Star.
London, England, 1805-07-05 00:00:00

LAW INTEL[IGENL..

COURT OF KING'S BENCIi, JULY 4. -

nit COSISIISSimitAs of THE toTAL HOSPITAL AT
GESaNwiCH V. ROBERT HoOPsit.
This 'Mon was brought upon a bond, the condi-
rian of which wag, that the Defendant fhould inflrua
• Pertrofe Whittle in the art of navigatirm as
apprentice. The breaches affigned were, that he
!tad negkaed fo to do, and that the boy was em.
:,loyeti as a ihoemaker. and a common labourer.
Mr. G.ARROW.f.siJ. that conneaed with the fplen
did eftablithments of Greenwich Hofpital, there was
a !Chord for the education of youth intended for the
'ea fervice. The perfons taking apprentices under its
:.nipices were reqtnred to give bond in the penalty
• f rel. that the bnys ffionld be infiruaed billy and
••Ic 1;111 welb in the art of navigation. The preferva-
:•• n of this femittary for the ilipply of the navy was
• cgteat national importance. l'he Defendant had
,bufed the intlitntion, and the Plaintiffs, with the role
.:ew of perfrirtniag an important duty, had corn-
:lenced this ;,Rion.
Several witnettes were called, but none of them
nofficiently ettablithed the identity of the apprentice ;
at lad, Brown. one of them, was recalled, and being
confirmed by Richard Smith, Cletk of the Cheque to
'lce Hofpital, the difficulty was rentored.--Verdie
ii r the Plaintiff's, 2cts.
The next caulk was againd Mr. Mien, who join.
:I in the bond mentioned in the preceding aftion.—
The (Anse proof was admitted. and the tame verdia
was found ; but hefnre the Jury gave their determi-
nation, the Defendant prefented hintfelf on the floor
of the Court, and requeabd permiffion to fpeak on
Li; own bel.alf.
Lord Et ckatinsouc tt.—" You may ark any quer-
tions you pleafe of the witneac, and you may o'b-
l...rye upon the frac, brit yon cannot fpeak to the
14as in which you are yontfelf concerned."
The Defendant then faid, that he had not the
fotalleil knowledge of any of the circumtlances with
;Jot& to Samuel Penrofe Whittle.
Lord ELI.ENnoitoUGH.-4, You, perhaps, cannot
better than leave it to the Jury, who have (hewn
the difpotition with which they received the teflimony
in the former caufe."

71FNKFT V. TICTRIAN•
This was an at!lion brought by the Plaintiff, a Q2a,
kn., to recover from the Defendant, by trade a white
t'asith, the film of 51. being the penalty annexed to
.he having in his r.ffefilon a gun for the define-
'inn of game, he being an unqualified perfon.
Mr. Torriac, for the profecution, raid, although
thefe were not in general popular mites, yet the pre-
fent was loch a one as, he hoped, would meet the
approbation bath of the Judge and of the Jury. Not
only had the Defendant violated the law, by having
iu his poffeffion a gun for the deftruelion of game,
i-,ut he had been tonnd tsfing it. in company with
three others, and attended by a fetter, a fpaniel, and
.soo or three other dogs, on Sunday, the loth of
li
I.ebruary latt, in the grounds occupied by the brother
of the prefent Plaintiff, who was a refpgßable far-
mer under the Duke of Devonihire, and was alfo
game keeper to the Dean of St. Paul's, the Lord of
the Manor.
Th• only witnefs called was the brother of the
Plaintiff, in whole grounds the poiching was al.
ledged to have taken place. He limed that he oc-
cupied a farm belonging to the Duke of Devonlinre,
in the neighbourhood of Chifwick, confitting of up
ward: of two hundred acres, in part of which there
was game of various forts, and immediately adjoin•
ing to which were a park and covered field belong
ing to his Grace.- On the morning of Sunday the
loth of February he obferved four men attended by
fcveral dogs, among which were a fetter, a fpaniel,
scc. in one of his fields. Two of the men were nand-
ftill, and the other two Were Milking up and
down in the ti.:ld, with guns, while the dogs were
t,•:iverfing. 'File witnefs went up to one of the men
svho had a gun, and after fome altercation, and hav-
iug informed hftn that he was game keeper to the
Lord of the Manor, took from him hls gun. The
Defendant Olen came up, claimed the gun as being
his property, and offered to fight the witnefs. On
Lis crofs,examination the witnefs denied having em-
ployed the attorney for the iroAcution.
Mr. Gaaaqw, on the part of the Defendant, al-
lcdged that, of a (Ingle Newfoundland dog, and a
finall mongrel puppy, having neidter the inclination
nor tt.e ability to fearch for game, the game keeper,
who was both Plaintiff and wands in this cafe had
been Able not only to font; a fetter and a fpaniel, but
even to multiply the number, and of two to make 1
four or five. It was not the Wind's of the Jury in
this cafe, to inquire how far an induftrinus tradefman
*Om ha dlaboured hard all the week, was entitled to take
little relaxation for himfelf, on Sunday. Neither
...ere they called on to judge, if in doing fo, it would
t...',:tter that he confined himfelf to a harmlefsexcur-
ti•ot v.ith his family, without taking with him the
caul ith which almoft every man in there kingdoms
*vat nt.tv armed ftr the defence of his country, to
aniut;! hitnfelf in thooting a few (mall birds. Neither
4.lihele were at prefent fads for the confideration or
the jury ; but limply this—Had the Defendant, in
the prefent intlance, armed himfelf with his gun "for
deilration of game ?" Su far from this being
care, he afferted that the Defendant not only had
hoide for the purpofe of deftroying game,
in tad, had not at all fired his gun. He came
Hammerfmith, where he refided, alcng with a
....Lon of the name of Conftable, from whom he with-
e..! to purchafe a gun for an acquaintance, for the
porpofe of trying the gun. The proof of its fitness
was Conftable3 killing. witlt it two inks, to perform
v.hich he went ashore In a field occupied by Bennet,
when he was attacked by him, and was deprived of
nis gun.
Three wirneffes, confifling of Conflable, the gun-
' foCith, a waterman who was in the boat with the
Defendant, and a young man, his apprentice, con-
tinued in Rating, that the finding out game was no
~art of the hufinefs.on which they had ict out that
.he Defendant had not been on fhore above fix or
minutes when he returned to his boat, vrhich
he again quitted only in confeepaence of the difpute•
Nltween his friend Conflable and Bennet; that the
Rfendant had not at all fired his gun, nor had they
even leen him load it; and that there were only two
.*.ogs in their company, one of them a mixture of a
fostntilad and a mongrel fpanicl, belonging to