The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-31 00:00:00

%VI I:JAMS 1• ]TOLE.

This was an action for an assault.
Mr. 311:n tinV ETki En stated the plaintlff"s ease. His client was
a gentleman who had retired from the legal profe.sioa. The de-
fendant was a military officer. The parties were both cousins, and
and at present resided in the town of Barnstaple. The plaintiff
was a most intimate friend of the defendant's father; but it hap-
pened, unfortunately, that the elder Mr. Bole had two families,
and that the defendant, who belonged to one branch of the family,
was not on the very best terms with the other. It happened that
on the day wh, n this unfortunate transaction occurred, Mr. Williams
chanced to meet 31r. 11, le in the high-street of Barnstaple. They
stopped to converse together, and the conversation turning upon
another Mr. Hole, the defendant's brother, Mr. %PiMama ex-
pressed tho favourable opinion he entertained of that young gentle-
man in a minner that was nut agreeable to the plaintiff; for with.
out any further provocation, forgetting what wtis due both to him-
self anti the plaintiff, he struck the latter with a stick he held in
hit, hand. Mr. %Villiants succeeded in wresting the stick front the
defendant ; but in the scuttle which ensued, he was thrown against
a cart wheel, and seriously hurt. It would be proved that at this
time Mr. %Pillions was in very indifferent health. Ile did not
seek for damages by the present action ; no such consideration had
entered his mind ; but as such a transaction had occurred in the
open street of Barnstaple, on a market day, he thought it neces-
sary, for the sake of his own character, to show to the public that lie
was not the aggressor.
William Pugslcy called, and stated, that he is a aervant to Mr.
Pallmer, the solicitor. H:3 master resides at Barnstaple. Was
standing at the hall door, on the morning of the 26th May, when
Mr. Williams and Major Hole met. They shook hands upon
meeting. Ilin Williams had come from the Bulport where the Ma.
gistratea had had a meeting. Major Hole began the conversation
by saying, " Well, that fellow has had Padden up." Mr. Wtl.
llama answered, t• yes, he has." Mr. Hole said, •• he is a d--el
rascal for striking an old and favourite servant of my father's."
Mr. Williams replied, " may be you would have done tha saute.l
always Mond him a very good young man." On which the
Major replied. "heis a el—el rascal, and every one that htkes his
part." Mr. Williams then said, " you are a madman." Mr.
Hole desired him not to repeat that, for he would not suffer any
man to use such language to him, and if he repeated it, he would
chastise hint. Mr. Williams repeated, " you are a madman, and
I ought to go at once to a surgeon's, and get a straight waistcoat."
I Upon which Major Hole struck hint, and Mr. Williams was
I thrown against a cart. At this time Mr. Williams was in delicate
health. _ _

The Learned Jr nnt here interfered, and suggested the pro-
priety of arranging this business between the parties nut of Court.
He wondered that no friend had prevented it tram coming into
Court.

.Ir. CARTER, who appeared for the defendant, said—My Lord,
we are ready to leave it to be settled by any gentleman in the
county.
Atier repeated and prolonged communication be•Meen the
Counsel and the agents, the suggestion of tl:e Learned Jage
attended to, and the case refetrtd.
The Jury Mere not Collet" upon to give any verdict.
[Before Ale. Justice LITT LEDAI.E. I
R 01%!.:•. BRENTON AND ANOTHER.

'rliis way an action of trover, to rerava thevalueof copper ore.
Plea. the general issue.
The case was tried at the Spring Assizes for Devon, in 1815, !ant
after long rind learned arguments in the Court of King's Itach.
the veraiet. which was for the defondant, was act aside aid all order
for a new trial granted. upon the grounds that improper evidence
had been admitted. thattilo verdict was against the evidence, and
that t!::. presiding ..rAge (2fr. Justice Park) had mi:airected the

. .
'Jura. -Tinigi ffihe Eireumstanteg easelras agape becalifk
for trial.
Mr. Sergeant Wtt.pr. (with 'Arlin were Messrs. Ent:lttiele,
CARTER, and !lora) appeared for the plaintiff, and the Attila..
NEY.GENEIIAL, Who was brought down ',pedal, and had
him Messrs. SPLie'tsf. A. BAILEY, MANNING, and Tutzta,
conducted the iltfendauts•case.
• ft appeared froth the statement of Mr. Sergeant Wirmr, that
the had b..o.ri for. many years the proprietor of ea estate
Wird Lemellan. part of the manor of Lev .„ngton in the eounty
of .Cl7;nwall.,. This estatt had derived fram Rnitilleigh,
who had purchased it in I 1 O, when it was sled under the pre-
visions of the Land-tag Reihrttplion Act. Mr. Rowe occupied this
estate in the usual way. and as lie was admitted on hands to be
inlet iiitelligent'and active speculator, I.e applied Would)* to dirt-
cover whether there were ary atilterals in.hit estate. rn 1829, bin
induVry was crowned asith the nest complete success, having dia..
covered F vein of canner ore on his estare, which promised to be
extremely, valuable. a.-t the lode was found to be only :Jew feet be-
low the surface. With his characteristic industry, the plaintiff !vet
no time rcnderinl . this valuable discovery available; but
na sooner was it ob:ervcd that he had made so valuable a
discovery than the jealousy „and cupidity of other adventurer,.
we e excited, and as soon as a quantity of the Ora wag
raised and laid upcci the imager, thn defendants entered and con—
veyed sway the ores. It appeared that ill doing so they acted under
the authority Of the bast Crinnis Comioany, a party or adventurer"
who had obtained a lease of the Cornish mines, from the Crown, in
right of the Duch' of Cornwall. To determine this right the pre-
sent action was brought. It was a !petition of great inn ortance,
and In his (Sergeant ll'iltlea) opinion, affected the interests ot•
numbers. The particular mine in (location was of immense value,
and was said to bare already uradated nearly 200,0004. worth co'.
cooper ore. fltit it was not this mine alone the. the present question.
alfee,ed : if' it was decided nitainst the plaintiff, it would shake the
title to ptoperty iu Cornwell to a most alarming emenr, and bandies
alto had the tausactainn of estates for •CentUtP2A past would find,
that under this new claim they were liable. to be turned out of pos-
session. fie cautioned the Jury against being led 14 to the sup Prise
anion ,that it was the Crown vino was claiming this right, which
lilasly to lead to so much ruin and tievastatina. It was no suet
tt.inw.;* his learned friend (the A ttornerlicaual) did not appear in
1t,,. oiecial character, but as the counsel for a Company of pr:vatc
adventurers; and he (Sergeant IVildt) was convinced. that if his
learned triold was consulted as the vivant of the Crown, he wtuld
never have given hiyhigh sanction IR a ciaim of this kind. To
the ea idence o; the principle upon which this claim ass founded,
he should not tow advert, but would reserve himself until I.
had heard his learned friend, and until the Jury weft in pria.easioa
of the description of evidence to be adduced in support of Cerro.
dant'. claim.

Oa the part of tlye plaintiff it wee tht4 formally proved that 141
was in pa...session pf the,estate i;flJamellan, and that the defendant&
had entered and tiken.ocrtatlision of Cite ores. •
_ _

The ATTORNET-OXICERAL then addressed the Jury. He de.
nied that the success of. lus client would produce any of thew
alarming consequences whichhia beamed Friend (Sergeant Wilde)
appeared to anticipate. His Learned Friend was mistaken In super
posing dist the decision in the present case would injere the in-
terests of the proprietors of other estates; and as to the novelty of:
the present claim, that was bitogether clinTrable upon Mr.
Rowe, who put in a claim to this property, which had never beet
advanced before. The plaintiff eras only 4 eonsent iormry tenant,
and a cuwerr.ary freehold right in the soil was never held to i arc
given a right to the mines, which were frequently disposed of lade•
pendent of the soil. The history of the county made it evitlene
that conventionary tenants never pretended to a right in the mutest
The Crown held the county ur.til the reign of Edward IL, who
gave the earldom of Cornwall to his minion, Pierre Gavestone.
upon his d.sgrace, and subsequent decapitation', it reverted vein
to the Crow., where it corium:ld until granted to Edward the
Black Prince, by charter and with the assent of the Legislature e
since this period the King's eldest son: as such, holds the duke-
dom of Cornwall, which is inalienable: and when there is no
King's son, it reverts to tlie-Crown. The Attorney-General then
entered into a description of the evidence about to be adduced,
which he. very jingly designated of a disgustingly dry and main. .
teresting character, and concluded an address equally remarkable
for clearness and brevity, by thanking the Jury for the attention
they had given him, and regretting that he found it necessary us
trespass much longer on their.patience. whilst he produced the set.,
deuce upon Which his clirnis tested their claim.
The documsntary evident,-; which was most volumtnous, wart
then gore into, and occupied the entire day. It was 'chiefly of rt
historical chanter. The Court adjourned at the usual hoar.
SATVIIDAY, JULY 29.
The abo4,e cage was returned Oda morning. The production of
documentary evidence was continued. It consisted of rolls of the ,
several mardra called assel4fonable: they were predweed to prove the:
nature of the ternre. l'hese tone wove held admissible after am

infinite deal of argument, though objected to by plaintiff 's Connsel.
Leas:a were then given in evidence, by which the Duke for the
time being granted liberty to dig minerals. These were prates:el
imprison Ernie evidence that the right in the soil was distinct from
the right to the mines.
iransie evidence was also produced, seemingly with the view by
ancient usage to determine the question whether the defindant, hay.
ing a right to the soil, had silts a right le any minenabenesth the
Np trace.. During the eiantinatiomof a witness on ti,is point, ono
of the Jurors tall of whom* were special) became suddenly irdis-
posed, and was obliged to leave the Jury-box.
A consultation, which lasted for a considerable time, wan theft
held, between the Counsel at both sides and the Learned Judge. w
consider whether the case could be proceeded with. It was at lengfr
resolved thit a medical gentleman should be appointed to wait on
the Juror who tires withdrawn, and he' having reported tharthe
gentleman could not be possiblexpected to resume his attendance.
before Monday, Alt. Justice Uttledale said he was determined to
adjourn until Monday, in consequence of the unfortunate fatality
which had taken place. This was the less to be regretted, as 7.
speeted the convenience of all parties, as he feared that even if
the case had gone on, it could not have been concluded. this night.
The Court adjourned at font o'clock to nine o'clock on Monday
Tinning. It is generally supposed that the rase will go into

tits .ay. •
Mr. Justice Elaselee left to-day, on his way to Dolmin, whets be
on 3londay.

optons the Commission

NORTHERN CIRCUIT.

OtEWCAFTLE, JULt 27.
The Commission was opened here yesterday. and the hilliness of
the Assizes commenced to day. There is not an appearance ct
much business. There are twenty-four causes entered for trial in
the civil list, and the Calendar (comprising the primaners both of the
town and county of Newcastle and the county of Northumber:and)
contains seventeen prisoners.
CROWN' SIDE.
[ Before Mr. Baron iIuLLOCK.I
Trilleam Headley was capitally indicted for stealing, from tha
dwelling-house of William Ward, nine silver spoons, the property
of the prosecutor.
It appeared from the evidence, that the prosecutor was an inn '
keeper, residing at North Shields, and that the prisoner, on the
day set out in tho indictment. had slept at the house. On the fed-.
lowing morning he took breakfast, and then contrived to take his
departure without settiing the bill. The spoons in question were
soon afterwards nti‘setl, and they were found at the house of
pawnbroker to whom they had been pledged by the prisoner.
The prisoner addi.asett the Jury in his defence, and stated that
he was the son of a person of some property in Yorkshire, and tat .
in consequence of some 1.11114 quarrel he had left his father's
house. Was it likely, then, after the manner in which lie hat-
been bronglit up, that he could commit the crime with which he
stood charged. Ile hoped, thereftwe, that the Jury would stew
him that consideration which they would wish their own suns to re-
ceive if they should ever be placed in his situation.
The Jury found the prisoner Guilty.
James Pratt was indicted for having feloniously reterned to
England before the expiration of the term of 14 yeah', for whiett
he had received sentence of transportation.
The prisoner had been convicted of felony at the Durham Assizes
in 1131 e, and had been sentenced to 14 years transportatio-. Ors
being conveyttl from the Court to the gaol (which was then a:
some distance), the prisoner had contrived to make his mar, ar.d
for the last eight years had never been heard of. 3leantime he had
been employed in the coal mines. and had conducted himsea wi. t
such singular propriety, that when he now proposed to call wi:-
news to character, Mr. Jones, the Counsel fur the prosecution.
rose and stated that the ',tormenters had made Inquiries into the
character of the prisoner for the last eight years, and had discoverest
that it had been most unexceptionable.
The prisoner was found Guilty, but Mr. Baron LLOC vat.
ed that the good character which the prisoner had preserved fir
the last eight years would be taken into amount, and represented to
the proper quarter.

CIVIL SIDI:.
Before Mr. Justice PA ns.l
DODDS AND OTHERS V. EMBLETON.

This was an71ZIICII;;0171i.--(JICC01,eTaC0M;;ItSati.)11 in
lunges for the injury which had been door to a whip of the plaintMl
by the unskilful and ne•ttigent conduct of the defendant.
SCARLETT (whit whom WAS .lr. TtrIDALi.) stated the
Old:Ili:Ps ease.
. . .

The different witnesses called by the plaintiffs proved that or. t! .•
18th of October last, at eight o'clock in the evening, a vess.::
called the Atlantic, and belonging to the plaintiffs, wan lying
the river Tyne, moored to an anchor, which extended at ionic
length across the river, and opposite to a staith, or wharf, at whi:':
she hail, during the day, been taking in a cargo of cosh.
According to the plaintiff's witnesses, the night was cit.
tremely dark, the tide running down tho river, the wind blownw;
hard in the direction of the tide, and the river COnkilltr2bi
are led by the rains, which' had previously fidlen. At eight o'clack
a steam-boat was perceived by the persons on hoard going along.
side the Atlantic, at a slow rate, na it she had another vessel t-t.
tow. The vessel in tow proved to be the George, the property of
the &lent:ant, which hissing that day completed her cargo at •
staitht above that at which the plaintiffs' vc•sel was moored, was
nraeee.li:ig down the river. - When the George drew near the At-
kin-et, SPnli, hotly on board the George was heard to cry " Starboard
the liclui !" which would have turned her completely against the
Atlantic; but immediately the same person, as if perceiving Mir.
error. cried out, " ilard area!" which would have taken this
George in a different direction. Before the crew of the
Atlantic had time to ship the chain to which they v:ere moored.,
the George had run against the chain, and immediately after.
stru:k against the Atlantic. The Atlantic was thrown on bet
beam e ds, ber crew put in• danger, cud it was, nut until the,.
n:.,i.;ns to si:al; the elf«in was st::ioni its` r way t`itit