The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-10 00:00:00

COURT OF COMMON PLEAS, TUVIDAY, Nov. 9.

WICKS V. CLUTTICROUCI.
Mr. Sergeant TAnIPY moved for a new trial in this case. The
acion hut tie( n brought against Mr. Clutterbilek. a Magistrate,
for trespass anti false imprisonment, and verdict given foe the
plaintiff. Mr. Chitterhuck, the defendant, had issued his tetanal
against the plaintiff: and upon it he was hended and commit-
ted to St. Alban's titud, where he remained fee seven days. The
r defendant's justification was, that his conduct was in oonformity
the Act pe,stal in the full of George 111. The 11th chapter fd
set tioa of this statute enacted for the protection of fisheries, " that
if any pte,soa should take. kill. destroy. or attempt to take, kill, or
destroy, fish in water which was not inclosed by a park or belong-
ing tis a house, but if it was surrounded by knees or inclosures,
this should he considered as private property, end site person found
fishing in water of this demo iption should he taken before a 313gis-
trate, and he should he required upon conviction to commit him, of
itspose a fine of Sf., the patiod of imprisonment not to exceed six
months." The water iu which Wicks was found fishing was in-
closed, by fences and [mamma' upon every side, except one where
the high mail passed. The fence on side was the battlement
of the bridge, anti it was sill thin the plaintiff was fiend fishing.
The defendant newt ived that ground thing circunistaered was in-
closed within the yowling of the statute, and should he liel.l as
private property; and tints llniceiving, he convicted the plaintiff
an the penalty of M., and, in consequence of non-payment, rem-
mitted Io i ttt to prism.. flan hearing the sentence. plaintiff rubbed
his hands, and said he was glad of it ; it was what he lung wished
(or. Ilefeindent stmt him to prison in a post-chaise.
Chief Justice BEST—IIe was of course anxious to travel in a
pnat-eltaise.
Sergeant TADDY said, on tie trial below they had rut in the con-
v ici Mu. _ _

......
Justice PARK-11'hu: was the molt of the trial ? flow was
the verdict ? _ _ .

Sergeant 'Fanny—The Jury returned a millet for 35/.. being
.Sl. a day during the time of the plaintiff's imprisonotent. Ile
maintained the •nnvietion of the Magistrate to be conclusive. This
was decided in the ease of Mutton 7.. Kinnaird, after a most elabo-
rate opinion had been given by the Judges. Ile had reviewed all
the cases hearing upon the subject, from the decision of Mr. Jut.
lice Vats in Strickland v. C'opeland, upon a convietion under the
liteise Laws ; and the rein!: of his inquiries was, that whether tin
Magistrate was right Of not, his conviction was conclusive and nut
to be stirred. flowerer, the Leanted Judge bef ore whom the ease
was tried did not think himself hound by the ease of Button r.
Kinnaird, tier by that of lirey v. l'ookson, in whirl, the same point
WWI decided ; but said it was Hs Jute as Judge to give his opinion
upon the asnvietior, and in cua•equence the verdict which he now
moved to set aside was had.

little granted.
Sergeant l'Annv said then• was another point which, if the
Court saw in the same light hr dui, would enable hint to enter a
nonsuit against the plaintiff: The Art required that nu suit or
action shonki be commenced against a 31agistrate until notice in
writing were siren him by the attorney or agent of the party. In
this rase the notify was served on Mr. Clutterbuck by a boy.

41.011/IT—%Va& it Sion' by the attorney ?
Sergeant TAlllir—Vcs; but his doubt upon the nuttier war, the
Megistrate, by the words of the Act, had a calendar month to ten-
der ant-nt!s; and would a tender to a person of ■ach a description
be gond ?

Mr. Justice l'ima—Assuming for a moment that the tender to
the boy was bad, mill defendant was allowed 1 month to make it to
the prow person.
Sergernt TADlmmid an attorney was not alwsys to be found.
Cott RT—Rely on your first point, and lake your rule upon it.

The Lord Mayor, &nestled by the Romeler and City officers.
entered for Court at three o'clock, and. with the usual forsuditiea,
invited their Lordships to dine at Guildhall.

ARCHES COURT, Tv MAY, Nov. 9.

I Al;Pre Sir Joux Kw.]

THE OFFICE of* THE rnomoytn ny .1?/!E CIIVIIC/I-
-WARIOENS OF TRINO, IS lIERTFOUI/511111E WILLIAMS.

Dr. Jess,: AnAMII stated in tills case that articles had been ex.
hibited by the churehwarelens against .Mr. for " quarrel.
ling. chiefing„ and brawling, and creating a disturbance during the
hours of dorhe service, in the parish church of Tring, on Sunday
the ?Ito( Joly last ; by haying affixed to the porch in said church,
a notice to the parishioners- calling on them to meet in vestry to
consider the propriety of removing the churchwardens from their
office; and also creating a disturbance in the church by nrie,iing in
the church the mid notice." Ile (lie. Adams, had to tender an
allei,astion on the part of Mr. Williams containing matte' which,
though it might not be considered or admitted as a legal justifi-
cation of 111r.IVilliames conshict, yet, he hoped, would be con-
sidered in extenuation of the charge. and ultimately lead to the
shitigition of costs. The alleg.rion stated that some time in April
last, a vestry meeting had been held in the parish church, to
consid, rof stone alterations deemed necessary by the rector. The
majority of the parishioners present, including the overseer and
Lori, of the Manor, eli.approved of the proposed alterations, and
a re,olutinn was passed to that elFeet. There was no minute of
their dissent entered in the parish book ; and sonic time after, the
church's-ant:us. barked by the rector, the Reverend Charles Lacy.
proceeded to make the alterations, against the eat.. em de sire of the
parishioner. They I'OfICeiCIA their acting thus in opposition to
the vestry was a ;coral ground for their removal (rims their other ;
and a requisition to convene a nue ling for that purpose was
tendered in the usual form to the reel's'. Ile refused to comply
with requisition; and upon his refusal. the requisition being
sipmed by the respectable parishioners. Mr. Williams admits he
did in the month of July last proceed to the church, and (after
divine service was concludtali did read the notice alleged its the
articles against him ; be, however, denied that there was any
quarrelling, chiding. or brawling in consequence. lie also denii •
that there was any ensturbance created in the church, until at die
desire of the nem', 111 r. Lacy. a constable approached him. inter-
rupted him in the reading, and took him into custody ; after which
he admits some disturbance did take place, but not during the
hours of divine servis". These several matters the Court would
consider, and tl.at .Me. Williams, acting as he had done. con-
sidered he was doing that which was legal, and not with any
intent to cause scandal, or interrupt in any way the church pro-
creating&

and LUSUINGTON opposed the admission of the
allegation, contending that the refusal of th • rector to convene the
meeting. was no justification for Mr. Williams. The articles es-
hibiud contained facts which this allegatiim admits. The disturb-
ance was treated in the church by Mr. Williams acting in an file.
gal manner, and the constable was properly directed by the clergy_
man to take him into custody ; and the Court had only to consider,
was not the mere reading of such a notice es that described (by any
person not authorioed by the rector) in the parish church, though
after service had concluded, a chiding and brawling, within the
terms of the Aet, and punishable as such under the Ecclesiastical
Law.

Dr. Jester ADAMS replied.
Sir Jona NICIIOLL unnmcntel upon the proceedings at eon•i.
derable length, and lamented the existence of the feud in the parish
in which this charge originated. The parishioners must know,
that if the churchwardens had acted illegally, they had a better re-
nted., then that which they had pursued. They could have rerouted
to affix a rate, or if a rate was affixed. they might hart refused to
rout their accounts. or ultimately apply to this Court for redress.
As to the refusal of the rector to convene a meeting. if the refusal
was illegal. there were initrimot Means to compel hint and vitni.h
him for such refusal. But he was alone the jui,ge tl‘galy
prtitell, of what shoukl or should not he read in hi. AUTO,. 511,7-
I,ahle to a higher juripolkliott for hi. use or abuse of t'le pow.•r
rested in him. He (Sir John Nichol') was of opinion, tl. it the
allegation contained matter which was rather an attack Ile, the n,i-
nistet, than a justification to the• charge; it was an agx.r.ra:•..e. it.-
stead of a justification; and the refusal to admit it would Is: au net
of kindn as well as a duty on his part.
The mutton was rejected.

Si ova N DE -r 'l.—Yesterday an Inquest Wtl9 111'14 et
the l'ontefract Castle, Wigmere-street,
before Thomas Stirling. Esq., on the boily of 11.111IST11
Hawkins. It appeared from the evidence that the de:, 2.3,ti
had been habituated to fits, and that on Sunday he fill
down iu his apartments in Barrett's-court, }Award-street.
and instantly expired. The deceased was in his youth ap-
prentices! to the celebrated Astley, iu whose servite he re-
Ceivril a kick in the heed from a horse ; a plate was placed
in his head, since which time be has soul hand-boxes about
Nary-la-bonne and St. likely's parishes, slid was well
known by the name of Harlequin Billy. Verdict—" Pied
by the visitation of God.-

THE BRITISH PRESS.

POLICE.

WSTREET.
A {'i,lT TO Cittnes.—Two perums, named Thomas and li'm.
1 int, were charged with milling and Litiorg three watchmen.
The first watchman MAW], that he was on ditty in Chandos.street
best night, and hearing a cry of sunnier, he made for the spot, and
foomd the defendants getting into a gcialeman's gig, which was
waiting. They were seemingly just no the point of driving of
when he came up, and remonstrated with them, when they jumped
out of the gig, and cogimenced an attar k, saying they were broth
regular millrra, though their conduct evinced to the contrary, for
instead of blows, they began biting and kicking; and it was nut
until the arrival of two other watchmen that they were secured.
The watchmen showed their hands, which bore strong marks of
having been bitten.
The Alagistrate haring called upon them for their defence, one
of them said, he anti his friend had just mired in town, and know.
ing the culeliratxl Cribb, they had paid a visit to hint last night,
and Might, Fatima, bare drank a little too much.
Mr. liaki.s—And did Mr. Cribb teach you to milli& the way
you did last night?
Defendant—No; Mr. Cribb is a diflitent person; and I deny
that the watchmen were bitten at all.
The Magistrate thought otherwise, and ordered the parties to
find bail.

HATTON-GARDEN.
IiOIIIIICIIT AT MAJOR GARDINE TUNIBUIDGE WELLS.—
Yesterday Jobta Broom and lite:wird Gash* g, two strapping young
fellow., dressed in a rather countryfied fashion. yet having a good
deal of ill-disguised town about them, were brought up in the cus-
tody of Upton, Brown, and Mills. Bow-street patrol, charged on
suspicion of being concerned in a burglary and robbery, committed
a few nights back in the house of Major Ganlit.tv, at Tunbridge
Wells, from whence property to a very considerable amount wan
carried cdr, information of which hail been received at the different
public offices in the metropolis, where it was presunied the rubbers
would endeavour to make away with the plunder.
Upton stated, that between seven and eight o'clock on Thursday
evening, the 4th instant, as he and his comrades were going along
Sutton-street, they observed the prisoners pass them at the typo.
site side of the way, one of whom carried a clothes-baste ; from
the suspicious appearance of the men, they were induced to take
them into custody, and on examining the contents of the basket,
there appeared a 1•11 suit of livery cloths, quite new, two pair of
boots, two table spoons, and four tea ditto; the buttons and plate
were crested alike, and en the Mei& of one pair of boots (jockey)
was the maker's Lame, who lives in Regent.street ; and reference
bving made there, it ass ascertained that they were sold to a groom
in Major Gardiner's service.
The prisoners being asked if they chose to account fur the man.
nee in which they became possessed of the things found upon them?
()Wing replied that they did not know the contents of the basket,
which they only found the same veining by mere accident, when
crossing the Common.

The rillicers remarked, that, as to the present country appearance
of the prisoners, that was entirely meth eial, and there was no doubt
whatever, that they wi re in connection with mine of the various
gangs of town ronbers that go occasionally on predatory excur►ions
into the country.
Mr. Sergeant SELLON said, that the circumstances were well
calculated to excite a suspicion unfavourable to the prisoners. and
ho should therefore remand them ur.til Tuesday, in or•ter to afford
time for u communication being made to Major Uarilmer on the
subject.
_ . . .

pion observed. that he should despatch a I:tter through the
post. enclosing one of the livery buttons to 'Tunbridge {Yell•,
and there was no doubt that some person would come forward in the
interim.

floßat RY ST A BxavaxT..---Mr. Keane, proprietor of the Bri-
tannia puldie-house, in Duke-street, West Smithfield, appeared
isefro the Sitting Magistrate, requesting his assistance under the
following eircutustancrs:—
I t appearni that on Monday week last he hired a young winnan,
named Anne Lawn, rs a servant in his establishment. On Satur-
day night last Mrs. Annie counted in distinct parcels twenty-onc
pounds in silver and three sovereigns, with which they were in the
habit of acconsmodating every Satunlay night an extensive master
builder in the neighbourhood, fur the convenience of payment of
workmen'. wages. As Mr. limne was indisposed, his wife left the
bar fur a few minutes in charge of the girl, when, on her return, to
her anitunnent she. ascertained that the girl had absconded, taking
with her in a bag all the nton,y. Mr. Keane, after much exertion,
discovered that she had gone the Suracen's Head roach-office.
where she oak her seat in-the Buckingham coach for Leeds, and
left town at two o'clock on Sunday last. Then at the inn much
suspicion was excited by her appearance in dress not being exactly
suited to a person carrying with her a bag full of money. She how-
ever accounted for it by statir.g that she had come up from heeds
to receive a large legacy, and was about to return with it. Mr.
Keane despatched atter her Harrison, a City officer, of Aldersgate
%Van,, who overtook the ennelt mar Barnet. %Chen he was pro-
ezeffing to taste the young woman into custody, the coachman in-
terferai and swearing that he knew her to be a respectable young
lady, and that the of should produce. a warrant ionnecessary iu
a case of filmy). drove QM
. .

As the City officer could not positively swear to the identity of
the young woman, the Magistrate advised Mr. Keane to defer pro-
etestiegs against the coachman until the girl was apprehended.
Mr. Keane, after thanking his Worship, then withdrew, ex.
pressing his determination to forward a description of the young
woman to the proper authorities at Lends.
Mr. ;fa O'Shaarentrity, one ut the natural conservators of
the peace on Saffmn-hill, appeared berate the sitting Magistrate, to
hprom* rmuplaint against Mr. Denis 3l•Rooney, fur interrupting
int in the excoriation of a duty, to which he felt an urgent call. It
appeared, from his statement, that Mr. M'Ruoney came ii:to his
shop on Saturtluy night last, and abused, in a most avikni manner,
hitut,ilf, 'Ms wife, and some dorent company that were spending the
evening with him ; " I toad him, your honour," continued the
complainant, "that I'd have no diabiehaere in my house, and
wished him to be after getting out. I slid every thing I could to
persuade him, tor, says I, I'm a pence-maker betwixt you ; I
even kicked him cut a dozen tunes, bet it did not snake him a bit
the quieter."
Magistrate—" Did he strike you ?"—" Me, your honour ; why
should he strike me ? I was a twee-maker ; by my truth I did all
that man could do ; for. said I. Denis 1111•Itooney, you must lie
quiet, just as I shoved him into the street."
At this stage of Cie business Mr. 31•Itouney made his appearance
at the office. The efforts of the parr-maker were very visible ; Ids
face exhibited one mass of tumefaction, and it was only by his be.
lag enabled to open his mouth that the position of his other features
could be gummil at. He then requested the Magistrate to grant
him a small trift.• of warrants. •• I wants," says he, " a warrant
agaihst Mr. and Mrs. Shaughnessy, and Mrs. Molly Doran, Mr.
Shaughnessv•a cousin german, and Mr. —"
. .

- Ile—re the Ma gi.trate interrobted him in his reciting the catalogue
of offender; and. on a promote of the pare-nu:Jar to take a dif-
ferent. vita of ririi thttim in future, they both retired to a neigh-
bouring public-house to discuss coolly their views on the subject of
pence.
.....

testimony of his witnesses, that the Commissioners and Trustees
had no right whatever to pave the Tut, it not being a public car-
tinge-way, hut the private property of the Dean and Chapter of
IVentnisister, and that it was never intended as a public road; also
what part the Comniissionen had paved was done entirely through
an act of benevolence. 'lle beamed Counsel maintained it was
not a parish-owl, and therefore did not come within their jurisdic-
tion. It was not a high road, as a bar was now placed in the row
to prevent carriages passing.
.Mr. Vincent sworn—ls Chapter ('leak and Field-keeper to the
Dean and Chapter. lie produced some documents, from which it
appeared, that from the 25th May, 1714, to 1; tr. persons were is
the habit of paying fia. per annum to pass through the bar.
Mr. Thomas Higgs deposed, that he had born 20 rears clerk to
Mr. Cell, the Receiver to the Than and Chapter. Witness merely
proved the boundary of Tothill.fields.
Two witnesses, named Richardson and Royce. very aged per-
sons, who had known the spot for tal years, proved that Rochester-
row was never a carriage-mad. At the time Mr. Herod! resided
where the hospital now stands, the latter witness said the road was
paved opposite that gentleman's house ; but he believed it wu done
at his own expense, for the convenience of his ettreinge.

The Magistrates at length were of opinion that a case had been
made out, and decided in favour of the inhabitants, by nisi:ng an
order for the repair of the road, to he properly done in two months.
Mr. :Heist AND then asked Mr. Humphries whet his costs
were, who replied 4115., which was aceording.y awarded.

SECOND FlGur BETWEEN NED TURNER
AND PEACE INGLIS.

This fight (for fOO/. a-side) took place yesterday, about
hail-a-mile beyond Colnbrook, close to the London-road,
tilt, spot where the last mill took place. The usual rings,
outer and inner, having been fonned, the pedestrians and
equestrians formed in in close order, hut the assemblage
was by no means a bumper: we mean this, of course, as
compared with former crowded fights.
, .

Jem Want aml O'Neale (the Streatlism Youth) seconded
Inglis, and Ilarry Holt and Shelton waited on Turner.
'letting was in favour of Turner.
. . .

At fire minutes to one Turner threw his hat into the
ring, and immediately afterwards Inglis followed the ex-
ample, but the wind blew his hat back again, and it fell
outside. " No good omen," said an amateur: but the truly
brave are above the superstitions of the reefer. and Inglis,
with contempt, kicked it again into the ring.