The British Press; or, Morning Literary Advertiser.
London, England, 1821-04-02 00:00:00

SUSSEX LENT ASSIZES,

• iligdmi Mr. aIMINIP WooD. oirt
• -'1•3o Pt • yy 1841
- • lioasuAti, watcn 26.
CIVIL iIDE.—CARELESS

IPariVIP. RIDDLE.
This was a special a/oo* on the case against the
Defendant, for ritling-hishorse with greet violence
against the Plainbirs wife, and forcing her 011 the
ground, in'cosistquence of which she became great-
ly injured in dire person and health, wherthy the
.Plaintiff was pat to great expense in her necessary
,cure, end lost the comfort of her gorier', for a long
-space of time. The Defendant pleaded the general
:issue—Not
• Mr. Guatsee stated the case. The Plaintiff
complained of a grievous injury which his wife hail
sustained, in consequence of the gross negligence
of the Defendant in riding hi. horse ; and of was so
he hoped that the result of this raw, would have_
a beneficial effect, in correcting that carelessness
and indiff:rence which was but too trequeidly
exhibited by persons riding and driving at a fu-
rious rate through crowded streets, to the Muni.
nent peril of their fellow-creatures. The Plaintiff
wasat revpectable tradesman its Loathe.). In con-
sequence of an attack of rheumatism in one of
his wife's wrists, he had, in the mouth of July
last, taken her clown to Brighton for the benefit
of sea sir and hathitog ; and having placed her
in a lodging, with a young fend; fit...o, in
Griot Russell-street, ;tear the West Cliff, re•
turned to London. On the evening of the 28th
of July, Mrs. Paul was returning fnitts
walk, with her young ft icor!, and was erossing
the street in which she lodged, being then only
few puree from the door of the house, when
the 13efroulant on a horse rode at arrapid pace up
the street, turning short lit the crosiers the street
being narrow, and before she lathes rout., get out
of tide way, rode against, reistated, trod knocked
them down, he continuing his pace up the street
without stopping until the epertatorri cried our,
" Shame ! shame! The fellow ought to he knocked
off his horse." The ladies, were immediately take.,
up, and Mrs. Paul was carried in strong hysterical
tits to her lodging, and medical advise being sent
for, she was immediately ordered to lie put to bed.
In a few hours her fits turned in all alarmingleli-
rium, and before morning she bad all the symp-
toms of confirmed insanity ; so much so that she
was submitted to the restraint of she strait waist-
coast, in which it was found necessary to cos.fitte her
for several months afterwards. At this time she was
advanced in pregnancy of her first child, and at she
time of parturition was in a state of confirmed lu-
nacy, which manifested itself in venous ways. It a as
true she was sensible that she had become a mother,
but so disordered WIN her mind, notwithstanding the
tender iuf arncr of such a tie, that she ordered her
infant to be thrown nu the lire. and finding that
her orders were not complied with, she jumped out
'of bed, tend probably would have sacsificed the
child had she not been confined by the waistcoat.
Fur •ix long months she labaseted under this dreadful
infirmity, until. happily, the great skill of het ph_j•
eician sod surgeon restored her to sanity and te,,a
state of comparative good health. This utifortunalo
transaction, and its melancholy consequences,. neces-
sarily subjected the Plaintiff to enormous expense.
His original intention was to leave his wife only for a
fortnight at Brighton, hut it was found impossible
to remove bet omit site was restored to health. Ilia
business required his plesesice iu London, but the
natural anxiety of a husband under aunt circum-
stances required that he should visit his wife at
least once a week. *Else expenses of travelling for
this purpose justly formed one of the iteina of ac-
count against the Defendant. in addition to the
charges for extra nurses, medical advice, lodging.
&e. the whole of which antouoted, at a moderate
calculation. to the sum of three hundred and eighty-
four pounds', for which sum the Plaintiff was enti-
tled to a verdict, betide a compensation in damages
for the loss of the comfort of hie wife'ssociety during
her long•peotrected illness. Ile was at a lota to ima-
gine what defence could be offered to the action. The
llefetsdasses own conduct at the time of the ac-
cident manifested a degree of indifference scarcely
credible of any man under entailer eircunistauces,
sun evinced u consciousness of misconduct, for
he did not attempt to stop until the spectators
cried out "Shame !" at his improper roe of
• BO his subsequent want olsympothy:ia the
sufferings, in scarcely deigning to,isujuire
after her health, was tolerably strong proof: of. inn-
proper conduct. It would be proved that _when
spoken to by a. friend on the subject, lie said it was
It bad job, and acknowledged that lie was in fault.
Under these circumstances the case was scow pre-
rented to the Jury, who, oo doubt, would do the
Planta that justice which the case demanded.
.Miss Elizabeth Mary Bevern, a relation of the
Plaintiff. deposed to the following effect :—The
Plaintiff is a cloth-presser, residing in C..leinaii-
overt, London. In July last be left Mrs. Paul
and myself in lodgings in Great gussell-street,
Brighton. Witness then proceederlmtdeseribe the
' circumstances of the injury and ile•ponsequeucee
as stated by Counsel.
Mr. John Williams was at Brighton in July Jest ;
1 pin the Defendant riding at the rate or eight miles
an !tour; he was illrllll% rouud the corner of
Russell-street, and in a few mitiutes afterwards he
perceived Ilse two !edit., on the ground. •
William Nicholls examined —I am a stableman.
In the eve:snug of the 281114.1Ju1y hurt I was stolid-
tog at the corner of Great Russell-street, Brightest,
with Iwo other !tenons, named Hobbes and Mlles,
and I ow the Defendant riding round the corner
of the street, at the tate of beta coo wren sod eight
miler an hour. Instead of keeping the horse-road
its turning routid the corner, lie struck across the
footway, and I was obliged to draw back quickly
for fear he should ride over me. I saw the heft
shoulder of the galloway come in contact with Mrs.
Paul, mid knock her down. Miss Ilevern stumbled
against the railing of a bowie and f-11. It was im-
posoble fox the ladles to got out of the Defendant's
way from the manlier of his turning the comer.
Upon the ladies being knocked down. lie went on
40 yards before he could pull up, and tneis he
Welled. I called out myself to hum, and amid lie
ought to be ktrorked cff his horse fur 'idling so fast
tumid the corner. I picked the lady up myself,
and carried her into the house. She was in hyate-

tics, and I held her. I had seen the Defendant
several times berme on the same noise.
Cross-exam/N.61.—1t was a horse shout 13 hands
high, and stood at livery at the Nelson Mews, it,
Great Russell-street. The horse's shoulder towels.
ed the lower pert of the lady's shoulder, aortal,*
,fell upon her left tide. The man nansegl MON'
Mist via. with me, is gone to sea. ~..:11,
1 ;Abraham Hobbes, exam/recd.—l live at Brighton
On the 28th of July, in the evening, at eight•
141
'clock, I was standirig with the last witness at the
corner of Great Rnssell.street, and I saw the. De-
feudint riding roitaid,the corner, at the rate of eight
miles an hour. lustre(' of keeping the horse road,
lie made u sharp turn over the foot pavrtnent. I saw
the ladies knocked down. They could nut wan.
bly get out of his way. 1 bold him he ought to be
knocked off his horse for riding so fast. 1 went tip
to assist the ladies. The last witness and I cowrie('
Mrs. Paul to her lodgings. 1 dill not go into the
house. I saw the Pl.iiihrt's attorney Lot Satur-
day, in coast (pence of an advertiseineet its the
pa pars.
Mr.. Mary Griffiths, of Great Russell-street,
Brighton, plover' that the Plaintiff paid her 39/.
7.. 61. for Itelgingo, during the time of his wile's
illileas.
Mrs. Sarah Pengrce, prover! that the Plaintiff
paid her ten guineas fur -nursing his wife, during
pelt of her illness.
Mrs. Oxouboll, a monthly nurse, attended Mrs.
Paul thirteen weeks, and received bum the Plain-
tiff fifteen guineas.
IVlr. Put. a surgeon .of Brighton, proved that
the Plaintiff paid himself and portlier 74f. for in-
tending hi. wife during her illoess.—Cros.-exa-
mined. Witness had learnt that Mrs. Paul's mo-
ther was subject to mental derangement durieg
pregnancy. It frequeutly happens that ladies in
that state are liable to derangement, particularly
from any extrinsic exciting cause, huwever trifling
A prick of the huger will produce that elk'',
where there is a predisposition to ',fissility, I
hereditary taint. Sow no marks of external sin
'nice on Mrs. Paul's person. •
Dr. Gibney, of Brighton, received from the
Plaintiff 441. in fees fur attending his wife, which be
did daily, and sometirms twice a-day, during her ill-
ness, which was decided insanity.—Cross-examined.
Did not learn that the lady's mother was so afflicted
during pregnancy. Insanity is a very rare occurrence
in midwifery clues. lie never knew an instunce of
it, merely froni that cause. There was iro appear-
ance of external violence on Mrs. Pour,' person.
She ass not recovered from her *mental disorder
until lung alter parturition. She got well very
slowly.
Ilene the cote for the Plaintiff closed.
Mr. NiAItitTATT addressed the Jury with his
usual ability, on behalf of the Deferirlant, and
„endeavoured to show that his client was not the
immediate cause of Mrs. Paul's malady, which be
suggested must be attribute.' to hereditary mad-
sites, operating upon the state of her frame during
pregnancy. There was no Kea of externet vio-
lence on the lady's person, and therelOre her falling
must have arisen from mere fe bbb i t line fear, without
any adequate physical cause. It was quite clear that
the reckoning against the Defendant woe greatly
swelled, mid the Jury must be quite satisfied that
he was not at all 'noble fur many of the items of the
account brought against him, lie was certainly
not the cause of the lady's pregnancy, and she
would certainly have been brought to bed in slue
time, notwithstanding the misfortune imputed to
the Defendant. So far then as the case went in this
respect lie was not answerable; for the Plaintiffeould
not compel him to beer the expense of any part of
his connubial joys, or their consequences. lir all
rectos, the Jury would look with a strict eye' to
the account. sod give such moderate datuages as
would inertly satisfy the justice of the case.
Mr. Baron Wool) charged the Jury, that the
Plaintiff had clearly made out a claim to 3941. fur
special damage, if they should be of opinion that
the Defendant had hero guilty of the tortuous act,
imputed to him. Ile was also emitted •to tonne
thumps upon the allegation per quod consortiums
andsit. .
The Jury, after consulting together for a few mi-
,
nutes, found a reedit... for the Plaintiff—Damage,'
3001. Cobb', 405.
. ,
- •.
KENT hpror eISSJZES.
Bel

Vora the LORD CUM, IllAitori and a Special
Joey.

• CHATHAM FIRE.
COWEN V. MASER.
- This was an • tictioss-of trespass for palling down•
• two-hituns. in order to ship the progress of gene-
ral conflagration. The declaration stated, that the
Plointiff, being possessed of two leasehold nies-
stiages. by aineignment, for 21 year'•, the Defend-
ant demolished, pulled down, and destroyed
the antic, without leave or license, to the great
damage of the Plaintiff, who, by the covenant of
r the lease assigned to him, was bound to. repair
• and upheld the renting. mid pay rent to the so-
. 'tenor landlord,"duling tire• time of the demise;
and to his (anther damage. by Inas of the rent paysble
to hie by his yearly sub-tenants. The Delendant
I. pleaded the general issue—Not Guilty.
• Mr. Srrjeaut ONSLOW stated the Plaintiff's case.
The Plaintiff was a person of substance, residing
at Chatham, sod was the owner, beside other put-
petty. of two leasehold houses in the-High-erect
of that town, which were underlet by Nita to two
yearlyresiants, named Wray and Lucre. The De-
fendant was a man of considerable wealth and re-
spectability in the same town, and by business sit
architect. No blame was imputable to the Defend-
at( as to the motives which induced him to com-
mit the act of which the Plaintiff complained,
because it must be admitted that lie acted tinder the
impulse of good feeling at a time of general con-
sternation ; but if, from want of due caution, or
the exercise of a amend judgment, the Plaintiff sec-
tanned II grievous injury, lie had a tight to enforce
his .legal remedy against the immediate author of
that injury. Ow the night of March 3, last year.
a dreadful fire broke out in the house of a baker,
in the High street, Cheatham, on that side next the
Medway. At that time the waid was blowing very
strong from the north. and in a very short tunic the
flames consume* the house in which the fire COM.
mewed, and esusing thst street, de►troyed a great
many other hoed& kosuristodOrs which fell a
s-. .tea u.. - - • • ,