Star.
London, England, 1813-03-15 00:00:00

ESSEX ASSIZES.

CHELMSFORD, MARCH IL
THE FING V. WELLESLEY POLE TYLNEY LONG
WELLESLEY.

This was an indictment which has excited consi-
derable interest in the county, as it was to try the
right of the public to a right of way through Wans-
tead Park.

Mr. Serjeant BEST, on the part of the prosecution,
stated, that he appeared to vindicate the right of the
public against an attempt, which, for the first time,
had been lately made to deprive them of an ancient
right of way. The defendant, as they well knew,
was a Gentleman of high rank, who had lately mar-
ried an heiress of most extensive possessions in their
county. For him and his family, the Serjeant pro
fessed he felt the most profound respect ; but within
a " little month" after his marriage, while it might
have been expected that the defendant would have
been far differently amused, he began to new-model
all the household. The ancient and approved ser-
vants of the family were dismissed, and the admini-
stration of family affairs confided to new hands.—
They began to discover rights, which those who for
a series or many years had managed the estates, had
never dreamt of ; and one of their first acts was to
attempt to shut the public out of Wanstead-park,'
through which there had been'an immemorial right
of way. He should prove, that the way existed even
before the place *as enclosed as a park. Wanstead
House had belonged to many eminent persons, and
amongst Others to Chancellor Rich ; from whence it
descended to Sir Josiah Child, who was theancestor
and founder of the Long family. The Earl of Cas-
tlemain inherited it from the Childs : from Lord
Castlemain it descendeti to Sir James Tylney Long ;
and the present defendant married the heiress of that
family. None of these persons whom he had men-
tioned had ever ventured to dispute the eight of the
public—it remained for the present defendant to
make that bold attempt. In fact, he had already
stated, that the place in question was formerly part
of the public forest of Waltham ; and althdugh the
King might of his grace have granted to some of
these Noble persons the right to enclose a part of the
forest to 'make it a park, yet he could grant no
more than belonged to him ; he could not grant
away the subject's right ; he -might give away his-
own land, but nothing short of an Act of Parliament
couldsdeprive the subect of his right of road. He,
therefore, should call his witnesses toshetv that at
all times there had been a public road through' the
park. He had thirty-two witnesses present, and he
should go on calling them until his Learned Brother
should cry out—" hold, enough- !" Many of them
were the most respectable Magistrates in the county,
and many of them aged persons, who could carry the
things as far back as human memory could well do.
He understood that some distinction was to be taken
as to waggons, &c.: but the law of England knew
but three sorts of public roadsa—a foot-road, a bridle
or horse road, and a carriage-road ; and if he proved
it a carriage-road for any one sort of carriage, it was
a road for all purposes ; for where a chariot had a
right to go, a dung-cart had an equal right to follow ;
but if they should prove that no loaded waggons were
ever seen in the park, he had a very easy answer, for
there was a sharp and steep bank at one part of the!
road, which Made it more convehient for a loaded cart
to go round, and be should prove empty ones in
abundance passing through the place. • He would
call his witnesses, and incontestably prove these facts.
Benjamin Bigg, the first witness, was a surveyor;
he produced a -plan of the roads claimed. The one
was from Ilford and Romford to Woodford or Wan-
stead, which entered at a gate called the Flat of Fo-
rest gate, went through the park in front of the house,
and went out at a gate, called Wanstead gate;—the
other was from Laytonstone to Ilford, and entered at
the iron gates in front, and nearly pa wing the house,
joined into the other road. He had known the park
for many years, and had always uscel these roads as
public highways ; the gates -were swinging gates,
and bad no-locks upon them.
---- Appleton, late steward in the family, stated,
that in the month of Ap,il last he shut up the gates,
by order of Mr. Wellesley, by a chain and lock. Mr.
Wilson came with a blacksmith, and forced them

den. again..l4.lilzewsiers, chained thens, and
ordered a trench. to be.clitur.oss the road. pace
`daring Sir,James Tylney A's time, he :hitt thki
,gates but Mr. Jit isantpiet and MG 11:Wilber Gascoig'l
immediately seat to Sir James,
and insisted the 001
014:)u,41 be opened. Sir James told him to reopen tile
gates, saying, he did not choose to have a rtim?us
1).4744 Eatept.on these occasion the road had al-
, ways been open. •
' ThOmas and John Esqrs. we Qrailerara
of the neighbourhood, had known the park all tht.•
UM, and they never kikew.any iutertgpason to the
pulctlic in trsing.these roads. -
Thomas Gribble,an healthy old man aged Mani
a great grandson 'of !(Ale ;of Crcentwea's Captains
proved„.tliat when he WAS il.vrix,ion of his, wls;
lived* ViTanstgad, alvays drove him for an airing
in the Park, lie basing then had ,Sts of illness.
James and Joiiah Ogle, Esqrs. VI. ltaikes, Eq.
late Sheriff of the County, and several others,
evidence as to the Park having been used for a
road during their remembrance. • • •
Mr. Justice HEATH here interposed, and said, sur.:iy
i the right of a public road was proved sufficiently, un-
less it could b.,' explained.
Mr. Sc73,!ant Sin:PllEtto justified the conduct or
Mr. Wellesley in at least enquiring into this. certainly
most inconv.Tient practice of passing. through liis
Park, and cia;ming 's light to go under lip:very %ia.
dowi, and 'Offend his princely .mansion with the p.i,.
saoe of Unseemly carriages. If the right were with
the public, Mr. 'Wellesley would cheerfully submit
to the verdict ; but surely, under such circumstances.
he was justified in instituting the inquiry. The Ser.
jeant then c.Jled some witnesses; but their testimony
was so weak, that the Learned Judge directed the
Jury to find the defendant Guilty, which they slid
without hesitation.

The cause lasted nearly the whole day.
14 I: KDEII.
William Dodd, an itinerant seller of fish, was cea:
victed of murdering his wife, by stabbing her with
table knife. The deceased had been guilty of several
acts of misconduct, particularly in stealing several
articles from different places, which the prisoner had
paid for to s'tve her from prosecution ; and on the day
of the unfortunate transaction, she very mum it-6.
rated the prisoner by abusive language and menacing
attitudes, when he, having the knife in his hand, gave
her the blow which terminated her exilitetice.

The Assizes closed on Saturday.

At the Essex Assizes, on Thursday last, Mr. Wrr.•
LESLEY POLE TYLNEY LONG WELLESLEY faile44 tO OUST.
his :tenant, GEORGE WRIGHT, Esq. from his extensive
farm of RQchford Fall, in that county, by a Species!
Jury, after a long trial, returning a verdict in favour
of the latter as defendant.

BANKRUPTCY ENLARGED.
April 29. David Heans,"of Bala, Merionethshire, shopkeeper,
dealer and chapman, at ten, at the Green Dragon, Eimer.
BANKRUPTS.
John Elhlngton, late of Rugby, Warwickshire, carpenter anti
jokier, dealer and Chapman, to SUIT r aarch 24, at six,
March 25, and April 24, at eleven, the Spread Eagle Inn,
Rugby. Attornies, Messrs. Kinderley, Long, and Austen,
Gray *-Inn, Loudon ; or Messrs. Caldecott and Benn, Rugby.
William Dowdier and Michaca Collins, of the Old Change,
London;. watehonsemen, dealers, chapmeo, and coparners,
March 20, at one, Much 27, and April 24, at twelve, at Guild-
hall. Attornies, Messrs. Barrows and Vitic..ut, Basinghall-
street, London.
George Price, of "Tottenham Court, New Road; parish of Saint
Pancras, Middlesex, taylor, dt:aler and Chapman, March 16,
23, and April 24, at ten, at Guildhall. Attorney, Mr. Vincent,
Bedford-street, Bedford-square.
George Chadwin, of BraSsingt on, Derbyshire, cornfactor, dealer
and chapman, April 7,8, at ten, and April 24, at eleven, at. the
New Bath, Matlock. Anomie', Messrs. Forbes, Pocoa, add
Forbes, Ely Place, London; or Mr. Wolley, Matlock.
John I4eedhead, late of Hewortb, Durham, but now of Ouse-
burn, Northumberland, dealer and chapman, April 5,6, and
24, at eleven, at the George Inn, Neweastle6ttpon-Tyne.--a
Attornies, Messrs. Meggisons and Falrbank, HattonaGanien„
London; or Mr. John Trotter Brocketa, Neweastlelipano
Tyne.
John Foster, Catharine Foster, Elizabeth Foster, aid Robert
Roebuck, of Pontefract, Yorkshire, March 30, 31, and April
24, at eleven, at the Bull and Mouth Inn,' Leeds. Attornles,
Mr. Richard Battye, Chanceryslane, London; or Messrs. Lee
and Rayner, Leeds.
Edward Waters, of Newport, Monmouthshire, coal-merchant,
dealer and Chapman, March 23, 24, and April 24, at eleven, at
the Commercial Rooms, Bristol. Anomie., Messrs. Visaed
and Hutchinson, Lincola's-inn, London.
Isaac-Thompson, of Keckle-Grove, near Whitehaven, Cumber-
land, merchant, April 5,6, and 24, at one, at the Globe Ta-
vern, John-street, Liverpool. Attornies, Messrs. Shepherd,
Adlington, and Gregory, Bedford-row, Loadon ; or Mr. Jo'
seph Dawson, Temple-court, Liverpool. •
John Greeves, of Lynn, Norfolk, upholsterer, dealer and chapa
nian, March 20, 27, and April 24. at ten, atGuildhall, London.
Attorney, Mr. Luekett, Wilson-street, Finsbury-square.
John Sheen, of Abchurch-lane London, wine and brandy-melt.
chant, dealer and chapr n, March 20, 27, and April 24, at ten,
at Gui4lhall. Attorney, Mr. Druce, Billiter-square, Fenchutch-
street, London.
Jain Samuel Barnes, of Swerting's-alley, Cornhill, London, mer-
chant, March 20, 27, and April 24, at ten, at Guildhall. Atter.
ney, Mr. Pellart, Ironmonger's-hall, Fenchurch street.
Philip Wi.son, of Warping- %Van, Middlesex, publican, deader
and ehaptnani March 20, 27, and April 24, at twelve,.at
Guildhall. Attomies, Meaars.Wadeson, Barlow, and Grosve-
nor, Austin Friars.
William Sewn Maitland, late of the Island of Madeira, but now
of North-street, Red Lion-square, Middlesex, merchant,
dealer eel cl.cpman, March 20, April 3, and 24, at twelve, at
Guildhall. /Mamie', Messrs. Kearsey and Spurr, No. 116,
Bishopsgate-Within.
James Wright, of Bristol, timber-dealer, dealer and Chapman,
March 17, 25, and April '24, at eleven, at the Rummer Ta-
vern, Br's:oL Attornies, Messrs. Sweet std Stokes, liasing-
hall-street, Lendon ; or Mr. Clissold, Bristol.
William Atwood, late of Elstow, Bedfordshire, horse-dealer,
March 31, at six; April 1,: at ten, and April 24, at two, ar the
Swan Inn, Bedford. Attornies, Messrs. Swain, Stevens, Maples
and Pearse, Old Jewry, Loudon.
Joseph Samuel Swan, of Friday-street, London, warehouseman,
dealer and ohamnan, March 16, 27, and April 24, at ten, at
Guildhall. Attornies, Mr. Ellis, Chancery-lane; or Mr. Card.
well, Manchester.
Charles halconer, of Wapping, Middlesex, victualler, dealer anti
chapmatt, hlarch 20, so, and A;•ril 24, at one, at Guildhall.-
Amite ry, Mr. Lang, America square.
John Wrst, the younger, of Bath, butcher, dealer and charr.?r,
Ma: ca ti,, April ti, and 24, at ten, at the New Ina, liur,e.
ttmut, Dint. Attornies, Messrs. Shepherd, Adlingion, am!
Gregory, Bedford-row, London: and R. A. Sheppard, Bath.
Samuel Fades, late of Braniihaw, Wiltshire, yeoman, dealer and
chapmaii, March 19, at four, 20, at ten, and April 24, at
eleven, at the Greyhound Inn, in Hans.Fordingbride, At-
torniet, Mr. Henry Wm.Woodyear, Downton, Wilts; and
Messrs. G. Pearson. and Son, Pump-court, Temple, London.
lobe Guild, late of Aliens, Ayres, now of Loudon, merchant,
des'er and Chapman, Match 25, so, and April 24, at eleven,
at Guildhall. Attorney, Mr. Hartley, New Bridge-strect.
Blackhriars.
fl:tams Grainger, of High Holborn, Middlesex, tallow chandler,
dealer and &Japan°, March 20, 27, and April 24, at ten, at
Guildhall. Attorney, Mr. Wm. Richardson, Clement s-lnn._

I.ONDeN t Printed by:LETar. KENT, Picket Place; and
pubYdidd there, and at the Star-Oa Temple-har,