The British Press; or, Morning Literary Advertiser.
London, England, 1821-08-30 00:00:00

DABINE V. CONOLLY AND ANOTHER.

This was an action for • trespass, ender eireuinerasees of
• somewhat extraordinary nature. The Plaiutiff, Mrs.
Dabine, had engaged a house of the Defendant, who is •
aur`eo• at Brighton, al the rate of SO guineas a-year. On
bee taking possession, w►ich was on the 25th March, IVO
she paid half it-year's rent in advance. lu the latter end of
Ftbrisary last, that is, before the second half-year's rein be-
came due, Mr Oniony, wanting money, applied to the
Plaintiff fur 101. on account of rent. This application prov-
ing sssssssss and the lady having removed a great por-
tion of the furniture frus the boost, Mr. Conolly's
clone wet* excited against her; and fearing be should lose
his rent, be resorted to the line of conduct detailed iu evi-
dence as follows:

Margaret Jones, beiag sworn, stated that she lived user-
not to Mrs. DeWitt is March lest; that, on the 311 of that
mouth, Mr. Couoll came to Mts. Dabiee's house, and
knocked at the door; witoess answered from the wiarlow ; '
Defendant said he wanted to get into the house; witssess
refused to let him in : Defendant doubled his list, and swore
(by d—u—g lii. own eyes) that he would gel in ; be then
dew duwu the area into the yard, and site beard the window
smash; she went down and saw that be had got into the
house ; lie had brukeu a pane of glass, which enabled him
to introduce his baud and unfasten the window through
which he hal entered; Defendant ran up stairs ; ail--
Ness was too much frightened to follow ; on his coming
down he said they were • d—d set of robbers, that
they should all be murdered, and that if grittiest did nut
leave the house he would kick her out; in consequence
of
these threats witness left the house; at the time of
her thus leaviug, a writing desk, locked, heloaging to her
mistress, was, anion other ihisgs, left i■ ►he house;
she immediately went sad told her mistress, who was at
the house of • (stead, what had happened; her mistress, the
same evening, sent her after the writing-desk aleuvansen-
firmed, and some dresses which were also in the house, but
the Defendant refused to give them up, observing, that lie in-
tended to have them put up to public auctiou, and that
Mrs. //shine might, if she liked, atteaslasd bid fur them ;
the Bele took place oa the 12th of March; Mr. Cottony was
present, and Mr. Ridley was the auctioneer; the printed
bills, anuonucing the sale, described it as being " under a
distress for rent ;" besides the desk, there were various arti-
cles of household furniture sold, and also • handsome paru-
quet in a braes cage; witness supposed that 401. or 504. was
the value of the goods sold.
Me. Hannah Borrer, •hetler witness, who lived opposite
to the house occupied by Mrs. Debtor, in High-sheet, de-
posed to her having &Heeded the sale in quest sun, and that
she had aces the Plaintiff there, who forbade the sale; wit-
ness saw Mr. Conolly and the anclitmeet in the drawing-
room, looking at • writing-desk, which was open, but she
did not know by whom it bad been opened; Mrs. Dabine
always appn►ed to act like a prudent woman; *items knew
nothing to the contrary.
Mr. ADOURHVII, who was Cosasel fur Mr. Conolly,'said
all be could iu the way of defence, as he bad previously
done iu the eroas-exam►uatius of the witnesses. Mr. A.
admitted that kin client had Gbiaioed possession of Me house
in a meaner that could nut be justified is law; ►et there
were ',demisting circumstances cesemected with it, which,
he hoped, would induce the Jury to give the least possible
damages. His client bad let Ms house to Miss Dabine en
the express condition that half-a year's rest be paid in ad-
vance. The first half year was so paid. The secood half
year bad nearly elapsed; and sot a farthing had Mr. Conelly
obtained. This alone was calculated to ranee his suspicion;
but when to this was added the fact of Mn. Dabine having
removed the greatest part of her furniture from the pre-
mises, he was sure the apprehensions excited in the mind of
Mr. Conolly, that some unfair proceeding was contemplated
by Mrs. Denim% would nut be considered by the Jury alto-
gether unjust or ill.fouuded. It was the coavietiuu, that
some proceeding of this sort was meditated to deprive hiss
of his rent, which led Mr. Conolly to the coarse of conduct
be bad adopted. Mr-Adolphus thee eunsierated the various
articles which had been sold by eviction, mid which, with
the exception of the paruquet and cage, and a couch, were,
he asserted, of the most inferior and iusiguillcant &scrip.
tion. The whole amount which they fetched was but 271. 18e.
There was nearly 28/. ss. due fur rest: and dedsctiag from
the produce of the sale, the expenses of the auctioneer, &c.
these would be left to Mr. Conolly a sum insellicieat to cover
his just demand. After strongly urging these sad other est-
culpatory arguments, and particularly expressing his regret
that Isis duty precluded him from touching on the life, cha-
racter, and behaviour of the Plaintiff, who, according to
one of the witnesses, gained her livelihood by taktag its
needle-work, and, occording to another, by kilts( a ready.
furnished lodging house, Mr. Adolphim concluded an tug,-
miens speech by recommending his elitist to the f and
protection of the Jury.
Mr. Justice BIJILROUIIII commenced kis address ter the
Jury be observing that they most give a verdict for t►e
Plaintiff. His Lordship designated the conduct of the De.
(cadent, Mr. Couoity, as most sotrageeitsj it restioWed

fist of a roliber—fie breaks the window, OS info the
house, and swears that its inmates should all be niarderetL
His Lordship eautioued the Jury against the insinuations
which had been advanced roncetiong the diameter of
the Plaintiff, Nothing having been proved in eildesee
that could cast the least ;illatio' on it. In respect to
what had been stated shout the issaigoiGrassee and niCl4ll.•
nem of the articles which had bee., sold by auction,
his Lordship directed the attention of the Jury to the
printed hill, published by Ilse •uctsuneer on the !object,
wherein those very article+, thus contemptuously spoken
of, were dercribrol as " hasiolsqme household forintoire."
And in regard to the worth of those •rtsclea, hit Lordship
reminded the Jury, that gumbo, czpo,c.l so unction, rarely
sold fur their full valve; it was, sh.rceore, itrobebre, that
what one of the violin:met had cod as ;wring their value
(401. or 501.), was more I•ksly to Inc rm.tect, than the sun
of 271. 16s. for which they ;erre sold. H... (continued his.
Lordship) it was nut by soy lots au.iaMed by the Plaintiff'
in this illegal sale of lore Nooperty, that the Jury ought to
estimate the damiges they were burnt to give In her to-
rpor. They should also take into consideration the out-
rageous assault which use Deems !ant, Cosrully, had cum-
milted; he had been a wrong doer, and a wroux doer in a
very great degree—the lady, who had hetet stilojected to
such treatment, who bad bad her cl-sk beam. open, and
her private papers ransacked and exposed to the public eye,
or at lemn to the eyes of the Defendant sad the auctioneer,
was entitled to compensttlon: the case was use of the
most aggravated description, and the Jury' would not fail to
satisfy the public by administering justice.
After deliberating for a few anomie*, • verdict was re-
turned—Da mtge., 160!. _ _

(This verdict-only arcs. the Drfendsit, Mr. Cwnolly.
In the ewe of Mr. Ridley, wkw was iovolveil with Mr. C.
it verdict was given in his favour, he having only meted it,
him character as auctioneer, and being. by no means ite-
plicstrd in the wore offensive ',art of use transaction.]

DESTRUCTION OP FA It 'HAG STOCK By FIRE.

We lord to hear that a great deal or new bay has hero
more or leas injured this season, by being improvidently
carried to,, soon.

Tuesday hat a large rick of new hay on the farm of the
Earl of Bridgewattr. at Neltlttlea, near Aslsridge,
baying become over licatett, took fire, and burning with
great fiereetteaw soon communicated to au old rick of bay
adjoining* and bath were eousurlWll. •
‘Vedursday,Ao bon t Oracle o'clock, a fire broke out at
Warner's Farm, Great Waltham, Easex, ocrupird by Mr.
Thomas Hadget, uceaaito ad by the over-heating ore stark
of hay,coutaiiiiug it arty fifty loads, and wbkb aloud a short
distatica flan a bstu to which it comniamiented aid shit
considerable damage. The euguies armed in time to arrest
the poogrsm of the devouring element, otherwise much
our° valuable property would bare fallen &sacrifice.
Wedataday mortitig, about Iwo o'rlock,.a fire Lrnke oat
art the Crinimgetteo farm, is S.,harn, Cambridgeshire, belong-
ing to fife John Dirbede, which entirely med a large
bay stack awl a stark of strait.

Tneciay afttrooun a vary alarming fire broke out
*pun tits premiss.. of Richard Brettiugham, Esq. Of Mend-
bun, Sufulk, near Hariestau, occasioned by hay being
stacked in too green a state. About shay tons of hay, %Mr
stables and Oars'', fell • prey to the devouriug element.
The town which bad caught tise, was preserved 4 the timely
an teal of the engines.
Ou Thursday se•aatght, at 1 P o'clock at eight, its cause.
quetice of healing too violentlysa destructive fire broke out
its a Isrge and vsluable 143 y-week on the premises of V.
Mateo, Esq. of ?Ireton, Norfu.k. Precautions had been
lakeu to cut and faggot the same, but front the quantity of
marrow leafed plantain they bay col/tamed, the evil, it is
thought, coutintied to augment, and finally threatened the
destructiou of 4401. smith of fine new and old hard-lard
bay.

ilu Tuesday raoruiug last a large slack ef limy in the (Arm-
ya,cl of Mr. J. Brows of Pudding Norton Hall, near Fakrn-
oaa do:marred to be on lire, and hay to the amount
of 2001. was &street.).
_

A fire of a very singular but alarming description was
occasioned stae•doll, on Monday last, from the
folluwing circumstance :—A perm who held in his band a
burning glair, Directed • child to put a piece of paper
against • lasin, upon shirt, he !nought the sun's rays to
to a manner which set the paper on fire, when that part
of the barn being mach covered with Innis, the blase was
communicated to the thatch; and she burn with • stable
adjoining were thus tosselly COUhUmed. The Rockford en-
gine arrived on the sput ghostly after, but owing to some
defect, it VI2/ rende.ed useless.

About midnight on &timidity hart, some abandoned per-
son set bee to a large new beast-hotel, which was rosered
with about a thutomod faggots bird several loads of strz.w, in
the farm-yard of Ilhr Wm. Gilbert, of Thierkiiraham, Lin-
colnshire; protrodetitia!ly the fire being discuiered early, wa►
preventid trout spteolitig to the other premises. 'there is
moron to suppose the fire was the diabolical act of a■ loons-
altaiy, is coast gramme of a disputa which had arisen the dap
before respecting the r mploymeeit of Irish labourers.
On Monday night, about nine o'clock, a fire broke out in
the marl-yard of Mr. Cross, farmer, of &Moans, near Nor-
wich, which Ike most unwearied esei titans could aol subdue
until three bay stacks, four straw slacks, fire score of
thrashed wheat, ten pigs, besides a barn, tnrttip•bouser, earls,
and many implements, bad been destroyed. The furniture
was also greatly injured. We understand Mr. Crones stuck
is insured in the Norwich Union Office. The cause is yet
unknown; but there is some reason to cuppect that it ha►
been the act of au iscendiary.