The Sun.
London, England, 1809-11-18 00:00:00

'POLICE,

/

MARLBOROUGUH-STREET. Yesterday Jamis
(a !:nowt, let) was charged with' robbing the
'OP of Mr-Sutton, a te:t-dealer in Wardour-street,
t 010 evening of Thursday. It appeayett in evidence,
tat wl.ilst the sister of the Prosecutor was sitting
I the counting-house, adjoining the shop, she per-
.ived a man enter and lean over tree counter to-
yards the till.
_She itnmediatrly went into 11)1 -0)()
nd challenged the Prisoner with theft. The till
arnett out to hsbe been emptied of three one pour:d
otec, and some ca-11; part of which was found on
he. .Piiiontg,and.the other part he had coitcealed.—•
Ie was fully comttitted for-trial.

'LA REPOItT.

COURT OF CFIANCERY, Nov.

.TYTEIES.

R.YX.EY' V. EoWLEI: AND OTHERS.

The LORD CHAtitELLOR inttmated that he itad
applied toSaron Thompson to learn whether it was
the prataice of the Court of Exchequer to allow the
consolidation of tythe, and other causes relating to
the same matter, upon .a a,notion of course before
answers were put ith The impression upon his
own mind had been-that such •was the practice as
stated by Sir S. RQtniliy. But Baron Thompson had
replied, that he had no notion that the consolidation
of causes under such circumstances, could be per-.
nitted as matters of course, though this.might be
allowed upon special reason stated.
Mr. HART argued, that the pra(tice contended
for on the part of the* Delendants who objected to
the payment of their full tythes, • was conttary to
the reason of the thing ; tor it was -impossible to
know, before answers were pofin, whetl'er the de-
fence ould be-the same. • Some [night plead parish
modus's ; others farm modhs's, &c. and the thirty-
two Defendants might have twenty .different de-
fences.

BOW'..STRIIET.••--Last night Charles Rowlls, Esq.
f Kingston, Surrey, was brought before Mr. GRA.-
lAM, from the pit of Covent-Garden Tneatrel
harg, d with violently assaulting Nicholas Doneliy,
Journeynian- Ironmonger, of Lascelles-place, St.
;des's, Who staled, that he was standing- on the
bird or forth seat at the back, when a placard was
Mown trom the hoses, for which there was a ge-
teral scramble. He, howevt-T„ succeeded in getting
t, and tore it to pieces, whien the man before him
.!as pushed down, and as pushed upon hi
)n his gelling up, Mr. Rowlls gave him a violent
L'it'w on the hai d with hi stick ; this was confirmed
°Y Ina') who •,t a 4 in his company.
Rowlls, in the most sedemn manner, denied
e -,arge, but acknowledged he struoc the com-
P a rots alter he had first received a violent blow
tr"itt hi n with his stick. This was also confirmed
L •
a Gentleman standing. near him, who said the
comphainant put himself in an attitude for fighting.
Mr. GRAHAM, however, observed, that it was Os-
Bible ..for. Mr. Rowlls .to have given him the first
blow without any person seeing it ; he therefore or-
dered Mr. Rowlls‘to find-bail. Mr. R. sent for Mr.
Rollaway, the Solicitor, in ChaticerY-lane, and the
Nias.lerof the Hotel where he lives.

1 Sir S. RONTILLY referred. his Lordship to the case
of Fife v. Brock, in Peere'Williants's ,Reports, itt
liVour of the practice for which he contended: -
The LORD CHANCELLOR said he would look at
the case, and apply again to Baron ThOlnpSoll.
DALTON V. SIR J INN ES KERR.
Mr. HART, for the Plaintiff, .stated, that a Deed
of Separation had been executed between Sir .Mines
Innes Kerr, and his late wife, by which she had the
right of devising certain property by will; which she
did to the Plaintiff, who filed his• Bill in the Rolls
Court for an account. • The Defendant, after
,taking
ail the time which the Court would allow to Put hi
his filed a cross bill, alleging that the Deed
in question was contrary to the ,instructions go .en to
the person who dreWit, and offering, to'proVe .this.
The original cause was to' be heard on Monday ; but
Mr.. Bell had obtained, as a matter of course, an or-
der to enlarge publication to the last day of term,
that the depositions, taken 'udder the cross bill might
be read by Way of defence to the 'original. Mr,
HART contended, that as the Defendant had before
taken advantage of all.the delay in the original cause
to which he was entitled, be ought not to have had
more, without gpecial reason assigneci•3 and he there,
fore tnov'ed to discharge the 'order.
Ekir S. ItuMiLt.v and Mr. BELL observed, that
there had been no unnecessary delay on the part of
the Defendant, who had used • every diligence in,
bringing forward the' only defence he had, which
was by cross bill, add teat it would be bard it he
should De deprived of that defence.,_
Toe CHANCELLOR said, that the question was;
whether toe deh4 lave been allowed of
course. He had 'ortie doubt as to the practice in
that respect,e -and: would inquire .•into , it.. In the
mean hind, he tecomtne;.O.:. to 'Mr. Hart to take
the 'costs of the application, and a petetuptory un-
dertakitig to try on the first :.a,y of, the.SittiOgs after
Term, to whim Mi. Hart

,Wynne, Clerk to Sir James Branscomb,
tvas charged witil assaulting a man named Powell,
who said he was a shopmjte of Donelly,
ih the last ease. Powell produced a stick, with
which he said he had been struck. This stick
the prisoner most solemnly protested he had never
step before, and positively assert.td his innocence of
the cLar;e alleged against him. He was ordered to
.1144 ba I.
• ".41r, GRAHAM asked the witness Powell, by what
;1111?ris he had ~itained admission into the house, but
e declined givlng, auswer: He also reluSed to
Inlorm the .M.igistrate how many of his shoprnates
had lzwen in the l't eatre during the evening.
jet -ry Ay', au apprentice to a silversmith, in the
Peight- ouiliond ~f Finsbury squat e, was charged, by
Mr. tant,s Brand in with riotous rind disorderly con-
duct in the ~ecitind tier of boxes, and, by his ges-'
4.listurbance and tumults in the pit.
'car l was ihro.vn tro:n the pit to him, witch
lit e.ilin,ied tor some titne, and then tiolig it to-,
W.:l/%li tht. privy e boxes. He confessed thb prut-
FiPal part of ti,e 'charge, and was ordered to fittd
bail.

Geole Webb, Ass!stant §urgeon of the Eagle
mad w4r, 'Ong at Chath iftl, was also charged by
.41r. Brandon itt, hairtnt,' been particularly arise
/,tr the izasi in the pit, prnenoting not
‘ds c..ittusiOn ite
b.! his unruly condt, and by exhi-
'lg a placard. with the inscription " Death or
Viet IrIP " en the broad side of his cocked hat.
1'- th.nte was -enrinbnrated by a person named
'residing 14, Great Shire-lane.
Mr. GRAHAM (iiirded h;rn to find bail, which he
did imniedia.e.y, and w.is discharged.
Mr. Plaso‘v, hatt,r; res:ding at No 50, Leaden-
11,L-stieeti was charged by John White with as-
-3(-31 ,•r a mall named who has been
onspicuous in oppoling the 0. P.'s tor se-
4vera: nights oast in the pit. Stunh, hsowever, did
:torite fc; ,"ards and the complaint was dis-
tharged..
Mr. Plastow,, *IA had been ,strucic, and lost. his
Iht-, then wished to prefer a charge against his ac-
.e4Ser for an assault; in dragging him from the The:.
*tte without a cruse; but -Mr. Gestialt refused !o
Iptive it, and told : him he had his remedy by in-
'ittment.

COURT OF KING'S BLNCIi, Nov.
posl IioRSE DUTY.

MiJEANT.V. WHITE.
This was a qtii tam "adios by. which the Plaintiff
sought to recosee certain penalties of 101. each from.
the Derendant, a Post Master, ler not charging him-
self with tee ;uil duty on certain horses let out by
him for posting. One count in the information, to
whi..ll the others were similar, charged that the De=
fendant did let fora less period than 28 days, narnee
li, her one day, from Bishops gate-street to Rorriford,
two horses for posting, by which letting there be-
came due to the Colledtnrs for the Farmers of the
Post Horse Tax, 6s. ; whereas, in his weekly ticket
the Defendant set forth only the sum of 3s. od. as
due by him on this account, being, as the informa-
tion charged, less than the real duty. The Defen-
dant bad demurred ; and the question came to be if
the 3s. 6d. liras enough. ". .
Mr. RICHAEDsoN now argued the case for the
Detendante--13e.Cornparing.the
Mt
of the 44th and
48th of the _King with the Mt of the 255th Of
'The circumstances attending the case of-the man the King, on this subjeti, he contended, teat an
'who was examined on Thursitay eight;' at Bow- option being given, in the last-mentioned Act, of
Street, on a charge et stealing a horse,; wcre'as tot- '. charging by the;clay or by
,the Mile, namely, by the
low r- -On Monday morning last, between nine and *day, is. ed. for each horse, or ild. per mile, the
tee o'clock, he went to the Swan and Hoop livery ' Pdst Master was till iniitled to avail himself of that
etaieres in Meorgate, very genteelly dressed, and option
. . . .
. .
hired a horse, seeing he was going to Hampstead, Lord ELLENEOROUGH said; the censtr?' &ion put
and should return in a few hours; but there is-no upon the Mts by the Learned CoOnseje*as directly
doubt, from the time he arrived at Tattersall's,' at in the teeth of the words of those 'Ads, •lee'yonil
kJ}, e Park Corner, that he niust have rode it di-
.which the Court had nothing to do, it was int
*eEt y there, where, it appeared, he was iWrant .
:possible, tender these Mts, to conveit a:intle hiring
of th• custom of that place; 1-r he said he-wanted '
.into' a day hiring when the distance Nvas ascertain-
te put np the horse to bait. The groom told him ed, as it seemed to have b?en in the present case.
thee did net take in horses .tor that purpose; but re- . If there were elefedive provisiens in the At, the
commended the prisoner to Hall's livery stables, in Court could not supply theirs against the clear words
liaicen-street, Grosvenor-place, w here the prisoner . of the Statute.
rode the horse. He, however, told the groom he
Judgment was therefore entered for the Plaintiff.
"vvarired to sell tire'hoise, and if he could procure him By this ..t'd • t. t • determined,that' ' 1
i. emen . I isw sen-
a pUrcheier, he would give him half a guinea. Th e ' ever the disthice or number of Ludes is ascertained,
groom, knowing a person who wanted to purchase and kno..vni'at the tone of hiring the chaise,, the
such a horse, took him to the prisoner, at the ticket must be a trifle ticket, not a day ticket.' '
livery ,stables, in Halcon-street, when the prisoner . ~ .
asked fifteen guineas, but took' fourteen, and gave a
receipt by the name of. John Thompson, of Lhi-
colnsitire e. but while in 'town, at the Greyhound,
Smithfield. Ou Thursday afternoon, as the groom
belongieg to the Swan and Hoop livery stables, in
Moorgete, who let the prisoner' the horse, was
Pa,sing along the .Surrey side of Blackfriar's-bridge,
. he., observed the prisoner, and at the same time ob-
, SerVed Humphries, 'the -Messenger, belonging to
sow-street Office, and, knowing him, gave the
..• prisoner its charge.--The prisoner was committed
Lr further examinatton.—He is supposed to be of
a very respeEtable family and connection in Lin-
!nshire, and is supposed to have 'peen carrying on
these species 'of depredations for some time past ;
also il't hiring and sedirig chaises and gigs in London,
and its di&rent eafts of the eonntry, to a very con-
&iderable,extent.

PLACKET V. SDIITH.

At a trial in the Court of Common Pleas on Thurs-
day, some ditficnity occurred in ascertaining he date
of the writ and the testing of it whereon thepefend-
ant was arrested. Sir JAMES MANSFIELD then ex-

This case was reserved- in a, question between the
Plaintiff, a Merchant, using the West India,Docks,
and the Company, for the purpose of ascertaining
the right of. a person having a ship lying: in the
Dock for light vessels, to, send on board such. ves-
sels stores for their foreign outfit, withotit paying
reasonable charges in addi, ion to those specified in
the ont of Pat Lament, for the safe-keeping of the
vessel.
After a very ingenious argument by Mr—Hiatt''.
soN, for the Merchant's, and by Mr. Las:rs, for the
Company, the Court were of opinion, that the al-
lowance in the A extended only to the safe-
keeping of the vessels in the Docks, and had no re-
lation to any furnishings or stores for, an outward-
bound voyage.

Pressed a 'determination to 11,ive the date and testing
of every writ entered upon the record in future, to
Prevent a olmilur inconvenience.