The Sun.
London, England, 1810-11-10 00:00:00

Mr. GLEADE--" Certainly not, my Lord."

Mr. Justice Le BLANC--.." It tiialbe very severe
- against the ladies, but certainly the case is very
strong.against them."

Butt: i-cfused.

VFINIBEIt 9.
CONSPIRACY-POACHING.

THE KING V. TURNER AND SHEPHERD.

Mr. JPRVIS moved_ for a rule to shew case why
the; udgment against the defendants on this indict-
ment should not be arrested. The defendants were
convided of a conspiracy on the third count of the
indidment,, that •the y had conspired to ensnare.
hares in a preserve of hares. This description,. in.
hts (Mr. Yelvis:s) opinion was not sufficient, the
count did not set forth the place where the offeace
was committtd with sufficient precision.

Lord ELLENBOROUGLI—" State tlae description
in the indictment."

Mr. JERVIS'—" For conspiring together, and lay-
ing snares to ensnare h.dres in a hare, preserve, on
the night of the 24th of November."
Lord-ELLE:raottou.on—" That is a sufficient de-
scription." • „
Mr. JERVIS—" Then, my. Lord, if it is, it ought
not to be I?rdught in, the way of: indictment, but as
an a-tion for a joint trespass at common law; for.in-
stance,
.suppose- two persons going past a preserve
belonging to agentleman, and agree to go shoot.in
it, it would, be an agrxernent, never could lie
rn4cle out aS..a,'Ons.pirocy."..
Lord Et.t.,aNtoadoon-7—" It does not apprar to
-the Court. that it Was,_a.conViracy to enter in the
night you may therefore take tho

Rule granted.
Mr. JELIVIS—" defendants are in Court, and

r ~ :~.

_. ~,; . .

I hope your LealLips IA ill allow them to rema;tl at
lariT on their-bail."
Lora ELLENEOHOUGH—" The Court has no di,-
cretion ;. they at by the- pr3mice of the C-urt. I f
the Lros,cutor does not cont-ent to their h::ing at
large, they, must be committt d." .t
Mr. DANCEY—" 1 ha,e no inctrunion, but shall
take upoq mystlf to consent to t Len- going at large."
Lord ELLENBOROUGII—" Be it so, then."

THE KING V. DE YONGE.
SELLING ()F GL'INEAS.

Mr. MARRIOTT moved for a rule to .shevv cause
why the verdict on this indittment sno,dd not be set
aside, under the following circumstances :—The
Defendant was indi6ted under the statutes of Edward
the Third, and ELlwards the Sixth, which indicted
a penalty on anyperson who exchanged gold for
silver.at a higher exchange than that fixed by the
the law of the realm. The tact of the prisoner having
Sold 50 guineas for 2 2 . i6J, per piece, and received
for them bank-outes to the amount of 5'61. and a
bank dollar,' was nut denied ; but when the s.tatuti s-
of Edward the Third and Sixtli were enacted, bank-
notes were not knOwn, -and could not have been in
their contemplation. .

Lord ELLENBOROUGH—" The Court thinks it is
a case of much impoitirace, and tiler; foie you may
,take your-Ruie."—Rule gratiltd.
Mr. ATTORNEY-GENERAL-6' I perceive the de-
'feud:lnt is in Court, my Lord ; .but 1 conseot to his
;going at laage on his original basil. it has been just
stated to me, tort such ano:her c se occurred arStal-
ford last As,izes, before LORI Chief Justice Mans-
field, and he directed. that it should ty2 pit; in a case
. to be argued before• the Twelve Judg"ea—une caw
will decide both." •

.:Ir. MARRIOTT--" PahapS ,your Lordships will
allow this to be also put into a case.; and that they
may both be argued at the same time before- the
Twelve Judges."
Lord ELL2NBOROUGH—" So be it."

SARAH BATP,M kr,: V. JOHN Er)LTLEY.

Yr. Serjeatit COCKELL moved for a rule to shew
cause Why the nonsnit in this cause should not be
set aside, and a new trial granted. It wassanaalton
broUght by:the plaintiff; -a lad3i, of fortune, against
the defendant, -for.disturbing her in the .posesston
of -her pew in church. It was trie=d at the last As-
sizes of York, before Mr. Justice Chambre. It ap-
peared that the ancestors of the plaintiff purchased,
an extensive estate called Slate Hall, in Yoi Wine ;"
in its neighbourhood Was a church with a single
pew in it, winch belonged to the • proptietors. of
Slate ; this church mouldertd away until it
became incapable of- being repaired.. • The pa-
rents of the plaintiff', assisted by other neighboors,
built another church and parsonage-house on the
d of the 'plaintiff, whose parents. contributed
20001. towards their erection ; a pew was allotted
to the possessors of Slate Hail, and another for the
accommodation of the. Parson's family ; they had
enjoyed it 43 years, when the defendant insisted
they had no tight to the possession, and forced
himself and h number of common persons into the
pew ;• td prevent this in 'future, the action was
brought. • The curate of the parish proved that the
plaintiff had a.pew in a church in another parish.
The Learned Judge - was decidedly
.of opinion the
plaintiff could nut hold two pews. in different pa-
rishes, and ordered the plaintiff to. be non-suited.—
The Learned. Council did not know any case in
point ; the one that came nearest to. it was that of
Davis and Watts, in,the year 'lBOO, in the Court of
Cum tit on Pleas.

I.:vrd,ELL,ENBOROUGU--.-" Did you put it. to the
Learned Judge vu the right of 14culty, Brother
Cockell ?"

Mr. Serjeant CocKELL--.'!'l did not, my Lord;
the Learned Judge seemed so decided in 'his opi-
nion. 7

Lord ELLENBOROUGH--" I think, brother Cock-
ell, after this omission in not enforcing that argu-
ment, we cannot disturb the nou.suit, but the plain-
tiff.is at liberty to btitri; a second action_; for in-
stance, 1 hold tk+O pews in different parishes, and I
think it most necessary where the parishes and
churches ate small, for it often happens there4s ser-,
vice only once on the €ablacnb in each; in the
morning at one, and in the evening at the other."

COURT OF COMMON PLEAS, Nov. S.

WINSTANLEY V. PHEASANT.

This was an action for the value of certain goods,
"alleged'to be the property of plaintiff, which were
improperly detained by defendant.
The plaintiff; it appeared was a broker, and had
supplied Sir William Manners, while in the King's
Bench, with certain articles of furniture, which, on
the enlargement of Sir'William, had been
,placed in
the custody of the present detendant .as a security
for the s.,m.of. 51: due by Winstanley to him. Mr.
Pneasant, on his, quitting the King's Bench, had
left the furniture in the care of a person of the name
of Bruce ; who being called on the part of the plain-
tiff, deposed, that in August, 1807, he knew Mr.
Pheasant in the King's Bench ; when he left it he
left the goods under the care of the witnesi ; Mr.
Winstantey _might, have got them by paying ten
pounds to Mr. Pheasant ; that-was the sum for
which they were security ; Mr. P. had sent for Win-
stanley, and he vitas perfeffly aware of the circum-
stance. When Mr. Pheasant weot in the country,
he left the goods in charge of the witness, with di-
Jealous to deliver them up , to Winsianley, on his
paying the 101. ; but Wiustanley never made an:
offer of any money. He said he would call on Mr.
Pheasant, aid it he did not pay the I 01. in a day or
two, he would forego all right to the properly. fit.
never did call ;. nor had the witness ever heard of,
him since, until he. was served with a notice of the
a6tion.- The goods, he thought, -were worth 71. or
61. He particularised the articles of furniture which
had been in his.possession, a list which plaintiff's
attorney presented him. - •
As-the witness, though called on the part of the
plaintiff, had sworn to facts, which if believed, made
chreetly against him, Mr. Pitcher, the plaintiff's at-
tyrney, was produceli for the purpose. ot contradid-
ing• his statement,
Mr. SejeantßEST objected to the.Counsel.on the

part of the plaintiff c ev;dt,nce fur the pur-
pose of contradi6ting.his own witness.
Lord Chief Justice M ANSFI eLv overruled the ob-
jcJion. Ii fiequently happened -that witnesses,
when they came into Court, spoke very differently
m what t bey Shad "given reason to suppose they
would, and completely deceived the Counsel for the
party in whose htlialts they were called ; and he did
oot think it improper where such was the case,
t':at es idence of a diGrent description should be
called. " You know, bother Best, you did the
same thing in the famous. horse cause."
Mr. Pitcher was then -examined.—The substance
of his depo,ition was, that he had been told by Mr.
Pheasant that his lien on the goods was but 51. ; and
that when Bruce, the I,st witness, was applied to,
to deliver up the property, on payment of that sum,
he had denied any kooWledge of an agreement to
give theth to Mr. Winstanley ; and ref.sed to de-
liver them to any person_ but Mr. Pheasant, He
never before heat d that_the defendant had a claim
for more than 51. He :had br6ught an action for
-the goods against Sir Williatn Manners : butf as he
.found that the possession of them had gone from
bim, the busineSs had been , compromised, on Sir
William'. paying 201. for the use of the furniture.
He had never before heard of the agree-uent Men.:
tjoned, by the laSt witness;.that,rif ten poimds were
not paid at a certain time the goods should become
the property of the defendant.

A role ot Court that had be-en drawn up by the
defendant's attorney, in:a former a'etion Which had
been brought, against hint, reative to these articles,
of furniture, but had not been proceechd in, in
which be
.notified his -intention of defending the
action on the ground of having r,tained pos-
session. of the goods as a security for five ounds
clue to him, was here put in, and admittedin eri.L
dente.

A person of the name of Huntingdon deposed,
that he thought the goods were worth the price an-
nexed to tht!ln in. the list, about 151.

Mr. Serjeant Besr, for. the defendant, addressed
the duty with great eloquence. He deprecated the
practice Of ;morales coning fob mard to give evi-
dence in cases where they were themselves em-
ployed, and in. which, of course, they must feel a
consideiaple bias. A great law authority was of
the same opinion ; -and he trusted, as he now had
it in his power, being a Peer of the Realm, that he
ould bring a Bill into Parliament for the purpose
of preventing such proceedings,---=He contended,
that tie Jury had no tight to garble a witness's
:fence; they should .either receive or reject it alto.;
gether. It this principle were flillOWed 'in the pre-
sent case, there must be a verdict for his client; tor
it they believed all Bruce's evidence, it went clearly
to prove, that by the plaintiff's 'failing' to pay a sti-
pulated sum on a cei lain day to• the defendant, his
--1-4-;lit in the disputed property had cased before the
action.was brought. It, on the other !bud,' they dis-
believed it, then Mr. Pitcher's evidence went far
• nothing; fur, in an action of this deScription, it was
necessary that the disputed articles should be speci-
fied, ‘4 hick Bruce .had done, but Mr. Pitcher was
totally incompetent to do; and, therefore, if they
rejected .Bruce's evidence, that necessary fad not
being proVed, a Verdict'rfur his client • must•

`Lord Chief Justice MANSFIELD summed up the
evidence with great accuracy.—He was of 'opinion
that .the Jury had a right to give credit either to
the whole or part of any evidence which came be-
fore.theni, as to them would seem propet. A wit-
ness Might, in some instances, speak incorrectly;
and, in others, his deposition might be perfectly
consistent wi.h truth.

Verdiet for floe plaintiff, datnages 101. sabieEl to
the ded'iaion of the 51. due originally by.plaintiff
to defendant.

SPORTING INTELLIGENCE:

I 2
z dr

I " 1
2 2

SOCIETY

FOR .711411 lINCOURAGENIP.NT OF ARTS, MANUFAG•

Till:ES, AND Co:NI:NM:tea.

The vacation being ended, the Members 0.4(
coinvose this excelkot institution 11,ive leointedibct,.
labour's, and though we have b:.eit, inclith-t1 to tiro:
at each annual distribulion of rewords (such 104
Veen she vari.-Yty of objects Which they have bceo
means of brioging' into notice) that rettiaint,
tur heir Mature considei-at ion ;'yet if is really aStonil:
n ,l ing that so many reteteuces should Lave beets
Co thew, the more especial' at So early a period °
the session.

Among the inventions, which
_have :dread, been
ll
•reteried to the Committee of Nlechanics,
Cit:)simi; supposed to be constructed \on snob a pito:
C,iple, that it only requires 'hilt' the nutntler of "I'd
employed in the common .way; to work it : siwui .
this, on investigation,
_be fottid to be corred,
a waiter of greater nbtional importance, could let
n;
have beau discovered.. 'A. model/ of a 7'elegr3Pl'...
(-Inadrant, and Statf4 a model of .4
Machino to
certain the waribci of days in arty intertn,-alia-4"1
a model of a Garden•seat ; a Door Lock with
nitions; a Machine to swc.ep Chin-trues; a liwd.
s)fal'attyun a new cuustrtiction ; a n.ottcl.ot a•Fo
ra
Escape; a model to explain a new hod of timi%7
ing Bricks, anti Hints on Imptovements Mui:c."
Instininetits: " -

Several cominunications•haye likewise •heen. aladt'
on Ago icult ural iinprovemetits, and 01 hers
the Polite Arts, thernerits of w very earl)" Ili
the sossion, be investigated bv the respc;....live C`"lvi
mittets appointed to sttperintet.d those' toraneile'`'
of the Society's Ouitiess. • •
•
A proposition was read by the Secretary at thel"t
meeting of tie Society (Wednesday) kt. !rich ha,i
previously given him by a worthy member, i°
:hung up the usual time, stating, that the ant""'
subscription to this institution should, after the Lad)-
day next ensuing, be raised to thirty guineas 350
life-subscriptnn, instead oftwenty, and t tiree
instead of t ; the terms under which mealb'l6.3l-
- this time elected.
The Gentleman who proposed this change in 1116
.
-Rules,and Orders of the Society powerfully a:"-3t)cl,
verted on the necessity of such an alteration,
serving, that every 'article had raised in price
dcrably in the course of a few years,' and that t.lO
aniof
Society had kept together, since its foundation,
1764, without the stindlest addition to the teroa_
-adintssion ; and that though they had to eagrtit,
tulate themselves on having effected great•llol,:or
yet while.a call from the public, which deserved 01)a
patronage, remained unrewarded, it couid.uol::‘,
conceive, . that 'the exertions of the Society `s;
crippled, he therefore urged, that the propwit,'`:,.;
which is intended
.only to apply to new inen3' to
after the lildy-day quarrer, should be taken 11'04
consideration at: -
nest General Meeting, %,
which,we understand, will be-discussed on W5(111('
day next.
o •
T.he.benefits which the public have deriver tri
the Society's proceedings cannot be better alf';we
than considering the great improvements w lob 1104
been made in the course of a few ye is in•
every branch-of science ;and, though other 3;w`4,
tions may duly claim a due .portion of credit in
ing contributed to the same end, it cannot be cictliol
so„etifett uaLare the advantagesreiulting from poct
*experiments, this. institution, in this (eV'
stands- pre=eminent.

19 commemoration oflrisiVlAJEsTY's having c°ni;
pleied the,s,oth year of his reign,. on the 25 th-utt' rb
mo
Earl of Bristol (with his usual regard wine c0n",,4
of the, poor) gave a cow each to, four of his 11;,-or
trosiy labourers in IckworthPak ; for which 1,. v.
drew lots for their choice out of. six that were tos
hihited to them, and expressed their grateful t1)3%,
for his Lordship's benevolence. General fiAu?ay,
his Lordship's venerable uncle, was last wed' rood
ing his annual visit to the poor of Elorringer
Ickworth, distributing blankets and other item—
clothing at this season.
tY .el 0134.
A. gentleman in Lincolnshire having 1s
rite
served, as he thought;a strange horse in a fa',„'-„
t),creil
field, desired his servant, who had lately e"g's',3;
with him, to put the animal in the.pound. Hed,4).#
obeyed ; and, on passing the pound a fev e,
after, 'was astonished to find it was his owo Orval,
nearly starved, having been, during- that inter
without. a morsel of food.

BIRTHS.'
•
On Saturday last,'at Bredwardine. iHerefordshiref
countess Hereford, of a Son.
On Sunday night, at his house in Bernard-strea.—u-5
~
square. the wife of Robert Bayley, Esq. of a Oaught,,color
On the 6th inst. at his house in l'ark.street,
square, the Lady of Colonel Mayne, of a Son. -

itIARRIAD
On the
,30t1i ult . at Mid)—

of

at midhurst, Sussex; Mr. -
Watling.stieet, London, to. Miss Athber, of Midhu;sr. loft;
• On Wednesday morning, at Hammersmith, for'„i
• Fownes, of Coventry-street, to Miss SpringthorPt e
above place.
' 011 Thursday last, at St. Mary's, Newington, Surre '►
Mr. just:ph Fuller, Bookseller, of Citaring.cruss, r° ',ace*
eldest daughter of Mr. Joseph Carter, of Newingroll'
n
Kenningto.
rga
Yesterday, at St'. Mary's, Islington, Mr. George
of Ludgate-hill, to Miss I larrison, of Kensington.

1 - D/ED„,„ . . - of 3
On Weild'esday. the 31st ult. at I Nu"
consumption, Mrs. I ukes, aged 27, wiie of 1. IVI' '
1 Esq. , .
Tunbridge
Ore,
On Thursday. last, in C Italic-ester-street, Portmao:'cl
Charle Moore, Esq. Au.utur of Pub:ic Accounts. , „ell,
The same day, Mrs. Sykys, of the Terrace, Caul''erri.,,tors
At ‘Veybridge-, M. Altiday, Steward to the Pr°l'''' ,
. ofßiver %Vey tor twenty >ears'. ' r a' ,;ste
In iMa4'...stroet, •Dublin,. Pliiltp Adams, Esq. Bar- •
kaw. "
Tacics.
()n the 9th tilt. in Caithness, Mt. Marcus Gunn' ',,e if°
man of Iblemore, within one 'day of 'completing t''- - '
year of
d screr3
_ On the. ;6411 ult. at Edinburgh, after a long 2n„ istoo
illness, Mrs. Grace MiDonald, wily o! Mr. pines L'2
j
- Stabler.. . . - an
Lately, at Inverharity, in the Parish of Gtellisl3‘ 10/ i
County of Forfar, at the advanced age of 115, Cilliillan
Wells' 6.
bertson,
.a poor woman.

COAL MARKET, NovLimEit 9 •
Ships at Market. Ships sold. Price.
.2S Newcastle . . .S 4. od. to 635. 96
84 Sunderland . . . q ).4s, od. to