The British Press; or, Morning Literary Advertiser.
London, England, 1809-08-09 00:00:00

THIS ARMY.

WORM-OVARDS, AVOVIT la?, 10,9.
At ;General Court Ms. Carl, held as Stafford, uu the loth
of April, lien ?.iol rotainued by idOosiorrseuts to the tsth
if the same month. Legit. Moore, of the itstb Regiment ;
1 :cut. Ma)er, of the 57th Regiment ;will Lieut. M'Grigoc,
of the Lath Regiment uf ; were iirrargited upon the fol.
Inning el.nrges, viz
th. rge against Lieutenants Moore and Ilayerww" Fur be-
baring to a scandalous manner, sigh as is unbecoming the
chic arters of thbeers and Gentliturn on the ought of the ad
of lan It, tgoo, at Stafford, by at:using each other, said
calling each other opprobrions names, and afterwards tight-
en Windier iu the public street: and by appeasing in a state
of 'tibia cation, raising a slut and disturbance, 444 engaging
in an alTray in the public street "
Charge ~,gaiiirst Lieut.'s/its Mayer and APGregrir
For behaving in a scandalima and infamous manner, such
aa ttttt ing the t &warier* of Officers mid Gentlemen,
en the sligl.t of the 01.1 of March, I uou, at Staflurd ; by
;hosing and i64"hing I 3rtit. A1043e, at the door of a public-
Louse, mud in the pohlic street, and endeavouring by oppro.
biome winds to pristoks bon, Lieut. Moore, to tight lath
Lieut. Mayer; and afterwards engaging in 11,1 affray in the
pa him et rens; in entureinence of which they were confined in
the Black Ude ; all shich conduct is a breach of their duty
as 011cers, aid to the prejudice of good order, and military
diaripline"

.
Lienieuinits Moore and Mayer were tuna.] Gail., of the
list .-ba.ge, with the est...lgloo of the crime of intoxication,
att farms relates Ia Lvidenant Moors Lieut Mayer was
also found emit of that part of thr scroutt charge, 1.11.(11
exprosw a the endeavouring, by opprobrious words, Co pi uvula
Lieuleaaut aloure to tight hint.
I Fur which,. Lieutenants Moore and Mai ern-ere sentenced by
the Court to benign illS all• 3 SSTS 6
Court ware of opiii.on, that the thacze alleged oga:ust Lieut.
.11(Gregor sus. nut &efficiently proved, and therefore acviit•
8.4 i hint; whoL Sentence Ilia Mannay has been pleased to
apprurt and confirm. The Consinsnder-in-Chief has there-
fore directed, that the charges exhibited against Lieutenants
jillusire, Slayer, and ANirrgur, to,retirwr with the Sent. nee
et ohs tetift, shall be read at the head of ewes y Carps, and
awned is the Vrderly Rooks.
-err,
13-
morning, about two u dock, a hackney_
toilet), with three persons in it, going along Pavitit-
thent.strret, was stopped by four fellow., one of
whom stood at the horses' heads, while the rollers
rubbed the passengers to the automat of 161. and
tnade their escape.
Soon after eight o'clock, on Saturday morning, at
Winchester, Themes t'rfferher, alias Kircher, (an
accomplice with Broadway), and Ifilliaas Davis,
convicted of stabbing 11 in. George, of Gosport,
were taken from the gaol to the usual place of exe-
cution, where, aftet joining a short t iu prayer
with the clergyman, they were launched intu eter-
nity. They linth acknowledged themselves guilty
of the offences for which they suffered, and recom-
mended othcrs tr, take warning by their untimely
fate. Davis said it was the effect of liquor that
occasioned him to do it, and he had not any know-
ledge. of the transaction till taken before a Magi*.
tritium thr following day ; he 'las been many years
in the army, during which he had seen lunch ha-
zardous nervier, and wait with Sir J. l‘luortk's army
in Spam; mist, ut the time of committing this act,
was editing wrttli 'ins regiment (the Sth loot) to go
Out tat the present expedition.

W INTELUGLNCE.
COVICT OF CHANCERY, I.v:comes-lAN, Auovrr S.

CREDITORS of MAY, SM.I., and Co. Bankrupt',
its the Matter of M'LACHLIN and Lisa?, Bank-
rupt*.
The LORD CHANCELLoR viave jooolgotolot in this
Misr. Ile entered !dly into die 1..4 to of the case.
It appeared that May, Suil, mid Co. writ,: onto:-
chants in the City of ;Amami; 1111 the 17di of Sep-
tember, 18(17, they stopped paymeut, and u ruin-
mistaon of batokraptcy was tak.ui oat ag.iiiist them.
and Gault wCI e creditors to the amount
of 7,20(41. Uu inspecting the books of Nay, Still,
and Co. they were of opinion that there were to,ets
to cover more than they were indebted.
lin and Gault called u meeting of Nlaf, Still, and
Co.', creditors, and 'Meier] to ',WISH.," security for
their debts, ppd.'s,- by instooltueoits, the lasi to tor
payanle in two yeas, for which they would Kit."
bills of exchange, \no cooolttion that the creditors
would allow them to draw immediately 74001. out
of May, Still, auJ Co.'s (stone; this was agreed
to by Ly -the creditors present, with this proves~,
thut M'Lachlin gird Groh stionld not he entitled to
draw out the 7,200 i. witliont tire whole of the ere-
(11,01 s asseirting to this agrersoaroot. The creditors
Spec-slot (the torlilltuiler.) secuitril lalk of exchange
nom for the aulonot of their
claims; but several of the other creditors would
not accept of the terms. Wl...chin' Hod (;14,110,
re..:ordless of the proviso oleic+ natroomed them,
without the consent of the whole of the creditors,
actually drew oast 10,00 01. from the estate of May,
*till, and Co. ; two of the payments
whit* were clever paid. lu March, 'soil, anotlicr
meeting of the creditors took place, when 14.trich-
lio moil Gault +aril they had beets deceived as to
Cie affair' of Mliy, Still, acid Co.; that en hail
si:ice found out, that a partner of the house, iu
Newfoundland, had drovit on the firm to no enor-
mous amount, mei tt:4t it sseu!,l be mite! and Un-
just to hold then to their agreement. The c:rdi-
tore agreed !u cancel their security, 0:1 cuilditiOn
that they relualed the motley they had drawn from
the estate, winch they refused to do. There was
afterwards a dividend of four shillings in the pound
out of May, Still, and Co.'s estate. Shortly after
March, 11308, a commission-of h.oikruptcy was
taken out against M.Laelilin soil Gault. Tt.e pre-
sent petition prayed that the Petitioners railed be
allowed to prove their oevcral bills of exchange un-
der that commission. the Lordship commented
most ably on the different points of the else, mid
observed, it was not more than postiee, that the
petitioners shoved be allowed to prove, under the
commission against Vl.Leclilin and Gault ; their
net ite hail hero beirciitted by the aereemeat. It
was nut for tlmm to set up the proviso, that all the
creditors should have consented. It was not mole
for them, nor was it contemplated for their b:--
uefit. it WAS to provide that the petitioners should
not he placed in a worse situation then she other
creoitiors. Ile, therefore, directed, that they should
be allowed to prove, tinder the commission, their
several bills of exchenge.

HOME CIR(1111'.

SUSSEX ASSIZES.
LEWLS, MONDAY, AVG. 7.
The Commission-day for holding the Assizes for
this County was appointed tor last Saturday, on
which day the Judges arrived in this town. The
business of thie-e assizes is not heavy, there are but
seven prisoners in the calendar, and no one of them
fur any serious crime.
CIVIL SIDE.
Before the Limn CID NY BARON.
WOoDIIANI v. stmts.
This was an action of trespass for sporting on the.
Plaintiff's land, after notice, and has arisen out of a
contest which has embpaled part of this county for
a considerable tune. The real Pleiuuff was Mr.
I lather, who resales at Corsica 11611, and the De-
fendant, a farmer of respectability.
Mr. Selieinit SHIMMED°, fur the Plaintiff, de-
scribed the trespass as one of a moat aggravated na-
tore.—..The Delimalant. in company with brve-
rid °theta, rude over the Plaintiff's grounds, not
merely with u view of spurting, but with a design
totally to extis pate dm game. For this purpose,
they not only had greyhounds and !archers, but
also were accompanied by no less than 12 ur 14
beagles. How they could have conducted them-
selves in a manlier more destructive to the game,
he was at a loss to know, unless they had hired half
a dozen fellows with guns to shoot all they would
oilierwise miss. The Plaintiff, ‘1 uodllain, he !kw,.
was truant to Mr. 'llama, and that Gentleman
being out out the •L'Stii of February last, he saw the
whole of this cavalcade' on hiss grounds. He re-
inimatnited with them upon it, but was treated with
ino-d gross and vul.4ar abuse. instead of redress.
He shoold chew that Mr. 11 alma merely desired to
know their names, when he was called ~~ scoundrel,

villain," mitt the most opprobrious moues that
rcuriility could *norm. He trusted, however, the
Jun, by their verdict, would put en esid to tide
sort ail iiiteitirride conduct of the Defendant and
his triendri.
!leury Heeds, • servant to Harken, said, he
notice on the Defeiniatit not to sport no the •
hods i.f the Pleteititf, on the 19th of Febrnitry last;
lie wee tint sure that it wee addressed to the Defend-
ant b) the Plaintiff. 'file rest of the notice, ex-
cept the address, was in Mr. Herben's hand-writ-
ing.
It was rawer! that a party was out sporting on
the 38th of February last, end that the Defendant
was on it piece of rapeseed belasavng to the Plain-
tiff, chiiher he went lifter his brother, who was
quarrellme with Ur. Harbtm.
Mr. MAIIIMATT, for the Defendant, told the
Jury, that, so tar from the Defendatit Miring coin-
nutted He agu,,,iveled trespass, this wits one of
the most unfounded actions ever brought ii.to a
Court of Justice. The real Plaintiff was Mr. tier-
Iwo, who, it was true, had received some hard
names flow the Defendant ; but as the Jury 'pro-
bably knew him. they could best tell whether tic
deserved them or not. The Defendant, who is a
veil' large firmer, had, in company with his ,
hours and Inci oda, gone out sportung on the /sib of
February last ; they held arnonet them between
two and 5000 acres of lewd, aural had

~-

.^.1,,

whatercr of trespawitig on any land belonging to
Mr. Haas ; In 11:it they never gone into any
of Ws fowl. when he through! proper to come up •
to thew, noft attack them in a very miwarrsiitable
manner. This t:iituced ail altercation between
Mr. Thomas King, tint the Defendant, lout his
brother, :tuff, by di•zrees, emi they *wit on, they went
off the boa ads of the Deleinlant's land into the
Istid of the Plitintirf. «lieu they got titere, the
Drfetittaii., It. Kohl, pot oti his lures and went
film• tier, u, prevent ati:, contention between lie
brother and Hatheill. -Tile moment he got into the
Harlien o Ah, eh, 3W Dickey,
Fee got you at last ; you have now committed a
ter paw, and wt shall pay for it." fie shaull also
roll witiresae:, who would prove that the Defen-
dant was the nephew of the nominal Plaintiff ; that
they lived on the hest pos.,itrle terms of friendship;
and that when Wotilhain was remonstrated with
upon Ins cowl Oct waroi ,e 4 bus nephew idhis lain:,
he declared he was totaliy ignorant of its being
done. He said, at the requksit of }Lobel), he had
signed some blank orifices ; nut so fir froru titmd-
ing to warn tke Defewlatit off the ground, he was
perfectly welcome to sport and shoot there as much
as he liked.
Two wi toesites,of the now., of H;chins and Hard-
wicke, proved, that the y were sporting on their own
nod the Defendant's ennui:ls. and that they had
no intention of treapaveng on any that they
were followed and ittionyed by ilstbrii, in eonse-
power which am tee Au took place, in which
finogry langirage pr0...q1 on both stiles ; that Mullen
retie pas.t them yew:atoll), owl looked in their
faces ; one of theta told hint he would see no fare
worse than his own, &c. At last, Thomas hung
nod Harbert went 111111 II clover field belonging tat
the Plaintiff, and Richard King, the Di fewhisit,
followed; • upon which Herben said, " Who.
Dickey, I have caught you in a trespass at lag."
The Defendant's brother also proved that the
Plaintiff declared he never 113L'illg to warn them off
Inti land, mil the notice had been given by litirheit
without his knowleri,,e.

l'ne Lone CHIEF BA itoN held, that a notice so
given was no noise,. at all; and ob-ened, if they be-
lt...Z-(1 the Dereudalit-4 witne►ses, although a tres-
pa,, had heeu co 1111 l yet the stnallest damages
umiLi seisty the justice of the rage.
Verdict for the Plaintitf--Dameger 6d.

Lord Ettsasoaritlent dnivled the Crown Side
early. Three whinier* were capitally cam ictcd.
---
NORWICH ASSIZES, (Cuittistued.)
Tla"-

TWTHEe.
THE REV. EDWARD LLATRES O RAILER.
It is a painful task to be Calliptiled, so frequent-
ly as se are, to record disputes between Clergy-
men and their Parishimiers, occasioued by the tithe
laws ; and instead of that harmony which ought to
unite them, Instead abiding the Clergyman laved
awl revered by his flock, us a good and faith-
ful shepherd, to hear him charged- with selfishness 1
and rapacity, and cornier:l.d with SAyleek, who
waifs himself of the law to oppress his neionbour.
lu the present case, which was tried on Wednesday
at the Norwich Avsizts, the Rev. Edward Leathes.
Rector of Needham, in Norfut It, was Pliontrft; and
Mr. Biker, his neighbour. aid Iwoishioneri was
Defend we, se action brought by the Plain-
tiff to recover treble damages for t% the corn kit
on the Defendant's Lind, to tete amount in Irene of
1171. Taw Plaiiitiff alleged, that lie was 'acting in
conformity to the taw, and tsrotluced two witnesses
to doubled) his case ;the first of *nom was his bro-
ther, the Rev. George Leathers, who, it appeared,
done every Slooday morning, during the harvest,
a distance of fifty miles from his own living, to he
Inspector-General over the tythes of his brother;
nut only to see that they were fairly wt out, hut
also to affix the value of diem. And hire it way
be necessary to observe, that the living of Needhein
fade to this witness ut the decease of his elder bro-
ther; and that lie is now paid four shillings acre
for small td thee, and nine shillings an acre
for the great tythes ; but still, not satisfied, lie
winded to gather them, The Reverend George
Leathes declared, that the tythe corn was nut
fairly set out ; that, iu some instunces, the fariner's
heaps were larger than the others; that the winds had
blown the tythe cora hack to the fanner's ; that the
barley was nut rocked ; that one field ass 1101 well
raked ; that in a piece of pease, sonic of the heaps
were nut sufficiently large ; that, by a pond, there
were wine rushee in his brother's corn ; that in one
case, the faren-r's man had made the tythe heap the
eleventh instead of the tenth, and in soother, one of
the ty the heap, was carried away by some one; that
there eas not, in his opinion, sufficient ruom to
cart away the tythe without injuring the fui etre.
corn ; and that there was a great deal of what the
Reverend W'itness termed colt/keit,. to the heap;
beside", iii a piece of the Defendant's, there wait
sear hat scalding land,and.ort that part,more tythe
fell to his brother than lie thought was right ; and,
added to :ill this, the Defendant had cared away
some barley alter it was tythed, but before
the whole piece ass tythed, contrary to law ; that
cue piece of wheat aas not all of a cut and tythed
at the saute time, nor was n piece of oats ; in short,
he agreed with his brother, that the Defendant
not strictly complied with the law, and, therefore,
that his brother was justified in not takitig it away ;
a *levant of the Plaintiff was produced, to establish
the tes t i ttt °say of the first witness.
Mr. Bear, as Coisiewl for the Defendant, made a
very animated speech to the. Jury, explai 111 l ig the
nature of tlw tythe laws ; that when Mr. Leathes
brought his action to recover damages to the simouist
of 3 ar etvO;. it would he necessary far them to con-
sider, whether any emeriti:set tgyeand could be im-
puted to his client ? He should prove, by the most
incorruptible witnesses, that Mr. Baker had con-
ducted 44.ti5..1f in the most upright sod lionouralhe
trimmer ; that is no one ireaueet had he forfeited his
chitin to that high character he had ever priaaessed ;
',or hail he deviated from those rules which were
aeressary to establish that harmony which ought
ever to salmis' hi:tweet. the Minister and his paraih.
toners. it was troe that the Reverend Witness, first
exanstnetl, bad talked mach about loose straw. and
rushes, Ghoul a general your/titan, in which reels he
iippeeeil quite bewildered ; nay, be even could not
point out the exact time of these circumstances oc-
estrrieg, but took a range of three weeks, saying,
it was during that period ; the Plaintiff knowing

77- 41-.7

•
that he could not himself appear as evidence igaiallt
Illy client. gets whom to appear to "Lis Court
Justice to speak to his claim' 111iy, f
the Jury, not such nien as you will And 31r. !taker
terested persons, men front a &stems'''.
nay, tythe owners and tithe occupiers, Le:A
I, the valuers, and even the neiglihmira of the
Plaintiff ; altogether, such a body of evidence to
favour of Mr. as must convince every
Jury : No. the li.:verend ge is hie tiro.
then, who likewise is ie (truer:, to rd.. tirry
wile., every work, backwards end isirwards. frees
Bury Ncettinco. to he Its tithe-itcopretor,
zed then to effillr iwre 10 attack the tootio
of .he lb-fend:nit, to sty lie has drfrautlea hisbria.
Omer, who s-eks to reenter damages to ilk asaotqut
of 400 i. V, hy, Clentlemen, is it likely llr.Jlllalser
would, kienc,ngly, get into the is of tisk W.
vereiiel Geritleinau ? Is it at all likely, aria yeti, err.
dit it, milieu I tell yon. that my client hiss.begi
der the harrow ever since the year 181 t ; .amid when ,
I produce to you, to Court, a fetter trod; the Ilewl
fondant to the Plaintiff, requestiug -Inns to come,
for, or to surfer him to remove, the tedie-eorti, yr.
they than it should perish im the eartit ? The Rev:
George Leather, as I before observed, cams urea
to Needham pell-mell, and he made up his 'Mud
relative to the *title 4.4 the tythe.eoru ; and he trl:e
you of strawy, and of rushes, and of a short
and a scald, and that, in spite of even all hie
one little heap was carried by sumac lilac
of the farmer's field. of the Jill y, did
any of you ever hear of Wiley being corked 111 LW/
..0111.trV? DO you suppose, that what was um the
cietoni of the ex-marry was to be cool phi* +nth
And ii ire any client did every thing which that
custom commanded; when every uptight sod
manly proof he brought of my client's intentions
end actions ; I sae, will you. in opposition to the,
great hod) of evidente I shall produce in Mr. BUI
ker'a favour; will you, iv direct oppoeveion to me
contoins of the tomotry and the law, tell the world
that my eltent has acted wrong, *nil that the
Plaintiff can recover of lnin damages to the antemut
of 4001. ("sniped under the very dee titration or 4 -
fraud? Geetleinvii, it may he said, that I hare to
regret not being able to bring hefore you hen. wits
would have been a most iniver;el water,--the ma-
nagiug steward of Mr. Baker ; hut he is µDalt' to
• the dust of his lathers. Still, I trusty Z shall slaw
to you that his evidence is not retpesite; cud ii
will affirm, that never, in any Court of Jitittes.,'
was such a cause brought forward." The Lrartied
Cuuusel then expatiated en the lee of the In. d, vs
it related to the tythes. and tn.-min:eel the ei •heret
envy of soils in stitne of the same fiefs- of do• lbs.»
fen:font, pronacting the usual cos se of 11.1
ry, by not ripening spi11)011; and he mite cal
folly into detail on every wit of lb- Rev.
Leather"; ei Orme ; more particularl,-, on dig'
mend to have the bailey cue ked ; tt. Leonora!
Counsel gaud, much loss might result to the: fit.
as two-thirds might be saf.-1 'loused whir that mitts
doing—if there ulnae a et, how lorg it n..udd he
in drying—mid it* not, Lou Kahle to lore attack of
the grain. short, he aigenot au the gene All cus-
toms of the country, anti concluded an able ape ill
by shewing, that as CIO foundatiou whatever could
he found, ou which to test any ground. to di,ocriv”r
any intention of fraud, our of deirintion from, the
general custom of the country, that his client. iw.th
to point' of law and of justice, mint he entitled to
their verdict.
A vast body of the most respectable evitienee,
amongst whom ass the former Rector ef t1;0
parish, having premed the witol, of Mr. flaher's
conduct to liovi 61.111 99111 9prigilt and 11111tily, the
Judge agreed with the Jury, who declared Dee
fentlent— Vat arrilty. But the Deferniant /teeing,
unknowin4lv, carried itonty a lithe part ors field of
barley tithed, but before the whiskeys ty that, the
pleintill recovered, by law, to the issountat of 81. E
*lnch is all he recovered, and has his coots to toil,
liguide. In-mg liable; to pay the fanner for the fla-
mer clone to him, !iv not .offering the Clint to .
bares off the land. The is.uo of this ;;,.se
Universal satisfaction to a moat crowde.l Co.itrt, wins
impressed their approbation in a manner the Judger
itos obliged to reprehend.
SURREY SESSIONS, tioaseatiteeltleLene. 4 vir. s.
Tbe Court proceeded strain, this day, in the discharge of
looolventscnotiord iu the toilet of k i les
'1 ureea was opposed int behalf of a detaining rit.
ditty, upon the ground of having obtained motif tirth.r
fake pretences. The caw, am stated by tire Coien-el, wad
this he insolvent had fume CI) bred a wuutmtapkt, hat .
had emitted lbst trade, and takes imp that of a biii•otatiolsc. -
taxer ; for this purpose, it was stated, he had estahEs,a d 1,
honse eu Loudon, under the Jim of June sod Co.; o-a Its
Maticheemr, and soothes in Ilevonshirt" sad buts wren
desalt alternately from and titan these several homes, sand
seat to eireutetinn, to the atuauot of a Iltittioll steriittg,
without any solid fonoilstion for the suppnit thereef It
w-saki be peeved, that the drawers, aeeeptiirs, tee. in float 4,
Bins of Lachangt, •11.-! of them buys under av,
therefore Cu liaise, o.00;•isd by the insolverit fee pa.
pose. If this were rut mtoitett to brim,: the renovate *.elsitt"
the exceptions rat the Act, it n be proved, If sitiessary,
that to the course or these transact .ins battery a ino %het lot' ly •
committed lay soros of these parties, rides the direittuto el
the Pilaw , ; and farther, fast he bout 8 chemical
liquid for exlra.tior yak vet of stamped bake, which had
been flied up, and, sulAtit‘tx.x niter 1111:11PA sad sows as
lien thereof and that for this oftener be had bees twos
clam' by the Stanip-ttili;e, tried at Exeter, and onlyacemit-
ter, le an ozn.srom of a surd in tho tudirtmeat. tie bad
hero made a !ionic' opt a: 1,0E7, hut had 4,ccr etppraret! in
his last easentaation before the Commissioners - autism he
bad retorted for his setae-dale, that he bed nu ts:reperty, bins
kit ms,Tcaderest all he had upon his find egtuniuguing
Mr NOlr.•,t, for the inantsent, hark am objection to the
deletions; °resistor being admitted to to tom ens prowf of
this cage, upqa the eroand Iles; he sh:18:4 he confined to
such obit...inmate, the Prisoner's discharge as lind Mallon to
tteC,nqg, noon whirls Le was a ricelitor, mid of white' I.
ce.nip:4l, ad.
Tii:s was isser.rolod by the Cot SIT, who held, that, I• 7
the Statute, a detmaing credit./ was con:petrol ha g." IMO
nos case whirls could atieet the disc:mire uf his did tor,
open the ;mood of frond.
A number of letters were thee put to and read, addressed,
be the insolvent tv Mr. Grellet, et' the heave of Cecile-it,
to :alter, and Co. London, with show et 'towered he had
foe had twee bill treimattioss 'I hese letters cuaisomil
directions or informatiots of the drawirg, accepting, said we-
✓itiating bill. of Exchange to a einisideraMe anapest, as
accosossiodatiin. bills, or for the parpase of taking each
other sp.
Mr. NOL•N, persona, is his f freer objection, mad dos
clewing kin determinatiou Of takiur floe apatite of ;he Coned
of ICtiee &rock on the point, proposed to thorns the des-
easesua, bra aktbdriaiat ars Chel.lll appearance.
Thai, the C-01:11T strirlsred, it is old sot permit, as knot •
baud to act upon the evidence adduced. The Prisoner was
secordingls remauded, upon the grvuadiet Mitigate" maw/
alder false pickaxes.

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,018
or

11
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