Star.
London, England, 1818-07-27 00:00:00

voectiT v. WINCH.

This case, which was a second trial, lasted twenty-
two hours, beginning on Thursday morning, and at
about two the subsequent morning the Court ad-
journed until eight, when it was resumed, and conti-
uucd until three o'clock on Friday. It was a singular
case, from the remarkable contradiction of the wit-
nesses—the one side to prove the place in question an
ancient navigable stream, and the others, that it was
a common passage across for hay carts.
The form of the action was a charge by the plain-
tiff, who is the occupier of a mill called Abbey Mill,
at Stratford, against the defendant, for deepening
and widening a ditch, called Potter's Ditch, and di-
verting the water from his mill-stream. The defen-
dant, by his evidence, attempted to justify this act,
by asserting that it was an ancient navigable stream,
and that he merely &moved the accretions of the
Mud and obstructioni which had been suffered to
grow up. The river Lea, in its progress to the
Thames, besides the mainstream used for naviga-
tion, subdivided itself into smaller streams, which
run parallel with each other, and sometimes approach
each -other's courses. Near Stratford are two of
these minor streams, the one called Channelsevriver,
on which the plaintiff's mill is situated, and on the
banks of which the defendant has a wharf; the other
is called Water wos ks-river. on which are several other
mills. The last communicates with Barge-river,
or navigable stream. Both the Waterworks-river
and the Channelsea are formed by the subdividing
of a stream called the Temple-mill-stream. After
the stream has passed through the Temple Mill, it
divides into two the Channelsea and Waterworks..
rivers, which run nearly parallel, and some short way
below the point of division, Potter's Ditch runs across
from the one to the other. At the point of division
of the waters is a very ancient pier, carefully con-
structed, with the evident intention, as all the engi-
L neers agreed, to distribute the water equally between
the two streams.
The defendant, with a view of saving the trouble
of navigating his barges up the Waterworks River,
k round the Point and down Channelsea River, by wi-
dening Potter's Ditch, and making an open commu-
nication between the two rivers, saved that circuit;
but, in doing this, the plaintiff alleged that.thc Chan-

nelvea Water ran away into ill* *aterwork Ricers,
and lessened his mill-head, and consequently the
power of the mill, by one third at least. In Order to
prove the ancient state of the ditch, about thirty wit-
nesses were called, beginning from nearly 70 years
ago to the present time. iney said it was a mere
fence between the adjoining lands ; that many of them
hid jumped over it—had walked over it; that it was
a little muddy, and had water at the bottom ; that it
was full sometimes, as sometimes all the marshes,
were overflowed. But that it was ever navigable for
a barge, they all treated as ridiculous, and to use the
expression of one, it would not float a butcher's tray.
At one end of it there was a parcel of brick-bats and
rubbish, to make a road across for the har-carts,
when they made hay on the adjoining land, and many
had seen the hay carted across.
To meet the evidence on this point, the defendant
had near fifty witnesses, and the account they gave
was almost as far back. They were lightermen, per-
sons working in the adjoining calico-grounds, and
many who had-been anciently proprietors of the ma-
nufactories on the borders of the Channelsea Rivers;
and they gave instances of the fact of barges com-
monly navigating at spring-tides this Potter's Ditch,
with loads of ten, fifteen, and twenty chaldrons of
coals at a time—with freights of bricks—and that it
had at all those periods been used as a navigable
stream. It is also singular that the men of science
were not less at variance in their evidence as to the
effect produced by the alteration of the ditch upon
the plaintiffs mill.
Mr. Donkin and Mr. Keir, supported by others,
were decidedly of opinion that it materially injured
the plaintiff's mill, by drawing off his head of water:
and this opinion was supported by the testimony of
the millers who worked at the mill, they stating that
the fact of a loss of power in the mill was evident at
the time the ditch was opened.
On the other side, Mr. Ralph Walker, Mr. James
Walker, Mr. Millington, and other Engineers, were
equally certain that it could not possibly injure the
plaintiff's mill, which opinion they supported by
tnanflearned reasons, founded upon the powers and
property of water; while all the mechanics and those
who worked at the mill were equally certain that the
water did run away, and that the mill would not
work as she was used to do.
At length all this mass of evidence being closed,
Mr. Serjeant LENS detailed the substance of the
while by an analysis of the several parts.
The Jury, after a short deliberation, found a ver-
dict fur the plaintiff—Damages, £5O.

Bow-srneer--Late on Wednesday night. or early
on Thursday morning, the house and premises of Mr.
Jackson, composition ornamental manufacturer, in
Tottenham-court-road, were broken open. Mr. Jack-
son went to bed about eleven o'clock on Wednesday'
night, but could not sleep on account of the exces-
sive heat : he got up to open a window for air, at
which time he heard a noise which he had no doubt
proceeded from the feet of two men ; at the same
time he was alarmed by his daughter in an adjoining
room calling out that there were thieves in the house;
he opened his bed-room door, and saw at least two
men making their way down stairs ; being fearful
they would escape by Tavistock-mews, which is at
the back of his house, he gave an alarm to a watch.
,man in the front of his house. Three watchtten pro.'
needed to search the house, but could not find any
'person; and it was ascertained that they had escaped
by the window of the back kitchen. Just as the
watchmen were about leaving the premises, one of
them, out of mere curiosity, lifted up the lid a a
large chest in the upper storey, and saw a man con.
cealed, who, to the astonishment Mr. Jacksou and
his family, proved to be a young man of the nano of
George Aickin, till then considered to be of the
highest respectability, and to whom they were much
attached ; indeed, he was considered as one of the
family, having served his apprenticeship to Mr.
Jackson, who intrusted him in the most confidential
manner. He was conveyed by the watchmen to the
watch-house, where, strange to tell, the constable of
the night refused to take the charge, ignorantly in-
sisting on the necessity of, Mr. Jackson attending,
Aickin was afterwards apprehended at his lodgmg.
On the conduct of the parish constable of the night
being stated at Bow-street, Sir NATHANIEL CONANT
declared that he should he indicted if he was the first
inhabitant of the parish. At the examination of
Aickia, Perry, who apprehended him, produced some
bank-times which lie found upon him. Mr. Jackson
said he had not least idea of their being his property:
in fact, Mr. Jackson said he had no doubt but that
they were the prisoner's property, and that they wete
part of a dividend he had lately received at the Bank
of England, for funded property to the amount of
£5OO ; the mother of the prisoner and all his con-
nexions were of the highest respectability ; his mo-
ther had offered to give hint 2000 guineas. He fur-
ther observed, ;hat he had no doubt but that it was
the prisoner's first offence, and that their object was,
only to have him sent out of the country. The Ma-I
gistrate, who saw nothing deserving of particular in-
dulgence in such gratuitous depravity, informed him
that was not in his power, that application must be
made on the prisoners trial at The Old Bailey. The
prisoner appeared extremely penitent, and entreated
Mr. Jackson not to prosecute him. Mr. Jackson re-
plied, that he was called upon by his neighbours, as
well as by apublic duty, to prosecute ; he was there-
fore hound over, and the prisoner was fully commit-
ted for trial.
John Pulley was afterwards put to the bar, charged
on suspicion of being Aickin's accomplice, arid that,
he was in the house at the time with AiFkin, and had'
made his escape over the wall, and that Aickin was
about to follow him, but was deterred by the spring-
ing of the watchmen's rattles, and their approach to •
wards the premises. Aickin and Pulley were preind
to have been very intimate for some time past, meet •
ing together every evening ; and about a week since
a neighbour heard their conversation, when Aickin,'
while standing at Mr. Jackson's door, exclaimed—
es The plan won't do to execute to-night," &c. The
prisoner Pulley said he could prove that he was in
bed at twelve o'clock on the night Mr. Jackson's
house was broken open. He was therefore commit-
ted for further examination, to enable him to produce
his witnesses.
Maxi:roe Housz.—Saturday a man, aged upwards
of 60, named Denis, eras brought beme the Loan
MAYOR upon the following charge :—Oo Friday af-
ternoon he went up to a ticket p‘rter oad •strect,