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London, England, 1826-07-29 00:00:00

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adz:, was sworn. He said that he anti his trother had lnrg
suspected that the prisoner was robbing them; and with the in-
tention of detecting him. witness put eight marked shillings and
other marked pieces of into she shop till, on the morning or
the Gilt September, 111:15. Ellis v.-as requested to attend lie $1101)
that scorning earlier than usual. Several shillings acre received at
the toilette?, and dropped into the till IttoNre breakfast ther morning.
Witness had observed tile defendant, in putting what it? received
into the till. occasitutally dray Lack his hand. nral ilita his three
lingers closed as if he retained something. Shortly after he would
put nix band in his waistcoat. picket. Witness examined the till
after breiskfost, and found that it contained but Ss. 6:1.. whilst
witness eticulated it should have contained at least a pound. 11'it-
' lies, communicated this fact to his mother, and they agreed to
send for at. officer. The prisoner was subsequently searched, and
14s. Rd. were found in his waistcoat pocket. Of this there were
seven of the shillings which the witness hod previously marked.
(The marked money was here produced.] They were in witness's
possession shice the Sessions of October. 1623, when, after the con-
viethm of the prisoner before the 31agistrates for embezzlement.
►lderman Phillips handel them to witness. Mr. Phillips is now
Lid up with the gout. and is too ill to attend here. Witness is
quire positive that the shillings produced were some of those
mocked and placed by him in the Xi on the 6th of September, 1025.
The mark on them was die erasure of the y in the motto, hold nit
vat rrwf , posse. {Witness erased the v with his penknife. Wit-
ness did sot expect that be nor any of his family would derive
anything from this trial: he had some hopes from his conviction.
Prisoner was already convicted of embezzlement. Witness used
the money received In the snap for his own use as well as the general
purposes of the business.
After a long cross-examination of this witness, in which nothing
material was elicited,
Mrs. Newman was called, and stated that by her husband's will
letters of administration were granted to her alone. The property
was left to the widow, if she continued unmarried, and the children

.
share and share alike.
The object of this inquiry seecrned to be, to prove that Mr. C.
Newman was an interested witness, having a share in the property
which he was managing, and with the embezzlement of which the
prisoner was charged.
Being called on for his defence, the prisoner put in a written
paper, denying all the charges in this and the other indictments.
1; referred also to the good opinion which the late Mr. Newman
had of the prisoner, and expressed in his will. Amongst other
bequests to his •ervants, 51r. Newman left priaoper a gold watch
chain, Raying, that " as he was well off, compared with others, in
money matters, this remembrance, perhaps, would be more ac-
ceptable to him." The prisoner added, that he had been long
imprisoned, and called on the Jury to redress his wrongs, as seve-
ral charges were made against him, and much prejudice excited,
which was the reason that he was now brought before a County
Jury inwead of being tried iwthe City.
The prisoner called several witnesses to his character. They
said they knew nothing to his disadvantage before the present
change.
Mr. Justice LITTLEDAT E having summed up the case, re.
qn•s•eil the Jury altogether to forget that there was any other in-
,.l.linent against the prisoner, except that on which the evidence
was now before them. The prisoner's allusion to his being tried
t.y. a Cmintr Jury referred, he supposed, to the circumstance, that
on application to the Court of King's Bench it was ordered that
those indictments should be tried by a Jury of the County, to
guard against any prejudice towards the
.prisoner if he was tried
b; a City Jury. After a short consultation, the Jury returned a
verdict of Guilty, but recommended the prisoner to mercy, on ac-
eonnt of the good character he had received.
There were two other indictments against the prisoner, charging
him with embeszling the monies and goods of Susan Newman, but
as no evidence was adduced in support of them, the prisoner was
acquitted on them.
It was stated out of Court, that when the prisoner was appre-
hended in September last, a sum exceeding 7,0001. was found in
his boxes and trunks. There was 1,000/. in gold and silver in one
bat, and rolls of Bank notes, from 1,0001. down, in another. Those
who knew him thought those boxes contained ores and minerals,
in which the prisoner affected to be very curious. The money is
now lodged at a Banker's here, and will, in all probability, be.
come the subject of future litigation between the Corporation, the
Dean and Chapter, and Mrs. Newman, whom many conceive has
the boat right to it. The ease excited intense local interest.l
The Court was crowded to excess.
(Before Mr. Justice LITT LEDAI.E.I

SIR aL. M. LOPEZ, 2•11 T., V. ANDREWS, PETO, DOWER, MID
OTHERS.
Mr. Sergeant WILDE stated that this was an action of milieu,
brought by Sir 11. 111. Lopez, who was well known to the Jury,.
The defendants were 'peculators in mines, and the present action
was brought in consequence of their having disfigured and ruined,
by their mining operations, the beautiful estate of Maristow, the
twat of the plaintiff, at the southern extremity of the county. It
was supposed that a lead ore, or some other mineral, of inconsider.
able Table, was situated in a part of the plaintiff's property, on the
other side of the river Tavey, opposite Maristow. Lite defendants,
'it appeared, were authorized by Sir Manaaseh to search this
part of his property ; but when he consented to this, he had nal
the least contemplation of any intrusion upon Maristow estate.
The trespass he now complai ted of was, that the defendants ram
their shafts under the river Tavey, and worked a considerable way
into the Maristow estate. They were proceeding in this way, sad
the expectation was, that they would next be found under Sir Ma.,
:much's drawing.room. In their answer the defendants pleaded
that the mines they worked were the property of the Crown is
right of the Duchy of Cornwall ; and also that they had license
from Sir 'Manasseh, to drive the Phalli in Wiiticliff wood, directly
opposite to Maristow. Ile was instructed to say that no license to
this effect had been given by the plaintiff, and he was sure the Jury
would consider the importance of the aggression which the defen-
dants had made on the plaintiff's property. The evidence pro.
Raced for the plaintiff went to prove that the river Tavey ran
between Maristow, the seat of Sir M. Lopez, and 'Wit ticliff wood,
which was also the property of Sir Manauteh, and which he called
his ornamental wood. Maristow was in the parish of 'ramerton
Folio?, and Witticlif wood was in the peri..ll of Beer Feria. In
March, 182 a, witnesses, under the direction of the plaintiff; in.
slimed the shafts driven by the defendants, and found they ran
under the river Tasty, and went several fathoms into the Maristow
estate. The mine produced lead ore, and the plaintiff was to re.
(wive a tenth part of the produce, as lord of the manor of Maristow.
'Wi,neases bad seen a quantity of ere exceeding twelve tons
measured out for Sir Manasseh as his portion of the produce. The
last ore weighed nut for the plaintiff was in December. 1822. Mr.
Heywood was the lord of the manor before the
Mr. SELWYN (with whom war Mr. MANNINO for defendants),
then addre.aed the Jury. Ile said Sir Manasseh Massey Lopez
t.o dotibt was well known to the gentlemen of the Jury. They
knew him perhaps is his character of a Senator, in which he 811e.1
A large pace in the public eye. Perhaps too, they had seen him
(meted i'ng the rights of hospitality at his seat at 31artaton, and wit.
;levied the luxuries of bis table, dazzled

—tt inter mensal !anseeque!titritee."

Me entreated the gentlemen of the Jury, if they hail seen er par.
taken of those feerice scenes. no longer to remember then), tut to
sensidez thir. case as if both parties were perfect strangers to them.
.From what they already heard. the Jury were aware that Sir
Manasseh bail witnessed with the most evident satisfaction, the
protress of the defendants in working this mine, of whirls he was
tat have a poetitn of the produce. It was dear he had preferred the
vrwula win which the mine produced, to the delightful prospect of
his ornamental wood of WitticlifT. It wan in evidence that Sir
Manasseh received twelve tons of the produce of the mine, but
niter that sonic demon whispered in his ear that he did not derive
enough by his bargain, and that the defendants ought (slim
lowed him more, to satisfy his art i rasa famrs. He then be-
thought himself of commencing the present action ; and if this did
not succeed, there was another at the heel of it (standing next in
the cause paper) That was an action of ejectment, so that Sir
Vaeasseh seemed resolred to drive the defendants front the mine,
by some means or another. But they had commenced these works
by the license and consent of the plaintiff, and he therelitre trusted
that the Jury would not aid Sir 'Alanaeseh in his desire to get rid of
them front his estate.
Winwsles were then called for the defendants. They stated that
r filanseseh !knee frequently crossed the river Tavey. to view
the mining operations. On one °evasion he crooned in his boat,
sxprettersi Limeelf much gratified whh the progress of the works,
bpi calliee the men r •und him, told them that they had to thank
tam for the work., and that he had got on those works for their
good, and to Five them employment. The men were all very grsee-
ful, and thanked Sr Manasseh. On this occasion six of the work-
men tweed Sir 31anaseeh back to the filarintow side of the river, and
no his lancing one of them asked if his Honour was going tosgise
e n anything ? to whits Sir Manasseh replied, " I did not come
.bet: to give you my money;. I came to ao you all good by the
werite. Sir Manssselt then took sixpence from his pocket, and
gise the men who rowed him over one penny a p;eor. (The wines,
who related this was interrupted by a eneral laugh.) Time byte of
the nine runs from north to south. In working it the defendants
found it necessary to erect a steam-engine. At this Sir filanansell
(zoomed his eatiafaedon, and said if such a mine was discovered
in his lawn, or even in his garden, lie would allow a shaft to he Inn
through it. One of the wimeesea, in the presence of Sir Manasseh
Ind Lady Lopez. said that he knew, by the bubbling of the water,
that there was a mine, when the trater.purtip was sunk. Sir file.
wessch said he world consent that a shaft should be run even there,
if there was a mine there ; hut Lady Lopes said the witness was a
/ogee, to suggest any snch thing. This conversation hatipened in
1023. The defendants were working the mines from 1621 to the
resent time. Sir Manasseh often came to see the work. On one
oecaalon Sir Manasseh fell back ; witness remembered that pant-
truistic. because Sir Manasseh wore boots which were pieced at the
toes. Wttneestroyeted them, beennee he thought that, if the tops
were cut off, they would make eicellent boots to work under ground
with.
Several other witnettees were examined.
Ale. Sergeant 'll't EDI! addressed the Jury in reply.
The Learned JIUDG t: then sunlit:l.d uhf; Red the Jury found Poi
the phantif—dainagee 21.
I.OW DON V. MITCHEL.
This was en issue directed by the Court of King's Bench, to try
the validity of a judgment obtained by the defendant, against one
Pierce,William for 95.11/ on a warrant of attorney, which plaintiff'
contended was raudulentl rven.
It appeared that the p a ntili is the possessor of a landed pro-
perty in the parish of Whitstone, and that the defendant rents a
small for at Ezeter. gnat, and is the brother.M.law of a person
tanned Place, who rented an estate from the plaintiff' at %VlM-
atone. Piaintif found his estate so much injured, that he thought
wooer to enter an action against Pleace for daniuges. Pierce
ailifired 'taiga:tot to go by deF4u/t, but afterwards roc:tared a writ