The Sun.
London, England, 1801-12-05 00:00:00

DICKENSON 'V. SIIESt.

The Plaintiff is a Gentleman's Strrartt; and the
Defendant his Master, who had discharged him.,
The ACtion was brought for the Balance due'to
for Wages. '
There was no written agreement between them,
nor was any body •-present when the Plaintiff was
hired. The Plaintiff claimed at the rate of 2gl. a
year, as a servant out of livery, who was to dress

r'."4l+'Defetlant insisted- upon it, that, he was a
foot:Man iti.4i%ery, and entitled only to 181. a-year,
sd :appeared in evidence. • The only question
then was, m.hether the Defendant •cottld be said to
have tendered to the Plaintiff 51. iss. 91-which ap.
peared, upon the face of the account, to be due to
him ? It •:ippeared' that the Defendant had called at
the Chambers of Mr. Keen, the Plaintiff's Attorney,
in consequence of a letter which_ he had received
from him, demanding 81. on behalf of the Plaintiff.
That the Defendant .went with the Accounts to the
Attorney, . and said, he was ready .to pay, but
tendered Ito na:mey. It appeared also,
.that the
Defendant, previous to the discharge of the
. Plaintiff, had offered him what . was. due, but the
• servant who saw it, Could not swear to any sum of
money. It appeared further that after the Plaintiff's
'Attorney had written to the Defendant, who is an '•
eminent Merchant, and.who was stated hy a respeta.
able Witness to be an lidnourable man, for 81. as
the deinaed of the Plaintiff, that the nefentlant was'
arrested. for t 11. that being the sum :'afterwards
stated to be dye ; and that a young Lady of fifteen,
the Defendant's daughter, just come home frinn
school, had been sulyeenaed to give evidence on
the part of the Plaintiff, which Mr.. GARROW said,
was for the mere purpose of terrifying her, - and to
bully the. Defendant out of this Case, supposing
that he would; rather'coinply with it than have a
young Lady of that age and that situation examin,
ed, as a Witness.
Lotd KENYON was clearly of opinion there was
nothing. in this Case that amounted to what the
Law. ealled;a Tender, and therefore the Verdi
should be .fur the Plaintiff for this balance of sl.
9.1.. there was no doubt the Defendant meant
to pay .the. money when he went .to.the Attorney 'to
settle the business, hut still as he lad admitted this
sutra to be doe, and had made no legal,tender-of
it, he was liable to pay it in this Aelion. At
the same time be Must say that the purpose of an
Arrest was to enforce the 'appearance of the Parry,
and to provide for his forthcoming at the exigency
• of the Case, but .to arrest a man of known cgodi
such as the Defendant wasp ,his Lordship c6nsidered
as a -..-ery shameful proeeeding ; but the 'impr4i
conduct of the Attorney could not .ahcr the itileS.
of Law. •
Vcrdia for the,Plal::tiff darmtgei Sl. iss. 9d.

co•friEit, GkIIIITLIS.

The 131;1;111ff-is- a7Leather-Currjer Ikomptonl
The Defendant a Clergyman. The parties are next
door. neighbours to each Other.. This il,fttoo was
bToilght against' the Defendant.'for ereCliqg ; frnee,
or board paling, in his': garden,' to 'diminish the
light in ,the. Plaintiff's house. . •
Mr% GARROW stated,. that sense time :ago there
was a Cause of .Eje.Elment tried between These Par.
ties, in whichihe Plaintiff Was gticeessful, and that.
was indeed. the real cause
,of his,being obligyed to
come befote the jut;:y-iti-day. The Defendant, al-
though a Member of..a:Sacred Order,.had fallen into
a vulgar error, namely, that a man in'ity do what
he pleases on. his own ..land, or with his oWn pro:
perry—The Law of. England Was otherwise
allowed no man to enjoy his own in a mariner' that
might annoy hiS 'neighbour: This' the Defendant
might have found-hi pricepti that oughr. to 'tie as
binding on him, as it was his duty to inculcate they
were binding upon others but., however, if these_
precepts were not sufficiently binding upon him, the"
rules.of Law must be so. This Gentleman had a garden
into which the Defendant's windows looked. He
eretted afence within four feet of the Plaintiff's win-
dows, and up to the top of the bedroom, by which
mite kitchen: was rendered useless, as. to every thing
that could be done by day-light, and the-r66ms up-
stairs were very much,darkened". This was most
un.neighbourly ; but the Plaintiff was a.quiet man,
and did not, wish to contest with this great neigh-
bour .; he therefore, offered to the Plaintiff, that if
he would take the House and annex it to his own,
he would give it up to him at the rent which he
paid. for it—but that would not do, the Defendant
was determined to annoy him as much as possible
and -tosshew the spirit in Which this con-
dtitled on the part of the Defendant, he painted the
side next to the windows of the Plaintiff black, and
with pitch, while the other side was' painted green:
several of the Jury had had a view of this; and to
them, any thing he_said must- appear.reold -and:mach:
below the:real case, as was intended to annoy the
Plaintiff; and he begged those who.had been upon
the view, to communicate their knowledge to their
fellows.
It appeared by the evidence. of Mr. Scott, an
eminent SurveyOr, that the house of the Plaintiff is
8o years old, and some of the windows made at the
same time,_ and others' only abOut 4.0 years. old.
That the fence, of, the -Defendant was within + feet
of the windows.of the-PlaintilPs, house, and so ob_
strutted thelight in the kitk:hen, that nothing could
be done in it by .day-light, and as:,to the windows,up
stairs, the light in them could,not enter horizontally:

GAa Row said he had another—Wittiess, bu
he did not see the necessity of examining hini.

Mr: Gin ns rested the Defence upon point of
Law, namely, That- as the Plaintiff's lower win-
dows were struck out of a wall, which the Plaintiff
had always a right to keep shut, the right of the
Defendant was of greater antiquity than that of the
Plaintiff; that he had a right to. continue this ob.;
struelion, therefore, in the saate'tnanner as .the wail
was continued. Originally the Plaintiff bad no
house where it now stood. That in truth, the Plain,
tiff "hayillg any use from these windows, was a.
were sufferance of the Defendant, who was-the ow-ner

LONDON ; Printed by BUCHANAN ',WM' LLAN, (of Bow-treet, Coven:-Garden);
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the yury would besil'adge, by a due consideration
of every thing that appeared in the Course of the
Evidence. .. . . , -• .

_ • .......•__. . .• • •
The Jury had little hesitation in" forming their
minds, and pronounced both the. Prisoners Guilty.
Charles Reid was indided for that he being a
servant of John Aris, slid, ty vigue of his cm_
ployment, obtain and receive froth Ann liaby, spin-
ster, The sum of one pound one shilling, • for and on
account Of the said John Aris, which hi feloniously
and fraudulently diti embezzle ane&ecrete, against
the statute, &c.
After a trill' of. some length the Jury found the
Priso • -

Abotlethe encinth-of june,‘l7o, forgeries to the
amount of between. four-and five hundred pounds
were committed on Messrs. Edwards and Co.
Bankers, in Strafford-place, Oxford-street, by
drafts, phrporting to be drawn by the Right Hole
Lord Milford ; and the forgeries were_ not disco.
vered for a considerable: time. But when his Lord-
ship's book was settled, the:matterwas developed,
he declaring he bad, never drawn for such Simi
the drafts being shewn. to him,- he declared them
not to be his hand.writing,. and that they were
forgeries.
.0n- an investigation taking place, it
appeared that the drafts -in 'question had been pee_
sewed by a man who then lived with his Lordship
as Butler, .a circumstance which caused them to be
paid without the least scruple ; but when the forge-
ries were discovered; the man- had left' his Lord.
ship's service, and every exertion was. made to ap.
prehend him,- without effeCt. The beginning of last
week; 'a Berson who 'was well acquainted with the
circumstance, met the man that he supposed had
committed the forgeries,: and: was: Butler to Lord
Milford, and he -followed him till he went -into an
hotel in ijertnyn-Street ;' when, on inquiring, he
learnt that he lodged ebere,, and weet by another
name .1_ upon this, he gave information at Messrs.
Edwards's, the Bankers,. and -they' applied at the
Public. Office, Bow.strept, when..he was taken into
coetody., On his'gOing to the hotel, and inquiring
for a Gentleman by the, name of the person the for-
geries were committed by, he was informed no such
person lodged -there but on his describieg him,. he
was .sheoen io4thisetpartment, when the Officer re-
colls4te4,lrisheseing seen him at Weymouth, some
yeatS,Sitice,„ at, wi4ch. time he understood- he was
Lord.Miiford's Butler ; that he..call,cd him by the
name he. then went by, and proceeded to take him
into custody. On an examination before Mr.
GRAHAM, two of the Banker's Clerks attenslede.and
proyed paying the forged drafts, purporting to-be
drawn by Lord Milford, and believed the Prisoner
to be the man who- presented.,th;m, but they could
not be positiVe, from ,the leogth.of time, ,:ince, at'id
the man wearing his haitedressed, an:l tfec
being cropped. Some persons the 'hotel :a-ie
tended, and-said all they knew of theErisoner was;
that he casoe in a post-chaise to their -House Lruiri
Dover. .The Prisoner denied tieing the- person in
the most, positive terms, asserting, he had not been
in this country till his late arrival from Sarlinie (of
which place he was a native), for, these six yctrs.
'He was committed for furilier 'exatnination, Lord
Milford not being in Londdn. ,On his second exe.
initiation, two of Lord Milford-3 Traiesmerr at-
tended, and said, they believed 'the 'Prisoner tti.he
the man who lived as Butler, to his Lordship at the
time. the forgeries. were _committee, but would not
undertake to swear positively. Prisoner speaks
very good . English, _and col-elated., himself in the
most cool and indifferent manner, asserting, in the
most positive manner, that. he Was.not the man ; he
called upon tit.. Magistrate, to know, to whom he
was to look, for recompense for'his confinement.
This .was done, in such a manner,. as to induce the
Magistrate to give great credit to the account he
gave of himself, and to say, if there was no stronger
proof brought' against him, he should discharge him.
He has, :undergone a third examination, when ano.
Cher -Tradesman attended; and confirmed, in a
very strong degree, that the Prisoner was 'the man.
who liyed es. Butler with Lord Milford at the time
the forgeries weke committed. The Pfisoner agaie
as positivelsedeniekthe crime, and repeated what
he bad 41;1194 said,enemely, that it was a relation
of hie.who had,.liv,ed with. Lord Milfbrd; he was
ageincommitted for further examination.

An Extract from the Chester Chronicle, Cvember 29.
,On the 23d inst. the Rev. William Buckle, of
Wrentham, Suffolk, for his eitraordinary fortitude
in,rescuing Mr. J. P, from the watery.grave, and,
by the usual resuscitative process, *restoring the
young Gentleman to. life, was presented
,with the
Honorary Medallion of the Royal-Humane Society,
as a permanent proof of his, beneficence and philan.,
thropy,"
IR SH LOTTERY, 15th Express—The Ticket,
No. 2240, drawn on Wednesday last • a Prize- of
Five Thousand Pounds, Was sold at Messrs. +IA:.
ZARn, BIJRNR and. Cob's Of e, itnysti-:Exchanim,
in two Fourths, two Eighths, and Lout Sixteenth
'Shares.
Ftr't!F.NTH Ex R tst.—The Ticket No. 23,324,
a Prize of Ten Thousand Pounds in the present Irish
Lottery, was divided into one Half, and eight Six-
,teenth Shares, and sold at the old State Lottery Of-
fice of Swirr and Co. No. z t, Poultry, where the
Ticket No. 17,281, a Prize of Two Thousand
Pounds in the present .Lottery was also sold. The
first drawn on Monday next will he entitled to Ten
Thousand Pounds. Tickets and Shares are on Sale.

Ildfi SIATLIof

TRY.

FIrTEENTII D.Y.

No. 23,52.4, a Prize of to,oool. •
No. 2,2.40 a..r. fiE aOf
No. 13763, ardl2s799, Prizes of rool, -
No. x 457 z, a Prize otsol.

. -
- MARRIED. •
On Monday last, at HiCiiihtc-;n Le' pring, Wil2iain kfun'""'
Esq. of the Inner Temple, to Mss Franees Mary Mallogi
daughter of 'Clill-:46pber Thoinrsort Mating, • *Esq. MY°.
Herrington Hall, in the County of Durham.