The Statesman.
London, England, 1823-10-16 00:00:00

THE STATESMAN.

DUBLIN POLICE.
_,141._.

DETAIL OP Till PROCEZDINGSREsULTINO PROM TUB Militia
♦T SHERIFF LA3IPRET'S DINNER.
DUBLIN, OCT. 11.—Yesterday Mr. Matthews, one of the
suite of Mr. Johnston, Private Secretary to his Excellency
the Marquess Wellesley, appeared at College-street Office,
to answer the complaint of Mr. Fitzgerald, for an assault.
The circumstance occurred on Tuesday night, at the enter-
tainment given by Mr. Sheriff Lamprey, at Morrison's
Hotel in Dawson-street.

Anxious, if possible, to promote an amicable arrange-
ment of this transaction, the Magistrates requested some
Gentlemen who attended the Board room to retire for a
while ; they were admitted in a short time. Mr. Matthews
attendd ; so did Mr. Fitzgerald, who was accompanied by
his Law Agent.
Mr. Fitzgerald said, that at the High Sheriffs' dinner on
Tuesday, he heard Mr. Johnston speak, after Isis health had
been given : he (Mr. F.) was one of those who did not
approve of his conduct ; Mr. Johnston begged to return
thanks to those who had drank his health; he (Mr. F.)
conceived that he treated those who did not with disrespect,
and therefore hissed : beirg a large man he was conspicu-
ous, and hissed somewhat longer than others, for lie would
not do any thing behind a man's back he would fear to do
before his face ; this gentleman (Mr. Matthews) said,
" You are a goose." My reply (added Mr. F.) was " If I
am, I wear my own feathers." air. Matthews then struck
him on the back of his head. _ _

The Magistrate.—Wus it a slap given by way of insult
merely ?
Mr. Fitzgerald—lt was a blow as hard as he could do it ;
I was stunned, or I would have followed it up ; I saw him
ran out through the door. Some gentlemen now present
attempted to stop him.
The Magistrate--The only provocation you gave was
hissing Mr. Johnston ? (The Magistrate here administered
the oath to Mr. Fitzgerald.)
Magistrate—On your oath who was it you were hissing?
Mr. F.—l hissed the toast; I never saw Mr. Johnston
before; I disliked his conduct as a public character.
Magistrate—When, Sir, was it you first hissed?
M. F.—After Mr. Johnston returned thanks to those who
drank his health. _

Magistrate—lt was not then, as the Gentleman suggests.
when Mr. Johnstou's health was given or drank, that you

Mr. F.—Not first.
The Sitting Alderman—When Mr. Johnston was walking
down the room, was there not one solitary hiss, and was it not
yoursl—Mr. F.-1 did not originate it.
The Alderman--Mr. Johnston bowed to you 1
times.—Mr. F.—lle did. _

The Alderman—Did you hiss any body else
Mr. F.—No, I did not.
The Magistrate here called on Mr. blattlicws for his de-
fence. _ _ _

Mr. Mathews—As I perceive some Gentlemen of the Press
taking down the proceedings, 1 at present think it unnecessary
to enter into a defence. I will. however, add, that Mr. Fitz-
gerald's statement is incorrect in Lie most material and leading
points.
The Magistrate—lf this story be true, an assault,not jus-
tified by the aggravation that appears to have been given,
has been committed : Mr. Fitzgerald states that Mr. Ma-
tthews came behind his back ; that is a circumstance whiali,
if true, cannot be justified by any feeling Mr. Matthews
might have had. Mr. Alderman, I therefore think it
right that we should put this matter in a course of trial;
at the same time, I cannot help expressing my regret that
an affair of this kind, springing out of a political feeling,
should be made the subject of a public trial.
The Alderman—lt is evident Mr. Fitzgerald must have
been worked up to this prosecution, he did seem inclined
to receive a concession. _ _ _

Mr. Fitzgerali—l have consulted my friends, and do not
think it right to stop the proceedings.
The Magistrate-11e was asked before whether any con-
cession would satisfy his feelings—the answer given to day
was, that no concession would satisfy him : he was sworn
that he gave no provocation to Mr. Matthews that could
justify an assault.
It is to be lamented that party fend should havebeen re-
suscitated on the present occasion.
Mr. Fitzgerald's informations were immediately taken.
111r.Illattliews was told to attend with two housekeepers as
his bail. Bail has been given.

Mr. Johnston, late Private Secretary to his Excellency
the Lord Lieutenant, sailed yesterday for England; lie is
succeeded by Colonel Aleyrick Shawe. There is but one
opinion respecting the conciliating and gentlemanly manner
in u hich Mr. Johnston coadncted himself, not only in his
official situation, but as a private individual; yet no man,
public or private, was ever more grossly or causelessly out-
raged. Every art was resorted to to force into activity
against this young gentleman a malignant party feeling,
although he took no part whatever in politics The origin.
ators of all this vileness, are, however, tolerably well under-
stood at the present moment.—(Dublin Morning Post of
Tuesday.)
Dumas POLITICS.—The Guild of Merchants have chosen
Sir Abraham Bradley King for their Master, and have
voted him an Address in which, among other compliments,
they request him to stand for the City Representation, next
vacancy. Sheriff Thorpe has been chosen Warden, and it
is said that he is likewise to he requested to stand for the
City.—Hickman Kearney, Esq. is the other Warden.—
(Irish paper.)
Captain Drought, commanding the Police in Limerick, is
appointed also to command the Police of the County Clare,
vice Major Watburton, promoted Inspecting Magistrate of
the Counties of Clare, Galway, Mayo, and Sligo.
The Lord High Chancellor of Ireland has been pleased to
transmit from England the following Magisterial appoint-
ments:—Lucius O'Brien, Esq. eldest son of Sir Edward
O'Brien, of Drornoland, Ica. t. M. P. to be a Justice of Peace
and Quorum for the County of Clare—and Conielius Matto-
ny, Esq. to be a Justice of Peace and Quorum fur the coun-
ty of '1 iprtary.
FRENCH CLEROY.—According to the Clerical Almanack
or Directory, which has just been published in France, it
appears, that in the Budget for the year 1822-23, the sum
of 29,520,000 francs was set apart by the Government for
the maintenance of the French clergy. In addition to this,
the Communes voted 6,407,727. and the General Councils of
the Department 1,162,618 francs, so that the funds appro•
priated to the clergy amount to 37,089,745 francs, about
1,483,5891 sterling. In bequests and legacies to eccle-
siastical foundations from the year 1802 to 1823, there is a
capital sum of 13,388,554 francs, of which the greater
part was received between the years 1815 and 1822, the
aggregate of the more early years amounting to only the
sum of 2,900,749 francs. In a population of 30,415,191
souls—from which, however, the non-Catholic members
must be deducted—there are 38,359 communes, to which
are attached 34,393 priests or vicars. The aggregate
number of the actual clergy is 85,676. But, it is said, the
Bishops deem lit necessary. to augment the number to'
50,943. In the year 1821 the deaths among the clergy
were 1,403, the number admitted the same year 1,522; so
that in this way there will be a gradual increase. The
number of pupils, or candidates for holy orders, in the
great and little seminaries, and in the Theological Colleges
amounts to 29, 379.—(French Paper.)
KILKENNY, OCT. B.—OuTaao6—On Sunday algid a
considerable quantity of wheat, oats, and hay, with some
household furniture, distrained for rent by the Receiver
under the Court of Chancery, adjoining the demesne of
Three Castles, in this county, were forcibly taken out of
the possession of the keepers, by a numerous party, and
conveyed away in the direction of Kilkenny. The fellows
tied the. keepers, but we believe, offered no further personal
violence.—The name of the tenant in possession is Jeffrey
Purcell.—(Moderator.)

SHIPPING INTELLIGENCE.

DEAL. October 15.—Wind West—Arrived and soiled attain
the Royal Charlotte, from Shields for Oporto, and George,
Lawson, (rum Memel for Cardiff.—Also and remain the Bril-
liant, Greencock, from Newcastle, for Oporto.—Came down
from the River and remain the Atlas, Reid, and Perseverance,
Ingersoll, for Oporto.
PORTSMOUTH, October 15.—Wind S.W.—Arrived the
Generous Planter, Woodward, from Quebec; Swift. Walker,
from the Downs, and the Swift Steam Packet from P►ymouth.
FoLmourn, October R.—Wind North.—Sailed the Pris-
cilla, Mitchell, for St. John's, New Brunswick ; Alexandria,
Garrell, for Trieste, and the Active, Banks, for London.
PLYMOUTH, October I4.—Wind North.—Sailed the whole of
the outward bound, except the Nepos.Trader, and Cornwallis,
Henderson. for the Cape of Good Hope.-1 lie City of Edin-
burgh, Wiseman, for Bengal, and the Balfour, tiunson, for
Savannah, is under repair.

Extract from the Agent to Lloyd's, at Hull, October IL :
" On Saturday last it blew t heavy gale f om S.C. and at ten
in the morning several vessels were seen running for the Hum-
ber, but before the last of them could weather the point, the
wind shifted to W.S.W. with a heavy sea, and she was driven
upon the stony bank, she instantly went on her broadside, and
shipped a heavy sea, which is supposed swept away the whole
crew,aa they all perished.Tne name of the brig cannot be as-
certained, but some of the vessels in company fancied they saw
the word ' Limekilns' on her stern ; she had yellow sides wit h
half ports, green lower masts, and green boom, with a sliding
gainer royal mast, white mast heads, and white tops, and top
gallant sail, marked J. Tudgay, jun. sallinaker, London, and
topsail marked Kincardine Roparic Company."

TI rnE COMM CTATION BILL.
-............-

MEETING OF THE PARISHIONERS OF DIINGOURNRY.—
On Tuesday last a meeting of the Parishioners of Dun-
gourney was held at the Parish Church, which was most
numerously and respectably attended, not only by the
Parishioners, but by the gentry, farm-rs, and persons of the
lower classes, all evincing great anxiety for the result of
the proceedings of the day, as many of the surrounding
parishes were awaiting a decision in this instance, to direct
them in what manner to proceed, as it concerned them-
selves. The Priest of the Parish explained the provisions
of the Act, both in English and Irish. A minority of the
Parishioners were for continuing the old system, on which
the respectable Rector (Reverend Mr. Pnrcell) came
forward and said, that it was quite immaterial to hint how
they proceeded, as lie ha i no differences with the parish-
ioners, and any decision the Meeting would come to could
not effect his revenues; and they might be as productive
to bins one way as the other. However, he was of
opinion, that the bill was calculated to encourage
agriculture, improve the soil, lighten the present bur-
'hens, and allord employment to the poor, and let
whatever resolutions be adopted, lie was firmly of
opinion, that a commutation of tithe would he of advan-
tage to :he small farmer and labourer, and in the present
st.te of the country preferable for the incumbent. After
some routine business, it was proposed to put the measure
to a vote, when there appeared eleven for, and six against
the composition. The report of the division was received
with acclamation, and the Vestry fie!) appointed Win.
Welland, Esq. as a Commissioner on their part. —The
Rector said, that notwithstanding that several applications
had been made desiring the appointment on his part, lie
declined doing so, and as he always lived on good fellow-
ship with his parishioners, he would now leave the
selection of his Commissioner to them. Accordingly
George Conrtenay, of liallynaclashay, was appointed and
noun noted.

The Rector then informed the parishioner; that he
would drew the present year, or let them t,t%co their tithes
in their usnal way ; or if it was more: satisfactory to them,
he would be contented with a composition in lieu thereof,
the tithes of the present year not coming within the
provisions of the Bill—a proposition equally honourable
with his conduct throughout, and such a.; seemed to give
general satisfaction. The Meeting ;vas then dissolved.—
Cork Chronicle.)

(From the Cork Advertiser of Tuesday.)

The following are the particulars of a fortunate and
skilful capture of fourteen men engaged in a conspiracy
to rescue a Distress for Rent :—I nformation had been given
to Mr. Besnard, whose shrievilty expired yesterday, that
on Sunday night last a number of men were to assemble
at the house of a person named Daniel 111' Donnell, who
lives on the lands of Ballyrnaw, in the South Li-
berties of this City, and about three miles from town.—
The object of this assemblage was stated to be the
rescue of some corn which had been distrained for
rent, and which lay under seizure at a distance
of about half a ;tills from Mr. Donnell's. In
consequence of this information Mr. Besnard ob-
tained a serjeam's guard of the 26th Regiment,
and, accompanied by them and by Mr. Deeble,
proceeded to the spot, having left this City
at eleven o'clock on Sunday night. They ar.
rived at the place of their destination a quarter before
twelve o'clock and proceeded to M‘Donnell's, where they
found in addition to the family Vvo men who were nut
inmates of the house. This circumstance confirmed Mr.
liesnard's confidence in the information he had received ;
and he accordingly placed four of his military party to
guard the house, and to keep therein all whom he had
found in it. Eight of the soldiers were then placed in
separate positions, all around the house, so as to intercept
the men expected to assemble, as they should severally
approach the appointed place of rendezvous. This judicious
manoeuvre succeeded admirably; for they had waited
but a short time, scarcely an hour, when, from
different directions, and at different intervals, twelve
men came towards Mr. NPDonnell's house, every
individual of whom was taken into custody.
—The fourteen prisoners, who had been thus taken, were
folly secured, and Mr. Besnard and his party proceeded to
the land where the distress lay, and, not seeing the keepers
at their post, made search and found them in a house not
far distant, their heads much cut, and their clothes covered
with blood. It appeared that notwithstanding 60
many had fallen into the hands of Mr. Besnard, an
attack had yet been made on the unfortunate keepers,
and they were driven from the corn which they
had been placed to guard.—We learn that the soldiers
employed on this important service evinced the utmost zeal.
and performed their duty with extraordinary vigour and
effect. The non-commissioned officers of the party were Ser-
geant Stookes and Corporal Kettles, to whom we understand
much praise is due, as well as to ,Ir. Deeble ph:, accompanied
Mr. Besnard. To dilate on the conduct of Mr. Besnard would
on this occasion be quite superfluous since the facts speak for
themselves. The following are the names of the men in cus-
tody, and, we undrrstntid, it is Wended to try them, on this
day se'onight, under the Insurrection ,Act:—
Robin Percy, Cornelius Crone, Jeremiah M.Daniel, kfor-
tough Fatly, Denis Henley, Denis Lehane, John Hanlon, John
Crowley, Jeremiah Crowley, Edmond Fatly, Denis M•Doanell,
Daniel Fatty, Denis M`Donnell, Patrick ArDonnell.

Our High Constable, Mr. Williams, having received in-
formation from a Magistrate, that a gang had been formed
for the purpose of stealing sheep in the County, and the
City Liberties, and having, on further private information,
discovered that they were to make their first attempt on the
flock of Mr. Nowlan, at (ilendine, near this City, that active
officer, aceutnpanied by Messrs. Plymouth, !trade, and
Bible, Peace Officers, proceeded to tine lands in question,
and having concealed themselves, succeeded, between nine
and ten o'clock, in arresting two men in the act of killing
a sheep. Their names are Patrick Ryan and John Hanlon.
These persons are entire strangers here.—lioderutor )
On Saturday night five sheep were stolen nil the lands
of Edmund Dooley, of Higharth, near this City.—(l6id.)

WESTMINSTER. SESSIONS—Tins DAY.

Lieut. William Walton Kelly, R. 1., was put to the bar
on an indictment, charging hint with having. assaulted. on
the 4th June last, at the Ilungetford Coffee House, Capt.
Robert Hogan. of the Army.
Mr. A noLpties stated the use for the prosecution, the
facts of which we have published. The assault, it trill he
remembered, arose out OF some abrupt language being ex-
changed between the parties in the coffee-room.
Mr. C. PHILLIPS, on the part of the defendant, admitted
the assan It, and put it to Capt. Hogan, whether his honour
would not be consulted mwe to his satisfaction as a ;;-:.tie-
man, if an apology were given.
Mr. ADOLPHUS, on the part of the al:ant Captain, was
willing to receive the apology ; the. Captain only wished to
assert his honour, and had no vindictive motive.
Mr. C. PHILLIPS then made for Lieut. Kelly, the aniende
honourable, and the parties a ithdrew.

SPORTING INTELLIGENCE.

NEWMARKET SECOND OCTOBER MEETING, 1923

WEDNESDAY.

Duke of Grafton's Cinder, 9st 41b. agst Mr. W. Powlett',
Edeu, Bat 21b. D.NI. 200 cove. h. ft. DeaJ beat. 11 to 9 eght
Cinder.

THIRD AND LAST YEAR.

Renewal of the October Oatland Stakes, S.M.' sabseription

of 30gs cacti, 104 s ft. if declared ►y one o'clock on Tees-day ;
to be run for by horses of all ages, 2 yr olds exzepted.
The First Class of the GatiandsStakes of Thirty Guineas each.

B. M. - •
Mr. Wyndham's Ellll.l. 3 yr. 7,t 121 b
Mr. Batson's Mystic, yrs. fist 9!b 2
Lord Verulam names e. by Whisker, 3 yrs, 7tt 3lb 3
Mr. Bouverie names Mirandola, 6 yrs, Fst 121 b.
Duke of Rutland's Scarborough. 3 yrs, Rst 21b.
Lord Foley names Pedrilio, 3 yrs, Ist 31b.
Won by a length.—The Judge placed but 3.

8 to 1 apt Elfrid-3 to 1 agst :11:.stie-5 to 2 apt Lord Ve-
rulam's e.-8 to 4. agst Mirandola-10 to 1 agst Searhorougt.-
20 to l apt Pedrillo.

TROTTING MATell.—Yesterday mornirg, at seven o'cioek,
a trotting match in harness took place on the Lea Bridge-road,
for Alt sovereigns, who should do mo.t In one hour, between
Mr. Kerrison's bay horse and Mr.lVittenburs's grey horse.—
At starting, 7 to 4on Mr. Witteribery's horse. The match
was won by Mr. Kerrison's horse doing 13 miles within the
hour, Mr. Wlttenbury's only doing 111 miles. A consider-
able number of people were present, and bets to some extent
were pending.
ItutssiNo Msrcti.—The match between lieutenant Parretti
and Mr. Biizzard of Wades NIA! wet< plat-e yesterday morn-
ing at seven o'clock, o“.r a six colic piece of ground, betwe. is
Chalfont and the Hermitage, llerts. It was to make the brit
of the way eighteen mile-, and the winner was bac,:ed to do it
in one hour and fifty-four minutes; the Lieutenant hayiug
backed himself for twenty-live sovereigns to aceompli di it 'Au
that time. The parties ran well together the first six miles,
which was performed in forty minutes, when Mr. Blizzard
made the play and kept his adversary in full exercise. The
twelve miles was performed in thirty-nine witi:nes, by Mr.
Blizzard, who was fifty yards a head, but he beg-an to tail off
his speed in the sixteenth mile, where his adversary pasted
him with ease, in a condition to win cleverly. The Lieutenant
had to make his play for the bet of 25 sovereigns, and he left
Lis adversary, who resinned in the seventeeth mile, but lust his
second match by three iuiuutes, and was such exhausted. Thu
original wager was SU so.creigns. The Lieutenant felt confi-
dent he could have won both eveats, had he made his ground
good at going off.
MATCH Losr.—A Gentleman undertook for a trifling wager,
to perform the task of picking up one hundred stones, laid on
a level plain, at a yard distance from each other, and succes-
sively deposit them in a basket, placed at the starting p.est—
the whole to he accomplished in thirty minutes. The ground
chosen was the Green Park. Tde Stones were placed by an
umpire, and the Gentleman proceeded iii the feat with apparent
ease, and was freely backed at 3to 2, on taking up the fiftieth
stone, which he accomplished in twelve initiates, but the per-
sons who gave the odds seemed to have forgotten that the re-
inaining half hundred was the most laborious part of the work,
as every stone increased the distance lie had to travel. Ile
continued, however, to cheer the hopes of his backers, until he
arrived at the eightieth stunt, being four-fifths of the task,
which be took up, within twenty minutes, or two thirds of the
time allotted, when he gave in. being unable to proceed any
farther, on account of excessive pains in his back mid loins.
There were considerable bets amongst tie by-stunlers.

WEXFORD, OcT. 8.-0 a Fridsy evening last, in the
street of Tenipleshannon, in I:noiscortlty, a desperate
attark was wade upon Setjrant Peigh, of the Constabulary
Establislnnent. We understand that in the course of the
affray the Serjeant was disarmed, and stabbed with his
otvn bayonet. Two to n, James Kelly, sen. of Temple-
shannon, and James Kelly, jun. of Irish Street, in said
town, have been committed to gaol by John Nixon Nunn,
Esq. charged with having. assaulted Serj,•aut Feigh with
intent to murder Itim.—(ll"(.tit,rd

AFFLICTING COI NCI DENC!:.—OniTuesdav,3oth Septemb-r
Thomas Wallis, Esq. of Laily•lane, in Waterford, and of
Minchill, near Mil-street, in the County Cork, bad
travelled, apparently in good health, as far as Macroom,
when he was suddenly taken with an apiplectic tit which
immediately threatened fatal consequences. Ilia dissolution,
however, did not take place until the morning of laws
Tuesday, the 7th instant. Lady intimation of his danger
had been sent to his brother, Harry Wallis' Esq. at Mary-
borough, in the County Cor!, who had fur some time
laboured under a paralytic affection, and who, upon re-
ceiving on Monday afternoon a second account, of course
more unfavourable than the former, cried nut that it wis
all over, and expired almost immediately. Of his character
we know nothing but from report, but that report is in
the highest degree honourable and perfectly uniform. But
of our own fellew-citizen we know well that scarcely any
report can exceed his tnefit.—(ii-atc;:furei Mirror.)

•
DISTRESSFUL. ACCIDENT.--A very melancholy orcor.
rence took place in this II irhonr, mirr the Fort of Duncan-
non, about four o'clock on ‘Vednesday evening. A boat
from Passage, had been drifting for salmon nearly the
entire of that day, and being encouraged by their good
luck, having taken some salmon, she remained out during
a heavy gale from Ore ~ toe sea running very heavy,
and melancholy to relate, Witt, upset a little below the
Fort, and the crew, consisting of two men and a boy. were
drowned. The men were named John Crane and John
Mullins; the boy James Kelly, a son of one of the Har-
bour Pilots; they were all natives of Passage. Too much
praise cannot be given to the meritorious exertions of
William Doyle, James Doyle, John Doyle, and John
Simpson, of Duncannon, and Mr. James Harris, chief
boatman in the Water Guard service, who immediately
manned with the men just named the Water Guard boar.
At the imminent danger of their lives, they rowed round
the Fort; but they were only in time to save the boat, and
bring her in to the strand of Duncannon. They also
picked up the boat's ma,t, sail, and oars, and after a
fruitless search returned, es wet as possible, aril disheart-
ened at not having the good fortune of saving lives. On
this occasion, as in many others, the inhabitants of Dun-
cannon have witnessed the intrepid conduct of William
Doyle.—(/deal.)
• - - • -

MARGATE. Oct. 14.—The following is the topic which
took the lead yesterday :—lnformation was suddenly re-
ceived from Dover, that on board one of the steam yachts
was concealed a quantity olcontraband goods. The Custom
House cutter put off from this port. Through some acci-
dent the boat was run down. There was a child in it,
which one of the offi.ers preserved by holding it up with
one arm whilst he swam with the other. Fortunately the
sea was not running high at the time—all were prune•• '
The stem vessel proceeded to London.

ifely the
herved.

KINGSTON SESSIONS.
-1.1111"--
THE AMPIIITHEATRE.

AITLRT r. DAVIS.—POT a contiderable time there has
been a very setions disagroemant between the widow of the
late Mr. Astl7 (goondrtn the celebrated Mies Smith) and
Mr. Davi., whose name appears alone upon the bills of the
rtwatre, not witheandinz the claim made br the latter
t.pon extennire star. in the concern. Mr. 'Davis claim,
ti.e whol• rirlat and title upon the rronnd that be is solely
responsible, awl that he has brought all the money into
the theatre. _ _ _

..........
Ycs'er 'ay hlr. Crocus moved, upon the part of Mr.
Davis. for a iirense for the Amphitheatre, in the name of
Mr. Davis alone. Hitherto, since the death of the widow's
hualiand, the lirene• had been uniformly granted in the
joint names of Astley and Davis. A woe, feeling in
benne of the widow, ee (the Learned Counsel knew) pre-
a-Aled upon the Bench, of whose honour, although be did
net at all tlonht, yet be could not see why the partiality
should exit, as the lady had not at all contributed to the
advancement of the Concern by pecuniary or other means,
Davis being the sole capitalist and director, and
amenable rrson. It was quite clear that the widow had
re right which she could enforce in a Court of Law, and
be was net aware that she bad any power of management.
Under these circumstances the appliration would, it was to
he hoped, prove successful. The Learned Counsel then
oint-d to Mrs. Astley, who was in Court in the deepest
mourning, and said, that at an earlier period of her widow-
boost she lied appeared all In white, and that she was now
laying off before the Bench to affect their feelings, in
better style than she had ever performed in on the public
eage. Bat the exhibition would not, he hoped, prove a
b it, and the lady would not come in and take a share of
the profits; while Mr. Davis alone took the risk. 'Long
e'nee Mri. Astley bad given up the stage as a profession,
ps these who managed the amphitheatre were of opinion
teat ante would no longer answer their purpose. It was
writ known that her husband died 8,0001 in debt, and he
believed it to be a fart, that the Creditors would have no
more than sixpence in the petted out of his property, and
that distribution would be made most likely to none but
those who held bonds or other deeds of security. For some
time previously to Mr. Astley's death, he was not :useful in
fneniehine assets, and Mr. Davis was obliged to take upon
kneel( ihit reeponslaility, as well as every other. Upon ,
the death' of tJJ Astley, his widow called a meeting of his
creditors, and Mr. Devil, with an honourable feeling of
liberality, nrideitook to pay them two-ittha of the profits;
upon which voluntary proposal, Mrs. Astley premised never
again to interfere with the concerns of the theatre. It
would be too much, the Learned Counsel thought, to sat a
precedent for widows of deceased partners in institutions,
;o claim to be partners.
Mr. D.via said, he was engage' as part Proprietor of the
Amphitheatre upwards of twenty years, and had been
concerned io it, more or less, upwards of forty years; he
tir,t was enema as riding master, but for many years he
bed provided the horse, at his own expence, old Mr. Astley
never hiving more than three or four at a time ; be was
lessee conjointly with the late Mr. Astley in a conSioded
lease which bad still upwards of a year to run, and be Was
Fable to the payment of the rent, amounting to '1,0001.a
year.— By the Bench: On the death of Mr. Astley no es-
eignment was made to him of the interest in the lease,
and be bad held the theatre for the last six or seven years
nn his own responsibility. He was entitled to three-fifths
and Mr. Astley to the remaining two-fifths.
Here hlr. Davis declared, that if the Bench would ex-
onerate him from the responsibility, be would no longer
object to Mrs. Astley's name io the license. Let him hut
take away his property, he shciuld commit the whole
concern to her. He wished to get rid of it.
The Benet, then said they would grant the license, but
it must be in the joint names of Astley anti Davis.
Mr. 'CowLee observed, that if the Lord Chancellor
declared that Mrs. Astley bad any interest in the property,
the creditors would be first entitled to their claims.
Mr. 3acxson (on the Bench) said, that Mr. Cowley bad
admitted that the widow had a claim, and it would pro-
bably Nitre that claim not to grant the license in her name
as well as in Mr. Davis's.
Mr. Davis was then cross-examined—He became a.
partner not because he rode, but because he brought
money with him. Ile bad adiertised the Theatre as
" Davis's Amphitheatre.' and he should continue to do so
while he bad the whole responsibility, and was the only
paymaster. He had received notice from Mrs. Astley,
remonstrating with him oo the subject, but be should not
alter his plan.
Mr. COWLCT then withdrew his opposition to the
license in the two names, in consequence of the opinion
or the Court.
Mr. TuEsstoan, for Mrs. Astley, called 'upon the Court
to protect ter OEMs, which were endangered in this con-
tention. As to the objection to have the lady's name in
the license, there were precedents enough to remove that.
The name of Margaret Tyers appeared in that for Vans-
ball—tea. of Mary Hughes in that for Sadler's Wells. It
would he well if the name of Mrs. Astley alone, for the
proteetinn of her interests, were in the license. She bad!
been refused all sorts of advantage. Her orders had been
exclude,' ; her property was in jeopardy, and it would he
el, sirable :o try the expedient by granting the license in
Ler name alone.
'1 he Magistratrs were of opinion that the interests of
the widow would be best served by joining the names, as
bad been hitherto done in the license, and the license was
granted accordingly.
The licenses for Vauxhall, the Coburg, and the Starry
Theatres were granted without opposition,

Michael Garvey (the boy who got the plum stone into his
windpipe) was discharged from the County Infirmary on
Thurkday last, perfectly recovered. This extraordinary
case adds much to the credit of the llospital.—(Liaterick
Chronicle.)
The whole of the sonth nail (36 yards long and from
10 to 12 feet high) of the parish church-yard, at Preston,
tell down together, about ten o'clock at night, on Wril-
nesdav, 3d instant. Had the circninstance occurred in th
day-titur, in all probability we should have hid the me
laucholy task of recording many deaths, since (notwith
standing its ruinous appearance) its immediate vicinity
was a favourite place of resort to children. Falling in
the night no accident occurred.
. Monday last, the body of a respectable person was found
lying in a hop garden near the Coach and Horses public-
house, Strood; which, upon inspection, presenteda shock-
ing spectacle, the throat was cut, one ear mangled, and
several wounds inflicted on the body, apparently with a
penknife ; near the body was found twenty-live sovereigns,
a ten pound note, and a gold watch. The only conjecture
at present is, that in a state of mental aberration the tin
fortunate individual muss have pat a period to his exist
once. In his pocket was found a pirsicica'a prescription
addressed to an apo.hecary in I,olo.tia, %%hid, has been
fora anted, and we hope, oil lead to Om disc.icery of the
cause of this melancholy transaction. The initials C. B.
were marked on the hat. The body was taken to the
Co.ach and Horses.— (Maidstone Journal)
Monday se'nnight a fire broke out at a farmhouse in
Montacute, belonging to John Phelips, Esq. occupied by
Mr. Martin, which consumed the whole building. it most
distressing circumstance occurred dmittg the conflagration;
while eight men were in the interior a the house, using
every exertion to atop the progress of the devouring ele
spent, the roof fell, in, and so blocked up the door-seals,
OW no apparent means were left of escape. Four of them
tweed a passage through a window, schile the ethers
made their way through the tire, and wcre so dreadfully
butt, as to he deprived of sight.