The Statesman.
London, England, 1822-12-11 00:00:00

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COURT OF KING'S BENCH, 'Mc. W.

TUE ?tam V. LOAD CADOO.Or.
This was an indictment against the Earl of Cadogan,
for suffering a wall. which supports a terraced road in
4 helps, on the banks of the Thames, to remain in a
state •f dangerous decoy. The first count of the iodict•.
inert stated, that a number of trees belonging to the
i!efendaut were growing near the wall, and that their
toots pressing against it, caused it to fill down ; and pro-
ceeded to set forth, that the defendant was bound to re-
pair the wall, by reason of his tenure of certain lands.
The other counts charged generally, that the defendant
wee liable to repair by reason of his tenure; and that,
being so liable, he permitted the wall to be and remain
n decay.
Oa the part of the prosecution it appeared, that Lord
Culligan was Lord of the Manor of Chelsea, and that the
manor was co•exteasive with the parish. Aged wit-
nesses were called, who proved that the predeces•
sore of Lorp (Mogan had, at different times, for a pe-
tied oftener than fifty years, repaired different portions
of the wall. The cage, at one end of the wall, which
was built upon it, was used by the parish for the con-
finement of offenders, but they had paid an &choicer-
ledgement of half a crown a year to hie Lordship for its
use. A claim had been made on the part of Lord Ci-
dogen for a quit rent for stairs leading to the river, and
as velurel to pay it they were stopped np. it appeared
that the road was3o feat wide; the trees were close to
the wall t and on the other aide was a row of houses
which did not belong to Lord Cadogan. The trees had
teen claimed by Lord Cadogan, and were fenced off by
railing which be supported. This road was described
as an ancient road in an Act of Parliament passed in the
reign of (leer ge 1., where it was represented as leading
from James-street, Westminster, to Chellsea•ferry. Mr.
Robinson, an emit:sat surveyor, proved that the road was
in a deog,:ous condition, and thought its decay to be
attributed in a great measure to the roots of the trees
pressing easiest it.
Mr. SCARLETT, for the defendant, relied on two
'ground. of answer to the prosecution;—first, that the
road itself was not 'hewn to be an ancient road, being
'violently intended for the comfort of the inhabitants of
the houses which were built long within the time of
Legal memory; and secondly, that if the wall was ori-
ginally built by the predecessor of Lord Cadogan, it was
dedicated to the public; who alone, as they enjoyed the
Week, ought to repair it. To fortify his case, be railed
a number of witnesses, who proved that several Indivi.
duals along the tine of the wall had repaired sat+ pot-
tiens of it as were before their own premises.
The Loan CAMP JUSTICE observed, that supposing
-Lord Cadogan had no liability to repair by reason of his
A • tenure, lie did not think the jury could-convict him of a
nuisance on the first count of the declaration, for suf-
fering his trees to injure the wall ; because that count,
read altogether, charged a neglect to perform a duty
uieiog from tenure, and could only be interpreted with
feint'', as directed to this end. The firstpoint for tbejery
to consider was,wbethereaisroadexistedas a raised road
before the time of legal memory ; because, if it was
created since, pliability to repair from time immemo-
rich could not be supported. If they thought the road
did so exist, they would then weigh she evidence on
each side as to the custom; and to decide for themselves
whether they were satisfied from that 'evidence that
• Lord Cartoon was bound to repair• by reason of his
tenure.
The Jury retired for as hoer, mutate* retareed • ver-
diet of guilty, deciding the- liability of Lord Cartoon
to repair the waif, for the spaces set forth in the indict;
latent as ruinous.

COL'RT OF COMMON PLEAS.—Dec. 10.
•lISAULT ON SDIP BOARD.
FLETCHER V. BRIORTMAN.
• Mr, Serjeant Pell stated that this was an action
• ' limpid by the Surgeon of the ship Arleston, a South
Sea' haler, against the Captain of the Vessel, for a
gross and violent assault on the plaintiff on board the
Vessel.
William Chip sailed in the Arleston, from the South
Sea to England, in May last. A dispute arose between
Dir. Fletcher, the Surgeon, and Meadows, on account
of a bird, the property of the latter, that had gnawed
!Ir. Fletcher's clothes.
. The Captain cameos deck, .but witness did not hear
what passed between them, as he was at the helm ;
be saw the Defendant heat Fletcher furiously. Fletch-
er fell, and Defendant beat him when down. lie was
obliged to ke-p his hammock fur three weeks, and was
fe:il on bread and water, except when the Ship's corn
pans- furnished him (the Plaintiff) with, some wther
Julia Lyne corroborated the last vittierses testi-
: .diony.
Mr. Serjeant Vaughan, for the Defendant, said, he,
should prove that the crew had been exceedingly fond
of amusing themselves by quarrels, fights, and other
pleasantries of a disorderly ship company.
William Wells had been second mate during the voy•
age, to the death of the first mate, whets he took that
situation. He was on deck on the day in question, and
. iseerd the dispute between Meadows and Fletcher. The
Defen4aut.was taking observation at the time, and in-
teetered, when he observed they were going to fight. —,
The Defendant said he would have no fighting. Fletcher
7 .rieclared he would see who was. the better man, • him or
' Meadows; several abusive expressions were used by
Fletcher, and amongst others he said, he would find a
-Vipe for the Captain's neck; on which the latter re-
plied, he would find a rope for Fletcher's body, and then
struck him. Fletcher was able to perform hisduty. but
he refused to do so, his allowance was stopped, and
bread and water were given biol.
—Roomy deposed to the same effect.
• Mr. Serjeant Pell replied.
The Chief Justice charged the Jury, who found a
verdict for the plaintiff—Damages, 1001.

OLD BAILEY, ACISDAT.

James Bayley ass indicted for s'ealing three deal
boards, value lsd., from M Lawrence and Covigli
timber-mercharte, of Boston. The peculiar feature oT
the case was this—that the principal evidence against
th• prisoner was a young won.sn (Lydia Church), to
. whom he would- have been married a few days subse-
Tient to the robbery. This witness, who gave her evi-
_ uence with tears, and fainted as soon as she quitted the
box, proved that Bayley had brought the wood to her
;umber's house, saying that it was his, and that he in.
tended to make a tahla; of it,
James Bri:tle, a servant of the prosecutors, proved
the planks to he their property.
Bayley. who haditiloself been in the service of Law-
resew and Lavin, gave this account of the transaction :
lio had received the deals front the foreman of the
• concern. to he worked tip in a given way ; having
boards of his own by itint which answered the given pur-
poes just as well, he had made use of his own wood, and
kept that of his masters.
The foreman alluded to (who was !mother to the wit-
sets Brittle) was rot called; but lifittle said that he
had reason to believe the prisoner's statement as trues so
tar as regarded the receipt of the deals. As to his har-
ing worked up his own wood. of that he knew
nothing.
The prisoner said the he bail been sixteen years
a soldier ; awl the time witness (Brittle) spoke of him
LTas a generally honest and industrious OWL
Ls
Joey. after NM e resistance on the part of one gen-
ay, retuned a verdict of Not Gritty. •

ENE

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et Tr g•I•A

John Lloyd was indicted for forging and counterfeit•
jest a Banker's cheque, forl6/. ille. with intent to de•
fraud James Bird. There was also • count charging
the prisoner with uttering the same, knowing it to be
forged and counterfeited.
James Bird, stated that he was a hosier by trade; on
the 20th of November the prisoner applied to him for *
quantity of goods, which he said he would dispose of
to a hived ; uitness gave him the roods, and received
from the prisoner a checque upon Sir J. Lubbock and
Co. for 61. 10s. as a secnritv; the value of the goods
was 225. and the prisoner was to have the .cheque re.
turned upon paying for or returuing the goods; the.
cheque was signed, t. Jag. Browne.' Prisoner after•.
wards called and obtained leave to keep the goods until
the following day, as he said be had not seen his friend.
Witness afterwards sent the chrs--gue to Sir J. Lubbock,l
and it was returned the next 'Doming U a. bad
checque. s.

W. Harris, a clerk in the I.A.ise la Sir J. Lubbock,
proved the receipt and return of the cimcqtte.
Cross-enamined—The custom is fur wimps. to pay
eliecques after they have passed through Cie hands of
another clerk, whose bus: "II it was to a►certain whe-
ther the cliecque was a good one. That clerk was dot
in Court, and witness could not say from his own k'pow-
ledge that there was not such a person as James Browne
who kept an account with the Bank.
The RPCORDER, on this evidence, directed an acquit.
tab, as there was no witness to prove that the cheque
was a forgery.
Philip Marks and John Ryan were indicted be steal-
ing from the pocket of Mr. J. Cotton a watch, chide,
and seals, valve Si. his property.
This was one,of the many cases of theft which hat
occurred during Mr. Henry Hunt's entree and progress,
on the 11th of November.

Mr. Cotton, who had left his dwelling, in John-street,
Berkeley-square, to gate apon the spetacle as is passed
slung Pall-mall, was ignorant of the rubbe.y at the
tinic, but it was discovered through the vigilance of the
officers who had watched the prisoners as known. It
was sworn that Marks took the watch and appendages
and handed them to Ryan, who ran off, but was subse-
quently apprehended upon suspicion of another theft.
No part of the property was found ip possession of the
prisoners, and it was anonymously returned to Mr.
Cotton on the Friday after the robbery.
The prisoners who, during the trial, were (especially
Masks) in viol,nt paroxysms of crying, dented the
charge. Marks said he was as innocent as his fire poor
babes at home. A witness was called to prove that they
were not guilty, bat his evidence was contradictory.—.
Three witnesses swore to Ryan's character, and Marks
presented a whole ballot of letters, which, however, be
was not allowed to read.

[The RCCOaDER summed nu, and the Jury returned
against both prisoners a veru.ct of Guilty. .
Marks was loud in his grief, sod made Edema pretes-
tations of Lis innocence.
4
The Recommit assured Lim that such hypocrisywould
not impede the course of justice; sentenced them tit
transportation for life, and ordered them to be removed
from the bar. . .
.

••.4 •
MIDDLESEX SESSIONS. TR:tipsy. 64..au.
A wretched looking man, dressed in as Arty smock.
frock, all's' rime of Samuel llogerf, w s Indicted.
Tot. obtaining from a poor 'tit& somas, iw by false
•pretetees.
It appered by the evideeee.chat the &fasciae. had
accomplished this fraqd, b giving the pcser 'roman a
check on the/stinking-hoe% of Mesita: Barclay, Vitt's,
and CO., signed John Lee, fbr 20E This cheeriest see.
Idraws In the usual form, but War entheienelf w 41 Warded-
co &Ude the ignorant lower oriels. Of coarse whom the
check was presented it wai notpaid. •
A Clerk in the house df Messrs. Barclay aud Go. stated
that upwards of thirty of these false cheeks had been
presented for payment by very poorfpenple. They weee
all irrittenin the same hand writing; hat all bore dilfer-
eat moles.
A witness of the name of Cushion proved the receipt
of some of these checks, or bills, from tha defendant,
aad had lost considerable sums of. money by him.
The Jury found a verdict—Ouilty. •
Mr. Aware, for the prosecution,' stated that the per.
soner lied keen iadicted at tbsisetance cdsissesariels of
St. Giles, and that the man Lad artfukly Contrived to get
rid of between 200 and ao of these bale, defrauding
whomsoever were ignorant enough to be deluded.
The COURT sentenced the pilsoner to seven years'
leastopeesation.

GI/IMM Dec. 6.—Yesterday afternoon, a lastitit-
able and fatal accident occurred at the New Chapel-of
Ease, now building in' Blackball Street. The jellied-
pal masonry being entirely fittialted, the loiners Were
proceeding with the erection of the roof, with every
prospect of successful completion to a work whirl, had
previously advanced in the best manner ; and were year
terday, to the number of sixteen iodividuals' includicg
one of the superintending contractors, employed upon
the scaffolding, which had been raised for coastructing
the roof, when a prop, which temporarily supported one
of the tie beams, shifting suddenly, the latter gave way,
and precipitated the scaffolding which was resting upon
it, and on which the men were at mork, down upon the
front gallery. The accumulated weight having forced
the main cross beam of the gallery from its place. 'the
joists which rested upon it weco consequently left with-
out support, and pressed by the niperincumbeat mass,
acted as so many levers upon the Partition tea ,{in
which their ends were placed) which divides the b yof
isti
the church from the main entrance and statical i
gallery. By this means part of this wall was fee a.d aut,i
;
and immediately thereafter the portion abnie open-
ingeto an extent of probably 30 feet wide, ant! 20 in
height, fell to the ground. The whole was the pork of
a few seconds, and the uufortunate men on the It:afraid-
ing had scarcely time to perceive their appalling situa-
tion, till they were precipated from a height of 10 feet
to the ground, and overwhelmed by the accuoulated
mass of materials before stated. Of the entire lumber
of persons bat one escaped unhurt; yet, consider ng the
dreadful predicament in which they were place!, it is
surprising the catastrophe was not more fatal hen it
proves to have been. One :nen only, of the tame of
Asher, a joiner, from Perthshire, was killed by estfoca-
tion. The remainder were all in a very short time extri-
cated, some slightly hut most of them seriously wended,
yet not so as to endanger their lives. , --
A VISIT To Tile Deuce.—The inhabitants of Aisderby ,
Steeple, near Northallerton, have within these ter days
witnessed the disinterment of the remains of a woman,
named 51 urwood, who had hero buried there about
twelve years ego. This female, it perms, bad a fal'ottrite
ton in the Royal Navy, from whom she had received
several letters. Ou her death.hed, she desired that these
documents, which she prized most highly, shculd be
placed in her coin, and consigned to the grave along
with her, which last request was complied with. An
elder brother of the sailor. o ha has resided at Ainderhy
ince Lis mother's death, having nearly exhausted
a sem which be haul some time ago received as prize-
money, shrewdly suspected that the letters in rpiestion
might be productive of farther supplies. Ulmer this
inspeession, he proceeded, in the presence ofseveral
spectators. to open the grave; but, alas! the letters bid
entirely disappeared, Bed nothing hut the bones if his
mother resented themselves to his astonished sight:—
(Citrate Jorrnal.)

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