The Sun. — London, England, 1812-07-03 00:00:00

LAW R 'AMU. COURT OF KP G'S TIENCII,.JULY !. CHAMBERLAIN V. GAYTAN This was ail action,hrought, to recover' com rsat;on in damages toyi-an injurN''susli.'ned by the plaintiff, by reason of the negligence of the der - slant. The plaintiff was a respectable Master Builder reiding at Edmonton, and the-defendant the Pro rietor and dtiver of one of theEdmanton coaches. It appeared on the part of the plaintiff, that on the 28th of April last, he mounted the defendant's, viach as an outside passenger, in Skinner -street, to go to Edmonton. They had proeeeded as far as , the Angel Inn, at that placc,-when - the de fendant got off the box to let a lady, who was an inside passenger, out, leaving the homes without, any person to take care of them. The horses to , k fright, "galloped 'off, and the plaintiff, who was till then sitting on the roof, got upon the coach-box;' and leaned forward to• recover the rei;‘s, which he at last succeeded in doing, and in some degree checked the speed of the horses, but at the sameinstant was thrown under their feet ; and, as it appeared upon the evidence of.a Sur gym, receiverta very severe lacerated cut over the right eye, three inches long, and- very deep. In consequence of-which, the Surgeon attended him for three weeks ; .for• . one week of which period he-Was totally unable to go about his ordinary baAiness. The defence was, that the defendant bad not left his horses unnecessarily, or for a longer time than .the, occasion required, he having merely alighted to let the lady out, and assist in taking out her parcels. Lord ELLENBOROUGIT however,held,that persons engaging to carry others by stage coaches, were bound to take every necessary precaution to insure the safety of their passengers, and take care that they went away uninjured through any negligence,. of theirs. If it was. impossible for a driver to carry on this trade without quitting the box, it was his duty 'to have some person with him, to whom, during his temporary absence, he could entrust the care or-his horses. The present came of action arose from the want of that precaution, and the plaintiff was entitled to such damages as the Jury should think a fair and proper compen3a tion for the injury he had sustained. - .The Jury immediately found- a verdict for the plaintiff—Damages 201: and4os. Costs. JOCIS BACON, WI. V. RENS' AND ANDRZW. This cause was tried at Westminster Hall on Monday last, before. Lord Ellenborough and a Special Jury, and the decision is of considerable consequence to Landholders at the present mo ment, especially when the general Incin•lre Act lately passed, is so much the topic of public interest, The real question submitted to the Jury in this cause, was whether the plaintiff as proprietor of freehold land, to the amount of upwards of 600 acres, situate in the Manor and Parish of Friern Barnet, in the county of Middlesex, was enti tled to Common of Pasture on Finchley Common or not. The Commissioners under the Act for inclosing that COmmon, bad previously determined, that the plaintiff's estate in Friern Barnet, did not confer on him that sort of _right of Common, cn Finchley Common, which should entitle him to •an allotment, proportionable to his Estate under that act. The Jury, however, after a most full and ef fective investigation* , f the evidence'for and against the plaintiff's claim, decided in .favour thereof, thus - negativing the previous determination of the Commissioners. By this verdict thererore, the owners of Free hold Estates, situate within the Manor and Parish of Frient Barnet, will be entitled to proportionate allotments of Land under the Finchlty IncloSure Act. THOMAS LERMITTE, ESQ. MSAINST REIM AND ANDREW. The question in this cause arose in consequence also of a similar rejection. of claims to allotments, under the Finchley inelosure Act, made by the owners of Copyhold'tst les, situate within the Manor of Friern Barnet. • As to this question indeed, it appeared that a vettliet establishitig.the rights of Common 'of the Capyholders had been obtained, so long since as the year 1696, and this fact being incontrovertible, and the oral testimony supporting the continual usage, the defendants in this cause consented to a verdict for the plaintiff. By this verdict therefore, the'rights of all the Copyholders of the of . Friern Barnet, to allotukents- on . Finchley Coin= mon, proportionable to their several holdings, are est Wished. . . SIR W. CURTIS, BART. V. REW AND ANDREW. This was ::u action on a. similar question of Common Right, namely, whether the, Plaintiff, as Propreter or Freehold Land, situate. 'within the Marir of Hollick, (being a. Manor within the Manor of Friern Barnet,) was also entitled to Right of Common on Finehley Common—of 'course evidence similar to that-adduced on the precedingtrials'would determine the question, and accordingly in this action also, after the most minute Investigation of the testimony .of several persons'far advanced in years, the previous deter mination of the Commissioners under the Finch -ley Inclovre Act was negatived. And thus also the :Freeholders of the Manor of Hoilickare de ci.ied to he, entitled to, proportionable allotments Am the said CQ111111011: COUR OF Car,: : - )N PLEAS, JUNE 30. FETHER V. WITHERS. This was an action brought against the de ft.•ndaqt, SherCs Oeir:er, on .an undertaking ea -1.1i.0 with the plaintiff', respecting a bill of cx, nr.ng - e for 741. accepted by a. person named ...13 - f some mistake-the bill had been h) , and the dtleadaht agreed to. pay it, if it, %.,•;:re net recovet•O fewn other parties. The ob. wqs to bear the plaintjif harmlesS from any. s .,:sts attached to the hiii, and to pay the amount.: zri~r~ LONDON! ninted by Ti At, the Svii 'Obkri Nts,, There Were tither itemt iti this demand ; viz. for Wine sold and ' delivered, dinners,' and a debt due from a Mr. Fry, which the defendant pro 7 imised to pay s making in the *h o le th e sum 1281. The transaction respecting th e un detaking took-place about July 1808, and the actiou Was brought recently. . The transaction implied that the hill had been left ,with the de fendant, or else there was no proof of -a debt, or reason . why the defendant should give the under taking. Two ktters were produced, Which had passed between the parties. The defendant in one of 'then cared on the 'plaintiff to pay half to wards a bill' of 1141. coming due, and the plaintiff, in his answer, dated the 7th of August, 181,0, said he would send 40/. and the remainder in the course of the next week. The jolter transaction was two years after the defendant had promised, by his undertaking, to pay the plaintiff 741. not withstanding which, in his letter- he had said nothing about that sum. - The question for the Jury, under these circumstances, "was, whether;' from fiat whole of the evidence, . and the. length of time which had elapseft,-the Jury could pre- stune that this claim ,made by the plaintiff had not been discharged. The cVnnand for wine•and dinners was proved by the defendant in his letter.' The Jury found a verdict for the,plaintiff.----Da mages 541. , kr OLD BAILI,Y, JULY 2. John Bowman was brought to the bar, indicted for stealing in the dwelling-house of John Wat kins,. a bank-note, value 2/. the property of . Samuel Smith: The Bank note, which had a particular indorse ment upon it, was found disposed in the crown of the prisoner's hat, where he was at work in the employment of Smith. The prosecutor recognised the note immeAlate ly by this .mark; and a servant-girl proved that she had deposited the same in a drawer pertaining to Mr. sinith. The,prisoner - in his defence, asserted that the note had conics, he believed, accidentally into his hat, for he always kept this part o f his dress ly ing an inverted position below the bench where he followed. his Occupation : of a painter at. He asserted that the prosecutor had subpoenaed him to dive evidence in AVeltnilis'ter hall, in a cause whercha he appeared as a party, and delivered him in writing what he was expected to say as evidence. Justice GIBBS cautioned the prisoner against indulging himself in observations which he was not prepared to substantiate by evidence. The prisoner said he could prove the whole, but he required first co he acquainted with the Attor ney of t e prosecutor before that he could pro-. ceed to ihat part of his defence. . A number of persons were called to character, who did not pretend to give the prisoner a cha racter particular for its excellence. fustice GIBBS, in narrating tl..e evidence to the Jury, particularly pointed out the clearness of the guilt of the prisoner. . The note had a:particular mark known to Smith. Ile 'delivered it to Ann Robinson to giveto her Mistress. She deposited it in a drawer. It was discovered to have been taken from the drawer, and after some search, it was found secretedin the crown of the prismer's hat, who immediately exclaimed to the Officer, " You have put it there:" The circumstances of guilt were clear. The Jury vrere.desirous to know , whether the note Was a good Bank-note or not. Justice GIBBS said, it became the prisoner's Counsel to prove that the note was a bad one, at present its authenticity stood unimpeaohed. The Jury,. after considerable hesitation, pro nounced the prisoner—Guilty. Ann Tewkey and Margaret IV' Ginnifstood in dicted for, stealing a piece of' cambric, the pro perty of William Prosser, privately in his shop. The prosecutor was standing behindilis counter, and the - prisbners came in and desired tO look at, some trimming. Several pieces.of cloth were: lying upon the table, and the piece of cambric amongst them. He happened to hear.the rust ling of 'cambric, and tinning about, ulscovered that the piece of cambric was wanting. He challenged the prisoner concerning it, and imme diately he found the piece dropped upon, the floor beside them. Five respectable-looking persons bestowed a character of some value upon Ann Tewkey2 The Jury found a verdict of :acquittal to Tec% key, and foimd M'Ginnis Guilty of stealing, but not privately. Martha Hodgson and Sophia. Giles stood indict ed, on suspicion of having stolen a silver-watch, with gold seals, a shawl, and, other property, be longing to Mary O'Conncir. The , proseeutrix kept a Lodging-house, in, ,So mers7street, and Martha Hodgson rented one .of her rooms : during the period of her continuance there, Giles was in the habit of visiting her, com panion. The prosecutrix, froth time to time, lost several articles of wearing apparel, and at last she missed_, hei watch from a trunk wherein it was deposited. , The officer who took the prisoners into custody searched them, and found a handkerchief, a pair of stockings, &c. .to the prosecutrix, in, the custody of Giles. One 'of the Risoners said, that Mary O'Connor canie home intoxicated at time that she was accused. The. husband of the woman was,.ac cording" to her own confession, transported for issuing- bad notes. The prosecutrix denied all this; and asserted, 'that her lodger had filled her hands with wet linen,. which belonged to her.baby, and which she took from her. Justice GIBBS ,desired the Jury to forget all that ,had been urged by the prisonerS, because they brought a violent impeachment against their pro-' secutriX, totally unsupported by' any evidence whatever." Respecting the identity of the pro, perty, one of the handkerchiefs had a very, parti cular stain upon, it, which caused it . to be ree6g nized by the prosecarix. 'NO evidence whatever had- been offered, to substantiate the charge of stealing the watch. The Jury acquitted the prisoners. .„. , One of theit offered to s 4 ,in her vindication, when she was stopped by Jus tice GIBBS, who said that she had great gobd for tune in the present prosecution, and perhaps they owed their delivery to the circumstances of not being permitted to say thing further in their own defence. • Lydia Spencer stood hidieted for having stolen a pair of sheets privately from the dwelling house of Ann Crosse.. The prosecutrix resided in the neighbourhood of Queen-street, :. and laid out a pair of.sheets for the purpose of putting them upon her bed, and happening to go into another room, discover ed on her return that the sheets were carried Off : she ran to the door and saw the prisoner running away, with a sheet hanging out below ker coat ; she hallooed after her, and., a boy en 7 deavouring to stop her, caused lief to cast the sheets from her. , They were marked by her• own hand.. She bad no doubt of their being her's. They were worth about 10s. The Jury refurued a verdict of—Guilty. • Thomas Ransom was put to the BAr, his judg ment having been respitcd at the la , t Session for the opinion; 01 the Ridges, for secreting a letter containing certain'promissory notes, and inform ed by )Nlr. Justice LE,I3O.D:c that his conviction was good. HATTON-GARDE?:i.-Yesterday a number of re tail' -:vicinity of St. Andrew, Holborn, and St. George the Marty,r,._attended at this,Offie, being suminoned at the instance of tlic Gentleman of the Court Leet Jtiry of those dis -tricts, ~ who stated, thatigoing their rounds to in spect the - weights and measures of the different shops, they had seized several, being deficient in weight, and scales of an unequal balance. The; several charges exhibited against theia being JintAe out, they Ive,v convicted in the penalty accord-, ing to Act of. Parliament, and the scales and mea-: sures, by order of the Magistrates; were broken." It has been decided by the Crown Lawyers, that volunteers from the Militia to the regular Army, : who have been, in the first instance, at tested for' imited service, or seven years, cannot legally be permitted to be again attested for mill mite&service, or far life, until the first period is completed. PUGlLlSM.—Yesterday morning a pitched bat= tie was fought behind the London Hospital, be t Ween a sawyer, of the name of Hasiam, and Joe Lumley, *a sail-maker, both of Shadwell, for 5/. a side; they met in the field, a few minutes be fore five o'clock, with their seconds, and a ring being formed, they set to,. both being young and athletic men, with courage and apparent resolu tion—exchanging severe, and knock--down blows: The contest which lasted one hour and ten mi nutes, real bard fighting, terminated in favour of the. farmer, nis antagonist being so weak and ex hausted, as not to be able to stand ; they were both so much beaten as to be taken home by their respective friends. A great many bets were de pending upon the issue. FAIRLOP FAIR.-This day,. according to annual custom, the Block and ,Pump-Hankers iil Wap ping- proceeded from Wapping Old Stairs, in two bdatS, fixed to coach carriages, drawn by horses, with .awnings, streamers, and bands of music, to Fairlop Fair, - in Hainanit ',Forest, Essex, and made procession round the great Oak, said to be upwards of WOO years old, whose venerable branches shade - two acres of land. This Fair is kept in commemoration of Mr. Daniel Day, a, Block-maker, in Wapping, who annually used to visit the Oak, with a select.party of friends, and dine under the spreading branches ; and since his death, which happened in 1707, in the 84th year of his age, the•Fair•is kept annually, though with out charter. Potatoes.—The Potatoe plant possesses two modes of securing its reproduCtion, the one by producing tuberous roots, the other by the gene ral mode of flowers and seed siessels.' It has been ascertained, by the ingenious President of the Hortitultural Society, - Mr. Andrew Knight,. that the plant employs the same fluid in both these operations; and by preventing the Consumption of it in either one of these, it will be made to act more strongly in'the other. Upon this principle, if a potatoe plant is carefully deprived of its tubers 'as soon as they are formed, it will be made infi nitely more productive af blossoms and seeds. On the, other hand. if its • blossoms are constatly picked off, and it is prevented from forming any, seed at all, all the fluid which would have been employed in that operation, will be exerted in twining an increased crop of tubers. It is true, that men who have to attend to the management of hundreds of acres, will hardly condescend to think of potatoes blossoms : but there axe thous ands of cottagiers, whose scanty pittance may be increased by the simple expedient of employing their children in preventing a potatoe crop from ever forming d seed vessel. Last Wednesday, a male martin was taken alive from a-vermin-trap, in the Hammer-pond Wood, Waresfield, by a man who, on Saturday, exhibit ed it, as a show in Lewes, The Martin, which is of the weasel tri'.)e, may be styled - the most beau tiful of all British beasts or prey. Its head is small, and beautifully formed; its eyes are lively; its ears are broad/ rounded, and -open ; its back, its sides, and tail, are covered 'with a fine downy fur, with longer hair intermixed,; the roots of fin ash-colour ; the middle, of a bright cheSnut, and the points black ; the head is brown, with a slight cast of red; the •legs and feet a chocolate Colour, and the. throat and breast Gesuer tells us, that lie once kept a tame Martin, which was very pretty and 'playful; it went about the houses of the neighbourhood, and always - returned home when hungry, . Tuesday afternoon, .foui men made their escape from the impress tender, lying in Greenock Roads, and got: clear off. Some shots were fired at• them from the tender ; one of th e b a ll s entered a house, and shivered a silver spoon to pieces:. A female servant, who was standing 'in the kitchen at the time, narrowly escaped. 13SPO MINk .ecount of the_Ceiebraied . Gueral Leader: e- AitNA,'has lately been given, by-Dort XpIENES, who was one Of a party of Spanish pri-. Son'ers 2 Consisting of 21 officeri and 80 privates, whom this extraordinary man rescued nearly on. the frontiers of France, after killing and dispers- 7 ing.the escort that conducted them. The follow- 7 . ing extracts will perhaps not be unacceptable fo o4r Readers : • " 'We were marched froth Vittoria tinder a guard of 1600 infantry and 200 cavalry. , We had not proceeded two leagues, when we observed two woods on the right .and left of the hi Ii read= between Alendragon and Vittoria., On. approach ing them we :;earl a nutsket fired, and immedi-:- - ately a dreadful' slidWer of musketballs pourea like hail on both flanks and• on our rear. The kiiied and, wounded covere& the ground, and the French invincibies were sdhorror,struck, that they could neither maintain order, pr make any resist ance. They had, not e- , ,T.n the'onportunityof see ing their enemy, as the quetillas were concealed amidst bushes and the branches of trees; which-, 1 they had climbed, and from which they directed their deadly &re. The undaunted MIYA, followed by -'ISO horsemen, at-length advanced upon our-. rear, and bore (lawn every - thing before him. the 'titan time we flew, under a heavy fire, to our friends and deliverers: A.4.2r the' slaughter - was over, I had the satisfaction to see MINA, and - to' converse with him. Ile . 'ordered us to be safely conducted td Zalduendo, six leagues front the scene of this action. The , whole treasure and. property under convoy, amounting in value to a. Million of dollars, fell' into his hands. About 809 of , the invincibles were laid low, and 150, with their Colonel, LAPITTE, and eight other, officers, wore made prisoners., Among the, followers of MINA there was countryman who brotight with him four blunder buss-barrels fi x ed i n one " s to c k, a nd so construct-'' ed•as to turn upon a single pivot, which be fast- , .; cps ,by a chain. to the -ground. Into each barrel he put 32 balls, - and. fired the four' at once. . One discharge from lits artillery passed throtnr,h four' coaches; and killed jail 'the officers and women- in; them. " A spy, who had given., information of the destination of this convoy to France, of the day it was to set out, the strength of the escort, the_ number of prisoners, and other particulars, was... by Mina's order, placed at a distance in the wood, with his hands bounds, and guarded by a centinel,. who had orders to shoot him if he attempted to escape. - After the action," which' lasted full five hours, he called the spy before him, and said, You are a - good fellow--you have riot deceived: me—you nay go, andhere are 6000 hard dollant foe your reward.' It Ought to be mentioned, that about a league and a half from Vittoria, we pasSed through a. village, in which all the hoitSes were shut up, and not a living being was to be seen. This was the work of Mina, who, when lie had resolved to, lie in ambush for us, entered the village the emu- ind before, and carried oil" the inhabitants. He . ordered the old and the young men, women and' children, all into. the market-place, fastened them. tpgether two and two, and conveyed them under a guard to the neighbouring mountains. He in formed them, that if they spoke or made the least noise,, they would be instantly put to death, but at the, same time promised, that, if they made noi opposition, they shoUld in eight hours he safeir restored to.their hojes. Thus it Was impossible fOr the French: to' learn any thing of his plan. " Mina is a stout made Man; of a ruddy coin= Flexion, about" five feet eight in height: He . is frank in his demeanour, though he Speaks little; and is extremely active. He-detests loose women,' and permits. none to accompany .either .officers pit soldiers. lie .is about twenty-three,, and is ex tremely abstemious. He sleeps only two hours each night, and' has constantly loaded pist , , - ?is is his girdle. He is very reserved respecting plans, and.his officers seldom. kilo* whither they are to march. " -When a young man wishes to enlist in, tlao cavalry; Mina first examines him, and then call-. iug the Commando of the Infantry, he says-1. This young man is desirous of serving in the ca. , Valry, take him, in the first place, into your corps* and tell me how he behaves himself.' in the first action that occurs, the. Commander of the infantry, who is on horsehack, places the young man near him; and narrowly watches his conduct. He observed in the same manner, during .four cessive actions, and if he behaves courageously 4 . 4 them all, the. Captain takes him to Mina, and says> this lad does well, he: deserves to die . for hi* country.' Mina then gives him arms and aliorse, and thus his little, corps is composed. of the most undaunted andenterprising men that can be:found.' BIRTHS. On Monday the 29th ult. in Whupole,street, Mrs. Paul Methuen, of a still-horn child. ..... The'same day, at tt►e Vicarage-House, Leatherhead,' Sur rey, the lady .of the Rev. Jonathan . 'dyers, Barrett, -of Daughter. . . On Tuesday, at. Hampstead, Mrs. John Henry Brune, of Bury-court, St. ,Mary-Axo., •of a Sou. On Wednesday, July 1, the Lady of the Right i kion. Itegi• nald Pole Carew, was safely delivered of a Daughter, at his house in New Cavetidish 7 street.- Yuterday, at his house in . Wimpole-street, the Lady'of Captain Henry Lambert, of the Royal NaVy, of a Daughter.' MARRIED. OMAS WOOD, Maidcn-lane, Covent-garden; and Published by WILLIAM ARMIGER SCROPS, South Molton-street, Grosvenor-5(1:u, e x No. 112, Straliii, where Ailvertisements, Orders for the Paper, Letters for the. Editor„,&c. qiost paid), must be addressed. On the 30th ult. .at Hadley, Middlesex, the Rev. Daniel Charles Delafosse, Fellow of King's College, Cambridge, to Plurbe Anne, fifth daughter of .fames Quilter, Esq. of the same place. • - The smile day,, at Allhallows Church, Lombard -street, Mr. H. A. Thompson,' of Canterbury, to Janet Elizabeth, eldest daUghter of 1)r. Sime, of Gracechureb-strect. Yesterday, at St. Markaret's . Church,. Westminster, Bain to Frances, youngest daughter of. JameS Hatsell, Esq. of Spritig-ganten Terrace. . The same ,lay. at Islington, William Murray, Esq. of the Inner Temple, to Maria, second daughter. of Mr. Joshua Joyce, of Essex-street, Strand. DIED. On the 52 sth of April last, at Dominio, Charles Nailer,. • Esq. Comptroller of His Majesty's Customs at that Island. On the 20th alt. at Grangehall, Morayshire, North Bri" tain, James Peterkin, or Grange, Esq. • . On-the 25th ult. at Abergavenay, Lady Harrington, mo ther of Sir .lohh Harrington, Bart. On Sunday lait, after a long illness, Mrs. Dicke.;on, wife of Mr. Andrew Dickeson, of Little Eaisteheap.