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London, England, 1825-08-15 00:00:00

Clifden. In 1821 I was in difficulties, and a distress was taken fo
rent ; some of my *beep were seised and sold by auction in lots.
The remainder were handed over to Lonl Clifden'a steward, as I
owed hie Lordship some money. Before that my meek was E, in
a circle, but afterwards, for two years, C, ins circle. Last t
I resumed my old mark of E, in a circle. I had E. C. on
before 1821. So:ne of my sheep are so marked now, '
few of them. I never allowed any of my workmen tr
ht payment of wrote. I don't recollect doing so,
positively. in 1822 the prisoner, Walter Brook,
sheep from me. Walter Brooks changed his marks.
Other people may have changed their marks also. Brooks'
was B. in a circle. I don't know whether the younger
keeps sheep nr not. The place where Brooks keeps hi
only separated by one ground from that where I keep mi
cooly -1 marked my sheep with an E., then with a C.,
again with an E. I also sometimes did not put a pitch
them at all. The greater part of those I turned out
Cliff had no pitch mark at all. The prisoners' had.
By the COrtlT—Four of the six ewes I recovered
marked with a pitch brand on the side. Those I turned
cliff were generally without a mark on the side.
Cross.examination resumed—Both the prisoners .
their own, on Mr. Starr's slate, but I don't know that
use of different marks to distinguish them. People gene.
when they put sheep nether. I sheared the sheep, and after
some persons aied to look at them. 1 never refused to show
them. Tney asked me to go and point out the sheep I had taken
front the prisoners. I did not. I mid the sheep are on Charter.
house Warren, Chedder-liiil, and Milk.way. I expressed my
readiness to show them to any every day in the week, at my own
expense, but wished to take my solicitor with me, and if they
would pay his expenses I we. ready to go, and was on horseback
at the moment for the purpose. Symmons had seen the sheep in
the woe). before they were shorn, but Day and Horsington did
not. The latter are farmers, the former an attorney. 1 suppose
Day and liorsington know more of sheep than the attorney. I re-
covered the sheep on the .20th of June. and they were shorn before
old Midsummer day. Symmons, Day, and llorrington, afterwards
produced en order from Capt. Waldegrave too see the sheep, and
then I showed them, but not till then. Liam saw the sheep only
about a week ago.
Wm. Ham—l live about two miles from Cheddar. I know a
place a called Lippell and occupy land there. It is about a mile
and a quarter from Cheddar. I know Cole's field of Kingdown,
on Cheddar cliffs, and have seen his sheep there. I have a field
near hr. Cole's sheep have frequently got into my field. I re-
marked three ewes particularly, on Monday. Mr. Cole showed me
two of them. I had frequently driven sheep off my premises.
When they were shown to me on Monday. I cut oft one of their
horns. It is the horn of one of the sheep which trespassed on me
land, and which I saw on Brooks's land, about a fortnight before
they were shorn. I saw it several mornings after and attempted to
catch it, but did not. However. I saw a fresh burned mark on the
horn. I would know the ewe among 5,090.
Cross.examined—The younger prisoner manages his father chief',
business; but I don't kung whether he has sheep of his own.
Kingdown is a large sheep run, and part of Mendip-downs ; bt t I
don't know the number of tierce it contains. I can positively
swear to the sheep, the horn of which I produce, although I only
saw it two or three times, when trespassing on my grounds ; and
once when I thought to catch it.
Re-examined—l know a sheep after it has been shorn and all the
marks removed, by its countenance and the turn of the head.
By Mr..IF.AEMY-1 am not a shepherd; a shepherd knows a
sheep by its countenance. I have been long accustomed to sheep,
and can swear positively to this one.
William Evans—l know the prisoners at the bar, and saw them
with seven or eight sheep at their barton, in June last. Two of
the sheep were red on the poll, and, as they passed me one of the
sheep's right ears was bleeding. This was early In June, but
what day I can't swear. Robert Brooks took the sheep away ; he
had a pair of !sheers in his hand.
Cross-examined—This occurred at Brooks's halloo. The pri-
soner drove it up the public road to the sheep slate. They were
only a moment in my sight, yet I observed the car of one bleeding,
and a horn off another, with a pitch plaster over it.
Henry Thomas—On Monday last six ewes were shown to me by
farmer Cole ; rant was there ; I knew one of them ; and had seen
her in the latter part of Meech in Cole's land, at Foothill Gate.
I cut °tithe ewe's horn, which I now produce ; it Is marked W. R.
and the mark is a fresh one. She was one of Cole's sheep.
Cross-examined—l live at Cheddar, about a mile and a half from
Brooks's and four or five from Cole's. I look after the sheep of
Mr. Budgett, and frequently pass through Mr. Starr's gate, where
the prisoners keep their sheep. I never saw the ewe except at
Praha! Gate, and again in the constable's hands on. Monday. It
had strayed away wheo.l saw it at Foothill, and I took it hernia
went accidentally to where the sheep were, and it was not sent
for by Cole. A great many persons were going there, and I went
with a friend. 1 said I could swear to the ewe, and picked her
out of two or three hundred. I can swear to her among 10,000.
She is a nice pretty clean-faced ewe.
John Budget.--I was at the George inn, at Cheddar, and saw
the prisoners at the bar there on the 21st June. Robert Brooks
told me " the six sheep were his," and he said, " he had bought
them at Wells with fourteen more, making a score, which were in
Mr. Starr's slate, from a man whose name he did not know ; but if
he were to see him he'd know biro.' He farther said, " the man
lived somewhere about Tuton Mendip." which Is not far from
Cheddar. I observed, "I hoped he would be able to prove whom he
had purchased the sheep from," and he made no observation in reply.
Cross-examined.—This conversation was with the younger pet.
soner. I don't know that he keeps sheep himself; but he manages
his father's. I live within 300 yards of the prisoners ; I don't know
that the prisoner mentioned the time when he purchased the store
of sheep. A man might forget the name of the person he bought
sheep from If he did not book It. dlr. Cole has been in embarrassed
circumstances, and his sheep were sold off. I know Mr. Cole well.
I hem not been on good terms with bins of late. I would believe
him on his oath, though I tray have said when in a passion I
would not.
George Hill proved having taken the al:sheep before the Magis-
trate on the 31st June.
James Hunt deposed to having apprehended the prisoners, and
on taking them to shepton Mallet" to gaol, it was closed on account
of the late hour. They put up in the Bell inn, where the prisoners
slept in a double-bedded room, and in the morning the younger
prisoner was min*. Ile had escaped out of the window.
Cross-examined.—This was previous to the committal or final
examination, and Robert Brooks appeared when it was necessary to
attend the examination, without being retaken.
James Cole recalled.—The ewes from which the horns were cut
were both four-toothed and two years old.
Cross-examined.—Captain IValdegmve did not direct me to keep
the sheep separate. I did not take the sheef away, but they west
sent home by Captain IValdegrave's order. immediately washed
and sheared them, although the lives of two men were depending
on the identification of the marks. Two persons of the name of
Ricketts had previously examined the sheep. Prisoners said they
had wintered the sheep with the Ricketts s. One of them said
in the presence of the prisoners, none of the six sheep in qua.
don were ever wintered on his farm. The other said he would not
swear he did or he did not winter these sheep ; but he had wintered
sonic very much like them.
Re-extunined.—lt was the stoutest of the Rickettses said he lead
not wintered the sheep. The smaller man said he had wintered
some like them. I replied, " I believe yoll have, for I have seen
some in Mr. Seam's shoe that I believe you have w I tiered." I fur.
they asked, "if he had not wintered 'loll kind Mendip ewe with
a plg-mouthed rain-lamb?" His answer was, I did." 1 ob.
served two of these six ewes never had lambs.

By the Cot:RT.—The number of ewes wintered by the Rickettses
was mentioned, but I do not recollect what h was.
The prisoners being called on for their defence, b•nh said they
would leave it to their Counsel, who called the following witnesses
for the defence.
Henry Symmons.—l attended as Solicitor to the pt.soners on the
occasion of their second examination before the Magistrates, on this
charge. Captain 11'ahlegrave directed the sheep to he kept by
themselves, and said the prisuner'e attorney should have access to
them. Mr. Cole was then in the MOW, hof whether he heard that
or not, I cannot tell, for there were a great many people prewnt.
After this, I went with Day and Hurstrgton to Cole's, to see the
sheep on the 29th July. The appointment for this meeting was
made between me and Mr. Walker, prosecutor's attorney, on the
Tuesday before. I should state that the day after the Prisoners
were committed, I went to Cole's farm where part el the sheep a ere,
to examine, whether they correspor.ded with Cole's description. /
saw two or three hundred sheep, and Thomas Cole objected to touch
the sheep. The roan I had with me looked out eighteen sheep—
they all had their coats on ; the down may be eva,lity or ninety
acres in extent. The six sheep, the subject of this charge, wets not
there ; the eighteen were the subject of another charge. Subse.
fluent to this, I made the appointment with Walker, Day, and
llorsington, two extensive sheep femme, to go and examine the
the sheep. This appointment was for the 29th, and when I atteuded
It, Cols said, " I have no objection to your seeing the sheept
they are at such and such a place, men uonlng three, and it
you can find them you an examine them. They were par.
at Mendip.hlll, part at Charter-house Warren, and the rest of
Broadmead." He would nut show the sheep except in the pre. 1
senor of his attorney, and said, " he was willing to give up his
time, but expected his attorney to be paid ;" he tlather said, " he
was acting under Capt. WAldegrave's direction." I said " I
should go to Capt. Waldegrave." I did so, and oink/hied Lis or.
der to see the sheep. We did see the sheep in coLsequence of that
order, but they were then shoes.
Mr. George Forde, resident at Cheddar, deposed. that he knew
the elder prisoner, Walter Brooks, fur thirty y ars, tied during
that time he had always maintained an honest character.
Mr. Henry Starr, a farmer living in the same neitbourhood,
and Mr. Symmone, hoth gave evidence to the ionic effect.
Mr. Justice LITTLEDALE charged the Jury, who retained a
a verdict of Guilty against both prisoners, but recommended them
to mercy on the ground of theirprevious good character, in which
recommendation the Jury were joined by the prosecutor. The pri-
soners were then removed from the bar, and it was understood that

the three remaining Indictments would not be pressed against them.

lialv Ea r.—Tbe weather for these ten days past has
been every thing the farmer could wish. NS e have had
light refreshing showers, with moderate winds, and a good
I deal of sun. The grain in this quarter is assuming the
j yellow tint of autumn very rapidly, and reaping is now ge-
j nerally begun.—Culedorlian Mercury.
A meeting was held on Friday night at the Crown and
Anchor Tavern, Strand, consisting principally of the shop-
men of retail linen-drapers, when it was resolved to apply
to the master drapers, and request that they would shut up
their shops at seven in the winter, and eight in summer,
and thus enable the shopmen to have some time for mental
studies and improvement.

OXFORD CIRCUIT.

GLOUCESTER ASSIZES, SAT UDDAY, Ave 13.

with having b..
, place 32 years ago ,
defence, said, that 32
nr IR, and that he was
fell into company with
s, being a servant, he
. that early the next
• constable sent for, who
charged with any specific
he was told by the
, being then young,
and he married his first
twenty and thirty years,
found that she was ill-
- and he then married
witness, who proved all
to the manner in which the
first marriage took place; bat this witness denied all that he al-
leged about the cause of his leaving his first wife.
The Jury found him Guilty.
Title Learned Mannar, after forcibly commenting on the enormity
of his leaving a wife with whom he had sn long lived, and without
the slightest well-grounded imputation being cant upon her, mid
observing that at hin time of life transportation would, in all like-
lihood, mach abridge the probable duration of his existence,
sentenced him to be imprisoned and kept to bard labour for twelve
calendar months.
CIVIL SIDE.
I • Before Mr. Justice Buftsiouost and a Special Jury.
CHARGE or NEGLIGENCE AGAINST Ax ATTORNEY.
woonwaßD e. YOUNG.
Mr. CARIIIIIOTON opened the pleadings.
Mr. Cuawoon stated, that the plaintiff had been in an hum.
ble situation in life, but by Industry, and some' bequests from
relations, he had got into the possession of about 3,0001. In the
the year 1314, he applied to the defendant, who was an Attorney,
carrying on business at Dursley, to invest it in freehold security.
The defendant at first proposed to lend it on two factories, but the
plaintiff' refused to lend it on any thing but land, and the de-
indent said it should be lent to two gentlemen named Olive, who
lived near Gloucester; and subsequently the plaintiff met those
gentlemen at the defendant's house. The 3,000/. was advanced On
a wat.rant of Attorney. The plaintiff objected to this, and lie was
told he should have a mortgage in a few weeks. After a lapse of
sixteen months, the mortgage deeds were sent him, and for some
years the interest was regularly paid, but in Ina one of the bor-
rowers became bankrupt and died, and it was discovered that a
great
ipart of the lands on which the plaintiff had this mortgap,
were n fact not the lands of the borrowers of the money, but of I
other persons not at all concerned with the transaction, and there-
fore the mortgage was to all then lands a mere nothing. This it
was the defentlanet duty to have looked into. By this neglect the
plaintiff was reduced from what in his situatian was of to
comparative poverty.
Esther Woodward, the daughter of the plaintiff, proved the
facts opened relative to the advance of the money.
Mr. Henry young, the defendant's son, who was at that time
his clerk, and since that his partner, was also called. His eridenee
was a good deal different from that of the former witness ; he stat-
ing that the plaintiff showed great eagerness to lend the money,
and would not have taken even the warrant of attorney if it had not
been insisted by the defendant that he should do so till some other
security could be prepared.
At r. Justice II u a ROUGII intimated that the statute of limitations,
which had been pleaded by the defendant, was a bar to the action,
as the tratisactiona took place more than six years ago ; but at the
instance of Mr. Curwood his Lordship said he would allow the case
to proceed, giving that gentleman leave to make an application to
the Court above.
Evidence was then adduced at great length, to show mat Mel
lands mortgaged at this time to the plaintiff, were then the pre:
lerty of oilier persons, and that therefore the security on then!
ands wan of no value to the plaintiff; and It also appeared, that
those lands had belonged to the father of the borrower of the
money, and that when lie sold them to the subsequent owners, they
allowed him to remain the ostensible owner, by leaving him In pos-
session of the lands and of the title-deeds under which he and his
ancestor had purchased them.
Mr. TAU N T ow, for the defendant, said, that anon the evidence,
so far from the defendant being a party to any imposition on the
plaintiff, that he used his endeavours to check tne plaintiff, over a
confidence in the Messrs. Oliver, the borrowers of the money ; aad
that if it bad not been for him, the plaintiff would have lent the
money without soy security at all ; and as the persons who had
bought the lands of the father of Messrs. Oliver, had allowed them
to remain the ostensible owners, no care on the part of the defendant
could have prevented the injury to the plaintiff:
Mr. Justice BuRitOUGH gave it as his opinion that the defend.
sot had acted fairly towards the plaintiff, and directed the Jury to
find for the defendant.
The Jury after a few minutes deliberation, found—Verdict for
the detendant.

NORTHERN CIRCUIT.
—.......--
WESTMORLAND ASSIZES, A pri.zar, Avourr 12.

Last night Mr. Justice Bayley arrived from Carlisle, and opened
the Communion. This morning Mr. Baron Ilullock arrived, and
both the Learned Judges attended divine service.
Mr. Baron Hur.Lock congratulated the Grand Jury, of which
Lord Lowther was toreman, that they would have only ten bills
presented to them, none of which required any observation( from
him. _ _ . .

lifory Ann Quin was indicted for a misdemeanor, in having a
quantity of forged notes in her possession.
It appeared from a lengthened chain of evidence that Quin had
been engaged with a man of that name, residing at Belfast, in
fabricating forged notes of the Leith bank, the Huddersfield bank,
and the Irish Linen Company's Bank, to a very considerable
amount, and was only detected upon the information of an accom-
plice of the name of Telford, who repeatedly met with Quin at
Belfast and Kendal for the purpose of bargaining for the purchase
and sale of such forged notes ; but having reason to apprehend that
his (Telford's) conduct and occupation hod reached the ears of per-
sons connected with the different firms upon which forgeries were
committed. made the necessary communications to them, and
Quin and the male prisoner of that name were apprehended. Since
the imprisonment of the prisoners the male prisoner Quin died, and
the ()rand Jury threw out the bill for the capnal felony, but found
that for the misdemeanor. _ . .

The Jury found the prisoner Guilty, and she was sentenced to
[brae months' imprisonment, having been alt,atly nearly twelve
months In confinement. _

Before Mr. Justice BATLEY.
GREEN% 00D v. sCARRBO' AND ANOTHER,

This wa;;;action brought by an attorney to reccver the amount
of his bill of costs.

It appeared in the evidence that Taylor, one of the defendants,
fancied himself the heir to some of the itrattrickshir• estates be-
longing to the family of the celebrated Atidison, the author of
The Stectatar, and had employed 1.11,, piaii.tiff to 'mike inquiries
upon the subject, and to proceed with a writ of right. &arbro',
the other defendant, being married toe relation of Taylor's, spe-
cially retained the plaintiff' in writing to clan •ge the cause and
take it out of the hands of an attorney, named :11 des, who ILA pre-
viottsly conducted it. Taylor allowed judgment to go by default,
and a verdict wa, Ova, against Scarbro' for Mini. the fair amount
of the attorney's
There were only two other eases entered on Ine list ; and the Civil
bulkiness of the Assizes terminated at one o'clm.k.

LAW INTRI.LIGE

COURT OF CHANCERY, SATURDAY, A VOW ST 13.

IX TIII INATTKIL or 11A2$H •NDt . 'P73.
Mr trz stated, 'hit several short petitions in this matter
were apiwyinted to be heard on Tuesday, and he had row to apply'
that anther petition(not yet presentv.l)of expartt Hume and Good.
child, 'n the same matter, might be putuitted to come on on the
=lnt day, upon a very abort point.
Lea..e granted.
HMIDERSTE7t-av efirisritx.
The LORD CHANCELLOR in Me case said, a petition had been
presented, upon which the Court felt hound to make an order, as,
Prayed. but at the same time the Loon was most anxious to have
it publicly understood, that such an order was not usually to be ex.,
pected. The prayer was, that a solicitor's bills of costs, for the
length of a dozen years back, should be referred to the Master to
be teased. And this prayer was founded upon this circumstance,
that the solicitor, whose bills of costs were now comylained of, had
been for that time the sole solicitor in the lunacy of Middleton for
the estate, the committee, the next of kin, and all parties ; and
that he had talon from the committee a bond securing to him all
costs that he might not be allowed before the Master ; which was
just as touch as to secure to him every farthing, to be paid out of
the lunatic's estate, that he thought proper to charge. This the
Court certainly considered a sufficient grourti for making the order
prayed. At the same time it was incumbent upon the Court to
recollect, that while it owed a duty to suitors, in guarding them
against improper charges made by solicitors, yet it woe necessary
that the Court ought not to entertain unfounded complaints ; but
in this case, his Lordship could not think the templet:it at all ou-
tmoded, or that the prayer ought not to be granted.
AD3IISSABLE EVIDENCE UPON DEARING AP-

....... _ _
PLA I,S.
Mr. 111uxrasv, in the course of an argument said, it had some-
times been complained of in other parts of this Court that his Lord-
ship received affidavits upon hearing appeals, which had not been
produced at the original hearing, upon which
The Luau 1:111•NCELLOR said it was most important for him
to state that the representation of such a practice was entirely a
misconception of the real practice of this Court, because the rigid
course here was, never to receive one affidavit, or one particle of
evidence upon hearing an appeal that had not been before the
Court that made the order appalled from. There ought to be no
mistake upon this point, either in the other branches of the Court.
at the bar, or with the public, as it was a very important point of
practice, and invariably attended to.
-
A whaler has just brought home a native boy from
Owhyliee; he is like all young savages, a great swimmer
and diver, and is desirous to be taught a mechanical trade,
for which his natural quickness seems to qualify him.

no: k was L,
to
Last autumn CROWN SIDE.
C. on tlichorm Before Mr. Boma (}allow.
low, but only a BIGAMY.
nto have sheep n 7. wen:Am/on,. aged 55, wee charged wi
but wont swear Phoebe Taylor, his former wife being alive.
, purchased six The first marriage was proved to hare taken I
.5. and so did I. the Second, *Rhin the last four years.
Brooks's mark The prisoner, when called upon foe his deft
veneer prisoner years ago, he was quite a lad, being only 17 or
eps his sheep is returning home late in the evening when he fell
rep mine. For. the person who was his first wife, and that she,
aC. and now accompanied her to her master', house, and
pitch mark on morning his &hoes were discovered, and a cons
iut on Cheddar took him into custody. He was not charged
offence, but, when taken before a Magistrate,
vered were not Magistrate that he most marry, and that he.
irned out on the agreed to do so, and a license was procured, and
wife. They lived together for between teem
s keep sheep of and had seven children, and he then found
that they make tempered, sod he was obliged to leave her, a
ple generally do Phoebe Taylor.
p, and after that The prisoner called a very respectable witni
refused to show the circumstances that he stated relative to the r