The National Register. — London, England, 1811-08-11 00:00:00

THE NATIONAL RECI'TER. aged to preach that morning, he was obliged to sit with grew. I Patience while the g rl washed. dried, and ironed them. ac complished many of his dec, pions by pr....ter.ding that he was in tlmately acquai,.ted with Mr. Drummond, of Hartley, in on wh ~rn it is s..id lie had previously impo , e.l, and got introduced to his family and connexions. He also pretended that he was io timatc! with Sir Sidney Smith, • Colonei Bloomfield, and Mr. Bradshaw, M. P. fur Exeter; and to answer ~articular purposes be had forged letters purperting to be written, by some of them He has been at hamlet', Ipswich, and Eri.tol, and got acquaintd With several respectabL! idr.iilies from his c'fficiating at the churches t 11.. obtained money from a Mr. fox, Aid others, whom he travelleai with in stage-coaches. Ile ende.ivou ed to get a footing into the church of St. Mary-le-Strrintl. hut the c:er gyir.;ln of tin- Parish being very strict in his inquiries respecting bun and his qualifications, the prisoner was disappt 509 had given notice of their dissatisfaction. He admitted that a ver dict must be given against his clitnt, but he hoped the Jury would think a farthing d „ rniges most ample recompense. The Jury found for the plaints--Damages There was NI one c.se of the least importance on the Crown Side the others being for mere petty thefts. John Silos Starker was indicted for stealing 931. in Bank-notes, the property of Levi Cowan, immediately from his person. The prosecutor was a travelling hawker and pedlar, who, its the month of July last, put up et the Black Swan at Wa-e. The prisoner had resided in the same house fur some days, and slept . in the adjoining room. On the 16th July, when the prost•entor went to bed, lie put his breeches, containing his money, under his pillow. Some time aft,rwards his wife went to bed, and found them lying across his face, and the pockets rifled. She inane(!i ately gave an alarm, when the landlord came, and as the pri soner was suspected, he was searched, but none of the no-es were found. The next Lb..; she sawlim going to-London On the out s:de of .t coach, she tollowed in a chaise, and at Chesinant i.e ss-as stopped and seteched by an Officer, when the notes were found tied up in his nceltclo:h. identified three of the notes. A little boy, a son of the lantliord, aged nine, who slept with the prisoner, depesed, that When lie came to bed on lhe night of the robbery, he shortly afterwards got up again, and he beard him open the latch of Cowan's door, and when he came hack ha sat up in the bed in the dark, and by the rustling he appeared to . have got Jom r• papers. The Jury fouls t him Goitfy, and he was sentenced to ho truus portcd fur life. The Assizes ended. BE.DFORD, SA 1 VADAT, AV GUS r 3. WA RDEN Z.% BAILEY. This cause, in coL , equence Of the nonsuit entered at the 1.. , 5t Lent Assizes, when it was tried before Mr. Jus:ire Goose, having been set aside, came on to be tried again, before Su L1T.11:6 MANSFIEtn, and a Special Jury. Mr. erjetizts &ere opened the cause to the Jury. The evidence in supp:;rt of the prosecution was gene throtqh nearly the same as,at :he Lst Ass:zes.' Tht- brother of the p:a:n tiff again declared upon his oath, " that be had said a coi.sidera ble sum of money had been offered to Ftop the proseertion;" again declared upon oath, " that what he had so said was false.' Mr. Serjeant Sehm opened the defence, and proceeded to call the evidence in support Lf the defendant Bliley. Ccionel Whit bread was the first IA itness examined, who proved his own order for r , -twinditil.; the plaintiff, and detaining him in !Anson, on the 4th Dec. 1809, two days after the Adjutant had first committed him, till he cowid take the ord , -rs of his Commanding (neer, The letters of :Vit.. Whitbread to General Pipt, there com manding the district, and the answers of the Gener::l were read. The order for assembling the Court Martial und:r the sign martial was produced, recording the charge to have ben " of words spoken by the plaintiff, tending to excite tntinv, is convquence of disobedience of ordt.rs, respecting attend ance upon a regimental school, and ordering a Court Martial to be a , sembled thereupon." The minutes of the Court Mar till were also produced. It was proved that all due diligence had been used by Colonel N‘Thitbread, in reporting to his Alpe ri,:r Officers, and that he had I,nswered all letters addressed to burn on the subject, by return of post ; and that the delay of the promulgation of the sentence hai been official, MI d by r:o possi bility imputable to the d-f.mdant, or the defendant in the pend ing actin!' Warden v. Whitbread. After a patient hearing of nearly 11 hours, the h:ry, under the special direction of the Judge, Sir InistEs MANsilino, found a verdict for the plaintiff, damages 1541. 11;s. sd. Mr. Serjeant Sellon tendered a bill of exceptions. The cause Warden v. Whitbread is a remancnt for the Spring Assizes, 1814, when the wnole question will be again discussed. ESSEX. CHELMSFORD, AUG. 1. The ensuing Assizes for this County are likely to afford no great interest. The Judges arrived last night, and, contrary to the usual custom, they went to church immediately, and at ulna o'clock this morning they proceeded to business. !IF:WATSON V. PHILIPS. This was an action by the Keeper of the Canteen in Romf o rd Barracks against the defendant, who was a Lieutenant and Rid ing -master of a dragonn regiment, for beat:ng aad assauiring Anne Mills, the servant of the plaintiff, by which she was so much disabled that the plaintiff lost the benefit of her services. Mr. Maryatt, who led for the prosecution, enlarged on the unmanly conduct of the defs.ndant. who had disgraced not only the character of a soldier and an officer, hut Led degraded Wl stlf as a man, by unmeiciftlly beating a feu :de. SUMMER ASSIZES. HERTFORD.—MoNDAY, Auousr 5. FOX-HUNTING. JOHNSON V. OLDACRE, This was en action of trespass, for bresking and entering the plaintiff's grourd. Th.- defendant, who was huntsman of the ISerkeley liunt, pleaded, as a justification, that he was the ser vant of on Wood, Fsq. who was a qualified man; that they had started a fax in hunting, which ran over the ground of the plaintiff, and that they followed it, as the only means of killing a noxious animal. The replication stated, that the defendant pur sued the fox for the sport of hunting, and not for the purpose of destroying the fax as a noxious animal. Mr. Serjeent Shei;"‘erd litieing stated the substance and effect of the pleadings, b er.ed, that it now became a question, whe ther any person within reach of the Berkeley Hunt was to have the full enjoyment of his estate or not. He took it to be clear law, that the occupier of an estate had absolute dominion over it, subject to such rights in others as the law acknowledged, such is rights of way, &c. but no person had a right to enter the lands of another for his own recreation. And although this action was defended by a stork-purse, he hoped the Jury would give such damages that even the subscription-purse of a hunting club would find it to be most to their interest not to violate the lanes of others. The defendent, by the plea which he had put upon the record, had said, the lie had committed the trespass fur the purpose of destroying a noxious animal, called afx. Could the Jury really believe that this was the motive of the Berkeley Hunting Club? Were they associated a 3 a body of wrrain catchers, who had met together and united for the patriotic motive of de etroying noxious animals, to improve the husbandry of the coun try? Indeed, In some respects they did resemble them. He bed frequently seen a rat-catcher or a mole-catcher walk about with the emblems of his trade bedecking his person, vie. a broad belt ornamented with brazen rats, horseshoes, and m01e,.---So these Gentlemen .of the Berkely Hunt wore the livery of their pro feeion, they mounted scarlet coats, with foxes embroidered cn tho collar; but yet he could not believe they meant by this to signify that they were a club of vermin deAroyers, which they must be, to make out the justification they had pleaded. For instance, if a Reverend Divine should be of the party, and he ehould have seen him pursuing the fox, he should naturally eja culate, " Why, that Reverend Gentleman, whom I heard with so much delight last Sunday, cannot be really intent on destroy ing noxious vermin with the only view to benefit the ag• iculture of the country I No, he is surely amusing himself by the plsa suree of the chase." Or, if he should see among the proupe a wealthy City Banker, he should naturally exclaen, « Why, he has not left his count r in Lombard-street, to exercise vermin catching as a trade ? No, no! he is enjoying the pleasures ai isieg from field sports." But, said the Learned Serjcant. these Gen tlemen must not pursue their own pleasure by violating the laws and trespassing upon the property of others. Every man has a rieht to the absolute enjoyment of his own property, and it is not to be encroached upon by others. If he were asked, then, would ' he wholly destroy fox-hunting ? He answered no: but let it be pursued, as it ought to be, by Gentlemen in their own neighbour hood, where mutual accommodation would have taken place, and not on the Manor of the Berkely Hunt, which was kept on foot by subscription, and the neighbourhood was overwhelmed by a party of Londoners, most of whom had no property in the place which they chose to make the scene of their spurts, and annoyed all the honest yeomanry, with whom they had no feel ing in conanon. Robert Williams, Esq. of Moore Parke, and three other wit nesses, proved the trespass. Mr. Serjeant Best, fur the defendant, deprecated this as a cap tious and ill-natured action, brought in the worst temper, to in terfere with the field sports of gentlemen, who endeavoured to give no offence, and had studiouobly avoided all those persons who Y