Star. — London, England, 1823-08-14 00:00:00

ASSIZES. BIA 1 DSTON F., AUGUST 12. HANDtAM, ESQ. V. MOCK RTT. Mr. MARRYATT stated the case to the Jury.—The plaintiff was a Gentleman, residing at Bramston House, in the Parish of St. Peter's, in .the Lie of Thanet. The defendant was a farmer, who occu pied a field immediately adjoining Mr. Hannam s rookery, for disturbing which the present action was brought. The defendant justified his conduct, al leging that the rooks entered his field, and were the means of doing great mischief to his canary clop; hut it would appear that the defendant was actuated by a malicious motive, in consequence of some re-, cent parish disputes. The plaintiff also complained of a bean-boy, or scare-crow, which had, been placed on a tree in the defendant's field, near the plaintiff's grounds, with the pretended view of frightening the rooks from the field ; but there was - some circum stances connected with it,. which induced him to be lieve that it was intended as an' effigy to represent the plaintiff. It would_appear,' however, that the defendant could have no reason for any apprehen sion that his crop was in danger, inasmuch as it was a known fact that the seed was too small and too hard to be the subject of the depredations of these birds. Thomas Wall, examined by Mr. GEM 14 2 .2.—1 am master of the Workhouse of St. Peter's, and receive the profit of the labours of the poor. In March, last year, a pauper of the name of Scoates was employed by the defendant, to keep away the rooks from his field ; he had a gun, and some powder and shot given him, while he was lere. Plaintiff's and defendant's land is only separated by a road. I went on the spot one morning, and observed Scoates firing at the rooks, though I did not see a bird in the field. He stood close in the corner of Mockett's field. Cross-examined.--I did not see him load with shot; he had shot with him. Josh. Sandwell, examined by Mr. ADOLPHUILI was servant to the plaintiff last March. A bean-boy was put up in a tree in defendant's field, and a stage or platform was erected below it for Scoates to fire from. He used to be there as soon as it was light in the morning, and stayed there until it was dark. He used to fire from the stage or platform, and when he was tired of that, he came down into the field. Mr. ADOLPH us.—He quitted the stage and went into the green-room. • Examination continued.—As soon as the rooks came into the rookery he fired at them. The plat form was 136 yards from the plaintiff's house, and close to the rookery. There have been 100 nests less this year than thole were last year. Cross-examined.—l have been in the plaintiff's fa mily thirty-six years. I have lived in the house seven years. The plaintiff has very much increased the number of the rooks. I think there are many more rooks now than there ever had been before. The bean-boy was done over with brimstone- Mr. MARRYATT.—It may be proper to observe, Mr. Hannam's mansion-house is called Bran:stall H all. Robert Tomlin, examined by Mr. GURNEY.--In the spring of 182.2, the defendant called at my house, and said the plaintiff had been very troublesome, and his rooks equally so, and it was his intention to destroy them. He said he should soak peas in ar senic, and scatter them on the land, and the rooks would drop from the trees by dozens in t night. I remonstrated with him, and told him - if would be discovered. He said, then, he would obviate that, by soaking tares, which were of the same colour as the land, and they would not be seen. He came , again to me last spring, and said the rook fight had begun this year, and he would do for the plaintiff by destroying his rooks. I and my father occupy a good deal of land, on which I grow some canary seed. I do not consider that the rooks do any harm; I think they do good. Several other witnesses were called, who proved that defendant was in the constant habit of firing at the plaintiff's rookery, and that rooks did no injury whatever 'to canary seed, but were of advantage to the fields by destroying the vermin. A witness was called, who stated that he had sent thousands of young rooks to London, for which he received four shillings per dozen. Mr. WALFORD submitted to his Lordship, whether such an action as the present was maintainable? Here there was no proof that this was an ancient rookery. Two or three witnesses were called back, who stated that rooks had been in the habit of building their nests in the trees in question for upwards of SO years; there had, however, been some years when there were none. One of the witnesses said he considered the plain tiff's as a very handsome rookery. Mr. Baron GRAHAM asked the defendant's CHOW sel if it could be shewn by any authority that rooks were fere naturor, and protected by law? and who tiler it had ever been held that an action Vas main- tainable for disturbing the place of their resort? He did not recollect any instance of an action being brought for disturbing a rookery, though he was aware heronries were protected, they being consi dered as constituting a part of country sports. Mr. WAcroan quoted part of an Act of Parlia ment, passed in the reign of Henry VIII. which recited, " that whereas an innumerable quantity of rooks, choughs, &c. destroy and consume a wonder iul and marvellous quantity of corn of all kinds, as well in the sowing as in the reaping of the same, and also cause a marvellous decay of the roofs of barns, stacks, icc. it was therefore enacted, that every one should do his best to destroy them, under pain of amercement, and the taker thereof should be paid two-peace per dozen." Mr. GURNEY intimated that the statute referred to had been repealed by the 18th Elizabeth. The Act which had been quoted,*nd the subsequent one by which it had been repealed, were similar To an. Act of Elizabeth, which was passed to restrain the mei. uive making of malt, and another, the object of which was to restrain the-growth of that pernicious plant called bops: both these Acts were to be found in the same volume.—The objection was not allowed. Mr. WALIPORD addressed the Jury on the part of the defendant. The present action, he said, was one which verified the adage, that " the play was hardly worth the candle." It was one Originating in a vin -diCtive feeling against the defendant, Mr. Hannam's poorer neighbour. What the defendant had done l & ad been only in self-defence; . for, when it appeared die pfairitirs rooks came to breakfast; dine, tea, aRe sup in Mockett's field, and made their exit in the evening, without paying the reckoning, lie did con ceive the defendant was fully justified in taking such steps as would for the future prevent their unwelcome visits. If the notion were Correct, that these birds did no harm to the farmers' fields, but, on the contrary, much good, bow did it happen that in their rustic rambles at seed-time and harvest, they saw in almost every field a lad designated the crow-boy ? Another question was, by what medium were they to estimate the damages ? how were they to estimate the value of the rooks ? It had been said, that the young rooks were sent to , the poulterers in London. It was true, he believed, that it sometimes happened the un wary cockney had now and then ate a rook in his pie, whilst he fancied he was eating a pigeon. It was the first time in his life be had ever heard of a rook pie ; he certainly felt no great inclination to taste one. He had, in his walks now and then through the fields, met a stray rascal gibbeted on a pole, as an example to his thievish companions, and he al ways thought that was the only use made of them., He might with propriety ask his Learned Friend,Mr. Gurney, if be had ever eaten a young rook pie? Mr. Baron Gnanast.—Not knowingly, I dare say. Mr. WALFORD wasquite certain his friend had not, unless his poulterer had imposed upon him a crow for a pigeon. He really believed that the imposition often was practised; the rook was sent to town in his suit of black, there he was picked, powdered, and puffed, and perhaps the cockney's sagacity was un able to detect. the fraud. He saw no mode of calcu lating the value of these rooks. If, however, even that were practicable, he trusted that, this being evi dently a litigious and vexatious suit, they would give a verdict for the defendant. Mr. Baron GRAHAM, in summing up, told the Jury it was a question he believed yet to be decided, whether a rookery could be considered as actionable property ? It was for them to estimate what da mages the plaintiff had sustained by having either his pleasure or profit abridged by the act of the defendant. It was a matter of regret to him, that a case of , this kind had been brought there, at a large expense, and that Gentlemen of their description should have been called from their homes to decide such a question.— Unquestionably, a marked motive of malignity was manifest in the conduct which had been pursued by the defendant ; it was unneighbourly and improper ; but still the action appeared frivolous, for they even had no grounds given them whereby to estimate the quantum of damages. One mode of forming an esti mate had been offered to them—namely, the sale of young rooks to make pies. It was the first time he had heard of such a practice ; he believed it some times happened that rooks eggs were intermixed with plovers' eggs, and sold as of the latter description. Those palaces could not be very delicate, he thought, that could eat a rook pie, under the notion that they were partaking of a pigeon pie; it was only a strong stomach, he fancied, that would be disposed to en counter such a repast. The only way they could cal culate the damages, if they thought it a correct cam, would be by considering the number of rooks which had been killed, and then giving the plaintiff what it lradheen proved the poulterers paid for them, viz. four shillings per dozen. It was for them, however, to consider if such a mode of estimating the damage were proper or not? Mr. ADOLPHUS...v.OM witness has proved that there were 100 nests less this year than last; supposing there to be four young rooks produced from each nest, that would be 400, at four shillings per dozen. Mr. Witamono.— My Lord, my friend Mr. Adol phus makes no allowance for rotten eggs! The Jury consulted for a few minutes, and then found a verdict for the plaintiff—Damages 20s. . John Hargreaves was indicted upon the Coroner's Inquest for manslaughter, for having killed Ralph Croft, at a village near Kirby Lonsdale, on the 80th of May last. Mr. BLACKMAN stated the case for the prosecu tion. He said that the unfortunate deceased had met his death in i boxing-match with the prisoner at the bar, who had repeatedly knocked him down. The deceased never rose after gee last blow. he received on the left temple ; he was 'taken to an adjoining house, where he lay for three days in a state of insen sibility, and then died. It would appear that the ' prisoner struck every blow which had been given, and that the deceased had not given 'one when he met his death. It appeared, from the evidence, that the deceased was the aggressor. The prisoner, when called upon ` for his defence, supplicated the mercy of the Jury.—Two respectable witnesses pie him an excellent character for in dustry and sobriety.—The Jury found him Guilty, but recommended him to mercy on account of charactet. Yesterday morning, as Mr. Holmes and Mr. Ro- 1 bertsen, of Old North-street, Red Lion-square, were returning through Hampstead to town, us a born 1 and gig, at the descent which leads directly into Hamp stead from the Heath, they ma: a water art in the * 4l middle of the road, drawn ' horse wholly unat tended. The horse in the i lag extremely: ski sited, would not pass the cart,but began&ngingsn , a most alarming manner, and in a very minutes would have dashed the gig to pieces, had not one of the Gentlemen (Mr. Robertson) jumped out and seized .hini in time to prevent any serious accident ; as it was, one of the shafts of the gig was broken in pieces. ._ Monistic AmaioNiAns.—The following is given by a Morning Paper, as an extract of a letter from a General:o(6;er serving in the blockade before Bar celona. Our readers may believe it if they please : ~ I am lodged in the house of a Colonel of Militia, who,. our approach, retired with his regime n t „Fi be hind tbelines. His wife is a Lieutenant in the same regiment, and gives daily proofs of devotion to the military service. She must be a handsome woman, if I ;an trust her portrait left in the bed-room which I now occupy. I' do not know what she may do in the field ; but her animated countenance and depot person could not fail to gain conquests elsewhere. You will be surprised td find, my friend, that we are to be opposed by the'Lidies, but this is not a solitary instance. There is a company entirely. composed of female warriors, consisting of fifty-two, who some times approach our lines- Their air is extremely Martial, and their intrepidity is said to equal that of the other sex in their 'heroic nation.' They wear the ' casque; and are armed with a lance. We have been discussing what we should do in the case of an attack from these Amazons." .A. - POLICE LVTELLIGENC'E. BOW STREET. Ftrattb.—siestes Rogers, alias Brown, who WES brought up on a former day, charged with attempt ing to defrand.Mr. Scott, a tailor, in Pall-mall,•of a sett of clothes, was again pot to the bar yesterday; wlaqn a new charge was ineferred against him by Mr. *Ward, tailor, in Hanover-street, Hanover square. , Mr. Coward stated, that on the 29th of January, 1818, the prisoner went to his house and bespoke a suit of clothes, and a morning frock coat. lie re presented himself to be Major Hepburn, of the 4th Polish Lancers, in the Russian service. On the Sa torday evening they were sent home to the prisoner, according to his order, at the Oxford Coffee-house. The forentan who carried them had strict injunction's not to leave them without the money. The prisoner, ' on finding thatthe foreman would not depart from his instructions, was a good deal mortified, and talked of some misunderstanding with the bankers. He agreed, however, to accompany ttie man to a friend of his who would satisfy him as•to his respeetablity. The foreman and he went together to Mr. Copeland, surgeon, in Golden-square; and the prisoner being, shewn into Mr. Copeland's parlour remained with him some time. On coming out Mr. Copeland tdok , leave of him with apparent cordiality. 'l'he prisoner then said Mr. Copeland was an old friend of his ; but having lost sight of him for some time, he did not much like to -become responsible 'for his debt. lie finally said he would proceed to Mr. Coward's, and reached his house between.nine and ten o'clock. He saw Mr. Coward, to whom he read a note, which, he said, he had received from Messrs. Stephen Thornton and Co. that morning. It was to the following effect : —" Messrs. Stephen Thornton and Co. present their complirnents•to Major Hepburn, and have no imme diate recollection of any letter of crejit in his favour from Messrs. 'Thornton, Coley, and Co. Petersburgh. They will, however, be glad to see him on Monday ; and in the meantime they will be happy to honour his 'draught." On hearing this letter read, and also being informed that the prisoner was acquainted with so respectable a man as Mr. Copeland, Mr. Coward was thrown off his guard ; and he incautiously agreed 'to take his draft on Thornton and Co. for £l6. 6s. which was the amount of his bill. The prisoner then wrote a formal check on the house in question, which, be signed with the name of Hepburn, and inclosed it in a letter requesting that they would accept and pay it. This done, Mr. Coward sent for a hackney coach, the clothes were delivered to the Major, and , he drove off. Scarcely had he quitted the house, how- 1 ever, when it was discovered that he had left the note which he read as from Messrs. Thornton and Co. this being read by Mr. Coward, he at once found that he had been duped, for instead of concluding with the words which had been repeated by the prisoner ai part of the contents- 4, They will, however, be glad to see him on Monday, and in the meantime will be happy to honour his draught," Che t conclusion was this—" They will be glad to see him on Monday morning, with any letter of which he may be the bearer from their Petersburgh friends." This was so palpable * misrepresentation, that Mr.,Coward lost no time in proceeding to the Oxford Coffee-house, to have some further conversation with his customer. He soon reached his destination, but his fears of being cheated were completely realized. The Major did not return, and on his portmanteau being inspected, it Was found a perfect void. From that time to the pre sent he had in vain sought for the prisoner, and now discovered him from the report of the proceedings at this office in the daily papers. On subsequent inquiry of Mr. Copeland, he ascertained that the real name of the prisoner was Rogers, and that he.had heen for some time one of his assistants. He had also been , with Mr. Brooks, of Blenheim -street, the lecturer, — The prisoner was remanded till Monday neat. There are several other 'similar charges against him. MELANCHOLY CASE.—A young woman of inte ratting appearance was brought before Mr. under the following circumstances :—lt appepred that she was seen wandering about St. Martin's-lane, in a state of great distress, and on inquiring into the cause of her situation, she stated that she had lived. in service at North Shields with One master for siz • years and a half ; . that, unfortunately, while there, a man who represented himself to be a coach-spring maker, paid his addresies to her, and believirig him to be respectable, she entertained his proposals of marriage, and ultimately was married.to him; her master, from her previous good conduct, giving hey away. On the ceremony being concluder', het little fortune, which, with her own savings and, the contri butions oilier friends, amounted to, 100 sovereigns, was handed to her husband. For some time he treated her kindly, and ultimately brought her up to Windsor, under pretence of seeking work. . Here he remained till 'last week, when he suddenly deserted her, without a farthing in her pocket. She .fOund her way from Windsor to town, and was now com pletely destitute. . Mr. HALLS , with great humanity, promised •to write doWn to her law master at North Shields, and if her story proved true, to have her conveyed to her friends. In the interim, he gave directions fur heel comfortable accommodation in St. Martin's work house. ' He has also directed than search should be . made for her husband. „AI:, Boar-ze•Bastsz.--C &Hare WiWillil h y committed for steal t* "entity of plate freed the Souse la Mrs. Bell,in Holies * wrests towhich he seismal seeesaly mes4sig :down she area steps, Taspiskalias Tsar*, alias Was, wu 409114 by .+t .a marine storekeeper, with assattlti4 iser• Übe that rtia prisoner throve her en a bed sod her by the ibreit-vilth-one band, while he best her about thr.bead with a hammer, and would, doubtless, have murtiread her , bad not her. screams alarmed a lodger, 1 44 illacesed her from his clutches, when, by the aid of a watchman, he' was, with his char mule 'who assisted him, taken to &verse:ls-house. He was comtditted, with orders to give twenty-four boars' notiewof bail. Quenar&inaae,—.T. 44ness, driver of the hackney-coach, No. 96ii, was fined I.o&_imAreste, for extorting 33.4 d. for a fare from Charing-Cross to Mies, the "kosil fare being only2s. stetaling ifins Seisk a „k iddie s, i tiff irain ten s y a ear ip s ef in itern age, % ar se anu eet mitt . ed for CORE, AUGUST 60--EXICUTION.--ThiS•CIED . 211• Donnell and Dapid Nagifi, tnr taking away arms from the house of.the Rev. Thomas Towniend, and jag! gra. Noonars, , for taking arms from the house of Mr. George Rogers, underwent the theadful sentence of the law, at cAllowsiteen : there was an i . 1 91nesse coonn. m cpurse oo of n ißec nell, taL :ho rsto she w a i,t er s m ch uc is b a ' rwefssgnuleatzecioun: ti persisted in declarations' of innocence. Nagle also, whilst In jail, stated this man's innocence. _ vaprca..= r - • • MONOPOLIES. — We are ! cola br M. Site , that Alt.." G ND, the ingenious inventor of the lamp which heats his name; was dragited before the PatWatttent of Patis .. by the Company of Lpcktmiths and fronmon,;,;er-,who claimed the exclusive right of making ltnips. L. smo, the celebrated French philo-ophical and ma. thematical intrument.maker, had set np a small fur. race for the convenience of working the metals used in his business. The Masters of the Founders' Cont. paay came in person to demolish it, and would have effected their object had not LRROIR applied to the KING for protection. The manufacture of japanned hardware was altogether exchtded from France, until• the era of the Revolution, by the circumstance of its requiring the skill and implements of Many different trades to carry it on, and the necessity of "being ad. mitred to the freedom of all their different snake sec. " It Would be easy," says M. SAT, " to fill a aolame . with a recapitulation of the vezatiops and drawhicks• that industry had to encounter in trance ender the' corporate systerh; and another with an account of tlar new spirit, energy, and success, with which it hat• been prosecuted since that system was abolished Byi the Revolution." NEWSPAPERS.—After inquiring (says Mr. Chal mers, in his Lift of Ruddiman) - in various countries for the origin of Newspapers, I had the satisfaction to find what I sought for in England. It may gra-• tify our national pride to be told, that mankind are' indebted to the wisdom of Elizabeth and the pre-' dente of Burleigh, for the first Newspaper. The' epoch of the Spanish Armada is also the epoch oft genuine Newspaper. In the British Museum there are several Newspapers, which- had been printed while the Spanish fleet was in the English Channel, during the year 1588. It was a wise policy to pre vent, during the moment of g e neral anxiety, the danger Of false reports, by .publishing real informa tion; and the earliest Newspaper is entitled the English Mercurie, which, by authority, was im printed at London, by Christopher Barker, her High ness's printer, 1558. LORD CIIRSTERFIELD.—The encomiums of that celebrated character on theTeith, are well knoWn, and yet k is surprising to see bow much they are neglected. A fine soot Teeth not ouly indicate health, and look pleasant, bat haves grateful sensation to the possessor, and nothing more Y necessary, to the attainment of this object, but to use Henson% Toots Pownza, or Turcruaa • a discovery which k to form an era in articles of t his kind. These Dfserikap, not merely cleanse and beautify the Teeth, but preserve thee front decay to the latest period of life ; they make the . Tire wldte. fasten such as are loose, remove the tartar and weer tram the gums, sweeten the breath, and are a remujy and antidote far all disorders of the mouth; they possess the same properties, bgs the Tincture acts more speedily, and it is an Infallible rem* for the Tooth Ach. They are sold by most Medicine Ventins and Perfumers; and by the Proprietor's Agent, 44. Oats& street, .Soho-square. DANTZIC, LINCOLN, AND IRISH FRATRICRS, BROR. MATRIZSUI s &C. at No. 41, Regent Circus, two doors from Piccadilly; and 40, Drury-lane, corner of Long Acre, and op posite to Great Queen-street.—.l. K. Wistaria is now supplied with a fine Assortment of well-seasoued Features, which he will sell at the following unprecedentedly low prices Best White Goose Feathers, warranted sweet and well manufactered, fit for Per lb. immediate use Si. 6d. to 60. 3d. Common ditto - - Is. ed. to es. 4d. Best Grey Goose, warranted Is. 10d. to sa. Id. Common ditto - - li. sd. to is. St Poultry ditto - - . Os. 10d. to IS. 4 Ticks from 6s. 6d. each, and; all other articles equally /beg.— Ready-made Bed Mcks sold at prime cost to ;hose wberitehaut Feathers, who will have the satisfaction of seeing dimples/4 weighed, and sent home. Brokers and Upholders, viaakaris• not convenience for dressing Feathers, may be served apse Mr terms.—No connexion with the shop next door in Drury.lme. • BIRTH. At Sheerness, on ate 11th instant, the Lady of Mr. Roberts* Surgeon, of a ion.. • DIED. Tuesday, atl,er house in Regent-street, Lady Wilson, wife of Sir Robert Wilson, M.P. .TO A GREAT MANUFACTURER, • IN ST. GEORGE'S-FIELDS. t SING not of heroic ire, JL ' A humbler willing theme I choose; •'. ;•• tling of what Tim all admire, • ;•,/ I aing—‘and help me every Muse—. At turner's Dye for blacking shoes. Its qualities unequall'd shine, Binh high and low this Slicking use, • make the first in all his line. Many indaignthe fond conceit, . That rich attire will credit bring; But far rnore.polisled they, and neat, Who use the Blacking that I sing. Gay as the lart in blooming spring, - Thu youth and maid will then appear, • Beaman from- Tames polishing, Their boots and shoes shine bright and dem, Most highly favour'd sure is he Who by the shilling if his boot, Charms the fair damsel, so that sbe Coyly accepts his modest suit. And happy the man beyond dispute Who found this potent way to charm, , And whilst he glosses shoe or boot, • Cap keep the leather free from harm. • 'Limier, the lustre of your art Gives real brilliance to your name, . • *, Though aiming not at bead or heart, Yet your's is sure a polith'd fame. Welt may the master veed complain, If on his shoes the lustre's lackiag, .Turnet--have, you forgot theraasne ? You know I order'd Twines Blacking. • . Whit wretched mistore have you bseughO• • ' Will this keel rout the rain or mow ? You know it is not worth a groat, And common sense mast tell you as Give me the Blacking that will shine, , Though water fall and snow comes dews; But as for this, it may be thine, . snit a rusticated clown. • Ale walks in brightness wbo steps iertig - • • With Turner's Blacking on his dim; Nay, stranger shall he be to mirth, And love and beauty's smiles Form, Fit only kir the mire or stews, • Who in fine weather. plods bib way. . And takes no thought or makes no use Of turner's splendid bright display. In London-toad' tbe Factory stiM&, The Exportation Watchman seek, •." , . But agencies are all at hand s - . In every town and.every creek. • ' 1 •'• . of tic ' " - week, day, . J . Then sing oTurner all the week, And sport his Blacking every day, 'Tit cheap and good, and truth to @pilaf , Turner's as grateful as you're gay " Take notice, this Blacking may be lad Whalegiedd at the Exportation Warehouse, 114, London-104 and by all the Grocers; Perfumers, Oilmen, and Born , in the MetrOpnlis, andein every Town in England: r USE TURNER ' S DLL . 58 „imp...thew Eird . ll ): Wr :tnienza kifiiai . , . - rosii LONDON : PrintestanTriblished by Ism Koh Pisa. Temple-Bah. r.. .., tb 1 3 el th fr asi ell va asp alba haft vas aft at. *V K; in etc Ara Sap ear tw, .i isT ski PI tici '1 84 the tin ire Ms Per the 13 Or! • 'id, WI