Star.
London, England, 1820-04-25 00:00:00

THEATRES.

•Ngimmmii•••iim•

DR/AIT-LANE.—The Tragedy of King Lear was I
performed last night, bring, what. will probably be
considered an extraordinary clircumstance in drama-
tic history—the first time it was ever acted at this I
Theatre. Mr. KU‘N was • the representative of;
the aged and injured Mon.:reit, and proved that he
had made no common study of that arduous charac-
ter. Correct in his conception, he never suffered the
warmest bursts of passion to transport him.beyond
the weakness--o.: age. His violence was thitt of the
• .
spirit, not the frame. It had words and looks of
fire, out none of that 'tempestuous agitation which
generally reveals strength of -body and youth of
wind. Yet it was by no means destitute of energy&
No one who once beard, could ever forget the terrors
of the curse, which, in the wild storm of his indigna-
tion, kneeling on the ground, and with-hands up-
lifted to*HEAVEN, he pronounced against his offend.-
ing daughter Conerit. His interview with Regan
presented a most effective display of attachment,
contending with the evidence of his senses, and ob-
stinately clinging to the hope that his daughter is
still faiiliful to her a :; icted father. His cry olegony,
on suddenly recollecting the treatment which his
messenger has experienced, and adducing it •as p
proof of Regan's guile, convincing even to hithself.
burst forth with all the'phrenzy of paternal despair.
But it was in the scenes in which he moves amidst the
tempests and desolations of Nature, like a perturbed
spirit, with only one thought in his mind, and one
feeling in his heart—it was in those scenes of terrific
grandeur that he presented, with unerpralled truth,
the awful spectacle of a soul totally absorbed in des-
pair. The gradual decay of intellect which ensues,
was most skilfully marked. The dreadful progress
of insatlity could be traced step by step, till the men-
tal star set for a time in total darkness. 'When after-
wards flashes of light darted across the gloom, the
effect was almost sublime. Such was his recognition
of Cordelia ; such also the wild spirit with which,
perceiving her danger in the dungeon, he snatched
a sword, darted to her relief, stabbed her executioner,
ad then, in the tumult of alarm and joy, once more
forgot what he had achieved, and almost whom be
had rescued.
,Upon the whole, this performance
does Mr. KEA N infinite credit. It is one in which be
has rather cur bed than given way to his genius, but;
it is also a case in which such restraint was a qualifi-
cation. The audience did ample justice to his merits,
by frequent shouts and repeated rounds of applause;
• and when the Tragedy was over they would heat: it
announced for a second representation by no other
lips than those of Mr. Keax.—Mr. RAE personated
Edgar for the first time ; his reception was most en-
thusiastic, and his 'performance fully justified the
warmth of his welcome. In the scenes of assumed
madness, he was particularly great ; and, on the
whole, we never saw him to greater advantage.—
Mrs. WEST gave an unusual degree of impottance to
the part of Cordelia, and also received an ample
share of universal applause The other characters
were ably supported, and the ensemble of the whole
was perfect.—The scenery is new and most excellent,
and the motion imparted to the trees during the
storm, to imitate the effect of the wind, added power-_
fully to the ten ors of a scene, rendered little less
than sublime by the sudden breaking out of a cataract,
and the partial conflagration. Previous to the per-
-. far mance of the Tragedy, the Anthem of GOD save
the King, with the additional verse, was sung by
nearly the whole theatrical corps, with great effect,
the .audience all standing and- uncovered, warmly
joining in the chouruc. The House was crowded in
every part. The Duke of WELLINGTON, the Earl
of YAnstouTit, and at long list of distinguished Per-
sonages honoured the Theatre with their presence.
COVENT-GAHM:N.—The excellent Drama of Henri
Quatre was repeated last night, amidst the warmest
and most universal bursts of applause throughout.—
Some judicious alterations and curtailments have
been made ; and the general effect is great beyond
all recent example. The Piece cannot fail of proving
a.lasting favourite of the Public.

PUBLIC LIBRARY, CONDUIT-STREET.---We are re-
quested to state that the New Foreign Catalogue of
this extensive and valuable Library, comprising a
large Collection of the most esteemed Modern Pub-
lications, in the French, Italian, Spanish, and Por-
tuguese Languages, is now ready for delivery; and
may be had through any Bookseller in •the United
Kingdom, or on application at the Library, where
printed Cards of Terms may also be obtained. At
this Library, which is regularly supplied with every
interesting new Publication, Subscribers may be ac-
commodated at any distance from town, with what-
ever Books they desire, by paying a proportionate
subcription.
Last week, the Earl of CnIVEN visited Southamp-
ton, and inspected his yacht, which has been taken
into Dock, and fresh coppered. his Lordship has
given orders for fitting her out with all speed, pre-
r.irrnory to a short voyage.
OF WRLI.INCITON's BANQUFT.—IIIs Grace
has had his mansion (Apsley House) filled with work-
people lately. The grand banqueting room was
opened for the first time last night, illuminated in a
nyle of the most resplendent brilliancy. This match-
less apartment, which will dine at least a hundred
pin-sons commodiously at one long table, is lighted
in the flay by a single window of vast dimensions,
next the Park. The pilasters are simple, and very
agreeable to the eye. The furai:ure is not yet com-
plete. A dinner has been given to try the effect.
According to advices from Jamaica of the 26th of
February, Bouvaa took possession of Calaboza on
the sth of that month, and soon after entered Ortez,
having dislodged the Spaniards, under MORALES,
from both places, after some hard fighting. Part of
Bot.tvA a's Army had at rived at Savanos del Ocu mare.
Nonti.Lo was at Valehcia .vi 4000 men, where he
was to be joined by
.the remains of Mon-aces force,
Nvith the intention or making a grand stand against
the further progress of the \ enezaeleans.
According to information from CaJiz, of the 30th
ult. the, duties on wine, barilla, &c. the most un-
F.pular.measure adopted by ERDINA ND ',previously
to hi.; acceptance of the Constitution, have been
removed by the Government,.
iand an order to that
sect had reached Cadiz. IN th respect to the com-
mercial affairs of Spain in 4encral, nothing would
be done until the deliberations of the Cortes had
commenced.

LAO INTELLIGENCE.

COURT OF KING'S BENCII, APRIL 24.

TUE KING U. Slit FRANCIS BURDETT. •
This case, which was expected to be heard on Sa-
turday last (in which expectation
.the defendant, ac-
companied by Mr. HOSHOUSE and another tentle-
man, were then in attendance), came on for hearing
this morning early. Sir FRANCIS BURDETT, attended
by the same Gentlemen, was present in Court.
Mr: DENMAN said, he had to move the-Court in
this case, which *as that of a criminal information,
tried in the county of Leicester, at the last Assizes,
and upon which the defendant had been found
guilty, that the Verditt should be set aside, and a new
trial granted. His first ground, in submitting this
motion, was, that there bad been no evidence to go
to the Jury, of any publication within the county of
'Leicester. He had taken that objection at the time
of the trial ; but the Learned Judge was of opinion
that there was evidence on which a Jury might de-
cide, but had reserved to him the benefit of his ob-
jection at some future. period, previous to judgment.
Mr. Justice BATLEY asked, what was the charge
in the it:formation ?
Mr. DENMAN replied, that the defendant had com-
posed, written, and published a certain letter, and
had caused and procured it to be so composed, writ-
ten, and published, near Loughborough, in the county
of Leicester. The first witness called was Samuel
Brookes, who stated that he lived at No. 1( 1 Strand,
London. He knew the defendant, and was acquainted
with his hand-writing. On being shewn the paper
in question, he said he believed it to lie the hand-
writing of the defendant. It came to him through
the hands of Mr. Bickersteth, a professional gentie-
man ; it was in an envelope which had been mislaid.
He had formerly looked for it, but could not find it.
It was not sealed. He did not look at the envelope
to see whether it had a post-mark on it. He could
not recollect the day on which he received it. The
envelope contained no directions to him, but merely
to Mr. Bickersteth to pass it to him. When he re-
ceived it, he sopposed that it was intended that be
should publish it. He sent it to several papers, and
afterwards saw it in .The. Times, but could not recol-
lect when. The letter was dated the 22d August,
and he believed he might receive it a day or two
afterwards. The letter in question was dated 'Kirby
Park; and another letter was also put in as evidence,
addressed to Lord Sidmouth, likewise in the defend-
ant's hand-writing, and containing an admission that
be was the author of the former. In addition to
Mr. Brookes's testimony, there was that of a person
named Tooke, on the subject of hand-writing ; and
also the evidence of Wm. Simkin, a toll bar-keeper,
near Kit by Park, as to his having seen Sir Francis
Burdett riding about in that neighbourhood on the
and 23d of August, the letter in question being
dated on the 22d of August. There was nothing
in all this, as he conceived, from which a Jury could
be justified in inferring that a publication had taken
place within the limits of the county.
The LORD CHIEF JUSTICE asked whether there
was not sufficient evidence of the writing within
the county?
Mr. DENMAN replied inthe affirmative, but argued
that the writing must be considered as a perfectly
distinct act. It was not criminal.by itself: however
mischievous when published it might be calculated
to be, yet, as long as the author did nothing more
than commit his thoughts to writing, he was under,
no legal responsibility. There was an Act of-Par-
liament which must be familiar to all who were
.versed in the history of our Constitution ; he alluded
to the Act which reversed the attainder of Algernon
Sydney, and in -which this principle was fully con-
firmed. • By that it was declared, that mere writing'
was not a sufficient proof of an intention to publish.
The LoRD CHIEF JUSTICE asked whether Mr.
Denman had the Act ?
Mr. DENMAN said, No ;it was a private Act. He
must submit, therefore, that with whatever intention
an individual wrote or composed, and however cri
mina] at law such composition might be when corn-
municated to others, the mere writing was in itself
no offence. His Learned Friend, Mr. Serjeant
Vaughan, had endeavoured to.maintain the contrary
doctrine; but it was declared from the Bench, upon
that occasion, that the doctrine was untenable.

Mr. Justice BEST.—" I stated to the Jury, that as
far as Sir Fl ands Burdett was connected with this
paper, the only material evidence was as to what
took place in Leicestershire. I believe I also Ob-
served, that in Dr. Hensey's case, which is to be
found in the first. volume of Burrough, it was held,
that dating a letter at a particular place was evi-
dence of its having been written there. In the pre-
sent case, there was also the additional evidence of
the toll-bar-keeper, which did not, however, go to
any circumstance relative to the letter being sent by
the post, but simply spewed that Sir Francis Burdett
was near the place at. which the' letter was dated
upon the 22d of August. The very first time, how-
ever, that the letter is seen, it is found open in the
County of Middlesex. It had no seal Lon it, and
might have been delivered open in Leicestershire,
which open delivery would have amounted to a pub-
lication. These were circumstances which I thought
tit for the Jury to consider. The Jury expressly
found that it was published in the County of Leices-
ter; inferring, I suppose, that the letter was deli-
vered to Mr. Bickersteth, who was not called, and
that this delivery took place in Leicestershire."
Mr. DENMAN said, he was not aware of any disfi
tiuction taken on the trial, as to whether the de-
fendant had caused the libel to be published in Lei-
cestershire. The objection on which he relied was,
that there was no evidence to go to the Jury of an
actual publication in Leicestershire, and as his Lord-
ship bad said that there was such evidence, he did
not address hithself to any collateral question. He
now, therefore, urged with great- confidence, that
the objection taken was well founded, and insisted
that the defendant could not be answerable for the
waiting and composing the libel alone, because there'
must he a distinct publication proved. The case of
the Seven Bishops was decisive to shew the neces
sity of making out'the venue- of the publication.
The CHIEF JUSTICE said, he wished to be satisfied
by some authority, that the mere writing and com-
posing a libel, without publication, was not a crimi-
nal act for which the author was punishable. The
case of Algernon Sydney was totally dissimilar from ,
the present. He had before him an authority no less '

than that of Lord Chief Justice Holt, which was
quite the other way. - His Lordship alluded to the
King e. Beere, 12 Mod. 219, where it was held on
anindictment for " composing, writing, and making
a libel," a verdict of Not Guilty as to the making and
composing, but Guilty of writing it is sufficient.
Mr. Dimon rt said, that Mr. Serjeant Vaughan bad
so argued at the trial, but he believed that the case
referred to had ceased to be law.

Mr. Justice BAYLEY called upon the Learned Coun-
sel to cite some case in which it had been overruled.
The case of the King v. Beere had undergone much
consideration, in consequence of the decision -In the
King v. Payne, adjudged three years before, where
the Jury negatived the publication, and found the
defendant guilty of the writing, and he was very se-
verely punished. The King v. Beere fully esta-
blished the doctrine, that writing and composing a
libel, though no publication takes place, is sufficient
to sustain an indictment.

The CHIEF JLSTLCE said, he was rot aware that
the King v. Beere had ever been overruled, and his
Lordship read the opinion as there delivered by
Holt, C. J.
Mr. Justice HOLHOYD said, that in the 9th Har-
grave's State Trials. 273, there were two cases which
expressly laid down the same doctrine as that ruled
in the King v. Beere.
The whole Court-seemed to be of opinion that this
case was still good law, and they also thought the
question, whether the defendant had caused the libel
to be published in Leicestershire, in order that it
might be published in another county, was well left
to the Jury, and. proof that he did so was sufficient
to support the indictment.
Mr. DENMAN said, that neither of the propositions
now suggested was under consideration at the trial,
and therefore he was not prepared to argue them.
He c. me prepared merely .to discuss the question
whether there was su:licient evidence to go to the
Jury of publication in Leicestershire, and he insisted
that there was not, referring to the King v. Watson,
1 Camp. 21.5 ; the King v. Williams, 2 Camp. 506 ;
the Dutch.Consurs case, 7 East Rep. 65; and the
King v. Harris, tried lately before the present Chief
Justice at the Mtintnouthshire Assizes. The Learned
Counsel then addressed himself to the second objec-
tion, contending that he was at liberty to offer gene-
ral evidence to spew the fairness and truth of the
alleged libel. He had tendered evidence to shew
that women and children had been inhumanly cut
down at Manchester; but the Learned Judge had
refused to receive it. Had this been a libel upon an
individual, he admitted that evidence of its truth
was not admissible ; but being composed of general
observations touching facts capable of proof, he con-
tended that the defendant was entitled to the benefit
of such evidence, to negative the malice imputed by
the information. The case of the King v. Horne, in
Cowper's Reports, was a decisive audio: ity upon this
point, as was also that of the King v. Stockdale, in
which Mr. Justice Best was Counsel. The third ob-
jection was, that the Learned Judge, in his address
to the Jury, when commenting upon the Libel Act,
32 George HI. charged them upon the law of the
case in a manner inconsistent with the whole Spirit
of the Act, the object of which was to leave the
Jury to the unqualified exercise of their own judg-
ment upon the law as well as the .fact.. His Lora-
-1 ship said, " It is my duty, under the view I take of
this Act of Parliament, to tell you, as matter of law,
that this is a libel, and it is for you to say, whether
lyou will adopt that opinion, collecting the facts from
the evidence ; and unless you are satisfied that I am
wrong, you will take the law from me." This, the
Learned Counsel contended, was an objectionable
mode of leaving the case to the Jury, who would
naturally think they were bound to take the law in
this particular case from the Learned Judge, without
exercising that privilege which the Libel Act gave
them—of judging for themselves upon t►he law as,
well as the fact. Upon these three' grounds, there-
fore, he submitted, -considering the vast import-1
ance of the case, that the defendant was entitled to
a new trial.
The Count COURT seemed to think that there was no-
thing in 'the third objection, and that the Judge,
had properly left the question of law to the Jury; but
'The CHIEF JUSTICE said (after conferring v, ith the
other Judges)—As at present advised, it does not
appear to the Court, that sufficient foundation is laid
before us to grant a Rule to shew cause, but we will
consider the case furthet before we either grantor
refuse it.

THE EARL OF DARNLEY V. ROBERT BLIGII, ESQ.
Mr..GURNEY rose, for the purpose of bringing to
the recollection of the Court the circumstance of Mr.
high's application to it upon the first day of the pre-
sent Term. He had then obtained a Rule to shew
cause why he should not be discharged from con-
finement, upon entering into certain rccognizances.
As Counsel for Lord Darnley, he (Mr. Gurney) was
not now prepared to shew cause; but as Mr. Bligh
had not sued out any Habeas Corpus, it was neces-
sary to consider of means for procuring his attendance.
The Limn CHIEF JUSTICE asked if Lord Darney'
had exhibited articles of the peace during the pre-
sent Term?

Mr. GURNEY replied in the negative ; saying, that
he imagined it might be more convenient to dispose
of the Rule in the first instance; but if the Court
thought other Wise, Lord Darnley was at hand, and
would immediately exhibit articles.' He would hare.
previously done so. were it not for the Rule which
Mr. Bligh had obtained upon the first day of Term.
Ldrd Darnley soon after entered the Court, and
being accommodated with a seat upon the Bench,
exhibited articles of the peace, and applied for-per-
mission to'retire while they were read, on the ground
that the recital would be extremely painful to his
feelings. The Court, however, informed him that his
presence was necessary, as he would have to swear
to the truth of what was read.

The articles were then read, and set forth a long
course of insult and aggression on the. part of the de-
fei.dant towards the Noble exhibitant and his family.
Mr. GURNEY then applied to the Conn as to ap-
pointing a day for Mr. Bligh's appealance ; and a
Rule was made for bringing him up on WedncsJay.

DOW-STUtET.—Yesterday, WeMont Richardsm, a black man,
was ful!y committed for trial, charged with accosting a Captain
in the Navy, in Hyde Park, armed with a large knife, and
with extorting money from him, by a threat of imputing- to. the
Captain a certain offence.
Summit Cxavx. —Friday last, a poor woman named Bartlett,
living at Plymouth, whiLt at her waAln::; tub, suck down, and
idstantli expired.