The British Press; or, Morning Literary Advertiser.
London, England, 1826-04-04 00:00:00

THE BRITISH PRESS.

same man. 4-fn Saturday night he was as big an bull beef' from
his braggadocio, offering .o Inv down sovereigin against other men's
49111414 He can mr,ll i.fliod to :sty for the fon."
•millt—`'l von't par. indeed I von't ; I'll go to the Sessions."
Here a lawyer, wit., intend ha. Iluds m, A!iviAed his client to
be mom calm. and 'tole !he Ivi•dni.s in the way in which the
wor'hl Magistrate' had decided. Josh, however, was still 11.1Wil
ling to pay his pound to a ch riff, or the Ls. for getting drunk.
until Mr. Chambers assured him it would be a chestier way than
going to law.
it long discussion here amp between the parties as to the appli-
cation of the money intended for charitable purposes, Josh strongly
contending fur its being sppmpriated for the benefit of the Licensed
school at Kennington, and the complainants, on the
oilier hand, fit., the :Inky Retool at hotherhithe. The latter mode
wits srlopttd, and the parties left the office.
Josh I litticon. from his appearance, now seems to be completely
on the shell. Ile cannot enter the rit.it again as a fighting mat from
his amazing corpulency ; his head being, comparatively speaking,
is large as a bushel, an both his fists like shoulders of mutton.
A blow f mu such hands woold now have no more effect upon the
matt tenanee than if theerreere enclosed in the gloves.
Torre boys named Bestinit. Eames, and Williams, the eldest
not exceeding fourteen trend of age, were brought up on the follow-
lowing charge :
Moisey. a constable, stated that on the preceding night, as he was
passing through the Borough, he observed the three boys lying on
the pavement in a state of intoxication. They were so excessively
drunk that he was obliged to procure a cart in order to convey them
to the watch-house. and while there one of them became so ill that
fotind necessary to send fora medical man. In the morning,
Moisey said lie had ascertained the house where the boys had been
drinking, the landlord of *hick served them with a quart of raw
spirits, besides a quart of porter, all of which the three lads drank
between them.
The Magistrate expressed the strongest indignation at the con-
duct of the publican, in allowing boys to drink to the excess that
had hen represented; and required sureties of the defendants'
friends, in order that they should appear against the landlord, who
is to be summoned to answer the charge.

THE REV. 71103.-lINEI.I, v. THE HUNDRED OF

IVOKiNG.

Yesterday, a Jury assetflialed at the Three Tuna Tavern. South-
wark. to assess the damage,' in an action brought by the Rev.
Thomas Snell... Rector of the pati‘h of Winttleshant, in the county
of Surrey, against the Ilunidred of Woking. to recover compensa-
tion for the destruction of soMe premises by fire at the hand of an
incendiary. on Sunday morning, the 27th of larch II;25. A re-
ward of 310 guineas was offered at the time ( which sum was chiefly
raised by the cubscription of gentlemen who reside in the neigh-
bourhood when. the outrage was committed), fur the apprehension
of the offender or offenders. hut from that hour to the present the
incendiary has not been discovered. The damages in the action
were laid at NM . .

Mr. THESSIGER appeared on behalf of the plaintiff; and, after
stating the case, called the following witnesses :
The Rev. CharlesJenam, of ('hohham, stated, that on the 89th
March 1825, the plaintiff came before him, and made the deposi.
don which was now put in. Witness was the nearest Alagistrate to
Windleshani.
The deposition was 'hearted. It was to the effect, that about
three o'clock in the morning of the 27th slarch 1825, the barn,
'table, and out-buildings of the plaintiff, situated in the pariah of
Winillealiam, were consumed by fire, at the hand of sonic evil-
dispm ed person or persona.
Evidence was likewise offered to prove that the premises were
situated in the Dunitred of Woking. and also that due notice had
been given, as required by the statute (the 9th Geo. I.) to the
Hundred, before ell action like the present could be brought.
George Hatfield, examined-1 was servant in husbandry to the
Rev. Mr Snell on the 27th :Barth 1825. 51y wife is likewise a
'tenant of the Rev. Gentleman's. The parsonage house is divided
by the road from the one in which the plaintiff resides. I and
my wife had lived in it. A yard adjoins the parsonage, in which
there was a barn; at that time there was wood in the barn,
which was detached from any other buildings. The out-build.
ines were several yards from die barn. On the evening of the
26th March I returned home from a public.house at Rag-
shot, about 9 o'clock. I had been to a benefit-club that win held
there. I remained at the parsonage-house until near eleven o'clock,
when I went to sleep, as I was accustomed, at the plaintiff 'a real-
thence. The night was very fine. It war starlight. There was no
a•menrance of lightning. It was frosty. About three o'clock the
following morning I was, awoke by a great light, and I jumped
out of bed, when I saw flames issuing from the barn, which seemed
to be on fire inside. The wind was in the north, and although
therewas very little. yet it blew the flames towards the outbuildings,
which presently caught fire, and they were burnt down as well as
the barn. Every means were used to prevent the flames from
spreaditig to the buildings, but ineffectually. There was even some
ditliceity in preserving the house, amid horse* and carriage. There
was a hack done into the barn, in which any person might enter
unperceived, and set the wood on fire that was in the barn.
Crosa.exantlaed by Mr. MewonEs„ who appeared for the hun.
deed of D'okiii4.-1 usually went to bed before eleven o'clock, but
on that night my wife had lint finished her work earlier. It is un-
usual hi; me ta be so late. 11'hen we went to bed we had no light.
Ido not usually go to bed in the dark. I went out to the gate,
which I found open after I rime front Bagshot. During my ab-
sence my wife could not has: struck a light, because there was nei-
ther flint nor tinder in the house. The house is twenty or thirty
yards from Vie barn. I have a fellow-servant, who is not here to-
day ; neither is my wife here.
Re.examMed —I never went round the premises with a light. I
never knew any one else do so. There was no light in the house
when i was first alarmed by fire. The 'wore is south of' the barn.
Septimu. Thomas Allen. Esq.—On the 26.11 March, 1825. 1 wee
at slrs. Cooper's, of Windlesham, the widow of the late Rector.
She residett very near the parsonage-house. 1 went to bed, and be-
ing very ill, I could not sleep. About time o'clock the following
morning I got up and paced up and down the apartment. I then
observed die atmosphere to be light, and in u few second. I went to
the paaaagv door, when I beheld a volume of tire issuing from the
barn. The bed-room window looked in a contrary direction. The
flames seemed only to have just burst out. There was to appearance
a great body of fire within the barn. when the Bantu burst through
the roof. The fire seemed to me to have commenced in the b ten.
I awoke Capt. Triquet, who was also in the twine. and we went
down stairs to render what asaistance we were able. The wind
blew the ft 'men from the barn, and they presently communicated
with the outbuildings.
. . _

Cross-examined—The barn Wag more than SO yards from the
room in which I slept. I did not hear any persons movii g about
on the outaide when I W 34 pacing up at d •town the room neither
did I see any one, when I looked out or the window, runnin¢ aw,,y
from the tile. The barn was at the hack of the house, and I eirrit
in front.

Re•esamined—There was a garden wall between the place where
I saw the flames tirtt burst forth and the barn.

Ciptain Triquet confirmed the evidence of Mr. Allen, Fot to hie
beiti awoke, and accompanying him to render aaidatance to quench
the hre.

In Ins cross-examination he said that he had lived on intimate
terms with the Itev. Mr. Snell. and he huppowd that wood was
kept in toe hart, not ntettly for the kitchen hut the parlour lire.
Re-examined—Had a spark fallen among the wood in the barn,
as rally a, eleven o'clockgtnight, it would hardly have remained
until two or thew o'clock fn the morning before it broke out into
dames.

A carpenter, named Dde, who was called in immediately after
the tire to est:mute the (mages, laid them at 2531. Si. 3d., which
he considered to be a fair valuation of the property destroyed.
On king cros•-examined, be admitted that he did not value the
prem6r. as if belonging to one having nnlya life interest in them,
but as if belonging to one who had the fee-simple. Hessid, more-
over, that he knew the premises well for many yawl, and that he
did not value them as new but u old buildings.

Reexamined—! be plaintiff had again erected new buildings
in the room of those destroyed, excepting a barn, which was not
re-huilt.

Marin Stokes, another carpenter, who estimated the damages
pith the last witness. confirmed his testimony.
Mr. I'rice, a gentlemin from the Register a Office for the Arch-
desenery of ffierray.'produceiles mandate from the Bishop of Win-
chester, for the induction of the Rev. Mr. Such to the Rectory of
Wintileshap.
The Rev. Sr. Hammond :Proved the induction to have taken
place in the year 1607.
Mr. John Mears, a %elicitor, residinc, at Ilagahot, and clerk
to the hlegiatrres in that district, stated that immediately after the
tire. the gentlemen ret-iding in the neighbourhood met and sub-
scribed the nun of 310 guineas for tie apprehension and convic.
tion of the lacendiary, or incendiaries, and that hand-bills to that
elf. et were printed and circulated. _
Mr. MANGLES, In addressing the Jury en behalf of the lion.
Bred, admitted the fact that a fire happened tin the 2711 i March,
anti that the property consumed belonged to the Rev. Gentleman
who had brouolit thin action, and that due notice had been
given to the parishes, wlrich the Statute required ; but in acknow-
toying this, he meant not to say that enough hail been done to
ratify the law. No eritlenet had been adduced to more that the
fire was occasioned by an ineendisty. The onus probandi rested
with his Learned Friend. There never was • case so void of
proof showing it to have been the work of an incentliary as the
present. But supposing:the Jury should be of opinion that the
race wan fully matte out, Which he trusted they would not, then
came another
.question, which he wished lobe reserved for future
consideration in a higher Court—that the damages being estimated
at the full value, could not be recovered by the plaintiff. who had
not even a lite interest In the property. The Rev. Gentleman
might became a dignitary of the church, he might obtain a living
much higher in value titan Windlesham,he might have a prr bend's
stall, anti in these cases his interest in the value of the property
now sought to lye recovered wriuld cease. The Learned Couns.ll
referred to Book 1, cap. R, of Enen's Ecclesiastical Env, to chew
that property destroyed in the manner proved, did not come under
the general term of dilapidation, and therefore no action would lie
&phial the plaintitE _

"CuesLis ABBOTT, req.. the Under Sheriff, then summed up,
and the Jury, after a whoa cousultation, assessed the damages
at 200/.

There is now living at Heddington, a few miles from
Devizes an old woman, named Permit, tit years of age,
surrounded by her children, grand-children, great-grand
children, and great-great grand-children. The old woman
reaped on the Down during the whole of the last harvest
with the alacrity of a pants of 30; besides leasing nearly
aunt ilushels.