The Sun.
London, England, 1810-08-29 00:00:00

THE KING V. THE INHABITANTS or KENT,

This Was an inclii,iinent against ihe inhabitants of
Kent, for not repairing a bridge which had bluwa
up, by a swell of the river,.tl►e winter before las!.

The inhabitants pleaded that they were not liable,
but that it ought to be repaired by the Medway Com-
pany.

The following fans were admitted between tho
patties :.—That by an Act of Parliament a:Company
was created for improvingg the oavigati,,n of the Med-
way, !lid that that Cooopany had deepened he river
tt tr!e place where the bridge stood, whlch w s !Ns-
fore th,A time a ford, used by ail' the subjects.
The fora being thus destroyed by the Company, in
order to pievent an obstruction of passage, they built
the bridge in question, and' had repaired it until it
was destroyed by the flood.

Mr. Serjeant SfIEPIIERL. contended,- that by law
the county was otrliged to repair any road ~r bridge
used by the public, although made by a private per-
son ; and M. Serjeant BEST argued, that in this case
the Medway Company alo:le were liable.

. . _
His Lord,hii) helJ that the county was liable, and
direEted a verclidt of Guilty.

Adam Gordon,• a private in the Ist Life Guards,
vent, between tour and five o'clock'in the af er-
noon, to his wife's lodgings, No. 40, Castle-lane,
Westminiter. On his entering the room, he feu.sil:
her employed, with-a knife in her hand, cutting
peppermint sugar-sticks, which she was in the habit
of making to sell to the:shops. On seeing hinn, she
flew in a passion, and asked him why he had not
been 'to see her for some days past, and accused him
of going to other women : he denied it, and said,
he had been pr:vented, in consequence of bjng
ordered to drill. Some further altercation took
place, and a scuffle ensued, during which he rc- •
ceived a wound in his left side from the knife in her
hand. He.went immediately to the Infirmary, in
York•rreet, and had the wound dreqed. Inform •
(ion of the event having been sent to do, regiment,
a non-commissioned (Miter was dispatched to him,
who brought him in a -coach to the barracks, and
he was put into the. Hospital. His wife and an in=
fain child came with him, who were nut in a sepa- -
rate room by themselves. On the following morn-
ing a Constable was sent for, in order to take the
wifte into custody. A deposiion, in writing, was
then taken by Adjutant Hubert, of the reorient,
in the presence of Mr. Hann, constable of Sr.
Margaret's iparish, and some non-commissional
.Officers and privates of the regiment. In his depo-
sition lie fully acquitted hii wife of any- wilful in-
tention of stahbing him. The Adjutant was most
minute in writing down every parikular. The un-
fortunate man lingered till Sunda'y morning, when
he died. On the folkwing day, an Inquest. was •
held, by Mr. GELL, at the King's Head, when the .
Jury, after going to the Regiiiiistnal ,Hospital, and
Viewing the body; the Coroner proceeded to cxa- •
mine the different witnesses:

Alice Rowbotham„ a girl about eleven years of
age, whose I,arents lodged in the same house, and
who happened to be in the room when .the' de-
ceased received his wound, gate a most si.liple
clear evidence, that the wife had the knife in her
hand, employed in- cutting peppermint sticks, and
that in the scnflia- which ensiled between them, i 9
consecpience 01 quarrelling, the deceased received
the.wound which proved so 'fatal. The Adjutkitir,
as well as the other parties, were sworn, as to the
deposition taken in wining, wken the whole vi; the
evidence was so corroborative and strong, that nut
la shadow of doubt was left in the mind; of the
Jury, who instantly returned a verdict of Accidental.
E,eath.

A man in Cornwall is said to have declared lately,
on his de;dh bed, that it was he who murdered Sit
John St: Aulayn's tervam,-about 28 years ago.

Alter statifig the evidence; and :observing that the
no;41 iii questtoh was cleJtly a forged °Re, the Judge
said there were two points for the Jury to decide
:—lst, Whether the note had been traced to

Alexander Allen Prynn, a draper, of St. colurnb,
sat up all night with the deceased, who vas4etisible
of his danger, and so expressed himself several
About even it) the morning of the day on, which he
died, the witness • havi:ig inquired of the deceased
how the mischief happened, he said that -some b
had been playing in the market-place ; 'that Kent
had beat him with.a..bladder. in the face, and. then
spit in his hand, rubbed.itin the:dirt, and put it
about his, Heuwood's face ;. that -he:then
the prisoner by the nose, who took.Up a. butcher's
knife which lay on the bench,.anq attempted to cut
his hand ; that he then took away his hand quickly,.
to avoid the blow ; 'upon which the prisoner, stabbed
him in the belly. Mr.lPaynter,
~the attorney, was
present when the deceased gave this account,
_On
his cross examination, ;she '.witness said, that the
deceased did not say that the back of the knife had
touched his hand,
Mr. Punter was then examined, who said, that

LONDON: Printed by RICHARD HARRIS, of No. 4, Martlett-court, Bow-carnet; and Pc
At the SuN.OPTICt, No, 112, Strand, where Advertisements, Orders

had attended the deceased by the desire.Of a Ma-
.gistrate, to ascertain' whether he was capable of un-
dergoing ad'aimi-nation,- ariArthat he heard the
greater part of, what the last witoess had related;
that the deceased was in a-great deal of Paintrid his
sentences. interrupted ; that' witness did not heAr.
him declare his apprehension of death ; that, la an-
swer to an inquiry of the. last witness, the deceased
said, it happened in' the'market-place ; that " the
Cooper's boy," meaning the prisoner, whose fa, her
was a cooper, came up to him With a bladder, and
struck him with it over the head, immediately after
which the prisoner took some fin hin his hand, spat
on it, and rubbed it oyer his face ; that he, the de-
ceased, then seized the prisoner by the nose,--and
. pinched
.him severely ; upon which .the prisoner,
being exasperated, caught up a knife from the stand-
ing, and the deceased holding-up his arm to parry
the blow, the pris.ner made a cut at his hand ; tt,at
the deceaSed caught away" his artn,.and as he did
so, the prisoner made a stroke at him with the knife,
and stuck -it into his side. •

OA his cross-examination, Mr. Paynter said, that
Lhe deceased probably did not use the term "_exas-
peiated,7 but that he described the prisoner -As being

angry.

Vary Keast attended the deceased as his nurse ;
she stated that‘a few minutes after nine, his mo-.
ther being in the room, the deceased said,—" Mo-
ther,• mother, :how I am suffering ;" and
,pre,
sentry • afterwards, Mother, Mother, I shall -eolith.=
here but a very little time with you—Kent is my
death."
The prisoner, iii. his defence, said, that the de-
ceased had taken him by the nose and'ear first, and
thrown . him down• on fhe standing;- than he theti
took up the knife and drew the -back of it
under the hand of the deceased; .that the. de-
ceased (hen fell on him, and Shortly afterwards said,
" I am ruined."

,Dr. Peters, a physician at St. Columb, stated, that
he saw the deceased to bed about seven in the. ev.en-
ing of the 14th July last, and ,a4ted him in what
position he was wheti he received the wound ? the
wilneSs then beating over him to tool: at the wound.
The deceased said; in. answer; !‘.. I was standing in
the• position' in which • Dr. Poets pow is.'! He
did not describe the posture in which the prisoner
was.

• The Judge, in summing up the evidence, observed,'
that t he'ch arge'ot murder was properly abandhned
the Counsel for the Crown ; that in the'present
case, there was no premeditated tn.iliCe; that
there Were two questions tor the tonsidthatton of the
Jury Zit, Whether the wound was the cause of
the death of the deceased ? That of this fa& there,
could be'no doubt. The wound was clearly proVed
to have been mortal, and the boy died the next day.
• 2.4i\Viis the wound given by. the prisioner in auger,'
or was it accidental ? That Dr. Peters's evidence was
favourable to' the last -supposition; but it was op',
• posed by the testimony of the other vtitnesses.wflicl;
letide'd to shew, that there had been a;struggle be-
tween the parties, in which the prisoner was'i he pa--
gressor, and afterwards a combat, in which the pri-
soner, in a sudden impulse of.pasion, inflicted th:!
-.mortal blow. The Jury, after someconsideration,
found that the wound was accidental, and acquitted
the prisoner. The. Judge then, in a very serious ad-
dress to the prisoner, told him he had had a very •
narrow escape; that he had- been. tried by a very
merciful Jury; and that if he had been convided, lee
'would have been punished with the utmost severity
of the law; andearnestly exhorted hiM to take warn-
ing from what had passed, and not suffer himself to
be hurried away by'passion. . •

NISI PRIUS.

COMMINS BARBER.

BREACH OF. PROMISE OF`MARRIAGE.

Miss Commins is a very beautifufand respeetable
young lady, and a relative of Mr. Commins of the
Hotel in Falmouth, in whose family she resided.—
The defendant, Mr. Thomas Barber, who is a coin-
mercial gentleman of Sheffield,: happened to put
into Falmouth in July, 1808, on board a Portuguese
Vessel, called the •Meyo,,Mundo. He was the Su-
percargo; on a, voyage to the Brazils, for which this
vessel was. freighted by Messrs.
,Barber, and Genn,
of Sheffield," his,tutcles. Tbe'yessel being wrecked
in. Falmouth, harbour, and -her _ cargo lauded, the
defendant was necessarily, detained_thele to take.
care and dispose of the-property :—and it was dur-
,ing this detention that the defendant, as Serjeant
LENS stated;, paid his addresses to this young lady ;
and atter gaining her affeClions by the most assidu-
.ous attentions, and by letters which exhibited the
strongest feelings of attachment, he had' suddenly,
and withouttheleastreasonable pretence,desertedher.
His letters were written in a style that disappointed
the curiosity of the crowd in the Court, who, as
usual upon such occasions, expeCied some ridicuJou:
exhibitions of epistolary tenderness ; for the lan-
guage and tone of the lover were corrett and. re-
spectful, though not deficient in energy or spit it.—
It was, not therefore to be wondered at, that the
personal assiduities, the eloquence arid the,4atteritig-
' promises of such an almirer, had won the' heart of ,
a female who. had neither made vow nor promise
against the state of matrimony. She gaVe him her
irks Lions. He embarked on a voyage-for Curacoa,
and during the voyage she received repeated assu-
rances from him, that anaid.t he wind, and waves of
the tempestuous ocean,
~she was the pole-ear that
guided, and the anchor of all his hopes. What then
1,v,,s her surprise when she received an ephtledroin
him, in, the autumn of 1809, stating that his losses
at Falmouth (alluding to the shipwreck of the Meyo
Mundo), the deAication of so agent,at CuNcoa,
obliged him to break otl the match Fro,,:is
Symons, of Falmouth, the ship-agent, proved that
the cargo of the. Meyo Muncio. was insured.---Mr.'
Robert Williams, of Faltuouth,-surgeon and apothe-
cary, proved the attention, paid by the deteodpnt to
the plaintiff. One of the thirty-six of the defeud-
ant's letters that were produced proved hi, expeCta-
tions from his uncle and father were equal to:80001:
Mr. Jekyll:s ingenuity and eloquence were not suf-
fieteut to weaken . the evidence,. nor rebtit-: the
charge. • • .

•
Froper c'on:luct of Mss Comtnins.—Verdict for -thg
plait►tiff, with 5001. damages. •

_rant the LONDON GAZETTE, Aug. 28, 181°'

ANKP I I 1,7 CIES- ENL ED,
.Wanvlck,-41 Red 1,14 J-street, Cierkenwell, jevi.

ler, from Aug_ 25 to 30, at tea, at Guildli 41.
lonit.Bult;. late of King's tangle.), Hetttordsnire, carpenters
trout Aug. 28 to Sept. 22. at ten, at Guildhati, London.
t.
Robert Steriker, psom, Surrey, innkeeper, truat'
to 22, at ten, at (.uilithail, 'London: - de-
Wchard. Brown the youngt.:r,..ot. Pleasattt.:place,
bridge, Middlesex, painter and glazier, twin Aog'
at ten, to Oct. i 6, at, Guildhall:,
NK RUPTS •
Stephen A mhurst, late of Market-.street, We,lntinster? 'lt
of Westminster, and ut West farietli, Kent, -and also la
r,
at Uxbridge, • Middlesex, copper and iron-rnanu factor,
to surrender Sept, 14, at one, I's, Oct. 9, at Lei.f..x.4.
Guildhall. A aurnies, M(essrs..Young and Hug,ies,
street, Strand. SePt'
Dennis Crowly, late'of Portsmouth, tailor and draper, ,
4, Is,. and Oct. 9, at twelve; at C.; u.init :11,' London. 11te,
torney, Mr. I. Al...ague'', IVarWiCi,Uare N ewga
,
street.,
Joshua BarhsJey, of Manchester, cottton merchant SzPt'
• . -"ester'

8, and Oct. 9, at-.eleven, at the Star In,' A.incocste;
Mesrs. Cooper and Lowe, Suittliampton-bthluings,
don ;,or Mr. tepsuii, Al.oienester.
lames Littigley Urrey, • late of C.; teat CrinisOy, Lificoloshirc°
grocer, Sept. tt, 1.4, and Oct. 9,. at eleven,
,at trio,t j.
tune Inn, Attortie;, Mes.,rs•
Rosser and•Sti, 'Bartlett's-buildings, London ; or Alf;
Dickenson, Hull.' -
rd,
William, 'ones, late of Barton.under-Needwcok, Sta'lnat
shire, grocer ..11,1•draper, Sept. 7, .at eleven; at
lon, LLugeley, 8, at eleven; at the Illtth tit oaeon Ite
Wichnor, and Oct. 9, at eleven, at the "l'aio,t
• • ley. Atiornies, ivl‘..asrs: .Wiiiis, LA.O'lll
arntoitl-comi, Londob ; -or• Messrs. I.lJ‘n, 1 osta,
liishop, itageley. late
Charles idlen l'lilipps and Thomas how or,
of Milford, banker., Sept.,• S.
at our; at Guntiliall; LOndcii. Attorn'es,

,
and Fong, Lopthall-court, l'tuogworton street.
rop joint S-u:ele, latr•or Landall,Lif.tinufoostitrer • i,arr,;•l[ll •
,
Sept. to, tl, atm Oct. 9, AL eleven, .it-the
Attornies, MeSsrs • W0.;),i,,
Alesiors. Pm"! and \Niiiiailts, Linculies• 'Londun
Thunias.llarlitigtini the 3 out,ger, late or .l.trotten
Nu thtJic:ll, Ctiesliii,e, Se,' t. 29, 4,.".
9, 51 eleven, at [lle Crown .iten,•'Norttiwi,,,,
Mr. Pete: iliiainsun t..1155t00
or Messrs. sad fedip,e, total 'h.
George ,vlorris Stevens, late of A :s c. 0(),
-.Fields, upholder istid 41. ti ,r,
9, at ten, at .Attorney, Mr. facie'',
street, Isediurd-square. • •
funier, or olienolas-square, Ciripplegate,
ler, Sept. 11, at SIX, 2.2, at 'line, and 9,
At:mines, Messrs. Jones and
square fleet-street.