Star.
London, England, 1817-12-08 00:00:00

SAUNDERS V. SAUNDERS.

;l

• This was a suit instituted by the wife. against her
husband, (an elderly man, in the situation of an
overh)oker in the East India House). for restitution
of conjugal rights, upon'the ground that he had se-
parated from her without just cause.
The husband appeared before the Court, and was
admitted to sue in forma isaviteris. Being mired what
.he could allow his wise to live upon, he replied, that
he had only £lO4 per annum, from his situ:l64n in
the India House, and could allow only ss. per week.
Being told by the Court he ought to allow her sure
out of his salary, Defendant replied. he was £s') in
debt, which he was under the necessity of lisptidating
by instalments of 41 per week. Being then .pressed
to take back his wife and keep her in his house, he
shook his head, and answered—“ No, no, I can-
not dolhat, for she has already too often put me in
bodily fear, by threatening to take my life."—The
Court then assigned him Counsel and Proctor to
conduct his defence.

COURT OF COMMON PLEAS.
TOLLS IN COVENT-GARDEN MARKET.
LOWDIN AND ANOTHER V MICRONS.

This was an action of assumpsit by the lessees of
Covent-garden Market, under his Grace the Duke
of Bedford, to recover certain tolls alledged to be
due by the defendant, a market gardener, in respect;
of peas, beans, and other vegetables brought by him
to the said market. There were counts fur the use
and occupation of a stand for the defendant's carts
and waggons, but those were abandoned, the plaintiff
relying upon the counts for tolls. The question in-
volved in this action is of the utmost impoaance, not
only to a most meritorious and numerous class of
persons, namely, the market gardeners, but also to
the public in general.
The case of the plaintiff was conducted by Mr.
Serjeant Bar, Mr. Serjeant Bno.s.serr, and Mr. Es.
EINASSIij and that of the defendant by Mr. Serjeant
LENS, Mr. Serjeant °snow, and Mr. Seq. Coney.
The object of the action was to establish a right
on tie part of the lessees to take tolls for peas and
beans entering the market, after the rate of one penny
her sack : the defendant insisting that the proper toll
payable was 4d. for each cart, and Is. fcr each wag-
gon, loaded with peas or beans, no matter what num.
ber of sacks the vehicles might contain.
The case of the plaintiffs rested upon the demise
granted to them by the Duke of Bedford for one year.
at a rent of £2,900, to %%hid: demise was annexed a.
schedule of tolls payable on vegetables sold in Comet..
garden market within the dtntcr stone ; nest a late
Act of Parliament passed for making the tolls pay-
able by the sellers, and not by the buyers of vege.
tables ; and, lastly, the oral evidence of a great
many market-gardeners and salesmen, to.shew that
the toll of one penny per sack for peas and beans ha 4
been a great many years demaudt.d, and acquiesced
in by the witnesses.
?dr. Serjeant LaNa addressed the Jury on the part
of the defendant at great length, and afterwards
produced ancient documents trim the Parliament
Rolls' Office, and then called a great number cf
Witnesses, for the purpose of chewing—lst. That the
right to take toils at all in Covent-garden war ex-
tremely doubtful, the power so to do never having
been granted to the ancestors of the Duke cf Bed
ford. 2d, That the right could not be upheld by
any custom alfch had obtained, inasmuch as the
amount of the tolls had varied from time to time,
and had not !hat certainty which was required to
maintain a custom ;'and, SJ, That the practice had
been for a wigs of yekrs, as long as tile witnesses
.could r±ernembeK to pay 4d. for a cart, and Is. for a
waggon loaded with peas and beans. The sum sought
to be recovered by this action was Eld. for two carts,
the defendant having tendered that sum to the Col.
lector, tut had not pleaded the tender.
Mr. Serjeant Brat, in the course of Mr. Serjeant
Lenses address; discleim'ed any privity on the part of
the Duke of Bedford to this action, and denied that
he was instructed to appear for his Grace.
Mr. Justice PARK, before the defendant's case was
concluded, intimated a strong doubt whether the
plaintiffs could recover a verdict even for bid. because
he was clearly satisfied that no legal title had beer
made out to take tolls at ail, and therefore he re-
commended that a Juror should. be tea:lir:awe. in
order that the question as to the legality cf the tiOrt
assumed by the Duke Of .B if. rd might not be pre-
judiced by a verdict to wtaz!) he was no pal ty.
Mr. Serjeant BEST eXprVieti his determination to
go to the Jury for 84. insisting, that inasmuch as the
i defendant had not pleaded a tender, he could net re-
I sist the verdict fur that sum.

Mr. Justice l'aust acquiesced in the strictness of the
Learned Serkant's nhj ction, and directed the Jury
to find a verdict for the plaintiffs tor Sd. but gave
the defendant liberty to m,.ve to enter a nonsuit.
The Jury. accordingly f, uni a verdict for the
plaintiff—Damages, Eight-pence ; and chits, by this
decision, it is now settled that the lessees of the tells
have no right to charge Id. for the sack r'f peas and
beans, but that the proper mode, in all events, Is
only to charge 4d. for each cart, and Is. for each
waggon load.

We have given accounts of Geo►ge Chemull. juninr,
of Godalming, and William and George Choler fl, hi.
associates, being committed to liwsemonger-lane
gaol, up. ,n suspicion of having committed two mur-
ders ; clue of old Mr. Chennell and his housekeeper,
at Godalming; and the other, previously, of a man
named Searson, within a quarter of a mile of Peters.
field. Since the committal of the above prisoners,
'another investigation has, at the instance of Lord
Islioutirosi, been proceeded on regarding the mur-
der of a Mr. Stilwell, on the !ruder. of Holt Forest,
Esett, in the month of June, 1816 ; and, from the
evidence given, they are strongly suspected of being
the perpetrators of this murder and robbery, in addi-
tion to the black catalogue already enumerated._
Chennell, jon. and the Chalcrofts will be tried first
for the murder of George Chennell, m.o. and his
housekeeper, and if the evidence should not be sufli•
ciently conclusive to convict them, they will be put
upon their trials either for the murder of the young
man at Petersueld, or of Mr. Stilwell.

John Ballow :. in the employ of Messrs. Homan,
P4rdoe and Co. Kidderminster. was committed on
Wednesday last for trial, charged with-having set
tire to the mensive woollen and worsted mill, be-
longing to goer firm. which was wholly consumed on
Sunday senuight, as already mentioned in this Paper.
Lan week the yards of the Rev. R. N. RAMPS, of
Drayton. in Net-folk, were robbed of all his poultry;
sad on Wednesday a yard at Costessey was plunder-
ed of twenty-five fowls.

UNION HA I.l..—SAtnrasy J. Brown was charged
with conveying a quantity of spirits into the King's
one of the turnkeys, stated
ttntcthheripirs'iso'n.netlrh.abidta)rrwisCioden kg, which was con-
structed in such a manner that between the stump of
the thigh and the upper part of the wooden kg a ca-
vity was formed, in which was deposited the liquor
in a bladder, but the contrivance did not escape the
Argus eyes of Mr. Morris, by whom he was secured.
He was adjudged to pay £lO, and not being able to
do so, he was committed for 14 days.
M FLANCHOLT CIIICLAISTANCGAbOiIt 12 o'clock,
nn Saturday might, a hackney coachman infor.ned
the watchman, near Temple Bar, that there was the
body of a man lying, as he supposed, dead, in the
street, near the railings of St. Clement's Church,—
The watchman procured the assistance of two or
three others, and hastened to the spot, where they
found the unfortunate man as described.. They lifted
him up, but he chewed no signs of life. One of the
wrchnsen put him ()whit knee, whilst anptiterrub-
bed his temples ; another brought a glass of water,
when the unfortunate man breathed, and recover ml
so far as to say that his name was John Wind, ut,
carter, end lived in White Cross-street. The watch.
men carried him to the watch-house at the New
Church, in the Strand, in order to-procure medical
assistance. but before they arrived there he died ;
he was very dirty, and it is supposed he was in liquor,
and fell out of his cart, and that in that situation
more chlorine coach mast have passed over him.--
He appeared to be about 45 years of age.. The body
was taken to St. Clement's workhouse, in Portugal.*
street, for the inspection of the Coroner's Jury.

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• prosecutor might as well give him a receipt fer 4100. Mr. Serjeant LANs addressed the Jury on the part to them.
raid in pirt, aid tendered what the prosecutor sup- of the defendant at great length, and afterwards We have given accounts of Meer
posed to he such a receipt as be described. Under produced ancient documents Wien the parliament of Godalming, and William and (;el
that suppn..tion the prosecutor signed it;. but after- Rolls' Office, and then called a great number cf associates, being committed to I.
war.fs. on applying tot' further payment, his receipt viitnesses, for the purpose of shewing—lst, That the gaol, upon suspicion of having con
in full fcr one pound was Fie:hued, signed by him, right to take tolls at all in Covent-garden was ex- dens; one of old Mr. Cliennell and
iestead of a level,' for Alter in part, as he had sup- tremely doubtful, the power so to do never having at Godelming s and the other, prey
posed. U; on this discovery of the imposition put been granted to the ancestors of the Duke cf Bed named Seareon, within a quarter of
upon hint, the prosecutor died his bill in equity in the ford. 2d. That the right could nut he upheld by field. Since the committal of the
ke ch q'ver ; to which the defendant put in his an- any custom which had obtained, inasmuch as the another investigation has, at the i
s. er, au.; upon that ni;swer the perjury was assigned, amount el the tolls had varied from time to time, MID/Mt:TON, been proceeded on fee
namely, the defendant having there sworn that the and had not !hat certainty which was required to der of a Mr. Stilwell, on the !slider
• receipt for one pound in full of all demands was en- I maintain a custom ; ' and, SJ, That the practice had Esee, in the month of June, 1816
tirely in the hand-writing of the prosecutor. This I been for a snip 'of yehrs, as long as the witnesses evidence given, they are strongly as
receipt eat. in the poseession of the defendant. The [could remembeK to pay 4d. for a cart, and Is. for a the perpetrators of this murder and
production of it would prove decisive of the cause, waggon loaded with peas and beans. The sum sought tion to the black catalogue alread
as it would prove itself either to be, or Hot to be, the I to be recovered by this action was Sd. for two carts, Chennell, jun. and the Chalcrofts a
band-writing of the prosecutor. the defendant having tendered that sum to the Cols for the murder of George Chenni
The bill and answer were then put in and read. lector, tut had not pleaded the tender. housekeeper, and if the evidence sit
Thomas Washington stated that he we, a ribband Mr. Serjeant BEST, in the course of Mr. Serjeant ciently conclusive to convict them,
weaver, residing in Thomas.streee, Bethnal Green. Lents address; diecleisn'ed any privity on the part of upon their trials either for the min
The defendant was a silk weaver. Witness was in the Duke of Bedford to this action, and denied that man at Petersfield, or of Mr. Stilwel
piison-in 1816; whilst there, he advanced some ono- he was instructed to appear for his Grace. JAN Balocorr. in the empley of I
ney to the defendant; after his discharge he applied Mr. Justice PARE, before the defendant', ease was Pardoe and Co. Kidderminster, wa
to have it back; on that occasion he gave a receipt; concluded, intimated a strong doubt whether the Wednesday last for trial, charged
be did not think he was signing a reseipt for 41 in plaintiffs could recover a verdict even for fid. because tire to the extensive woellen and
full of all demands ; did not examine the stamp ; to he was clearly satisfied that no legal title bad been ti lunging to that firm, which was whi
the best of his recollection, he did not write the whole made out to take tolls at all, end then: fore he r.e- Sunday at nog rt, already mentio
• ' ' I as
of the receipt.—trbe receipt was here Landed to the commended that a Juror should. be witeirit'Nr. 111 I Lau week the yards of the Rev.
witness.]—The signature was his Mho thought the order that the question as to the legality cf the riebt
Drayton, liiNorfolk, were robbed o
'
words e received the 20th April," his writing ; assumed by the Duke of 'Bea., rd might not be pfd- ,
and on %% ednesday a yard at Cotesbut did not think the words 4. of Thomas Gable, set judiced by a verdict to sef•ich he was no pat ty.
rd of twenty•five fowls.
in cull of all demands," were his writing; he did not Mr. Serjeant Bur expressed his determ:nstion to
think they were. UNION; HALI —Sittlialy J. Brc
go to the Jury for 84. in.isting, that inasmuch as the " e -
Lotd ELLE:en:motion told him it was necessary he defendant had not pleaded a tender, he could not re-
with conveying a quantity of spirits
should say positively whether he had written the sist the verdict for that sum. Bench Prison. Mr. Morris, one of tin
whole or not, which he must know. Mr. Justice PALM acquiesced in the strictness of the that the prisoner had a wooden kg,
The witness again said he did not think the words Learned Serkant's olsj ction, and directed the Jury structed in such a manner that betw
be had mentioped were his. to find a verdict for the plaintiffs for SI but gave the thigh and the upper part of the
Lord ELLESII.,IIOLOII asked, if nn this evidence the defendant liberty to rose to enter a nonsuit. vity was formed, in which was dep
- she,Cotursel ter the ?rosecution would proceed further? The Jury accordingly e end .1 verdict for the in a bladder, but the contrivance d
Mr. Gunxer said, be had a dr Zen of witnesses plaintiff—Damages, Eight-pence ; and thus, by this Argus eyes of Mr. Morris, by whop
who would sweat to.the whole being the prosecutor's decision, it is now settled diet tee lessees of the tells lie was adjudged to pay 810, and
band-writing. • have no right to charge Id. for the sack of peas and do so, he was committed for 14 da'
Mr. Cuftwooo eald, on this evidence he would not beans, but that the proper mode, in all events, is Meemeenoev CHICLMSTANCE.—Ii
press for a verdict of guilty.—The Jury immediately only to charge 4d. for each cart, and Is. for each on Saturday night, a hackney cor
tuella the defendant—Not Guilty. waggon load. the watchmen, near Temple Bar, tl
DOC kilts' COMMONS. OLD BATLEY SElSloete. body of a man lying, as he suppo
• - C. IHIAMILTON, ?SQ. V. bfAIIIA IMISIOLVA HAMILTON. Saturday William liatclimals was indicted for for- street, near the railings of St. Clefs
This was a proceeding in pce.iam against the wife ling and nutting as true a note for the payment of The watchman procured the assis
far adultery with Lieutenant Knight, of the Royal one pound, with fount to defraud the Governor and three others, and hastened to the
• Navy, she not having appeared to the suit.
.After re- Company of The Bank of England.' found the unfortunate man as dew
citing various affidavits in proof of the facts con- ' The prisoner wished to withdraw the plea of. No- him up, but he chewed no signs'of
wiled in the libel, Dr. Swabey prayed teutcnce. Guilty, and to plead Guilty, but Mr. Serjeant BOsAN- watchmen put him on.his knee, we
Sir WILLIAM Saar observed, the marriage in this Qum'. on the part of the Bank, would not accept of it. bed his temples ; another brought
case was proved, and also that the parties afterwards M. Justice BAILEY said the prisoner Might plead when the unfortunate man breathes
- cohabited and lived together as man and wife. The Guilty if he pleased, but he could hold cut no un- so far as to say that his name WI
binbiald, it appeared, went to Jamaica on his private derstanding to him that it would have
.any effect in carter, and lived in White Cross-stri
, affairs in 1811, and resided there for several years.— diminishing his punishment. and most probably it men carried him to the wateh.he
During his absence his wife resided in Kent, with would not; it would therefore be better for him to Church, in the Strand, in order to
Lieutenant Knight, by whom, it was proved, she have his case regularly tried, and to take the chance assistance, but before they arrived
was afterwards delivered of a child, in a cottage in of the Bank not being able to prove any thing against he was very dirty, and it is supposed
Hampshire, they both passing under the name of Mr. him. Guilry—Death. and fell out of his cart, and that
and Mrs. de Bare; and living and cohabiting toge- CAarletts Meaux awl Geary Afmstfild were indicted more thanwne coach must have pa
.tber as man and wile. The proof connected itself for forging and uttering as true a note for the pay- He appeared to be about 45 years of
with the identity of the parties, which established the meat of one pound, with intent to defraud the Gower- was taken to St. Clement's workho
tact, that Mrs. de Bate was Mr. Hamilton's wife; s nor and Company of the Bask of England. Yerdict, street, for the inspection of the Cori
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