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London, England, 1825-01-08 00:00:00

tree happegoir Hut, na would RIO, eaolollol twa sari aser a..
all this caul have taken plice without anteing the Inference
which his Learned Friend was desirous they should .do P.—Did
not the evidence prove, that when the off-wheeler gibbed, the de-
fendant did that which any coachman would, under similar circum-
stances. have done? The witnesses hail told the Jury that the
leaders turned correctly, and when they had done so the of- wheeler
immediately held hack. The next thing, therefore, which the
defendant had to do was, to whip that horse, and be did it • but,
unfortunately, at that mtiment, tie near leader halted, and,thlts the
accident occurred. Besides, there was the old Cambridge maw ia ,
that coach—a mare which hail caused several accidents before, swims
only, so. but several since, and yet this mare was suffered to set
that mail. But how did they treat this poor coachman ? the,
not tarn him away—they continued him to his office, sail 100
notwithstanding rill these friCtS, the Jury were told that the iiillw.
dant was so drunk on the night of the accident, that he gli"
know whither hestood op hls head or his heels. The truth
tbkactiaa was a mere alter-thougnt. The mail, too, was a m
brostas•Lused for all purposes and tin all occasions ; whethei
a new hors: was wanted to be trained, or a coach to he taken to re-
pair, this was the snail that was in request ; se much so, that it
was known by the name of the break-mail. He should prove that
many other accidents had happened by it. As to the sum paid by
the plaintiffs to 31r. Amos, he did not complain,—it was ma,
too much, and the costs could certainly not be heavy, far panel
generally, for conch accidents, claimed 500/. lie should now pH
his witnesse:. and. having supported his statement, he should wit
[ down assured that the Jury woad protect this poor mate I
1 prison.
John Holloway examined—He worked in Mr. tVaterhOSWO
yard—the leviers were a black mare and a bay one ; the 1111
wheeler was a bay mare; neither of them was the CaMbridg•
Mare.
Mr. A I.ns:lmo:4—Did you never say the Cambridge mare wag
bathe mail ?
Loan Clime JUSTICE—Oh Mr. Anderson !
Mr. SCAR METT—There's an end of slit MOO Om ,
Mr. Ilnouctsast called several ocher • paw I
did not answer, but the evidence of those
only to show that the accident was occasioned by the of
the off-wheeler. and that the defendant did not, when he alloreed
home, appear to be in liquor.
The evidence of 31r. Win. Hilbert, hi-mire', establabilk the
fiat, that the plaintiffs huh only paid their oportion of ellf4lool.
with the other proprietors of the mail, one eff whom witasigion t
and that that proportion, being for thirty-three miles on theists of
road, which extended to 207, amounted to 65/. This, it was con-
tended,
on the part of the defendant, was all that be plaintiffs
could at any rate recover.
Mr. a
pt
in reply observed, that it was very dert m0..._ m
Cambridge mare was ma out of the course, and hp therederragyag.
gent the Jury to put out of their minds all they had heard a
her, as his Leaded Friend had not adduced the least evidence to
prove the existence of inch an atonal. N l'ith respect to the last
piece of evidence, that the plaintiffs had only paid 651., he would
say, that d it should have the effect of inducing the Jury to give a
verdict for less than 4001., it was the worst piece of evidence
which the defendant could have produced, as in tint ease he winild
have ultimately to pay to the different prattlers the sum of 4001.
together with the costs of the different actions which they would
bring. Ile would put it to the Jury to say, whether the guard and
outside pus!. engers, or the companions whom the defendant met on
that evening at the public-house, were better able to judge of his
having been intoxicated or not.
His Lowman r, in summing up, observed, that there could be
no doubt that an action of this kind could be brought against
coachmen by their employers, for whatever negligence they might'
be gudty tif, should any injury or loss accrue to the latter in
consequence. They had beard much about tile defendant being in
liquor at the time of the action, but it was of no consequence to
them whether he was so or not, lie would be equally liable for
the damage that might ensue from his misconduct and culpable
'negligence, whether tipaey or not. As to the amount of the da-
mages, his Lordship thought, that if the Jury should be of
opinion that the plaintiff's were entitled to their verdict. yet, in
point of law, they could not recover more than the proportion of
the 4CO!. which they had actually paid.
The Jury having consulted together for a few minutes, found a
verdict for the plaintiffs—Damages 65/.
TitwATTES AND POSTER V. Sin GREGORY PAGE TURNER.
• The plaintiffs are wine-merchants in Oxford.road. The defend.
ant, in December 1620. and subsequently, resided at 20, Raker-
street. and the action was brought for wine and sphitasold and de-
livered at defendant's house. Plaintiffs porter proved the deli-
' very ; and plaintiffs' clerk stated, that the articles were charged at
reasonable trims. and that Lady Turner had called at platntifli'
office, and admitted the receipt of the account. Amongst others it
contained the following items:-
8 Dozen Madeira - . . - 361.
4 Ditto Claret - - . - 14/.
I Ditto Mountain . . . . 31.
There was no defecce to the action, and a verdict was taken for
the pleintifik for 1631. ids. ".Q.
1111:LAND.
—,..c..--
SP&IONS >4l/*T, GRIEW-STREET, DITOLIX,
JAN. 4, 1625.
'
Becre Mr. Justice Moony. and Mr. Justice VAWDEEEI7I, and
a Common Jury.
PROSECUTION FOR PERJURY.

THE LINO. et the prON —?,l;,n of Me MAIMIITS OF WEST.
=AM, V. DEINMID 31AGLTIRE, and Others.
er.coND DAY.
The Judges took their seats en the Bench a little before ten
o'clock. The principal part of the morning, up to twelve o'clock,
was occupied in reading depositions end other documentary eri.
deuce of the proceedings in the Consistorial Court, relative to the
suit pending between the Marquis and alarchioneu of Westmeath,
instlnned by his Lordship for the restitution of conjugal rights.
Mr. WALLACE subionted to their Lordships, that the case on
the part of the prosecution had closed, that no evidence had been
given against •lits client, Mr. Maguire, and that he therefore was
entitled to his discharge.
Mr. Justice al °oat said, the Court was not aware that there
was any evidence against him, but suggested that the Counsel on
the part of the prosecution should also concur in his discharge, in
prier to entitle him to be set at liberty now, and not await the
formal verdict of the Jury, if they should be of the same opinion as
the Court.
Mr. O'Cotoutra,-on the part of the prosecution, concurred in
the opinion of the Court, ar.d assented to the liberation of Mr. Ma-
guire. - -
The -Jury also concurred in this opinion, and the traverser, B.
Maguire, 1.-as permitted to retire from the Bar.
Mr. Sergeant Gooin appeared en the rant of the traverser Mo.i
naglian.—When he looked around him, and saw the many teamed
persons by whom he was surrounded, he might, without vanity, say,
that in point of standing, he had the greatest experience, and in
the whole cantle of that-experience he did not remember a more un.
irrounded charge of conspiracy than the present. He had witnessed
individual instances of gross and abominable perjury--of great
failure of testimony in sustaining a charge—but never did he wit-
witness so utter a discomtinrre of a cause as was exhibited by all the
wltnwresyeaterdly. The conductof his client was, be fully believed,
coneclennously correct. He lived close to the house of Lord West-
meath, in this county; he had an opportunity of knowing what
was going forward there; he naturally enough became a witness in
a suit in which it was likely he would furnish some useful informa-
tion, but in no instance did he depart from the straight-forward
duties of his capacity of a witness. He had been regularly applied
to by the solicitor of Lady Westmeath. and he assisted in giving
his evidence; but there was no proof of bribery of him, or of any
money baring been expended in this suit, which was not usual and
necessary in similar cases. It would be worth while to attend to
the chronology of this cave. In 1812, Lord Westmeath (whose
ancestors derived considerable augmentation to their estates at the
period of the Reformation, although Mr. O'Connell was now his
Counsel) (a laugh). married a member of the illustrious house of
Cecil. one of the most distinguished families in this country ; she
breoght Mau .4 Ample fortune, and, as had been statetl'hy the
Learned Counsel fcr the prosecution, thrstwitm comasengeti under
the happiest auspices. He (3lr. Sergeant ("Mold) had never seen
her but once, and that but for a minute; she would appear before
them that day, and he was satisfied the Jury, en seeing her, would
recogt.ise, as he di& those traces of countenance which are calcu-
lated to captivate the heart of man. (A slight laugh.) She ties
young, beautiful, engaging, and aecomplished. His Learned
Friend (Mr. Crampton) had said that some slight breezes had oc-
curred between the Noble Marquis and his Lady; he was pleased
to call those differences bitters, but the Jury would bear in mind,
that there were also tempers, which tore up domestic happiness by
the Meta, and tallish deeply embittered the sources of connubial
comforts. Of this latter character, he feared, did those differences
to which his Learned Friend had alluded, partake. The Learned
Counsel proceeded to comment on the testimony as it affected his
client Monaghan. He did act swear that Anne Connell was the wo-
man he saw in the woods with his Lordship, for he did not then
know keg; he merely deposed that he saw a woman there with him,
and that the Noble Lord did not himself, in the course of the
examination he underwent yesterday, deny. Ile further sub.
nutted, that it was not sufficient to prove that the charge of adultery
against Lord Westmeath was made; it was necessary still further
to prove that 31onaghan joined in it, knowing it to be a fabrication,
and of that, be contended, there was no evidence whatever. That
there was a conspiracy he was ready to raimit but the real con-
apiratom were Corcoran (who gave the most dagitious testimony
ever given in a Court of Justice), Sarah Taylor, and Margaret
Shields. The Learned Sergeant besought the Jury not to be too
ranch taken by the specious manner in which the Noble Lord
(IVestineath) gave his testimony yesterday. It is painful, for me,
said the Learned Sergeant, in conchurion; to allude to one topic,
but I am bound by my instructions—instructions from Lady
Westmeath herself to do so. It is painful to my feelings to rate
it—it will be frightful to yours to hear it—it is this:—Notwith-
standing all that has been said respecting the traverser Anne
conned!. Lady Westuteadi has declared, that in a conversation
which she had with Anne Connell, Anne Connell disclosed to hoe
• secret, which it was, her Ladyship declares, impossible for her
to hue known, except through the medium of that connexion
which feints the basis of the present proceedings. This it is most
painful indeed to state ; but to your immortal honour. Lady
Westmeath, be it recorded, that in defiance of your natural timidity,
of your inborn virtue, and -of the delicacy of the sentiments to
winch you have been educated, you have trampled on those con.
siderations, and samitieedaliens on the altar of troth arid justice,
on behalf of an irjured and an innocent man.
' Mr. Doszarr addressed the Cvurt on the part of Teri"' sad