Star.
London, England, 1821-08-06 00:00:00

THE,ITRE.

HAYMARKET.—A new Comedy, in three acts, un-
der the title of Rise and Fall, was on Saturday even-
ing performed for the first time. The characters
were cast as follows :
Sir Omnium Traffic, a rich Speculator, Mr. Wita.taras
Sir Robert, a Nabob - - - Mr. Yoescaa
Herman, a Hamburg!' Merchant - Mr. liaaca
Sr nsitive, a Village Schoolmaster - Mr. &was
Tramplay, a Literary Adventurer - Mr. Tamar
Voluble, an Attorney - . Mr. (hammy
Criroutte, a French Valet - Mr. DC CAM!
Dogrose, Sir Omnium's Garrlener - Mr. TarLacres
Plau,ible,_a Man of the World - Mr. Lacs
Miss Traffic, Niece to Sir Omnium - Mrs. TAIMEURIC
MISS Plausible - Miss Bores
Rose, the Gardener's Daughter, beloved
by Sensitive - - MU. CHATTICILLILY.
Mrs. Barbel, Landlady of the Globe Mrs. Parses
Chambermaid
The incidents of the Piece are briefly as follows :
Sir annum: Trelffic, a rich speculator, has, at the
opening of the Piece, recently arrived with his niece
Miss Tree, at his splendid villa, displaying in their
progress and establishment, the extreme of modern
magnificence and extravagance. On their arrival
they are addressed by their head gardener Dogrose,
and his daughter Rose, and solicited to patronize the
marriage of the latter with Sensitive, a worthy and
well educated young man, but in reduced circum-
stances, owing to the misfortune of a deceased parent.
The Baronet and his niece object to a marriage not
originally arranged under their sanction ; and treat
their dependants with extreme hauteur. At this in-
stant they receive an electrical shock, by the news
that the agent of Sir Ontnium, in whose hands, and at
whose disposal, he had not only placed his own pro-
perty but the fortune of his niece, had absconded.
lty this circumstance he is reduced to poverty, and
to the absolute necessity of selling his estate; whilst.
on the other hand, the unassuming village school-
master, Sensitive, becomes unexpectedly possessed of
immense property by the death of Si ;Robert, who,
having been originally a servant to Sensitive's father,
*ad by his aid and assistance fitted out for India in
early life, where be accumulates a fortune, he, in
gratitude, wills his property to his old master's son.
Sensitive becomes the purchaser of the Baronet's
splendid mansion, and thus originates the title of the
l'iece, Rise and Fall. In spite of every temptation
thrown in his way by Miss Tree and Miss Plausi-
ble, Sensitive continues faithful to the humble Rose,
whom he kletermines, to marry ; and at the same time
he promises to assist his friend Tramplay, a literary
wanderer in the service of the periodical press, with a
loan of money, when a clause is discovered in the
will of his benefactor Sir Robert, which restricts him
from marrying for three years, or lending any sum
of money exceeding £3, on pain of forfeiting the pro-
petty. Whilst perplexed by these unexpected draw-
backs on his happiness, it is discovered that Sir Ro-
bert is still living, having escaped a shipwreck in
which he was suppoied to have perished. The
treacheryof Sir Osmium's agent also turns out to be a
fabrication, intended to cure him of his dangerous
and ruinous passion for speculation. The Baronet,
therefore, resumeshis estate, while Sensitive imagines
himself again reduced from £15,000 a-year and a
splendid establishment to the superintendence of his
little school. At this period, however, Sir Robert is
introduced in his proper person, and makes an ample
provision for his adopted heir, who is united to his
dear Rose, and all parties are rendered happy.
Of these materials the Comedy is constructed: re-
port, and we believe in this instance she is correct,
names Mr. T. DIUDIN as its author; and we feel
much pleasure in adding, that of the many success-
ful Pieces which have sprung from the lively and
prolific pen of this long-established favourite of the
Public, none have been more completely so than this
last production. The dialogue is easy, pointed, and
full of vivacity. It is wholly free from affectation,
or those forced attempts at wit, frequently wholly
unsuited to the characters made to utter them, or the
situations in which those characters are placed. The
sentiments in Rise and Fall flow naturally, and ate
appropriate: the most convincing proof of this fact
was, the impression which they made on the audi-
ence, expressed by the repeated applause which they
called forth. Entire originality of character it would,
at thi, period of the day, be extravagant to expect
or require ; but it is some time since we have seen a
Piece possessing so great a cfairn to approbation,
even in this respect, as that of which we are now
speaking ; and where the characters are not wholly
original, they are drawn with such discrimination,
and so well preserved, as to render them most ef-
fective. The character of Sensitive, in particular, is
a most successful effort; it displays a happy mixture
of refined turn of mind, with habits formed in humble
life. Mr. JONES, who resumed his professional avo-
cations in the Haymarket Corps on this occasion, did
ample justice to the character; the Piece received
the most essential aid from his efforts. The charac-
ter of Rose is also one pleasingly drawn, and it was
most efficiently supported by Mrs. CIIATTERLEY.
Volubk, an honest and eccentric lawyer, introduced
early in the Piece, excited a feeling prophetic of the
ultimate success it met with. Oxfsznity hit off the
character in a manner most satisfactory to the audi-
ence, and, we have no doubt, most pleasantly to him-
self and the author. Of the rich speculator, Mr.
DIBDIN has not made much ; but every feature in
the picture cannot be equally prominent; the great
object to be attained is, to observe correctly the pro-
portions of light and shade, and thus preserve the
keeping of the whole production. What we see of
Sir Omnium is good, and his representative, Mr.
WILLIAMS, supported him very respectably. The
excellent acting of TERRY made us desirous of seeing
mere of Tramplay. This character is the least effec-
tive of the Piece; the reason is, that Tramplay is
thrown into a situation where he can have no real
business, and therefore he does not harmonize with
the other figures on the canvass. De CAMeS French
Valet was good, and loudly applauded. He intro-
duced a song in the third act, burlesquing the early
attempts of a young singer, in the act of " Solfeggio,"
which was well sung; it possesses considerable merit
as a production of this description, and was encored.
TAYLEURE gave a good picture of rustic manners in
Dogrose. Mrs. 'larcener, Miss BOYCE, and the other
performers, exerted themselves successfully in their
respective -characters. In point of decoration, the
Piece is extremely well got up. On the falling of
the curtain, Mr. JONES canie forward, and, amidst
general applause, announced the Play for repetition.

HOME CIRCUIT.

HERTFORD, AUGUST 2.
The Home Circuit commented here to-day, before
the Hon. Mr. Baron Woon on the Nisi Prins Side,
and the Hon. Mr. Justice BURROUGH on the Crown
Side. The business on the latter side is less than the
average quantity, there being only about fifteen cases
in the Calendar, very few of which are capital offences.
In the most heinous case, namely, a commitment for
rape, the Grand Jury threw out the bill of indictment.
On the Civil Side the business is about the usual qnan-
, city. Sixteen causes are entered, two of which are
Special Juries. In the three cases of actions of debt,
on the Statute of 2 Geo. 11. for bribery at the last
Election for this Borough, the records were with-
drawn. None of the, cases on the Crown Side to-day
were of public interest.
CIVIL. SIDE.
SEDUCTION.—DUNHAM V. BATCHELOR.
This was an action against the defendant, for se-
ducing the daughter of the plaintiff, whereby he lost
her services.
Mr. BRODRICK stated the plaintiff's case with con-
siderable ability. It appeared from the evidence of
the daughter of the plaintiff, a young woman of pre-
possessing appearance, but whose demeanour under
examination was perfectly degagee, that her father
was a bricklayer, in respectable circumstances, re-
siding at Wheathampstead, in this County. She was
about twenty-three years of age. About three years
I since, the defendant, a young man of the same age,
by business a journeyman baker, in the same village,
paid honourable addresses to her, but to whom she
had surrendered her chastity, and in the month of
April last she was delivered of a shild. Her father
had paid the surgeon's bill, and had since maintained
the child. She had three brothers and two sisters;
the youngest of the latter was eighteen years of age.
On her cross-examination, she admitted that her
eldest sister had had three children by a man to whom
she was not married, and all of them were born under
her father's roof. She also admitted that the de
fendant boarded in his master's house, and received
ten shillings per week wages. Previous to the birth
of the child, the defendant offered to pay £3 for the
expenses of the lying-in, and 2s. 6d. a-week for the
maintenance of the child. The plaintiff agreed to
these terms, but required the defendant to procure
the security of his father. To this the latter consented,
and appointed a day to meet the plaintiff, but the de-
fendant never came pursuant to his appointment.
Mr. MARRYATT, in his address to the Jury, urged
the topics which obviously presented themselves from
the circumstances proved by the young woman, who
WAS the only witness to prove the case.
The Jury, under the Learned Judge's directions,
found a verdict for the plaintiff—Damages £lO.
DOE, ON TILE DEMISE OF PAXTON AND ANOTHER,
VellflS DEACON.
This was an action of ejectment, to recover the pos-
session of an estate, situated at Rickmansworth, alleged
to be held over by the defendant after notice to quit.
The estate in question was described to be Wigham
Hall, which had been mortgaged by the defendant to
Messrs. Henry Paxton and John Cressey Hall, the
lessors of the plaintiff, for about 1:10,800, alleged to
consist of old incumbrances, money lent from time to
time, &c. The mortgage-deed was dated on the 29th
of September, 1819, but was not actually executed
until the 11 aof December in that year. It was al-
leged, that afterwards this estate had been let to the
defendant, now a prisoner in the Fleet, for one year,
but that he had paid. no rent, and had held over,
after notice to quit.
The defence set up was, that the money for which
the mortgage-deed had been executed was not paid at
the time of-its execution, and consequently that an
ejectment would not lie.
Mr. Baron WOOD was of opinion, that this was no
defence at law; and, under his Lordship's direc-
tions, the Jury found a verdict for the plaintiff—Da-
mages Is. costs 40s,
CROWN SIDE.
Thomas Johnson was indicted upon a charge of ut-
tering false and counterfeit coin. The indictment
contained two counts—one for uttering the counter-
feit coin, having more of the same in his possession;
and the other for the simple uttering. The prisoner
having pleaded Guilty under the second count, no
evidence was offered in support of the first, and he
was sentenced to six months' imprisonment.
Thomas Clarke Whiffen was indicted for stealing
several pieces of leather, and other articles, the pro.
perty of his master, James Sheppy, a shoemaker, at
Hitchin on the 13th of July last. It appeared in evi-
dence, that on being apprehended on suspicion of the
robbery, the prisoner stated, that a parcel directed by
himself, to himself, would be found at the Coach-
office, in Bedford, containing the missing articles;
that the parcel so described by him was there found,
and did contain the articles in question. In addition
to this, a written confession, made by the prisoner be-
fore a Magistrate, was put in and read, which put
the case beyond all doubt ; and the Jury, under the
Learned Judge's direction, instantly found the pri-
soner Guilty, and he was sentenced to seven years'
transportation.
Edward Mailer, a lad of sixteen, fellow-servant to
the above-named prisoner, Whiffen, was convicted of
a similar charge, under nearly the same circumstances.
Several witnesses appeased to his character, and his
master, with an appearance of much anxiety for his
welfare, gave him also an excellent character. The
Learned Judge, in a very impressive address, ex-
pressed his hopes of the prisoner's reformation, and,
sentenced him to six months' imprisonment in the
House of Correction.
John Rang and James Belcher were indicted for
horse-stealing. It was shewn in evidence, that the
horse in question, belonging to a Mr. Anstie, residing
in the neighbourhood of St. Alban's, was stolen from
his rick-yard in the night of the 15th of March last ;
that on the I6th, the prisoners were seen driving the
horse in a cart, at nine in the morning, about seven-
teen miles from the prosecutor's house, going towards
London, in which was found a sack, containing a large
quantity of fowls, of very suspicious appearance.—
The pi isoners were apprehended by a passenger on
the road, in consequence of their equivocal appear-
ance, and the horse was immediately afterwards owned
by the prosecutor. The prisoners offered no substan-
tial defence, and the Jury, after a minute detail of
the -evidence by the Learned Judge, found the pri-
soners Guilty, and sentence of death was passed upon
them, accompanied by an intimation from the Learned

Judge, that although the law would not be enforced
to the utmost extremity, they would certainly be sent
out of this country for the remainder of their lives.
AUGUST 3.
MORRIS V. OAUSSRN, CLERK.
This was an action against the ltev. Armitage
Gaussen, Rector of the parish of Meesden, near Bunt-
ingford, a Magistrate ofahe county, for causing the
plaintiff, a respectable farmer at Aastey, to be ap-
prehended without any reasonable or probable cause,
and conveyed in iron manacles and handcuffs to the
defendant's house, and for unlawfully imprisoning
him for the space of four hours. The defendant
pleaded the general issue—Not Guilty.
This case excited a very general interest
Mr. MARRYATT stated the plaintiff's case as one
'of great hardship and oppression. On the Bth of
May last, the plaintiff and some of his friends, re-
spectable and wealthy farmers, had been amusing
themselves in shooting young rooks at his farm. It
was agreed that the next day they should meet at'
the. Bell public-house, in the village o! Anstey, to'
divide the fruits of their sport. They were. perfectly
orderly in their conduct, and were quite sober.—
About three o'clock in the afternoon the defendant
came to the public-house, and ordered the landlord
not to draw any more beer. This was a matter about
which the plaintiff was perfectly indifferent. The
defendant then sent for a Constable, and charged the
plaintiff in custody, and ordered handcuffs to be put
upon him. The. Constable not being very expert at
the busine,s, the defendant took the handcuffs and
put them on the plaintiff himself; and, being fastened
to a person named Wheeler, was, in that state,
dragged to the defendant's Rectory, at Meesden,
about two miles distant. At this time the plaintiff
was utterly ignorant of the offence for which he was
so treated. He was, however, sent to the Rectory,
and there confined until the defendant's arrival, about
two hours afterwards. The defendant had taken the
key of the handcuffs with him, and in the meantime
went about the neighbourhood boasting that he had
got the plaintiff in handcuffs. In this ignominious
state the plaintiff was kept an hour at the defendant's
house, before he could be freed. His wrists being
swollen with pain, arising from the handcuffs being
too small, he asked for a little oil at the ltectory,
but the servants refused to let him have any, saying,
that it was as much as their places were worth to
comply. When the defendant arrived he ordered
the handcuffs to be taken off; and then, without any
inquiry, or information on oath, he ordered the
plaintiff to pay a fine of 3s. and to find two sureties
Ito be of good behaviour; and in default thereof,
threatened to send him to the county jail. The plain-
tiff, conscious of his innocence, indignantly refused
to pay the money or find the securities, until he
knew what offence he had committed. The defendant,
however, declined informing him with what he was
charged, and at length, after four hours confinement,
and after consulting the Constable (who seemed to
be a better lawyer than the Magistrate himself) what
he ought to do, he consented to discharge the plain-
tiff. This was a mere outline of the case. The
plaintiff was even yet ignorant of the supposed offence
for which he had been so unjustly and tyrannically
treated. The Learned Counsel supposed it would be
said that the plaintiff had been tippling ; but even
admitting he bad, what law could justify such an
iniquitous abuse of magisterial authority ? But the
fact was not so ; the plaintiff was perfectly sober.—
He had been taken up without a warrant—con-
demned without a hearing, and ignominiously
punished for no crime. Under such circumstances,
it was for the Jury to say what damages a respectable
farmer so treated was entitled to receive at the hands
even of a special Jury, composed of some of the Ma-
gistracy of the county. In the outset of the case he
should not apply those epithets to the defendant's'
conduct which the circumstances of the case would
seem to warrant ; but he would venture to say, that
never was there more ignorance or cruelty evinced
by a Magistrate in these dominions, in the admini-
stration of the King's commission, under the colour
of authority.—Several witnesses were then examined
in support of the statement made by the Learned
Counsel ;.after which,
Mr. WALFORD addressed the Jury on behalf of
the defendant, and opened a case of justification, on
the ground—first, that the plaintiff was a tippler;
and second, that he had been guilty of such con-
temptuous demeanour towards the defendant in the
discharge of his magisterial duties, as would war-
rant him in the conduct he had pursued. He referred
to Burn's Justice, Hawkins Pleas of the Crown, and
Blackstone's. Commentaries, in support of the latter
proposition.
Evidence was then adduced for the defendant, and
Mr. MARRY.VET made an able reply.
Mr. Baron WOOO then charged the Jury, that the
defendant had certainly outstepped the limits of his
authority. First, there was no pretence for handcuf-
fing the plaintiff; second, he had no authority for
punishing the plaintiff in the way complained of as
a tippler; for, supposing it to be proved that the
plaintiff was 'a tippler, he could only have fined him
3s. 4d. and, in default of paying that fine, he could
but have set him in the stocks for four hours. Pro-
bably the excess of authority arose merely from ig-
norance, and without any malicious ,motives. The
plaintiff, however, was entitled to some damages for
the injury he had sustained.
The Jury, which was composed of four esquires
and eight talesmen, after deliberating for about ten
minutes, found their verdict for the plaintiff-
Damages £3O.

AUG UST 4.
TIMSON AND MARRYATT V. BALDERO.

This was an action of replevin, brought by the
assignees of Mr. Charles Baldero, to recover certain
good and chattels taken under a distress by the de-
fendant, in the family seat at Asperton, in this county.
The defendant pleaded as an avowry, that the hate
father of the defendant and the bank being seized in
fee of Asperton, had granted to the defendant, by
deed, an annuity of £lOO, payable out of that pro-
perty, with the power of entering and distraining in
the event of non-payment. The avowry then alleged
that certain arrears of the annuity became due, and
for those arrears the defendant distrained. The plain-
tiffs replied, first, that there was no such deed ;
second, that there were no such arrears due ; and,
third, that the defendant had released the annuity.
This was the second trial of the same cause. Seve-
ral important questions were involved in the discus.
sion, but it was now agreed on both sides to with-
draw a juror upon terms mutually as,ented to.