Star.
London, England, 1821-11-08 00:00:00

DEMI OF A MISER.

Yesterday afternoon an Inquisition was taken at
the Northumberland Arms, corner of Charlotte-street
and Goodge-street, Tottenham Court-road, on view
of the body of Mr. William Harrison, aged 86.
The Jury, being sworn, proceeded to take a view
of the body, which lay in a room on the attic story
of the house No. 8, Bennett-street, Rathbone-place,
where the deceased bad lodged for twenty years.
The room presented a most wretched appearance;
the furniture consisted of one old chair, a table, a
trunk or two, and an old stump bedstead and a bed
of straw on which the deceased had laid; in one cor=
ner was a heap of ashes, and the cupboard contained
a few potatoe peelings and a stale roll. The bcdy of
the deceased, which lay in a coffin, presented a pic-
ture of the extremest misery and starvation, although
he had no family, and had property in the funds to
the amount of Cl5OO.

Mrs. Ann Gordon deposed, that she was housekeeper to Mrs.
Catherine St. Paul, at the Vicarage-house at Putney ; she knew
the deceased, and was in the habit of calling on him when she
came to town; he possessed considerable property, although he
lived in the greatest obscurity, and would let no person but wit-
ness enter his room, which he always kept padlocked inside, for
fear of being robbed ; he laid on his bed in the day time and sat
up at night, without any tire, and burning a lamp. On Satur-
day evening, about seven o'clock, witness called on the deceased,
who was then very indisposed; be said that many people wou:d
be very glad to finger his cash, but they should not. On wit-
ness leaving him, she said she would call aw.in the following day
he then desired her to lock him in, and take the key with her;
she for some time objected, but he persisting in it, she did lock
him in and put the key in her pocket, and on her going next
day, about two o'clock, she found the deceased lying on his bed
with his clothes on, quite dead. Ile had made his will about
six months ago, wherein be had appointed her executrix to his
property, which was divided between witness and the nephew
and niece of the deceased. lie had been married, and had a
daughter, but she and her mother were both dead. The house
in which he lived was his own freehold.

Mary Frow, the niece of the deceased, deposed, that her um
cle for the last eleven years never took his clothes off, in which
he carried large sums of money, sewn up in different parts;
and when he died she had been informed that upwards of XlOO
had been found about him, which, together with other property,
was in the possession of the executrix. lie for the last four
years was quite childish, and never admitted any person but the
last witness into his room. On the night previous to his death
he sent for one oyster, half a pint of beer, and a pennyworth
of figs, which he ate, and after drinking the porter, laid him.
self down on the straw, where he was found dead.

The Coroner briefly summed up the evidence, and
the Jury, after a short deliberation, returned a ver-
dict that deceased—Deed by the •Visitation e.if GOD.

This morning, a bricklayer, of the name of John
Gray, a single man, employed on the erection of the
uew building for the Duchy of Lancaster Office,
Savoy-place, Strand, by unfortunately treading upon
a loose board, Was thrown off the scaffold, 30 feet
high, and killed on the spot. His remains were
taken to the Savoy church for a Coroner's inquest.
The Earl of LAUDERDALE'S health being com-
pletely re-established, his Lordship is preparing to
return to London.

A defaulter to the amount of £30,000 is missing
from the Victualling Pay-office.

SHOOTING.

' Saturday se'nnight, the gamekeeper of Mr. Pt:, of Peasmank
brought to bag, at one shot, a snipe and a partridge. The snipe
was the object of his aim, but the partridge rising at the same
time, they both fell together.
A sporting match for a sweepstakes of ten guineas each took
place on Tuesday, in the neighbourhood of euckeridge, flerts,
between Messrs. &nano, BENSON, HORNE, CARRINGTON, and
Ler., who should kill most game its pheasants, partridges, and
hares, in the day, which closed as follows i
Partridges. Pheasants. Hares. Total.
Bunting killed - 9 4 3 15
Benson - - 7 i 4 14
Home - - • 10 2 2 14
Carrington - - 4 6 3 13
Lee 2
.11 10
The time allowed was from nine o'clock till four, with doLblo-
barrelkd guns.

COURT oIKINCi '3, NOVEMBER 7.

RIGHT OP BATHING IN THE SEA.

BLuNDELL V. HATTERELL.
Thiswas an action tried at Lancaster. The plaintiff
is Lord of the Manor bordering on a certain portion
of an arm of the sea adjacent to the Mersey; the
defendant the proprietor of certain bathing machines
plying on that part of the shore in question, for the
accommodation of persons going to bathe. The plain-
tiff, as Lord of the Manor, claimed a right to pre-
vent the machines of the defendant passing over the
beach to the sea without his permission, on the ground
that- he was proprietor of the soil ; and to decide the
legality of the novel claim thus set up, he brought
his action against the defendant as a trespass,.:r. The
Jury at the trial found that the plaintiff was pro-
prietor of the soil, and a verdict was, by direction of
the Learned Judge who presided, entered for the
plaintiff, subject to the opinion of the Court on the
point of law. Their Lordships this morning delivered
their judgment on this important question.
Mr. Justice BesT, after adverting to the particular
facts of this case, said, it was impossible to see any
difference, in fact, between going to bathe and going
to fish, or for other lawful purposes of navigation:—
and it was wholly inconsistent with the first law of
the country to say that persons could not go to the
sea for these purposes, oser any part of the shore,
witliNtt leave of the Lord of the Manor. In this case
it had been found, indeed, that the soil was in the
Lord of the Manor ; but the Lord of the Manor must
originally have received that right from the King,
and could not have possessed a power over the soil
greater than that possessed by the King, from whom
he derived his claim : and he was clearly of opinion,
that even the King had not such a right in the soil, on
the shore of the sea, as would justify him in prevent-
ing the subject approaching it for lawful purposes.
The sea was, in fact, open to all the King's subjects
for all lawful purposes, except at such places and
such points as were under particular circumstances
occupied by banks and wharfs, or other spots made
private property by law. It could not be contended
that the sea was the private property of any man, and
if the sea was open to all, so must the approach to it
be. This common law right, like many other com-
mon law rights, could only be proved by usage ; and
could any one pass along the beach, at any spot where
a landing was practicable, without seeing individuals
landing in boats from vessels out at sea, from fishing,
or other avocations, drawing their boats up, unload-
ing their goods, reloading, continuing as long as they
pleased, and departing when it suited their conve-
nience, without asking leave of any person whatever?
But if the point at present contended for was once
establiihed, this could be done no longer. No one
could land without permission of the Lord of the
Manor. It was true there were certain spots where
the shore was not open, but these particular spots
were pointed out by Act of Parliament, and did not
at all touch the present question. As to the questioi
immediately before the Court, that of bathing, the
practice of bathing in the sea had existed from the
earliest time, and inasmuch as it was beneficial to,
health, and promotive of cleanliness, it was to be hoped
it would loug continue to exist free from interruption,
or improper restraint; but it was said not the prac-
tice of bathing. machines. True ; machines were
comparatively of modern date; but if the sea was
open for all other lawful purposes, it was open for
bathing machines. If it was not so, decency would
prevent many from bathing, and infirmity more.—
The modest feibale, without this accommodation,
would be excluded front this healthful exercise; the
infii m, the aged, and the invalid, would also be pre-
vented from seeking to regain strength by laving in
this bracing element. Fishing in the sea was con-
sidered a public right, and carrying the ish so caught
by land, was a right independent of the Lord of the
Manor. This must be taken in support of this right.
Another circumstance, strongly in favour of the com-
mon rights of the subject to the use of the sea and
shore, was, that we were a maritime people; and free
access to the sea was necessary for the public inte-
rest. Ships coming from foreign parts frequently
found it necessary to send boats on shore to take in
refreshments, or for other important circumstances,
which by taking away this right, would in future be
prevented. He would say nothing about the cir-
cumstances of shipwreck or bad weather; he would
only advert to common occurrences. It might be
said that particular places for landing might be
marked nut, but the weather might continually in-
terfere, and render it utterly impossible that vesselsa
should avail thernselve: of such landing places; and
until a Lord of the Manor could restrain the winds
and the waves, this common right was absolutely
necessary to the existence of the maritime part of
the community. Could it be said that the sea shore
was not open for any man to walk on for the benefit
of his health ? yet, if the right now contended for
was granted, a Lord of the Manor might say, though
by so doing you benefit your health, you shall not
walk here. It might be said that without some re-
straining power persons void of prudence and de-
cency would bathe in improper places, where their
doing so was a nuisance. If persons were found who
could so conduct themselves, the Magistrates, as the
law now stood, had a power to prevent and punish
such nuisance ; and it was infinitely more desirable
to leave this power of prevention in the hands of an
independent Magistracy, than to give it to an indi-
vidual, who would be guided by deep personal in-
terest. The Learned Judge then proceeded to cite
authorities from the ancient and modern Law writers,
from Dracton, who wrote on the subject in the time
of Henry 111. down to Lord Kenyon, and particu-
larly dwelt on the opinions of Lord Hale, .Chief
Justice Parker, and the doctrine laid down by Has-
grave in his Law Tracts; and, on the fullest consi-
deration of the subject, he declared his opinion to be,
that bathing in the sea was a common law right, and,
that the approach to the sea, for the purpose of
bathing, was open to all, and that the Lord of the
Manor had no right to interrupt them. He was,
therefore, clearly of opinion that in this case judg-
ment must be entered for the defendant. •
The other Learned Judges supported their decision
by sliming that the authority in favour of the de-
fendant rested on the civil law, many of the prin-
ciples of which were inconsistent with our law.—
Bracton had copied his doctrine from Justinian, and
in the very same chapter from which he had taken it,
were to be found many definitions utterly. and con-

fessedly incompatible with our common law. if
such a common law right lied existed, there would
probably have been some mention made of it in the
books, but there was no sush authority to be found
there. Embankments had frequently been made for
the protection of private property, and would such
embankments ever have been made had the supposed
right existed when the proprietors of the soil must
have been liable to repeated annoyances? The case
was similar, it was observed by the LORD Otter
Jusrice, to that of inlands, and wastes and com-
mons. Those who lived in their vicinity frequently
used them, rode and walked there; but no one ever
thought that the right of the owner of the Soil was
thus impaired. On these grounds their Lordships
were of opinion, that there was no such common law
right as that for which the defendant contended ;
and as this was the opinion of a majority of the
Court, judgment was given for the plaintiff.
PHILLIPS AND ANOTHER V. BARBER.
In this case, which was tried before Mr. Justice
Best at Guildhall, the plaintiff was nonsuited, with
permission to move to set aside that nonsuit, and to
enter a verdict for the sum of D 34 17s. 6d.
It was an action upon a policy of insurance.—
, There were several counts in the declaration ; but the
lquestion for the decision of the Court was, whether
the species of injury sustained by this vessel, and the
Iplace in which that injury was sustained, came within
the terms "perils by sea, and other perils?" The
vessel was insured in the usual way, and during a
period within the time specified in the insurance, the
ship requiring some repair was placed in dock and
overturned, by which accident damages to theamount
already mentioned had arisen to the proprietors.
Mr. SEARLE rT movel to-day to set aside the non-
suit, and to enter a verdict for the plaintiffs. The
Learned Counsel cited the case of Fletcher v. Inglis,
in 2d Barnewell, and Alderson 15. In that case,
which was respecting the loss of a transport in Bou-
logne hat bour, their Lordships (observed the Learned
Counsel) knew that in Boulogne harbour the tide
ebbed and flowed, and the vessel, by order of the
Inspector, was placed next the wharf in such a posi-
tion that, during the ebbing of the tide she was over-
turned. There was in that case a question whether
such an accident could be deemed a peril by sea,
because theie the sea had not touched the vessel, and
it was determined in that case that such an injury
was peril by sea.
Mr. Justice BAYLEY.—Then the ebbing of the sea
left the vessel unprotected ?
Mr. SCARLETT.......YES, my Lord, but she was on
dry land when the sea left her.
Mr. Justice Batxt.aY.—That was Caused by the
reflex of the sea. _ _

Mr. SCARLETT.—But, my Lord, the reflux of the
sea could not injure her unless a gust of wind sprung
up and overset her.
Mr. Justice BATLEY.—In this case it does not ap-
pear that the injury was occasioned by a sudden
gust of wind.
Mr. SCARLZTT.—The water had not left her. It,
appears from the evidence, that when the vessel was
placed in dock there were three feet of water there.
But 1 will suppose a case. If the Captain of a ves-
sel deemed it expedient to lie close to the shore, as
happens in the Thames frequently, if the wind
overset that vessel while in such a situation, would
not that be pe: it by sea ?
Mr. Justice BAT/Al.—ln answer to your case, Mr.
Scarlett, is the wind operating upon any vessel while
on land, and causing an injury to her, peril by sea?
Mr. SCARLETT.—The report is that there were
three feet water there at the period when the vessel
was placed in dock.
Mr. Justice BAY LEY.—That you know would not
be sufficient to float her. _ _

-
Mr. SCARLET r.—No, not to bat her. But in
some paits of the West Indies, where it is usual to
rest vessels merely upon mud, an accident might
arise from a storm of wind, and would not that be
peril by sea? It is not the perils to which ships are
subject while on their voyage, more than those
which are incidental to them while in port, and while
preparing for that voyage, that are intended to be
guarded against.
CHIEF JUSTICE.—In the case which you have
cited, Mr. Scarlett, and in all those cases which
you have supposed, the injury has arisen in the na-
tunl course of things. In the case before the Court,
the ship was taken into the dock by the art of man.
There is an obvious distinction between the cases. I
am unwilling, however; to refuse a Rule to shew cause.
Mr. SCAELETT.—Then, with your Lordships per-
mission, I will take•a Rule to shew cause why the
nonsuit should not be set aside and a verdict of 041
' and a fraction entered as contiguous damages.
Mr.Jusiice BAILEY.—The safer way will be to
enter a verdict upon the second count for the de-
fendant, and to enter on the first count of the declara-
tion the £B4 and a fraction as contiguous damages.
Mr. SCARLETT.—I will do it in that way with your
Lordships' permission.
iCHlrsJusticr..—You may take a Rule to shew cause

POLICE.

MAssicne-House.—Yesterday, a young woman,
named Mary Quin, applied to the LORD MAYOR n‘r
relief, under the following circumstances, which she
related in a manner that gave uo cause for suspicion
of the authenticity of her statement :-Il't' father
was; she said, a soldier in the 35th Regiment, 11l
which he had served for a considerable. tune. Her
mother accompanied him in most of his hardships,
but sunk at last under their pressure. She was her-
self born in St. Helena, in the camp, and was trans-
ported with her ia.her from climate to climate. At
length the Regiment was ordered to quarter at Pa-
lermo, and her father, who every day felt the diffi-
culties attending such a charge increase, obtained for
her a situation in a respectable family in that city.—
After his departure from that station, she remained
with the family of Mr. Noble, a wealthy merchant,
and was, after some time, married to a fellow-servant.
She lived happily for a considerable time, but the
Neapolitan revolution having taken place, an attack
was made upon her master's house, amongst others
which were known to contain much wealth. In the
dreadful contest that took place upon this event, her
husband and her master were murdered. She fled
to a sanctuary, where she was protected for sonic
time, and after the tumults had abated, she succeeded
in obtaining a passage to England. She had tra-
velled on foot from a distant sea-port town, and upon
her arrival in London, had not sixpence in her pocket.
The unfortunate girl answered the inquiry of the
L”RD MAYOR, as to the nature of the expectations
she had formed on coming to London, by saying that
her father was her only dependence, that she had
every reliance upon his affection, and could also look
to her brother for assistance, had he not embraced
the military profession, and departed for a distant
country.—The LORD 11AYOR sent an officer to ascer-
tain the situation of her father, but the result of the
inquiry added beyond measure to the young woman's
affliction. At the War-Office it was stated that the
soldier named in the application had died upon his
return to England, and that there was neither pay
nor prize-money due. Under these distressing cir-
cumstances, the LORD MAYOR ordered that the young
woman should be taken care of at the Compter until
he should have an opportunity of rendering her some
service. She is the daughter of an Irishman, an I has
of course no settlement in this country, and the LORD
MAYOR observed, that the case was one of that ex-
treme kind which he wondered had .not been con-
templated in any of the plans upon which the great
charitable establishments of the country were founded.
GUILDHALL.—A lamentable instance of the dan-
ger and mischief that ensues from the annual scene
of riot and disorder exhibited in the Metropolis on
the evening of the sth of November, by the dis-
charge of fire-arms, fireworks, &c. came under the
cognizance of Mr. Alderman LUCAS, the sitting Ma-
gistrate, at this Justice-room, yesterday.—A youth
about 17, who gave his name William Whitaker
Court, was brought up on the charge of a respect-
able looking man, a Mr. Mills, whose son, a boy
about 14, had been very dangerously wounded by
the contents of a gun-barrel, discharged by the pm i-
soner on Monday evening in Fleet-market, where a
number of disorderly boys and others were ascent-
bled letting off fireworks, &c. to the great disgrace
of the night officers in that district. By the account
given by Mr. Mills, his child had been sent on an
errand toward that quarter, and was unfortunately
passing at the time the prisoner fired the gun-barrel,
and received its contents immediately over the right
eye: by the violence of the explosion the osfrontis
was fractured so as to expose the brain, and the child's
eye dreadfully lacerated and almost destroyed. He
was taken to St. Bartholomew's Hospital, where he
still remains, according to the surgeon's certificate,
in a very dangerous state ; but by Mr. Mills's ac-
count, in such a situation that his life is despaired of.
The prisoner, who was in tears during the whole of
the examination, seemed deeply affected at the con-
sequence of his imprudence; and the more so, that
lie should have been apprehended and charged, as it
appeared he had been by Mr. Mills, in the excess of
his feeling, as a common murderer. He protested
that it was entirely an accident ; that he did not know
the unfortunate sufferer, and did not point the barrel
at any one. He had fired it off once before, and had
no suspicion of any accident. There were .several
other boys letting off pistols and fireworks, and the
watchmen standing by offered no molestation. He
hoped the boy was not in so dangerous a state as
Mr. Mills represented; the certificate of the surgeon
was dated overnight, and he (the prisoner) had him-
self been to the Hospital that morning to inquire, and
was told the patient had had some sleep, and was
considered better.—Mr. Mills said the answer to his
inquiries that morning was, that his son was not
worse; indeed it seemed hardly possible that he
should be, to be alive. The prisoner very readily ex-
plained his connection and situation : he was a writing
clerk in the employ of a respectable Solicitor in
Bloomsbury-square, and lodged in Fulwood's-rents,'
Holborn.. The accident happened after he had left,
the office, about ten o'clock at night. He had al ready
lost his situation in consequence of it, and begged the
Magistrate would not send him to prison, but admit,
him to give bail.—Mr. Mills, when questioned by the
Alderman as to his intentions toward the prisoner,
said ne did not think he should do justice to his feel-
ings as a father if he did not visit him with all the,
severity of the law.—Mr. Payne, the Magistrate's,
clerk, observed that, under such circumstances, the
usual mode was to commit the accused, until the
person should be pronounced out of danger, as it was
impossible to say what degree of criminality a Coro-
ner's Jury might attach to the prisoner's conduct, in
the event of the boy's death.—The Alderman accord-
ingly remanded the young man, until the state of the
sufferer should be known, giving directions that
should not be put among those that were confined
for wilful crimes.
Bow-STRSET.— A young gentleman of the name
of Townsend appeared at this Office yesterday,charged
with a breach of the statute 52 George 111. cap. 63.
for preventing the embezzlement of securities," &c.
The complainant, Mr. Smith, a military gentleman,
applied at the Office on the preceding day, for some
means of compelling a tradesman of the name of
Sherwin to deliver up to him an acceptance of Sir
Charles Nightingale's for £5O, which he (Mr. Smith)
had lodged with Mr. Townsend for the purpose of
his getting it discounted for him, and upon which
Mr. Townsend had raised £8 from Mr. Sherwin.