The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-08 00:00:00

ftight ginetelort, beinghlettl..tssslegh
accitipt happened, the defendant, owing telloeoe paving being
Ake, up in Cheapside, which stopped the way, was obliged to
etre tate from the usual rood and to go up Bucklersbury. A gen.
demote, be,the name of Amos, Governor of the-House of Comer-
ton it Liverpool, who was on the coach, while liateeeding to the
Bank, spoke to the detendant, who, instead of giving him an in.
to ligible srswer, grumbled something which induced !dr-Amos to
'be levy he wet drunk. As the coach was coining froeathe Post-
ogice. -snd was about to turn round Charlotte-row lied* to
Bucklcrsbury, the coechwhed went upon the foot-pith, and the
91)98w-heti smock against the corner of the beteses t the defendant,
instead of heeding off the horses, thought proper to begin whipping
• one of them ; the horse plunged, and the catch immediately over-
turned. Mr. Amos, who sat on the top of the couch, was thrown
teeter :he wheels, and sustained such considerable injury, that he
was detained in town Ihr emend weeks, by which he incurred great
. eapenre in medical attendance, besides suffering so much, that it
was doubtful whether lie would ever entirely recover from its
. efliete An action was threatened to be commenced by this
t gentleman against the present ekintifth, who, consideriug the
circumstances, thought it advisable to compromise the matter
by paring to Mr. Amos tee sum of 4001. Now, it mu.t be
well known that bad the matter been brought into that Court,
where the whole of the circumstances would have been laid
beige a Jury, a much larger sum world hare ban given, he-
4,=athe heavy costs that would have been incurred. The plaintiffs
*ware:that thee poor man could not pay much, but, as he had
Meow observed, the action was brought to set an example to that
'edam ornien to whom the property and lives of others were intrust-
id, and to do away with the erroneous notion that prevailed, that
tweenie arch an action had been neglected to be brought for many
yams, ottereline the coachmen were not liable. By the map which
he held in his heed it would appear to the Jury that if the defen-
d .a; had et the time the splinter-bar amuck the house, held his
hones elf, the accident would not have happened. lie had there-
-elide to it show that was entirely by the defendant's own careless-
aed hetoometency to know what lie was atom that it occurred,
...id when he had done this, he should have entitled the plaintilfs to
their verdict tor the many paid billion to Mr. Amos.
John Abatis =muffled. by Mr. MARRIOTT—Was and of
the Liverpool mail on the 2d Juan, 11323. lie knew John Bos-
wove the defendant. Boxwood drove the mail from Lad-lane to
Finehley, or further, till he met the other mail. Witness did not
air d:e night in question go with the coach to the Post-office, but lie
tdilkui and tea the catch there, and assisted in getting the mail-
hags. IIiOrsOIKI, in consequence of the pavement hieing up in Cheap-
side, was obliged to go up linckersbury and round Charlotte-
row, and .to return the same way. "hen the bags were
put into she box, the horses went on steadily. An inside
revenger desired him to shut the door. Witness called out
to the defamlain to atop, and while he (witness) was shutting the
eon., defendant turned round and said be was going back to Lad.
lane..fem ere hail left his way-bill behind. Defendant then went on
rend drove to the end of Charlotte-row ; he turned round the Man-
ionAlonae, anti he was glad to see him go round with such a
sweep,and thought he would hare gone straight into Buckleesbury,
lete, uratead. of that, the horses went very gradually up to the pave-
ment. Witness thought this was owing to defendant's being tipsy.
*the wheel went on to the pavement, and the splinter-bar touched
the boner of the houses. Nothing was in the way to cause this.
V.:hen the splinter-bar touched the corner of the houses, witness
*ewe convinced that defendant might have stopped the coach, but in-
deed of thee lie whipped his off-wheel horse ; the consequence
was, the hem plunged, and the coach upset on the near side, being
thee:opposite edge* that where the wheel watt or. the foot-path.
NC-imam remembered Mr. Amos an outside passenger. When the
wosswr recovered himself he sew that the coach had fallen on Mr.
Anow's thigh*. it'itnees wed of opinion, when the decanter-bar
•ouritell the hooves. defeudanteught to have stopped. The reason
he thought defentituit was drunk was, the manner in which be
ewe. when lie looked rand to him (wheats) as he was imitating
the e rich cher. lie heti known defendant eriwe the coach three or
tout lie and had heard that he had been a coachman before
tic.
cross-examined by 31r. Bnoennaw—You me yon had known
tident,entetto or dace months before the accident, and how long
ntt
\l'itness--WbOkro or three weeks.
lt•was a very had Might, war it aelAS—Yes.
The Loan CHI EF7:!sfiCE—Wirat o'clock was it ?
114Iteso—About eight.
Mr. 13aottet HA3l—Well, It was a very bad night—very wet f—
ur" not the coachman rnefied up to keep out the wet ?—I don't
, • krinw.
wouldaot the defendant bevelled to have gore up and returned
front Jeucklersbary even if he had not left his waybill hehind ?
Vat.
Hid gnu any conversation with Mr. Waterhouse on the subject ?
Yes I lie asked me how the accident happened, and I told him it.
wag beaux the combo:au wit' so drunk that lie did not know whe-
ther he was on his heat we hi 4 beets. '
When you said that, did not Mr. Wettlflinfse 'eerie was
very odd, for he bad seen his Iran a qaarteretrefi Issue before ?
Yet.
Ais there not many. other Ecntlemen besides Mr. IV eterhouse
and Mr. Brotherton concerned in the Liverpool mall ?—Yes.
- The Loan CHIEF JusTlct —But as there ere other persons
interested in the property, ought they not to have been joined in
Ifs action?
Mr. SEMMES-I—My Lord, as all or any of them were :Wee
and bound to pay Mr. Amos, and the plaintiffs having done so. I
submit that they were not bound to ask who were interested
with them when they commenced this action.
Ii LOIrD CHIEF JESTICE—Very well : if there should be
V thing In this, you shall have the benefit of it, Mr. Creughsm.
A Juryman asked witness whether he saw the near Trader
plunge?
triteess—l did not.
Mr. Amos examined by Mr. SCATILEFF—IS Governor of the
House of Correction at Liverpool. He got on the coach at Lad-
lane. la the front just behind the coachman. Having seen a fine
hot, in snottier mail-coach plunge considerably, he asked de.
Lard ant whether the horse had sustained any injury, hut he did-
not reeeve an intelligent answer from him ; and suseecting that he
was tett sober, witness asked him another question, to ascertain
whether he was so or not ; and by his answer witness was eatistial
that he was not. There were two other mails passing from the
Posted:Hee before this, and went safely. Defendant went from the
l'ost-othee at a slow trot. As he was turning into Burelersbmv
the leatiere went properly to the left, but the wheelers pulled to the
right, so much so, that they were at the right side of the leaden ;
by this time we were upon the edge of the pavement ; the defend-
ant then immediately whipped the off-wheel horse, and the
splinter-bat struck agninst the houses ; the accident instantly oc.
curred there was time for ddendant to ',eve pulled up and
stoppe;d. IVhfuee was confined nine weeks in London, and should
never entirety recover from the erects of the accident, as he had
imt pert of the bone of one of his legs. lie thought he had ex-
tnded about 3851. in consequence of the accident. He brought an
actin" eoeinst the present plaintiffs, which was compromised for
etee- He received that money either in the Christmas of 1823, or
early in 11121.
• Cross-examined by Mr. ALDESSOII.—When witness put the
ere:tons to defendant, he was sitting opposite him. The coach
All rot in motion at that time. The lamps were not lighted. The
comet vent very safely to the post-office. Defendant whipped the
off-lauters. Witness did not understand driving, and could rot
ty, that if the near leader should go forward, and the off-wheeler
ibbed, that it would produce such an event as the accident
described.
Ale. Sc AttLETT-1 suppose you know sufficiently well that
then a horse is whipped it will go on, and when it is pulled up it
will stand still?
IWitneett--Yes. _ .

Wm. Hughes, an outside pa sager, W3S next examined, but
+ptak to little beide% the fact that the coach was us crturned.
Cross-examined by Mr. BROUGIIA3I—I think, as well as 1 could
hear you, that you saw nothing ?
Witnms--Eh ?
Mr. Baoronax—Why now you hear nothing.
The Lowe Celtics Justice—Why, Mr. Brougham, I think
, as you say.
Mr. Be ot•GfiAal—Suppose the off leader was to go on, and the
near whe ler was to gib-
14%trees—I don't understand any thing about it.
Mr. 83017011 A M-011 then, suppose the front horse—that's
• what we call the leader—was to go on, and suppose the 11, nit er nurse,
that's what we call the whaler. should go back, that's what we
• • cal! gibbing, should you not whip the hinder horse ?
• ti itness—l should whip them both. (Laughter.)
Dr. LAS rence, examined by Mr. SCAILLZTT—He attended Me.
Amon in London on the 13th June, both his legs were swollen,
end some portion of the flesh was inclining to mortify. There was
a rrest discharge of master, and the inflammation appeared to have
'dictated the bones, and stile,equently part of a bone came eat. The
last time he saw him was er. tine 3d of July--his leg had then ct.n_
side:ably diminished, e-ti his fever had abated, there could be
a no s'eubt that there wrinitl he a permanent injury.
Wm. Lyall, surgeon. Liverpool, was examined as to the state of
Mr. Alma's health, while he attended him.
Mr. BnouilHAN addresses' the Jury ea behalf of the defendant.
'rimy would see that no rains had been taken by the defendant to
contreallet the facts that r. very serious accident hail occurred, and
•-:that Mr. Amos had been a great sufferer. Nor did he mean to
• men:teat the statement that the plaintifii had paid 4001. to that
gentleman. These were points to which lie did not think it
material for his client to advert. But the defence lie Lad to make
was, that be it there was an accident, be it Mr. Amos had suffered,
and that the ptesent plaintiffs had paid him 4001., why the defence
was, that fflassrs. Waterhouse and Bretherton ought to pay it;
that sae money ought to come out of their pockets ; and that the
defendant had not anything whatever to do with it. \flaw
had the evidence of We plaintiffs proved ? It had proved that the
wheel went on the pavement, and that the coach upset. And be.
came of this, the Jury were forsooth to lam that it was the drun.
kenneita of the defendant that had occasioned it. But what did Mr.
Waterhouse himself ay? he who, after delaying the matter
so lar e, came at last upon this visor defendant. It'hy, be said
,to his own guard, who had told him that the defendant was so
.drunk that he did not know whether lie was on his head or hie
heels—he said to him, "How could he be drunk when 1 saw
'him only a quarter of an hour before." The night was wet and
dark, and both the guard and coachman muffled up, says one; the
.road bad and blocked up, says another ,• and yet, in opposition to
thia„ and to tile admission of Mr. Waterhouse, whose duty it
wax to know whether the defendant was sober or not. the Jury must,
in the face of all these circumstances, believe now that he was
drunk. The pavement, it would be observed, had been taken up but
a few sights Wore, and the horses consequently quite unacquainted
with the road, what wonder, then, that an accident like this should

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