Star.
London, England, 1802-08-25 00:00:00

ODF, TO MANCE.

Can i•', thou, vh; burg w!th prouldifiLin
1•1,0 ;ick in SIAVCrI'..I
('atilt ?hots. o wi:lt rack:
The ;
u.)1„.• • v0r...:.;...tice burnt
lict ;:,' . •..:
'Macy, 1). z.et ;
Cdn'a thou, 0,1:.,. thae 41,:f:twd,
AuJ, with ca..hp.,•,-r;: to 21WArAilTic bind!

Wait for this thy ws role,
And paraly s'd vat hordes of Foes;
tlif; all proslizuli.f
y ruflislam:d the irdityw:ng !trite.
A•id, ii!v: the D:fart's burning breath,
N.".l....re'er they they fcatteed Death

1. or this, with many a gaping wowed,
Thy darin; Sous have ftrew'd the ground,
And, girt with fmoking gore and hills of Ida,
liar.: glories) in Usti:cm/s a, aml fpurn'dth'OpptelforsChatu!
When DRITA/• jailed the unfurl array,
And her proud Navy ploughed the tea,
Was it for this beneath the wave
Thy Samen band a marry grave;
For thhq, when all around was wreck,
And mingkd horrors flabeil the dra,
When 11,orly fettling towards their fate,
11'hile the broad banners waved
elata—
W.t. is for this they " fa Nati, !"cried,
Stunted the fulnuiflisc a•.fl, and felt the o'erwlmiming isk!
Was it for this the furrowing Sire
Has ken his bleeding Boy expire;
ror OF the Matron fad and pals
is s told her fists 's difeltrous tale;
For this the Widow oft has preft
With tears the Hurtling to her breaft
Was it to lift the ambitious Soul
Of Otis above the matron!,
That thus dire War kft millions to deplore,
Amidst broad Earth and Seas were tusg'd with Human Cord
No:—Fearkfs FRANCK ne'er be found

Like the hug% Brute on India's ground,
That thru' the ranks impetuous fweeps
And loads the Geld with mang:ed heaps,
But yet, each recce of carnage o'er,
Obeys THAT goad be le* before
Not...Fearlefs PRA et th..n am Mani&
Thole Rl4hts which milßoas died to On
And loon, tho' laurel Wreaths her Chains adorn,
Shall thew a growling World that Chains AA& snit art
stoat!
Oh, Flatlet, thine energetic Sod
Will never brook UNJUST cantroul,
Will never crouch to Sbr'ry's load
Nor bear th'Opprelfor's iron goad!
No :••••Fa awe a, who bade her Monarch fan,

Will neer before this Idol crawl;
Will neer receive with atijid awe
A MAIIIIAL DIMPOT.II WILL as Law I
Ne:—Baniat Fear, ye Mends of Rumen Kind—
to a Giant's Arinzaites a tor. Yin; Mind!
He who eervolsehns his Country's Fos,
Yet bp hls Country's Freedom low,

Mutt fear, tho' girt with Gouda oad date.
From each bold arm Tut a ?ATI;
And Theo, uferpiug Warrioo—Thow
To whom the weak, the timid bow..

Tbos SPLSNDID cyan, whelk aalons rolls
That Stew can be undone by nova;
Tbou Fos to Man, ',hail by Martial breath.
Tley march is on a Moe, thy Wry dream Is dest%
And, wlen this Meteor's baleful rays
Are heft in Fretdism's ardent blazt—

Tei--whul indignant FRASCe 1611 rife,

Her form all serve, all tire her eyes,

And fawning e'en the Sayoam's heat,
'hall (weep this impious fcourge away,
llirrThen with drgnaled mein no more
Shall Man his Fellow man adore;
Thai or his powers Sall ratttcr►r.t prefide,
And the Wight filar of Truth Stall prove his polar guide!
jinn, a LI)WARD
-

ASSIZES.

WARWICK ASSIZIS.

A cash of great importance to the intereft of
all men oflanded property, was tried before Mr.
jufhce H ATM, and a moll refpeaable Special Jury
of the county. The ettießion was, whether a pay-
ment of 13d. per acre, in lieu of all tythes, great
and fmall, in a Lordship called Street-fields, in the
parilh of Monks Kirby, in that county, could be
fupported as a nam/ar; it was proved on the part
of the occupier, Mr. Cook, by old witnetres, that
no tythe in kind had been ever rendered in the
memory of any living perfonotor any tradition of
tythe in kind ever paid; and a proceeding in a
caufe in the year 168 i (which, howevei was not
decided) mentioned the payment as confidered at
that time to be an old rate of tythes; the Rector
infitled upon raffebull, and produced the taxation.
of Pope Nicholas, fo far back as s= t, and tome
very old inquifitions and returns of le value ofl
the place, to thew that, fine time efuennery,
the evLe/e ReThry of Monks Kit by, of which Stmt.'
frld was ea 'y a tart, was but of the value of
a 11. 6s. Bd. and that, therefore, this payment of,
sot. in lieu of the tythes only, f one (mall part,
souk! not "ply have called beyond legal memo
ry, viz. Richard the Full, which w:ts in the year
ifto ; but the learned and very experienced Judge
who had tried the caufe, explained the law on that
lubje& with great precifion, and informed dietary,
that unlefs they could confeientionfly find that it
was limper:6le for the payment to have been made
as COMpOiltiollfer iyibet at that early period, and
there was great uncertainty in all the evidence ai
to the value of the Lind, and more Co of the prise
of tors. in thofe early times, it calk to belirgasied
in favour of the payment, •s a rondos; for that
for the fake of quieting pofellions and the titles to
men's dilates, the law does not countenance the
felting afide fuch ancient payments, but will pre-
fume all that can be.prefumed in favour of them.
The Jury. without befitatious folvidfr; the ti tr.
, .

MT TAM AMU.% AITC.6.
RUSSEL V. WILIWISON•

This was an aainn of trover, to recover the
vain.: of fome trees cut by the orders of the de-
fenchnt, in a boundary hedge which feparated his
elate, of Stockly, from the plaintiff's elate, of
Bra ndsforth.

The parties arc both of them Gentlemen of con.
liderdhle preptrty ; the plaintiff is father to the
Mr. Ittlirci, who was the intfucce4ful candidate for
Durham, in the year 18c3.

Mr. PARK, in flating the Plaintiff's cafe, ob.
'rred, th..t this action was nor brought much
f .1- the vahle of the trees, which were not ellimat-
,l at more than 141. as to determine a more im-
portant qiiellion to the parties, the right of pro.
reit!, in the ground where thole trees were cut.—
l'he fence in que!lion, the plaintiff contended to
!se his pi °p.m', from the general cullom of the
country, which, when Oates are feparaied by a
hedge, a ditch at one fide of it, gives the
property of the hedge to that eflate on which fide
the ditch is not; independent of this, which he con-
ceived to be the general cuftom of the country, he
could prove that, for the laft forty-three years, the
moll unequivocal acts of ownerthip had been ex-
ercifed over this hedge by the different perfons
who owned the Drandsforth ellate during that pe-
riod of time, and to whore rights the plaintiff be-
came entitled, upon his purchafe of it from the
late Mr. Tempell. Thole alts of ownerfhip and
property confided in their often repairing this fence
at their own expence, and in their having cut, at
different times, during that period, feveral large
anl valuable trees from the hedge in queflion,
without aoy manner of ohjeelion on the part of
thole from whom the defendant derived his title.

The fire witnefs produced, on the part of the
plaintiff, was one Weltham, the very perfon who
cut down the trees in queftion, having purchafed
them from the defendant, and who, on that ac-
count, had been himfelf involved in a law.fuit with
the plaintiff: his admiffibility as a witnefs was
ftrenuoufly objeded to by the defendant's Coun.
fel, who infillcd, that as he was the original mil
parer. it was again: him that the prelim anion
ought to have been brought. The Learned Judge,
however, over-ruled this objeaion, on the witnefs
declaring that he had been releafed from all fur-
ther anions on this account. The witnefs proved
the fale of the trees to him by the defendant.

A great number of witnefres proved the differ-
ent aas of ownerfhip (fated by the Counfel to have
been exercifed over this hedge by the former pro-
prietors of the Brandsforth caste I they differed,
however, as to the cuftom of the country, decid-
ing the property of .t boundary hedge, in the man-
ner Mr. Park had 'fated two of them faid, that
whofoever property the hedge in queftion might
be, yet two or three of the trees which were the
fubjea of the prefent aaion, flood at leaft two feet
removed from the hedge on Mr. Rail's fide of it.
Mr. TOPPING on ere part of the defendant, faid
that this lift piece of evidence, extracted by the
plaintiff's counfel, from the witnefres, only (hewed
afiably attempt on the part of the plaintiff, to
(teal a verdia, by proving a minute damage when
the ation profetred to be for a ferious one ; thofe
1 attempts, however, generally chewed a finking
caufe, and, in the prefent inftance, he *tufted;
would be unavailing. As to general ails of own-
erfirip, he could prove as many of them on the
part of that from whom the defendant derived
is title, as e e p intiff had proved : they too had
Lot down trees th:re in former periods, and clip-
ped the hedge when they thought proper, and as
for repairing it, he had many more inflances to
prove, of the hedge having been repaired by the
defendant, and thole fiom whom he claimed, than
the plaintiff had produced on his fide he conclu-
ded by fubmitting it to his Lordfhip, as well as
the Jury, that if it appeared that there was no ge-
neral cuttom of the country, determining the pro.
perty, there were as many ails ofownerfhip on the
one tide as on the other ; and that the parties had
always ufed this hedge as tenants in common; in
fuch cafe the prcfent aaion would not lie.
A great number of witneffes proved the differ-
ent acts of ownerfhip l:e had fired fome of them
contradicted in point of fat, what one or two of
the plaintiff's witnc Ire had fworr., and all of them
were unacquainted with that principle which the
plaintiff had relied on, as the cu flora of the country.
Mr. Juftice CIIAMBRI laid that, in his opinion,
neither of the parties had an exelafive right to talk
rd
./ha* wimps on the fide of the other. When
it was confidered that the prefcnt aelion was be-
tween Gentlemen of confiderable fortune, who
pt °felled to defpife the value of the trees in queA
lion, but were only anxious todetermine their right
of property, he confidered it at lull as fiably
on the part of the defendant to catch at little points
ofioefeit, and to contend that this allion was not
properly brought, as it was on the part of the
plaintiff to endeavour tofida verdia, by proving
that one or two of the trees, cut by the defen-
Jancesorders,laytwofeet from thisboundarybedge,
and on the tdaintiff's fide : if a verdift was given
for the value of thofe one.or two trees, it could
have no fort of bearing, no more than a non-fuit on
the other tide would have upon the quellion which
the parties profefred themfelves fo defirous to bring
to an iffire, whole property this boundary hedge
really was? for his part he withed that, inliead of
an aaion of trover, fome other fpccies of aaion
had been brought, in which a verdia given would
're more decifivc of the right as the cafe now
lood, he thought the jury had better not pay too
much attention to thofe nice and hair-breadth dif-
• inaions, which it might have been the duty of
Counfel to &nett ; but which, if fuppokd to form
the bafis of their verdia, would, intlead of decid-
;ng any thing, lay open a wide field for future li-
oration : be thought they had better form their
le-citron-90 the broad principle of comparing the
credibility of the number of wittrefres on the one
fide, and the aas they proved, with thofe produc-
ed on the other fide. His Lordthip then (lammed
tip,with great accuracy,aud at confiderable length.
the evidence given by the prodigious number of
witneffes, that had been called is this mice—
. Firtrelt /or Ales:dash

POl./C.X.

UNION Hat.t..—Yellerdtsy COUld Pipr /bract:,
a Qtack 'Doitor, and proprie:or of a grand Mc
dical Elaboratory, at the Duke of liamilton's
Arms, in Great Charlotte-Rreet, was brought be-
fore the Magiflrates, charged upon the oath of a
Gentleman who lodged in his houle, with having
affailed him, not with pellle or pill, bin wi:h his
fills. It was fworn that the Count, uponhis lodger's
remonfirating with him upon the impropriety of
his ahufing refpeaable pei Cons who cllkti upon
him by laying, loud enough to be heard, they were
blackguards ; had rulhed upon the complainant,
knocked him down, and liruck him when down:
in which operation lie was stained by a gentl
damfel, Mifs Mary Hamilton. The Doaor tie
Med the charge, and infided the complainant had
&II afl'aulted• him. The Magiftrates refirred the
lubjea to the decifion of a Jury at the west Seflions
for the County. The Doaor complained that hi,
lodger had ufed him cruelly—that he had cut oH•
his water cock, and he had not a drop of water to
fprinkle in the ladies faces who happened to faint
in his (hop. He alfo brought a heavy charge
againft the Gentleman for playing the piano ante
on Sundays, and making merry with his friends.
His lodger recriminated, but the Magillrates laid,
they had done all they could by referring the bu-
finds of the alault to the Seffions.

Bow ST E er.—On Friday Taft two of the Bow
ftreet ptrole obferved a Jew boy take a IquAre
deal box out of a cart in St. Giles's, which appear-
ed to have been carrying it for him. He conveyed
it to a noted receptacle for flolen goods in Bowl
yard, where the patrole followed and fecured
together with the box, which, with the prifoner,
was immediately brought to this office. On be-
ing opened, it was found to contain nearly too
weight of counterfeit coin, made to refemble a fil-
ver'Prutlian coin, of about the valve of fourpence.
This offence, by the Statute of the 37th of the
prefent reign, which paired in confequence of the
great number of counterfeit dollars then in circu-
lation, was made a mildemeanour ; and every per-
fon, in whore poffeffion foreign counterfeit coin
than be found, is liable to a fine of five pounds for
every piece above five, or to be committed to the
Houle of Correction to hard labour for three
months.

Yellerday the Jew was brought up for a fecond
examination, when the Solicitor of the Mint at.
tended, and the cafe being made out, the defen-
dant was convieted in the penalty of 251. being on
five pieces • and in default of payment, was or•
dered to be committed to the Houle of CorreCtion,
Cold Bath Fields, to bard labour for three months.
A falefman was convieteal in the penalty of Ss.
per trufs, on 47 trulfes of hay loon of weight,
fold at the St. James's Haymarket; and another
perfon was convieted in the penalty of is. per trufs,
on 67 trulTes fhort of weight, which were fold at
Paddington.

M A toms Hovs c.—Yefterday three perfons were
charged before his Lordibip with being difnrderly.
When this cafe was examined, the charge could
not be fubfkantiated. One of the parties charged
was a refpdtable hook keeper, who raid he had in-
terfired in the bnfinefs from feting the other two
ill ufed, and that the officers immediately dragged
him into the watch houfe. He told the officers
that he would give any bail for his appearance ;
they, however, refuted to take bail, and tiled hini
in the moft barbarous manner. His Lordfhip faid
that this condo& was not to. be borne, that he
was at all times ready to prote& officers when he
found them difcharging their duty, but when he
found them thing in open defiance of all peace and
good order, he fhould confider it his duty to con-
demn them. He, therefore, ordered the perfons
to be difcharged, and raid, that as one of the par.
ties could not defray the expence of profecution,
he fhould order it to be defrayed at the City ex-
pence. The other Gentlemen, attended by their
Solicitor, faid it was their intention to profecute
to the turnoff rigour of the law.
Another man, who raid he was a Cullom Houfe
Officer, was charged in the fame manner. This
man, however, it appeared ',vas drank when he
came to be examined. His Lordflaip enquired in.
to this bufinefs, and from the enquiry it appeared
that the parties, after they had left the Compter,
had gone to the public houfe, and been drinking
for near two hours. His Lordlitip reprobated this
condo& and faid that he fhould commit the con-
(table for the prefent i accordingly the conftable
and his prifoner were both committed, and order-
ed to be brought np to-morrow, when it was hoped
they would be fober.
Charlet Sharp and int. Carktos were committed
for trial, on fufpicion of ftealing coffee and other
goods from the quays in Lower Thames-ltreet, the
property of the merchants.

HATTON Gaanam—Yefterday a young married
woman (Tabitha Sullivan) came to the office,
fupported by feveral women, for a warrant againft
two others for an inhuman affault, committed on
her in Caroline-court, Saffron.hill, yeflerday moi fl-
ing fhe Rated, that one of the women dragged
her by the hair, and held her fag, whilft the other
kicked her over the loins and feveral other parts
of the body ; a man was in the room, lying acrofs
two chairs, who did not offer to refcue the poor
woman from the fury of there viragoes. She had
feveral fainting fits in the office, in confequence of
the internal bruifes the meived. The officers went
after the offenders, but could not find them. The
poor woman, it is fuppofed, will not recover.
THAPM Pouca Ovrica.—Yelterday Perry be-
longing to this office brought a large quantity of
goods from a place near Shadwell, in the paif
fion of two females, furpeeted to be part of the car-
go of the brig Adventure as appeared upon pa-
per, but which were never (hipped. The women
being brought to the office, made a difclofure of
the perfons who left them with them, who are
now in cuftody, to anfwer for the charges brought
againft them by the underwriters.
The above officer has recovered above a thou.
fend pounds worth of property in this nefari-
tranfadion.

The Ladies were bound in recognifences to be
forthcoming to give evidence.