The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-01 00:00:00

road, to TOCCP:CT damages 311501 W Jitf_tig fiLtreatrreat of a hat
blood hone, the property of while .n po.omion or the
demean'. The latter had cidisa apat_the plaintiff for the purpose
of westing with him for the merchant cribs het.c in question, in.
tending it for Isis lady. pow danempeemest hisuself vatiefied with
ttelibegees-getteral appearftnee, and appointed an after-lair, when
his groom was to take the home out, and ride it. (1,1 this occasion
the groom kept the brirte out for ,no boon, Move him along the
Packliogton.ructi towards liattle.bridge,, where, tattling with on.
If the l'aiddingten :tiger. he shied, and owing to the carelessness
and Mob manegernent.of the groom, went down and broke his
knees.. Previous to the injury being received, had given
701. for the nrimal Nowt that, such had been its depmciation
tp,sabie. that. %old at a public auction, it .had not brought more
than It. The shrmetul neglmt or want of skill in the groom
vivid ho.pimed to the jury. wnd it would atm be shown to domt
ev;aoor•• that the tuntnal was perfectly docile am.l tractable.
Tim Iftarre,l *Treat cionelmled by °Witting that as there could
be no doubt Mr. husband. the defendant, was responsible for the
acts at ti . flreqn, he (the bearned sergeant) should lay before the
assp-aha facts as mated, and rely with conlide.ncc on a famoralde
twiue..

r- Plover Isis in the service of plaintiff. Recollected defend-
art calling at his matiter's staides in February last, and treating fat
the purchase oS•tbe•hotse in'qucatien. The groom of the defend.
tint ealkd and At's& the horscout, and after having kept'it oat for
t'wo brottcht it home with its knees broken and in a very bad
*At, The Iscrse was a fine blood horse. and before the accident
•err yaltialk!. :t was tr3c.nitle, not given to shy, . -

1 4.;ross.rxeroired by,Mr. Sergeant N' A V 011 A!‘ h was tweed five
ac. of age. No wits n'' x. Winless had rode the horse; it
raver shied with h;m. lle could Weil/ he had never said it shied.
lie had never told !kook, defendant's groans, that it shied. lie
had.nevev called on the groom. lie had seen the groom when he
called at snme mahles to see a particular friend.
The Loan l'ittry J usr :cr here cantior.ed the wheels not to
d commit himself by anntinuing to give such contradictory and equi-
vocal testimony. _

• Crosa.csarmna(ion eentineed.—He had spoken to the groom; he
wee a Sot blood-horw., and op:cited.
Sa.essaiined by Mr. liergeant TADDY.—The horse was not too
spirited to ride; he bad kelt ride pith petticoats.
Mr. Sergeant VAUGHAN-110W do you kno.v ? Did you put on
to g pettlears ? (Laughter.)
Witness earl-it-led that the horse was intended for a lady's horse,
and they !beldam used him to the flopping of a horse-cloth as a
substitute. He said :kit the horse was rode ones by a Mrs. Jones,
who lived fn e,nstii's house. . _

. - ....
Mr. %Vsiter Wemhwell was then sworn and examined.—He was
a lieurena,• in the Life (kolls. Ile had ofreted plaimilraixty-fire
rumen% :,•r the and knew it well. happened to be passing
itptile-britre ftr the time of the accident. When the animal got
corn with i'•: r•see he started i the groom suddenly checked the
reins, tied the h'irse went down. he thought the groom rode the
k,irse bailie. It appelretl to witness that the groom checked the
?vies to save h'e'relf from being thrown. he havng allowed himself
t. cant 'u: or the qm44lle. Ile eoncoivcd the groom ought to bare
O't tried the ai!ent'on re the lune.

'tom 31v. tia,ge at V AT! GIIAN NITS! did not
shy: h.•s•anad. %Vow, vs conceived that when a horse shied he
jumped out of the rase. . .

Mr. Sngeznt 1%u%; UAW—What, into the fields, suppose.—
( LiughL.)
Cross-exarn!^seces eontinucd—The proem snatched the reins and
puHeil the horre's heart tow7r(l* the sthge, and the hone went down
rn consecrence of has irr his legs crossed.
The I.oleD l !II r JrITICE—If you were going to purchase a
Nese fur a lady, wru:•l rot you try if the hone would start from a
carriage

\Vitner• could not twerwer this question.
Mr. er •rri ?bat the expenses for the recovery of the horse
were 13/. 9•. 61. The bnr.e IFSIS sent tothe Bazaar to be sold.

Rvhert Ila1:r, clerk for tlic auctioneer, pros& that the horse sold
fer 274. 4..

_
.Inderson. son of the horse-dealer in Piccadilly. gave
evidence as to the horse having been sold to the plaintiff by hint
rot 7w.
closed thenlaintirrs cove. _
_• _

' Pls. liergeant VA Von AN. for the defendant, said that he thought
the Joss in.ist tierce wlth him in thinking that him Learned Friend
had wholly rai'.7ti in proriug his case. Mr. Wombwell had men.
bused neglect or a wart o'..itkil! to the defendant's 'mom. rind he
preareti to have ctrelutled that this man was a bad horseman. be-
ehive lie was throne nut of his saddle. But it should be considered
that *groom could hardly,—even though he should have been •
groom ever 'since he 'ls a boy, as won!d be proved in the present
instance,—be expected to sit in the saddle in the same style or with
the ante pertiniwity as • bife-Guardsmen. They were known to
bexlmost nailed to their saddles ; the man and the horse were one:
they were ren'eurs,..if ever centnuts were,—half mar. and half
horse. (Laughter.l This witness had confessed that the horse wss
fiftl rf blood, that he was lively and every one knew that a horse
o„t.s.e not the, most tractable possible. This was no the
ea ter; tmpmper witness to call. flow was it that 111rs.Jones
had not been pot it o the witness-bas ? As the horse was to have
been istirchased for a ley. surely Mrs. Jones would have been the
properr‘t person to hare spoken as to its fitness. The Learned
Gentleman concluded by calling the defendant's groom.
Chsrles'Br,nk having been sworn, was examined by Mr. Ser-
geant VALIUM Alf. II; had lived with Ids mutter two an. He'
hod boen groom since he was seventeen years of age ; he was now
tilwry.one. Hs hat been. used to breaking in homes. Witness
was with his master when the accident happened. He wetriding
the horse at the moderate rite of six miles an hour, taking care to
Have ills reins In both hands, as was his practice when riding colts.
tine animal got even with the stage he shied. He then went
• doers, and after witness had brought him up he went down • second
drive. He saw the first •itnese Prosser after the accident. Prosser
syid the horse shied frequently with him. It was a very spirited
rsurial.

er;Sit-examined by Mr. Sergelitli TADDT.—At the moment of
the borse's sbyiog, witness pulled his head towards the object hem
wiOeh he started. This was his practice, and he considered it good
rairoage.nent.
Ms. Sergeant Tat:lnv—l understand you are what they call a
tie-kettle groom. (A laugh.) Do you tall yourself a regular
gent= ?
4hcLantined by the COCRT —Blood-horses were not particularly
in the knees, but axe frequently crossed their legs.
• _ is having closed the defence, '
Le,
_ _ _

r. ,erg egnt Tangz rose to reply. The Learned Gentlem—an
Ad,. Mr. Wonobweil's testimony was unshaken, while that of the
groom was at any rate liable to suspicion, for he. front the peculis.
rity of his situation, might almost be considered the defendant in
P'present action. If, however, the Jury telt any doubt about the
t to recover upon that count of the derlaration alleging neglect,
t laintiff was at lenst,he thought, entitled to recover, on that set-
tieg forth, the expense which bad been incurred.
'ne LORD enter JUSTICE. in summing up, directed the
Jtiry to find either wholly for the plaintiff or defendant. The
poirrto be decided was, had there been any neglect or want of skill
in.tbe ecfendant's grootn ? If there had been neither, the plaintiff,
-;.-and the Leavened Judge regretted h.—must submit to a venfirt
anima hint, fof the law would rot artntit of a defendant suffering
for what was purely accidental. One of our greatest lawyers had
observed that there was as much evidence to be obtained from tes-
dimary withhold as front what might be produced. The withhold-
ing of Mrs. Jones certainly did net crime favourably for the plain-
tiff. There was ore point on which Presser and the groom were
cosepletely at issue Land the Jury would decide which was most de.
',erring of credit. The former had certaialy shown a disposition to
INesricate.
The Jury, after a few minutes' consideration, returned a verdict
fee 'the defendant.
___

COURT OF EXCHEQUER, Tuts/JAY, JAN. 31.
—7-10

This Court at to-day for the Brit time in the new Court, %Lie%
ia a quadrangular building of sufficiently spacious dimensions fo:
the business of this Court. It was waltiscoted with oak, ave. sue.
mounted by a handsome cupola, through which the light is ad.
mitted. The distance of the seats allotted. to Counsel from the
Basch precludes the use of those conversational tones (In which
gentlemen or the bar sometimes indulge) which, from being in.
smitele to the greater part of the auditory. would be lost to the
world awl posterity, but for the " recording genius" of the re-
porter, whose practised =catches even the aLitpcon of a south:,
moat 14o...tires life to airy nothingness. In future, however, his
..vegoic capacities will not be so exercised. at least to this Court,
the trigeuulky of the architect has contrived that the building
shill give to the oratory of the bar "an echo to the sense"
thing which sill not, we presume, be regretted by the
jossivr branches of the profession. Arriptio ludo, we consider the
echo which is so very perceptible in this Court a great disadvan.
loge; utilre we could be persuaded that the gentlemen of the s, be
in **awn times wished to rival the celebrity of the ancient Novius,
whir^. only excellence consisted In his strength of lungs. tln the
whole, it Is a way convenient bondman building, constructed
precisely upon the plan of the temporary 'truants in which the
Court held its review sittings.
'CASEY .V. DINDIX.

r. Baron aiIAU•3I said that he was prepared to give his opi.
niuo in this canoe, which stood for judgment that day. Though it
*ma o in which I.e was not as conversant as he could wish, and
snail 1 hare been harpy had the tattler/evolved on natal his Learned
Brothers on the Ueoch, he would, no:withstandieg, supported by
by.the general opinior. of the Court, give his own opinion upon b ;
ha fr4t himself hampered by the very complicated nature et the
earse..and the variety of pleas which hid been set forth in the de.
Aeration . • the fast count states that Dibble.. Masai, Alderson, and
sobers had entered into partnership ir. the tobacco trade at Bristol,
pnci conjoi!,:ly became patties to a deed which was to regulate the
cociduc: of the raiment, out of which indenture aro.e ; but that in.
ptruwient it was agreed, that if any disputes should arise beiweca
the pane's. the suhicrt of difference abosli be reduced to tenting,
and retttrecti to arbitration. It also regulated the mode of appoirt-
ihg the arisitnitont—ont person ahnuld be named by etch disputant,
and three two nominees should be allowed to call a third arbitrator;
i• wan them provided that the eeti•ion ofathehe arbitrators should be
yurele A rule of Cutlet, and.that the patties should well perform all
the conditions of the deed. The declaration stated that,ln point of
fact. disputes did arise between the patties. and that, in compliance
with the conditions of the deed, the subject of dispute was reduced
to writing ; that arbitrators were appointed ; that notice had been
givr Oto ibbin that the arbitrators were appointed, and that the
affair vat to he referred to their decision, as the deed regulated.
that.Dibbin owe his consent to this arrangement ; and the Sr.bitrator', is sorequenee, went into inquines necessary to
saw% to.asr=aa on the merits of the ease. But Dibbtn,
before the time appointed for the verdict
isibiluseerrt=onurelA revoke its
idecision.v, The
. ,