Star. — London, England, 1827-07-27 00:00:00

_ _ - drawn, the defendant was engaged in g i time-bargains," established beyond all question that this bill was ac cepted for some illegal consideration arising out of a " time-bargain" •up is the Stock Lechange. If the Jury should be of that opinion, then the defendant was catitled to a verdict. unless the Jury should think that the plaintiff was a bone fide holder fir valuable consi deration; and of that fact he (Mr. Gurney) submitted that there was not satisfactory evidence. laPrl . FlP7ifirkgm , in summing up, said the fair in ference to be drawn from Tucker's evidence was, that this bill was originally accepted for an illegal consider ation; and that being the case, the plaintiff, to entitle himself to a verdict, must prove that he gave bone,fido consideration for the bill. The mere ceremony of hand ing the money to Tucker, with the understanding that it was to be again handed o'er to the plaintiff, would ;not co3stitute a bona fule consideration. The Jury had heard the evidence. and it was for them to say whether that evidence satisfied them that the transaction between ,the drawer and the plaintiff was colourable or ionafule ; and if the Jury should not be perfectly satisfied that the plaintiff was a bona fide holder for valuable considera „salon, their verdict would be fat the defendant. • The Jury deliberated in the box for ten minutes; and retired for half an hour, found a verdict for the .defendant. SUMMER ASSIZES. ABINGDON, Jinx U. Cou. Suia—Before Mr. Justice Lensuctr. tRRIOCIS CHOLMILT. ESQ V. SIR CHARLES COCIERIILLI AND °THU& This was • writ of fonnedon, brought by the de mandant (the plaintiff) in this cause, to recover from the 'tenants (the defendants), as lineal descendant of Bir H. Rnglefieid, the celebrated estate of White Knights, near Reading, late in the occupation of the Duke of Marl borough. The cause bas been for a considerable time in Chancery, and when Lord Eldon resigned, was ripe for jud,sment. which, by consent of both parties, his Lordship pronounced subsequent to his resignation.— The judgment was given in writing, and, in order to receive the opinion of a Jury on the facts therein con tained, tke ancient and almost obsolete writ offorrneden was resoTted to. By adopting this process, the tenant (defendant) is prevented from availing himself of the fact of 20 years' adverse possession. And the novelty of this proceeding at the present time attracted consi derable cariosity. Mr. Cholmely, the demandant, is a • Gentleman of fortune, residing in the county of York. He claims to be descended from the old family of the rglefields, whose pedigree can be traced beyond thp Conquest; and were said to have been formerly te owners of all, the property in this county. called by dif ferent names, but terminating with the word a field," via. Winkfield, Benfield, ecc. &c. The tenants (the de fendants) are surviving mortgagees in lee of the pm petty in question, which, after passing through various hands, came 'into their possession after the Duke of Marlborough had expended immense sums of money in improving the mansion and pleasure grounds. By the will of Sir Henry Englefield, the grandfather of the deenandant, certain trusts were created, with a power of sale, the proceeds to be invested in certain ! securities tor the benefit of the right heirs.' Sir Henry Englefield died in the year 1780. Sir Charles Henry; Englefield succeeded to it, and the estate wai sold by the trustees to Byam Martin, Esq. father of the present Sir Byam Martin, for 15,400/. Sir Henry Charles Englefield, the tenant for life, without impeachment of waste, was entitled to•cut and dispose of the timber; but instead of stripping the estate at the time of the sale, by a separate contract with Mr, Byam Martin, sold hens the timber. Some years after, a doubt was raised as to the legality of this proceeding, as his interest was not reduced into possession, the timber not having been severed from the estate. To obviate any difficulty that might arise from the litigation of that question. Sit Charles Henry Englefield invested the sum produced Wile sale of the' imber in the three per Cent. Cansoli. in the names of the trustees appointed by the will of Sit? Henry Englefield. The question in the cause was, whether those trusts had been properly executed? if not, the demandant would be entitled to recover pos session. After a trial which lasted upwards of six hours, the Jury found a special verdict for the demandant, subject to the opinion of the Court above. NORTHAMPTON, Jim 25. LiNTow V. 111ILLRY. The Arroattar-GasanaL, who came down on a special retainer on behalf of theplaintiff, stated that this was an action of replevin ; but the real question for the Jury to try was, whether or not Lord Sondes, whose tenant the plaintiff was, bad a right of common in gross for 120 sheep, on a part of Rockingham Forest, called " the Lord's-walk 7' The cause had been tried before, about two or th;ee years ago, and a verdict found for the plaintiff ; but in consequence of its being doubtful, from the evidence, whether Lord Sondes's right of com awn was that of common in gross (which is a right be longing to the person), or common appurtenant) which is annexed to the land), the Court of King's Bench granted a new trial. Evidence was adduced to spew that the right of common in question had been enjoyed by Lord Sondes and his ancestors for upwards of a century, and that it had been let to different persons, independently of any particular land. Mi.CLARKE for the defendant, who is bailiff of the manor of Rockingham, contended that the evidence did not support Lord Sondes's claim to a right of corn. pson in gross. The Jury, which was special. without requiring the Learned Judge to sum up the whole of the evidence, re turned a verdict for the plaintiff. ROAR V. BOSWORTH AND OTHERS. This was an action of libel. The plaintiff kept a public•house called the Red Lion, in the • village of Great Creighton, in this county, last year.. The de fendants were the churchwardens and overseers of the parish: In the month of September. 1826, shortly be fore the meeting of the magistrates for that division of the county took place, the defendants addressed the fol lowing letter to one of them, namely, Mr. Ward: Sin—We, the undersigned, beg leave to inform you, that we eonsidor the publie•house known by the sign of tho Red Lion, and kept by John Rose, hithly disorderly and dangerous to the morals of she inhabitants of Great Creighton and the neighbouring vii. Ape LEsigned by the defendants.) In consequence of this communication, which was the alleged libel, the Magistrates stopped the plaintiff's license; upon which he instituted the present action against the defendants, and produced his neat-door neighbour, who' swote that the house had always been orderly and regular. but that a green before the door was the resort of the idle and vicious persons in the me i l hb o a r bood, which sometimes caused appearances to be unfavourable to the house in question. To spew maim on the part of the defendants, it was stated that in consequence of (Image, ant of dip defendants, being said to ill-trea& his wife, a proceeding called 4, a riding', was resorted to-by some of tbe Inbobitants, as was cur' tomaryia this village "hawser a man was known to beat his wife. It was massaged in this way—a person was dressed out in a fantastical way, placed in 'a cart, and then driven up before the door of the offending husband, followed by the mob. Upon this occasion the procession was said to have moved from the green in front of the plaintiff's house; but no evidence whatever respecting the alleged occurrence was offered. On behalf of the defendants, who pleaded a jostifica don, several witnesses were called, and proved occa sional scenes of disorder and quarrelling at the plaintiffs house, from which women were obliged sometimes to fetch their husbands home at unseasonable hours. A rebutting case was gone into by the plaintiff, and some of the inhabitants of the village were called, who swore that they did not consider the Red Lion a chs orderly house. Oa going into details, however, upon cross-examinatio% their evidence did not materially affect that of the defendants. The Jury returned a ter diet for the defendants. - WESTERN CI ttp .-WINC HESTER, JOLT 25. ttf Chu. Sum—Before Lord Chief Joule* Bur. STATUTE Or LIMITATIONS..—SUTTON V. Touts& This was an action brought to recover the amount of a promissory note for 2501. which was given in Nov. 181 S, and payable at ten days after sight. • •• It appeared that the defendant was of the hankies firm of Trim and Tamer, of Southampton. The l o t tiff, at the date of this note, deposited a sum of in this bank, and received this prorniesOry note, 4114 going the repayment of .the money, at an interest 1 of SI. per cent. Some dispute appeared afterwards to have 4then upon the terms. whether the interest was to be 2.k or S per cent. The defendant first pleaded tbs./rural issue, and next the Statute of Limitations. ttiwas given of the deposit of the money and the y of the note. The firm had become subse quently changed. Mr. Tula* having died, and Mr. leumer retired in the year 1819. In 1825 the note was resented for payment, together with the interest. Mr. Toorner expressed his strrri-e, as he -thought it had been cancelled, but requested Mr. Pritchard, a partner in the new firm, to pay the interest at 2k per eat. as there was a diminution in the value of money, although Mr. Sutton had previously received S per cent. lie, however, consented to the proposed alteration. It was contended for the defendant, that by the alte-1 retina the note was destroyed as an instrument having legal effect, u n" new stamp had been affixed to it; and secondly, that there was no proof of acceptance. • The Lotto Cum 'Nance decided, that the payment of the interest was a sufficient admission of the princi pal debt. The Jury found a verdict for the plaintiff, for the amount of the note, and interest at 2k per coat. from' 1825. • The other cues at the Civil side were quite devoid of interest., nor is anything entered for the sittings at Win chester which is likely to attract attention. CROWN SIDL-RORSL•S'KALfNA. . . Benjamin While Wm indicted fair stealing, on fhe 29th of May, two saddles, two brilles, and some horse fur niture, the property of the Rev. George Henry Hisker, vii Heckfield. He was likewise i•tdicted for stealing two geldings, the property of the same Gentleman. The prisoner was a smart active-looking man, well known in London among a certain class of horse-dealers and ; hackneymen. His family is respectable in this county. Mr. MMING stated the ease to the Jury. He said that, the evidence was entirely composed of a train of con necting circumstances. It would be proved ►hat t bones were :Ate in the prosecutor's stable on the night Of May 28 t but the dolr was found open on the morn ing ei the 29th, and the horses stolen. The prisoner and another man were seen on the road to London with three horses a day or two after, two of them being of the exact description which the Rev. Gentleman had lost, and he was also ()'served near the spot on the night of the robbery. There was this fut %her strong fact, that the saddles and bridles were found in a stable belong ing to the prisoner. J. Everard, one of the servants of the Rev. Mr. Has ker, proved the horses to have been safe in the stable on the night of the 28th of May, mid his having locked the door, as well as that of the coach•house, in which were two bridles, two saddles, and six girths. On the following morning at six o'clock, the places were all open (not broken open), and the horses and saddles, &c. gone. Wm. Henry Burgess proved that the stable doors were found open as early as three o'clock in the morn ing, and the horses missing. He also found a stick near the spot. Mr. Monk, a coach proprietor, residing in the neigh bourhood,-knew the prisoner very well, and proved his having been near the Rev. Mr. Harker's at the very time of the robbery. He also proved that the stick alluded to by the last witness was one which he had seen with the prisoner. In his cross-examination by Mr. Sergeant BOMPAS, he persevered in his belief of the identity of the stick, although it was one of the ordinary ash sticks which are in common use. James Alley, a barber, who had shaved the prisoner, also spoke to the identity of the stick. Thomas Smither, a collar maker, residing about a mile and a half from the Rev. Mr. Hacker, proved the prisoner to have been in the neighbourhood at the time of the robbery. Thomas Townshend, on the following day but one, met the prisoner and another man on the road from the neighbourhood towards London, with three horses. In his cross-examination, be admitted the night was dark, and that no conversation toot place between the parties. JohnTowashend, the brother of the last witness, con firmed his testimony. James Warwick, a horsekeeper in the employ ofJoha Till, 3, Princes-mews, Prince's-stt eet, Lisson-gr ove, said he knew the stable No. 8, in the Mews, and saw two persons bring three horses to it between 7 and 8 o'clock on the 31st of May. Elizabeth Till resided in these Mews, and saw on the Wednesday of the Epsom race week, three horses having their feet washed. Two men were with them, one of whom was the prisoner. John Harrisson, one of the Bow-street patrol, appre hended the prisoner on the Bth of June, in Pitt-street, Tottenham-court-road. On taking him into the back parlour of the Bell public-house, he was rather eiders; and on searching him there were found two keys, a Si,: note, and a purse. Robert Duke, a Bow-street patrol, obtained the keys from the preceding witness, and went with them to Pitt-, street, Tottenham-court-road,:where the prisooerresidedi and •he there found, ja a box •rider the bed, the two papers which be now preseated to the Court. Upon searching the stable-loft in the mews, he found the two saddies.btidles; and stirrups, which ballad now in Court Richard Harris, a tobaceonist, residing in Oskrrd• street, proved•that he bad let this stable to the prisoner, upon a memorandum of agreement. He gave the ley to Mrs. Till, who lived near the plate. Mrs. Till, upon 'being recalled, prated that she handed over the key to the prisoner, who came and asked for the key of No. 8 stable. In her cross examination she said, that this stable was freqUented by a great number of persons besides White. The Reverend George Hilary Halter identified the two bridles, saddles, kc. to be his property, and the same that were stolen from his stables on the 29th of May. The bow-street Officers, on being recalled, said, that no account could be obtained of the stolen honer, irons the knackers, er any other quarter. The prisoner denied any knowledge of them whatever. The evidence for the prosecution being closed, the prisoner left his defence to his Counsel, rho called two witnesses to speak to character. One of them knew nothing dishonest of him; and the other admitted that he was a little wildish. .The Jury found him (hay, but recommended him to mercy, on account of character. 'Mr. Justice BUREVOUGH thought the point of the ' racier was veryslight indeed. • The prosecutor joined in the merciful reconsnmsda don, and. the Coutt promised, if possible, to cbuoider it. • POLICE INTELLIGENCE. MA NSION.HOUSR. Mr. Drinkahl, one of the riders of the Waterosen's appeared yesterday in the Justite-room to ash tin aidZ= l It seems that from the great increase of plesetisem by the - steals bests up and down the river, there has grown Op a eonsidetalile degree of confusion at Tewerotairs, and altodt theneighbeurbood, at the times of emb-rtadon. Of this the thieves have made a 'highly profitable account, first by direct add impudent pillage of - trunks, termites, and parcels ; and secondly, by acting u watennen and ticket porters withoarthe City's licence. Mr. Cope, the City Marshal, sated that °fitters bad bean sent to regulate the watermen, but the Deputy 'Governor of the Tower, or some one acting acting for him, declared that the waternsen were under military protection, and a file of soldiers was tuned Oct. Mr. Drinkald admitted that the confusion was, in some degree - - attributable alsensithorities in the Tower denying the right and use oldie *lai' to the citizens, for the purposes of embarkation. ailleetnan Answer, who set for the Lord Mayor, pranieed that nessintes should be immediately adopted to remedy the roil. BOW-STREET. Yesterday George Mason, who owns a cottage and a small piece of land immediately adjoining Target Cottage, the property of the Baron de Berenger at Kentish town, was summoned by the latter for threatening his life with aloaded fowling-piece. Prom the statement of the Baron it appeared, that being en gaged in the prosecution of various scientific discoveries, he bad taken a cottage at Kentish-tOwn with a view of forwarding his studies, to which place he bad removedhis family. He had, how ever, the misfortune of haring in the person of the defendant a most troublesome and unaccommodating neighbour. It happened that he (the Baron) owned a good many ducks, and these ducks were In the hAbit of resorting to a large pond upon his grounds, from which pond there ran a ditch (a branch of the ancient Fleet ditch), and into this ditch the ducks would sometimes waddle for pastime, and from thence amend the bank at the opposite side, and ramble thrones - the defendant's garden. No there was so disputing that this was not a trespass, and the decks were liable to be impounded for the same ; but the defendant thought proper to adopt a mote vin dictive course, and arcording as the web-footed Intruders enteredlis premises, he shot them without any ceremony. This conduct the de fendant insisted on pursuing, and, without any'regard to the slats aba age of the unconscious offenders, duels, drakes, and ducklings were maimed and killed without the slightest mercy. Threats and re monstrances were equally in vain. The gun of the defendant kept up ari almost incessant fire, until at last twenty-seven duels, In cluding some of the tender age of nine days, fell victims to its re. morsekss aim. It was not, however, so much the loss of the duckai that the Baron complained of, as the danger to which be and his family were exposed front the random ditootibg of the attendant. His (the Baron's) children were comma* ennolog abaft thel grounds, and they were not onfrequently at ptay at al. Odin side of the ditch, at the very moment when the shot from the defendant's gun rattled against the adjoining hedge. " Well, ble. Mason," said Mr. Halls, a what baye you to say to the serious those preferred against you "I have got this to say," said the defendant," that I itad a right to shine these here duels, because they were eating' pmy ' cabbages, and destroying my young plants. I have been terribly annoyed, your Worship, both by the ducks bad the baron's chil dren, who are constantly trampling down my garden." " The children never go near your garden," said the Baron " except now and then that they climb over the wall to pick up the dead ducks; but you generally take care, Air. blasoo, to save them that trouble." Mr. Hatts, after observing that the defendant's conduct bad shewn him to be a man whose temper rendered him unfit to be trusted with fire arms, directed hint to Snd good ball to keep the peace towards the Baron and the rest of the King's subjects. A dirty.looking man, without a coat, and the reotaindet of whose garments did not appear to be worth a shilling, was sem moned•by the drivel- of a hackney.coach for refusing to pay hits as additional sixpence. The appearance of the defendant as a party complained against in such a cause excited some surprise, and as it appeared that the coachman was justified in making the demand, Mr. Ham.' could not but express his astonishment at the folly of a man with a dirty shirt, and without a coat, enjoying the luxury of a drive, and then subjecting himself to be pulled up (or sixpence, at the hazard of being saddled with the expenses in the event of the coachman proving his case, which they generally took care to do. " I merely wished to try the question of distanee," said the de. fendant, quite coolly, " and as I find the coachman was right, I of course must pay." • Eleven shillings, said Mr. Sedley, the clerk, including the dis• parted sixpence. Only see, aid the Magistrate, what ' , Our folly has brought you to. " Why it's rather a dear ride to be suit," said the man, " bat I wished to try the question." Su saying, he drew a handful of money from a greasy pocket, paid the ataouot demanded with the greatest good humour, and seemed quite tveonciled to hit lose, bay. ing had the ati►faction of " trying the question." II ATTON-GARDEN. Val:lens ilele►, a youth shoot Sfeeen-years of age, was charged with stealing a hearth-rug, the property of Mr.Cowelt, of Southeettp. ton street. bits. Cowen identified the rug as being the reopen, of her bar• band. It had been exposed for sile in the shop. She saw the rug in the shop on Saturday morning, at half-past• eleven, and missed in about an hour after. _ _ _ _ _ Taylor denied having stolen the rag, and said that be found it in the street rolled up. Mr. Lasso told Taylor to make the Jory• believe, if he could, that he found the rug In the street.—Committed for t rial _William John Ainratan was charged with assaulting Wary Arm strong, his landlady. Mrs. Armstrong • stated that the defendant lodged in her house, and was removing his furniture, which she endeavoured to prevent. A scale ensued, and be struck her.— Witnesses were called who proved the assault. Mr. LAWS ordered Kingman* to find baiL DI A RLBOROUGH-STEET. Yesterday George Mush& and two otkers, mechanics, and Mr. Lolls, a respectable tradesman of St. James's, were brought up on a charge, the first For assaulting Cane, a watchman, and tke two coos % panions as disorderly, and the last with dawned:4 Cane in the execution of his duty. Cane stated, that the three mechanise were talking on his beat at the corner of Jermyn-street, in Regent's-street ; he !sealed them to move on, and said, if they did not, be men take them to the watch house. Muckle was drunk, and refused to go, on which he collared him. Muckle knocked off his hat, and kicked Mm; he was taking him to the watehboose, when Mr. Leslie interfered, and he . charged him with obsttueting him in his duty. Boothby, the watckhorso-keeper, and some watchmen, proved. that Mucha was drunk, which the man did net deny, but com plained of the blows he received from the watchman Cane. Mr. Leslie complained of the hardship of being detained in the belt of the watclikonse for stepping forward in a case that called on the Immanity of any man, and begged that * Gentleman present alit be called who witse.sed the transaction. Mt. Leslie and Mr. Miller, the Gentleman alluded to, both de.' dared that they did not see theeedelisnan title& it by the pd. sotto!, 04 they were only a lbw yeedb feint them. Me. IWe—l can tell you this, If yei had i=erit a preo,,,,,, 4 elletallnen. I should have Sued you sot . Pond,. If you. doubt It, I shall enforce the law. ' That tear 0 % 4 find ball fee the assault.. The esthete ee.discharged. 11l,ARY-LA-IION 1* OFFICE. Yesterday Mt. John Telles, of the.lted. Linn tne, in the D m slireteadowas elliarged, epos isfennation, by the perm, o f p ad. 40.04 wlsi mei n his basis open otketwist than for the ami s . modethe of travellers between the heirs of eleven at night en th e lick el Soli astl two in the sends; of the 14th. Theedigrp *as proved by Debt Boyd, a watchmen, who wer goo pdashaisane the house Itt a warier put one la the morning c t the ISdt,stad the defendant was tones:wide the pephy of 404.104 costs.—He was then charged with a similar elect on the night sd the 14th and morning of the 1 5th. but as it appeared that an =Dud dinner glen by an eminent gonntater to his men occasioned 64 ciemeastirece, and that the ems, was closed at a peeper b ow apini other imilvidnals, thy Magistrate ordetEd Mr. Toadies to pay the costs of this information, and imposed no fine. LA MEETH-STIMET, A person, who lewd/ filled a situation of trait In the Tat.tise: was charged With robbing his lodgings at the Prince of °taw public-base, is Fieldgatoetreitt. The servant having latterly pet: creed that the hod on which he slept had comider a bl y diminished in size, mentioned the circumstance to her mistress, and suspicion falling apse hies he was Stopped on that morning when shoot to leave the lower, frith a putt I cootableg about Sibs. of feathers Re u nw e d aotbbt=iil defence, and was fully committed to Newgate. TOWN-HALL A young woman was charged with pawning several attieles of feratiore front the room in which she lodged, in Morton-place, New Keosesad.—The fact being proved, the Matuttears coos I maimed her for Wei UNION-HALL Thee mpg men, the tel of respeesitte kiethideals were brossiallefore the sitting Magistrate, R. J. Comma% Fati. ehaapi ender the Wilful Damage Act, with de some furniture, and &lads* the ises, of Mrs. Bloomfield, in bath. ant stated, that a female, named Robinson, had apottemsts is her house, to which the defendants had constant w oes The complainant, a few evenings ago, diseeveeed, on her re. gun helm that In her absence, her lodger had absconded; and m eterisothe rooms which she gaveled, the table was found broken to pieces, the chairs were knocked about, and the walls and miring were plastered with rotten eggs, which it appeared were purchased I.r the impress purpose of mutiladnithe apartments, and rendering them edit err the habitation of any respectable persons. The com plaisant;knowing the defendants to have committed the offence, procured warrants against theist, and had them taken into custody. Mrs Bloomfield estimated the damage she sustained at 51. and had pneriontly consented to accept a ootttpenoot ion to that amount from the defendants; bet they refused tetter her any reds en, and se was therefore compelled to seek the present mode. The Magistrate inflicted a penalty of St. and costs on the deka. dents ander the above Act ; and having been asked wither they were prepared to pay it between them? they answered ju the as gative. Magistrate—Then I shall commit you all to Stlzton. None of the friends of the defendants came forward in their be. bait, as it appeared, in eciosequenee pf their irregolarities and patio's, they tnflleted ninth pain lb the minds of their respective relatives. Whom the bier 'wised her the departure of the defendants w BriStill, along with the-ether persons destined for Ant place, the former skewed a disposition to resist entering the vehicle ased fw the purpose of conveying offenders. They were, however, alti. merely placed In the cart, and driven off to their new abode. WORSHIP-STRRRT. A sunk in • ferias jacket and trousers; who it appears hat been pretty msc► in the habit of feeding himself ind mends at de expense of the eating•housakeepen of the neighbourhood, r• charged before the Magistrate with hav:ng, the eight before, sapped Bost free, and without invitation, a the lilap of Mr. Woo, is The Magistrate asked tie 'sake of the feed the defendant lad devoured? Wky, lad eight, ft was only SI. your Worship, sad Mr. Ups, but I should not bare brought hits here fer that estly-Ae has take se is more tido once before. ' " Mr. Upton proceeded to state, diet wa owe Occasion the do tendon' treated three of his friends to a dinner of beef, two tables, icc. and they all awaked off wkhoot paying. while one boot's back was toward. them. On another weak . * the da fend** diced solos, and ego& bolted before he could be Inegit to a settlement. But on the present occasion, the landlord ro cognizing his old customer, who had brought a single blend we* kept Lis eye upon them, and when be thought they were abuts bolt, demanded his reckoning. They had no mosey, but the triad left security for 4d. his share of the damage, and the defendant wit given *to custody in consideration of his former misdeeds. Mt. Upton said he would be content with Os. in payment for the three ♦isitations, viz. as. 4d. for feasting the defendant and his thew frlendv, and ad. for the other two meals. The defendant was ordered to pay the 31. and having no weary about Mtn, was locked up till be could procure ft. Tuesday a shocking accident happened at Steyning, in Sussex. As three men were working for Mr. Peck. ham, in his lime-pit, a large quantity of chalk, about twenty loads, suddenly fell with a tremendous crash, and buried one man, named Mitchell, under its reins, and dreadfully mangled another, named Bartlett. For tunatoly the third man, named Stanmer, saw the tot. teriog cliff falling over his bead, and had sufficient presence of Mind to throw himself into a small cavity immediately beneath the place from whence the chalk was falling, and by so doing escaped without the lest injury, although the lower part of his body was incircled wadi the chalk. When the body of Mitchell was found, after an hour's labour, his• bead was completely best under his body, and between, his legs. It seems, them fore, he was in a stooping posture when the cliff fell upon him. Bartlett is so much hurt that little hopes are entertained of his recovery. The following record of a marvellous escape from the wrath of a snake, will most likely be classed await the tales of fiction, though it is a record which can be fully authenticated. Two or three men, a few days ap only, were proceeding to Bathurst. in charge cf sow cattle. At Mount York they halted, for the purposed taking refreshment and rest. One of the men, quiu overcome with fatigue s threw himself on the grass and fell asleep. His companions left him for some hours On their return they found him still asleep, and 00 guieg near to rouse him, they were struck with the sight of the tail of a snake, curling and writhing at his side, as if in agony. They judged at once that the sum bad been stung, and from seeing him remain still, they feared he was dead. They approached him, however,, and awoke him. The snake remained ma tionieu, except as to the tail, and on examining, they discovered, to their surprise, that the head of the snake was under a tuft of grass, upon which the man had thrown himself, and the blades of grass had so swapped beer the snake as to prevent him from moving swab and he had thus got smothered or strangled. The ma° who bad slept upon the snake, on looking at the dead reptile, and seeing the danger be had escaped, bro" covered with cold perspiration, and it was some time before he could recover from the effects of the trip the circumstance occasioned to him. The snake was of a red brick colour, and peculiar to Mount York, whefe the same kind abound. The bite is very dangerous.-- Australia* of Feb. 21 HIGH-WATER at LONDON-BRIDGE{ TO 14016110. Morning 27 minutes alter 4 Afternoon • 45 minutes after 4 •aR. DOl. 1 0 1 0 o 0 o o O 0 O 1 O 1 LIS DAY. Dublin Waterf rd G Jesus.. and Jersey Lisbgn Donagh Idea Buenos.tyres Franca Hamburg Flanders Sweden }hilts: Leeward Islands Brasil . MM. 011 I 0 O 1 3 0 1 0 O 0 O ° n 0 I.oltoow : Printed and Pubthhed by flops Maya' the Proprietor. at the Sza.a. Orrice. Na 1, Pickett-plaoe, 1 ~...i.: . , 0,, .4 :0.4., 01 .... •.• bra see the ' sod Cie Poo mid sum emis She Poem «~ .1 A a p ea 31 a it 71; 11 An Bel Al a s Vit 11 TIN Aft • I they 71 liiii. A a