The British Press; or, Morning Literary Advertiser.
London, England, 1805-07-11 00:00:00

41°
INTELLIGth-Cr.

ISIM-BEscH, WESTMINSTER, JULY 10.

',ins &fere Lord Ezzamaoftobt3l4
end a Niarial Job:a.
%MITI! V. CROiS.
aiftion brought by the assignees of
and Ksdaile, Life Ilankers,at Gains-
bankrupts, for the recovery of a
ion in this case was, whether an
...atnount was Or was not entered in
Hornby and Esdaile t and. after hear-
• two of the delfts of the Bank-
-201. was entere f for the Plaintiff,
rd of Mr. Lowton.
,octzsvizto v. uorzarrs.
'ion of trespass, 14 arm;s.
ot-GaIIERA f. stated, that th;s anion
against the Commissioners of paving
for the parish of St. George's, I fano-
_ breaking down a gateway belon:;.
Plaintiff and his under-tenants. situate in
-yet. The question was chiefly tried for
ascertaining whether the yard, which
e gateway in question, was private
become, from custom and other
property of the public, and sub.
all His Majesty's subje.!l ? He '
• pulling down of this gateway)
gieat annoyance to the neigh.
the resort and rendezvous of pros-
, house-breakers. Lord Macclesfield bad
obje.ft in this aftion, but to assert his right
this gateway for the use only of those who
v adjoining premises, with which it corn-
Some abort time ago, the Plaintiff
•- yard, for the purpose of reme-
which the Defendants had since

take down and carry away.
the Plaintiff, his Lordship's title to
. had been questioned) was first
witnesses, most of whom had resided in
ud for upwards of thirty years,
promises never were, within their
'Dile passage, and only led to the
the adjoining houses—most of
.indeit-street, and, among them,
,e Plaintiff. They further stated, that there
e renialos of an old gate-way ; one recollet-
half of ." - gate standing ; and the others,
the carpenter who put by the
swore. that the pests. gate-hooks.
remained. Tbey all spoke to the
• yard being the resort of prow-

the Defendant, said, that this
nominally by persons, who were
labourers in the parish. The
Trustees of the Parish ; among
Earl of Romney and Viscou.it
se asserted, there Was not in Lon-
ated a parish, in every respeet
and Gentlemen did not defend this
malignant grounds, but merely to
which they conceived it was their
admitted, the premises in question
oroughfare, whatever they might
sixty years ago ; and the only eon-
was, whether they were public or
...- the Defendant proved, that the
had been paved and lighted by the
of thirty years; and several of
long resided in the neighbourhood,
;hin their memory, no gate whatever
there, except the one recently erefted
and which the Defendants had
,:sottouott thought, that the acquies-
Piaintiff, for so many years, in paving

was to be taken as presump-
, being used by the public ; and,
witnesses had proved that there ever
whereby the public was excluded, it
the public had a right to the
of it.
verclift far the Defendant.
.AG V. WALTER M$l.Cll.
indiarnent prosecuted by the Crovrn.
Defendant, who was a considerable ship-
'Yapping, for having naval stores, be-
Majesty's dock-yards, in his posses-
; a Contra:Jur, or having a regular
sale thereof, pursuant to the Aa of
:oft-Gimp:Ras. for the prosecution,
• the many frauds praaised in this
it was necessary to make certain
prevention and punishment of such
to 40th of His present Majesty, an
whereby it became necessary that all
'T with which naval flags are made)
of His Majesty's Navy, should
running lengthways through the
I all persons having such in his pos-
being a Contrador, or having a re-
were punishable by said aft.
a for the prosecution stated, that
Police Officer, and that the
within a few yards of that
very much in the habit of going to
one day called on him to ask
knives and forks, which he had
perceived the Defendant's fore-
ensign. and with the King's mark
inspeCted something, and asked the
lend him his vice to turn some copper,
as it were, to fetch the cop-
with another officer ; they then
c that this bunain had the King's
bad he any more ? Upon which he
„ad not, and permitted them to search
readiness; they asked for his certificate,
- had a great many; they then
, .lack belonging to the ensign,
Defendant said, be was cutting up,
for his purpose. They searched
and did nut find any other stores
, though the Deleedant's house was
stores of various descriptions, to the
4or 3,0001. On the cross eximi-
, the other witnesses, they all ad-
Defendant chewed the greatest
them search every where : no con-
any kind appeared; the Buntin was in
-,1i4416 to Fsi4iiic view, and they were

enestatitly In the habit of Meeting te Ms ware-1
house.
Mr. ERSICIKE, for the tkanchint, in* most able
and eloqueht address. said, that on** the Jury
should find the Defendant bad those stools kuiroias
and wiltittgl!i in his poslession, they could not find
him guilty ; and they "'Nita not consign this inno-
cent and respettAle young man to infarhy; for it
they found him guilty. be was liable to be trans-,
ported. He then adverted to the Ads of Parlia-
ment ; first, to that of the 9th and 10th of William
the Third, whereby the broad arrow and other
marks were appointed to be put upon King's stores,
and next to that of the 40th of his prevot Majesty,
whereby the round tote in the Buntin *as ettaded.
lie then drew a similarity between the Defendant's
case, and that of a man apprehended for having a
base coin in his possession, when, upon searching
hint, he is found to have a quantity of good money.
The Defendant was a large dealer in naval stores,
ju a adjoining the Thames Police Office, where the
Officers had constant access to his shop: the Bun-
tin in question was openly caposed in the shop; no
concealment whatever in the case; and, to establish
its publicity beyond all question, he would pent%
that on the occasion of the opening of the Wet
Docks, the Defendant had lent this flag to Mr. Mal-
lard, who hoisted it in the face of thousands, when
all the Police Officers in London must have been
present. The At of Parliament relating to this, he
observed, was a very recent one, and numbers of
persons were ignorant of it to that moment.
Several witnesses were then called on the part of
the Defendant, all of whom had been in the trade,
and had never heard of this mark in the King's
Buntin until the prosecution of this cause.
Several men were called to his charafter, who
spoke of him as a respectable, honest, and str:dly
upright young man ; he had succeeded his father in
the business, who had carried it on far many years,
with great credit to himself and famiiy.
The SOLICITOII.-GENERAL replied; and Lord
ELLErtaoaocou having summed up the evidence,
the Jury, after a short consultation, found a it/did
of Not Guilty.

... ......--,,p,„--",„............
• LAIlf J
IGn1:11T Of IVING's-13 •
I$:/lends at Nisi P,i
and
sm
TMs was an ad
Messrs. tiornby and
. ..
tornugh, now ban
MJai:ante of 4201.
Ille only question
Item to the above al
• the books of flornb:
log the evidence of
ern, a Verita of 42'
li kubjeft to the await]
zsai. OP MAC
This itt'as an .s
r The Soticitoit-(
was brought against
and lighting, for th.
' 1 i
vettssquare, for bre
lug to the Plaiuti :
Maddox-street. I f
• the purpose of ascer
was inclosed by the p
property ; or had bi
ill
sarcoma:ince', the p
jai to the use of all
observed, th:tt the
was prodtitive 'of 1
; bourhood, being the
titutes and house-kirt
Ito other objea in thi
hi having this gatew
occupied the adjoinit
/
municated. Some
a-retied gates to this
dying this nuisance,
thought proper to to
On the part of the
the premises (which
proved. The witnesst
• ibis neighbourhood
dated, that these pre]
Meditator', a puoli4
different yards of tl
which fronted Core
*bat of the Plaintiff.
s I ' writhe remalos of 1
Ild MI half of the &
/0/••11 whom was t
i gate an question, ewe
and sput, mill reins
i s suisanee, and the ys
was and highway:nil
Mr. hags. for
*3ion {*fended,up
asiking loft than
sled pinks were the '
• ewer., the La
—and, he 1
en well-regulates
i Noblemen and
. .
ietion upon any mali
try pobbe rights. wh
duty to dn. He ado
1 west now no chorea
have been fifty or slat
east they had, was,
private property.
The witnesses for t
I yard in question had
perish, upwards of
them, who had long
swore. that, within t!
had been put up there
by the Plaintiff, ani
t pulled down.
'l‘. . Lord Et.trs:sottoi
omega of the Plaintiff
send lighting the yard
five evidence of its
as none of the witnes
was a gate-way, whet
was conclusive, that
free access and use o
The Jury found a
Till MAO
, This was an India
II
f 3iindal s ther a Defend"
- c „ t Wapping
];caging to Ili' Majes
, lion, be not being a I
1 certificate of the sale
l'eshanienr.
l'he dotici roit-C
i stated. that, from th
branch of business, ii
statutes, for the prey
offences. In the 40t
ad was made, where
Amain (the stuff wit
made for the me c
have a raised lilt run
. 2r. it. ; and all
without bein
• . . . gsgassertificate. west
The first grimes& It
. he was a Thames
• Defendant resided
cake. He was very
Defendant's, and of
would lie buy some
so dispese oft he pet
man ripping an ensi;
( it; he gasped
Macadam to lend hi
• he then left the shop
per. and returned v
told the Defendant t
mark, and asked had
replied, he had not,
with great readiness ;
and he answered, lie
found the Union .1
which, the Defend
• being ton large for
the whole house, ant
of the same sort, the
full of Naval stores
valise of at least 4 o
nation of this and th
mitred that the Di
readiness to let the:
cealment of any kin,
t
the open 'hop, liable
• Ts
f v A
'New. .;
.'-‘:•)1kCo.
. .l