The British Press; or, Morning Literary Advertiser. — London, England, 1826-07-22 00:00:00

Tlfh: ir tßvEsr. The wheat harvest has commenced throughout the west of England, and the aceounte bath of the quality aftd bulk of the rrop are highly satisfactory. The plantation of hops at Orchard Portman, near Taunton, is in a remarkably thriving state.—Dreites Gazette. The wheat harvest is now in almost general operation throughout Devonshire, and the produce is bountiful. Oats and barley arc also abundant crops, except on light soils, where the want of rain has been most felt. The wheat and barley harveet is now becoming general in this neighbourhood. Though the Lent grain, as we have already stated, is generally a failure, the wheat is fine ; the produce will probably be little below an average crop. In some districts the rains last week proved very serviceable to the late-sown barley.—Wereester Joarnal. The what harvest has generally commenced in this neighbourhood, and the accounts, both as to q uality and quantity, are highly satisfactory. Some few local excep tions may be found, but on the whole, the wheat crops are abundant. Barley and oats are a little improved from the late showers, but the latter is a very alight produce.—M enenth Jovrnal. Reaping is begun in the neighbourhood of Edinburgh. Three bands of shearers were at work on Thursday, on the fields between the north side of the New Town and the Firth.—Scolsnion. We rejoice to find that all apprehensions for the safety of the harvest and the late potato crops have now vanished. The rains have betn general in every part of the United Kingdom. They did not come in time for the hay, and that is the only short crop.—Dublin ;Worming Post. Leteere en, Jr' the whole tract of fertile country from Derby to this town, the crop of wheat is as fine as ever was beheld, but the oats and barley are poor and stunted. The pastme lands are quite parched up, and cattle, which in a more genial season would now be fit for the market, appear lean and lank on the scanty sub sistence afforded them, even in the richest plains of this county. Hay has advanced in price from eight to ten pounds per ton, nor can any thing like an adequate supply be had to meet the demand in the London market. Reef and mutton are from sixpence to sevrnpence a pound here, and vegetables almost as dear as in the metropolis. The reaping of oats and barley hes now commenced on many farms around Dumfries, and harvest, in a very few days, will be pretty general throughout this district. On Monday, the lath current, a field of excellent potato oats was cut down on the farm of Gateside, parish of Newabbey, and last week several farmers in our more immediate neigh bourhood imitated the example. On Mr. Grierson's farm at Bartford, parish of Penporit, four acres of potato oats were also cut on Monday last, which is the earliest ever remembered in that part of the country ; and a gentleman informed us yesterday, that at Sanquher, a place remark able for its cold soil, he lately beheld some rye which was in a state of perfect ripeness. We arc informed also by our Liverpool correspondent, that some fields of wheat and oats had been cut down beside that town at the date of his letter, 13th curt., and that a great many more were quire ready for the sickle. Similar announcements are now making their apFarance in ainiust every newspaper, so that the harvest may be said to be as general as it is unprece dente Hy earl y.—Dumfries Courier. The late rains have already clothed with verdure the pastures and mown meadows, which before appeared parched, and neither afforded nor promised sustenance for any kind of cattle. Tbe moisture has also been serviceable to the potato crops and those of late sown grain, which had suffered greatly from the drought. The early wheat fields. however, seldom preeented a finer or more productive as pect, and will, for the most part, soon be fit for the sickle. Already, indeed, several acres of this grain have been reaped in different parts of Yorkshire, and on Monday last there was cut down a field of excellent wheat, belong ing to Mr. William Geldart, of Gildyard Ilouse, Gilder some, near this town, which was a good crop. We have likewise observed some oats ready stooked in the neigh bourhood of Leeds, which, like that crop generally, we believe, will yield a fair return of grain, though the straw is remarkably short. Upon the whole, it is expected that the harvest will be rather favourable than oth , revise; but hay is an exceedingly scanty crop, and will probably- be a high price, as well as other species of fodder, during the next winter. —Leapt Inlelligencer. The continuance of dry parching weather has produced so premature a ripeness of the grain generally, and the wheats in particular, as to call forth the sickle at an early part of the month. Much of the corn is riper in the car than a common observer may consider; and it is incum bent upon the farmer not to be parsimonious in engaging assistants; for should adverse weather set in, and brisk winds in particular, no inconsiderable portion of the crop will be whipped out, the kernel being somewhat withered in the chaff, and not so well secured as in moist seasons.— Chelmsford Chronicle. Rom roan SAvitcu IC Ben K.—The number of depositors up to the last quarter amounted to '2,o2l;—total snin in vested at the Bank of England. 37,182!. I tr.. 2d. During the last quarter twenty-nine have opened new accounts, and 1,957/. 3s. VLI. has been received in deposits and interest. STATUE OF GEORGE THE FGERTIL—A curious conver sation occurred on Thursday in the Court of Common Council. Mr. S. DrzoN raid. that Rs they were row on the subject of statuary, be should like to ask the Town Clerk, whether, to the beet of nis recollection, a statue of each King had not been put up in the Royal Exliange shortly alter his Accession The Tow N-Ci.Ertir replied —After his Coronation, I believe. Mr. Dixotr said, though ouch had been the general practice hitherto, he hail red t heard of any statue having been erected there to his ponent :Ilajesty. It had been generally dune as yet, and why It was not done in the present instance, he for one could not puwbly conceive. On this Me. FATELL remarked, that soon after the accession of George the rour,h, various precedents had been examined; and it turned out, from the Examination of them, that for five hundred years past ne statue had been erected in the city of London to any King of Engtatid, until he had first dined with the citizens in their ancient bell. It would thus seem that such Is the impor tance of a dinner i the city, that a Monarch, however great, who, (roar any circumstance, bappena to omit dining In Guildhall, must hate no statue erected in honour of him. A EN AI V,EATLit.—A man in Undtrhill, N't. a few days since, for the sum of twenty-five cents, swallowed the head and a considerable portion of the neck of a large striped snake. having disposed of the head, for a more liberal compensation, he offered to swallow the remaining part of the serpent ; but the spectators were already satisfied with his perrortuance. The unsavoury meal proved rather difficult of digestion, but the stomach of this snake eater was less affected than dose of the astonished spectators. The man elements stated that the snake's head operated as a power fat eathar.ic, and did him two dollars' service.—Burl. VI. Sent. REASONABLE P•ort.E.—The following singular mar- 1 riage has recently taken place at Stansborough. A baker, married in 1810, and was soon afterwards obliged to join the army. lie was male prisor.er in one of the fret encounters of the enemy, and sent 300 leagues from the field of battle. In 1817, his wife, not receiving any intelligence from him, supposed he was dead, and applied to the tribunal for permission to marry again. This was granted to her, and she married Mr. B—. But the honey-meow was scarcely over, when the long-lost baker, J--, reappeared. However, instead of finding fault with what his wife ;tad done, he approved it, and obtained etniunt that be himself should take another wife. This he accordingly did, and lived very happily with his second wife until the month of June, 18'25, when she died in Rising birth to a seven th c hild. Fift ee n d a ys after, Mr. , the husband of J--'s first wife, thought pro per to bid adieu to this world; and on the '26th of last December, J— and his first wife married each other for a second film—Bosto n Daily Advertiser. A BUSHMAN'S SPOON.—In Burcheil's Travels in Southern Africa, the following picture of savage simplicity is given :—ln one house a little family group were drink ing their goat's milk from a leathern bowl, in a manner perfectly novel. Of all the instruments for conveying li quid to the mouth, a brush must appear the least adapted to such a purpose; hut with no other means than this, they empti e d their howl ; and perhaps they have discover ed, that the greater length of time which this mode requires prolongs also the pleasure of their meal. The brush was made of strong hair, and of a thickness sufficient to fill the mouth. The manner of using it was by dipping it into 6^ bowl, and sucking the milk out. STATR OF TRADE. [From the Leeds Intelligences of July 20.] We are extremely grieved to state that the prospects of reviving trade and of employment for the working classes, which appeared some time back in the manu facturing districts, have lately faded away, without leav ing almost a tinge of promise in the horizon 110 W im mediately before us. The accounts from Lancashire, ' and indeed from all places in which the cotton menu- , facture has been carried on, daily assume a more gloomy and lowering tone. The benevolent funds raised to relieve the distressed have been nearly exhausted, but the demands for succour, instead of being exhausted also, increase, and the pressure of the poor rates upon those pos:essed of wealth palsies the hand of Charity, while it urges those of , slender means into the swelling mass of pauperism. Some hundreds of hands (exaggerated reports say thousands) were last week thrown out of employ in Bolton, Black ' burn, &c. in addition to the multitudes previously in the same predicament. Later advice. mention that the time of the workers retained has been curtailed, in order to let the stock of goods still on hand diminish, before another glut is manufactured. It is likewise painful to find that these continued and accumulating sufferings of the operative claws begin again to curdle their patience. Symptoms of a very bad character indeed have manifested them selves in Manchester, to repress which too speedy and vigorous measures cannot be adopted, even with the view of serving the deluded poor themselves. Let these distressed creatures adopt, in good faith, every law ful and peaceable means of discussing and making known their grievances as well as of seeking relief; but if they wish to maintain or foster the spirit of Christian sympathy, with which their afflictions have hitherto been unanimously viewed and alleviated by the higher classes of society, this object can only be attained by avoiding every sort of tur bulence. Outrages on one side inevitably tend to produce callousness on the other. 'We therefore implore the un fortunate people, who have already borne their trials with such comparative loyalty and resignation, not to be seduced into an opposite course. While the high and the humble —the wealthy and the indigent—form a united commu nity, the privations of the poor can never be of long dura tion ; for the feelings and the interests of all combine in simultaneous efforts to remove the calamity. It is gratifying to us to reflect. however, that this advice has not been suggested by any overt acts of insubordina tion among the unemployed poor in the woollen districts of Yorkshire. In Bradford, which is anffering from pe culiar circumstances, many persons arc out of work, and trade is yet much depressed, but no improper disposition has recently manifested itself. In Huddersfield the unem ployed poor are also numerous and peaceable ; and in Leeds, as well as other places, the working classes sti 1 stiffer, but betray no intemperate feeling. We must, at the same time observe, that the distress in Yorkshire bears no comparison with that in Lancashire. The use of machinery has not been carried to the extra vagant height in this county which characterizes the chief seats of the cotton manufacture, and the people conse quently now undergo fewer of the baneful effects of sudden vicissitudes attendant upon over-trading. Unless our po pulation be thinned, or new or larger markets be opened, whatever increases the productive powers of our manufa turers, will also increase their losses and the miseries of the labouring poor. THE COLONIAL TRADE. HALIFAX, NAT 26. Our new Colonial Acts have been there some time in operation, but the system is by no means yet introduced; for every day legal difficulties start up to annoy and perplex our mercantile men. A very general opinion is beginning to prevail that they will be ultimately injurious to the Co lonies; but I am inclined to think this is adopted imma turely, and springs more out of the practical difficulties which are felt in bringing the laws into operation, than from any dispassionate or expansive view of their effects. Certain, it is, however, these difficulties are much greater than they might have been. Our Government did not act with caution in allowing the different collectors to interpret the law for themselves—specific and distinct instructions should have been sent out, relative at all events to the American trade. Halifax, you are aware, was shut in the first instance, and subsequenlly opened by older of his Excellency in Council, published in consequence of a representation from our Minister at IVashington. But, strange to say, per a late arrival from St. John's, Newfoundland, we learn that the Collector there refuses to admit American vessels under the new Act, 6 Geo. IV. c. 114, although he allows them to enter under the Free Port Act of Iti22. All articles which are not enumerated in this latter Act he will not permit to be landed, so that chapter 111 of the new system is, as re gards your trade with that colony, a dead letter. It ought also to be known to you that although pork, fresh and salted, are not admissible to entry under the New Act, this, according to flume's digest of the Custom Law, does not include " cured beef, to which salt has not been ap plied in the curing of hams and bacon." These articles are now admitted here, liable to a duty of 1.5 per cent. per cwt. ad valorem. In the trade, as it at present stands, American vessels have a decided advantage. On entry here they are charged tonnage duty of 4a 3d. sterling, or about 93 cents and 4d. per ton light-money, the very sum which our own vessels pay—making in all about one dollar per ton. All Custom house fees are now abolished. Contrast with this the charges on a British vessel entering a port in the United States. You demand first half a dollar per ton tonnage, half a dollar per ton light, Custom-house fees, and above all, on the amount of her cargo a discriminating duty of ten per cent. Now I cannot see upon what principle of justice Congress can refuse to pass the law now before them for equalizing the duties on British colonial vessels. It is a measure which equity as well as good feeling de mands from them. Lastly, I would beg leave to explain that the ad valo rem duties under the New Act, from the mode of calculation adopted, are greater than they nominally appear to be. For instance, goods subject to an ad valorem duty of 10 per cent. actually pay 11 per cent. ; 20 pays 22 per cent. ; 30 33 per cent. The colonial trade is at present so complicated, first by the existence of the old Crown duties ; second, by the duties imposed by the late Act itself ; and third, by the interference of the Colonial duties, that no merchant ought to risk a shipment till he understands tho roughly the whole system. DECREASE or CRIM E.—The decrease of crime in Sussex is at this time a matter of true congratulation to its inhabitants, and the highest proof of the efficiency of the police, the vigilance of the Magistracy, and the policy of its various public institutions. The school that educates the child, the society that apprentices the youth, and the institution that enables the poor man to provide for him self, alike contribute to this desirable end. To these may be added the excellent regulation of our prisons, and the effectual administration of the laws. The various associ ations, too, which individuals have agreed in the forma tion of, for the mutual protection of their persons and pro perty, tend in no small degree to prevent the perpetra tion of crime, by the certainty of prosecution. The Winchester Association for the purpose has been recently laid open to the whole county. A CURIOUS SPECTACLE.—A few weeks since, a gentle man in this neighbourhood noticed a very unusual flight of crows, who s-emed to be attracted from all directions to one particular spot on his farm, and an incessant noise and bustle agitated all that arrived. The gentleman took his gun in his hand, and crept towards the spot to ascertain the occasion, and to make a shot amongst them. On getting within view of the centre of attraction, he was amused to find the bustle to be occasioned by a battle be tween a couple of the,crows, who, notwithstanding his ap proach, fought on so obstinately, that they would not separate until ►he gentleman took hold of them with his hands, and carried the combatants home with hint.— Maryland Reporter. Wolves are caught in India, by the natives, in the fol lowing curious manner :—A deep pit is dug, and over it a kid or lamb is suspended in a basket, with a pot of water hanging above, having a small hole in it, through which a drop at a time falls on the kid, and makes it cry. The sound attracts the wolves to the spot, and when they make their spring at the bait, they fall into the pit beneath, which is kept from their view by being covered with loose green ICaNTS. *-....,!=••••Tr0m,ft... THE BRITISH PRESS. HOME CIRCUIT. Girmnroup, Jura . ' 20. CIVIL, sing. [Before Mr. Baron GRAHAM and a Common Jury.] LOWE V. 'moon/ . T. This Wi' an action of trespass, foe maing and Illegally distrain ing plaintiff's goods. Plea the general issue. Mr. AIARRYKTT and Jr. CIIIITTY conducted the plaintiff". cane; and Mr. Ou 'mar the defendant's. The plaintiff's case — sras in substance this:—ln November last, the plaintiff' hired a ready-furnished house of the defendant, at Peckham, on certain terms. In the memorandum of agreement the plaintiff was denominated as • Colonel in the army, but there was no proof that he held any such rank in the British or any other service. It was assumed, however, that he derived the title from the Government of Poyais, under the denomination of Colonel M'Gregor, the Cacique of • settlement attempted to be formed some years since on the Mosquito shore, in the hay of Honduras. On entering into possession, the plaintiff paid rent to Christmas in advance. In the beginning of February last the plaintiff went to Bath for the benefit of his health, and about the 24th of that month the circumstance occurred which gave rise to the present ac tion. The plaintiff's wife, who, with her daughters, remained in possession of the house after the plaintiff went to Bath, directed Mr. Dale, a music-seller, of the Poultry, to send down a proper conveyance to remove to London a hired pianoforte. Mr. Gale accordingly sent down a carriage for the purpose, and the instru ment having been placed in it, was carried a few paces, when the defendant met the machine, and directed it to go back again to the house. He then procured • constable, and caused the instrument to he restored to its place in the house. Next day, which was Se turday, he put a man in possession of the house and furniture. On the following Monday the plaintiff returned from Bath, and caused the man to quit the house. It appeared that there were boxes in the house containing property belonging to the plaintiff, and of which the defendant had no right to take possession, there being no rent actually due. Under these circumstances the action was brought. On the part of the defendant, it was asserted that the plaintiff had no right to assume the rank of Colonel, and that he had been an insolvent since the alleged trespass. Attempts were made to impeach the plaintiff's respectability on other grounds," of which there was no proof. The trespass complained of was not denied, but it was insisted, that if the plaintiff was entitled to a verdict, it could only be for the most triffilig damages. The Jury, under the Learned Judge's directions, returned a ver dict for the plaintiff—Damages One Shilling. SAME V. SAME. This was an action by the same plaintiff 'pima the same de fendant, for defamatory words, importing that the plaintiff was a -windier and a robber. Plea the general issue. This action arose out of the transaction which was the subject of the preceding cause. It was proved by a female servant of the that when the defendant entered the house to seethe piano forte repined, he said, " It was a swindling transaction ; it was a complete robbery ; and that he understood Colonel L owe had been in the King a Bench prison once, and that he (defendant) would have him there again." The declaration averred as special damage, that by reason of the speaking of these words. seve ral tradesmen, who had previously supplied the plaintiff with goods, had refused to do so any longer. The words, as laid, were proved by Charlotte Johnson, the plaintiff's servant. She stated that until the plaintiff's departure fur Bath, his tradesmen's bills were, to the best of her belief, settled weekly, and that credit had never been refused by them to her master. Mr. White. a surgeon of the neighbourhood, proved that the defendant had said to him that " it was a swindling transaction." His evidence went no farther. . . The baker, greengrocer. milkman, and publican, who had been in the habit of supplying the plaintiff, were then examined. Each of these persons positively denied that the defendant had ever said any thing to then , which had induced them to withdraw their con fidence in the plaintiff ; and none of them proved the slanderous words laid in the declaration. The milkman stated, that the plain tiff left Peckham in his debt to the amount of I/. 19s. 2d., which had not since been paid ; and the publican stated, that he ceased to sapply the plaintiff because he could not get paid, and that the plaintiff left Peckham owing him ii!., which had sever yet been paid. It was submitted, on the part of the defendant, that supposing the words to be proved, still they were not actionable in the absence of proof of special damage, which it was contended had been com pletely negatived. Mr. Baron GRAHAM was inclined to think that the words proved were actionable, particularly those which imported that the plain tiff was guilty of robbery, but left the Jury to say whether they were used in a felonious sense ; for if they were, the plaintiff was entitled to recover such damages as appeared to the Jury to be rea sonable. The Jury immediately found their verdict for the defendant. ArKINSON V. PARKER. This was sn altion brought by the plaintiff, to recover the value of some fox-hounds, alleged to have been sold to the defendant. The plaintiff is huntsman to the Union Subscription Pack of Fox hounds, in the county of Surrey; the defendant is a sporting gentleman of property. residing at oldhouse, not far from Wor ceder. In April, the defendant announced his intention of raising a Subscription Pack of Fox-hounds, to hunt the county of Worce•ter, and, as is usual in such eases, caused advertisements to be Inset-L(1 in the Sporting litegreme and Li/ In London. The plaintiff having seer, these advertisements, immediately wrote to Mr. l'arker, informing him that he had ten or ten and a half couple of fox-hounds to dispose of, of all ages, but said nothing as to the price of them. The defendant replied to this communication as fullows " Old House, April 29, 1825. " Atkinson—l received your letter yesterday, and feel obliged for your offer of the hounds, which I shall be very glad to have ; ' and if you could hire a man in your neighbourhood to bring them, I will pay every expense. If you will write to me the day you start them. and tell me the price, which 1 hope will not be very great, I will send you the cash by return of post, and return the couples by the man ; but in case you cannot get a person to bring them, I will send a man to you for them. I wrote to you three weeks since, and directed to you as ' Huntsman to the Union Fox Hounds, Sussex,' a direction which Tuck gave me. Should you come into this county at any time, I shall be glad to see you, and will give you a mount whenever you like. " And I remain yours, &c. &e. "JOHN PARKIN. " Mr. Charles Atkinson, Huntsman, Fetcham Kennel, Leatherhead, Surrey." The pl iintiff, agreeably to this order, employed a man, named Airy, a postman. to take eight and a half couple to Mr. Parker. The night before they started. plaintiff wrote to apprise Mr. Parker of his having clone so. and also mentioned that the price would be three r unds, or guineas, the couple. Airy, the postman, took live dais to go with the hounds to Worcester; but as soon as they arrived there, Air. Parker found fault with them, aid said they would be of no use to him. He finally prevailed on Airy to take the hounds back, giving him a receipt, and also enclosing a sove reign, in a letter which he sent by Airy to the plaintiff, and of which the following is a copy. " Old House, May 14,1825. " Atkinson—l am sorry you have been at the trouble to send the hounds, as I find they are of no son of use to me; the old ones being worn out and too slow, and the young ones very very much too small. I have, therefore, enclosed you a 11. you gave the man, and have given hint 1/. 10s. to pay his expenses home; and what. ever loss you may be at in sending the hounds to me, I will readily make good to you, but I hope it will not make any material differ ence to you, as you have been offered so good a price for them; and I remain yours, &c. 1 JOHN PARKER." The hounds, on being brought back, appeared to have been con siderably the worse for their journey. The weather was intolerably hot at the time, and the fatigue of travelling so great a distance reduced their condition to that degree that the plaintiff was under tho necessity of selling five couple and a half for 12/4 two couple and a half were knocked on the head, and the remaining couple were kept in the kennel to breed from. Airy, the postman, proved that he went with the hounds to Worcester. and the effect of the journey in injuring the dogs. James Crouch, feeder of the Union Hounds for twenty years, stated that he was acquainted with them ; that before they were sent to Worcester, they were well worth 3/. a couple ; but that they were very much reduced in valise when they returned. Mr. Morton stated that lie lived at the Derby Arms, in Croy: don ; that he purchased live couple and a half of the bounds in May last, for 121. They went reduced in condition, but if is pod condition, would have been well worth three gulasees a Mr. AIML rn cs, for the defendant, olotended, iz of the bargain not bein g . complied with—namely, that Ilet not being of the description that the defendant wanted, he bad a right to say that he would not take them; that in sending them back, and paying what he did towards defraying the charges and trouble of sending them, be had acted fairly and justly ; and that no imputation could possibly rest upon his conduct. The Jury without hesitation fouud a verdict for the plaintiff— Damages, 151. WESTERN CIRCUIT. EXUTIR. T nu RSDAY, JULY 20. The Commission was opened here last evening, when the Judges arrived from Sidmouth. attended by Lewis W. Buck, Esq., the High Sheriff of the County. Mr. Juiviee Oman sits in the Crown Court, and Mr. Justice Llttledale presides at the Civil side. The calendar is unusually light. But thirt-two teufree and thir teen Special Jury cases are entered for trial In the Nisi Prius Court. The Attorney-General is engaged in some of the latter, and is ex pected to arrive here early next week. Many of the eases are likely to occupy a day or more each. CROWN SIDE. Jahn Lark was indicted for stealing an axe and chisel, the pro perty of William Bright, in the parish of Bideford. He was also indicted for stealing a rope, value 65., the property of John Evans, at the same place, on the following night. The prisoner was found Guilty of both charges on the clearest testimony. It appeared that the prisoner's habits of thieving were quite inve terate, as he had been convicted of stealing on different occasions. At one Assizes he was sentenced to be impriaoned ; at another to be imprisoned and whipped ; and at the Quarter Sessions he was sentenced to be imprisoned and placed in the stocks. The prisoner was now sentenced to be transported [for seven years. William Perrlamn was indicted for stealing 101bs. of iron, the property of W. Honeyman, of Boneytracey. It appeared that the prisoner, who is a young lad, was In the service of the prosecutor, a respectable corn-desk', and that the property named in the indictment was stolen from corn-loft, and given by the prisoner to the prosecutor's sons, the eldest of whom did not appear to be above nine years of age. The prisoner induced the children to take the iron to a blacksmith's, and say their mother sent it to sell. The blacksmith paid Ind. lime the iron, which the prisoner afterwards had from the children. The learned Junce strongly commented upon the depravity which the prisoner evinced in inducing his master 'a children to go to the blacksmith with a falsehood on their tongues. The prisoner was found Guilty, and sentenced to be kept to hard labour, in the House of Correction, for four months. James Pyne and Thomas Glanville were indicted for breaking open the house of John Vildey, of Faradan, and stealing therefrom various articles of wearing apparel. The prosecutor and his family went to church on Sunday, the 14th inst., and in their absence the back door was broken open,and the property in question stolen. It was afterwards found in possession of the prisoners, who, not having been able sat sfactorily to account for having it, were found CIVIL SIDE. [Before 11Ir. Justice LITTLE DAi.E.I LEAMAN V. lIANI LYN. This was an action in replevin for en illegal distress, alleged to have been made by the landlord ( Hamlyn ) on the tenant (Leaman). The landlord avowed that he made the distress for the rent due. To this avowal the tenant pleaded that the proceedings in the dis tress were taken in reference to the tttkh of September, whereas the tenancy, by the terms of the written agreement, was from the 24th of September. Another ground on which the tenant relied was, that a relation of the landlord's remained in possession of a cottage on the land. On the part of the landlord it was replied, that the 24th of September was inserted by mistake for the 29th, and he was willing to admit he had no right of rent for those five day,. He was also willing to allow a deduction fur the cottage held by his relation. Verdict for the landlord fora year's rent, 1281. = - MIDLAND CIRCUIT. • • • --- • • LEICELITEa t JULY 20. . At twelve &Week the Grand Jury were sworn. The Loo CHIEF JUSTICE briefly addressed them. He had no particular observations to make, as the state of the calendar re. quired none. The prisoners were comparatively few, and the crimes only such as were of usual occurrence. If, however, the Jury should feel any difficulty in any of the cases to be presented to their notice. he would be happy to lend them his assistance; but he ra ther thought they would not require it, as most of them were gen tlemen conversant with the duties attaching to their present situa tion. They had now only to proceed to the discharge of these duties, which the country would thank them for discharging with strict impartiality and despatch. John Shipley, alias James Shipley, alias James Filen, was capi tally indicted for having stolen un t:te 22d "lay last, at Belgrave, in this county, • grey gelding, the property of Thomas Stanley Needham. Taylor Sharpe, a farmer and horse dealer, at Melton. deposed, that on or about the 23d May last, the prisoner offered him the horse in question for sale, alleging that he had the evening before bought him at the fair oeltowelt. The witness offered Int. for the horse, but the prisoner said he would not take lees than ele:en pounds. This excited the suspicion of the witness, for if the horse were sound he must be worth much more, and if stolen, why the prisoner would be glad to take any price for him. In consequence I of these suspicions witness detained the horse—had him advertised, and in a few days after the present prosecutor came to look at him, and claimed hint as his property. I Mr. Needham deposed to the horse being his property, adding that he had cost him above NIL _ The prisoner made a rambling defence, and the story he told seemed on the face of it altogether unworthy of belief: Several witnesses gave him an excellent character, but the Jury immediately returned • verdict of Guilty, strongly, however, re. commending him to mercy, u did the prosecutor. The Loan CHIEF JUSTICE observed, that he would not be inattentive to the joint recommendation of the Jury and the pro secutor ; but where crimes of this nature were so often perpetrated, he at present considered the law should take its course. cure heavenly mercy. His Lordship then pawed septettes of &vita in the usual form, and he was left for execution. . CIVIL SIDE IN THE CROWN CaTLIRT. Mr. Juatice BURRO con then proceeded to ay causes rroto tho CAM paper. THE XIEG v. JOHN OHRE. Thin was an information tiled by his Majesty's Attorney-G*4M aglinst the defendant. who had been employed itNi gauger it the excise, on the middle %Veld) ride, and it was his duty to gage only, and to transmit an account of the quantities' f ale gasold4 ton collector. Instead of confining himself to thisdcpaitrnent, lid had extorted from a person in his district, a Aim of 31. k., ihou the real amount or the duty was only la. Mr. SHE rn ER o conducted the prosecution. Mr. RICHARDS appeared for the defence ; and alt sump' wet made to show that the prosecution was melioions, but it was ineffectual. The Jury found the defendant Guilty • and be will be breegliti Hp for judgment in the Court of Kings' 'Bench, nest Alielseeleese Term. _ . NORTILEIINIit. tutor 10. TALL v. SEIL4kE. Mr. PARK opened the pleadings. The declaration stated that the defendant was the proprie.or of a pobffc stage coach, and era gaged, for a reasonable hire and reward, to convey the plaintiff as an outside passenger from Richmond to London, bat that the de fendant, not regarding his duty, had only conveyed the plaintiff , a part of the way, and the plaintiff had thereby been compelled to take another conveyance. There was also a count in doter, foe a bag, containing clothes and books. stated the plaintiff's cue to the J_rtry. M. %Vir.r.raws From the evidence it appeared, that the plaintiff had 1 .1 1 visit to a Mr. Bell, at Richmond, in Yorkshire, and balm to return home, had applied at the coach-office Mew ant an outside place on the coach, of which the defendant was part proprietor. The coach accordingly took up dui gibigiff Lb& following mrirning, and carried him as far as IRlpam. - Tho had not paid his fare at Richmond, as it was tiammory ti ties fire-wt Ripon. Previoulyna the arrival of thadisesiese Mime, t h e • plaintiff had learnt that he should be delayed et Leeds a day before he was sent forward to London, and upon stating to the eoariroan that the delay would be inconvenient, he had been informed that ' he could go by a coach from Ripon to York, and from thence misfit go the same evening to London. Upon the arrival of the coach at Ripon, the luggage was taken out and placed upon the learnment, as the coach wan there changed, and the passengers forwarded to Leeds by another coach. The plaintiff took up his bag and was walking towards a coach which was just setting off, when the de fendant, who drove th e L ee d s coac h, approached him, and de manded in. as the fare front Richmond to Ripon. The plalatiff refused to pay it, alleging that as the defendant bad broken hi en gagement to carry him to London, he (the plaintiff) ought not to pay anything for the distance he had already gone. The defendant then took the plaintiff's hag and drove off with it to Leeds. This was the pla ntiff's case. Mr. SCAR LET T, for the defendant, submitted that the plaintif f ought to be nonsuitetl. No case hid been made out for the plaintiff. The plaintiff had taken a plaCe by the defers. dant'a coach without asking at what time it would arrive to London, and by that coach the defendant had been ready to convey him if lie had continued in the mind to go by it. Besides, if a eye• vial contract had been made, the defendant had himself relinquished it, because, before the coach had arrived at Ripon, he had declared that he should take the coach at York, and go from thence to Len. don. On the trover count he would submit that the defendant bid a lien on the bag, if not fur the carriage of the plaintiff from Rich mond to Ripon, at least for the carriage of the bag. Mr. 'WILLIAMS contended that, when a man took a place in a stage-coach for London, the understood meaning was that he should be taken there directly. But in the trover count the plaintiff' WAS clearly entitled to a verdi c t, b ecause , es en if th e defendant had had a lien on the bag. that lien had been abandoned by the possession of the goods having been parted with by the carrier. Mr. Justice PARK was of opinion that the plaintiff had not wade out his case. If the plaintiff had bargained with the defendant to be conveyed to London within a specific time, then indeed the ease would have assumed another appearance. But he bad merely bar gained to be carried by the defendant's coach to London, and there fore could not insist upon being carried sooner than, according to the course of the coach, he would be. With regard to the trover count, he thought that the defendant had a lien on the bag, nor did he think that the defendant had ever parted with the possession. The bag had merely been placed on the ground in its transit train line conch to another. Ile should therefore direct the plaintiff to be nonsniied. Plaintiff nonsuited, with leave to move for a verdict with a shil ling damages, the defendant undertaking to restore the bag. DUKE OF DEVONSHIRE v. LODGE. (Refire a Special Jury.) Mr. TINDAL opened the pleadings. The declaration stated that the defendant had broken and entered the free chase and warren of the plaintiff, and had destroyed great quantities of game therein. Plea, general issue. Mr. SCAR I.ETT stated the case to the Jury. The aintiff, In this action, had been compell e d to resort to • Court of hew, in or der to establish his rights to a species of property which bed for ceuturies been possessed by himself =a his anuatora, right to a free chase and warren in die Forest of Langstrothdale, in that county. The forest had, in very early times, been veined in the Kings of England ; but in so early a period as the reign of Edward the Second, had been granted to the Earls of Northain berland. By family settlement it had next been transmitted to to Clifford, Earl of Cumberland ; from him it had passed to the Earl of Burlington ; and from him it had passed to the ancestors of thaCa vendi.h family. By that means it had descended to the Duke of Devonshire. the present plaintiff. The Forest of Langetrotbdale was situated in Craven, in a remote part of the county of York. It was on an elevated mountain, but was itself a small vat ley, comprising several hamlets. It would appear that, in early times, the family that possessed it had owned the moos by which it was surrounded, hut that in the course of time thewhols had been parted with, except the of about 40 , Re OXFORD CIRCUIT. SHREWSBURY, JULY 20. CIVIL SIDE. PIGOTT, CLERIC, V. BAYLEY. The Court was occupied the whole day in this, which was a tithe cause of no public importance. It was an action brought by the Rector of the parish of Edmond, in this county, nominally to re cover penalties under the statute, for not properly setting out the rectorial tithes of Hay; and the question was whether, in this pa. rish, there was an immemorial usage for the Rector rot to take his tithe of hay, green qua grass, in the tenth cock, but qua perfected hay in the eleventh cock. or coil, as it is celled in thin county. There was nothing very particular in the case worthy of notice; but it so happened, that a huntsman, biloriging to the Rector, was called as a witness in support of the immemorial custom. This circumstance excited some remarks, and the `• Parsou'shuntaman" was harped upon. Mr. CamPirtral.,.who was for the Rector, thought that such re marks as were made might be quite as well left alone; for there was nothing indecent or improper in a clergyman keeping a pack of harriers ; and it so happened in this case, that there was immemo rially a hospitable usage for the Rector to keep hounds, in order that his sporting neighbours might be entertained in their leisure. Mr. Tau NTON altemards remarked that he by no means found fault with the reverend plaintiff for keeping a pack of hounds. He ,very much admired hunting, because he thought it as noble as it was a healthy amusement, and he would much sooner be enjoying that sport at the present moment, if he were a sporting man, titan then addressing the Jury. Mr. CAMPBELL remarked that his Learned Friend would be on the wrong scent. The Defence then proceeded, after which Mr. CAMPBELL opened a reply in full cry, which finally gained " remarked. possession . _dame. him a verdict. He reins. .._ ~ among other things, thst it was s h ou ld s h ow t h e J ury to.. day, that tram the very earliest times. evident, from our law books, that there was nothing extraordinary respecting which evidence would be collected, the proprietors of even in a Bishop keeping a pack of hounds • f or it w a s written— Lengstroilulale had exercised the rights appertaining to a royalty. " So, if a Bishop have hounds, and die, the King shall have them, His Lordship would tell therh, that by the law of the land a and not the Executor." If his client, therefore, was hereafter royalty of that kind embraced every inferior species of royalty, it preented to a Bishopric, his Majesty would take these hounds eluding a free warren. A free warren gave the . right to the par. that had been the subject of so many remarks, after his death. [ridges, moor game, and other game of that description. A cheer gave a privilege to kill deer, and the higher species of game, and Mr. Baron OARROW, in summing up, remarked that he saw nothing improper in the plaintiff keeping hounds, fix such a a forest included both the others, and was of toe highest descrip practice was one of those simple l u x u ries which enabled the hos- tion. He should begin by showing to the Jury, that during pitable gentry of this country to extend enjoyment to their poor as the minority of the Earl of Northumberland, in the reign of well as their rich neighbours. Edward IL, the King, who had a right to die wardship of The Jury found for the plaintiff; and Mr. Campbell, on the the great Barons, who held by knight service, had appointed an part of his client, was content to take a verdict for forty shillings o ffi cer to preserve the rights of the chase and arest, and that eel. only. Mr. Taunton has liberty to move on a point of law. dance would show not only that it had then bees a forest, but that CROWN SIDE. it had been vested in the Northumberland family. He should also CHARGE OF MURDER. show, that in the reign of Henry VIII. a similar officer had been Esther Nos, a young woman, nged eighteen, was indicted for appointed with a salary, and that in his appointment the former the wilful murder of her new-born male bastard child on the 31s: appointment had been recited. He would also show them, that at of Max last, at the parish of St. Leonard, in this county. that time Courts, called Swainmote Courts, had been held, and Mr. RYAN conducted the case on the part of the prosecution. that those Courts were peculiar to a forest. He should then tap. He stated that the unfortunate prisoner, who now stood at the bar, proach a period nearer their own time, and they would find, that in charge 1 with a very serious offence, had been in the habit (gesso- the year MOO, the Eeri of Cumberland had granted leases for life elating with a man named Henry Bower, and they lodged together of the property of which the forest and manor consisted ; sod it in the house of a Mrs. Lydiard, in the parish of St. Leonard.— would be of great importance for the Jury to attend to Shortly previous to the day stated in the indictment, Mrs. Lydianl those leases, because in them they would find an express reserve. observing the increasing size of the prisoner, taxed her with being tion of the forestal rights. It would appear that a few years pregnant, but she laughingly denied it, saying, at the game time, nfierwards, whilst those leases had subsisted the owners had parted that if it were so she should soon know it. On the 31st of May with the possession of the fee, and he would give in evidence a the prisoner went in a great hurry towards the privy of the hoose, counterpart of one of the conveyances, in which they would find a apparently ill, and accompanied by Henry Bower, her paramour. recognition of the right now sought to be established. It was re. After some time she came out, and then Mrs. Lydiard taxed her markable. too, that the quit rents reserved on thatocession agreed with having given birth to a child. She did not deny the alleys. exactly with the rents reserved under the leases. from the year tion, but confessed it, saying that it had fallen down the privy, Ifenl, op to the present moment, the only part of the soil which and she heard it thine once. Under these circumstances, the had remained In the possession of the ancestors of the Duke of Learned Counsel left it for the Jury to say whether the psi. Devonshire had been forty acres, which had been retained for the soner was guilty or not, of the very serious charge which had been purpose of breeding deer thereon. Since 1718, the keeping of imputed to her. If they felt thislightest doubt of her intending deer had been given up. hut they would find an important (got, to murder her unfortunate little offspring, he recommended them viz., that the Hulk , , though not the owner of the soil, had con. to acquit her of the capital charge; but he thought there would be stonily granted the ri a t'it of killing game on the waste—a right sufficient evidence to convince them that she had concealed not only which the Lord of be Manor could not grant, but which wee her pregnancy but her parturition. grantable only by the person possessing a free warren and chase. The prisoner being without Counsel, Mr. C. PHILLIPS, with Notwithstanding that, only 40 acres had been reserved, he would generosity and humanity, undertook her defence. show them that as far back as human memory went the Duke of De. Mr. Mutt then called files. Lydian], the woman with whom the vooshire had constantly appointed a person to preserve the forestal prisoner lodged, and she supported the statement of the Learned rights, and that when they had not granted a deputation. Lounge]. they had given tickets, which entitled the holders to shoot over Aan guts was afterwards called, who proved that the infant the whole of the proper:y. To the right now claimed there found la the privy woe full grown and therefore there could not be had only been one instance of resistance before the present, and that any ground for supposing that the prisoner's case was one of pre- had been made by Mr. Liver, a magistrate of the county, who had mature delivery. He then proceeded to detail that the child must owned land on a part of the forest. An action had been brought have been born alive, and gave as a proof of it the long exploded against Mr. Lister, who, after giving the subject a further consider and erroneous test of the lungs floating in water. atian, had thought proper to drop his resistance, and the action bid Other witnesses were called in further proof of the case. never been brought Into Court. The late Duke of Devonshire had Henry Bowers was called on his recognizances; but did not ap. been in the habit of giving the deputation to the late Duke cf pear, and they were retreated into the Exchequer. Hamilton, at that time Lord Archibald Hamilton, who in his Mr. C. PHILLIPS submitted an objection In point of law, that younger days had resided near Lancaster, and to him the right to as there was no pretence for supposing the capital charge was made grant licenses had been given. The Duke had been a good-natured out, so it wag equally impossible to conterd that the unfortunate man, anti he had given orders that if any of the tenants wished toe woman at the bar was guilty of concealing the birth of her child, a brace of birds, they should not be prevented from tat ing them for it was manifest that Henry Bowers, her paramour, was present but he bad constantly ordered that strangers should not be allowed at the birth. to shoot. From 1807 to 1818 the Duke of Devonshire had not Dlr. Justice BURROW:3II overruled the objection, and charged granted the deputation to any one; but had given tickets, with his the Jury. seal affixed, to his agent, who had given the tickets to those gentle- She was found Guilty of concealing the birth of the child, and men who applied for leave to shout. It would be proved that per. sentenced to six months' imprisonment. sons holding those tickets had been in the habit of shooting, not The trials of the prisoners were concluded at twelve o'clock. over the Duke of Devonshire's land, for he had none, but over the of horse-stealing, whole forest ; and that no person besides had ever been per was' b e ro nr rig ii h r t ° U n p a L iab rec l ei in v e e d? t d he c° la n s v t ic a te w d ful Y s s en te r t en a ce of the law. On mitred to do so. From 111111 the deputation had been granted being placed at the bar he appeared infinitely agitand. to Mr. Itarnsiden, who had used it in the same way. It Mr. Justice Bun SOUGH, after placing the fatal black cap upon did sometimes happen that a right of this kind was exercised in his venerable head, proceeded to pass sentence , He told the pia- harsh and offensive manner, and he allowel that it was most na saner that it was the determination of the Judges of the land, in the tural for persons who had perhaps purchased their land without faithful discharge of the painful duty allotted to them, to stop the being aware of this free warren, to te. I sore at being told that nut crime of horse-stealing, which had now become so frequent ax to only had another person a right to the game on their land, but that requite determinate repression. The prisoner had shown, by his they should not be allowed to shoot en their own land themselves. conduct, that he was unsusceptible of reformation, for it was but But he believed that there was no man alive who was more solid. two years since he had stood at the bar which he now occupied, tour than the Duke of Devonshire to render the exercise of such a charged with and capitally convicted of the same offence that had right as little oppressive as possible, and this action had only been been clearly proved against him opon the present occasion. It be- brought because Mr. bodge. the defendant, had given notice that came therefore imperatively necessary to make him another terrible he would mist the night, and 'quid only submit to the deeteton of example to deter other offenders, lie could not hope therefore for a court of law. He admitted that if the land had been granted any remission of his sentence again—the doom 01 earthly mercy away, and the forestal rights had not he. reserved, or it, when re. were barred against him, and he had better therefore turn to the y e _ se rved, they had not for a Crest length of time been exercised, thi s ilgious consoler of the gaol in the hope of finding the means to pro- a ction must fail; but Ito had no d.mbt that the eviden..e ivot.id fell end en. U.S M. tst• tars the the ted ex- ing of e of yid the ms igi lay the Feet na rch the Wr. he ow Ras ter gie an