Star.
London, England, 1811-03-18 00:00:00

NAVAL APPOINTMENTS.

Rear-Admiral Sir SAMUEL Henn, IC. B. is appointed Comman-
der in Chief at Jamaica, in the room of Admiral Rowley.
Rear-Admiral Sir RICIARD )(SATS succeeds to Sir Samuel
Hood's command (not to the Baltic command) under Sir Charles
Cotton, in the Mediterranean, and hoists his flag in the Hibernia,
Captain Kittoe.
Rear-Admiral Donnas( is appointed to succeed to the com-
mand at Cadiz ; and the Hon. Rear-Admiral Lzooz succeeds
Sir Thomas Williams, at Lisbon, and hoists his flag in the Re-

venge.
Sir THOMAS WILLIAMS returns to the Channel Fleet, and
hoists his flag In the Royal George.
Admiral DuallAM !Milt] his flag en board the Milford; Cap-
tain Ws. KING is appointed to command her.
The Arethusa, Captain Curtin, takes out Admiral DuaHAM
'SO Cadiz.
• Mr. BLACK, Master, Is appointed to command the Dolphin
store-ship, for the Cape; and Mr. Ives succeeds Mr. Black in
the command of the Prevoyante.
Captain OWEN WM appointed, on the 2d of October last, Ss-
perintendant of Transports, to the Expedition fitting out at Ma.
dras ; and Lieutenants JEL LICOL, Tire N za, and RICHARD Variant
Agents under Captain Owen.
Mr. 'Fitomns JOHNSON, Surgeon, is appointed to the Valiant,
vice Mr. JAM ZS JOHNSON, appointed to the Marengo prison-ship
at Portsmouth, vice MT. HILL, appointed to the Prison Depot in
Scotland.
Lieutevant JnersoN Is appointed to the the Menelaus; Lieut.
SCOTT, Princess Charlotte; Lieut. GaHr, Avenger; and Lieut.
Hoar!, Frigid.
The Gorgon, 44, is fitted for an Hospital-ship far the Baltic
fleet.
acted
Captain THOMAS FZLLOMISS, who has lately so gallantly
with the gun-boats at Cadiz, is promoted to the rank of a Post-
In.
Hain Hint PARIAH M appointed bp tilt monmeatis Ad.
Foley% ilig-shiE,is tube Down&

liNiksiterr nittia.riatiNct •
CAMBRtIGE, MARCH 15.
The Vice Chancellor assembled the Senate of the
University upon this day, for the purpose of commu-
nicating to them, the vacancy in the Chancellorship,
occasioned by the death of the late Duke of Grafton.
He, at the same time, read to the Senate, two letters'
which he had received from the Dukes of Gloucester
and Rutland, announcing themselves as candidates
to succeed the Duke of Grafton in the office of Chan-
cellor of the University. The day of election was
-appointed to take place on Tuesday, March 26th.
We insert the two letters in the order of their le-
' spective dates.

Belvolr Cush, 6th March, 1811.
Sir—Having heard that the Duke of Grafton is in
such a dangerous state of health as to preclude any
hope of his recovery, it becomes, therefore, my duty,
and I trust that I shall stand excused in your sight
for the presumption of my expectations, to notify to
you my intention of becoming a candidate for the
dignified and distinguished office in your University,
which will be vacated by the lamented event of his
Grace's death.
I will not, because I cannot, look for foundation to
my pretensions in any individual merits of my own ;
but I ask permission to state, as a circumstance of no
trivial importance and gratification to me, my belief
that his Majesty has been graciously pleased to express
himself favourable to my cause, and I have the ad-
ditional pleasure of receiving the warmest assurances
of support from the Chancellor of the Exchequer,
.Mr. Perceval.
I will no further intrude upon you at this present
moment, than to request that you will make such use
of this letter, and of the facts alluded to in it, as may
appear advisable to you.
I have the honour to be, with the greatest respect,
Sir, your most obedient and humble servant,
(Signed) RUTLAND.
The very Reverend the Vice-Chancellor.
March 156, 1811.
Sir— As my wishes in respect to the Chancellorship
of the University have been long and generally known,
I should have thought it unnecessary, and perhaps
indelicate to have expressed them formally to you, as
Vice Chancellor, before the expected vacancy had
taken place. Having learned, however, that another
person has officially declared himself a candidate, and
even assigned reasons which induce him to hope that
the University will support him, and many members
of the Senate having solicited me to make a public
declaration of my sentiments, I am apprehensive that
my silence, if longer continued, might be construed
into disrespect.
I will now, therefore, express the very high grati-
fication I should feel at seeing myself chosen to fill
the office of Chancellor ; if the Senate should think
proper to confer upon me a charge that mast be se
truly flattering to one who was educated at Cam-
bridge, and who feels so warmly attached to the
University.
I ground not my pretensions on the influence of
any man, however exalted his rank or character. I
ground my pretensions upon my exclusive and until.
terable attachment to the place of my education ;
being the only one of the Royal Family who has stu-
died in an English University.
I should take peculiar prideht-promoting the ;nee-
;
rests of that body to which I have the honour to be-
, long ; and 1 trust that .the• unvaried deference In
your laws and discipline, which I paid during my reti
dence at Cambridge, will be an earnest of my endea-
vours to maintain your privileges, if entusted to me
as your Chancellor.
I am, with the highest esteem, and great personal
regard, Sir, very sincerely yours, •. • .
(Signed) vitutass siumasaaft
To the Right Worshipful the Vice Chancellor
of the University of Cambridge.
OXFORD, MARCH 16.

The following Gentlemen have been admitted to
degrees :
Bachelor in Divinity—The Rev. Wm. Hungerford Colston, of
St. Mary Hall.
Doctor let Civil Law—The Rev. John Cleaver, of Brasenose
College.
Doctor in Divinity—The Rev. Wm. Hungerford Colston, of
St. Mary Hall.
Masters of Arts—The Rev. James Haldane Stewart, of Factor
College ; Hon. and Rev. Was. NV odehouse, of 411 Sotas Col-
lege, flmnd Compounder ; Alex. Hordern, Esq. of Univer-
sity College, Grand Compounder; Rev. Thomas Thoresby
Whitaker, of University College, Grand Compounder ; Rev.
Wm. Manden, of Merton College.
ECCLESIARTICAL PIOMOTIONs.
Rev. Richard Michell, D.D. Fellow of Wadham College,' Ox-
ford, is appointed to the Rectory of Freyerning, Essex.
Rev. Frederick Beadon, M.A. to the Rectory of North Stone-
ham, Hants, vacant by the death of his father, who bad been 48
years Rector of that Parish.
Rev. Mr. Moysey, to the Rectory of Martin Worthy, near
Winchester.

Rev. Henry 'Thompson, B.A. to the Rectory of Mistlercuria-
Manningtree, and to the Vicarage of Bradfield, Essen, vacant by
the resignation of the Rev. J. Bullock.
Rev. Charles Tumor, to the Vicarage of Deeping, St. James,
Lincoln.
Rev. John Simpson, to the Rectory of Fisktoft, Lincolnshire,
vacant by the death Of the Rev. Dr. Varal.
The Rev. Joseph Smyth, to the Vicarage of Kirby-moor-side,
Yorkshire.

Bow-amts.—Saturday evening, just as the doors /
of Covent Garden Theatre were opened, a female
voice was heard in the passage of the pit, exclaiming,
" Take your hand out of my pocket." Donaldson
and Lack, who were on the outside of the entrance,
rushed forward among the crowd without Making
themseves known, but could not observe a man that
had the least appearance of a pickpocket. They at
length observed a woman feeling others pockets, arid
on looking at her face, discovered her to be an old
acquaintance, of the name of Mary Blakeman. On
seeing Donaldson she desitted, and made her retreat;
the officers followed, and took her into custody. On
searching her, several things were found in her pocket,
a looking-glass in a leather case, a silk handkerchief,
shawl pattern, not unfolded, a box of lip-salve, &c.—
The officers took her to Bow-street Office, and she
was identified to be the same woman whom Towns-
end apprehended in St. George's Church, Hanover;
nare, about twelve months since, for picking pockets,
She is noted for going to churches and chapels, where,
it is said, she made use of false arms. She refused to
tell her residence, saying, she never slept above three
nighti in one place. The prisoner was committed for
further examination.

-4007111 AMERICA.
. The victory of Zuipaelia was much -chore COMM,
:than at first was stated, and decided the fate of Peru.
Yesterday, says Jose do Cordoba, I was an enemy of
ithe Junta of Peru ; to.day, in common with all the
officers of my army, I promise obedience to it, and
place myself-under its orders.
OFFICIAL LETTER OF THE CoMMISSIONER OF THE JUNTA
OF BUENOS AYRES TO THE JUNTA OF CHILL
lUOST EfiCHGLENT Stn.—The honourable exerticw
which the most Excellent Junta of Buenos Ayres have
employed to co-operate in the great work, which, by
a singularly happy coincidence, has been begun'.by
the worthy Inhabitants of Chili, will be continued ;
and, in pursuance orthis intention, it has'sefits#4 coy
a mission of high importance, in the disc- liargeof.the
object of which, I now presume to present mreliher-
fore your Excellency. I feel all the embarrask*At
incident to this dignified office, believing that ‘th's
most Excellent Junta is impressed with the i4icistli74
sentiments towards our August Sovlreign, and wigs.
the warmest attachment to the best interests of gm
people. Under these impressions, I request thatsonr
Excellency will condescend to. direct' that t may tip
admitted to deliver, in the presence or the illuttieti
Cabildo of this capital, my credentials, and, at thO
same time, explain the object of my charge. It will
be unnecessary for me to advert to the principles'Of
the Law of Nations, which allow me such
lege. The rights of nations should be molt sacred
between us, on account of the close bonds by
which we are united, and which should disoOse nit('
establish and maintain eternally our mutual
GOD preserve you many, lears.
I have the honour to be, &c. (Signed)
D. AXIOM ALVAREZ DE JONTS.
Santiago, Nov. e,
To his Excellency the President of the Provisional Junta.

ANSWER OF THE JUNTA.
This day the Junta has requested the illustrious
Cabildo of this capital to meet to-morrow, at tett
o'clock, in the Palace, for the purposes connected with
your mission. The interests of this kingdom are the
same with those of the Provinces of Rio de la Plata ;
and we shall hear you with pleasure. and with a dis-
position to draw closer our connection with you.—
Under these feelings, we hope to see you tomme. •
row, at the time appointed. GOD preserve you.
El Conde de la Confrere, 7
" FERNANDO, Marquez de la Plata, &c.
Santiago, 6th Nov. 1810
To Doc. D. Antonio Alvarez de Joke.
The Deputies of Caracccas left London as sooli as
the object of their mission was completed. The result
was favourable—a Treaty of Commerce was entered
into between the English Government and the Junta
of Caraccas, which will produce-a permanent Mead-
ship between the two nations.
We have received English Gazettes, by which we
arc avrired of theprotecuen ,that will be afforded by
Great Britain toihe just and honourable cause of,thets•
provinces. We learn from ihero the safe arrival of our
Envoy, the Officer Irigoyen. They eescril>e with ac,
curacy the happyinstallation of our Government, in.
sect our Muti*toes and Proclamations„pcsomp
wilds comments which convince us of tii.! gen,,T
feelinbri or tic Eeglish• nation to W ar,is us,undee sug .
nc* Ctreunutances. •e.
, COLONES, ?MIRADA TO ADMIRAL DECOURdir.
Sat-4 have 'the honour to compliment four ET:
cellney, in the name of the Government This eXt
pital, and for that purpose have been appointed ill
Deputy. That Government hai learned with peen.
liar pleasure the arrival of • your Exzellencv nn onr
shores, and has COmManded'lTlE to request of yon to
pay a visit to our illustrious Capital, where the Palace,
of the President of the Junta is prepared for your re-
ception. This distinction is due to yonf Excellency.
and is a proof of the respect we are distioxed to pay
to you and to the nation to which you belong.
ADMIRAL DC COURCY'S ANSWER.
Your Lordship may assure the , illustrious June*
dial feel the highest respect for every member of ;ty
and that it will be esteemed by me a distinguished
honour to be introduced in Buenos Ayres to the per.
sonal knowledge of their Excellencies. Notwith-
standing my indisposition, with which you are ac..
quainted, I hope in a few days to realize my inten-
tion. I have the honour to be, &c.
BUENOS AYRES, DECEMBER it.

"4

Business is still very flat, and for this season patti.
cularly so, as this is the time that purchasers from the
country ought to be in town, as they cannot repass
the Cordelleras if they make it later. Very fee, have
arrived, and owing to the civil war which has been
and still is going on in the neighbourhood of Potosi.
I fear very few will visit us, under the apprehension
that between the two contending parties what escares
one will be seized by the other, and nothing left for
the real owner. As to the town consumption it is
very.regular, and as I have repeatedly informed you.
the market still continues superabundantly supplied
with goods. Hides in a state 6t for shipping begin
to be rather scarce, in consequence of the immense
quantities that have been sent to England. Tallow.
is still high in price, notwithstanding the market in'
England'affords no inducement to remit in that arti-
cle—and indeed from my last advices, nothing seems
to be safe remittance but gold and silver. •
The army of-Buenos Ayres, which was sent to the
interior, has had a decisive engagement with the op.
posite party in Chuquisarda in Potosi, and I have no
doubt but that part of the Viceroyalty is completely
subjected to the authority of the Junta. Belgrano with
a force of about 11000 men is in Paraguay, where as yet
he has met with no resistance, nor do I expect they
can oppose any reasonable force to him, for the peo-
ple are almost unanimous in favour of the change.
and I make no doubt that he villa after securing Pa-
raguay, march to Monte Video, the inhabitants of
which are completely averse to-the mariners who krio
them in awe, and at the ipprciachlof an army to their
assistance, would join them immediately.
I have sent you above some orders of the Junta,
which have been just published. You will, front the
tenor of them, form a pretty correct idea of their rr n; •
•
eiples--they willhave nothing in the shape of Rey t'ty
again, and have lopped Off the appearance of parade
and ostentation. The old Spaniards are terribly vex-
ed, though they dare not spew it, at these orders pro.
hibiting them from hohlMA any public employMeria.

' w• 4


48611447=
•
Vi 0001.14.
tisk verNi-

•JI.PJ.
Lula.--+ ttINO tf. ZHIANAItre.
At nine o'Cloikon.:Wettnesday morning this ttial
tattle on, before Mr. BarottWoodand:teifilpecial Jury:
tally six Special Jurymen of the. peon aneeisied to
their names, but a tales being prayed, the fa/Irwin'

I j`

:~

1;'-• - •

,

..

• .•

Gentlemen were sworn t •
George Upplehy, Esq. . I. EUis 4Chetry Willingham)
Wm. (inborn, Es Thorne. Brown.
. •
John Richardson,Uq. Norwood.
• John Green, Esq. - George Saunders.
Ulan Mennen, Esq. - /oho Cools**.
John Elliott, Esq. • William Mossoje •
The pleadings IsOke !paled by Mr. Rsononsis, and
the case was stated lit Mr. CL4nl3, who, with See;
jeant VAUCIItAN and Mr. READER, conducted the pro-
secution.
The libel was stated to have been published in the
paper called oDrakard's Stamford News," of the
24th August last, and to be embodied in some obser-
sationa headed "One Thousand Lashes," tending to'
create disaffection amongst the Others. to alienate
their affections front their officers, and to occasion a
general prejudice to the military service of the coun-
ty, by holding up the discipline of the army to ab-
horrence, and deterring his Majesty's subjects from
entering therein. The publication, Mr. Clarke
stated, was of a nature so infamous, so seditious and
dngerous, that no good man who heard it read,
Would restrain Isis resentment, or hesirate in his judg.
tient upon it ' • and he thought the Attorney General
would have been grossly derelict of his duty, bad he
not proceeded to ['lost cute the author and publisher
of venom so foul as that contained in the libel.'l-le
then read various passages of the libel complained of,
commenting with severity as he proceeded. The ten-
dency and object of such a doctrine, he maintained,
etatild nutty be to breed mutiny, subvert the military
establishment of the country, and make us, by the dis-
affection of our soldiery, an easy conquest to our im-
placable enemy ; and he called upon the Jury, by
their verdict, to pronounce their sense of the heinous-,
;less of the publication laid before them.
The printing and publishing of the libel were
proved by the production of a copy of the paper of
the 24th of August ; and the responsibility of the de-
fendant, by some official regulations of the Stamp-
Office of which John Booth, Esq. Mr. M. Elgie, and
officer from the Stamp Office in London, gave tes-
ti nony.
Mr. BILMIGH.tm (who had been brought from the
fork Circuit) then rose, and, on behalf of the defen-
dant, addressed the Jury in a moo eloquent speech of
two hours and a quarter.
After some observations upon the ingenious and
sophistical manner in which, he said, the advocate
for the prosecution had tortured the tendency of the
istiedged libel and the intention of the author, he al-
luded to the late trial of the Messrs. Hunts in Lon.,
don, for publishing the greater part of the article
which was the subject of this prosecution, in their pa.
per called the Examiner. They bad copied and
adopted three-fourths of the disquisition on military
discipline, from the defenthun's paper; and on trial
for the alledged offence of so doing, had, by a Jury of
their country, been acquitted of criminality ; 44 and,
(said Mr. Brougham), can that be innocent in West.
Minster which is criminal in Lincolnshire r'
'lee Learned Gentleman proceeded to assert the
right of Englishmen to form and deliver their opi-
nions upon any subject upon which they chose to Et.
lonise their judgment. He begged to be informed
since when it was (that he might know the era for ,
the purpose of cursing it) that an Englishman; feel**
strongly upon an interesting subject, might net
strongly and freely express his opinion ? The right
of forming an opinion was incontestible ; and was it
to be told.or any man, that he must adapt a particu-
lar form of words in expressing it ? The publication*
before the Jury was a piece of reasoning in support of
an honest judgment ; and was the defendant to be
visited with ,two years' imprisonment in a dungeon, be.
close in support a his opinion, he had not argued
of any, aniaperteil iffeebly, an illustrated it obscurely ?
Stately ode. •Whlntiveir were the inconveniences of
ifinern expressions, wi must submit to them, if we
eirtotA havediscitsion at all ; and as to popular da-
intier, iti a free cotrittfy it was desirable rather than
mitc.is tending to a right understanding of affairs,
end 'a lust appreciation' of Measurer. Uproar in
-Englantlis whelecome ;whilst in France (said Mr.
Brougham) every whisper 'is pestilential." The be-
neficial oonSegnencstssf slsocuat.inn, like that new com-
p/ained of was, that in attacking mho flaws and blots
n our establishments, h. produced something. neat per.
fection ; suchdiscussion was the inalienebte right of
Unglithmen ; and 'the most vital part of the Consti-
tenon under which they lived.
In palliation' f that part of the libel which in strong
terms reprobated the Military system of flogging,
called it • a greater curse that the Inquisition, and
the most heart-rending tyranny on this side hell,'
the Learned Cciunscloood passages in the publication
of .Sir Robert Wilson—on the subject of military pu-
nishipents, in which flogging was condemned in
equally'strong tenets; and when he sat down a con-
siderable (-dapping was set rep in the gallery and ex-
tremities of the Court.. The. Judge, with great in-
dignation, censured this indecency, and threatened
one person whom he selected from the crowd, with
itpplisnnmene fesothe offence.
Islo'Con tout, rising to reply to thedefence, observ-
ed, that a stronger proof of the evil tendency arid iu.
Ihkence of the publication of the defendant could not
be shewn, than in the gross attempt which had been
just made to overawe by popular clnmour, and to
bear down the free agency of the Jury. The defence
=safe Tor the present defendant, he said, was ever the
sort of defence made for men of similar sentiments
and conduct: the advocate who had defended the au-
thor of o the Rights of Men" had taken precisely the
same ground, and pleaded the same rights, The al-
lusion of the Learned Gentleman to the trial of
the Messrs. Hunt; gave him (Mr. Clarke) a right be
had not assumed before, of making those very per-
sons witness against the defendant; for although their
will to say all they dare say, was not to be doubtmlo,
it was a powerful circumstance ag,aiast the preset.
defendant, that in copying the article from his peeler
- for which they had been prosecuted, they had omitted
the strongest parts of it, and thus shewn their own
rudgincut of the libellous .tendency of the original.
The preient prosecution, therefore, was for a libel in-
uirely that those-nzen had/dareiterpubliths

~•

'

••• • , • •
mid yet the opinion of the eminent judge who tried j
the cause in which they were eriminated was, that
even their softened publication was a seditious and
mischievous lihel. Alluding to the liberty of the
press, about which so much had been advanced, the:
.Leagued Gentlernaplaid tat too much was assumed!
under that misused phrase : in Prance and other
;
countries the liberty of the prewaximed not, becausiel
licencers were appointed to controol it ; and this et-i
emption from the interforence of the licencers in Brig-,
land, was what rightly was understood by the Vberty
of the press. I: was not to be supposed that any.
man was- to print whatever his seditious views or a
etialignant disposition might snggest, and to call that
the liberty of the press, which he had a right to
enjoy uninterruptedly—no such thing ; but the press
was a free agent to all, but everrnian most answer
for his use of it ;. and it was the office of a Jury to
stand between the liberty and the licentiousness of it.
As to the publication before the Court, read as it
was, and was meant to be, in public-houses, by illi-
terate persons, incapable of deep thinking, it was not,
to be regarded in the same light as Sir Robert Wil-
sou's publication (meant for the libraries of men 44
judgment) : its bane was unaccompanied by any an-i
tidote, and might do inconceivable mischief. It weal
a strange say of encouraging the English soldier, Mil
hold him out as a degraded slave, cut of from thbl
pale of the Constitution, and below the level of his'
fellow subjects. Notwithstanding the boasted excel-
lence of the system of Bonaparte, whose service the
defesdant so much admired, our soldiers never yet.
had met those of the Tyrant without proving the su-
periority of their courage, and their love for their of-
ficers; arid if they weir not reduced or seduced by
such miscreants, as the author of the present libel,
would still repel the enemy and save their country ;
but if therwere to be insulted and taunted, or taught
that they bled for those who treated them only with
cruelty, whilst Bonaparte respected his soldiers and
made their condition superior—the safety of the coun-
try was no longer to be retarded as certain.
The Juno!, in his address to the Jury, observed,
that they had heard a very eloquent and powerful ha-
rangue in favour of the defendant, and the Learned
Counsel had done his duty to his client ; it was the
duty of the Jury to consult the justice of the country.
The Learned Counsel had asked, whether what was
innocent at Westminster should be criminal at Lin-
coln ? He (the Judge) did not wish to speak disre-
spectfully of Juries, but he might be permitted to say,
that the Gentlemen he then addressed were not to be
bound by the conduct of any Other Jury, and he
thought them at least as competent as that referred
to at Westminster, to form a just judgment in tho
matter brought before them. " lam sorry," said
Sir Geor;;eWood, " to say, that we live in an age
when the liberty of the press is most scandalously
abused, and libelling is become a trade." Violent
and inflammatory expressions, he added, were not to
be mixed up with discussion, and to pass under the
cloak of warm feeling for the public good. Let the
Jury examine the publication before them, and see
whether any good motive could reasonably be sup-
posed to have actuated the writer? It was to be feared
that many persons in this country were endeavouring
to assist the enemy in his project of disgusting the
People with institutions by which they were governed.
With respect to the observations ofthe Learned Gcnr
tleman (Mr. Brougham) on the subject of
flogging, he could not but think his speech of this
day would have been better delivered in that Hon.
House of which he is a Member • he. iped he should
soon see him agitate the subject there: if he did not,
it must be inferred that the Gentleman did not mean
as he said. The Learned Judge themalluded to the
case of Mr. Finnerty, as an instance of the extraordi-
nary temper for libelling which was prevalant,, and
the extravagant notions which prevailed about the
rig,ht.of saying and publishing whatever it was fan-
cied could be justified. It was said that individuals
4rad a right to discuss the very laws of the country ;
were we then to have a power beyond the Legislattne
itself? If such were the case, there was no security
to our establishments; but the notion was not only
highly dangerous, bin, in the highest degree uncon-
stitutional. If the Jury could be of opinion that any
thing but mischief was meant by the publication un-
der their consideration, they would acquit the defen-
dant ; but he (the Judge), in the con:tientious dis-
charge of his duty, hacinn hesitation in saying, that
he considered it : most wicked libel.
The Jury withdrew for about ten minutes, and
brought in a verdict of Guilty.
At the above Assizes, on Monday, T. Jana was
arraigned for breaking open the cabin-door of a ves-
sel lying in the river at Brayford, near Lincoln, and
stealing a silver watch, the property of a lad named
Neale, of Donington, waterman, on Tuesday night,
the 12th ult.

The prisoner made a silly defence, about having
bought the watch of a man he did not know, and
the Jury found him--Guilty. He was sentenced to
twelve months hard labour in the House of Correc-
tion.
•CHELMsFoRD, MARCH 14.
CHALK v. KENDALL.
Mr. et•RWOOD opened this case, which was an ac-
tion of Trespass, for breaking intA the plaintiff's gar-
den at South Church, near South End, in this county,
aid rutting a ditch across, which shut out the com-
munication between the plaintiff's house and garden.
The defendant justifie,f wider a demise from the
landlord of the freehold.
Mr. Serjeant SHEPHERD stated, that the plaintiff
was a pdar woman, whose husband bad left her to
'Maintain a family by the produce of a nursery-ground
defendant was her neighboUr, who kept a house
known by the name of the Rose Tavern, near South
End. Her husband formerly held all the ground
which was now occupied by herself and the defen-
dant under Mr. Sernner, who was the proprietor erf
the whole. Her husband, however, v•me years ago,
agreed to give up the Rose Tavern to the defendant,
and assigned his interest to him, on which occasion
it was necessary to lot off the garden, and to say
which part shoed be held with the Rose Tavern, and
which with the adjoining cottage, which Chalk con-
tinued to occupy. The ground was accordingly
Staked out in the presence of Mr. Sumner, who was
the landlord of both. There was a row of fruit-trees
running all the length of the proposed division, and
;it was at first agreed that they should gather the fruit
• and divide it 'between them. However, as it was
thought this might lead to disputes, as to who had
' the best half, if; was ultimately settled tO make aturn

. .
in the fence, so that a part of die trees etould be in(
one garden and part in the others Kendall took pos-
session of his premises, and occupies them as they
ba4been staked out, until last September ; he fahcied
head not enough of the garden, and•thon„ without
any ceremony, he employed some men to grub up
thl hedge, make a new division of the go.rden, and
seized all the fruit, and another part of the plaintiff's
garden, by which he cut off all communication be-
tween the plaintiff's house and nursery,ground.
The trespass was proved, and Mr. Sornner, the
landlord,'proved the original allotment to each party.
Mr. GURNEY, for the Defendant, said his c.iettt
had acted under a mistake ; his lease granted two
acres, and finding the land he occupied short, lie
thought he had a right to take suffiCient to make up
that quantity.
A verdict was taken for the plaintiff, with RS da-
mages.