The Sun.
London, England, 1817-08-26 00:00:00

CU 11111 LAND ASSIZES, Auc. 19.

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,ylCit-xs imqs.----1-i,,ini.bY V. HAERIMAN.
Tnis cafise occitpied the Court from its °nen.
I mg at nine o'clock ,in Tuesday morning, to about.
20 loinutes after three in the afternoon.
Mr. Se:amt.:re said the plaintiff is Mil taut HA, tiry, Esq. of
Rose-hill, near Whitcharen; in this county, and the ikleititaut
a gentleman who has travelled ranch in foreign parts, parti-
cularly on the continent of Etiroae; but having fixed his reai-
dence in Cumberland, lie purchased a house and a small
eplaittity of hotel in the immediate neighbourhuod of Mr.
Hartley. Cowing from a foreign land (Florence in Italy he
had given this reside-ace the classical name of Tivoli—a name
much celebrated in ancient times, and of conese earryi lig
with it the most pleasing recollect hats, as well• as an idea
of refinement. ft did not appear, 'iowever, that the de-
fendant had imported the urbanity of the- countries he
had visited—those retineinents which we expect from one
who has cultivated and has a taste fur the fate arts ; this would
most clearly appear in the course of what he had to advance.
In the Month of Nov. last, Mr. Hartley, wishing to ornament
the gametal near his house, and to improve the breed of Ilia
sheep, made a purchase of eleven fine Leicastershire sheep,
coanntinly-called-niug sheep, which were sent to hint all the
way from Tack:titer, and for which be gave s)guineas ; when
thay arrived, he turned them into a held which lies between
his own garct:.n and that of (tic deferidant. Mr. Harriman, it
appears, keeps three dogs at Tivoli (two poiliters and a little
leerier) for the purpose of defending his possessions. One of
these pointers mas of so savage a nature, that he spared neither
clan nor-beast. Mr. Hartle.y and his servants had all herb
attached by these outrageous dogs; they were nut safe to-
come home at night, for it was at that time these ani-
mals were permitted to prowl wherever they-pleased.—
When the sheep arrived,' Mr. Haetly sent a niessage to
Mr. Harriman, stating, that as he hail goi-sonie valuable
sheep, he hoped the defendant would ta:ie care of his
dogs, as there was great reason to think they would worry
the sheep. Mr. flarrriman sent back ward to Mr. Hartley,
that he kept his dogs for the purpose of guarding his pro-
perty, and if they were nut etioneli he wottld keep fifty more.
As was suspected, the dogs did fall upon.' he sheep several
times, and at last they killed tliree . and bit four others. so
severely as to cause their deaths, spoiling the whole of
the flock. As soon as Mr. Hartley was infOrmed of this, he
wrote a letter to Mr. Harriman couched in the mildest terms:
it began, '' Accidents. will happen. • I am sorry that your
dogs have injured toy unfoilaniate little flock; I should have
seen you this initiating on the-subject, but understood you
were not up." and it concluded in the saute strain and spirit
by a proposition to Mr. Harriatan to take the flock off his
hands, paying the first cost of 50 guineas. What could lie
fairer, ur more gentlemanly, or more
.neighhourly than this ?
Mr. Hartley wanted nothing for bringing the sheep into Cum-
, berland—he required nothing for theit keep—he only wished
to cover the expense of the first purchase, and so let Use
, matter drop. But does Mr. Harriman follow the example of
his neighbour ? No. He waits sonic time, and then he re-
plies by letter in a strain the very reverse of conciliatory,.
He says, having had time to investigate the charge at his (legs
Lilting the sheep, he believes the sante to he unfounded. He
cannot but regret, therefore, that Mr. Hartley should hare
made such a charge; and in a strain of indignation he refuses
to pay the 50 guineas, and rejects any farther discussion of
the subject. Now, contended the Learned Counsel, no matt
of proper feeling would have acted thus towards a neighbour
who had always lived on the best terms with him, and who
had been' injured. Mr.- Hartley was reluctantly driven into
Court to seek that redtess which he failed to get in a mote
amicable way; and Mr. Scarlett trusted the result of the ap.
peal would convince the defendant that the law will not au-
thorise hits to ketp dogs to assail either people or property.
After evidence was heard on both sides, the Judge, Sir.
Baron Wool), summed up. lie said there were three eines-
tiffili for the consideration of the Jury—First, whether the
sheep had been attacked, or worried, as it was called, by the
dogs ? Secondly, if they had' been so worried, was it by Mr.
Ilarriasan's dogs? And, thirdly, whether Mr. Harriman had
received sufficient previous notice to take care of his dogs ?
These were the simple qneations for decision. In his opinion
it was not necessary for the dogs to have actually Gillett the
persons they attacked to prove their savage nature.
Verdict for the plaintiff—Damages 241. 10s. Both plaintiff
and defendant were in Court during the .trial. .