The Sun.
London, England, 1828-11-13 00:00:00

COURT OF KING'S BENCH.

The gentlemen of the Grand Jury, for Middlesex,
were this morning sworn before Mr. Justice BAILEY,
previous to their inquisition on the indictments, and
after having been charged by the Learned Judge,
they retired with the Sheriff to consider their bills.

THE KING V. ROBERT FITZHARDING JENNER.

Sir J. SCARLETT moved the Court for a rule to
show cause why a criminal information should not
be filed against Robert Fitzharding Jenner, a county
Magistrate. The affidavit upon which he now ap-
plied stated, that a Magistrate had been guilty of an
act of great injustice, to serve Colonel Berkeley, his
intimate friend, arising from these feats :—ln 1652
a decree was made by the Master of the Rolls,
to authorise a person to inclose and improve 400
acres of a tract of land called Mieklewood Chase,
on condition that the other part of the Chase should
be left free for the freeholders, with the liberty of
cutting the brushwood growing on the latter part.—
Colonel Berkeley, who holds the inclosed part, is
very anxious to keep the under wood from being
cut, for the purpose of preserving the game. An
action some time since arose upon the right of
cutting it, and was determined in favour of the
freeholders. The person for whom the Learned
Counsel moved, was, he said, a freeholder, and on the
16th of October, had, in the presence of Colonel
Berkeley's gamekeeper, cut a quantity of branches
from a holly tree. Shortly after that he received a
summons from Mr. Jenner, to show cause why he
should not be convicted of stealing wood. In
answer, the man claimed that he had a right to eut
it, and his uncle produced the decree of 1652; but

=~

the Magistrate clenched his fist at the uncle, saliilgo
would scourge him, if brought before him. colt) ,
B. was then on the bench, but did not take
the proceedings. The man was convicted, flail
12s. Bd., the estimated value of the holly, and '
costs, and was sentenced to five weeks' imPrtiiiit
merit if he did not pay it. After being in prison;,„.:*
ever, for four days, he paid the fine.
Lord TENTERDEN—Uutier what Act was br
'tided ?
Sir J. SCARLETT.—Under the Wilful Tt
Act, I believe, my Lord, in which there is o f7e-i4
stating, that where the party claims a right tio
the Magistrate has no jurisdiction. Other 64
swear that they believe the conviction was an "7';o
serve Colonel Berkeley in preserving his gamiPo
that within mortal memory they have alwar
the right.—Rule granted.

lIIGH COURT OF ADMIRALTY.
LA PILICITE.
This was the case of a French privateer, caps
by the Hercules, in the year 1824, and for whrtoi
motion was made a few days since, on behalf ca
seamen of the latter, for head money. The Cd°,o
then ordered the case to stand over, for.an tlo
to be made of the number of men on board at
time of the caption.
Dr. JENNER this morning produced an alit d
made by the Lieutenant, which stated that id
were 45 men on hoard at the time, and the 0
accordingly granted the motion.

TUE HAPPY RETURN.
Sir C. ROBINSON gave judgment in this cao
which came before the Court on a bill of except
to the claim of Mr. Davis for salvage. The Ila.1:1"4
Return was a West India vessel, and on her Ytta
home was wrecked near Peachy Head, and
Davis, with 25 labourers, after many days' exertJs
succeeded in raising part of her cargo, which eo
admitted to be 'of the value of 1,500/. For 114
services he applied to this Court for ren
at the same time tendering a bill, amountilg
rather more than one thousand pounds. To 'wrif
bill exceptions were taken by the owners, and Al
referred to the Registrar and proper offieets for
tion. The Registrar had made his report, svos
allowed the whole of the cluith, with the excel',
of 921., therefore it would be unnecessary to go
jort
the general character of the case, but merely to 004
to the items that had been deducted. The Lesrd,
Judge then went minutely into the various chilifol
and said, that he was of opinion, that Mr. Dario IS
entitled to 21/. more than had been allowed bits
Registrar; with this alteration, he should conflrol
report, and decreed accordingly.