The Sun. — London, England, 1811-06-27 00:00:00

, - ;arr- - rt*.7 CMITIT f"Av NCtl, lusa Tuff ti.tNo maconym.n. TT he ATorwft GcsattAL' Moved. the itelgtee,nt of the Court: egaireit John Macdonald, a rioter,. in Oxforri , street,:ter printing and publiihing two lil;ck afr,tin , t the It A lf: Mr. William lietatid, Vicar of iiroomi., it) Shmersetsbire. C o ls case was first 11';o1. , .ght before the Quarter Sessions at We:ls, in that county, end 'afterwards the dokfitiant yeas indicted in the Court of King% Beech, !ind found guilty. Flom the statement of the ifeee:edirigs at the trial,' which were read by Lord Et-enenottouon, it appeared tliae - the said Mr. was a Justice of the Peace for the County of Seeeerset ; aed• that some mistordeJstanding Leif taken elaee betWeenehitti and a Mr.,Champnees, - atiother'of ! the 'Magistrates, rel ;tier., to the appaint mem of a .Sexton tor the parish a Froome, and, in coblequelice thereof, these libellous parnp!dets ~ere published, delatniog Mr. Itelatid and his wile' in very strong terms the one being 'poetical, called Theroinenia ; the other, a prose produrd:im. Tl,lcestiiilavil of the defendaid was there put in, and read, in mitigation of punishment. It stated that i,e had a w Ik, Owe children, :uni an aged mo ther, d-eending upon hitn tor support ; that he did .Het know the prosecutor, Witham Ireland, and therefore could have. 00 wish to defame him ; was sorry he lead beee so injured by it; but was ready, to make•any atonement in his power, and had, gone to 'Fioome to do so. It complained that his charaeter had been aspersed by paragraphs in newspapers, in consequenceeelthis publication., fie know not the author of the poetical publication, but had riffered .giVe up the name of the person he suspetqed to' be the author of the prose publication. And it added, that, , when he was applied to by a respectable trades- . man in f.rmiden to print, it, tie was dold, and be- , liat the opinion of an eminent Barrister had been given as to these not being littelloes• cations. Mr. 6,suitow addressed 'the Court in mitigation of , pueiihment. said, that, since the trial he `had made inquiry es to whether or not any opinion of -a Barrister had:been taken ;, and the result was, `that none had been asked Or given upon it i ; but he had learnt that the defendant was informed, at the time of thesti'libels being presented to horn, that they opinion of in- eminent Barrister and Serjeant at Law had been taken, as an encouragement for lite). to undertake the printing of these works. •His Thent net knoa log the author of the poetical publi cation, operated as en excuse fur his condo& in printleg that wet k ; and he had. offered to give up 'the name of the author of the other, but it had not been, required of him. He, did hot reside at Froome, in. Snmersetshite, our had he any thing to do with thestedispetes sbeut parish bu,iness... He did. not eontend th it he should pass with, impunity ; hut he surely "Otfight that these circumstances should tend to mitigate hiS pitnisherent. Besides, these were not .worts to tie sold, but he was merely re- quests by a friend, to whom he welt seder some' obligetions, to print thirty copies, which were not circulated by him. I.,.shost, they were such learn ed ereduci:iens, that they is , ere totally unintelligible to heft at the time be undertook, the printing them. Fie trusted that these circumstantes, and what was stated in the affidavit put in, would show the neces• sity of a lenient pfutishment. ATTottifv.GatitAtitc, on behalf of tlit pro- • snot Ha, said, he never could believe that any Bar ristieecould give an oeinion that such publications as these alluded to (winch were too groes and beast ly 1. 0 be desciihed), were .tiot libellous to the high est degree. - . The defendant liad'statede that he • had trees applied to by a respectable 'tradesman to un6 dertake the poetical' 'publir:ation ; but tt by did he not give' up the name o...the individual alluded to ? .-Add to this, hie) infringed the Act of Parliament,- by not adding his name as the printer of the oilier, althenh betel clearly proved by _evidence at the triad, It WoS evitkody impossible that the Ale fend.init could believe these. publications were not tiotwitioitainlitsg , any. pretended opinion ' that as %hewn hiqt. tie- stated in itis" let'ee that ite was rt:inlyi. as far as he ,could,. to give t ee e e l h e reof the prose production, it could a it be unfair now to ask him, would be give up the ote Wentd he give . op the: name of a client ot his own preient attortiey ? .fie believed that ttaa po'..sent derondartt : 1.0. , a4 defended by the Attor ' twy of Mr. the other Magistrate of Froome; who l..eri It r , .i 1;3 p (‘!.5 11'1 , 1) Mr. Irelatirl. It wouldibe grvm-0 klV,ltitiLatiori to the person asperse* b y this fib,t , to i ,r:);4.i.:'afei the author than the ptt ter. 111. had ttol'inany who heard bim would wish to i)c,tr lino, descant upon this libel.; hot it wrallil he tot) offensive and too gross to be peen, see, it in if cuqrt, and hi,: was COnvinced it wa,s such a libel as called ; for the severest .pit-; nishrrient. Mr. Bum/covens and . Mr. MOUtfE 'followed on the same side. Mr .; Justice Ga 0 .611 then animadverted upon the atroetty and ; ihderp tic) , . pf life: libel niqoesticul, than \rotten-, In! said, :nothing coehi Mote . 114)1 . 4; win'. Be wonld hare r tvirihied that. any.` thing ; : could have t „ tin titrergt by the duicnclant's Coun.el.by way of miligAttrin 01 Although he was. not the auther, yet itt-was pretty obvious he.kneW - who the at:ehor, Wm, trod it was impossibte, under all` the cirenrostruh:es thu case, but he must have known it t o b LtTlicayi—tor, in regard to. them both, he ti t :it 1311 might read. It was impossible for any one ro lurk ieto them need doubt that they loYere grUS4 maid 11.0!il , Ws. Fort he first of th 44 the j,u : !gmettt,ot tho Court wiis, that tie •shoui t t b e , cornstit,ed to the, M.ir s liahtea 'prison. ler the spaeo of three calent(ar . months, and, at the expiration thereof, he . shettld,he, detained three calendar mamba more for the other theteatter to cuter it)- to recog'iliAmice for „I to sec4t his ti good , eondura . for three yearse--and, to iutprisoned till the same be paid. I.I L NINT. .Mr...GAl?now moved the : judgment 'of the Court upon Aim Dusin, a drugiit,who had I.e,n conv id e 4 of a vioirtit rrisault upon Mr: John Biro iSithartn, seal , en4 . 6ver; . • 'fins caii.) had bcoi tried at the Clerkenwell Sessions; ;and reittovvd to the Court 'of King's Tat7Fe.""TrelTre7o7777;Ttile Criton was not to; be used ffir the p , ivate, advantage of the King, or for that of,any individual, tilt only for the jlifere"kt- of the country. Here the grant was not for the public 'adYalttav•, but ; was 9u(werlive of the ma-ket l.tu of the kindom. Every authority -in faven( of *al..: by hulk, he contended, most operate as all t-clUolleaion agaiusi sale by s }le pro , ceded to adduce the re Isons aisigired by I.ord Eleneorono) ~ .on this subjeo in (ith F st. The benutits accruing from • the prednaion of articles in - built in markets, his Lordship o!3served, were to'atertal, they went ta The correction both of the (rainy of the article and. the measure, the correaion in both ~f which was lost by a sale bt. sample. The view of the entire was essential to the I;Oyer, as operating to the reduc tion of theprice ; and,' in other respeola, Sales by sample wanted the advantages IA into , in -overt mar , ket, where propeity Might have been feloniously ac quired. As the con - it - non market laws were for the benefit of the pu,tilie,,the Learned Counsel contend ed, the Crown - could net grant any . .thing prejudiCiiti to them. He proceeded to shet, on the authority of a note sobjoined to the case of Kirby and fiche.- loe, by*Chief Justice Powell,, which might be consi dered as a dis4m, which the reasons atterwards ad duced byt.,:rd Ellenbarntigh went to fortify, that the King cannot gianr•a toil for got.ds no brought: itvo tile roarkt. Chief Justice Coke, in his 2d stitnte, p. 220, loid• it down, that toll is a duty on . the sale of things tellable in, market. Goods sold . by sample, liweVer, he contended, could not be goods t4lable in market, the bulk not being capable of that good testimony to their quality which sale in market overt was intended to convey. T gothing could be supposed a sale in masker, as laid 'down by' Liird Kenyon, Unless the article bronglitioto the market. His Learned Ps lend surely would. not contend thdt the bringing a handful of any article into market was such a bringing into 'market as ' Lord Kenyon' contemplated. Here, . however, the claim was not made merely as -market toll ; but the dtiteodailt went on to state, in his plea, a sort ot obligation, arising from the. liability of the Cori. poration to repair the. roads :for the -conveyance of grain into the city. This stewed a sort a confi. • deuce in the Corporation's . ctairn on the part of. fhemselves, which their Lot,lshins weuld t:ot ,to, look M. Lord Camden, in. the case of Tr - ovum.. and;Walgen, censured this-kind of doubtful; plea ;.; anttio.that case, as in the present; it not being st•it ed, though They there alleged that they, hail tite.hur-, d.;;to of, re;.aitiiig divers streets, that the waggons, carts, &e, pised through the streets sr, repaired by_ theM, his L , rdahip was of, opinion t tx:y had 'made. out no consideration so as, 10 bootie thent to This, he trusted would be the 'Opinion of tie Coort in the present case. Here, too, the toll had net -kwen take as itonght to have from the buy er; ' but from,the seller. 'Mr. PULLER, for the cletnflant, in error, con-. tended that the Corporation Was.entitled.to take toll for all corn aold . in the market qapiiis ,m . 04 ; ' and that they had tis much right to take it if sold by sample, as if sold by bulk. It Was nowise unreasonable to suppose, when, the Crown, granted a right which waS to confer benefits on the public, atibfeit to certain reasonable com pensations to the grantees, that these compen.. sliions were to continue, when, from a change of circumstances, it Might he, more ,inconvenient to the person frequentiog the market to bring,in the bulk, than it would he to pay ,tolimn the, whole, white he Only bropght in 2'l sample.; Still the pantie; hati . the a4vanta , e of open market; insteaa cf being forced to go about from house lo house. Where there was no, previous flee mat ',wt, nr no ;private rights Wrebl-oken to noon, ,he enntendell the King had a , right to grant a toll, such as that, now con tended for, which was not in.c . iprogation of any pri vat"e, or other pre-existing right._ Where there was such pre-existing right, there, he agreed, there must he a timid pro quo:. He - ; contended, that here no consickntion was nness6ry to be shewn, hut that; in 'he Nery nature of the, thing', a consitleration was i:nplied, a market implying, consid6ration) aid here.. the disitess having taken place in that very' market, of-the use .of which the plaint - 1 W hay, avail ed himself. Mr. WILLI,oss replied; and The Court tofik consider the , cse, has already been seren yearS it, depondec.co. CO , I4RT OF CIIANC PRA, just 4, OPERA ROUSE. WATERS V. TAYLOR. The LOUD CITANCELLott pronounced his final 'judgment tlik day npiiii•the. merits of 'tiffs compli 7 cared nrotion, and said he bad fullY•cotiSidered_the. explinatury affidtrvits 'filed on behalf of Mr. Taylor respeding the 'application of the revenues' bf the 'theatre within the years specified in the proceedings' and felt satisfied that. consider t rible sums rein Alert unexplained rind unaccounted for; which the order now flamed by his Lordship dit'eas' to be Bpeedily paid in by the defendant. 'Mr. HART, oh "behalf of Mr. Waters, the plain , tiff, rose and suggested the tiecessity of art early, day being ippointed for the,payment,:as . .certain pay ments, the cleat right of Mr. Wafers, were shorty to accrue due, which night beaffeaed . by the day, of payment by the dt tendant of 'the surtl,4,,in ati ear. His Lordship replied, that all. 911'01 circumstances should Are plov4deci for in the order wbich.should -be delivered out to the parties to,morrow morning.— Judgment tor the plaintiff. , The following ,is a li s t o f t h e A mer i can vesse l s , now at Plymiluth, which have, b.-en ,dennned and sent in there by men of war, and, were, condemned, on Tuesday S'e'uniht, by Sir, W m SooTr, in Lh Admiralty Court, viz. the Kir, POUTER; "Inn, Dql.ADAti ; Wonfltridgi, KINSMAN TWO si#ers,, D EVEIt LUX ; Garland, 1-{A LAT ; Adolphus, PAKvx - ri, &hey, I'rOjeCtor, MILL w Ann ; 41u0dcz, 1 , ,L6 ; I)i&eLahe, PEAPC6 ; Ite4an, Tugy ; BainGE,s ; GVY ; arld 111,ii . y, VI ct.'", ER?. The American sessel! Chadestowh pnicLoi, it: Ireland ; stud Zieauty, iii one of the EISIC.:I pond, Were also condemned at Cie same time. Several 6f those at Plymouth have very valuable cargoes. MONDAY, it.INC C 4. Lord• r.,,,naifr- -Ld r .' '' s''''''" , A rtl • ,b.ct.r.:ng tm, 'cir ,f,..a. implements , ellinsharntry, (7713;n0. nntl.,seveial Ge' ntlemen o n:l'Y ctin9n. tram va!lcuii bounties, arrived this morning: Ibe busi uto, of the tiny - commencol n itl , un exhibition tt of Oolveriied matm(es. These were pradicak• turnip diSpliiyecl to greaCetrea, l)y the bast' •operatioa ot turnip, soWitig nnd the Unproved systent on a spJciotis Piece of Lind, win : refit) leSs. than tt.vetity pair of h o rses were eniployed in thii naive scene. The drill here at work sl:illully combined, after their passing 'separate funnels, the regularly clepoSited the fainter in tin. soil. The titio hence seed with the ptilrerivd rape-dust, and tore Was Ihrtitigh the clean and loan; isot Crops 'if; bar the route to the large .centrital n, .1"..h . "' ' l '''' , method of pulverizing the rape-cake was seen , V" Cifelltir operation of two cart wheels tolloA 4)4 c'"''' other in a cylindrical direction: `l'wo Merino were inspeded in th e way hence to the mull boars, 11l ill , farm=yard, where sheep she ring 4 ' 3 ° ' 1 " .. • after Which a vet) , hued in the bet style. The view of prize rarnso speelion. The acnodmplV:neyrianosserriammies,4 crltousneiderteliwislyn.loaitiidi.iiingti iervi took place on the subjea_ of 'he INlerino, breed 01 'sheep, which will be• detailed in' the next d'q''', N ; Port. lii the evening the cotnriny were asseolbtln at the.sheep-hoUse, where ten lots of South DO. rt .. the..ivs,' ten 'in 'each, were si•Ad iit groin twenty,.fiv? interesting report and di,icusstoa. to twenty-eight gnineas a lot. Ihe Duke of Grit disadunntageous, LOCI, Lord Dundas, LOrd Bray.broolt, and the flan. W.. Fitzroy, were the . principal PurchaSers. 8""': merino rams, half:bred ditto, -and the Nes. , w i e l r e alsb,sold at redliced price's, evitently ati .6 ": l° , J L l ' Y \ i ' r , Coke after dinner, reßpetliog,.the continuation o i 1 1 $ 03Ptrialents on the CrOttScS of that bre,:d of slwq . . but verx liberal report elide ay i ),_ -PROVJG .. 0.. ni t erti ' ot the 2Bils of last. Matt, under t he b'e'e'''', The fallowing account Is extratled ifroal IV, ," , KING DoM OP IViVi'l)tiALIA. , LA p6I.TIN,Ii:N Al ';••, r 1 • ti:t rtlaniu. . : , AY ~0.---r nr these eq., . ... ,iv. we have had ;.irtiong the cititien,i.of 01.1 T. tilliVul'/ ' a boy . ten years and 'an half old, who is a rol Plu D : i forhencrit. The name o f this. 1 oung scrivaitil,ll. Chal:les'Witte. He,ande; stands the langoliO, , 11 , 0 ' tort'; getigraphY.,. tlll , l literature, a$ well a cien L t i. .madert) : at the age of eight years be pir9weii, beg ides his mother -tongue, Greek, Latin, Fr "n,' 0 English, and Italian, to such a degree uf r, l : l l l , e j That he could not only translate curlew 4', t i ', e ,_ *, ,gl at Virgil, and the Iliad of Homer, but coli)"'''' ,lk • i . }ring 5 1) 61 i' , w ith . an astoniabin faeility,., all lI I ' 3 ..,, !imp!, 1.1;IT' ± witich have been just mentioned., Ofuil,)lsi; eXa ini hat inl, lie 1 , 00 year gave such itatiefaiiory tr i)(44 ill 1 11 ' sit) ; or Leipsiek, that the Body, hotfooted hint will' ti.t i li;ve 4 r d°l l folloWing diploma :—. tt C a rols C.'" h ' 'Minx u• • • • - rcaticrutt ° l rr H aTc. u o a which he 'enderwent at !he Oliva 0 nrycrsitans larsiensis Itcaore Kuhl .. . t,ii_ui etc. etc:. rr•ero,tttis Wi tte Loehavicasis prier I%..anagruill,'..oo roof, F4 ccututii latas,itnbui. s qlct, saler.`24":jewilli lia r sect 1 cr. prcentatururn eximiangiee in Os quibu!_i.: to ot. . rguatTi r c ri v t e ig a ti o ar 7 L:Lu m g! :. e r r oe u cte c y r u , igarem, quam A !Igraine nisi a j)atie Carulo Ilentl4?(' . ~iICII, r ,p i o unreo et sal? pcyccepcore ac.cFpit. , t - I . r iw,t' 0 si,l(,‘e.rlll,lo Plar.e.singulari nun !nod° alb( ! . 1 , ,./,i ol I insert Ili, Verum-ctium tuff .fide, GPO) austral rsctscriptui cit. . ~, h o no Till his-arrival' at Gottingen, thjg 611 . 430 other 1111W:taco than .his frrther, t he cl: d ,,, WITTE. , HIS Majesty the IN.ringrof Westlll,,l'l;lo'ies sirous . t th at he should continue I' dire t.1''.1),11 3 Of hiri r‘Boo to their terrnination, his grailSel,l,l„ol Pe°sion, Which. has enabled hint to (jolt t' .° i',. Cold n'l if) o u ' t . • , . lies n i i ldr i t l t u i titoot t o p; functions, and to accompany p r „ n „ p lod 'vercity. 'The young, Virtre'is bow elo")",:ii;s10,, gophy :' he is in • Ile of llia(‘li.. 1 0 1 engaged a, coo shed - to. pkyiAes, and rnetaphricks, t uid .;; ha ► • • . • • pp;s, disposition for . ofl the, scierafes, , . 101 ;10......1......................,....J ... i,ft I' .- ~,r n ett . IiAtToN Ghttblt..V.--lieiterday two %.- - i 03 / eg• oarnei of Donvvrrit nod Fox, pilderv4.l't ` fo ,,, eve"'", .ivoi:iatiott, being Oltarged with going , 11 . ~ i , 1111 011 ings' since,•itto't he shop' Of ge:/*ll4ifiltiercivolP (5 "Ij6r; in Holborn, tinder protei)c6s;',l„),litrcl tioru• "..'filbg•artieio, and stealing a !Ileac tll e,.. 0 . i t !, ai d TheY %vete irnmeAllitely porsud anti-06:: 0 10 , t he Prnp.,;rty, which being produced ancl 5 7` 06 , (Or trill , prisoners were 'fill!q coinniitied to Netvg . , . d o ck . , G . gi Ii may fairly be asked, by' wbot: 1) ,,4 ,g , „NAO. , 11'..e little 1-larfequin, in ASTL ta S Orl":/ r, ke 10 . , j.,i,tly L" r . 1)3i) tO ri liMe of Jupiter and .L'iroP32 P ~. t o the (J P ,. night .. ( , ut of the windo w . of a i6f1:10 clol o ''hi' per side box, and-afterwards round thylicdl fret! iht: , staF , e.-13 flight of nearly tWo thousx On tite r 26111 I RTIIS. 1$ LI attei, YrSterdai morn.' g at ggt fieht-110[16e, the wit Mrs, Robertson, eof t l4 john morris,inolia Dau'gliteesr. o f o On the iBth inst. etreeru- Meen•ltrcet Picodi)ly. at St, Getup's, 11414aYr,p'sq,i MAX OAP , ...re Mir* Martha o,f M'aria PPletoll, third, tiaugriter of p Cavell& • lii Nu_e s r-squarc 400 " VePt Lsq• , s e . h the mho List, John ~0 _ c_. rhoinas C'el-lcralc,Gent,Ti Mrs. antoo. nnu,r;olo, lace atitoo, ut evirrtaiket, CAtobri fast week, Gcorge Itirtgovoy, orli.evons ' 6 0 7;ei. WY, to ivliss , H• Watker, of Crreat Shohope• to ,Vlt.Pol4o,tne,ottlifina, Piccad rcfW vv?lrlipoTich.usttrsekl;ty. Clast, theDwillei:oarif rfcll.; vendiatt.square. „riot 0 41 . isiti,aarngefivysitixsoYnc.lsq of yaw Kent. J. ships at MarkV,IIL I‘ S i tt A i ß pf sEo'rld: 2 :l ' . l ;a riCt e. ' 47.1 Newcastle. •• • 2gl es. 9,t i . t i t ; s o. 0 4 ' 4 ' Sundcriand •. • ' 2 • 5 CO iiil• • • • • -----;:------'—'7" -- , Sr°Cl`.7 pideE OF Y P yeSW-,4 ,tock, of , re. , 1 lo:fix , 15,20 g. dig, pf Bank Stock, 30 1 3> In tn 4 lißh. /s ' , 6,1 Nov ; pet Cent Malt i t ,o„hcci , L du i. ~ , 6 0 4 Pet Cent. 79 li 1; 1 i Ontiliu! .I(F:oing, 124 ; pct . teat. Ked. 021 w cons.tor ' 3 per Cent. COM. shut Bank L. Attn. J 6 4 --------'• • 161h3 [nr. - .7A2v, the prmecnior, kin the latter called Upon him for the payment of a hill dile to him ; and from an atfi , !ayit Hut if) by Mr. Strongitharm, tltkit he had been confined by a bloW upon his bkad with n stick, for thter week.", and thlt his snrgeun's cxpence; had anim moed. to 141. and that he Wag yet attended' by, tiv iliiarw Blizard—that he had ,not yet re• covered the 'effeds L. that attack, Wit was sohjea to a diziness in his head, lit int,:nnory patted, and his whole frame injured. Sit .. W . llllam Blizard's affidayit corroborated this statement, and added, that the prosecntor's life W;l5 even yet en datn;ered, as he still suffered vet) , materially. The CoMMON SEIUSANT, an the Rini of the de feudant, ST,Yeestd, that this was 3 fit case to go be• fore t lie. Ma,tet. Mr. Gnattow dgreed to this, an u s the defendant tuft, allowed to withdraw, without any judgment being pronounced. THE KING V. WITHERS, SIMMONS, AND FEATHERS. These persons were brought up to receive judg 7 Ment, hdving been convitted of breaking into a debtor's House, in execution of a writ at. Edmonton, but it Was agreed that the matter should . go before► the Master. TTIE KING V. CHARLES COOK. Mr. PARK moved tife 111(4.);111llt of the Court up'n this pers,n, a pollee officer belonging to the Office 4 at Hatton Garden who bad been comifted of - a violerit and Unprtlyoked assault won a poor tailor of the name of Aikin3, belonging to Hammer smith. ' 'Mr. MARRIOT, on behalf of the defendant, al-, legesi., that the prosecutor ,having ,gone into. a pub lic house, called the Horse Shoe and Stump, at; Clerkenwell-gieen, and got into state of inteiciea lion, behaved riotously, and' that the defendant, a paloe.nflicer, being present, WAS requested by the Landlady .to:take-hii» out of the house. Upon do ing this, a violent scuffle ensued, and the officer took him to the Cleikenwell priSon. Mt'. PARK, for the prosectitor,, , stated, that this was an infamous dombinacron between those sort of persons, called Runners, to oppress this unfortunate tailor. It had been proved on the trial, that Ir,eland, the landlady of the public house, never had made, any charge against him; but that, he .heing, somewhat intoxicated, was taken advantage . of by the defendant, and attacked iii a, gross and manner,, afteiwards taken to prison, and, next day, money was extorted from him, in. order to , con promise the business. The delendnit, for that psir pose, .first demanded a pound note, in the'' slang language hut upon b.iiig refused that, he de maltded half a quid (half-a-gni-tea), and Mien!. wards, consey4ed to take a spangle, that is, seven shillings. Mr. Justice .Quost,' In pronouncing !sentence, said, that the delendatit had ,seen convietvd, upon very sufficient evidence, of an assault and breach of the peace ; and when the Court adverted. to the si tuition lie stop , ' in, in society', his qletice was ,greatly. aggravated ; for when his office was to keep the peace, be should be one of the, last to break it. This Was not the worst part of the case, for it was 'evident to the Jury, .npon he trial, that there had been gross perjury, either on tfve one Side or upon the other; and by their verdili. they, seemea satis fied that it,/ rested with the defendant. He had therefore greatly aggravated his offence by bringing Witnesses to perjure themselves, and to _deceive the CoUrt. Hit ,had ,taken adv.intige of the prosem , tor's Safe of intoxication ; and his subsequent con dna, in endeavouring to compromise, the business, • looked something • like a' combination with his 'friends. For this, hiS offence, he was sentenced to be. imprisoned in the iVlarshalsea.prison for one ca lendar months 7'112 K i ;NU V. NASH., Mr. Serjeant Flung inoVed the judgment of t he .Court upon this Gentleman, who had been indieted for a nuisance, in eretiting a fc•nce across the high ,way at Chippen,Dit ten, is Buckinghamshire. Mr. L, stated, that, how an affidavit he held, tvaS convinced: that there. was some standing between the parties • which might be otherwise •adjuited than in that Court. He hail ua nbjeation to enter into n role to at to +4 hat the Clerk of Assize sheold declare *as proper to be done. • Atter some further observations and statemerns iupon the particular . ciretuoitances of this case, the Court expresiecl their rliiapprov`al of the prosecutor's loving brought this.reipettable 'ebontry attorney in to the sitstarion.of a c , ilprit before that Court, upon matter that couhl,,auct ought•to. be otherwise set tled. They red to let the matter sand over till next 'lean, in order . that . the parlies 'might `adjust theit.,differences ,otherwise than Winging it before • the Court. COURT OF EXCHEWER CHAMBER, Li. V. SNITH, This was an lotion Of tresvass for taking a quan tity of corn for toll for a larger-quantity of cortt spld by sample in the inatket at Woreei4er, and the question arose on two pleas of justification` put - in tar the defendant, stating that the Crnporatien had a right to have and hold a market on every Saturday in the yesr,'except Oiristmas.alay, it it s t ic:m id b ap . pen on a Saturday; and that they had also the right, and it was a burden 'ort them, •to repair and. atitend the market and.the highways in the city or borough, for tho nvire convenient bringing of grain Into. the said city or borough, and, that . they •had a rigt,t to take ono pint for every three bushels of corn 'sold by sample in the said market,: and delivered or sold by sample, and afterwards:brought to be delivered in ti ) e said city or borough. " Mr, WILLIAMS, for the plaintiff in error,. 'obsery ed: that the Corporation claimed this as' a sort of milt• ed right. They claimed it both ,as a toll, and as a consideration for repairing the streets. Now he felt it to be his duty to - contend, that a sale by sample 04,110 t good in law, A right to- toll co uld only 'exist iby a grant from the Crown, ' or by a :preScrip tion, which went to presurhe 1110 a .granG' As such,be Contended, that a grant 4if a toll, *hire ' the bulk of the article was not brought into market, could not be sapporttfd. Their Lordships k new that a toll walnut incident to a niarliet, but :ebuld only exist by special grant from tile , Crown; arid it c I/ It IS of No ftfartlctt-Lout Bow tre t • ) • ,• • LONDON I Priuted by I 1 I:11AM) .4. t, ,•• t and! iblisbed t , % Latur; fur the Editor Str3ud, where Aduatiuments, Orders (or the Paver , AIV AitMIGI ik Sc' P.! P PS, South Vol toriso root. r t l"T ur egi At the Stis O vu ot, No. I 114 trost-p3la), mus : b.., addrt-s ii f' 5 `j~ 1 I ~ i t , r 1