The Sun.
London, England, 1801-08-27 00:00:00

SHEERNESS,' Avc.

THE 'Zebra Bomb-vessel this day came into Har.
hour, and
baulecl'alongNide the Sheer.htdk •to have
'er mortars,taken:out ; which having been done,
and othets, pur in,
_she went out of Harbour again.
The Sparkler 1 and Clinker Gun.vcAels were
docked
; the latter is ordered to he paid oft.
v light air of wind at E. still detains Con.
C?'3 to the Baltic and Elbe.'

= POOLE, Auc. 26.

TUE Falcon, BuRRItE, arrived here from New-
folindland, -separv.ted,from the Convoy after having
been out live days, in a heavy gale of wind and
weather, and has not seen any of them sin e.
She has been. 36 days on-her passage.

The Hon. Capt. MURRAY, who
.cornmandc:d the
gso,l when wrecked off the Coast of 'France, is
.4PPoinfed to, the Command of L'Oiseaui in the;
rk.) •
(r! of Lord AUGUSTUS FITZRRY.
he Arethusa Frigate, Capt.-WoLLsy, is or-
fleed
thatto join the Channel Fieet, and to take as much.
ur) &c. as possible, for .she use of the ships on
station. .•
The following is an account of the curious expe-
lsment for lifting Ships in dock to put in a.new keel,
'4=ll was. tried for.the first time on the CanoPui.)
58+ guns, _in Pyrriouth-dock, last Friday, by Mr.
bbins, the Builder's First Assistant x—by means of
wedges driven against the blocks on each side. the
keel; and the use of the catapulta, or battering ram,
applied to theta;, the blocks are forced out ,much
easier and with less danger. Fewer shores are re:
quire to support the Ship,, which also strains less,
and hangs as it were in slings by this simple ope-
ration 4.0 men in 12 hours can. perform as much Work as used to take, on the old principle, 300
then three. days ; although, some Ships in the old
method of knocking out the blocks under the keel,
have settled from 8 to to inches, the Canopus only
se:tied one,quarter of an inch by this new method.
numerous concourse of Artists and others attend'_
ed to see the. experiment' tried on the -Canopus, 'and
Fete pe rfealy
plicity,
satisfied with its usefulness and sim-

'DUBLIN ; ,Asia: iii;

A seat is now efeetirFg- at Weriurgh's Chnreh for
the accommodation of Their :Excellenkies the Lail
and Cotintess HAROwicxi, as; at their instance,
the Cat•tie Chapel is about to be re-built in a stile
more suited to 'Vice-regal splendor, and on a scale
more accommodating to the Public. .
Wednesday General Sir WILLIAI4 MEDOWS,
now' COmmander in Chief of the Forces in this
-Kingdom, arrived at Waterford, accompanied by
;his Aides-de-Camp. We understand he on ThUrs-
day purposed proceedilig to Duncannon Fort, New
Geneva, and the adjacent line of Coast.
On Thursday morning last, the .Post boy con-
veying • the Mail from Drogheda to' Slane; was
'stopped by a single -footpad, armed with a knife
and ease of pistols, who robbed him of the Northern
bye-letters fot Slane, Trim, and. Navan, and the
Slane bag, of letters dispatched from
,the General
Post-Office On the iSth inst.

From ,Kilkenny we are informed,.that-a most use-
ful discovery Was been made at the Countess of O.
morro's Colliery, near. Castlecomber—that of a
clay of which fire-bricks have been made, superior to
any ever imported.. This clay will answer many
purposes, in earthen ware furnaces, &c. where
strong fires are necessary. ,;Samples have been laid
before-the Dublin Society, and highly approved of.
'•`Ors Thurs(lay. . a idreadful fire broke out in the
Warehciute. of-IVlessrs. Cahill and Andrews, grocers,
in.Chureh-street; near HammoncLlane. it burned
With great fury for a long time, notwithstanding,
the assistance of almost all the engines of this City,
but at length was happily got under. The Sheriffs,
Peace Officers, and a Military Guard attended.
The fire, it is said, was occasioned by a puncheon
of strong spirits being accidentally set on fire
through the carelessness of those who attended. the
. warehouse, -

A dreadful 'murder was committed a few nights
;since in the connty of Longford, upon :a poor, but
industrious farmer. The murderers have been
since. apprehended, in consequence .of information
given by the•deCeased. before his death, and by his
daughter, a girl of 'seven years of age, who -re-
ceived•several wounds of 'a pike froth the murder.
ers, in order to force a discovery 'of 'her father's
money,

The harvest in the, pTovince of Leinster, it is
computed, will end on Saturday seinnight.
Potatoes were sold on Wednesday at Green-street,
for two shilling-s and eight-pence the hundred
weight, for the best kind.

At Trim Assizes jam's- Owens stood inclined
for the wilful murder of John Thompson, on the-3d
day of June last. •
The 'death' of Jihn ,Thompson„ and the finding
-his body .covered with wounds in a ditch, near
Kells, being, proved,

-Mathew Callaghan, a pectlar, swore, that being
on. his Way towards Kells through the fields, on 'the
night of .the 3d of Jude, he heard the groans and
cries of a person dying ; Witness crept to-
wards a ditch, and peeping over, saw two men
Warmed, one of, whom was James Owens, the Pri-
-soner, standing over John Thompson,' who was
lying on the gr.o.md ; heard Thompson cry out,
." Oh, James Owens, sure you will shew me some
mercy ?"—To which Owens replied, " \ Yes, you
Scotch Scoundre:, this is the ,mercy I will shew you;"
and struck at Thompson several times with a bayo-
net; while the otlier man beat Thompson on thc,
head ; Witness became alarmed for his own:safety,
.and stole away.

This Witness underwent a long and stria cross.-
examination, in which, however; nothing new ap-
•peared. . ,
Michael Carolan -proved, that about Christmas
last, the Prisoner Owens endeavoured to persuade
him to assist in way-laying John Thompson, which
Witness refused to be concerned in.

The Prisoner made no defence, and was found
guilty. He was executed on Thursday mucning
iast.

It is to he regretted
,that so many persons have
promised their votes for the office of Town Clerk
,of the City of London, .vacant by the death of Mr.
Rix, as Mr. \VM. WOODrAI,L has been discouraged
from offering himself as a Candidate. A man more
deserving. the esteem of bisFellow-Citizens, in his
rank of life, can hardly be found ; and every friend
of talents-andp integrity must hope that, in a.futute
vacancy of somesCity Office worthy of his accept..
ance, he miy find a successful patronage, . and pass
the rem.dnder of his industrious life in ease and
.•
tranquillity. .

Mr. M'ARTHUR, in his ingenious Pamphlet, en-
litletii:_•Finaecia/ and Political .Fa#r, give); the fol_
loWing calculation respatupg Greenwich Hospital :
• ,The total revenue of Greenwich Hospital for the
Year 1787, was 59,0431. For the year 1797, the
total
~receipt amounted to. 85,8401. :The total ex.
penditure for she,sarne year way 85,8751. For the
year. 1800,. 'the, total revenue was 133,5811. and
the total expenditure 100,9361..: • Thus we see, that
in ten years the revenue has been- increased by
26,8321.; and in twenty-three years it has been
more than. doubled ; and the revenue of last year
exceeds the expenditure, by 4 2,64.51. which is more
than half the total amount of reveAue twenty-three
years ago:'

Last Sunday afternOon the house of the Rev. Mr.
John Evans, of Clerkenwell Close, was broke open,
and robbed of z6l. and upwards in cash and Bank_
.notes} a medal of the is Bishops in . the Tower,' a
curious silver. watch, in the form of a box, opening
'by a spring, and being pushed by a different spring,
it opens, and"shews Nebuchadnezzar-lying in state;
a number of ancient coins, together with a great.
quantity of plate, several rings, and, wearing appi_
rel belonging to the clerical funclion, besides what
belonged to the family, to 'a conSiderable amount.
.0n Sunday last, as a boat was crossing from
Limehouse Hole to Deptford, with a gentleman,
his wife 'and child; it' was unfortunately run down
by a.lighter, with such rapidity as to cause ,it to
bilge; and before assistance could be procured, they
were all droWned, except the Waterman, who kept
himself above water till a lloat arrived to his relief.

".Q.Y I:SS.rF~'a

CHELNISFORD, jaty z 4.

zr.FortE SIR. NASH CROSS, AND A SPECIAL JORY

HANSON; ESQ. Kl. CTI.LSON AND CARTER.

Mr. Serjeant SHEPHERD stated; that this was an
aaibn Of trespass' justified upon the pleadings
the .Defendants, upon, the supposition they were en-,
titled to certain rights, incontra-distinetion to those
asserted by the Plaintiff: It Was unforttinately a
dispute between Mr. Hanson, a Gentleman of large
fortune; and Lord of the Minor of Promley, and his,
Tenants ; he used the word,anfOrtanately, because
he considered it a circumstance extremely unfortunate'
to all parties, when a Gentle Man of character and
property. in. the County 'did not live upon
.terms Nof
amity and friendship.'vvith his• neighbour's and te-
nants. It wouldtbe easily believed that he had en-
.deavoured, by all possible means; to avoid the pre-
sent discusiion.;. for before this trespass was com-
mitted, he stated to the tenants and coryholders,
that as they, as well as himself, were asserting a
right they each imagined belonged to them, he was
content their respedive claims should be legally ad-
jtisted, with as little animosity, and personal inCon_.
venience as posSible.' He had told them he was an-
xious to preserve the 7.amegood understanding with
them; which it had ever been his wish to cultivate,
and than was ready to submit the question in dis-
pute to persons competent to decide it, and if they
'should award that he had inclosed more land than he
had a right to, he would abide by their determina-
tion, and throw it open again: Such a proposal, -
which was all, as a Gentleman, he was entitled to
make, ought to.have prevented the Defendants tak-
ing, the step they had done. However, they had
'thought proper to say no.; "we will have our rights
decided in a Court of Law. He did'not blame them
for so'resOlving, but surely, after such a proposition.
from the Piaintiff, they.might have contented them-
Selves with committing the trespass, as the ground
of an a6tion to try the right, by pulling a`stake from
the Plaintiff's hedge, instead of going Wantonly and
Maliciously, and gtubbing up and destroying his
fences, which he had, been at the expence of mak-
ing. They ivotild hive, then' done, no more-than as
fair and honourable men they were justified in doing ;
but on the contrary, the Defendants, who had at first
assented to the. Plaintiff's proposal, went to the
place- in question, accompanied by their-Solicitor,
who ought to have advised them better, and there
assisted in Committing the outrage for which this
apion was brought. 'The Copyholders assembled,
ffro.ceeded in a body, drew up round the ground the
Pl4inriffjhad inclosed, they pulled down one fence
after another,:till they had at length -destroyed the
whole ; and-to add to the indecency and impropriety
of-their conduft, they had banners and nags' flying
during the rime they were so engaged. This was
_inot the way' they ought to have proceeded. When
Men had rights to try, they ought to have them de.
teimined in a decent and legal manner. The tres_
pass applied to a number et tersons, but:. the qu'es,
tion would- be decided as to all of them by the' pre-
sent attion. - The Ddendant's insisted
,they had a
right, as Copyholders of -the. Manor, to imnit' the
trespass- complained of in a plaCe called Bromley,
Thicks, because there was a customary . right of.
common of pasture attached to it; but from the very
nature of the place, it was ,absolutely impossible
that a right of common ever could have been
exercised over it. It was described 'to him as
a place so thick with treef; and bushes, that the.
most 'ferocious. animal could not possibly penetrate
it, much less.,cattle graze, upon it. It was covered
with young trees and shrubi, which could not have,
had existence if beasts had ever been turned loose in
it. In addition to the right of comition, of pasture,
the.Copyholders also claimed the right of estovers
for the necessary repairs of their fences. It was
possible, that from time to time the Poor people
had been permitted.. to cut a few sticks or bUshes for
their use, but that:did not establish sny thing "like
a right to do so. As. a proof that there was no right
ofestovers, he should spew. that in a lease of one of
customarythe tenements of the Manor, granted
some time ago, there, was a covenant, that 'the te=
nant should cut bushes in Bromley -Thicket, for the.
purpose of making,hedges on his firm.:, Why-such
a covenant should have been thought necessary, .if
all the tenants had a right of 'estovers, was to him
perfeffly incomprehensible. He should' prove the
trespass : if it should afterwards appear that' the
Defendants. had a right, which couid'not be contra:
dieted, they -Would of course be entitled to a Verdiet
in their favour.' It was much to be lamented that'
a case of 'this kind could not, have been adjusted by
both partieS giving up something of their .rights'
-Whatever .might be the event of the cause, and
however injurious to the interests of the ,Plaintiff,
he. was, persuaded would- not stop the course of
that benevolent conduft for which he had been dis-
tinguished during his resilience in the County.
Mr. Round, the Steward of Brolnley, was present
when the trespaSs was committed. Gilison and
Carter were there, with a great many other per-.
sons, to the number of 20 or 3o; they went in a
body,' and pulled down tie bank which had been
recently-made to. inclose the thicket.• • -‘

The Rev. Matthew Thompson deposed as to the
Defendants and the other Copyholders proceeding.
with spades and shovels on their shoulders, and
handkerchiefs flying as.- banners, and pulling down
the bank. Op his cross-examination, he' said they
did, not go' round the inclosure, but only mades'a
breach large enough to adMit cattle -to pass over.
He did not go by appointment to see the breach.
made, but having received information that a num-
ber of persons had assembled to pull down Mr.
Hanson's fences, he thought himself bound,'as a
Magistrate, to attend, and particularly as the minds
of the people
,were a good deaf-agitated 'on'accoUnt
of.the high price of provisions. ‘.
Mr. ADAMt Counsel for the Defendants, ob-
served., that notwithstanding the tremendous-open-
ing of his Learned Friend, it appe,:red, from the
evidence of the Magistrate, that whatever *ere the
niunbers of the-Copyholders who hid atiendcd to
pull down the fence, they had cimdutled ibemcelves
In so peaceable a manner, 'that his illterErencc
been- altogether unnecessary'. , There was noth;ng
to consider in the case but a mere abstraa quesCon
a Right, to which he was persuaded the Div. wauld

p. 4 i,eir minds with cl 3 ittle_ll aY too,ttf.
the noel. editagers; as %Vial' respect I:5 tiu Ft.tpit-i:,,.;.?
Who .Wai•g,,equal rank with thenilseive?`:
necessary he shduld describe the place in tit;estii)i'il
by vi,iiich•itoould appear hoW a'consecien?.i4
it was that a right of common should have existed
over the Thicks. United to the Thicks; by x, vef
narrow isthmusi was a place called 'Hare •Ori4iiil
which was likewise a Waste. Upon theside of Hitte
Green was the tenement olGillson and the ten:ml:hi
of Carter ; all, thereforC, that was necessary
them to
,do, before this'inclosure was made, was td
turn their cattle up'on the green;. and they had in.:
greys and egress to and front the Thiel% He should
cart), back to a distant'period the right of the.iiccm; •
piers of those tenements, so to turn put their cattle''
and should' slim that !Hare. Greens as well as the
.Thicks; had been constantly used as pasture for
cattle. He shdul&•prOvei from the entries on the
Court' Rolls of the Manors, that the Copyholder4
had'always enjoyed a right of estovers in
.the place
called the Thicks.' The first entry Was in the year
1666 ; it was presented by the hOniage, that Tchri"
Wood had taken and carried away from the Thicks
a. quantity of bushes,- and because be was not a
tenant of the manor, he was.fined Ss. In t 1733, it.
.was presented. that, 'according to the custom of the
manor,- the Freehold, Tenants, had •no/right to cut
any bushes or furze on the Thicks, and they were
forbid, on pair of being amerced. The Learned
Counsel instanced a variety of entries to shew the
existence of a right of common, particularly entries
by which it'appeared the cattle pf persons, who'
had surcharged the common had been impounded.-r,.`
He contended • that if the case,
_as he had stated it;
was made out in existence, world be sufficient 'to
entitle the Defendants to a verdiaL •l-

James CoOke said, . .he ,had occupied Carter's
copyhold, tenement, from the year 1752, for six
years. During
.the time, he occupied it he turned
his cattle on the Green, and they went where' they.
pleaSed ;-he sometimes found them iti the middle
of the Thicks -; there was nothing, to prevent them
frOm going there ;- no hindrance whatever of any-
kind- ; they generally, went to the Thicks because
there was the'best-food fon'them ; not only his own
tattle were there, but those of other persons, to the
number sometimes of fifty- or. sixty. •
• Richard Nice said, he knew the thrm called Hub.
bard's, iii the possession of Gillsorr; he occupied it
nineteen-years ago ; he used to put. horses and cattle
on the Wastes and in the ThiCks whenever he
pleased ; they were never impounded for being
there, though Mr. jukes, the Steward of the :Aanor,
constantly saw. than.; there was 'a pond. in • the
Thicks,- at which the cattle used to water; he had
drove out two horse:-;, two cows; and ten sheep at
n time, and drove them on the'Thicks-and back..
James Baccn knew the place in 'question long
before the Old Stele was altered ;' remembered
a person of th.;4 name of Rushy living. where Carter
lived now ; his children used to drive his cattle
into ; be never heard of
.any COpy-
holder's cattle being impounded for being there ; the
tenants used always to go to the 'Chicks to cut furze.
and bust es,._ and what -wood they, wanted to
.mend
their fences. •

Mr. jukes said, he was seventy-four years of
age ; he had known -Bromley 45 years; and had
been Bailiff of the Manor io years ; he colleaed
the quit-rents of the Copyholders ; all the Copy-
holders used the Thicks, and turned their cattle on,
as they thought proper.; he knew no instance of
there having been any cattle impounded, except
they had strayed our of another parish ; it was with
his knoWledge fhe cattle were turned on the
Thicks, and he never thought of preventing it, nor
did they receive the least, interruption.
Mr. Jusiice GROSE.—" This is a verystrong
case the Defendants have made our; even as it stands
at present."

Mr.. GARROW said, lie had an answer to it, but
whether should give it to-day; depended .upon
the Plaintiff.

Mr.
7Justice GROS* repeated, that it was a very
strong case indeed; 'but, at the same time., not so
strong but it might be answered. tie had `no
jeaion 'to go farther into it, if the Plaintiff pleased.
Mr. ADAM said, he should not urge a word more
for the Defendants...

Mr. Gmtitc)w, after consulting
.with his Client,
olmervcd, that the Plaintiff' OM not think it neces-
sary
,the cause shOtilci go further at present—he
should answer the case the Defendants had made out
at some future opportunity. •
The Plaintiff was nonsuited, and;of caul*, will
be Obli,,ed to throw open his •Iriclosure.
b •

One has often heard of the punEtilio and gravity
of Spanish.manners ; but no instance is more strik-
ing of this formality than what is recorded in the
.'Memoirs,of:Boiomf>lEßßE respeding, the
,death
of PHILIP the THIRD. We shall_ give these ex-
traordinary particUlars in the words of the Mare
chal hirriself;—" His illness (the King's); began
the first Friday in Lent when_ as he wag reading
his dispatches, the
,day being exceeding -cold, a
strongtrazieror chaffing pan was introduced into
his apartment, the. reflex ion of: which ailed so
powetfully upon his face, that the sweat streamed
.down it. The, King's disposition was such, that.,
-lie never in his life found fault with any thing,
nor ordered it to be 'altered. The -Margo,s Ds
SO B.A. from whom I learned this, told me, that
seeing how intieh His Majesty was incommoded by
the brazier, he told the Duke of ALVA, Gentleman ,
of, the ChaMber, like himself, to have it taken
away, as His Majesty's cheek was violently in-
flamed by it. But 'as they are exceelingly
pundiiiows in their duty,. the- Duke of ALVA
observed that it belonged to the department of
the- Duke d'UxEIA, the Grand ChambAlain (or
first Butler of the person.). Upon this the Marquis
tie • Soamt sent to seek for- the Ditke d'Uxtow
*in his chamber, :who. was unfortunately omit of, the
way : so that before the arrival of th_. first-Butler,
the King was so much scorched, that the nov, day.
he fell into a violent fever, , which brought on' an •
erysipelas, which with some intermission,
n:,tcd in the scarlet fevcr„, of -which His :viajesty
!"

Oar Government, if. report, be true, with a
rarity worthy:of its character; intends remunerating
Or. JE,I4NER, as the first diwovtrer and introducot