The Sun.
London, England, 1801-06-12 00:00:00

was to be brought up this day for the Judgment of
the Court
The ATTDRNEY.G ENE R AL) leading Counsel for
the Prosecution, said, that Mr. Serjeant LEND, had
had the notice to which his Lordship alluded, for he
had caused the communication himself to be made
to the. Learned .Serjpnt. •
The Defendant said he was upwards of Sixty
years of age, that he. was too poor to subpoena
any witnesses, otherwise he could have produced
several who would have given him a good diame-
ter ; that he fed•these girls, who were settled with
him .as apprentices, with whom he had a premium
only of forty
,shillings, as well as.he did his own
family, and a,s well as he was able ;' but that from
his extreme poverty, that was very scanty, for, his
trade, which was that of A Tambour-worker, had
dwindled away to almost nothing ; that these two
girls were correaed by him but slightly ; that he
occasionally struck them, but it was very gently-:
Lord !KENVON---'" You should -not. have struck
them at all."
•
The Defendant then said, that he was apprehend.
ed a great while ago, and that he had been kept in
close custody eve! since, and almost starved ; that
his poverty prevented him from making; any de.
fence ; that the girls who complained of him were
very bad girls,' that what they swore against him
\vas fake ; they wanted to ruin him, and they had
obtained their wish. ,
At this time Mr. Serjeant 'LENDS came into
Court, and Lord ICE xyora said' to him, " BrOthet
LEtans, yoUr Humanity;, when this man was tried,
induced you to express a willingness to afford him
your, assistance, if the case should turn put to be
such as to afford him any. Do you wish to take
rime to piepare for it ?"
.:14r,Serje.int LutfOs said,: he had no affidavit to
laybefore the Court,, to alter the complexion of thu
fakqs as they had appeared at the trial; so, that he.
umi leave' the Matter as it stood, for the judgment
of the. Court. 7 • -
ERSK INE observed, that the offence for
which this unhappy man stood before the Court
was abhorrent to Humanity, and that suggested to
every good man the propriety, of extending huma.
nity even to him Who was found guilty of a breach
alit. This man, Mr. ERSKT NE was informed, had
three daughters--if they could:fniniSh'Mr..Serjeant
LENDS with matetials!i for the mitigatiOnof.thit
man's sentence, the Court would, in its merey,,giVe
time to have their affidavit laidbefore the Cotirt.
Mr. 'Serjcant Laros,said, that this leadhad been a
part of the consideration of thiS case, and Which he
had iven to it out Of Court bin he had nothing
to say now upon it, and so hedeclined saying any
' thing in', this man's behalf..
Lord' KENYON.--" To be sure, if that had
been done;-which ought to have 'been 'done, in
this business, the Case- would not have arisen.--
The LavPhas done all that human wisdom can do.
It was the obje& of the 'Law that helpless children
should be placed our.as apprentices, in a situation to
get such instruaion as might enable them to gel
their living honestly. The Overseers are to put
these children out for this purpose, with the con-
currence of two-Magistrates, but these Magistrates
should not look upon these things as a mere matter
of colarse,, which only requires their hand-writing.
in the margin of an indenture, They shoulatake came
that these poor creaturas:are fed, cloatlied, and pro-
perly
narrated : here are seventeen of these helpless
creatures placed with this man, who states himself
to be so poor, as not to be able to assist himself and
his family; the Magistrates could not have thought
that a proper place: if they had examined, it. The
Overseers ought to have visited the place, and seen
how it was conduced, not once a year, by way of
forni;btit Very frequeotly ;.they stood in loco parem.
tit, and they should , have perfortried the duties of
parent fot these orphans; we do not know what to
do with this Case, it is a very grievous offence ; he
beat these poor wretches because they did not per.
forth more work than they had strength to do. It
and
brought a sad Case indeed. Let him be remanded, '
~
brought up the last day but one of the Term.

In the course of the morning, a case from some
Quarter Sessions was argued, in which the question
was, whether a Lime Quarry was rateable,? By both
parties it was agreed, that if it was to be considered
as a,ntine, that it could not be rated ; but that it was
to be considered as a mine, while one parry affirmed,
the other as stoutly denied. After several had been
heard in support of the negative of this proposition,
a Learned Uentleman gravely undertook to make it.
out by the following sylogism : A mire is a tore in
the earth made scientifically ; to bore a lime quarry
requires no -science at al; ; ergo, a lime- tnarsy is
not a mine.

The, Arroarrey GENUth Li in rising to reply,
observed, that it would be very unfortunate for him,
if :te was •obliged to maintain that evely was
a matter of science, for after what had fallen from
the Learned Gentleman behind him, that position
yeas certainly untenable burn* of laughter). lie
propeeded in this style to answer the ariuments of
his opponents, but could not succeed in persuading
the Bench.

Lord Kt itiXON was of opinion that the quarry was
not ,mine, and ordered it to be rated.