The Sun.
London, England, 1809-08-04 00:00:00

'KENT ASSIZES.

MAIDS:T/11p, AUGUST 2.--The LORD CHIEF
BARON tinishei on the Crown Side early this rribrn-
:ng. The number of prisoners was utiprecedentedly
feNtv for this county, and there was no particular
rase of interest.

CIVIL SIDE.

CHALK V. WYATT.

. .
This was an atition of trespass against the Defend-
ant, who justified, as Lord of the Matior of
sier,. in the Isle of Sheppey, and claimed the place
in question as the waste O 1 the Manor, being part
of the sea beach.

Mr. Serjeant Bgs-r; for the Plaintiff, stated, that
the Defendant was in the habit of carrying away the
sea beach, in such a degree, as to let in the sea upon
the adjoining land of the Plaintiff. He said there
was a natural mound of shingle above high. water
mark; which was a protection against the encroach-
ments of the and this the Defendant was con-
tinually carrying away ; and if he could justify the
doing of it, the whole land of the Plaintiff would'.
ultimately be washed into the sea. He admitted'
the Defendant was Lord of the Manor, and as such-
Lord, he was ready to allow him the full royalty of
the sea-shore ; but-in-law that was only to wherean
ordinary high water-mark was ; whereas he should
prove that the Defendant had, continually taken
bore that mark.

Two Witnesses were called, who proved the tak-
en of the gravel, and that the sea had made en-
croachment so much of late years, that what was
formerly pasture, - was now covered by .the sea and
shingle; but it was by the operation of the sea, and
not in consequence of removing the gravel.
Mr. Serjeant SHEPHERD, for the Defendant, said,
that he should shew, from time as long back as living
witnesses could carry it, that the Lords of the Manor
bad always taken the stones off the beach wherever
they found them, without any distinaion as to the
high watermark; that all other persons who had taken
them paid the Lord's Bailiff an acknowledgment,
whether they were taken for ballast or for repairing
the highways. The question, be observed, was an
extremely important one to the Defendant, who was
the patentee of Parker's building cement, the stones
for the making, of which were gathered from this
spot; and it was not. until these stones became an
objeet
.of value, that the present Plaintiff ever
• thought of disturbing the right of the Lord, or set-
ting up any claim of his own. This beach also
produced copperas and sulphur stones, and they
were, for a long series of years, supposed the only
stones of value on the beach; and as to them, he
should produce a series of old leases, froM the time
of Charles the Second, by which the Lords leased
to several persons those stones, found on all parts of
the beach. ' When he had pro%ed this undistulhed
posSession on the' part of the Lord, he thought it
would entitle him to the verdia of the Jury.

Stephen Roos, who bad been Bailiff of the Ma-
nor for 57 years, proyed that the Lords had taken
shingle and stones from all parts of the beach, dur-
ing the whole of his time.-
Several other Witnesses were examined to the
• same faets.-
Lord ELLENBOROUGH. observed, that it was prov-
ed the beach had gone over and encroached on the
pasture of the Plaintiff. Now if the Lord bad a
right to the stones, it would not give him a .right to
the soil and freehold, which was the issue or the
record, by which the Lord claimed the place as part
of his freehold and estate. The Defendant's right
on the shore .was that which lay between high and
low water-mark, and was alternately wet and dry.
Verdidt for the Plaintiff—Damages is.

THE KING; V. MARTINS.

This was an indi&ment against the Defendant,'
who was Overseer of the parish. of Wrotham, in this
county, for falsely charging the parish with sums of
money in his accounts, with intent to cheat and de-
fraud them. _ .

Mr: GARHOW stated the faets of the case, which
were, that the Defendant bad, for three successive
years, been overseer of. the parish of Wrotharn, and,
in the month of May, 1807, having rendered his
accounts, he state the balance in his hands to be
but 261. odd. Upon reference to the accounts, it
appeared, that he had received several sums of
money, -which were not inserted in his accounts,'
particularly a sum of 201. which he had received of
one Morgan, a gentleman's servant, as a composi-
tion for a bastard child. When questioned about
this sum, he denied that Morgan had paid it, and
after wards put it off as a joke. . Morgan was called,
who proved that the Defendant came to liim in
London, and told him he had.a warrant against him:
-Morgan, to prevent his apprehension, paid him the
sum of .201. as a composition for the child:
Mr. Serjeanf BEST took several objediont to the
indidment, which were over-ruled, and the De-
fendant was found Guilty ; but as he had refunded
all the money, the Parish, by their counsel, stated,
they did not mean to pray judgment against him

The Company of Merchant Tailors gave a superb
Dinner yesterday, at their magnificent Hall in the
City.

WAttwicx. AssizEs:—A case of robbery, attend-
ed with extr.me cruelty, was tried at these Assizes
on Monday last. Wm. Beet, and Will. Smith, a
gamekeeper, were indicted for stopping James Caw-
ton on the King's highway, and, robbing him of a
note and cash. The Prosecutor was a servant of the
lion. T. Bowles, of Caldecot Hall be had spent
the evening at Nimeaton on the loth of June, end
on his' return home, between eleen and twelve
-O'clock, he wits stopped in a corn=field by the two
,Prisoners, armed with bludgeons, who beat him so
• unmercifully that he nearly lost one of his ears, and
was left for dead After lying, several hours on the
spot where the robbery was committed, the Prose-
cutor contrived to crawl ;amongst the corn for more
easy repose, where be was at length discovered in a
dreadful state. John Foy and Craig, of Marlbo-
rd:.,;h-sticet Police-Office, took the Prisoners into
ars' WY, having been sent for from tOndon for that
purPse, and found the greater part .of the 'stolen
prc;poy in Smith's ap.artnients.—Verdia, Guilty—
Dcath.—The Prisoners were left for execution.