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and Surrey. He has left a large fortune, which he has chiefly bequeathed topublic charities: 10,000l. Ift. to the Westminster Lying-in hofpital, donations equally liberal to several others, and the refidue (fupposed to be 40,0001.) to St. George's hofpital.

At his house in Stafford

21ft. row, Pimlico, aged 89, Ri

chard Yates, efq. the celebrated comedian; his reputation in the parts of old and grotesque characters especially, was eminently great. He was remarkable for pure and chaste acting up to the words of his author with a fcrupulous attention; the more remarkable, as performers of this east of acting frequently introduce their own humour, with what may be called the licentia biftrionica of the drama. He excelled alfo in teaching or making an actor, in a higher degree, perhaps, than any one of his time. He was married, first, to a woman who was rich; fecondly, to miss Anna Maria Graham, who had been introduced to his tuition by Mr Garrick, and with him the first came on the ftage at Birmingham. Mr. Yates died suddenly. He had been very well, as usual, for fome time, and had breakfasted heartily. Having ordered eels for dinner, when, unfortunately, they could not be had, his warm and hatty

temper could ill bear the difappointment; and from anger he worked himself up to rage. His housekeeper, zealous to please him, went out a long way, and brought fome; ere the returned, exhaufted with fatigue of spirits, he had Jeaned his head upon the table, and the found him dead.

MAY.

This day a storm of thunder was remarkably tremendous in the western part of Suffex. At Pulborough a barn was set on fire by the lightning, and entirely confumed. Luckily it contained only seven quarters of oats. In the neighbourhood of the above place, the peas in the fields were confiderably injured by a heavy fall of hail, which accompanied the thunder. Northampton. The following dreadful accident happened few days fince to Mr. J. Robinfon, horfe-breaker, in Peterborough : having a young colt in training, the animal began on a fudden to plunge, by which means the rider was thrown from his feat with fuch violence, as to feparate the ribs from the back-bone. The unfortunate man is attended by an eminent furgeon, and there are hopes of his recovery.

7th.

a

A few days ago, as a groom was combing a race-horfe in the neighbourhood of Beverley, in Yorkshire, the animal became fo irritated as to catch hold of the man's fide with his teeth, and tear away the flesh in so shocking a manner, as to render his bowels and entrails visible. The poor fellow's recovery is much despaired of.

On Saturday the sheriffs of

9th. London and Middlesex appeared in the Exchequer chamber, to render into court their eftreats, levies, captions, &c. and to answer an officer called the oppofer, for the crown. Several of the fheriffs' officers, no doubt, being engaged about their country houses and their carriages, had forgotten to make any returns, in confequence of which the theriffs were ordered

to

to attend in person next term, for the purpose of being examined upon interrogatories by the officer before the barons. This is a circumstance to which nothing fimilar has happened for a great many years.

An important cause came on to be tried in the common pleas, in consequence of an issue directed from the court of chancery on the question of fact, whether the late earl of Orford devised by his last will any lands and effects to the earl of Cholmondeley. The cafe is briefly this. On the 25th of November, 1752, the earl of Orford made a will, in which he bequeathed his principal estates, after the demise of his immediate heir, the present earl of Orford, to the earl of Cholmondeley, whose grandfather had married the daughter of his ancestor, fir Robert Walpole, the first earl of Orford. In 1756, the earl of Orford made a fecond will, in which he changed the order of fucceffion, and gave a preference over the earl of Cholmondeley to lord Walpole, who is descended in a direct line from the second brother of the first earl of Orford. This, of course, annihilated the first will; and, had nothing farther occurred, no question could have arifen on the fubject. But, in 1776, twenty years after the second will was made, the earl of Orford figned a codicil, the purport of which was to make various provifions which had been omitted in his wills, and declared this codicil to be a codicil to his last will, figned on the 25th day of November, 1752. On the part of the plaintiff, it was contended that this codicil, which was duly figned and attested, was a revival and setting up of the will to which it referred;

and that, of course, that will re tained the fame force and effect, as if the fecond will had never been made. On the part of the defendant, it was maintained, in the first place, that the codicil was deftitute of those forms, expressly required by the statute of wills, which could alone give it the effect of reviving a first will in preference to a second, where a real eftate was devised; and, fecondly, that it was the intention of the teftator to annex the codicil to the second, and not to the first will. To establish these points, it was proposed to adduce parol evidence; but the court interfered; and were unanimous in their opinion, that the established law of the land forbade the admiffion of parol evidence to contradict a written and perfect inftrument, fuch as the will and codicil together appeared to be; that the word last, on which the counsel for the defendant had laid fo much stress, was an expreffion which had no determinate meaning until the death of the teftator, when it operated to explain the intended last act of his life; that neither the will of 1751, nor the will of 1756, was, in fact, a will until the teftator was dead; that an alteration of the date of the codicil would be making a new disposition for the dead, which no court upon earth was entitled to do; the only power vested in a court, on the subject of wills, being that of explaining the intention of the deceased, which, in this cafe, was perfectly clear; that wills ought only to be confidered as ambulatory instruments, subject to the pleasure of the owner, and to be used by him as his judgment or caprice might direct; and that the will of

1752 was abfolutely revived, and made his last act by the codicil of 1756. The jury, agreeing with the court, found a verdict for the plaintiff; in confequence of which, the earl of Cholmondeley will fucceed, at the death of the present earl of Orford, to an estate of the annual value of 10,000l. exclusive of the magnificent feat at Houghton, which is supposed to have cost upwards of 200,000l. and some other property.

Kyd Wake, who was convicted at the fittings after last Hilary term of having, on the first day of the present sessions of parliament, infulted his majesty in his passage to and from parliament, by hissing, and using several indecent expreffions, fuch as, "No George-no war," received the judgment of the court; viz. “ That he be imprifoned, and kept to hard labour in Gloucester gaol, during the term of five years: that, during the first three months of his imprisonment, he do stand for one hour, between the hours of eleven and two, in the pillory, in one of the public streets of Gloucefter, on a market-day; and that, at the expiration of his imprisonment, he do find security for 10001. for his good behaviour for 10 years."

Le Maitre, Higgins and Smith, were remanded, and Crossfield was put on his trial. The attorneygeneral addressed the jury, and having concisely stated the law, submitted to them the following account of facts in the cafe :-Some time fince a man of the name of Upton, before the highest magiftrates of the country, his majesty's privy-council, accused himself and feveral others, directly, with the design of affaffinating his majefty. Among the persons so accused was the prisoner at the bar, who thought proper not to abide the justice of his country, but to fly from it. The prisoner at the bar, in company with Upton and another, went to a brass founder's, where they endeavoured to procure a brass cylinder, extremely smooth in the internal surface, of the length of three feet, and with a bore of fiveeighths of an inch. From thence they went to another brass-founder's, on Snow-hill, where they endeavoured to procure the same article; and upon the man's withing to know for what purpose it was intended, he was answered, that it was a secret. A third brassfounder was also visited upon the fame errand by the prisoner and Upton; and from thence they went Lith. Crossfield, Le Maitre, to one Hill's, who was a turner, Higgins, and Smith, were and lived in Bartholomew-close, for placed at the bar of the Old Bailey, the purpose of his turning them charged with a confpiracy to affaf- models of the instrument they sinate the King. Crossfield pleaded wished to make. In answer to his generally Not Guilty: - Le Maitre enquiry for what purpose it was faid, he had good objections to destined, he was told, for an elecmake to the indictment, but, rely- trical machine. From another witing on his innocence, would not ness, of the name of Cuthbert, the make them; he therefore pleaded jury would hear, that they examined Not Guilty; as did George Higgins an air-gun. There were also draughts and John Smith. Some consulta- of the instruments, which would tion was then held at the bar, when be submitted to their inspection, VOL. XXXVIII. and

C

1

and they would perceive that the
arrow was of a peculiar conftruc-
tion. It had points or barbs, which
upon meeting any hard fubstance
collapsed in the head of the arrow,
and afterwards opened again, so as
to prevent its being withdrawn
when once it had entered the flesh;
and towards the point there was a
finall hole for emitting any liquid
which might be placed in a cavity
prepared for holding of it. The con-
fideration of one of these draughts
might be important in the cause,
because the dimenfions marked on
the margin were the hand-writing
of the prifoner. When the infor-
mation of Upton was received be-
fore the privy council, as he had
before informed them, the prifoner
at the bar abfconded, and they
fhould be able to trace him to
Bristol; afterwards he returned to
London; then went to Portfmouth,
where he entered on board a vefiel
bound for the Southern whale-
fithery, as furgeon. The name of
this veifel was the Pomona; and,
shortly after he came on board,
they failed from Portfinouth to
Falmouth, during which time his
behaviour was in every refpect be-
coming and decent. When he was
at fea, however, he told them who
he was, and avowed his having
been concerned in a plot to kill the
king, by an air-gun; and faid, that
if government knew he was on
board that ship, they would fend a
frigate after her, to bring her back.
It fo happened, that two days after
they were at fea, they were cap-
tured by a French corvette, La
Vengeance; and he exprefied the
utmolt fatisfaction at the thoughts
of going to France; feeling him-
dolf much fafer there, than while
amongit an English crew. They

were put on board another ship, the
Elizabeth, and afterwards again
transferred at Breft to another.
During this time he rather acted as
a fuperintendant of the prifoners
than as one himself. He had fre-
quent conversations with the French
commissaries, and made several de-
clarations as to his former and fu-
ture intentions of killing the king.
It seemed then his intention to re-
main there or go to Holland :
but upon the arrival of a cartel
ship, he came home under the
name of H. Wilfon, and defcribed
himself as one of the crew of the
Hope, and not of the Pomona as
he really was. Upon bis paffage
home, he endeavoured to perfuade
the witnesses not to notice when
they got home what pafied at Breft,
nor the circumstances of the change
of ship and name. They were
landed at Fowey in Cornwall, and
upon these men giving information
to the magiftrates of what had
paffed, he was instantly appre-
hended. In coming to town, he
endeavoured to perfuade the officers
to let him efcape, and told them
they could not expect above 5s. for
their job, but he could reward
them much more liberally. One
asked, if they confented, what they
could do with the poft-boy? He
answered, the boy might eafily be
fecured by one of the pittols which
the officer carried. Having thus
gone through the circumstances of
the cafe, the attorney general ob-
served, there were two points for
the confideration of the jury. The
first, whether the prifoner was a
party to the fabrication of this wea-
pon; and secondly, whether it was
defigned for the purpose charged
in the indictment.

He

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The jury, after retiring about two hours, brought in a verdict of Not Guilty.

Henry Weston, the un13th. fortunate young man who forged the name of general Tonyn, and thereby got poffeffion of 500ol. stock, was tried at the Old Bailey, and capitally convicted. He calmly addressed the court after conviction, acknowledging the justice of his fentence, and hoping all young men would avail themselves of his example, and avoid the crime (gaming) which had brought him into fuch a miferable fituation.

The trial of William Auf14th. tin came on at the Old Bailey this morning at eight o'clock, before Mr. Juftice Grofe, and lasted till half paft seven in the evening,

when he was found guilty of being concerned in the forgery of the late Mr. Lewis's will.

16th. An action was brought in the court of King's Bench, by lord Valentia againft Mr. Gawler, for crim. con. with lady Valentia. The damages were laid at 10,0001. Mr. Erskine, with his ufual ability, stated the cafe, and the criminal conversation wasclearly proved from the evidence of a maid fervant, lady Lucy Maxwell (his lordship's fifter), and others. The defence fet up was, that lord Valentia not only winked at, but in fome meafure promoted the incontinency of his wife. Lord Kenyon delivered an excellent charge to the jury, and they brought in a verdict of 2000l. damages.

On the morning of Friday the 13th of this month, the Peak hills in Derbyshire were covered with snow near four inches deep, the contraft between which, and the green thorn fruit trees in full bloom, formed a fpectacle novel and ftriking.

There has lately been discovered at Wallingford an old painting, on oak, of our Lord's laft entrance into Jerufalem, which has been used as a chimney-board, and was near being thrown into the fire; but turns out an original of the great Raphael's. The drawing, expreffion, and arrangement, aftonith all who have feen the picture. Connoiffeurs far and near are going to its owner continually to behold this fine piece, rescued by accident from obfcurity and the flames, and likely to produce no inconfiderable fum by its fale. Several hundred pounds have already been offered for it and refused.

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