should not be thrown away, but should be made the most of. Madame Catalani had rated her services so high, that Mr Waters could not engage her last season; that lady was of herself a host, and when she sung, Mr Waters trusted to the General, not so much attending to the Soldiers; but, since her departure, the attractions of the Opera had depended on the management of the plaintiff, and certainly there never had been a season at the Opera House which had passed off so pleasantly to the performers, or so beneficially to the proprietor. Mr Serjeant Copley rose, and made a very able defence on the part of the defendant. He said, that with regard to one observation which was made by his learned friend, namely, that the gentleman who was the defendant was well known in the Courts of Law, in consequence of the litigation which he was carrying on-he was quite sure the Jury would be satisfied that Mr Waters was not influenced by a spirit of litigation. This was not a question as to the general merits of litigation. This was not a question as to the general merits of Mr Ayrton, and what Ayrton would be entitled to receive; but the question was, what was the specific contract entered into, and what sum this gentleman was to receive by express stipulation. If he proved what was the extent of the remuneration he was to receive by a contract, that would be the measure of the damages. In 1816, in consequence of the personal infirmities of Mr Kelly, who had superintended the management for a period of twenty-six years, it became necessary to look for some assistance with respect to the stage management -not the general management, but with respect to that department in which Mr Ayrton was engaged for one season, for the sum of 400l. Immediately after this engagement, Waters proposed going to Paris, in order to strengthen the corps of performers; but told Mr Ayrton distinctly, you are not to expect a remuneration: that was the proposition he made to Mr Ayrton, to which he conceded. Mr Ayrton having conceded to this proposition, went to Paris, and, to a certain degree, assisted in the selecting of performers for a short time; but it was found that a Mr Bonnelli, who was on the spot, was more experien eed than Mr Ayrton, and was a person who spoke the languages fluent ly-French and Italian accurately; and could do this more completely than Mr Ayrton. Having done this at the expence of Mr Waters, after he had run through all the amusements of Paris, he returned to this country, and almost immediately after called on Mr Lees, a friend of Mr Waters. Mr Lees was desirous of knowing what arrangements were made; upon which Mr Ayrton said, "I don't know, because the business has not been transacted by me, and it has been a party of pleasure." So much with respect to that part of the demand, and I am sure that when he comes to prove this contract, there will be an end of all claims on the part of Mr Ayrton. Then to the second part, namely, what remuneration this gentleman is entitled to receive in consequence of his services. Mr Kelly, who had been manager for twenty-six years, had never had a salary of more than 400l. for all his various duties. Mr Ayrton, who merely took under his direction the musical depart. ment, was engaged at a salary of 4001, By the assistance of Mr Lees, he should prove that Mr Ayrton was engaged at 400/ for the season, and the Jury would say whether or not that was really the contract between these gentlemen. Charles Lees sworn. Examined by Mr Serjeant Copley.-Said he was an assistant of Mr Waters. Mr Ayrton was engaged in September; he repeatedly told witness that he was en. gaged at a salary of 4007. At the period of the negociation of the noblemen and Mr Waters, Mr Ayrton begged of him to mention to Mr Waters, that his 400/. should be changed to 500%, and instead of his name standing in the book as Mr Ayrton, it should be changed to William Ayrton, Esq. Mr Waters objected to the alteration of the 400l. to 500l., but he smiled at the alteration of Mr to Esq., and adopted it. Mr Waters afterwards made a proposal to witness to go to France, when he recommended Mr Ayrton, and afterwards communicated Mr Waters's proposal to Mr Ayrton, which he accepted very wil. lingly, and added, that if Mr Waters would pay his expenses there and back, he should be glad to go. Witness communicated this to Mr Waters, and he went. He was absent about two months. Mr Waters said he would also pay for Mr Ayrton's amusements at Paris. The morning after his return, witness saw him, and on asking what had been done, he said he had scarce had any thing to do with the engagements which were made by Mr Waters, and added, that as for any assistance he was to Mr Waters, he might have remained at home. Cross-examined by Mr Scarlett.Held no situation under Mr Waters. His connexion with him was a friendly one. He did receive a gratuity for what he did. He assisted Mr Waters in the management: He received no settled reward for this; it was quite at the discretion of Mr Waters. He had received large sums from Mr Waters for a concern in the beginning of 1815, when he came to the Theatre with Mr Perry; was not sent by Mr Waters to Mr Ayrton. Had no recollection of having said to Mr Ayrton that no man could exercise an active employment in the management of the Opera-House without becoming a confirmed liar; would positively swear he did not say so. There were various sorts of lies told respecting the OperaHouse; he meant respecting orders issued, and so on. It was necessary that a person becoming connected with a theatre should sometimes state that which was incorrect, with a view to meet the objects of the concern. Mr Scarlett now replied at considerable length, and with great ingenuity, contending that nothing had been offered to lessen the demand of the plaintiff, who, he submitted, was entitled at least to 1000%. The Under-Sheriff then summed up the evidence, leaving it to the Jury to form their own conclusion as to whether the contract described by Mr Lees had actually been entered into between Mr Waters and Mr Ayrton, or not. If they were of opinion that the contract had been entered into, then Mr Ayrton's claim must be limited by his own agreement. If, on the contrary, they thought no such contract had been formed, they would then advert to the general nature of the duties which Mr Ayrton had performed, his fitness to perform them, and the reward to which he was entitled. Upon this point they would be enabled to form their judgment by the evidence which had been given in the early part of the cause. The Jury, after a short consultation, found a verdict for the plaintiff. Damages-700/. Costs, 40s. SAILOR AND MONKEY. Mansion-House. On Tuesday, Sept. 8, the Lord Mayor, in the course of his business, was interrupted by a sailor, a showman, and a monkey, who arrived at the Justice-room with a great multitude behind them. The monkey was making a most hideous noise, and the sailor and showman, who had been arguing on their way to the Mansionhouse, were so completely absorbed in the subject of dispute, as not to take notice, for some time, of the authority presiding. The monkey, however, was more respectful in his manners, and seemed to have a due impression of the dignity of the magistrate before whom he was brought. His Lordship having noticed the respectful demeanour of the monkey, called upon the sailor and showman to follow the example of the animal, who at that moment began to exhibit some of his most amusing tricks, such as pulling the showman's nose, untying his cravat, dragging open his waistcoat, &c. The Lord Mayor having desired that if there was any complaint to be made, it should be proceeded upon, the sailor said, he and the monkey were the injured party; the showman was the aggressor. His Lordship seemed to think that the monkey would be as well able to explain the matter as either of his companions; and the conclusion appeared to be just, for while the features of the men were agitated with passion, the monkey's were as grave as those of a philosopher. The monkey kept his eye fixed upon the Lord Mayor, and at the conclusion of every sentence from his Lordship, uttered a piercing cry. The sailor at length made his complaint. He stated that he went into Gilman and Atkins' exhibition of wild beasts, in Bartholemew Fair, and while he was looking at the curiosities, he recognised the monkey which was now before his Lordship to be his own property. He had purchased it for four or five dollars at St Kitt's, some months ago, and upon his arrival in this country, he had lost it at Portsmouth. Upon entering the show, he immedi VOL. XI. PART II. ately told the keeper that it was his monkey, and have it he would. The keeper refused to give it up, and declared that his master had bought it fairly for 17. The showman here got into a high passion with the monkey, who had seized him with such violence by the nose as to make him roar out. The animal growing more and more averse to the control of the keeper, held his paws out to the sailor, and moaned piteously. The Lord Mayor said, the only way for him to decide upon a case in which there was positive assertion on both sides, was to leave the matter to the monkey himself. His Lordship then directed that the monkey should be placed upon the table, and that each party claiming him should use his powers of fascination, in order to ascertain to whom the monkey was most attached. The monkey was put upon the table, but narrowly escaped death, from an attack made upon him by a dog, a constant attendant at the Mansion-house. Having escaped this dan ger, the Lord Mayor marked the effect of so important an adventure, and seeing that the monkey fled to the arms of the sailor (who shewed most concern,) for protection, and that the animal throughout had evinced towards him the greatest attachment, he thought he was the rightful owner. The desired experiment, however, was now made, and the showman put a piece of stick into the monkey's paw, and desired him to shoulder arms. Instead of obeying this order, the monkey struck the keeper on the head, and then threw it in his face. The sailor next called upon the animal, saying, " Jack, look sharp, and make a salam to his Lordship." The monkey instantly stood erect on his hind legs, raised his paws to the top H of his head, and made a low bow to the Lord Mayor, in the Turkish style. He then hugged and fawned upon the sailor as before. "If any thing else is necessary," said the sailor, "to prove him mine, I can show it. There is a hole in one of his ears, which I bored in St Kitt's, for it is fashionable for the bucks to wear an ear-ring there. His left paw is marked by a fishing-hook, and part of his tail is bitten by a parrot that used to quar. rel with him." These marks were observed. The Lord Mayor advised the showman to give up all claim to the monkey, but he refused. The sailor refused to part with the monkey, and the monkey would not part with him. The disputants at length left the of fice, the monkey clinging to the neck of the sailor in the most affectionate manner. II. PROCEEDINGS OF SOCIETIES. ROYAL SOCIETY OF LONDON. THE Society met on November 6, but in consequence of the death of the Princess Charlotte of Wales, the meeting was adjourned. Nov. 20.-Sir Everard Home read the Croonian Lecture, the subject of which was the changes which the blood undergoes in the act of coagu. lation. A considerable part of the paper consisted of an account of a number of minute microscopical observations that had been made by Mr Bauer, on the red particles of the blood. He attempted to form an estimate of their size, and gave a description of their appearance. Their colouring matter he conceives to be something superadded to their proper substance: he supposes that they possess a regularly organized structure; and by comparing them with the appearance which the muscular fibre exhibits, when highly magnified, he concludes that these particles are the immediate constituents of the fibre. With respect to the generation of vessels in effused blood, he imagines that it depends upon the gas which is extricated from blood during its coagulation; this, by insinuating itself between the adhering particles, produces tubular cavities, which are afterwards converted into more perfect vessels. Nov. 27.-A paper by Mr Seppings was read, on the increased strength given to ships of war by the diagonal braces. It contained an account of some very ample trials that had been made of this method of constructing the framework of vessels, the result of which was such as completely to justify the expectations which had been raised, and to confirm the favourable reports that had been made on the subject. On Monday, Nov. 31. the Society held its annual meeting for the election of officers for the ensuing year.— There were elected,— President.-Right Hon. Sir Joseph Banks, Bart. G.C.B. &c. Secretaries.-Wm. Thos. Brande, Esq. and Taylor Combe, Esq. Treasurer.-Samuel Lysons, Esq. There remained of the old council, Right Hon. Sir Joseph Banks, Bart.; William Thomas Brande, Esq.; Samuel, Lord Bishop of Carlisle; Taylor Combe, Esq.; Sir Humphry Davy; Sir Everard Home, Bart.; Samuel Lysons, Esq.; George, Earl of Morton; John Pond, Esq.; William Hyde Wollaston, M.D. Thos. Young, M.D. There were elected into the council, George, Earl of Aberdeen; Davies Gilbert, Esq.; Charles Hatchett, Esq.; Captain Henry Kater; William, Lord Bishop of London; Right Hon. Charles Long; John Reeves, Esq.; Richard Anthony Salisbury, Esq.; Edward, Duke of Somerset ; Gloces ter Wilson, Esq. Since the last anniversary, 21 members have died; one has withdrawn, and 25 new members have been admitted. The present number of members is 652, of which 40 are foreign members. The Copley medal was adjudged to Captain Henry Kater, for his experiments on the length of the pendulum vibrating seconds. On December 11, a paper by Captain James Burney was read on the |