Star.
London, England, 1828-03-21 00:00:00

01FICIC V HEATHOHN.

this indictment again.t the defendant was for a
nuisance, in keeping a lime kiln near the barracks in
this town, to the great annoyance and injury of the
health of persons living close to the spot, and particu-
larly to his Majesty's troops stati %tied in the barracks.

Colonel Sir John Brown stated Viat he had the com-
ma:id of tic Cava y Depot at Maidstone. His family
always resided at the'barraclo, which were made to
contain 500 men. There were then 150 men at the
depot. Within the last four months, 490 men embarked
for India. He felt great inconvenience from the lime
kilns, and he considered the health of bis family. and
that of the troops, suffered matetially from the effluvia
of the kilns.
- -

Dr. Hart, Assistant Staff Stu gam to the Cavalry
Depot, said he had experienced an intolerable stench
from the kilns, and h.d attended I. 44;1y Brown, who
SI Asill in consequence of the unwholesome vapour arising
t web um.

Co;onel has ris stated that he had been greatly an-
noyed by the nuisance above complained ot.
Lady Brown stated tint the spiell and vapour from
the kiln had lrequently injured her health, which was
restored by removing boar the barracks, but when she
returned she felt the same symptoms.
F. Hoy said he had the honour of being Quarter-
blaster at the Depot, and that he and his taarily had
been greatly annoyed' by the alluvia from the kiln,
Ml. Sergeat ANDA Lies addressed the Jury for the de-
fendant, and contended that no distinct evidence had
been adekced no 'which an indictment could be sup-
ported. The Learned Counsel called a number of
respectrlile witnesses, residing close to the kiln in ques-
tion, who deposed that neither themselves nor their.ffp
sullies suffered any inconvenience or injury of health
born the smoke arising from the kiln.
The Leached RIDGE summed up.
The Jury mired for about an hour, and found the
defendant Not

OXFORD cittcult—STAFFORD, m _Aftcu 19.
Outwit Sim—Before Mr. Baron Vaucurax. -
Isaiah Curran lotus indicted for assaulting Robert
Sutton, with intent to morder him, ur do him some
bodily harm.
_Mr. WHATELEY, who conducted the case for the
prosecution, stated that the prosecutor, Robert Sutton,
was a labouring man, in the employ of Mr. Foster,
residing at Bentley. In consequence of some informa-
tion that had been given, he was sent by his master to
apprehend the prisoncr for stealing turnips; he was
fourd with the turnips in his possession, and quietly
subn tied to be taken to the constable till he arrived at
Darlaston Green, where he refused to go any further,
and taking out his ktriie,inflteted the wounds con plained
. of by the prosecutor. By a recent Act of Parliament,
the owner or the servants of any owner of certain pro-
perty th.:f ein describe?, were authorized, without war.
• ra..t, to apprehend such ',toms as might be found
committing any of the offences enumerated by that
Act. Stealing turnips was one of the offences therein
mentioned. It would be for the Jury to consider, under
• the direction of the Le itned Judge, whether the pro-
'Tutor, Sotton, was, accdrding to the provision of
that statute, just fie.: in apprehending the prisoner ? if
so. he would be acting in the situ • tion of a constable,
and as :rich, if death had matted from the wounds
iiiflived; it would he murder ; but if any wounds- had
been infitted on any person not acting in the capacity
of constable, the eff..nce would be merely manslaogliter.
R bent Sutton then stated, that by order of his mas
ter he went to apprehend the prisoner ; be found him
sitting in a wheat field, cutting the tops eff some tor•
nips that were lying beside him. The next field be
longed to the nirness s master, and was the field from
which the prisoner had taken the turnips. The witness
told the otisoner he must go with him; the pr sone'
said, " Well, 1 will go r and accordingly went with the
itness to his master's house, about 200 yards off; and
from thence they departed together, for the purpose of
the prisoner's being given up to the constable. When
they Rot to Darlastoo Green, the prisoner refused to go
any further; and on the witness taking him by the col-
lar to compel him, the prisoner tock out his pocket
knife, and tried to cut the witness in the face, and cut
him oa the wrist of the hand by which he held him.—
Tne witness then threw him down; and on expostulating
with the prisoner for cutting him, the prisoner replied.
I would as soon cut. your throat WI your wrist. The pri-
soner was subsequently delivered over to the constable.
Mr. Baron-VAUGHAN expressed an opinion that the
evidence would not justify a conviction under the statute
alluded to.
• Mr. WHATIILLY said he fully concurred in his Lord-
ship's opinion, and stated that he had no wish to press
• the charge against the prisooer ;he was not, at the time
be opened the case, aware that tha evidence would vary
.
se much from the instructions.. • •
The Learned JUDGE thin referred to the words of the
- Act, whisk stated that it any persou was found coin-
twitting any of the offences therein mentioned, they
might be apprehended without a warrant, and taken
. forthwith before a Magistrate, to.be dealt with setae&
.ing to law. The act of taking theproporty in question,
his Lordship observed, was the offence: now the pri-
soner had not been found in the act of taking, and could