The Sun.
London, England, 1827-08-03 00:00:00

of the Jolley Club, a;al the decision having-been
displerasing to Mr. Hawkins, he refused to submit
to it. The result of this refusal was, that a notice
had been served upon. Mr. Hawkins, cautioning him
not •to come upon the close in question, the no,
tice was served upon Tuesday the 170: day of April,
and the trespass way comnsitte(3. "on the following
day, the.races having comtne.need on the preceding
Monday. The defendant had alleged a common law
right to be upon the Heath during the races; but it
would be impossible to establish any such plea by evi-
dence of immemorial 'usage, as there were no races at
Newmarketbefor:, the reign of James 1., and faces were
not legal bet':reen the reign of Charles 11. ►►nd the
13th of George IL The Jockey Club was in ex.
istence no longer than from the, year 17.53. HaVing
stated the Duke of Portland's tenancy under the
Jocl:,ey Club, and some other particulars, Mr. Ser
-.ream Storks concluded by calling evidence to prove
that the property of the heath was in the Jockey
Club, and that the Duke of Portland was in actual,
unfettered, and exclusive possession under the Club..
Mr. ROBINSON for the defence, contended, that
the fact of the Jockey Club having always advertis-
ed their races, and:invited the public to attend to
/hem, did of itself constitute a licence to all persons
who should think proper to attend the races, to go
upon every part of the course, and to pass without
restriction wherever their inclinations might lead
them.

The LORD CHIEF BARON then proceeded to
charge the Jury, which was special and highly re-
spectable. In reference to the plea of the defendant
(the 4th in order) that the public had a right to be
present when certain lawful races for lawful stakes
are run upon the heath, his Lordship declared that
it was a species of right of which he had never
heard, nor did'he think that the mere fact of the
Jockey Club having suffered the public. to be pre-
sent at, the races on their ground, gave all ram-
kind a 'right 'to come there whenever a race was
to be run.

The Jury, after a short consultation, having in-
quired what amount of damages would carry costs,
returned a verdict for the plaintiff—Damages, Is.

WESTERN CIRCUIT, SALISBURY, Atra. I.
The business of the Court this day was of intense
interest, judging from the appearance of the' crowd
by which the doors were besieged, at an early hour,
for admission. '

The Lord Chief Justice BEST t,ok his seat at
nine o'clock, and the Grand Jury soon after returned
their last bill, which was found againstthe coachman
(Maule) for manslaughter, arising out of the recent
upsetting of the two coaches near Amesbury. The
trial will take place to-morrow morning. Mr.
Justice Buirough will then proceed alone to Dor-
cheste,,., to open the commission.

Solomon Sutton, alias Young, and George Waite,
were indicted for a violent assault npon George
Biggs, and for having cut and stabbed him with a
knife, on the :)th of April last. The indictment was
framed tuahr Lord Ellenborough's Act, but there
were likewise counts for the lesser offence.
The Jury acquitted the prisoners of the capital
count, and found them guilty of that for the common
assault. They were likewise convicted upon another
indictment for an assault conjointly.
The Lord Chief Justice BEST, in passing sen-
tence upon the prisoners, severely animadverted
upon the odious action of Young in using a knife
he said he never could have believed that any Eng-
lishmen would have so far disgraced his national
character, as to hare resorted to so assassin-like a
mode of encountering an antagonist. Fortunately
for the other prisoner, Waite, he had not resorted to
so base an action as his companion, or even insti-
gated him to it; the presumption therefore was, that
he meant to have fought fairly through the scuffle like
a man. For the purpose, therefore, of marking his
(the Court's) sense of the distinction between the
conduct of the two prisoners, he should only sentence
Waite to one week's imprisonment for each offence;
but the punishment which he should award against
Young was, one year's imprisonment for the first
offence, and the same term for the second : the pri-
smaer to receive these two years' confinement in the
'House of Correction.

Robert Webster was indicted for having, on the
night of the 18th of January, 1827, at Kemble, in
this county, (being at the time in the dwelling-
house of the Rev. John Price Jones,) stolen one
silver soup-ladle, four sauce-ladles, several salt-
spoons, and a number of other articles of plate, to
the value of between 300/. and 4001., the property
of the Rev. Gentleman, together with five 11. notes,
and a large quantity of clothes, a silver watch, &c.--
There was also a count for burglarionsly breaking
out oelds master's house, after committing this felony.
The Jury, after some deliberation, found him
" Guilty of stealing to the amount of 40s. in a
dwelling house," which is a capital offence.
The prosecutor immediately recommended the
prisoner to as much mercy as is compatible with
t
justice, on account his previous good character.
Lord Chief Justice BEsfreplied—" Sir, you have
done your duty, and I must and shall do mine."—
He then in a most impressive manner, passed sen-
tence of death upon the prisoner, and assured him
that he had not the slightest prospect of mercy ; he
had therefore not a moment to lose in preparing for
his awful fate.

The prisoner, who had fainted in the early part
of the trial, when allusion was made, in a penitent
letter which he had written to his master, to the
prospect of his crime breaking the hearts of his fa-
mily, again lapsed into a strong ' hysterical affection
during the Judge's address.- Medical assistance was
obtained, he was removed into the air, aad shortly
after sufficiently restored to hear the conclusion of
the awful sentence delivered in judgment.

DUEL PREVENTED.—Between three and four
o'clock on Friday morning, peace-officer Easterby, in con-
sequence of information of certain parties intending to fight
a duel, proceeded to the seventh lock of the Royal Canal,
where after remaining some time, the hostile parties ap-
proached, the one with his friends, occupying a carriage,
the other also duly attended, advancing to the field on foot.
The preliminaries were being arranged, and the comba-
tants about taking their ground ! when the warlike prepa-
rations wero (disagreeably, no doubt), interrupted by the
appearance of the officer and his capturing the principals,
'Messrs. B—r—e and residence unknown. The
interference of the civil authority led to the interference of
still more civil friends, which happily effected an accommo-
dation on the spot, and concluded by the parties, accom-
panied by their guardian genius, the peace-officer, walking
civilly off the battle field to Henry-street police-office,
where, having ratified the treaty of amity by another
civil shake of the hand, they departed in peace, leav-
ing Easterby a brace of blank cartridges as a reward for
his humanity in preventing bloodshed.—Dublin Evening
Mail.

A scandalous attempt at extortion, accompa-
nied by circumstances of alarm, occurred in Spring-gardens
on Sunday last, and which will probably become the
subject of future investigation. A couple of engines with
attendants, and surrounded by a concourse of people,
stopped in Spring-gardens, the water-cocks were turned,
and an alarm of fire given, every eye being directed to
the chimney of a house there. The engineer tried
every means, by threats, and bullying, and alarm, to gain
admittance, but the inmates suspecting the scheme, and
satisfied that there was not a possibility of tire having
been communicated to the premises, resolutely refused
entrance to the fellows. After undergoing for some
time every species of impertinence and threat, they made a
similar attempt at a house nearly adjoining, fortunate-
ly with the same ill success, and then the engines moved
off, and the crowd by degrees dispersed. It is quite un-
necessary to enlarge upon the iniquity of a trick like this,
or upon the distress and alarm it might occasion, as well
as the evident intention of taking advantage of the terror
of the family to plunder or at least to extort money. We
trust that these miscreants will not escape detection. We
only add, that there was not even the slightest indication of
a fire. We have not yet obtained the name of the office to
which the engine belonged ; but it is the bounden duty of
every establishment of this description to prevent such dis-
graceful and alarming speculations upon the fears and cre-
dulity of families.