Star.
London, England, 1802-03-24 00:00:00

ASSIZES.

At Gloncefter affixes Thsomas Durrough, for
robbing- and (hooting at Mr. Edwards, on the
Mailcmore Caufeway ; William Meads, for robbing
Mr. J.egyett, near Kingtholm turnpike ; Robert
Daniels, for breaking open the counting-houfe of
Clutterbuck and Co. of Howcombe, near
Minchinhampton ; and Richard Harris, and Wm.
Lampard, for burglary, received fentence of—
Death—the three litter were reprieved ; but
the two former remain for execution. John Jor-
dan and Anthony Williams, for llealing pigs;
and John Pill, for ftealing a faddle and bridle, were
ordered to be imprifoned for two years.

At Monmouth affixes, on Monday fe'nnight, the
following prifoners were tried :—David Thomas,
fur Healing two oxen and three deers • and George
Barton, for flealing wearing apparel, were capi-
tally conatieed, and received fentence of—Death;
Edward Jones, for healing a quantity of fugar,
was fentenced to fix months imprifonment. Wm.
Williams, for (leafing ironmongery goods, Anne
Smith, for flealing wearing apparel, Rowland Phil.
lips, and Ann Phillips, for healing houfehold
Joods ; William Lewis, for flealing iron chains ;
ohn Williams, for a nuifance in the river Wye,
and William Jenkins, for ballardy, were
charged.
At there affixes, two caufes of material impor-
tance to the free navigation of the liver Wye, and
to the corn trade in general, and more particu. I
larly fir to the landholders in thc ftveral counties
of Hereford, Gloucefler, and Monmouth, came on
to be tried, wherein Mr. Wm. Porter, an eminent
corn faflor and middle'', at Wilton, in the county
of Hereford, and Mr. John Hardwick, a refpena-
ble land owner and farmer, at Bridflow, in the
faid county, were feverally plaintiffs ; and the Is.
habitants of the Hundred of Ragland,in the county
a Monmouth, defendants, which were feverally
brought to recover from the hundred the amount
in damages of the value of a cargo of wheat, barley,
and peace, belonging to the plaintiff's, and which
were on the 16th day of March 1801, in its way
to Briflol, flopped, robbed, and plundered, by a
lawlefs mob, at Landogo, in the county of Mon-
month ; when, after every'objeetion to the pro-
ceedings which legal abilities could invent, and
full proofs of the plaintiffs'- cafes, verditis were le-
venally given in favour of Mr. Porter, for the fum
of i 781. and in favour of Mr. Hardwick tt 11. be-
tides cols, being the value of the cargo taken by
fuch mob, thereby cllablifhing the right of every
perfon to fend corn down the river Wye, and that
any one interrupting the navigation, as in thele
car's, is guilty of felony, and haule to be punifLd
with death.
At Lincoln affixes a catife of confrderable im-
portance was tried before the Hon. Sir Rustic!.
GRAHAM, Ent. and a Special Jury. It was an
anion brought by a perkin of the name of Stokes,
the owner of a boat, and a earlier of goods by
water on the River Trent, agailifl Mr. William
Etherington, an opulent and itipe&able merchant,
to recover a fatistaaien in damages for an injury
done to the Plaintiff's boat, and for the lots of a
val.iable part of her cargo. It appeared in evi-
dence that Mr. Etherington hadlately been eraling
fume very ertenfive warehoufes adjoining the river
Trent at Gainfhro', and that to enable his workmen
to lay the foundation, a dam had Len made by the
means of poles and boards a few feet diflant there.
from, fume of which poles had been negligently
fuffered to remain in the bed of the river ; and on
too of which, the plaintiff's boat happening to be
moored near the warehoufe, dropped on the, ebbing
of the tide, and funk in confequcnce of their per-
'furating her bottom. The defence let up was,
&Illy, negligence in the perfons who had the care
of the boat, from rot being on board when the ac•
cident happened ; fecondly, that notice was given
them, when they moored the boat, of the poles
being in tl:e bed of the river, which they might
have artadzi; and thirdly, that the place of moor-
ing was an improper one, and that the boat, on
the ebbing of the tide, would have filled with water,
independent of the poles ; but it appearing to the
Jury, that the conduel of the boatma;i was regula-
ted by the ulage of there navigating on the river
Trento that the place where the boat was moored,
was as proper a one as any in the river, if poles
had not been driven there ; and the defendant
having failed in giving proof of notice to the
boatman, of the danger to which thc boat was ex-
poled, the Jury gave a verdin for the plaintiff, for
the while damages which he had received, and
for the value of filch part of the goods as were in-
jiired, and for which he, as a common carrier, was
anfwerable for to their refpeflive owners. That
all navigable rivers, and other common King's
highways, fhould be kept free from nuifances and
obflniaions, is a matter of the greaten public com
tern, but particularly to there engaged in com-
merce; and we truth this decifion will be a me-
mento to thole, who enlarging their buildings, or
the extent-ion of their concerns, have occafion to
create temporary nuifances, and that they will in
future remember, that in accommodating them-
(dyes, they are not to injure their neighbours.
St'llitY Assiz s.—Yeflerday the blifinefs of the
Affixes began at Kingdom In the Civil Court
two or three records were withdrawn, the fubjeft
of diem being referred to arbitration. Of thole
that were tried the moll important was,

CHIPPENH•M V. SHIPLEY.
The plaintiff is an undertaker, ufually reeding
in London ; the defendant reticles at Horfleydown,
and is proprietor of a mill in the neighbourhood of
Wandrworth acrofs the defendant's mill-dam
there is a wooden bridge, over which people ufu-
ally paf, in going from the Bell public houfe to the
town of Wandfworth • this bridge was in fuch a
bad condition on Sunday the 2:lt of 041ober, Moo,
that the plaintiff fell through it, by which acci-
.
lacerated, that he
lis bufinefs for fix
recourfe to me-
of which he
:over Come com-
(Whined, by dm

defendant's negligence in not keeping his bridge
in proper repair.

. .
(It appeared in the examination of the witneffes,
that the fame night a Mrs. Conliable fell through
a hole in the floor of the bridge, broke her leg,
and died in confequence of the accident.)
It was prayed by the witneffcs for the plaintiff,
that both the plaintiff's legs had fallen through the
holes in the bridge, and that he was hanging by
his arms when he was extricated; that he was hurt,
and prevented from following his bufinefs in the
manner listed ; and that the defendant was the
perfon who was considered bound to keep this
bridge in repair, and had aClually from timeto time
made fome right repairs.
On the pat t of the defendant it was argued, that
the aCtion would not lie, milers negligence could
be proved in the defendant, or his agents; it was
endeavoured to be proved that there was no
negligence, as the defendant;.; agent had given di-
reftions for the repair of this bridge fome days
before the accident happened, and as the fart was,
that the very day before, the holes in the bridge
had been (lopped with found oak planks, and that
the accident was owing to a third perfon having
taken away fome of thole planks that very night.
Serjeant SHEPHERD, therefore, on the part of the
defendant, contended, that his client could not be
called upon for damages in confequence of an ac-
cident occafioned by the criminal aft of a third
perfon, of which he had no notice.
Mr. GARROW, in reply, obferved, that if the old
timber to which thofe found oak planks had been
nailed was fo rotten that the planks could be taken
up and carried away dole to a public houfe, with-
out any noife of a hammer oe found of violence,
there was almoß as much negligence in this flo-
venly mode of repairing as if the repairs had been
altogether omitted.
The Jury, with very little hefitation, found for
the plaintiff with 401. damages, being the whole
fum charged in the declaration.
In the Criminal Court, Jofeph Barker, a young.
gentleman not above eighteen years of age, was ca-
pitally indiCted for having uttered as true, lie
knowing it to be forged, a certain paper, purrort-
ing to be a draft for sal. 13s. of Robert Polhill,
on Melts. Wilkinfon and Co. The uttering of the
forged draft was clearly proved ; but a number
of refpeCtable witnellis, both relations of the pri-
toner, and medical perfous attending him, proved
that his mind was deranged, both at the time of
his uttering it, and for a confiderable time before.
He was confequently Acquitted.
Simon Macs was found Guilty of a burglary
and robbery in the Borough of Southwark.

POLICL,efc.

Ihrrom-aaanaw.—Yeflerday Frances Bolton,
a waiting woman, was brought from the Houfe
of Correction for prevarication in her former evi-
dence, which, on this occafion, was equally as
confuted and contradidory, with rerped to a talc
the fet afloat, that a Mr. James Barnwell, a gen-
tleman of conliderable fortune, was fuppoled, after
a long Hind's, to have met with an unfair death,
and was clandeflinely buried from Jud's-place, So-
mers-Town; her memory could not Rate at what
houfe he lodged, although the laid The waited on
him. She named a number of profeflional gentle.
men, who preferibed for him in his illnefs, who
being fent to, knew nothing of the matter ; great
pains were taken to enquire at every houfe if a
geatieman had lodged amongit them, who had
been recently ill, but no information to that end
could be obtained: at length a fervant, who had
been in the family of Mr. Barnwell, gave direaion
where his relatives could be found, when a perfon
from the Office waited upon them, and we are
happy to fay that the gentleman is alive and well,
living at Camden-Town, who, with his father, will
attend at the Office, and the woman be again
brought up to endeavour to Thew cause for railing
this story, unfupported by any evidence.
WORSHIP•STRIET.—Hannah Cully was com-
mitted for re-examination, charged as a common
utterer of counterfeit money ; on being fearched,
a pocket was found infide her flays, containing
counterfeit 7s. pieces, betides lhillings and six-
pences. _ _ _

•
Imam: s-Orricr.—A few evenings ago, a wa-
tcrman, in the employ of this Office, was ccminit-
ted to the Houfe of Corrtaiou for improper con-
dal, and rendered incapable ever after of holding
aly (aviation um.ler the inaitution.

On Tuefday, the ad init. the dwelling-houfe and
work (hops of Mr. Edward Tovey, clothier, of
Road, in Somerfetlhire, were wholly confumed
by fire. It happened as follows : the maid fet vent
and two boys got up early in order to brew ; in
about half an hour after, the thatch juft over the
furnace was difeovered to be on fire, by tome
means communicated from -the flues. The boys
immediately alarmed their mailer and miftrefs,
who had but juft time to flip on their clothes and
take their two children with them : the houfe be-
ing wholly thatched it was almoft inftantly in
flames. The neighbours were alarmed, and
of in facing the greateft part of the fur-
niture, but the flock in trade was nearly all con-
fumed. The wind was very (till, otherwife much
more damage would have been done, Mr. Tovey
having three large hay-ricks nearly adjoining the
werk.thops, which were miraculoufly faced from
the raging element. The damage is eftimated at
8 or spool.
On Sunday fe'nnight, Mr. Trail's malt kiln at
Montrofe, took fire, and notwithilanding every
affiance was afforded, a great pat of the malt
therein was deftroyed.
On Thurfdav bat an alarming fire broke out in
the premifes of Mr. George Hogarth. farmer, at
Sunlaws Hill, m the neighbourhood of Kelfo;'
owing to the violence Of the wind, the barn-yard,
barn, cowhoufes, cottages, ice. were entirely con-
fumed before alliftance could be procured.
' Monday night a fire broke out in the cellar of Mr.,
Haaatsow,Ludgate-billovhith burnt (event' pack,
ages, and threatened, for fume time, to involva the
whole premifes in flames, but fortunately it ..wab.
prevented from extending further by the erections
of the fervants, and Firemen belonging to the Hand,
in-Hand Fire Office.

dent the Plaintiff's legs were fo la(
was prevented from following his
weeks, and was obliged to have r
affillance ; in confequence
brought th• prefent aaion to rev
gm:station lot the injury he lad fo