The Sun.
London, England, 1834-03-11 00:00:00

MIDLAND CIR r.', ;Il' . - L.,A-cohs fil ' . IC
01, .
The Ciirrinlission v. ils open ,d here ei• Orkli -V
' 6--
the business of the Asszc proceeded t. ,t
TINDAL presiding on the Civil sip , ,00.0.41; i:".iii
Justice LITTLEDA LE on the critninm t .•r:A.
.e.:. :N`
causes for trial, three of which am, \ iii, 45".. ,-; ~....
seventeen prisoner ..... F......i „L
This was an actionBM AtOtrlfavls'elimuTpTirr6:isitn.ri;.;ii. ~,fr' '' : 1411
The plaintiff is a small farmer, and occationallti' horse
l)relker, residing in this county, and thedefendant.is the
late High Sheriff. Tl,n phintiff being indebted to a per-
,n of the name of Nicholls in a sum of between 401. and
50/., a fieri ftecias was issued against his goods. Prior,
lowever, to its execution, the landlord gave notice to the
ifficer that the plaintiff was also indebted to him for
lialf a year's rent. Execution was levied, and sometimeafter
the plaintiff, meeting the officer, asked himto tender an ac-
count of the proceeds; he madean excuse that the auctioneer
esided at some distance'. but ultimately agreed to meet
he plaintiff at Stratford, Accordingly, on the 22d of
December,. a meeting took place, wheel the officer stared
that the goads cold for 331.. out of vrhich he should de .uct
seven guineas for the sheriff's poundage, and the rest he
should hand over to the landlord. After making this
statement, he told the plaintiff that he had non 81,,n, with
aim, for he gliould take him into custody, and the plairriff
was forthwith consi'esed to Lincoln gaol, where he was
ietained from the 22d of December until the 10th of
January following. It was fart this improper ietention
that the present action was brought-,
Verdict for the plaintiff damages SOL

COURT OF EXCHEQUER, MARCH W.

(Sittings in Gray's Inn Hall before Lord LYNDHUR3I.‘;

JUDGMENT..--ISAWYERS V. FLETCHER.
Lord LYNDHURST stated that the plaintiff in this case
was Vicar of the parish of Runcorn, in the county of
Chester; the defendants were certain occupiers of land in
chat parish; and, secondly, the Dean and chapter of
Curist Church, Oxford, e impropriate rectory of the
parish ; and, thirdly, Sir Richard Brooke, lessee of the
rectory. The objects of the suit were the tithes of agist-
ment and the tithes of turnips end potatoes, and fen they
of wool, lambs, calves, aid milk. There was a great
mass of evidence, partly documentary, and partly con-
sisting of the depositions of witnesses who had been
examined, some in this case, and so:2le in the et:se
of Cunliffe v. Taylor. His learned p t,«lecessor had
pronounced upon the whole of this evidee;ce a very
able and elaborate judgment, in which he decided
against the vicar as to the tithes of agistment, turnips, and
potatoes, and the bill was dismissed in respeca of these.
The Learned Chief Baron directed also issues to inquire
as to alleged moduses with respect to tithes of wool, lambs,
calves, and milk. The trial of these issues came ors
at
the assizes for the county of Chester, and upon all of thant
verdicts were found against the vicar. An application
upon that occasion was made to the learned Judge, upon
the ground of there being no evidence to support the
affirmative of the issue that a modus was payable to the
Vicar in respect of milk, but the learned Judge decided
that there was no evidence to sustain such a modus. Then
an application was made to the Judge to put that question
to the Jury, and to endorse the finding on the posies. The
learned Judge thought he could not put any question to
the jury other than those they were assembled to try, and
refused the application very properly as he (Lord Lynd-
hurst) thought. A motion was then made in that Court
(the Court of Exchequer) for a new trial, and that the
parties might have all the benefit they would have had if
the endorsement had been actually made. He was then
of opinion that there was no ground fer a new trial, and
he entertained the same opinion still. His lordship then
proceeded to examine the evidence at considerable length.
The questions mooted by his lordship were mostly of a
technical nature, and not involving principles interesting
to the general reader. The conclusions to which he ar
rived were as follow :-Ist. That the motion for a new
trial was refused; 2dly, that the Court would not award
costs to either side in that suit ; and idly, mat die Vicar
should pay the costs of the issues sent to trial, with the
exception of the issue respecting the tithe of milk.

Lord Lowther, who is still on the continent,
writes to a friend in London that Florence,Verona, Milan,
Rome, and Naples, during the promenade every day, re-
semble Regent-street ; the crowds in each place are im-
mense, and the people are all English.
At the St. Albans Hunt Ball last week one
quadrille was danced, consisting of 16 couples, the ladies
sing attired a la Diane, and the gentlemen in the costume
of the Hunt.

A gentleman well known in the west of Eng-
land was frequently in the habit of staying out late at nigh
and returning after his father had retired to rest. Finding
that he was regularly questioned next morning as to the
hour when he came home, he in►ented a salvo for his
conscience by writing up the figure 10 on one side of the
door and the figure 11 on the other. This manoeuvre, he
conceived, furnished him with an undoubted right to
reply on all occasions, "twat he came in between 10
and 11."

The forthcoming historical novel by the
author of " The Castilian" is to be entitled " The Guer-
rilla." The period of the story is that of the invasion of
Spain by the French under Napoleon, and the work de-
scribes, from actual observation, the feelings and opinions
of the inhabitants of the Peninsula during that ev,-ntful
period, and especially relates to the formation of that ex-
traordinary body of men, the Guerrillas. The author is
himself a Spaniard, and witnessed many of the startling
occurrence+ which he has embodied in his story.
Naples continues to be crowded with English,
and house rent consequently is most exorbitant. The
Duke or Devonshire pays for his apartments in the Vittoria
Hotel 2401. per month, Lord Combermere 1001., Mr.
Hope 2301., Sir E. Poore 801., Sir R. Otway 1001.,
Lord de Tabley 100/., Lord Hertford 2301. per month ;
the latter nobleman is still in a weak stale of health, and
he app-are sadly emaciated, but his spirits are good. He
has purchased a superb palace for Lady Strachan for
14.0001., which his Lordship has caus-d to be furnished
in a splendid style. The King of Naples has crewed Lady
Strachan Marchioness of Salsa, the title being taken from
an estate which she has lately acquired. Many of the
English nobility, including the Marquis of Anelettea
and his suite, have removed to Castel-a-Mare, a delightful
own on the shore of the Mediterranean, about twenty
miles from Naples.
THE STANDARD NOVELS.—The next
number of this highly popular series of modern fictions
will consist of " Mothers and Daughters," that brilliant
'ale of existing society which won from the Westminster
Review the following remarkable eulogy :—" If Horace
were to reappear, he would write in prose; and such
novels as " Mothers and Daighters" would be no un-
worthy occupation for his trenchant pen." This collec-
tion now surpasses, by universal consent, all competitors
to public favour and popularity.
MANSLAUGHTER.—ALLEGED STARVA..
TION, AND CRUELTY TO A YOUNG GlRL.—Y,sterd9y
morning an inquest was held at the Sir Hans Sloane,
Exeter-street, Sloane-street, Chelsea, before Mr. Stirling,
the coroner, on the holy of Frances Sarah Ever, tt, aged
ten years. Mrs. Susanna Severn, schoolmistress, No. 15,
Orange-street, Lomand's Pond, Southwark, stated that
the deceased lived with her aunt, a Mrs. Wright, who
mangled for witness ; she resided within three doors of
her, in the same street; the deceased appeared to her to
be very ill used, and she was generally crying. About five
weeks ago she came to witness, entreating that she would
take her. The child could hardly stand, and upon In-
quiring the cause, she said that her aunt bad beaten her
sitso norseverelyeta
od. T
with thheer e vane gal.. ed re or Ihl e
contusion
otobtaute
isohoe coovuelrd
her neither
eye,
her nose was cut, and she was altogether in a most dreadful
state. From the appearance of her clothes, she could not
to
Saunders,
i vhee chr
eahn ego2e,3d
on herEßovxeoaetbpit
eh
inches
epnrcas.hosr
etlensr4l,efti'eonht
,sr
surgeon,
gawef
eme
hok
diameter.
February,
inW aemr dwi t
inteet Witness
something
keai
examined
hesediewnt her
gir
oni
her. Witt:wlearfiss.sveobsmero.vnetdhits waoguon:woinientheshbeackapppeaarrtedofvethrye
child's head, and another at the lower part of her spine.
billoeturhe deceased, and found seven abscesses on the
lbehTuohenhdaiglelydtsh,raoyowhich had caused death. The ill treatment ttthhheee
thatdeceasedees
th Mrs.
was
hehad evidently met with had greatly accelerated
d unable
Saundersab le
to
stand said
theat t
hdee deceased
mangle,
told
and
she
her that
she was so weakened by the ill treatment of her aunt.
l
down ; her aunt then used to beat her with the roller;
bread and water were usually allowed, her, and on Sun-
days she dined on a hard dumpling. Mrs. Wright
called upon witness before the child died. On the biu,set
on her body being shown Mrs. Wright, she said she was
very sorry, but it had been done in a passion, and could
not then be helped ; she added "she knew she I al done
.
wrong, but what would not passion do ?" The jury
ouassumedrnotneor
of the
at
whvenerrrddaei
nee:,
aostfeodll.l
Beer: against
iley
committedTS harea hwNoiVtnnr
egsthshetes,
c
were bound over to prosecute,
thean S'
Manslaughter
gi
dhwt