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

SUMMER ASSIZES.

HERTFORD, JULY 25•

THU day the Commission for the County of
Hertford was opened before ,Lord Chief Justice
ELLEratalicoucft and. Mr. Justice HEATH. it was
near twelve • o'clock before the Judges went to
Church, consequently the business of the Assize did
not commence till' late in,.the•day.• Six.cauaes were
set down' fur' trial on the Pleas Paper, and on
the Crown side five Prisoners were only arraigned.
Ut' these, only one is worthy of detail it was the
case of a• labouring man at Cheshunt, named. C
Samiders, indided.for the wilful murder of Eliza
beth Saunders, his wife, by brutally beating and.
kicking her on various parts. of, the body, and giv.
ing her several mortal bruins, of which. she lan-
guished and, died. • It appeared this infatuated and
deluded-creature had for a long time entertained an
opinion that the deceased•was . attached to a
.work.
ing blacksmith in the neighbourhood where ha
lived, and his jeaiousy .was increased to such a de.
gree oftlesperation and madness, that he declared he
should , never be. satisfied till he had washed his
hands in the blood of the woman who had so shame--
fully betrayed him. A short time after this decla-
ration, on. the 9th of May, t Boz, he was returning,
• to his houSe, with a young girl, the daughter of his
wife by a former husband, when the deceased saw
him coining, and• thinking he had been using her
child ill, she struck him. across the shoulders and
face with a small stick.- This -was sidikienr'pro..!
vocation to induce. him to exercise hik ferocity,—
He struck - her several violent blows on the breast
and loins, and after knocking her down,' kicked her
in the most brutal way. She was conveyed.wmei
and after langUishing for seven weeks, expired. It
((tither appeared in evidence, that while she lay on
a sick bed, she sent for the Prisoner,•anditaid to
him,. " Charles, I shall die of the bruises you have
given me; but I forgiVe you, and hope God will
be as merciful to yod as 1 alt.!' The Prisoner re.
plied, that he would not have beat her so much, had
he not conceived she had been frail with the black.
smith. The Surgeon deposed; that on opening the
body of the deceased, he found-several bruises, and
particularly an injury seated on the left lobe of the
lungs, which he had no doubt was the immediate
Cause of her death.

Mr. Justice HEATH observed, there could be no
doubt that the deceased came by her death from the
.hands of the Prisoner, and the only question was,
whether he was guilty of murder or manslaughrer ?
To prove thefiat, the Law had Bald that male,
prepme must be proved, and that to constitute the
second, the mortal blow must have been given on
sudden provocation. The jury had heard the eV'.
Bence, and would say by their vertu lithe ciotldua
of the deceased had not made it 'impossible to fins
the Prisoner guilty of malice prepense, however
savage and brutal his subsequent. treatment .'of her
might he. • • •

The Jury found the Prisoner .guilty of Man.
slauxhter, and the Judge
.sentenced him to be im.
"prioni.ed Tor twelve months in the County Gaol'.
On the Pleas side a Cause, CAPPIik v. WELLS,
occasioned con iderable interest. It was an pion
brought by a Landlord against his Tenant at Will,
for not managing his farm in a husbandman-like
manner. The damage was.e,timated at upwards of
3001. .
The Jury gave a VCrdia 'for the Plaintiff—
Damages 2041.
The 9th Dragoont`have quitted this town during
the Assizes.

The Yeomanry Corps, commanded by Sir An It A.
HAM HUME' and MCWS. PR Ise ov and HANKPY,
exhibit a very military and formidable appearance.
On Sunday last, in consequence of the intention
of kits MAJIITY to call cnit his subjedis iti ease of
Invasion being,.made knownchiring Divine,Service,
no less than 3cto volunteers immediately put down
their names, and as Many,More are expcded on the
following Sabbath. •

JULY a 6.
THE RIGHT OF WATER.

'TRUTT w. DUVII4OTON:

The Plaintiffin.this aetion:k is miller near Rick-
mansworth ; the Defendant a-farmer in the same
neighbourhood. It appeared, that the- Plaintiff and
his ancestors had enjoyed the mills in question for
several centuries past, which were turned by a
stream 'sluing. from the rivers Game and Come ;
but with a view to accommidate the farmemadja.
cent, a custom had. grown into established use, of
diverting the waters which supplied the enill.streatn
on Satorday night till the Monday morning, fir tlie
puipose Of flooding their meadascland, The De-
fendant, however, was .not contented with this in.
diligence, and had let but the waters in so consider.
abte a way as to prevent at times the working of the
The Plaintiff's father had recovered of the
Defendant near twenty years ago for.a.similar in.
fringement of hicright, and the diversion, of the
Waters was put:an end to. The present Plaintiff,
after proving that the waters had been drawn off
from his, mills, proposed giving the written evidence
of M. Charles-Macklin, the late Comedian, (who
was examined on the first trial) to'establish the an-
cient right of water velted• in the occupiers of the
mills alluded 'to.

Mr. Serjeant Barr objected to the evidence, and
insisted, that it could not be legally given..
Lord Et.t.attananuott observed, slut the griev.
ante complained of was precisely the same ps on she
romp. trial, and therelore thought the evidence at
Mr. Macklin might be received in the, same way as
a person who might hue been examined upon in.
terrogateries.,

M. G4440W said, he would put an end to all
controversy, and examine a Gentleman then in
Court,, to what Mr. Macklin had said in the former
trial, he having been present at the time, and pay.
log particular attention to the' evidence.

Serjeant had no objettioo to hearing
high. Macklio's ghost.
Mr. John was then put to the Mari who
stated to his Lordship and the Jury, that ht had
heard Mr. Macklin give his evidence, and that it was.
visit whimsical, an import that, he could repeat