Star.
London, England, 1801-04-09 00:00:00

COUNTAr NEIYS.

Heti., Arm 2.—On Sunday morning the
body of a &Leeman named Appleby, was found
drowned at South-end: his lots is attributed to his
Aiaving had occafion to rife fame time in the night,
and unfortunately falling over board, as he flipped
and went to bed the preceding evening with the
other men belonging to the Elting vellel.
Since our lag, was committed to York Cafile,
dole %Anton, of Eryholme, labourer, charged up-
on furpicion of having felonioufly Rolen and taken
away from out of a field in the occupation of M:,lt-
MADUICY WEI-maxim., within the townikip of Dal-
ton-upon-Tees, isue ewe Steep, value 3os. the pro.
petty of the Paid feloestoati WIT usaiLt.
gtsvcssrtt, Aram 4.—Dariug the lea fix
months, usbounded depredations have been cow-
iniued its this 'aeiglibourhood, that of Shields,
Seaton-Pelaval, Cramlingtion, dsu clgecially hook.
breaking, rabbit% of pig-ityes, hen-roofs, &a. On
Tuefda.7 fe'uniett, its the morning, about two
o'clock, the houfe of a poor man at Lowlights,
named John Taylor, was out:weed to be broken
into, but the noitc occationed by the opening of
the window antler alarmed Taylor, who inßantly
jumped nut of bed, and feizing a mufquet load-
ed with fwast-fhot, ran out of doors, where meeting
a man arrised.with an inftrument called a tom-
paw (a fort of hatchet), he attempted to level the
but at that moment the villain (truck him
with great violence on the head, by throwing the
inftrunicut at him, which rather itunned Taylor ;
but Coon recovering hinifelf, he fired the murquer
at the fellow (then running off), but miffed him.—
The Ihot prude the wall of aifford's Fort, and
alarmed the guard conflantly kept there. The
toll woe inP4utly called, mad an artillery-man
found mi(fiag; ea this, search was made at Tyne-
mouth, where the man lodged; then he was found,
and, on invelligesiast, fiseli a.fcene of villany w:,s
unfolded, as has bees, rarely. eiramylified. In the
Louie, a:;d in the Wittiness- ir, were found Ptak
fielit and fished, turkeys, hams, pork in pickle
(much of it putrid), bags of Sour, recently Nolen
from Shields, kirsch), an-ticks of wearing-apparel,
known to Ise Stolen, ..c. Heckler is the name of
one who has stoned ev.,:lence, and-confeifed fundry
robberies is toujoneion with Ryley (the man Shoe
at) and two Atka* s of thenames of Brown and
was. The Thtlrt;lay foilowing. Ryley ant Heck.
were e4unrnitted to Xorreth gaol by the Ma-
giiirates for C.aftle- WArJ, and firmer; Au',
=as were brought bete for 1;i:
much in:treating information relative to the rob-
beriesoosnatittedin the above neighbourhood by
tins manage ri*::oins,.is expoled on further
sedan. They all belong to eic 413 l e' Artillery
Atotionoi-at TN:mouth

Enfant:atm, Aran. 2.—On Friday night tali
Rachel Ferguires, lately fentenced to tranfportation
beyond feat by the High Court of Julliciary, fur
(leafing lace out of a ihop on the North Bridge,
and for being habit and repute a common thief,
found means to make her efcape from prifon in
men's clothes, and has not Bice been hard of.

ASSIZES.

At Gloncefter, a eittiti; of great confequence to
landlords and tenants, was tried before Mr. juf-
tice Rocizx and a_fpecial Jury. It was an ejett-
ment brought by Mrs. Stephens, a Lady of great
fortune, again(' her tenant Mr. Rogers, on a right
of re-entry, referved in the leak. between them,
on a breach of any of the covenants. the breach
in this cafe infifted upon was, that Mr. Rogers
had in the !all year ploughed and fown more than
one half of the arable land demiled, which.was
contrary to the ftria letter of a covenant. On
the part of the plaintiff, it was proved that this
violation of the covenant had been committed, if
land fown with turnips came within the intent of
the reftriaion. The defendant proved that he had
been tenant to this family, under leafes containing
the fame covenants with' the prefent, for forty
years ; that during all that time, he bad uniformly
purfued the fame courfc of hufbandry, viz. the
five-field coorfe ; that in no year had he fown with
corn to the amount of one half of the land, though
he had every year from the commencement of his
tenancy, exceeded that quantity in fraying with
corn and turnips ; that the courfe of hufbandry
fo purfued by him, was the moil beneficial to the
elate, and that the farm muff have been materi-
ally injured if the covenant had been flrialy ob.
(erred; that the late Mr: Stephens, who was an
excellent agriculturift, and his predeceffors, had
known and approved of the defendant's manage
ment of the farm; and that the plaintiff herfelf
had waived the forfeiture if any was incurred, by
allowing the defendant very lately his plough-
bote and free-bote under the leafe. The learned
Judge, in his addrefs to the Jury, Rated it as the
law, in his opinion, that a breach of covenant
like this, fo long acquiefced in, fhould not be con-
verted into a caufe of forfeiture, unlefs the land-
lord gave the tenant previous notice of his inten-
tion to enforce the covenant ; that there was a
great difference between what might be pleaded
in juflification in an anion of covenant, and what
would operate in an ejeament as a waiver of a
forfeiture ; and that in this cafe there was abun-
dant evidence to imply a waiver. The Jury found
a verdia for the Defendant.
On the Crown tide! at Glouceller, two trials
occurred, which ought flrangly to operate on all
perfons as warnings not to play with fire-arms in
a ralh and incautious manner. Mr. Smith, a con-
fidcrable clothier of Wotton under Edge, was in-
dieted for the wilful murder of his wife. It ap-
peared in evidence, that the prifoner was attached
to theatrical amulements, and was often in the
habit of reciting and acting paffages of the drama.
On the afternoon of the accident, he had been
amufing himfelf in this way, making ufe at the
fame time of a piftol which was in the room, by
tiourithing it in his anion, and pointing it at the
company. When the piftol, however, went off, no
one was in the room but Mrs. Smith, and their
child, a boy about eight years old. The prifoner
inftantly ran into the fireet frantic with diftrefs,
rufhed into the firft houfe oppolite, and exclaimed,
" I have (hot my wife!" The witneffes fpoke of
the agitation of Mr. Smith on this occafion as
greater than any thing they could defcribe. On
furgical afliffance being called in, it was difcover-
ed, that Mrs. Smith had received a wound by a
bullet through her head, which was of fatal con-
fequence. A great many perfOns, and among
others, the mother of Mrs. Smith bore teftimony
to the harmony with which Mr. and Mrs. Smith
lived together, and of the kind and affeaionate at-
tention with which, as a hufband, he had always
concluded himfelf. Mr. julliee LAWILINCE
ohs-
(erred to the Jury, that the queftion of murder
was put out of the cafe by the evidence, there
being no proof whatever of any malice entertain-
ed by the prifoner againft his wife. The only point
the Jury had to try was, whether Mr. Smith had
on this occafion aaed with due and proper caution
If they were of opinion that he had eondueed )
himfelf improperly and incantioufly, in tiling this
pifiol, they ought to find a verdia of manflangh-
ter, but if they thought the unfortunate event
was the re alto( accident only, without any-biarn:
being impntable to the prifoner, they fhotrht ac-
quit him generally.—Verdia of acquittal.
Charles Long wai indiaed for killing and flayin
bismuth Bryant. On this trial the proof was,
that the prifoner, in the evening of the sth
of No-
vember laft, was utou'ing himfelf with firing off a
gun loaded with wet tow, at the time that bonfires
and other tifttal demonlintions of jny on that day
were exhibiting. The deceafed, in company with
feveral other perfons, was fitting in the porch of a
public houfe. The prifoner had been in conver-
Pation with them, and the deceafed had given hint
warning to he cautious, by faying, take care,
And do not (hoot mc." No words or any expref-
rein of ill-will had parfed'betwczn them. Notwith-
'landing this caution, however, the gun Went efr
))y lonic mcans,and the contents palling acmes the
porch were lodged' in the head of the deceared.—
Of this wonnd fhe foots afterwards died. Mr.
Juftice Lawaxaca', in funftning the evidence up
to the Jury laid, that he did' not' think' the Frith.
Iner on thicoccafton had atted with proper caution.
He had received a warning from the deccAfed,
and though there was no gronnerto impure ma-
lice to him, yet porons lint were not to be fport-
ed with throogh irtfrwelence t acct' if in entire-.
Aquence of any' imprudence in the .pyifinter, the
deceafed had loft her 11*, he Was criminally' itn-•
&made: Perhaps the prifoner had meats' rrkrely
ko ahem there women, hot he warned perfinis a-•
ain II &yelling thenifehres with thiiforeciridle
*ars, which were often alanded with fatal- eon%
itittcuees. If The jury Wete'or opinion that tar'
*lroner nit this median lAtd dfted without cilic
caution, he was id last guilty of trianilinglitcr..
gtrry'aecnrdingly returned *MI& ot man:
fief . ter; tut- the pilone? was fettencit to 4
rioothiimprifiJneitio: •