Dowg.w.
For the gratification of our theatrical readers, we
fubjoin the

LAW INTELLIGENCE.

COURT OP CHANCERY, JAN. it.

The Loa)) CHANCELLOR, iminediatey on entering
The Court, proceeded to deliver hi. judgment in the
cafe of the eleaion of a Minitler for the Piriat church
of Sr. James, Clerkenwell, a cafe depending upon
popular elatinn, and which had been argued at
great length at the bar on a t,rmer day ; the patti-
culars are already befote the Public. The fuhaance
of which was, that of an application to his Lordatip
for an injunaion to r:ftrain the Whop of London
from granting a licence to the Rev Richard Landon,
Clerk, to officiate as Minifter of that pain, to rearairi
him from applying for loch licence, and the Church-
wardens from proceeding to accept of him as Mini-
fier of the Parith, &c. on the ground that the late
elation, at which this Rev. Gentleman had a majority
of votes, was void.
His Lordillip Rated the origin and prngrefs of
this matter from the year 1686, when an initrummt
was executed on which the elation of a Miniaer of
the church of this pariffi became popular, down to
the time of the judgment of Lurd Hardwick upon
the cafe of the Attorney General and Packer, and
then took notice of the decree in the Court of Ex-
chequer, by which it had been decided that the right
of eleaion of a Minilter in this parith was in the in•
habitants parithioners of the laid with, paying
church and poor rates ; making very leatned obfer
stations on ditTerent parts as he proceeded ; and then
lie came down to the prelim time, and to the imme-
diate points of this elation ; to which his Lordfhip
fail he had attended, as it was his burin& to attend.
Conlidering the queltion merely one of civil right, he
could not help lamenting that the nomination of a
Minitler of a Church, whole office it is to preach the
word of Goo, and to inculcate the Chriaian ptinci.

plc: of peace on earth, and good will to man, ihould
be fuhjeet to all the contentions and litigations which
had attended the preterit fcene of pcpular elenion,
and which had elided in this parifh for tywArds of
a eentury, as appeared upon record. This, he
could with, had been otherwife ; but he had nothing
jlidicially to do with that ; he mull confider the ci-
vil
rights of the parties before him, anti to take
means, as far as he had any thing to do with the cafe,
to enforce thofe civil rights. Whether either of the
candidates was a petfon competent or incompetent.
gi or unfit, for the difcharge of the facred &tie, of
g istiniller of the Gape!, were topics, as well as all
others of the like nature, which could not be diiiiiff-
ed htfore him ; (ince it was not hi, province to de-
cide Upon them ; he mutt prefume that whoever was
the objeft of the licence was a fit perfon for the office,
and this he did for rcaftms which the law (attained
in ail cafes of the like nature.

When the parties came to addrefs themtelves to
the duty of making this nomination, for it was a
&grand a very ferious one, the parilhioners felt, as
be believed every man of learning in the law would
fay, ought to be felt, that great difficulties belonged
to the fubjea. They bound theinfelves by laying
itpwn certain roles to govern their conduit ; and, on
attending, his L, rdlhip laid, to what had been ad-
dreffed to him at the Bar, he did nut fiad that the
topics of oblation to this elation had gone much
farther than this—That the rules laid doers at
this elation, arc not agreeable to the decree made in
the Conn of Exchequer," and fecondlY, ""That the
eonduft of the parithioners who voted at this elation
had not thus the mouths of thole who did not ; but
that parithinners who were not prefent at the election
bad an intereil in the caufe of that elation, or ra-
ther in the principle on which that elation was con-
duBed, which was violated ; and that, therefore, al-
though nn objation was made but to the cringe pro-
ceeded in, that elation might now to be enntidered
a nullity." On the former part of this matter, his
Loreffhip apprehended it was not neceffary for him
to give his opinion ; he confeffed, however, tills the
inclination of that opinion was, that the words of
the decree of the Court of Exchequer, "That the
tight of elation was in the parifhioners and inhabi-
tants of the laid parifh, paying to the rates and affeff-
ments of the Church and l'oor," were not to be taken
in that Oriel fenfe which requires attn.' payment ;
but his isordthip defired it to be underflood, that he
did not go to the length of giving a judicial opinion
upon that point. He thought he was bound to tan
that if the Attorney General had not, in this cafe,
inch an interea in ehefe proceedings as to damp
every thing that had been done by what was called
" the common content of the par: thinners," it was
but juR to cor.clude, that the eleBinn had been pro-
seeded in ',pip the common principles by whichother
'elations had been held and determined. He could
not conceive, in what circumflances it is to be laid
that the parifh has made an elation " by common
content," if in this cafe they had not made an elec-
tion by common content, tot a vast body of the pa-
rithioners voted, and nobody refilled their right to
vote, and the mere abfence of thole other oarithioners
who made no inquiry, or mole any trouble in the
matter, and who teemed never to have addreffed
themfetves to the duty of attending, or of offering
°Nations to the principle on which the eieetion was
carried on, hi; I.ordlhip did nut think funicient to
Warrant a coneluflon that the elation was not by
common content. Wh:ther the decree of the Court
Exchequer was clear or not, be could net think a
point with which he had at prefent any more to do.
The refult of his opinion then was, that if this cafe
was now before him upon his heating, he thunld Lot
decide it to open the eleCtion ; of COMIC then he
could nal interfere with an injunBion ; and he should
be extremely flirty if by the ufelefs prolongx.ion of
the unhappy diffentions which have prevailed in this
paritb, the evils which attend them lhouli be coati-
,noed ; and he !rutted the parishioners them Elves
tatould feel, that the moil important intereß they have
is :ts maintain with purity the elation of a Milliner
to wirorn they fhoold be attached by perfonal affec-
tion, may be able and wiling to do his duty
in that ulna important Ration ; but it would be ex-
tremely dißicult to find fuch a perfon in future, if it
hale known that before he can afcend the pulpit he
tout minter the clamours and other numerous in-
•ecmvhpibttciesof a popular eleBton in loch a para.
His I,ordfbip could not help concluding with this
6bfetVition.—that the belt courfe that could be taken
ortmid .be to regulate die matter by Ad of Parka,

J.
MMak