The British Press; or, Morning Literary Advertiser.
London, England, 1818-07-30 00:00:00

THE DUBLIN MARKETS.

There was vety little alteration to the Corn Mar-
ket oilier Wednesday.-1 lirat wit* ratlor heavier,
and about ls. down.—Oats and thinned' were Ida-
tiotioty, but all ripidlly dull ; however, hot du)'s
prices were fully maintained, even hir large par-
celr.—Wheat 45%. to 54..—Oats, 17-. to 19
Oatmeal, 160. -20..—Pharr, iti rather better .le.
mend, IS.. to 32,. for prime fresh seconds.—No
Barley otterisig.—Plitne Malt getting into better
iirmand at 46a. to 484. We had viewer.' samples of
New Bere, and one or two of New theta, which
looked extremely Clue, but, of course, kit soft.

• ICENT ASSIZES.

MAIDSTONE, TUESDAY, JULY 21.
At ten o'clock this twirling Mr. Justice As ore
commenced the budiuess of tile Addises at the civil
Side, and Mr. &deem LENS (for Lord ELLEN-
DuROUGH) at the Criminal Side. Alter the Giant'
Jury were sworn in, the Learned &desalt addresred
them as

" Genf['tarn i!pf the Grand Jar',
" I feel great pleasure ill static.; to you, that i■ the caws
-also Is are about to be iolnnitted to you (with some few ex-
ception•), 1 see hour 'lick are, gesierally speaking, of a yes y
"minims mid a'ai Mug nature. lam aware that it is quite
soinecessary fur use, when addressilig Graitlemets of your
tl.aracu► and taper;esice in Ibe comity, to refer your at-
tenti ~,, in any partrinlar niauner to the um ure aid cha-
✓ect. sof the duties you see now called upon to perform.
Ihuir.•. the importaur•e of also+, I doubt not, is already
sufficiently inipreaw.l upon your minds. But I cannot let
this "ppm-tatty pass, without directing your particular at-
tenti ~,, to one sir tau cases which will he laid before you ;
our of them of that class of offences kuone in the law as
killing and slaying; mid the other of that clan of crime
ulirch human nature abhors and which civilised society
justly regards ■s iu the highest degrte penal, and as uns
leaning for the summary and must severe public r 31.
ample of the off. oder—moil I say I allude to she crime
of murder. In the investixation of these cases in the
manner in which you are humid to view them, you most
take rare that in your return of the several bills y... 1
keep both crimes distinct—neith. r riduciug the mit i•r
aggravating the other upon doubtful or incomplete es ,
au far us your judgment trashier' you to di tide; always tak-
ing, care that it is betters., to pronounce in the first tostame
upon the character of the offeuee, as to render it am res.
sary at a subsequent lime that the [SAC sbnuld Ultdel IN two
investigations. It is a wiry mifor tunate tircumatance that I
am not furnished with the whole of the depositions. I amai
therefore unable to say any thing more to you on the pat.
titular canes to which I allude, except what occurs to use
from the mere general description of the offences on the fat e
of the record. But I now lease you to perform your dirty,
with the well-grouuderl coutideue•e that you will discharge the
important trust consigned to you with fidelity, impartiality,
and coil-tenet's."

The Grand Jury then withdrew, and shortly re-
turned with several bills found against persons
charged with capital offences,.
Philip Smith and Wm. King pleaded Guilty to
the lesser offence, of having forged Bank of England
notes in their pos•easiou. There was an indictment
against them fur the higher offence, hut the Cuunsil
for the Bank withdrew it in consequence of their
plea of guilty to the lesser.
John I..vons was convicted of having three forged
Bank of England notes in his possession. Ile was
sentenced to fourteen years transportation.

YORKSHIRE ASSIZES.

Before Baron WOOD cued a Special Jury.

TUESDAY, JULY V.,
BEAUMONT V. FIELD.
This cause, which is of the greatest itnportauce to
the parties, came on for trial this morning. Nllle
Special Jurors were in attendance, Gentlemen of
the highest respectability in the county, Sir Francia
I Lindley Wood, Bart. was the Foreman. The unit
occupied the whole day, and we shall endeavour to
present a clear view of the case without 'taring
lino details, which were extremely tedious, and in-
teresting only to the parties.
The Plaintiffs in the cause are Colonel and Mrs.
Beaumont of Brettuts Hall, in the West Riding,
the real Defendants are Messrs. Jaratt, Dawson.
and Hardy, of the Low Moor Iron-works near
Bradford, the person whose mane is on the record
as the Defendant being merely the agent of the
(mulberry. Previous to the year 1789, these Gen-
tlemen were engaged in some iron-works at Wib.ey
Low Moor, and being desirous of purchasing the
coals under some farms then belonging to Sir Thos.
Blackett, they entered into a treaty with him for
this purpose, and in the month of December, in
the same year entered into a treaty with him for the
purchase of the coal wider certain farms, which
agreement was carried into effect by a grant execu-
ted in July, in the following year. This griv.t c ,n-
--tained several farms not enumerated in the article
drawn up the preceding year, and was understood
by the parties us including all the coal under all
the farms and lands of Sir Thomas Blackett in that
neighbourhood; among these farms was one which
had formerly been known by the name of Slack-
veal farm, but which having been for several gene-
rations in the possession of the family of the Kel-
lett's, became afterwards known by the name of
Kellett's farm. It had anciently been occupied as
our farm ; but in the year 1773 it had become the
subject of two separate leases, one of which was
grained to -- Kellett, and the other to -- Kel-
lett ; these leases were executed the same day. This
farm or these farms were clearly understood by this
parties to have been included in the grant, and the
Defendants sunk pits, erected engines, and openly
exercised acts of ownership for a series of years, with-
out any remonstrance or objection of any kind from
either Colonel Beaumont or his Lady, or any of
their stewards or agents, until a short time pre-
vious to the conitnencement of the present suit.—
The grant enumerates the names of the tenant*
under whose farms or lauds the coals granted were
situate, and among others occur the following
—" The lands now in the occupation of Widow
Kellett and Son ;" these words do not contain the
description of any property or occupation existing
at the time this grant was made, one widow Kellett
having died about a year and a half previous to its
execution, having her son James upou the harm,
tied the other widow Kellett living ui on the coot;.
goons farm. On the part of the Plaintiff it was
t•ontended, that though the words in the grant did
not strictly apply to any existing occupation, yet, as
they most mean something, the farm which li4tl
recently been occupied by the widow Kellett, whose
son James had lived with her, was the farm meant,
and that, as this would satisfy the words of the
grant, it could not be extended to the other farm,
whatever might have been the intention of the
party at the time the grant was executed ;
111141 that, therefore, as the Defendant* had got
coal upon, or rather under the other farm, not
included in the gram. they were trespasser.,
On the pert of the Defendosita it was insisted, that
as the words .1 IVidow Kellett and Sou" did not
suit any state of the property then existing, they
ought to Le expl.iined by the known oittentlour of
the pewit's and the prohibildies of the case, and
evidence was given of this ititesitiou, and also to
s.hew that the premises bad on former years been
occupied by the Kellett* as a single farm. This

4.nicle of exPlaiiiiug the words 1, Widow Kellett and
Son" were objected to by the I'lsiutill who _it-
bolted that it was not a question ta intentiou, and
that if it was as deer as noon-day that the polies
meant to contract for the sale of the coal under both
reruns, yet if it had not used words in the grout,
which would not iiiclede one farm, thee could not
turgid that meanitig by any evidence of intention ;
ond in this latter opinion the Learned Judge con-
curred. It may be proper here to remark, that the
property which is excluded from the-grant is sur-
rounded on ell sides by coal, in the pi:session of the
Defendants, and that the exception of this would
out ouly be the lose of the coal it contained, but
sender the possession of the other part of. the grant
infinitely less advantageous to the Deferithitits.
Mr. ToPPIN 0 opened tire case on the part of the
Plaiutiff, mid he shortly stated, that the laud ou
which the trespass complained of had been Com-
mitted, was devised to the present Plaintiff and his
ode by the late Sir Thomas Bleekett. The will of
Sir Thos. Blacken was then read, and
Williatn Holdsworth. a cold:Miner, was called to
prove that the Defendants had got coal from andel
the hind in question, had wok pits, erected etigities,
made pit-bills; and exercised other acts of metier-
shiu for a series of yeah,.
Elisabeth Kellett underwent along examieftion,
the object of which was to shew that the Slack-end
berm had been occupied as two separate farms by
"different brooches of the familytf the Kellett's for
hallo century ; and the wino* was crusioexamin-
ed with a view to shew that the farms had been
originally one, and that the'seporation had not
been made so long ago as the witness, it 'Her ori-
ginal examination, bad statee.
George Kellett, the son of old itlary Kellett,
was examined for the like purpose. He also stated
the division of part of the farm, about ten years
before the lease of 1773 was granted.
This ass the only evidence on the part of the
Serjeant Flottoce addressed the Jury on the
part of the Defendants, and calkel the following
witnesses :
Mr. Wro. Tweedle, a gentleman in the 85tls
year of his age, but who appeared hale and vigor-
ous, stated, that he wag steward to Sir Thomas
Blackest in the year 1790, when the grant was
executed. He proved the hand-wilting of two
letters of Mark /qoble, who had been his 'reedit.
yellow as steward to Sir Thomas Blacken. He
stated that the KeHetts came together, and that
they paid their money upon the table at the same 1
time ; it tees for a farm Which had been separated :
their rents were equal, or *early as. There is a
collecting book, which, ifyroduceil, would set all
right—(ii book whirl) was net produced).
On his cross-examination, he said, that Mark No-
ble, the fetmer steward, had been a schoolmaster,
but when he became the steward he entered to a
farm ender Sir Thomas. He was en honest good
man, rather easy sometimes. He was a subscribing
witness to the menden of the grant ; Mr. Mark
Skelton was also present, and attested the execs,-
hots of the deed. Witness had been brought up a
joiner and carpenter, and he overlooked those
work. when 'he became steward.
The grant was then read, which contained the
description of the property, as has been before
stated. Two letters of Mirk Noble, Its. former
steward, addressed to the late Mr. Hardy, solicitor,
were reed, fur the purpose of shewitirt the manner
iii which the negotiation was conducted, and the
intention of the parties. The cold *ditto be paid
fur at the rate of 501. fur as many acre. anti there are
acres of land in the grant, but for duty one acre in
a year. The number of Scree was abetit 300.
John Jsratt, Esq. had been a Partner in the
Law Moor Iron-works for twenty yeals; lie ceased
to be so in the year 1814; *as • partner in the con-
cern before he bargained for the Wileity coal. The
company had previously the coal round the fiihrts'oT
Sir Thomas Blacken, for which they contricied,
amid that was their inducement to purchase the
coals under these farms. Witness accompanied
Mr. Hardy to Bretton-ball, for the purpose of
making a proposition upon the subject ; their pro-
position was to purchase the whole of the coal
under Cool Arbour, Kellett's, Smith, Houlds-
oorth, Walker, and Pickle's farms. Sir Thomas
Blacken being much engaged by company, no
progress was made in the negocistion, but the
steward wrote to them to appoint a time fur a future
interview ; nothing was then avid about the terms.
a few days they paid a second visit, when they
saw Sir Thomas: Mr. Noble was present the whole
tine. A price had been fixed by Sir Thomas iii
the interim, and they never offered less, but then
bargained forl the whole of the property, when a
written agreement was entered into, and the names
of the mottos were inserted from the information of
'Mr. Noble. It was then reed over to Sir Thomas,
and • duplicate of it was left with him. Witness
said, they would not have purchased any part of the
property, unless they could have had the whole : its
that case, they would be leaving the coals for some-
body el.e (freeing them from water.) Some addi-
twainl farms. not inserted in the agreement, were
ihcludett in the grata. In come quence of sonic
conimumcation with Mr. Tweedie (die steward of
Sir T. Blacken, at that time), upon the same *trails
as the rest of the grout, the farm in questions was
properly insulated by the other 'property purchased
of Sir Thomas. The deed was executed its July,
to the following year.
Witueas was' cro.o.ticamined by Mr.
The whole grant conriated 01 about 300 acre*, for
which they little to pay after the rain So: 5(11. au acre
—SO/. to be land autsually. until the. Nhole acre
paid for. They at re not rest uteri as to the qu.m.
loy they should get to a year; and if they could
I:ave got fifty acres sit u tear. still they would ouly
have hail to pay ;soh Sir Thomas bus about 200
acres of other lands 111 Wsbsey, from under which,
lie believes, the coals have been got.
Winona, on bring re-rionniued Strjennt Hul.
lock, stated, that they had purchased other coals
upon list same term,. Sonic documents were then
put in, to sheet the state of possession of the tams.
Liqiiestion. but a hich were not ter) material to the
due:dation of the subject.
Sarah Kellett (*.le of James Kellett, who was
the sou of a Milt) Kellett,) stated, that a consider.
able 113•1 of the faint hail been divided iu her tine,
iu con•tyience t.l the )iiting people not agreeiug so
%ell in the j nut occupation as their predectsaors
114 d done. She mil,, c tins divine's usu.!) more res

•
mit than had been staell by the other
.witnesses.
T Mr. oppiiig CrllliheXilllllited the%titan ; but,
after answering • few quertiobs, she fainted away,
and was carried out of Court. fler crom-examtisa-
lion was 110 i reitimed.
Samuel Kellett concurred iu the stitemetdmade
'by the last wittiest.
Mr. John Killiam is 85 years old ; he knew the
farm 76 yews ago; it was called Slack-toil farm,
mud was occupied by Jeremiah Ingham, who was
she truant of the whole of it. Witness remembers
:allies Kellett, ansi.:Jlin, his cousin, going to this
farm. John was married, anti hid two children ;
and when be died telt his widow upon the farm.
Jartleti was afterwards married ; who dying, left a
widow and children. 'flee widow of John Kellett
lived many years upon the farm after her 11u:band's
•ileadi. Witness was ab,etst shout two years and a
half ; and when be returned he foots(' James, the
bull of John Kellett, living there ; both families
lived under the 'sante roof.
Witi:rs, iu Isis crows-examination, said. that
James Kellett lived with his mother. Remembers
her dying, and leaving three tons, James, Joshua,
and George, who all !teed with her.
George NRodheaci called to prove various
notorious acts or ownership exercised by the De-
fendants upon the farm its question, such as sink-
ing pits, building steam-engines, making a reser-
your for the water, making pit-hills, and other simi-
lar acts, for a series of year., without any 'obstruc-
tion from the Plaintiff.
Mr.*G. Leather, surveyor, was exa‘ined, io'shew
the great inconvenience sud lo,s which would have
resulted to the Defendants if the faun in question
had not been included in the grant, and thereby to
strengthen the inference, that it tutss have been in
the contemplation of the parties, to include that
which was so necessary fur the beneficial enjoyment
of the rest of the grant.
Mr. TOPPING made a very animated reply.
After the Judge had summed up the evidence,
the retired to cinsidet of their verdict—but
its a.few minutes Sir Francis Lindley %Viscid return-
:ie. 'Court, and statid that the Jury were not
likelyaoon to agree is their verdict—upon receiv-
i •
ing thialiattniation, Pie Court adjourned, and its
about 'ass hour the 'Jury repaired to the Judge's
-lodgings, where they delivered she following verdict :
s• That the Jury tumid a verdict for the Plaintiff,
oft the ground that the inteutiou of the parties to
include the farm iu question was not expressed in
the'deed."

The fermi the subject of this expensive
tiuut S.Ousists of tstriity-five acres of lend. and
the company have got the coal under bevels or
right *eft.* of is during the tut years they hove been
viotkusig it.

WILTS COUNTY ASSIZES, JULY 43.

The King v. Thomas Aloe&lin, Henry Collies,
James Itlusblewkite, Charles Drew, 4fos Teach:-
bdry, stud others keliuwwa.
This was au indictment against the perilous* above-
named, for a breach of the peace and riotous con-
duct during the late contest for the representation
of the county.
Mr. Serjeant PELL addressed the Jury on the
pert of the prosecution. 'rule iudictment charged
that the Defendants at the bar had, on the 24th of
the last 'Airmail, been engaged in a public breach
of the peace, and an assault, consequent upon it.
It must be well known to die Jury, that an election
of two gentlemen to represrut the county in Par-
liament had taken place iii that city. 'MAU-
nour tad fallen on Mr. Methuen and Mr. Long
Wellesley—and the gentleman on whose ac-
count this prosecution was instituted was the
agent of au unauccessful Candidate, Mr. Bennett.
It was right, however, in torn to state, that Mr.
'ritual was not himself the Prosecutor of the Pri-
soners at the bar. the Corporation of Salisbury
ha►tog thought it their duty to bring them intro a
Court of Justice. They would find, that on the
eveuiug of the .4th of .Juror, a tumultuous assem-
blage of persons surrounded Mr. l'inney's house,
and resisted every attempt to induce them to dis-
perse. Mr. 'finial had the courage to go out
among them fur the purpose of taking one of the
rioters into custody. Whilst engaged in this at-
tempt, he received from behind a blow on the head
with the bludgeon of some Moutons and cow-
ardly as►assinn, who was protected by the rest of
the snob concerned in this scasidaluits outrage.—
It should be recollected that this attack on Mn
'Finney was made upon him whilst in the act of
discharging a public duty. and nut in his cha-
racter of Mr. Bennett's ogrot. 'f he blow which he
received was of so serious a nature that it might
have proved fatal, and have involved. although he
dill not meets to state that any of the Prisoners had
struck it, all of them in the legal guilt of murder.
But looking ut the case iu a mural view. and draw-
lug those hoes of individual criminality which were
always impressed on the minds of an English Court
of Justice, lie desired only to convict these persons
cc lillltieb to a riot and assault. That being present
and concurring in the acts of violence which wet.
c ttrd, rendered them legally guilty, although
nut the immediate orlon., ass a doctrine which
tires. would hem from higher authority.
►Mr. Justice feast—•• Brother Pell, there can
be no doubt of it."

Philip M. Chitty was the first witness called, and
deposed that he was at Mr. Trinity's house on the
24th of June, the first day of the election for the
cuusitt. lletwerii seven and eight o'clock iu the
evening, elitist Mr. Tioney'itltivka were passing and
re/sassing from the house to the committee-roma at
the ‘Vhite limit, about 14 or 15 persons surrounded
them in a riotous and insults.% manner. They soon
irscreased her. and stationed themselves close
to Mr. 1' ry's house. lie himself was sitting iu
room writing, Mr. Titmey being engaged iu usi ad-
joiniug chamber. The conduct of the mob became
so violent mid disorderly, that he called to Mi. TM-
n. y, " For God's sake go to the front of the to use,
or mischief will be dune," or mods to that effect.
Mr. Timmy accordingly sent to the door without his
hat, and addressed the crowd in these words—
•• What do you do about my house ? You mire dis-
;:iscisig youna Ives, mud I advise you to disperse."
The *snubber (4 the mob had then greatly increased.
and the hooting and was general. Ile oh.
served the Prisoner Macklin particularly actist,
and remembered that be had a large Llmlgrusi iu
las hand. Mr. 'floury add.essed i tit tb.

larly to him, and endeavoured 'to take him into
custody. lie load fir this purpose seized bins by the
collar, when be received It violent blow on the
crown of his head with a bludgeon, rfolll the Wind
arm unhnowii person behind hint. Mr. Titiney
fell on his kneel, and the blood flowed copiously
down his face. Medical assistance was called for;
and soots after he had retired to his room, a con-
stable brought in the Prisoner Macklin. The mob
then began to break the windows, and cast repealed
Trollies of stunts into the house. A fragment of the
glass injured the face of a Magistrate, who had
come there to consequence of the disttir§auce. •
This evidence was confirmed by the teatinsudy of
Mr. Tinney litinself. initl of other !witnesses.
Mr. GRANT, 'Counsel for the Prisoner Drew,
t 4... ti addressed the Jail, on the part of the defence.
concurred with most of the observatimia made
in his opening of this case by Ilia Learned Friend,
at the same time that he felt Wiwi,* bound to con-
tend, that on such an occasion something must be
allowed to the force of popular feeling. That kind
of spirit, lie hoped, lie should never see checked in
too great a degree.
Mr. Meaairwukruza appeared fur the Otter
Prisoners.

Mr. Justice Pia summed up the evidence. and
instructed the Jury, that the assembling before Mr.
Tinney's house was clearly an unlawful act; and
that if death had ensued in cutiseqnence of the
wound which he had received, every one of the Pri..
miners proved to have been present, and to have
been :acting with a common purpose, would have
been in the eye of the law guilty of murder.
The Jury. after a few minutes consideration.
found all the Prisoners Gailly of the riot, but not
of the assault.
Mr. Justice Pratt informed them that lie could
not receive this verdict. The assault was involved
its the not. and they could not be separated on the
first count of this indictment, which alone referred
to the riot. It was fur them to receive the law from
hire; and he trusted they would not violate their
consciences, but remember that they weicticting
under the obligation of an oath.
The Counsel for the Prisoners attempted to ad-
dress the Court, but
Mr. Justice PARK observed, that he was satisfied
with %%hat he had said, a►d should adhere to it situ
perked/0.
The Jury retired for some time, and returned
a verdict of Gwilibe against Macklin, and of Acquit-
' tat as to the Oilier four.
Macklin was then sentenced to a mouth's
its-
pr isoucat u I.

IT
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