Star. — London, England, 1827-08-03 00:00:00

DREADFUL AFFAIR AT HADLEY. A DAUGHTER MURDERS HER MOTHER. AND AFTERWARDS DESTROYS HERSELF._ A most tra:ical affair has taken place at Hadley, near Barnet. N loch has thrown that and the adjoining villages into the greatest consternation, It appears that an elderly Lady and her daughter had, for some years re'ided is the village of Hadley; and although ;heir strange and eccentric conduct had, in some degree, cited the attention of the Parish, and furnished food for the idle gossips, there was that liberality and good feeling about the two wretched individuals which ren dered them objects of esteem and veneration. Mrs. Diary Spencer, the eldest of the two females in clues.' tins, was a widow, upwards of 70 years of age, her truss band formeriy kept those stables in Oxford -street s which we now occupied by Mr. Wimbush. Since the death of her husband she has resided with her daughter, who between 40 and 50 years of age, on Hadley Green. T he h o use in which they resided was, as well as the one idjoining, toeir own fieehold, most desirably situated, elegantly 'tarnished, and surrounded by some beautiful gardens and meadow land. No other person resided w ith them in the house except two female servants. Mrs. Spencer and her daughter were in the habit of ,ieepirg in one room, and their beds were placed close to each other. On Tuesday night they went to bed at their usual hour. and in the morning the.servants were solarised that Miss Spencer did not knock at the wains out, As she was in the habit of doing, to warn them it was tree to rise. How. wet, as Miss Spencer and her anther had often passed a very restless night s and as desetvants thought they had enjoyed but little sleep on the night previous, they did not call them. At length, when iiine . 'o'cleack came, the servants became alarmed ; they kola, lied at the bed-room door —no one answered.—they .pened it, and saw, not Mrs. and Mi-s fipencer, but they saw the bed of the old Lady's bloody, and being alarmed, they run away. Assistance w, s called; and upon the /Mose being searched, a horrible scene was discovered. We stated above. that the tw unfortunate females slept in one room; adjoining that is a dressing-room, and in that apartment the dreadful affair had taken place. On die floor, close to the win don, lay Miss Spencer, the unhappy cause of this scene; she was attired in her chemise. only. She was laying upon her right side, her throat cut in a most horrid manner, her right arm placed under that side of her head, and ler limbs partly doubled up. At her feet was the body of her mother, lying upon the same side, - a 'most in the same position, bit her throat eshibited a more ghastly wound than 'that in the throat of her daughter. The floor was completely covered with blood, and in the midst of . the gore lay the instrument, a razor, with which the deed appeared to have been .committed. At night, before tl,ey retired to rest, they were seen in the parlour converting cheerfully together; there was not the sligt-test appearance of ill-wilt or re. •senment on the part of either, but in the morning they were discoveied murdered and mangled in the manner -above stated. Fr , w) the evidence, not a doubt can exist that the mother had fallen by the hand of her daughter, lot then there is a mystery thrown aroensl the transac tion. What could induce the daughter to commit so fool and uon..tural an act? It would seem,. from the ippeareirce of the bed of the old Lady, thait an attempt hid been made upon tier life while she lay there. From the bed r. om, the poor old woman must have gone into the anti or dre.sing-roont, and there, as if to strew that the pas desirous a t eacapinl from the violent death that awaited her, it appeared she had staggered to the door, smearing her lacerated hands aginst the side of the wall, but becoming at last feint from the loss of blood, she tell at the feet of her daughter and exit ed.—Yesterday ahem, on, at five o'clock, an Inquest was held on the bodies at iii house of the deceased. The first witness called was Mr. Walter Morrison. whn said. I seskiela Parnet and am a surgeon; I was acquainted with the de. mod Ladies, and bad attenZed them peofeselooaliy, but net fur the he fee years; on Tux day morning I was called upon by • Colonel prosy to attend at their house, and I found them le the saute pa win whirh they now lay (and above described); the wound in &throat of the mother appeared to have been cat in a deeper and on dreadful manner than if she bad indicted it herself; I she oh 'eyed a wound in one d her angers; in conjunction with another *pen I ezarnised the bodice again yesterday coming; I found a nue lying opposite to them, which was covered with gore. Did any thing indicate to you which of their throats bad been tat hut? Net the appearance of the threat, and from the appearance of 4 adjoining room in which the old Ludy slept, I think, and so did Mr. Hammond, wbo examined the bodies with roe, that the k+nol the mother bad been cut first. It would appear as If tlse 1,1 4 W I had been attacked whilst In her bed, foe there was a great yanury at blood on the pillow, and she the mark of a bloody hand. * At appearances also indicated, that she had been attacked by the tattoo a second time, and on that spot there was a great quantity otbk,u4. pki you make soy other obeenradon 7—There was soak* Meal *Math side of the wall, urea the doer, and the side of the deers of it appeared as if the mother hail attempted to escape. Hew was the inside of the mother's band?—lt appeared uif she had resisted when her daughter attacked her, and in endeavour_ WI to escape from the violence of the daughter, her band got cut. Thee was not sufficient blood on the hod of the eider Lady go *nether death. Was it possible that the daughter had carried her mother from het bid to the room which we have seen 7—l think oat ; foe if the Mot had been cut in the bed in the manner it now is, then 'mid have been a great deal of blood on the floor, which would l ot lowed from the wound. 130 you think the throat was cut in the bed?—Yes, I think the Amu was cut in the bed,but the deed was finished in the anti-ream. A Juror bete observed, that since the Jury bad examined the ftlit had been wa.hed, and two wounds had been discovered in 111 : 1 i lady's throat. h, *bitty., Sir, that the old Lady lies at the feet of the daugh "ti who is close to the window. How do you account foi her `nit in that position 1-4 think that when the daughter saw her I ftft fall, she cut her own thro a t, a nd fell in the poeltlu you Lye *stutter. Mit bottle of tiattsborn which was in the mom was produ c ed, sad the Comer and NI.-diesl.Gentkosen at once came to the con clusion that the bloody marks around it were those of the daughter's Lad ' 14u bud *POW it to her face, after she bad destroyed her weber. lir. Merriam again viewed the body, and odd it was clear that the threat had been twice cue. At the second attach the left carotid 1 .' 1 7 *as divided, and bad discharged a vast quantity of blood. Idl re run am persuaded that that artery was not cut whilst the y w ai , i n b et XT. William Hammond, another Medical Gentleman, re. 4,Wbestsuo, said—l visited the bodies of the deceased _ ise Tuesday even i ng; I f oun d t h em i n the anti-room, lying ocyv 74 fir, weltering iu their blood. TM throat of Mrs. Spencer, !vas very m u ch cut—the windpipe was divided. The Baugh.., • '" 1 Mt throat cut neatly as deep, but nix so wide. In th e - 3;4:13 I ea Mrs. Spencer's bed bloody; I found Miss bad free from blood, and the bed clothes turned returning into the anti.roorn a I found some blood , Meer dot , of the wall near the door, and one spec of blood on the w Lift the ha n dl e ; I h ave just been Metairie to look as the bodies. ge n e; -I ftilliksed ihe threat. n ere particularly; I think that Alts e threat was cut more than once; I find the left caresit, o and I believe that to be the more immediate cause ""*hi bliss Speocer's throat is cut deeply ; but the carotio 1 ,41a1t cat 1.141 either side ; in Miss Spencer's case the bone p ad th* tftaue is attached is cot through and upwards, cutis. 1...2184mnd think she would have fitted longer than her inotbe • Lrli Ire no main vessels cut through, but only b ranc h es ; MI - -zie left band n cut very deeply in one finger.. " ftftratand you have attend these Ladies profes , ionally h la V a * film e any account of the state of the mud of Mis '`°"." - The mind of the young Lady has always been silw alarm answ ken Ind calk stens enrol is a 1 affai dow the ' npoi man head was : a l . me Moil dog Moo ant < OM' . wait then aeon were -ahoy that iot t non tool iPPe 4 hid 1 the b *it 31 the p avail mei hot I li-11 4 after Dodgy T 1 falba wow he h Awl om ii *oil rte issk 3 141 six Ds (xi in ho 0 Ms. *ld hl 1 ilr llis 44, 1 of b / Ifll sad t she ill 711 ear I hr ttall %10% 101 1 It o , ) hl ii, . bt. to all L I sal b era a L I ay 1 sli s In 1 t Id * h 1 st 1.1 lc 6 3 1 Is " Is • sh 3 1 in * i as, • 141 Ist b. t A 44a Y 'CI lake. She was always Very singular In her habits; I hale at. tended het for seventeen yarn; and ahead two Ploy se., abe frae" tared the sena hone of her kg, and &nog the time she by ill, her Mind became such affeeted and she was more odd in her manner than usual; she would sit In her lied and write letter fee a whole night together, sad these hitters she would send to her neighbours. (Here. some of the Jury, and several persons in the rotten said, they had received aims of these letters.] These letters weir not properly expressed, or written In a coherent style. An indifferent peewit, ison reading them, would this! they wire letters of boldness. If she wrote to lee, she would All four pages with matter that could have bees expressed in a few lines; on this occasion I remonstrated with her, and said, that she acted as a crazy person, and that unless she altered her conduct, she must be treated as a crazy person • this had the effect of stepping her inking, and as the mother informed me, bad the effect of alter ing her conduct. Three month* back, she had an attack In the head • the mother, in d e s c ribi ng i t to me m id , t h at h er daughter seemed ' for some minutes to have lest her recollection, and the power of utterance ; that else gradually recovered those powers.— Her general health was very much oat of order, and the state of her bowels warranted the belief that the might have • temporary pres sure on the brain. In the enure of a week she became perfectly well. . Three weeks back I was again called in to attend Mies Spencer; she wm slightly jaundiced, and very roved depressed In spirits; and while attending her, her mother asked me if I wanted any money, for she said she had 43,000 in the house; I expressed my surprise at this, and she referred me to her daughter for an explanation.— The explanation her daughter gave was, that her mother had Deem at considerable ezpetwe in fitting up the premises, and that she (the daughter) had sold out stock and received money to pay the trades people; I then asked the mother what her expencee here bad been? and she said 1.504 I then expressed my surprise at the daughter, that she should have sold out 3,00uL when she required a sum of only ISOt. and she Informed me that she bad other motives for sell. ing out so much; the stock had been inverted in different names, and as she knew that she should not live long, in consequeace of the complaint they upon her, she was desirous of investing the, whole sum in her mother's name, in order that her mother might . have no trouble with It at her death. I expressed my uneasiness at such a sum being in the house, and begged she would send it back as soon as possible. Le reply, they both instantly said they would send it back by the errand-cart, but I said , 4 Gosd Heavens, no; send it by Mr. Cumton, your stoek.broker," which they did. The last time that I saw them was on Sunday afternoon, when the daughter's health was much better; the mother then said she was eery poor, and• would be glad if I would take a quarter load of hay of her. I thought It was singular she should make such a request, and I waived the question at first, but she followed me to the door, pressed me to tale the quarter load of hay, and I said I would take the hay and send the money back by the tarter. I have observed these oddities on several occasions, but there did not appear the least violence between them—on the contrary, they were devoted to each other; and the daughter oa all occasions manifested a great attachment fur her mother. Taking all the singular circumstances that I have observed in Miss Spencer into consideration, and weighing them attentively, I think she was in a state of derange. meet. I have nothing more to state, further than to corroborate the statement or Mr. Morrison. that the wound on Mrs.Speticer's throat was not inflicted on her while in bed. One of the Jury here observed, that in May last Mrs. and Miss Spencer attended a Missionary Meeting in Finsbury, and behaved in so singular a manner, that the Geetleman who conducted the Meeting requested them to leave the room. Hr was surprised at this circumstance, because Mrs. Spencer and her daughter were per. sons of av -ty serious turn of mind. Ann Winter said—l lived as servant with the deceased Wks; I saw them on Monday night,.lisit did not then make any observe tic ft upon their conduct. On Tuesday morning, shout eight • clock, I became alarmed, as I did. not bear my mistress moving; she was in the habit of calling us about six o'clock; I wished the housemaid to go up and call them, but she de clined, as she thought it seas early. We had been washing no the previous day, and we thought our anistress did not like to disturb in, as she might consider we were tired: our rpistress, on the preceding evening, ►ad told us not to get up early, but to sleep as long as we pleased. We thought they might have had a bad sight, and therefore did not awake them; but when the clock struck nine we went up and knocked at the door, and no one answering, I opened , be .101111 of the feed room, and then.discovered they were not is bed. and that the bed. was Moody. I hastened down stairs as fast as I could, and called assistance. Did you hfse any noise in the course of 'the night I—l beard them walking about she house about half-past four o'clock ;it was then day-hgbt. Did you ever see the razor before 7—Never, Sir. When you got up in the morning were the windows and doors closed and lessened 7—They were quite fast as when we wain to bed at night. On Monday evening, when I had finished washing,' Miss Spencer same out et the parlour to me, and Said. " I dare say you are tired, fur you hue worked very hard. However, lam glad you finished the washing to-day, because you could net have dime it to-morrow." Mrs. Spencer also told me on Monday, that we should have a holiday on Tuesday, but I believe that ebeetvAtion had reference to a fete that was to be given by the Ladies of Medley upon the greets. Mrs.S. had also told me that the intended she (witness) should sleep in the same room with her and be daughter, as her daughter was in the habit of getting up many date in the course of the night, and disturbed her. Mrs. Spencer Moo said, that on their occasions her daughter looked very wild,and her conduct had much alarmed her. She seemed to be apprehensive that something of this kind would occur, and said, " she hoped, to (ion nothing would ►appen to her poor daughter." The noise heard in the morning was of no extraordinary kind. I never heard any quarratiag or discord between them ; but Mrs. Spencer said her daughter spoke to her very cross sometimes. Ido not knew et any money bang in the house. Mrs.Spenter always said she bad no money ; and when she wanted some money to send to her daughter in Africa, she said she must borrow it. Janes Haynes, the hoesetnald, stated—On blooday night I at. tended the deceased Ladies until ten o'clock, at which time they went to bed good tilted% and I did not i r a r any noise they made lo the course of the night. On Tuesday T became alarmed, when I did not hear them move, nee see the shutters opened, and I went op and knocked at the door. About nine o'clock I again went up with my fellow servant, and knocked at the door; hot, as no an swer was then given. I went into the room. I discovered that net ther my mistress nor her daughter was in bed, and that the bed was bloody, and I hastened out of the room, and called assistance. All the fastenings in the room were secure, when. I got up in be morn ing, as they were when I went to bed • the only persons wh o slept in the house were Mrs. a nd Miss S pencer, myself, and fellow., servant ; my mistress had said that she should like to have my fel low servant sleep in her room, lest she should be taken 11l ; I have never seen the razor with which the deed was done before ; but I have beard MnsSmith say that it belonged to Miss Spencer's brother. Naga Smith, of Hadley, said.—l attended Miss Spencer as a nurse for three month., when she bad her leg broken, and I also attended Mrs. Spencer eleven weeks, when she was unwell; the first fortnight I att e nd e d on Miss Spe ncer: she was very bad in her head ; I have not seen her lately ; I have seen the razor with which the act was committed in the band* of Miss Spencer, for the pur pose of cutting her slather 's corns; it was kept in Mrs. Spencer's dressing-table drawer, which was never locked. Mr. William Poole Attfield said, that when the circumstances coseeered with the death of Mis. Spencer and her daughter were ouninsukated to hint s be went ever the premises, and found every thing correct, and nothing disturbed; bliss Spencer's gold trate.h was in the foli at the betWiead. The Hey. Mr. Thackeray, the Clergyman of the parish, said—l have known Mrs. Spencer and her daughter about eight or nine yore. In consequence of the very singular conduct of the daughter, and from the letters I have received 4re.o ber. I have often re saarhed that the would become Insane. Her conduct was parti cularly strange when she was unwell. I visited her on Saturday, and having found her very dejected. I made the remark to her, but she made tue no reply. On all occasions, when I have visited them, I found Alias Spencer conducted herself as a most kind and affec tionate daughter..—Tble wane the whale of the evidence. • The Coa4ablaa then said, that there could not be a doubt that Miss Spencer bad caused bee mother's death. In the night a paroxysm might have come upon her, and than the had committed the dreadful act, net knowing what she wu about. Any individual might commit suicide, bat was there any thing to induce this young Ludy to destroy her parent, who bad always treated her with kindness and affection? The Jury had beard the evidence of the medical Gentlemen as to' the manner in which the throat of the unfortunate woman bad beta cut, anti they most be satisfied that she bad not committed the act herself. It was also imposeible that the wound could have been •nflicted upon the throat of the old Lady while she lay in bed, because if the carotid artery had been then divided, it would have been impossible that the cousd have come out of her room into the dreg-ing room where her body was found. There could be no doubt .hat the old Lady List her life by the bands of her daughter, and ac .urding to the evidence, there mild be no doubt that she was insane The Jury then consulted together, and in a few minutes returnee be following verdicts :—" We find that the deceased, Mrs. M.r . Spencer, died in consequence of a cut throat, inflicted by her dau,.i. ter. she being at the time in a state of temporary derangement."— " We find that Mary Spent. r, junior, cut her own throat while ia I State/ of temporary derangement." f he Inquiry did lot terminate until near ten o'clock at night, totw irraLtulifsgs. • , • COURT OM etimitegort Aarsei. ?Mt 0111111w1C0 Vag Ituitret. This day the arguments in ti e Abet cause were concluded. Mr Sunour who Was with Mr. Holum argued that there was not the slightest foandat;on for the motion.-- Out of mercy to Mr. Townsend, the tax-gatherer iond would-be schoolmaster, he begged his Lordship to dis. miss the motion with costs, for if the information was prosecuted, the unhappy tar-gatherer would be involved in endless litigation and expense.—Mr. Ross replied. The Loan CHANCELLOR was satisfied that he could not grant this application for an injunction. As to the information, the parties must follow their own cour►e; and with respect to the costs, he should at present make , no order upon the subject. DC TASTEV V. LOPIZ. In this case, which has been so frequently before the Court and the public, Mr. HORNE appeared for Don Pedro Lopez, the de fendant in the cause, to move his Lordship to dissolve the injunction which had been granted, and to order tba: a sum of money, amounting to 15,0001 should be paid to his client by the plaintiff. The Learned Counsel en tered at very great length into the details of the case, in order to thew the injustice which Don Pedro Lopez had suffered at the hands of tl:e plaintiff. The Learned Counsel observed, that it would be apparent, onlooking at the case, that the Court of Chancery had been rendered available for the purpose of inflicting injustice and op pression on a poor and helpless foreigner, who had the misfortune, in the year 1816, to be engaged in some corn. Inercial speculations with Mr. De Tastet, a m-ichent of acknowledged wealth, and of considerable influence in the coy. Li that year Mr. Lopez was coi.cerned with the plaintiff in the cargo of a vessel, the Mercurio Felix.— The defendant brought an action for the amount of the cargo, which was tried in the yeat 1818, and he ob tained a verdict for 37,0004 A motion for a new trial was obtained, and an examination of witnesses at Peters ',nigh granted. Upon the second trial a verdict for 15,000/. was returned for the defendant in this cause. M.. Paris, who is Counsel for the plaintiff, here came into Court, and objected to the farther proceeding in the motion, on account of the notice of the motion not having been sufficient. Mr. HORNE said, that notice had been given for the hearing of the cause before Lord Eldon. That Noble Lord had certainly h e a r d t h e case , b ut he had never pronounced judgment in it, and this he (Mr. Horne) sub owed was equivalent to no hearing at all. Mr. Ptiors contended that such an inference was not correct. The motion, however, had been once fully an 3 by the practice of the Court it could not tome on for a re-hearing without a fresh notice. The ,last notice put in had not been served upon the Clerk in Court, and therefore it was an inf .rural notice. The Lean Cifaucexxoa ruled that it was not neces nary to give a second formal notice, as the motion had never been, in point of fact, decided. Mr. Hones then proceeded with the case. In 1818, a bill was filed by the plaintiff, and the prayer of it was, that it might be declared that Mr. De Tastet had an equitable interest in the cargo of the ship. There had been two orders to amend this bill—the one ob tained in September, 1818, and the other in October, 181,9; and the bill, in its amended form, amounted to 1,600 folios. A supplemental bill wasfiled oh the 29 b of November, 1819; on the 4th of December in that year'an answer was put in ; on the 18th of December a further answer; and on the 14th of January, 1820, a second further answer. To these proceedings suc ceeded the filing of a second bell supplemental to that which had been twice amended; and thus the whole proc. edings were commenced de novo. The Learned Counsel then called the attention of the Court to cer; tain affidavits, in which it was stated (and that state mint had not been contradicted) that the Attorney had declared that "he • would keep the cause in the Court of Chancery for ten years; that it should not be brought to a termination while he. the Attorney, was alive; and that he would ruin Mr. Hartley (the solicitor of .he defendant) by the expenses of the suit." Mr. HORNE continued—The object in filing the se cond supplemental bill was to make Mr. Hartley a de fendant in the suit, in order to harass and torment him. The plaintiff amended his second supplemental bill in September, 1824., in order to make a dead man a patty to the suit. The Attorney's determination to continue the suit would be tolerably well appreciated by the fact of his having hit upon the ingenious artifice of bringing a dead man into the field, from whom he could icarcely have expected that any answer would be obtained.' The LORD CHANCELLOR inquired if it were really true that the bill had been filed against a dead man? Mr HORNE said, it was filed against a person called, Hipp..iito Joseph da Costa, who had been quietly de. osited in his grave thirteen months before the bill was tiled ; and moreover, not only was the man dead, but the Attorney was very well acquainted with that fact when he filed the bill. The LORD CHANCILLOR asked how that appeared? Mr. HORNC said, that it appeared from affidavits, which it had not been attempted to dray. The LORD Criaucer.r.oa—What reason was given for such a proceeding ? Mr. WAILENUILD replied, that the only answer which had been given was, that it was the practice of the Court. The LORD CRANCRLLOR wished to know what took place alter wards? Mr. WARIIIRLD said, that the plaintiff put in a third supplemental bill against the widow of Da Costa, and this being demurred to. t h e d emurrer was allowed. Mr. HORNE said, that the effect of the whole of these proceedings, since the year 1818, had been to keep this unhappy foreigner out of money which the verdict of an English Jury had declared that he was entitled to. He 'rusted that his Lordship would speedily decide the case, and relieve his unfortunate client from the painful suspense in which he had born so long kept. Mr. BICICTISTITH, Mr. W•ICRIFIRLD, and Mr. MON TAGU, were heard on the same side. Mr. Puts was about to reply, when The LORD CHANCELLOR said, that the day was too far advanced for him to hear the reply. As to-morrow was appointed to hear petitions, this cause could not be ,roceeded with; but he would appoint an early day `tetore the vacation for concluding the hearing of the ase, and giving his judgment upon it. Astis LORDSHIP was about to rise, a person whose ...sine we understood to be Bruce, said he wished :thank apt petition, which was in the Vice-Chancellor's paper. • he transferred to his Lordship's ; and begged also t.,at a day might be appointed on which it should be heard. He said that property to the amount of 40,00 W. would be destroyed, if the petiti 'n, which would no. occupy his Lordship half as hour, *out not vary speedily heard. Atter , ome conversation upon the subject, The LOAD CHANCELLOR or'ered the petition to be put in his paper, and directed Mr. Brace to witch the p►ogte.s of the petitions which stood before-Iris. His tordahip said that if, upon this observation, it appeared likely to Mr. Bruce that his petition wr,ald not comps; in the regular course before the Court- broke up, the was to make a special application to him on the subject,ao.l he would hear it. VICI.CHANCRLLOR•S COURT, Augusta. 'AJMER V. MAY. Counsel were again h;ard on the question of eons in this cause. Mr. SUADWILL (with whom was Mr. DUCKWORTH) appeared for the plaintiff. Mr. HIALD repliet, and contended, that both on the , merits of the case, as well as on account of the staff with which they had loaded the record, the plaintiff ought to be made to pay the costs. Hew ould give his Honour a sample of the depositions which tt.ey bad made his clients take copies of; and which they now wished his clients to pay for. Oise of these depositions was, that a woman called Ann Johnson, who was "liter., wards married to Henry Barker, and who was called (he was sure he could not conceive why) " Nanny Nunk , ," went to thedepooent and said to her, eff 111 tell you what I did to know if I could have Mr. Barker. On St. Mark's nigh t Icon r o u n d a haystack nine times, with a ring in my hand, calling 05t,.0 Hei•e's the sheath, but where is the knife?' and when I was running round the ninth time I thought I saw Mr. Barker coming home; but he did not come home that night, but Wks brought from the Blue Bell, at Bzverley, the next day.". Could his Honour think of making his clients piy for such trash as this, which could have no earthly :vie. sancy to the cause? The VICIPCUANCRLLOR had great doubts how he should act in this caw.• It puzzled him considerably on what principle he ought to decide.' In the case 6f an heir.at.law filing a bill against a party possessing property to which he was ostensibly entitled,' he ('he Vice-Chancellor) thought. that op to the tithe at which the defendant gave a toll discovery f the Relaters re ferredto in the bill, the plaintiff ought not to be saddled with any costs. If it were contended is the present case that the answer of the defendants was nor satisfactory, it must also be recollected that the evidence set forth by the plaintiffs in support of their claim was liable to thetante imputation. And although it seemed but fair that a plaintiff should have all the discovery he required, with. out payment of any costs; yet, - if a plaintiff went into evidence to establish his ease, and that evidence wits irrelevant as Mr. Heald contended that a part of this evidence was, there could bets° doubt that the expenses of such evidence ought to rest upon the-plaintiff. He would read the evidence, and place the' irrelevant parts of it on either side, against each other: As to the costs of the issues which had been directed in the cease, they most go in the usual way; the plaintiff must pay them.-- Upon the general costs of the suit, he must take time to consider, and his deetsion upon them woulJ depend upon the result of his examination of the record. and upon the principle which he had before mentioned.— Had the plaintiff in this cate been her-at-law, the mat• ter would have assumed a very different appearance; bet here they had a collateral branch of a family seek ing to set &sideplate/eels legal title, and failing hail* attempt. ADMIRALTY COURT, Avow s. • This was the first default day atter Thrifty Term. THR WILDMAN This was an action in the Instance Cool t, by a marl.. ner for wages due for service on board a South Sea whaler. The balance due was 741. and the Court grain ed a decree and monition. against the ship.—Dr. Dm/. sawn sat as locum team for the Judge. ASSIZE INISCEIGENCE. CAMBRIDGE, Acerrn 1. THEDUR 801 PORTLAND AGA I HST GEONGE H A W1L1118,184, RIGHT 01 THE PUBLIC TO Go UPON 118 A MARIERT HEATH DURING THE RACES. Mr. Anonaws opened the pleadings. Tr,is was an action of trespass brought by the noble plaintiff against Mr. Hawkins for having. on the 18th t,f April, 1827. with force and aims, Stc. entered a close of the plaintiff. being a part of Newmarket heath, and them, w ith his feet, in walking trampled down the grass, Joe. Wyse de fendant pleaded, first, a right of way over the la, d in question all the year round ; next, that he had a right of way during the laces, which right the defendant alleged in his plea to be common to all his Maksty's liege subjects. and that he was on the heath viewing the races at the time when the alleged trespass was com mitted. The teal question in issue being the right of the public to go upon the heath during the - races, it is unnecessary to take any more technical notice of the pleadings, which were of the usual prolixity. Mr. Sergeant STORKS stated the cute for the plaintiff. The land upon which the trespass is said to have been committedis -what is called the Flat no Newmarket Heath, where the Craven Stakes are generally run. The defendant, Mr. Hawkins, having had a dispute with a Mr. Ellis upon the subject of a bet. the dispute was subs witted to the decision of the Jockey Club, and the de cision having been displeasing to Mr. Hawkins, be re fused to submit to it. The result of this refusal was, that a notice had been served wpoo Mr. Hawkias, cautioning him not to come upodthe do., in question. ,Tho notice was served upon Tuesday. the 17th day of April, and the trespass was committed on the fol lowing day, the races having commenced on tbe pre ceding Monday. The defendant had alleged a com mon law right to be upon the heath during the races ; but it would be impossible to establish any such plea by evidence of immemorial usage, as -there were no races at Newmaiket before the reign -of James I. and races sere not legal between the reign of Charles 11. and the 13th of George 11. The Jockey Club was in exittence no longer than from the year 1753. Having stated the Duke of Portland'', tenanicy ander the J ckey Club, and some other particulars, MN Sergeant Storks concluded by calling eviclence to prove that the property of the heath was in the Jockey Club, and that the Duke of Portland was in actual, unfetter ed, and exclusive possession under the Club. Service of notice upon Mr. Hawkins was then proved. John Prince, steward to the Duke of Portland, knows the ground ip question. It has been occupied by the Duke of Portland for the last three years. Cross-examined—The Duke of Portland occupies the heath as a sheep walk. Recollects the Beath at New tnarket for 16 years; has seen thousands of people there sometimes; they consisted of all sorts of people. During the races, all persons on the course went over all parts of it without any traction. Re-m=l as known persons notice in writing to keep of the i • 4s I saw to have raceived a courts, aag rpch per. - "' 1