Star.
London, England, 1823-08-14 00:00:00

BLAKENEY RACES.

Those Races, on \V&nesday se'unight, were very numerously
attrnded.

The Town Plate of 36 soverins was won by Major Wilbon's
Lawrence, heating Mr. Smith's Sailor.
Sweepstakes of five sovereigns each, with 30 added. Major
Wilsou's bL 1. by Juniper, walked over.
Handicap Sweepstakes of five sovereigns-each, with 20 added,
Was won by Mr. Wante's Huntress: heatirg two others.
The Hunters' Stakes of 20 sovereigns were won by Mr. Dew-
lug's Brush, beating Mr. Chaplin's Haphazard.
The Ladies' Purse for nag horses was woe by Mr. Gibbs's
Radical, heating Mr. Gay's Violante.
Match for 50 sovereigns, Mr. Smith's Sailor beat Mr. Gibbs's
Radical. •

Five sovereigns for galloways was won by Mr. Goulds pony
Smallbopes.
Match for ten sovereigns, Mr. Gould's Smallbopes brat Mr.
Underwood's Amy.

CRICKET.
The match between Camberwell(with Evans given) and King..
ston (with Watts,• Bransgrove, and Nelhams, from Richmond
given), was played on Tuesday, at Hampton's Cricket-ground.
Camberwell, which terminated in favour of Camberwell:

KINGSTON. CANIZIWILL.
Ist Innings - - 100 Ist Innings -
_d Ditto - 61 2d Ditso -
161
PEDESTRIANISM.
Four-Rses.—A match for £5O a-side took place hat week,
on Knutsford Race Course, between a potter, from Stafford-
shire, and a Lancashire man, from Audenshaw ; which the for-
mer won by two yards and a half. The distance was ISO yards.
MATCH 7110111 MAIDSTONY TO LONDON.—Mr. G. West, the pe-
destrian, started at one o'clock yesterday morning from Maid-
stone, for twenty sovereigns, to go from thence to Highgate,
computed at 42 miles, in nine hours and a quarter. The under-
taking was a great one, considering that the road, from its hills,
is one of the most difficult out of London. The pedestrian
reached Birchwood Corner (20 miles). in ten minutes less than
four hours, and refreshed, and started again at five o'clock. He
proceeded at something more than four miles and a half an hour,
and arrived at Westminster•bridge at eight o'clock, refreshed in
St. Martin's-lane, and left himself an hour and a half to perform
the remaining part of the distance. He had twenty-two mi-
nutes to ascend the hill at Highgate, and he did it in ten mi-
nutes very leisurely, and won the match easy.
THE LATE BOXING 'MATCHES.
bight, the conqueror of the game Curtis, may be considered
the best man of the day of his weight, under 11 stone, and he
bids fair for the Championship at some future day. lie is under
*2O yeirs of age, and in height about five feet eight inches, of a
fighting mould. He is an abstemious young man, who indulges
in no libertine pastime, who follows his businea, as a little mas-
ter in Whitechapel, but has a }trong propensity for the fistic art.
He was on the unpopular side in his fight; but all the brawling,
and baitinp of the ring had no More effect upon 'him than the
barking of a dog, in diverting him from his object. lle is a
strait left-banded hitter, sod heavy with the ric;it.when close in
at a rally on!). lie wants practice to make him perfect, and
nothing but the ring will do that for•him. Neither of the hewn
men could be removed from Hampton on the day of the battle.
•

- 81
- 81

INQUEST. •

16:7

An Inquest was, on Tuesday afternoon, commenced
before Mr. HICKS, at the Golden Lion, King-street,
St. James's, on the body of Elizabeth Rowley, who
was supposed to have come to her death from vio-
lenee exercised towards her by Mary Byrne, • but
which was adjourned to yesterday afternoon, for
*ant of evidence.

James Rowley, the husband, deposed, that last Sa-
turday week a scuffle took place between the deceased
and Mary Byrne, when he saw Mary Byrne strike
his wife, and afterwards kick her violently. He forced .
Mary Byrne out of the room, who declared, as she
was leaving it, that she would murder his wife.
Mr. Alcuck, a surgeon, deposed to having. visited
the deceased last Friday and Saturday: thelollowing
day she die.J. Since her death he had exan:ined.the
body, and found no marks of violence either exter-
nally or internally. The general symptoms of dis-
ease under which the patient laboured were sufficient
to account for her death.

Catherine Joyce deposed to having attended the
deceased till her death. About three hours before,
witness urged her to retract what she had said re-
specting the extent of the injury received from Mary
Byrne, if k was not true; reminding her that she
was on the point of death. Deceased replied—" I
commit myself to ALMIGHTY GOD, before eihorir I
declare that my death was occasioresd by Nary
Byrne, and here (pointing to her right thigh) -I're.
ceived the injury." •
Mr. Thorns's Rose, surgeon, examined the body,
and found the right thigh, and leg considerably
swollen, evideritly the result of inflanicnation. There
were no traces whatever of any injury. He considered
fever and erysipelas to have been the cause of her
death. Erysipelas'is frequently produced in feverish
patients by very slight causes. He thought the erysi-
pelas induced by the blow.
During the course of this investigation the Jury
had frequent conversations together, and thrice re-
tired to another room. In the result they found their
'to-diet-4g That the deceased died of lever, caused by -
blows received from Mary Byte."
The CORCrNER thought the verdict too open, and
suggested that they should reconsider it; as deter-
mine whether it was justifiable homicide, or murder,
or. manslaughter ; as, on the verdict tendered, ~o
proceedings could be fOunded against Mary Byrne,
who is already in custody. As the _Jury; b9Werer,
persisted in their verdict, the Coronertecoraerr*- •
The Publicof Limerick are depriveilist seArig r.
Rears and Mr.'W,anot, in con,equenCe oft-the want
of a' Theatre. Mk:KEAN has been im.a Ask with
Mr. Moonsi at the Marquis oft:um:7.6les%; terry. •

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• . -1

IL

%i

ASSIZES.

BIA 1 DSTON F., AUGUST 12.
HANDtAM, ESQ. V. MOCK RTT.
Mr. MARRYATT stated the case to the Jury.—The
plaintiff was a Gentleman, residing at Bramston
House, in the Parish of St. Peter's, in .the Lie of
Thanet. The defendant was a farmer, who occu-
pied a field immediately adjoining Mr. Hannam s
rookery, for disturbing which the present action was
brought. The defendant justified his conduct, al-
leging that the rooks entered his field, and were the
means of doing great mischief to his canary clop;
hut it would appear that the defendant was actuated
by a malicious motive, in consequence of some re-,
cent parish disputes. The plaintiff also complained
of a bean-boy, or scare-crow, which had, been placed
on a tree in the defendant's field, near the plaintiff's
grounds, with the pretended view of frightening the
rooks from the field ; but there was-some circum-
stances connected with it,. which induced him to be-
lieve that it was intended as an' effigy to represent
the plaintiff. It would_appear,' however, that the
defendant could have no reason for any apprehen-
sion that his crop was in danger, inasmuch as it was
a known fact that the seed was too small and too hard
to be the subject of the depredations of these birds.
Thomas Wall, examined by Mr. GEM 142.2.—1 am
master of the Workhouse of St. Peter's, and receive
the profit of the labours of the poor. In March, last
year, a pauper of the name of Scoates was employed
by the defendant, to keep away the rooks from his
field ; he had a gun, and some powder and shot given
him, while he was lere. Plaintiff's and defendant's
land is only separated by a road. I went on the spot
one morning, and observed Scoates firing at the rooks,
though I did not see a bird in the field. He stood
close in the corner of Mockett's field.
Cross-examined.--I did not see him load with shot;
he had shot with him.
Josh. Sandwell, examined by Mr. ADOLPHUILI
was servant to the plaintiff last March. A bean-boy
was put up in a tree in defendant's field, and a stage
or platform was erected below it for Scoates to fire
from. He used to be there as soon as it was light in
the morning, and stayed there until it was dark. He
used to fire from the stage or platform, and when he
was tired of that, he came down into the field.
Mr. ADOLPH us.—He quitted the stage and went
into the green-room. •
Examination continued.—As soon as the rooks
came into the rookery he fired at them. The plat-
form was 136 yards from the plaintiff's house, and
close to the rookery. There have been 100 nests less
this year than thole were last year.
Cross-examined.—l have been in the plaintiff's fa-
mily thirty-six years. I have lived in the house seven
years. The plaintiff has very much increased the
number of the rooks. I think there are many more
rooks now than there ever had been before. The
bean-boy was done over with brimstone-
Mr. MARRYATT.—It may be proper to observe, Mr.
Hannam's mansion-house is called Bran:stall Hall.
Robert Tomlin, examined by Mr. GURNEY.--In
the spring of 182.2, the defendant called at my house,
and said the plaintiff had been very troublesome,
and his rooks equally so, and it was his intention to
destroy them. He said he should soak peas in ar-
senic, and scatter them on the land, and the rooks
would drop from the trees by dozens in t night. I
remonstrated with him, and told him- if would be
discovered. He said, then, he would obviate that,
by soaking tares, which were of the same colour as
the land, and they would not be seen. He came,
again to me last spring, and said the rook fight had
begun this year, and he would do for the plaintiff by
destroying his rooks. I and my father occupy a good
deal of land, on which I grow some canary seed. I
do not consider that the rooks do any harm; I think
they do good.
Several other witnesses were called, who proved
that defendant was in the constant habit of firing at
the plaintiff's rookery, and that rooks did no injury
whatever 'to canary seed, but were of advantage to
the fields by destroying the vermin.
A witness was called, who stated that he had sent
thousands of young rooks to London, for which he
received four shillings per dozen.
Mr. WALFORD submitted to his Lordship, whether
such an action as the present was maintainable? Here
there was no proof that this was an ancient rookery.
Two or three witnesses were called back, who
stated that rooks had been in the habit of building
their nests in the trees in question for upwards of SO
years; there had, however, been some years when
there were none.
One of the witnesses said he considered the plain-
tiff's as a very handsome rookery.
Mr. Baron GRAHAM asked the defendant's CHOW
sel if it could be shewn by any authority that rooks
were fere naturor, and protected by law? and who-
tiler it had ever been held that an action Vas main-

tainable for disturbing the place of their resort? He
did not recollect any instance of an action being
brought for disturbing a rookery, though he was
aware heronries were protected, they being consi-
dered as constituting a part of country sports.
Mr. WAcroan quoted part of an Act of Parlia-
ment, passed in the reign of Henry VIII. which
recited, " that whereas an innumerable quantity of
rooks, choughs, &c. destroy and consume a wonder-
iul and marvellous quantity of corn of all kinds, as
well in the sowing as in the reaping of the same, and
also cause a marvellous decay of the roofs of barns,
stacks, icc. it was therefore enacted, that every one
should do his best to destroy them, under pain of
amercement, and the taker thereof should be paid
two-peace per dozen."
Mr. GURNEY intimated that the statute referred to
had been repealed by the 18th Elizabeth. The Act
which had been quoted,*nd the subsequent one by
which it had been repealed, were similar To an. Act
of Elizabeth, which was passed to restrain the mei.
uive making of malt, and another, the object of which
was to restrain the-growth of that pernicious plant
called bops: both these Acts were to be found in the
same volume.—The objection was not allowed.
Mr. WALIPORD addressed the Jury on the part of
the defendant. The present action, he said, was one
which verified the adage, that " the play was hardly
worth the candle." It was one Originating in a vin-
-diCtive feeling against the defendant, Mr. Hannam's
poorer neighbour. What the defendant had done
l&ad been only in self-defence; .for, when it appeared
die pfairitirs rooks came to breakfast; dine, tea, aRe

sup in Mockett's field, and made their exit in the
evening, without paying the reckoning, lie did con-
ceive the defendant was fully justified in taking such
steps as would for the future prevent their unwelcome
visits. If the notion were Correct, that these birds did
no harm to the farmers' fields, but, on the contrary,
much good, bow did it happen that in their rustic
rambles at seed-time and harvest, they saw in almost
every field a lad designated the crow-boy ? Another
question was, by what medium were they to estimate
the damages ? how were they to estimate the value
of the rooks ? It had been said, that the young
rooks were sent to, the poulterers in London. It was
true, he believed, that it sometimes happened the un-
wary cockney had now and then ate a rook in his
pie, whilst he fancied he was eating a pigeon. It was
the first time in his life be had ever heard of a rook-
pie ; he certainly felt no great inclination to taste
one. He had, in his walks now and then through
the fields, met a stray rascal gibbeted on a pole, as
an example to his thievish companions, and he al-
ways thought that was the only use made of them.,
He might with propriety ask his Learned Friend,Mr.
Gurney, if be had ever eaten a young rook pie?
Mr. Baron Gnanast.—Not knowingly, I dare say.
Mr. WALFORD wasquite certain his friend had not,
unless his poulterer had imposed upon him a crow
for a pigeon. He really believed that the imposition
often was practised; the rook was sent to town in his
suit of black, there he was picked, powdered, and
puffed, and perhaps the cockney's sagacity was un-
able to detect. the fraud. He saw no mode of calcu-
lating the value of these rooks. If, however, even
that were practicable, he trusted that, this being evi-
dently a litigious and vexatious suit, they would give
a verdict for the defendant.
Mr. Baron GRAHAM, in summing up, told the
Jury it was a question he believed yet to be decided,
whether a rookery could be considered as actionable
property ? It was for them to estimate what da-
mages the plaintiff had sustained by having either his
pleasure or profit abridged by the act of the defendant.
It was a matter of regret to him, that a case of, this
kind had been brought there, at a large expense, and
that Gentlemen of their description should have been
called from their homes to decide such a question.—
Unquestionably, a marked motive of malignity was
manifest in the conduct which had been pursued by
the defendant ; it was unneighbourly and improper ;
but still the action appeared frivolous, for they even
had no grounds given them whereby to estimate the
quantum of damages. One mode of forming an esti-
mate had been offered to them—namely, the sale of
young rooks to make pies. It was the first time he
had heard of such a practice ; he believed it some-
times happened that rooks eggs were intermixed with
plovers' eggs, and sold as of the latter description.
Those palaces could not be very delicate, he thought,
that could eat a rook pie, under the notion that they
were partaking of a pigeon pie; it was only a strong
stomach, he fancied, that would be disposed to en-
counter such a repast. The only way they could cal-
culate the damages, if they thought it a correct cam,
would be by considering the number of rooks which
had been killed, and then giving the plaintiff what it
lradheen proved the poulterers paid for them, viz.
four shillings per dozen. It was for them, however,
to consider if such a mode of estimating the damage
were proper or not?
Mr. ADOLPHUS...v.OM witness has proved that there
were 100 nests less this year than last; supposing
there to be four young rooks produced from each
nest, that would be 400, at four shillings per dozen.
Mr. Witamono.— My Lord, my friend Mr. Adol-
phus makes no allowance for rotten eggs!
The Jury consulted for a few minutes, and then
found a verdict for the plaintiff—Damages 20s. .
John Hargreaves was indicted upon the Coroner's
Inquest for manslaughter, for having killed Ralph
Croft, at a village near Kirby Lonsdale, on the 80th
of May last.
Mr. BLACKMAN stated the case for the prosecu-
tion. He said that the unfortunate deceased had met
his death in i boxing-match with the prisoner at the
bar, who had repeatedly knocked him down. The
deceased never rose after gee last blow. he received
on the left temple ; he was 'taken to an adjoining
house, where he lay for three days in a state of insen-
sibility, and then died. It would appear that the
' prisoner struck every blow which had been given, and
that the deceased had not given 'one when he met
his death.

It appeared, from the evidence, that the deceased
was the aggressor.
The prisoner, when called upon` for his defence,
supplicated the mercy of the Jury.—Two respectable
witnesses pie him an excellent character for in-
dustry and sobriety.—The Jury found him Guilty, but
recommended him to mercy on account of charactet.

Yesterday morning, as Mr. Holmes and Mr. Ro- 1
bertsen, of Old North-street, Red Lion-square, were
returning through Hampstead to town, us a born 1
and gig, at the descent which leads directly into Hamp-
stead from the Heath, they ma: a water art in the
*4l
middle of the road, drawn ' horse wholly unat-
tended. The horse in the i lag extremely: ski-
sited, would not pass the cart,but began&ngingsn,
a most alarming manner, and in a very minutes
would have dashed the gig to pieces, had not one of
the Gentlemen (Mr. Robertson) jumped out and seized
.hini in time to prevent any serious accident ; as it
was, one of the shafts of the gig was broken in pieces.
._ Monistic AmaioNiAns.—The following is given
by a Morning Paper, as an extract of a letter from a
General:o(6;er serving in the blockade before Bar-
celona. Our readers may believe it if they please :
~ I am lodged in the house of a Colonel of Militia,
who,. our approach, retired with his regiment
„Fi
be-
hind tbelines. His wife is a Lieutenant in the same
regiment, and gives daily proofs of devotion to the
military service. She must be a handsome woman,
if I ;an trust her portrait left in the bed-room which
I now occupy. I' do not know what she may do in
the field ; but her animated countenance and depot
person could not fail to gain conquests elsewhere.
You will be surprised td find, my friend, that we are
to be opposed by the'Lidies, but this is not a solitary
instance. There is a company entirely. composed of
female warriors, consisting of fifty-two, who some-
times approach our lines- Their air is extremely
Martial, and their intrepidity is said to equal that of
the other sex in their 'heroic nation.' They wear the
' casque; and are armed with a lance. We have been
discussing what we should do in the case of an attack
from these Amazons."

.A. -

POLICE LVTELLIGENC'E.

BOW STREET.
Ftrattb.—siestes Rogers, alias Brown, who WES
brought up on a former day, charged with attempt-
ing to defrand.Mr. Scott, a tailor, in Pall-mall,•of a
sett of clothes, was again pot to the bar yesterday;
wlaqn a new charge was ineferred against him by Mr.
*Ward, tailor, in Hanover-street, Hanover square.,
Mr. Coward stated, that on the 29th of January,
1818, the prisoner went to his house and bespoke a
suit of clothes, and a morning frock coat. lie re-
presented himself to be Major Hepburn, of the 4th
Polish Lancers, in the Russian service. On the
Sa-
torday evening they were sent home to the prisoner,
according to his order, at the Oxford Coffee-house.
The forentan who carried them had strict injunction's
not to leave them without the money. The prisoner,'
on finding thatthe foreman would not depart from
his instructions, was a good deal mortified, and talked
of some misunderstanding with the bankers. He
agreed, however, to accompany ttie man to a friend
of his who would satisfy him as•to his respeetablity.
The foreman and he went together to Mr. Copeland,
surgeon, in Golden-square; and the prisoner being,
shewn into Mr. Copeland's parlour remained with
him some time. On coming out Mr. Copeland tdok,
leave of him with apparent cordiality. 'l'he prisoner
then said Mr. Copeland was an old friend of his ; but
having lost sight of him for some time, he did not
much like to -become responsible 'for his debt. lie
finally said he would proceed to Mr. Coward's, and
reached his house between.nine and ten o'clock. He
saw Mr. Coward, to whom he read a note, which, he
said, he had received from Messrs. Stephen Thornton
and Co. that morning. It was to the following effect :
—" Messrs. Stephen Thornton and Co. present their
complirnents•to Major Hepburn, and have no imme-
diate recollection of any letter of crejit in his favour
from Messrs. 'Thornton, Coley, and Co. Petersburgh.
They will, however, be glad to see him on Monday ;
and in the meantime they will be happy to honour
his 'draught." On hearing this letter read, and also
being informed that the prisoner was acquainted with
so respectable a man as Mr. Copeland, Mr. Coward
was thrown off his guard ; and he incautiously agreed
'to take his draft on Thornton and Co. for £l6. 6s.
which was the amount of his bill. The prisoner then
wrote a formal check on the house in question, which,
be signed with the name of Hepburn, and inclosed it
in a letter requesting that they would accept and
pay it. This done, Mr. Coward sent for a hackney-
coach, the clothes were delivered to the Major, and ,
he drove off. Scarcely had he quitted the house, how-1
ever, when it was discovered that he had left the note
which he read as from Messrs. Thornton and Co. this
being read by Mr. Coward, he at once found that he
had been duped, for instead of concluding with the
words which had been repeated by the prisoner ai
part of the contents-4, They will, however, be glad
to see him on Monday, and in the meantime will be
happy to honour his draught," Chet conclusion was
this—" They will be glad to see him on Monday
morning, with any letter of which he may be the
bearer from their Petersburgh friends." This was so
palpable * misrepresentation, that Mr.,Coward lost
no time in proceeding to the Oxford Coffee-house, to
have some further conversation with his customer.
He soon reached his destination, but his fears of being
cheated were completely realized. The Major did not
return, and on his portmanteau being inspected, it
Was found a perfect void. From that time to the pre-
sent he had in vain sought for the prisoner, and now
discovered him from the report of the proceedings at
this office in the daily papers. On subsequent inquiry
of Mr. Copeland, he ascertained that the real name
of the prisoner was Rogers, and that he.had heen for
some time one of his assistants. He had also been
, with Mr. Brooks, of Blenheim-street, the lecturer,—
The prisoner was remanded till Monday neat. There
are several other 'similar charges against him.
MELANCHOLY CASE.—A young woman of inte-
ratting appearance was brought before Mr.
under the following circumstances :—lt appepred
that she was seen wandering about St. Martin's-lane,
in a state of great distress, and on inquiring into the
cause of her situation, she stated that she had lived.
in service at North Shields with One master for siz
• years and a half ;.that, unfortunately, while there, a
man who represented himself to be a coach-spring-
maker, paid his addresies to her, and believirig him
to be respectable, she entertained his proposals of
marriage, and ultimately was married.to him; her
master, from her previous good conduct, giving hey
away. On the ceremony being concluder', het little
fortune, which, with her own savings and, the contri-
butions oilier friends, amounted to, 100 sovereigns,
was handed to her husband. For some time he
treated her kindly, and ultimately brought her up to
Windsor, under pretence of seeking work. . Here he
remained till 'last week, when he suddenly deserted
her, without a farthing in her pocket. She
.fOund
her way from Windsor to town, and was now com-
pletely destitute.
.
Mr. HALLS, with great humanity, promised •to
write doWn to her law master at North Shields, and
if her story proved true, to have her conveyed to her
friends. In the interim, he gave directions fur heel
comfortable accommodation in St. Martin's work-
house. ' He has also directed than search should be
.
made for her husband. „AI:,
Boar-ze•Bastsz.--C &Hare WiWillil
h y committed for steal-
t* "entity of plate freed the Souse la Mrs. Bell,in Holies*
wrests towhich he seismal seeesaly mes4sig :down she area steps,
Taspiskalias Tsar*, alias Was, wu 409114 by
.+t
.a marine storekeeper, with assattlti4 iser• Übe that rtia
prisoner throve her en a bed sod her by the ibreit-vilth-one
band, while he best her about thr.bead with a hammer, and
would, doubtless, have murtiread her, bad not her. screams
alarmed a lodger, 144 illacesed her from his clutches, when, by
the aid of a watchman, he' was, with his char mule 'who assisted
him, taken to &verse:ls-house. He was comtditted, with orders to
give twenty-four boars' notiewof bail.
Quenar&inaae,—.T. 44ness, driver of the hackney-coach, No.
96ii, was fined I.o&_imAreste, for extorting 33.4 d. for a fare from
Charing-Cross to Mies, the "kosil fare being only2s.
stetalingifins Seiska
„kiddies,
itiffiraintensyaearips efin
iternage, %arse anueetmitt. ed for
CORE, AUGUST 60--EXICUTION.--ThiS•CIED.
211• Donnell and Dapid Nagifi, tnr taking away arms
from the house of.the Rev. Thomas Towniend, and
jag! gra. Noonars, , for taking arms from the house of
Mr. George Rogers, underwent the theadful sentence
of the law, at cAllowsiteen : there was an i
.191nesse
coonn. m
cpurseooof
nißecnell, taL:ho rstoshewai,tersmchucisba' rwefssgnuleatzecioun:
ti
persisted in declarations' of innocence. Nagle also,
whilst In jail, stated this man's innocence.

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vaprca..=

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