The Statesman. — London, England, 1818-08-18 00:00:00

~' I', V ; r~ . . . . Mr. Baron Wuo6 then WWI f e lvviip Whitrns um b genmaitte. Where is Kittock ? Let him come for. roi On. of the Sheriff's 'officer, certified that he had gone home last night. Mr. Baron WOOD.-.Dn you lite in Whiteheven? Yes, my To rd, I dn. Then he has taken six shit _ Aga from a poor Priannoi— . Mr. Cuawv.v. M. P. (who stood in the Grind Jett/ hos)—.Sateen, my Lord. Mr. Baron Woos.—Siztren shillings he ha• taken. Li" him miry. lb* %kern's , instantly. It is a most abominahte thine as any man could be guilty of. Mr. Cu aunts thanked his Loidship end retired. His Lordship at 10 o'clock proceeded to hear civil Closes. ItAvElliVßOrt V. WILSON. Mr. LITILMALE stated this to be a case of brutal end violent trespass, and called upon the Jury to sire very heavy damages. He represented that the Defendant, landlord of the house, in • the parish of Wigtnn, occupied by the Plaintiff, without giving soy previous warning, unroofed the house, tore flown the ceiling, and exposed the miserable inmates to ell the inclemency of the weather; in consequence of which the Plaintiff's furniture was destroyed, and his wife was afflicted with a nervous fever. Mary Somers was the first witness called. She 'appeared, dressed like a metro% but intrepid as an amazon. Whenever a question carted forth her elo. "qiieue", she proceeded proceeded with amazing vole. liifity till even the Judge implored a pause for God's 'take. • What was the agreement when the Plaintiff, your 'ion.in.la w, entered this house?—Mr. Wilson pledged ihrword that he should not be removed without law. liiruivirning, and, lawful warning is six months' 'ettitting by the law of England, &c. Ott cross.elaminatioti by Serjeant Hum.ocit, Vie!' admitted, with a • look of indignation, that She was the Plaintiff!. mother.in-law, she Wad never be"n married; and that when her daughter - -.• • aras born,'site had been housekeeper to John Ito. and ever 'trice to his son, Joe Robertson, tad a suit in Chancery for fourteen years, with • payee( to the ownership •of the very house now in Mrs. Somers remarked, with exemplary gravity, * t the law was a very had thing, but it was neces virtt • sometimes to have recourse to it. n the part of the Defendant it was proved, that Plaintiff had got the house es a matter of mere lhi`oar, till the Defendant should have occasion to air it, or to let it as a farm-house; that he paid ' rent for it ; that he never occupied but two lroninti of it ; and that, In fact, the unroofing and t a king down of the ceiling were done not only with, his consent, but with his to-operation. In course of dila proof, a man of the name of Jackson, servant to Mr:Wilson, was ezamined as a witness. •' l r. LI T TLIDALE cross-ezamitied him.--You are en &Oilier of considerable celebrity ? (The witness bleih'.4l° with the conscious pride of genies.) You have Published, MI. Jackson ? (The tremulous mo. deity or ' authorship repressed the intended reply.)— ' ouhiteadvertised in the,Newspapers ?--Ouce, Sir, end. I'll leil . yOu how that was.—Aye, do tell us. •Mr lerjeant Ilpixocz insisted that this was not • • ..... -oefilence. Mr; garois Woon thoeght it was.not. btr . I .ITTLIDALE.—My object to show that this witness cannot be believed. He hay advertised him ieflra liar , and therefore he can have no credit on difsOccesion. "ft4fihii Lordship and the Learned Serjeant thought , citif of no kmporte . nce. • Wines! (blushing like the morn).-0, does it me no discredit; if it be, the pleasure of. the,cnmpany, I "VI tell 'them all hew it happened.--(.Laughter.) td,,r.Se*lintlivu.ocK.—N,,, my friend, not just 10111 be telly happy to hear you another time. "'Verdict for the Defendant. In the other Court ail the causes tried were for debt, or fate *piety o( money due upon contracts, • AcPpt one. VIZ KING B. BLAYLOCK. watt en information, spots • special Act of hrusimer,it, against the Defendant, for assaulting nival'obstructing three Escise Officers. Tonninit, Scarlett, and Litticdale, wore tor the prosecution ; Mr. Serjeant Matlock for the Defendant. It wes'clitarly . proved in evidence for the prosecu tion, that the threencise-officers, Atkinson, David son, sod Elliott, set out from Longtown..at seven in tiits . evening of 24th of November towards Lucken .11-w, in the parish of Stapleton, where they had in formation. th;t smuggling was carried-on. They ar rived between eleven and twelve at night, entered a hut, where they found a still at work, containing from fifty to sixty gallons of wash. Four men and '-two women were sitting by the fire. The officers were all.armed with braces of pistols. On entering, they announced their character and their object. All fled out. Atkinson had one of his pistols cocked ; and_ he having stumbled, it fired, and hit James Armstrong, one of the men. The officers then pro. ceeded to seize the head of the still and the worm, which they carried with them: While they had been in the hut, those who had fled got up to a bank higher than the hut, and rolled large stones open its roof, some of which broke through the roof. Three seen pursued the officers, one of whom brought At. Vinson to the ground bp a stone, and struck him at the back of the head. They were obliged to quit the head of the still and the worm, and to fly or conceal themselves for their lives. Blaylock was proved to have been one of the most active, by two persons who were coming to see the curiosity of whiskey Bulking, and by his own trintiphant declarations afterwards. SP , ,jeaut I - future — l said he bad a great many things to ray but if bii Lordship's mind was satisfied, be would reserve them for another occasion. TAP Judge end Jury declared themselves at once esti.fied. Adjourned till eight to-morrow. A 060 ST •12. CIVIL SIDE.. As the same Connie! were engaged in the.causes that remained to he tried, the business could not be farther conducted in separate Courts. Mr. Baron Wood did not therefore attptid here this day. lie kas proceeded to open Ahe Commission at Appleby. , —At eight in the morph% Mr. Justice Bayley cause . -, ' Mr , - BreArrESMAN. into Cou'lf, and 'sat. Wl' half-past four, to hear one 'Special Jury MM.. • HOWARD V. MASON. The Plaintiff is Proprietor of the Corby estate, nti the east bank of the Eden. The Defendant is one of the tenants of the manor of Vireatbeily, DO the . . opposite bank of the same river. The Dean and Chapter 01 the Holy and UndiSidell Trinity in Carlisle are the Lord of the Manor of Weatherly. The present wit iiethrti of trespass,. for fishing en the Weatherly aide If the Erlerr. The trespass was admitied - hy the. Defendant, and, the real issue' was, whether the customary tenants of the manor of %Veatherly had a right of angling on their own side to midwater . ? The Plaintiff put in several leases to him of the fishing in question from the Dean and Chapter of Carlisle, and witnesses were called to prove that Mr. Howard had exercNed the exclusive right fishing by granting licences, and by discharging all who fished without Isis licence. The Defendant then brought up a host of witnesses to show that the reputation and the fact gave to the tenants of the manor the right of fishing on this river, so far as the manor extended along its bank. — A question arose whether the reputation' could he . taken - from the declarations of customary tenants, who stied before thedispute commenced. Mr. Justice BAYLEY was decidedly for the nega tive, as those tenants kid, fin interest in the ques. lion ; but, at Mr. Tindall's desire, he made a note of it. But after many of the Defendant's witnesses were examined, it was found that they all spoke to a right of fishing for their own use, with o ut the right of selling the fish, while the right claimed on the re cord was an unconditional right. A verdict was in consequence given by his Lordship's direction for ibe Plaintiff. Messrs. SCARLETT, RICHARDSON, LAMA, and VER NON, were Counsel for the Plai‘,tiff Messrs. TOP PING, MAINE, and TINDALL, for the Defendant. Mr. Justice BAYLEII.---ll it the first time of my life that 1 have heard of a matt claiming a right which he could use only for himself, or of a man not having the power of doing what he would with his own. _ _ Mr. ScAstr.m.—Yes, my Lord, end should think it is the first time you,ever heard of a tenant claiming a right in common with the Lord of the Manor. Very considerable amusement was afforded in the course of the day by some of ihe witnesses. • ifeIiSTMOR L AND APPLEBY, Atm. 19. Mi. Baron WOOD having dined at Lowther Castle on Wednetday,opeued the Commission in the evening. This morning he attended Divine Service in the Church, ind heard a discourse from Phil. vi. 10.— ,± I,et your conrertiatiou be such as become the Gos pel of Chr . lst ;" and giving a regular pedigree o f the virtues (rein their parent, faith, and of the vices from their parent, unbelief. The preacher, the Sermon, the Church, the congregation, were characterised by a most harmonious style of rusticity. His Lordship proceeded to the Crown Court (in the absence of Mr.' Justice Bayley) and tried a few Prisoners. The two Members for the county are at the head of the Grand Jury. Lord Lonadale sat the whole day on the let of the Judge. There are only four Prisoners in the Calendar, one for steeling cotton otitenters at Kendal, one for possee4ing large sums of counterfeit coin with intent to circulAte them, one for manslaughter, and one for riot. The two former were tried and convicted. — There was not hing important in the circumstances dis closed. The Courts are the most inconvenient nn the Cir cuit. The people' crowd excessively, and seem to possess no principle of motion but brute force. CIVIL SIDE. • Mr. Justice B UTLEY arrived in Appleby by two o'clock, and proceeded immediately to the Nisi Pails Coast. There were 1 I causes entered. SOVSFIELD 11. POTILERGILL. - _ _ Mr. RAIN E gave s very pathetic account of the in jury dt;ne to the Plaintiff's sheep, by having been chased, worried, and hounded by the Defendant, onta 'common where both parties bad equal rights, and claimed 'Ply high damages. M r. ScAncErr.—Your Lordship sees that the very nest cause entered, is Fothergill v. Bousfield. It is for the very same kind of trespass, and equally enti tled to damages. Mr. Justice BAYLEY.—I am aware of that . ; I have no doubt how the case will terminate; but, probe. b;y, each of the parties require to bate some blood drawn in order to cool the fever. Both cases were referred. THOMAS RINKS, Esti V. R. M. HUTCHINSON, ATTORNEY AT LAW. This case excited considerable interest by its own merits. It possessed, besides, the peculiarity of having travelled with the Court from Durham. At Durham, a title was granted by Mr. Justice BAYLaY, :for trying it at Newcastle, there the Counsellor the Defendant refused to have it tiled, as tie relcurd - had nut been entered in lime. here it occupied the Court from three o'clock till seven. - • • 111 • I torney. As to the beyond pi 1ic1‘71.777 1 :77: 5r,,,, :a of Newcastle, attorney for the Plaintiff, was gl ee % rigidly cro'se4elamined, and c a u ti one d , while vs' honour and respecia!ility were freely ockoootledea4 to beware of behtg misted b, a bins for his c h i ' He stated, that a conversation did take place bet,,,,,,Z him and the Defendant, as to en arrangement of ells matters in dispute, and setting off the papp rtos against the rents, but that lbw setting off was - dr e , tinctly upon condition that the Defendant sh eold . give time for paying the note; that the Defendant di r t not give time; and that in fact the witness retorted the bills to him i few 'clays afterwards. The nape rtoo had never been taard.. Mr. Scattz.zi-r, •ifter contending with his La r d. ship in vain as•to those points, again addressed the ,Jury, and repeated his former observations a, to the conduct of. the Plaintiff. He had harassed the Defendant through all the Courts of Westminster. hall, in Durtratn, Newcastle, and in Appleby, If the Jury should now give their verdict for th e Plsintiff, which, he contended, would be a disu ses • to the administration of justice, the Defendant wow have to run the seine chase over again to recove r NI eapences in the Court of Exchequer, which emeeotat to more than the sum now dema n d e d. Two isittiesies, clerks of Mr. liscrisen, 1 00 4. law to the Defendant, were called to prove an agr ee . meek to set off the rents against the costs. They al l ' proved that the subject was talked o f, an d t h at ri d relived by a bit of paper,, written a few weak e i t L fore the test Durham Assizes, in which one of d ie clerks (Shepherd) writes to the Defendant, that th ey can prove such an agreement, and signs "Sbophed and Wood." Jonah Bird, ; very large and corpulent man, was examined for the Plaintiff. Mr. RUNE, in cross-examination, asked him if he knew James Riffles. ?—No, I never heard of him. George Ridley.?—No. Perhaps I still mistake his Christian name, some Ridley ?—You will never riddle from me but the tru t h.—(if laugh.) Mr. RAIN IL—That is vastly. Alever. But lam not angry, for I see you are a well.fed bird. • Thomas Graham was the principal, witness for the Defendant, a most lively and pert old man of seven ty-six. Mr. RAINE..--- Now speak up in your answers that my Lord and the Jory may hear you. The Grahaan.—Aye, but speak ye oop, that I may hear you. Mr. ScAnt,ETT cross-examined him, hnt finding him rather slippery, he angrily said, Don't fence with me so, Sir. The Graham.—Why don't you speak oop then, that I can ' , ear )e ? Mr. 4CAKLETT entered then into an examination as to a conviction u f this man two years before for fishing withoui a licence from Mr. Howard. Graham.—On, I know, when a d—d sco”ndrall swore what he never saw, that I fished with a lister.' Mr. SCA RLETT.--Mhen was that? The Graharn.—Why it was at the time of that con. virtipti that ye're hammering about. The laughter was here so great that Mr. Scarlett was obliged to call for the interference otitis Lordship. The Graham, however, could not be tamed, bot displayed the same spirit to the end of his story. Ray son saw the tenants fish when Bishop Law and Archdeacon Payley, were walking along the bank of the riser. Moor saw the tenants fish all his life. lie was 87. Ile remembered to have seen the rebels going to ex ecution. _ Mr. Justice BAYLET, at the conclusion of this trial, intimated his intention of attending there to. morrow morning, in order to dispose of the tbree re maining Special Jury causes. Mr. SCARLETT expressed WI regret that he, Mr. Littledale, Mr. Richardson, Mr. Itaine, or Serjeant Bullock, amid not attend his Lordship. But the Solicitors might employ other Counsel or plead them selirps. In one of the remaining causes Mr. Hodgson (cele brated, as the Solicitor whom Mr. Scariett called 66 wicked and fraudulent") is Plaintiff, u steward of the Manor of Fremont, and the question respects his right to certain fees. The question %vis tried at • former Assizes. Of the other two, one is a question of tithes, the other of partnership. Each of them is very long, and it is not likely therefore that they can , be decided at the present Assizes. BRISTOL ASSIZES. ......e.,.---. Commissions of Assize, Nisi Prins and Oyer and Terminer, were eperred on Friday last, before the Hon. Mr. Justice PARR end the Corporation of this city. No case of public interest occurred. There were two Special Jury ceases on, the paper which had excited cousiderahle curiosity ; the one of a pri►ate nature, the other respecting the Bristol Gas-Light Company. The first of these was withdrawn, and the latter referred to the arbitration of Counsel. Yesterday morning, about four o'clatik, Mr. Wil. cocks. * butcher, residing at Putney, walking along the Wandeworth.road towards the London markets, was stopped by three footpads, who, .after beating him in the most iohirman manner, robbed him of 141. in Bank of England notes. A fishmonger, named Everett, going to • Billingsgate, found Mr. W. lying lon the ground quite insensible. soil with eery little Iremaining signs of life. He got assistance, and had him conveyed home to his imity. .~ • Messrs. Serjeata thrhhoca. and TINDALL were Counsel for the Plaintiff; Messrs. SCAIILETT and Panic, for the Defendant. Mr. Serkortit fluhhncit opened the case. In the year 1815, en action was brought against the Plain tiff, by Miss Appleton, for an assault (Miss Apple. ton had got a serious per/tonal injury in an effray), the cause was tried at York, and damages were given !oldie amount of 2001. The expetices amounted to more than 1001. more. Mr. Hutchinson was then attorney for Miss Appleton, got an esecutioo against Mr. Rinks, and sold very considerable portions of his effects. But as goods are generally in such cases brought to a bad market, the debt was not satisfied. A second 'esecution was brought, and with the same result ; 1801. were still doe. Mr. Binks's personal effects having heen thus wasted, his person was next arrested, and he was committedta Newcastle jail.— At the same time the Defendant happened to be com milled to Durham Jail. Similarity of situation pros duced sympathy of feeling, and the Plaintiff got him self liberated by giving his promissory note to the Mendint for the sum due. At the same time, how. ever, he give him a power of attorney, for uplifting the rents of three farms, the properly of the Plain. tiff and his wife, in the North Riding of Yorkshire.' This last was expressly for the use of the Plaintiff, and was considered by him as a security for his promis sory note. This was in February, 1817. In the. April following the Defendant applied to the tenants of the Plaintiff for their half year's rent; and they refusing to pay in consequence of the Plaintiff's desire, dis- trained for it. The Wme proceedings were repeated in the October following. The Defendant received in this manner 1061. Not withsta tiding ais, he brought his action in the Court of King's Bench for the payment of the foil amount of the promissarynote, and obtained a verdict in Guildhall. Upon this vet. dirt he was proceeding to exr , ution, *bet. the Plain tiff, feeling, as he did, the ruinous effects of execu tions, paid him 2651., the full amount of the note and costs of action. The Defendant had thus paid him self large proportion of the sum due by the rents of the tenants, and yet had recovered the entire sum I afterwards without accounting for the previous pay.' meta. This action was therefore brought to recover the money' overpaid to the Defendant. :Two of the tenants of Mr. Births proved the distress by the De. tendant t and the payment to him of 701. and 6d. Rem the Case for the Plaintiff seemed to be closed. Mr. SCatthErrtiaid, that he should show this to be one of the Most oppressive cases that ever came before a Jury. The conduct of the Plaintiff had been cha racterized liy more trick, chicanery, fruad, and folly, than he had ever know I. in any other instance. lie was a lover of law, but that being a most expensive pleasure, he naturally found biniself at last driven by necessity to the tricks w hich be had at first practised for the lose of the game— M r. Justice BATLEY.—Brother Hullock, you have not proied the payment of the 2651. Here the Plaintiff's case was opened a fresh, and 'pip'sl witnesses were called and cross-esamined at great length. The points which were attempted to be 'made in defence, were, that the power of attorney ' was generally For all claims of the Defendant, and that the Plaintiff had agreed to let the Metalatit set off the rapanceh of an ectioto of replevin brought un successfully by the Plaiotiff, and „oleo a suit of equity equally .unsoccessful, fur an, injunction to restrain the Defendara from proceeding to -recoverl payment upon the promissory note. In support of the first, several letters were written by the Plaintiff from Newcastle jail .to the Defendant in Dutharn jail. The ,letters were very. friendly, expressive of regard and gratitude, and moat complitnentery to the Defendant, but they wergiodged to make no alter. olden in 'the Clpress pint : 444m of tlie,puwe4 Aif • Mr. Serjeant IfuctocK made a. powerful reply. "The Jury might-be safely allowed to decide who sm a best acquainted with tricks, chicanery, and (raid, the old Attorney of Barnard Castle, or the lauded proprietor at Newcastle. But if they had nut tub a I presompfion in the case, the facts disclosed gm quite sufficient to guide their judgment. As Is*" power of attorney extending beyond the promissory note, let them tee olirct that the Plaintiff owed as money to Mr. Hutchinson. Mr. Hutchinson had never any claim upon him, hut as Miss Appleton'. agent (to whom he never accounted for the money), more than lie had upon him, and Coil forbid th at hb should ever ha veany transaction with him. The letters were friendly, but a man in jail has too mach !jewels his hands, and he wrote long and idle letters. now. ever, let Mr. Rinks have occesinn to write again is jsil and he would bestow different terms upon M r . Hutchinson: Be_regretterl that the case h a d bo a been tried in Duitiini, where Mr. Hutchinson was known, or iii Newcastle, where Mr. Brown was known ; but here they were taut too for distant from 'BerneW Castle to have heard of Mr. Hutchinson.— The eferits.of thistasemere so obvious as to require no comment: 'What was the proof of agreement Shepherd' and Wood; John Doe and Richard Roe. After all, they only proved a conversation on tbe subject. Mr. Justice BAYLEY, in summing up, pointed th et tention of the Jory almost exclusively to the mitt. 'nil neglect to apply. the rents to the reduction of Ns debt. Why were not the successive receipts endorse& on the promissory note? It was for the Jury to judge whether there wtstrevidence of en agreement to set off. Mr. Brown's evidence did not appear to be contra. dieted by the Defendant's witnesses. It would have been more 'satrefactary, and perhaps to be espected, that, if such on agretimeut had been entered into be. tweets professional men, some writing most have been made. If they were of opinion that there had been no agreement, they would give their verdict fur the Plaintiff, and damages 701. and Gd. which was the sum proved to have been overpaid. Verdict fur the Plaintiff, damages 701. and Gd. PO LICE. Harrow CAROM. - Monday Mich eel Bash, an old min,was committed for trial as a common utterer tit counterfeit half. crowns. The Prisoner bad employed his.daughter, vears of :Le, to assist his nefarious trade. Considerable dif ficulty was experienced in sem citing him,•and his dattglutr wit discharged. UNION-11ALL.-30senb Lear. who drives a cart, urt: dared arum the oath of Richard Ware Cities, Esq. with wi fully drising his earl against him, and endeavouring to ride aver hint on Saturday last. The Complainant a. d witurssek swore n:otill positively to the (-barge, and the Magistrnte ordered him to tied bail. m.d in 1-faith thereof, to lir coma-itted. WORSHIP STRPI:T.-0/1 Monday Henry Nosh, charted wi h killing and slaying Catharine \ ash, his wife, by heat sg het w ilk Knelt violence :hat she died in entiseivit N e, wa, brought wp from Clerkenwell Prison for final esninitiation. The sillier was informed that Cie Coroner'. J u ry re t ained a verdict of tn:inslatighter agai..st Mtn, upon the evidence .of his oam dattritter, ant! the Surgeon who esitinined the body of the dr. geas.,d„ Consequently. he must stand his trials but If be weld produce undeniable bail. he would be all :wed Lis liberty till the Sessioos, it having a pp eare d t h at h e h a d no IDigiC Otis ita tent when the fatal bin,. Has struck. The Primmer bowed, and signified be wit, not provided with such hail ;Isis eolith/ 'aleat was made Out. and he was fully committed. CORONER'S INQUEST. hfonday an Inquest was held at the Lord Collingwond,,, Bethual-green, before J. W. Utitmw, Esti: Coroner, on the body of Charles Ttimnge„ aged five ' , earl s son to•alf. Jahn Ta mage. of the above place. It appeared is evidesite. that the decaued was missed by his parents for neveral days, and it was supposed he had been itoletr. The - beadts. cried bin to no par. pose, and on searching the privy, the deceased was (wird in the sod. quite dead. There was no evidence adduced how the de ceased came into that dreadful situation. Veirdret—Accidents.l Death. On the 16th inst. at South Wa rnborotigh, Hams, the Lady of . Thomas Moure Wayne, liq. of a dattgbler. • - - On the 30th ult. at the pari-h church. %TIM% larashire• John Sharp. ?sq. of Tottenham, t.i Dorothea, fourth daughter of Thos. Ainsworth, Esq. of the• forma place. . • DIED. On the ISih inst. at Crauford-Indie, Middiever. la' of !Yammer-square, Thomas Richard Spence, Esq. after a long and very severe illness. On the 161 k iust., Charles Frederick, seed's! soe of . 111'. Charles Thompson, of Kensington•sgonrp. On the 16th in•t.. at Clapham. in Surrey. Mrs. Prescott, aged 75. relict of the late William Prescott. Esq:' ' 0' the 17th inst.. at Itio hna•e in Charier-heose , sqnnre, Solo' matt flottgimus, EN. nerd 74. Oa the 17th inst. in Great Cornne-stridel. Russell squaie, Mn. Holmes. widow of the late lune F.-q. lately, al 14 'intinn. Ann. ilst wife of Richard Must, of Wood street, Cbeakside, a beF 41s( year. COAT. MARKET,i Avo. 17..' Ships at Markel. Sitips 1 4'44 Newt:Astir 4 Sitotterlassit S *.• 01 to 99.. 04- • L • 1)ON : Printed an• Yithlrshed r.v D. Liav et " • Sx'AT Cot t:t Orrtcs, No. S,SLI! 1..0ry-couli k Fleit-srrt M , ~:..~. _r I • • ".A/' w ~I '~~ ^( 1 F .. 'c ~Yr 1 • 3 . w :~:~.. o t • j ., t