The Statesman.
London, England, 1823-08-06 00:00:00

DYNE V. BYNE.

This was an action of trover brought by the plaintiff as j
willow and administratix of Henry Byne, Esq. late of Sat-
terleigls, in this county, to recover from the defendant I
(who was the son of the deceased by a former wife) two
boxes, containing title deeds and other papers.
Mr. Wilde, after stating the readiness of the plaintiff to
submit the whole matter in dispute to a gentleman of the
bar, which was declined by the defendant's attorney, open-
ed the case with his usual ability • and after commencing
severely on the conduct of the defendant, called Mr. firih-
ble, a banker of Barnstaple, who stated that the plaintiff
doposited with him in the early put of 1522, ttva boxes for
safe keeping, and that they remained with him until the
26th of last" May, when they were delivered to the plaintiff;
witness proved that the boxes were heavy, but could
not speak to their contents. George Bendel!, a chaise-
driver, proved felting the boxes from the bank, an 1 driving
them with plaintiff to the defendant's house, where the
boxes were left, and on the following morning defendant
refused to deliver them up to the plaintiff. :\ letter was
then produced, written by defendant, dated 280 May, sta-
ting that lie had secured the boxes, as the deeds contained
therein belonged to him, as heir at law • f his deceased fa-
ther, and offering to give up any part of their contents
which might belong to the plaintiff. Mr. Tanner, of South-
molton, plaintiff's att irney,proved demanding the boxes on
the 29th May, (the day after the letter was written by de-
fendant) anti that the defendant denied then having taken
or having seen them, or that lie knew any thing about them,
and that his wife, in his presence, also made a similar de-
claration, and observed, that if plaintiff fancied he had any
of their boxes, she had better do her best or worst to get
them. Witness also proved that Mr. Riccard, defendant's
attorney, on the same day avowed having them, and
that defendant held them as heir at law of the deceased.
The case was closed on the part of the pl tintiff by prov-
ing a notice, delivered to defendant's attorney, to produce
the boxes and papers mentioned in the pleathugs in the
action.

Mr. Sergeant Pam. conducted the defenre,and endeavour
ed to enforce on the minds of the Jury that as no evidence
hsd been prodnce•l to show the contents of the boxes, da-
mages only for their value should be awarded, but called no
witnesses.

The Learned Judge summed np the evidence by observing,
that daring fifty years' experience he hal never heard of so
gross an art as the defendant's, as to the mode of getting
possession of the deeds ; —the letter appeared to he a trick
of the defendant's, written with no other view than to give
a colour to his defence,under the impression that it might be
read in evidence, for on the following day he denied having
seen the boxes, and had refused to give them up, or profit' e
them on trial, although a notice for that pu►pose had been
given. The defendant might be considered in the eve of
the law ax a spoliator. His Lordship differed entirely from
the Learned Set grant, that damages only for the value of
the wood of the boxes ought to he given, and thought that
the Jury should atvari such damages as would ensure a re-
turn of the boxes and their contest's. The Learned Judge,
after animadverting severely on the defendant's conduct, left
it to the Jury to say what damages should be given.
The Jury, after a short consultation, delivered their
verdict in favour of the plaintiff, Twenty Thousand Pounds
damages, which, after some observations from his Lord-
ship, was reduced to 1000/.

SOCIETY OF BORDER6Rs.—Theinhabitants of the Scottish
border formed originally a race separate and distinct from
the general mass of the population of Scotland. Occupy-
ing a mountainous and inaccessible district of country, on
the confines of a hostile nation, their habits and pursuits
were chiefly those of war and the chase. Such a life natu-
rally made them patient of toil and danger; and, ignorant
of fear, they made vigorous and successful resistance to the
inroads of their Southern neighbours. Though sometimes
lawless, their valour more than once secured the rights of
their Sovereign and the independence of their country.
Their manners, their customs, and their dress, were long pe-
culiar to themselves ; though in later times, and under h ip-
pier circumstances, these characteristics have in a great mea-
sure disappeared. Yet the descendants of that race have, in
the recent triumphs of their country's arms, emulated and
maintained themartial fame of their ancestors; nor are the
present inhabitants of the Scottish Border inferior to any
in the United Kingdom for moral and religious principle,
loyalty to the Sovereign, zeal for the interests and weltare
of their country, and devoted attachment to their native
land. During his Majesty's visit to Scotland, in
August 1822, a meeting of Gentlemen connected with
the Scottish Borth r was held, with the view of instituting
a Society for reviving and perpetuating the memory of the
warlike deeds, the mannets customs and the dress, games
and sports of the ancient Borderers ; and which might also
be mace subservient to the valuable purposes of benevo-
lence. A committee was then appointed, with instructions
to take such me.,sures as they might think proper for car-
rying into effect the view► of the meeting. These consider-
ations joined with a desire to commemorate his most gra-
cious Majesty's late visit to Scotland, and to prevent the name
and recollection of the ancient Borderers from perishing
among its, gave rise to the :.hove meeting; and it deserves
the approbation and support of every Borderer who che-
rishes the memory of his forefathers, and whose heart has
ever kindled at the recital of their warlike deeds in the le-
gends and songs of the Scottish bards ; and we have no
doubt that before many months elapse, their ranks will be
filled up with members of the first respeetability which the
Border counties of Dumfries, Roxburgh, Berw►ck, Selkirk,
and Peebles, can produce.—(Dumfries Journal, July 29.)