The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-10 00:00:00

COURT OF KING'S BENCH.

JVDORS•CRAMIIIRPI;,;IIII.I;;OII'4I,a4.—:OnTheIIJenteIreaIt theßll,,
riectinent, and Attorneys' Advil...llan hooka (belonging to the Chamber+
of the Honourable Mr. Ju.lice Holro)di are at the Chambers of the
Honourable Mr. Justice Bayley.—Dated July 8, le4B.

COURT OF PRFROGATIVE.

PRIFORIC .1111 JOHN NICIIII4.
CAVIAT DA•l.—Welille4d3y, AtigU4i 2; Wednesday, September 6;
Wednesday, Ociubta 4 ; to Mt at ten each d4y.

COURT OF ADMIRALTY.
lIRFORN Loan R rOMP.I.L.
D • ro,7ll.—Thor‘driy, Anent 3 ; Tbunday. Sept. 7 ; Thur.-
day, October 0 ; to alt at eleven each day.

MIDLAND CIRCUIT.

OAILUAM. FRIDAY, JULY 7.
- -

There wax only one prisoner in the gaol for the enmity of Rut-
land, chareed with "dealing tallow, hut the Grand Jury returned
'• No true Bill." There wad also an indictment 'walnut a perion of
the na oe of Clarke, fur not repairing a road, ratione Irnurer
Verdict—Nut Guilty.

LINCOLN, SATURDAY,/ LY 8.

Thi. evening the Lord Chief Baron arrived, and opened the
Cumuli... Mo. The Lord Chief Justice of the Court or King'.
Bench is expected early to-morrow.
There are 13 prisoners for trial. Some of the crime' appear to he
marked with atrocity, but, of course, we must suspend our juJg-
meat till the trials are over.

WECTERN CIRCUIT.

WINCHESTER, rumor, JuLT 7.
GOOLD V. PLIGHT.

This wax an action brought to recover compensation in damages
for an iojurr done to a horse by hard driving.
Mr. CARTER (with whom was Mr. WittoitT) stated the case.
The plaintiff is n grocer, ft:l4'lllg in iVinchester, and the owner of
a.pony, which he uses in his business, and sometimes lets out on
hire. The defendant is an atowney's Clerk. and in the month of
January last hir,d the plaintiffs pony, alleging that lie was going
to Andover, and would be absent for two days. Instead of going
to Andover. however, tire defendant rode to Salisbury, nearly
double the distaoce, and returned the horse in such a state, that he
was unlit for service for a frill month •ifterwards; besides which. he
was ma erially injured in value. Under these circumstances, he
submitted the plaintiff was entitled to o.oinges.
The principal witness in support of the case was John Divan,
a veterinary surgeon, to whom the horse was sent when the defen-
dant tem.. ed hon. Ile described the animal as having all the Bp-
p-seance of having been excessively driven. Ile considered abut
.he horse would never he a- cool agsin. and that hi. value was
reduced from 13/. to 11/. Ills bill for attendance on the pony
amoun.e.l to U. I Is., and for • month after Flight returned bins he
wa• totally unfit fin work.
Mr. C. F. WI I. LIAIIS conducted the defendant's ease. Re ad-
mitted that his client rode the pony to Salisbury, but he had !dm:
the animal 'or tor, days. and conceived himself at liberty to ode
hint where he pleased-. If he loci treated him ill, or worked !tint
excessively, the plaintiff WWI certainly entitled to dam rg.. ; but he
contended that the horse had rot been treated improperly. that he
was not overworked, and that he sustained no other injury but
*deb as the pbtin,ilrmight hare expected when lie lent out his horse
fur 11,-e.

To support the defendant's case, Edward Vandenlinof was ex-
emir e', and stated that he rode in company with the defendant
fo.n Salisbury to Winchester. The die ance 11014 twenty-four
m lee. They left Salisbury at three o'clek, and arrived in Win-
chester at rig ;t, having rested an hour and a half at Si.ockbridge.
We net. rode a horse which wax his own property. They rode
sometimes quick, and sometimes slow, but he did not chink tie
pony was irtmiperately driven, or that he was treated improperly.
lie went freely, and did not a ipear much distressed.
Cross-examined—Winless had said that he anti Flight came at
a brisk rate, and that the pnay would not be worth live pounds
after h j iurney; but this was only In joke to Goold, the plaintiff's
broth. r The journey occupied three hours and a half.
Jo' n Aloulden, a veterinary surgeon, stated his opinion, that
a pony that was good for much could not be seriously injured by
being role twenty-four mails in three hours and a half, being
alloyed one hour and a h Nor rest.
Mr. Jastire UASELEE said th•lt if the defendant was well ad-
vised, or caniulud his own interest, he would never have allowed
this action to come into your. His conduct in engaging the
horse to go to Andover, and afterwards taking him to Salisbury,
was not at all ;n h a and confessedly entitled the plaintiff
to damages. The arriount, however, was a question which he would
lea, • to the Jury to settle.
Verdict fax ;he plaintiff—Haulages 61.
DiUGWELL V. FLEMING, 31.1... s s

Thug was an ammo to recover WOG alleged to be due for work
and labour done. The plaintiff" is a miller, the defendant one of
the Knights of the Shire Tor Hants. The former oecupitd some
mills in t. e parish of Southwick, of which the latter was the
owner, and these mills having been accidentally destroyed by fire„the
Flaintiff entered into a contract with defendant to rebiiiid them.
rom this transaction the present action arose, the plaintiff claiming
the abore-named sum over the amount specified in the contract,
upon the around drat whilst the contract was being executed the
defendant's agent dirveted certain alterations to be made in the
buildings, not contemplated by the original agreement. The de.
Tendon!, it appeared, had no design to bind the plaintiff to the
precise terms of this contract, bur conceived that lie had already
been fully paid. Such was the case, as stated for the plaintiff ;
but before his Counsel proceeded to examine witnesses, an arrange.
*sear took place between the parties, and a Juror was withdrawn.

OXFORD CIRCUIT.

OXFORD, JULY 7.
TRY KIWO Y. ETWRD .

The following Jury wrre sworn for the trial of the prisorer :
William Boddington, John Holloway, Edward Beasley, Joseph
Payne, Rocket,, John Penson, Henry Crook, Thomas
Stevens, William Cuter, John Saul, John Playas Gatalleld, John
Johnson.

MT. CAR IMAGIT 0 g opened the indictment and the charge upon
the Coroner's Inquest. Mr. Conwooto stated the case to the
Jury nearly in the manner foilnwing
May it please your Lordship—Gentlemen of the Jury—lt is
my melancholy teak to detail to you the circumstances which have
led to the charge now preferred against the prisoner at the bar. He
stands charged, Gentlemen, with the commission of a crime, which,
not only by the 'laws of England, hut by the laws of every other
civilised country. is ranked as the deepest and the blackest in the
catakgue of human offences. It is a crime, which, by the law of
God, delicate] in thunder from Mount Sinni, Is considered the
foulest in the Deralogue ; and. It is a crime respecting which the
Almighty himself has said—• Whoso sheddeth man's blood, by
man ..hall his blood be shad !' Therefore, when a man is charged
with a crime so serious to society and An awful to himself, it be.
cones your imperious duty to attend to every possible circumstance
in the case, in order that you may not deliver him over to the pu.
nisliment and to the infamy attendant upon such a crime, without
the fullest and the most complete satisfaction of his guilt.
Gentlemen; I dare ray you full sell' know what constitutes
the crime of murder, as contra-distinguished from the less heinous
ceenee of homicide. The very sum and substance of the crime
consists in inflicting death upon a fellow creature with malice
aforethought. But it need not he proved that there was express
malice against the individual who has suffered by the hands of the
assailant. Malice, by the law of Ergland„ as it has been defined
by a most learned Judge, exists when a man has been proved to
have acted under dictates of the human heart, which chew that it
was regardless of its usual and proper duties. You wili therefore
have to consider whether the prisoner fins acted in a manner which
justifies you in a conclusion that he has acted wilfully and ma-
liciously when he deprived a fellow-being of life. That he had no
malice individually against the youth who has suffered by his vio-
lence, lam free to whet,. I verily believe, from what I know of
the case, disclosed to me in my instructions, that he used acts of
kindness and effectionate regard towards the deceased, his mother,
and his family, which completely remove from the human mind
any idea that he could have harboured individual malice against
Thomas Maley ; but it occurs to me that he is a person who acts,
1 will not say tinder the influence of an atrocious, but certainly of
an ungovernable temper. Therefore you must look to see whether
any thing had transpired on the present melancholy occasion, which
could have provoked a violent and an irascible man to the perpe-
tration of a deed for which he is, no doubt, now sorry. The cir-
cumetsnees of the case, Gentlemen, are few and simple. The pri-
soner lived at Ensham, in this county. On the evening of the day
in question, lie thought proper to retire to bed somewhat
earlier than usual. It seems his daughters were, out on that
evening, and I presume he was not very well pleased with