The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-23 00:00:00

TUE 1731BERSLADE HALL ESTATE.

The largest sale of dilates that has taken place In London since
ate great Ormond, properly was sold, took like: an Thursday at
she Auction Mart, in the City of London. A very nu•rerc.ffis as.
sea.blap was present when the bell rang at one o'clock, to announce,
that the performsnees were al-out to begin.
lir. George Robins (who it will be remembered sold Lord
°monde's rut property) had the direction of the large sales on
T;ctsday.
Owe attention was principally directed to "the Uniherslade'
Hail Coate," with a view to ascertain if land was still improving.
or if It had m length found its true standard. As the exordium
of rir. Robins would nece.strily occupy a considerable portion
of tam column, it may suffice merely to point ant the most import.
eat feature, via., the present income, and the sum such rental pro.
dated. It was stated that the receipts from the 1.613 acres of
land, including park, was last year ; added to this even the
tithes of 1,1010 leers in the parish of Tanwonh, said to be worth
211 d. a year—this rental produced MOW. The purchaser (llr.
!bard Bolton King) has to pay, of course, far all the timber, in
246:i0n to his purchase. It was stated by Mr. Robins, and ap-
pereitly with sonic effect. that if the purchiser was desirous of
tteasing the amount of him investment, that be believed Lord
klyitiouth was not disinclined to sell his estate, of the precise same
qt.snoty, a ljniring. "In this case," said the auctioneer, " who
rould dot:bt that the fortunate purchaser of the wAule would be the
&presentative of this respected county at the nest election."
Tha other estates alluded to are IS follow :
A villa, and GO acres of land, in the beautiful vale of
Testy • .
A Farm at Ashton. rear Glastonbury. of 170 acres .
inter's Hall, In !lens, a ferme mac, with lld &UM

CS 400
8.300

park-Ilkegronnds 14,0001
A Rerersi‘aary Interest of 2.5001. a-year for the lives of
ladies aged 39 and 40, after the death of a Isdy
:4'nery acres of frsehold garden ground, near 3lortlake, 17,100
A:and StlaterrelYmbend. ode -11all.Estata. 8013:ou04"

A total of . . £136,220
te-anrry of the ITraberattale Hall property being all tenants
at will, 11,e rental may be considered as the present annual value.
Toe product it consequently 33 years purclass: on thi land, er.l -
-.tears purchase toe the tithes.

11'03f A' CIRCUIT.
•
ESSEX ASSIZES, CatLiessoata, JWLY 21. ;
CIVIL SIDE.
Before Mr. Baron ORAHAIR and Special Juries,
NELSON AND ANOTHER v. ORIVEIN.
This was an action for words of slander spoken by the de-
fendant of theplaintiffs, in their trade and business as coach pro-
prietors. imputing to them insolvency. Pies, the general Issue.
Mr. GURNEY and Mr. ADoxisous conducted the plaintiffa'
sae, and Mr. MARRYAT and Mr. Com sex the defendant's.
The plaintiffs i3lrs. Nelson, a widow, and her son> are exten-
sively engaged in the business of stage coach owners, and the de-
fendant is landlord of the Ipswich Arms Inn, at Ingatestone, in this
county, and is also a coach proprietor. In the month of October
last, Mr. Benson, • farmer of %Vest Hanningfield, arrived at I
the defendant's house in his way to London, and inquiredeof the
defendant how he could get to London. The defendant replied
that he might as well go by his coach. Mr. Benson said, to, I
have always used Mrs. Neison's roach, and I shall do so till I
find reason to do.otherwise. The delendant then said, I woOtfer
you like to go by those who don't pay twenty shillings in the
round; the Nelsmos have failed, and paid only ten shillings in
the pound. Mr. Benson expressed his disbelief of the fact, upon
which the defendant repeated the asseition, adding, I know it m
be true, fur I was told it by a commercial man of great respect-
ability, who uses is, house, and he was a sufferer by them, and re-
ceived only Ws. in the pound for his debt. It appeared, upon the
cross-examination of Mr. Benson, that he had heard a report of
the plantill insolvency, several months before the period in o
question, at ilifLrent places, but he said he never believed what he
had heard. The plaintiffs are largely concerned RS coach pro-
prietmoo, having extensive connexions in this and other counties,
and had in then business at least 500 horses. Mrs. Nelson is pro.
priory of the Bull Inn, In A Idirate, in which her son bra too in-
terest. It further appeared, that at the time when the words were
spoken the plaintiffs were starting new coaches, and ware in ap.
perently good reedit and in prosperous circumstances.
Pot the defence it was urged, that the defendant was not in-1
nuenced by malicious motives. and that no damage had been proved I
or suggested as accruing to the plaintiffs front the words alleged;
and that hail the defendant given up leis author at the time they !
were spoken, he would, in point of law, have had a complete
answer to the action. It was obvious that the object of this action
I was to advertise the plaintiff? concern as coach proprietors, and not
to seek a compensation in damages for any supposed injury to their
credo.

No witnesses were called for the defendant.
Mr. Baron ORA/lAN summed up the case, and told the Jury
that the plaintiff were entitled to a verdict, the wools being clearly
actionable; and although there was no proof of positive damage,
yet he raid it was natural to suppose that a report of so serious a
nature was calculated to affect the credit of persons in the plaintiff'
business, and therefore the Jury would take the case into their
consideration, and give such damages as the merits seemed to
justity.
The Jury found their verdict for the nisintiffs—Damages 301.
CROWN SIDE.
James Mallet was indicted for stealing, at Stamford Rivers, on
on the 28th of March. a horse, the property of Edward Rayner.
Mr. JESSOP conducted the prosecution.
It appeared in evidence, that in the right of the 25th of March,
the prosecutor, a farmer of ()near, had his stable and eart.lodge
broken open, and robbed of a horse, a cart, and four sets of har-
ness. On the 27th, Hall, the active officer of Union-Hafl Police
Office, apprehended the prisoner at some stables in the Borough of
Southwark ; and on searching his person, found a key which opened
the stable in which was the horse in question. The prisoner then
directed the officer to another stable in die neighbourhood, In which
were found three other stolen horses, and a regular set of house-
breaking implements. One of the witnesses examined for the pro-
secution, proved that he was coming to London early on the morn-
ing of the 2fith of March, and was overtaken by the prisoner and
another man, riding in a cart. The prisoner offered to give him a
lift, hot he declined. Ile swore positively to the prisoner's identity.
The prisoner ii.erlared his innocence, but called no witnesses.
The Jury, under the Learned Judge's directions, immediately
fount! the prisoner Gritty.
The LOlll3 Crime JUSTICE then proceeded to pass the awful
sentence of death upon this, and two other prisoners named Walter
Nunn and James 3lov, who had been convicted of a similar offence
during the Assizes. His Lordship told the unhappy culprits that
the crime of horse-stealing had now become so common in every
part of the kingdom, that it became absolutely necessary, for the
protection of such property, that the dreadful sentence of the law
should take its course. That lenity which had Unload the Crown
to spare the lives of persons convicted of this offence, when it was
not so frequent, had, he feared, produced the enormous increase
which was now so much to be deplored. The only mode of check-
ing it was to stop the fountain of mercy, and therefore he admo-
nished these wretched convicts to prepare themselves for their tran•
sit into another world. In one of their cases he believed there were
circumstances which would justify him in recommending the cul-
prit as an object of Royal mercy, but he earnestly entreated each
to make the best use of the short time left hint en this side the
grave, is fitting himself to appear in the presence of his Maker. In
conclusion, he pronounced sentence in the usual form.
The prisoners were all deeply affected, and were with difficulty
removed from the dock.
The business on the Crown side ended at one o'clock this day.

NORFOLK CIRCUIT.

BEDFORD ASSIZES, Biurona, JCLV 21.

The Assizes for this County commenced here to.tlay, the liduin
Cittwr BARON presiding in the Crown, and the Lotto Cruse
JUSTICE of the King's Brach in the Civil Court. Five causes
were set down fur trial, and the Calends& contains the heaviest list
of ealreinals on the Circuit.

Ilarkins was indicted for stealing one wether sheep, from
a field in Eaton Bray, the property of Thomas Ashwell.
The prisoner, on being arraigned. pleaded guilty.
The CHIT/ BAllox asked him if he had considered the erect of
his plea?
Prisoner—Ves ; I'm guilty.
The Cif JEW Bartow—lt's usual to advise persons in your situa-
tion m take their trial. If you suppose that this plea will in any
way niitigme your sentence, you are oda:alien.
The prisontr said—Then, not guilty.
Ashwell said, I know the prisoner. I lost a sheep ; I
missed it on the 17th of June ; I found it in Mr. Hall's park on
the 27th ; 1 knew it fmm a mark.

_ _ ..._....
The prisoner declined asking this witness any question.
Francis lounge said—l'm Mr. Ashwell's shepherd; I didn't see
the sheep till I was enlightened by another man. I knew the fea-
tures of the sheep as well as I knew my master's. (A laugh.) It
was n:y master's
Wm. Dyles bought the sheep alluded to by the preceding wit-
nesses. from the prisoner. Ile paid 201. for the sheep, which was a
fair price.
Prisoner—lie did not; we exchanged for clothes.
The Cicero' Bartow—That's not material ; but I'll ask the wit-
ness if you like.
His LoNDSIIIP put the question.
Witness replied—lie bought a ehirt from me for half-a.crowns
and returned it again on his pleading inability to pay for it.
A witness proved that he had taken in the sheep to graze for last
'lmes", and it was claimed while in his field by Mr. Ashwell.
The prisoner, in his defence, said, " I done it fur want."
The Learned JUDGE summed up the case and left it to the
Jury, desiring them, if they doubted the evidence, or the guilt of
the prisoner, to give him the benefit of that doubt.
The Jury returned a ,edict of Guilty. Sentence was not pro.

Henry Willer:, to a similar charge, pleaded guilty.
The Learned JUDGE advised him to consider well his plea, but
e persisted in desiring that it might be recorded.
Judgment of death was recorded against the prisoner.

Rath Price, Wm. Freeman, Henry Bean, Elizabeth North, and
Amy Bradshaw, stood indicted with having, on Monday night, the
'Mot May, at Dunstable, feloniously stolen from the person of
Joseph Waller a 101. Bank of England note, a 51. note, two 11.
notes, and three sovereigns.
Mr. Hawat NS conducted the prosecution.
Joseph Waller lives at Sundon Mill. On Monday, the 23d
May he was in the yard of the Anchor public.-house that night.
Ruth Price came up to me, said the witness, and asked for a shil-
ling. 1 refused, and she put her hand in my breeches pocket, and
drew rut my purse, in which there was 201.; one ten-pound note
which I had from Mr. John Bullock of that money ; • live-pound
note and two one-pound notes of Layton Bank, and seven shillings
and sixpence. When she drew out the purse she threw it on the
ground, and caught hold of me. 1 attempted to catch hold of her,
and then Freeman came up and struck me over the head with a
nobb'd stick, and he swore if I did not stand still he'd break my
head. Amy Bradshaw and the oilier woman, whose name I don't
recollect, held me back. (Witness here corrected himself.) Free-
man may collared him. It was Henry Bean who struck him.
I went that night, accompanied by Joseph Gamer, to Hemel
Hampstead. 1S e stopped there till seven in the morning. In con-
sequence of information received we got a warrant, and went to
' Layton fair ; and, just as we got out of Hemel Hempstead, we
met these five prisoners in a dung-cart, coming towards Herne'
Hempstead. They jumped from the cart when they saw us. Ruth
Price I caught hold of, and gave her up to the constable, and
acarched her. We found ore sovereign, two shillings, and two
sixpences. The constable took up a red pocket-book, and it can.
taioed • ten-pound note, which I described as mine before I saw it,
as having the name of Broomfield on the back. We left her in the
custody of a constable, and about two hours after we found the
other/ in a wood, where we apprehended them.
Cross-examined by ftlr. RAYMOND-1 went to the Nag's Head
at ten o'clock in the day, and stopped an hour and a half, and dur-
ing the tame I had some dealing. I left it tintd:y about half-past
nine at night. I had enough to do me good and no more. 1 never
touched 110th Price before she laid hold of me.
Joseph lamer was in Hunstable on the evening Mr. Waller was
robbed. He saw the prisoners on that evening all together.
Thos. Broadway, the constable. produced the pocket-book con.
tattling the note referred to by Waller, the prosecutor, and eorro-11
borate,' him as to the prosecutor's describing the 101. note.
Waller was again called, anti identified the note as his property.
Ruth Price, in her defence, said, that Jostel.h Waller had dragged
her up the yard, and took liberties with her, and the other girls
Came up and asked him what he meant, and he said it was no
bulimia of their's, and then the two men came up and he went

away.
The ether prisoners made no defence.
The Cater BARON left the case upon this evidence to the Jury,
who found the prisoners Guilty, but not of vivitiere.
Ilia Imarlitile said,
that ‘t was quite impossible for him not to
be satisfied with the verdict just preueucced. The prisoners were

lufaJi

•• I well known from tlie various depredations tomultted by Ikea in 1
the neighbourhood af Duunteble,.and the exemplary punishment
which he was gbotaseign to their guilt would, he trade no
doutat;teach the deed that their offences could nut pan un.
',ecl, when it wail brought haute to them through the vortlict
v. The r -ROOM ot. the Court IVAN the they should scree-
pleee heyond the seas as his Alsjeaty
Privy Council, appoint, fur the na-

to se,
*eight, with the advice of
Wei term of their lives.

•
Molnar Tatlor stood indicted for stealing, on the I lth of May
last, a sheep, the property of Susan Parry.
Mr. ll•wattes was Counsel for the prosecution. The teamed
Gentleman stated, that the facts of the ease were contained in a
very narrow compass, and that in detailing these facts to the Jury,
he should abstain from remarking upon the frequency of the offence,
or the necessity of visiting its commission with exempliay punish.
ment. On the right of the 10th of :Slay a person, who had been
employed for a different purpose; namely, to watch the preserves
of Mr. Whitbread, had observed the prisoner and another person
attempting to raise a sheep over a gate. The witness, who would
appear before the Jury, concealed hin.self until he found these men
ia such a situation that he could 'secure them, and then he seised
the prisoner, whom he could, beyond all question, identify ; but
if any doubt on this point cxisttd, he had possessed himself of the
prisoner's hat; so it would be proved bye second witness; and the
circumstances were sufficiently strong to convict the prisoner; but
there was this additional evidence of his guilt, that he was disco-
vested three days afterwards in the house of another at twelve o'clock
in the day, with his clothes on, and he in bed, when be had been
in vain searched for during the two preceding days at his habitual
) residence.
Wm. Smith was then called, and he said—l live at Elston. On
the night inen!)oned in the indictment I was watching Mr. Whit-
i bread's preserves. About twelve o'clock I was on the top of
Tinker's-hill ;it was &darkish night. There were two men engaged
ID lifting a sheep over a gate, and in order to discover who they
were I concealed myself. I said, " halloo, say friends, you are steal.
lag a cheep." I had known them before. Thomas Tailor, I ant
sure, was one of them. They struggled, and I caught a hat from
Tailor before he ran array. There is a mark, " Sheerness," in it.
I I bad heard Tailor say he lied been for some time in Sheerness. 1
found him in lied, hut his clothes were not on him, two days after;
;he said he had been in bed twelve hours, but the lady of the
house &aid he had not been in best more than two hours.
The Counsel for the prisoner ceps'-examined this witness as to
his knowledge of the prisoner. The witness declared that he bad
no hesitation in Identifying Tailor.
The Counsel asked the witness if tie night was autciently light
to discern his features?—lt was a lightish night in that respect.
If it was light enoegh to recognise his features by its brightness,
I what was the necessity for taking the hat thought I ought
to take it in propriety.
Were you quite sure that Tailor was one of the two men ?
Oh. yes.
Then being quite sure that Tailor was one of the two men, am I
to understand that you secured the hat merely because it was a pe-
culiarly constructed hat ; or, as you have said, " on amnia of its
propriety ?"—l'll swear that's the IMP.
And that is an answer to my question ?—I know him, and! wish
to say nothing but the truth.
It was a very dark night ?—lt was darkish.
Have you never said it was very dark ?—l'll swear that Tailor
was the man.

TPC;;OUTlOderstand my question ?—Have you ever Paid it was a
very dark night ?—lt was not so dark but I could see Tailor.
Then seeing Tailor, as you fancied, what necessity was there for
possessing yourself of his hat P—l took it because 1 thought it
proper.
lie was in bed when you went to the house where he was resid-
ing P—Yes.
His clothes were on P—Oh, no, they were not.
Ale. HAY/stmt.—That's a mistake.—They were not on.
The Counsel for the prisoner.—Was not Tailor lying ill at that
time of ague ?—Yes, he said so--but the woman said--
Counsel for the prisoner—I am not asking you as to what every
old woman said, but as to a fact. Was be ill P—l believe so.
Several other witnesses were called, who proved the formal alle-
gations as to the property ; and one witness was produced who had
seen the prisoner near the place where the rubbery was commit.
ted, but Mr. MAC Dow ELL declined cross-examining any of
them.

The Jury, after some deliberation, found the prisoner Guilty,
and sentence of death was recorded against him.
Thomas Bygrave stood indicted for that Ire, on the 28th of April
last, at Broome, violently assaulted William Piggott on the King's
highway, and from his person took one silver watch, value 2W.;
and Jumr• itoton was included in the same indictment as having
received the watch, knowing it to have been stolen.
Mr. II ocDowELL was counsel for Bygrave, and Mr. KELLY
for Stoton.

Piggott the prosecutor said—l wu walking neat a place
called Broome, and two men came from under a hedge, and asked
me the way towards Biggleswick.
The Cuts, BARON.--DO you see these men in Court !
The witness, an exceedingly old man, looked rouud the Court,
but made no answer.
The officer, whose duty It is to swear the witnesses, said to the'
prosecutor—Look that way (pointing to the dock)
Witness--I know that man in the red waistcoat well—that's
Stoton. The witness then proceeded to detail the following facts:
Bygrave said to me—you've a nice gun, and he laid his hand on
my shoulder. Then the other man caught hold of the gun, looking
at it, and Bygrave made a snap at my watch, and broke the chain,
land I said—You sha'nt have it ; and after that I wlie pulled down.
and one of them kept me on my back, and tit,' Mood dewed from
my mouth.
The CmtEr BARON—How was the.: man dressed ?—lie had a
hairy up on.
Do you see him now
Mr. MacDowxt.s.—My Lod, the witness hat already sur.
veyed the Court with tile closest attention, and he has not—he
cannot—identify the person who robbed him, for this obvious
reason, if he is to be credited, that the thief is not here.
The it lEl' BARON—He has not said that Bygrave Is not here.
Mr. Iliac DOWELL—Bygrave may be here; hut if the prose-
cutor's testimony is to be believed, the Bygrave who robbed him is
not here.

The Culler BARON—He may not see him, and yet, he may be
hcre.

!llacnowr. Lt.—lle has recognised the man who stands not a
very gnat distance front Bygrave. He has given his name to your
Lordship, and it is now on your notes. Is It to be supposed, that
his vision is clear and perfect until it reaches a particular point, and
that then, it suddenly becomes confused and undiscerning ?
The CIII kr BA nox—You are counsel for Bygrave, and you had
better cross.examine this witness ?

Mr. MacnoivELL—Wi;hyOtir Lordship's permission, I should
rather not cross-examine this witness; seeing that he has said
nothing to affect the person for whom Irm counsel, and who stands
now before your Lordship upon his deliverance ?
The CHIEF BARON—IIe has said Bygrave was there.
,lr. Dow ELL—Perhaps your Lordship would allow me to
have him called back again for cross-examination, if I should con-
ceive it to be necessary.
The tut Er Bs! o —That's an inconvenient course; but if you
think it necessary, I shall give you the opportunity.
Mr. 31 acDo w ELL expressed his readiness to relieve his Lordship
from that inconvenience by cross-examining the prosecutor at that
perod of the trial.
The prosecutor, who wu rather deaf, then came forward to the
table.

Mr. MacDowz Lt.—These men used you my ill?—lndeed they
did. Sir. And though you have not found them to day, because they
are not here, they may be discovered yet. You look'd round the
Court for them, and they are not here ? The witness turned his
head towards the dock.

Mr. Al acDowe LL—I don't wish you to trouble yourself farther
on this subject ; attend to me. You don't see Bygrate ?
No, Sir. _ _

Then go out of Court, and remain outside until you us called.
The witness left the Court.

John I)illy stated, that on the day mentioned in the indictment, he
saw two young men going down the marsh, near to which the
robbery was committed. W. Bygrave was one of them.
Mr. lilacDowELL—Will you venture to swear, positively, that
W. Bygrave was one of them ?—Yes...-1 am sure of it.
Mr. illacDow ELL—Thomas Bygrave is charged in this indict.
ment, as the person who committed the robbery: There may be a
William Bygrave, a relation of this man's, and as he is not idea.
tilled, your Lordship will not permit this ease to go the Jury ?
Mr. KELLY—AIy Lord, as counsel for the prisoner Stoton,
charged as a receiver, I submit that, as there Is no evidence to
affect the principal, Stoton cannot be convicted on this indictment.
Mr. 111 Ac Dow EL L—Not only is there no evidence to affect the
principal ; but if the evidence for the prosecution be entitled to
credit, he stand, clear of all suspicion. The prosecutor looks round
the Coutt—he knows the man standing beside the prisoner By.
grave, but By rate he knows not. A presumption is thus created,
that the man who robbed hint, is not at the bar, and that presump.
tion becomes proof, when it is supported by t .e testimony of another
witness, who saw two men on the day of the robbery, near the
scene where it took place—one of whom, u he sweins, and the
question was put to him more than once, was not the prisoner at
the bar, whose name is Thomas, but another man, named William
Bygrave.
The Cuttr Banow.—Do you contend that there are two of
them ?

Hr. blacnowtm..-1 contend. respectfully to your Lordship,
but with confidence as far as I recollect the evidence. that there is not
a shadow of proof that the man mentioned in the indictment is on
bis trial to-day.
His Loan:mil. then desired that the witness Hilly should be
recalled. He had left the Court on the suggestion of the prisoner's
Counsel, but he soon appeared.
The Cuter B*aow.—Did you say that en the evening nen-
tioned in the course of this trial, you saw William Bygrave and
another person near the place where the robbery was committed P.-.
I'm positive sure of it.
:he CIIIIF BARON.—An there two persons of the tame of
Bygrave ?—Oh, yes ; there's his brother Thomas.
The CHIEF BARON (to the Jury).—Then, Gentlemen' In this
er-se, I think there's not evidence to convict the prisoner, Thomas
Bygrare, and without his conviction the other man, charged as the
receiver, I mean Staten, cannot be convicted. You will therefore
say that the prisoners are not guilty.
The Jury pronounced a verdict of .Vut Guilty.

The CHIEF BAROX cautioned the prisoners as to their future
conduct. That conduct would be observed, and too mush anxiety
for the preservation of character they could not manifest.

CIVIL SIDE.
110WYER V. P•LYZIII..
In this ease Thome Bowyer, a farmer residing at Diggleswade,
was the plamtir, anti the defendant was Fyshe Palmer, Esq. M.P.
It was a question as to warrautrig, aud this action was brought to