The British Press; or, Morning Literary Advertiser. — London, England, 1825-07-22 00:00:00

ZJINIO.VABLIS ixrILQCINCA A 1.51 A UK'S. . • The lets aat fee the season took *at likWldermilo t i m e elegant Ronnie, which was disi by allely al% Paid rOll. Among whom were— ?MVO and PfinCel44 Raeouinedfsky. males—Brunswick and Wellington. iheAteree—Legdy and Wellington. Mar t trires—Llownshire. Sali s bury, and De Soeneney. Eerla—Clonmell and Westmoreland. retwas—D: Lannoy. Dc Besnfoire, and Villa Real. Cometrace—Sefton, Beauchamp, Cowper, St. Antonio, Clon., eaell, Warwick. Poulett, Leitrim. Lorels—Tesupletown, Palmerston, Dunlo, Falmouth, Burg., link, Pelham, - Lowther, G. Dill. Ladits—Trollope. three Alolyneux, 111. and C. Berkeley, IL Fenny, Acton, E. Markham. C. I)%borne, li. Scr it. Palk. Emma flidgeweba,Cerpley,L. and C.Dretille,Paulett,Clements, R.Stewart, Julia Pere, Blackwood, A. Vane, Johnstone, Kensington, Cod. demo % De Roos, D. lane, L. Shelley, L. Law, liamaden. lira -C. Oreville, J. Slulley. lion. Mr.. Telteineehe. Aftears--Upten, Petre, two Edwards, Poosonby, two Wellesley, The Dowager 31archionesa of Salishavy•s assembly, on W ed . insday evening. In Arlington-street, was very elegantly attended. 'The Dutte of fltafton entertained a distinguished party to dinner resterday, at his horse in Clatges.strect, Piccadilly. Mr. and Lady Barbara Ponsorty entertained the Earl and Countess of Bristol, the Ladies Ilsrvey, and a large party to din g!? on Wednesday. at their boosc in St. James's-square. The Dowager Countess of Neuf r,I had a seleet party yesterday treeing, at her house in Charlemstrert, Berkeley.squate. The Fad of tier.= hml a dlune: party yesterday, at his house in Arlingum.street. The Hake and Doehess of Rutland leg town yesterday, for Mr. and Lady 31. Drummond's seat. Cndland, Southampton ; the ju. riot ;Mt of the family left on li"...e.ii..sday fur Ir'nton. TM Earl of Abergavinny has left town fur ts seat, Eridge Castle. Snare. The Hon. 31r. and 31:s. Robert :itnlth hare left town for their seat is Rucks The Honocrable Mr. and Mt s..Genege !An* left town yester day for the Duke of Dorset's seat, Drayton Ilt.ase, Northampton. shire. Departures - from Tetlfres rra t i. St. Jrunceisplacet--Sir Darker, Mara, fur his -e.,t in Suffolk ; Hyde Faker, Esq., our hoe mat In Maks ; cad av!-in Mann, fo: Purls. Arrivals at Thomas's Mo.!, Bette: , v.iquare:—The Earl of 'ewbury and the Iftxh-t Eyre frith' &Welton ; the Countess Stackelberg and family prom Learningto ,„11 arwickshire. Dtpar. tures :—Lorti Mauntrian.old, :or ChrAt.aham; and Captain Os. Lyme, on • tour. Departures from Re' If-del, Lower Grosvenor-street Norshead, Esq., for Nxnland; W. H. rnsin, Esq., on a tour; aid Mr. and Mrs. Craven, for Brighton. Mrs. (haves and family ft-rived yesterday at Long's Hotel, Bond-otteit,_front their seat. Nettleswrno h Hail, Notts. Arrivals at 3liyart's Hotel :—'f be Earl and Countess of Wick. low and family front a tour ; aar4 the Rev. John Lafont and Miss Lafunt from I !tits. SPORTIXII LVTELLIGENCR. CITELTENIIA 3I WEDNESDAY, Jutt 20. These now celebrated roars have been established six years, and yerbais on no occasion VP•Te they so attractive ax the present. Mtn) ca tics combine to pvo the foment Cheltenham a peculiar tla m o patronage; ant! as a proof of its inceessing lane, apwards Ut 1000 hons's have been erected since lasi season. llere is to be met w th the most puli.hei society, as the list of the numerous viii ors abundantly ter ides. HIS R iyal Highness the Duke of Gloucester and Suite, Marquis and Marchioness of l'homond, Earl O'Neil, Viscount Bolin broke, bird Clinton, Lord liluncaster, Lord Mount Sandford, 'y M. I hue, Lady Isabella Smytii, lion. Mrs. Frankland. Mn.lion. s :thieve, lion. J. Coventry, Hon. T. Coventry. Sir and Lady Oterley, Sir S. Stewart, Sir F. Desanges. Sir It. r. D. Pillar, (salamis Ash and Grant, Colonels Smith, O'Neill, Stott, Graves, and Gerrard, Majors Gore, Mundy, Baynes; Captains Berkeley, Vernon, St. Clair, Anderson, Lewis. Anthony, Johnstone. Heydon, Jones, Cobb, 'Wilmot, &c.; Rev. 3lcssrs. Miami, Wilson, Robin/tun, ke. These numerous arrivals, with the number of splendid rquiriges, gave a peculiar animation to the gay scene; and when, in addition to the always cheering effect of a race-course, are added the mein brit7 of the waters, the rich and ever varied display of pieture.que lant.seepe which on every side presents itself not surpassed in beauty sued magnificence by any place in the kingdom, we do not wonder rising as the papul.itity of this town, which on Wednesday was full of bustle and preparation for the great event. The course iv most excellent, and was thronged with spectator. beyond all former pro °tient, and as they congregated together, delight seemed to sparkly In every eye, nor were their anticipations disappointed. From Fames Cross Tree for a full half mile, passing the Grand Stand. the crowd was en dense, that you might have walked on their kcails, and it is supposed that upwards of frU,OOO were i present. The play in the evening was the comedy of Maid or trip, Sir George Italeeneil by Yates. and Fanny by Mrs.'' sees; with Der Frei:altar; but owing to the intense heat, the audience was not very numerous. Aa wiforsuwato imeident occurred Ithrongh a woman running *ems else course %sew the nliddiestf the race' noes. a, she was knckkeel down, and nearly Theomfortunate death of Tant, the jockey, was owing to drink. frg a glass of &ger beer after coming in from sweating ; his pm per riding weight was about 7st. itta, but being engaged to the Prateadtwent at 7st. 3115 underwent repeated sweats to reduce him- self. Ile was • good .jockey. and will be missed in the West of Ergltiod, where he was much respected. A subscription is talked of for his widow and family. The races were as ander : The Prestbury Stakes of 30sov. each. _ _ . Ilsjc? Gm*, horse walkevl over. The St. Leger Stakes of 25sov. each for three yr ell colts and fil. hes. C 0!.,. fist. 71b. ; and fillies, Set. 41b. Three Year Old Course, about doe mile and a cuartcr. Lord Warwick's b. c. by Crecy, out nf Csnlinal Put's dam - 1 Mr. llsnley's b. c. Flexible, by Whaleixous . - 2 e 1 tior (lore's b. e. Vesuvius, by Ruben, - Vesuvius mode easy running for the first half mile, when Flexi ble came out, but was aeson challenged by the Crecy colt, aPd a rely race ensued. the latter winning by three quarters of a length. Had Fejt been all right, it is evident he would have won ; and Ve **vista was lathe, no.withstanding which the Crecy had hard work to pop his fore quarters in doming home. John Day rode the win ner; Barnet, Flexible ; and Darling, Illajor Gore's. The Gkucestershire Stakes of 2Z;soy. each. Two Miles. 55 Sub- scribers. Mr. West's Claude Loraine, 5 y-ri, list. 121 b. . 1 lion. U. Moreton names Triumph, 6 yes, list. 131 b. Zr. Talbot named Sloe, 6 yrs, Os:. 11 , . . - Ti - e following stated, but were not placed ; Mr. filytton's Euphrates, aged. last. 61b. 1/Ir. James's gr. h. Rowlstoit, 6 yrs. 8.0. 131 h. Co'wrel Wilwn's Oscar, 6 yrs, Bst. 10Ib. Colantl Newport named Palatine, 5 yea, Ont. Sr 11'. (juice named Oswestry, 4 yes, But. Lib. 3lesser's Presentiment, 4 yrs. O A. Sib. lir. Canning 's Uottentot, 4 yrs, ist. 21b. Lord Palmastoa's Luzborough. 3 to 1 art each of the live following :—Slor, Euphrates, Rawls tan, Oswestry., and Presentiment. 10 to 1 apt the winner, and 13 to 1 agst Triumph. Sloe took the lead, and mad. very !severe running for two-thirds 01 the greund, when Triumph challenged her, a desperate race en suing between them and Claude ; when coming in, about half-way bnwi.en the distance post and ending chair, the old screw, Chill ney, upon O.c.r, came crawling up in his usual style, reminding vs very much of set inghim upon Wings at Epsom fur the Oaks, and made a desperate push, getting nearly in front, but owing to tie gnat pace the light weighs lied gone at the early part of the roe, he Iris incapable of keeping his place, though the cry at the hitting stand was, " Chiliney beats any thing fur a hundred." Claude, however, rode by llowatd, won by a neck. (leorge Doc kers, rode Triumph ; Whitehouse. Oswestry ; B. Smith, Eu. phptes. &e. bomb, Don Burn, and many of the numbers of the P. R. were her:. • TATTERSALL'S, Titunstmr. JuLt 21. The betting was not very heavy to-lay, nor wire there any ma king alterations. We cam therefore only point out the graeusl clearer of Ahisidors. Whisker, a. - id Brot;ler to Addy, the others rationing nearly as before:— ST. Ltarll. . 33 to 1 eget 31emnon (takeo .. 20 to 1 apt Itiltiaker '.; to 1 agat Alderman 20 to t apt brother to Addy ; to 1 Kat Ilettauntlet 30 to 1 apt I)auntless 1.1 to 1 agtt Clevelar.d 130 to 1 agst l'rinculo It{ to 1 apt Altatitlora 36 to I apt Pastime 13 to I apt Homer 70 to 1 apt Hrunnlock DENBY. -. 1 18 to 1 agst Monarch 18 to 1 eget Bolivar O%LS. 9 to I apt Parasol. Lord Granville, the English Ambassador to the Court of France, hes had a fall from his horse. Though his wounds are not serious, his Excellency has not gone out of Lis hotel since the accident. The day before yesterday, in the eveuing, his Excellency received a visit from Baron De Denies, Minister of Foreign Affaits. Ma ZSIIAL M•CDONALD.—.BetWeeII five and att O ' ClOdt 0:1 Monday mottling this distinguished personage proceeded to Iltnoth, and end arkrid for England, from whence, we understand, he will immediately proceed to Paris.—Dr Morning I'o%l. EAOTOOURNF, JOLT 40. —A few evcnings since Mrs. Cortes arrived at this beautiful and retired watering-place, , and on Sunday dined with Lieutennnt-Colonel and Wt. Willard. The Earl and Countess Breadalbane are occupy ing a house belonging to Mr. Dumbrell, in Southlxturne. T.re theatre will be opened this evening ; under the patron age ut' the Noble Earl, and, from the appearance of the box•schema. we hare no doubt the 'reuse will be fully and a.laionably attended. tut apt the Oatmeal ; t 9 l sgst Cedric iIUME CMCL'IT. • VIM ASSFEES, CWELK 'Yowls, JULY SO. CROW3IBIHE. ' In consequence of the temporray indisposition of Lord thief 'Justice Beet, who became ill yesterday from the intense hest of the weather, Mr. Sergeant ON &Low rat for his Lordship to-day on the Crown side. It is expected that the beamed Judge w il l be able to resume his duties to-morrow. William Richard Hamilton, a young man Of respectable sp- Pearance, was indicted for stealing, at Colchester, on the 21th ult. a bora...the property of Ephraim Oiler. r. liWou conducted the prosecution, and Mr. AnnnEws and Mr. Law the defence. j It appeared that on the night of the 27th June, the prosecutor lost his horse from a paddock at iValton.upon-Thantet. On the Ist inst. the prisonte was found at Colchester, in possession of the horse, which be offered to the master of the Three Cups Inc, in exchange for another horse; and M. to boot. Being asked where! he came from, the prisoner represented that he was traveller for the house of Messrs. T a yl or an d C o ., h a t manufacturers, of Black-1 friars.road, and that he had rirlden'the horse in question for three' ' years. He was taken into custody 6 suspicion of stealing the horse, and, when in care of the constable, he represented that he had obtained the horse at Martin's Peery stables, City-road, by giving another horse in exchange and paying 81. on the 28th of June. ' The defence set up for the prisoner was two-fold t first an aliLi, and second that he had purchased the horse in the City-road on the 38th June list. . . Michael Weston, son of a horse-dealer and livery stable-keeper oft London-wall, proved that he had known the prisoner for about five years. He (prisoner) was a borse.desier, and resided in Plammer street, City-road. On the 27th June he was in his eornpany the greater part of the day, dined with him by appointment at the Three Crowns in the City.road , and afterwards went with him to visit a friend named Darts, in Whitecross-street prison, and re. mained there with him until the prison was closed at eight o'clock in the evening. The prisoner had no stables of his own, but used to put up his horses in the stshles of the Grey Horse, City-road, kept by a person named liar in. Witness never knew the prisoner to be traveller to the house of !dews. Taylor and Co. of Black. friars-road. Mr. and. Mrs. Arundel, who keep she house in which the priso ner lodged in Plummer-street. proved that the prisoner slept at honiesittring the aiaat.of the 27th June, whop the horse in question way supposed to have been stolen. Ids. Wm. Henry Salt. a ooal.merchant, and clerk to the house of Messrs. Douglas and Co., anti residing at Dalby-terrare, City. road, a person of very respectable appearance. proved that he hid employed the prisoner to break a horse, for which witness gave 90 guineas. On the 28th of June he called on the prisoner, at the Grey Horse livery stables, to inquire about his horse, and found the prisoner dealing with another person, a stranger, for the horse in question. Heard the prisoner agree to exchange another hone for the horse in question, and saw him pry the stranger CL, and the horses were exchanged ; the stranger could not write, and wit ness, at prisoner's request, witnessed the transaction, and signed the receipt for the money. Mr. Sergeant Oxer.ow summed up the evidence for the Jury, and left them to say whether, under all the circumstances, the de fence act up was probable or consistent with the prisoner's conduct when at Cold 'tier. The Jury found the prisoner Guilty. The prisoner heirg called upon. whether he had anything In say why sentence of death should lint be passed upon him, declared in the most vehement terms that he was entirely innocent of the rob bery, and that he became possessed of the home in a fair course of dealing. Mr. Sergeant Oxstoow passed sentence of death upon him. The prisoner left the dock declaring, in a paroxysm of grief, that if he were executed he should lie murdered. A strong sensation favourable to the prisoner was excited by the testimony given in his favour, ax well a, from his deport. ment throughout the trial, which was perfectly decorous and re spectful. Sunni:! Rugg and Joseph Constabk were convicted, upon the clearest tviience, of stealing sheep at Great norkaler, on the 29th of June, the property of William Partridge, an extensive farmer. The prisoners were noto•ious characters. and had been long sus pected of plundering the neightnatring ftocks. Sentence of death was recorded. John Panne was indicted for feloniously killing and slaying Ben Tanis Gooday, at AViCtStrt. on the 10th of May. Mr. ANDREWS conducted the prosecution, and Mr. DowLiwu the defence. It appeared that on the day in question the deceased was drink ing at a public-house in 11' khan, and quarrelled with several per. sons in the tap-room. He challenged the prisoner two or three times to fight, but the later having previously suffered nine months' imprisonment in consequence of an affair of the kind in question, declined the contest. The deceased übused him in the grossest terms, and at last stmck him, whereupon the prisoner re turned the blow, and the deceased fell with his head upon the hearth-stone. Ile was taken up senseless, and at the end of three weeks died. After death the head was opened, and there appeared toile a rupture of one of the blood vessels of the brain. which, in the opiniou of the surgeon, was the cause of death. There were two slight external wounds on the head, but not sufficient to cause death. On his cross-examination, the surgeon was inclined to think that the rupture of the blood vessel might have been occasioned by the excitement of anger, especially as at the time of the conflict the deceased was in a state of inebriety. 31r. Sergeant 0 wst.Ow summed up the case for the Jury, and the prisoner was found Not Go;lty. John Powell was indicted for killing and slaying Wm. Cornell, a child of eight years old, at Saffron Walden, on the Lech of March, by throw ing him under the feet of a horse, whereby he waarrodden to death. _ _ Mr. BRODFAICIE conducted the prosecution; and Mr. AN DREI!e the defence. The principal witness examined upon the Coroner's Inquest having been a few days afterwards kicked to death by the same horse, recourse was hail to his deposition taken by the Coroner, pursuant to the Statute I and 2 Phil. and Mary. It appearing, however, that the witness was not sworn till after his evidence was reduced to writing, 31r. ANDREWS objected that the deposition war inadmissible, the evidence not having been taken at the tittle under the sanction of an oath. Mr. nnoorslCK said he believed the universal practice before Coroners and Magistrates was, first to reduce the evidence of the witness to writing, and then swear him to the truth of the state ment. In the King a-. Kiddy, 4D. and li., 734, this practice was undoubtedly reprobated by the Court, as irregular, but it was not expressly decided to be illegal. Mr. Sergeant ONSLOW said he agred that the practice was eer tainly irregular ; but in the absence of any express authority to the contrary, he should reeeive the deposition. The deposition was accordingly received; from which it ap peared that the deceased had been trodden upon by a borne, but did not die till next day. The deceased made some declarations pre -1 judicial to the pri toner ; but inasmuch as there was no proof either that the prisoner was present when they were made, or that they were made when the child was under the apprehension of death, the deposition was finally rejected. For the latter reason, the evidence of other witnesses to the same effect was also rejected, and there being no proof to bring the cue home to the prisoner, Thelcamcd Scstocawv directed an acquittal. Verdict—Not Guilty. Jrm. Speller and Jones (rood were indicted for killing and 'elayrng Richard Webb, at Nazing, on the 16:It of :vine , last. ' Mr. Minx conducted the prosecution, and Mr. Jessore the defence. It appeared, that at last lazing fair, a fight had been " gotten up," to termituttc the sports of the thy. During the tight the de ceased quarrelled with the fattier of prisoner spetkr. and struck him. The father being en old man, Speller told the deceased that he would tight him, he being a better match for hint than his father. A ring was accordingly formed. Three rounds were fought, and in the third, the deceased was knocked to the ground, and never rose again. There were no external marks of violence on the head ; and the surgeon giving it as his opinion that the deceased, who was of a very plethoric habit, might have died of a common apoplexy, in duced either by his own violence loam& the prisoner, or by mere paation. The Learned SE nomege interposed, and directed the Jury to acquit the prisoners. l'ertlict—Nut Guilty. •WEST.ERN CIRCUIT. WILTSHIRE ASSIZES. &tummy, JrLY 20. SIDE. Before Mr. Justice GasELEE and a Common Jury. CALLEY v. CAVNON (THE PeCII.:IT). Mr. Sergeant PILL (a ith whom was Mr. Slit UEWITIITI) stated to the Jury that this was an action for trespass, in which Mr. Caller, a gentleman of respectability. and owner of Burderop Park, in this county, was plaintiff, and the defendant was a person of the name of Cannon. a pugilist. In the declaration the de defendant was described as •• en idle and ilissollte person, not an apprentice," anti under the dth and fah of William 111. all Idle and dissolute persons. convicted of forsaking their lawful employ ments. and wasting their time in shoving, and otherwise destroy. ing game upon the lands of others, were liable to an action for trespass, and on conviction to .4e payment of all costs or damages thereby incurred. The trespass complained of hail been committed on the property of the plaintiff; in the month of November last, and if he could succeed in establishing it, and also that the de fendant came tinder the description of the Statute, he entertained no doubt the Jury would come to the determination of giving their verdict in favour of his client. The Jury might be desirous of hearing who was the individual that that was described in the pre gent action as "an idle and dissolute person." That pawn's real n a me was Thomas t'annen, bin he was perhaps better known as •• the great Cannon of Wilitisnr," o r " the Windsor Great Gun." Ile was a 4entleman of considerable notoriety, and no small eele. Itchy in his calling, which was that of a boxer, and among other lofty claims had endeavoured to obtain for himself the title of Champion of England. l'udtu'aly by this time Mr. Cannon had obtained for himself that enviable distinction, as he (Sergeant Pell) understood that lie was yesterday to have contested that honour with another hero of the fist. Not haring the hotiour himself to belong to the fancy, he could not undertake to compete with moons of the defendant's calibre. (A laugh.) lie should, therefore, endeavour to get rid of him as expeditiously as possible. The Great Dun was inhnitely beyond his range, nod it gave him considerable satisfac tion to perceive that the only opponent with wh om he should have to contend on the present occasion was. his Learned Friend Me. Molting, who, although as tact:lent lawyer, was no pugilist, and. Oould find himself at a Toss to coaled successful defence in this case. The case he had to prove consisted of two branches first, that the defeaetant had comniitted a trespass in the plointifFs grounds on the sth November, by killing game without int tole quote authority; and next, that he was locluded in the provisions of the Act, and cool(' be proved to be an idle and dissolute person. ' who had neglected his pr o and ordinary occupation, and b e u token himself to such fi l e pursuits as those described and f ort bidden by the statute. With retard to ear first point, the de.' fendant, who had be fassowly wasingad in the more humble, but honester emplayromit alt a sinitlipme. at Windsor, relinquished Mt occupation sad Week lineelf is the idle, dissolute, divot.. derby, but amps Mempeelitabie trade of pita ilium rThe proof of this sing le circumstattee would, in his opinion, be sufficient to show that the defendant wait one of thompersoua denten]; latest in t h e statute, and described as idle and dissolute, epithets which applied with particular truth and felicity to persons in Mr. Cannon's line of life. Pcrlapa , indeed, theitemere no individuals to whom the deacription could with equal justice and propriety be ajoilied, theft to prize.fighters of every .deaciiption. and the present defend. aro among the rent. The plaintiff hard been frequently given to understand that this man, tat common with others of a similer stamp, had committed acts of trtapass on his property at different timm, and in fact, had octet' in a Rummer Ruches no individual of the rank in life of Mr. Galley. could be expected to permit, with out an attempt on his part to put as end to and prevent a repeti tion of similar acts. Llnder these circumstances, the plaintiff had found himself compelled to adopt legal proceedings, and institute the present action for the protection of hisrights and property, both violated by the defendant. Mr. Ca/ley had previously disposed of his estate of Burderop Park, for a limited period, to a gentleman of the name of Hsyne, who was also, an the Jury might happen to know. • person of some little celebrity. That gentleman had thought proper to associate himself with the defendant, and others of a ahnilarcharalter, whom he invited to aartake of his hospitality ate Burderop Park. Now, this would have beets all very well if the present defendant, and his companions, had strictly confined themielvm to tha enjoyment of the hospitality of their entertainer, and not, by molesting Mr. Colley, afforded grounds for the preve t action. llowe'rer, this they had not thought proper to do, but lied intruded on the.plaintifFs private estate, and molested him in the enjoyment of his property, by thrusting themselves into parts of Mr. Calley's estate, which had not been let to Mr. Royce, and into which they were not authorised to enter. When the plaintiff re monostrateol with Como° and begged ot'him is discontinue the of fensive conduct, the latter replied w:tb an oath "be would shoot where he plassiiisissepise of eorfarem"4lo6-firethertorcittard trim. self in a most insulting and impertinent manna% .--Jarrotn, Mr. Haynes mffinekeepera was coiled for the ploin tir, and deposed as follows f—lh November last I was under-game keeper to Mr. 'Jayne at Burderop. On the sth of that month I saw Cannon the defendant in the great copse which briongs to the plaintiff, lie had too setter degs with him, and I saw him on that occasion kill two pheasants. I have seen him there repeatedly, more than a score times, and (le ee with Tom Belcher along with him. I have seen him with the groom and dogkeeper. I was dis charged by Mr. Mayne on the flth November. On the following morning I saw Cannon, and he offered me 101. not to inform against him. I refused it, and lie then offered me 201. Ile talked of his match with Josh. Hudson, whom he said he should beat, by which he expeeted to get 7001.; and he added, " he did not care for a d—d thump in the head for the sake of that." 1 saw him again, and he then told me the plaintiff had warned him not to bil(10t ally more on his grounds. He added, he would shoot on Mr. Colley's grounds in spite of him or anybody else. After this I frequently SIR him on Ale. land. Cross-examined—At this time Mr. Rayne was living at Bunte rs* Mr. Mayne was tenant of the park and manor, 'he had the i llover to shoot over. Cannon went out to *hoot with Mr. Ilayne sled a servant. I know the great copse Is Mr. Calley's'property, he calls it. his wood. I have knnon him IS years, and have beard him my his lands are in the possession of his creditors. Can. 71011 offered me 101. and then :.Mil. if I would promise not to inform against him for shooting the pheasants ; lie said he would give me 1201. if I said no more about it. lie came to my house, and told me had heard I had informed against him. I told him I had, and he called me snide and offered me 10/. to say no more about it. Re-examined—Cannon made me this offer; he said Mr. Colley had spoken to him. The wood in the copse is cut every year, and Mid for Mr. Colley. I know it, because bills are pasted up re specting it. Mr. Calley's servants cut the wood; some of these ser vants have been in his employment 30 years. Cannon remained at Burderop for some time utter the conversation with me. Mr. slullingw—l am Mr. Calley's attorney. Mr. Colley was in MK -salon of the wood on the sth of November. He continues so op to this time. I have received payment for the wood cut on the eyrie for 111 r. Colley's sole account. Mr. Sfax XI Nr o. for the defence. It had been stated on theta:her side, that plaintiff was a gentleman of property, resident in this ,ostauty. That might have been once true, but would no; appear to bow now, for in consequence of 51r. Colley*s embarassments, the tattoo and manor of Burdemp had been let to Mr. Ilayne. The asanor wan, indeed, the principal inducement to that gentleman to become tenant of the property, as he conceived it to include the eight of shooting over it. 51r. Ilayne, as it would seem, had had a slumber of visitors at Burderop, and among the rest, Cannon the Imeesstisfendant. It appeared in eritler.ce, that he went out with din ONsekeeper, and shot atone pheasants. If Mr. Ilayne had a right to employ tiny one to kill game, he might employ Cannon for that purpose. With regard to 51r. Colley, ho had no more right over the game than any of the Jury. The present action was founded on the 4th and sth of William 111. Mr. Justice Oast LEE did not see that any satisfactory evidence had been proposed to show that the defendant was a dissolute and idle person under the meaning of the Act. 31x- a iergasat 'sidearm the defendant talked of a prize-light, between himself and a person named Hudson. Mr. Max smo continued—lle was happy his Lordship had anticipated what he intended to have said with respect to the want of' evidence as to the defendant being an idle and disorderly person. The present action was brought and sought to be supported by the testimony of a discarded servant, and that was not the only circum stance worthy of attention; for the plaintiff, who brought this action, had countenanced, if not caused informatioro to be laid against the 1 defendant for the purpose of recovering penalties for the very acts 111011 made the subject of a civil action. He was ready to admit Cannon (the defendant) had been in the come in question, but he was prepared to maintain Gannon was there not in lila own account, Met as the servant of Mr. Ilayne. The object of the plaintiff in pro seeding against Cannon, under the Statute of William and Mary, was to procure full costs, although there should not be more than half a farthing damages. That eircumatonce proved more than any thing else the nature and spirit orate prescot fiction. The creditors of Mr. Colley were in possession of his estate, and should the Jury give but one farthing damages, that fathing would be for the benefit of his creditass, unless the plaintiff broke trust. Air. Justice (fast CEO —Let its not go into that, Sir. Manning that is a ease for the Court of Chancery. (A laugh.) Sir. 51axxraro—Vess my ironl, the creditors would have to lilt a bill in Chancery for the amount of this verdict, should it be in favour of the plaintiff. The striking of the des - cription of closes out of the declaration, furnished another proof of the manner in which the action had been brought. The defendant offered to let judyment go by default. Sir. Sergeant PILL asked if his Learned Friend meant to prove these stntentents? Itlr. MANNING would prove theta in the same manner as his Learned Friend proved three-fourths of his statement. Mr. Sergeant Prat —lf his Learned Friend proceeded to make such statements, without proving them, he should claim his right to reply. ltlr. MANNING would not go into the facts, although less fere , levant than much that had been stated by his Learned Friend. He maintained there was no proof of the alleged trespass, nor of notice not to trespass, except the testimony of a discarded servant. If Cannon had no right to be in the close, witness had none, and his conduct was net such as to entitle him to credit so far as to war rant the Jury to find a verdict upon it. Mr. Justice (dAsELEE stated the nature of the action to the Jury, and observed that the statute upon which the action was brought was passed for the protection of landholders and the interests of those men who, not regarding their owt: benefit, wasted their time in shooting game. That statute was nut of the question, and the points the Jury had to determine were simply, whether the plain tiff' was is possession of the wood at the time of the trespass, and whether Mr. Ilayne had the right of shooting over it ; for if that right had been conveyed to hint, he might grant it to others as he • pleased. But if the right had been conveyed to Mr. !Jayne alone, then the plaintiff must have a verdict. On that point, however, it seemed they were to have no information supplied to them by Mr. Ilayne, who might have produced the conveyance, if any existed. He had not done so, but left the matter in the dark. If plaintiff was in possession of the land, he must have a verdict, although he had to acconto to his creditors for the amount If the Jury gave a verdict for the plaintiff, they would say, considering all the eircuni-; stances of the case, to what amount ce ainages he was entitled. The Jury returned a verdict for the plaintiff—damages one shilling. Mr. Sergeant PELL applied to the learned Judge to certify, in order to give the plaintiff' his costs. • GASELEE said, there was another action against the same (lei:taint, which he should like to hear first. It was then agreed between the plaintiff and defendant'a Coun. eel, that the latter s hould submit to a verdict in the second case simiiar to that in the first. Mr. Justice GASELI:E granted the certificate. observing that the defendant ought to ray the costs of the first action. The cases at Nisi Prins being all concluded, Mr. Justice GASELTE took sonic criminal trials of no public interest. CROWN SIDE. Before Mr. Justice LITTLEDALE. CHARGE OF CHILD MURDER. Maria Green was put lb the bar, indicted for the murder of her new-born male child, on the 2d of March, at Caine, in this county. The prisoner was a pretty, simple-looking girl, about 10 years of age, of an interesting appearance, ar,d at the time of her arraign ment, and afterwards during the progivis of the trial, appeared much affected, and deeply sensible of bee unhappy situation. Mr. II URCOMBE cared the case to the Jury as it afterwards appeared in evidence t and observed. that the most conclusive evidence was necessary to establish a charge of such a nature as the present. It was first requisite to prove that the infant had been born alive, and in estab:ishing that fact there might exist con siderable dificulty, as the test formerly relied on (that of the lungs floating in water) had been *lnca exploded. However, if the Jury did not think the murder pretved against the prisoner, it would then be for them to consider how Ise Ilse prisoner appeared from the evidence to have concealed the birth of which ; was o crime punishable not by death, as the former. but by im prisonment for such space of time, not exceeding two years, es the I court shoo ht t hi n k proper to direct. If the Jury tho ug h t t h e , prisoner guilty of the capitol theme, they would sey rot or it of the vh b eL er vieu —l ld Locti:heszirywanertuict! bit. H i e t a l to ;y :of Quest er. othceramoluer:e4 . . . • .. • ford, in the parish of Oahe, in this minty., . prisoner at the notillinely =eg tins but ha 3 n Bo 9llllo te d i f lie on. It. the bar was mifellow-servant ; she was house- may, am nursery- works In the I had said nothing eit him. ...., _. . .• . maid. On the evening of the Ist of :11areli, I wax taking my tea In answer to questions put by the pr i soner .— He had a with the prisoner; prisoner said she WAS very pobefis and thought knife housed foe coifing u beet', but it wit diffeeent frau the she should go to bed as soon as she had het tea. She asked me to he used on that Might ; he has used each a case sdhfrtlruse for stet- do her work, say ing she had a violent path in her bowels. This tine up cattle, bat it was not Mal own ;it war neetrefery for him to occurred between flee and six o'clock in the evening. The usual hare such a knife oingeemem; I took all the hikes away, belies, time cf going to bed was nine or test. I don't know whether psi. I thought ptisonet fiat going to the work-house along with ass I SOAR went to bed at that time, hot I saw her about eleven o'clock, he was not intexiuted so as not to be sensible of what he was and asked her hew she was ? when she said she was much emu, he hail had some beer ; softetiihes in the *inter he Is but hoped she should get better soon. This was in prisoner's bed. shortness of broth, but I don't know that it streets hisksbetteilti room. I ten her thtre after 1 had spoken to her. Priacner stem never knew him to balmiest:l*th hie heed that rendered him ilia by herself that night, Mary Smith, who generally slept with her, ranged in his Intellect; I have eviler known hiin out its • having gone home to Compton to tier footle the day before. I except when crazy drunk ;he has sometime:shade or= next saw the prisoner about six o'clock the following morning, in bad health that way in the itintee stescne I ' idlialiol• - 4 cleaning the parlour. We had no conversation then. klary Smi th his head. is as good es another man's; I did not call aith.o94lo. • Came home soon atter, and went 01) to the prisoner's bed-room, and way names In the mune of that hfternoon ; I only celled hhei i called me in. We unsaved certain appearances that excited our blackguard when he was going awity ; I did not call him a ASA '•• suspicion, and communicated them to stay mistress, Mrs. Heath. Itv-examined.—llly husband usually hiss the exercise of Kt Mary Smith-1 was a servant at Mr. Heath's on the Ist of reason in the same tay aa any other man ;he Won Stoehr:ly well March. I am under dairymaid. I know the ptiseeer, and was what ha Was aboat when h e entere d thetoom to stab the. . in the habit of alr'epieg with her. I retuned from my orient on Elizebeth Marks..-1 saw the prisoner in the room of Oil *Mk! • the 2d March, and observed the same appearances about the bed as house where the women sleep, about hint e'clock el the 9th of the last witness, which I communiemed to my mistress. Before May t I observe': What paned between ptitontr slid his wife oa and after this I saw the prisoner, who was about her work as that occasion • it was just the same as described btr the laat wit. usual. next ; in addition to. his attack on his wife, the prisoner stabb Cross.examined—l was in the habit of sleeping with the FS. tut in the side, when I went Co asilet her i I bald nh r *once before she !d of !Birch, and she never comthunicaten to me giitn by Elizabeth Blake. . . . any thing about the state of het health. lam 18. I knew nothing Ily the prisoner:a-1 did'ot tell two of thr e e direteM stOtilm, fit of the prisoner's situation. strew prisoner stabbed his wife twice while In bed; I told the Mar v Meredith-1 live at Quemetford, and recollect being sent Magistrnte he Idtd sem knives, a large and a small one, withthe lat. for by Mrs. Heath on the 2d of Mireh. We went up to prisoner's ter he stabbed site 4. 1 did'nt see what he did with the large knife. bed-room, which bore the appearance* of a woman haring lately The prisoner, Who displayed great ingenuity in era wnexactsining lain-in there. Prisoner came up. and we asked her .. Is some. the witnesses, said thlt doe n o t cortespond, my Lord, with what thing particular had not occurred ?" She said " No." We told site said about the knife awhile age, her ••• she must have had a rh11.1." She denied,if. We then searched Mary Chsunt gave a similar ac;:ennt or the thexaCtioh erith tha the room, anti could End molting. Mrs. Heath desired her to preceding witness; and farther deposed that after the knife wail open her box. Prisoner unlocked it, after a good many scruples taken from the prehmee she tint it under her pillow, and afterstards and much hesitation. I opened the box. we obsehred a male gave it to Sarah Taylor, who delivered it to Mr. Burbidge, After tchild in it wrapped up in flannel. The child was dead. We his wife lel: the room, python& attempted to stab her with anothet asked bcr, " Why she had concealed her situation ?" She made knife, not succeeding in which, he knocked her down. Prisons! SO anoint then, but afterwards said, " she did ant know what to also stabbed the last witness in the side. do." The child appeared a new-born infant. There were marks By the prisonet.—Prisoner never gave the any offence in fily 116, or, its neck, anti the skin was broken, with an appearance of having I had not hold of prisoner at the tame he struck ate. There wad' been torn upwards. I observed nrthing more, no animosity betweee its. Cross-examined—Tiro maiks were ,on the neek . , and the skin ap. Sarah Teylor—/Ite has witness, Mary Chom, gem me the' peered al tf tdikt up. — ' '''' —' ' ..'. ' knife. which I atinioa to Mr. Burbtege (the goner= of thd • By the Cocar —I don't know whether the prisoner is married. workhouse). Caroline Wheeler and Nary Smith being recalled, deposed that Ile the prisoner.—Prhioner was notice intokicated di pot to line* ' the prisoner passed for a siegld woman. She wore no wedding_ what he was about. He appeared a little in liquor. He had earl ring. Prisoner said site lived at Calloway, but they knew nothing of one pot of strong beer in the shop; but not of term of fret friends or relations. • Mr. Wm. Iturbidge.—l am governor of the workhotme. The Mr. 0. S. Ogleby—l am a surgeon at Caine. On the 2d of last witness delivered me a knife on the 9th IlleY, which Idelieered March I was sent for to the house of Mr. Heath. I saw a dead to Mr. Sutton ' • the knife appeared in Be stained. • male child above stairs. Prisoner was in an adjoining room. Mr. W m . Sutton.—Mt. Burbidge deliiered and a knife on the This was about ten in the forenoon. I observed marks on the 211 May, which I now produce._ (The knife was handed up to the neck of the child ; they were bruises, as if it had been grasped Jury and appear e d a formidable loohleg weapon about eight inches firmly by a hand or hands ; there were considerable marks of vio- long, with a sharp point and bowl in proportidn.) lenee. The skin was :heeded, and there were marks of extmvasa- Miss Ann Nash.---I am daughter of Mr. John di'itell, a ender in tion of blood under the skin; there were little scratches and pinches this city. I know the prisoner, and sew him on the evening of the externally. I opened the child, and examined the lunge. I also 9th elf Mn in my fathers shop, it was between eight E n d nind examined the neck, and ascertained the extravasation of blood to o ' c l oc k. 1 r brought a killing knife such as this.—(The knift troth exist, the marks of which I. had seen externally. In my opinion here handed to the Mtness.)—This it the knife, it has the prim the child was not prematurely born. r think it was born Mite. 1 marked on it in my Writing. I tun certain of It. It Is a knife for form that belief from liaviog examined the lungs, which I took out ,killing rattle. • and placed in a basin of water, when they floated on the surface. The Prisonet—l anti indicted as a labourer, and Alias Nash Front that circumstance alone it is that I form my opinion of the knees lam a butcher. I wish her to be asked whether lam not child's having been born alive. If the woman had grasped the id that line? 1 neck of the child in the pains of delivery it might have occasioned The COURT i n f o r me d the Misonet as he had pleaded to the its death. From what I afterwards observed I have no doubt the indictment his objection could not be now received. prisoner had been recently delivered of a child. The Prisoner—l don't mean to object to the indietment, my Crou-examined—The lungs of the infant were not sufficiently Lord. I only wish to prove lam a buteicr, and have occasion to expanded to till the cavity of the breast, and on that account I use knives of that description. think it extremely probable the child might have died in the course Cross-examination continued—The prisoner ageism the butcherS, of the birth, or immediately after. The marks I have described, as I have heard. He might have been a little intoxicated, but and attributed to a compretision of the neck might have been acci- knew what lie was about. He wanted the knife cheaper dam I. dental!), occasioned. The notion, of the lungs floatirg or not in sold it. water forming a certain test of the state in which the child was Mr. W. Bestiniale—l am a swoon. I saw the prisoner's wifil bom is very prevalent ; in my opinion it forms almost an infallible on the night of the 9th of May. She had received a severe ent o•i test. An inexperienced female 'night not here been aware of the the abdomen and another on the inner part of the thigh. They full extent of her situation. as ;to the exact period of delivery. I appeared to be stabs. I attended her for nearly six weeks. The think the lungs would not have floated in water had nut the child wound on the abdomen was dangerous for some time. It was suf. been born alive. ficient to have occasioned death if not properly treated. . Mr. Justice LITT 1.1! DAL E—Are you not aware that many emi- Elizabeth Blake recalled, and crossmkamined by the prisener.— nest medical men think differently ; that the opinion yen entertain My husband has been in the habit of cutting up boats for some has been exploded ? and that the majority of the profession lay no some years, but he could not kill them himself. He may have oe_ stress upon the appearance of the lungs subsequent to death ? casionally worked in the elaughtet-house When they had a bullock Witness—The test I referred to has been sorthoimee lightly to kill in some part of it. treated in Courts of Justice by professional men, out I consider it The prisoner —She knobs the knife is necessary'for the purposes as an almost unerring one. of my business. 31r. Justice LIT TLTIDALE—YOU do net appear old ennuedi to . The rase thi the proseettinn being closed, and prisoner called have seen the late Dr. Hunter, but you must know he was one et upon for his defence, he paid he had procured the knife for his the moat celebrated surgeons of this country, and that he asserted memory occupation, and did not purchase it for the purpose of no dependence was to be placed on the test you rely on. stabbing any one, which was unnecessary, as he bad a large clasp Witness—l am aware that was his opaline my Lord, but I en- knife at the time. He further mated, that he acted under the influ tertain a different one ; and I believe mine is now the received ence of intoxication, hating drank more ale titan was good for him. theory among medical men. In addition to that, his wife had reviled and exasperated him, and he Mr. Justice LIT TLEDALE —Then it must be within the last was mein gone in liquor to be master of himself at the time. He year or two it it is ; for I have beard some of the most eminent of merely recollected leaving the workhouse, but nothing that hap. them deny it, pened there, and had no design whatsoever to commit any injury Ills Loansnt P then proceeded to charge the Jury, and toll upon his wife or any other person. them that he was not of epinion the capital part of the charge had Mr. Justice Ltrottnase summed up the evidence, and the been supported by the cytosine. Even allowing the theory of the Jury immediately found the p r i soner G o ilt y . medical witness, one pot of his evidence went rather to disprove Judgment of Death was recorded against the prisoner. the chore of murder, as he had intimated his opinion that the . Mild might have expired in the course of the birth, and before it had been completely born, It was, however, his duty to inform the Jury, that under an Act of Parliament passed a few years back, the concealment of the birth of a bastard child was punishable by imprisonment ; and he was of opinion the concealment had been perfectly established against the prisoner. While the Jury were considering their verdict, Mr. SMITH (tor the defence) took an objection on the subject of the concealment of t: s birth of the child, on the ground that there was not any evidence to prove that t h e prisoner was not a married woman, and eonsercrentiy, no evidence to establish that she had given birth to an ill violate child, the concealment of which was punishable und• r the statute. The law always pre. maned legitimacy where the contrary had not been proved ; and, as his Lordship knew, that maxim was laid down in Vince, and mote fully explained in Nolan's book on the Poor Laws. The Coe ter did not see the validity of the objection, and con sidered the facts of the prisoner haring passed for a single woman, never being observed with a wedding-ring, or making any pretence to the character of a wife, ass affording strong presumptive evidence of her being unmarried. As to ths maxim, that the law was in favour of legitimacy, that was only in the absence of all proof to the contrary ; but here there was at, least presumptive evidence ot illegitimacy. Mr. II trItCOMDE observed, it was incumbent on the prisoner, if she were a married woman, to adduce some proof of it. It could not be expected of the prosecution to prove a negative; it was for the defence to establish the affirmative, which had not been attempted. The Comer overruled the objection. The Jury found the prisoner Not Guilty of murder, but Guilty of concealing the birth of her illegitimate child, Mr. Justice LITTLEDALE told the prisoner that the Jury have ing humanely acquitted her of the capital part of the charge, and only found her guilty of the minor offence, the sentence of the Court was, that she be imprisoned in the common gaol of the county for the space of six calendar months. [The prisoner withdrew hunt the bar, evidently deeply at fected. 1 James Strang- was put to the bar, capitally indicted for un lawful violence towards Barbara Crips, on the 25th day of April, in the parish of Malmabury, in this county. The prosccutrix, a mild artless-lookieg girl of 14, deposed, that on the evening of the day laid in the indictment, she went from Charlton to Malmsbury on an errand for her mistress and relative. Mrs. Gingell, who resided at the former place. On her way she met the prisoner at the bar, who pursued and assaulted her in the most shameful and savage manner. She succeeded in escaping from him three times, but he as often overtook her and renewed his brutal treatment; not satisfied with which, he robbed her, and was only induced to desist by the approach of some persons to the scene of violence. Joseph Pike, a boy of about 16 years of age, who had witnessed the whole transaction. fully corroborated the statement of the pro. *nutria. lie also bore testimony to the resistance offered by the last witness to the attempts of the prisoner. Mr. Thomas Roberts, a medical practitioner, deposed to the nature of the injuries sustained by the printecutriz. Several other witnesses were called, who farther supported the preceding evidence in several particulars. Mr. Justice Ltv•rhEnALE charged the Jury, who consulted about twenty minutes; and then, in consequence of the absence of legal proof of the completion of the offence, acquitted the prisoner. CUTTING AND MAIMINO. Stephen Blake was put to the bar, indicted under Lord Ellen. borough's act, for having wilfully and maliciously stabbed and cut Elizabeth Blake, his wife, with intent to do her souls grievous bodily harm, on the 9th May last. in 'lie city of Salisbury. Mr. BAILEY stated the case to the Jury. Elizabeth Blake (a pale emaciated female) was then called, and deposed as follows. I ant the wife of the prisoner ati the bar; he called on me at a quarter before three in the afternoon of the 9th May at the workhouse in this city. Prisoner asked me, " why I had not come out as he desired ?" and I replied, " the time he had appointed was not yet expired;" he remained in the gateway for few minutes in my company, and cantinued coming back and fur. ward till a quarter past eight. lie was sometimes very civil and at others abusive. He said, " this would be the last interview he should ever have with niennd the children ;"he said " thehalter was family garment, and he did not fair to wear it." On going away, he said " he would make roe howl for it ;before ltl o clock that night." I had given no provocation, and the only reason for hi violence was, that ha wished me to go out with him, and I refused. lie re. turned again at a platter before 9. I was lyiog in bed in the long. room, where the females sleep—three of my children were in bed with me. When I saw the prisoner enter the room, I sat up in bed, sad asked him " why he hat! returned, and not gone home to bed." He came ova to the bed. and asked me " why .1 had called him a tone ?" I said, " I did not, I only called him a blackguard." lie then said—" You ate going to swear the pence?" I answered. " 1 had said no such thing." lie then told me to put the child out of my arms, which 1 refused. lie went round to the other side of the bed, and told me again to do so. and I again refused. lie said, " then I'll rip you up with the child, and quarter you afterwards." He took a knife from his left. hand pocket. I then jumped out of bed, and hi stabbed me twice with the knife on the belly and thigh. The other wernen came to my assistance, and the knife was taken from him. I took It from his 'Own' myself. It was a butcher's killing knife. it was not such A LntiC as my husband was accustomed to use. He might - - ------- • NORTHERN CIRCUIT . YORKSHIRE ASSIZES, roig, AILT 20. NISI PRIUS COURT. TAYLOR V. WILSON AND OTIIERi. This was an action of trespass brought by the plaintiff, a poo: man residing in a tchement on the stray heat the city of York, against the defendants, inhabitants of the same city, for forcibly entering his house, on the 14th last, and evicting him of the possession thereof. There was also a count for an assault. To the trespass the defendants pleaded a justification and the right of entering; and to the assault they pleaded not guilty.— Upon these pleas issue was joined. Mr. Dont, opened the 'pleadings, and Air. Sergeant Cnovs briefly stated the case ; in support of which he called the following witnesses : Wm. Smith examined.--I am clerk to Mr. Atidesepon, the attor. ncy for the plaintiff in this cause. I knew the plaintiff' and his vie for a great number of years, and was friendly to them on the occasion in question, because it appeared to me the: they were im properly treated by the defendants. I told them so because I fdt, perhaps, how ill I should take it had such treatment been offered to myself. I did not advise them to resist In this east, no; to go to law. Cross-examined by Mr. SCARLETT—This tenement of the plaintiff's is near a Common, under the Corporation, who appoint pasture•mastera to superintend it. The plaintiff was herdsman to this land. What was the duty of the herdsman ? To drive the catzle, and take care of the Common for the, freemen, nod put stray cattle io pound. Was not the plaintiff dismissed ? Yes, he was, for being too careful of the interests of the freemen of York. Was this tenement at any time a stable? I always knew it to be a dwelling house. By the Cover —ls this house near the stray ? Quite close upon it. Has it alwas been occupied by the herdsman? I believe so. Oenrge Raymer, another of Us: clerks of the pleintiff's attorney, saw the plaintiff' at 111 r. Anderson's, complaining of the treaties", and witness went to his house. He saw too men bringing things out of the plaintiff's house, and he said to Vick and Pardee:, " this is a strange business." They were outside the house. Wilson, one of the defendants, also came out of the house with some goods; Taylor's wife and five children were there. I asked to see the warrant under which the (Uwe'ss was made, but the clerk of the defendant's attorney said I should not see it. The plain tiff's wife remonstrated at such ill.trestme,:t, but the constable, Atkinson, paid no attention to it, and led her to the door, the children all clinging around her. SCARLET T. I.ll' the defendants, observed that this was Mere ly a speculative action on the part of the plaintiff's attorney. Tb: plaintiff IVUt only the servant of the corporation, and the house talked of had been but a few years ago a stable tot the freemen's cattle. The common on which it stood belonged to the Corpora. non. who annually in the month of March chose pasture masers. who had the appointment of a herdsman. and who, having that, had the power to dismiss him when they thought proper. The plaintiff here was no tenant of this house—he had a mere naked oc cupation of it ; and with respect to the clock, he would prose it tar the property of the Corporatlen for the use of their servant. There was no colour or pretence fur this action, other than, the notice which was unnecessarily, though good-naturedly, given to him when they wilted to discharge him. No doubt the plaintiff would have quietly left the house but for the advice of the attotney, who wanted to make money of the matter. The occupancy of the house was a part of the servant's wages—in the tame way that the use of a kitchen belonvd to the cook; but that occupancy would give her no interest in her master' s h ouse . fi e wou ld prove that tit: plaintiff was cnly the servant of the pasture-masters, who were en - powered to appoint and discharge herdsmen ; that this man was so discharges] ; and proving this, he would be entitled to thee verdict. George Ellison was called, and examined br Mr. J. Wtro • Lraius--I an a bricklayer, and a f r e eman of, York. I wa's pas turestnaster when this house was altered from being a stable. Ralph Ray was the first herdsman i n it after that. 111 r. 11.1in.77l and myself appointed him. He had a cow kept for him, and bit of a garden near the house. Ray paid no rent, not wag 811:V ever charged to any one. I don't remember the dock being f , crd t. , the houae. George Jackson succeeded Ray, and remained lot -Tres or eight years. The pasture-masters Lbws appointed him. When he ceased to be herdsman, Jonathan Taylorcame in in the same rat, George Nelson examined by Mr. SCAIILMTT—My father paid ' Taylor his wages. By the Cor . RT—On or abut the lot of May last tuber gr.+ another herdsman, when Taylor. time eapirarl. He he,t Ftre,.- months' riotice; 1 wrote the notice, hut did not serve it. Tm,'.N. ' however, said, that having received the notice, he would gm: e.i the Ist of :Hay. maGtteoerrgweheinlltisohenacrecncoulnlem.l—arert,hreouCgohrr m ra . tion only the h n s te e r o re o r ft e ict l:l Mr. Sergeant Caoss. in reply, contended that The plaintiff ha,. an o at min other matters—such w ss the ' right to displace him . Not a syllable of inlesonduet was ad. wse office. Much wages :rsa longle bassrgahelnctos:lnucd co n ducted h i mself h tl i i m en u a lf seed r'lPe' hel l a in ny t o h n s ; y a m en se y r e :Tt ly he co h n o t u r se act a n n i d lle ge up co w w it . h h e.t c. due.d against the pinintiff, and should it be tolerated that a poor TrAn !lave bean treated Is the plan" bed bun? Ile con. , ~.„, b 0 e I, 1 1 I, I\ .. k i l l r I I • 1 , ... .1 , I 04 ... ' , ..' i' it , , . ~. . ~ . . i . i .., • i 1 6 i, s : 'l l, . . . t i A -). I t A I . ‘ .. 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