Loins TEYNH411.—In the Court of King's Bench, yesterday, a criminal
information against Lord Teynliam, and his Lordship's attorney, Mr. Hine was moved for by Mr. Kelly, on behalf of Robert and Edmund Griffin. The result of an important trial in the Court of Common Pleas, lately, to ascertain the right of Lord Teynham to certain property, having disappointed his Lordship, he wrote a letter in the Kentisfie Gazelle, reflecting in very strong terms on the conduct of the Judge, Jury, counsel, and attorney, and every body employed in the cause win) differed from himself. Imputations of the most scandalous kind were levelled at Mr. Edmund Griffin, the attorney on the other side ; and the present application was the consequence. The Court, however, did not think it a case which called for its interference ; and looking to the pro- bability of other proceedings being taken, declined to make any remarks upon it. WAR BETWEEN" THE PATENT AND THE MINOR THEATRES.-011 Thursday, the Magistrates at Bow Street were occupied with an informs. tion against the Tottenham Street Theatre, for an infringement of the right claimed by the Patent Theatres to perform, exclusively, what is termed "the regular drama." The instigators of this movement were the proprietors of Covent Garden Theatre and the Committee of Manage- ment of Drury Lane. The information charged the defendant, Jolla Kemble Chapman, with having performed certain entertainments of the stage without the authority of a patent from his Majesty, or a license from the Lord Chamberlain. The penalty of this infraction of the law is 50/. for each offence. Mr. Adolphus was retained for the informer, and Mr. Phillips for the defendant. Several witnesses were called to prove that Mr. Chapman was the acting manager of the theatre,—but with little effect ; and the case of the prosecution alto- gether failed to prove the want of the Lord Chamberlain's license. The Magistrates in consequence, dismissed the information. The office was crowded with theatrical personages ; and their presence seems to have changed the character of the place, which, ever and anon, echoed with cheers, as they approved or disapproved the sayings of Mr. Adolphus or the Magistrate. Mr. Adolphus, whose gentlemanly urbanity is notorious, might have suggested one or two features for Mathews when he undertakes to paint an Old Bailey counsel. Upon a learned objurgation between the two• counsel on some point of practice, a loud laugh and stamping of the feet proceeded from the body of the Court. Mr. Adolphus (with warmth)—" I am not in the shilling gallery, and I will not he attacked with these vulgar intonations. If they are repeated, I shall apply to the Magistrates to have the room cleared. I am not here as a stage-player." Mr. Phillips—" They are a very respectable body of men, Sir." Mr. Adolphus--" I am not saying to the contrary; I, who have always lived in amity with them, would not wish to say so. But I will not be treated by a crowd in this vulgar way." Mr. Halls—" 'Well, then, let us go on with a little gentility." In a similar strain the case proceeded ; and when the curtain fell upon the case, the applause was redoubled. Whatever may be the legal rights of the great theatres, the present step is abundantly impolitic. It cannot have the effect of bringing the public to the large houses, and will excite an investigation of their claims to patent privileges. These monopolists, moreover, have never been slow to trespass upon the smaller houses, by performing entertain- ments which were comprehended within the terms of the license of the latter. It is too much, therefore, to complain of the exchange. Most especially would it become Mr. Kemble, after the "charitable appeal" on behalf of his theatre, not a year ago, to bethink himself of the mercy due to humbler houses who have full as many difficulties to encounter. The present lessee of Drury Lane Theatre is no party to these proceedings; though, oddly enough, he is himself a delinquent, in the character of Captain Macheath, which he played not long since at Tottenham Street Theatre. It is said that other informations on the same, or similar grounds will come on before the magistrates in a few days, when the technicalities of the case will be more accurately sup- plied. GUY'S HOSPITAL AND CHRIST'S.—The Master of the Rolls gave judgment, on Tuesday last, in a cause between the Governors of Guy's Hospital and the Governors of Christ's Hospital. Guy, the founder of the former hospital, had left an annuity of 400/. to the Governors of the latter, on condition that they received into their school four boys or girls, annually, upon the nomination of the direc. tors of Guy's Hospital ; and the testator provided, that in case the Governors of Christ's ' Hospital neglected to comply with the condi. tions of the bequest, it should be applied to the education of the children elsewhere. It was stated on behalf or the Governors of Christ's Hos- pital, that as the children remained six years at the school, twenty-four and not four were taken into the Hospital. The testator had not given the annuity, it was alleged, as a gross sum ; or ff so, the Governors would have been found in all time to abide by the conditions of the bequest : it was a continually renewed bequest, and a continually re- newed condition—a condition perpetually arising, and perpetually sa- tisfied, while 'the annuity was received ; and therefore, it being incon- renient and costly to the Governors to receive the children on such terms, they might decline to do so. The Master of the Rolls ruled that the Governors having once accepted the gift, they could never retire from it.
PROPER JURIES—On Wednesday, Mr. Sergeant Russell moved the Court of Common Pleas to set aside the inquisition returned by the She- riff in the case of Blissett v. Williams, on the ground that there had not been a proper jury empanelled ; the persons assembled for that purpose consisting of the landlord of a public-house, and the waiters and such other persons hanging about there as could be collected on the moment, and were glad to serve for the sake of the 'remuneration. Mr. Justice Park asked the learned Sergeant if he had ever been in the habit of at- tending on the execution of writs of inquiry before the Sheriff, because if he had, he would have perceived that the same persons were always on the jury. (A laugh.) The Court refused to interfere on this ground, though it granted the application on other grounds. PAVEMENTS —The Court of King's Bench on Wednesday gave judg- ment in the case of Bouverie v. Miles. The action had been brought by a gentleman residing in the Haymarket, against the Surveyor of Pave- ments for the parish of St. Martin-La-the-fields, for prostrating an iron palisade which had been erected by the plaintiff on the pavement under his window. The Surveyor, acting under the statute of the 57th George III., c. 29, had removed the palisade, as being, in his opinion, an en- croachment on the footway. The question was, whether the statute gave discretionary power to the Commissioners and their Surveyor to remove all projections upon the pavement, or whether they were restricted to the removal of such things only as were encroachments upon the footway, and obstructed foot-passengers. Lord Tenterden said that the authority under the act of Parliament was confined to actual encroachments upon the footway. The pales in question could not be considered as an en- croachment, for they had been erected upon a space over which the public never had a right of way ; and the Court were of opinion that the defendant in removing them had seceded his authority. DELICACY EXTRAORDINARY.—At Worship Street, on Monday, a woman named Williams was charged with assaulting Mrs. Mendoza, the daughter-in-law of Mendoza, the Jew pugilist. Mendoza was pre- sent as his daughter's backer. Mr. Broughton, on perceiving old Men- doza present, made some inquiries as to the state of his health and sight. Mendoza—" Your Worship, I am very well in health, but my sight is bad ; I cannot, although not four yards from you, see you distinctly." Mr. Broughton—" What age are you ?" Mendoza—" Sixty-seven." It appearing that the charge against the prisoner arose in consequence of the complainant keeping a house , discreditable to her, in which the prisoner saw her husband enter, Mr. Broughton said he would not go into the case, out of respect for the feelings of the father I The Magis- trate--(To Mendoza)—" Do you ever take a benefit ?" Mendoza- " Yes, your Worship ; but they are very thinly attended." [This is super-super. A public guardian of the peace refuses to inquire into an assault lest be should wound the feelings of a prizefighter by showing that his daughter keeps a brothel ! What shall we have next?] MEEKNESS AND FORBEARANCE OF SIR RICHARD BIRNIE.—A man was charged, on Monday, before the worthy head of the Police, by the Secretary of Dick Martin's Society, with cruelly beating his horses. The evidence, in the opinion of Sir 'Richard, was too slight ; and he dismissed the case with costs. Mr. Gompertz made some observations, about founding a future proceeding upon this decision; which Sir Richard Birnie hearing, he called the Secretary back, and asked him of what he was complaining ? " Why," said Mr. Gompertz, " I say that your decision in this case is not according to law." Sir R. Bionie- " Sir, you are an imperti2zent scoundrel, and, if I thought it worth my while, I would commit you." Mr. Gompertz stated that he had one or two other informations, which, after what had passed, he would with. draw. Sir R. Birnie told him that be must be the best judge of the merits of the cases. However, it was as well he should put him in mind that every tub ought to stand on its bottom, and he was quite at liberty to bring on those oases, or—to retire. The Secretary retired. [We think he did " right, for though, to use Sir Richard's elegant figure, Mr. Gompertz must still have stood " on his own bottom," there is no saying, had he ventured to remain, where his " bottom " would have been standing by this time.] POLICEMAN V. CoNsastmx.—A girl named Watt was charged before Sir Peter Laurie, on Monday, with robbing a man named Sergeant, of several sovereigns, in a house of evil repute in Shire Lane, whither gin and love had seduced Mr. Sergeant to follow her. The case was not brought home. One of Sergeant's sovereigns, it appeared, had fallen from the depredator on the stair, and been kicked beneath a door, where it was afterwards found. The recovered property came into the hands of a policeman, who was now charged with refusing to mark it or to give it up to the City constable. Jennings, the constable in question, detained the policeman for a couple of hours ; but at length, finding he could make nothing of him, he let him go. The policeman declared that he did mark the sovereign ; that Jennings then made a snatch at it, and because he refused to give it up, not only detained him from his beat, but pushed his staff into his mouth. The Superintendent, who was present, cons. plained of this mode of cramming the authority of the City down the throat of his men ; and submitted that the man's letter and number being on his coat, it was unnecessary to detain him. Sir Peter absolved the policeman from all blame in retaining the property he had found ; he also praised the conduct of Mr. Jennings for his zeal and activity ; and lastly, to give all parties a proper measure of justice, he sent Miss Watt for a couple of months to the tread-mill, as a disorderly person. Mr. Sergeant then received his money, and made his bow, resolved never to follow young ladies to Shire Lane more.
Previous page
