Star.
London, England, 1826-03-04 00:00:00

.;)VENT-GARDEN THEATRICAL FUND.

The E'eventh Anniversary Dinner of the Covent Gans'
den Theatrical Fund took place at the Freemasons' Ta-
vern, yester qty His Royal Highness the Duke of York
had inrerided to preside, and has returned to London
•
from Belvoir Castle expressly for the purpose, but sor
HalEwd had said that if he went out, and re•J
mained in a hot room f two or three hours, Sir Henry
would not answer for the consequence. • His Royal
Highness being thus reluctantly absent, the Earl. of
Blessington took the Chair amidst applau,e.
After the cloth had been withdrawn, and NonnabisDsatirwaang,
The CHAIIMAN propo,e:l the health of " The King,"
remarking that his M..jesty's health was now Dearly re•
stored, and that if the utmost wishes of this company,
and of his subjects in general, were accomplished, that
restoration would speedily be complete and permanent.
The health of his Royal Highness the Duke of York was
drank, amidst warm expressions of respect and attachment.
" The rest of the Royal Family," and " The Army and Navy,"
succeeded ; after which,
" Prosperity to the Covent•Gatden Tireatrieal Fund."
After the health of " The Chairman," and that of the
al Vice-Presidents," was .given, Mr. JOHN CAM Ho's-
MOUSE returned thanks. He remarked that the attend-
ance and active interference of persons of the highest
rank for the furtherence of benevolent objects was one•
of the most admirable features of the state of society in
this country. We might be said to be seated on the
steps of the Throne--at the base of an eminence on
which was the Monarch crowned by the Constitution.
The advancement of the at ts was the best evidence of
the progress 01 civilization, and he should ever be happy
to promotelt hy all the means in his power.
The health of the Treasurer havinetewn drank,
Mr: FAWCETT addressed the coaapany in a speech
which, after embracing the history of the Institution,
and chewing bow much the stage had at all times owed
to the protection of Royalty, defended the profession
from the chatge of being more immoral than any other
class. " It. is," said Mr. Fawcett, " and ever has been,
the cant of hypocrisy to decry the stage, and its mem-
bers, for their immorality ; and it is not for me to de-
tain yon nevi by a laboured defence of my brethren;
nor had I the leisure, would I attempt to -palliate, much
less to justify many improprieties with which they have
been charged, but I hope I may claims for them an in.
dulgent consideration. Gentlemen, it is the misfortune
of public men,-that all their sins are made public ;
while the obscure sin safely under the cover Of their.,
very obscurity. I would remind those whose private,
rank in society shield them from the crutinizing
eye -of malevolence, how the actor's every actioarei
private as well as public, is laid bare to the
severest animadversions; I would call to the recol.'
lection-of those, who, with too greedy an ear, swat-'
low all that is whispered against them, how terrible
is the attor's punishment, whets he is convicted by these
self-appointed judges:—driven by clamour from the
scene of his offending, he often wanders from theatre to
theatre, from counts; to country, only to receive a
repetition of punishment for faults which perhaps have
been extenuated, or failings, which have long since
been softened by expiation. a Treat every man accord.-
ing to his deserts, and who shall escape a whipping,
says Shakespeare. I would only say of actors and
actresses, consider their number, scrutinize their con-
duct, compate them with the sane number in any otbee
profession or calling, and the comparison will not.
I believe, be unfavourable to them. I therefore havens
beseech you will
• Br to their faults a little blind;
Br to their viruses very kind.'
" As to the stage itself being considered a vehicle for
immorality (governed as k now is), I utterly deny the
justness of such an inference. The vigilaat.eye of the
present highly talented licenser suffers not a word to
escape which has the least approach towards impro-
priety. The' exalted character of the Noble Duke, who
so ably fills the office of Lord Charilberlain, is a gua-
rantee against the possibility of any inimoral or
proper subject being presented to the public. I ans,i
therefore, borne out in asserting, that however undeni.
abe such charges might at some remote period have
been, at present they are totally groundless and without
. foundation. And now Gentlemen, I have the gratifica-
tion to tell you (a it what will surprise you), what I
know you • will hail with much pleasure;—from that
hand, which is open as day to melting charity,'—frorn
that hand, which is never closed to the distressed—
fr m that handlewhich is equally stretched out to all
his subjects, villether they be suffering weavers, or ur.•
fortunate actors—from that g-acions hand we bare this
day received one hundred guineas. I am sum you
will join me in saying, Gun bless the King!—(i.oud
Applause). Gentlemen, it now only rensains for me to
say, that since I had the honour of meeting you here,
eight and. twenty families, (some of them your old
favourite actors), have been made happy by your bene-
volence ; and if, on this day, you should enable us to
make the same hearts gl.d the coming year, we shall,
emir joyfully, become the agents of your bounty."
Mr. Fawcett• having sat down, Mr. Mathews was
called upon for a song, and gave the following, in a
manner peculiarly his own, and said) called total re-
reated bursts of applause:

I rise, Mr. Chairman, my band on my glass,
To move that our annual Money Dill pass,
So firrity we draw unanimity's cords.
We shan't throw it out tbo' it sprung from the Lorilll
Dame Poverty's called by some out-ef-date quis
A nurse to the virtues,' —I date say she is ;
But as to the virtues that crown our dress. pers.
They're apt to prove sick when they're put out to nurse!
Old Shakspeare has said, in his soutaawseing page,
That poor players strut and fret but an hear on the stage.
If you'll bid one,the mealiest, nut go to the wall.
Our strut will be great. avid our fret will be small!
We've a motto-rmy Latin I /eerier:me to grass—
In English it means, that theater is a glass,
To make it a mirror it still wants, good lack !
A little quicksilver to rub on its back.
Shall dingy Caligilf, his nick-score in woo,
Survey and ezclaisn (Cash I owe) Oslo ?
No, never shall Dalton a hero down trample,
That set married men such a glorious example.
Shall Luke, who now eats such a supper in Riches,
Devour from a cauldron cheap soup with the Witches?
ltdselia can't dine upon daisies and rue,
•• And poor Tom's a-cold" is no joke. if it's true.
E.:collect, the' from merit I'd not be detracting.
'1 hat as yet we have discovered no railway for acting ;
liecollect that no steam can aid our manufacture,
And no gas can swell a man into an actor.
To one dear Royal Duke. the best friend of the players,
For whose restoration we offer war prayers,
If e'er from his virtues there ciuld be detractors,
I'm sure he. adored by the whole race of actors.
111 not any lunger part toper and glass,
I nwe, NU'. Chairman, our Money Bill pass,
And when you report progress. that chair to retain,
1 hope you'll ask leave, Sir, to sit there again.
The CRAIRDIAN proposed the next toast—" The Proprietors ofj
Caveat Garden Theatre."

Captain Foam returned thaphar_
Song, "-My do fireside—litimunt.
The health of -the Duke of 13edforcl.was next dank,
and wks followed by a ornic sons by Mr. Mathews, de.
seriptive of the burnouts of-an election, which is to form
a Tart of his forthcoming entertainment. It is mat ked
brall the drollery for which Mr; Mathews is justly ce-
lebrated ; he introduces, for instance, the story of the
dead cat thrown upon the hustings, which was pro-
nounced to be a poll-cat; and makes an elector, ,who
hates " bribery and corruption," declare, that I e will
not vote for a man who has accepted the Chiltern
" hundreds," because stich a man 4517 accept 4, thou-
sands!" Some of the hits tell capitally, and t'leimita-
tions are excellent.
" The Stewards."

MATHAWS said, he had reluc'antly consented to
return thanks on behalf of his brother Stewards, and
the reason why he wished to decline it was, that he was
unaccustomed to public speaking—(d ILA.—They
were m t to celebrate the anniversary of vie Covent-
garden Fund; if it had been- the Covent-garden Fun,
he might have been mote at home, but he certainly feat
that this subject was n,) joke. In thanking those oho
had supported the Institution by their presence that'day,
he and his hrother Stewards would fill their glasses to
the brim, as their hearts were overflowing ‘eith grati-
tude; and al:hough they now drained the for met to
the health of the Company, the fulluebs of the latter
would never be diminished.
" The Drury Lane Theatrical Fund."
Mr. Lssu.n returned thanks,
Th. CNAILLMAN proposed the health' of the Theatrical Performers,
without including the elephants,korses, monkeys, dogs, &c. who,
nevertheless, played their, parts,well.
A new Song, by Mr. TAYLOR, to the air of' We're a' noddin,'
was received with applause.
Touts..--" Mrs. Courts;" the Ladies in the Galleries," and the
Irish Drama." All drank with great applause.
Amongst the musical displays, those which attracted most atten-
tion were, a new glee, of considerable merit, composed by Evans ;
the song of The Maintain Maid, by SINCLAIR ; My driisitreside, by
13110ADNURST; T. Coon's Mock-Italian recitative and air; and
three songs, by MATIMW3; one we have given, another was
formerly sung by Bazar, and the third is " A Picture of London
about seven in the morning," and possesses much accuracy as well
as drollery.
The company assembled, which was very respectable, consisted
of about four hundred persons. The collection amounted to above
oue thousand pounds.
The Noble Earl quitted the Chair about eleven o'clock, when
the greater portion of • the assembly dispersed. -

LAW REPORT.
COURT OF -CHANCERY, !Winn 5.
WEI:LESLEY V. THE DUKE CT EIBAUEORT.

Mr. HART said he was very sorry to have to com-
plain in open Court of any one at any time; but in Allis
case he had not only thought that he, but his Lordship
also had just cause of complaint, on this ground, that
when the case was argued, the parties on the other side
raid they were in possession of letters written by Mr.
WeLesley, both to his children and to their tutor, copies
of which they would furnish to the plaintiff's attorney,.
'but which they had not yet done, though repeatedly
asked for them, since the case was last mentioned.
Mr. Parrs felt persuaded that whatever his clients
had promised to furnish to the other side would be
given. He knew nothing whatever of this application,
but well he knew that the• plaintiff had no cause of
complaint in this Court, on any ground whatever,.
What proof was there that any application hdd.been
made for the copies alluded to?
Mr. Mar had certainly no aSdavit of it, but would get one, and
the subject should be mentioned on another day. Thus the case
stands at present.
COURT OF KING'S BENCH, MARV! .1.
STONE AND ANOTHER v. MARSH AND OTHERS.

This was an issue under an order of the LORD CHAu-
cazat.oa to try ',Leiter the defendants were indebfe
to the p'aintiffs in the sum of 16.0001. and it was part
of that order, that no objection should be taken on the
ground that the late Henry FauntlerOy was interested
in the result both as a plaintiff and defendant.
It appeared from the evidence for the plaintiff, that
William Stone and Henry Gahiglian, Esqrs. together
with the late Henry Faundetoy, as trustees under the
will of the late Sir Thomas Berners Plaistow, had been
in possession of 17 0001. Navy 5 per Cents. Mr. G.
H. Spurting, a broker, employed by the late firm of
Marsh, Sibbald, and Co. by virtue of their instructions,
and a power of attorney, purporting to be signed by the
three before-mentioned trustees, on the 26th and 28th
of May, 1819, sold so much of the said stuck as pro-
duced 16,0191. 15s. 4d. Mr. Stracey, as one of the

attornies under the power, attended at the Bank on the
96zh, aid signed the transfer and receipt for part of
the stock, and Mr. Graham, on the 28th, signed for the
remainder. Pursuant to a custom, wliere brokers are
employed by bankers, the one-eighth brokerage is di-
vided between them, andafter deducting his proportion
of 91. 175.8 d. Mr. Spurling paid into the banking-house
of Messrs. Martin, Stone, and Co. 16,0091. 17s. SJ. to
the account of Messrs. Marsh, Sibbald, and Co. Messrs.
Martin and Co. were the City banker, of Marsh, Sib-
bald, and Co. and although this um of 16,001. 17s. Bd.
appeared in the 13 iss-b(,og between the two firms, in
the house book of Marsh and Co. there appeared only
credit to the amount of the sum of 91. 17s. Bd.
A clerk in the Bruk proved the handwriting of Mr.
Stracey to the transfer, and the demand to act on the
power of attorney, and Plank, the officer; who appre-
hended Fauntleroy, proved the find ng, amongst his
private papers, a memorandum in pencil, in the hand-
writing of Mr. Graham, to the following effect :
" May 45, 1A19.—£15,000 odd, Navy fives, 261,105 paid into
hLirdn's. Untb, £8,900 odd, to make up neon= to raise £1,600
money, of Henry Fauntleroy, Henry Gabaghan, and Wm. Stone." •'I
Mr. SCAILETT, for the defendants, stated their
anxiety to meet the fullest investigation into their conduct
confident that in no one instance could they be impli-
cated in the slightest degree in the frauds of that un-
happy titan Fauntleroy. Igstead of deriving benefit
from his nefarious proceedings, which it had been said
were occasioned to support the house, it would be
proved that he abstracted from their funds upwards
of 100,0001. The transfer in question was effected by a
power of attorney forged by him. The money paid into
Marsh and Co.'s had been drawn out by him and applied
to his own use ; and the fact of the half commission ap-
pearing in the house-book carried the case no further, as
it was correct that sum should appear to the credit of
Marsh and Co. however the remainder might be disposed
of. He therefore contended that the defendants were not
liable, inasmuch as the power of attorney, and the names
of the attesting witnesses were forged ; and by the
policy of the law, a felony could not be transferred into
a civil right. It had been decided by the Court of
Common Pleas, in the case of 4, Davis 4. the Bank of
land," that a transfer by means of a forged power
of ttorney was not a legal transfer.
Evidence was produced fiat the power of attorney in question
was 11

Mr. Marsh, tenior, partner in. the house of Marsh,
and" Co. from I„./92 down to the bankruptcy, stated,
•hat he was exempted by the articles of partner-
slrip•from taking an active part in the business; he
therefote only received the dividends after Mr. &tint-.
leroy had made out the list ; he is now indebted to the
house 70,0001.
Mr. Stracey, late of the firm of Marsh and Co. was
exempted from taking an active pert by the Articles of
partnership. Fauntleroy managed the money concerns
of the house; the powers of attorney were sent to the
brokers, and he'never saw them until he was about to
act upon them at the Bank.
On cross-examination, Mr. Stracey remembered the case of Mrs.
Fergusson, where Fauntleroy sold out 10.000 i. without her autho-
rity ; It took place in 1817, but was replaced out of the funds of the
house : he had not an hies that a forgery had 1,..en committed, but
supposed he hid made use of a general power of sale without her
authority; be never examined the books.
Mr. Cirah..rn, lave partner in the house of Marsh and
Co, stated his department 'to be chiefly out of doors;
he had been all his lite in the .arrny, and vi as un-
acquainted with such concerns; he never acted but in
the absence of Fauntleroy, or by his directions, and did
not ( famine the books.
Mr. Wilkinson, an accountant, who has had the
examination of the books since the bankruptcy, found
a deficiency of 14.0,0p0/. and had traced 100,000 i. of it
to the possession of Fauntleroy, and had sufficient to
satist y his own mind that he had the rest als,,
The Arroaxxr;GassaAt. having commented on .the evidence
in reply,

The Lean Coin JUSTICE shortly summed up the evidence, and
expressed his opinion that the defence set up was nn answer to the
plaintiffs' claim. The money was paid in to the credit of Marsh
and Co., and if by any neglect of their own, or by any peculiar
mode they adopted for conducting their business, the money was
never received by them, the plaintiff would nevertheless be entitled
to recover. Verdict for the plaintiff, 16,0004