The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-22 00:00:00

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MIDLAND CIRCUIT.

• • • --- • • LEICELITEat JULY 20. .
At twelve &Week the Grand Jury were sworn.
The Loo CHIEF JUSTICE briefly addressed them. He had
no particular observations to make, as the state of the calendar re.
quired none. The prisoners were comparatively few, and the crimes
only such as were of usual occurrence. If, however, the Jury
should feel any difficulty in any of the cases to be presented to their
notice. he would be happy to lend them his assistance; but he ra-
ther thought they would not require it, as most of them were gen-
tlemen conversant with the duties attaching to their present situa-
tion. They had now only to proceed to the discharge of these
duties, which the country would thank them for discharging with
strict impartiality and despatch.
John Shipley, alias James Shipley, alias James Filen, was capi-
tally indicted for having stolen un t:te 22d "lay last, at Belgrave,
in this county, • grey gelding, the property of Thomas Stanley
Needham.

Taylor Sharpe, a farmer and horse dealer, at Melton. deposed,
that on or about the 23d May last, the prisoner offered him the
horse in question for sale, alleging that he had the evening before
bought him at the fair oeltowelt. The witness offered Int. for the
horse, but the prisoner said he would not take lees than ele:en
pounds. This excited the suspicion of the witness, for if the horse
were sound he must be worth much more, and if stolen, why the
prisoner would be glad to take any price for him. In consequence
I of these suspicions witness detained the horse—had him advertised,
and in a few days after the present prosecutor came to look at him,
and claimed hint as his property.
I Mr. Needham deposed to the horse being his property, adding
that he had cost him above NIL
_

The prisoner made a rambling defence, and the story he told
seemed on the face of it altogether unworthy of belief:
Several witnesses gave him an excellent character, but the Jury
immediately returned • verdict of Guilty, strongly, however, re.
commending him to mercy, u did the prosecutor.
The Loan CHIEF JUSTICE observed, that he would not be
inattentive to the joint recommendation of the Jury and the pro-
secutor ; but where crimes of this nature were so often perpetrated,
he at present considered the law should take its course.

cure heavenly mercy. His Lordship then pawed septettes of &vita
in the usual form, and he was left for execution.
. CIVIL SIDE IN THE CROWN CaTLIRT.
Mr. Juatice BURRO con then proceeded to ay causes rroto tho
CAM paper.

THE XIEG v. JOHN OHRE.
Thin was an information tiled by his Majesty's Attorney-G*4M
aglinst the defendant. who had been employed itNi gauger it the
excise, on the middle %Veld) ride, and it was his duty to gage
only, and to transmit an account of the quantities' f ale gasold4
ton collector. Instead of confining himself to thisdcpaitrnent, lid
had extorted from a person in his district, a Aim of 31. k., ihou
the real amount or the duty was only la.
Mr. SHE rn ER o conducted the prosecution.
Mr. RICHARDS appeared for the defence ; and alt sump' wet
made to show that the prosecution was melioions, but it was
ineffectual.
The Jury found the defendant Guilty • and be will be breegliti
Hp for judgment in the Court of Kings' 'Bench, nest Alielseeleese
Term.

_ .
NORTILEIINIit.

tutor 10.

TALL v. SEIL4kE.
Mr. PARK opened the pleadings. The declaration stated that
the defendant was the proprie.or of a pobffc stage coach, and era
gaged, for a reasonable hire and reward, to convey the plaintiff as
an outside passenger from Richmond to London, bat that the de-
fendant, not regarding his duty, had only conveyed the plaintiff ,a
part of the way, and the plaintiff had thereby been compelled to
take another conveyance. There was also a count in doter, foe a
bag, containing clothes and books.
stated the plaintiff's cue to the J_rtry.
M. %Vir.r.raws
From the evidence it appeared, that the plaintiff had 1.11
visit to a Mr. Bell, at Richmond, in Yorkshire, and balm
to return home, had applied at the coach-office Mew ant
an outside place on the coach, of which the defendant was part
proprietor. The coach accordingly took up dui gibigiff Lb&
following mrirning, and carried him as far as IRlpam.- Tho
had not paid his fare at Richmond, as it was tiammory ti ties
fire-wt Ripon. Previoulyna the arrival of thadisesiese Mime, the •
plaintiff had learnt that he should be delayed et Leeds a day before
he was sent forward to London, and upon stating to the eoariroan
that the delay would be inconvenient, he had been informed that
' he could go by a coach from Ripon to York, and from thence misfit
go the same evening to London. Upon the arrival of the coach at
Ripon, the luggage was taken out and placed upon the learnment,
as the coach wan there changed, and the passengers forwarded to
Leeds by another coach. The plaintiff took up his bag and was
walking towards a coach which was just setting off, when the de-
fendant, who drove the Leeds coach, approached him, and de-
manded in. as the fare front Richmond to Ripon. The plalatiff
refused to pay it, alleging that as the defendant bad broken hi en-
gagement to carry him to London, he (the plaintiff) ought not to
pay anything for the distance he had already gone. The defendant
then took the plaintiff's hag and drove off with it to Leeds.
This was the pla ntiff's case.
Mr. SCAR LET T, for the defendant, submitted that the plaintiff
ought to be nonsuitetl. No case hid been made out for the
plaintiff. The plaintiff had taken a plaCe by the defers.
dant'a coach without asking at what time it would arrive to
London, and by that coach the defendant had been ready to convey
him if lie had continued in the mind to go by it. Besides, if a eye•
vial contract had been made, the defendant had himself relinquished
it, because, before the coach had arrived at Ripon, he had declared
that he should take the coach at York, and go from thence to Len.
don. On the trover count he would submit that the defendant bid
a lien on the bag, if not fur the carriage of the plaintiff from Rich-
mond to Ripon, at least for the carriage of the bag.
Mr. 'WILLIAMS contended that, when a man took a place in a
stage-coach for London, the understood meaning was that he should
be taken there directly. But in the trover count the plaintiff' WAS
clearly entitled to a verdict, because, es en if the defendant had had
a lien on the bag. that lien had been abandoned by the possession of
the goods having been parted with by the carrier.
Mr. Justice PARK was of opinion that the plaintiff had not wade
out his case. If the plaintiff had bargained with the defendant to
be conveyed to London within a specific time, then indeed the ease
would have assumed another appearance. But he bad merely bar-
gained to be carried by the defendant's coach to London, and there-
fore could not insist upon being carried sooner than, according to
the course of the coach, he would be. With regard to the trover
count, he thought that the defendant had a lien on the bag, nor did
he think that the defendant had ever parted with the possession.
The bag had merely been placed on the ground in its transit train
line conch to another. Ile should therefore direct the plaintiff to be
nonsniied.
Plaintiff nonsuited, with leave to move for a verdict with a shil-
ling damages, the defendant undertaking to restore the bag.
DUKE OF DEVONSHIRE v. LODGE.
(Refire a Special Jury.)
Mr. TINDAL opened the pleadings. The declaration stated that
the defendant had broken and entered the free chase and warren of
the plaintiff, and had destroyed great quantities of game therein.
Plea, general issue.
Mr. SCAR I.ETT stated the case to the Jury. The aintiff, In
this action, had been compelled to resort to • Court of hew, in or-
der to establish his rights to a species of property which bed
for ceuturies been possessed by himself =a his anuatora,
right to a free chase and warren in die Forest of Langstrothdale, in
that county. The forest had, in very early times, been veined in
the Kings of England ; but in so early a period as the reign of
Edward the Second, had been granted to the Earls of Northain-
berland. By family settlement it had next been transmitted to
to Clifford, Earl of Cumberland ; from him it had passed to the Earl
of Burlington ; and from him it had passed to the ancestors of thaCa-
vendi.h family. By that means it had descended to the Duke of
Devonshire. the present plaintiff. The Forest of Langetrotbdale
was situated in Craven, in a remote part of the county of York.
It was on an elevated mountain, but was itself a small vat-
ley, comprising several hamlets. It would appear that, in
early times, the family that possessed it had owned the moos by
which it was surrounded, hut that in the course of time thewhols
had been parted with, except the of about 40, Re