Star.
London, England, 1810-08-28 00:00:00

LORD VALENTIA it. STEWARD.

This was an action of trespass, that went, on the
part of the plaintiff, to do away a custom which was
claimed in justification of the defendant cutting
down timber, on Upper Arley manor.
The timber in dispute was a crab-tree, which had
been cut down by the defendant • and the Learned
Counsel made a particular point of ascertaining who
had been accustomed to gather the aftfiles ! This
being the custom in dispute, it had been pleaded, that
a Thomas Price had only been gathering a few pears
off it, to make him a drop of drink.
What rendered this confusion of the 'vegetable spe-
cies more laughable, the succeeding Counsel, who is
not less distinguished for hi s wit and eloquence, than his
general correctness, commenced his examination of a
witness by tracing an old hedge ; and, looking his
brief too briefly over, asked them to begin at an ash-
pop/ay I (an ash and a poplar.)
The case, however, resolved itself into a question
of boundary, Whether the crab-tree, and other trees
in dispute, grew on the lands being the copyhold of
inheritance of the defendant, or on the waste of the
Lord of the Manor, Lord Valentia ?

The Learned Judge, in summing up, gave a brief
and clear analysis of the various evidence, written
and verbal, that had been produced ; and which went
to establish the boundaries of two small paddocks,
that had for a number of years crept into dispute,
from an old and irregular fence, which was contended
to have originally terminated them. The Jury, after
a short consultation, returned a verdict for the plain.
tiff, as to the land on which the crab-tree grew.

HAWTHORN, WIDOW, W. FRY.
This was an action on the part of the plaintiff, a
widow, and relict of the late Francis Hawthorn, sur-
geon and man-midwife, of Stafford, against the de-
fendant, who was her late assistant, and wlin had
contracted to serve her faithfully, and not, at the ex-
piration of his services, to set up the profession in the
same town ; for which breach of contract the action
was brought.
Mr. Hawthorn, of Uttoreter, brother to the late
Francis Hawthorn, deposed to the terms of agree.
ment ; and stated, ..hat the defendant, at the time of
agreeing to them, shed tears in commiseration of the
fate of the widow and her large family. Had heard
of the defendant relaxing in his duties, but was never
witness to any instance of it. Defendant was promised
a sum as a present, if his conduct was approved—no
sum specified, nor obligation on the part of the plain-
tiff to fulfil her promise.
Francis Hawthorn, jun. aged la, deposed to seve-
ral instances of the defendant refusing to attend his
business : in one case, with a member of a club, which
the plaintiff contracted to attend at SO much per head,
whatever number might be ill. Plaintiff had lost se.
veral customers on account of the defendant com-
mencing business—customers sometimes loft by their
' dfing! Deponent when very young had made up medi-
cines—one time made a mistake; but the patient took
the medicine—might in some instances have sent the
wrong medicines to different patients—blame fell on
the defendant.

Miss Hawthorn deposed that the defendant threa-
tened that he would oppose the plaintiff and her son.
Plaintiff and deponent's uncle offered defendant 20
guineas, over his salary, to stay a certain time longer;
which he refused.

A late servant of the family deposed to the general
good treatment of the defendant, and to his frequent
neglect of his business.
Mr. T. Turnock deposed to various menaces on the
part of the defendant, to set up against the widow.
Mr. R. Jones deposed to having employed the
plaintiff, as surgeon, &c. and that he now employed
the-defendant.

Here several witnesses were examined to the same
effect.
In summing up, %is Lordship remarked, that k
must rest with the Jury, what agieemeat was made

and whether the defendant left before his time by the
plaintiff's consent, or not, &c.
Verdict for the plaintiff—Damages £5. The da-
mages were laid at £lOOO.

BODMIN ASSIZES.
BREACH OF PROMISE OF MARRIAGE.

COMMINS V. BARBER.—Miss Commins is a very
beautiffil and respectable young lady, and a relative
of Mr. Commins, of the hotel in Falmouth, in whose
family she resided. The defendant, Mr. Thomas
Barber, who is a commercial gentleman of Sheffield,
happened to put into Falmouth in July 1808, on
board a Portuguese vessel called the Meyo Mundo.—
He was the supercargo on a voyage to the Brazils,
for which this vessel was freighted by Messrs. Barber
and Genn, off Sheffield, his uncles. The vessel being
wrecked in Falmouth harbour, and her cargo landed,
the defendant was necessarily detained there to take
care and dispose of the property; and it was during
this detention that the defendant, as Serjeant LENs
stated, paid his addresses to this young lady ; and
after gaining her affections by the most assiduous at:
tentions, and by letters which exhibited the strongest
feelings of attachment, he had suddenly, and without
the least reasonable pretence, deserted her. Ijis let-
ters were written in a style that disappointed the cu-
riosity of the crowd in the Court, who, as usual upon
such occasions, expected some ridiculous exhibitions
of epistolary tenderness ; for the language and tone
of the•lover were correct and respectful, though not
deficient is energy or spirit. It was not therefore to
be wondered at, that the personal assiduities, the elo-
quence, and the flattering promises of such an ad-
mirer, had won the heart of a female who had nei-
ther made vow nor promise against the state of• ma.
trimcaly. She gave him her affections. He em-
barked on a voyage for Curacoa, and during the voy-
age she received repeated assurances from him, that
amid the winds and waves of the tempestuous ocean,
she WA:. the polar-star that guided, and the anchor of
all his hopes. What then was her surprize when she
received an ef istle from him, in the autumn of 1809,
stating that his losses at Falmouth (alluding to the
shipwreck of the Meyo Mundo), the defalcation of
an agent at Curacoa, &c. obliged him to break off
the match !

Mr. Francis Symons, of Falmouth, the ship-agent,
proved that the cargo of the Meyo Mundo was in-
sured.

Mr. Robert Williams, of Falmouth,•surgeon and
apothecary, proved the attention paid by the defen-
dant to ale plaintiff.
One of the thirty-six of the defendant's letters that
were produced, proved his expectations from his un-
cle and father were equal to £BOOO.
Mr. Jegvu.'s ingenuity and eloquence were not
sufficient to weaken the evidence, nor rebut the
charge.
Mr. Justice BAILEY spoke in strong terms of the
improper conduct of the defendant, and the very pro-
per conduct of Miss Commins.—Yerdict for the plain-
tiff, with £5OO damages.