1843.] 
THE GARDENERS 
CHRONICLE. 
439 
question must depend on the nature of the delusion. But making 
ie same assumption as before, that he was labouring under a 
partial delusion, and was not in other respects insane, he must. 
e considered the same, with respect to his responsibility, as if 
which he entertained the delusion was a reality. 
defence, he would be free from liability to punishment. 
the other hand, he killed a man in revenge for an injury which 
he eli yed that man to have committed towards him, he would 
be liable to it, The fifth question bat to the Judges was, whether 
medical men conversant with the subject of insanity, who never 
Saw the person till the ti ‘ial, could be asked their 
Opinion upon the facts they heard deposed to in evidence, as to 
the state of the mind of tl risoner at the time of Commins, 
the crime, so as to say whether at that time he was in a state to 
Know whether he was acting contrary to law, knew the diteralce 
between right and wrong, or santa he was labouring under 
any delusion which prevented him sadn ALES it? The Judges 
ot, in strictness, be 
by 
for the atcision of the as and mala not be ate a question of 
Science, whenever a question of science could be put with- 
out Seaaine the decision of questions of fact, it might be con- 
venient to put the auestion in that form, though it could not be 
80 done as a matter of right.—Lord Brou ugha am said that the opi- 
nions of the learned Grace and the very able manner in whic! 
they had been presented to the House, deserved the thanks of 
their Lordships. Mr, Justice Maule had expressed his regret al 
not having heard these questions, argued by counsel. Generally 
speaking, it was most important that, in questions put for the 
consideration of the Pee ties should have the great assist 
pre afforded them by an argument by counsel. But it was plain 
it the House had eotag ty to call oo the Judges to answer in 
thie way abstract questions of law, the answers to which might 
assist their Lordships in tet legiacive duties. This had been 
done in the memorable instance of Mr. Fox’s bill on the Law of 
Libel, ahere) before passing that bill, the ee had called on 
the Judges to give their opinions on the matter of the existing 
w. In the present instance he micenveus ‘that t en of the 
learned Judges agreed, and one of them differed. It seemed 
to be understood that when they all agreed, their joint opi- 
nion should be delivered by one of their number; but he trusted 
that that was nct always to be the case, for the House then 
Lord Campbell expressed hed aitstaction that the neblee ad 
learned Lord on the woolsack had carried into effect his desire to 
sk the Judges t These questions 
themselves into the pure law of England, and it was fit that the 
opinions of the Judges should be asked npon them, for the settling 
of them was not a mere mat er of speculation to their ane 
who igh ie mallee on in their legislative capacity to chan 
nid be desirable to have such AUREHOU 2S ar 
e could not always be ed where the 
of the Judges toe rote rmine what 
. His Tobe ung learned iene had stated one instance 
where the opinions of tl e taken in this manner 5 
but there was even a mere recent emcee; the Judges having 
been summoned in the case of the Canada cli as express 
t was then the law o: H 
28 
rejoiced in ourse which had been pursed. swers 
given by fateh Lordships ne t highly sutistactory, and 
would be the greatest use the administration of justice — 
Lord caeoanant eoncuited in the expression of their ordatipa? 
thanks now given to the Judges. It was true that the Judges 
could not be required to say rey would be the ee resHpe of 
the bill not in existence as a law, but they ought to be cailed ¢ 
to assist their Lordships in de aanee their Rearoue? upon abstract 
questions of existing law.—Lor se poten ‘d had never Deu Reig nAL 
their Lordships possessed the po sil on the Judges to give 
their opinions upon questions aw, vroposeu to them. 
as these questions had been. He fae sates when Lord Chief 
Justice of the Common Pleas, communicated to the House the 
opinions of the Judges on gussgne of this sort, pear: with 
refereuce to the usury laws. the opinion of the Judges 
thus Geligered to the Bae ve ita ma Bu) had been founded, and 
had atterwards been pas: into a —The Lord Chancellor 
entirely eeeurred | nthe etnien giv ae 1) other rou and learned 
Lords, ana for himself thanked the Judges for the attention and 
Jearving with which they had answered the questions. 
1CK-CHANGELLOR’S CouRT.—(B Sir L, Shadwell. = 
Astill and Others v. Mitchell and others ahr Stuart moved, on 
eee of the defendants, who were certain freemen of the 
gh of Leicester, to dissolve an Piston gr anted against 
them on the 24th of April last, by which t) ere restrained 
tom eens or breaking up, or parcelling ete in plots of garden 
, @ certain allotment of Jand inthe parish of St. Mary, 
Seat ake town of Leicester, which had been allotted under an 
inclosure act, passed in the 44th year of George ILI., to the free- 
and widows of freemen (during their widowhvod), in respect 
of their rights of common of pasturage for horses and oxen, after 
the inning of ot rcbe npon Coe open common fields called 
x from otherwise deal- 
ing with the aiocen in such a chatter: ris to interfere with the 
occupation thereof as acommon of pasture, The inclosure act, 
after reciting that it would be a great xtility anda general 
nd gore 
pasturage thereon, appointed w! 
were to make an seu to the freemen and treemen’s widows 
much of ae AourS fields as in aC 
dows were to 
the allotment made to them by the commissioners. The 
provided, that if any part | of the es, made to the freemen 
capable of improvement in 
the judgment of the com sander eas and dr aining, 
that it should be propery ‘rane ‘and slonghed, and afterwar 
fenced out with good oak rails, protected with a ditch of 
proper depth a width; a a aickset hedge. 
ent of this allotment was entrusted the act to a body of 
deputies who were to be annually elected from the freemen and 
freemen’s widows, and were empowered to make rules and 
orders, ‘as well for the Grasping, Joughing, culture, and dispo- 
and sowing ot grass, 
visions of this a 
year 1821, allotting to the freemen and widow maplot of land 
icin about 124 acres, which was iratieriatels laid down 
in grass, and had been ever since enjoyed by the freemen as a 
subject to the management of the depu- 
mode of eee speubucd with- 
jeme hit had 
5 tured 
freeman, or freeman’ 's wido Ws, for & garden, and a rent of 
“Js, paid for every 100 yards, to create a fund to be ‘applied | to the 
advancement of loans to the freemen and widows without inte- 
more land when convenient, and the accu- 
tional or charitable institution for the bene 
freemen’s widows of the borough and their children. 
vits represented that there were about 1,600 freemen and widows 
of freemen resident in the borough, but that the right of depas- 
sani cattle on the allotment had Bech rarely exercised by reason 
of a vast majority being too poor commonable cattle. 
The scheme sperelen of parcelling a the allotment in gardens 
wane Sos ears d by 1,429 of the resident freemen and 
eineneccient in its object, and so generally 
benefcialto the body off Peemens was opposed only by about 170, 
who insisted that whatever the object might be it was contrary 
to the strict letter of the act of Parliaments and therefore they 
instituted the present suit to restrain the proceedings by injunc- 
tion, The argument turned entirely upon the construction of 
the various clauses o| ie enclosure act; the learned counsel 
contending that the deputies were sufficiently authoriz 
the terms employ. ed ib the act, with regard to ‘‘culture,” 
down and sowin and ‘sowing with grass and other eae 
and eeseelally under the provision which entrusted them witl 
‘the general management of the common plot as should appear 
to them most proper for the advantage of the persons occupying 
the same;” to cultivate the allotment in gardens in conformity 
with the wishes of nearly the whole body of resident freemen and 
widows having rights upon it.—Mr. Bethel and Mr. Phillips sup- 
ported the Ste but were not called on to address the 
eae —The Vice-Chancellor said, he entertained no doubt upon 
e legal question, and therefore it was the duty of the Court 
inter! fere by injunction to preserve the property until the 
Hon: cae then read the recital of 
freemen on the com 
mon fields, declaration that rafter the allotment by 
the commissioners in lieu thereof the right should cease; and 
observed that the obvious meaning of the Legislature was to 
take, away certain pict of land from the freemen and free- 
men’s widows which they formerly enjoyed rights of 
co! omen and to give them a piece of land in lieu thereof, over 
which tl hould coptinge to sae cise a right of pasture. The 
clause ane to the oak-rails a: ditch, with which the allot- 
= 
fence itin such a wa te 
sie right of pasturage. And looking at the other parts of the 
t, His Honour thought, that generally speaking, it had by 
ciently shown what w: 
matter, and especially pin the powers given to the d 
consider the allotment as a piece of land gi 
freeman his right of pasture which h given up. The only 
question. was, whether this SIGUE of land could be Jegally 
used for garden-grouni Act rliament enabled the 
deputies to make rules al facile ions for draining, stauedines 
culture, sowing, cropping, and disposition of the crop, and laying 
down and sowing with grass ani eds the allotment to be 
de. But the whole of the Act must be taken together ; “i 
the latter section meant, that if there should be a cropping o 
disposition of the crop, filellaitd-qanitor be ROUISINedo wie atGINe 
x for pasturage. The ‘‘ sowing with grass and other 
seeds”? might be applicable to sowing with clover and barley, 
but it did not mean to apply to such sowing as would render the 
ground unfit for pasture; and if the deputies would point out. 
some certain mode of garden-culture, by means of which, i 
crop were taken off the la! Hie it would still be fit for pasture, the 
Court would listen to their case. Attending to what the auenh 
was, as defined by sheidental and express words of the A he 
was Shi orien the Lepiyettre never intended the land Se be 
used as garden: ny new method of culture could be 
Nieeusted | from the reading of the Georgics at Leicester, to show 
that the land would not be destroyed for pasturage, he should 
be glad to hear it; t present be felt it his auty to continue 
the injunction, with some slight alteration, and refuse the present 
application wit 
peepee —(Custom House Frauds).—The At- 
ons indi Gane ul v. Dean.—This was an information filed at the 
instance of the Customs Department egy the defendant, “i ho 
ud Co., foreign silk mer- 
chants, carrying on an extensive pusibess in Watliv etree ‘. 
The proceeding was founded on the same transaction which 
formed the subject of an information against Mr. Candy, which 
was tried at the sittings after Easter Term, and then reported in 
this Paper. The evide 
Jury returned a verdict for the Crown, damages 2,009, 
RT OF COMMON PLEAS.—Gregory v. the Luke of Brunswick 
and Another.—It will be remembered that in February last the 
bills of Covent Garden Theatre announced the appearance of 
Mr, Gregory, the proprietor and editor of the Satirist newspaper, 
in the character of H 
in thet character on the 
eo steoene the 
cortain was dropped at the end of the second act. 
ose of Wiseine thy Gh 
account of feelings of anger they entertained towards him for 
certain articles published in ee Satirist, and he auusequently in 
stituted this action against h: os ‘. lance, his 
ae ito reco 
— ned in consequence of bemg veprived of the oppor- 
tinitys a exeausings the profits HS) he expected to obtain from 
the calling of an actor. The c 
Anis nave nothivg to do with the pi 
act chy rjeant Talfourd replied fa @ powerful speech, 
addressing himselt particularly to this doctrine, and declaring 
that the epupeson to Mr, Gregory’s appearance arose not from 
conspiracy, but from a strong public feeling against him as a 
libeller for fie The Lord Chief Justice summed up, and the 
Jury returned a verdict for the defendants. The result was 
eceived With loud cheers by a crowded Court, which the Chief 
Justice suppressed, Wea 4 the parties to recollect that they 
were not then in a theatr: 
CENTRAL CRIMINAL Cote Giuseppe Az: udeh a convicted 
at the last session, under the commission, of the ul murder of 
Rosa Sluyk, a Dutchwoman, at Smyrna, was sist at the bar, 
An interpreter having been sworn, the clerk of the arraigns in- 
formed the prisoner that he had been found guilty of the crime 
wilful murder, and asked him if he had anything to say 
PERLE pentence of death was passed on him. The prisoner said 
that there were witnesses at. SERN Ee) could have disproved the 
charge against him, but they were not allo 
Baron Gurney said that nosuch intimation had been made upon 
his trial; had there been, it would have been attended to, His 
counsel had upon his bie takenan objection, on the ground that 
his case did not fall within the provisions of the act of Parlia- 
ment under which re! jad been tried, he, a mona eee 
having giuealies ‘a murder in a foreign country, on a person 
who was not a British subject. He (Baron Gurney) had reserved 
the case “for the consideration of thelearned Judges. The Judge: 
had met and had considered it fully, and they were all of Pelee 
that it fell within the statute; the objection was therefore over- 
ruled. He (the prisoner), @ ‘British subject, living under the pro- 
tection of the British Government, was subject to the laws of 
Great Britain, andhe - 
ne] Sa earge elo 
murder 
eee of death was then pass assed. 
dW, Cornelius Fuller were indicted 
tr eee eeiaionie Ttctee a plate-chest, value 2/,, con- 
asa 54 silver oP ae eae 3541.,a dozen plated plates, value 
121., a quantity of sil: orks, a silver sy and other articles, 
the property of the lated Wore Fitagerald. ‘e were nine other 
counts in Steg nictnent oe the property oe other parties. 
The particulars of the case have already n given in this 
ie any aHaTeiCtaT” evidence was that ae aman ni 
10 was well known as an attorney defending ow 
ctaeeed "ith what are called ‘“ put Ss fe, deere who was now 
confined in prison for debt, and on w! wse had called in 
his Lordship’s gig at the prison, and asked I ech if he could recom. 
mend any one whe could dispose of some platefor him. Dignum 
had answered that he knew no one who could be trusted in such 
a matter, and advised Howse not to attempt it. Howse, however, 
© make some provision for himself. 
acquitted pales Mr. Baron eater ie preceeded to pass 
sentence. e said, that after a 1 id patient investigation, 
the Jury ha a been peur es to find itn guilty, and he mustsay, 
that of aut the ca alogue of crimes of a similar nature which he 
et with, he considered this the worst. The sentence 
of the Court upon him was, that he be transported for 15 years. 
case nearly parallel with that oi 
tragedy, which took place some years ago, 
the consideration of the magistrate at Qu 
orning, attem 
ad Tis daughter, an infant of two years of age, and al: ee te 
destroy himself. It appears that he has for years Ribot 
Se under an impression that he would, sooner or aber, 
ie to poverty, and has, under that dread, twice before 
attempted self- entation: years since he was 
observ: 0 be in a desponding state of mind, but apparently 
harhiteade One morning he was discovered in the water-butt, 
which was nearly full, his head downwards; and when got out, 
was with difficulty he was brought to a sense of conscio! 
e has from time to time declared to his wife his determination 
A destroying himself and children, and thus prevent the pos. 
sibility of tele ever coming to want. Monday, he attacke Lina 
his wife an n with an axe, fractured the skull of the boy, 
and sear injuring the others. est 
mooie Hospital, and are likely to recover. 
remanded for further inquiry.—Another case of the same 
on but attended with fatal renal occurred at Greenwich on 
Tharsda: man, murdered his wife, 
and afterwards destroyed himself Fe cutting his throat with a 
razor, He had for some time been considered to be insane. 
SPORTING. 
Races, FRIDAY. atid Dinner Stakes, of 400 
or three-year-0! 12 eae ae Wreford's ¢ 
ne Bay aetalaeh out of M eruatiina, walked o 
The Wokingham Stakes (second elas); of 5 Tavs! 
quarters of the New Mile, 15 subs. Lord Chesreraelate pilven, 
4 yrs, Sats veat ord Exeter’s stuto pee 7st dibs, Mr. King’s 
D y t Qlbs, and six others. 
A Plate of oe given by the members for Windsor, added toa 
of & Sovs. each : two-years, 7st; three, 9st 2lb: 
Allies and geldings allowed 3lbs; the winner to be sold for 2004, 
quarters 8 s, ‘an ile. 7 subs. Mr. Braithwaite’s 
Gaiety cy Touchstone , beat Lord Exeter’s Antidote (Galata 
colt), 3 yrs, Mr. Boo oth’s 's Bonny brook, 3 yrs, and three others. 
The Wok coi ae Stakes (first class) of 5 sovs each, 15 sul bs. 
Mr. J. Gari 's Dromedary, 6 a 7st 11b, beat Lord Exeter’s 
Wee Pet, eet 6st 12lbs, Mr, M. Diliy’s Temerity, ani 
Sweepstakes of 10 sovs each, with 30 added: for three-year-old 
colts, 8st 71bs ; fillies, 8st 3lbs. The winuer to be sold for 5002., &cs 
Old mile. 5 caus Mr. Stephenso: on’s f by Gladiator, out of 
Elegance. beat Mr egson’s pares tytn and three othe 
The Selling Stak h 50 added : three-year- 
aye paula 
once this year, 3lbs ; twice, 51b e: second to receive 10 
i The ares £0; be sold for 150 sovs. 
cott’s Windsor, 5 yrs, beat Mr. Pettit’s 
Ends and Odds, Mr. Seanicouru's c by Glaucus, and 4 others, 
MARK LANE, Fripay, June # 
arrivals of English ‘Wheat since Mond: 
weather, our prices have declined 1s. from that day. In Foreign 
the business has teen very limited, and in some instances 1s. less 
has been taken; the fresh arrivals of bonded are down 28. per qr. 
Barley, Peas, and Beans rem: is on Monday. The Oat-trade is 
firm in prices, but not much business doing. 
BRITISH, PER IMPERIAL QUARTER. & 
MUN) Bees , Kent, and Suffol + + White “ e 2 Red wt 
Norfolk, nee Yorkshire. . 051 Whi O— 
Barl Malting und distillin 25 tnd Grinds i to 36 
Oats, ‘Lincoinahire vand Yorkshire. Polands 18to $3 a 
rthumberland and Scotch « ..”. Feed —to— Pota 
Lean aera! aE 910 i8 Potatold to 32 
- 27 Harrow 23 to 81 
Longpod — to— 
There have been but few 
lay, Pe in Sopseunenoy of fine 
t di 
Beans, Basagea n, old and new . 32'to. 96 "Tick 
ON + 28to24 Winds, 
Peas, White i saoss Maple 26to Grey 27 toad 
WEEKLY IMPER; L AVERAGES. 
[ane Marley. a | Rye. | Beans.| Peas 
May 12 3 20-2) 26-8 | ag- 
10 ahacceele ag 3 Fd 3 iy 29 3 | 2610 | of 
5 47 9 |297 5 ar| 20 2)) 27 4] 2910 
. 4711} 27 8} 18 0| 30 8"| 2710} a) 1 
anes 48 87 3| 18 5] 30 S| 98 8} a9 7 
4811} 27 3 60 29 7 
Gweeks’ Aggregate Aver.| 47 9| 27 ol 711 11 | 3910! a7 7) 2 2 
Duties - 2% 0! 9 0| soln 6) 6} iG 
GAZETTE OF THE WEEK. 
y ee agit TOW, feria si 
er: 
Napper Ty 43, “Upper 8 
0, Jermyn-street, St. sarner a allie Bartana Wood sire, ‘Gieae ae 
<warehouseman—J. Rowe, 7p Blanoford s street, Mary! jébone, iron: 
Li sgh )-bro! ker— cua — 
Water 
—J. Mee Welling boreunh: ae = 
sk, Dundes f ownknOWs,. Lanarkshire, 
apnea MA 
BIRTHS-_On e 21st inst. m-p) Belgrave-square, the 
Hon. Mrs. Hamilton, of a ot in the toch ats at eibity Lodge, near Edin- 
Lady Campbell, f Ardnamurchany of a son—On the 17th inet, 2 
ela sah ite the iad of neers Sir H. Bethun 
har, 0 
a Oa tae ae “relchee, Higby casa " srg ene Esq., Treae 
turer of Highbury College, aged 78 
