Star.
London, England, 1804-02-24 00:00:00

Mr. Norman, the Turnkey of the Fleet, had been
employed by Mr. King on a fir:tiler errand to Mr.
Duff ; but this perfon, perhaps, inftruded in a lefron
of prudence, by the incredulity with which Captain
Coppeithwaite's evidence was received, and horn
the narrow elcape of that deponent horn the cells of
Newgate, delivered his teftimony with more caution,
and proved nothing at all applicable to the counts
in the Declaration. Paine atfuital.
THE XlllO V. WRIGHT.
This was an indiament for obaruding the King's
highway.
-Mr Fellingham, the profecutor. had made a very
cnnfiderable purchafe of land on the banks, and in
the vicinity of the Paddington Canal, in that part
which is inclofed between the Ushridge and Harrow
toads, within the diftance of a few miles from Hyde
Park Corner, and on a diftriet which has long gone
under the name of Wormold Wood. The quellinn
arnfe on a crnfs road, of the length of two miles,
which cuts at right angles the two roads we have
mentioned ; the expence of the repairs neceffary to
this road was ellimated at about 30001. and the
objectof this adion was to determine by whom this
expence Otould be defrayed ; or whether it was a
mere private way, which the contiguous parithes
were not to be required to repair ? Melfrs. Eames
and Law/a were concerned for the profecution, and
Mars. Glsas and MARMOT for the defence.
Mr. Eascina.—is The queflion on this indiainent
' will be rejuced to this: If the road in queition-be
or be not a high road. open to alt the King's I
jells ? With great inconvenience I went to examine
the place; and I am convinced, from the mere in.
fpeaion, that it is a road of this defcription. Yon all
know there is a canal from Paddington to Uxbridge.
which, from the immenfe fiftem of internal naiigs-
tion lately adopted, eftablithes a communication be-
tween the capital and the ma difiant coats of the
ifland. The proprietors of that canal, by the amine
under which they are authorifed to proceed in this
great public work, are required to snake a path-
way, a bridle-way, and a carriage-way, b bridges
over the canal, wherever the channel obaruas -the
ancient paTage. Ido not ufe it as a conclave ar-
gument. but as a Rrong prefumptive one, that this
was a public highway, when I tell you, that after
having examined the pretenfions of the parties,
id the
furveyors of that work confiruaed a fpacsous brge
for the tranfit of waggons and vehicles of every de.
,kription.. Mr. Fellingham has purchafed fisty acres
of land in this neighbourhood, and he is
not
this &na-
to be
minded from the ancient advantages f
tion. My Lord will recollea the furprife he espref-
fed, when I maintained an anion upon a queflion, if
there citified a highway upon the broad pavement in
Lamb's Conduit-ilrect. A man had difpofed of his
boas in that lireet, and he faid,to his occupants—
, You mull That up your doors, and your windows,
and let the premifes run to decay, for you flu& have
neither egrets or ingrefs, without an action of tref.
pais.' My LordIKTOW bid. it was not toe en-
dared, that a man thould fell his houfes, grant a
public tight of way for a given time, and then
rot and
with
draw that right, and expofe the premifes to
rain on their own foundations. The importance of
communication in the road to which the prefent in.
diament applies, is of great confequence to the com-
munity at large. An adjacent market is commenced
at Paddington, which no doubt, in a few years, will
become the centre of the capital. when Covent Gar-
den will be confidered, probably; a contemptible
appendage of the fuborbs. It is not lets important
to the individual. Mr. Fellingham has crated, at a
confiderable menet, a Tavern for public entertain-
ment, to which perfons retort alternately for bufinefs
and pleafure, and whether for the one,or for the other,
it leeks and it demands the protcaion of the law."
Mr. Dumas tn produced three and twenty
witneffes, by whicheh he endeavoured to fupport his
pofition, that this was a road by immemorable cut.
tom; but in the opinion of the Jury, it was not
eftablifhed no fatisfadory grounds.
Mr. Gibbs, on behalf of the Defendant. produced
nearly an equal number of witneffes, to thew that
the road was a private means of crimmunication for
the fanners in the neighbourhood, and that thole
who had no right of common on Wormold Wood,
were trefpaffers.
Lord Essemaciaouom.—" The cmeßion is, if
this be an immemorial highway ? With yelped to the
allufion to Lamb's Conduit-treat, where there has
been a public fireet, on which houfes have been
eroded, and which houfes have been fold, every
thing will be concluded to efiablith the right of pall
fing and repaffing to the premifes. It is true, and
has been fupported in evidence, that the Defendant
has that up. the road in queflion. If it be a public
road, be has done wrong : if it be a private one, the
charge in the indiament does not apply to him. AI
public road mull be repaired and fupported at the
public expence, milers under peculiar circumftances
not to be here confidercd. There is no evidence on
this caulk, hat this road has been repaired at the
public or parochial expence : and if the right had
been in the public to demand this repair, nn doubt
can be admitted but it would ltare been enforced.—
No engagement on the part of the public has been
proved by theft aged and infirm wituelTes. Here is
a gate keeper, the gat< s are found to be frequently
locked, and no femblance of a general right is fup-
ported, which mutt be releafcd from foch impedis
merit. The matter feemsto me to be fo clear, that Ineed
not enter the particulars of the evidence. If,
Gentlemen, it appears to you in a different light, I
will detail the tttlimony which I have taken down on
my note bock, with much attention, and I hope with
fufficient coreeetnefs. Not Guilty.

COURT OF COMMON PLEAS, FE& 13.

CAILTEW IP. WWITTINGTOII.
This Was In salon to recover r7l. for goods fold
and delivered.
The Plaintiff is a leather•dreffer in the Borough,
and the Defendant a dealer in fins,
in the fame
neighbourhood. On the 3d of laft Ottober, part of
the goods for which the prefent ration was brought,
namely, federal dnaens of Sp.tnifh goats' acing, were
fent to the Defer.dant's hoof.: ; fhc'rtly after which.
,he Defendwit's hulband died in the cosmtry, and h.s
affairs were difeavered to be in embarralred, that i
Lis vt,,periy was c-nEdered infuflicient to ray his
crtd:t rs; it was, theietore, agreed to by the lat-
i:rr, 11-1; Mrs. Whiitingtcn Chntild continue the bun-
nci.<, lilt means it defraying the debts. al
acroldiralY ;atoms's* die l'Lliutiff of her Ilufb.taes

. .
death, and pincheed more dans of him to the
amt.uut of 101. the bill. for which were made in her
name. The Plaintiff, fhortly after the delivery of the
101 l mentioned ileitis, fent the Defendant an Attor-
ney's letter, to enforce the payment of 1 71. which
the Defendant refufed to pay, as the 71. debt had
been contra Bed by her hulband. and the could not
fatisfy the Plaintiff without doing an injury to her
bonded creditors ; the, therefore, fent h lon with
the money, to pay,thedebt, and ther e fame was
tendered to the Plaintiff, but lie fell into a violent
, palm, drove the young man out of his honk, and
would not accept any fum under his fitll demand.
Upon thefe circurallances, which were proved in evi-
-1 dente, the alinn was defended ; and Mr. Serjeant
Bssr contended, that the Defendant had tendered
the whole fhe was liable to pay, and that the Plain-
tiff had no claim upon I%er for the debt contratted
while her hufband was living. Several witneffes
proved that Mr. Whittington died on the 6th of Oa.
three Jays after the goods for 71. were delivered.
Lord ALIANLIT Paid, he was of the lame opinion
as Lord Kam vow, namely, that where the full amount
of a debt was tendered, no aBion ought to be
brought : in the prefent cafe, he thought the money
had been• fairly tendered. The Plaintiff could not
recover the debt contraaed while the Defendant's
hulband was alive, if there were any bonded credi.
tors; hot if the Defendant had affets to pay the
whole of the debts, then the Plaintiff could recover,
and he was at liberty to bring another aBion imme-
diately againft the Defendant.
The jury returned a verdie for the Defendant.