Star. — London, England, 1825-04-02 00:00:00

LW'!' ASSIZES. BURY ST. ST. EDMUND'S, MARCH 31. BUTT, MUM, V. FRUDGZTT. This tithe ca•ise, which has been before the public in the Courts of Equity and Law, for nearly seventeen years, came down here a third time for trial by the di rection of the Court of King's Bench, as they were of opinion that on the two former occasions the Judges put the subject matter to the Jury more on the law of the case than the facts, which the Court were of opinion weie alone what the Jury had to decide upon to put an end to this cause. On the former occasions the verdicts were for the plaintiff, who is the Vicar of the Manor of Lakenheath, in this county, under the endowment of the Dean and Chapter of Ely, in whom the Manor is vested, and who are the real plaintiffs in this action. The defendant is a proprietor, in common with many other persons, of certain land which is attached to that Manor, and called the " South Fen,* and was in for mer times a commonage. and which, of late years, is ' greatly improved and highly productive, and thereby rendered more valuable to its owners ; in all consisting of about 6,000 acres. Of late years the Vicar, under his supposed endowm • , claimed-ttre tithe of hay over this land—a thin ever before demadded at any pe riod within the r collection of man ; arid although the tithe of every other produce was set out, yet it was considered by the proprietors that, front time immemo rial, there was an exemption of this land of the tithe of hay, and the defendant refused to set out his tithe of hay, and this right of exemption was consequently brought into the Courts of Law to be decided. The original writ of endowment was lost. An immense mass of documentary evidence was gone into on both sides, one to establish the Vicar's right, the other to skew the immemorial exemption of the proprietors; and the question left for the Jury was, whether, tram all the documentary evidence before them, the Vicar was endowed ; and if he was, whether the terms of the original endowment contained an exemption or not, of this particular part of the lords lands from the tithe of hay ? The Jury, after an hour's d liberation, found for the defendant. This cause took up nearly a day and a half, as it did on all for mer occasions, in consequence of the voluminous mass of documentary evidence which was read over, and which had to be commented on by the Counsel on each side, the details of which were most dry and uninte resting. Tne SOLICITOR-GRNZRAL conducted the plaintiff's case, and Mr. Licar i whose father was deeply interested as a proprietor, led for the de fendant, and shewed a most extensive and intimate knowledge of tithe laws in all their ramifications, and which drew forth frequently the praise both of his Lordship and the Solicitor-General. Thus ends the Lakenheath tithe cause. The verdict seemed to give general satisfaction, and was one which was not at all expected by the adverse party. Sarah Barns stood indicted for . assaulting John Raynham on the King's highway, and violently taking from his person a purse containing notes and silver. The prisoner had been accompanied by two men, who fled. The Jury found the prisoner Guilty . . His LORDSHIP addressed the prisoner—He said she had been most properly convicted, as being the instru meet of some other persons in committing this high way robbery ; and it was to be lamented, for the justice of the country, the other accomplices were not taken. He had a great doubt whether he should not pass the sentence of the law upon her, and leave it to be carried into execution. The only thing which caused him to alter his mind was. that it did not appear she struck the prosecutor, for if she had used violence, then indeed sire should have been left to her doom, as in justice to the country her life would have been forfeited. Her life was saved ; but she could expect nothing more, as she would quit this country most probably for ever. The prisoner, who during this address was dissolved in tears,was then removed to prison. YORK, MARCH 31. STANFIELD V. SMITH AND OTHERS. Mr. ALDEIWN stated that this was an action on a policy of insurance to recover from the Ipswich Ami cable Laurance Company the sum of 1,5001. being the, amount insured on the plaintiff's premises, which had been consumed by fire. The defendants pleaded that the policy did not contain a just description of the pro perty and the materials of the building ; that the goods were misdesciibed ; that the claim was a fraudulent one ; and that the premises were set on fire by the plaintiff or his servants. Mr. &ARIA= stated the case. The plaintiff was a manufacturer of Prussian blue at Hanroyd, near Hali fax. For a part of the year 1823 he carried on that business in partnership with a person of the name of Emmett, on a limited scale. That partnership was dissolved at the conclusion of the year, and he cons. menced at the beginning of 1824 to conduct the busi ness on his own account. Hitherto the article had been manulactured in a small building, which he found in. sufficient for his purpose, and he erected a new factory on a larger plan. He had both the old and new factory, or dry-houses, as they were more properly called, in sured at the office of the Ipswich Company—the former for 50W. and the latter for 1,5001- including the mate mils and goods which they contained. In the month of October, 1824, the new dry-house was burnt down, and everything in it consumed, and it was for this loss that the plaintiff claimed damages by this action. The new dry-house was an oblong building, which was calculated for the purpose of drying the Prussian blue alter it had been manufactured from different materials. there was a stove at each extremity of the building on the outside, from which heat was communicated to every part of the interior by iron pipes. There were four sets of racks disposed in parallel lines along the building, upon which the blue was placed in lumps, and thus exposed to the action of the heat. When it was sufficiently dry, it was deposited in casks ready for sale. Mr. S tan fi e ld h ad a cons id era bl e s t oc k o f the article prepared in October last, and also undergoing the process both in his new and old dry-houses. Seve ral casks of the prepared blue were deposited in his 1711 dwelli ng -h ouse, wh i c h was a b out sevent y y ar d s i out the premises, a few in the old dry-house, and about fifty-two casks, besides the blue disposed on the racks, in the new dry-house. Hearing that there was a good market at that time for the blue in America, he went to Liverpool for the purpose of making arrange ments to ship a considerable quantity of his stock to the United States. While he was in Liverpool, he received a letter from one of his az.sistanti, stating that the new dry-honse had been burnt down on the morning of the 28th of October, and everything in it consumed to ashes. He instantly returned to Hanroyd, and hot found the fact to be as it was stated. From the circumstances or the case, as it would appear from the evidence, acre was little doubt that during the night of the 27th, an incendiary had broken into the premise's and set them subject; nevertheless, he admitted that such reports , on fire. Eatly notice was sent to the Ipswich Company were in circulation. of what had occurred, but they refused to make any Thomas Woods, the prosecutor, said he tan out naked compensation, saying that a true representation had not on hearing the call of fire, and saw the figure of a man been given of the goods and materials which had been running from the flames. consumed, ands hat their value was greatly exaggerated. This was the case for the prosecution. In defence It was not until the pleadings were entered on the re- Charlotte Woods, aged 18, the Jane ter of the prosecu cord that the plaintiff had the least idea that he would tor, appeared. She first denied that any attachment be charged with setting fire to his own premises. For subsisted between her and the prisoner, and then gave none of the pleas was there the slightest pretence, a.nd the following amazing account of the burning, in con he trusted that when the Jury heard the case they would ing forward to declare which, she said, she was actu- I give the plaintiff damages, not only for his actual loss, aced solely by a regard for truth, and a desire to save but also for his being obliged to come into this Court an innocent life: she related that on the evening in to obtain that compensation which they ought freely to question, all the family, excepting herself and a servant have given him. His whole loss exceeded 2,0001. but girl, whom she called Ellen, went to ted between nine unfortunately he was not insured for more than 1,5001. and ten o'clock. She usually slept in a small bed-room on that building which was consumed. The policy was on the ground floor, off the kitchen ; the servant girl, put in and read. who slept in the same room, having some articles of Witnesses were then called, who established Mr. SCA SLITS'S wearing-apparel to mend, sat up for that purpose, un- statement: after which Mr. J. %w-+o was about to address the known to her master and family, and she (the witness) Jury for the defence, when remained in the kitchen assisting her, until alma half- Mr. Justice BATIXT suggested the expediency of haying the ant eleven o'clock, when, bearing her father cough and whole case referred. He added, that he hag partkular reasons fur p' making this suggestion. make a noise as if rising, she and the servant hurried After some discussion, it was arranged that the case should be into their bed-room ° extinguished the candle and began referred and taken upon its merits, the expenses of the arbitration to un d ress . S I e ex plained that she was afraid of her to abide the event. Mr. Justice BATLEY then said,he had no hesitation in f ,ther knowing that they had been sitting up, as he had expressly prohibited any of the family from doing so, stating why it was that he wished this cause to be re- Miss Woods went on to state that she and the girl had fined. He had received an anonymous letter with re just knelt down to their prayers, when she heatd a stool spect to it, and he would take care that it should he laid before the arbitrator, in order that, if either party wished tall, and her face being turned towards the kitchen, it, the author of that letter, if discovered, might be ci i. into which a small window looked, she observed her initially prosecuted. In all cases where he received father approach the fire, from which he took a lighted turf; that she then beckoned the servant to watch her anonymous letters relating to a cause pending before him, he would be ready to do the same thing. not for father, and the two followed him to the door, where the purpose of making the letter the ground of a civil they remained concealed, and actually saw him with action, however, but of a criminal prosecution. his own hand set fire to the car-house, he having first Mr. Starkie was then named arbitrator. carefully loosed the calf and pig and set them at li- MAIDSTONE, MARCH 31. berty. She further deposed, that on witnessing such THE KING O. CAPSELL. extraordinary conduct on the part of her father, she and This was an information filed by his Majesty's At- the servant hastily returned to their room; they were torney•General against the defendant, for having, on greatly frightened, and although partly undressed, the 21st of February, 1821, at Kingsdown, offered to crept into bed, fearing that her father might come into one Edward Oldey, a seaman in his Majesty's ship the Loom. She then heard her father deliberately close Ramillies, employed in the Preventive Service, a bribe the kitchen door and go up stairs, where he rem lined to allow certain uncustomed spirits to be landed and about a quarter of an hour, and then came down and imported.—Guiltg. gave the alarm of fire. In addition, she related die 'I homes Foster and William Ilelle, were indicted for particulars of a conversation between her two elder having, with others, feloniously assembled themselves brothers, which she overheard a night or two after the armed with bludgeons, at the parish of Eastcherch, in burning. One of them remarked to the other, "If order to aid in the illegal running and landing uncus- i 4 speaking of the burning) it was a good plan to get toured goods, in the night of the 10th February last. 'Elroy put out of the way"—on which he replied, Mr. Serjeant Ons Low and Mr. Knox conducted the " Yes, but I doubt my father will go too far—be must prosecution, which was instituted by the Admiralty ; perjure himself." She also said, that some days previous and Mr. CLARKSON the defence. to the burning, her father had accused her of being in- After the examination of Lieut. Hamilton, the officer timate with M'Elroy, and told her that he would not commanding the Preventive men on the night in clues- suffer any person of such condition to come near his tion, who had been most cruelly beaten by the body of house, or have any acquaintance with his daughter.— persons of whom the prisoners formed a party, and Being cross.esamined on this point, she declared that whose conduct on that occasion was most warmly she had no particular regard fur the prisoner; that there applauded by the Learned Judge for his coolness and had been no intimacy between them, nor had he ever humanity in not using his pistols, which were loaded, taken improper liberties with her—that , the always ad at the time, dressed him as a servant, and only looked on him as her Mr. CLARKSON, on the part of the prisoner, with the father's servant. She admitted that she now lived un- Counsel of the Crown, applied to the Learned Judge der the protection of the prisoner's relations, having left that his clients might be permitted to plead Guilty (it her father's house about a fortnight previously, at which having been stated by Lieutenant Hamilton that they time she and the maid-servant, who accompanied her, had in no respect joined in the assault), and that judg. gave information of the foregoing facts to a neighbour. went might be respited to enable the Crown to avail ing Magistrate. itself of the testimony the prisoners were willing to give The servant girl, who was next examined, corro to further the conviction of the men (when apprehended) borated in every particular, the above statement. who actually used so much violence. This was assented A tailor swore, that on the night on which the burn to on the part of the Learned Judge, and the confession ing was said to have taken place, M'Elroy sat with was, with the judgment, recorded, the Learned Judge him from sun-set to sun-rise, as he was engaged all declaring that a proper representation of the case should night mending a pair of his small-clothes. be made in the highest quarter. After the examination of these witnesses, Counsel ANTRIM ASSIZES, MARCH 26. for the prosecution requested and obtained leave to pro .. duce further testimony on behalf of the Crown. He HUNTER 16 WWII). then called This was an action brought to recover damages for George Woods, son to prosecutor, who said he had the seduction of the plaintiff's daughter by the defen- heard what was stated by his sister, relative to a con dant. The defendant, it was stated by Counsel, had versation between him and his brother Thomas ;be gained the affections of the plaintiff's daughter, and swore positively that no such conversation, nor any such under the mask of honourable attentions, had robbed words, ever passed between them. He added, that after her of her virtue, in consequence of which she became the burning his brother and be sat up for several nights pregnant, and was delivered of a female child, and in a watching the premises, and that on a particular night, fortnight after, died of a broken heart. The damages whilst passing the byre, where his sister and Ellen (the were laid at 3001. servant) were milking the cows, he overheard the girl It appeared by the evidence of several witnesses, that remark to his sister, " Couldn't we put the burning on the plaintiff was a respectable farmer, who had eight feeding the calf?" (this the witness explained by saying children, of whom the deceased, Mary Ann, was the that the calf had bees usually fed by candle light—the only daughter. His family was well regulated, and inference be drew from the observation was, that they Mrs. Hunter a very prudent woman. had intended to ascribe the burning to the lighted candle The Reverend Robert Orr knew the plaintiff thirty communicating accidentally with the building)—to years ; he was a member of his congregation, and the which his sister replied, 4( we might have done so, had defendant had lately become so. Witness was sent for Ned (meaning the prisoner) taken the turf out of the by Mrs. Hunter about four years ago, to celebrate a thatch." The witness further stated, that he found the marriage between the defendant and her daughter-- turf with which the house had been set on fire, and The defendant did not seem ready for marriage :ill lie that it was of a peculiar quality, different from his should consult two particular friends. The plaintiff father's turf. He also stated that an intimacy had was anxious the marriage should take place that day ; subsisted between his sister and the prisoner, whom he the defendant put it off. discovered together one day, in a back room of a house John M'Coy had a conversation with the defendant, in Carrickmacross, in such a situation as left no doubt who said there was not a more proper girl than Miss on his mind of their improper intimacy. Hunter, and he would marry her if her father would A girl named Collins was next examined: she was give him over his property. Henry Christie had a con- in the kitchen on the night in question, in company versation with the defendant, after the death of the with Miss Woods and Ellen, and swore that they did plaintiff's daughter ; defendant said it was a terrible not sit there to work ; and she denied what the other thing that had befallen Mary Ann Hunter, but he two had stated respecting the conduct of her master. would do for the child, as he believed it to be his. The Learned Judge remarked upon the contradictory Other witnesses proved the birth of the child, and testimony, and the Jury, after being closeted several the death of the plaintiff's daughter, and one of them hours, and not having agreed on any verdict, were stated, that during her confinement, the defendant said, conveyed to the verge of the county and discharged. that so long as he had a penny, she should have a half penny of it, and he hoped she would soon be his own. It was also proved that the defendant visited the deceased constantly, and had been seen on his knees at her window.—The Jury returned a verdict for the plaintiff—Damages, £3OO. MONAGHAN ASSIZES. At these Assizes the following curious case was tried: Edward M'Elroy, a coarse country lad, aged about 20, was capitally indicted for setting fire to a car-house, be longing to Mr. Thomas Woods, of Cardaffkelly, near Cart ockmacruss, in February last. Mr. Woods, the first witness. stated, that about twelve o'clock at night, when the family were all in bed, he heard a noise as of some person stumbling, and on going down stairs he het.eld his car•house OR fire, and *Elroy urging the flames to wards his dwelling-house. Having alarmed his family, the fire, with some difficulty, was -übdued. M'Elroy. had been discharged from his service; he admitted that a calf and a pig which were shut up in the car-house, escaped uahurt. On his cross-examination, Counsel endeavouted to draw from him an acknowledgment of an intimacy al. leged to have subsisted between - his eldest daughter and the prisoner, but he denied all knowledge of the intimacy; he never suspected his daughter to he attached 1 to the prisoner, nor bad be ever questioned het en the Mr. HUSICISSON'S commercial policy has given such satisfaction to his constituents at Liverpool, that a sub scription is already on foot for a piece of plate to be presented to him. Subscriptions are restricted to £5 each : one hundred persons have already subscribed. The Committee of the Foreign Stock Exchange, it is said, have under consideration some plan for preventing, within that house, transactions in undertakings and associations of a worthless or frivolous description—a species of protection, by the way, of which the public at large stand •ery much in need. In consequence of the Poyais imposture, it had been required by the COM' mittee in the case of foreign loans, that some sort of scrutiny should be exercised before transactions in them should be permitted; but the mania for speculation in shares, in itself far more dangerous, has been le t with out guide or contt oul ; and the market has consequently been inundated with new undertakings to a degree that has almost superseded its regular transactions in Go vernment securities. Sums interfetence on the part of the Committee seems indispensable, but it ought to ex tend to those which now exist equally with those which seek an introduction i.ito the FoieLn Stock Exchange. Saturiay, a M. V. horse whipped Mr. R. in the Court of the College of Surgeons, Dublin. Both Gentlemen are students in the proleuitin of surgery. SPORTING INTELLIGRNCZ —maw— CROtTOg PAU)C RACES-MA.lmi 50. . - - ------ --- The meeting this year, both as to the tiutnber of the St Ars and the superiority of the heroes, was greater than on any for' her oreaa sion. His Royal Highness the Duke of York honouttd the Stew ards with his prepense. His Royal Highness is expected at New market on Sunday. Match, S• sot. list. each. Three miles. Mr. Burton's Donnybrook • o i • Dir. Smith Barry's Fencer • • 0 4 The first was a dead beat, and the second won only by half a nose. Two admirable heats. Sweepstakes of 25 sov. each, 12st. Capt. Stewart's ch. g. Earwig .' 1 Sir V. Colton 's b. g. Lark . . 2 Mr. Holyoake's b. g. Twighopper . . 0 The Handicap Stakes of lOgs. each, 20 added. Mr. White's Pectin's . . 1 Mr. Rose's Doctor . 2 Mr. Payre's Comical . 3 Tbe Billed= Coplow Stakeout' 25 sov. each. Mr. Watssn's Tom Paine . . i Mr. Peel's Bogtrotter . . 2 Mr. L Barry's Don Giovanni . . 3 The Farmers' Plate of 50gs. and lOga to the second bone. Mr. Burrowes's b. m. by Vivaldi . . 0 1 2 1 Mr. Hall's h. . . . 0 3 1 2 Mr. Duke's b. m. . • 3 2 3 dr These four heats were the best contested ones ever run ea Crim ean Course; the first was a dead heat between the two first. Match for Sixty Sovereigns. Mr. Williams's Burnby . . 1 Lord Howth's Fiddler 1 . 2 The Forced Handicap. Mr. White's Pecunia . Mr. Williams's &ruby • , • Pinson. GRAND TROTTING MATCH. Captain Crawford's b. in. started at Bourne-Lees, I.eiceste!• shire, on Thursday, to trot in harness, 28 miles in two hours, for 1.000 guineas. This is the same mare (Berthas) that did la miles in one hour (saddle) a few weeks since upon the trot. The ground upon this occasion was two miles of turf and road, and betting was six to four on time, the task Dever having been performed but upon two occasions. The .catch was done as follows : min. see. • s 32 . 5 58 • 8 28 . 8 34 . 5 32 • 8 30 . 8 28 59 42 The mare, it will be seen, lost in the match ; and otherwise it is lit two miles 2d . 3d . 4th . Sth . 6th . 7th . Bth two miles 9th ! . 10th . . 11th . . 12th . . 13th . . 14th . . alio. bee. a 34 S 35 9 '4O 8 46 8 52 8 50 8 SS I S 1 15 by 57 seconds. She broke twice supposed she could not have wone The King of NAPLILS is proceeding in his popular course. He made his public entry into the capital on the S.h of March, after issuing a general amnesty tothe inhabitants elCaltanisetta for the part they took in resist ing the invasion of the Antrians in 1821. His M&JrsTt has restored to the city the title of Most Fai•hful, which it enjoyed previous to the disgrace it suffered for defending itself against the Austrians. Trtis mea sure seems to be of a very marked character, especially when we couple it with the KING'S refusal to meet the Emperor of AUSTRIA at Milan. JEWISH Swounza.—Bills of indictment for a grand larceny, to be tried at the next Commission at the Old Bailey, were on Wednesday last found against Hatrig Brandion, the Russian Jew, who at present stands charged in three cases of swindling. One of the Bow-street patrol endeavoured last night to apprehend him, (for the former charges only amounting to a mis demeanour, he was admitted to bail), but did not suc ceed in his caption. However, as the rfficers are now on the alert, little doubt is entertained of his being brought to justice. Seamen are uncommonly scarce in this por t at present. Many vessels have been obliged to put to sea short of their full complement of men. Wages have in conse quence risen considerably within the last week. We understand that Si. 10s. per month has, in marry cases, been given for able-bodied seamen.— Liverpool Paper. Some daring thieves on Wednesday night effected an entrance into the house of Mr. BRAIIAII, the singer, in Baker-street, Portman-square, by forcing open a window of the laundry, which they plundered of a quantity of wet lines. The horse shoes of Newcastle on Tyne, on S tturday last, struck for an advance of Ss. per week, which the masters have complied with. The masons have de manded an advance of 4s. per week. A FILIIIALI CONSTABLE.—The established usage at Hatton-Garden Office, of hearing warrants only during the day, was interrupted, through the active exertions and powerful appeal to justice, from Molly Toomey, who, about a week ago, under the title of a warrant, kindly procured an order for adm;ssion for her hus band, Mr. Larry Toomey, into his Worship's presence. It appeared that the execution of this warrant was en. trusted to Thisselton, the Officer, but Larry having been employed at work in Highgate, he found, besides the advantages of good air, many other com'orts to in duce him to sleep in the country rather than at home. Of course the Officer got no trace of him; but Molly, with becoming vigilance, p tunced upon her sr use on Thursday night, and taking upon herself the duty of a peace-o ffi cer, she dragged Larry to the Office. When the parties were introduced to the Magistrate, the col. lowing dialogue took place ; Magistrate: What is your complaint, my good woman?—. Molly : There's no living with him, your Honour, for he's always killing me day after day.—Magistrate: When did be strike you last?—Motly : The day before Wednesday, your lionour.— Magistrate: And when did he strike you before that?—bloily: The day after; Wednesday, your Honour.—klagistrate: Have you any witnesses?—Molly : Eggs, I have, in truth.—Magistrate: 'llse produce your witness.—Molly : Loan, there he is to the i Larry himself is my witness. —Here the case for the prosecution closed.. Larry, when called on for his defence, assured his Worship there WAS no killing his wife, or doing any other goo.t with her, she was such a devil. She had •• sourd or popp'd " all his clothes, and the garments on him were borrowed from Nick Flaherty, to look genteel before his Honour. In proof, it was stated that Molly popp'd Larry's Sunday coat to p ay the law expenses.—The Magis rate cautioned Mol ly in future neither to near nor pop the breeches, upon which she withdrew, with no evident intention of profiting by such counsel. S ING ULAR Cuoaoa.--The following extraordinary letter appeared in the Dublin Morniag Post of Wed nesday last : •• TO THE HON. JUSTICE TORRENS. * My l oan — I have ever manifested a taste tot Wiggle( debars.' . poblis silken before the proper authorities, my *semi earmss. I me unialed, saver prognosticated that this propensity would Wag me to the plows. list so it is. I go compile, way Lord, shut the Qv/ hangman is in the habit of boast* that is onfartmeete perms to wiles he lad to administer the last rites, mid to whom be had a gredge, he had atypic ads hales of in Ids awful moments, by adjoining the rope so as to him adm lbw. violist marsh on his way to eternity. tyro is elm apis h. words are, ' I made him saw. Mu.' lier Lai*, so doubt, will mads, seek a odsersoot as die. 'graceful to the seaffel as was Jeffries to the Beech. • I hove the homer to be4 . llle. " Cork, March is, IW. " JOHN BOYLE." .~.... - 4 • #0 • • 1 ' I •