The Sun.
London, England, 1803-07-28 00:00:00

sne4arbyr.---Mr. Macklin, at the trial of 1786, spoke
as follows :•-•-•" About fifty years ago 1 was in the
habit of visiting soy friend, Mr. Fleetwood, who was
the proprietor of One of' the Theatres, and !laid a
house in the neighbourhood of Mr. Strutt's
consequently I had an opportunity of knowing the
waters alluded to. At that time there was no such
thing as watering the meadows by kdivetsionof the
stream. My friend Fleetwood felt,the loss, as he
wished to geta reservoir into liiii*garden; but the
miller, Mr. Sirutt, would not consent to his draw-
ing off the water; I undertook to 'bring the miller
about, and. said to my friend, Yon must. invite
the miller to dinner; and .we'll- talk the matter
over.'--,My friend did so, and the miller was re.
galed Joust handiomely. -Having previously been
ilifortn4 that the miller was fond' of smoaking,
'when Ow-00th wad. removed, I. proposed thist
should adjourn to the smoaking-room-,, and taste
Mr. Fleetwood's excellent tap of Staffordshire ale ;
the miller agreed, and we adjourned accordingly.
For a tithe I ittzahed the miller, till at last the
miller imon'ird me, 'and flatly said, he would not
consent to have his water diverted. Determined
not to give up tic pursuit, the miller was invited
to a second dinner of hulk, which agreed with his
taste so well,: that' notwithstanding he was before
so repa riour of hit water, he was brought to ton'.
sent that my friend should divert a Mile of the
stream to water his garden, the miller observing
at the time that Mr. Fleet wood. must not fvrget
that he, .the miller, was the river god in those Wel.
ters, and could withhold it 'whenever he thought
proper."

The Plaintiff's right was fully ascertained in
other respeas, *arid' a verdi&takenfor one shilling
damages, the Defendant agreeing to stop.up certain
sluices at his own expence, and .pre*enting waste
in future.

ATKINSON v. KANT.
This was an adtion for shooting the Plaintiff''

Mr, GARRow stated, tharthe Plaintitfin this case
was a .e.'ntletuan residing in London, and.,qualified
for field sports. The dog which had been killed, was
a very valuable animal, and :worth ao guineas. It had
been sent to a farmer of the name of Acres,Jiving
near I)roxbourne, in this county ;. and one day, the .
16th of April last, the animal having gone out, with
,him to a place called White Stork Wood, while-the
man was loading his cats, :the Defendant, who was
Gamekeeper tosiVlr. Jacob Bosanquet, shot the ani-
mal while he wakpprtins abOut the fields. , In answer
to this case it was pleaded, first, the general issue ;
next, that Ml. 80-sanqUct was possessed of a right of
free mid:ire?' in the Matuar. of Broxbourne, and that
the Defendant, as his servant, shot the dog, who'was
'chasing the g.une. He denied that the dog was
'at all chasing the gime, it would quest e. hunt)
after a blackbird, and it Wag a most ill-natured ad.
He did not mean to blame Mr. Bosanque, who.de.
fended the action, but his sr:rvaist;' who had dune the
deed ; for he' was sure that Mr. B. only defended
it, because he thotight- his servant was entitled to
protedion until his ill condud was legally proved.
Acres, the farmer, said he had the dire of the
dog from Mt. Atkinson, and stated his being shot
'by Kent, in the manner Mr. Garrow had related.
Mr. Serjeant SH EPPARD, for the Defetidhnt, ob.
served, that by the pleadings it was *adinitted the
dog was chasing the game,' and therefore •the only
thing' IH,r them to do, was to prove the right of
free warren in Mr. Bosanquet..-
To prove this, they produced a charterof•HernY
VIII. by which the Manor of Broxbourne and right
of free warren was given to jr
—N.-- Child, ha v tog
been lately part :of the possessions of the Knights
Tcmplars. The. Manor afterwards went to :the
Lords Mounsey, and the right of free warren WAS
again confirmed by charter of Charles 11. From the
latter, Mr. Bosanquet derived his title by. purchase.
Mr. GARROW desired the Learned Serjeant, to
consider for a moment, whether he could ,support
his case, ,aod stated to him an objedion to Mr. 4,'s
title of fret Warren He did it, because he did not
wish to have a verilift against him, which
would be a bar to his title hereafter in touch more
important matter. The 'objeftion was this--4hat
Mr. 11,,Samittet *Could slew the deed's conveying.
.the
Mari or of Broxbourne 'to him, yet the tight of free
warren would not pass under the word twartota,ficy,
but must be'granteti:speCificallY and by. Mune, Whieb
he apprehended Was not done.,
Lord F.Li,ENtioftbUGil 'lvaS of the sortie opinion,
and said, although it should appear by the deeds
that the" Lords Mztunsey has granted the Manor,
yet as the free warren vas a royal franchise non'
liquet; they' had reserved that tothemselves. '
'After a little consideration,: it was agreed' that a
Juror should he withdrawn, the Defendant under-
taking to pay the costs, and five gtiineas for the-4n.

The expelled Writ of I. quiry to assess damages
in 4 cake of sedation, WM made up at the momeiit.
the parties "(ci.ho are farmers in'the country) Were;
goi►►g into Court ; the Defendant contenting to'
give the young girl he had betrayed a bundrod!
poumh to get her a husband more loving and less'
incontinent than himself. • •

'rim Assizes liuished this afternoon, and tte
Judges left the town.

•
Yesterday, July 27th, P. Cunry, to Mjss Elizabeth Kin=
loch, of Alticrinanhury. _

Dao4-

• Oft-9tuiday last, at Cheltenham, after a few days den the•Liadypot Majur7C;:caetal Sir Ec'clui Nixou, of the
La4t-Inclia Cofopany's service.
.;
rfictlic 14th instant, at TitWOod House, in Hama, lereS4:
Sneydi Esq. late of tilt: Secretary of State's Ottic• aget 11;.. •• • Lately, Mosely, new birmiliKiLtio, the.,Cady 01 ,vv„
Mosely, 17. sq, of ncau f)esart Palk, Warwickshire, T

P R IC E
VZSTILI

TOCKS,
_RDAs.
Dank Stock 139 4e> Inui.l Stock
IlAvy s per t cot. Ss} it India 'fonds is. fl dis.
pott ent. 179', ISt Se x. Wits
Irish s per Cent. Opmiunt si 9k
41 Cl gent. 1.401. 69* 811 ratieet• s pet Lcilt
3 ;',, C. IZ 53iiiii 2 Doto Ann,
3 Iter t", 11 Boilik rur July Acc:
Hmik L. A. t 6 is ji-t6 to, Aug. saiiM al
Ditto Short