Star.
London, England, 1820-02-21 00:00:00

THEATRES.

LAW INTELLIGENCE.

COURT OF CHANCERY, FEBRUARYI9.

KrNes TuEATnr..--3, • new Comic Ballet, called
Panurge, composed by 11. HULLLN, was produced
on Saturday evening. The story is taken immedi-
ately from an Ooera of the same name by GRETItY,
but its origin is to be found in Rabelais. Panurge,
shipwrecked on a country called-the Isle of Lanterns,
finds the people sacrificing to an idol in a temple
close by the shore: they take shelter during the
storm, and in the interim Panurge takes the dress off
the idol, puts it on himself, throws the figure into
the sea, and takes his place. When the natives re-
turn. he descends from his station, and is received at
first with awe and astonishment, but they afterwards
assume courage, and celebrate the descent of their
deity with feasts and rejoicings. In the Prie,.:ess,
Pannrze finds his wife, who reminds him that he is
married, which he acknowledges, but intimates that
it had escaped his memory in the course of his travels.
The re-union of this happy pair gives rise to another
ie, and the Ballet concludes. The dancing was
elegant. aid the Piece was well received. " Gon
.Slve the King" was performed between the Opera
and the Ballet, in splendid style. The following ad-
6itional verse was introduced:

THORNTON V. CAUSTON, HOPER, AND THORNTON.
Mr. HART stated that the plaintiff in this case is a
Lieutenant-Colonel, and the defendants are, Eliza
Thornton, his wife, and her two Trustees. From the
bill filed on the part of the plaintiff,-it appeared that
•the plaintiff and his wife had agreed on mutual ar-
ticles of seplration, by which the latter was to have
an annuity of £4OO, for payment of which the plain-
tiff gave security on two houses, one in Lincoln's-
inn-fields, the other in Dorset-street, Manchester-
square, and Mr. Causton was appointed her trustee
to receive and pay her annuity.. The first half-year
became due in Scptember.lBl2, at \‘ hich time C'e
plaintiff gave Causton a sum of £lOO, to provide for
any issue which the wife might have. The bill then
stated, that for this purpose he phiced various sums
in the hands of his bankers to enable Causton to pay
the annuity of £4OO, and the additional allowance
of £100; and it next charged Causton arid Hoper
with having formed a plani with the consent of the
wife, to defraud the plaintiff out of his property in
Dot,et-stieet, as Hoper had been put in pus'ession
of that property, and had begun to injure it very
much by alterations which were not called for, The
Lord Chancellor having heard this statement qf the
plaintiff some time ago, issued an injunction. The
case now came on, the answer of Hoper having been
put in, in which he most explicitly denied haviag
acted in the manner alleged. He had obtained t
property in question by purchasing it for £2,625
from Causton, who had the power to sell it. The
price was a fair one, as the plaintiff himelf had of-
feted to sell it at that rate. Since the purchase
he had expended £l5OO in repairs, from finishing
which he was prevented by the injunction of the
Court. The annuity due to Mrs. Thornton was
much in arrear, and by the very articles of separatio:.
Causton was autho:ised to sell the property when-
ever that was the case. The Learned Counsel then
• concluded by praying his Lordship to dissolve the

Thou, whom protecting :havoc,
Has in its bounty given
Tn be otrr KING ;
Long be its blessing pour'd, •
Oa England's Itnyal Lord—
Right and might in his sword,
Gon save the KING!
Dit.MV-LANE—Madame VESTRIS made her first
a?pearance on an English stage, on these boards, on
Saturday night, in the character of Lula, in ".the
Siege?/' Belgrade. This Ladv acquired great popu•
larity, about three years ago, by her performance at/
the king's Theatre, and has since travelled in Italy,
and fulfilled successive engagements in Paris. The
improvement her voice and taste have undergone.
during that period, has rendered her a highly ac-
compli-hed singer, and as the language of this coin,
try, though her parents were foreigners, is native to
her, there is no obstacle to her becoming one of the
greatest oinaments of the English Stage. She was
encored in several songs, and her reception was more
than favourable, it was entlithiastic.
COVENT-GARDEN.—IiIe new Piece of the Anti-
q:zary was tepeated on Saturday to a very numerous
and genteel audience, and amid loud approbation.
The Farce of Ban Ton, excellently acted, closed the
evening's entertainments.
THE ADELPltt.—This Theatre, on Saturday
was most fashionably attended. At the end of the
first Piece, " Gov Save the King," with the following
additional verses (written by Mr. W. J. RHODES), was
sung by the whole company, and loudly applauded:
Lone! make our cause thy own,
Take to thy heav'nly Throne,
England's late KING!
Father of Truth sincere,
Each Briton must revere,
Who can withhold the tear?
GOD save the KING!
Let Fame proclaim thy worth,
Echo from heaven to Earth.
While Britons sing,
Health to this favour'd Isle,
Bid every subject smile,
GEORGE shall each woe beguile,
Gnu save the KING!
Soon may all discord cease,
Now we arc blest with peace,
Loud let us sing ;
May we united be,
Loyal, yet still he free,
Ever a friend to thee,
Great GEORGE our KING!
SURREY THEATRE—Friday night the Performances
at this Theatre recommenced with a Solemn Dirge,
in commemoration of the late melancholy events ;
after which God sure the King, with additional verses,
was sung by the whole company, and conclnded
•
with part of the Coronation Anthem ;- during which
a splendid illumination of his present MAJESTY'S
initial% was exhibited, amid acclamations of applause ;
the scene represented a superb Gothic Chapel. The
following stanzas, written by the Manager, were
loudly greeted by the whole [louse:
As when the Phenix dies,
From kis proud obsequies
New glories spring ;
So Britain's patriot flame, .
Shall revive GEciacr's. name,
And shout with loud acclaim
Gon save the KING !

Doomed in one hour to !noun
O'er GIORGE and Enw,tap's tun,
Virtue and worth;
May our KINQ'S Sorrow s cease,
Soon may his joys it:crease,
While honour, heelth, and peace
Ctawn Gt.otint the Foy Mitt !

intone don.
Other Counsel were heard for Mr. Causton and•
Mr. Thornton, who read a number of affidavits, in
which the allegations of the plaintiff were denied,
and the transaction proved to have been conducted
on the most fair and equitable terms.
Mr. PARKER argued that the plaintiff was right
in his application to the Cow t—that the arrears had
never taken place—that the annuity was regularly
paid—that the prisperty had been obtained by a col-
lusioa between the parties, and that it was now nearly
destroyed by the vexatious and uncalled for repairs
of the defendant Causton.
The Lotto CHANCELLOR took an able review of the
-facts on both sides, and observed, that in his opinion
there was not any foundation for the allegations of the
plaintiff, and therefore he dissolved the injunction,
and ordered costs against the plaintiff. •
OLD BAILEY SESSIONS.
Saturday, Mary Randall and J. Palmer were al-
lowed to plead Guilty to the minor offence of having
forged El notes in their possession.
John Smith was capitally convicted of uttering a
forged £lO note, at the shop of Mrs. Appleby, Par-
liament-street, and C. Harris, of uttering two forged
£5 notes to two different grocers.
James Griffiths and Witham Jennings, were also ca 7
pitally convicted of uttering two forged £1 notes. .
COURT OF COMNION PLEAS, DUBLIN, FEB. 9.
MR. D'EVEREUX'S EXPEDITION.
WALSH 0. SUTTON.

Mr. O'CONNELL, Counsel for Mr. Sutton, applied
to the Court to have the fat, granted in this; cause
against his client, set aside. There were many defects
of form in the affidavit of the plaintiff. Plaintiff's
affidavit stated, that on or about the 21st August he
waited upon Colonel Sutton, Military Secretary to the
Irish Legion under General D'Evereux, at his Office in
Eustace-street, and stated to Sutton his intention of.
purchasing a Second Lieutenancy in Colonel Power's
regiment. Sutton demanded £6O for said Commis-
sion, and informed plaintiff that he should obtain a
recommendation. Darin? the conversation a Gen-
tleman; to whom plaintiff was unknown, came in,
and Sutton said that the recommendation of that Gen-
tleman was sufficient. Plaintiff thereupon gave the
sum of £6O to Sutton, who handed it to one Russell,
tailor to the regiment, together with a memorandum,
on which was written with a pencil—" .Lodge this in
the Bank to the second account of General D'Evereux."
In consequence of this agreement, defendant gave to
plaintiff a printed paper, in the Spanish langliage,
purporting to be a Commission in the Second Itegi
ment of Colonel Power's Lancers. The Affidavit far-
ther stated, that plaint ff embarked on board the Ni-
chulai, which being unseaworthy, put. into Belfast;
and concluded by stating, that the plaintiff is now ad-
vised, that under a late Act of Parliament the sale of
Commissions, &c. as aforesaid, was illegal, and that
the said Sutton or D'Evereux is indebted to the plain-
tiff in the said sum of £6O. The Learned Counsel
strongly insisted upon the insufficiency of the affida-
vit, and upon the hardship of detaining Sutton in
prison, or holding him to bail in a case where it was
not sworn that he owed anything. Plaintiff's affi-
davit was, upon this past of the case, entirely equivo-
cal; it stated a sum of money to be due either by
Sutton or D'Evereux, but it did not state that Sutton'
owed it: the affidavit did not even go the length of
stating that Sutton had been guilty of any breach of
contract. A contract was entered into, that upon
the payment of a certain sum the defendant was to
give a Com Mission to the plaintiff. The defendant
was not stated to have violated this Commission ; on
the contrary, it was acknowledged that the contract
was fulfilled, and that Sutton did actually, in pur-
suance of the agreement, give to the plaintiff a Com-
mission as Second Lieutenant--(Much laughter was
excited ky this remark; the Court interposed).—The
plaintiff charges the act of selling ,the Commissions
with illegality; what effect can this have but to de-.
feat his own claim? If under this circumstance the
plaintiff should file a declaration it would be had, on
a general demurrer, or on a trial he would be non-
suited. It was usual for informers to come forward
as penitents, but here• the plaintiff came forward to
complain of, and to seek redress for a crime which he
himself had instigated. The law would net Allow a
partial's criminis to obtain compensation. The set-
ting aside the fiat could not injure the plaintiff as he
could still bring his action; .but, in fact, he has no
action, since, if two parties be mutually criminal in

We are informed, says the Dublin Journal, that
Mr. HA Rim, the respectable proprietor of Covent.
Garden, will accept of the Patent of the Dublin
Theatre, under an engagement to compensate Mr.
JONES, the patentee, for any reasonable claim he may
have on the Theatre, and also to settle with the other
Proprietors cu fair terms.
Wednesday evening, while the Minister was preach-
ing the Funeral Sermon on his late Majesty, in Sion
Chapel, some villains raised a fidge alarm of fire,
which threw the congregation into such confusion
that several of the windows were broken, many per-
sons severely injured in endeavouring to get out, and
others lost their handkerchiefs, shawls, watches, &c.
Friday sennight, some malicious person threw a
gnantity of poison into the dog-kennel at the High.;
shield, near Hexham, which caused the death of se-
veral of the hounds.
Thursday se'nnight, at Edgehead, near. Gilmerton,
several carters stopt at a public-house there, on their
way to Edinburgh with coals, and drnak pretty freely,
while, in the meantime, the horse of 0,.e of them,
named John Dobbie, moved off homewards. On
coming cut, Dobbie, who was a good deal intoxi-
cated. laid hold of a horse belonging to one of his
c:mpanions, which he insisted was his own ; and, in
the: course of an altercation that ensued, the horse in
yaestion suddenly moving forward, knocked down,
over whose body the loaded cart passed, and •
killed him upon the spot. lie has left a widow and
three children.
About eight o'clock, on Monday evening, a male
child, apparently about three weeks old, was found
by the watchman, wrapped up in a piece of blanket,
lying on the pavement, at the back of the George,
in the Old Bailey. It was taken to St. Sepulchre's
Woikhott4e, where it is likely to do well.

•
a contract, neither can have an action thereon: This, '.anco to detaylis.dediion, but he felt no doubts. The
.coupled with the equivocality of the affidavit, is de, plaintiff's situation was one Into which Inany young
cisme against tht plaintiff, who has not sworn speci- men had fallen—a foolish gawky of a boy, seeing
Acally that the defendant is his debtor; Counsel there- the grand statement in the .Papers, came to shew how
fore relied upon the insufficiency of the affidavit, if a fool and his money were soon parted. His Lord-
the contract be legal, and upon the illegality of the ship recollected some of the public Papers in this
contract, if the affidavit be sufficient. ;City, to have been filled with grand accounts of Ge,
Messrs. LLOYD and HUBAND argued on the other aeral D'Evereux—magnificent statements appeared
side with considerable ability. Nothing appeared in about the exploits of these Generals and Colonels,
this affidavit, from which it could be interred that the I &c. &c: . They found it a peat subject. for filling
plaintiff was part/kers criminis—even supposing that sttiffin the absence of the Packets, and the Public was
the Foreign Enlistment Bill had the general effect of i dosed with the display of their achievements. It now
i enderiug contracts for commissions illefsal ; yet that I appeared, that the money of the plaintiff was given,
could not be a matter decided upon in this motion— and no consideration returned, and his Lordship
its illegality could only be proved by circumstances thought it would be hard indeed, if he Ore plaintiffY
to be brought forward before a Jury, inasmuch as should be thrown out of Court without even the or
the mere enlistment was not a misdemeanour, under portirnity of a trial.
the -Act of Parliament, since that Act made certain Motion for setting aside the fiat refused.
exceptions, in which this case might possibly be in- lIIGII COURT OF JUSTICINRY, EDINBURGIti
chided. The objection against the affidavit could not FEBRUARY 14
stand, for although the conclusion stated the debt to This day the Court met to try the case of Gilbert
be due by Sutton or by D'Evereux, yet this state- APLearl and others, from Glasgow, accwed cf sedi-;
ment was superfluous, and its equivocality of no cf- tion. The Court has taken up that cf M'Lend first.
feet, since she previous statement in the affidavit The indictment charged him with various acts of a
,bewed sufficient facts fur the Court to infer that seditions nature, in what he has publitthed in- the
Sutton was now actually indebted to the plaintiff— Paper called the Spirit of the Union, of which he is
and the effect of that statement was.not done away Editor, but particularly with an article of the 50th
by the equivocal matter complained October, purportingto be an Address to the Citizens
of. It would be
monstrous to suppose that Glasgow, the language of which is a disgrace to
the unfortunate .
who had been brought up to town by the pompous the country, though thoroughly adapted to corrupt
expectations held forth, and who had been induced the minds of the people. It attacks all public
to stake his all upon the faith of these representa- itutions.in general, but it particularly dwells on the
Lions, should be thrown out of a Court of Law with- manner in which the taxes are collected, which, it is
out redress, and without remedy. The fact of Sutton therein stated, are both unfairly done and in a
received the sum of 1.:60 from the plaintiff was brutal way; and it advises the people to oppose
having received
distinctly swam, and the circumstance of his hay- 'force to force., It also attacks the Manchester Au-
thorities in the most uncourteous language. lie is
ing written with a pencil the name of Mr. D'Evereux,
charged also with Sedition at a Public Meeting.
as the person to whose account the money was to be ToThe Junior Counsel stated, that an objection oc-
lodged, could not remove Sutton's responsibility.
tuned to him on a constitutional point, the mandate
suppose that such a circumstance would have that
effect, would be absurd ; it would be. said Mr. Hu-
bearing date the 27th January, the return of the ci-
tation the 29th, and bearing to be executed in the
band, to leave the unfortunate plaintiff in the situation
reign of King George whereas, ipso facto, the
atilt! butcher, from v. hom a pair of thieves stole a leg
of mutton ; the thief who took it from the stall, gave it 29th was the first day of the first year of the reign
of King George IV. The Court, after hearing the
to his accomplice, and upon being charged sk ith the
SOLICITOR-GENERAL in reply, and Mr. GRANT in
theft, swore that he had not the leg of mutton, while
support of the objection, adjourned till Friday to
his accomplice swore that he did not.steal it.—CLord
receive informations, and the ti ar will take place 06
NORRCRY---" And in the present case, the Gentlemen
want to give leg bail 1-1
—The circumstances under a future day.
which this plaintiff, and many other young men, had
been deluded, were of the most melancholy kind; it
was in truth a South Sea bubble in miniature. There
were officers withont rank, soldiers without pav, and
Commissaries-General who could not get credit for a
stone of' potatoes ! " What will your Lordships think,"
said Mr. Huband, " when I tell you that Commis-
sary-General Macnamara, Chief Agent to the Crand
Major-General D'Evereux, is this moment suing as a
pauper in the Court of Chancery, in a suit in which I
am concerned!!" The whole of the plaintiff's case
was simply this: did he not, by swearing to having
given Sutton a sum of money, for which he got no
consideration whatever, make out a sufficient ground
for holding the defendant.tO bail? Did he not shew
sufficient ground for haring a trial at least? It
could not be said that it :sits any hardship on the de-
fadant to have the case tried before a Jury, and the
affidavit of the plaintiff offered circumstances to shew
the necessity of either detaining the defendant in
custody, or holding him to bail.
Mr. O'Corcier..l. having replied, the Court con-
sulted for a few moments.
Judge JOHNSON confessed, that he was not unaware
of the strong impression which is felt by the Public,
that a base conspiracy has been formed against the
lives and properties.of many young men in this coun-
try; but he thought that under the Foreign Enlist-
ment Act, the contract upon which the fiat was
granted cannot be the subject of a civil action. His
Lordship here took an able view of the law of the
case, and concluded by saying, he thought, therefore,
that the fiat should be set aside. lie felt it to be al
great hardship on the-plaintiff; he lamented it, but
could not help it.
Judge Moortz did not conceive that sufficient
ground had been shewn to set aside the fiat ; it was
true that a patticeps crimiiiis could not seek redress
in a Court of Law, but this case was not such as to
warrant the inference that the plaintiff was a par-
ticeps criminis. An act main»: per se, would have
been one, the effect of which could not be explained
away. The act of the plaintiff was not malton per se,
it was an act, which until within a few months, almost
within a few days, was not forbidden by the law of
the land ; and in the Act of Parliament by which
enlistment for foreign service was prohibited, it
was merely forbidden unless with consent of his
Majesty, or the Privy Council. Supposing, there-
fore, that this case came under that Act, it cannot be
inferred, unless upon a trial helot e a Jury, that the
case does not come under the reservation which the
Act allows. His-Lordship concluded by expressing
his opinion, that the only question was, whether the
plaintiff's affidavit gave sufficient ground for holding
the defendant to bail ? the particular merits of the
case were matter for decision at the trial.
Mr. Justice FLETCHER felt no doubt whatever as
to the propriety of holding the defendant to bail.—
Indeed, nothing but the dissent of one of the Bench,
(Judge Johnson) for whose legal knowledge he bad
the highest respect, could make him consider the
point at all doubtful. Ilis Lordship expressed his
concurrence with the opinion of the. Learned Judge
(Moore), who pieceded. him, and commented, at some
length, upon the facts mentioned in the affidavit.—
His Lordship could not see that the document which
he held in his hand could be considered as a docu-
ment of auth a ity. It commenced with a false state-
ment as to consideration—the commencement says,
" In consideration of the services," &c. Now, what
services• could a poor young man have rendered the
South American cause, to -form a consideration for
'1 his commission ? (Here the plaintiff's commission
was read in the Spanish language ; the reading of it
caused considerable merriment). How could it be
I known that these Generals and Colonels were acting
under any foreign authority ? All that the Court
knew from the affidavit was, that a sum of money
Was given to the defendant, and that no considera-
lion was given in return, unless a pencilled memo-
randum, and a paper in Spanish.
Lord NORBURY considered this a matter ofgreatpub
lit interest. He coincided with his Learned Brothers
(FLExtrica and Moons) in the opinion, that the fiat
ought not to be set aside. It he felt any doubts upon
the subject, he would have felt it due to its import-

CLERICAL INTELLIGENCE.

OXFORD, FEBRUARY ».
Saturday, the following Degrees were conferred: •
MASTER OF ARTS.
The Rev. Frederick Charles Spencer, Christ Church.

BACHELORS OF ARTS.
The Rev. Henry Palmer, Worcester College.
Christopher Sidney Smith, Corpus Christi College.
John Leigh, Brasennose College.
Bernard John Ward, Trinity College. •
James Lspinasse, lialliol College.
Thursday last, the Rev. Robert Mason, of Queen's Caere,
was admitted Bachelor in Divinity.
• ECC LEST ASTI CAL PROMOTION.
The Rev. Mr. Lowe is presented to the Vicarage of Hallow,
Worcestershire.

Mr. EDWARD Bnoww, Registrar of Eton College,
was on Thursday appointed Chapter Clerk to the Col-
lege of Windsor, in the room of THOMAS HATCH, Esq.
who has resigned.
The whole of the Canons of Windsor were present
at his late MAJESTY'S funeral, with the exception of
Dr. Coonsow and Dr. DODSWORTH. We regret to
say that Dr. HEA rii was led out during the service,
iserionsly ill. The Rev. Canon is since recovered.
It was observed on Wednesday, by the Rev. Mr.
CLAYTON, a Dissenting Minister, that of 110 Minis-
ters of his persuasion, who had presented the Address
Ito his Majesty GEORGE 111. on his Accession, not oae
was now alive. _ __ _ _ .

His MAJESTY has given a donation of 100 guineas
to the Welsh Charity School, in Gray's Inn. lane, of
which he is Patron, in addition to £lOO, his annual
donation.