The Sun.
London, England, 1805-02-08 00:00:00

CTINMBERN C AAILTIPLD.

Mr. ERSKINE said, this [maim-Ifni' a new trial,was
en't% o its, one of which was excessive dantige:,„
The proof was to be supplied from certain letters in
thevohisi.sidon of the adulterer. 'rite inspetiiint of
these letters had, been applied for by the Plaintiff,
ant; in had been reln-ed (not very decently) by, the
Attorneiy for the I..),leulant„ The Learned Coon.
sel snught the interpo%iti-tn of the Court., to direa
that true copies of these let terismight be given.--
The only reason the • Defendant was possessed of
thette was, on account of the confidence he hid, so
grossly and nefarinUsly abused. In, all commercial
eau* it was a Manir of course to grant this per.

mission.
Lord Et.t.intrßolOV,CA.l*-84 I MUM have them at
the time ,f tuloig the Report. They will be lead
it the trial, anti yeti will then have full opportunity
of ohoercing on their contents: I will take care
you shall see them at that time. but I am afraid of
making a Rule upon the subjea."

COMMON PLEAS.

WtDNUIDAY, FEB. 6.

PALMSR it). slit V711.41AM 81.00tAVIVLD,
-This was an Mion of Treb.pass brought by the
Plaintiff, a Miller in the County of Norfolk, against
the Defendant, a Gentleman, of considerable pro.
perty in the neighbourhood, for pulling down
the bank from the Plaintiff', , warer.course, and
thereby preventing him front having a sufficient
supply of water to turn, his mill. The cause was
tried 'at last Norfolk ASSiZe6, before, Sir jmais
MANSFIELD and a Special Jury. The testimony
of the Witnesses on the part of the Plaintiff went
to prove, that the only ..mark by which it las
known the water had not 86" ,too high in the
Course, runs a thick plank plaCed in the side of the
bank, svhich formed, a regular tumbling-bar, over
which the water fell when it ruse beyond that
bright.
On the part of the Defendant it was clearly petite.
ed, by several old men, that this mark set up by the
Plaintiff was not the regular tvater.mark ; but that
a piece of iron, which was in a beam in the Middle
of the course, was always what the People' of the
country went by, for the purpose of pr venting the
water frOin rising so high as to' injure the mea.
dows.
,On this evidence the jury, after an hour's con.
sideiation, gave a verdict for the Dilendant.
Sotjcant SELLott moved, that ibis verdia should
he se, aside, and a new trial grotted. He grounded
his M'olion principally on,bis being surpri,eil by the
water-mark set up by. the Defendant, his Client ne.
vet having heard of it bet' re ; and also on rite xis.'
cover), of a new watermark At the sitie of the mill,
which was since sound out by accident, in rem-,v.
ing come of the wood,w.ork, it was a leaden
snack, and the word bead was written under it in
It twin chata.*ts, with the date 'of 111 t.
-Sok ant Lilo., on the put of the Plaintiff, op
posed (I.e verdict heisz set ,iside; and •41id, that it,
was by nri, means probable the Pi inttff .be
t,,kt n by surprise, in roped to thil w.at,er.in itk„.as
in was 'the only One universally' known all over the
ciatt“try.,. He then hinted at the probability of this
new ware' tna;k, disc .vered sii;ce the trial, being of
a much later date than t!tat affixed to it ; and con.
clud'ed by saying, th,it he was well convinced' the
Court would not .set wade the
,v,editl, Which was
obtained by ,he strongest evidence that could pos.
sibly he
The Court was of opinion that the new srial
could not he granted ; but at the simie tune inti.
mated, that the Piaiattiff WAS ,not balre4 from bring.
jog 3414.AtiCC Aktion for the continuance.