The Sun. — 1821-08-14 (London, England)

LINCOLNSHIRE ASSIZES.  TITHE CAUSE. ASHTON AND ANOTHER V. CUST (THE HOW. AND REV. It )  This important cause was tried before Chief Baron Richards at the Slimmer Assizes at Lincoln last-year; when the Jury having returned a verdict for the plaintiffs, the defendant moved the Court above, and obtained an order for a new trial, on the ground that the verdict was contrary to evidence. The cause was an issite directed by the Court of Exchequer, on a suit preferred in that ( ourt by the Rev. Plaintiff', who claimed to be entitled to all the vicarial tithes of the parish of Hough on the Hill with Gelston and Brandon. The defendants named in the issue are Mr. • Wm. Ashton and Mr. Wm. Beecham, on the part of themselves and the rest of the parishioners of Hough, with its hamlets ; and the question to try was whether the Rey. Gent. be entitled to break through a customary payment, and to take tithe in kind, or whether a composition of sd. an acre for lands in Hough and Gelston, and 6d. an acre for lands in, Brandon, be of sufficient antiquity to have acquired the validity of a modus.—Mr. Scarlett, on a special retainer, with Mr. Reader and Mr. Phillipps, led the cause for the parishioners;` and Mr. Clarke (in the absence of Mr. Serjeant Vaughan, from his recent accident) led, with Mr. Denman and the Hon. Mr. Finch, for the defendant. Nlr. Scarlett stated the case with his usual ability, and observed that he should call persons to give viva voce testimony of usage without the ?lightest variation for a period of more.than one hundred and thirty years, with such other indubitable proofs of a modus, as that none but a Jury of parish clerks could for a moment hesitate to support the rights he contended for. Ire called as his witnesses, Mr. Jackson Farmer, of Lessinghani, Mr. J. Simpson, of Somerby, Mr. John Fisher, of Stragglethorpe, and Mr. Geo. Lowson (who were witnesses on the. former trial), with the addition this time of Mr. William Seward and Mr. Robert Crossby,—"all of whom were persons advanced in years, and who had had long acquaintance with „Hough, Gelston, and Brandon, from the residence of themselves, and in most instances of their fathers and grandfathers. They proved the constant payment of the composition, and that no other payment for vicarial tithes had been known in those places.—Mr. Clarke, though labouring under indisposition, made for, the Hon. and Rev. Mr. Cust, a most able and animated address to the Jury : and afterwards adduced the same evidence for the defence as on the previous trial. Mr. Scarlett replied in a 'speech of singular ingenuity- and force; and the Lord Chief Baron summed up. His Lordship said, by the rule of law, Mr. Cust was beyond all doubt entitled to tithes in kind, unless the other side could,show a modus made before the time of Richard the First ; and the question for the Jury was, whether the. supposed •agreement for sd. and 6d. an acre, in lieu of tithes really existed at that time ; for, if the composition was shewn to have existed for 2 or 300 years, that degree of antiquity did not signify : to be worth any thine., it must be as old as the time of Richard I. The evidence called for the plaintiffs, his Lordship observed, was as strong as it could be, to show that the sd. and 6d. had been the unvaried payments for a long course of years ; but, on the other hand, the evidence for defendant's right was very strong, and could not in law be shaken, by 'proof of usage for , about 150 years, which was the utmost bound of the plaintiff's case.—The Jury (of which•fivewere special and :the rest talesmen) retired for nearly two hours, and on their return to Court, delivered a verdict for the plaintiffs. [JAMES CawTrion.)r has been convicted at these Assizes of the murder of his wife by poisoning her. The crime was committed last March.. We stated the particulars of the case at the time, but to-morrow we shall insert the whole of the trial.]  SIIOCEING AcctnENT.—Sunday last, Master Cif.titucs Coox, whilst amusing himself gathering some cherries off one of the trees in his father's garden at Hartnondsworth, near Hounslow-heath, unfortunately pitched head foremost from the tree, and was so dreadfully injured that he died, shortly afterwards.