The Statesman. — London, England, 1809-08-12 00:00:00

T. . NORWICH ASSIZES. LADY 211011112fDALt P. fIITLLIPIL 1i04114 - 817111t617M11/111. Thttriday, liiese 10. The Assisei for this coiatyoevistiiisterd at this tows (C roy dos) yesteeday. taiShtiJseJ eiMier arrived, and their eadiaieidois• was read. This morning earl/ . they proalliteit to beldame. Oa the Civil Side ole besiaess et the day. Is very Sat and vaiateristiag • but the Calendar contains st verai very heavy offences. CROWN SIDE, BERM'S TUB LORD MIER BARON. Samuel Lamb, Mary Martia l and Marie Ay. lett, were indicted for stealing fill. in bank notes, four rings, a sorbet, an opera.glass, and several usher trinkets, the property of Marianne Cooke, in the dwelliag-insese of Mary Cooke. Hiss Ceske .deposed, that she kept the several articles which were 'stolen in a small cabinet box, and they were in the boa In the parlour of her mother's house on the evening of the 7th March. The mat day she mimed the boa and the articles it contained ; she suspected some ether persons, • and applied to How-street, but they did nut think . her suspicions sefficiently well founded, and rt.— . fated to grant hera warrant. The prisoner, Ma ,y Martin, was the wile.of a naval surgeon, cud • she had known her many years. The other fe - oak prisoner was bet Make, sad the min had lately returned from sea, and lodged in the house • lei* the other two prisoners. Th9*next day the • Fifteen left their hotter at Lambeth, and went, as she afterwards discovered, to North End, Ful. . hem. She beset wo mere of her propeety fur • sine or ten days; at last she heard that the box, which was a ramarkaWe one, was exposed to sale et a brisket's, is Wych-street, St. Clement's ; . she west there, amt lainsed It had been sold by a • cwt mod and a woman, answering the description of Agana prisoner and Mary Martin. She then tread them tollsminersmith where they had gone, and, accompanied by Adkins, the Officer, they .searchud the house. She found part of an ear . stag which she knew to be hex's, upon which Ma ry Martin confessed she had taken the box, and said part-of the things were buried in a little bas . bet in the garden. They accordingly dug in the garden, and found the basket, with several of the steles..articles, as she hail described. The finding of the goods was corroborated by the witness who • accompanied Miss C. ; and the broker said he • Weight the box (which was a cabinet one of ivory) of a man, bat he could not speak distinctly to his .person. He cause to him, and said that as he en derstooJ he dealt in antiquities and curiosities, he had broeght him that box. . Wks prisoner. Martin confessed that she had ta ken the box, but said her fellow-prisoners were sntitsiy innocent. The Jury found her Guilty, • and acquitted the ethers. George Pears. was indicted for wilfully ant; maliciously stabbing Robert Rutteridge with a case knife, at the parish of Durkin, on the lit of viand last. My .the evidence of a person of the name of Sprokeliii, it appeared that thu prisoner was a serjeasit on a recruiting party at I)ur king. The wounded man was a soldier, and on the day stated in the indictment there were three of them loge. lisor§ and what conversation passed between them be did not know, but be sae the prisoner make a simple of thrusts at Rulteridge, oa the last of which Katteridge put his hand to his breast, ex elaiming 66 1 ant wounded." He saw the blood trickle through his fingers. Ile immediately went for a constable and a surgeon. Ile said that the wounded man afterwards declared there was no animosity whatever between hies and the pri 110tler. • Mt. LOOM, a surgeon at Dorking, stated, 11141 be was called in, and found lititteridge badly wounded; a case knife hid penetrated the easily id the chest, and he considered his wound as ex. tromely dangerous. He taid that the wounded mats, who is now with his regiment, told him that there was uo animosity ',dams hint and the misuser, and be Whetted the around had been ac. cidentally given ; that they were at dinner tor. ' ther, and that the prisoner was " sky-larking" with his knife, and made a thrust at Kutteridge, saying, " Here, Bob, 1 hare yuu ;" and that the knife struck him. The l'aboner in his defunee protested he had so Intention of injuring his comrade ; that they were flourishing their knives,and hu thrust Lather than he imended. The Jury Intim! him Not Guilty ; and the jammed Judge admonished him 1t beware how he indulged in sueb foolish pastime in future, which had very near caused the death of a fellow. creature. William West was indicted fur stealing a black gelding, the property of William Cove, from East Jiasstsgad, in the county of Berks. Mr. Gamey detailed the ease, which was proved as follows : The prosecutor, Cove, was a farmer at East Lami steed, in Herbs, and bad the horse in his yard on the night of the t7th of April, hat the nett morn ing he was gene. A witness of the name of Knight proved that he Wight the horse of the prisoner un the lith of May, at Milford, in this county. The prisoner okra he seed said he had bad the horse ill the *inter, and sold him la the name of George Thomas. The Chief Baron told the Jury that as the horse was feend•so soon after it was stolen, in the possession or the prissier, it became hies to account hew be ease by it, which he had not dose. Verdict—Guilty. He was also con victed in a second iodichnent for stealing a horse, the property of Richard Stringer, of West Grim. stead, in the county of Sussex. This was xi action brought to recover the pos .ossion of a Linn at IVrettuii, in the Isle of Ely, granted by t b . late Sir Edward Nighting.ile, under a power of !cuing, contained in her marriage_ settlement, which was in the usual terms, that he should reserve the best improvable rents, which Laity Nightingale thought was not efected. This ... cams was dossed or MOWN iallirtSOCO, Masalich Y it wilett let *Areal otessore t to precis or Mole the validity of hose soder soak and similar dr , csostances. It us clearly sheen, on the past of the Plaintiff, that Sir Edward Nightingale bad let ibis farm, consist's( of 700 acres, 120 only of which were arable, to a Mr. Wallace; his steward, at 2101. per anouns, who was previously Acted 2201. be, himself, then knAtag asked 3001. fur it, on the part of Sir Edward, and it bad been deemed worth 3301. sod even 3301. Its the year 1792, Sir Edward, thee Mr. Nightingale, gave Wallace a lease of this farm for 21 years, at what was believed the low rest of 2101. and under such covenants as the Plaintiff deemed inadmissible by law, they being contrary to the customs of the country; and as to the rent, Lady Nightingale's marriege-settle meta declared, that the estate in question shemild be let fur the but improvable reel. The covenants of which the Plaintiff complained, permitted the tenant to take off the arable land three crops of grain without fallow ; and moreover, gave bins the liberty to break up all the pasture land for the first 19 years, provided such land was laid down again at that period, so that there would be then the origistel quantity of grass-land for the in.com. lug tenant. Added to these circumstances, Wel. I kea was allowed to sell off the premises 20 loads of bay, and five acres of turnips, every year, except during the last three years. As a proof NI the pert of the Plaintiff, of the injury she had received, and continued to receive. since the dank" of her hus band, in 11104, it was stated, that woo after Wal. lace obtained hie lease, he went to market with it, and asked 16001. upon its security, so good 1 1 a one was it considered; and certain it was, that Wallace did let of a part of the farm-house, and a hundred and twenty acres of land, for 1001. a year, this under-tenant, however, agreeing to pay him 3001. down, three years rent; and after. wards, in 1797, Wallace let more of the grass. land, at 4281. making a total of 638 L of that oc cupation, fur which be gave only 2401. besides re. taining some in his own possession. lint, said the Learned Counsel, this is only the beginning of this piece, the second act is still to come. In 1799 1 . Wallace became insolvent, andSii Edward Night ingale, w Ito was bound for him to the amount of 14001. gave his consent that the remainder of the lease of the whole farm should be transferred to the Defendant, Phillips, who had demands on Wallace, and who agreed to give 4001. a year fur it, on the condition that his covenants should be the same, and that be might have the liberty of giving it up whenever lie liked. Therefore, be might crop the land in that unusual manner s. lung as he pleased, and break up and crop all . the pastures, and then kayo it, to the great de. triment of the Plaintiff and in-coming tenant. — This assignment of the lease, the Counsel con touted, was illegal, inasmuch as it was not only contraty to the act of Lady Nightingale's settle ment, but also as it related to the covenants it coutained, and to the rent affixed, which was not the most improvable rent. Several witnesses were then called. One said, that at the time Wallace hired the farm, he would have given 3001. per annum fur it; and another said, he would have given 3501. if be had known there was clay to be found, which there was, he since learned. A farmer in the neighbourhood said, it was worth a guinea an acre, 7001 a year : and an ratter, that, in 1792, it was fairly worth 3501. Land surveyors and land-valuers of the first eminence were called, who deprecated the covenants, and thought the rent tee low ; and an Attorney proved, that Wallace wattled to burrow of hint 16001. oil the security of his lease, some little time after he took the f.irm. Such was the case un the part of the Plaiiitilf, and by her right of marriage.4etileoieur, anal under such a violation of it did she seek for redress, praying for the re covery of possession of this farm, near five years of the lease being unexpired. Mr. Bi:sr, as Counsel fur the Defendant, began his übservatious by stating to the July that this term consisted of 700 aegis, *and begged them most particularly to notice, that only 120 were arable at the time of hiring it. That of the 600 acres of grass, 350 were what is called advent a. rous, or very ordinary land, subject - to be needed, and nut by any means deserving the name of pas ture, and the rest was fen.land also, bordering on tire adventurous, and then, and even now, liable to the visitation of the waters. The Learned Cotin. sal asked, why did nut Lady Nightingale, if she considered at lint that she had been defrauded of any of her right, why did not her Ladyship, im mediately on the death of Sir Edward, express such sentiments, and try to effect then, what she was now so desirous to obtain, the possession of this farm ? But she continued for four years, from the year 1804, to 1808, after her husband's death, to receive every half year the rent of the Defeo. dant, and now must suddenly want, him to quit his occupation. " Gentlemen, unless a lease be a gross violation of a positive restriction, it cannot be invelidated, and this' certainly was not ; fur 1. Illy Nightingale's marriage.settlement said no i. thing about covenants; and as far es relates to thil! rent, I shall prove to yen, by the must rcspeeta-, ble and numerous witnesses, that the money Mr. Wallace gave in 1792 was nut Only a fair but full rent, and that the estate is now most astonishing', improved. Gentlemen, with respect to the taking three crop', concerning which so much has been said, I must inform you, that the former tenants had the tame permission ; and as to carrying away twenty loads of hay from 690 acres, it is really so trilling a quantity, when taken in the ag gregate, as not to be deserving notice. I again state, to prove the validity of the lease, that the rent was fully adequate. A Mr. Galloway hired the farm at 2751. a year, and be could lint live on it. Then it was dropped to 2101. and Mr. Oster became the tenant ; be kit it, and Mr. WaVacc baying tried to let it, asked 3001. a year for it, and could obtain no more than 2401. what Cater lave, (except in one instance of 2801. from a person who was not thought eligible) ; and Sir Edward Nightingale gave to Mr. Wallace a kiss oa the same terms as the preceding tenant, sot doubting but, as it actually turned out, that Mr. Wallace would greatly improve the estate ; and the fact Is, it is now worth double the rent ; owing to Ms good lmenigeaseat, and Shrimp net of ha laid out few be was to de an the repairs at hii etre I mavens, and be erected large eow.sheds, one ea. 'liable of holding sixty, and another twenty cows, end drained and cloyed the land. When Cater had this farm, a great flood swept away the produce of lan the low land, and that still was liable to the same calamity. Gentlemen of the Jury, when the hie speaks of the best improvable rent, it does not mean eke highest rent ; bet you are to take into ensideration all the requisites of a good and bad tenant ; and although Youngman's offer was re. fused, for prudential reasons, on the part of Mr. Nightingale, yet that circumstance could not in , validate the lease ; and though others had, in this Court, expressed a desire to give more rent than Wallace, still such circumstances were never made known to Mr. Nightingale, and therefore there was no intention of fraud on his part." The Learned Counsel here quoted strong eases in de. fence of his argument; where, under precisely the same circumstances, the law had declared, that it was stet the highest rent which was the most im provable one ; and relative to the 16001. asked for the lease, it would be proved by the evidence, that Wallace did not offer that lease for sale, slur as having over-reached Sir Edward, but only wanted to borrow the sum in question ; and said, " I have a lease of soy farm fur twenty.one years, and surely that is a good security till I can repay you ;" and even this event did trot occur till after Wallace had been in the farm five years. Wel. lace had likewise to do all the repairs, and, in fact, be had expended 12001. on the improvement of the estate. Another great point, to which the at tention of the Jury must be attracted, was the breaking up the grass land. Mr. Wallace had availed himself of his power only to the extent of sixty acres out of six hundred, and even where that alteration had taken place, the soil was now infinitely better. Besides, the law declared, that was not waste of pasture, which converted it into tillage, for im provement ; and this very land before, rutted the sheep, and subjected other cattle to various disor. dens, from the stagnant and infectious waters in. juring the herbage ; and, even when broken up, was to be laid down again. In short, the farm had not becu injured by cropping, anit the covenants, besides, had nothing to du with the restriction in the marriage-settlement. The rent, at the time of letting, was a fair and full one ; and since, it was increased from '2401. to 4001. a-year ; which in crease Lady Nightingale now enjoy. There was evidently nut any intention, on the part of Sir Ed ward. in either instance, to defraud his wife ; And, in the strictest point of law, there had nut bean any violation of t• e marriage-settlement; , and therefore the lease could not be invalidated. More than thirty of the most respectable wit nesses proved what the Learowd Counsel had stated ; one Gentleman, that IVlllace offered his brother half of the farm for Mt. half of the origival rent, but he thought it too dear; others showed the rcpt was amply sufficient at that time ; and land-valuers of eminence, and neighbouring farmers, estimated the fen-land at from four to eight shillings an acre, and the best at only a little 1:111.re. The Judge, Lord Chief Justice MA NSFIrLD, was of opinion that tlau lease did suit savour of collusion or fraud ; anil the Jury finind a verdict fur the Defendant, establishing the validity of the lease. A disease is now prevalent among the horses. A stable-kccper at Hounslow lost tour poo-horses in the course of last week. They all dropped dead, while the boy drove them 19 harness. Yesterday morning, •bout four o'clock, the cellar of the Horse.shoeand Magpie public-house, in Culdbath.tields, was broke open, but the' thieves were disturbed, and retreated without any booty, leaving behind them an iron crow. The cellar of Mr. Wisdom, publican, on Saf fronAill, was broke open a few mornings ago, and rubbed of a quantity at spirits. The cellar of another public-house, near Garden-walk, `pi. talfields, were also broke open and rubbed of live dozen of Thursday evening, *bunt ten o'clock, as Mr. Jewry, of Bermentivey-street, Southwark, was returning home in a one.horse chaise, u ith a neigbbour, from Lcwi4hani, the horse took fright near the half-way house in the Kent-road, sup_ postal by the lightning, and ran the vehicle upon a bauk, and overturned it, by which Mr. Jewry had one of his arms broken, and the other Gen tleman was very much bruised. They were taken to the nearest house, where they were attended by a Gentleman ile2 Faculty, who gave them every possible relief. They were conveyed to town in a coach. Canasta's ISQUEiT.—Mr. hlablilison, landlord of the Old King's Arms, Oxford-scree, orptrrite Poland -street, put a period to his existence yes terday morning, by hanging himself iu hi. bed room. The deceased had been fur some time in a state of despondettey, and about a meek since he :'attempted to drown himself in the tierrut hie river, but he uas discovered in thy act and bared. Mrs. Maddison rose earlier than yesterday morn ing, and left the deceased, a. site supposed, asleep, but on going into the bed-room half an hour after; wards, the horrible sight of her husband, suspended from the bed.post, presented itself. The deceased has left Nat children. A Coroner's Inquest sat on the body before G. Iluniov, Esq. yesterday afternoon, and a verdict of Lunacy was returned. An Inquisition was taken yesterday at the Bow I. ing.green public-house, Suitors Town, on the body of Smith, who iris killed in a battle with one Junes on Wednesday. It appcamtl in evi. dunce, that the partite were workmen at a brick kiln, and their had fought twice before, whet, the deceased was much beaten both times. Ile late the challenge is this instance, and gave Jones no alternative but to fight. After half in hour's con leaden, the derailed fell from a bid* on the tide, and be was carried away. it appeared, however, that be died ply a fall.— Verdict AisolautAter. Another Intrisitiott was taken no a poor elan, who was burials a sand pit it, the weitebovrhood of lisopetsed ea Maiday.--i'Verditt, leddental • toilet. Rfassiow-Tiotilt. -1- A. ehenemeater, named Lark, was yesterday summoned bdore the Lan MCVOIt, by the Impost appointed to superintend the weights and measures its the City, al a chargo or rendering his scales illtsal and unfair, by at taching t*o new halfpence to the bottom of that skie of the scale in which was weighed the articles he vended. The Lowe Mayon, aft e r a tern strong admonition, Awed him the usual sum impos ed on such occasions. The market.woman, who was committed to prison, on Wednesday, fur stealing ribbon from the shop of Mr. Kerrison, in the Poultry, uas brought up for re-examination ; bat Mr. Kerni son still remaining in the country, she st as re. minded. JUSTICE.ROOIIII, C UILDINA porter in the employment of an irou.fouuder in Shoe-lane, Fleet-street, w:is brought up on a charge of talealitig a piece of metal, the property of his employer. He nos observed by an appren. tice to secrete the property in his breeches, and the fact being clearly provvil, he was fully coal_ mated to take is trial. HAWKERS OF COALS. Bow.rrazer.—Yesterday, several cases of in. formation were heard before Mr. NARFS at this Otßee l respecting persons selling coals by bushels and half measure, defective is measure. Chrh[oj►her Leach was convicted, having plead. ed Guilty, fur having by his servant sold coals out of a deficient half bushel. But the Itigistrato not deeming his conduct very reprehenbible, re mitted one-half the penalty, and the Defendant immediately paid 51. JosepA Barham was next charged with having, by his servant, used a bushel measure, deficient in its size and contents. Mr. Barry, in buppurt of the information, stated this to be a case of could. derable aggravation, as it appeared that the mea sure in question hid been used a long time, and that consequently a vast number of the pour and labouring part of the community sinst have been greatly injured by it. The bushel was produced, and its size agreed with the Act of Parliament, bet in tither respects it Was defective, as from the holes and fractures in the side, and at the bottom, many of the coals filled into it, whil.t standing in the cart, must have fallen back into the cart again, the instant it was stirred from them. The Defendant, when calks! upon by the Ma. gistrate to account for his mal.praciices, sail, that when he gave the bushel to his servant it Ma% per. feet, bnt he called no witness tb prays that tact. The Magistrate, therefore, taking this case into his consideration, final the Defendant in the NIL penalty of 201. Tie Defendant gave notice of his intention to appeal from the decision of the M a. gistrate to the Bench of Justices, at the Qtaartee Sessions for the County of Midillesec !All. COACHMAN. A very respectable stock broker, Mr. Cape!, came forward this day and stated the fullowing Case : •."". A few days ago he took his seat in the Glou. tester coach, on his way to Cheltenham. He ar. rived on his way thither at four in the emit-01%. The coach was there changed, and the passengers alighted, Mr. C. among the rust ; he had nut gime twenty yards front the coach when he missed Irons his breeches pocket 561. which he hail in He told this to the coachman, mad in a state of anxiety he, with the coachman, joined in en. mining the coach, and loitking fur ttie money, bet could not find it. In this situation he procceded and arrived at Cheltenhais with only 181. so his pocket. The man who drove the CoJe/a irunt London to Oxford was brought in by Nl'Manus and Sayer; by them, and a friend of Mr. Capel. it appeared that the Prisoner had negotiated a 51. note with his landlady, who keeps the King's Heistl, 11Tych-street, St. Clemeast's, and a hich note comprized part of the property that Mr. Cepa had lost. On being interrogatod, the mats eon. Icssed that the property nas in his possession; he said that he found it, and that all the rest aas in his wife's possession, who is now living in Oxtail. He wits remanded for another hearing. M.teusoesnocti-sreucT. Yesterday, James nas charged before the Sitting Magistrate with breaking and electing the ()thee of Mr. Lo:. mine, timber-merchant, in .Store-street, Bedford, square, and robbing the same. Between four ma fife this morning Mr. Loraine was disturbed by noise, and, upon looking out of his bedchamber window; he saw the Prisoner coming out of the window of his counting-hunse, in the rear of his dwelling-house. He immediately gave an alarm, and the Prisener was in eonscquetlce secured, in the Mews behind the house, by two persons, who heard the cry of " Stop thief!" Upon mucking him, about sets shillings worth of halfpence were found on him, tied up in a handbachief, part loose, and part made up in two rouleaus of brown paper, which latter were positively sworn to by Mr. Loraine's clerk, as deposited by hint in the desk of the counting-house, together with Hans loot,' halfpence, last slight. The dirk was found broken open this morning. The Prisoner denied all knowledge of the matter charged against him. lie was fully committed fur trial, and the parties bound over to prosecute. CANINE MAnmess.--Serjeatit Nivea, •f his oth troop 7th Dragomi Guards, at pris at glum tired in Manckster barracks, was a abort time ago bit in his thumb by a small dog, belonging tip himself, and entertaining no suspicion of its being mad, took no further notice of it; shortly after tbu dog died suddenly, and on Wednesday se'n. night thu Serjeant wa seised with the hydro. phobia, and matured on Sunday morning last. MARRIAGE. At Cheltenham, Colonel -es of Sir George Os borne, t, kli with lo,thtut. 11L.iTal... At Cbeltenhium. Joke ic;il;il,l.lti. Rear-Adoirai of the Red. _ _ On 'held instant, in tier 21it 3 ear of hi. nee. Mr. Asthenia. youngest 'us of Mr. Andrew-. iergeoin o of Seam. team, Miille4es. Sir Met °nein. Bart. Rrprimontative in Parliament for the &fvea or l'onshebke, Ttub.,_and %Trona, 1.01% DON Printed nog PubloArd bz L. Lovt&L, atilt St ATIMININ lthrrics, b 7. kieet-street.