The British Press; or, Morning Literary Advertiser.
London, England, 1807-07-22 00:00:00

.*0...1E CIRCUIT.

@si/VOID, JULY 20.
About twelve o'clock this morning Sir JAMES
Masan bLD and Mr. Justice Haar si commenced the
Home Circuit, by opening their Commission for
holding the Assizes for this county. After hearing
divine service, the Learned Judges proceeded to the
different Courts: Sir J• 54 ES M A lasi t ILO sat on the
Civil Side, and Mr. Justice HlaTa on the Criminal
Side.
CIVIL SIDE
There are only five causes entered, of which three
were tried this day.
WOOD O. TSSEL I.USSON.
Mr. BOLL AND opened the pleadings in this case,
which stated, that the plaintiff was possessed of cer-
tain closes, called Leigershot Mead, in this county,
which were occupied by one James Water., as his
truant, and that the defendant had cut away the
bank, by which certain parts of the land were co-
vered with water, to the injury of the reversion.
Mr. Seij-ant tan then detailed the circum-
stances of the case. The plaintiff, he stated. was a
Major in the army, and the defendant, Mr. Thellos-
son, it was well known, was a gentleman of con-
siderable fortune in the county, having an estate at
Aldenham. This estate Mr. I'. had very much
beautified and improved ; and in his desire to com-
plete his improvements, he bat], without asking per-
mission of his neighbour, made flee to take possession
of a pat cel of his land, for the purposes of converting
a brook into a canal, which would form a very pic-
teresqae view from his windows. By the plan pro-
duced it would be seen Mr. "Fheflus,,on possessed the
land on one side down to the edge of the brook in
question, on the other side he possessed only a part
of the land, forming another part; notwithstanding
this he bad pared away the whole length to widen
the stream, without even informing the plaintiff that
he wished to be accommodated with a few yards of.
his land.
The defence which was now to be set up was, that
what was done was an improvement to the remainder
of the plaintiff's estate. But the Learned Serjeant
observed, that an Englishman would not have his
/awe improved without his own permission. He
should clearly (hew the encrnachment, which would
entitle the plaintiff to recover such damages as the
Jury should think the case deserved.
Four witnesses proved, that, by the defendant's
int/dine, the bank abutting the plaintiff's land, was
eat away, in order to make a sloping edge for the
new ea 1111; and a Mr. Kelsey, a Surgeon, stated
that the ground taken amounted to absut one-eighth
of an acre, which was valued at about 101.
Mr. Serjeant Best, for the defendant, admitted
11 that his client must ..-e a verdisf pass against him,
bat assisted it was a very ill-natured action, as the
land of the plaintiff was benefitted by having the
Moods drawn off by an improved water-course.
Verdi& for the plaintiff—Damages 131.

SF; MS e. TAYLOR.
This was an adion to recover 501. the anima of
It& a year's rent due for a kitchen and nursery gar-
den. at Barnet, in this county. There was no ques-
tion as to the occupation of the land by the defend-
ant; but, in his defence he contended, that the
lettinewas by one LOrtday, Jed not by the
plaintiff.
Loveday was called as a witness, and be stated,
that he *as son-in-law to the plaintiff, and managed
his concerns, and that he let the ground in question.
as his agent; but the written agreement and all the
receipts were given in the name of Loveday, as on
his own account. But on referring to the wtitten
agreement, it appeared, that there was written on a
corner of it, " By datioray .1 Mr. Sh4l." which
Leaeday said be believed was written at the time of
its eaects•ion.
Mr. GA illtOW, for thedefendant,contended, that
the Jury could not give credit to the witness, inn-
' much as all the wtitten documents contradided him.
In the body of the agreement he stated the hand to
be his own, and all the receipts were couched in the
same 'assuage. He insisted that the action WAS
brought in the name of Sharp, in order to make
Loveday a witness in his owl cause.
The Loan Cum JUSTICL obsetveJ, that if any
reason hail been proved why Loveday should have
an interest not to bring the adion in his owe name.
supposing he were really interested, he slinald h..ve
thought the case se sn,picious, that the Jury would
base been warranted in nit believing him. But no
such reason appearing to exist, he saw no reason
why they should not give him credit.—Verdid for
plaintiff.
CRIMINAL SIDE.
John William Woodstock was indided for feloni-
ously stealing two seven-shillings pieces, the property
of Nathaniel Smith Machin.
The Prosecutor, Mr. Machin, kept a shop at
Hertford, and the Prisoner lived with him as his
shopman. Having had occasion. as he said.
to levee the Prisoner he watched him, and
on the '2Bth of April last, he law him take some
money of a customer on the drapery side of the
shop. He asked him how much, be said it was
ty.. 6,1.—tw0 7 shillings pieces, and 53. lid. which
is► said he put into the till. Mr. Machin bad just
before emptied the till, and therefore went to look
if it contained the money, but it diJ not.
The Prisoner appeareti much contused. hot as the
Prciecutur did not find the money on him. he con-
milted himself with dismissing him his service. lie
however insisted on first searching his box, and
there Ise found 3h guineas in gold. some halfitti-
peas, and seven-shillings pieces. This the Prisoner
said he received as the price of a horse which he had
sold. The next day the two seven-shillings pieces
were found in a roll of checque cloth, near where
the Prisoner stood when he received the money, and
the Prosecutor caused him to be apprehended.
Several Witnesses were called on the part of the
Prisoner, who proved that they saw him in posies-
Lion of at east 40 guineas before lie went into the
Prosecutor's service. Verdift—Not

The Telegraph, at the Admiralty. was at WOOL
during the *hole of yesterday, with Deal, Ports.
mouth, and Plymouth: —lt communicated nothing
of importance.
Ti. Lent( Forks, Stst, fur London, has put back
to Jamaica.

C.lhr. bound to Bristol, not having been able
inn' he Reef, has put into ivaanak la Mar,
(lamaica).

GLOUCESTER, allay 20
On Wednesday evenieg, the Lord Chief Baron,
Sir A. Macdonald. arrived in this city, escorted by
Charles Evans, Esq the High Sheriff, and the
usual retinue, and repaired to the Booth Hall,
where the' Commission was opened. On Thursday
morning, his Lordship, and Sir Robert Grahain,
attende.i divine service at the Cathedral. The
Judges afterwards proceeded to the Hall, where the
business of the Assize commenced. The Lord Chief
Baron presided at the A'rn Prins, and Mr. Baron
Graham at the Crown Bar, where he Jeliveted a
concise and very elegant Charge to the Grand Jury.
His Lordship complimented the Magistrates upon
the state of the Calendar, which contained the
names of only ten prisoners fur trial—a circum-
stance zender:d more honout able to the police of an
extensive and opelent county, by its being nearly
surrounded by populous distriEtss where offences
against the laws were generally more prevalent.—
He remarked upon the cave of one prisoner. W.
teamed, whose offence, a breach of trust, was
made capital by a recent statute. Adverting to the
very salutary ,rcgulations of our comity gaol, he
paid a high encomium on the admirable institution
of a mode of punishment which embraced a system
of reform among the unhappy individuals, who, by
their crimes, rendered themselves amenable to the
laws of their country, and were often restored to
their liberty, sensible of the errors of their past lift,
and thus became better members of society.
The Grand Jury, with their Foreman, Lord Ed-
ward Somerset, M.P. for the county, then retired ;
and, having quickly found bills against some of the
prisoners, the trials were proceeded with, and the
following were the sentences passed :
Jelin Harris, for stopping Mr. 8. Butt, of Westbury-tapas
Trim, upon the highway, near Bri,t,il, and robbing hint of
his watch, and about 6s. in money i and Hester flaviland, fur
entering the dwelling-house of W. Smith, iii the parish of
PAillatWiCk, in the day time, no person being therein, and
stealing sundry articles of wearing apparel, were capitally can.
♦icted, and received sentence of death.

Eastmead, for secreting and embezzling the value
of a gelding, which he was entrusted to sell by hi: master,
Joel Tanner, to be transported for amen years.
Richard Abbot, fat stealing hides and skins from his master,
J. Ring, of Elo-itton-on-the•H ill, to be ianprisvited two yeans,
and fined L.

Thomas l'arigger, (a soldier in the 61st regiment of font,)
for a gross nsi.dcarestiour at Cirenceiter, S. be inspriionied tw
years, and to be twice publicly whipped in the marketplace,
on market Os, during that period.
Ann Watts, foe stealing a pair of we,str,l stockings in a
dwelling Iloilo, at Cooky, to be imprisoned one year and
William Haines, (or stealing a pair of shoes at tlorteley, six
month's imprisennarant, and each to be fined I. and kept to
hard labour during the period of their cnufinement.
Joseph Gardner and Thomas Smith, charged as principal
arid accessary in committing a rape; and Aram Cooper, ac-
cused of setting fire to a waggon-house and a barn at Souls.
don, were dozharged by proclamation.
He.ter Ha•dan.l, was reprieved before the Judges left the
place ; but Joho Harris, whose crime was -stamped with per
liar aeisef cruelty, and an attempt to murder Ms. gun, the
headsman be robbed, is left (or execution.