The Sun.
London, England, 1841-07-23 00:00:00

RE CHARLES SMITH UENNINGTON.

The insolvent, who had been proprietor of the Wheat-
sheaf Tavern, Ho] -well-street,- Strand, -applied to be
discharged under the Act, and was opposed ,y Mr.
Nicholls, on the part of Messrs. Tanqueray, the dis-
tillers. His liabilities were upwards of 1,2001. The
grounds of opposition were undue preference of other
creditors to the exclusion of Messrs. Tanqueray. It
appeared that the opposing crediter.4 had supplied
spirits to llennington, for a part of which they bad been
paid, and the insolvent failing in business (as is most ge-
nerally the case with insolvent publicans), the brewers
came in for the lion's share. After the sale of the pre-
mises a balance remained of 521., which was divided
among some of the creditors, of which dividend the
Messrs. Tanqueray received no notice.
The COURT adjudged that the insolvent should be im-
prisoned for a term of four months, under the 72d 1 and
2 Victoria, entitled the Discretionary Act.

RE SEPTIMUS STEVENS.

The insolvent in this case was described as having been
the master of the Union Workhouse at Croydon. Al-
though his name appeared in the original opposed list no
creditor appeared against him ; however in his examina-
tion by the Court he. admitted that he had been pre-
viously- certified as a bankrupt for upwards of 2,0001.—
Discharged.

ASSIZE INTEL-LIGENCE. •
HOME ClRCUlT.—Chelmsford, July 22.
CROWN COURT. •
(Before Lord Chief Justice TINDAL.) -
tio.let Ltititt Campbell, aged 54, a Major in the army,
iva,3 indicted for a rape on the person of Elizabeth
Sayers, under the following extraordinary circum-
stances
Mr. Ryland, with whom way Mr, Johnson, Con.
ducted the prosecution, which was instituted by direc,
tion of the Visiting Ij-wit:lots of the County gaol ; and
Mr, Dowling defended the prisoner.
Elizabeth Sayers, an intelligent girl) hetween'l3 and
14 years of age, stated that in the month of May lest her
father was confined in Chelnigtei'd giltii fife debt ; her
mother had titlid for some years, and she at pre-
sent feSitied with her grandmother. Witness was in
the daily habit of visiting • her father et the
prison after she left school. • Had known the prisoner
for some time, in consequence of his also being confined
for debt. On the 14th May; witness _Went to the gaol
as usual., shortly after twelve o'clock. She went into her
father's room, but not finding him there, looked out of
the window into the yard ; at that moment she saw the
!'prisoner go down stairs from his own room to the pump,
which was in the yard. Shortly after he came into her
father's room, and asked her to go-up stairs to his room
with him. She at first made no answer ; he again asked
her to go up, as he wanted her to do someting for him,
she having frequently gone on errands for him.
'She said she could not, as she wanted to see her father.
The prisoner then laid hold of her and forced her up
'stairs before him into his own room. He then asked
her if she would have some dinner, but she refused, and
again repeated her wish to see her father. The prisoner
then set her upon his knee, and said, " Never mind about
seeing your father now, you can see him presently."—
(Witness then described the assault committed upon her.)
She cried very much and tried to get away from the
prisoner, but did not call out very loud, as she was afraid
to do so. As soon as the prisoner left her he put a
penny into her hand, and desired her not to tell any per-
son what had happened. She then went to her father's
room and saw him, but did not mention what had oc-
curred. Did not like to say anything to him. She was
very unwell for some time after the assault. About a
fortnight after the day alluded to the witness was in her
father room, .wheg the prier eutmcl, awl asked her

to fetch him a pint of beer, but she ittrne,l, her back
upon him. He went out ot the room to fetch a
,Ing,
and her father asked her whether the prisoner had been
doinm apything to her ; she then told him what had
tiUtirkedi

Cross-examined—The long room, which is common to
all the prisoners, was very near the room occupied by
the prisoner, if she had screamed out it was possible
she might have been heard ; but she was afraietto• do
so. Never mentioned the circumstance to any person
till she told her father of it: Was quite sure she did
not consent to the prisoner's meddling with her ; tried
to get away from lint lie held Iter down:
William Sawyers, the father of the last witnes.4, stated
that he was a shoemaker, and was in May last confined
in gaol for debt. On Friday, the 28th May, his daugh-
ter came to see him, and whilst there the prisoner en-
tered' the room, find i asked her to fetch him a pint of;
beer. He (witness) SMV her dditriterlitilee change very,
much, and observed that she turned her back upon tile.
prisoner, which induced him to believe that something
wrong had occurred. As soon as the prisoner left the room,
he questioned the child, when, after some hesitation, she
admitted that :he prisoner lad been taking indecent
liberties
.with her ; but he (lid not at the time suppose •
it was to such a serious extent. The prisoner returned
to the room in about five minutes, and he (witness)'
called him an old villain, .and told him that if he
ever entered the room again, he would knock his.
head off. The prisoner said, " Well, well," and,
walked into the yard, and sat down .in • a
chair, which belonged to him (witness). He- told
him he should not sit in his chair, and took it away
from him.• The prisoner upon that said • to the,
other prisoners in the yard, " I can't- think what's the.
matter with that Sayers." Upon which he told them'
that the prisoners had been attempting to. commit a rape
upon' his datighter ; to which the prisoner .
" Why, that was more than a fortnight ago why
.did
you not tell me of it before ?" He then mentioned the'
subject to the Governor of the gaol, and an investigation'
subsequently took place, by direction of the Visiting,
Justices. • •

Mr. Jo'in Thomas Gibson, surgeon to the prison,
stated that he examined .the o;2cutrix, by direction of
the Magi arates, aiid tli2re were certain inlcations opt n
her perso 1, but not sufficient for him
.to say whatlicr
violence had been used. • .

Mr. DOWLING addressed the Jury on behalf of the
prisoner, and

The LEARNED JUDGE having summed up,
The Jury retired to consider their verdict, and after an
absence of nearly four hours, returned a verdict of guilty,
accompanied by a strong recommendation to mercy.
I.en-d•Chief Justice TINDAL ordered sentence of death
to be recorded against the prisoner, and intimated tba;
although he should recommend that his life should be
spared, it could be only with the understanding that he'
would be sent out of this country for thz, remainder or
his life.

CIVIL
,SIDE.
BLACK V. NEW COLLEGE, OXFORD.
The case on the part of the plaintiff did not conclude
until.an advanced period of the day-. •
Mr. Sergeant CHAXNELL then addressed the Jury on
behalf of the defendants, in a very long and able address;.
The Learned Sergeant observed .ir, the course of it that
the College was •only endeavouring to obtain by the,
present,suit what every individual in this country was
entitled to, those rights to which they considered they
had a legal claim ; and when, in an inquiry before one
of the Tythe Commissioners, those rights had been
already admitted, he thought that the observations that
had been made by his Learned Friend Sir William Fol-•
lett, upon the 'College authorities, might have been
well Sparid. The Learned Counsel then proceeded
to state that he should show ,by documents,
ninaji more ancient 'than those produced on the other
side, that a tythe in kind had been taken upon hay on
this propirty, and that at this remote period there was
no intention of modus, and if he satisfied the Jury'
upon thii he said lie should be entitled to their verdict.

At the•conclusion of the Learned Counsel's address
the Court adjourned, and this morning the case for the
defendants was proceeded with. ' •

A deed was produced, bearing date in the reign of
Edward the Third, by which the land in queStion, with
the tytlies upon hay; corn, &e., app:ared to have been
leased to one Sir Wm. Walter, and two gentlemen named
Binlck and. Catlin, versed in the character of writings ut
this description, were examined, and theylgave their ver-
sion of the contents of the document in question. It.
was,, however, worded in so :ambignoitS a manner, and
there were so many abbre'viated words, that it appeared
very diult:to ascertain the real terms of the'deed.

After •the evidence had proceeded -'sohie length, -the
Court said it might be a saving of the public time if .Mr.
Chennell would state whether he intended to call Wit-
nesses to contradict the 'statements'of the witnesses for
the plaintiff as to the modus, or composition of three-
pence an acre haying been paid for a great number. of
years. The eyidenen was most distinct and conclusive ;
and there could be no doubt that from the year 1762,
for a much greater number of years than was required
by the statute to establish -the right, the sum of three-
pence an acre had been paid. It might, perhaps, there-
fore, be a saving of time and inconvenience if it were
stated what line of defeneo was intended.'

Sergeant CAlNNiaA.,.said that inasmuch as
.the alleged
modus had not been Paid at the time, or within one
year of the. passing 'of the statute referred to, the right
.could not be made out by a proof of its payment for the
number of years specified, and he should, therefore,
contend that the claim. could not be made out under the
statute, but that the plaintiffs must go upon the alleged
presumptive right. He would at onca admit that •lic
could not produce any evidence to contradict the testi-
mony as to the payment of the modus for a grelt num-
ber of year,,, but upon the question of the presumptive
right he should propose to adduce a variety of docii-
mentary evidence in support of •the claim set up by the
college. - , .
. _

, -
case then proceeded, and a variety of documents
were produced, and among them wds a deed granted in
the Bth year of the reign of Richard the Second, by the
monks of St. Bernard, hi Savoy, by which they leased the
tithes of hay, corn, sheep, &C., to certain parties., on
payment of five marks yearly. At that period it seemed
that the property in question was in the hands of the
above convent, or at least such of its members. as were
resident in England. • •
• The proceedingscontinued during the whole of the
day; -and at-a late hour Sir W. Follett had not cola-
meneed his reply, and it was expected that it would be
again adjourned. .