The Sun.
London, England, 1810-09-13 00:00:00

ASSIZAS, Sur. 5.

Sarah Buskby was charged with the wilful mur-
-
der-6f her male ba,tard child. ,
The prisoner lived with. Holmes Morley, of Lit-
tle Corby, whose service she entered at -Whitsun-
day, 1809. From Lammas, till May 1, 1810, it
was the, general conversation_ of the: priSorier's•
neighbours, that ,she was pregnant. —The atm(
and; brother of the.. prisoner, about Six Gl..seven
weeks previous to the -first of May, took her,.to
Mr. 'Holmes, a surgeon, .wbo gave it, as his opi-
nion thatlhe prisoner was with child; bat she de-
nied, it. _ _

On the 30th April the prisoner was visited by her
aufit, about nine o'clock
.to the evening,. who re-
mbned till eleven : sbe . proposed ceniinuirig all
night, but the
,prisoner told the witness• that her
master was unWilling. About lour o'clock in the
•rporning, Ether, who was in the
,em-
ployment .of the prisoner's master, had occasion- to
go to his house, where the door was opened for him
by the prisoner. She, appeared 'considerably redUC-
ed in size, looked very phiarly, and bad a cloak
about her.. A_ little alter five the prisoner's aunt
repeated her visit,. and interrogated the pilsoner
on the subjeet of having borne a child,, which she
acknowledged she had ; " but that it was.-dead for
any, thing she knew." About 'seven, 'Mr.-Holmes,
surgeon, acliompankd by• a constable, visited the
prisoner, sod found her in bed, and being satiAed
in his own mind that the prisoner had born a Child,
charged her with it. Leave not having been ob 7
Wined front the prisoner's master to search his house,
application was
.made to a Magistrate, and a Search-
warrant having been obtained, the Constable, at-
tended by Henry Foster, about one o'cloclt the
same day, proceeded to make the necessary in-
vestigation.
•
The last witness, on entering the barn, saw
a heap of chaff !yip& agai.st the wall. This,
it appears, excited Ins suspicion, and he put his
hand into 'it,_ and brought out a dark-coloured
gown, pinned; in which was . inclosed the body
of a new-born male child, dead. This he brought
into the kitchen, and the surgeon being a -sec)nd
time sent for, found site child, -lying on the
kitchen table., He described the child as hating
been laid on its back in dung, the be:ly was coy,
Bred with chaff ; there was a small mark on the
cheek, on the neck a great degree of redness. Its
mouth was filled with dung, which was in a
very chy state—and whirl- witness thouht was
horse dung. It appeared compressed, 4,4 a in. the
opinion of the witness was sufficient to have
_pro-
duce,: suffocation, • •

The Learned .i.dge, in summing up the
dence, directed tae Attentlup of the Jury to; the
consideration of two particulars : first, whether
prisoner lead borne toe child alive ; and, idly, whe-
ther she had been its. tps9rderer ?--Verdict, Net
Against IYilliam Alastermtin,.charged wida shoot-
ing and woupdii,g. grporal ThomaS Nunn, of the
Suffolk Militia, ILL iadittment was'ahatidouqd, oa
ace.unt
ja„,_ Hagnall. GI a vegere then .sen,
'l4aw.:7:--- 4 were afterwards, rapiieved.

14.46 C.,

, CIVIL SIDE:

LITTLE V. ELIA&

This salon was brotight by the plaintiff against
the de.tendattf, for a breath 'of contract; and was
supposed to oris,inate from a private quarrel between
them. The plaintiff; Mr. Little, is proprietor of
the Golden Lion Alston, and in the year 1805
let it ,4ith three closes, •Corp.isting of 7 or 8 acres
of land, to the defendant, ender this agreement--=--
that the land should be, managed in a fair husbandry
manner. It was stated on this clause, to be the-in-
*varieble custom in the management of farms, not
to remove the manure from the farm on which it is
produced but that every farm reaps the benefit of
its own manure. The evidence went to shew that,
the defendant's being in possession of another field,
called Mark's Close, in the year 1808, removed
forty cart loads of manure from his three closes at-
tached to the Golden Lion Inn, to this field: and
at Whitsuntide, 1809, when he quitted the pre-
mises, they were left destitute of manure alto-
gether. It was further alleged, that a beaufet
and some shelves were removed from the Inn, and
in consequence of which damage was done to the
premises. In the progress of the trial; however,
it appeared that the defendant, being landlord
of the Golden Lion, had an extensive business as
an innkeeper, and with his , own, had often the
horst% of strangers to accommodate. To support
this business, he, on an average, purchased an-'
nually hay and straw to the value of 40 or 50
pounds. This quantity of hay and straw was al-
lowed to produce manure equivalent to the 40 cart-
loads removed from the premises. And ihe reason
assigned why the succeeding tenant' found no ma-
nure at the Golden Lion at Whitsunday, tee% was,
it was retnoVed and laid on the three clue ...I the ; pv,)
ceding autumn. R,•speCting tite beaufct and
shelves, nothing.ceuid be proved prejudicial to we
defendant.
The Learned Judge, in eurnining up the evidence,
observed, that the defendant, might be justified in
removing 40 .cart loads of manure from the pre-
mises at the Golden Lion to Mark's Close, in the
autumn of Igoe, but he could not conceive him
institianh= in le.,iving the farm vbid of manure when
he emitted it at Whitsuntide., 1809.
Verdict fur the plaietiff—:Damages 41.

FIOLSR V. WILSON.

This salon- was brought to try the_ right to
wreck found on the lake 'of. J3assenihwaire ; in
which John Fjdler, farmr.r, Whiterhall, under Sir
F. F. Vane, Br rt. was phintiffi end ---
son, boatman, under the Earl of Egremont, was
defendant
In May,. 1809, two sheep belonging to the plain-
tiff had strayed into a neighbouring field, belonging
to one Wales, from which they were hounded and
ran into the aboYernentioned lake, where they were
drowned. The'defenclant finding the, sheep in the
lake, claimed them • as wreck and on the 4tli of

September following, the value of the skins and
wool being demanded by the plaintiff, he said he
bad a right to evcry thing, dead or alive, found in
the lake, and that the plAititl in ord?rto prevent
his .sheep coming two the lake, ought to have
-fenced. •
Mr. PALLY, for the defendant, argued; that, not-
withstanding Wilson could not shew .any.specifie
right he possessed to the wreck foiind on the lake,
it was allowed by the inhabitants in general of that
part of the country, that he`bad such a right, and
'that the beatrnen, his -predecessors, had acted upon
it for -a number of yeari.
The LearuPd Judge' remarked, that the claim set
up by the defendant cquid, not be substantiated.
Verdi& for the plaietiff—t s.
. GRAHAM V. HETHERINGTON.
The plaintiff is a widow, who, since the death of
her husban,d, has -resided with . her father and ino-
,ther.at. the parish of Kirklinton. The
aetion, was brought, to recover. damages for a breach
-:of - promise of marriage. ,
slt appearej, en .the part of the evidence for the
prosecutrix; that, on the 26th July, 1809, the De-
: fendant, Francis. Hetherington, came visit the
plaintiff's 'father, and asked his consent.to marry his
daughter. Th.:s being complied ...with, promises of
marriage.were repeated by the plaintiff to the 'defen-
dant, but not. Oaober following..the
plaintiff and ,the defendant met at a public,house,
kept by William. Notiat, at Bnlton Fell End.. Tlie
,:efendant was here interrogated by the plaintiff re- ,
spetaing the delay of his prhause.• He replied, in
the presence of -IVfiafat, that " he would marry the
defendant; let friends or toes -:ay what they pleased."
An art atigement was then made, that on the Satur-
day f howing, the parties should meet for the solem-
nization of the marriage at Carlisle, The plaintiff,
according to Ahis.agreetnent, W-4s• ;pet by the-defen-
dant, t, her then stated iliat behad altered his inten-
tion. The consequence was, the defeadant's.return
to herfather's house, much ch.agrined by the disap:.
pointed. She was, lioa-ever, accompanied by the
defendant, who atter entering Abe lioase of her- fa-
ther, kneeled down, and in the presence of the
plaintiff and her mother,, imprecated the vengeance
of heaven on himself if he did not, on the Monday
following, fulfil his thriller promise. After which,
the .detendant discontinued his _visits, and all cor..s
respondence bet Ween the parties was.tur the future
broken off.
It was urged, on.the part of the' defendant, that.
there existed. no proof .of courtship having com-
menced previous to the .26th of July, at which time,
it was knowo.that the pt.:intiff was pregnant—that
the disparity of age between,the plaintiff and the
defendant was so great, that there was some proba-
bility the plaintiff, on account of his youth, bad been
. ensnared. •
Verdtct for the plaintiff, lOOl. damages.
- WILKINS, EDGAR, AND OTHERS, V. PARNELL.
The plaintiff's are inhabitants of the township of
Rockliff. The defendant is an agent of the Earl of
Lonsdale..
This aaion, was brought to recover damageS for a
certain trespass committed by the defendant in the
Month of June, bog, M. surveying the marsh of
Rockliff.
The plaintiffs conte,tot th their exclusive right
to Eye ynarsli: was esthbfisbed by certain deeds of
'conveyance, and long-continued usage. •
The general plea was not bind& tot ward, in-con-
sequence of a trespass having been proved to have:
teen committed by defendant on a small piece of
grOund hich was private property.
A "vetclitt - was taken for the plaintiff—Damages
one penny. : -