The Sun.
London, England, 1827-07-27 00:00:00

SUMMER ASSIZES.

OXFORD- CIRCUIT-ABINGDON,. JULY 25.
FRANCIS CHOLMELV, ESQ. V. SIR CHARLES COCIZERELI.

AND OTHERS.

This was a writ of formedon, brought by the de.-
mandant (the plaintiff) in.this cause, to recover froM
the tenants (the defendants), as lineal descendant
of Sir Henry Englefield, -the celebrated estate of
White Knights, near Reading, late in the occupa-
tion of the Duke of Marlborough.. The cause has
been for a considerable time 1n Chancery, and when
Lord Eldon resigned, was ripe for judgment, which,
by consent of both parties, his Lordship pronounced
subsequent to his resignation. The judgment was
given in writing, and,in order to receive theopinion
of a Jury on the-facto therein contained, the ancient
and almost obsolete *it of formedon was resorted
to. By adopting this process, the tenant (defend-
ant),is prevented from availing himself of the fact of
20 years' adverse possession. And the novelty of
this proceeding, at the present time, attracted consi-
derable curiosity. Mr. Cholmely, the demandant,
is a gentleman of fortune, residing in the county of
York. E fr9m.1116--ad-fa-
mily of roi,tr—peatgree can be
traced be and were said to have
beenliwriierly the owners of all the property in this
county, called by different naMes, but terminating
with the word " field," viz. Winkfield,Benfield, &c.
&c. The tenants (the defendants) are surviving
mortgagees in fee of the property in question, which,
after passing through various hands, came into their
possession after the Duke of Marlborough had ex-
pended immense-sums of mons.), in improving the
mansion and pleasure grounds.
By the will of Sir Henry Englefield, the grandfa-
ther of the demandant, certain trusts were created,
with a power of sale, the proceeds to be invested in
certain securities for the benefit of the right heirs.—
Sir Henry Englefield died in 1780. Sir Charles
Plenry'Englefield succeeded to it, and the estate
was sold by the trustees to Byam Martin, Esq., fa-
ther of the present Sir Byam Martin, for 13,400/.
Sir Henry Charles Englefield, the tenant for life,
without impeachment of waste, was entitled to cut
and dispose of the timber ; but instead of stripping
the estate at the time of the sale, by a separate con-
tract with Mr. Byam Martin, sold Mill the timber.
Some years after, a doubt was raised as to the lega-
lity of this proceeding, as his interest was not re-
duced into possession, the timber not having been
severed from the estate. To obviate any difficulty
that might arise from the litigation of thatbquestion,
Sir Charles Henry Englefield invested the.sum pro-
duced by the sale of the timber in the three per cent.
Consols, in the names of the trustees appointed by
the will of Sir Henry Englefield. The question in
the cause was, whether those trusts bad been pro-
perly executed ; if not, the demandant would be en-
titled to recover possession. After a trial which lasted
upwards of six hours, the jury found a special verdict
for.the demandant, subject to the opinion of the
Court above.

MIDLAND CIRCUIT.--NORTHAMPTON, JULY 25.
LiitTON V. MILLET.
`The ATTORNEY-GENERAL, who came down on
a special retainer pn behalf of the plaintiff, stated
that this was,an • action of replevin; but the real
question for the Jury to try was, whether or not
Lord Sondes, whose tenant the plaintiff was, had . a
right in common in gross for 120 sheep, on a part of
Rockingham Forest, called " the Lord's walk." ,
The cause had been tried before, about two or three
years ago, and a verdict found for the plaintiff; but
in consequence of its being doubtful, from the evi-
dence, whether Lord Sondes's right of common was
that of common in gross (which is a right belonging
to the person), or common appurtenant (which is
annexed to the land), the Court of King's Bench
granted a new trial.
The Jury, which was special, without requiring
the Learned. Judge to sum up the whole of the evi-
dence, returned a verdict for the plaintiff.
ROSE V. BOSWORTH AND- OTHERS.
This was an action of libel. The plaintiff kept a
public-house called the Red Lion, in the village of
Great Creighton, in this county, last year. The
'defendants were the churchwardens and overseers of
the parish. In the month of "September, 1826,
shortly before the meeting of the Magistrates for
that division of the county took place, the defendants
addressed the following letter to one them, namely
Mr. Ward •
" Sir—We, the undersigned, beg leave to inform you,
that we consider the publie-house known by the sign of
the ' Red Lion,' and kept by John Rose, highly disorderly
and dangerous to the morals of the inhabitants of Great
Creighton and the neighbouring villages."' (Signed by the
defendants.)
In consequence of this communication, which wat
the alleged libel, the magistrates stopped the plain-
tiff's licence.
On behalf of the defendants, who pleaded a justi-
cation, several witnesses were called, and proved
occasional scenes of disorder and quarrelling at the
plaintiff's house, from which women were' obliged
sometimes to fetch their husbands home at unsea-
sonable hours.
A rebutting case was gone into by the plaintiff,
and some of the inhabitants of the villap were
called, who swore that they did not consider the
Rid Lion a disorderly louse. ,
The Jury however returned a verdict for the de-
fendants.

On Wednesday week, an ' elderly woman,
named Whittaker, who kept a lodging-house in Lichfield,
quarrelled with another female, and in a few miuutes af-
terwards dropped down dead ! It is supposed she had,
in her passion, ruptured a blood-vessel.--Macclesfield
Courier.
IMPORTANT INVENTION FOR EXTRACT-
ING POISONS, OR OTHER FLUIDS, FROM THE STOMACH,
ay Da. SIMON, FRbM Pa.urs.—On Thursday last, at four
o'clock, a highly respectable meeting of medical gentlemen
took place at Dr. Simon's house, No. 20, Talbot-street,
for the purpose of witnessing the wonderful effect of his
new self-acting instrument. The gentlemen were intro-
duced into the Doctor's practice-room, who, after having
read some pages respecting the utility of his very ingenious
instrument, he prepared it in less than half a minute. The
Doctor, assisted by one of the medical gentlemen present,
introduced the flexible tube into the stomach of a man
whom he had procured for the purpose, and he extracted
thirty-two ounces of fluid, and removed the tube, in the
short space of twenty seconds, without having produced
the slightest degree of pain or motion to the person during
the operation !—Several meetings took place previous, but
the experiment had only been performed on bladders, and
yet had given so much satisfaction, that the Doctor re-
ceived a certificate, signed by 32 of the first physicians and
'invention,
in Dublin, stating their opinion on his ingenious
invention, as being a most valuable improvement; but
nothing could equal the general satisfaction, and even asto-
nishment, which the very decisive experiment that he
made, for the fifth time, on the living human subject (with
so much skill and presence of mind) gave on this occasion.
The medical gentlemen were so much pleased with the ex-
periment, that each voluntarily contributed his mite, making
up a handsome sum, for the individual,
whom the experiment was sa successfully tried,..—publin
Freeman's Journal. a tradesman, upon