The Sun.
London, England, 1805-02-26 00:00:00

LYI/61 MACNA:4AIk A.

This,was:an Adinn C,f Slander brought by.the
Plaintiff, an Officer in the. Life Guatds, C
rain Maenitmata; of the N.! vy, I..ir slAndeton rd ;
'tie captain Ita%ing publicly said; that he wAs
scoundrel, ands that he would shake his hots-c.w:sirt
over non wnenever be met .hlin. iew,s-crienre
of which; the Plaintiff' 'not having rests It in the
usual manner, umn These provocations, Hi Btother
Officers,had reftp,ied to mount au,rd with
he was so Much" negleded, that at last he i, Loud it
necessary to retire frt'tn ;tic military stath.n. Ile
laid his &images_ for this wool.
injury at 001.
A Witness being called who proved the wmie.

Lord ELLErIiOROUGH iut,erpo_ed, anti wished this
dispute could be at adjusted ; c 4elt,,g
what dangerous consequences these at titer* led, • i,e
earnestly wished the-Counsel on both htdes

.

OLD BAILEY.

cfmfer anti enaeavoui 'itnomgt tbernteliris to settle
what was tit to be done.
The enunsel baying Conferred according to the
sugt;estion of his Lordship, it was agreed to with.
draw a Juror, and proceed no further in the trial.

Vtl. DlVra

- _
jobs Edwards was indifted for stealing one pair
of cotton stockings, the property of Thu. Robson ;
hut the Prosecutor riot being able to say positively,
whether Le sold them in not,' the Prisoner was
Acquitted.
He was agpin. indiiled for stealing ten, cotton
shawli, the ptropertY of John Kyle, from whose evi.
Bence it appeared, that the Prisoner came into his
shop in January last, and entered into conversation
with hiM ; he having known him before, went out
of the Shop, lea sing'his brothel-, a boy, of thirteen
years of age, along with the Prisoner. Some time
after he returned, and was told by his brother that
the Prisoner had taken a parcel of .shawls from one
iif the shelves. He immediately. pursued him, and
having apprehended liim, found in the clown of his
hat the ten shawls laid in the indiamenr. The
Prisoner then acknowledged he bad, eaken-them, ;old
said he would not have tine 54 but he was iu the
greatest ditaress.
The Joy intinediately found him Guiliy.
lie wEttl4 very genteel looking young into, clot
more illsn t wow y :years of age.
:Mary S'ttdmiln was found Gudtiof stealing a pair
of sheets and other articles lett to her in reaay ,fur.
nished lodgings.
Ann and Aid', Cad,llo, mother and 'daughter,
wire ineliaeit for stealiog one shirt, the properly of
Nicholas Walker. Aim, the inotber, 0733 Ac7llit:ed;
and the slaughter, a girl of twelve years of age,
found ON dry.

shbririuDA.Y, INCA. 23.

TRIMMER AND o'tt•itias ANDUAW YOltsTlitt.
The Pleintiffs are' beiek.m:ikers in the parish of
Isleworth,-aied this aCtioti was brought against the
Coppery of the Grand lunation Canal, for obstrue.
ting them in the)tavigation of a certaineut consults.
hie/sting with that canal. • -
Messrs. EitsKINI and .Gossow said, that the
Plaintiff; rented a field of Ma. Scott, and eorne other
adjacent groUnd of Sir HenryHawley.",A small slip
intetvened between the field% end the canal, which
Sir. Henry Hawley, uedetathe-tad for the formation
of the Grand junditm Canal,had:Made cieerato he
Proprietors. This was ernplayed as a, towing-paths
anti is situated upon`Sicsn-hille Through,ehhis tree
the Plaintiffs had made a narrow intereeeion, and
over it hod. thrown a very commodious bride, The
queetion 'Was, whether. this cut, which established an
aquatic communication with the.Pliintiff's work*,
lathered with the rights of the Canal Company ?
The Learned Counsel said, that Sir Henoellawley,
who was seised of the groundan fee, under the com-
pulsion of the Statute,haparted with this slip of
land; and They admitted that Sir Henry did convey
to the Tiustree under the Ad, the towing•path, for
all are purposes of the canal, hut not the fee simple
Of the Soil. The. 'great adajed of the An was, to
extend beneficially to the counery that Vast system
of canal communication ; anktwt. this purpose, the
subjees of the teahri were citikielled to surrender
their individual rights for the public good, The de.
sign of Parliament was nut to injure, the proprietors
of the adjacent ground, who still retained the same
original right saprovided they did not obstruct the na.
vigil( ion which the Legialasure ieterposed to proud.
The clause inathe'beth page of the Statute watt
speed, enaaing, that any owner or owners of the
I,nd contiguous to the canal may build, constreel,
• or' use any wharf, weigh-beams, or warehntises ad.
joining such canal ; and any lord or ledy of the
manor may build, construe, and use such wharfs,
&c. and may hand goodeathereupon, or .upon the
banks lying between the same an&the said canal ;
a td may make and use proper and convenient places
tor boats and otheevesselsao turn; &e.
The Plaintiff's
,Counsel eatriained, that their cll.
etas had engaged, af vast expetice, these greunds,
for, the, purposes of theiiatrade ; that their success
entirely depended upon preserving this water com.
Metrication ; that they had all the rights in them
which Sir Henry Hawley possessed and that they
bad done nothing without the meaning and intent of
this clause , that the prnvision of the Ad would be
wholly nugatory and absurd if the owners of
cent ground could not make a cut,art.,,,s the tow ii,g.
path, and if they were obliged to haul the it vr!,,els
up the bank before they eoull enter the Grand
e ,
•
ure Leaaelsokoefoo......• Jae.) you say, nos
standing the alienation under the Mt, the towing.
path iµ vf,or own land ?"
Mr. ERk,lO I do contend for the soil; but
the Company has the right to the towing.path fin' ell
the purposes of their navigation,"
Lard Eteettataotooomee—" The, matter will re.
solve itself then into an inquiry oil the ennitinalon
or the deed, and the Mt of Parliament:"
LitsKINS.-40. True, my Lard ; ..with this
addition, that. the jury will find. the fee, Who.
slier the cut -end bridge at interfere with the te.,
viftation."
The Soetellott GENERAL, for the Defendant,
said, that if the Pleitniffs'eoulti make one cut 'by
law, they might mike a hundred, rind as many c sr-
reenondent bridgeS, and so might all the proprietors
of tandifni fifty miles; thus the whale Irne of tow-,
log path would be'nuthing but a system of bridges,
and the Jury would consider, whether this sucCes.
aion.of ascent and descent would'or would not be
en obstrudion to a navigation wholly dependent,
not Upon Winds and tides, but on the muscular
streneth of animals employed in the most laborioui
alai oppressive duty.
Several Witnesses were examined, who &poet& to
the facility with, which the horses passed the Widget
to its convenient width, and Cu the smallness of the
.ascent. Others wive teetimimy to the piles driven.
in,
,and rubbish thrown to Ostroff the channel of
communication Made by the Plaintiffs. In these.
seal a Special Verdie veal taken` in these words---
he ',ridge it no obstrnaion or trritairt to tho'navi.
z
otio4 or tormitnglath.
This importeet relestion, so hirgely affeeirix the
Proprietors of land .)ii .the banks of all the Canals
in the Kii gdorl), will next Term be submitted, in
shapes of a Case, 'to the cuesideretion a the Court
of King's Bench.
There were only two other Special Jury causes.
In that of Tita.a.s.roiste tr. Sir Wz.i. ASHBURN..
tY art, it. was agreed to take a vettlie for 25991.
subjett to an, egteeMent between the parties. 'fills
verdict to apply to two easesonal was intended
to terminate both. In WAttk ON v. Dix,. the view
required by the Jury had not been taken, in come.
queeee of which the, rrcuttl was Withdrawn. Mr.
EitsroNs gave notice of this circumstance, lest the
Defendant should apply dttring Term fur judgment,
as in case of a non.suit.
Of the Comtism) Jury causes there was none of
the least interest, excepting that of F.DwA'RD ED-1
WAItDS HOW. Vtar.o. The former is a,
can, and an ..lgent for Recruits' in St. (ecargaroa
fields ; the other is in the same empfeymen; at Ras.
chester. 'We mentioe the cootie only to skew, how',
extensively the Perochial Officers have been imposed
opost under the Bill of the Army of Reseive. It
appeared in the evidence, that the Plaintiff paid to
the Reotuiti thene,elves front twelve to fourteen
cornetts ; the Defendant LOok, them delivered at
.Kocheeter zsi. and the L'AtlblieS at about 4.51. per
Man ; so that, for ten Recruits, the men received
about 530 guineas, the Town Agent about 2501.
died the Parislice paid 4501. The Plaintiff o‘lt being
able to estaVish his case, alter an inefratiLli at.
tempt to supply the deficiency in hiti,testintony, was
non. sui -

LONDON: Viintcti by R
At the SUN Oen

All the Tickets in the present Littery being dis
posed of, th'eCOntradors consented to ai Bidding for
a new Lottery titking place before the other Was
finished,' aro yesterday the folloWing Parties waited
on the Minister, iiiuowrong-street, to etmtraa for
the .last' Lottery of the year, to be Drawn the 13th
of Maynext," The Biddings Were as: under.
Mess.ll4su and Co. - ,C. is 13 •
Toweeno anct Co. - to 4
• J. ti te.V w 314 Co. - • 15 7 1
(.;Roves - . - iS 4 6
ilsrtsLivi and Ch. ,3 9
COP,. " 15 3 4
On 'rhnistlay se'nnight Joseph Collins, a Jontney.
man Bootooker ,to a re.pettable tradesman in
Chrdrnsfoid; was committed to the House of Cor.
redion to lard labour. fur two months, under the
&ante of 17 Gen. 111. nn the complaint of his
Master, for having„absconded from his employment,
leaVihg a (policy of boots which he had under,-
taken to make unfinished for the space of eight
days and upwards, As this was the 'first offence
of this man, the Magistrates remitted one.third
part Of the confinement ; but at the, same rime de..
dared, 'that al this species of offence was become
of late years a very great evil .its tradesoten, and
an injury to the public at large, they wouid iyr 4'41
future occasion* of this sort I.,fliet the' full punish .
ment authorised by law. A second complaint was
exhibited by the same Master, under the' A4f.t,of
az Geo. IL ag‘lost intitber workman, for spniiing
work entrusted to his- care; but was disolisstd,
as not hav'ti g been preferred within a reason:
able time atter the oireoce WAS committed, ViZs•for
making boots in a Wei which has oeert calleei /*fast
work
The Show Fair at Redruth, on Tue4cia'y
produced a considerable nom!)er of cattle, The
umpires (Mr. K•rtddill. St'. Clementsi,: Bice;
of Mylor, and Mr. lit-karti. of IllOgan) adjudged
the premiums a, follows TO Charles 171,1wke, of.
Gwennap, for the best yoke of fat oxen, the best.
cow and al',
.and the best score of slieep; to Tho.
Miihi,;o'f, St. Earth; for thi bect pair of tvotking
oxen ; '01.011).15 Lakulierton, of Kea, the best bun ;
John Sobey, of Mytor, the best fat COW' • 12, Ma.
got., qf, Itydrutli, the best h; H orseenry S'rekler, of
blear, the, best, ram.; an.l John Harris, of Do
gar, the best pit. There Was a numirous and re.
spatahle assemblage of Fm areri and others, .who
were generally, of tyillion that the Institution wfitild
prove highly ativatitageous to the rieighboutho
On. Tuesday a trotting match, for a eonliderable
sum, was decided iniavour of a mare. that W4l to
trot from Winchester tilneasored miles in an hour
and three ralinntes. She arrived just, Lur minors
within the time. 'Afterwards a horse trotted against
time;
,to perform in ,eight minuses and a halt tw‘)
miles. It struck four times, otherwiet must,
vitablya have gained,: losing only by half minute•
An In was taken uu Tuesday test, on the burly
of's Soldier's Wife, belorigiug to the .Veteran Bat-
tab
on, under circumstances auspicious of murder ;
but it appeared that the anan and his "wife were gd.
'trig' to Cumberland Fort late on Sunday fiennight,
drunk.) when the woman fell into a slough At Mil-
ton, and, from her beastly anti inert condition,' died
6y .t,'/Irocatiott and the " 'of the queathrt's
which was the result of the Judicial Inquiry,
• Thorscivy last an Impaisitton 'was lak,rri at Yar--
Northampronsliire, before Robert AiscY,
'O6-it. Coroner, on view of the body of Richard
Meadowcraft, an infant, about two years and a
Other old, who being left Alone for a few minutes,
his clothes, which were of cotton,' cnight fire,
whereby the child was soireadfully burned, that he
tiled in about an hour afterwards. Verdift-- Ar••
&oda! Death.
A Female Patient. wh - been I'h
, ) remit by et
lrieods itoin the Lunatic Hospital Aber I •in
opposition to the opinion of the attending
clans, eluded the pi,;.iimcs of thoic
.'who had the
charge of her, .1;n1 alter wandering about tie Coun-
try. for some days, was found in so exhausted a state
that she onfortunattl_y died soon after.
On the 9th inst.. George Sty iddanaref
.Fattlault,
near Kim by oswer.titie, hotter took, for a small wager,
to tot!iet, in +5 minutes, too stones placed in.,* di.
red litre, at One yar,d distant from each other,
.wire
at a limet to a b.piket Folacei behind the firtlt stone,
wttieli he pert', wiled with apparent ease in 4a mit.,
runts and 3? being
.two minutes and a half
less than the bone allowed. The witok‘ added to.°
gethr:r makes five miles and three cg Wafters, and the
person• who pert.:,ruitil it rs bl'it feet high, and' weiglia
neat 4,stone.
. , .

tCtttixu flAitik is (of No. 4, NLirtlctt-court,ltow.mretti ; kfti Pubii,hrit by `sl. I IS Ajtmloßß SCR irr.o't (of Sitiuth 11101 t
ga No, 112, ,Yiraml; 4itvrrtiumeniti C,r the Ave?, Ltirryl for Litter, &c. Ipoff-pc;d.