The British Press; or, Morning Literary Advertiser. — London, England, 1825-07-23 00:00:00

OF LONDON TITHES. The 'detest which, more particularly during some months pest, has been excited by the consideration of the unplessact disputes arising out of the situation of the Tithes in several parishes within the city and liberties of London ; and of the proposed measure for the relief of some of these perishes, lately pending in Parliament, has attracted much of our attention. The sill introduced in the House of Commons was op. posed mid lost on the second reading, upon the ground that the House could not interfere to take away the rights and properties of parties without their consent, iu the manner pro?ttsed by such Bill. l ite Bill in question, of which a copy is before us, pro weed tonfford relief to the several perishes of Allhallows Barking, Allhallows the Less, St. Botolph without Ahlgate, St. Giles without Crip;ilegate, and St. Gregory by St. Paull', (as also, we presume, to such other parishes as might have been &dead to the Schedule of the Act before it pared,) by alloting specific sums to he paid, in lieu of tithes, to the several imprepriatots and incumbents, and (we infer from the blanks left in the schedule) i 5 the se veral other parties in possession of, or claiming to be entit led to e the tithes of those ravishes respectively ; and con taining also a clause, " That in any parish or parishes where soy huproptiations be, it shall not be necessary for the impn:friator, or impropriators, henceforth to pay or alloy Ulf sum or VMS of money to the respective inaun ,:betits oreuch respective parishes. That the Bill, for the minion alleged in opposition to it, should not have succeeded, occasions us no surprise ; but supposing it hail passid into a law, it teems that it was in tended stilt to have left, in the same situation as at present, the very injurious disputes exisiling in several parishes with in London and its liberties, which were included in the Fire Act, (22 and 23 Cha.2, ch. IS.) ; and it would cer tainly sot have affected any of the parishes not included in that Act, except those before mentioned, and such as might have been added to the S,:hedule of the Billduring its through Parllatnent. e Bill, in its preamble, professes to apply to those parishes wily, which are not included in the Fire Act ; but as the very first parish which, in a few lines afterwards, is mentioned, in the enacting part of the Bill, irthe parish of St. Gregory, which is included in the Fire Act, as united to the parish of St. Mary Magdalen, Old Fish-street—we presume the framers of the Bill must have overlooked that circumstance : and it seems doubtful whether the clause, before extracted, in consequence of the generality of its terrna, " any parish or parishes where any impropriations be," would not, and was not intended, to have extended to parishes included in the Fire Act; particularly as that Act is noticed and referred to by the preamble of the Bill. As, notwithstanding the failure of this Bill, we enter tain coosiderable hope that some means may yet be pro vided for putting an end to the very unpleasant disputes, not less injurious to the best interests of religion than vex atious to the parties immediately interested, which have so long disturbed the tranquillity of many parishes in the city and liberties of London, in consequence of the present state of the law respecting their tithes ; we propose, in a future Number, to resume this sutject, which, at present, we are laboriorisly investigating ; and if such suggestions or observations as we shall then offs r, may prove ultimately of service in so good a cause, we shall think our labours abundantly repaid. In the mean time we will only ob serve, that it is evident parliamentary interference can only accomplish the object desired—that, in our judgment, be fore it as be expected the Legislature will interfere, either agreements must be concluded between the several tithe owners and parties liable to pay tithes, or such proposal for an accommodation of differences be made by the latter and refused, as Parlisnient may think ought to have been ac quiescd in, in cases where the claitns to tithes are doubtful ; and that the most probable mode of bringing about such an accommodation of differences is, in the first place to as c.rtain, as correctly as postible„ what are the legal rights of the parties ; and, with that view, to clear up, as far as may be, the doubts which at present exist in the construc tion of the Acts of Parliament affecting the question, which doubts byre partly arisen out of the several decisions upon the London Tithe casts, that have been adjudged in our Courts of Law.—The Quarterly Theological Review and Ecclesiastical Record. REVIEW AT DUELLV. In the early part of Monday, a report was current, especially In the public offices, that a grand review of the troops in garrison would take place at two o'clock in the Phoenix Park, in honour and in the presence of Mar. that Macdonald (the Duke of Tarentum), Sir Walter Scott, and others. Great numbers accordingly flocked to the fifteen acres. About two o'clock the different regiments stationed here, with the exception of that (the 75th) supplying the city guards fur the day, were on the ground. Shortly afterwards Sir Colquhoun Grant, accompanied by Major-General Sir Charles Doyle, and other military persona of distinction, entered the field. They were immediately joined by Sir Cohn Campbell, Adjutant-Ge neral Gardiner, and the Quartermaster-General, Sir George Douglas. Sir Colquhoun Grant having taken his station behind the Royal Standen', the troops passed before him in slow and quick time in the followingorder:— Third Dragoon Guards; a division of Flying Artillery ; the Third Foot Wards; the 42d Regiment (Ilighlsnders) I the 22d Regiment s a division of the Flying Artillery ' • the 16th Hussars. 1 be diff e r e nt R eg im en t s th en we nt th rough a variety of evo!utions (for which they had no previous preparation), iedependent of their usual discipline as parade duty ; as Sir Colquhoun Grant, we understand, communicates his orders only on the spot, as if he, and those under him, were,, en a field of battle. All those who accompanied Sir Culquhoun Grant, but tuo, wore the British uniform; one of those two must, it be the " Maresehal de France." One of the Gentlemen wore a green coat and white hat, but he ap- Kared too young foe the veteran Macdonald. The other was dressed in a plain military Nock, with a corresponding list and leathet. Ali agreed he was the man who had so' often gained reputation "at the cannon's mouth." While the OVil passed us quick time, the Highland pipes of the regiment struck up a Caledonian tune—he smiled. This was " confirmation streng," that it was no one else but the Duke of Tarentum ; and a few gentlemen, natives of North Britain, who were itt the crowd, swore it was a Macdonald ior "his heart naturally warmed to the Scotch music." The day was beautifully tine, and the Review, on the whole, was a very great treat to the spectators. The otSca mistaken for Marshal Macdonald was General Taylor TUE 1731BERSLADE HALL ESTATE. The largest sale of dilates that has taken place In London since ate great Ormond, properly was sold, took like: an Thursday at she Auction Mart, in the City of London. A very nu•rerc.ffis as. sea.blap was present when the bell rang at one o'clock, to announce , that the performsnees were al-out to begin. lir. George Robins (who it will be remembered sold Lord ° monde's rut property) had the direction of the large sales on T;ctsday. Owe attention was principally directed to "the Uniherslade' Hail Coate," with a view to ascertain if land was still improving. or if It had m length found its true standard. As the exordium of rir. Robins would nece.strily occupy a considerable portion of tam column, it may suffice merely to point ant the most import. eat feature, via., the present income, and the sum such rental pro. dated. It was stated that the receipts from the 1.613 acres of land, including park, was last year ; added to this even the tithe s of 1,1010 leers in the parish of Tanwonh, said to be worth 211 d. a year—this rental produced MOW. The purchaser (llr. !bard Bolton King) has to pay, of course, far all the timber, in 246 :i0n to his purchase. It was stated by Mr. Robins, and ap pereitly with sonic effect. that if the purchiser was desirous of tteasing the amount of him investment, that be believed Lord klyitiouth was not disinclined to sell his estate, of the precise same qt.snoty, a ljniring . "In this case," said the auctioneer, " who rould dot:bt that the fortunate purchaser of the wAule would be the &presentative of this respected county at the nest election." Tha other estates alluded to are IS follow : A villa, and GO acres of land, in the beautiful vale of Testy • . A Farm at Ashton. rear Glastonbury. of 170 acres . inter's Hall, In !lens, a ferme mac, with lld &UM CS 400 8.300 park-Ilkegronnds 14,000 1 A Rerersi‘aary Interest of 2.5001. a-year for the lives of ladies aged 39 and 40, after the death of a Isdy : 4 'nery acres of frsehold garden ground, near 3lortlake, 17,100 A:a n d S tlat erre l Y mbend . ode - 11all . Estata . 8013:ou04" A total of . . £136,220 te-anrry of the ITraberattale Hall property being all tenants at will, 11,e rental may be considered as the present annual value. Toe product it consequently 33 ye ars purclass: on thi land, er.l - -.tears purchase toe the tithes. 11'03f A' CIRCUIT. • ESSEX ASSIZES, CatLiessoata, JWLY 21. ; CIVIL SIDE. Before Mr. Baron ORAHAIR and Special Juries, NELSON AND ANOTHER v. ORIVEIN. This was an action for words of slander spoken by the de fendant of theplaintiffs, in their trade and business as coach pro prietors. imputing to them insolvency. Pies, the general Issue. Mr. GURNEY and Mr. ADoxisous conducted the plaintiffa' sae, and Mr. MAR RYAT an d M r. Com sex the defendant's. The plaintiffs i3lrs. Nelson, a widow, and her son> are exten sively engaged in the business of stage coach owners, and the de fendant is landlord of the Ipswich Arms Inn, at Ingatestone, in this county, and is also a coach proprietor. In the month of October last, Mr. Benson, • farmer of %Vest Hanningfield, arrived at I the defendant's house in his way to London, and inquiredeof the defendant how he could get to London. The defendant replied that he might as well go by his coach. Mr. Benson said, to, I have always used Mrs. Neison's roach, and I shall do so till I find reason to do.otherwise. The delendant then said, I woOtfer you like to go by those who don't pay twenty shillings in the round; the Nelsmos have f a il e d, an d paid only ten shillings in the pound. Mr. Benson expressed his disbelief of the fact, upon which the defendant repeated the asseition, adding, I know it m be true, fur I was told it by a commercial man of great respect ability, who uses is, house, and he was a sufferer by them, and re ceived only Ws. in the pound for his debt. It appeared, upon the cross-examination of Mr. Benson, that he had heard a report of the plantill insolvency, several months before the period in o question, at ilifLrent places, but he said he never believed what he had heard. The plaintiffs are largely concerned RS coach pro- prietmoo, having extensive connexions in this and ot h er counties, and had in then business at least 500 horses. Mrs. Nelson is pro. priory of the Bull Inn, In A Idirate, in which her son bra too in terest. It further appeared, that at the time wh en t h e wor d s were spoken the plaintiffs were starting new coaches, and ware in ap. perently good reedit and in prosperous circumstances. Pot the defence it was urged, that the defendant was not in-1 nuenced by malicious motives. and that no damage had been proved I or suggested as accruing to the plaintiffs front the words alleged; and that hail the defendant given up leis author at the time they ! were spoken, he would, in point of law , have had a complete answer to the action. It was obvious that the object of this action I was to advertise the plaintiff? concern as coach proprietors, and not to seek a compensation in damages for any supposed injury to their credo. No witnesses were called for the defendant. Mr. Baron ORA/lAN summed up the case, and told the Jury that the plaintiff were entitled to a verdict, the wools being clearly actionable; and although there was no proof of positive damage, yet he raid it was natural to suppose that a report of so serious a nature was calculated to affect the credit of persons in the plaintiff' business, and therefore the Jury would take the case into their consideration, and give such damages as the merits seemed to justity. The Jury found their verdict for the nisintiffs—Damages 301. CROWN SIDE. James Mallet was indicted for stealing, at Stamford Rivers, on on the 28th of March. a horse, the property of Edward Rayner. Mr. JESSOP conducted the prosecution. It appeared in evidence, that in the right of the 25th of March, the prosecutor, a farmer of ()near, had his stable and eart.lodge broken open, and robbed of a horse, a cart, and four sets of har ness. On the 27th, Hall, the active officer of Union-Hafl Police Office, apprehended the prisoner at some stables in the Borough of Southwark ; and on searching his person, found a key which opened the stable in which was the horse in question. The prisoner then directed the officer to another stable in die neighbourhood, In which were found three other stolen horses, and a regular set of house breaking implements. One of the witnesses examined for the pro secution, proved that he was coming to London early on the morn ing of the 2fith of March, and was overtaken by the prisoner and another man, riding in a cart. The prisoner offered to give him a lift, hot he declined. Ile swore positively to the prisoner's identity. The prisoner ii.erlared his innocence, but called no witnesses. The Jury, under the Learned Judge's directions, immediately fount! the prisoner Gritty. The LOlll3 Crime JUSTICE then proceeded to pass the awful sentence of death upon this, and two other prisoners named Walter Nunn and James 3lov, who had been convicted of a similar offence during the Assizes. His Lordship told the unhappy culprits that the crime of horse-stealing had now become so common in every part of the kingdom, that it became absolutely necessary, for the protection of such property, that the dreadful sentence of the law should take its course. That lenity which had Unload the Crown to spare the lives of persons convicted of this offence, when it was not so frequent, had, he feared, produced the enormous increase which was now so much to be deplored. The only mode of check ing it was to stop the fountain of mercy, and therefore he admo nished these wretched convicts to prepare themselves for their tran• sit into another world. In one of their cases he believed there were circumstances which would justify him in recommending the cul prit as an object of Royal mercy, but he earnestly entreated each to make the best use of the short time left hint en this side the grave, is fitting himself to appear in the presence of his Maker. In conclusion, he pronounced sentence in the usual form. The prisoners were all deeply affected, and were with difficulty removed from the dock. The business on the Crown side ended at one o'clock this day. NORFOLK CIRCUIT. BEDFORD ASSIZES, Biurona, JCLV 21. The Assizes for this County commenced here to.tlay, the liduin Cittwr BARON presiding in the Crown, and the Lotto Cruse JUSTICE of the King's Brach in the Civil Court. Five causes were set down fur trial, and the Calends& contains the heaviest list of ealreinals on the Circuit. Ilarkins was indicted for stealing one wether sheep, from a field in Eaton Bray, the property of Thomas Ashwell. The prisoner, on being arraigned. pleaded guilty. The CHIT/ BAllox asked him if he had considered the erect of his plea? Prisoner—Ves ; I'm guilty. The Cif JEW Bartow—lt's usual to advise persons in your situa tion m take their trial. If you suppose that this plea will in any way niitigme your sentence, you are oda:alien. The prisontr said—Then, not guilty. Ashwell said, I know the prisoner. I lost a sheep ; I missed it on the 17th of June ; I found it in Mr. Hall's park on the 27th ; 1 knew it fmm a mark. _ _ ..._.... The prisoner declined asking this witness any question. Francis lounge said—l'm Mr. Ashwell's shepherd; I didn't see the sheep till I was enlightened by another man. I knew the fea tures of the sheep as well as I knew my master's. (A laugh.) It was n:y master's Wm. Dyles bought the sheep alluded to by the preceding wit nesses. from the prisoner. Ile paid 201. for the sheep, which was a fair price. Prisoner—lie did not; we exchanged for clothes. The Cicero' Bartow—That's not material ; but I'll ask the wit ness if you like. His LoNDSIIIP put the question. Witness replied—lie bought a ehirt from me for half-a.crowns and returned it again on his pleading inability to pay for it. A witness proved that he had taken in the sheep to graze for last 'lmes", and it was claimed while in his field by Mr. Ashwell. The prisoner, in his defence, said, " I done it fur want." The Learned JUDGE summed up the case and left it to the Jury, desiring them, if they doubted the evidence, or the guilt of the prisoner, to give him the benefit of that doubt. The Jury returned a ,edict of Guilty. Sentence was not pro. Henry Willer:, to a similar charge, pleaded guilty. The Learned JUDGE advised him to consider well his plea, but e persisted in desiring that it might be recorded. Judgment of death was recorded against the prisoner. Rath Price, Wm. Freeman, Henry Bean, Elizabeth North, and Amy Bradshaw, stood indicted with having, on Monday night, the 'Mot May, at Dunstable, feloniously stolen from the person of Joseph Waller a 101. Bank of England note, a 51. note, two 11. notes, and three sovereigns. Mr. Hawat NS conducted the prosecution. Joseph Waller lives at Sundon Mill. On Monday, the 23d May he was in the yard of the Anchor public.-house that night. Ruth Price came up to me, said the witness, and asked for a shil ling. 1 refused, and she put her hand in my breeches pocket, and drew rut my purse, in which there was 201.; one ten-pound note which I had from Mr. John Bullock of that money ; • live-pound note and two one-pound notes of Layton Bank, and seven shillings and sixpence. When she drew out the purse she threw it on the ground, and caught hold of me. 1 attempted to catch hold of her, and then Freeman came up and struck me over the head with a nobb'd stick, and he swore if I did not stand still he'd break my head. Amy Bradshaw and the oilier woman, whose name I don't recollect, held me back. (Witness here corrected himself.) Free man may collared him. It was Henry Bean who struck him. I went that night, accompanied by Joseph Gamer, to Hemel Hampstead. 1S e stopped there till seven in the morning. In con sequence of information received we got a warrant, and went to ' Layton fair ; and, just as we got out of Hemel Hempstead, we met these five prisoners in a dung-cart, coming towards Herne' Hempstead. They jumped from the cart when they saw us. Ruth Price I caught hold of, and gave her up to the constable, and acarched her. We found ore sovereign, two shillings, and two sixpences. The constable took up a red pocket-book, and it can. taioed • ten-pound note, which I described as mine before I saw it, as having the name of Broomfield on the back. We left her in the custody of a constable, and about two hours after we found the other/ in a wood, where we apprehended them. Cross-examined by ftlr. RAYMOND-1 went to the Nag's Head at ten o'clock in the day, and stopped an hour and a half, and dur ing the tame I had some dealing. I left it tintd:y about half-past nine at night. I had enough to do me good and no more. 1 never touched 110th Price before she laid hold of me. Joseph lamer was in Hunstable on the evening Mr. Waller was robbed. He saw the prisoners on that evening all together. Thos. Broadway, the constable. produced the pocket-book con. tattling the note referred to by Waller, the prosecutor, and eorro- 1 1 borate , ' him as to the prosecutor's describing the 101. note. Waller was again called, anti identified the note as his property. Ruth Price, in her defence, said, that Jostel.h Waller had dragged her up the yard, and took liberties with her, and the other girls Came up and asked him what he meant, and he said it was no bulimia of their's, and then the two men came up and he went away. The ether prisoners made no defence. The Cater BARON left the case upon this evidence to the Jury, who found the prisoners Guilty, but not of vivitiere. Ilia Imarlitile said, that ‘t was quite impossible for him not to be satisfied with the verdict just preueucced. The prisoners were lufaJi •• I well known from tlie various depredations tomultted by Ikea in 1 the neighbourhood af Duunteble,.and the exemplary punishment which he was gbotaseign to their guilt wou ld, h e tra d e no doutat;teach the d eed that their offences could nut pan un. ' , ecl, when it wail brought haute to them through the vortlict v. The r -ROOM ot . the Court IVAN the they should scree pleee heyond the seas as his Alsjeaty Privy Council, appoint, fur the na- to se, *eight, with the advice of Wei term of their lives. • Molnar Tatlor stood indicted for stealing, on the I lth of May last, a sheep, the property of Susan Parry. Mr. ll•wattes was Counsel for the prosecution. The teamed Gentleman stated, that the facts of the ease were contained in a very narrow compass, and that in detailing these facts to the Jury, he should abstain from remarking upon the frequency of the offence, or the necessity of visiting its commission with exempliay punish. ment. On the right of the 10th of :Slay a person, who had been employed for a different purpose; namely, to watch the preserves of Mr. Whitbread, had observed the prisoner and another person attempting to raise a sheep over a gate. The witness, who would appear before the Jury, concealed hin.self until he found these men ia such a situation that he could 'secure them, and then he seised the prisoner, whom he could, beyond all question, identify ; but if any doubt on this point cxisttd, he had possessed himself of the prisoner's hat; so it would be proved bye second witness; and the circumstances were sufficiently strong to convict the prisoner; but there was this additional evidence of his guilt, that he was disco- vested three days afterwards in the house of another at twelve o'clock in the day, with his clothes on, and he in bed, when be had been in vain searched for during the two preceding days at his habitual ) residence. Wm. Smith was then called, and he said—l live at Elston. On the night inen!)oned in the indictment I was watching Mr. Whit i bread's preserves. About twelve o'clock I was on the top of Tinker's-hill ;it was &darkish night. There were two men engaged ID lifting a sheep over a gate, and in order to discover who they were I concealed myself. I said, " halloo, say friends, you are steal. lag a cheep." I had known them before. Thomas Tailor, I ant sure, was one of them. They struggled, and I caught a hat from Tailor before he ran array. There is a mark, " Sheerness," in it. I I bad heard Tailor say he lied been for some time in Sheerness. 1 found him in lied, hut his clothes were not on him, two days after; ;he said he had been in bed twelve hours, but the lady of the house &aid he had not been in best more than two hours. The Counsel for the prisoner ceps'-examined this witness as to his knowledge of the prisoner. The witness declared that he bad no hesitation in Identifying Tailor. The Counsel asked the wi tn es s if t ie night was autciently light to discern his features?—lt was a lightish night in that respect. If it was light enoegh to recognise his features by its brightness, I what was the necessity for taking the hat thought I ought to take it in propriety. Were you quite sure that Tailor was one of the two men ? Oh. yes. Then being quite sure that Tailor was one of the two men, am I to understand that you secured the hat merely because it was a pe culiarly constructed hat ; or, as you have said, " on amnia of its propriety ?"—l'll swear that's the IMP. And that is an answer to my question ?—I know him, and! wish to say nothing but the truth. It was a very dark night ?—lt was darkish. Have you never said it was very dark ?—l'll swear that Tailor was the man. TPC;;OUTlOderstand my question ?—Have you ever Paid it was a very dark night ?—lt was not so da r k b u t I could see Tailor. Then seeing Tailor, as you fancied, what necessity was there for possessing yourself of his hat P—l took it because 1 thought it proper. lie was in bed when you went to the house where he was resid ing P—Yes. His clothes were on P—Oh, no, they were not. Ale. HAY/stmt.—That's a mistake.—They were not on. The Counsel for the prisoner. —Was not Tailor lying ill at that time of ague ?—Yes, he said so--but the woman said-- Counsel for the prisoner —I am not asking you as to what every old woman said, but a s t o a fact. Was be ill P—l believe so. Several other witnesses were called, who proved the formal alle gations as to the property ; and one witness was produced who had seen the prisoner near the place where the rubbery was commit. ted, but Mr. MAC Dow ELL declined cross-examining any of them. The Jury, after some deliberation, found the prisoner Guilty, and sentence of death was recorded against him. Thomas Bygrave stood indicted for that Ire, on the 28th of April last, at Broome, violently assaulted William Piggott on the King's highway, and from his person took one silver watch, va l ue 2W.; and Jumr• itoton was included in the same indictment as having received the watch, knowing it to have been stolen. Mr. II ocDowELL was counsel for Bygrave, and Mr. KELLY for Stoton. Piggott the prosecutor said—l wu walking neat a place called Broome, and two men came from under a hedge, and asked me the way towards Biggleswick. The Cuts, BARON.--DO you see these men in Court ! The witness, an exceedingly old man, looked rouud the Court, but made no answer. The officer, whose duty It is to swear the witnesses, said to the' prosecutor—Look that way (pointing to the dock) Witness--I know that man in the red waistcoat well—that's Stoton. The witness then proceeded to detail the following facts: Bygrave said to me—you've a nice gun, and he laid his hand on my shoulder. Then the other man caught hold of the gun, looking at it, and Bygrave made a snap at my watch, and broke the chain, land I said—You sha'nt have it ; and after that I wlie pulled down. and one of them kept me on my back, and tit,' Mood dewed from my mouth. The CmtEr BARON—How was the.: man dressed ?—lie had a hairy up on. Do you see him now Mr. MacDowxt.s.—My Lod, the witness hat already sur. veyed the Court with tile closest attention, and he has not—he cannot—identify the person who robbed him, for this obvious reason, if he is to be credited, that the thief is not here. The it lEl' BARON—He has not said that Bygrave Is not here. Mr. Iliac DOWELL—Bygrave may be here; hut if the prose cutor's testimony is to be believed, the Bygrave who robbed him is not here. The Culler BARON—He may not see him, and yet, he may be hcre. !llacnowr. Lt.—lle has recognised the man who stands not a very gnat distance front Bygrave. He has given his name to your Lordship, and it is now on your notes. Is It to be supposed, that his vision is clear and perfect until it reaches a particular point, and that then, it suddenly becomes confused and undiscerning ? The CIII kr BA nox—You are counsel for Bygrave, and you had better cross.examine this witness ? Mr. MacnoivELL—Wi;hyOtir Lordship's permission, I should rather not cross-examine this witness; seeing that he has said nothing to affect the person for whom Irm counsel, and who stands now before your Lordship upon his deliverance ? The CHIEF BARON—IIe has said Bygrave was there. ,lr. Dow ELL—Perhaps your Lordship would allow me to have him called back again for cross-examination, if I should con ceive it to be necessary. The tut Er Bs! o —That's an inconvenient course; but if you think it necessary, I shall give you the opportunity. Mr. 31 acDo w ELL expressed his readiness to relieve his Lordship from that inconvenience by cross-examining the prosecutor at that perod of the trial. The prosecutor, who wu rather deaf, then came forward to the table. Mr. MacDowz Lt.—These men used you my ill?—lndeed they did. Sir. And though you have not found them to day, because they are not here, they may be discovered yet. You look'd round the Court for them, and they are not here ? The witness turned his head towards the dock. Mr. Al acDowe LL—I don't wish you to trouble yourself farther on this subject ; attend to me. You don't see Bygrate ? No, Sir. _ _ Then go out of Court, and remain outside until you us called. The witness left the Court. John I)illy stated, that on the day mentioned in the indictment, he saw two young men going down the marsh, near to which the robbery was committed. W. Bygrave was one of them. Mr. lilacDowELL—Will you venture to swear, positively, that W. Bygrave was one of them ?—Yes...-1 am sure of it. Mr. illacDow ELL—Thomas Bygrave is charged in this indict. ment, as the person who committed the robbery: There may be a William Bygrave, a relation of this man's, and as he is not idea. tilled, your Lordship will not permit this ease to go the Jury ? Mr. KELLY—AIy Lord, as counsel for the prisoner Stoton, charged as a receiver, I submit that, as there Is no evidence to affect the principal, Stoton cannot be convicted on this indictment. Mr. 111 Ac Dow EL L—Not only is there no evidence to affect the principal ; but if the evidence for the prosecution be entitled to credit, he stand, clear of all suspicion. The prosecutor looks round the Coutt—he knows the man standing beside the prisoner By. grave, but By rate he knows not. A presumption is thus created, that the man who robbed hint, is not at the bar, and that presump. tion becomes proof, when it is supported by t .e testimony of another witness, who saw two men on the day of the robbery, near the scene where it took place—one of whom, u he sweins, and the question was put to him more than once, was not the prisoner at the bar, whose name is Thomas, but another man, named William Bygrave. The Cuttr Banow.—Do you contend that there are two of them ? Hr. blacnowtm..-1 contend. respectfully to your Lordship, but with confidence as far as I recollect the evidence. that there is not a shadow of proof that the man mentioned in the indictment is on bis trial to-day. His Loan:mil. then desired that the witness Hilly should be recalled. He had left the Court on the suggestion of the prisoner's Counsel, but he soon appeared. The Cuter B*aow.—Did you say that en the evening nen tioned in the course of this trial, you saw William Bygrave and another person near the place where the robbery was committed P.-. I'm positive sure of it. :he CIIIIF BARON.—An there two persons of the tame of Bygrave ?—Oh, yes ; there's his brother Thomas. The CHIEF BARON (to the Jury).—Then, Gentlemen ' In this er-se, I think there's not evidenc e to convict the prisoner, Thomas Bygrare, and without his conviction the other man, charged as the receiver, I mean Staten, cannot be convicted. You will therefore say that the prisoners are not guilty. The Jury pronounced a verdict of .Vut Guilty. The CHIEF BAROX cautioned the prisoners as to their future conduct. That conduct would be observed, and too mush anxiety for the preservation of character they could not manifest. CIVIL SIDE. 110WYER V. P•LYZIII.. In this ease Thome Bowyer, a farmer residing at Diggleswade, was the plamtir, anti the defendant was Fyshe Palmer, Esq. M.P. It was a question as to warrautrig, aud this action was brought to recover the sum of 1101. paid as the purchase money of a house, and the expense of his keep, amounting in the whole to 1311. Mr. Dove& opened the pleadings. The defendant pleaded the general issue. tile. STORKS stated the plaintiff's case, and it appeared from the evidence, that the horse, a long.tailed bay gelding, was sold at the fair of paten by the defendant Mr. ryshe Palmer, to the plaintiff', with a warranty of his perfect soundness. The fair took place on the last day of January, and two days afterwards it was discovered by the groom of the plaintiff, on hie Sttempting to put the horse into a gallop, that he was lame. The lameness he found to be in the fetlock joint of the off' leg. There was other evidence corroboratory of the groom's statement. It was proved by Mr. Sewell, a veterinary surgeon, that the lameness was not the effect of recent inflammation, but the result of disease, and in this opinion another gentleman In the same proles* Sion, who was also examined, fully coincided. The horse, according to the testimony of these witnesses, was decidedly unsound. On the part of the deleure several witnesses were called by Mr. Rontasog, to prove that the horse was decidedly sound at the time of the sale and for some time afterwards. The Marquis of Tavistock was one of the defendant's witnesses, he said he did not like the action of the horse; but in his judgment he c o uld not be j said to be unsound. I tort t) murder, then with an intent lan intent to do a grievous bodily eitl.d that, in order to . make the o ff Injury to be inflicted (he epee death Dent, tool Dot merely tempered,. ' opinion of the Twelve Judges le..- noneideretion under a charge very (Jury having in that case found that was only with • view to obstruct and not to do the prosecutor a permanent the case did not fall within the act, I Pow, in tha present ease It appealed a common penknife With which he vital parts, but In his hand and arm, been only to make the prosecutor ' then the prisoner must be acquitted indictment. There was, however, the prisoner with having cut and'____ _ intent to prevent:llia lawful apprehensiok .on a late Act of Parliament, which w heious trespass, a right to apprehend tyrant, and to take them before • lif them in a penalty, not exceeding . evidence, that the prosecutor was Justified, bending the prisoner, as it IltliS clearly -' been committed. Can this count, s' went, the prisoner be thought ; - t question would arise, whether this good, inasmuch ao that the offence ft hended the prisoner was not set forth. _ __ was t the Jury to consid er , they had only to dedde - on - ige facts, the point of law would be decided elsewhere. i The Jury acquitted the prisoner on the three Grit Moil* sod found him guilty on the 4 t h.' .. • The twinned JUDGE—It strikes me at present time the last count is bad is point of law, rod not setting out what the ofllmae was for which the prisoner Was arrested.. I' • 1 C . wage ConteteU. aged 53, Wall capitally indicted with felonloody 4 ',wilfully, maliciously, and unlawfully stabbing and muting George Mears, the eldor, of King's Chile, in the co unty o f Notthamptotli licensed hawker, in the perish of St. Swithut, In the tray of Lincoln. This prisoner ohhllned - an Habeas Como*, in ordt to !tomes him from the city to the county of Lincoln, upon an affidavit, that as the silence was committed in the city, he should not be able to Obtain a felt and unprejudiced trial. 'l'lle indictment contsioed three counts. l'he first count charged the prisonef with haeleg 'committed the offence with a n inte nt to mnr d ert i n the second count he was charged with doing the act with intent to disable tho Said George Steers ; and on the third count, he was charged teiils 'committing the offence with an intent to do him male grievous bodily l:artn. • There was a second indictment againet the nelsons., (ot having, on ilie same day, violently assaulted the said Gorge Mears, by stabbing him in the back, with intent to murder hint. • The prisoner was a respectable-iooking man. aod ag . hast bodily strength, being upwards of six feet in height, and remarkably stout anti muscular. • - George Shears examined by Ilt. iliatlrit...-3 am a i rCetts6d hawker. I know the. prisoner ;beis • lic e n se d hawker au I n• and I were at tide city )ho the 15th of April. width was Iskfore the fair. I had a booth in a place called Tindall'a PaddOei 1 it loin Betchery-lane, but I do not know that iris within the idly. Al r. READER—We shall prose that presently., -. The COURT rtand that by an Act of Puliathent k Jhrisdiction had been given to them, notwithatanding the offence was committed withiu the city. - . . , IVitness—The prisoner had a booth there also. He hod two, one of which joined mine, and the other was about thirty feet distant front it.. On the 15111 of April, about ten o'clock in the evening, I was coming to :sty booth in the paddock, I met one of Dry sons at the gateway, he gave' me some information respecting the con. duct of the prisoner. A few munites after I saw him come out at the end of one of his booths ; I stepped up to him, tied asked him why he should insult my people in the way be had been doing that night ; lat the same time took hold of him by the collar. lie called out, " Ileigh ! halloo I what now ?" He was trying to get away from me, wh en h e s lip pe d an d came with ids buds upon the ground. I loosened him; he then got upend walk e d into his booth; as he went in be said, " bl—t you, I will be reedy for you." I said. " very well, George, let's have it." I then took elf my coat and hat, he was then within the booth. In the course of one or two minutes he came out again, and said " come on, I am now pre pared for you." I expected he meaneto fight ; he stood in a po. I!Won for fighting t his hantls were placed as &guard, and I went up to him, and struck him ; he closed on me, and stabbed me as. feral times; he n ever a t tempte d to str ik e me w i t h hi s 1 1 st. I could LINCOLNSHIRE ASSIZES, Ltsteour, JULY 20 . not perceive what i t was h e was sta bbi ng me w i t h . R e sta b bed me three or four times b e f o r e I sus p ecte d i t; w h en I f ound he was CROWN SIDE. doing so I mad e a n at t em p t to get hold of the instrument, but Before Mr. Justice HOLROY D . missed it. and received a hurt in my t h um b. I then caned out John Royte, alias Roite, aged 30, was capitally indicted for fe. "Canterell is stab Ling me." S o m e persons immediately came and geo loniously asuulting John Bellamy on th e Ki ng ' s hi g h way , i n t h e assisted me into my booth. M r . B ous ti e ld, a sur n, was sentfor, who ordered Die to be taken away and put to bed. I walked to the Old Crown, in Butchery-lane. Mr. Bonsfield looked at ma parish of North Hykeham, putting him in fear, and taking from while I wu in the booth, and he said I woe root, dangerous], hit person three country bank notes of the value of. 11. each, seven half.crowns, and some shillinp, to the amount of 41. and upwards, hurt titan might be expected. I was hurt In the chest, 10 the pa his property. of the stomach, and i n my t i g h t a id e . I had three wounds. J. Bellamy examined—On th e 28th J une l ast I was at t h e troll that night he was coming out of his own booth. I 'hart not Croats examined by Mr. Batour When 1 Ant saw Can. Plough public-house at Bracebridge. The prisoner was there, who been waiting for him, our meeting was accidental. I wit coming proposed a wager to me, and I accepted it, and produced three one down the lane back to my own booth. It was in the direct lino pound notes. The prisoner saw them, but did not show any money from the Bull's Heatlyublic.house to my owe Wolk. I slid not himself. He then left the house. I put my money into my poFket,_and went away about nine e'eloek in the evening. The . maze any turn out of my way for the purpose of getting to Can-- prow when he went out took a large stick with him. He was terelPs booth. I believe I spoke to him first, and heetras foe pass dueled la an old blue short smock-frock. A person named Hod- hog me without taking any notice of me, and I then laid bold of his collar. I believe he would have gone on if I had not prevented son went some war with Inc, towards Ilykeham. I proceeded on the latter part of the road home by myself. The prisoner met me him by thus laying hold of him by the collar. A stunk then el m the way, and asked me if I was scared; I turned round.to look sued, he struggled to get away, and I struggled to keep him., The at him, and as soon as I got sight of him he struck me a severe struggle might have lasted a n.inute, it continued till Canterea blow with some weapon across the jaw -bone. I staggered a little, fell, during the whole of which time I held him fart by the collar and then fell on the ground. When I was down lie swore some No words passed between us during the struggle. I can take upon oaths and rifled my pockets of all the money I had about me. This myself positively to say, that no angry words passed at the tiling.. was before ten at night. I tried to get up twice but could nor, I I loosened him immediately. This took place close by his Own was so much stunned by the blow. I had swooned in consequence booth. Mr. blether came up to and said, "31r. Mews, 4on'e of the blow, but was sufficiently recovered to know he was taking be in a patia,,,, I don't know what made Mr. Menhir interfere. my money out of my pocket, I was not in liquor at that time any I deny that I used any such words as " Bi—t you, I will murder more than lam at this moment. ' The prisoner asked the witness whether he wa s n o t d run k, and I I mean to swear th at n o suc h wor d s were ever use d b y ma . did not fall down in consequence? us ed on. a threat, but not th e wor d mur d er . I said " A nasty great coward, a great pulk, I w ill ti e up one h an d an d li g h t hi m. " Witness-1 was quite sober. It was a li g ht n i g ht. I said this to Mr. Melliar after the tut struggle, and while the William Hodson was examined, who s tat e d th a t th e l as t witness prisoner was in the booth, but I have no doubt it was to his Inot was not at all intoxicated when he left his company on the night in ing. I was angry enough at the moment, I dare say. All this question. took place within a very short time after Commit remained in the Bellamy was recalled, and examined by the COURT. I spent booth. Directly he came out he said, "I am prepared for you," but 10itl. in ale, and was in the house three years. I had three and I immediately went and struck at him, and I hare no doubt 1 pints and a pot of ale. I gave Hodson a pint and a pot. (A pot hit him, but Ido not know whether I did or not ; and the prisoner mains a half pint.) Edward Homan) examined. I was returning from Lincoln to immediately closed upon me. Inykeham on the evening of the 25th of June last. The prisoner me that I went up tßy slr. READER.o—It was In consequence a what my s o n t o ld Cantrell.„overtook me about nine o'clock. He was going towards Hykehani. George 31ears, the younger. examined. I know the prisons:. 1 saw two men about 300 yards before me. The prisoner asked me I saw hun on the 15th of April. He said something to my me where they came from. I told him. He afterwards asked me the thee and sisters, which I told to my father about ten minutee after. way to flykeham, to which place I directed him. I am sure the wards. I raw the struggle between my father and the prisoner, prisoner is the man. He was dressed in a blue smock frock, and which was about 29 minutes after the insulting language was used had a heavy stick in his hand. the prisoner to my mother. His language was extremely The stick was then produced, and he, the witness, thought it s uit ing and abusive to her. When my father went up to the gyi was such a stick as the prisoner had. soner he asked hint what it was he meant by insulting his wife &d Robert s tir as am a labourer, living at Ilykeham. family in the way he had done, and my father at the same time I saw the prisoner on the road from Lincoln towards the lane took hold of the primacy's collar. Canterell began to swear and leading to Hykeham. He continued to look behind him down the called ter a light. After the struggle Cameron went Into hit booth. road leading to Bracebridge. He had a large stick in his hand. I and came out again with an iron candlestick in his hand about a took particular notice of it. He appeared to avoid me. After ot and a half long, with a sharp point, used at fairs by sticking walking • little way, he made an excuse for leaving me, and them into the counters ; at the same time he exelaiened, " Come Jumped over 'a gate, and I saw no more of him. The robbery oa, I •am now prepared for you!" I saw him and my father close, was committed about 280 yards from the ga te. Charles Needham, a corticoid in the Lincoln militia, examined.— and the prisoner kept striking at him with the c a n dl est i c k. M y The prisoner was discharged from the regiment on the 22d June , father was brought back too the booth.. at which time he had only 94d. to receive. Ile owed me 101. for The Learned Juvoa asked. whether this would not be man washing, and said he could not pay me, but would leave a shirt slaughter if the man had died ? In pledge. On the following Saturday, the prisoner produced two I. wo uld. slr. READER said, according to his present opinion be thought Lincoln notes, and one Newark note, of 11. each, and six half " crow By the COURT—Then, by the Act of Parliament, he must be crowns. Ifs asked rue to read the notes for him. He thought one ac uitted. of them was a Si. note. When 1 told him there wasp° such note, 11r. READlE—Certainly ; I think so, my Lord. le observed that he must have left it at Newark. He gave the The Jury were then directed to fi nd • verdict of ,dequi,tail stlck which he had in his hand to me, and which was in my posses- Dir. READIER declined offering any evidence on the second M elon about ten minutes. prosecutor had been given in a most respectable manner, and in as Thomas Pickering examined—The croneprisone me to the George diettne u t ' at the mme time timmala ff. that tb. inelmon y of the and Dragon on the 26th June, and changed . pound note, and fai r a way as ever he had heard in his life. also o ff ered another for that purpose, Ile had • stick in his hand, Rano which he left in the house. 1 gave it to IVhite the constable. Mr. pest. ter—Certainly he has ; there can be no fault found in Sir. Whits the constable was sworn—At the time 1 apprehended that res the prisoner, he said the charge which Bellamy had made against The prisoner was then discharged. him was false. 1 had not then told him on what account he rat William Briggs was capitally indicted foe stealing, on the 13th arrested. I showed him this stick, (the witness here produced a of June last, a gelding, the Property of John Armstrong Jackson, very large bludgeon,) but the prisoner denied ever having seen it. of Newark.upon•Trent, in the county of Nottingham, wharfinger, • The Learned Judge summed up the evidence, aid the Jury ins. John Key, servant of the prosecutor, deposed, that on the 13th of mediately returned a verdict of Guilty. June last, one of his master's horses was stolen out of a close, about Sentence of death was passed upon the prisoner, and the Learned half a mile from Gainsborough. He had ME the bone about ball Judge told him to prepare for thd worst, as no mercy could be an hour ago in this city, in the custody of the constable. shown him on this side the grave. Sir Jackson examined—ln consequence of my horse being stolen. Janice Hayes, aged 21, WAS charged with cutting and maiming I went to Mr. Gee's, at Applewick, where I found it. I afterwards Stockdak, of Al'aiefieet, on the 2d May lest. The pin- went and apprehended the prisoner. In consequence of inhumation was indicted under hoed Ellenborough's Act, with that had been, given me. George Duny was with me, and said to setting and maiming, first, with an intent to murder; secondly, the prisoner Briggs, I am come to you about the horse I bought with an intent to disable; and th:rdly, with an intent to do a of yo u , at Thorne fair. Biggs said, What's the matter? Dusty , grievous bodily harm. There was also a fourth count, charging the replied, it is a stolen horse. Briggs said, the D--1 lash ! and 1;e prisoner, under the malicious trespass Act, with cutting and maim- then cursed Duny, and asked him, what art thee Righted at, neither trig with intent to prevent his lawful arrest. thee nor I stole hint p I then asked the prisoner where he got the George Stockdak examined.—On the 2nd May last the front hors*, and be said lie bought it at Thome fair, on the Idth of June, door of my house was broken open about 12 o'clock at night, just of a catch man, who said he had swopped him that morning, at 'as I was going to bed. The prisoner end a man named Burton Littleborough ferry. Jonathan Appleby was present when lie ran from the door as it burst open. I followed them. The pri- bought him. 11 hen the prisoner was taken to Newark, for ex saner hit me; but I secured him, and he was afterwards rescued by smination, lie then said he had bought the horse of a person of the the other man. They both followed me to my house and buret name of Fletcher. the door open a second time. I pursued the prisoner and again Coss.examined—l have traced this earthman, "lechers to York seized him. I got him on the ground and held hits' by the collar, Castle ; fee I gave very little credit to what the prisoner told one, but did not strike him. I p e r ce i ve d a k n if e i n hi s hand, and saw having before said that he did not know the potato's Dania o f whom him open it with his mouth. The prisoner had only one hand at be had bought the horse. liberty. He then cut tne twice, in the hand and arm. The mars George Dun examined—l was at Thome fate, on the letit Juwe are stall remaining, one on th e t h um b j o i nt an d t h e ot h er on the last. I saw th e prisoner there, and bought a horse of hito • It i t! wrist. A man minted Petchey then came up and assisted me in the same that has been mooed by the prusecutor. securing the prison er . the George Petchey said that he secured the prisoner as stated by t h e M a tt hewWhite, constable, deposed [ o his apprehending- bought the home, and paid foe it in good prosecutor. p r i soner , w h o said id he This was the ease for the prosecution. Ms said it was from a man named Jobe cu The prisoner being called on for hi s defence, said that the prom- ,ought it, hut witaraa said, a roused Dee was pre letcher, and subsequently he •perso tutor had thrown him down a n d t ro d upon hi s neck, and forced - F the time. his knees on his stomach, in such a manner as almost to prevent sot at keeper of the city poi, ezernined—The psi. Lincoln notes. He first stated that he did not know o f who m h e him from breathin g . Thomas Drury, 'Rao Learned JUDOI then addressed the Jury, observing that Bo ner , hint oo if in eau he could bring the man he bad bought the when in my custody, asked as If they could hurt him 1 1 1 the pristine, had been indicted upon an Act of Parliament p , to l d in the 43d ear of George 111, commonly called Lord Elle asaad nbo-; s ho a rs• .. o _,f. _ ,I,ar,ker),_ h _t n i gin it w i l t: tbityt of m il y en ee ho th was •llm a •L i. and he rough's act. The indtctrnent contained three counts: the on e n I a ght ni th oi hor : e rira h 7 we he looked like a Doman Want, Charging the prisoner Wifh cutting and maiming, tint with an i • Mr. Barber, of BrOonte, Mr. Payne, and other ge'ntlemen gave similar testimony. A group of groonis was exhibited for the defence, all or whom denied the horse's unsoundness, although according to their judg. ment his action had always been lame and clumsy, and for that reason many gentlemen who admired the appearance of the horse, which was exceedingly imposing; declined purchasing him, as, how:. ever well he might suit in harness, he never could make a hunter. It was admitted, at one part of %he defence, that the gelding had at onetime a tenderness in his leg; hut% according to the evidence of the groom of the defendant, that was ponfined to the near fore. leg. This affection of the leg he had ditcovered in April, 1824, and he then had th e s h oe widened, which removed the tenderness. It was proved, that at the time of the sale and afterwards the plaintiff had rode the horse, and expressed his perfect satisfaction with his condition. The horse, the defendant's witnesses declared, had never been sent to Tattersall's, although it had bet n exposed for sale at the Horse Bazaar, and no purchaser was found for it. One of the witnesses, who gave evidence to.day on the part of the plaintiff; was said to have spoken highly of the horse's qualifica tions, afier he had exercised it In the usual way. It was attempted also to show that the horse might have been lamed subsequently to the !ale, and while in the plaintiff's possession, by picking up a rolling stone, or p',liiidhg through streets which were iu a state of macadamization. There was another topic of defence to be sure, not quite consistent with the lameness ascribed to the horse while in the plaintiff's possession--namely, that so late as last Friday it had been seen by several ivitnesses, and that at that time it was not lame. • The plaintiff's Counsel galled for a lette‘r whith they had given the other side notice to produce. This letter was then put in anti read It, Mr. ABBOTT. i t was dated the 14th of February, and written by the plaintiff, addressed to the defendant. It stated that the horse was ascertained by a • veterinary surgeon to be unsound ; that this surgeon had examined • him for the gentleman who had commissioned the plaintiff to pur chase the horse for his use, and that he hid therefore returned him to the plaintiff. He, under these eircumstancea, called on the de fendant to take back his horse, and return the Fri:hese money with the expenses of his keep. The Loan CHIEF JUSTICE observed. in summing up the evidence; that notwithstanding the number of the defendant's witneriesi, and the unquestionable respectability of many of them, no veterinary ibrgeon had been called before them to attest the soundness of the horse. The animal might have been unsound without the defendant's knowledge, but in this action his ignorance of the horse's condition could nut remove or diminish his liability. The evidence ah to the l a m eness o f t h e h orse at different periods since the sale was conflicting; but the case of the plaintiff had the advantage of being Supported by the opinion of scientific men. His Lordship Concluded by telling the Jury, that in a case of con. fleeting testimony, is was peculiarly within their province to weigh and ascertain the nature and quality of the evidence, and to decide upon its relative value. They would In the present in/lance con sider upon all that evidence which they had heard, whether in their opinion the horse was unsound at the time of the sale, and if so, to what damages they thought the plaintiff entitled. On the other hand, if at the period of the sale they thought they could believe that the horse was sound, then their verdict would pass for the defendant. The Jury returned • verdict for the plaintiff to the full amount of the damages laid in the declaration. MIDLAND CIRCUIT. ent to disable : and thitalt. with ily injury. Now, it had boa as. offender liable under this 6st,, the ith did nut ensue) mast be poise* . • This had been the nseaimuus •s. a case which Au "dense to heir . rely &Alai to the Vona Mut that the act dass as A i di s k :i piinner and resist his and went injury,. the udell Ms act, and theerisoner wee ted. • sled that the prisoneshoettlisett he cut the prosecatet t let_ Shy arm, so that his *ire Wilt have or leave his hold. , .If this wt's ee ted on the three flin etttg;il l l4l l see, a fourth Count , d maimed the erosion*, rebension This eosin was • which gave persons, to ease of Ma. !bend the offenders *Ada irele. a Magistrate, who might elavlas ling Si. how It appears, by the justified, in this ease, ht app,- clearly show, that a apt =h e t it, therefore, u s die must. be found gad* Bet a this count in the indinallet end nee for which the pteenentar wpm. forth. That, however, wits set foe • I; ~1 .: 1 1 i I , . • 1 t Y f • i . . • i ,i I 1 i . i i 0 1 ' I i 1 ( 1 i I ' . ' 4 S , 1 , 1 4 't II 4 -,i • ,