accosted. They were about twenty-five, armed with muskets, bayonets and scythes fixed in staves, bludgeons, and the like irregular implements of offence. Some of them were cleaning their locks, dressing their flints, or loading, and all preparing for a charge. They said they had already beaten the Bantry men, and that a battle did not then depend on them, but that they had posted themselves on a rising ground, on a road which they knew the enemy must take to return home. Major - determined to wait the issue of the rencounter, but was disappointed, a man running hastily to inform the Balleybournians, that the Bantry bully, and his whole clan, were retreating across the bills in all directions.

The friends returned home, musing on the wonders they had witnessed, such new and pregnant proofs that man is a rational creature; and quite ready to agree with Lord Monboddo, that, every thing which is in posse, may also, or rather must, at some period or other, be in esse.I am, Sir, your old friend and correspondent,

THIS

A BIT OF A JOCKEY.

LOTTERY SPORTING. Court of Exchequer, Friday, April 21. McKellar v. Bellamy. was a bill filed against the defendant, to recover from him 4,900l. which he had invested in the Bank in his own name, though the plaintiff claimed it as his property.

Mr. Clarke stated the particulars of the case to their Lordships, and said, that the plaintiff was a gentleman who had considerable property in India, and when he came

to England from his estate, he was recommended to the friendship of the defendant, Mr. Bellamy, who rendered him many services, such as looking after his business occasionally, and once or twice assisted bim in furnishing a house, whereby he saved a considerable sum of money; for all these services, Mr. M'Kellar expressed many thanks, and one day, as they were going together through Cheapside, the plaintiff went into a lottery office, and there purchased the fourth of a ticket, declaring at the same time, that if it turned out a prize. worth dividing, the defendant should have half, as some recompense for the many obligations under which he lay to him. This share, however, turned out a blank; and Mr. McKellar declared it his intention to go on purchasing shares, until he should get some prize worth their dividing. He accordingly tried his luck a second time, and again failed. Shortly afterwards Miss Bellamy, the daughter of the defendant, dreamed that No. 5 was drawn a prize of 20,000l. This dream was communicated to M'Kellar, who was at that time in Scotland, upon business, and he wrote up to his wife. to request she would purchase a whole ticket, and at the same time to tell Bellamy to purchase a fourth of No. 5, with the money of the former prize, and to add as much as would accomplish that purpose from his own pocket.

Mr. Bellamy accordingly, the next day, repaired to Messrs. Hazard and Co. but found that all No. 5 was sold, and purchased a 4th of No. 27, which most certainly was drawn a prize of 20,000l. Mr. Bellamy immediately wrote down to the plaintiff, telling him that all No. 5 was sold, and that

he

he had purchased a share of No. 27, fully intending that if the plaintiff had not liked that, and if it had been a blank, to have taken it for himself; but something predicted to him that he ought to multiply his daughter's number in itself, and add 2 to it, standing for 20,000, and thus he got 27, which was a prize of 20,000l. and the letter finished, by saying, "you are master of 4,9001." observing that at that time he did not consider that he had any right whatever to it. The next day, he went and lodged this money in the Bank in his own name, and he now refused to draw it out, and the money was accordingly assigned over to the Accountant-General in the name of the action. He (the learned Counsel) would be glad to know how this gentleman could claim this money? There was no contract nor consideration, and upon the same principle this gentleman might have been made to go on purchasing shares for twenty years, until he had the good luck to get a prize. Upon these grounds he submitted that Mr. Bellamy had not the smallest right to a single farthing.

Mr. Dauncey, for the defendant, argued, that part of this money with which the ticket was bought was the defendant's, and that it was to his ingenuity the plaintiff owed his having got the prize; and he insisted that his repeated promises were quite sufficient to compel him to divide this money. Their Lordships, however, decreed for the plaintiff.

INA,

The kingdoms of Wessex and Mercia had been long at war with each other-but the breach was at length healed, and Egbert, the son of Cenulph, King of Wessex, and Edelfrida, the daughter of Ethelwold, King of Mercia (two infants), are betrothed, for the purpose of consolidating the peace. The tragedy opens with the arrival of Edelfrida, at the Court of the King of Wessex, preparatory to her marriage with Egbert, whom she passionately loves. The Prince, however, forgetful of the policy that had destined him to be the husband of Edelfrida, has selected a lady more to his taste. This fair one is Ina, the orphan daughter of Sigiswold, a gallant chief, who lost his life in defending Cenulph. To her he is privately married

AT DRURY-LANE THEATRE.

ON Saturday night, the 22d of April, a most crowded and

his intended bride, he is the father of " a young boy, fair as his mother's beauty." Edelfrida, enraged at the neglect with which

E 2

she

she is treated, incites her father, Ethelwold, to invade the territories of Cenulph. The old King, to escape the threatened danger, calls on his son to espouse the lady. The appeal is answered by the confession that he is already married. Cenulph, maddened by his disobedience, orders him to be dragged to a dungeon, but is immediately compelled to rescind the decree, by the intelligence that the Mercian troops have entered his territory, and that the army calls loudly for Prince Egbert to lead them against the enemy. The Prince departs to take the command of the troops. In his absence, Eldred, a personage nearly allied to the Royal Family, plans the destruction of Egbert and his wife. This Eldred had been "a soldier in his youth;" but disgust ed with Egbert, who had robbed him of his affections, both of the army and of his mistress, Ina (for he too loved her), he throws aside the sword, and assumes the pastoral crook. He fully exemplifies the maxim-" Cucullus non facit monachum.”—His mind is not changed with his babit; it is still torn by the pangs of slighted love and of disappointed ambition. By his advice, Ina is condemned to die— she having refused to disavow her marriage, and become the inmate of a monastery, where the " pions abbot" cherished the hope of having her completely under his controul. To effect the murder of Eghert, on his return from the defeat of Ethelwold, he employs four desperadoes; but the Prince disarms them, not by strength, but by eloquence; and the Abbot, who rushes forward to execute his scheme for vengeance, falls by the hand of Orwyn, the confidential friend of Egbert. Mean time Ina procures an interview with her fa

ther-in-law, and, by her pathetic entreaties, moves him to pity and forgive her. Edelfrida, indignant at the success of her rival, and deeply affected by the defeat of her father, attempts the life of Inaand, failing in her purpose, destroys herself. The Prince and his beloved Ina are thus rendered happy by the removal of their enemies.

In this very natural fable, there were abundant materials for dramatic interest and effect. The plot had the character of the age in which it was laid, and was pregnant with those high sentiments of honour and gallantry which distinguished our Saxon ancestors.In Ina and Egbert, most amiable examples were given of those high and pure principles of love and conjugal fidelity, honour and loyalty, with which the history of that period abounds. The crooked and flagitious baseness of the abbot was also faithfully drawn from those proofs of the atrocity to which, in the darker times, the disappointment of the passions drove the fiery spirit; and the weak errors of the king were a very probable effect of his listening to the machinations of a favourite. The materials were, in short, ample for the production of a play of great interest; but the lady has rather produced a dramatic poem than a regular drama. The versification is sweet and harmonious-the sentiments just and impressive-the images poetical, and though not recommended by their actual novelty, were rendered so by their dress and elegance. It was a poem, then, which will be read with delight, but which wanted situation, incident, and passion, to give it dramatic effect on the stage. The audience were highly interested in

sire of the Authoress, the second performance of the Tragedy has been postponed till further notice. The admirable Epilogue, which was spoken with great effect by Mrs. Bartley, is given in our Poetry of the present Number.

the soul, with which he knows so well how to harrow up the feelings of the auditor; and though Mrs. Bartley, in Ina, displayed a talent of meek and simple dignity in a superior manner, yet it was all, in the writing, too tranquil, too harmonious, either for terror or pity. The first and second acts went off with great applause. The developement of the plot, and the dramatis persona, promised a rich field for the muse of the author; while the ease and sweetness of the dialogue pleased, and many beautiful passages of tenderness gave the promise of her power to melt the heart. But in the third act symptoms of fatigue began to manifest themselves the colloquies were found to be much protracted; the speeches too little relieved by in cident, or warmed by action.And this was further and more alarmingly displayed in the fourth act, where one or two expressions were caught at by the critical malcontents, and censured by a murmur. From that moment the indisposition to hear it increased; and the whole of the fifth act passed under incessant impatience and condemnation.

:

Mr. Kean announced the play for a second representation, though the disapprobation was too strong for him to be heard. Subsequently, however, and at the express de

YORK LENT ASSIZES.

of the Norwich Union Fire and Life Insurance Office.

THIS trial excited considerable

interest. The plaintiff is a gentleman in the profession of the law, resident at Huddersfield, and the defendants are three of the Directors of the Norwich Union Fire and Life Insurance Company. The action, which had been some time before the Courts, was instituted upon a policy of insurance for one thousand pounds, which had heen effected on the marriage of the plaintiff with a lady of the name of Ormond, a native of Wales, and payable to the survivor of them.

It appeared in evidence that the parties were married at Knaresbo rough, in the month of May, 1811, about two months subsequent to which period the policy was effected in the Union Office, for which institution he at that time acted as agent.

The office having satisfied itself on the subject of the inquiries, transmitted the policy in question to Mr. Allison. On the death of Mrs. Allison, which took place about the end of January, 1813, soon after the holding of the Special Commission at York, the event was announced to the office in due course, and the usual certificates transmitted; but instead of receiving the amount of the policy, conformable to the terms of the con

tract,

tract, which provided that the amount should be paid to the survivor within three months after the decease of either of them, Mr. Allison was informed, that the Board of Directors had "learnt that the deceased was of such intemperate habits, that her premature decease could be attributed to no other cause," on which ground the payment was withheld. The plaintiff accordingly brought his action to enforce his claim, and upon the suit being instituted the defendants resisted the payment on ten separate pleas, so that the inquiry embraced no less than ten different issues, which were substantially these.-1st. Non est factum-that the office had made no such policy.-2d. That it was not in force.-3d. That the deceased was diseased when the policy was made.-4th and 5th. That she was intemperate.-6th and 7th. That the certificate of health was untrue. 8th and 9th. That the plaintiff falsely and fraudulently procured this certificate; and 10th. That the plaintiff had made a false declaration in regard to the age of the deceased.

In the course of the trial, the whole of these pleas were abandoned, except that of intemperance. And the plaintiff in support of his case, called nine different witnesses, who deposed, that at the time of effecting the insurance, and for upwards of twelve months afterwards, Mrs. Allison enjoyed good health, with some intermission arising from two miscarriages; and that from early life up to the period of her death, she was of regular habits, and by no means addicted to the vice imputed to her by the Directors of the Norwich Fire and Life Insurance Of

fice. The witnesses all concurred in representing Mrs. Allison, at the time of her marriage, and for many months afterwards, as a fine, blooming, handsome woman, of good complexion, and healthy appearance; they stated, also, that the disturbances in and about Huddersfield, in the suppression of which the plaintiff took professionally a very active part, and was consequently exposed to great personal danger, had a visible influence on his wife's health, and` produced a high degree of nervousness and debility.

The defendants on the other hand, called eleven different wit nesses, who swore that the deceased, both before her marriage and subsequent to that period, drank to excess. These witnesses in their cross-examination, admitted that Mrs. Allison was a healthy-looking woman, of elegant manners and superior education.

Mr. Parke, in a forcible reply, which occupied upwards of two hours in the delivery, animadverted with great ability upon the evidence, and condemned the conduct of the Directors in the strongest terms possible.

The Judge summed up the evidence very shortly, observing that it was quite impossible to believe that any person could for a series of years lead the life described by the witnesses for the defendants, and still continue to exhibit the appearance of good health. Such a course of intemperance, said his Lordship, must have long before extinguished her.

The trial lasted nearly fifteen hours; and the Jury, after retiring for about one minute, returned a verdict for the plaintiff damages One Thousand Pounds. FEAST