Star.
London, England, 1825-04-02 00:00:00

LW'!' ASSIZES.
BURY ST. ST. EDMUND'S, MARCH 31.
BUTT, MUM, V. FRUDGZTT.

This tithe ca•ise, which has been before the public in
the Courts of Equity and Law, for nearly seventeen
years, came down here a third time for trial by the di-
rection of the Court of King's Bench, as they were of
opinion that on the two former occasions the Judges put
the subject matter to the Jury more on the law of the
case than the facts, which the Court were of opinion
weie alone what the Jury had to decide upon to put an
end to this cause. On the former occasions the verdicts
were for the plaintiff, who is the Vicar of the Manor of
Lakenheath, in this county, under the endowment of
the Dean and Chapter of Ely, in whom the Manor is
vested, and who are the real plaintiffs in this action.
The defendant is a proprietor, in common with many
other persons, of certain land which is attached to that
Manor, and called the " South Fen,* and was in for-
mer times a commonage. and which, of late years, is '
greatly improved and highly productive, and thereby
rendered more valuable to its owners ; in all consisting
of about 6,000 acres. Of late years the Vicar, under
his supposed endowm • , claimed-ttre tithe of hay over
this land—a thin ever before demadded at any pe-
riod within the r collection of man ; arid although the
tithe of every other produce was set out, yet it was
considered by the proprietors that, front time immemo-
rial, there was an exemption of this land of the tithe of
hay, and the defendant refused to set out his tithe of
hay, and this right of exemption was consequently
brought into the Courts of Law to be decided. The
original writ of endowment was lost. An immense
mass of documentary evidence was gone into on both
sides, one to establish the Vicar's right, the other to
skew the immemorial exemption of the proprietors;
and the question left for the Jury was, whether, tram
all the documentary evidence before them, the Vicar
was endowed ; and if he was, whether the terms
of the original endowment contained an exemption
or not, of this particular part of the lords lands
from the tithe of hay ? The Jury, after an hour's
d liberation, found for the defendant. This cause
took up nearly a day and a half, as it did on all for-
mer occasions, in consequence of the voluminous mass
of documentary evidence which was read over, and
which had to be commented on by the Counsel on each
side, the details of which were most dry and uninte-
resting. Tne SOLICITOR-GRNZRAL conducted the
plaintiff's case, and Mr. Licari whose father was
deeply interested as a proprietor, led for the de-
fendant, and shewed a most extensive and intimate
knowledge of tithe laws in all their ramifications,
and which drew forth frequently the praise both of
his Lordship and the Solicitor-General. Thus ends the
Lakenheath tithe cause. The verdict seemed to give
general satisfaction, and was one which was not at all
expected by the adverse party.
Sarah Barns stood indicted for . assaulting John
Raynham on the King's highway, and violently taking
from his person a purse containing notes and silver. The
prisoner had been accompanied by two men, who fled.
The Jury found the prisoner Guilty..
His LORDSHIP addressed the prisoner—He said she
had been most properly convicted, as being the instru-
meet of some other persons in committing this high-
way robbery ; and it was to be lamented, for the justice
of the country, the other accomplices were not taken.
He had a great doubt whether he should not pass the
sentence of the law upon her, and leave it to be carried
into execution. The only thing which caused him to
alter his mind was. that it did not appear she struck
the prosecutor, for if she had used violence, then indeed
sire should have been left to her doom, as in justice to
the country her life would have been forfeited. Her
life was saved ; but she could expect nothing more, as
she would quit this country most probably for ever.
The prisoner, who during this address was dissolved in tears,was
then removed to prison.

YORK, MARCH 31.
STANFIELD V. SMITH AND OTHERS.

Mr. ALDEIWN stated that this was an action on a
policy of insurance to recover from the Ipswich Ami-
cable Laurance Company the sum of 1,5001. being the,
amount insured on the plaintiff's premises, which had
been consumed by fire. The defendants pleaded that
the policy did not contain a just description of the pro-
perty and the materials of the building ; that the goods
were misdesciibed ; that the claim was a fraudulent one ;
and that the premises were set on fire by the plaintiff
or his servants.
Mr. &ARIA= stated the case. The plaintiff was a
manufacturer of Prussian blue at Hanroyd, near Hali-
fax. For a part of the year 1823 he carried on that
business in partnership with a person of the name of
Emmett, on a limited scale. That partnership was
dissolved at the conclusion of the year, and he cons.
menced at the beginning of 1824 to conduct the busi-
ness on his own account. Hitherto the article had been
manulactured in a small building, which he found in.
sufficient for his purpose, and he erected a new factory
on a larger plan. He had both the old and new factory,
or dry-houses, as they were more properly called, in-
sured at the office of the Ipswich Company—the former
for 50W. and the latter for 1,5001- including the mate-
mils and goods which they contained. In the month
of October, 1824, the new dry-house was burnt
down, and everything in it consumed, and it was for
this loss that the plaintiff claimed damages by this action.
The new dry-house was an oblong building, which was
calculated for the purpose of drying the Prussian blue
alter it had been manufactured from different materials.
there was a stove at each extremity of the building on
the outside, from which heat was communicated to
every part of the interior by iron pipes. There were
four sets of racks disposed in parallel lines along the
building, upon which the blue was placed in lumps,
and thus exposed to the action of the heat. When it
was sufficiently dry, it was deposited in casks ready
for sale. Mr. Stanfield had a considerable stock of the
article prepared in October last, and also undergoing
the process both in his new and old dry-houses. Seve-
ral casks of the prepared blue were deposited in his
1711 dwelling-house, which was about seventy yards
i out the premises, a few in the old dry-house, and
about fifty-two casks, besides the blue disposed on the
racks, in the new dry-house. Hearing that there was
a good market at that time for the blue in America, he
went to Liverpool for the purpose of making arrange-
ments to ship a considerable quantity of his stock to the
United States. While he was in Liverpool, he received
a letter from one of his az.sistanti, stating that the new
dry-honse had been burnt down on the morning of the
28th of October, and everything in it consumed to
ashes. He instantly returned to Hanroyd, and hot found
the fact to be as it was stated. From the circumstances
or the case, as it would appear from the evidence, acre
was little doubt that during the night of the 27th, an