The Sun.
London, England, 1819-09-04 00:00:00

THE STOLEN CHILD RECOVERED.

MANSION HousE.—Mary Ridding, the wife of
Captain Ridditw, of the Fair regiment, was yes-
terday brought bffale the LORD MAYOR, by Mar-
tin, who sta,ed that he had just
arrived from Birmingham with the prisoner and
the child of JOhn Shrier, the night constable of
I\loe-end, Old Town. The female is one of re-
spectable appearance, was extremely well-dress-
ed, and did not appear much affected at her r,,,n-
-dition, until slur saw that there was a certainty rot
prosecution. The Captain, her husband was
present, and in great agitation during the whole
examina-ions The evidence addnced was rite
same in substance as given under the bead-Latu.
•street.

The LORD MAYOR asked the. prisoner whether
she wished to say any thing in her detence ? In
reply, she uttered the following words without
hesitation ;—" -My motive for taking this child
was one of humanity. Having no • child of toy
own, I was determined to adopt that of some-
poor person, and of course I should have treatet!
it with as much tenderness as if it was actually
my own. I did not intend to meals ebiht, but 1
saw a number of children playing together, and
this infant was placed in my aims, and I thought
by the hand of Providence. I waited for some
time ; but finding that nobody came for the child,
I considered it as left to my protection, and.walk•
ed away. withlt. 1 soon relented, but it'was too
late, and 1 lett the Metropolis with the resolu-
tion to find out the parents at a future period.
bought do.hes' fn.,- it, and have treated it with
parental affection. My motive was good, and 1
intended no ijory to any body."
Captain Ridding here requested that the Lot d
niyor'would allow the ease to stand Over, until
a solicitor could be procured ; they had arrived
in town but that morning, and were wholly un-

prepared.
Tne LOR6,MAYOR said, he felt the greatest dis-
position to oblige the Captain, whom he sitmete-
• ly pitied ; but the circumstance having occurred
in the County of Middlesex, he felt himself
bound to transfer the ease- to, Lambeth-street

LAMB ETH STRE ET.—MrS. Mary Ridding, wife
of Capcnin ot the 59th regiment of foot,'
was brought up «s this Office yes, erday, in cus-
tody ot Joseph Martin, one ot the City Officers,
charged by John Sutler, of Benciotl -place, Alile-
end•-road, with stealing his son, a (.11)00 14 months
old.

Samuel Shrier, a child only eight years of age,
after being questioned as to the nature of an
oath, 10 which be gaeo.satistactory answers, de-
posed, that lie is son to the prosecutor. .0u Sa-
tuttl,y last, about two o'clock, atter his dinner,
lie went Out to an adjoining field, taking •his little

brothri (the stolen el:ild) along with him ; he
had not been long t here, when the pi isoner carne
amd s.t him, and began to fondle the child,
taki,.g hint in her arms; she then gave witness a
detired him to go buy sortie cakes,
which he did, and at his return he toned that
neithet the woman nor child were to be seen.—
She as then sea.ched fur, hut could not be
found ; he was positive as to the identity of the
prisru,t.r.

S4rali Alikate, of No. 4, (;olden•Isill, Shad-

well, who !seeps a grocery aiof truer-s.hop, de-
posed, the.. _nn Saturday afternoon a genteelly
dres,ed woman cAme to her shop, and asked tot
'some (mit, ah,,h site was served with ; she ap-
peAr,d to be very much fur ied, and had a child
in her arms, and a shawl thrown over it : she
asked witness if sire teas near the Tower ? Wit-
ni:ss told het she Wai. not. She then asked it she
.Could get a coach ? that sire would not mind pay-
ing any money for it, as sire was fatigued. Wit-
ness-pointed to a coach-stand, where she observ-
ed tier go, and saw a Gentetnais hand her into
-the poach. Witness saw no wore of her until
she WAS put 'to the bar ; she 's as certain that tire
prioncr at the•bar.and the child were tbe.per-
•Bons that came into ;,er shop.
Joseph Marlin, a City Constable, deposed, that
on receiving law mations of Mr. Slaier's child being
stolen, be had been ever since on the alert,,having
heard of a fetter coming to the prisoner, wh
_lodged in the Miuories, and who was suspected
•to have stolen tire child; ire wers't .theie, and was
intnrwed that the postman had taken away the
letter, as the person to whom it was directed had
gone oway from that place. Witness applied to
the postman, who told him that he had given up
the letter to the post master. A letter was then
obtained Irons the Lord Mayor to the Secretary
of State, by which means the letter was procured,
and by the direction it was found to have come
from Birmingham ; witness immediately set Of
for Birmit.gham, and on arririog there Ire was
informed that the prisoner and her husband lodg-
ed at her brother-in-law's, -who:keeps a stationer's'
shop in New-street. On .going there, he observed
Child in the arms of a servant-maid : he in-
quir,d for Mrs. Ridding, who was soon intro-
oHeed to him; he Informed her of his business,
and accused her of stealing the child. She said
she had no: stolen the child, but, if it was stolen,
it was given to her as' her own by the woman
who had her's to nurse. Mr. Shrie;snon arrived,
sel.to immediately identified the child to be his.---
The prisoner, at the request of her husband, Was
for further examination.

A report has been in circulation here .for some
titne, that his Grace 'the Duke of WELLINGTO'N
itiletitli with this part of the island, for the
put pose tit inspecting the various torts, in what it
called the lirie •of Forts, and sonic preparation
has bee my+de in the dismsntled gatrisons, IVe see
by the Newspapers, that 166 Grace is to visit Ire-
land on as similar errand, 4nrl thence i: is not.ini-
probable lie ma) come over to Scotland. IVe
tinderstand tbat the arke is ttlifayoUrable ro• the
ides ot convtitiug all, or any orthe garrisons in
the Norli into auxiliary Prisons, Which has been
suggested by those who well knew how greatly
such accodunodatioo is wsto.ted in the Flighlaucts
or :3corland, We .airnost regret this, for we
I,cpe it may he a long day before pieces of de-
te-ce are needed; but the er.cessity tor sate.and-
t ortitortable accionmortati.,n for boa' civil and
t I 11111,131 pi i.oitera beuumes daily more urgent.
• (hi ye, stem Courier.)

WILTIIOIIELA NT): ASIZES.

APPLEBY: AUG. 41.

ROBINSON V. WILLIAMSON (CLERK.)

A TITHE CAUSE.
(11,:/'ore Mr. Baron Woon and a Special Jury.)

Mr. PARK stared this to be an issue directed by
the Court of Ex-chequer, to try whether a worifts
for hay and grass exii.f eft for the township of Win-
ton, in the parish 01 Killthy-Stephen.
Mr. Sergeant liuLt.t,ct: opened the case'to the
3nry. The rectory 0: Kirk by-St ephe- formerly
belonged to the barony ot Kendal, afterwards to
the monastery of,S,t. Mary,: Yark. It wasin Henry
VIIII ti's reign vested in the Crown. It was after-
wards appropti etc.!, The question here !elated to
the vicarage tithes. The defend:tot hecame Vicar in
1807 : he did not live at Kirkby-htephen ; lie
fived:at a distance, and came to Kirkby-Stephen
wily to take as much care. ot 1.14 own interests as
possible. The township of Winton, which Was
.one of eleven townships in the parish, considered
`that a modits Of 15s. had been established for time
41114(111064 in respect of all grass i. the town
snip. The defendant said, it was only a moth's ot
the tithe of hay, and that he wag bother entilicd
to the ti lie of agiStment. Ile should prove, for
the plaint if, that the 15s. was in lieu ot all tithes
for grass. It could not, on the other hand, be
that-an agistment had ever been claim-
ed This was a material consideration, tin vim's
were found to he as.muen on the alert in. assert-
ingibeir rights as any men, He.ime'ant no re-
fiterion, but merely to ahow the presumption ariti-
hog hence' tor :be plaifi The Clergy tveoe
nester backward ; they eve re not ahsteininits ill al.
setting their riots whet e they had any clions.,
Thomas Mot-kind, (examined by. tit Contre-
rthy). 66 years of age, was mini at Losofram in
Wintoo, and succeeded his father in that farm,
which he occupied tor 43 years ; the fat ni paid
SP. for hay and :_grass ; it was not - paid sena.
rafcly to the Vicar; the whole township paid 15s.
A discussion. hese arose as to the aonfis,fihi:ity
of- reputation as evidence, and Isis Los ttship was
of opinion, that.lt was cotfstanily rcceive,t as
cot-robot ation of a rit.l independently proved, but
that in this case IA 01,W he proved that the 15s.
were paid for the township bet-re the reputation
of the quo intuitu could be received.
.Crtiss exammed.—itskehy7garth anti Court-
garth were in the township of %Vinton.

Charles liaiobridge collerted the his from the
township, as a modus to cover hay and grass, and
paid it, to Mt. Telny, the curate ; mod fie heard
old people,, now dead, say, that i; covered gr,ss
and nay, whether mown or eat. Lie was employed
to collect it by Mr. Monkhouse, tl.e principal oc-
cupier orland in the township.
Cross-examilied.—He never paid any part of
this • his landlord paid it for
Did you never swear that you always paid your
proportion 'to the Vicar ?—I have no recollec-
dots ; hut 1 did pay my proportion, if I had none

to lay.
. • .Torn Franklaud was called into the box, and
admitted at once that he had entered inio a bond
to bear his proportion of the expellees of this Stilt,
but (it appeared that Nil.. Edernrye, Attorney for
the plaintiff, and Mr. Siss,n, Attorney for the
defendant, had agreed to dispense with the pro-
duction of releases and surrenders where the pro-
due ion of these would quality wituessi:s other-
; and .Mr. Blemrye having stated
of his Own knowledge, that the 'bOnd contained a
provision for releasing all v. ho ceasjd eo be occu-
piers, as.the witness had done for six years, the
testimony was adinitted,) he ceased. to occupy
lands -in the tolvnsi,ip six years ago. He had
known the place for 40 years. The 15s. covered
all grass- He knew that farms entirely pastured
paid a.proportion of it.. His rather, who •Weil 26
years ago, at the age of SG, told him that the 153.
were for hay unit grass of every kind.
Cross-examined ---th•did not know what he
hail done with a bill he hail of the proportions of
each farm.

William Hall, aged 85, give similar evidence.

Three other witnesses were called, hut reject-
ed, because they still ht,ld lamb in the Township.
Tliontas Morland was recalled, a'nd allowed now
'to give hi 3 test iinotty as to the reputation.

All the wilnesses admitted on their cross-exa
ruination that they never heard the word agi3t
meet ti!l this snit commenced.

Mr. 'ScutLarT (with whom were Messrs. Lit-
tledale mid Williams) addressed the Jury for the
defendant. His Learned Friend had thought pro-
per to make some remarks on the attention of the
:Clergy to their rights. He believed it was more
consistent with experience that persons in the.
defendants' situation more frequeotl ysoffered their.
rights to be encroached upon. than Liy• Rectors,.
because they, having only a life interest, ,did not
think it worth their while to waste then substance.
iu litigation, But the Jury would suffer no vulgar
prejudice to influence their minds. He would.
now prove to them, that this was a bail ,modus,
,both for hay and for agistment. As to agisrment,
although it had ticvvr been claimed or paid, it
was not therefore prescribed. At common law it
could always be claimed, unless lands were ex-
empted by law, or a mothis•listl 'been agreed upon.
Theyhad a
.good deal of loose evidence respecting
reputation in this case. A most learned,,most
il-
InStrintlS, Mid most lamented Judge, the late Lord
Ellet.borough,.had said, ." Reputation is in:gene-
ral weak evidence, .and when it is admitted, it is
the _ditty of the. Judge to point out, its weakness,
that the Jury maysnot allow it too much. weight."
The intelligence and learning of this Judge,
lamented Universally by the profession of the law,
•breatned and lived in the Judge who now presid-
ed, and who-would -caution them its like manner.
The evidence which he would lay before them
hat more than one farm in the town-
ship paid tithe for hay beyond the 155.; and that
it was not consegnently a township modus even
for hay. 2. That it was only a modus for bay.
Upon proving these points he would' be entitled
to their verdict. He was not instructed at pre-
sent to contend that there might not be a modus
to cover particular nis for hay only.; but town-
ship modus it •was not, and it covered no agist-
mem.

Thomas Cleashy, 'aged 47, rented the small
tithes.tron► Mr. Williamson, tl►e defendttot.

Mr. Sergeant fitmLocit contended that. this

:witness could not be received) unlesS_ ite rP.iease
all the occupiers of the township.
Mr. boAßLETT.submitted that he was a good
witness upon releasing Mr. Williamson, since
there was no written lease; and that.release
been agreed to be dispensel with if the production
of it were all that was necessary.
Mr. Baron Wool) said, that although the
'agreement was parole only, the witness could file
a bill in equity, to recover such small tithes as
this action might give the defendant, and al-
though it would he necessary to make the defen-
dant a party, the telease to the defendant wool('
he no hat to a snit in (tinkly. Ile was therefore
disqualified, as being interested.
Hip Lordship. however, at Mr. Scarlett's de-
Are, made a mite of it. •

The foli wing. document 4 were then put in
e, idence, ►here being admissions for receiving
them, without the scve.rat officers %%lib should
produce them

1; An'erclesiastieal survey of 26 Henry VIIJ.,
in which the hay, flax, and hemp were esiimared
at 40, (1 ids. was intended to prove that
there could be no modus• even for hay, tar less an
agistment, when flax and hemp were thus classed
wit hii, and all tithed at 403 10d.)
2. A 101 and
.auswer in Chaucer; in the year
1714. The Vinar had filed the bill against the
ru.s !Ishii) of Hartley tor tithes generally ; hut
Niet.olsoh in the answer stated, that he' paid a
modus or pr,seription for hav in respect to 6 acres
be oe,:opied in the rowt.ship. of Winton, Rokeby-
garth, &c. Thomson and Fiweet, in their depo-
silioo, stated, that they paid the former2s.B.d.
for Court-;;arch, and the la ter a monthly tithe
tsr depashiri.ig she,p. (The object of these do-
crunch's was, that I*s. would nor be a township
modus, and that rnonih:y payments were snide for
d.epas.turind shorn ship, meanme at.;istment
being the tithe paid for 4pasturing untitheahle
animals.)

3. 'rwo papers from Miss Chafer, daughter
Di. Ch:ite'r: Farr of Kirkby-Stephen, which
profes‘ed be '' Acc•mnts of the ituproventent
hay-tit es, with the name of the places wide!) paid
tht-to„ for the years 1768 a 1769." Court-; firth,
Roheny-Seattf, tart kVintott-nail, wete ..here en-
-I,IA. in& the "MS, 2s. 4cl„ 84., and iod., sub-
ininuti 4s pitid for them respectively. An old black
Ina ,is-ript was also ptn in, which had been amotzg
Di Chater!s li,)Oks, and tL hich bail one side en-
" Prescription tithe,"' and the other, "
.vetnent tithe." It ‘ras,toutid to have 1736 and
1763 as extreme daie,.

.4. A tatrier'by the principal inhabitants -and the
vicar, in, 1749, which expressly states the pre-
scription p.Aid t'o the vicar, for bay-tithe for
Winton, to be 15s.

Mr. Serjeant HULLOCK replied.—He had suffi-
ciently gial•fied his rem,Arks upon the clergy.
The defendant, living at a distance, could not
feel the most powerful dissuassi'ves from titigation
with his parishioners ; and as to hie interest, the
deteotiant happer;ed to be vested in tee in the ad-
vowson. It the modus were only for bay,
he would repeat, hail no predecessor of Nir
lii.imson's claimed agistment ? The 2s. Bd. and 10,1.
and Bd, might, for ought that appeared, be parts
of the 15s. As to Dr. Chalet's books and
papers, even they bore testimony, that it was a
township modus, for one of the papers was
headed " Respective township tithes." Suitly
Dr. Cltater knew the township as well as Mr.
Scarleit. The only evidence was that in Dr.
Chater's papers the modui was called prescription
hay-tithes.
,This would not hate been evidence
for Dr. Quitter ; but he was dead, and Mr. Wil-
liamson avails himself of his death to bring fat-
ward rids kind of evidence. Improvement bar
.tithe was also stated from the same documents,
but there was no evidence of any one payment of
such a tithe. As to rite tarrier, it was at best
hut -a very moderate species of evidence ; and if
it represented this township modus (for.so it call-
ed itj as of ly for hsy, what had the Vicars been
doing si,ce 1749 ?

Mr. Baron Woon, in summing up, said, that
be thought reputation considerable evidence when
grounded on a tact, and knew very .vell bat it
was Always received in the Court of Exchequer,
in order to show the irmrumorial (that was ihe
legal language since Richard I.) usage of an esta-
blished fact. Agistment was the tithe for depas-
Wing unprofitable, or untithable cattle: it was
trot corn only paid in the Nottit of England ; but
it never could he paid for sheep. He doubted
very' much whelier of lies could be claimed for im-
provements from waste lands when there was a
mocha., They, would decide in this case, as in all
ottiero, without regarding any other consideration
but the evidence.

Verdict for the plaintiff, finding the niudus to
cover tlie,pastute.

onTOK V. WILLIAMSON (CLERK.)

This was a precisely similar case respecting the
township of Nei by, and had a similar verdict,with
this difference, that one particular pat t of the town-
ship was excepted.

Whatton-de-Mesne, in the township of Net by,
forms part of Wharton•park, the property of. Lord
Lonsdale; the other part is in the township of
Wharton. The two townships are divided by-the
Eden. Abont 12 years ago,, an entire exemption
trout small tithes was claimed for Whatton-de-
Mesue. The tarrier put in evidence in the former
cause excepted
.Whart9n from vicarial tithes.
The claim of exemption failed, and three years
since an agreement was entered into to pay 911.
in lieu of all tithes. Hay-tither and agistment
were calchlated in the valuation. Hence %Vhar-
ton-de-Mesne was now excepted front the modus
of 3s. 61d. found to be payable in lien of hay and
pasture tithei for the townsnip of Netby.

Last week, a man of the name of Tormy, a
pensioner, was fount! suspended by a rope from
the bough of a tree, in the vicinity of Roscom-
mon. He was quite dead, and was driven to the
rash. act, by the irremediable perplexity of his
having two, wives, to one of whom the other
woman and her children were, insupportably odi-
ons—thelmfortunme man had therefore no pro-
spect of happiness on this side of the, grave.—
(Ne wry Paper.)

FAVOURITE TIGLO;N.
q ale a
UN,03.,.T-1- • ...ALL.—Yesterthis- a Innn Pt—
residing in Kent-street, app"T;
ris
moos 10 answer the complaint of one (•) evr`ith
601113, a costernicnger. The cornolei"B"l„%eti so
;a tone and emphasis which' might be OuPPI the
attach great importance to the case, tria4ci"f the
he had purchased fourteen fancy idgeon9 °5,
detemiant, for which he paid a considerableo
110;r
being obliged to pay IS. gd. per week WI °tic
board and lodging. On Monday lie atissC:hole,
.(if them, the very hest taught of the
which he' afterwards discovered in the l'("l,e:it
of the defendant, who could give no acc‘'-lino
how he got it. These birds are Iter "":11e:
important. use. Men of the comploina:-
sell
ecription breed and teach them, and I:ag:ehl.
them at a very handsome price to spor"-4-Itst
rowers and black-legs, who take them to "et i 9
races, sic. As soon as the issue of the C°nti ihd
neck ° At;
k< own, a billet is tied round the
pigeon, minting the winner of the race P'thet
the bird immediately flies home, where!airOa
Greek must anxionsly•awaits his return': """,otlit
no sooner knows the fart, titan he burr
gambling and spotting houses, offers the
odds, and frequently returns with hiS 1.(11111:
~,
defendant m 'ell stored fro the coffers of the gilPin'po
said he had p '
urchased the 1041L0P
is.. 6d. from a person named Conner, but ftC 'ite,te
give no proof to that effect, and the ADO al'
ordered the bird to be given up to the c
plainatit.
.„g
. _
_ G ..CCIDENT7.--Yesterday -evenir47oo
Suoczcx A
Invistion wAs taken at the King's il"qc,..lio;
street. Bit( king ham-gate, upon the haily oi "
tiro'
beth Barrett, a child five years old Ileini 11'6
from the evidence adduced, that the ttli
deceased is a poor man, reß;clina, at: 331 St.;f:ilol/i
haute ; lA' ai,seonded tr.un so"'" I
ago, leaving, hint with the deceased, 4ot!
cllO, only ten years of age. He C0011..g1 t th/
maintain the children ; the look eare-%ols
room whilst be was at wot k and tt,''t,%he
boil, d for his tea in the evettnig•
nesday afternoon, about iikdr pas'
after lieciined, he wr>nt oio tn. svoit; 05
leaving both the children in the roof"' is
after his departure, the oldest thou4ht P1'4%1%41%
go Out to play, which she was not in 0"2;:rii"
of doing, locked the door, and took tilt t
her. Site returned- in ab,int a gust"(
hour afterwards, when, ,--shork4ig to relit"ithe
found
the deceased screaming ii the tatfOe ill
room, with all her clothes burned ott,
wiiz4,l3knd of her pettict,ar, anti her. "'"‘lt"
lid
hurntd in a most dret,d,ul manner, eVer-.0,14
legs.
She-bad the presence n' mind to titr°,l-log'
water over her, and then down stll" ,00g
The deceased folb,,s,d her into n„
°
occupied by a person named Hodge toleri the
where a woman named Cu aig, who lodges
same house, "Was attracted by h_ri. scr-fse
ing, and she wrapped bet up
i a hlaoiiet-4 eh'
dteseased to1;1 her site set fate to her die" I,'ot(
She was cat ried immediately t, the Viiivs""i''„pri
Infirmary, where, not withsta,„ii,,4 eve Y
ance that surgical cohld devise tvg4 re-t).111°I
to, she expirtd thtee o'clock on Tinir,d4 'll
try
lug. Vt rase! ACcidentally ho r. d
1.11 a' t ocittes daily comcommitted its D0"r).',51 Ole
have induced the City of London to ardor f'~
tr
measure for the preservation of the pobli`: le, 3;
A Petty Sess:on was beld some days
which Sir J. LAMER and Alderman '4;
were present, awl resolved, that as povev::o-
was situated within the Biidge-house estAt':lilhga
Crinstahles, at the expense of the City,
ui
appointed to watch, tri;lit and day, 'iti:6,))l di;
notices were issued from Guidk:ftll, el'l,
honseholdets in Dover-street, and. its viciwi'o,t;t
it
close up their hack doors (several (11 the brat th
having, without authority, opened d 11,1i,01
heck of their houses, for the purpose of
ing the escape of thieves,) pain „t
' I'
'I
hose regulations have tiOw 'been prollil)! 'ade
lowed •
for several days, anti have been LL'
with very beneficial results.

1 _
COAL IsIAII.K.ET, Sta,r. 3. pi' 9°'
Ships at Market. Ships sold. A t o o'l/1
1 1.51 Newcao t 0.............. 151 . .31%. 0-` tt, .4°.
' 5 Sundetland. ... ... is 34'.3d'
'
: - 3.
COIJUSE OF EXCHANGE, FRIDAY, Styr' c. r,,;
Arnstei dam
i i .5 St iis'Bl
Ditto, at Night
11 I . q,,
Rotterdam
12 11°.iti'
Antwerp
3. 2 ji ('
Hattihurgli
36 5 44,1'
Altona ... ... -
Paris, 3 Day's sight ......
25 40 01'5
Ditto
25 40 .4011°,'0
Botadaanx, ditto . P I
Fiatdifort on the Main
,1% it
Madrid ' 3 plitiO
Cadiz
Gilboa 36
Seville
tiiltraltar
Barcelona
Leghorn • • • ''
Genoa...
Malta... . . 44 ts i
-- —Venice, ea?, i
--Nap1e5..........
~ . I:1:a. 1
... .Li Y• ..... :2331:6, pri
0. i 00:
11711, r
Palermo
Lisbon
Oporto . 54
.... • • •
Rio Janeiro
Dublin. • • • ....• 124..... C0rk..... 12i per Colt.
Agio of the Bank on Holland.... 2 per Cent.
ge
;; I

•
'
.
BULLION. 0o
0 !
Portogal Gold, in Coin L.
14 I', ,
New 1)OubluOll9
New I).llari 0 i ,
Silver in Bars, Standard...—. 0
_5.......,/,'
_

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