The Statesman.
London, England, 1809-08-12 00:00:00

GOTTENBURG ti .11.41 LS.

YSTADT, JULY 25.—We have this moment
learnt that a British squadron has made an attack

upon Archangel, and succeeded in destroying the
magazines and store-houses.
MAKS-MANN Jute 15.—We have received sc.
counts, by the telegraphs slung the custt, that,
within these last two days, a,bote 180 iliscl,arges of
cannon have been heard from the Jutland side, and
it is feared that some of the late convoy are be.
calmed on tbat eumt, and have fall( n into the
hands of the enemy.
Extract of a letter from bis Majesty's ship
dated 25th July, sea t—•• Yoe will
have heard of our having left Carlscruna with nine
sail of the line. Our squadron has been tolerably
successful. The advanced ships have tat.en, dur.
ing lbe last ten days, u, wards of ode hundred ves-
sels, laden with provisluns and naval and military
stores.”

STOCKHOLM, JULY 31.—N0 kind of mein.
gence has been received either from eur army or
navy. The enemy has therefore nut made any
further progress his intended ior.sion of this
country, nor atempted any important operation
for that purpose.

l'he Army Agents b tve reeelecd a cirrolar let.
Jar fro G. v..i.oinent; stating, 11141 on.•-fourth of
of present rilooarie for .11,. p47ttag, &c. of the
regiontsib in tileitrespoedet agency, •ill in future
daltsteit.

.

NORWICH ASSIZES.

LADY 211011112fDALt P. fIITLLIPIL

1i04114 -
817111t617M11/111.
Thttriday, liiese 10.
The Assisei for this coiatyoevistiiisterd at this
tows (C roy dos) yesteeday. taiShtiJseJ eiMier
arrived, and their eadiaieidois• was read. This
morning earl/. they proalliteit to beldame. Oa
the Civil Side ole besiaess et the day. Is very Sat
and vaiateristiag • but the Calendar contains
st-
verai very heavy offences.

CROWN SIDE,
BERM'S TUB LORD MIER BARON.
Samuel Lamb, Mary Martial and Marie Ay.
lett, were indicted for stealing fill. in bank notes,
four rings, a sorbet, an opera.glass, and several
usher trinkets, the property of Marianne Cooke,
in the dwelliag-insese of Mary Cooke.
Hiss Ceske .deposed, that she kept the several
articles which were 'stolen in a small cabinet box,
and they were in the boa In the parlour of her
mother's house on the evening of the 7th March.
The mat day she mimed the boa and the articles
it contained ; she suspected some ether persons,
• and applied to How-street, but they did nut think
. her suspicions sefficiently well founded, and rt.—
. fated to grant hera warrant. The prisoner, Ma-
,y Martin, was the wile.of a naval surgeon, cud
• she had known her many years. The other fe-
- oak prisoner was bet Make, sad the min had
lately returned from sea, and lodged in the house
• lei* the other two prisoners. Th9*next day the
• Fifteen left their hotter at Lambeth, and went,
as she afterwards discovered, to North End, Ful.
. hem. She beset wo mere of her propeety fur
• sine or ten days; at last she heard that the box,
which was a ramarkaWe one, was exposed to sale
et a brisket's, is Wych-street, St. Clement's ;
. she west there, amt lainsed It had been sold by a
• cwt mod and a woman, answering the description
of Agana prisoner and Mary Martin. She then
tread them tollsminersmith where they had gone,
and, accompanied by Adkins, the Officer, they
.searchud the house. She found part of an ear-
. stag which she knew to be hex's, upon which Ma-
ry Martin confessed she had taken the box, and
said part-of the things were buried in a little bas-
. bet in the garden. They accordingly dug in the
garden, and found the basket, with several of the
steles..articles, as she hail described. The finding
of the goods was corroborated by the witness who
• accompanied Miss C. ; and the broker said he
• Weight the box (which was a cabinet one of ivory)
of a man, bat he could not speak distinctly to his
.person. He cause to him, and said that as he en-
derstooJ he dealt in antiquities and curiosities, he
had broeght him that box.
. Wks prisoner. Martin confessed that she had ta-
ken the box, but said her fellow-prisoners were
sntitsiy innocent. The Jury found her Guilty,
• and acquitted the ethers.
George Pears. was indicted for wilfully ant;
maliciously stabbing Robert Rutteridge with a
case knife, at the parish of Durkin, on the lit
of viand last.
My .the evidence of a person of the name of
Sprokeliii, it appeared that thu prisoner was a
serjeasit on a recruiting party at I)ur king. The
wounded man was a soldier, and on the day stated
in the indictment there were three of them loge.
lisor§ and what conversation passed between them
be did not know, but be sae the prisoner make a
simple of thrusts at Rulteridge, oa the last of
which Katteridge put his hand to his breast, ex-
elaiming 66 1 ant wounded." He saw the blood
trickle through his fingers. Ile immediately
went for a constable and a surgeon. Ile said that
the wounded man afterwards declared there was
no animosity whatever between hies and the pri-
110tler. •

Mt. LOOM, a surgeon at Dorking, stated, 11141
be was called in, and found lititteridge badly
wounded; a case knife hid penetrated the easily
id the chest, and he considered his wound as ex.
tromely dangerous. He taid that the wounded
mats, who is now with his regiment, told him
that there was uo animosity ',dams hint and the

misuser, and be Whetted the around had been ac.
cidentally given ; that they were at dinner tor.
' ther, and that the prisoner was " sky-larking"
with his knife, and made a thrust at Kutteridge,
saying, " Here, Bob, 1 hare yuu ;" and that
the knife struck him.

The l'aboner in his defunee protested he had
so Intention of injuring his comrade ; that they
were flourishing their knives,and hu thrust Lather
than he imended.

The Jury Intim! him Not Guilty ; and the
jammed Judge admonished him 1t beware how
he indulged in sueb foolish pastime in future,
which had very near caused the death of a fellow.
creature.

William West was indicted fur stealing a black
gelding, the property of William Cove, from East
Jiasstsgad, in the county of Berks. Mr. Gamey
detailed the ease, which was proved as follows :
The prosecutor, Cove, was a farmer at East Lami
steed, in Herbs, and bad the horse in his yard on
the night of the t7th of April, hat the nett morn-
ing he was gene. A witness of the name of Knight
proved that he Wight the horse of the prisoner un
the lith of May, at Milford, in this county. The
prisoner okra he seed said he had bad the
horse ill the *inter, and sold him la the name of
George Thomas. The Chief Baron told the Jury
that as the horse was feend•so soon after it was
stolen, in the possession or the prissier, it became
hies to account hew be ease by it, which he had
not dose. Verdict—Guilty. He was also con-
victed in a second iodichnent for stealing a horse,
the property of Richard Stringer, of West Grim.
stead, in the county of Sussex.

This was xi action brought to recover the pos-
.ossion of a Linn at IVrettuii, in the Isle of Ely,
granted by tb. late Sir Edward Nighting.ile, under
a power of !cuing, contained in her marriage_
settlement, which was in the usual terms, that he
should reserve the best improvable rents, which
Laity Nightingale thought was not efected. This

...

cams was dossed or MOWN iallirtSOCO, Masalich
Y it wilett let *Areal otessoret to precis or Mole
the validity of hose soder soak and similar dr,
csostances. It us clearly sheen, on the past of
the Plaintiff, that Sir Edward Nightingale bad let
ibis farm, consist's( of 700 acres, 120 only of
which were arable, to a Mr. Wallace; his steward,
at 2101. per anouns, who was previously Acted
2201. be, himself, then knAtag asked 3001. fur it,
on the part of Sir Edward, and it bad been deemed
worth 3301. sod even 3301. Its the year 1792, Sir
Edward, thee Mr. Nightingale, gave Wallace a
lease of this farm for 21 years, at what was believed
the low rest of 2101. and under such covenants as
the Plaintiff deemed inadmissible by law, they
being contrary to the customs of the country; and
as to the rent, Lady Nightingale's marriege-settle-
meta declared, that the estate in question shemild
be let fur the but improvable reel. The covenants
of which the Plaintiff complained, permitted the
tenant to take off the arable land three crops of
grain without fallow ; and moreover, gave bins
the liberty to break up all the pasture land for the
first 19 years, provided such land was laid down
again at that period, so that there would be then
the origistel quantity of grass-land for the in.com.
lug tenant. Added to these circumstances, Wel.
Ikea was allowed to sell off the premises 20 loads
of bay, and five acres of turnips, every year, except
during the last three years. As a proof NI the pert
of the Plaintiff, of the injury she had received, and
continued to receive. since the dank" of her hus-
band, in 11104, it was stated, that woo after Wal.
lace obtained hie lease, he went to market with
it, and asked 16001. upon its security, so good
11 a one was it considered; and certain it was, that
Wallace did let of a part of the farm-house, and
a hundred and twenty acres of land, for 1001. a
year, this under-tenant, however, agreeing to pay
him 3001. down, three years rent; and after.
wards, in 1797, Wallace let more of the grass.
land, at 4281. making a total of 638 L of that oc-
cupation, fur which be gave only 2401. besides re.
taining some in his own possession. lint, said the
Learned Counsel, this is only the beginning of
this piece, the second act is still to come. In 17991.
Wallace became insolvent, andSii Edward Night-
ingale, w Ito was bound for him to the amount of
14001. gave his consent that the remainder of the
lease of the whole farm should be transferred to
the Defendant, Phillips, who had demands on
Wallace, and who agreed to give 4001. a year fur
it, on the condition that his covenants should be
the same, and that be might have the liberty of
giving it up whenever lie liked. Therefore, be
might crop the land in that unusual manner s.
lung as he pleased, and break up and crop all.
the pastures, and then kayo it, to the great de.
triment of the Plaintiff and in-coming tenant.—
This assignment of the lease, the Counsel con-
touted, was illegal, inasmuch as it was not only
contraty to the act of Lady Nightingale's settle-
ment, but also as it related to the covenants it
coutained, and to the rent affixed, which was not
the most improvable rent. Several witnesses were
then called. One said, that at the time Wallace
hired the farm, he would have given 3001. per
annum fur it; and another said, he would have
given 3501. if be had known there was clay to be
found, which there was, he since learned. A
farmer in the neighbourhood said, it was worth
a guinea an acre, 7001 a year : and an ratter,
that, in 1792, it was fairly worth 3501. Land-
surveyors and land-valuers of the first eminence
were called, who deprecated the covenants, and
thought the rent tee low ; and an Attorney
proved, that Wallace wattled to burrow of hint
16001. oil the security of his lease, some little
time after he took the f.irm. Such was the case
un the part of the Plaiiitilf, and by her right of
marriage.4etileoieur, anal under such a violation
of it did she seek for redress, praying for the re-
covery of possession of this farm, near five years
of the lease being unexpired.
Mr. Bi:sr, as Counsel fur the Defendant, began
his übservatious by stating to the July that this
term consisted of 700 aegis, *and begged them
most particularly to notice, that only 120 were
arable at the time of hiring it. That of the 600
acres of grass, 350 were what is called advent a.
rous, or very ordinary land, subject-to be needed,
and nut by any means deserving the name of pas-
ture, and the rest was fen.land also, bordering on
tire adventurous, and then, and even now, liable
to the visitation of the waters. The Learned Cotin.
sal asked, why did nut Lady Nightingale, if she
considered at lint that she had been defrauded of
any of her right, why did not her Ladyship, im-
mediately on the death of Sir Edward, express
such sentiments, and try to effect then, what she
was now so desirous to obtain, the possession of
this farm ? But she continued for four years, from
the year 1804, to 1808, after her husband's death,
to receive every half year the rent of the Defeo.
dant, and now must suddenly want, him to quit his
occupation. " Gentlemen, unless a lease be a
gross violation of a positive restriction, it cannot
be invelidated, and this' certainly was not ; fur
1. Illy Nightingale's marriage.settlement said noi.
thing about covenants; and as far es relates to thil!
rent, I shall prove to yen, by the must rcspeeta-,
ble and numerous witnesses, that the money Mr.
Wallace gave in 1792 was nut Only a fair but full
rent, and that the estate is now most astonishing',
improved. Gentlemen, with respect to the taking
three crop', concerning which so much has been
said, I must inform you, that the former tenants
had the tame permission ; and as to carrying
away twenty loads of hay from 690 acres, it is
really so trilling a quantity, when taken in the ag-
gregate, as not to be deserving notice. I again
state, to prove the validity of the lease, that the
rent was fully adequate. A Mr. Galloway hired
the farm at 2751. a year, and be could lint live on
it. Then it was dropped to 2101. and Mr. Oster
became the tenant ; be kit it, and Mr. WaVacc
baying tried to let it, asked 3001. a year for it, and
could obtain no more than 2401. what Cater lave,
(except in one instance of 2801. from a person
who was not thought eligible) ; and Sir Edward
Nightingale gave to Mr. Wallace a kiss oa the
same terms as the preceding tenant, sot doubting
but, as it actually turned out, that Mr. Wallace
would greatly improve the estate ; and the fact Is,
it is now worth double the rent; owing to Ms good

lmenigeaseat, and Shrimp net of ha laid
out few be was to de an the repairs at hii etre I
mavens, and be erected large eow.sheds, one ea.
'liable of holding sixty, and another twenty cows,
end drained and cloyed the land. When Cater had
this farm, a great flood swept away the produce of
lan the low land, and that still was liable to the
same calamity. Gentlemen of the Jury, when the
hie speaks of the best improvable rent, it does not
mean eke highest rent ; bet you are to take into
ensideration all the requisites of a good and bad
tenant ; and although Youngman's offer was re.
fused, for prudential reasons, on the part of Mr.
Nightingale, yet that circumstance could not in-
, validate the lease ; and though others had, in this
Court, expressed a desire to give more rent than
Wallace, still such circumstances were never made
known to Mr. Nightingale, and therefore there
was no intention of fraud on his part." The
Learned Counsel here quoted strong eases in de.
fence of his argument; where, under precisely the
same circumstances, the law had declared, that it
was stet the highest rent which was the most im-
provable one ; and relative to the 16001. asked
for the lease, it would be proved by the evidence,
that Wallace did not offer that lease for sale, slur
as having over-reached Sir Edward, but only
wanted to borrow the sum in question ; and said,
" I have a lease of soy farm fur twenty.one years,
and surely that is a good security till I can repay
you ;" and even this event did trot occur till after
Wallace had been in the farm five years. Wel.
lace had likewise to do all the repairs, and, in fact,
be had expended 12001. on the improvement of
the estate. Another great point, to which the at-
tention of the Jury must be attracted, was the
breaking up the grass land. Mr. Wallace had
availed himself of his power only to the extent of
sixty acres out of six hundred, and even where
that alteration had taken place, the soil was now
infinitely better.
Besides, the law declared, that was not waste of
pasture, which converted it into tillage, for im-
provement ; and this very land before, rutted the
sheep, and subjected other cattle to various disor.
dens, from the stagnant and infectious waters in.
juring the herbage ; and, even when broken up,
was to be laid down again. In short, the farm had
not becu injured by cropping, anit the covenants,
besides, had nothing to du with the restriction in
the marriage-settlement. The rent, at the time of
letting, was a fair and full one ; and since, it was
increased from '2401. to 4001. a-year ; which in-
crease Lady Nightingale now enjoy. There was
evidently nut any intention, on the part of Sir Ed-
ward. in either instance, to defraud his wife ;
And, in the strictest point of law, there had nut
bean any violation of t• e marriage-settlement;
, and therefore the lease could not be invalidated.

More than thirty of the most respectable wit-
nesses proved what the Learowd Counsel had
stated ; one Gentleman, that IVlllace offered
his brother half of the farm for Mt. half of the
origival rent, but he thought it too dear; others
showed the rcpt was amply sufficient at that time ;
and land-valuers of eminence, and neighbouring
farmers, estimated the fen-land at from four to
eight shillings an acre, and the best at only a little
1:111.re.

The Judge, Lord Chief Justice MA NSFIrLD,
was of opinion that tlau lease did suit savour of
collusion or fraud ; anil the Jury finind a verdict
fur the Defendant, establishing the validity of the
lease.

A disease is now prevalent among the horses.
A stable-kccper at Hounslow lost tour poo-horses
in the course of last week. They all dropped
dead, while the boy drove them 19 harness.
Yesterday morning, •bout four o'clock, the
cellar of the Horse.shoeand Magpie public-house,
in Culdbath.tields, was broke open, but the' thieves
were disturbed, and retreated without any booty,
leaving behind them an iron crow.
The cellar of Mr. Wisdom, publican, on Saf-
fronAill, was broke open a few mornings ago,
and rubbed of a quantity at spirits. The cellar
of another public-house, near Garden-walk, `pi.
talfields, were also broke open and rubbed of live
dozen of

Thursday evening, *bunt ten o'clock, as Mr.
Jewry, of Bermentivey-street, Southwark, was
returning home in a one.horse chaise, u ith a
neigbbour, from Lcwi4hani, the horse took fright
near the half-way house in the Kent-road, sup_
postal by the lightning, and ran the vehicle upon
a bauk, and overturned it, by which Mr. Jewry
had one of his arms broken, and the other Gen-
tleman was very much bruised. They were taken
to the nearest house, where they were attended by
a Gentleman ile2 Faculty, who gave them every
possible relief. They were conveyed to town in
a coach.

Canasta's ISQUEiT.—Mr. hlablilison, landlord
of the Old King's Arms, Oxford-scree, orptrrite
Poland-street, put a period to his existence yes-
terday morning, by hanging himself iu hi. bed-
room. The deceased had been fur some time in a
state of despondettey, and about a meek since he
:'attempted to drown himself in the tierrut hie river,
but he uas discovered in thy act and bared. Mrs.
Maddison rose earlier than yesterday morn-
ing, and left the deceased, a. site supposed, asleep,
but on going into the bed-room half an hour after;
wards, the horrible sight of her husband, suspended
from the bed.post, presented itself. The deceased
has left Nat children. A Coroner's Inquest sat
on the body before G. Iluniov, Esq. yesterday
afternoon, and a verdict of Lunacy was returned.
An Inquisition was taken yesterday at the Bow I.
ing.green public-house, Suitors Town, on the
body of Smith, who iris killed in a battle with
one Junes on Wednesday. It appcamtl in evi.
dunce, that the partite were workmen at a brick
kiln, and their had fought twice before, whet, the
deceased was much beaten both times. Ile late
the challenge is this instance, and gave Jones no
alternative but to fight. After half in hour's con-
leaden, the derailed fell from a bid* on the tide,
and be was carried away. it appeared, however,
that be died ply a fall.— Verdict AisolautAter.
Another Intrisitiott was taken no a poor elan,
who was burials a sand pit it, the weitebovrhood
of lisopetsed ea Maiday.--i'Verditt, leddental

•


toilet.

Rfassiow-Tiotilt. -1- A. ehenemeater, named
Lark, was yesterday summoned bdore the Lan
MCVOIt, by the Impost appointed to superintend
the weights and measures its the City, al a chargo
or rendering his scales illtsal and unfair, by at-
taching t*o new halfpence to the bottom of that
skie of the scale in which was weighed the articles
he vended. The Lowe Mayon, after a tern
strong admonition, Awed him the usual sum impos-
ed on such occasions.

The market.woman, who was committed to
prison, on Wednesday, fur stealing ribbon from
the shop of Mr. Kerrison, in the Poultry, uas
brought up for re-examination ; bat Mr. Kerni-
son still remaining in the country, she st as re.
minded.

JUSTICE.ROOIIII, C UILDINA
porter in the employment of an irou.fouuder in
Shoe-lane, Fleet-street, w:is brought up on a
charge of talealitig a piece of metal, the property
of his employer. He nos observed by an appren.
tice to secrete the property in his breeches, and
the fact being clearly provvil, he was fully coal_
mated to take is trial.