Star.
London, England, 1816-12-05 00:00:00

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LAW lIVTLIATUESt:E.,

CONWSTOitY COURT, DOC Vol& COMMONS, Dec.'.
. BURNELL V. TH$ RIM lUCHARD
This 'was An appeal from toe decision of the Chan-
cellor at the *grand Sessions helJ at Cardiff on a ques-
tion of skit. s. l'he defendant is the Rect•tr co the
P.rieh of Newton, in Monmouthshire, and,the ground
of the libi.l was, that Mr. Rumen, one of the pa-
rishioner% prevented him from carrying away his
tithe after tt had been set ont.—lt appeared that in
July, 1813. Mr. Burnell sent notice to the Rector
that. his tilt,* of a field of hay was set out ready for
him to take away. The Rector, in conseqqence, set
his serval-1:s to ietch the tittle, and directed them to
enter the field-through a gap made in the hedge se-
veva' rears ago, and at which the farmer himself
was accustomed to enter.
On their arrival at the -spot, they found the gap
closed, and were directed by the farmer to enter at a
nut opening into a narrow &id adjoining the hay
field, which was a nearer vray for the Rector than by
lb* gap.
The Rector persisted in entering at the gap, and a
dispute arose, which at length terminated in the
Rector bringing a suit in the Consistory court at the
Grand Sessions at Cardiff, where he obtained a verdict
for his tenth of the hay, amounting to 20s.
The Judge (Sir irate NICHOLL) lamanted that so
many:hundred pounds should beexpended in so trifling
a cause, and thought it would have been much better
if the parties had had recourse to more siimnialY.
and Jess expensive proceedings, as. by the 33J Geo.S,
two Magistrates were impoweied to decide cases
under ten,pontids. ids was of opinion that the sen-
tence of the Court below was erroneous, and reversed
the same accordingly.
COURT 01? KING'S BENCH, DECEMBER 3.
MASiEY v. RICHARDS..

This was an action of ass Ault and false imprison.
ment. It appeared that the plaintiff and some of his
friends had paid a visit at night to the defendant in
Clerkenwell watch.liouse, where he was the acting
constable of the night, under a supposition that they
shout.: find some person in the watch house who owed
one of the party some money. The plaintiff, on en-
tering, found a sailor boy under examination by the
defendant on a night charge, and was desitous
of
knowing the particulars of the CASE. The defendant,
not being willing to gratify his curiosity, an altercation
ensued, which terminated in the plaintiff being locked
tip for a st.ort time, and then discharged,
Lord ELLeNnortoucat was of opinion, under all.the
circumstances of the case, that the action was not
maintainable, inasmuch as the plaintiff had brought
the mss:ortune complained of upon himself, by enter-
ing the watch-house uncalled for.—Nonsuiteti.
DECEMBER 447-ICIRD v FORD.
This was an action against the defendant, a school-
master at Brixton, for unlawfully and negligently de-
livering, and causing to be delivered niche plaintiff's
son, Ceirtiiq serpents, squibs, and other **works, on
the sth in November, 1814, whereby the•plaintiff's
son wai g+ rally injured and burnt by the explosion
of the said fireworks. .
Mr. Semorie opened the pleadinr,s, and Mr. Toe-
sano stated the case to the Jury. I'he case opened
was—that the plaintiff was a stable keeper, in humble
circumstances, living in Westmimter Road, and that
the defendant kept an academy at Briton, in Sur-
rey, whither the plaintiff had sent his son as a
scholar in the year 1815. On the .sth of November,
1611, the defendant, pachased selft watch of tire-
works, which he distri:luted amongst the boys. for
the purpose of celebrating the Anntversary of Gun-
powder Plot. He afterwards reimbursed himself the
expense, by a subscription amongst his scholars. The
plaintiff's son received as his share of the squibs, to
the number of one dozen, which he put into his
breeches pocket,•and scarcely had he done so, when
on a sudden the squibs became ignited, and produced
the most dreadful consequences on the boy's person. I
His thigh was shockingly burnt, before any assis-
tance was rendered him. He was Immediately car•
tied into the house, and medical assistance was called
in, but he was unable to be removed home until the
following week, when his father went for him, and
took him away in a spring cart upon a bed. For 11
Weeks afterwards he was under surgical care; and
not until the month of February tollowiag was he
able to return to school. where he continued until the
ensuing Midsummer, when, to the astonishment of
the plaintiff, thi defendant sent in his half yearly bill,
in which he charged not only for the quarter's school-
ing, beginning at Michaelmas, and ending at
Christmas, but also for the quarter ending at Lady-
day, besides wine and other necessaries found the
boy,oilien the accident first happened. These de-
mands the plaintiff 'was compelled to pay under the
threat of being arrested, if he did not. The present
action was theretote brought by the plaintiff to reco.
Vet a compensation in damages for the injury which
his son had sustained through the misconduct of the
defendant ; and also to recover the amount of the
expense which he had incurred for medical assistance.
The plaintiff's son and another witness were called,
but it not appearing that the defendant had person-
ally delivered, or caused to be delivered, the squibs
is question to the plaintiff's son,
Lord ELLENBOROUGH interposed, and said, that as
the three counts of which the declaration consisted,
contained each the allegation that the defendant him-
self had delivered. or caused to ba delivered, the.
squibs to the boy, and as the evidence in the cause tle-
gatived that fact, he was afraid that the plaintiff must
be nonsuited. He was extremely sorry for it, be-1
cause had there been a proper count introduced, ;here '
'Valor) doubt that the defendant, who had acted un-
lawfully and improperly in suffering fireworks to be
•used at all by the boys, was punishable. The no.
-Aimee and misconduct of schoolmasters and othe
m rs
'g the 'tare of youth, was in thisays pect highly
stile; unlawful, and nslght.be punished with the
iatest severity. A very melancholy ° instance of
effects of 'Lis curt of negligence and misconduct
recently occurred' at one of the public schools,
a Wry died in consequence of precisely simi.
act. of impritdentein countenancing the use of
..ks. Masters of schools were impru.
in suffering the-use of fireworks in their semina-
, and it was his Lordship's duty to declare from
Deitch, that tee negligence or inattention of this
masters;of schools were legally responsible.
7W Aymara GENZIAL-44 I wish the observe-
of you Lordship may be diadaley byard, and

widely diremina;ed. It would be a great eantrort
to many Gentlemen,.
at the bead of great seminaries,
to be able to tuote
.your Loirdship 's high authority,
when they refused that species of dangerous amuse-
ment, which, at present, they dire ant deny. I wish
it to be generally understood, as coming from your
Lerdship'shio,h authority, that where ad accident of
this nature occurs at a seminary, the tuAster is liable
to answer for it."
Udar Lord ELLENBOROUGIN direction,.the plain-
tiff was nonsuited. • -
ADMIRALTY couitT, DECEMBER s.
Isle of France.—ln this case a monition was prayed
against. Mr. Reed, resident at the Cape of Goad live,
to bring in the remainder of the pineeeds arising from
the capture of the above Island.--The Court directed
a monition to issue.
Rattlesnake, -- master.—This case came on at
the last sitting, on the admission of two allegations,'
when the Court took time to deliberate. This day
the Court admitted the same to proof.
OLD BAILEY SESSIONS.
These Sessions commenced yesterday, before Mr.
Baron CHARM. Mr. Baron RICIIABIIa, and MG ins.
ticd BAYLEY.
John litherington was indicted capitally for cutting
and stabbing Robert Teesdale. with a certain instru-
ment, with intent to kill and murder him.
Robert Teasdale, upon the 25th of August, 18145,
was a collector of the watching and paving rattle in
Skinner-street. The prisoner, a broker, lived in that
street, and the demand witness had upon him was
£4. 154. The prisoner had gone several times before
the Commissioners to corni.lain of the demand. Go
the day mentioned whims, went to the prisoner's
house, in company with Fotherby and another man,
under a warrant to levy a distress for the money.—
The prisoner was not at home when they arrived, hut
came ni after. Upon the warrant being read over
to him, he flew in a passion, seized a sword from be.
hind the position, and swore that he would kill the
first man who should touch the goods. Fotherby
said that, it the prisoner 'would pay the money, no
expenses would be charged ; but nothing would do,
and tie still resisted. Alto' having waited some con-
siderable time, witness proceeded to take an inventory
of the goods. The pi honer sent kis son out for some
gin, and as soon as it was brought be drank it. Mr.
Fotherby then went for a cart and horse, and re-
turned, accompanied by an Officer, who persuaded
the prisoner to yield quietly ; but he repliea—" No,
I will defend my goods to the last drop of my
blued." He had then a sword in his hand. Having
waited some time, witness went to move the chairs,
and the prisoner made a thrust with the sword at his
body, but he parried it off with his left hand, and it
penetrated his thigh. The wound was of no depth,
but merely grazed the skin, and drew a little blood,
The prisoner knew witness very well.
John Fotherby, broker, in Gray's-inn-lane, also
knew the prisoner. He was of a passionate temper.
The witness corroborated Teasdale's statement.
John Moore was se: vain to the last witness on this
occasion, and confirmed his master's examination.—
The officer who accompanied Fotherby was examin-
ed, but threw no additional light on the case.
An opposite neighbour, being called, was of opi-
nion that ever since the execution of Holloway and
Haggerty the prisoner had been somewhat deranged
in mind. On that occasion he had a son killed in
the crowd, and himself was taken and put among the
dead. In one instance Etherington was seen to take
up a broom and beat a dog's brains out, and after-
warJs buy it ; and in another, he was perceived to
beat his son, who was blind, most unmercifully with
an iron sod. That son was now turned out of doors,
and was wandering about the streets. The witness
knew that a strait-waistcoat had been ordered for the
prisoner.
In his defence the prisoner complained of having
been grievously over-rated. This was one of seven
indictments which had been brought against him ;
such was the combination made to ruin him. The
sword was taken out of its place in the shop to shew
to a customer ; but he refused to buy it, and the pri-
soner stuck it in the floor. Teesdale soon after began
to seize the goods, and upon resistance being made,
Teesdale struck prisoner twice with his fist. At this
time the prisoner bad his hand on the hilt of the
sword, which was now sticking in the ground; and
upon Teesdale endeavouring to wrest it from him,
he stuck himself in the thigh.
Martha Baker was present at the scud* on the
25th of August, being a lodger in the house. Teas-
dale gave the prisoner two blows, and in attempting
.o take the sword out of the ground, and from the
prisoner's hand, be took hold of the middle of it,'
and presently cried out, "I'm stabbed, I'm stabbed."
The prisoner pulled out money, and wanted to pay.
Ann Meredith—The prisoner was knocked down
by the second blow, and when he got up Teesdale
was going to strike him again, and Etherington
caught hold of his fore finger, and made him cry
out. 'l,he prisoner took the sword down from the
nail in his shop, where it was banging for sale.
Several witnesses gave the prisoner a good cha.
racier.
Mr. Teasdale being again called, positively swore
that lie never attempted to strike the prisoner; and
the money was never offered to be. paid.
Mr. Fotherby confirmed his statement.
Mr. Moore never saw any money produced by the
prisoner.
After the summing up by Mr. Baron RICSIARDS,
the Jury returned a verdict, after some consideration,
Not Guilty ; but the prisoner was ordered to be kept
is custody to be tried for the srssault.
Jeloph Fithiscl,. aped 20. was indicted for being at
large bet ore. the expiration of his term of taanspurtit-
don—Guilty, but recommended to mercy.
G. and J. Warwick were indicted for breaking and
entering the dwelling-house of E. Jordan, and steal.
ing therein some shins, a cheese, and other articles,
Ins property.
The prosecutor lives at Ilarmansworih. On the
morning of the 20th of November he found the win-
dow in the passage broke.open, and his property
stolen. One of the horse patrole apprehended the
prisoners on the 24th of November, and found two
of the prosecutor's shirts on them.
The prisoners said they merely did icthrough
tress. Guilty—Death.

I ,

Aim Miller; for stealing several articles of apparel.
the property of J. Byrne.. ann. in bis dvaillintbouse.
and afterwards.kteiikiog the same tjo get.not tberenti
J. Miller, tot breaking and entering the hogs Of

Robert Henke:, and tinting threOtOnnett, bis pro-
perty ; sod R. Ward, for privately stealing in the
stable' of Messrs. Clark and Wilcox, a great coat,
the property of Lieutenant-General A. Brown, were
also capitally convicted.
' The following were convicted of felony, viz.—L.
Clifford, for stealing 23 yards of linen, the property
Of E. Coils; J. Hyaros, for stealing several articles
of apparel, the property of Eliz. Benjamin ; Eiiz.
Styring, for stealing a pair of silver buckles, the
property of J. Magguire ; J. PedJington, for stealing
several silk handkerchiefs, the property of R. Arnold;
W. Atkinson, for stealing the carcase of a pig, the
peoperty of Messrs. Pocklington • E. Chutch, for
stealing a trunk, the property of H. Bott ; T. Pater,
for stealing a pocket-book, the property of E. Bur.l
mester ; 'l. Hodges, for stealing a pair of panta-
loons, the property of K. Romanis; and W. Earle,
for stealing a pocket handkerchief, the property of
W. Deykes.
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LONDON SESSIONS.
Tuesday Mr. John Hays was convicted, and sen-
tenced to three months' imprisonment, and to pay a
fine of £2O, for Waving is May last violently assaulted
Phineas Davis, a Sheriff's Officer, because the latter
remonstrated with him for using indecent language
to two ladies of his acquaintance.
Wm. Smith, the owner of the Albany stage-coach,
was convicted of having assaulted Henry Rams.,
den, owner of the Walworth and Camberwell stage-
coach, on the llth of July and 10th of September
last.—The Court ordered him to pay a fine of 40s-
and to be discharged.
'I bonus Marshall was convicted of violently assault-
ing Richard Tall, a patrole of St. Dunstan's, in the
watch-house, Clifford's Inn Passage, on the 27th of
October Last —To be imprisoned one calendar month
in Giltspur-street Compter.
Benjamin Dkiituaa, who was convicted at the last
Session of exposing for sale obscene publications, ap-
peared to receive judgment.—The Court ordered
him to enter into recognszances for £lOO, upon which
the defendant applied for the restoration of his pro-
perty, namely, the abominable pamphlets, as he had
purchased them by way of trade.
The COl4/4014 SSit/BANT expressed his indignation
' at such unparalleled effrontery, and declared, if the
Court had not delivered its judgment, he would apply
for a commutation of the sentence to imprisonment.
MIDDLESEX SESSIONS.
- -

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Joshua Hunt, a Sheriff's Officer, was indicted for
assaulting and falsely imprisoning Captain Frederick
Carmichael, late of the 15th 'Light Dragoons, on
the 94th of April last, at Twickenham.
Mr. Aaaau addrelsed the Jury on the part of the
defendant, and contended, that his client had not
done more than his duty. The writ was put into his
hands as a Sheriff's officer, and he was obliged to
executelt, or be answerable for the debt. He would
call two witnesses, who would prove that no unne-
cessary violence was used.
The CuAtirtms summed up the evidence, and the
fury found the defendant—Guilty.
The CIIAIKMAN then addressed Ole defendant as
foliows 64 Joshua Hurst, you have been convicted
of a gross misdemeanour. After your being so many
years an Officer, it was- reasonable to exnect, you
should at least have by this time known, than the law
of England allows no man to invade the rights of
another so unwarrantably as you have done. Though
you had been guilfy of a mistake, had yon shewn
your warrant, the Court would have deemed it a i
palliation of your guilt. Considering, therefore. the
line of conduct you chose to follow, and determined,
if possible, to deter others from similar misconduct,
the Court orders you to pay a fine of ZSCI, and to be
imprisoned till the fine is paid."
The prosecutor then addressed the Court, and said
he hoped the fine would be mitigated. He had of-
fered to give up the prosecution before trial, jf the
, defendant would make a suitable apology, and pay
£2O to the parish of Twickenham,- which he refused
to do. He only prosecuted for example sake, he bad
no enmity to the defendaut, who might have acted
under a mistake.

An Inquisition was taken yesterday at the Trout
public house, in the Hamlet of Yensley, Palish of
Hillingdon, Middlesex, before TIP AIAS STIRLING.
Esq. Coroner, upon the body of Mr. Wm. Howard,
a respectable farmer, 80 years of age, who was mur-
dered on Sunday evening last by some villaina who
entered his house about we o'clock that evening, and
not only beat him till they supposed him to be dead,
but also an old woman, 75 years of age, named Sarah
Randall, who had been 45 years in the service of the
deceased. The Jury went to the house of the deceased
to take a view of the body ; the head was beat in a
most shocking Manner. The Coroner and the 'Sur-
goon visited Sarah Randall, who was in bed ; she
was able to speak, though her face was a complete
mass of extravasated blood, and no hopes are enter-
tained that she will recover ; she said that site heard
several voices, one was very gruff, she never saw any
person; she was sitting by the fire opposite the de.
ceased, who was smoking a pipe, and, was struck a
must violent blow on the bead] sate begged fur
mercy ; they gave her several mitre blows, and she
-was afterwards insensible; she did not hear or see
any body strike her master ; he was very deaf ; when
she recovered she saw the servant, who said some.
body had been acting very bad, she said that she bad
been dreadfully used, she was taken to bed.—(The
Surgeon would not suffer her to say any more.)
The Jury returned to the public house.
Mr. John Curtis sworn—l am a surgeon, and reside
at Cowley, in the parish of Idillingdon. I was called
upon oft Sunday evening last, at about eight o'clock,
to attend Mr. Howard. I came to his house, and on
examining his head, I found that he had received
three distinct blows, which had been given by some
blunt instrumeqt, which had caused a conctis%ion at
the brain, and an internal fracture of the skull. In
consequenee of the•blows which he had received, he
was quite insensible ; he had lost Area quantity
of blood, an 4 never spoke. lam perfectly satisfied
that the deceased died from the effects of the blows
which he had received. He died on Monday after-
noon at three o'clock t he never moved, except from
canvulsive spasms, after he was pat to bed. I also
attended Sarah. Randall ; she had received some hard
blows on the head, and I think that she will not re.'
cover, her head being split open in the centre of the
scalp.; her head Med ill a. nry profuse manner_;. her
!throat is typo hiyl ; she it me that the thira

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