The Sun.
London, England, 1821-08-14 00:00:00

LINCOLNSHIRE ASSIZES.

TITHE CAUSE.
ASHTON AND ANOTHER V. CUST (THE HOW. AND REV. It )

This important cause was tried before Chief Baron Richards
at the Slimmer Assizes at Lincoln last-year; when the Jury hav-
ing returned a verdict for the plaintiffs, the defendant moved
the Court above, and obtained an order for a new trial, on the
ground that the verdict was contrary to evidence. The cause
was an issite directed by the Court of Exchequer, on a suit pre-
ferred in that ( ourt by the Rev. Plaintiff', who claimed to be
entitled to all the vicarial tithes of the parish of Hough on the
Hill with Gelston and Brandon. The defendants named in the
issue are Mr. • Wm. Ashton and Mr. Wm. Beecham, on the
part of themselves and the rest of the parishioners of Hough,
with its hamlets ; and the question to try was whether the Rey.
Gent. be entitled to break through a customary payment, and to
take tithe in kind, or whether a composition of sd. an acre for
lands in Hough and Gelston, and 6d. an acre for lands in,
Brandon, be of sufficient antiquity to have acquired the vali-
dity of a modus.—Mr. Scarlett, on a special retainer, with
Mr. Reader and Mr. Phillipps, led the cause for the parish-
ioners;` and Mr. Clarke (in the absence of Mr. Serjeant
Vaughan, from his recent accident) led, with Mr. Denman and
the Hon. Mr. Finch, for the defendant. Nlr. Scarlett stated
the case with his usual ability, and observed that he should
call persons to give viva voce testimony of usage without the
?lightest variation for a period of more.than one hundred and
thirty years, with such other indubitable proofs of a modus, as
that none but a Jury of parish clerks could for a moment
hesi-
tate to support the rights he contended for. Ire called as his wit-
nesses, Mr. Jackson Farmer, of Lessinghani, Mr. J. Simpson,
of Somerby, Mr. John Fisher, of Stragglethorpe, and Mr. Geo.
Lowson (who were witnesses on the. former trial), with the
addition this time of Mr. William Seward and Mr. Robert
Crossby,—"all of whom were persons advanced in years, and
who had had long acquaintance with „Hough, Gelston, and
Brandon, from the residence of themselves, and in most in-
stances of their fathers and grandfathers. They proved the
constant payment of the composition, and that no other pay-
ment for vicarial tithes had been known in those places.—Mr.
Clarke, though labouring under indisposition, made for, the
Hon. and Rev. Mr. Cust, a most able and animated address
to the Jury : and afterwards adduced the same evidence for
the defence as on the previous trial. Mr. Scarlett replied
in a 'speech of singular ingenuity- and force; and the Lord
Chief Baron summed up. His Lordship said, by the rule of
law, Mr. Cust was beyond all doubt entitled to tithes in
kind, unless the other side could,show a modus made before the
time of Richard the First ; and the question for the Jury was,
whether the. supposed •agreement for sd. and 6d. an acre,
in lieu of tithes really existed at that time ; for, if the
composition was shewn to have existed for 2 or 300 years, that
degree of antiquity did not signify : to be worth any thine.,
it must be as old as the time of Richard I. The evidence called
for the plaintiffs, his Lordship observed, was as strong as it
could be, to show that the sd. and 6d. had been the unvaried
payments for a long course of years ; but, on the other hand,
the evidence for defendant's right was very strong, and could
not in law be shaken, by 'proof of usage for , about 150 years,
which was the utmost bound of the plaintiff's case.—The Jury
(of which•fivewere special and :the rest talesmen) retired for
nearly two hours, and on their return to Court, delivered a ver-
dict for the plaintiffs.
[JAMES CawTrion.)r has been convicted at these Assizes of
the murder of his wife by poisoning her. The crime was com-
mitted last March.. We stated the particulars of the case at the
time, but to-morrow we shall insert the whole of the trial.]

SIIOCEING AcctnENT.—Sunday last, Master
Cif.titucs Coox, whilst amusing himself gathering
some cherries off one of the trees in his father's
garden at Hartnondsworth, near Hounslow-heath,
unfortunately pitched head foremost from the tree,
and was so dreadfully injured that he died, shortly
afterwards.