The Sun.
London, England, 1823-07-31 00:00:00

ASSIZE INTELLIGENCE.

CIVIL SIDE.:-GAUDNIL V. WELLARD.
This was an action brought by the plaintiff; who was Vicar
of East Dean, for an obstruction which had been made against his alleged right of. way by a certain path from the Vicarage--
house to the church:
The Jury found a verdict for the defendant, negativing th
ha
e'
Clergyman's right of passing and rePassing by the path
question.

DURHAM, MownAv, JULY 28.
At ten o'clock this morning Mr. Justice BAYLEY and Mr.
Justice Rotator)) commenced the business of the Assizes—
the former in the Criminal, and the latter in the Civil Court,
—After the Grand Jury were sworn, (Sir Henry Hardinge,.
G.C.8., Foreman), Mr. Justice BAYLEY- proceeded to charge
them upon the nature of their duties. He commenced by con-
gratulating the county upon the small number of criminal
offences which their present calendar contained, and then ob-
served upon the ndture of the law as applicable to the particular
cases which were to come under their observation, and the re-
cent alteration in the penal code,_ which mitigated the severity
of former statutes. The Learned Judge afterwards dwelt upon
the utility of giving employment to persons confined within the
gaols of the county ; he understood, he said, that these prisoners
were not generally employed, because the nature of the
prison
affbitled facilities only for one species oflabour. Ile knew that an
opinion prevailed, how far persons before trial were legally liable
to be put to work, and it was no part of his duty to state an opinion
upon the general law as applicable to such a question ; but lie
might be permitted to say, that it was extremely desirable, in a
moral sense, that no pains should be spared to cultivate the ern-
ployment of prisoners under all circumstances. Upon one point
there could beno doubt--that all who were willing to work before
trial,should have the m ean s supplied to them ofexercising their in -
dustry in a suitable manner. 11, ith respect to others who had not the
same industrious propensities, the magistracy might consider
whether the gaol subsistence, supplied to prisoners at the ex-.
pence of the county, might not be more or less rendered to
them, according to their willingness to be Idle or employed. It
was most desirable that those of the labouring classes of so-
siety, whose misfortune it was to be immured within the walls
of a prison, should not contract while there, either from their
own inactivity or through the bad example of the idle, those
habits of indolence and inactivity, which, should they return
to Society, would cast them forth upiin the community worse
members than when they were first committed. He strongly
recommended to the Grand Jury to provide all possible means
of affording employment, at all events, to such prisoners as
were willing to work before trial.—Up to 3 o'clock (post hour)
Mr. Justice Bayley had been occupied with petty cases of felony
devoid of public interest, The business of the other Court was
quiteteurnpiannteroefsthtinegda:
yMern.gagJuedsticine Htroylirongyil
trehasspbaessencaduusrienugndthere
greaa
local act.

The late Duke of ItoxnuucliE was one of
three surviving officers, who formed part of the
88th regiment, in the year 1759, when it was
raised in the Highlands of Scotland. He was.
then Captain limes. In the two following years
he served with them in several actions under
Prince Ferdinand of Brunswick.

DESTRUCTION OF THE WHITBY THEATRE Br
FlRE.—This building was entirely consumed by
fire on Friday morning. SCOTT'S Company had
performed on the evening of Thursday, and the
Theatre closed about eleven o'clock, soon after
which the performers quitted the house, and'
every thing was considered safe. Soon after one
o'clock it was discovered, however, that the
building was on fire, and such was the ascend-
ancy of the flames, that before four o'clock the
Theatre was entirely consumed,.the wails only
being left standing. The Company,
say, have lost the whole of their dresses, Ike,.
with about 801. in money. It is not known how
the accident originated. we regret to

EXECUTION g:;!, JOHN RADFORD, AT EXETER..
—The awful sentence of the law was this morn:
ing inflicted upon John Racybrd, alias Bright, for
the murder of Sarah Downe. From the time of
his condemnation, this wretched young man re.
signed himself to his fate with becoming resigna-
tion, and met his end with a degree of fortitude
seldom witnessed. He was only 24 years old,
well formed, and the bloom of health sat upon his
cheeks—even on the drop, no alteration was
visible in his countenance. He repeatedly bowed,
to the great concourse of persons who were
assembled, praying God to bless them, and re-
quested his parents might be informed he died:
happy--Alfred, of Monday.)—The same Paper,
in an accound of Radford's confession, which he
dictated on Friday, states, that Sarah Downe fell
into the river in consequence of a push which he
gave her in a fit of anger, and that he went down
into the water, and endeavoured to get her out,
but it being dark, he could not find her. It also
appears that he denied to the last having ever
had any, criminal connexion with her.

COAL-MARKET, JULY 30.
Ships at Market. Ships sold
15 Newcastle -13 f -
5 Sunderland - - 3 .

Plies.
37s 3.1 to 43s Rd
37s Od to 445 tit

IRTH S.
On Sunday, the 27th insßt., a Bognor, the. Lady of Charles
Ellis Heaton, Esq., of Mortimer.street, of a daughter.
At Castlecraig, on the 22d inst. the Hon. Lady Gibson Car.
michael, of a son.

MA RED.
On the 29th inst., at St. Annßl
's, I. rehouse H. T. Robinson,
Esq., to Harriet, third daughter of, r. Christopher 'autism,
Litnehouse,
On the 29th inst., at Enfoni church, Thomas E., Bates, son
of the late Isaac Bates, Esq., of Kennington, in Surrey, to Lucy,
daughter of Andrew 13aden, Esq., of .Enford, in the county of
Wilts.

DIED.
On the 30th inst, at Weilezt-place, Lambeth, Ann, wife of
James Tod, builder, aged 40.
On Thursday, the 28th inst., Mrs. Montgomery, of Brent-
ford, in the 81st year.
On Sunday, the 27th inst., At Bath, Charles henry Dubois,
Esq., aged 78.
At Greenock, on the 3d inst., John Gardner, at the advanced
age of one hundred and three years. lie was a native of Craw-
fordsdyke, and was born in the year 1720. Early in life, he
was a merchant seaman ' - but was impressed into Ins Majesty's
navy and served on board the Eolua, of thirty-two guns, and
220 men, commanded by Captain (afterwards Admiral) John
Elliott, when that gallant officer fought and captured the French
oshfii*PthLee Isillelaorfes:l:l.l3elleisle, of forty-four guns, and 276-men,under the command of M. Thurot, on the 28th of March 1760,

Urinted and Published for the Pnorantfrois, at the Sutf-
OFFICE, 112, Strand, by J. B. CARSTAIRS.

LEWES, JULY 29.—CHowx SIDE.
John Jima stood capitally indicted for committing a rape
upon Sarah Hampton, a young girl 13 years of age.
The unfortunate girl was the daughter ofa small farmer, who
was in the employ of the Earl of Chichester.
The prisoner was employed to milk cows, in company with
the girl, and on one of these occasions, viz. the 27th of May
last, between six and seven o'clock in the evening, theprisoner
succeeded in effecting his base intentions. From the simplicity
and backwardness of the girl in deposing to the fact, to an ex-
tent sufficient to authorize the Jury in finding a verdict, the
effect of which would have been to take away the life of the
prisoner, the Learned Baron directed the Jury to find a verdict
of acguittal.
HIS LORDSHIP reprimanded the prisoner in very strong
terms before he left the bar.