The National Register.
London, England, 1821-04-09 00:00:00

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SURREY ASSIZES. -
KINGSTON. APRIL 7.-I'he assizes for this county
finisha here this evening, about 7 o'clock, itid ended
the Home Circuit. Both courts bat this day to try mi..
stmeis. Mr. Sergeant Litres asssisted in clearing the
town-hall. The business in the civil aide was very
heavy, and was not disposed of until a late hour on
Friday evening.
BARNARD V. AUSTIN.
This was an action Mr a nuisance, in erecting a steam
boiler with a high shaft, the smoke from which was
alleged ul be injurious to tl.e plaintiff and her family.—
It will he recollected that this cause was tried before, at
the last Spring assizes for this county, when a verdict
was found Ibr the defendant. The plaintiff had obtained
a new trial, on the ground that that v. rdict was aAainst
c% idence and the direction of the learned judge, and the
record was time broti,:,ht down a4ain.
The trial lasted from nine o'clock in the morning till
eight o'clock in the evening or 'rhino ,y, when it was
adjourned till Friday, and at five o'clock in the evening
of the latter day, the jury, after hearing a great intuit-
ber of witnesses on both sides, found their verdict fur
the plaintiff, with nominal damages.
mews 6108.
BuiIt:MARY AT ENGLEFIRLD GRBEW...4. Lanandl,
Jesse Sangwell, Charks Smith, and J. Weston, were
indicted for burOarionsly breaking and entering the
dwelling-house of Elizabeth Green, widow, at Egr.aiti,
in the night of the vnih of March, and stealing a silver
tintiff.box, a silver clasp knife, a murmur picture, ,wo
pearls, a gold ring, and other articles, her property.—
This case excited very general interest, from the darilig
eirc 1111 l stances of the robbery. The evidence airilist
the prisoners was precisely the same as we gave in our
last.
The facts implicating Smith and Weston were the
finding a purse on the Milner, and three guineas on the
latter. Mrs. Hamilton could nut swear positively to the
one or the other.
Smith's I.dullady said, she had seen such a purse in
his possession time weeks before the robbery WAS com-
mitted.
The Lord Chief Baron summed up the evidence with
great minuteness, mid remarked upon the deficiency of
the evidence against Smith and %Veston. There was
certainly a strung case of suspicion against them ; but a
jury of I.faiAiisitien Wire not to deal with mans lives
upon mere suspicious.
'l' lie jury immediately found Smith and Wesson not
guilty, and La Wk. II and Si tgwebl gutliy—Death.
The learned judge then passed the awful sentence of
death, and feeinninended the prisoners to make the
most of the very short remnant of their lives, fur they
must expect no mercy at this side of the grave.
The prisoners begged hard for their lives, Inn they
were told not to delude themselves by any hopes of
mercy, but to prepare for a speedy execution for their
Cllollllons
TOE KING V. R. clement:a.
This was an iiiiltetnient against the defendant for Iran-
dnlcitly Gnat Aunt, the wife of W [Mani
llodkisson, a buckram saltier, on the '29lh of Septem-
her, 1819, the sum of three pence, by falsely pretending
that he was employed by the Rev. V. J. Abily, to col-
lect subscriptions fur the St. Joni' s Bible Association.—
It appeared in evidence that the prisoner had, for a con-
siderable time past, been living by frauds similar to
that which he now stood ch,,rged, and had collected in
11111311 of two pence and three pence at a
time, no less than !Otto!. by pretending to poor people
that he was empiii)ed to coliect such subscriptiois for
the St. John's Bible Society, of which the v. Mr.
Abrly was a leading member.
The jury tinder the learned ;ledge's directions, found
him guilty.
The Lord Chief Baron, afti.r commenting upon the
wickedness of the driendant's conduct, said he should
go to the titmoot extent at the law in punishing him,
and accordingly s.nicitced hint to transportation for
seven ytafS.

BREACH OF PROAIL,E OF NIARRLIGE.
‘ytts B. B:iAY.
At the assizes for the colony of %Vartvick, there was
an action hun,i ht l.y .he plaintiff in this cause to recover
a compensation in uaittaBes Mr a breach of promise of
marriage.
The plaintiff, El:zabeth ILi I s, is a young woman in
a I ble but respte;ahle sidiere of life ; the deiendant
is a fanner, residing at Kenilworth C ase, and in good
circumstances.
The plaintiff went to live with :11r. 11,ay, as his scr-
vain, at Lady-day,lBl9 ; its a lay mouths alter lie began
to pay very particular attention to her,aild at length pro.
tamed fur marriage, and to settle ;tool. a year upon her.
This priiiiiisc was made at several tillirs, and :n iacseuce
of several persons. Plaintiff had acquainted her friends
with the prm mak of defendant; and defendant had also
sent Mr tile w ttttt an's father, and made the same pro.
po,a Is to him. Plaintiff continued to live with defendant,
and became pregnant. She weld homily, and preparat tons
were made for the wedding. Plaintiff fixed the of
()Luther, and this the 30d1 of the same moult., or the
marriage. put off the marria,e unl the lot
lowing Nlimitay, but in the interim sent plaintiff word
that his friends disapproted of match, and therefore
he could not lulfil his promise. Tuts disappointment to
plaintiff was such, that it produced tymploilii of prema-
ture latgitir, amid on the ndlowing monolog site gate birth
to a Stlll-LW:I dl4:d. that lie was
worth 'spas arils P.alutia was about 21 years
of age; defendant was 60. 1 tie daluays were laid at
4,0001.
11`itnesses were then railed to prove the pla'nt;ff's case.
Air. Denman tirade all eloquent appeal to the jury in
mitigation of tholazes.
Al r. Sergeant Vaughan spoke on the part of the plain-
tiff.
The judge summed tp, and the jury returucd a verdict
--Damages V.Sed.