The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-21 00:00:00

OXFORD CIRCUIT.

WORCESTERSHIRE ASSIZES, WOIC/ISTZI9, JULY 19.
BREACH OF PROMISE OF MARRIAGE.
.HAYWARD i 94.

As soon as this ease was called on Mr. JEw yrs rose and stated,
' that he was most happy to inform them that the defendant had on
this occasion shown himself a man of honour, and had consented
that a verdict should pass against him for 1,000/. it being also
agreed that a marriage should be had between the parties within
a month.

_ ..... .
The learned BARON hoped that he might, without detracting
from the dignity of the station that he had the honour of tilling,
express his entire.approbatiun of the way in which the cue had ter.
minated. He considered that it did credit to both parties and it
would give him great pleasure, on some future Circuit, to be in.
formed that the union had taken place, and that the panics were
living happily together.

SPENCER V. BATEMAN.

This was an action for an assault.
Mr. Jena ts and Mr. etritWOOD conducted the plaintiff's cue,
and Mr. Russzt t. the defendant's. _

It appeared that both parties were farmers, and that some angry i
expressions passed between them at the Crown Inn at Upton. The'
plaintiff called the defendant a liar, and he gave him a pair of
black eyes tor so doing; and for this the Jury found--a farthing
damages.
CROWN SIDE.
Before Mr. Justice Bviiaottorr.
lIORSE-STEAIANG BY WOMEN.

Feeley Dalton. aged SO, and Elizabeth Dation, her daughter, aged
20. were indicted for stealing a horse, value 101. the property of
James Smith.
The younger prisoner was a very interesting looking girl.
Mr. 00DiON conducted the prosecution.
James Smith said—l am a shoemaker at Tenbury, and keep a
pony ; and on the 11th of June I saw my pony safe; that was at
about six o'clock ; the pony was then on a common; it was a dark
pony with a white spot on the left ear. I missed it the following
morning, and sent to liromyard in pursuit, and I met Parnel
Davis, and proceeded to Mathern and to Malvern, where I found
my pony; I have known the elder prisoner about twenty-five
years; the primers live any where; they travel about, but follow
no business; they beg.
' Parnell Davis said—l live at Thurnbury, and saw the two pri-
sonets the day after the horse was lost, at about four o'clock in the
morning; I had seen them travelling about before; they had with
I them a dark brown pony ; the daughter was riding on it.
Joseph Jones, a constable, said. I received some information
from the prosecutor, and found the elder prisoner at Severnstoke.
I asked what she had done with the pony. She said, she had sold
ft to a man on the side of Malvern hill, for 41. She took me to her
daughter who was at Upton. I asked the daughter where the
pony was, and she said it had been sold to Robert Smith, Ind after
that, the elder prisoner pointed it out to me in an orchard. I then I
took the two women and the pony to the Unicorn Inn, at Malvern,
where the prosecutor owned the pony.
Robert Smith said, I know the prisoners. I saw them on the',
13th of June with the pony. I asked them to sell it, and the elder
one said her daughter should sell it, and the daughter said the
price was 41. I wanted her to take but she said they would
not take less than they gave for it, and I paid them the 41.
Examined by the Learned JUDGE-4 had not a very good bar-
gain. I would not have given more for it, though it might. hare
been worth 101. I did not think they had stolen it. They have
had horses befete. . _

The elder prisoner said nothing in her defence.
The younger one said, that her mother left her for some hours,
and came back with the pony.
Mr. Justice BuRROUG it summed up the evidence.
Verdict—Guilty. Juigment of death was recorded against
them. The prisoners had been tried about a year ago for stealing
a colt.
PRIZE FIGHTING ANY) ASSAULTING A MAGIS-
TRATE.

James Rillineam, George S.ivare, and William Skinner, were
indicted fur a riot, and an assault on Daniel Rogers, Esq., a Ma-
gistrate.
Mr. Rraw, in the absence of Mr. Rumen, stated that informs.
tion had been received that the defendants. Billinghain and Sa-
mew owns mftghta piaeled battle • somewhere near itmurbridge,
and 31r. Biggs, a Magistrate, sent word to them not to tight ;but to
avoid any interruption they arranged to fight near Bayley, where
they prepared a ring, but the Rector of Bayley applied to Mr.
Rogers, the prosecutor, to stop the fight. Previous to that the
headborough and overseer of Harley had gone to prevent the din.
tusbance, but without eft'ect. Mr. Rogers then came up, he went
into the ring, and having stated that he was a Magistrate, he told
, them they must not fight, but the defendant, Skinner, being very
I violent, Mr. Rogers seized him and a scuffle ensued, in which 31r.
Rogers was thrown down; the mob then gave a loud cheer, and
all departed.
William Miektewright said, I am hcadborough of the town of
Stourbridge. On the 4th of this present month, I received an
order from Mr. Biggs, a Magistrate, to put a stop to a fight that
was to take place on Pe ley Common. I went to the house of the;
father of the defendant Bellingham. I saw that defendand and a;
person named Benjamin itt'assel and others. I told the defendant
that if they did tight, they would be taken up.
Mr. Juetice-Braaounfi—On the neat occasion, you ought to
take combatants into caustody, and bring them to a Magistrate at
once.
Examination resnrned—He said, I don't think I shall go there.
1 then went to the defendant Savage, but he was not at home, and
I waited for him till he came in when I told him (for I had under.
stood that he was one of dm " hopponents" that was to fight) that
if he went on with the battle, he would be taken up, and he said
ve well. ' then went to the common, but found no one there.
Joseph Jackson said—l ant assistant overseer to Bayley. I
went to Broad Marsh green, and on my arrival there I saw a
large'concoursc of people assem bled. I should think above 1000 they
were pimple of all descriptions. A ring was formed, and Savage and
Bellingham threw up their hats. 'Emile Into the ring, and Savage
was sitting on the right of the ring. Billinghttm on the left:
they were striped, anti each was attended by his second. I said,
" Gentlemen, Meet is to be no fight hers to-day." The mob in.'
aimed there sticns!d be a fight. I theb rode•dit'to Gillingham and
Savage, and told them not to fight. I was then ordered out of,
the ring, and mired 'why I caw, there? I said I came by the,
authority of Mr. Higgs, the Magistrate. A person then exclaimed
they did not care for Mr. Biggs, nor all the Alagistrates in
the county. Warley Wessel Came up, and asked me for my
warrant. I went away, across the green, and met Mr. Rogers,
Aba Bagistrave, and Ms. l'arner, the Rector of Bayley, and 1

returned with awn to the ring. Mr. 1t get[ WaS On foot,
Mr. Turner and myself on horseback. Mr. Rogers is well known
as a Magistrate; he went into the ring, and then told them to be
peaceable, and to disperse, saying lie was a Magistrate, and
I, by his order, did the fame. A cry was raised, ' Do let them
tight, it won't last long !" I then saw Skinner; he appeared busy,
and wished them to fight; he hit my horse when Imeke to him,
and soon after I saw Mr. Rogers and Skinner seußlMg I herd
Mr. Rogers tell Briscoe to sestet in taking Skinner, and there was
much scuffling with the mob to get Skinner away from Mr, Ro-
gers, but I could not observe much, as the mob continued hitting
me and my horse with their sticks. By this time the ring was
broken in upon ; all was confusion, and Skinner got away. On
this the mob shouted and went away. I saw Mr. -Rogers on the
ground, and Briscoe thrown on him. In the confusion. at one
time I saw nearly fifty persons thrown down on the ground 4 I re.
ceived a heavy blow on the arm, which injured me a good deal._
Mr. Rogers lost one of his shoes, which was carried away by the
mob.
William Briscoe, a constable of Hayley. said, I went to Broad
Marsh-green ; 1 saw Mr. Rogers there. I heard him order seve-
ral people off, and say he was a Magistrate; they would not go.
I saw Mr. Rogers seise Skinner, because he would not go away
when he ordered him. Skinner said why don't you let them
fight;" we tried to take Skinner away, but he said he would not
be taken away by any one, and Mr. Rogers and me were both
pushed down.
Daniel Rogers, Esq. said, I am a Magistrate, residing near
Hayley ; I remember the day in question. I was applied to by
Mr. Turner, and went wish him to Broad Marsh Common. I
went into the ring, and telling them I was a Magistrate I ordered
them to disperse. They would not do so, and I asked the more
decent part of the persons present to assist me in dispersing the
rest, but they refused to do so. I in particular asked Skinner to
assist me; he peremptorily refused t I then told him to go, and
that he would not do, and I collared him ; but he said he would
not be taken. A shout was then setup, and a rush was made at
us, and myself and a great many more were thrown down ; I re.
ceived no blow, nor do I think any was aimed at me. The mob
gave another still louder shout and departed ; I did not see the
other defendants do any thing.
The defendant Billingharn said that when he was told in the
ring that they must not tight, he put* his cites again and went
away.
Mr. Justice BOnftiatton—By laW, what is done in such en
assembly by one, all present me squally liable fir, which ought to
make persons very careful.
The defendant Savage said nearly the same as Billingham.
Skinner said be was Innocent.
Mr. Justice anew:at:ow, in his charge to the Jury, said, that
it could not be Mpoted that all these fights were illegal, and no
coeseat could make them legal, and all the county-b6ng there
could not make them less an offence. They were unlawful
assemblies, and everyone going to them was guilty of an offence.
' The inconvenience in the country was not so great. but nearer Lon-
don the quantity of crime these tights led to was immense, and he
did hope they would be put a stop to ; and his advice to the magis-
trates and constables was, in cases where they had information of a
fight, to secure the combatants beforehand and take them to a ma-
gistrate, and compel them to enter in securities to keep the peace
till the next Assizes or Sessions, and if they would not enter into
such security to commit them to prison. In this way the fights
would be Stopped, for if there were no combatants there would
be no tights. But in many cases near London where this had not
been done, the party went along the banks of the Thames, and if
the Magistrates prevented the fight in one county, they crossed the
river and got into another, where, though some of the fights were
prevented, others on the contrary were not.—(His Lordship then
took a full review of the facts of the present ease.)—ln the ease be-
fore them there was the fullest proof, and in those eases of riot all
the parties were equally liable to prosecution whether they actually
struck blows or not, all present being in law equally guilty.
The Jury, after a few minutes' deliberation, found the defendants
Guilty.
Mr. Justice Butotorost said, the Magistrates have all along
behaved with the greatest propriety ; they do not press fora severe
sentence—all that is wanted is, that these assemblies should in
stopped ; and, if I could be sure that your own solemn engagement
would bind you not to get into these outrages again, I should be
disnoted to pass a slight sentence on you.
(The defendants protested that they would never join a fight
again.)
I therefore shall only adjudge that you be imprisoned for one
calendar month, and that you enter into your own recognizance
in 1001., to be of good behaviour for one year ; and you ought to
be very grateful to the prosecutors for the mild way in which they
have treated the case.

George initecroft, alias Whealcrofl, alias Jupan, was charged
with marrying Sarah Archer, his former wife, Ann Whitecroft,
being still alive.
He pleaded Guilty.
This case concluded the Worcester Aerates.
The Commission will be opened at Stafford on Thursday
afternoon.

MIDLAND CIRCUIT.

LINCOLNSHIRE ASSIZES, Liwcomr, JOLT 19.

CIVIL SIDE.
Before Mr. Justice PARE.
SMITH AND ANOTHER V. TROLLOPS, BART.
This was an action of tro►er, brought against the Sheriff of this
county, to recover bark the goods of the plaintiff seized under a
warrant from the Sheriff, by virtu of a judgment against a Mr.
Cobb.

111 r. Sergeant VAUGHAN stage the case to the Jury. The
plaintiffs were general shopkaiptes In Lowth, and had furnished
Mr. Cobb with a quantity of goods upon the terms of agency, the
eight of property still remaining in them. There was an agree-
ment between the plaintiff's and Cobb, that the goods should be
furnished to the latter at cost prices, and that he should be allowed
5 per cent. commission upon the sale, the plaintiffs reserving the
right of entering upon his premises, to take away any part of the
goods they should think proper. Mr. Cobb became surety to a
Mr. Chapman, for a debt due to him by a relation of Cobb's, and
which not being paid by the principal, an execution was issued
by Chapman against Mr. Cobb, the surety. In consequence of
this and other unfortunate circumstances, Mr. Cobb's affairs
became embarrassed, and he determined to move from the neigh-
bourhood in which he was then living; he informed the plaintiffs
of his intention, who by virtue of the agreement took possession
of the goods, but they were subsequently seized by the de.'
fendant, at the suit of Mr. Chapman, and sold. The present'
action was therefore brought against the Sheriff, who had been in.
demnilied by Mr. Chapman, who was, in fact, the real defendant
in the cause.

Several witnesses were then examined, who proved the facts
stated by the learned Sergeant.
Mr. CLARICE. sen. for the defence, contended that the agree-
ment was fraudulent upon the face of it, because it gave a prefer-
ence to the plaintiffs against the other creditors of Cobb. The
circumstances attending the entire transaction indicated fraud, and
therefore deprived the plaintiffs of the right to recover in this
action.

The Learned JUDGE, in summing up, said he should take the
opinion of the Jury 10 to whether the circumstances amounted to a
fraud or not. With regard to the validity of the agreement itself,
that was a question which he should reserve for the consideration of
the Court or Common Pleas.

The Jury returned a verdict generally for the defendant.
CROWN SIDE.
Before Mr. Justice HOLROYD.
-

117 m. floderow, aged twenty, was capitally indicted for stealing
on the 3d of May last, from a pasture-close, In the parish of Misson,
three young heifers and one young steer, the property of Mr.
Adam Bird, of West Stockwith, in the county of Nottingham,
surgeon.
It appeared by the evidence of the prosecutor, and of his son,
that the cattle in question were on the prosecutor's farm in the
afternoon of the 3d of May, and that on the sth they were missing.
They had no intelligence of them until the 10th, when they heard
that the prisoner had sold three heifers and a steer to a farmer, by
the name of Thomas lloldsworth ; they went to this person's
hause, and identified them as the cattle they had lost. Boldsworth
meted that the prisoner was a dealer in pigs; that he called on
him one morning in May last, and said he had three heifers and
a steer to sell ; that lie had bought them at Oainaborough fair for
16/. 12s. and would sell them again at that sum. Holdsworth
purchased them, and at erwards sold them toil cattle dealer named
Thorpe. The other( evidence went to Iraq *a cattle from the
partaker MINOR; Oddill NM *triads Lincoln, driven by the pri-
soner.
Several witnesses were called to speak to the character of the
prisoner, who, up to this offence. had been an honest young man.
Ilia LoansitlP summed up the evidence, remarking upon the
improbability that the prisoner would have sold the cattle for the
same money that he had given for them, supposing he had bought
them as it was alleged; but it was rather a suspicious circum-
stance that the prison who it was said had sold them to him, was
not called as a witness on his behalf.
The Jury immediately found the prisoner Guilty.
James Mutky, an old man, was capitally indicted on suspicion
of having feloniously slaughtered a sheep, and stealing the carcass
the.eof, the property of Charles Green of Kirtnn, grazier, '
Ezekiel Wood examined.—l was shepherd to Mr. Green in April
last: I counted the sheep on the Sunday night, the 10th of that
month, and there were forty. I went to the close about half-put
five on the following morning, anti I missed one of them. I
searched in t'te field for the sheep, and I found in a ditch, on the
side of the field, a sheep skin ; I then went and told my master,
and I afterwards took the akin to my father's barn. The constable
then took possession of it.
Charles Green examined—l went to my close on the 11th April
last, and fount] the akin in the ditch. It appeared to be the skin
of a sheep recently alsoghtered. My mark was on it. I discovered
that one of my sheep was lost, and I then went to the house of
[sue Newton Wilcock (the prisoner who yesterday pleaded guilty),
in the company of the constable. The prisoner Motley is Wil-
cock's father-in-law. On searching Wilcock's haute we found a
great quantity of mutton in a pipkin pot ; perhaps halt a sheep cut
up in pieces. We took possession of it. We then went before the
Magistrate, and the mutton was applied to the skin, anti they cor-
responded so as to satisfy me that the meat and the skin belonged
to the same sheep.
Thomas Knight, the constable, proved that the skin and meat
were shown to Alanby, a butcher, at Boston.
31anby was then examined, who stated that he compared the
skin and meat, and be was satisfied they belonged to the same
sheep.
Rebecca, the wife of Isaac Newton Wilcock, examined—l live
at Frampton, near Kirton. I remember the prisoner comings° our
house on the morning of the 10th of April. lie remained in the
house all day. He went out about ten o'clock at night, and re-
turned about twelve. 1 saw bimbo hit return. Me immolate the

. ...-
_

'Man where I slept, and limelight Scene mutton with Mm ; he ant
up, and put part of it into a beeket, and took it to his own house.
The remainder was left in our house, and was taken away by the
constable on the Tuesday morning.
The prisoner said he had nothing to ask of the witness, who was
his own daughter. He was innocent of what was laid against him. '
He knew her husband had persuaded her to say what she had said.
If she would swear his lite away he could not help it ; he was in.
nocent.
The witness was a wretched-looking woman, overwhelmed with
grief, and beating in her arms an infant not more than five
week; old.
The Learned Junce said something in an undertone to Mr.
Balguy, who was Counsel for the prosecution, which we suppose
regarded the competency of this woman's evidence ; but it was fin.
possible to catch one word of hie Lordship's observation.
The witness was re-examined—My husband went out with this
man, and returned with him.
His LORDSHIP, in summing up, observed that as the other pri-
soner, Wilcock, hart confessed his guilt, the testimony of his wife
did not affect him, and was therefore admissible against the one now
at the bar.
The Jury, after a few minutes' consultation, found the prisoner
Guilty.
Frances Cole, aged 59, was indicted for feloniously receiving
various stolen goods of one John Smith.
The indictment set out die trial and conviction of the said Smith
at the last General Quarter Sessions for the liberty of Peter.
borough, for having stolen the said goods, and that the prisoner
had received the sante from him, knowing them to be stolen.
The Clerk of the Peace for Peterborough produced the record of
Smith's conviction.
The record was contained in a book, in which wan entered a
minute of the proceedings at the Quarter Sessions.
Mr. Hite., Counsel for the defendant, objected to this as not
being a proper record. It was only the materials fora record, but not
a record itself. The indictmenr set out the caption of the record,
and it ought to be produced.
111 r. Ir. L. NVittIAME said that was mere matter of inducement.
His LORDSHIP—Yes, but it is that which makes the present
charge a capital felony. I think this is not a record. If you can
show me that such a minute has ever been received by other Judges,
I will proceed, and reserve the poiot for you. There is a case in
Sir Wm. Blackstooe's Reports, which 1 know bears upon this
I question.
The witness was asked what was the usual course of recording
the proceedings at the Sessions for Peterborough.
\Vitness—This is the only mode observed at that place, and has
been so immemorially.
His LORDSHIP observed, that the book did not set out the pre.
sentment by the Grand Jury, and could not therefore be considered
a record. He knew that when he was at the bar, it was not usual to
make up these records, but he always advised the parties to do so,
wherever the prober per reeoeduut was stated in indictment.
Mr. llitt submitted, that as the indictment did not set out the
judgment of the Court on the former indictment the present charge
could not be sustained.
Mr. \Victuals said, that in the case of the King v. Baldwin,
it was held not to be necessary to state that the prisoner was at-
tainted, it was enough to show that he was convicted.
His LORDSHIP referred to Hyman's case in Blackstone's Re-
ports, where this point was reserved for the Twelve Judges, who
were all of opinion, that the indictment, if it set oat that the
person was convicted, was good, although it did not state that he
was attainted.
Mr. WILLIAMS said, if his Lordship had any doubt upon the
subject, he would not pursue the charge any further.
His LORDSHIP—At present, I certainly do entertain a doubt;
but if the evidence is receivable, the prosecution ought not to be
stay.el. I have sent to my Brother Park, who, perhaps, may re.
members case of the kind. _

- .....
Mr. Hitt then objected that the bill was endorsed as a true bill
against Francis Cole, and not Frances Cole.
The Court overruled this objection.
James Ogden was then examined—l reside at Glinton, in the
liberty of Peterborough. My house was broken open on the 211th
of January last.
A note from Mr. Justice Park was here handed to the Learned
Judge, who said his Learned Brother was of the same opinion with
himself, that this was not a record.
The prisoner wax consequently Acquitted.
Edward Laythorpe was capitally indicted for assaulting on the
I King's highway Patrick Myecua. and forcibly taking from his
person fifteen shillings and three halfpence, and one calico shirt.
Patrick Myecua examined.-1 am an Irishman, and am em.
ployed as a labourer at Tixover, in the county of Rutland. On
the morning of the 20th of June I was going from Tixover to
Stamford, which are about six miles apart. I was at Stamford be.
tween 10 and 11 in the morning. I went to the Old Salutation
public-house, and remained there in company with a man named
Banks, who came from Boston to meet me there. I left the pub-
lic-house to return to Tixover, about eleven o'clock at night. I
had 15s. and three half-pence in my pocket. When I came to
Tyxwell somebody knocked me down. There were two men pre-
sent at the time, but I was only struck by one of them. One was
dressed in regimentals, and he it was who knocked me down. The
other picked my pocket. Ile took all the money I had. The
ether man fixed his knees in my breast, and held me down by my
neck.handkerchief. The man who took my money ran away. My
hat fell oft' my head ; a shirt was in it, which the soldier took, but
left the hat. I gave 3s. for the shirt ; when I got up the soldier
knocked me down again. Ile had no Waterloo medal on him.
The tnan then left me, and I followed them back to Stamford. It
was too dark for me to be able to swear to their countenances,nor do
I think I can identify the shirt.
S. Thompson examined—l am the landlord of the Old &dots-
lion at Stamford. The prisoner, and a man named Hickman, both
belonging to the South Lincoln Militia, were quartered at my
house. They were both there on the evening of the 20th of Jane
last. They changed their dress about tea minutes before they went
out together, which was about twenty-eight minutes past ten.—
51yecua, when he paid me for some ale, showed me two half-
crowns. The two soldiers were then sitting near him. They left
the house a few minutes before Myecua. I had suspicions of their
intentions, and followed 31yecua, but lost sight of the soldiers.—
They returned at tire in the morning.
Jonathan M'Duwell examined.-1 am a corporal in the South'
Lincoln Militia. About four o'clock on the morning of the 21st
June, I met the pilsoner and Hickman by the Corn Market, oppo-
site llr. Reed's, the Chief Constable. They said they had been
taking a walk. They were both in regimentals, but without
side-armx.

Edward Peasegood examined.—l live in the service of J. Dixon,
a slop-seller at Stamford. The prisoner came to my master's house
about six o'clock in the morning of the 21st June, and offered a
shirt for sale. 1 told him to wait until my master came down, but
he want away, saying that he would call again.
Mary Dixon examined.—l took the shirt brought by the prisoner
to the last witness. It was the same shirt that my husband sold
only the day before. I knew it by a particular mark on it.
James Dixon proved that the shirt was the same as that sold by
him to Myecua. Suspecting that the soldier had not got it honest.
ly, he detained the shirt. The prisoner said he had bought it
about a month before, and the witness replied, " You are a false
man."

- - The Chief Constable of Stamford stated that when he apprehended
the prisoner he denied both the robbery, and the offering the shirt
for sale.

The prisoner denied that he was the person. The reason that he
changed his dress was, that on the night in question he had to
perform duty on the picket.
His LONDSUIP summed up the evidence, and the Jury. after a
consultation. of some minutes said, that they were satisfied the shirt
was in possession of the prisoner, but that there was no positive
evidence of his having robbed the prosecutor.
The Learned Judge observed, that positive evidence, although
desirable, was not absolutely essential to prove the offence of which
the prisoner was charged. But if any doubts existed on their
minds they ought to let the prisoner have the benefit of diem.
The Jury again considered their verdict, and found the prisoner
Guilty.
His Lordship immediately passed sentence of death on the pri-
soner ; but observed, that as the prosecutor had not been put in
bodily fear, the sentence would be commuted for transportation.
James Hayes and Edward Burton were indicted for a burglary
on the 2d May last, in the house of George Stockdale of Wain.
' fleet, in the county of Lincoln.
It appearing by the evidence that at the time the prisoners burst
into the house the prosecutor and his brother-in-law were sitting in
a front parlour and in view of the door; and that the prisoners,
though actually in the house, had not committed a robbery. His
Lordship thogght this object of the prisoner* was roars tower*,
than to rub, and that the indictment could not therefore be sus-
tained.
The prisoners were accordingly acquitted

NORTHERN CIRCUIT.

YORKSHIRE ASSIZES, Yogi, JULY 19.
CROWN SIDE.

At the opening of the Court titisMOrtTing Mr. J. WILLIAMS
appeared to show cause why the High Rai of the Seignory
of tioldemess, in this county. should not be tined for not obeying
the precept of the High Sheriff requiring him to return a certain
number of Jurors from the said Seignory. There were me
principal grounds on which the refusal of the High Bailiff was
to be Justified. The first was a grant made by King Charles the
Second to l.crd Viscount Dunbar, and his heirs, conferring upon
them and him in lineal succession the exclusive privilege of
having the return and execution of all writs, processes, and man.
dates. warrants and precepts of his said .Majesty, Lis heirs, and
successors, within the said Wapentake of Ifolderness, unless
upon default of the Officers and Bailiff of the said Viscount
Dunbar, and within the special writ of non °meter:it, in that case
first had and provided. Now then, Sir Thomas Constable claimed
to be the heir of the Viscount Dunbar, and therefore entitled
to exemption. The second ground on which he contended that
Sir Thomas Constable ought not to be fined was, that being a
Roman Catholic, he found it incompatible with his religious duties
to take the oath necessary to qualify hint to undertake or discharge
the duties of the office of High Bailiff of the Seignory of Holderness.
First, then, was the grant of exemption, or privilege granted b
Ring Charles, and next there was the fact, that the High Bailiff,
being a Catholic could not qualify so as to enable him to fulfil the
duties of that situation. Under such circuntatanoes, therefore,
he submitted that no fine should be indicted on Sir Thomas Con-
stable.

!dr. Baron Her -Loot, after adverting to the inconvenience of
not providing a sufficient number of Jurors, observed that he
would line Sir Thom* Constable in the cum of ten pounds,
with a view to bring the matter before the proper tribunal for a
speedy and a fair decision.
HIGHWAY ROBBERY.
Was. Laptev, aged 25 years, was indicted for unulting Sas
owl Bats= on the histtwoy, tho 14th Nay, • near Brodfouly

and taking from his paten SM. In Odes. live shillings in gm I
pocket pistol, a pair of spectacles, and other article, his propety.
Samuel Hateson was examined at great length by Mr. HASID,.
and deposed, that he was going to pay his rent to a gentleman in
the neighbourhood of Hun-hill, and riding on a pony, by star-
light, three men rushed out upon him and attacked him with sticks;
they beat him over the face and the head till he was covered with,
blood ; they then robbed him, and kicked him till two of Ms ribs
were broken. lie knew the men by sight very well, though not by
name. He knew Kitson (not in custody) Very well. As to the pri..
loner at the bar, he or.ly saw him once before the robbery ; two days
after he saw the prisoner in custody, and he then had the same
clothes on as when he robbed witness,
. . .

The constable who apprehended the prisoner, and other persons.
also found papers covered up near the prisoner's house, and answer.
ing to the description of those lost by the prosecutor, which stem
produced. Other corroborative circumstances were also sworn to.
The prisoner. in his defence, denied all knowledge of the rob.
bevy, and called his uncle, who gave him a good character, admit.
ting however, that he knew him to be the companion of Kitson.
dr. Baron H u LLOCK recapitulated the evidence to the Jay,
who, without limitation, found the prisoner Guilty.

NISI PRIUS COURT.
LEES 11. HUTCHINSON.

This was an action brought by the plaintiff', a servant, against the
defendant, his master, to recover the sum of 131. 95. for work and
labour done, and also for money laid out and expended to the use
and benefit of the defendant.
The defendant pleaded that he was not liable, and upon that Is.
sue was joined.
Mr. TINDAL stated the ease to the Jury. It appeared that In
November 1819, the plaintiff entered the service of the defendant,
• gentleman residing near Richmond, in this county, and had
continued (in bis service for some months. The plaintiff was to
receive fourteen guineas a-yoar, besides the usual gratuities for
riding races for his master, who was • gentleman of sporting
notoriety. In the course of the year the plaintiff rode three
races, one of which he gained, and the other two he lost. When a
jockey won a race he usually received rd. Ss. and when lie lose
be got • less sum, namely, M. Ss. ; so far, then, the defendant is
indebted to the plaintiff in the sum of 111. I is. Besides, the plain.
tiff paid the Ring's duty at the Middleham races, and another sum
of IL 16s. upon a subsequent occasion. The defendant bad at one
time admitted the plaintiff's claim; though he now, for some rea-
son or other, thought proper to resist it.
The brother of the plaintiff proved the contract as stated by Mr.
Tindal.

Robert Chadwick proved that he called for payment of the plain.
tiff's demand, and that Mr. Hutchinson said he would pay it, bat
that money was not then convenient.
Mr. Joust Wrxxiams, for the plaintiff, said it was ember
strange that the plaintiff should have left the service of the de.
fendant without demanding xayment of this alleged debt, and
that he, who could not remnin without it for four days, should
have still allowed four years to elapse without demanding it.
He was instructed to say, that he could confidently contradict the
testimony of the plaintiff's brother, and that the defendant had
never agreed to give plaintiff the gratuities which he now claimed.
J. Robson examined—l know Chadwick. I saw him at my
house, when I told him that I thought Mr. Hutchinson was very
ill-used from what he told me. Mr. llutchinson told me that
Chadwick had forced himself into his bed room, and presented to
him a piece of paper, which ➢lr. Hutchinson said he supposed to
be Lee's bill. _ _

Ir. TINDAL, in reply, contended that the very supposition
on the part of the defendant, that the paper presented to him was
Lee's bill, was in itself a very strong proot in favour of the plain.
tiff's demand.

31r. Justice BAYLE Y recapitulated the whole of the evidence to
the Jury; who, after retiring from the box for about too minury
returned with a verdict for the defendant.

CLARILSONy. HARDING,

This was an action brought by the plaintiff, a widow lady, re.,
siding at Richmond, in the county of York, against the defendalt,
a carpenter, to recover the amount of twelve months' board anti
lodging. besides several other sums, expended fur the use and on
the behalf of the defendant.

Mr. 1). F. Jo stES stated the case to the Jury, and called the fol.
lowing evidence in support of it :
John Myers examined—l am an Officer of the Excise ; 1 know
the plaintiff, she is a widow living at Richmond, in this e tunny;
I took a lodging at her house in the month of !November 18:Z;
the defendant Harding, was not then a lodger there, though I us.
derstood he had been at a previous period. While I wre there,
however, he returned and remained for several week. On one
occasion he asked the plaintiff if she had received the money; to
which she replied, " Yes ;" and upon that they both wept up
stairs to a MIT adjoining mine. I followed up stairs and went
to my own room, where I heard some expressions which awAte
my curiosity. I heard a good deal about a sum of 100/. which
I understood was to be advanced by the plaintiff to the defendant.
He told her she had been a good friend to him, and he would
shortly prove to her his honesty and his gratitude. At another
time the defendant handed the plaintiff a mernoranduni.book,
which he desired her to look at; but what it contained 1 cannot
tell. Also on another occasion when plaintiff and defendant were
together, I heard the plaintiff sobbing ; excited by curiosity
went to the door of the plaintiff's room and listened. I overheard
plaintiff requiring from the defendant a bill for what he had ob.
tamed from her ; he said he did not think it at all necessary, as it
was down in his own hook, and as stamps were very expensive. I
think that a charge for hoard and lodging, alter the rate of from
14s. to 15s. a week would be quite moderate.
Cross-examined by Mr. SCARLETT—Was your eye or your
nose at the key hole of the door, or what I cannot exactly say,
sometimes one and sometimes the other.

Then how long did you remain in that interesting posture
Some minutes. .

Now, Sir, Lave you stated all you know upon that subject ? All
I notic.d, perhaps I did not see all, u I was not very particular,
only to gratify my curiosity.
Mr. James Carter examinxl.—l am Adj.tent in the North York
militia ' • I live near Mrs. Clarkson's. Ater the defendant had
married 1 went to him on behalf of the plaintiff to demand her mo.
ney, or a note by way of security for it. This, however, his refused;
alleging that he had received no money from her, or it he bad that
she could not prove it. I then said, she would take the money by-
inralments ; but this he also refused. 1 know that at the death of
her husband site bad 130!. 1 know this because she asked me to
take care of it for her.

Mr. ScartLETT, for the defendant, contended that a great deal
of suspicion attached to this case, and that as to the evidence ot
the witness Myers, it might be altogether put out of the ease.
A man who could have stooped to do the acts which he himselt
admitted to have done—a man who could pimp and listen at a key.
hole, was not the species of witness to which a Jury would lend
their attention. The defendant positively denied that he had
boarded and lodged with the plaintiff, or that he received money
from her which was to be returned. True, the plaintiff thought
she would have secured a husband in the defendant; but again ths
defendant denied that he had ever held out to her any such hopes.
But how that matter really was lie could not pretend to say; and
yet—
Mr. Justice BATLEY here suggested a reference, as the best
method of settling a case like the present ; the arbitrator to examine
the parties upon oath.
After some consultation between the Counsel on both sides, this
suggestion was agreed to, and a verdict taken fur the plaintiff, liable
o reduction by Mr. Elsley, the referee.

COAL MARKET, JULY 20.
Siiips at Market. Ships Sold. Price.
21 Newcastle . 111 . 30. Ed to 39s 91
11 Sunderland . 9 -29 s Od to 40s 6d
1 Stone Coal . . 1 . 38s Od to -a Od
1 Culat 30s Od to —s Od

BIRTH.
On the 12th inat. in Galway, the lady of Richard Martin, Esq.
of a daughti r.

MARRIED.

On Tuesday, the 19th in;ti:Ttiliensington, by the lief. Arch.
deacon Pott, Captain Frederick Clements, of the Royal African
Corps, to Alicia Frances, eldest daughter of the Rev. Richard
Brickendcn, and niece:o the ki.rl of Cavan.
. _

At Inch House, Edinburgh, on the 13th inst. Major Robert
Gordon, of Hillhsd, to Jane, daughter a the late Walter Little
Gihnour, Esq. of Libberton and Craigmillar.

DIED.

On the 18th instant, in Barton-street, Westminster, Catherine,
wife of Arthur Easton, Esq. of the Board of Control.
On Tuesday morning, the 19th inst. universally regretted, Mrs.
Palaricini Campo Maggiore de la Toros, of Devonshire-place,
Mary-la-bonne, aged 46.
On Thurrilay, the 16th June, at Marchmont House, near
Quebec, in the 78th yearhif his age, the Rt. Rev. Jacob Mountain,
D.D., Lord Bishop of Quebec, formerly of Caius College, in the
University of Cambridge. He was the first Protestant prelate in
the Canadas, where he presided over the Church with apostolical
teal and piety for 32 years. During this period he was, in con-
currence with his Majesty's Government and the venerable So-
ciety for the Propagation of the Gospel, the instrument, in the
hands of Providence, of raising a regular Episcopal Establish-
ment in the two Canadair, and promoting the formation of mis.
sions and the erection of churches in all the more populous town-
ships, which he regularly visited, even when age and infirmity had
rendered so vast an fatiguing a circuit • most arduous and painful
undertaking. The Cathedral Church at Quebec, erected under his
aaspiees, and in consequence of his exertions, will serve as • monu-
ment to his memory ; and his name will be honoured in this Non h
American colonies as long as respect remains for high and cult'.
sated talent, for dignity and suavity of manners, for integrity, for
benevolence, for loyalty, for religion. The language, however,
which is usually employed on such occasions would very jrade-
tittately describe the distress of his family, the grief of his
friends and dependents, the lamentations of the poor, and the regret
which will pervade all parties and denominations in the country.
His Lordship wnsi the second son of Jacob Mountain, Esq., of
Thwaite Hall, Norfolk, and enjoyed, in early life, the honour of
a particular intimacy with the late Mr. Pitt. At the time of his
being selected by that StatmaLan for the See of Quebec, the pie-
ferment which he held was thilivings of Holbesch, Lincolnshire.
and Buckden, Hunts, together with the Prebendal Stall of
South Kelsey, in the Lincoln Cathedral, all in the gift of the
present Lord Bishop of Winchester, to whom he was Essminiag
Chaplain.

MOH IVATER AT LONDON BRIDGE THIS DAY.
limning 42 min. after 5. I Evecing 6 min. afteto.

Printed at TH l BRITISH• PRESS Office, by J. W. C. 401,10 P,
llitreitranti, and published by R. CANlSPletaww Pk"