The Sun. — London, England, 1825-08-04 00:00:00

~.: ,~ _;~, .~ v~ -. 4- , - ---,7 - w,.\ : , .t . . r . N. '' . *r:4,4. ''', ---4. • .*1417'‘,,, 41. . . ,•• .7 • A - PI ~. ~.. -- .p.,.- ..... it A 4- Y ........ .... - 4 , E . • , '.. - ii ...- , . MZ, .V.: 4 4 7 7 • „., „,..-7 , 9 44t-i-o -,./ : Pil,cey '',W•d..-.........--- 11 . a r-6//:,,,,, .4,- N P-1%1 li DR 10,264. ARMY CONTRACTS. Commissariat Department, Treasury Chambers, July 30, 11:325. NC/11CP, h hereby given to all Persons de n sirou s of contractin tool supplY —E " - nt . id MUTrI'ON, is Majesty's Land Forces in *C tiar i nt e "me nts . , Quarters, and Barracks, in the undermen d Counties and Islands • wi ft ek el ` l , f•n°lll.l,Ber,lrs findludini;:the Town of Flungerford), Ber. t o , ' ""‘,.., Cambridge (including 4 1, Chester Cornwall (including Scilly), the Town , of Newman- Cumberland, Der ; ( e Ye De `lini horiet Durham (includinglioly Island), Essex B r l i ci , lll , ir' of Ti)liu'ry Fort), Gloster (including the City of /11e3‘o(V's,P,,r1_1-leieford, Hertford, Hunts,•lsle of Man, of E, sex " ) :esi t at , Kent (including Tlibury Fort, in the County Mouth,Middlesex,Mon , isioriolnkens!er, Leicester, Lincoln, , Mon bar, Oxford , s• th mberland, Notting. yS ' . Rutland' Saler, Somerset, Stafford, Suffolk, o'ricY..Sussex,-. Warwick ' , W;stniorland; Wilts, Worcester, in th p I ' l 'the several Counties of' North and South V ales, - 'evgrat Coiunnties in North Britain, and in the Islands -of dickrildv, Gu, day.l4lt 'lie leliveri W ' a7: d to j cf r aence on and for the 25th ;14 of SePtember nest; that Proposals in •xriting, sealed ttp, at tl9'arked "Tender for Army Supplies," will be receive d tea nitostoleffice o n or h eforeThursday, the 28th day of August, p ropovi a is ill be received after Twelve Weida on that Day. Island ‘ - mast he made separately for each County,_ and Aviles' except for the Counties comprising North and South Wi e ' ai l "f which must be included in one Tender; like also ... ti ! e s i ' l antis of Alderney, Guernsey, a.nd. Jersey; ns p, ..o t the several Counties in North Britain ; and each - "ITO S ' de r a. roust have the Letter which is annexed to the Ten- Pro Perl • g ellga i ) Awl up, by Two Persons of 'known Property, j tk„,_g ng to become bound with the Party tendering, in the f o - I r 'ant stated in the Printed Particulars, for the due Per in of the Contract; Tender, Proposal svill be noticed in lw:rdnslade " a printed and the Prices expressed co nt i n at l ength ; and Would it so happen that during the . by ,irtuaneeof 1 0 the Contract no Troops should be supplied tra ct a l of the same, the amount of the Stanipa.on the Con than b l '" Bnd, paid in the first instance by the;Cotitractor, e refittided t I ' ;it It;lri:ioetittilArS .of the Contracts may be bad upon applicatio h n tarr ack A "'between the hours of Ten and Four, and of t e A lan ; and- lasters in the Islands of Guernsey, Jersey ) and l'ei rited at to Alterations have been made in the it i, _ attic several which Alterations are printed in Italic,• le. , irequeited that Persons making Tenders will carefully at -1". tO the same, Yl9, 1825. ROYAL HOT 11INCHANI, J 171.- CANAL. L, BIR..- • ' , uNION 'WORCESTER and GLOUCESTER . the sub.. l.' an stdjotirtied E MIT H, '4•11.1., scribers, held this day, WM. W . N . N Getrettli Nieet i t , itg• of delivered in by A'S • in the Chair • the following Report was the Provisional Committee -- e d by it was referred . 01" The Provisional Committee, to whom the Union proposed Uni_ -1,,..4 ('‘4.411.al Meetin.• of subscribers to - into the state of the ti ,'",..,at, on the 7th of',June last, to inquire . m ham and the rue, bow actually Passing down from B g ' llln - is intended to be fntenuediate places, to wher e the Itinction . Canal, and up i w°alltig I fr with Ahe AVOrcester and ter Birmingham , the - Bristol Channel, also ttnd the al die intermediartlestel la C ee le s, n to the said Junctieur; in that an direction, tta,l)wal'il:e,antount of the trade not now: going e tobe diverted or creat .: d en ti t i cli My reasonably be expect and Berkeley Canal sn r an o. L e „ ni„ at Li.ne, when the Gloucester. b eg to D n fo ci , the intended New Line completed , _ olt a llws; ions referred to their ' reohnat they Ti-ave given to the sevleraiies and .find i t t lig the antousiadteraftt'ioln,lheir most careful 1 attention,in existence, _Tiled InVcoll- WOnill Certain' Tradee now New Line, to avoid t what will flll!veniences of tlLeZave "IN Navigation, is in amountthe Sub_ Y your eCeonirrimittee in recommending w to orking and scribes justi fy incu r the expence necessary : for the e s laid down in tlitaettAaining the intended Canal, as the saute his late survey* l'on4nac, r 4 Estimates of Mr. Telford, on of coal now ac, tually t 'inroittee find, that the- quantity would be most passing down the Severn, to places that ounts. upon conveniently supplied by hough.ppo. Canal, am ‘1,060 i ma Yan average taken on the ae half Years' ' ut t been conve, rr an nual ; and this, alt the 'river has no months in the ieent. to navigate more than. front. eight to nine to state, n t r , and Your Committee have the . beat authority as artificial !9a had the Severn been navigable as long would have Fanals usually a re, one fourth mere of tonnage ; P and and when I:en .conveyed by ?he same number of Yesee ' have been to t this is added the antount of what is known regularity and suptied from other sources, for want of have n 0 besnl_rt in the present mode of 'carriage; they when pro -1.1 mai tons rerh_,.., iation in stating that the existing tra de , _ , ,,„„ , .-',., LAY accommodated, viould amount to at least 5 aa..-- . gam and from the The mercantile goods which now actually pass to Id gladly avail same Points (the one and carriers of which could - of the th t • etnselves of a more c rtain line), on an average ,!e,.!atit- half Years, and 22:445 tonsper annta. .. far supplY the your Committee consider that the local trade, d Canal, eZt country bordering on the,3l miles of the proNse ee will anio,rot which there has hitherto been no canal -conveyan , s , i that 9940t'ttt° 4t. hint 271000 tons. The rettalti thereflle which, may b "s of coals goods, arid Merchandise, a l'-' lat intended Canal, wb e considered ready to come upon the !n the sante shall be coropl d ''' ld: Taking the above amount of tonnages at the low rate_ n of t. of thPee‘r, ton, a , i Per mile, or 2s. 6d. per ton for the whole laeogoh. cora, 0%--11,-., ,Your Committee find that' it will I Ptcf lt e o e „ to i n n ae 3 ' 2,370, from -which, deducting 43701. to . r s from the ttatle-arro(l4,ll.la9agement, leaves a net incoine resulting 4 per C ent. au `:'Y In existenc,-wich will Pay the Proprietors • ' Tli e a," "PenOitllre Of 200,000 i. ' your Cojohlit.,,econd ld of inquiry to which the attentionoftrobable lacrease'v!. Was directed, refefsi to wha - wOuld be thel Berkeley Canal, the trade,. by opening the Gloucester and ii with the Port of,lris e expeditious and steady commUnicatioi ' ltenham and etb 'K . hY the•rapid inereaseof thes.own of Cle • trade _,. sr t er vanOuS. sources, fre'n Which an improved /, 6 tir reasonably -be expected. •• ‘ ' uiries on theseetFeOnnuittee have made many and various i probable and pros !alPointi ; th'e.reeult Of which being Only. below /,_ , , pective, not certain they ar warrant of stating , x , , nvestigations vvOuld.f fairly' ' :'_ttilir Shall b-eYlowever,calculate,atihat wiieri the comtounicatio n n b oats -ceatinlade so complete late, as it will be bk this Union, he w ester on the sec lo'reiPtal4e4 at hirmin , gharn, and passed to Oltue t.t . ou anY nlaterial . 1 44 3 ' a nd this saving of time eWected, p i t t be resent ttade woul d be ~ o e a ,"e In the expence of tranait, that t ; Your enn,4 .14'1W. .state the fin er to this tontte, however, dO not here venture to confidence ItthnteiciPate anineexe:t ntl. but they do. with the griteatstated, to 41119unt 0f. 4 ji.;te) to m the various sources above *in rll the p„cetTin ,tonsper an•" 111. i d the effects which tiol neeessartlY'restat,erations, aode_ to fnre_tyten- o.‘tleid Catl4ls, and the iron, he uniting of the two be b lie given ~__ e:trnausit of a ll gooti gsrettnifactillityviTphich wl.t i h e e s r o e f ?,he Kffig_ ;ntn.....atsed further, that in the pre esessteOtfl Shen work intcndeit; 4jr(tn'lt l or no rested inter to 1/ • (tea...lour COM ,comdeuti it .„ _a es- tv-i Subscribers be lrlya , , pursue the an"(l"taking With. steel 'emend the to timate e4iietie r safe ins outputude and vigour, both as a le_gt __ o ,. _. e t e l of the ce,„ t °I Ca Pital, as highly beneficial to theUll krt. iG t by tb . ry generally, and as, a work imperiously , leulr, e ImProved state of this •Part of the country "In 1. Resolved, GEORGE NICROLLS, Chairman. ' a„ Th at ti --,,, ado -le Renort now d 2. That by this Meetifi presented and read, be approve td• Thal .they no."Ther ofShtes be increased to 4000, pelt.toe ~. r e ,esolution of the is of January last, limiting ri nd ,1 Share to 50, -io be heldby each SUbscriber,llo 4.'That the Prot,* That 444 istonal 0 -01nrnittee'be requested to contitnie h ear ices for he take such measurei as . shall appear to thai a t the pro e f.urtheranen of the undertaking. c nnarr b e • . ceedings of this Meeting signed by the onlniit, ) Printed and published under' he ' directions orthe The ee• b eeh t Chainuaa bavin WILIJA1)1 WYNNE'SMII Ili itaeskoen-4 jou4 ful:ft the Chair, and the same hay ng fo:Phat-ti:ettunanhnouly,}l; Esti" li'is attelltioatlt'l telft this illee"ng t h e given to , the Chairman'' „ Subs e y e nuttiness of the d a . -4Pti° • /PANT TURNER. ...Pal T aw .na teeeivedby th •ll ' • t riit .camor ns, a r i d by si„ . e ankers in the differen . p Lorido-4.an't Lloyds; a4arg,lesoEsaaile and Co. ; idlarou.rirn' ritAattowd C.B4iia.nßlßD. THURSDAY EVENING, AUGUST 4, 1825 principles, both of law and j us ti ce , t o your ver di ct, w hi c h , I trust, will satisfy Mr. Lambert, that the new lights he has fol lowed are not the true lights. Mr. Charles Roberts produced from the Record Office in the Tower, an examined copy of a Charter, granted by Henry 111. in the 35th year of his reign, to Edmund Lacy. The Charter was then read by the clerk of the Court. It granted to Edmund Lacy, whom it styles our beloved valet, the manor of Bradford, with liberty to hold a weekly fair on Thurs day, and to have the privilege of holding a yearly fair to con tinue five days. • The same witness produced an examined copy of a record in the reign of Charles 1., which seemed, as far as we could col lect from the small portion of it which was read, to be an assignMent of certain manors, including among others, the manor of Bradford, to certain individuals 'therein named, as a security for certain monies advanced and to be advanced to the Crown : from this grant or assignment the present ' plaintiff' derives his title. A charter of the 22 Edward L. was also produced, which granted to Edward' de Lacy the privilege of having a market at Pontefract on Wednesdays, and a yearly fair of three days, and which recognizes and confirms the former grant of a market on Thursday, St Brad. ford. Mr. Hailstone is the steward of the manor of Bradford : he produced a lease of the manor, and also a deed of sale, conveying t 6 the present plaintiffthe manor of Bradford, with all its rights. This deed, which is dated 13th February, 1793, was executed by John Marsden, who resided at Wellington hall, near Hornby, in Lancashire. Mr. Rawson has regu. larly received the profits of the market.—On his cross-ex arnination he said, he had defended the action of Hodgson against the Lord of the Manor, and added, that he had not been able to get from Mr. Lambert the papers relative to that • action, though repeated applications had been made for them. Mr. Bolland is 73 years of age; has known the town near 70 years; the market was formerly held at the Bull's Head, West- gate.; his mother rented the toils of the market, and lie col.. lected them for her f or seven o r e i g h t years. Those persons who found their own stalls paid twopence fora stand, and those who had stalls provided for them paid, one shilling; they also collected a toll of corn, and received a penny a sack for po tatoes. Witness could not say that every one paid, but he collected from most of therm—Witness was cross-examined by Mr. BROUGHAM, who endeavoured to elicit from him, that those persons who had stalls upon the foot-path did not pay ; but the witness answered his questions in so confused a manner, that it Was Impossible precisely to ascertain his meaning. He stated that persons who had shops sold meat in them in other parts of the town, without any person inter-_ fering with theM, but the principal part of the butchers' shops were near the ma4ket, and those who lived at a dis tance from it sold meat in their shops. The market was held on Thursday. Wm. Stephenson is 71 years of age ; attended the market upwards of 80 years; he used to set his stall out, and a person tame and received two-pence from bins every market-day.— Witness kept the new market ; he had no stall, but placed his stuff on the ground, and then he paid nothing. Witness, in answer to a question from Nlr. Brougham, stated that some, persons sold meat in different parts of the town in their Own houses. I Mr. Thomas Akcroyd lives at Allerton ; has attended Brad , ford market 43 years, and he paid eight-pence. a week for his stall, which he set out on Thursday and Saturday. Witness had an action brought against him by Mr. Lambert, becausehe wquld not remove into the new market, and he had 18/. to pay. Witness, on his cr oss - exam i nat i on, sa id , that John Hartley had a butcher's shop at the top of - Ive-gate. Mr. Justice BAYLEY. —I do not think it any infringement upon the rights of the market, for a person resident in the town to sell any articles in his own house. Mr. BROUGHAM.—Then, my Lord, it cannot be an infringe. tnent to build houses for that purpose. Mr. Justice BAY L EY. -it is a very different thing to build shops, to invite persons to come who do not reside in the town' Mr. Edward Rawnsley stated, that his father was the lessee of the Bradford market; the lease expired in 1791, but he con tinued to collect the tolls up to 1799. Persons came from dits ferent parts of the country to it; it was not so' well attended then as it is now. Witness does not know to whom his father paid the money. Mr. Hailstone produced an account book,, which the witness looked at, and said it was the hand-ivriting of his father. This book contained the names of the different persons from whom rents for stalls had been receiv e d, an d some extracts were read from it. 111 r, Hailstone, in answer to a question from the Judge, said, that the new market, in Dar ley-street, was erected on freehold land, which Mr. Rawson pos sessed before he had the manor: • Mr. John Burnley began to collect the rents for stalls in 1801, when the new market was opened. When he first began to collect, the rents amounted to 'l5/..per annum, anti they have been progressively increasing ever since, an d t h ey now amount to about 871. per ann. • Witness knows Mr. Wright, the de fendant in this action ;- he bean to build his market in 1823 ; it is situated mar the old ctiurch, at a place called the Hall Ing. Mr.-James Richardby was the builder, and witness fur nished part of the stone ; there is a row of small shops for but chers, and a spacious area for a market, and there is also a very good slaughter-house. Mr. Wright's market was opened at the latter end of 1823, and continued open several weeks, and was fequented by a great number of persons. The shops were let for four guineas a year. Butchers' meat was sold there both on Thursday and Saturday. Mr. Samuerretley was examined by Mr. SCARLET! ; he produced the collecting book of Samuel Smith, who was the grandfather of his wife. Witness has known Bradford 54 years ; the market was first held in Westgate ; the market was for corn, butter, vegetables, and had stallshlreiposing buthers' meat and other articles, such as shoes, leather, &c. An attempt was made many years ago to remove the market, which did not succeed ; but it was afterwards removed by the Lord. of the Manor ; there is now anew market-place in Darley-street ; it was opened two years ago, and is well attended. It was about the year 1783 that an attempt was made to remove the • market, but it, was only used for a few weeks, and there was only one person continued to sell in it during the whole time ; the shops were turned into cottages, and the market-house was let for a warehouse. Mr. Rawson has since re-built this market. - 1 Mrs. Elizabeth Taylor has known the market 33 years ; she attended it, and sold garden-stuff; the market was then held in ' Westgate; it was afterwards removed to New-street: Witness had stalls in both markets : when it was held in Westgate she paid 7s. 6d. a year, and 30s. in the new market, which she paid to Mr. Rawnsley. Witness,' on her cross-examination by Mr. Alderson, stated that there was a Market on Saturday, as well as Thursday, arid that stalls were set out on the former. The i butchers all stood in a row ; there were but few butchers' shops in other parts of the t own . 'Witness mentioned the n ames o f about halfadcizen persons who had shops in other p ar t s o f th e town,..and who sold butchers' meat. Mr. WrARKIE—And was it not a great public convenience? Mr. Justice BAY LE y-'--That consideration tbrms no part of the present case, and o ug ht n o t to' enter into it ; no m a n h a d a a right to do any thing to prejudice the rights of the Lord of the Manor. If the present market be insufficient, let there be an application made to the Crown for a new charter; who will issue a writ to inquire into the facts. ' • Witness • was then examined with respect to the state of the other markets, but nothing material was elicited. • ' Mr. James Tetley proved the giving of a notice' to Mr. Wright, to warn him against building any shops for a market. Mr. Timothy Ingham stated, that Mr. Wright's market was opened on the 21st of October, 1323; there were thirty-two shops'finished, and there is I;round..work prepared for as many more; seven .or eight of the shops were occupied by butchers, whose names he mentioned ; three of them had had shops in*, Mr. Rawson's market ; witness also mentioned the names of persons who were selling in Mr. Wright's market apples, pota toes, and otherfritit and vegetables. Malthew Striker used to attend Mr. Raw son's market at the latter'end of 1823'; he went into the market at Hall Ings,where hesold his apples. A gentleman, whom he did not know, gave him a shilling, but he' added that he also got 'a shilling at the other market the first time that it 'was opened. James Hinds, who is'alsO a fruit seller; gaVe evidence to the same effect; he added that a perOn told him, that if he carried his goo& to that market they' would be toll free. Witness said' he attended it' for'about six Weeks. and paid io toll. or rent ; a good ninny people attended the market. . Mn Benj. Sowden is a butcher ; . be saw Mr. Wright. before` his market was opened, who told him that he had no doubt of its , being a very goOd market if people" could Only go there:— Some of the.shopS wereopened miother days'besideitthe market • days, blit'not Many. . . This finished the case on the part of the plairitiff: ' Mr..Bitotion/tat'said,* before' he' made anyobservations on' the case made out by the plaintiff, he would say a word or two : on the attack made by the. Learned Counsel on - Air. Lambert, whose only fault was tleat, some twenty. years ago, he was the attorney of Mr. Rewson, and in that character carried .on a suit for him, and that now he was the attorney of Air. Wright. In this he had not acted in the least ineensistently•with any' rule of the profession; and he - was, the more surprised at the Learned Counsel making this a subject of remark, as he"him self had been reproached, not 'many days before; by another Learned Friend, who was now with him in the present'cause, for a similar change of sides. It was also a predicament in which his own attorney had been placed, and which must, in the nature of things, continually happen taprofessional men. Mr. BROUGHAM then proceeded to • offer a number of Oh servations to the Judge on the law; both tie it respected the grounds' of the action and the . manner in which the different counts in the indictment were affected by the evidence, which we shall give in as condensed a form a possible. Mr: Brougham contended, that no toll was payable in this market, for the rents demanded for stalls was not a toll'; inasmuch as the sum was regulated, not by the quantity of goods sold, belt by the space they occupied. The plaintiff had na ground of ac tion, and he objected to the case cited, whisk was the only one on' which Mr: Scarlett rested, on the ground 'that it had never been reported, and that its authenticity depended entirely on a manuscript note. Mr. 'Brougham further contended, that as all usage had, up to the year 1800, limited the holding of the matc ket to Westgate, this usage ought to be considered as restraining the manner of the grant to the holding of a market in that par, ticular spot, or rather that this usage raised a presumption in' law that a subsequent law has been made, restraining the general words of the - first - charter, and especially as the market had been removed, not to mesne lands within • the manor, but to the private estate of the plaintiff', of which he was possessed before he had the manor, and - which was not strictly part of the manor. His Lordship -with respect to the first objection, said he would take a note of it, and Mi. Brougham might h erea ft er h ave t h e b ene fi t of it; but - with ce- - spetteo that relating to the removal of the market, he was clearly of opinion that it was void of all ' foundation. The' plaintiff;, as Lord of the Manor, was the owner of the market and the stiil ; the place to which he had removed it was within the manor—within the limits of which tire Lord might remove the market as often as he pleased ; and he' could not, in the' face of the original grant, and without any ev id ence , ma k e the , 1 presumption that there had been "a subsequent grant, restrain ing the privilege conferred by the first, and with respect to its , not being part of the manor, the separate f ree h o ld prev i ously possess ed by the Lord, might be considered as merged in the manor. Mr. Brougham also submitted that there were two counts in the _declaration, the 4th and 6th, which were not proved, or rather which were disproved by the evidence. The point on which Mr. Brougham relied, ' and on which he had intended to have gone to' the. Jury, was _this, that as it was clearly established by the usage that persons might sell in their own houses such articles'as were sold in the market, and also in shops separate from their. bodies, though the instances of the latter usage were not numerous, he was entitled to the inference .that this mode of selling tras.nbt an inftingement of the Lord's rights, and to the further mferetice that if a person might sell such articles in his .own hOuse, he had also a tight t o b u ild a house or -an number of houses for that purpose, which was all that his client had done. He should be able to call additional witnesses to fortify this part of the case ; but if his LordahiPthought that the proving of it would not avail - him, he would not unnecessarily occupy the time of the Court. Mr. Justice BATLEY said, the proving of this by ever so many witnesses would make no difference. It was clearly, in his opinion, a - disturbance of the Lord's market, for any person to build, not houses for the use of the resident inhabitants, but shops without houses for the purpose of inviting strangers to use it as a market.. Mr. HAM—Then, my Lord, I shall leave the care as it now stands. Mr: Justice 13Arr.ry shortly stated to the Jury the grounds on which the plaintiff was entitled to a verdict; the right of the plaintiff to hold a market was clearly established by the charter. No market could be held without a charter • and no person had a right to do any ac t w hi c h wou ld h ave the effect of with drawing persons from the chartered market. The acts proved against the defendant had clearly this effect. The Jury found a verdict for the plaintiff—Damages One Shilling. 31r. Anotramtm said there ought to be a verdict for the de fendant on the 4th and 6th counts. His Loupsm P said. this might be matter of arrangement between the parties, and 31r. Brougham acquiesced in this suggestion. LEICESTER, AUG. 2. These Assizes commenced this morning. Mr. Justice Hot. BOYD presiding at Nisi Prius, and Mr. Justice PARE, sitting in the Criminal Colin: The attendance of Gentlemen of the Grand Jury was particularly great. The usual number hav ing been sworn in, Mr. Justice PARK delivered his charge to them, observing that the calendar did not contain either many or any heavy crimes ; there were, however , two or three which required his particular notice. He alluded to the cases of three men who had been committed on very peculiar grounds; he meant" Edward Beggs, Joseph Sherratt, and John Mill. The distance of time when these men were committed after the commission of their supposed offences was particularly remarkable. Sherratt was committed on the 25th of last month, upon suspicion of stealing an ass, at a period so long previous that it was hardly reasonable to expect the prisoner to be able to give a satisfactory account of the manner by which he becathe possessed of the animal, al though the nature of the charge would principally depend upon such a statement. There was one cause which,required the most serious attention of the Grand Jury—it was that of Sir Willoughby W. Dixie, -who had been committed to gaol on the charge of maliciously shooting at the Rev. T. Wright and the Rev. R. Wright. There were two Acts of Parliament having reference to cases of this description, the Act Of Geo. 1., commonly called the Black Act, and the one passed in his late Majesty's reign, and which, front the circumstance of its being brought into Parliament by the late Lord Ellenborough, was . generally called Lord Ellenborough's Act. He (Mr. Justice Park) did not know upon which of these two Acts it was in tended to prefer the present indictment. The penalty imposed by the latter Act was that of death, on such persons as should maliciously shoot at others, with an intent to do one of .f our things—to murder, to disable, to inflict some grievous bodily harm, or to prevent the lawful apprehension of the person. Should the - evidence so to make odt either of these intentions on the part of the prisoner, then the Grand Jury would feel it their' duty to put him on his trial.' CIVIL SlDE.—(Before Mr.,Justice HOLROYD.) 31t 6 DOWALL V. CHETWLLL. This was an action of trover to recover three bottles of wine, which the defendant had illegally conveyed to his own use. Mr. CLARKE stated the caseto the Jury. His client was the Rector of Ashby-de-la-Zouche, and the defendant was an auctioneer, and church Warden of the same place. ThOnentiOn of three bottles of wine might appear ridiculous, and sadly con trasted with the pride, pomp, and circumstance of a trial at law ; but the present question involved • the most important Tights of the Church. By the Rubric of the EstabliShed Church, it was directed that the Churchwardens should provide' the sa cramental wine; but in the present case it was not a complaint that the Churchwardens had refused - to produce the symbol of the body and blood of Our Lord, but that he had carried away, and converted to, his own convivial' purposes, that portion of the symbol' which had not been' used in the holy office— The defendant was a Methodist, who had procured ,him aelf to' be 'elected to his Office in the church. On last Whitsunday he had been applied to for wine sufficient for the ordinary consumption of the congregation, and he had supplied five bottles, partaking himself, of the sacrament—a thing which he had not.•done for along time befotec By the Rubric it was decreed, that'whatever of the sacrament should be unconsumed by the congregation, the Rector shOuld eat and drink it in the church with those around him. It was the' custom to provide on extraordinary occasions five bottles 'of wine, and the rector was used to consecrate as much Of it as he' thought the communicants would drink and to reserve th e re mainder - for his own perquisite. Qn'th ? l`Present.occaSion, the bottles of wine were placed under ' tar,:, After: the com munication, two of the bottles had,bdcp,constimed, and the Churchwarden was seen removing the remaining three of 'the llottles for his own use. This was a direct attack upon the rites aricreeremonigs of the Church, and the Rector had thought it_ incubi bent - Upon him to institute the present suit, as the conduct' of'the defendant; in stealing the three bottles of mine, had out: raged the privil ege s of 'the',Clertiy, and the 'holy ordi nances of the Church. _ The - Pavish Clerk deposed that the five bottles of -wine had been protided for the congregation—two kof port, and three of tent ; two of these were uncorked, and the defendant had left PRICE SEVENDr,Ne E. the cork-screw sticking in the third: only. two of til e b ot tl es c f wise had , been :-untorkted for the Lote's-Supper,-"ariirflie •re mainder hadbeen left under the altar.: On a cross•examination,c-it appeared-that the: defendahrliaff. afterwards given' up two onthe bottlesior;theberieflt of the pool , . Mr. Serje ant VAL'CrIcAI44; for: the defenee;-conrended the acrimony against the defendant had arisen, 4not froitt stir anxiety for the wine intended for-the Lord's Supper,' but, i fibfm, his being of a different religion, The Learried•Coimsel con tended, that-in •an action of. trover,:a pecopettyttnti§t'he proved in the plaintiff, but in the , present' instance', ttie plaintiff pils•-• sessedA property only in.the wine-tobe:useattlie4iord%; Supper,' but this related to the surplus wine. Verdict for the defendant. Thomas Dinckky and Samuel Bird were indicted fot• extort - in;; money from John Axx, by putting him in bodily fear threats that they would accuse him of having committed a cer tain nameless offence. The prisoners were indicted last Assiz-!s, ror the same crime, but owing to a defect in the indictnient-they ware remanded, and again sent to tile bar' on an amended in dictment. Parnell Axx, wife of the prosecutor, and several other wit nesses, were examined, who proved the charge against the pri soners. Mr. Ihrsinutzr, as Counsel for the prisoners, raised two objections to the indictment, both of which were overruled by the Court-Lhis Lordship observing that all the counts had been submitted - to-and approved by the twelve Judges of England. The prisoners had nothing to say in theit'defehee. The Jury consulted for a few minutes, and found both pri soners Guilty.; SIR N9ILLOUGIIII, ItrOOLSTON 11 - .IIxIE. • During the preceding trial the Gentlemen of the Grand Jury returned several bine against different prisoners included in the , calendar. After the Clerk of the Arraigns had taken them *from the 'Foreman, that gentleman and several others belonging to the Grand Jury remained in the gallery. His Lordship 'O9- serving this, addressed himself to Sir H. Raiford, and asked 'whether there were not any other bills before them ? Sir IL Halford—No, my Lord. Mr. Justice PARKE—Is there no indictment against Sir W; W. Dixie ? . Sir H. Halford—No, my Lord. • Mr. Justice PARSE—Then let the prosecutors be called on their recognisance& To what amount are they sword to appear The Clerk of the Court here communicated to his ,Lordship in an undertone the sum, which we believe is 501. each. • -• The Reverend Thomas and the Reverend Charles Wright were then called three several times- to appear, and prosecute 'the indiCtment against Sir. W..W. Dixie, or their recognisances would be obtruded. Neither of the gentlemen answered to their names. Mr. Jtistice PAILIC—Is there no attorney in attendance for the prosecution ? _ A gentleman a few minutes afterwards entered the Court, and going towards the Bench, said—l aln the Attorney for the pro secutors my Lord. M J r. ustice Panic.llave you got any oidence, Sir, to sup port the charge against Sir Willoughby Dixie ? Attorney—No, my Lord, I, have no evidence to bring EQ.% ward. By the Cottat —Call all the recogbizances. By this conduct the ends of public justice are defeated. The recognizance,' are most inadequate, and it reflects no credit on the Magistrates for having taken them. The Rev. prosecbtors having been again called upon their re cognizance, and not appearing, • The,Citt.R.T 7 .-Let their retognizances be estreated. I car not.say how far these Rev. Ge n tl emen consider themselve s tr , acting with propriety to the county ; for, from what appears in the depositions, I hold this to be as gross a case as I have evqr„ seen in a Court of Justice... I .wish also that the Magistrates . of the county should underatand that in future all depositions respecting felonies should be returned to the Judges at the Assize at the very first moment. The Grand Jury were then dismissed. This result of the tbarge against Sir Willoughby Dixie had been anticipated by the public, and the case did not appear to have excited any Interest whatever in the neighbourhood of Leicester.—The Judges had refused. to bail the Baronet, - who had been kept in confinement in the County Gaol, where he had been perfectly reserved upon the subject of his offer ce. At the close of the Court, Sir W. W. Dixie, and some minor persons in custody, were discharged by proclamation. LEWES, Au o. 2. (Before Lord ChiefJuttice BEST.) Stephen Church was indicted for feloniously setting on fire two hay ricks, the property of George Randall, at Heysitot,in' - the night of the 13th July. A case of great suspicion was opened and proved agair(st the. prisoner. It appeared that he was son of a small farmer in the prosecutor's neighbourhood. In the night time of the . 13th of. . July two ricks of hay, belonging to the prosecutor, were con- . sumed by fire. The prisoner had been seen going, in a direc-- tiOn towards the ricks at three o'clock in the morning,_. with a, lantern, and almost immedi a t e ly a f te rw ar d s the 'conflagration: took place. As evidence of his malice towards the prosecutor, it was proved that he had caused a boy to take the Emil-pins from the wheels of his loaded waggon for the purpose of its be ing upset when put in motion. Shortly before the fire broke out he had also foretold the event ; and when it happened, he de dined using any exertions in extinguishing the flames. The Jury; under the Learned Judge's directions, found the prisoner Not Guilty. Sarah Little, a married woman, was indicted:for the wilful . murder.of her male infant child, at Pulborough, on the 11th. May last. It appeared that the prisoner was servant in the family of a printer at Worthing. Being in the family-way, she received .. notice to quit her place, and her mistress kindly lent her some' baby-linen for her confinement, which was intended to take . place at the house of a re l a ti on . O n t h e day mentioned in the indictinent the prisoner became a mother, in a field near Rif. • linghurst, after having left a house in 'Pulborough, where she - had taken lodgings. On returning to her lodgings, her landlady:' observing the alteration in her appearance, and that she was ex. • tremely ill, asked her whathad become of her child ? At first she denied that she had had any chill ! ' but, upon being pressed. .more homely, she said that, in getting over a stile, :the pains of parturition came on, and that the infant having fallen on. the ground, it was killed on the spot, and she had buried it 'in a , ditch. In consequence of her description the place, the ' child was afterwards fo un d, covere d u p i n a di tc h w i t h mud. The child's head was fractured, and .some of the mud peared to have found its way into the windpipe, as far as they cells of the lungs. • The .surgeons examined gave it as their opinion that the child'i death might have been occasioned in the manner. stared by the mother, and that supposing the 'child to be apparently' ;. dead from the fall, it might have had sufficient life to imbibe' by convulsive respiration the liquid mud found in the windpipe and lungs. After an able summing up of the case by the Learned:Judge, the Jury - found the prisoner Not Guilty. BRITISH' INSTITUTION, PALL-MALL. CLOSE OF THE PRESENT EXHIBITION. pIIE GALLERY with 'a SELECTION of PICTURES by LIVING ARTISTS of the ENGLISH SCHOOL, is OPEN DAILY, from Ten in the Morning until Six in the Evening, and will be CLOSED on SATURDAY, the 13th Insrant.—Mmission s.—Catalogue IS. (By order) WILLIAM BARNARD, Keeper.. The Subscribers to the Print from' Mr. West's Picture of " Our • SaViour Healing the Sick in the Temple," who have not received their Impressions, may receive them upon pay ment of the Remainder of their Subscriptions, at the Bri-' fish Institution daily. To T: TAYLOR, Esq.. No. 9, New Bridgestreet, London. HONOURED SIR, r : BEG leave to inform you, that ever since the year 1790, I had been afflicted with the Lues Venereal, which, froth its obstinately resisting every course of medicine prescribed by the most eminent of the faculty here, and un dergoing severalsevere courses of sa li vat i on , an d tw i ce 'dis chargedfrom the Hospital with little relief, would appear to. be of the , most inveterate nature. In the spring of last year my disorder had got to such a head, as nearly to put a period to my existence-1 bad a large uleer on the crown of my head, one on each arm, and my legs were broke out in a frightful manner ; my right was dreadfully painful, and had been in a state of ulceration for the last seven years; my left had also two large nodes on it, was very much discoloured, and gave, me such excruciating pain, particularly when warns in bed, as nearly to deprive me of rest ; itt this lamentable state, I • was recommended by Mr. J. Thompson, (who received so great a cure by them here), to take your Leake's Patent Pills, which I began to do on the 26th o. May; in the course - of a fortnight I began to receive benetit—in little more than a month the ulcers .on my headand arms were soundly healed— soon atter, the sores on my legs healed also; leaving, how ever, considerable discolouration in the skin, and pain in the bone of the left, which, by the blessiiig of God, an.l a little longer perseverance in your invaluable Medicine, subsided ; the nodes dispersing, the skin regaining its natural hue, and the nocturnal pains gradually going thus became, by your liberal advice and medicine, perfectly free from all my. former complaints—have recovered my former spirits and strength, and am.become folly and fat, in which state haring continued many months, to the astonishment of all who knew u.e, I am at a loss in what terms to express my gratitude, but beg you; for the good of other suffering mortals, to make this my case as public as possible,, as I shall on every occa sion ; in so doing you will greatly oblige, Sir, your grateful, obedient, very humbleservant. - ALEX. MURNER - Swan's Close, .Higli-street, Edinburgh. Witnesses to the above Cure:— John Thempson, No. 3, New Poultry Market, Edinburgh, John P.Plotosh, Old Assembly Close, Edinburgh. Prepared and sold by the sole Proprietor, THOMAS TAY LOR, Member of the Royal College of Sitageons, at Lis house, No. V, New Bridge-street, London; where, after a constant residence of more than 40 years, in a practice parti cularly directed to the cure of Venereal Complaints anti those incidental to the Part s o f .G euerat iO n , w i t h t h at inviolable secrecy which men of his profession should always observe in such cases, he Hatters himself the advice and assistance he gratuitously administers to pe rsons t a ki ng this Medicine,will be esteemed, by a discerning Public, as an adraLtage seldom attainable, and void of all ambiguity. Also sold, by his appoinnuent, tor the convenience of those living at a distance, at the Toyshop, No. 103, Oxford-street; Mr. DisbOrough's, No. 7, Fish-street-hill; Mr. Baxter, South-bridie, Edinburgh ; Callwel 's, Publin ; an d o f one person in every considerable town in Groat, Britain and Ireland, in bOxes of only 2s. .9d. each, stampediiind sealed up with full and plain directions, whereby persons, of either sex may cote themselves with ease, speed, secrec s, and safety. ASSIZE INTELLIGENCE. YORK ASSIZES. BRADFORD MARKET. ( Before Mr. Justice' BAY LEY and a Special Jury. ) HAWSON.v. WRIGHT. Mr. Tismar. opened the pleadings, which stated that the plaintiff was Lord of the Manor of Bradford, and was entitled by charter to hold the market there, and alleged that the de. fendant had injured that market by setting up another market in opposition to it. Mr. Scanr.ETT said that he had the honour to address the Jury, as Counsel in behalf of Mr. Rawson, the plaintiff in this action. The general nature of his case had been stated by his Learned Friend, in his opening of the pleadings. The Lord of the Manor of Bradford had, from the earliest times, pos sested by charter the right of holding a market in that town. No market, he observed, could be held in any place, except by virtue of a charter from the Crown ; and where a market had been held from all time, the law presumed that a charter had formerly existed.' When any application was made to the Crown for a charter for holding a new market, a writ was issued called ad quod daninunz to inquire, by, the inquisition of a JurY, whether any damage to the Crown or any other person was likely to arise from the establish ment o f t h e required market, and, even when the charter was granted., if it invadid any pre. viously existing rights, the party aggrieved would still be en titled to bring hisaction. Mr. Rawson claimed, under a charter of a very ancient date, granted by Henry 111. to Edmund Lacy, who was called the King's valet, which was probably an office of high consideration. Under the Lacys the manor of Bradford became part of the Duchy of Lancaster, and in th e re i gn o f H enry V/I, was vested in the Crown. In the reign of Charles I. agrant. was made of this manor to the person under whom the present plaintiff Claimed. In the year 1689, the manor passed into the fain iIY of the Marsdens, by whom it was held until the year 1725, .when the manor, with all the manorial rights, were sold to Mr. RaWson. In virtue of this charter, Mr. Rawson claimed the exclusive right of holding a market in the town of Brad. ford. The market, at the time when Mr. Rawson became pos sessed of the manor, had always been held in Westgate, but, , from the increasing population of the town, this was found to be a confined and inconvenient situation. An attempt had been ' !Ude by certain persons to erect and establish a market in a dif ferent part of the town about 1782, and certain buildings were erected for that purpose, but the opposition of the then lord of the manor caused the design to be abandoned, and the buildings were converted into warehouses and cottages: This site was after wards purchased by Mr. Rawson, who built a market there, and in that place it was held from the year 1801. But the rapid hi- I crease of populati on i n B ra df ord, wh i ch i n ten years, viz. from 1811 to 1821, was nea r ly d ou bl e d , ren d ere d a ddi tiona l accommo dation necessary, and Mr. Rawson was induced to build a new market upon his own estate in Darley-street, which was opened in the year 1823. Mr. Scarlett then proceeded to state' in what way Mr. Rawson . derived a revenue from these markets, which was by charging a small sum to persons who found their Own stalls a larger sum to those to whom he furnished this accommoda tion, and a yearly rent for permanent shops. The Learned Counsel proceeded to detail some proceedings which took place when Mr. Lambert was the steward of the manor, and conclud ed this part of his case by observing that 'this gentleman was now attorney for Mr. Wright, and in bpposition to the claims he then so zealousy advocated. Mr. Wright, the defendant in this cause, had appropriated a large piece of ground for the purposes of a market; 'had built a number of shops for butchers, and provided a slaughter-house, and', with a view of getting custom to the new market, had held out the lure of better terms, by affording accommodation for stalls without exponce. Whe ther, after having , established the market, he intended to remu nerate himself by taking toll, could only be matter of conjec ture. But no man could take these steps, so obviously de signed to injure the market of the lord of the manor, without subjecting himself to an action. Mr. Scarlett then proceeded to quote a case in point, which was argued before Lord Mans field upon an argument on a special verdict, and which in all its features very much resembled this. It was a case in which the party had taken pziecisely those steps which Mr. Wright had done—erected buildings and provided accommodations obviously intended' to draw persons from lord's market, and the Conn in that case decided that there was a good ground of action. Notice had been 'given to Mr., Wright that his pro ceedings were illegal,;and that if he persisted, an action would be commenced• against him. Mr. Scarlett said, he- was confi dent , -that • this action'Would have a different 'result to, that , Vrought by-Mr. Lambert, who had become the opponent of the rights he before so zealously, if not successfully ; defended, hay. ing now got some new lights upon the subject. My client, said Mr. Scarlett in c onclusion, is fully entitled, upon the clearest DURHAM, Aua. 1. • On Saturday Mr. Baron u LLocx 'opened the Com m i ss i on of Oyer and rerminer and General Gaol' Delivery for this County; and °Tithe same evening Mr. Justice BAYLEY.arrived in town. On Sunday they attended Divine Service at the • Abbey ; and this morning they went to the different' Courts: to , transact the business of th e Assizes. Mr. Justice BAYLEY presides in the Criminal, and Mr... • Baron HULLDCK in the Civil Court. Out of nine cases - which the latter Judge ' tried this day, none were of the slightest' interest. . , . MAtr..s.-4t a meeting of mail contractora'and, others, in Manchester on the 23d ult. the following alterio t tion; ' Were resolved upon t-IThe mail frOm London is to reach•ll4n,t ...- Chester at half..past four in the afternocin. carrying forward the bags from London for Glasgowi.is to 5'et....r 4 .. out from hence at five o'clock p. m. and the letters are AO blasgow snag to admit of their being delivered .• the 'following evenirsg,lhat is, the , second evening after quittititp:;..., • • ' London. • The mail • from the north is to arrive at Manchestarli ci .t.4, half--past eight in the morning ; an d th e ma il s f o r L o ndon i B o rn e t oat ng h fr om anll t carryingit a t‘t wn o a n ; , the arrival. Of the York mail being accelerated • Autficicntly adnait . of. tffe.t..:.• t u h a e rter le7 a 7 r f n ro in m e l n . o , rth, -are eacit.•;, , ,,.` a a t re tow co n n f t o em r London and a b n u d t ß it ir is - HalifaX • and .Rochdale bags for London and the west, being ts alterations eatifromonth will commence. not yet w ed s': w m by h e e t c l i i th e emr these -aai