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London, England, 1807-03-21 00:00:00

COURT OF CIiANCtRY, LI •4:111.N..41411, MA VICO 20.
woor.Ltir P. tiovsLßY.

Mr. HART, on behalf of the Defendant. applied
to set aside the Injunflion in this Case. The DEMO-
ant was tenant for Me of an estate in Yorkshire,
in Site neighbeoulur)d of Doncaster, with remain-
der to his son, who died about six months ago,
11 which means the interest in the estate fell to the
Plaintiff, after the decease d the Defendant ; and
the former filed his bill for en Injunition against
the latter, complaining of various dilapidisions and
wastes cc,mmitieJ by the Defendant, in making
alterations in the mansion•house, cutting down tim•
bcr, &c. ace. _ _ .

Mt. HART, in suppret of his motion, contended,
that what the Defendant had done, so far from
being waste, was a considerable improvement To the
eta ; the plantations were exceedingly thick and
eose planted, and all he did was to cot down some
id the trees, in order to make room for the others to
grow and improve. He also bad planted a number
of ornamental trees, and by many judicious im-
provements in the minsion.house, and all over the
estate, he had more than doubled its value, within
the 36 years he had been in possession. He also
stated, that the Defendant certainly had no interest
whatever'in committing waste, or cutting down
timber ; but, on the contrary, wished for the bna
provement of the estate, he being tenant for life
himself, avid his son entitled to it after his death.
No complaint was ever made, until after the death
of this son; when the Plaintiff unexpeaedly becoming
the remainder-man, immediately filed his bid.
complaining of all manner of waste that could be
imagined ; upon these grounds, he ousted his Lord.
shiseonlil dissolve the Injunttion.
re Sot,cirok-Gesseaat, on the other haw',
ccr.tendect, that the Plaintiff being tenant in tee, and
the Defendant only tenant tot late, the latter had no
right a hatever to fell umber, or commit other
waste ; and, with respeft to improving the estate,
the fact was the contrary ; fur he bad cut down a
cons; ierable number of ornamental trees, which
were meant to shut out the view of the town of D 0,.,
caster, which was adjacent. As to the value of cheese
tate, it was a well-known fait, that all the lands irs
that part of the country bad doubled their Talmo
wiLiin the last thirty years. The Learned Counsel then
cited several similar cases, where his Lordship's pro-
d.-testers had continued Injuniftions, aid among
ot;iers, osrticularly mentioned Lord Eldon.
The "LOI.D CHAtICELLOa Said, that althou La
Laelevery deference tar the opinious of that . able
and Learind Lord, and of others his predecessors,
yet he c .uld not imagine how the praftice rvf grant-
ItsiiiAintis of this nature had Cteig inia tl. t
C urt ; be could very well see .'re necessiay of •
straining pernicious waste, but he could not sce tl e
t.g:,t of the Court to interfei e to preventing ll*
ting down ornamental ire, s, when it was ea
drat is tented to the improvement of the estate, and
whe:e the party could have no other objet in
sA

• (51

a speech of the Noble Lord (Eldon) is tie House
of Lords. a few nights ago, where, in speaking of
the jurisdinion of the Court of Sessions is Scotland,
lie alluded to an Al of Parliament for regulating
the Salmon Fishery, with respcl to the manner t f
forming ihe grooves for the fish to go up and door
the river, where a party was brought before tl e
Court, who, although be had made his grooves pre-
cisely to answer the provisions of the As,, d
not rounded the edges of them, so as to prevent
injury to the snout and tail of the fish. Here the
Court of Session interfered. aid although the Court
had no jurisditlion to inSsfl a peoafty, yet they
punished the parry in anther way. The cont..
nuing an Injunftion ot the present nature, his Lord-
ship assimilated to the interference of the Court of
Sessions, with respell to the Salmon Fishery. He,
however, thought that the best way of attaining
justice, in the preser.t case, would be to make ..is
o-d,,t, to restrain the Defendant from felling any
more trees that had been planted previous t 3 his
coming into possession, or any of those wb ch he
had planted in their stead ; at the same time elbow-
ing him the full privilege ot lopping and pruning
the present plantation, for their iseprerseaent. as hal,
discretion should dues,.
The parties declared themselves pedeftly sa-
tisfied with this order, w:sich was ar...xfruitizly made,
pro forma.

1

t •

HOME CIRCUIT.
KIII(;STON ASSIZES. Miser
CIVIL sIDS.
Before Mr. Attics Hs•TH.
Y •il 111 V. SIIIIMOVIDS and crrif sat.
Tbia v. at An anion of assault sod :alas imprison-

Mr. Serjeant BEST stated the eireumstaaces of
the case, which were as follow :—The Plainvif was
a fruit meter, under the City or London, and the
Defendants were the Overseers, the beadle, andother
Wirers of the Parish of St. George the Ma. tyr, in
the Borough. The Defendant was charged with
having gotten a girl with child, w:rich was hart,. to •
become chargeable to the parish, and thr Magistrates
at kniou Hall, had, in coniecpsence, granted thtir
warrant for the apprehending the Plaintiff, which Ivo
put into the hands of the Defendants to be t xecuted.
They accordingly, knowing the Plaintiff, took
opportunity, orhen.he was g ,ing to the Circus, one
evening, in Walser, to apprehend hire. But they
did this in a rude and violent manner, seizing bier
by the ccf‘ar, and dragging him away from the c
pany of an old lady whom he was eicdrtrng to ti.:
Circus. The Learned Serjeant observed, dint al.
though then cdoducl here was not such as it ought
to have beau, yet that d,d not furnish the cansa of
the prrstnt affirm. But what he complained of wns,
that when they had thus apprenenotd hien, they
did not immediately tarry km hotcre a Magistrate,
labial they ought to has., don:, hat they kept him
•
Inborn, in custody, M nrder t^ extort from him the
atm of VOl. which they pretrnded was necessary to
Milemnity the pat;sh. He added, that whel • pet.
win was arrested en for a asaige of this snit, the.
were hut two regular mocks oi rrn•zeechng, the LT .
was To take a bond of indemnity fon the patish,
pr to go before a Magistrate, who would take awe.
cognizance from the Defer &at:, tD appear at dui

1

- •

C-..s‘ior:e, end abide sash order as the Justices should
mat e, and that it was wholly irregular, and
had otten been reprobated by Judges, that a parish
should take a gross sum, in their own discietinn,
for au indemnity. He trusted the Jury, when they
had heard the falls substantiated in evidence, would
think this a case of serious uppressson, and give
damages accordingly.
Mr. Serjeant, and another Gentleman. friends of
tiro Plaintiff, proved, that when the Plaintiff was in
custody, they offered to become bail to: his appear-
twee ; they applied to the Overseer ; but he said he
did not know them, and would not accept their bail.
Mr. Serjeant told him, that he was a housekeeper,
and lived and paid rates in the parish for five years,
and that the young man in custody was a principal
fruit-meter under the City of London, arid his bring
detained in custu. y would be of most serious injury
to hint The Defendants were, however, hal:sit:de.
'They also applied to another GI the Parish Officers,
UM" was at a least in West-square, hut he said he
Could not suffer the harmony of a parish dinner to
be spoiled by their intrusion. Other persons were
then offered as bail, but May were also refused, and
nothing would be accepted but the deposit of a sum
of money, which they fixed at NI. The Plaintiff
not being able to produce this sum, was kept in
a lock-up house alt that night, and until the next
seeding, although they were within a few yards of
tile Punlii.-Oifice, in Union-street, where they might
leave carried the Plaintiff, immediately upon has ap-

prehension.
Mr. Serjeant SHEPHERD, for the Defendants,
made a very ingenious address to the Jury, in which
he represented the conduel of them as indulgent to
the Plaintiff in not causing him to he publicly ex-
posed at a Police Office, which would have turnished
ayiaragraph tut till the newspapers, acid blazoned
Isla fault tnrough the whole town. They kept him
in pi ivate when he might have compro-
ani!ttl with Ole parish, and he zeputatioa nut have
bran injured.
The Learned J coot, in summing up, reprobated
the conduit of the p..rnh in taking it cross sum for
tile burl:on of these illegitimate cttlaien, by which
Heir lives were wi.linut prate.% rci ; fur it became tha
interest of the parish, when the tine was pa:d, that
Eft. y should die, and be no more expellee to them.
With respod to the case itself, the Plaintd was
dearly entitled to a verdiEl ; and the ugly question
WAS, the measure of the damages. he thought the
ounclua nt the Defend ants had been tyrannical, and
they would give the fit recoropcuee. Verdia for
the plaintiff— Damages 501.

rRIDAY, MAICN 20.
CROveN sIDE
I lawan wa, tiled on an indiament for
the wilful murder of Mr. l‘ m Chivers, in the
Amish of St. Glary, Battersea, on the 24th of
rusty.
Groombridge, a set rant in the family of
Mr. t.hivers, stated, the l's ironer had been the
Inner gardener eleven days previous to the -
Oath nt Ins mashy. On th morning of Saturday,
tee 210 of January, witne.s observed :Mr. Chiveri,
. kstde man, lilas years a ago, pass the
kfichen ...Mauve, and go Mt., thegersiem at a quarter
Is:fore twelve o'clock; in a lew minuses after,
_tre prwuner asked Witness it he had seen Mr.
Wirers! and on being answered in tke affirmative,
he went into the garden also. In about a quarter
of an hour after this conversation, the prisoner ran
to Witness, who was in the Servents'-Hall, and
exclaimed, "Dear Ratty, Master is down," in a
di.tressed tone of voice. The Prisoner appeared
very much agitated ; and cut his pointing down the
garden, Witness ran thither, and found his master
dead, lying on his back, with two wounds on his
face, from which a copious rfrusion of blood had
Bowed. A spade, and the cane which the decease !
uled to walk with, %vete lying stear the body.
The Prisoner, on the return of Witness to the
• house, was making his escape towards London, but
was secured.
William Backbend, a Surgeon, examined the
body of the deceased. There had been two distina
wouis.ts MA Bed, one a slight one on the lower jaw,
and another, of a fatal nature, about the middle
of the nose, which passed through the centre of the
face, and terminated in the angle of the left jaw.
`Phis later wound, which caused instant death, was
about eight inches in length, and three inches and
a halt in depth.
William Wickman, who was an important wit-
p ness, stated, that he is a baker, resding at Battersea.
He speedily heard of the death of .14r. Chivers, and
going to the hcuse, he saw the Prisoner, and
asked him what had been the cause of his rash con-
duet ? The Prisoner asked if his master was dead /
and on being answered in the affirmative, he said,
"'Chen I must die for him." The Prisoner informed
Witness, that his master bad often used bad words to
him. He had accused him roughly, on the Wednes-
day, of haiing spoiled his vines, and said, that he
(the Prisoner) did not know his business, and he must
get himself another place on the Saturday night.
—The Prisoner went on to inform ‘Vittiess, that he
had observed to Mr. Chivers, he was an old rascal,
and had treated him ill, to take Mtn lrom a good
service, and then hastily to give him notice to quit
his service. On the lhursday the Prisoner infuimed
Witness he had not seen his master, nor on the Fri-
day, which he wondered at. -Ile Prisoner added,
that on Saturday ilia master and he had had words
in the garden. and the former used many bad expres-
sions, as well as shook Its cane over the Prisoner's
shoulders, and ordered him off his premises. The
Prisoner went on to relate, that he had attack Mr.
Chivers twice with a spade, and that he had har-
boured an intention of the horrid afi of depriving
him of life, ever since the sllaursday.
In defence, the Prisoner acknowledged having
struck his master, but denied ever having had any
premeditated malice against him, as he was exaspe-
rated at his conduO at the time he so struck him, he -
having shook his cane over his head and abused
him grossly.
Witnesses were called to the charaßer of the Pri-.
Inner ; one of whit/a, an elderly Lady, in whose
service he had lived a long time, gave him an uni-
versal good charaEter, both in his business and din,
position.
The Learned Juoce, in his address to the Jury,
observed, that the question for their consideration
was. whether the deceased lied been provoked by
menaces to commit the :la. or whether he had aged

front premeditated nalke in the formet case, the
crime would be teduced to roatislanghter. The body
of the evidence, on tee part of the most cution, con-
sisted its the declaration of the pristine; to one of the
witnesses, and he was entitled to equal credit for the
declaration in his defence. • TlLT.fury would also
weigh the charaeter of the prisoner, which went to
prove him a man of good disposition: and if they
were of opinion that the deceased had shook his cane
at the prisoner, they would deliver a verdiet of man-
slaughter. The Jury con:mired for about 20 mi-
nutes, and returned a verdu
The prisoner, who is a very fine young man, w
mdered for execution on Thursday next, and his
body to be delivered to the surgeons for dissteition.
Jo4n Maucork and John Ple were insUlcd fur the
wilful murder of Anne 61/111 ?trolley, at Hot sky-
down, in the parish of St. John's, Southwark, or. the
9th of August last.
The Co lissom Sear" ANT led the prosecution.
Sarah Pooky, sister to the deceased, stated, that
the deceased resided in Cross.street, in the Borough,
alone, and without any servant ; she always kept her
front windows shu', and lived retired. On the 2Grh
of Jnly, the witness carried her some dividends, six
new 21. notes ; and about four o'clock she left her ;
that was the last time she saw her sister. Her sister
used to hoard money in the house.
John Mackwell Garrott, by desire of last Wit-
ness, broke into the house of the deceased, on the
20th of August ; her premises conneeted with the
back-yard of the Barley-Mow; he found MN.
Pooley's back-door shut and bolted ; he forced it
open with a hatchet; when he opened the door, the
deceased was lying flat on her hack, in the wa-h-
-house, with her pockets turned inside out ; a pin-
cushion, a thimble, and a penknit:e, lay by her tight
side. The body was extremely putrid. He then
went to the fr ,nt door, which he opened. and let its
his wife and others 'llse door between the wa.h •
house and interior was wide open, aed the key-hole
cut. On searching about the house, he found theft
some bricks had been taken out level with the bolt
of the shutter, by which it had apparently been
opened; the drawers in the house had all been open-
ed, and the bed much tumh!ed.
Thos. Prigginton, surgeon, examined the body of
the deceased. The body was in sue., a state of pu-
trefadion, he could not say whether she died by vio-
lence or not. - - - .

Thomas Griffin, a corn porter, said, be knew
Maycock, but did not know Pope. lie knew the
Batley Mow, and Mrs. Pooley's house. He never
saw the front of the 1 itter opened, until after the
murder was committed. About two months before
he heard of the murder, Maycock and himself were
going to weak together, when Maycock said to hint,
" Tom, I'll put you in a goodthing." Witness said,
" what is it ?" He replied, " I know an elderly
woman, who lives in a house by herself, who has a
deal of money, and I'll do her out of it. Yon and
I, and a young fellow, who wotks for Mr. Burgess,
will do it." He did not say whose house it was,
but s.tid it was a shut tip house ; and would not
tell him partienlass. H. mentioned this conversa-
tion to his brother William, about ten days after he
had heard of the murder. He told his mother, on
Sunday, being thin sick in bed, and Mr. GiI•SIA
the Magistrate, came to him on Monday. About
ten days before he was taken ill, he saw Maycock
again, who tald him he had plenty of money,
and should not work any more that day. He ap-
peared mucluilisturbed in his mind, and jumped in
and out of the tap-room window.
Richard Martin, one of the gang of Corn Porters,
said John Maycock belonged to the gang, and
was with them at the Barley Mow, on Saturday,
the 9th of August.
John Gray, publican, in Freeschool-streer, near
Mrs. rooley's, stated, that Mayeni:k and his wife
lodged with him at the time of the murder. Pope
and Maycock were very intimate. Maycock was
absent from home on Saturday night : ha returned
on the Sunday evening. 'the next day (theMoudav)
Pope's wife came to enquire after him, at Mar
cock's lodging. Some days jer this absence of
Maycock, the witness heard of s.Pooley's murder.
He was never absent on any other Saturday night.
Mi.GR ANA SI, the Magistrate, proved the e la-
mination of the prisoners, taken before himself,
which wzs in consequence of a fitter addressed to
hint by the prisoner Pope, in which letter Pope
prays lon the King's pardon, and states that he was
present at the rhurdcr, which he said was committed
by the ()dill- prisoner.
Upon toe crosseexamimition of Mr. Graham, it
appeared that the King's Proclamation, offering a
reward and pardon to any accomplice who would
discover the murderer, was shewn to Pope, and that
he made his confession under the idz.i of receiving
favour. His conies ion was not, therefore, recorded
ia evidence; and there being no other proof against
him, he was immediately acquitted, in °Met to make
him a witness against the other Prisoner.
Pope stated that Maycock advised him to as:ist
him in robbing the hoax of Mrs. Pooley ; and on
the 9th of August the pl.') was put into execution.
That evening they met at the Barley Mow, and re
mained nail ten o'clock ; then, instead of going
home, they went backwards into Mrs. Pooley's yard.
They waited until about one o'clock in the morning.
The witness took some bricks out and opened the
shutter, he then got in and opened the door, and
let Maycock in. They could not get any fur-
ther, the passage door being barred. They re.
mained until day-light. Ile was alarmed, and
wanted to escape, but Maycock persuaded him
to come back. They . then went into the cellar,
until the old Lady CAMS down. She came
down about eight o'clock. He was Its the cel-
lar, and Maycock at the top of the cellar stairs. As
soon as he heard the door open, he heard Maycock
rush out, and he heard the old lady cry, oh ! He then
ran op and found her lying down, and Mayeock on
top of her, squeezing her neck, and he so held her,
until she was dead. In about a quartet of an hour
he got up, and said, she is dead. They then rifled
the house of about 901. They found a bottle of
brandy, which they drank in the course of the day.
They stopped in the hsuse until ten at night ; they
then let themselves out and went away. They never
removed the old woman after she was dead, but
they went and looked Al her three or four times.
The COIL'. BARON direr:led the Jury most atten-
tively to consider how far the evidence of Pope, the
accomplice, was confirmed by other credible wit.
nesses ; bccause, if they thought it unconfirmed,
6

M ARKIAGES
Thursday, a: St. CIAIR:It Danes, Captain C K^mpth 'roe
Quash, ot the Ko.al Na.,y to Nita Mary Anne Owe", 01 Not.
folk-.treet, Ssfe,,d.
At hfssy.la-home Chureh, hy the Rev. Henty I ftatheote,
ReCtot of Mix, county of Oxford, the Km I ...mi.. P.I,Let,No
Nhr riss Wolstenholine, of Ifolyerll,S..t.ex Imisteitiately
after the cenTinuriy, the h.l;,pv psis set off ter the brid-sieum'a
MM. fist-shale Hall, Oxfuelifure.

DEATHS.
On Friday, the 11th of March. at Hchningtun Hail, in the
county of Durham, the seat of the Rev. Robert Spencer, lady
Maxwell, relit, of 014 late Sir Robert Maxwell, Rent. of Or-
chardists, in Scotland, and aunt to Mrs. Spenser.
A few days ago, John %Tor hlanJ, Advocate of Scotland.
much regretted He poommed very super., protessausal abdt•
Itev. a sound todgmeot, and an hon•at bran
'HUH WATI..R. Tills IJAT . AT L•rldlit tS SALOUM.
Morn.... V nut. after I Lven..... as*. aft. ~it.
•

SA T. FS BV At ;CTIO.N

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My Mr. STEW ART,
Ott the Premise. Net Hull, near the Seven Mile Stone, on
the Edge...v.:lt...id, ou FRIDAY, the 24th April, IStl,
at Twelve n'elticli, by order et the kite:atom of Mrs. HUI-
' laY.Yt decea mkt ;
I "HE duable Ceme of an excellent How,
C, left Ifonac, and St..lalee. with varivas Out-htteeee,
::al Kitchen and Fria garden, Fish Pond, and Sig Aoes
•at!ttte Laud, cl inclined within a Ring Fend; tM snug-
ton the meat triily pleasant and healthy ; commanding belt,
t,id Views of the surrounding Country, of Hendint,
II I:, Sl4lllllOlO, Ac. the :satinet not., Seven Miles (ruinTa+nv
tat the Ealteware Roa.l, with Coa...het pissing almost ev-t•ss
Lour hi the Day, makes it a hind desirable Reindict ; he%
tot an sanctioned Torl3l of Fuer Yeas, and a Half, at a I,er)
Rent.

T%. be w•ssred, with Tiikets only, end treated for h. !'
Contract, by applying to Mr. Sum t, opposite Annoy, i',.•...
At the same Time will be Seld, the eacellent Household
Fut name sod other Effects.

PRIVAirE CONTRACT, WITH IMMEDIATE 'US
SESSION, IN LULL TRADE.
By Mr. STEWART.
THE valnable LEASE of an excellent HOUSE
and CO.IFECTIONER'S SHOP, fitted in the moat
elegant and modern style, with rrery convensence for carrying
on the Runner' of Pastry *A Conies:tummy, in the men de-
sirable situati..n (and commands an @scenes,' trade), directly
°Km, ite the Box Dour of Drury.lane Theatre, in Widget-
otter!, Covent.garden ; or the Premises will he 141, at an
advanced rem. The Prein.set ate in the most complete
state of repair; having receatly had s very ennsiderable cure
laid 04 fill the •urne. Heil for an unexpired term et Id your,
at a serf low 01l sent; late in i.e occupation of Mrs W!, ry
deceased. To be vteeed, ainl.particalart had, of Mr. Stewart
(opposite Albany), Piccadilly.

LONDON :—Prtnted by G. I)AVIDSON, So. 17, Due's
• {Court, ttow•stroet; Covent-Gantat. and published at tbs.
t itts.:,•, No. 13, Back of St. Clement's Church., Snood, br
W. STUCK, of No 7. New Nelton•etreet, Long Acre.
deft, Vic. for that Paper, bent to the Utheo (port paitil
In.: be duly attinhil to.

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, loving the entre
Sale. Catalngum
vg, Paper, IrLoC-1.
It Archer, Dublin;
midge; Mr KIIINC.
at IP4, riccadnly,
ISIANA.
I bene;., on MON.
dui/erring Day., at
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411 d other
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