Star.
London, England, 1828-08-18 00:00:00

LAW INTELLIGENCE.

COURT OF CI;ANCERY, Aucust 16.
GRANT V. GRANT.

The LORD CHANCELLOR gave judgment in this case,
which was an application that a writ of ere (scat regno
.11.;tild he ciischarged. It had formerly been marked
for 13.000/. but that sum was afiervitarai reduced by
Lo:d Eden to 6,0001. and the writ now stood as a ie•
curity for the latter sum. The merits of the case were
exactly the same when the matter was fully discussed
before Lord Eldon as they were now; but it had been
contended in argument, that the writ ought to be dis-
charg,ed, because certain amendments bad been made in
the bill since the writ was ordered. This argument
was not supported by any decisions which had been
mad,: on the point in Courts of Equity; but it was
treated as a question arising for the first time, and that,
by analogy with the practice in Courts of Law with re-
gard to bail, the security ought to be vacated, when the
demand of the party complaining was varied either in
its substance or in its form. The cases, however, were
go different, the principle one so peculiar to Courts of
Equity, that it could not 13~ affected by the supposed
analogy. The mete fact of amendment was no reason
vi by the security should be vacatrd ; if new matter
had been intriductd, the question might perhaps have
arisen ; but here, although the amendments were
numerous and lengthy, it did not appear that they
could properly be called new. Consistently with the
practice of Courts of Equity, parties were not only per-
mitted to make alterations and amendments which went
far beyond the limits of the rules in Courts of Law, but
,hey were actually obliged to do so in order to keep
• nits on foot, and to provide for the ever-changing acci-
dent. of human-life, and of events which ought not
impede tie administration of justice. New parties had
been added to the bill in this cause, but they were the
re}:reseritatives of persons who had been or ought to
tiave been parties to the original suit,' and who were in
tact merely formal parties. The suit was respecting an
*recount founded on bonds on the one side, and legacies,
accounts, and various transactions on the oiher
which had been dealt with in this Court- for a long
ptriod, and had become of a very complicated:nature.
The addition of parties had become inevitable, be,..
cause circumstances had happened, not produced
by the acts of the parties themselves, which ren-
dered it necessary that they should-be brought before
the Court. There were other amendments which
had been made conAstently also with the practice of
the Court, because they hid been made in consequence
of the answer cif the defendants, who set up an aitcourft
and a statement cf payments which weie'disputed ; and
they therefore foiind no ground for vacating the secu-
rity of the writ. The first had been originally instituted
for an account; it iiad been ascertained that there was
a balance, and the su.t was now proceeding for the put-
pos.: of enfircing payment of that balance: His LOfdship
s ivi no reason CO suppose that the 6,0001. fixe'd by Lord
Eldon was too large a sum to demand scout ity for, and
he therefore dismissed the motion with colt;;.

DEW AND -CLAI IZE.
This cause, which had been risedior farther hearirig
to-day, was called on. •

Dr. PHILLIMORE addressed the Court.'wgainly the
commission of review which is- paitioned for 'aniriai
heard until the Luid Chance:lor isoc.
. •

ASSIZE ;INTELLIGENCE.

/.

OXFORD CIRCUIT—GLOCCESTER, Atio.ls.
- CROWN Sun—Befure Ain Baron VAcumAw.
James Johns, a sailor, aged nineteen, was indicted for
having maliciously cut and womied R ibert Hutchings,
on the 30th 01'July last, in, the p.aristi of Berkeley.
M. CARRINGTON appeared for the prosecution, and
st.tted tire case as it afterwards was pr(Ned. in evidence.
The prosecutor, it appeared, wal_tbe Commander of one
of the vessels which are empliryed in the trade of. the.
Severn, and the prisoner is areaPpeentice of the owners.
of the vessel, and sailing under his command.
Robert Htichings-0 i the 30th of July lait I corn.
mandeo the brig Lively. Tne prisoner was an apprentice
-see ving under me. At hali.past eight in the evening I
returned on board, and desired the tea-things to be got
ready. He replied impertinently that there was no use
in that, as there was no butter : he then went on deck
grumbling. I followed him, and told him if he did not
hold his grumbling I would give him a clout on the
head. He continued to grumble, and I gave him a slap
with my left hand, and he directly drew a clasp knife,
which he held in his hand, across my face and eye; be
cut me in six diffraent places during the scuffle whi'ch
ensued ; I don't ktiow how m my cuts I received before
I struck him a second time; I pushed him down upon
the deck, and called for thr... mate ; he did not come, bait
a shipwright at Berkeley, named Marlow, came to my
a.si..tance ; the prisoner made his escape from the ship,'
.and concealed hitnselt in a held; the ;:risoner is not my
apprentice, but under my command for the owners .1
the ship. .
James Marlow was on board the Lively on the day
in question, and seized the prisoner's hand while he Was
using the knife; when I saw the Captarn he was hold-
ing firs Lead on one side, as it from t:ar of the knife.
Stephen Jenner, a surgeon, proved the injuries the
prosecutor received. There wee e two severe cuts across
the orbit of the eye, and across the nose. There were
also some smaller cuts, as if iron' the point of the knife.
The prisoner made no defence, and the Learned
Josses having intimated an opinion that there was just
so much of provocation in the case as so give rice to an
opinion that the prisoner might have conimitteJ the
offence in the heat of blood; and; therefore, it death had
ensued, to have been only guilty of rnanshtighter, the
Jury acquitted the prisoner of the capit.ll charge.
Ile was afterwards however tried, found guilty of an
aggravated assault, and sentenced to be kept to hard
li:l)Gur for two years in the Penio.ntiary.
Thu Learned JUDGR commented, wilt well de'erved
severity, upon the heinous nature of die prisoner's offence,
and ob..erved that the crime of which be had heels guilty
*di separated by a very narrow 'rine indeed from that
a hich must be considered as amounting to a capital
ieloily. The prisoner received these admonitions with-
out manifesting the slightest emotion, and tetite-,1 from
Ithe bar with an expression of somewhat more than M-
u:lierei.ce to the authority under which he had been so
justly, yet so mercifully punished.
Aucusr 16.
CROWN Sant—(Before Mr. Baron VAUGHAN).
Joi.n Harrison was indicted, charged wail having lea.,
lonitiu:ll assaulted arid ravished Maria Powell, spinster,
on the 6th June last, in the parish of Leonard Stanley.
Maria Powell, the prosecutrix, said—l was nineteen
years r.f dge id June last. My brother, Abner Powell,
is a married man, and lives at Leonard Stanley, and I
live at his house. On the 6th of June I went to Wins.-
coathe, and I commenced my return. I waited a short
tone with an old fellow servant, who went,with me
nearly half my way home. On arriving at lludbridge-
lock, pn the Stroud water canal, I saw the prisoner, and
asked him the nearest way to Leonard Stanley. He said
it 1 followed him he would show me. He was very
civil till he cafte to the road that lest to his own home.,

He then said he was going to Stanley-end, at)d left me
to go home, I continued on my way, and wished him
a good night. There is a footpath across a meadow,
'which leads to my home. When I got ahout'2o yards
into the meadow I saw the prisoner coming after me,
and when he came up to me he said, " I think I shall
go this way, as it is as near to
_my home as the other
way." lie then took hold of my arm, and said we'll
walk together. I said 1 will not, if we are An stay all
night. lle then let me go, and said, a; Well, if you ate
determined not to walk arm in arm, go forward." I then
went on for about one field's length, and he came up
and put his arm round my neck. I said, " You :..hall
not do that; it is hard if I cannot walk along w ithotit
being interrupted by such as.you." He then went away
very quiet and civil for some time, and asked me to go
to the King's head and have a glass of something. I
said I had had plenty where I had been, and when we
got to Stanley Mills he said he would kiss me. He
tried to kiss .me, and threw me down ;I resisted as much
as I could, and cried out si murder!" four times. This
was helot e I fell. He then put his hand upon my mouth
and Iris foot behind mine, and threw me down with great
violence. I resisted all I could, hut he said he was
determined to succeed before he left me. I struggled
hard to prevent his touching my petticoat., but was
no more than a baby in his hands. From the time
of his first louseling me, to the time he left me, as
near as I can sat, was half an hour. I am• not sure a-.
to the time, as I was not quite sensible all the time. I
put up my hands, and hoped the LORD would have
mercy upon toe. (The witness then described mote
minutely the commission of the offence). When the
prisoner got op he ran away. I think he heard a young
man coming up ; it was a young man named Critchly.
I asked him to run after the prisoner. He said he
thought it was, my sweetheatt. .1 told him the man
nad used me vets, wrongfully indeed, and should he
much obliged. to him if he would follow him. On
going back about three yards to look For my umbrella
and gloves, I found a rule, which I took home and
showed to my friends; I was so weak, that if Iliad not
beets supparted by Critchly I should have fallen. I went,
as fast as 1 could to Abigail Fisher's; Critchly stopped
behiod, talking to a young man and woman we met at
stile; AhigaW Fisher was in bed, and 1 went on home
as fast as I could.; any sister said when she saw me—
" Good (ion, Matia, what is the matter ?" and I fell
down on the poach at the door; I told her I hid been
very ill u.ed by some .man, and I did not know who it
was, though I had his rule to show; it was half-past
ten. when I reached home; I had never seen the prisoner
befose, Mast I am sure he is the man ;- I can tell him by
his speech, and the way. he takes breath; I knew him at
Stroud ; at the magistrate's I said I was sure he was the
man, though I did not point him out from others; the
man ><rho ill used me was the same man who spoke to
me at the bridge, and walked with me—[The bonnet
worn by the witness was now produced, and was sadly
dislitered.j
(,toss-examined by Mr. PIIILLPOTTS—I had a glass
of. elder wine, some tea,. and a little beer at the places
I called ,at on the road from Brinscombe. I followed
the prisoner when I asked bins to show me tlle way. I
thinkhe had a blue coat on, but I am not quite cert
1 01d.nlry,ftiends be had..a smock frock on, but was no!
quite sure. I remember telling the Magistrate that I
thought he had a smock frock on, but I was not sure, I
was in such a fright. It was a lonesome place where he
threw me down. its a meadow, three or four yards from
a footpath. I told my sister the man was not tall or
short, but very •tout. My friends did not, from, my
'description, go to look alter any one but the prisoner.
When he was ill-using me, I•.cried murder once, and he
told,me if . I did so again, he would stop my meads
with something. and said lie would give me.s;. I said
I would not have any of the money, and continued
struggling and crying out.
Thomas Critchly. said, I ,am a cloth-worker living
at Kiug'a S anley, and remember being in.the meadows
about half-past nine on the night of the 6th of June last,
and bearing a stilled worn io's voice, as if in distress. I
went towards the spot, and saw a man and woman on
the grais, about a foot from the path. They lay there
till after I had passed for three or four minutes. When
I got about ten yards off, the man jumped up and ran
away.. When I turned round, I saw the man was watch-
ing ;vie, and then he ran away. The prisoner was the
man.; I saw him- di,tinctly ; I knew him before ; I then
went to the young woman, and saw her dress was much
disordered ; she said she had been ill used, and asked me
to follow the man. She was much distressed, and so
agitated that she could scarcely speak. I went with her
about :WO yards, and then told her it was no use to fol-
low tie man,. he had got too far off. When 1 got to the
stile I Aped with two persons I met there, and the
prosecutriz went en to Abigail Fisher's.
Cross-csamieed by Ali. PHILLPOTTS.—The man
tuined,his face to me as he lay on .the ground, and
knew him. I did not tell who he was till I was sworn
talure the Magistrate. !alai not interfere, because I
was afraid of the man atter I saw his face. 1 know
William and Stephen Hart ison, but•never told William
Harrison I should not know the man from Adam; 1
said I did not know the man, because I did not like to
have any thing to do with it.
By Mr. Baron VAUGHAN—I am quite sure the pri-
soner was the man.
Sarah Powell, the wife of the prosecutrix's brother,
and Abigail Fts!rer, confirmed their, testimony ritspect-
lug her calling at the house r f the latter after she had
been ill used, and also the state she was in, and the ac-
count she gave of the transaction.
Benjamin Barnes, a cloth worker at Stanley Mills, on
the morning of the 7th of June saw the prisoner near the

spot where the offence was described to have happened,
1 Joking for something in the grass.
Samuel Wheeler, the constable of Stroud, produced
Vie trousers wh ch ti:e prisoner had on when he was
apprehended the 7th of June; they were marked on the
knees, and stained in several places. As the witness
was taking the prisoner to prison, he said a man of the
name of NVall had gone home before him on the sight
of the 6th ; witness then asked Wall what distance they
were fr.an each other; Wall said 20 or 30 yards; the
prisoner said he had told the Justice 150 yards. Some-
thing being said about the prisoner baying been seen in
the meadow that morning, he said he knew the place
the girl meant, but he was going to work for Daniel
Gibbons when he was going through the meadow; the
A.iiness said the meadow was a male and, a half out of
the road to Gibbons's.
The prisoner having declined saying any thing in his
defence, Mr. Put LLVOTTS called the following witaccscs
for him:

Thomas Rawlins, the ostler at the White Horse if
Cain's-cross, said, I saw the prisoner on the evening of
the 6th of June, from six o'clock till half-past nine.
Wall and another man were with him playing at skittle;.
The prisoner's house is about a quarter of a mile from
Cain's Cross. The meadow in which the girl was ill
used is in the opposite direction.
Cross-examined—lt was ?fair night, and I had a good
deal to do. I was not with the.prisoner the whole time.
'Richard Dtew, the tollgate keeper at Cain's Cross)

saw the prisoner on the night of the 6th, of June, at
about a quarter to nine, and gave him some beer. Saw
him again about half-past nine, or near ten, when he
borrowed six shillings of him, and retatoed to the skit-
,.

tle ground.
George Harwood lived near the prisoner at Stipley
End in June last, and saw him on the 6th of June at
ha I f-past nine at Cain's Cross. I asked him if he was
going home ; he said he was, and we walked together
ell the. way to the prisoner's house. When site got to
the door, he asked me to go in, and called .kis sister to
bring his supper. That was about ten minutes before
ten o'clock.

oss-examined—r I heard a neighbour's clock strikelo.
Lizalv.th Harrison said—l am the prisoner's sister,
and remember his coming home with the last witness
on the night of the 6th of June. I wound up my watch,
And it was then ten o'clock. 1 gave him his supper,
which he ate directly, and pulled off his shoes and went
to bed. He slept in a room above mine with another
brother (Wiliam), will was in bed before be came home.
Cross•examined—We had bacon and cabbage ter
supper, All the family had supped except my hrnther
Daniel, who was not come hurtle. He rein' nvd about

half past ten.
Harrison,llatiigl the prisoner's broiler, said he went
home on the 6th c.f June alt.:- all the family were in bed.

'There was a light in his sister's room, which he went and
took to his own room, where he slept with his brothers,

Willaam.and Strphen. John an .1 William slept together,
d Stephen with the witness. They were all awake,
and he spoke to them. No one ccold p,o our after that.
\Vm. Elariison confirmed the testimony of the last
witness, his brother.

Mr. Damn VAUGIIAN now proceeded to tccapitulate
the evidence t' the Jury with gteac minuteness. This
was one of the Hirst extraordinary trials he had ever

witnessed. From the n.i!Ote of the facts, and the con-

tradiction of the. evidence, it w•as one which :ecuired

their most.serious atention. :That the young woman had
been most cruelly used. by some one against her will,
there was no doubt ; and the chief question for their
consideration was, whether the prisoner had been proved
to be the person who had been guilty of that violence ?
The Learned Judge, after commenting on the way in
which the time had been accounted for by the different
witnesses, said it was obvious the offence must have
been perpi trated some considerable time before half
past ten o'clock, and concluded by observing, that
though
_there was not the slightest reason to 'doubt the
evidence for the prosecution, yet if they believed the
v. itnesses for the defence, they must acquit the prisoner.

flow far they were entitled to credit was a matter en-
iiely for the conideratinn of the Jury, and he therefore

left the case with confidence in Their hands, teqiiesting
:heir most serious attention to it ; and that if they enter...,

tamed any doubt of the prisoner's guilt, begged• they
would give hint the benefit of •it.
The Jury retired tnr about h .1f an hour, and on &tit'
return the Foreman said, they were decidedly of opinion
that a rape had been committed, but with the conflict-
ing eriJence which had been adduced, they thought
they must find the prisoner Not Guilty. . .
Mr. Baron VAUGHAN s.tld, that under the peciihar
circumstances of this case, he telt it bis duty to declare
his decided approbation• of their verdict ; at th? carte.
time he must say it did not reflect the slightest disgrace
on the character of the prosecutrix; Maria 1)..)%e1i.

The prisoner is a very stout middle-sized young man,
with hard prominent features, and rather a sinister cast
of countetiance. He appeared quite unmoved during
the trial, and- once or twice, with difficulty suppressed
a lisp• sitioa to laugh. liaiia Roiveil is rather a good
looking young woman, of small and slender Make, and
of a complexion so inveu:rately. &mid, that although
-lie was in a fainting, state during the %tote of her
examination, the colour. of her cheek never changed:
l're case is altogether one of the most sinmular in our
I gal ann.alc, and perhaps unmatched, except for the
trial of Abraham Thornton for tile sarr.e offence..

This trial lasted from nice o'clock in the inorning
until half past five.

CARLISLE, Auousr 14.
Before Mr. Baron figiLocc, and a Special 341 y.
REX V. RUSSELL AND OTIIk.RS

This was an -indictment for a nuisance, in placihg
certain erections, called staiths, in the river Tyre, and
thereby impeding the navigation of the river.• A .sin2i.
lar indictment was tried three years ago at York, before
Mr. Justice Bayley, and the defendants were acquitted:
A point was on that occasion reserved for the opinion
of the Court ef King's Bench, and after a long argument.
the L-arned Judges were equally divided in opinion. No
decision therefore was given, but as the question was of
so much importance to the port of Newcastle, it was
deemed advisable to prefer a fresh indictment. The.
venue was changed from Northumberland to Cumber-.
land, on the ground that an impartial verdict could net
be expected from a Jury selected from the former county.
Mr. Bitouctram stated the case. The question which
the Jury would have to determine wad, whether certain
erections called staiths •or gears. and which the. de-
fendants bad erected in the river Tyne. for the purpose
of loading vessels with coals, were a nuisance, or (to
speak more intelligibly) whether - they were an obstruc-
tion to the free navigation of the river? For y'or fifty:
years ago no such erections were found elere (the business
of loading the vessels being conducted by the use of
keels), but within the last 25 or 30 years the new mode'
of loading had been adopted. These erections had since
become very numerous; but for the purpose of this pro;t.
sedition two had been selected which had been erecter'"
by tile defendants. To understand the plans befaies, '
them, it would to necessary, fir him t i expl.tiiti4o °:,
statetlthe channel t f Lite river Tyne. In the raltfitie.'
of the river was a bank of sand, called =the Citcltiaiw''
Sand, and there was a channel en eacfrlfile-irkt.:':i
The southern channel was narrow, and at loud i'il'ii2,,,—
unnavigable: the northern was the principal than...
ncl through which vesi:e:s of burden were aceseo.
toted to pass. It wa; on the nottuern or deep side of
the river that the staiths in question had been erected.
Thece staiths were strong wooden erections, 32 feet in
heielith, and projected, one 169 feet. and the other 153

feet into the river. Along these erection; the cnAls were
conveyed from the shore, and then, by 'maw.• of. a
_moveable cradle or spout wet e shot into the ve,teis:wh;ch
were lying under. The spout matie an addition of 4
feet to the length of the ; but as it was capable of •

being removed, and perhaps was so, except at the time
.when the coals were shot, it would he. as well to con-
fine their attention to the length of the staiths, which
always remained there. The depth of the .channel at •
the end of the fixed staith was, aLltiy,h. seater, 'fifteen
feet or sixteen feet, so that it was oberktri'tliat the
distance betr•een that part and the slsoft CO*iiied a•
space where the water was sufficiently deep for light
vessels to navigate, but the navigatiOn of ;Which was
entirely prevented by these projections into' .the river.
In fact, more space was thus Se..en up than *ould suf-
fice tor five vessels to lieabreast. But if tti that they
added the length of the spout, ivhich, as he'had before
told them was 11 feet, they would find that when vessels
were loading the obstruction proceeded to the deepest
par: of the river. The consequence of ;Ilia was, that where

drawiik 10 feet could fornserlrpeni at low wa-
ter, they could now only pass at halt and 'three quarter
'tides, and it would sometimes happen would be obliged
either to wait a whole tide or be towed out by steam.
Before the erection of these staiths, small ve.selc, such
'ls heels and wherries, could may approach the shorr
Inc they could now only approach to the termination
of the staiths. Would it be contended that this was not
'a nuisance ? But they would be told, that these staiths
*ere an advantage to the port of Newcastle. Now, to
'whom were they an advantage? To the ship-masters
%and owners of the collieries. They would find that the
ship-masters paid 61a chaldron for loading coals at the
'staiths; and it was supposed that the coals were delivered,
from the staiths more round and whole than they had for-:
mirly been *hen'delivered from keels. But if an addi-
Ilona, 6d. was thus paid by the ship-masters, doubtless it
.wasr felt by the consumer in the price of the coals: and if,
.so, how could it be saiJ that the public benefitted by
the nuisance ? It might be asked whether, if these
ttaiths were rOmoved. their purpose could be answered
by other expedients? Undoubtedly, he conceited it
could, for what could be more easy than the ob-
vious course of building a dock for the purpose of
loading vessels with coal? It would probably be urged
that the erection of a dock would be a work of great
expense; perhaps it would be so, bet upon whom could
that expense be so properly thrown as Upon those who
derived the profit? That these staiths were, 'in fact, a
naisance, and rendered the navigation of the river dif.
/kith and dangerous, would be proved by a crowd Of
witnesses. The difficulty especially existed when the,
win& was in the east, or in any (patter approaching it;
and they who knew any chum of Newcsstle knew that
theprevalence of easterly winds there was proverbial.
Whilst those winds pi evailed, it became necessary fdr
'vessels leaving the river to tack, and he need 'not lay
how much that operation was interfered 'with by any
cause that reduced the width of the Channel. Upon the
*hole, be doubted not that the evidence which he should
produce would be sufficient to convince the Jary that
these erections were prejudicial to the Erie navigation of
the river, and therefore by law a nuisance.
' A great number of witnesses were then called, whose
examination occupied the Court during the remainder
of the day. They proved the situation and extent of
the staiths as stated in the ipeech Of Mr. Brougham.—
'They all concurred in representing the staiths as a great
impediment to the navigation of the river, and a variety
of instances were proved in which ships had run foul of
and damag&l each other, in consequence of the narrow-
ness of the channel, occasioned by the projection of the
smiths. In some cases the vessels had run against
the smiths.

In cross-examining these witnesses, the Counsel for
the defendants endeavoured to elicit, and in some nun-
mere s*cceeded in showing, that the business of the.port
of Newcastle had greatly increased since the period
*hell the staitbs were erected, and `that ships of a much
larger description now aided up the river than formerly.
It •was also shown that the keels formerly used for the
purpose bf loading vessels bad greatly dimitiShed in
number since the introduction of smiths, aid that the
oirenses of this prosecution were Wu* by a subscrip-
tion mina the keelmen. It was also shown that a
Jury of conservancy was in the habit of yearly Pfraa3-
I'slating the boundaries of the pr.n. The *Widens
spoken of, with oilemeteptitin, were stated to'have been
occasiooed by the ships Striking stains: the tibeibsts of
vessels fastened to certain buoysiiihist, Within the list
tits years, had .been removed.
The case for the prosecution closed at half-past five
o'clock.
Sir J. ScsaLnrr, after- consulting with the Other
Counsel for the defence, stated that-he felt sane diffi-
culty as to the cobrse M bids he ought to lunette. For
his own part, be felt inclined to make the case a very
sheet one, by not calling witnesses; but, Collide:ins the
vast importance of the cause, he should not feel justified
in acting hastily upon the impression. As, therefore, it
vas now the usual boar of attjeurning the Cont. he
should propose that the case stand over until to-morrow.
Mr. BROWNIAN, 00 the pin ardie tiosecution,ag reed
to adjourn. - .