The Statesman.
London, England, 1813-07-27 00:00:00

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an L udivei. - • • ' ' 'Ad 1 'llYinir. thit ' -..
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oo
-eosews--. - • ).' ..''' festraleed, ini respect of i bond Wiled to :Doctor
COURT OF CHANCPAT,Juti. 28. ' : Rene while wester of- the school, by, •Mi. Stuart, a
‘• . UAYMARKETTHEATKE. . , , Clergyman, who stosi.at one time Assistant to r.
~ . . weals V. COtaLin,.. . Rainel and afterwards Usher of the Schools kart now
. i
The Lona Ceteoceccoa this (14 gm hit isolg. inthe enjoyment of a tieing tett its the gift •of 110-
- .
meet in this long penning cause, observing, that, lltistees by the Founder. •
,finding no possibility of any acconimudatiop or ar-
togereeet between the litigating partici, It appeared, that there Were two boarding-houses
ra
idler his in the square, the one No. 15, where the master re:.
repeated but fruitless recommendation to - them to sided and kept boarders; the other, N 0.13, a private •
that.effect, he should perform his duty as well as in boarding.house; over both of Which the Governors
his power, upon a case that might be less Injured by i exercised some centroul in respect of the boys residing.
fire than by being brought into this .C6urt. The there, and educated at the school. An. egreetnent
'4eed bore date on the 4th ,of June, reke, and was . was entered into between Dr. Ratne and Mr. Stuart,
.
*tasted by and between Mr. Morris, the Plaintiff, . by•
who was to bare one-share of the Profits ; Mr.. Co- , boarding-house,was No. 13; and to pay to Dr. Maine a
awoke Defendant, a fourth t Mr. Winston, who !small sum for every boy boarded there exceeding the
!
was to have a fourth ; and by Mr. Tahourdin, who number of 40. This agreement was not communis
was also to have a fourth share of such profiti. The Ilcated to the Governors.
first singularity of this deed appeared to be that while ' Some time after, the subject Of the allowances .td,
the profits were divisible into four shares, the con. the teachers was brought under the consideration Of •
NdrilL INTELLIGENCE. Bern, or property itself was divisible into three the Governors, who made an order, by which Dr.
shares, or Integral portions, one of which was Mr. i Roble, the Master, had 1501. a-year added to his In.
.4_, .
DEAL, JULY 26.—Arrived and sailed nor the i coimaors the second Mr. Winston's and Mr. Ta- j come,-and a house`allewed him in the square, freo
',River a Spanish ship, particulars not known ; and a i boodle's, in equal moieties conjoietly, and the re. ' from rent and taxes, and from the obligation of keep:
packet from Falmouth, for Stamen Creek.—The Inaining share Mr, Morris's so that there was a dif- ing boarders. Mr. Stuart, who had before been as.
z ,
',outward-bound remain. I ferent rule by which the distribution of the fruits of ' sistant, was appointed usher, add remoVed to the
IPORTSMOUTH, JULY 26.—Arrived his Wears the performances were to be appiopriated from the :house of No. 15, formerly occupied by the master ;
ship Snap, from a cruise.—His Majesty'a ships •
-
surroand Volontaire are released from quarantine. -
'l'; quantam•of interest in the respectiveownere. land the lease of ••No. 13 was assigned to another per.
r Mr. Commino was to perform the office of Gemini ( son, who paid a considerable sum for the atood.wilt
e acmousu, JULY 24.—Arrived the Duke of .
'ors '
Isilam MY•Winston that of Stage or. Acting.Ma.iof it, of which' Dr. Rains hid• a share ander the
! Marlborough packet, with.s bf,pil ..frout Lisboe.r, Lped al) contracts with performers,. as well as !agreement. By the order of the Governors, the
Ake arrived off this port, the Lady Williugfin.l ' iesecisealce.and lciatimen—, Bye, 4.4„ vete caa. i Usher bad I.ooLia.year added to his salarp On this
; packet, Capt. Proctor, with a Mail from Gibraltar; to.be entered into by a majority of votes, I occasion, raillei agreement was intend Inttlizetweeo
end Malta ; she was immediately Ordered mid of which Mr. Colman was to have two, Mr. Win. , Dr. Rene and Mr. Stuart, by width the former was
sailed for Standgate Creek,without landing her Malt,.,sten end Mr. Tahourdin one between them, and Mr. cancelled,
:and 1001. a-year stipulated to be paid by
'
in consequence of having' a foul bill of health. Re- Morels the remaining vote. Mr. Morris subsequently • Mr. S. to Dr. R. and another som in rest:tett of. the
, port says, the sickness has much abated -at Malta.—• purchased the share of Mr. • boarders. In the representation given in by Doctor
Capt. Lyons, late of the ship Thames, captured on Tahoordin, by which he
clanied equal power with Mr.. Celtien, while the Rine, as to the emoluments of the master, nothing
her voyage from Maranhao, to Liverpool, by the latter contended for the uocontrouled right of con- was said in regard to these transactions. A bond was
Yankee, came passenger in the Marlborough packet,isrecting with performers, dress-makers, and all other , given to Dr. Heine by Mr. S. to secure the ptyment
; from Lisbon, and reports the Yankee to be rigged as ! apparatus requisite for the Theatre. It was stipu. ;of the sums agreed upon ; and several payments wire
a brig forward, and as a schooner abaft, occasionally 'fated by the articlesl that all matters of dispute or 1 made under it. Mr. S. having left the echo )1 gels
I carrying a fore and aft fore sail. ' • difference between the parties should be referred to i being appointed to the living aboresmentlort td, and
s Cove, JULY 21.—His Majesty's ship Stork, Capt. Ake arbitration of persons nominated, to avoid lid. I Dr: Raine being dead, the representatiVes of the lat.
jCoulson, arrived on Monday from a cruise roundbotion; but it was the necessary consequence of such I ter insisted upon the performance of the eanditions
the Island, in quest of some privateers said to be in lincomarehensiblo articles al had' taken place, that !of the bond, upon which an appliCation Iry made to
, the Channel.—llis Majesty's ship Helena, Captain i litigation almost ever since, as well as ill will, had ' the Chancellor; for an Injunction to restrain pro-
Montressor, is cruising between Loughswilly and Subsisted between the parties. .. Iceedings upon it.
Mr. Cape Clear : she is to remain on (hat part of the.
Colman, in one year after the contract, was } The CHANCET,Lott stated 4 that Dr. flame was one
coast for some time.—His Majesty's ship Brisk, Capt. committed to the Rules of the King's Bench, where I held in the highest estimation, as a gentlem in and a
Mounsheer,arrived yesterday morning fr°mPlYmooths he still continuos, unable persootally to,attend at tbeischolar, by many whose esteem did him high honour;
with the transport 88. having 50 men of the Dorset- Theatre, to superintend certain duties required by. ! and very probably, when he made the repres mtation
shire militia on board,who are to join their regiment at the araicles, eacept by means of day rules in Trinity ! above-mentioned to the Governors of the Charity,
Limerick. Yesterday arrived his Majesty's ship V . from Term only, there tieing no other Term within the he omitted to state- the transactions iu question,
Lieut. Pitman, with a fleet of eleven transports; of the performances of this Theatre. merely because he considered them as private trans.
sew"
having on board the Westmeath, Clare, and City 'ofwith which the Governors had nothing td
Mr. Morris, in 1809, tiled his bill, complaining,
Dublin Regiments of militia. They sailed hoar .thatalthough entitled to his vote on every conference do. actions,d
sitting as a Judge in a Court of Equity, it
Portsmouth twelve days ago. As soon as the troops and contract,. was Ms duty to ascertain whether an undue tifluence
are disembarked, the 30th and 76th-regiments of the
I he was only informed of, the acts or,
appointments of Mr. Colman and Mr. Wiuston, af. had not been exercised over the mind of 'Mr. S. by .
Line, are to take their place. The 30th is destined • which he was induced to give this bond. He d!'d not
ter they were passed.
for Gibraltar,. the 76th for St. Andero, in Spain.— The bill prayed that Mr. Colman might be re- mean that the words " endue influence" should be
11,We could not help noticing amongst the transports, moved from the management, and a specific perform- 1 understood in an offensive sense, but meanly ac-
one very fine ship of 700 tons, the Preston, of bon- , ance. of the articles decreed, according to the Wen- ; cording to that sense in which undue influence, with-
don, formerly an East Indianzatt.—The convoy fort
I Lions of the contracting parties, and a reference was ! out any moral wrong, as between the parties, might
Lawn, &c. we believe, will consist of his Moiety's I directed to a Master to examine into all the circum- ; form a ground of relief in a Court of Equity. An-
ships Stork, 'Brisk, and giraga, aid will sail ilia few {stenof the complaint, toil to frame such a' deed; other point to be'considered was,' whether the trans-
MS e
daY6 las would contain covenants to bind the varties, and .
action in question Was not void, as being contrary to
YARSIOuTti, JULY 26.-Arrivedihe'Lnedrci/ for • sustain actions at law for breach of covenant. jthe regulations and policy of the school. The ten-
the limber i• and sailed ,the British Fair, hired 'The Master reported as directed, and 1 among other i dency of it appeared certainly to be to raise the
cutter for that river. ' • , • matters found that Mr. Colman was competent fully i terms of education in that
school contrary to the in-
,to discharge the duties, and had so done with ability Itention of the Governors. There appeared to him,
: and great success to the performance, all the time. .1 therefore, sufficient matter to be enquired into, to
To this part of the Master's Report exceptions i render it Inver that the cause should proceed in
were taken on behalf of the Plaintiff, which had been !equity ; and he therefore granted the injunction to
' long standing unheard, (milli to some informality ''to restrain the proceedings at law, in the Mean
or irregularity attending them. Other motions were j time.
made, pending the delay; and the Theatre remained : His Lordship also alluded to the advantages of the
shut up. I school, and said, that it was pleasant to see an Arch.
' Mr. Morris moved for liberty to open the • house,' bishop of Canterbury, a First Lord of the Tceasurv,
and to employ performers, without the assent of a Lord Chancellor of Ireland, a Chief Justice of the .
Mr. Oilman, who resisted all things, and would do King's Bench, and a Judge of that Court, *till
nothing. cpreserving that amity and friendship, in regard
His Lordship had been inclined to grant that mo- to one another, which' had commenced at this school.
Linn, in order to have the performances go on, un-
tit the bearing of the cause, which could not be until COURT OF KING'S BENCH, ict.y 26.
the present season be lost: but the fresh affidavits . • vintstwottvir V. Hoes:MS. -
of Mr. Colman and Mr. Winston, were interposed, This was an action of trover to recover certain
stating that, in their judgment, it would be more for grocery goods, mid the question was, whether one
the interests of the concern to keep the Theatre , Thomas Russell, to whom the Plaintiffs were Assig.
wholly shut up for the present season, than let Mr..inees, had committed an act of bankruptcy on the 19th
Morris alone open it, from the bad name he' might 'of March last. The witness to prove the act of
bring upon it. 1 bankruptcy was one Dowse, a servant to a person of
. This motion was ordered to be* renewed, as his ! the name of Bassett°, to whom Russell was much in
Lordship clearly petceived that Mr. Morris was not debt. He stated that he called at the house of Rus-
treated as a partner in any manner contrary to the sell, in Seymour-street, on March 19th lasts a little
manifest intentions of the parties, so far his Lord- after ten in the morning; that he was told he was
ship threw out On this occasion on that head, and not at home, but while he was talking with the lad in
proceeded to discuss the merits of the various deposi- , the shop, he saw Russell open the door of the par.-
tions,' with great minuteness, toutrasting the loose. i lour communicating with the Armes soon as Russell
ness of the evidencw of the Plaintiff's witnesses with : saw him he withdrew. He then told the lad that he -
the positive and clear depositions; on- behalf of the , saw his master was at home, and desired that- he
Defendant, stating his full capacity to act as general • might be called ; the lad denied that it was him, and •
Manager, notwithstanding his duress which finding !, refused to go into the parlour to see if he were net •
of the Master his Lordship considered well founded, there. _ •
on the testimony laid before the Master on the refe.l To meet this evidence, Mr. Torrisa, for the Dales
relic*, which appear to 'preponderate, nor could his ! fendant, called two witnesses, a carpenter end a
present judgment affect...the Report at this period, !bricklayer, and they both swore that Russell went
the proper mode having been neglected in the usual 1 with them on the morning of the 19th to Chelsea, to
time. I look at• the skeleton of a house which they wanted
- Thelexceptions en which the cease came before the : hiln to buy. That they dined at a public-house there
CISCO Were disallowed, and the Master's Report con-' together, anchremained together the whole day. And
firmed. - .' • they both spoke positively as to its being the milt of
Judgment for the Defendant. • - March. They knew it to be so, because it had re.
'
r His Lordship desired to hear the motion respecting ference to an agreement made that day respecting the
opening of the Theatre for this season to be brought house, but they neither of them had looked at the ,
on at an early day, when . agreement with a view of refreshing their tnemnries.
Mr. Mae offered three terms, or alternatives, on i A young man who hid lived groom of the Chambers,
behalf of Mr. Colman, namely, to undertake, for and Butler with a neighbouring Gentleman, stated,
sharing the profits, if any, arising from the perform- that he was about to be married to his present wife
ances of the season, with Mr. Morris, indemnifying on the 21st Of March ;and it bad been prevlouly
him at the same time against any loss or risk—to , agreed, that Russell was to give her away, he in con.
purchase the share of Mr. Morris in the concern—or 1 sequence went to Russell's nn the 19th, to make the
lastly, to sell Mr. Colman's share of the Theatre. ' Previous arrangements ; but he was Dant home all
To these offers Sir Sancet. Itontscy replied, that that day'
the•hrst was offering nothing ; and as to the second, • John Russell, the lad in the shop, gave very die-
that it is difficult to expect money from one in Mr.! tinct evidence that he never denied his 1311eP to any
Colman's- present situation ; and. to the third, that ! creditor, and was positive that he was not at home
d. on the whole day of the 19th March last. To' con.
some people are not desirous of selling, and refuse
the offer. I tradict this witness, the shop.hook was put In his
hand ; -from which it appeared, that the first entry for
the 19th of March was Russell's handwriting, and
also several at the latter, 04 of the dap Bt.t ea,
farther investigation tt aiefleared, that there
entries for the 20th ; the neat entries being

Folsith virtuous exertionslyl

ration of your liberty, the inroads opon your health,
land the loss of property. The hearts 9f the lobs
`slid the virtuous are with you, white thecondect of
the ermined wretch is even reprobated by the ;go* 0.:
rant and the vile, and is the opprobriuse of his co-
adjutors and friends. Your enemies are the enemies
of their country; a band of Placemee, 'Pensioners,
Lsan.-jobbers, and Borough-Mongers,. who fatten
upon the produce of the sweat of the poor Man's
brow, and grow rich and great out of the ruins of
private happiness and public prosperity. Continue to
merit the maledictjons of such men, and the bless.'
ings or your country !
.Your's, sincerely,
' Bench-walk., bluer PHILANTHROPOS.
I Te*pk, July 27.

The Iledor, Richards, of TAndon, which was
seized by ths Spaniards in January, on the coast of
Peru, has since been liberated. •

The following was received early after the publica-
tion of the accounts of the Battle of Bautzen ; but
having been, by accident, mislaid, we were prevented
from inserting it sooner:--
7 WIUTTEN INMEINATIRLY ON RIADINO AN ACCOUNT Ol

'moony BATTLE OW IMITZEN.
0, where's the thunder of the war ?
I hear it not—
And where's the plain,
• All strew'd with slain;
That seems on earth a mighty scar,.
Or monstrous blot ?
• No mangled objects here create
• A din of woe ;
Nor clashing swords
Of desperate hordes.
Impel! the furious hand of Fate
To lay them low.
I see no ntnguionry stream—
hear no fray ;
The conflict dire,
And vengeful ire
(I would it were an idle dream),
Arc far away.

,
• Different the prospect I behold—
'Tis holiday's• • 7
And youthful brows,
Itelnx.d, arouse,
And hearts, in frolic gambols hold,
Rejoice in slay.
0, plea•ing scene! what couples trip
In faithful heed,-
To bury care
At yonder fair;
Nor thinking, while they merry skip,
What thoosands bleed. •
Batts, June 4, 1813. J. A. W.
•

Extract of a Letter from Madeira, dated June 30,
written by au Officer goiug oat to India by the.deet :
It is expected we shall sail in two or three days.
The Commodore gives a ball, on board the Incon-
stant, to-night, which, I hear, is to be attended by
most of the ladies in the fleet. The principal sub-
ject of conversation on shore, on our arrival here,
was the conduct of Sir H. POPHAK. He does not
allow any of Lord biomes star to dine with him,
nor any of his servants, except his head man, to have
any thing bet the ship'a provisions ; went to sea
from hence without waiting for the furniture, that
his Lordship had on shore coming on board, &c. •
after having, it is said, received 60001. and been
promised 4001. more,
.to be paid in Bengal. The
reason assigned for this is, that he wished Lady and
Miss POPHAM tq have been of the party ; but upon
its being mentioned to Lady Motax, she declined It,
stating that her own family was all the society she
t wished' for in the ship. It this Is ;toted to have
been' Publicly at twitlisdati at the Genial'. (Gnaws)
1 table herd:1'1;11-'4-'4'

• JUDY 21. P•
GUAITER-nOust selfOOL. .
A. Bill had been tiled arthist the repregentativei of
the late Dr. Raitie, blaster of • the cbarterbhousit

'kilt; 51A
i•vwvi■iwissft—,.---,- ----: •
LAW .od area martyr,ln the pri- •

were no
lie NO.
• i! 6