k 
i 
i 
‘ 
1843.] 
THE GARDENERS 
CHRONICLE. 
583 
of his body, with remainder to the right heirs of Henry Brougham, 
n exemplification of a recovery suf- 
ever; and a recovery suffered in pur- 
Suance of this deed Trinity term, 23d George III. number of 
Witnesses were then examined to show the undisturbed possession 
of Lord Brougham and his predecessors under these deeds, ex- 
tending back within living memory for neerly 70 Mr. Jus- 
tice Wightman, in summing up, said that the present action had 
been brought to recover damages for a trespass and illegal dis- 
traint. No defence had been set up b 
forcible entry and distress; but he had further gone into his own 
title, and shown sufficient to satisfy every person that the defend- 
ants could have no defence, legal or equitable, to offer. Whatever 
claims some parties of the name of Bird might have had, they had 
Parted with them in 1726, 117 years ago. It was for the Jury tosay 
whether the trespass was proved to their satisfaction, and if 
appear to have been brought for the sake of damages, but merely 
to get rid of the danger of annoyance for the future, A very 
moderate’ sum would, therefore, probably be sufficient to satisfy 
he requirements of the case. Verdict for plaintiff—Damages 40s. 
Thomas Bird, Isaae Bird, Peter Bird, Thomas Bird (nephew 
of . Bird, the elder), and Adam Bird, stood charged in 
the Crown Court with having, along with John Bird, on 
Tnesday, May 23, unlawfully entered the mansion-house 0} 
Lord Brougham, called Brougham-hall, in the parish of 
Brougham, and from the peaceable possession of the same, with 
oree and arms, unlawfully expelled and put him out. Th 
that this notice was given, and that they continued to work 
towards the fault in question. The accident happened on Sunday, 
the 2d July last, and it was providential that it happened on that 
day, as 100 lives might have been lost; the Boot-water burst in, 
and first destroyed defendants’ pits, and then plaintiff’s pits. In 
the first instance defendants offered to pay the expense of drain= 
but the learned counsel said he was in= 
and five yard 
veins, whic ave a gross tonnage of 2,344,427, but, deducting 
the usual per-centage, the net tonnage would be about 1,687,988 
tons. It would take 90 years to exhaust these beds. He entered 
into two calculations founded upon different scales ; one came 
to 20,1947., the other to 30,9447. After some further observations, 
he stated that he should sustain his statements by evidence ; ant 
iS Sir J. Hanmer had lost his property by the default of the 
defendants, he was entitled to full compensation at their hands. 
number of witnesses were then called to prove the case as stated 
by the learned counsel, and, at the risiug of the Court, there 
remained two witnesses to examine on behalf of the plaintiff.— 
fhe trial was resumed on Tuesday, when the additional witnesses 
were examined, and the case for the plaintiff closed. Mr. Jervis 
then addressed the jury in favour o! efendants. He said that 
the enormous damages claimed by the plantiff would amount to 
an annuity of 1,500/,a year for ever; and that the allegation 
ally was that the defendant had not attended to the idle and 
ipi ion with the people of the neighbourhood 
respecting the water, called the Boot»water, in his mines, and 
that he had recklessly destroyed not only his own property, but 
that of others. He admitted that damage had been done, but he 
contended that it was caused by the ordinary working of tl 
a considerable loser there- 
» 
a. 
e, 
o 
aron Gurney charged the jury, who returned a 
verdict for the plaintiff, damages 6,227/., with power to move for 
a reduction of damages to 1,600/. 
ESTERN Circuit, BristoL. —Isaac, Thomas, and Robert Wat- 
kins, were indicted for burglariously breaking and entering the 
dwelling-house of Mary Hunt, and stealing divers articles, and 
for assaulting her with intent to murder her. The prosecutrix 
was a poor old woman living alone in a house at Brislington, 
near Bristol, and the ci of the c 
siderable attention at the time. Her house was broken into, and 
the bed was thrown npon her, with a heavy box upon it to pre- 
vent her giving an alarm. Two of the prisoners attempted to 
prove an alibi, but the Jury found them all Guilty of the burglary 
and the wounding, but not with intent to murder. Mr. Justice 
Coleridge ordered judgment of death to be recorded, but told 
them the only condition upon which their lives would be spared, 
would be upon that of their being transported for life. 
Wesrern Circuit, Bripeswater.—Richard Alvin was indicted 
for the murder of an illegitimate child, name and sex unknown, 
by tyeing a hayband round its neck, and producing suffocation. 
The case excited the most intense interest. i i 
n- 
Several defendants, who had been admitted to bail, 1 
to take their trial. hey had air of respectable mechanics, 
eption of Thomas Bird (the nephew) described 
in the calendar as able to read and write but imperfectly. They 
3 em even now to sup- 
port, by legal means, any claim which they might fancy they 
Possessed; but it was necessary they should be made aware, that 
e law into 
i force and violence of 
Property in the peaceable possession of others, to which they 
ie f their being guilty of any further violation of the law. 
The defendants were then, with some words of, admonition 
tom Mr. Justice Cresswell, discharged on their own recogniz- 
®nces to appear to receive judgment when called on. 
yh THB RN Circuit, Cuxs 
tom her on bond, so far back as 1810. He continued to borrow 
for years after, until at length it amounted to the considerable 
i Verdict for plaintiff. 
Coal Mines, Bagillt—Hanmer v. Eyton and Others.~This case 
excited e 3 untry, in 
Sonsequence of the property at stake, the damage being laid at 
qOs0002, The Solicitor-General stated that the plaintiff, Mr. W. 
anmer, was the trustee of Si 
the late Sir Thomas Hanmer, who was possessed of 
Considerable estates in the county of Flint including the 
mine in the parish of Flint, known as the Dee Bank Colliery, 
which it was complained had been destroyed by the negligent 
°r wilful wrong acts of the defendants, the Messrs. Eyton, large 
Thining proprietors in the same county. ‘The property borders the 
ae Dee, and consisted of several valuable vems of coal; the 
the three and five yards, which were very valuable, and dipped 
under the of five yards, which pped 
eh twenty-five years, reserving a royalty of one-seventh. It 
ee since worked by the Dee Bank Colliery Company. Adjacent 
his 
ppthis colliery was one worked by the defendants, leased trom 
tT. Richardson. About 45 years ago the late Mr. Ellis, of Cornist, 
porked Sir J. Hanmer’s mines, and several also of the adjacent 
ane He worked through two faults, and opened into one, 
fr ich let in an immense body of water, supposed to be tapped 
fone the river Dee, which filled a large space underground, and 
framed a sort of subterranean lake, known as the Boot-water, 
coll the Boot Colliery, and which was kept out of the rest of the 
the ues by a fault, “This body of water was well known to all 
tng Colliers, and it was also known, that if the fault was dis- 
li Ded, it astrous effects upon all the adjacent col- 
Des. ‘The defendants began to work their mine at Bagillt 
MEMES Notice was given to their agent that they were proceeding 
Notion 28 levels which would destroy all the collieries, and which 
ee was repeated. He should prove by theit own workmen 
person o} property, residing, at the time this offence 
Was said to have been committed, upon his own estate, at 
Crewkerne, where his father lived, and acquired considerable 
property as a banker, ‘The particulars of the case having been 
oticed at the time, it is sufficient to state that the child was the 
offspring of a servant girl, who swore that her master took the 
child from the hay-loft in which she was confined, that she never 
saw it after, and that he also made up a hayband, but she di 
not see him do anything with it. Other witnesses deposed that 
the body of a child was found in the prisoner’s garden, on the 
llth June, with a hayband round it, . Cockburn, for the 
prisoner, pointed out various inconsistencies in the evidence, 
and Mr, Justice Coleridge put it to the Jury whether they could 
see their way clear to find that the prisoner had killed the child 
by suffocation. There being no evidence whatever that could 
satisfy them on this particular, the Jury immediately Acquitted 
the prisoner. ‘ 
xFoRD Circuit, STAFForD.— The Queen v. Arthur O’Neil.— 
n this case, the Chartist lecturer was charged with having 
uttered certain seditious words to a large public meeting o: 
workmen, at Rowley Regis, on the 26th August, 1842, intending 
to bring the laws and constitution, and the House of Commons 
into contempt, to obstruct the collection of the revenue, to 
induce the subjects of this realm e and resist the pay- 
ment of taxes, and to persuade large bodies of workmen in the 
coal and iron mines unlawfully to conspire and combine for the 
purpose of obtaining an increase of their wages, by abstaining 
from work, and to cause them to hold unlawful assemblies, to 
create disturbances, break the public peace, and resist the execu- 
tion of the laws. The Jury found him Guilty. The defendant, 
upon being asked what he had to urge against judgment, said 
that he had mauy and weighty reasons to urge. ‘‘If,’? he said, 
‘you value your own cause, and do uot desire that my princi- 
ples should spread, there is no more certain means of so doing 
in by my imprisonment, by which I shall obtain greater influ- 
ence than I now possess. Moreover, I am not desirous of leav~ 
ing all the institutions with which I am connected in Stafford- 
shire—the schools I have formed and taught, the congregations I 
have preached to, the sick I have visited. Nor do I wish to leave 
the excited population of Staffordshire without the control I have 
hitherto been able to exercise over them. But for myself I have 
lightest objection to impri 
=) 
= 
= 
it seems to me that the Jury could have come to no other con- 
sion. 
yon addressed, though you state you were connected with them 
or some of them as their minister, you chose to select that par- 
ticular time of excitement and distress for your visit and address 
ave expected that if in that address any 
other topic than patience and submission to the law had been 
dwelt on by you, youraddress would, at least, have been cautious 
and guarded. Instead of so doing, you exhorted them to throw 
off allegiance to the Government, and to refuse the payment o! 
taxes. How far you are sincere in the opinions yon yesterday 
at such length expressed, is best known to yourself. How far 
you can believe that the peaceful millennium which you profess 
to anticipate as the result of modern enlightenment, and the 
accomplishment of ancient propheey, can brought about 
without oceans of blood, of which you so strongly express your 
abhorrence, it is for you to say, (O reasonable man can think 
that the change you deem so much to be desired can be brought 
about without a fearful burst of the volcano, to which you yester- 
day referred with so much apparent pleasure. Be that as it may, 
bear in mind that you are not prosecuted or convicted for your 
opinions, but for the tendency of the address which you then 
delivered. Taking into i ion all the ci 0! 
the case, the sentence of the Court is, that you be imprisoned for 
twelve calendar months, : 
Foley v. Botfield.—The questions which gave rise to the pre- 
sent case are of an extremely intricate character, and involve 
many points of law originating from the construction put upon 
the clauses of a certain lease made as long ago as the year 1801. 
That lease operated as a demise for sixty years of an estate of 
about 100 acres, situated in the centre of the mining district of 
supposed at the time and eventually proving to contain 
yaluable mines of coal and iron, which was then held by different 
s 
= 
to Mr. Turton, who afterwards accepted Messrs. Dixon 
as his under tenants. The mines were wi the 
mining property. Bat for removing the engines, &c., we give 
'y respects, peculiar. Sergeant Shee, in his address 
to the Jury, said, that the plaintiff was an aged man, a market- 
gardener, and defendant was a gentleman named John Benedict 
Angell Angell, whose family name was Brown, but who, in 1785, 
assumed the name of Angell, under circumstances that would 
afterwards be detailed. The action was brought to recover about 
20 acres of land, in the parish of Stockwell, and the title of 
plaintiff was founded upon the will of a Mr. John Ai 
died at Stockwell, in 1784, By that will the testator gave to the 
male heirs of William Angell, the first purchaser of Crowhurst, 
xistence, 
then the estates to go to the male heirs of William Angell, 
should make themselves out 
Angells, and their heirs for ever, and in default of that branch, 
to William Brow: 
|, of 
be 
dence to make out the pedigree of plaintiff. It consisted of wiils, 
iety of 
The Jury retired, taking all the documents with them, and 4r 
turned a verdict for plaintiff. 
SPORTING. 
TATTERSALL’S, Tuurspay.—Sr. Lecen.—7 to 4 offered on 
Mr. Bowes’s Cotherstone; 8 to 1 agst Scott’s lot, bar Cotherstone ; 
20 to 1 agst Mr. Yarburgh’s Dumpling (taken) ; 20 to 1 agst Lord 
Exeter’s Lucetta colt (taken). 
Derpy.—Offers to take 1,000 to 30 each about Voltri and Saddle 
Bow ; 1,000 to 20 agst Mr. Saddler’s Johnny Broome (taken), 
MARK LANE, Fripay, AucusT 18.—The Wheat Market is 
very inanimate, a few samples of fine old Wheat have been dis. 
posed of at about the rates paid on Monday.—New Wheat has 
been sold at lower prices, and in Foreign or Bonded scarcely 
anything doing. Barley is 1s. lower. Beans and Peas a dull 
Sale, and Oats are unaltered in value. 
ITISH, PER IMPERIAL QUARTE: ge 
Wheat, Essex, Kent, and Suffolk . . . White 621058 Red 
—~— "Norfolk, Lincolnshire,and Yorkshire. . . 801056 White —to-— 
arley. s,s + + + + Malting and distilling 28033 Grind. 24 to 20 
Oats, Lincolnshire'and Yorkshire . . . Pola 15to 25 Feed 16 toss 
—— Northumberland and Scotch. .. . Feed —to— Potatoi7to 95 
i Minerale + + 4 2 + Feed 16to023 Potatoié to 24 
TVG. Gs: a cis Bearers iv oe . —to— 
Besa, Mazagan, old and new . 221027 Tick 98 to 29 Harrow 25 to ag 
—’ Pigeon, Heligoland . 28 to 84 Winds, —to— Longpod— to_ 
Peas, White... + + 281085 Maple 301083 Grey 28 teal 
WEEK 
Beans. Peas. 
8. 
a9 9 
Puly: ise = 
ar Hae 
Ss ee aa 
a3 4 Maat HSE ot Mike 31 1] 33 9 
August 40. 31 9] 34 4 
Et bic 321] 38 7 
S weeks’ Aggregate Aver. 30 9] 33 38 
Duties . 10 6| 9 
GAZETTE OF THE WEEK. Aes 
© BANKRUPTCY 'SUPERSEDED.—I. Smallcombe, Bradford, Wiltshire, 
coal-dealer. 
mst 
nik, furnishing-ironmonger—T.. Fo 
Lee Mtavahall and W. C- ’ 
nnson, Little Abingdon, Cambridge- 
RT. Fletcher, Brentford, 
ving, Novwich, draper—-1Tughes,Chelms- 
1, Yo ens 
alkali-manufact 
Humble, Ardwick, Lancashire, ‘groce: 
,, Northamptonshire, grocer—Thomas Meagary, Love- 
William Vann, Old-street, upholsterer—W illiain’ Snows 
East, pastry¢ook—Robe 
ames Ralfs, Pive 
Honner, Camden ‘Town, con- 
adilly, upholsterer— Rich 
Brown, Prescott, Lancashire, halaneeavakers a 
ing — 
il 
yd-pa' 
Rickard, jun., and Willia rd 
Joshua Harton, Hare hill, Dudley, Worcestershire, and Joseph ‘Horton, 3 
? sliny : 
Woods, Heathfields, 
gon, 
within Saddleworth, Yorkshire, ; 1 n Josep a ibe 
See renee castll Jolineons hive ae Henry Bingham, 
'S—On the 13th inst., the Hon. Mrs. E. P. Bouverie, of a daughter— 
ty the Countess of Mount-Kagcunie, af & daunhter—On the 
ory, Insts at Liverpool, the Hon, Mrs. H. We Macaulay, of @ son—The lady 
RIED—On Tuesday, Ge ioe caughter. 
daughter of the Marquess of Salisbu 
Lycee np Saar yers Bsa of Madeira and Liverpool, to Har- 
TED » MDs, 
> ‘mi on 
the 19th inst., the Lady Louis i » W. Marsh, D-D,, and sister of 
the Bae] Cadogan Nay Louita, wife of the Rew W- Marsh, 
