The National Register. — London, England, 1811-09-01 00:00:00

Town Quay, which the City had indicted as a nuisance; the matter to be tried involved a question as to the right etonservency of the river Thaniet claimed by the City; the excise of which right, in this case, tLe Corporationnf Gravesend disputed ; When about to be called on in its turn, Mr. Garrow, a; leading Counsel for the City, addressed I ord Ellenborough, Ind said, that the City proposed to withdrowtheir . Record.— ..—Mr. Serjeant Best, for the Corporation of Gravesend, said, that he sfionld'lnsist that the Record which his clients (the de fendants) had brought down, and . entered, should be tried, and that th e . Jury should have the opportunity of returning. their terdict.—This wds accordingly done, and a full SpeCial Jury appeared, when Mr. Garrow stating that they had not evidence -to sustain the prosecution, the Jury, under the direction of Lord Ellonborough, found a verdict for the defendants. TILE KING V. lIA?•18110 0 K. This was at information against the defendant Hambrook, for aiding and assisting the six following French prisoners of war to escape, viz.—Trine Bonet, Jeane Soddy, J. Natali, Giessileux ----Martin, and Chaimuut.—The follow ing were the facts of the case;—Olt the 22c1 of September last, Lieutenant Christie, of his-Majesty ship Cordelia, being cruising in the Channel during the nigkt, sawn boat standing in for the French coast.. They hailed her, and received an answer in English that she was a Folkestone boat. Upon which they bred at her and brought her to. On board her they found the six French prisoners of war. By the agent of prisoners it was proved they acre on their parole at Chesterfield, from whence they absconded on the Iflth of September last ;on the th they arrived in two post-ch :ises at the Fountain, at Cant,rhury, and from whence they went forward to Folkstone. The first chaise which arrived was.told- by the passengers to drive to the Blue Anchor,a little pubhc- house kept by the defendant. As soon as they arrived, he told them •he•ltati got beds out of the house, and went away with them; when he returned, he asked the riaise boy if any more were corning; he answered he did not know. The other chaise arrived lag r, and drove first to the Folkestone ,Arms, and was then directed to the thte AnChetr. The b.y could not identify the persons be carried ;but he •to a large _Aral box they had with them, which b.x was afterwards found oa hoard the heat at sea with them wlien they were picked up by the Cottle:is. • The Learned Judge told the Jury it was far them to consider, whether circumstances under which they came to a little public-house, did not furnish, ground for them to say that the landlord who kept it was privy, and if se, aiding to their esc:;pe. Tbs. Jury found the defendant Guilty. . . . CORNWALL. • PENNECK V. TYACX. This was an action to recover damages for a horse, warranted to be what he really was not. Mr. leliyil„stated the ease for the • laintit, who is a medical gentleman, residing at PeTIZUTPVO. ..riae.4.f e ndant is a farmer, at Ludgyanoear that place. The doctor be its •want good horse, applied to the defendant, who procured him the horse in ques: tun, and warranted him perfectly sound , and free from vice. The dottor remarked, that being a corpulent man, and a, timid rider, he wished to have a horse that would carry him safely on all occasions. The defendant having strongly rktormnrnended his horse, a bargain was struck for 50 guineas. The following morning the doctor mounted, but he was no • sooner on the animal% back than he stood on his laud legs, and walked a considerable distance like a dancing bear, dragging the doctor with him in the stirrups. Assistance being fortunately . at hand, he was extsicated, .and did not me* much injury. Several ostlers-and others attempted to •ride him. N hi: they all met a similar fate. Upon this the plaintiff informed the defendant .that the horse was unmanageable, and that he could not keep him. A curious answer was returned : the defendant said he was much surprised that he did not find the horse answer his expectation that lie had warranted hire to be very quiet in the stabk, but he never istarrosited hug to be glad , out rf it. However he had no great objectionto take Lien back, if the plaintiff would allow hitn ten or twelve guineas, as he had no doubt but he should be able to get a chap for him, and to sell •him for a eart-horse.-- 4, Here," said the Learned Cozen- eel, " you at once discover the knavery and cunning of this man. What kind of horie was this that was quit in the stable, but no where else ? The plaintiff did not want a horse to he . always kept in the stable. By 1 Bing in possession of the plaintiff for about two days, in some extraordinary and magical way, he _ is transformed into a cart horse;. so that this famous horse, war ranted free from vice, all tit once became unfit to ride. The defendant would not take back his hors ,hut as a cart-horse, ;With ten •or twelve guineas. The plaintiff sent him to Ford's Hotel, where he has been kept ever since. Verdict for the plaintiff GA being the price of the horse, and his : keeping * plaintiff Gl. beiug th. price if the harse, and his keeping * yoid's. .ay young husbands as he hid wane:toed in the North, and.feom motives of charity he had,been in :used to act in the way he did. The poor fellow's defence is warmly founded on the old adage, " Churiiy covers a multitude of stns; ' bur the Magistrates were not NI ITi• ciently charitable to admit his plea, and have committed him fur trial. A man named DyrOm, and Ms wife, were tried at the York Assizes for the murder of a ssvoep, by stirring up a fire, whereby the soot in . the adjoining chimney in which the sweep was at work, was set on are. and he was so dreadfully burnt, that he died in a few hours ; but the malicious Intention not having been proved, both 'prisoners w, re acquitted. At the Susses Assizes, at Leives, a mite of considerable im portance to oersons interested in • the 'payment of tythes, and which exciteet great interest in the county, CAIII2 on to be heard before the Lord 'Chief Baron. It wise an action brought by a farmer against the inturopriator, fur not taking away his tithes when set out; and the principal' question was, whether the Parson was bound to take the tithe-lamb, when it was fit to live without the dam, whether the itArmrr weaned his own lambs or not ?In this case the farmer did not wean his own latnbi but, after setting out the Parson's tithe, returned the nine parts to the ewes to fattkn 4 for sale. The cause hating called on, wad the Pittintiff's Conned having stated his ease, the Judg e recommend ed a reference, which was acceded to by all parties; his Lord ship first declaring' the law of the case, namely, that the lambs are weanoble-qwiten they can thriye on the same ;food that the tians,sUbsists on, and that the lamer is bound to tap at the Par son'i lamb in the same manner that be treats his Own. This doctrine gives the Parson the right to thetenth tatted land), mud establishes a c.iterioo upon the subject of tithe. la. he, which, can never be productive of litigation, inie.much as the - time df ttOling is remitted certain, and the farmer has his option to wean his lambs 9r not. . TUESDAY'S LONDON GAZETTE. ADMILALTY•OTIPICK, AUG. 27, ISM Copy of a letter front Admiral Young, to J. W. Croker, Esq. Secretary of the Admiralty , dated Marlborough, i West Cape!, August 21, 1811. SIR-4 transmit to you for their Lordships Information, an ac count of a very spirited and successful attack made on four French gunehoats, by the boatsof a detachnient of this squadron under the command of Captain liawtAyne, of his Majesty's ship Quebec. I have the honour to be, &c. (Signed) W. YOUNG. His Majesty's ship, Quebec, Heligoland, August 6, 1811. Situ—l have to •Olbeagiure.nf a di , been perforifted by under the direction Quebec, who had cers and men that The weather was par , _Ay . settles _ ,of service, and they had already captured and sent to me a vaisseau de guerre of the l)ouanes linperiales, manned with an officer and twelve men (one of them was killed before abe surrendered); and a-merchant vessel which they were towing out, when being near the island of Nordeney, ou ;he 3d, four of the enemy's gun-boats were seen at anchor within. The enemy silently waked the attack, their guns loaded with grape and cannhter (not using any round shot), until the b: , • is were within p'stol range, when a discharge took place from their whole hne. The first vessel was inamediat ly boarded and carried, but the others with great bravery mai!)taified themselves, severally, until they found their vessels were no longer in tlisir own possession. lhe loss sustained was, on our side, four killed and fourteen wounded, on that of thf enem ., two killed and twelve wounded. The Officers employed were., Lieutenant John O'Neale, Alert; Lieutenant Samuel Stout, Raven, severely wounded; I,:eutrnant Chiries Wolrige, Que. bec ; Humphrey Moore, Lieutt:nant Royal Maric.es, Quebec, afterwards severely burnt ; Sub-1 .ieutcmatit Thomas Hare, ertion ; Second Master George Dow , ey, Redbreast ; Carpen ter. Stephen Pi t ckett, Raven ; Maher s Moe Robert Cook, Quebec ; Master's Mate John M.Donaid, Quebec • man Richard Milieu Raven, very sevcc ely wound e d; Fare James Muggridge , Princess Augusta, wounded ; Mate George Johnson, Alert. I have the honour to be, tkc. (Si g ned) C. 11.A.WrAYNE, Captain. v" ¶,_. TIONAL RFAARTER. 549 _ _ - - ce; and An Hibernian was apprehended at York, a few days since, right of charged with having seven wives living? On' being called on tot a ge ex- a defence under so extr.tordinar- a charge, he said he thought it .avesend was a sin and a_simme to see su many young women without .4"kUplall V, aoa a • acquaint you with a very gallant achievement division of the enemy's gun•boats), which has my the busts from this part of y air -squ..dron, )11 of the first Lieuterirat; SSIONOI,44Iyr.b. of the 1 the honour to command a party of brave oa- t nobly seconded. as particularly fine and settle! for this kind of : MI II