Summer Assizes.
The Times, 1824-09-02T00:00:00

Mlr. Justice BAY1LEY and Mr. Be.irufbH uLLOCE arrived Appleby on Saturday evening about eight o'clock, and imtnediarel opened the Cormmission of Assize for this county, in the Coun: Courns. On Sunday they attended divine service at Applebv church and this morning at nine o'clock they took their seats on the benc Mr. Justice BAYLEY on the civil. atnd Mr. Baron H7ULLOCE O the criminal gide. CRIEIINAL SIDE. At 12 o'clock. after the usual formzlities had been gone throu the following gentlenmen were r.worn unn h,n 1h - -7,,-- r Charlee V'NeJcill was indicted for feloniously *nd burglariousi breaking into a celar belonging to Thomas Blackadder, of Templ Sowerby, with an intent to steal therein, on the night of Friday, th I th day Of May last. It appeared from the evidence given In the case, that the prosecu tor, vho is an inkeeper at Temple-Sowerby, in this couhty, havin discovered that a considerahle quantirtof spirits was purloined evec night from the stock in his cellar, deterinined, if possible, to fi out who was the thief. In consequence, he and his wife resolvd watch the premises on the night of the 14th of Mtay last They a peared to go to bed at their usual hour, but instead of doing so,they t tiurned back into their kitchen, having first extinguished their can above stais. They had not watcbed long before they saw the prison attempt to enter the cellar, of which tbe door had been fastened at t esrly part of the evening. Alter maXing one or tvwo attempts, he ru ceeded in entering it, butt had not been there long before he was a prehended by the prosecutor anzd his wife. Several leys were fou upon his person made for the purpose of opening lock.cocks,an alno D bladder filled vith gin, which he wDs supposed to have draw from a gin cask of the prosecutor. On being apprehended, he to the rosecutor that if he would let him go, be might do any thing likes with him; but the prosecutor told him, that aS he was detect in a felony, be must answer for it in a court of justice. As the was some dotbt as to whether the cellar in which the theft wak s mitted ws part of the prosecutor's dwelling.house or not, a ta. derable portioq of the examination of the. witnesse" was direted that point. I; appeared that the honse, barn, and preinse of prosecutor were all under on roof; that thc cellar adioined to the be of the barn, but was not in the same straight line sFith it-that barn was over part of the eellar, but not over the whole of it, that the barns door was entirely over the cellar. Utnder these circ- stances, Mr. Baton iu L0aocl held, that the cellar was sO attach to the dwelling-house of the prosecutor as to form a p;rt of it. The prisoner, being called upon for his defence, entered into long and irrelevant statement, about his hat ing been employed the prosecutor to conduct some smuggling transaction for h and his wife, both in silks and in spirits, and contended, that if had not been for their treachery, he would never have been il place in which he then stoed. He complained, that after all capital bargains which he had Put into tie hands of the prveo"ut it Was a cruel recompense to be put into prison. 'lee solemnly0 tested that he was innocent of the burglary which had been aidd his charge, and declared that he was in the cellar of the PtOaeut for no other purpore than to superintCd the delivery of Bouae t Kied spirits during that night. i r. and Mrs. lae2:der were recalled, and swore rnoa di tinctly that there was notruth in thc statement madebythe pr,:So3 They had never been engaged In anv smuggling transaction the silk or in the spirit trade The leained JJUDfGE summed up the evidence; and the Juty turned a verdict of guilty against the prLsoner. Mr.Baron iIuLLocrs then ordered sentence ef death to ha against him. The prisoner entreated his Lordship to consider his ce sn compassion; be had a wvife and rix ftsjtueS-? children, wlD w; etutirely dependent on him for sUpOrt. He implered his again and again to coutsides his family. | ,Mre. Baron HtrLLOCE--HOW can you expect that oterp will consider your family when you did taot consider Yott.fr Turning to the gaole-r)-Iet the pritoner be taken away rt , He was accordingly taken from the bar back again to prison, .Before MI'. Justice BATLEY. LOUGH V. WVAaatX. MAr. W1GrMLkv opened the pleadings. Thit wvas an arought to recorer the sum of I11, for oodt sod and delvst he defendant bl tbe plaintiff. Thedef nthad paid nl. 3s., but -denied his liability to pay for tho remainder hat ptintihsue tas joined. Mr. BRGU a,tarstzted the-case to tlle juty. ]2s IAM4 f Wad told t.m Wbthe. ty to t1s qLle wwe; I I d 'were"nt yet nwaua that the deienaant *Ua the reai and identicai M'r. 'Warren? wio sIne with such distingnishled1hugte all over the globe as the urnisher of the best patent blacking that ever was composedi by -ortal hands. The defendant, exulting in the preaesosnenee to which the unrivalled jet of his wonderful blacking lhad raised him, and anxiortl to carrY still further the truiunph which he had already achieved over the boots and shoes of miankind, not only in the civil- lied, but also in the uncivilized regions of the globe, dletermined t~i accomplish that great object, by inserting a few advertisements, de- scri-bing, inmodest terrnit irsinestimablequallties in thecolumnsof the Kenda Ckronick~, or iwe:ttmorhivld Gazefte, apaper published by the plaintiffon thepresent record. Fostheseadvertisermentshewastopy nolindeed in kind-...for though both dealt in blacking there was augt,3~ dlifreience betweeai thiat laid upon types and that laid upon shoes)-but In he nl thngIn greater demand~, highier chaLracter, and more gr- neral uste than this unrivalled bl;~kin ~namely, in the carrent coin of the eur'.The price at which the-se advertisements, carring the transendnt merits of Mlr. WVarren's jet black Ievention teoni One end Ofe Vesteiorland to antother, were inserted in the plaintiff 's pa~per, was 5s. 6d. each--a price much less than that charged for or. citnai~, advertisemerts and only reduced to that amounlt on account of tclifrequency with;which thesaid advertisements were to be inscrtet.l lV'hentheyreco~ll-- tehlatoutofrthisasum of s.6d. 3s.6d. was tobe de- ducted for thae advertisement duty, they wouild see that Only a small sum was left to th-e plaintiff as a remuneration fol his labour and trouble. In the course of timne, a dlebt of 1ll. 'was contracted by the defendlant whichi he had since refused to pay. The consequence was, ihat an action -mar, instituted to reecover it. In Michaelmas termn, 1823, the defendant took out a summons, and applied to the Lord Chief Justice for ml order to stop all fuirther proceedings in it upon payment of the debt andi costs. Such oDrder wats consequiently mnade, and it was referred to thc MNas. ter to determine wbatsum oughttohbe paid to the plaintifF.The Master determined that 81. was due to the plaintiff. Thle defendant, however, refused to pay that su, and the consequenice was that the formiez action was proceededin, alld that they wvere placred in the jury-box to determine on isa merits. The learned counsel then called the following witniesses to sub. stantiate his ease :- Thomas Walker produced the books of the plsintiff, from whichi it appeared tiatu there had been 41 insertions of the defendant's; adver. tisemnents in the plaintiff 'a paper, at 5s. 6d. each, and that the de. fendant was indebted to the,plaintiff for their amount. I'r. BROsIGHAx.....Ilave you got Mr. Warren's blocks with you in Court ? Afr. JUStiCe BAYr.Ey.....locks, M1r. Brougham P What blocki ,do You Me-an? Mr. BROUGnfAae...Oh ! my [,ord, certaini blocks, containing various dainty devices, withi whiich thle defendant is in the itabit o1 furnishing the various papers. I wiii me.rely miention one to youi LordAibirfors instance, a eat shaving itself in a polished boot. (Great laughter.) The witness, in answer to questions put by Mr. SCARLETT, de. Posed that Alr. Lough was the only proprietor of the Keiado Ch ronicm_ The plaintiff kept an inn at Kendal, and witness~ ef, tCALES7T.-In kee ing the inin, or cnutn the paper? Intelattee only. I did ciite the paper. I succeeded 31r. Conkler. John Bennett, a. grocer of Kendal, wvai the next witness examin- ed, who, to judge fromi appearances, hiad beeni taking sundry lrg.e potations of some beverage stronger thanwae. e ePosed as follows :-" I am a dealer in Wrarren's black- Ing. I know 1r. WVarren. I have seen hini write. I have seen him in the country occasionally, though lie generally, sent a traveller to, take orders. I know a person of the name of Shrieve lie was a traveller for Mr. WVarren. I have dlealt wvith him. Mr. SCAnRLETT...DTank withl him you mean, do you not ?-Oh, yes; we hiave had many and many a gzood hiorn together beforenow. Of whiat ? Blacking ?-N,o; good genuine old black strap. I have drank withi him att several houses. At what hiouses P-WVhy at differcenthleuses. Mlfr. BROUGHsAac..Oh I pray tell my learned friend at what houses, He wants to know where hie must call as he drives through Krndal. Mllr. SCA RLETT..UaVe YOU drankwith Shrieve ait the plaintiff's Inn ?-I don't know-perhaps I have. I certainly can't swear that I have not. I have heard it said that Shrieve drank deeply. I ever mnadc him drunik. I am not that way inclined. (A laughi.) I never made him drunk to drive a bargain with him. Tlhere was no occasion to do that, as he gave plenty of credit, and plenty of discount also. Alr. SCARLETT.-Are you sure youi know Mfr Wiarren ?-Oh, yes, quite suire. I know Warren, a.nd I know you. I know your friend AIVr. Dewhurst too, and several others of your acquaintance. Vh at are you. SirTP-A malt. Mlr. Justice BAYLEY.1I must, witness, I nmust Me.r SCARtLETT.XVore you everTin Appleby gaol P-No, never. haveyou ny wsh t go hereP-Noe in the world, (insa dogged Then Sir youwillbe s kin asto answer my questions less fli~an{~ nd eepyou itperinecefor some other occasion. The Mr. JsticeBAYLY Intmatedtofte witn ess that he must give an answer to the que3tion whichl tile le2rned counsel put to himi. Mr. SCARLETT.-Well, Sir, will you now tell nic what you areP -1 am a grocer at Kendial. I once met Mr. Shrieve, the plaintiff's traveller, at the plaintiff's inn, that was two or three years ago. (A paper was here put into the witness's hands.) That is Alr. W1ar- ren's hand-writing. I am quite sure of it. A letter of Mr. Warren toi the plaintiff, dated Mlay 15, 11120, was here put in and read. It directed the plaintiff to insert an enclosed advertisement twienty timest, at 5s. 6d. for each insertion. George Lyon, a shioemaker, provedh that Shrieve hadl given the plaintiff orders to continue the insertion of that advertisement till further notice. Mlr. SCAPRLETT contended that this order- could net be reCeivedl in evidence. Shrieve was only a traveller for, and not .a partner withi, the defendant. Now, a traveller's business was en take orders.- not to give them, lie had no authority to contract debts and to bind his master tn pay them. Alr. BROUGsiANL contendedl, that from the very nature of the defendantis business, his traveller m-4st be vested with siuch a powver. M.r. 'Warren wras onle of thAe greatest dealers in advertisements in the kingdong, now that the lottery-offices were closed. As thiere were alteratdons to be madle in his puffs, as the names of agents recquired frequent change, and as there were various other little things to be dione, they could only be dlone by somne agent on the spot, an(l that a nt was thie travell er. Alr. Justice 13AVy LEY heldl that what Shirieve didI with regardI to these advertisements, must he considered as binding his master, and therefore was adnii.v5sible in evidence. Mr. SCAUILETT requiested his Lordship to take a note of his ob- jection. Hiis lordship accordingly did so. Tue Judge's order for staying all proccednaopym tofeb and costs Was here put in aln reakd. ednsopym tofeb Trhis was the case for the plaintiff. Mr. SCAte1LETT, for thec defence, enteredl into a history of the pecuniary transactions between the plaintiff and the defendant. 'I'lte defendant was in thie habit of employing travellers to receive orders, but not to pive them. lie had no itutetition to viest in theini a power of contracting debts on his belialf, nor indeed was he (M r. Scarleti) aware that they did possess any such powers as his Lordshi p had declared was vested in them. Alr. Justice BAYLEY.-I did not say that they possessed a power of contracting debts to bind their mnasters. I only said that with regard to these advertisements, it appeared to Me that Shiriere must have bad such power, and thierefore it was that I admiitted as evi- dence what he had saitd and done. Sir. SCARte.ETT then conitinued..-He stated that 111. was the sum originallyclaimed by thieplaintiff of the defendant. The defendant, lii answer, said that he had paid plaintifF3l. 17s., and tendered 71. .3e. to him as balance of his account. A variety of legal proceedings then took place between tihe parties, In the course of whichi the pla'intiff set uPa new claim agaLinst thedefendant forl11l. Theconse- quence was, that on the notion of the defendanqt, an interlocutory judgment which the plaintifF had obtained against him was set aside, an dleave was grantee toh inby Mr. Justice Best to defend this ac- tion on conaition of paying 7. 3is. into Court. Such were thz cir- cumatanceg of the case ; and le trusted that, under them, the jury would nT" gie the p laintiffa verdict for a larger sumn than thiat which was paid into Court. film. SCAteLETT called evidence, who substantiated the facts wh;ich he had stated. lae ug,fudavr Mr. uri~5stst bseved,tha hehadl little doubt that one rea- son f th deendat'smakig lds opostion to the plaintiff's claim wasto par hisel th cot o fuureadertisetnents PARKINSONc V. cOLLTINs. (Be'fur a Special.Jury.) This was an action Of' tees pass, for breaking, anti enterin~ a close called Cliftonfits Islanld, othterwise Ellerholme Island. otherwise Lowther island, otherwise F'ar Island. The defendant pleaded" 1 not guiilty." M1r. SCARLZTT, in opening thie case to the jury, told themi that the real plaintiff and defendant In this case were thec Earl of Lons- dale and Mvr. XVybergli, the resptective landlords of the nominal par- ties to the action, and1 that the real qiesetion to be tried was, whch of them had a right to the possession of a certain island in the river Lowther, which was knowni by the different naines whichi we have eniumerated. The island was of~ no great value, and the wooti upon it was not worth 121., but as each of the parties to the presenit action con- ridered it asaan ancient appendage to their estate, neither was whi- ling to ~r ihi,ecp coiapelled to do so by the verdict of a jury,~,, apeaee fro th evidence of thr plaintiff. tha-i so long agufj ,nerinoHny VIII.. the possession of thl~islantd hag beePZ tdbtwe h ancestors of Mr. WVyberglh, and a family of the e1e ofDdey-, from whom it ha(ldeacendedl to the I,ow. thers; .and that it hd been awarded to the Dudleys by the arbitra- tors of that day. Acts of ownershiip were also proved to hiave been exercised by L,ord Ionsfale's fkmily for enany yenrs past, which a ere called acts of usurpation bpy the defendant's couinsel. Ilr. WILLIA'31S, on behalf of the defendant, deitied that the award in the reign of Herry VIII. was evidence to rtile and govern this, case. There wras a isubsequent deed, made in 1706, between an ancetor of Mr. Wybergh and an ancestor of' the Earl offionsdale, in which the former conveyei to thle latter certaini property, withi the -% aeptions of certain islands in the bed of the river, one of which thjis wait, and which was even k-nown to the country by the name of IVy. herzh's islanid. HIe said that he sh ould prove acts or' owliersh il infinitely superior to those proved by the other side: the acts of ownership exerCised by the plaintiff only extended back for the last 20 yeaTs: those exerciaed by the defendaat went back as far es living memory could trace them. A great quantity of various and conflicting testimony was given on both sides in support of the claim. Mr. ScARLETT replied at great length. Mr. Justice BAYLEY summed up at great length. The jury re. tired at nine o'clock, and at ten o'clock returned with a verdict for the laintiff_DiAlMage5, 31. the case oceupied the Court nearly 10 hours. JWe hzve been obllged to conrHae ourselves to a mere outline of this last case, in consequence of our reporter being unable to obtain a seat in court. owing to the incivility of some of the bailiffs in ats tendanCe In all the other courts on the circuit he has been enabled to pass from the civil to the criminal side as occasion required, but here he was told, even after explaining his business to the requisite officers, that he had no buainess in court, and that respectable per. sons must not be disturbed to imuake room for him. On no occasion did he ever meet with so much personal inconvenience and Inicvility as in tr.e Nisi Frius Coiert at Appleby. Indeed, both eourta are very small and inconvenient, and are a positive disgrace to the county of SUMMER A4.SiZES. APPLEBXY. .Nlown.,t A, nnn I