The Statesman.
London, England, 1823-04-04 00:00:00

CORNWALL ASSIZES.--LieNcerroN. dlARcn 26.

a MIARD r. JACKA.
Mr. Sergeant PELL stated that this was an action m
trespass brought by the plaintiff, who is a farmer resid-
ing near Penzance, spinet the defendant, who is the
huntsman of a pack of hounds, to reenver damages for a
trespass. At Penzance, the Jury tnust know, lawyers—
or rather attorneys, were exceedingly numerous, and to
the credit of the place be it said, ex.7eeitingly prosper-
ous. These gentry, who, for the benefit of the country,
lived so well, hunted, aA it would appear, in more ways
then one, and had actually set up a park of hounds—the
attorneys had kept the defendant Jacks as their hunts-
mar., and every clay sway the blatli troop went—with
horse and hound—whoop and hallna—over the lands of
the neighbouring firmer., with Jacka. or Jackal, in tlrst.
The Learned Sergeant said he would not sly who fol-
Ineed last, whether any old gentleman in black or nut,
be it was said that a certain sooty, bumble-footed per-
sonage, was the hindmost—(laughter)—and though he
bad not the honour of being first in the chaee, drove all
the rest hefeee him. It would be curious to know the
' names which these gentlemen rave to their doss. The
flowedea'le'i by " Direorret," or " Caplets," and so on.—
. ow, farmer Barnard did not choose to have his grounds
ridden over by these gentlemen, who set so little bounds
to their pleasures, and he gave notice to Jacks, their
huntsman, rot to trespass • again upon his frrounds.
Jacks, however, backed as be was, t eared Ibis notice
with contempt, and the very nest thus he led ont the
troop in that direction, conducted his pack over farmer
Bavitsrtl's grounds in pursuit of the litre. The present
action was brought in consequence, not for any vindic-
tive damages, but merely for such as would prevent a re-
petition of this conduct, and the Jury would doubtless
stow by their verdict that even attorneys toast respect
the property of their neighbonrs.
The first witness called was Mr. Andrew Stephens,
who stated that he was- steward to Sir Rose Price, and
proved tWleiFice of 'a notidb not to trespass upon the
plaintiff's ground, or the defendant. On his cross-exa-
Inination the witness said he was sent by Sir Rose Price
to the plaintiff to know whether lie would permit Jacka
bind the Peurtnee hounds to hunt over his grounds, and
Mr. Baynard said he would not. Witness bad obtained
forftscore notices against Jacka and the lawyers front the
neighbouring farmers there. The hunting greatly an-
norestSir Rose Price, who hail a large estate in that
epialiber, and kept a pack of fox-hounds. He did not
like (the witness admitted) the lawyers to hunt with their
ba in his neighbourhood, as they considerably di-
is preserve.
. IVtu.tagis complained gt Patty of the man-
Pe• r li the Learned Sergeant had stated the case,
to excite the prejudice of the Jury, who were farmers,
against the defendant: But the fact was, that the far-
mers joine I in the chace, and why should men in that
, station be debarred from availing themselves in their
I leisure hours of that noble and invigorating amusement?
I Why should they, though humble men and tradesmen, be
restrained from keeping their terriers, as well as Sir Rose
Price his fox-hounds? Was it to be endured that the
proud Sir Rose was to dictate to the farmers, the tenants,
and order them, by his Steward, to deny to their equals
that amusement, which Sir Rose wished to engross to
himself. The Learned Counsel said he trusted the Jury
would see this action, the fourscore notices, and the pro-
ceedings which had been commenced on most of them, in
their proper light, as oppressive, tyranni 'al, and aristo-
cratical proceedings against which they ' lit to express
their indignation. The plaintiff, or thee Sir Rose
Price (for lie was the real prosecutor,) must have a ver-
dict; but his Lordship would doubtless take care, by
refusing to certify that this was a proper CdEle for action
to drevent the defendant, who was a i»or man, from be
ing oppressed by the costs. The Learned Counsel was
proceeding, when be was interrupted by
Mr. Baron Hulloes, who asked whether the Learned
Counsel intended to deny the fact of the trespass, and
call witnesses.
Mr. WILLIAMS replied in the negative.
Mr. Baron HULLOCIL suggested that it would be equal-
, ly well to let the case go to the Jury without further
observation. He was of opinion that the case was one
its which he ought not to certify, and he certainly should
nut.
The Jury, after a few moments deliberation, re-
turned a verdict for the plainilf. Datuages-ss.
'Phis verdict dues not carry costs. _

b10N3101.1111 ASSIZE'S, APRIL 2.
HAREAS--A POLITICAL CRIER.
Mr. PEARSON addressed the Court on behalf of a per-
son named William James, who was, in the opinion of
the learned Unitised, unlawfully det.dued in custody.—
His object in making this application wag, to bring his
client before the learned Judge, upon an Habeas, that
he might be set at lih:rty. The grounds of his appli.
ration neve tha.e :—ln the Borough of Newport, the
1•o al poli iit s of the place had arisen in a very co nsider-
ahle bright, these were two parties in the Itorougli, and
they often mixed np with their Lucal differences the
getierd politics of the country. There had been a dis-
agreement between the !largess's cue Aldermen,
and meetings had heels held to discuss quegions "relat%
ing to the conduct of each party. The prisoner,
ham James, was the Tons Crier; and at the termina-
tion of one of those meetings, on snaking proclamation„
as was usual, it was alleged that he bad used highly im-
proper expressions--langnage that was not only in bad
tits .e, bitt which, if he liail made use of 1, deserved lire l
severest reprehension and pitnishment: eut the allega•
!ion was most positively denied, and in fart the aceisei
asserted that smelt lineage was inimical to his feel-
ings and opinions, and that it was impossible he could
pare used it. The language imputed to him was this—
"s iti save the Crier and the King, an I aft other rogues r
JuDuu—lle places himself before the King ? "

TAUNTON ASSIZBS, APRIL!.

'rue ZING v. JOHN conratsox.
John Robertson, a surgeon. who was some time at l'.
cheater, wb're he was called in to assist the then surgeon
of Delimiter gaol, was indicted for a frno,l upon the
county. At the Michaelmas Sessions of 1821, be pre-
sented his charge for the assi•dance al rendered. amnin-
ing to the sum of 10!. 16s. The ftingietrati aof the Se—
lions, considered the Bill as extravagant an refused to
allow it.'` The matter remained over until the Epipliati I
Sessions. 1522, when the llitl ag as ag iiu presented ; and,
upon a consideration of it, the stun of six pounds sit
shillings was offered to the defendant, who .ass pees =Lt.
and which stun be accepted. The hill. which begon wit n.
"'The County of Somerset, to J. Itobert,on," a!er reel -
ing tit- tarious charg= a, concluded with tl.e totslaif it:.
16s. The'Clerk of the Peace, in the usual coarse of ba-
sin's', wrote at the foot of the bill " Epiphany Semious,
1822. Six pounds six shillings inlayed." The bill was
then signed by the Clerk of the Peace and Mr. Dickenson,
the county member, and other Magistrates, and chits had
the shape of an order which was to be presen'ed to Olt
county Treasurer. Some time after this order got amongst
the Treasurer's papers (by whom presented was flit
known), with the words " W. 65.-' obliterated ; so th.st
the word " al;owed." with the signatures of the
Magistrates followed immediately the original stins, ac.l
made it an order for that moonlit. Soml time after Vic
bill bad been allowed in the manner stated, an attorney
named Mr.ltaine, came to the Treasurer's mil present •,1
an order from the defendant. which, in effset, d. sired ton
Trea•nrev to pay Mr. Bailie the sem allowed to bid:.
The Treasurer, or whoever was in the office, on tornii.a:
to the bill, which, from the obliteration of the wort:{
Six pounds six shillings," ap; eared to lie en or.'er ler
101. 165., paid that stun, eonceiving it to be tbirsum „i•
lowed to the defendant; he received it; and thsugh !:e
knew it to he a larger VIM thin he wiis entitled to, nevi r
offered 10 return it. Who presented the hill to the Tee.-
• surer did not appear, for the Treasurer, in the inultit lit
city of leis builiess..eitold not till from whom he teceived
it.. The Alagistrates.of the eonnty, upon the discovery
I that the sum of IW. 16s. bad been obtained by thens• -
I fendant, considered it necessary to institute the prawn-
t don. ; -
The case for the pteeeeution having been stated, acd
evidence adduced in its support, Mr. tiritrot addresse l
the .Jary in behalf of the defendant, and among otli..r
'things observed, that it waettiztreuiely. probable, that
being there when Mr. Itaitie applied from the defendant
for the payment of " tbe sum allowed tojeitn," that some
' clerk, without looking for or at the 111111, and baying
hear.' mention of the sum of 10!. 165., paid the bill la
the off-hand manner in which•much of the business was
often transacted. It was not impossible that when the
clerk or person who paid it discovered the etror, in order
to retrieve it he made the obliteration which was LO4
found on the face of the instrument.
Mr. Baron Hotaioce, in his charge to the Jurr, on-
served that he thought it a violent and extreme supposi-
tion that a clerk might have wade the obliteration in the
order. It was clear that the defendant knew of the ors r
having been in time hands of the 'Treasurer; it was not
martial therefore to show that the defendant himself
took it there. The material irestion for the consider-
ation 'of the Jury was, whether the defendant was aware
of the alteration of the bill before he sent tie order, ant
what was the import of the defendant's expre•sion, that
he " had done" the Magistrates, and whether the money
hail been paid to him by mistake, and not by any fral-
dulent contrivance or obliteration on his part.
The Jury deliberated for a few moments, and then re.
turned a verdict of— Not Guilty.
A Nice POINT.—At these assizes, the day before,
a case was tried open the warranty of a horse. To peeve
the warranty, a horse-deal. r was called for the plainti:c
and to contradict his testimony a sheritrs (Aker i..se
called for toe defendant. The sheriffs officer swore disc
no warranty had been given with the horse, and it ie.:,
left to the J ury to say, which of two characters, a horre-
dealer or a sheriff's officer, from their avocations, they
thought most entitled to belief The Jury retnriall a
verdict in favour of the plaintiff, th-rehy rfeeiding t'u't
in their opinion, on swell a nice point, the h thlnce in-
dined in favour of the testimony of a hors.-dealer.

Coloxxes INQUIM.—.I.n inquest has been held before
the Coroner for Kent, it the Red Lion Inn, Shooter's-hill •
on the body:of Cecile Jacot Duval, a French lady, wit; riled
on Monday last at the above place, in coosequlnce of .the
dreadful injury sire had received by the upsetting of the
Swallow Dover Cosch, the particulars of whiA accident 4 .
were inserted in the ST•TItiMAN of Tuesday. last.• Erul4r.:-'4.
the evidence of the witnesses it appeared, tint the nnforvg- ..
ityl
nate deceased was travelling with her husband as if I
from France to London, and that abotft six o'clue tile
morning as the caeca was descending tinooter's.:iill, t/o;
reinabroke, and the leading horses Immediately dartedoll.,t
full speed ; at the bottom of the hill the coach upset, the .: e-
ceased was thrown to the ground, the vehicle fell upon ter,
and the injury she had received was so severe that sued:c.st
aid was useless. It' appe••ring that the metanc:toly occur-
rence was accidental, the Jury returned a verdict accord-
ingly.
Lfrift, Arum 1.---The supply of Wheat this dry •,,
again very small, snore pat tieularly•of fine qu,tty ; such
was ready sale at last week's prier: the etrater part of
. the samples showing arc very damp and out of conditin:.,
and suet. are very ditfictflt to quir and to effect sa:es ;
lower prices'must he submitted to. Barley was in hrt•er
.. supply anti readily found buyers at a deelive of 1.. to •.:s.
• per quarter from last week. Deans in fair sut.ply. and
• ' fully maintain last week's prices. Yew very scarce, a,.d
' higher. Oats in limits d supply, and what few appeared
I nue taken of full Is. per quarter higher.