Star. — London, England, 1827-07-14 00:00:00

DOVER REGATTA. the Patronage of the Loan Htea Atettaat of Real.Arlo, the Da of Lotamoc, and Rosier HIIIIIT Jazzmen, Esq. Linter ont•Goyernor of Dover Castle, The ttegatta being fixed to take place on Tuesday. .tessch of August ensuing, the Committee of Management feel It d,e to the Public to engem:co, on the authority of a recent cot re,pondence, that this National Exhibition will be honoured with the presence of the Royal Yacht Cleb. The Rises for the Yachts are Two Gold Cups of Fifty Sove r,,zoi each, to be sailed for by tsoe Class, soy exceeding 45 Tons; 04 another not eaceeding 7. Tons, round a Course of Four Flag y oe 4, anchored between the Promontories of the South Foreland guispeare's CA and immediately opposite Ambleteuse, on *toast of France. Succeeding which there will be a Grand Row ai Contest between Six-oared Gantt., built at )over, Deal, Folk pot, sett Sandpte, for Twenty-fire Sovereigrjr; followed by two !Vales between the Foer.oared Galilee belonging exclude:ly to Doter; slid a Sweepstakes for Siz and Fear-oared Genies of any i rsi b u —subject to regulations which will be issued in due coarse. rb r re will be Public Ordinaries at the several Inns, and a Re cta Sall in the evening. T. B. L. HOILIA Secretary. Dover, July 19, 1827. SPORTING INTELLIGENCE. BATH AND BRISTOL RACES, Jinx 11. Tae Sanewtskire Stakes of 2.5 sou. each, 15 ft. &c. Two miles and a distance. Mr. Sotkes br. c. Jock°, by Filho da Puta, 4 yrs, 7st. 101 b. 1 Mr. Coven's El Dorado, 6 yes, sat. 131 b. . . . 2 I.cd Palmerston's Logborough, aged, 9st. 71b. . . 3 As neellent Race, wpn by a bead only—Bl Dorado the favourite. The St. Leger Stakes of 25 sews. eat+, h. ft. for throe years old. One mile. .ge Sggs's br. f. by Smolensk° . . . I - . , „... „„ . pr. Turner's ch. c. Inglemere . . gr.Thornhill's be. 1. Chriatabel . • . Sdo for three and four yr olds. Two mile heats. __. . . . ... . S • 5 xi% Waines Lawrence by Rubens, 4 yrs, est. 121 b. 4 1 1 Xt. Radclyffe's b. 1. Profile, 4 yrs, nst. 91b. 1 3 3 )It. Turner's Inglemere, 4 yra est. 121 b. . 2 2 2 lani Palmerston's b. c. by Whalebone, 3 yrs, 7st. 71b. 3 4dr The Plate was well contested. ascot.° bar. The Original Stakes of 10 sots. each, and 30 added. Lord Iduuntcharles's Royal Oak . • • 1 4 4 Goddard's c. by Anticipation . • s Ilr. %Ines Laurence . . . 3 Macdonald rode the winner. The Bath and Bristol Stakes of 10 sow. each, and BO added. . _ Mr Ilueoe's Forester Lass . . 0 4 1 1 Lord Paimerston's Cooquest . . 0 1 II dr The ftrit was a dead heat. Whitehouse rode the winner, and Coolant by Paris. . - LA NCASTICR. RACES—Coact-cal°. %mistakes of 15 ion. each, b. ft. for all ages. Two miles and a distance. Jr.Willtimen's eb. f. by Octavian Mr. Hargraves b, e. by Octavian ' . 2 . . Two paid. Grey rode the winner. Tie Noblemen and Gentlemen's Plate of £7O for all ages. Winners . 1 1 . 2 2 to carry extra. diem three miles. Mr. Robinson's br. c. by Grey Walton, S yrs )Ir. Suspson's by Comus, 4 yrs Lye rode the winner. The Handicap did not fill. The Cocking for 200 soya. between Lancashire (Rockwell), tad fenberbed (Woodcock), for l 0 gs. a battle and 200 the odd, was we by Cumberland by two main battles; all the byes but two me won by Lancashire. TEN BURY RACES, Jure 12. Be Maiden Plate of ,E5O for three yr olds and vpwrucla. Heats two mile.. It Plckemell's b. f. Miss Eversley, S yrs Wright's b. g. by fdagistrate,3 yrs Ni.fteld's b. f. Mary, 4 yrs . lir.Csoke's b. c. His Majesty. 3 yrs Nr. tiler's b. on. Eleanor, S rs Nr. Runcles b. c. by Manfre d, 5 yrs Lear rode the winner. A Hunter's Rakes of S gs. each. Heats three miles. M:. Wheeler's b. in. Fanny, by Ambo, 6 yrs . . Mr. Price names b. g. Welehman, 6 yrs . . I t Griliths names b. g. by Yoaog Beningbre . . 3dr Sr E &oust names Tenbitry Lass, aged' . . 4dr An excellent race. Spring rode the winner. Be All-age Stakes of 5 sows. each, and 10 added. Heats tern milts. Mr. Meredith names Maid of Mansfield, 5 yrs 1 1 Mr. Gwakeres b. m. Prude, 5 yrs f It Gland Lying' names b. m. Mina, aged S dr J. Galway, Esq. of ?dome Park, is Steward for next year. 5 1 1. 1 2 5 4 5 2 5 4 4 3 dr bolted 1 1 TROTTING MATCH AGAINST TIME FOR 100 SO'VS. fir Laing of Coßaton Mains, near Edinburgh, matched his cele brated mare to trot sixteen miles within the hour. Friday being the day appointed for the undertaking, the mare started, rode by tattooer, weighing IS stone 41b. (a standing start) and completed the distance in 54 minutes and p) seemly*, gaining the bet five *otos and ten seconds within the given time; the mare did the ]smites apparently without any thing like extraordinary exertion, nut when it is considered tkat she is thirteen years old, this per. facasee may be deemed at l east equ al t o army thing of the kind Ulm' ever been done in Scotland. Distance done as under : • lit four miles, in 14 minutes. 2d four miles, in 15 minutes. ad foor miles, in is minutes and 10 seconds. 4th four miles, in 14 minutes and 40 seconds. ARCHERY. Sitar* his Majesty's prize was shot for in Hope Park, Eclin brill, by the Royal Company of Archers, the King's Body Guard, mati von by Joke Marton, Esq. wine merchant, Leith. The day being beautiful, a numerous company of spectators attended, among whom were most of the Officers of the Ist Dragoon Guards ukt 924 Hi bblabatts. The fine band of the former also attended, and played many favourite pieces of music. The Archers dined afterward s in their Hall, Sir Henry Jardine, in the Chair. Among the pests Were Colonel Teesdale, and the Officers of the Ist Dra lson Guards, and Colonel Williamson, and several Officers of the 1:4 Regiment of Foot. INDIAN SPORT. At a Young Officer of the Bengal army was proceeding up the ""lek of his way from Bethampcire to Patna, be beguiled the Wars ef his voyage by exercising his fowling-piece on the Won "'ink feathered tribes which haunt the sunny banks of that noble Though not a first-rata marksman, his skill was by no means • `tarible. In the course of his sporting adventures, however, • to with au accident which had nearly male him curse the rle( bis aim during the remainder of Willie. One sultry day, • lortuance of his accustomed pastime, he threw up the Venetian ° lndira of his Budgerow • and perceiving, as be imagined, a very summit assemblage of dark-coloured birds on the opposite shore, te levelled his gun with more than ordinary caution, and Palled ue anon, under the firm conviction that he should at all events r ib tbeo leve e . H e watched the ball leap along the glassy sin k'? of the water, moil it seemed to penetrate into the very midst of them; but, strang e to relate, not a wing stirred. Another shot --and another —and whither ; but the little dark figures remained is stationary as ever. His head throbbed, and his eye ached from theintensity at the beat and glare. The distant shore appeared at tones u a dizzy mist; the broad smooth river reflected intolerable rsdn; and th e h ot a i r seemed composed of glimmering masses °:ner. oce reoving atom s , lik e the sun-illumined sands of the desert. L. rdet these circumstances, the appearance of distant objects might lay , deceived the strongest vision; and he began to suspect that !Mlle had taken for birds might be nothing more tkan a quantity n ono tred 'tones. H e a dd ressed himself to the boatmen, some 7 *haft confirm e d hi s suspicions, while others assured hint that ""ballet never reached the shore. Vexed, and weary, and half !4l4l,ld, he gave another fi le , w h en I n ! to hi s utter aston i s h men t, ast group of human beings, and appalled him with their ex ,itarilt senates. It happened that the extraordinary heat of the 'itlo had induced a large crowd of natives to throw themselves r e . c ° ol lap of th e goddess Gunge I. Being up to their necks Ithdsacred Stream," they presented the curious spectacle which th e now agitated sportsman. Ile lost not a moment in di liaubjeet to mak* the shore, and learn if any OCTIIOIII 81, 4 .. 1 0-d been indicted. Ois his landing he found, to his great to 0 , that the people, though sufficiently alarmed and irri wholly uninjured, with the exception of oue man, who 1,,,,,_-" 'bed a spent bail i n t h e pa l m o f hi s h an d. I t occas i one d , irt fts to slight a pain, t h at on cover i ng t h e woun d w i t h a f ew 277% the patient seemed immediately relieved.—Londee • • A pinnace. t Muter of the Budgerow. i Ganges. LodP Nn The S gr. Ss Nr.Tui W. Dm Xr. V. 74 Mr. Ha Nr. To larJ P Lord Hr. VI Ile M. 11 lied! Te Coop keep Jr. 11 1 Mr. H Tlee N Mr. 11 )Ir. Carob een They L. 11, W Eli Mr. C. , Nr. 1 Nr. 1 y.l lit. P Ik. G WE. Ile A W I W.G Cabo .I. Mr ants Ore thet. the d aieo um n.. 11 Lae. Out our Lod been amo in and and afro ti n Poi 141 • A Gam ala nF ai be Id! I sa l wo aa b• rtit dte tat It 1 of a• " . 4 • "' II O¢ • of G• • • 0 a r. 2 A • MURDER IN HUNTINGDONSHIRE. DISCOVERY 07 07 THE MURDERER. HUNTINGDON. Thursday night, 10 o'clock. Our conjectures respecting the guilt of the person now in custody on suspicion of having murdered the Rev. Joshua Waterhouse, Rector of Little Stukeley, in this county, have, within the last hour, been proved to be correct. The name.of the unhappy wretch is Joshua Slade, and he is only 19 years of age. We are not at present at liberty to disclose the minutia of this diaboli cal affair ; but it appears that Slade, in company with an associate equally reckless and abandoned, entered the house of the Rev. Gentleman on the morning of Tuesday, the 3d, with an intention to plunder, when they were surprised by the appearance of the aged Rec tor, whom they believed to be at a distance from the premises. A dreadful contest ensued, in which the murder of the Rev. Gentleman was accomplished, under the dreadful circumstances already communicated to the public. When seized by the throat by Mr. Water house, Slade thrust his hand into his pocket, and draw ing a knife, stabbed the Rev. Gentleman in the throat. 111101.1 THE CAMBRIDGE CHRONICLE. HUNTINGDON, JULY 12. _ _ _ The examination of Joshua Slade, who was appre. headed on suspicion of the murder of Mr. Waterhouse, took place this day before James Torkington, Esq.— No facts were elicited relative to the murder, but the fullowing is the result of the examination: Emmanuel Thompson sworn. He lives at Stow ;on the night of the 6th of June his house was broken into, and a barn, some ►acon, a gun, and a bureau stolen. In the bureau were three sovereigns and two Bank of England 11. notes ; it was carried Into a close about sixty yards from the house, and there broke open by some Instrument. He found the ham, bacon, and gun, afterwards, in *ld Slade's house. _ _ _ Sarah Aikia is servant to Mr. Thompson ; she went to bed about half past nine o'clock, at which time she saw the gun and bacon safe; at half past two next morning she got up, sad found them and the bureau missing. Samuel Rogers is servant to Mr. Thompson ; on the 9th of June be had leave to go to the feast ; on his return home next morning he found the back door open, a bat hangiug on the gate, and a knife near it. John Richardson, a constable, swore, that several pieces of bacon, a barn, and pig's cheeks, were by him found in the old people's house, at Little Stukeley. William Slade, the father, said, he never saw his sons bring them (the articles stolen) in, nor knew where they bad them from. Elisabeth Slade, the mother, said, she knew they brought some thing home, and locked it up in a coffer; and that it was not their own. Joshua Slade owned be brought them home. John Slade said, that he (his brother) and Heddinp, who has since decamped. took the things from Mr. Thompson, of Stow, See weeks ago. They pulled the slates of a back window in the back of the house, and got in; they carried the bureau into the close, broke it open, and found in it two sovereigns and a we pound note. They took a coat and a hat from the house, Rickard Thompson, of Alconbury, sworn:—He was robbed of eight bushels of pease, of the value of 21. 171. front a barn ; one of the primmer. confessed he mole them. Richard Thompson likewise swore, that two sacks, the one containing the pease, and the other the bacon, were his property. Both the Mr. Thompson. were bound over to prosecute. THOM THI HUNTINGDON GAZETTE, DAT= JULY 14. Further particulars relative to thOdurcier of the Rcv. J. Waterhouse, and the surrender of Heddlops. Late on Thursday night Heddings, whom the officers have been starching for daring the whole of the week, surrendered himself to the Keeper of the House of Cor rection. It seems he had concealed himself in a hovel near New Pasture Common, near this town, since Mon day last, and seeing no chance of escape, and most likely tired of his retreat, discovered himself to. the shepherd on the common, and wished him to fetch the keeper of the House of Correction, to whom he would surrender himself. He then made a state ment of what he knew of the horrid murder; and there now rensaihs no doubt whatever but the man committed upon suspicion, Joshua Slade, is the mur derer. No public examination has yet taken place, but the following is the statement of Heddings, who said that Slade communicated to him, about three o'clock in the afternoon of the murder, the manner in which the murder was committed. Slade told him—l got into the old fellow's house a little after nine o'clock in the morning, when the old man had stepped out, and secreted myself. I thought the old man was out, but he, the old man, saw me, and said, s' What, are you here again?' He seized me by the collar; I got away, and he ran after me to the garden-door, where he caught me by the jacket, and pulled me back, and seized me by the neckerchief, and throat, when we had a despe. rate struggle, and I thought at one time he (Water house) would have choaked me; but I kept jobbing at him with the bill in the throat, backing and sinking him about the head and face, and at last I became too powerful for him. The old fellow at last dropped, and I threw him into the tub ; at this time I heard the dog barking, and I went to see if any one was coming. I thought it was all up with me, and somebody there ; but finding no one' oming, I went back to the old man in the tub and found him groaning and heaving himself on his side. I thought he was getting the better of it, so pulled out my knife and quite dispatched him.— Heddings, on surrendering himself, was in a very ex hausted state, not having taken any refreshment since Monday, nor ventured from his place of concealment. The whole of this unparalleled transaction has been investigated with the greatest dispatch, and the county is deeply indebted to James Torkington, Esq. our worthy Magistrate. A few days ago, application was made to the Secretary of State for a police officer to assist in the discovery of the murder, when Mr. Sturges Bourne, with the greatest promptitude, sent down Ellis, of Bow -street, but before Ellis could enter into prompt exertions, the disclosures narrated above had taken place. It is expected that Heddings will be confronted with Slade before the Magistrates this day (Saturday). We have not given so full a statement of this affair as we could have wished, but sufficiently so for general information ; had we proceeded into more minute details, and related every circumstance, we might probably, by the publicity given to it, defeat the ends of justice. The recent falling off, both in the revenue of the Stamps and the Post Mee, may, in no small delver, be atui bused to the abolition of the Lottery. Yesterday afternoon, Mr. ARCHER, the master of the Kng's Head public-house, in Queen•stteet, Oxford, from a slight fit of coughing, ruptured a blood vessel, and inst intly expired. Yesterday , morning James Adams, a groom at a livery stable, in Wilson -street, Finsbury-square, while in the act of mounting a spirited horse, was killed on the spot, by the unruly animal rearing on its hind legs, and falling on its beck, w ith the rider undermost. A labouring man of the name of Lisher, living at B,otdwater, after returning from his daily work, on Saturday, ate his supper as usual, and rising from his chair, he exclaimed " LORD have mercy on me," and, dtopping to the ground, he instantly expired. He has left large family.— Bri.;6lon GuardiAr,. LAW INTELLIGENCE. COURT OF CHANCERY, Juix 13. DAWSON D. THORNE. The LORD CHANCILLOR, this morning, gave judg. men t in the above cause, which was a question wising on the will of a person of the name of Richard Thorne. The principal min devised by the will was 2.4001. stock, which the testator left to his two 'sisters, Eliza beth and Fanny, whom he described to be in ra:her needy circumstances. He also left legacies to the amount of 4001. to another sister, Mrs. Pierce, and he directed the interest on a debt of $OOl. owing to him from the plaint if, to be paid to Mrs. Mary Burton, who had for some years been in the habit of attending on his sisters, and whom he directed to continue to live with them as their servant. Upon reference to the cases of a similar nature, decided by this Court,' his Lordship was of opinion that the interest of the 2,4001. was vested in the two sisters for life, and in consequence of one of them having died some time since, the whole of the interest must go to the survivor for her life, and alter her death must be transferred to Mr. Dawson and Mrs. Burton, whom the testator appointed Executor and Executriz of his will. With respect to the Legacy left to Mrs. Pierce, It appeared that her husband having become bankrupt in the year 1810, had left the country, and had not since returned; but having been heard of some short time before the death of the testator, he must be considered as being now alive, and the interest of the legacy must, therefore, be paid to Mrs. Firm for her life, and after her death the property should be transferred to the assignees. His Lordship directed the costs of all parties to be paid out of the estate. Mr. COOPICR requested his Lordship would allow an appeal of Perfect v. Lord Ribblesdale to be put in the paper, for the purpose of being heard on an early day. The matter had been argued before the late Lord Chan cellor ; but the parties had refused to consent to take the judgment of that Noble Lord, and, under these cir cumstances, he was obliged, according to the rule which his Lordship had laid down, to ask that it might be put at the head of the paper. The LORD CHANCRLLOR did not see any reason why the parties should have refused to take the judgment of Lord Eldon, neither would he allow this matter to stand at the head of the paper. He regretted that applica tions of this nature had become so numerous, but there' was no altars r ive , and the case must therefore be re stored to the raper. VICE-CHANCELLOR'S COURT, JULY 13. PHILLIPS AND IRASZIL This was an application on the part of the plaintiff, Captain Phillips, for an injunction to restrain the de fendant from suing him upon a bill of exchange to the amount of 3,7001. which the plaintiff had given to the late Mr. Farquhar, of Foothill. The plaintiff stated, that there was an account between him and the late Mr. Farquhar, the balance of which was in his favour; not withstanding which, the executors of Mr. Farquhar were about to sue him upon this bill. On the other side it was alleged, that the balance of the account was against the plaintiff Phillips. The VICE-CHANCE.LLOR refused to grant the injunc tion, because he did not think it was clearly established that the balance, as stated by the plaintiff, was in his favour. COURT OF KING'S BENCH, Jury is. ' WYATT O. CAMP/JILL. This was an action brought to recover from the de. fendant, late an officer in the Foot Guards, the sum of 3001. the amount of a promissory note, made by a per son of the name of Wilson, pa) able to the order of the defendant, and endorsed by the defendant, and by two other persons named Ford and Sansom. The handwriting of the endorsees having been proved, Mr. Guam addressed the Jury for the defendant, and said, that he should be able to prove that the note came into the hands of the indorsee, Sansom, under an usurious contract, and that it was never negociated by Sansom until after it had become due and dishonoured. He knew that by an Act passed in the reign of his pre sent Majesty, 3 Geo. IV. a holder of a promissory note or bill of exchange, for valuable consideration, was en titled to recover, although the security might, before it came to his hands, have been negociated upon an usu rious contract; but he submitted to his Lordship, that when a security of this description was once proved to have been tainted with usury, the party who sought to recover the amount of it was bound to prove that he ..was a holder for valuable consideration. ro To sustain the defence, a witness named Score was called, and he swore that he got the note from a person named Ford ; that he took it to Sansom, who gave him 1001. io money, and goods valued at 701. but which the witness did not consider to be worth more than 401. Upon his cross-examination, he said he did not think that at the time the note was discounted by Sansom, he (witness) owed the balance, 1301. to Sansom. It was also proved, that about the time the note be came due it was in Saosom's hands, and that after it became due, Sansom offered to give it up for the sum of 2051. Mr. Tnesstoza, in reply, contended, that the evi dence for the defence was not sufficient to warrant the Jury in coming to the conclusion, that the plaintiff was' not the holder of the note when it became due. With respect to the other objection, that this note had, at one time, been the subject of an usurious contract, he sub mitted, that under the Statute quoted by the Learned Counsel for the defence, the plaintiff was entitled to re cover, unless it could be shewn, that he had become pos. sessedof the note under an usurious contract. Lord TiNTIRD/W, in summing up, said he was of opinion, that the plaintiff, in order to avail himself of the protection of the Statute referred to, ought to have shewn by evidence, that he was a holder for valuable consideration. As the plaintiff had offered no evidence to chew the consideration, the only question for the Jury was—Did Sansom, who indorsed the note to the plain tiff, get possession of it under an usurious contract? If the Jury thought he did, then their verdict should be for the defendant. If they did not think so, theft their ver dict must be for the plaintiff. The Jury immediately found a verdict for the de fendant. MURRIILL AGAINST WHITE. This was an action to recover a sum of money which the plaintiff claimed under a written agreement, for the purchase of five licks of hay, at 51. per ton, upon which the plaintiff, e timating the quantity of hay at 100 ton , had paid 5001. with a proviso that if the hay exceeded that quantity the plaintiff was to pay for the excess, and it it fell short, the defendant was to refund at the same rate of Si. per ton. The declaration averred that the quantity was oily 781 tons. To recover the value of the difference between that quantity and 100 tons, at ci. pet ton, die action was brought. Mr. GUMMY said, that the defendant, who was a law stationer, in Serle.street, occupied, in October, 1825, a farm at Weybridge, and, as he was about to give up de possession of it, he on the 4th of October, 18/.5, entered into an agreement with the plaintiff for the sale of his hay, consisting of five ricks. The, plaintiff paid 2501. down, and 601. two days afterwards, each potty then thinking that the quantity was about 100 tons. The plaintiff was to be allowed until Lady.day, 1826, to clear it away; this however, he did not do, but paid a suds of money to Mr. Wells, the successor of the defendant in the farm, for liberty to keep it longer there. When it was cut and taken away, the quantity was found to amount to only 78} tons. As, however, there might be some little waste, and as the cattle of Mr. Wells had on two occasions got to the ricks, some allowance must be made for that ; but he (Mr. Gurney) would she* that such waste could scarcely amount to a ton. The plaintiff would be entitled to tecover whatever the Jury might find to be the difference between the quantity of the hay when sold and 100 tons, at 31. per ton. The agreement was proved by Mr. Gunner, the attorney for the plaintiff, and the quantity of the ticks was proved by Samuel Wicks to amount to 781 tons. This witness said that he began cutting away the hay for the plaintiff on the Bth of April, 1826, and finished it on the 19th of February, 1827. In the first three ricks there was hardly any waste, but in the two last ricks there was about 12 or 13 trusses wasted. This was occasioned by the cattle nt Mr. Wells, who to .k the farm of the defendant, getting at those ricks, which they did twice. William Murrell, a miller, proved that he, at Wells's request, erected a fence round the ricks to keep our the cattle. He did it for the plaintiff, to prevent Wells's cattle eating the hay. Cross-examined by the ATTORNIT GENERAL—It Was most usual to buy hay by the load. He had bought hay of Gentlemen by the ton. Mr. Wells—Witness occupied the farm after the defendant quitted it. He received a compeniation born the plaintiff for letting the hay remain upon the farm after Lady-day, 1826. His cattle bad not done much damage to the hay. Cross-examined —There would ha►e been much damage done to the hay had it not been fenced, Witness kept fifty head of cattle. He did not wish to have them fed on another man's bay. The cattle were not so particular on that subject as he was. The ATTOXIMI-GENiRAL said, that notwithstanding the evidence the Jury had heard, he should be able to chew that the deficiency had been occasioned by the cattle of Mr. Wells. The purchaser was to have taken the hay away by Lady-day, 1826, and if he wished to pre. serve it, it was his duty to have fenced it properly. Mr. Wells admits that he )tad 50 cattle, and though he was very particular, he allows that his cattle were not such accurate distinguishers between venni and turAn at their master was. The defendant, who is a law stationer, and very little acquainted with farming; did not know the difference between a load and a ton of bay, which the plaintiff, a corn dealer, perfectly knowing, dexterously inserted the word '• ton" in the agreement instead of " load," by which he obtained 2cwt. in every load, or one•tenth part more than he would have had, if the sale bad been by the common way of selling by the load. The miller, who is called for the plaintiff, winking and laughing, tells you that he sometimes pur chases hay of Gentlemen by the ton—that is to say, of those who do not know how to deal in hay. The fair construction of this agreement was, to consider theesti. mated quantity 100 loads, which was the understanding of the parties at the time. The waste occasioned by the cattle of Mr. Wells would then make up the deficiency. John Acres, sen. and John Acres, jun. two labourers on the farm, stated, that the cattle of Mr. Wells had frequently got at the hay, which was eaten away in some of the ricks in the heart of it, where it was thickest, and would weigh heaviest. They would not state what quantity of the bay was destroyei. Mr. Guanny replied—The defendant knew well how to make a bargain, fur he kept in hand the money which was to be refunded. He was a law stationer and a farmer, and was quite a match for any miller in Eng• land. The word in the agreement is tons,' and that was the understanding of the pa:ties. Lord TRIMIRDRII said, that the word se tons" being used in the agreement, the defendant was bound by it. Verdict for the plaintiff—Damages 601. CONSISTORY COURT, JULY Is. ROSY& V. ROSE. This case has been so often published, in proceedings in this Court and a Court of Law, that the public may be spared a repetition of its offensive details. It was a suit for divorce, by reason of adultery, promoted by Mr. Rose of the Legacy-office, Somerset-place. against Louisa, his wife. The parties were married it, October, 1816. Mrs. Rose, it was alleged, was in the habit of leaving her house at Highgate during the absence of her husband on official engagements, and pursued a course of profligacy, especially with a Mt. William Blakemore, a person of the medical profession, resident at Finchley, with whom she was sworn to have com mitted an act of adultery in Hornsey churchyard in ;he year 1824. Mr. Rose instituted proceedings at law in 1825 against Mr. Blakemore, and recovered 1001. da mages; and in 1826 he the present snit. On the part of the wife it was alleged, that differences took place between the parties shortly after marriage; that Mr. Rose came home of an evening intoxicated; that upon one occasion he kicked his wife when she was pregnant, and that be attempted the chastity of Miss Susannah Bowyer, an inmate with the family, and one of the witnesses in this cause. After Dr. LUSHINGTON had been beard for the hus band, and Dr. JEssit ADDAMS for the wife, chiefly on the credibility of the witnesses, Sir C. ROBIN SON said, he would consider the gees. tion attentively, and give his sentence before the next Term. ROBIRTS AGAINST 10111RTS. Upon this case being called, D:. JiN)1111 proposed that it should be beard in private, to which Dr. Pak- LITIORK, on the other side, did not object. The Court thereupon adjourned to the dining room, from which All persons but the advocates and proctors on both sides were strictly excluded. No reason was assigned for this unusual course. Before the Court adjourned, Dr. LEE desire to be heard. Sir C. ROBINSON—We must previousl_ each other, Dr. Lee. Does it concern an lore the Court? Dr. ----....1y. I am going to cumstances which occurred between the C e xpressed a ly understand any thing be- state the cir- Itegistrar and • 1 1 1 I