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London, England, 1825-07-25 00:00:00

I XSOLVE DZIfiOR'3" Ct) CRT, JULY 23.

BEDFORD ASSIZES, BETWOnD, JuLY 22.
CROWN SIDE.
Before the Lour) CHIEF BARON.
C Mtge Coitht was indicted for having, on the 13th of February
last, at Feimerslunn, wilfully and maliciously set lire to a barn, a
cow hovel, a shelter hovel, aril a quantity of straw, the property
OfJoseph Payne.
Upon his arraignment, the prisoner pleaded Guilty.
The Omer Btatow—Take care what you do, young man. If
this plea is recorded, you can have no expectation of mercy in a
case of this kind. lon had betier reconsider it. Let no hop e
of merry, which must be inistaken, induce you to persevere in this II
pies.
The prisoner—I'm guilty, and I can't say no otherwise withtiut
telling a lie. I wish to say Guilty.
The Cut EV BARON—bet the plea 14 recorded.
The prisoner was put Lack.
Planet", 11(.7kIl and Broti:onfa Pars3nt were then Mitred st.the
bar, and given in charge to the Jury, upon an indictment, test
they had maliciously hired and counselled one George Cassie to
burn a certain barn, cow-house, dc. the property of Joseph Payne. ,
of lehnersharn. There was a second count, charging them with I
an attempt tiverehyto defraud one Barber Beaumont, the 3lanag-
ing Director of the County Fire Office.
ttlr. St unua, 31r. HAWKINS. and Mr. MALTBY were Counsel
for the prosecution g 31r. 3PDowiLL was Counsel for Hewlett I
Parsons had no Counsel,

31r. ST OHMS detailed the circunistance• of the 'case on the part
of the prosecuticn, and substquently that ease was proved by the
toUMsing witnesses
Joseph Payne was examined by Mr. HAMlCrws.—lle said that
he was a fanner resoling in Felinersham. He had about a mtle
from Ins own house a barn, a cow-hovel, a risk of straw, and a
shelter hovel, all adjoining. In that sheltershoyel there were nine
fat cows ; this was not situated near any dwefting.house. On the
18th of February a lire broke out there, and the whole was destroyed. I
1 know the two men there (looking towards the dock) very well,
Parsons and Francis Hewlett ; I recollect apprehending spriginnee
and a brother of Francis Hewlett, for sheep-stealing. After that
lime Parsons and Ilewlett came for their pay ; Parsons came in
first ; I had COMMLAOIitd my brother to pay them ; I had desired
'Mot to dialect from them a day's pay, during which period they
were absent from work, in consequence of Ilewlett's brother being
taken up. Parsons said to me, " You are the only person who
ought to pay for it, as it was through you they were taken up." I
worsted fn stopping the money, and he went away, and was very
saucy. Hewlett also mattered something and went away. He was
saucy. 1 Waal sonic tinder on the floor. I lost MOH. by the bum.'
rags
Cross-examined—lt was not that night alone that Hewlett was
saucy ; lie was always very saucy.
John King, cowman to Mr. Payne. sew the house in the after.
noon, and when he left it at the latest time, he found it all in •
good state. The Mrs broke from within through the thatch. Hew.
Sett lives about a mile from thence, and 1 went to watch him,
vent by my master ; 1 :raw him come to the door while the fire was
burning ; lie could see the fire very plainly; it was light all round ;
be came to the door s second time, and went in again. There was
a great noise; I saw Francis Ilewlett and his brother James at
work some daye before, and Francis Hewlett said, " 1)-. Mr.
Payne; 1 should like to do him a good turn."
erosauxamined—lf a man had injured you. and you saw his
premises on fire, would you endeavour to assist him to extinguishing
the lire ?-1 swear I would.

Britton, s constable, proved that be or
Hewlett say to Sprigniore, while they were 'talking together and In
his custody on this charge, " D—n lie's a splitter."
John Hopkins Wanleri apiwishendal the prisoners, but nothing
wait said by them 10 his hearing.

'*Jr. Ha.lextell proposed to put in a confession of Cowin's% te;
prove that he was gailty,
The Learned JIYDUE thought that he could not receive it in evi-
dence.
This was the case on the part of the prosecution.
Air. AlocDowett. then sobmitted, that upon this indictment
the prisoners could not be convicted ; and, although he was Cows.
gel Mr Hewlett alone, yet the other prisoner would have the be-
nefit of the objection, if the Learned Judge considered it fatal to
the indictment. The prisoners were charged as accessories berme
the fact, and of that char,'e they could not be convicted before the
guilt of the principal war made manifest by his conviction. It wu
true that they might tried at the tame time--
The Cm tEr BARON—So they have, and one of them has pleaded
guilty—the principal.r
Mr. AlacllowEt.--'ne principal pleaded guilty on his ar-
raignment. l'he prisoners put themselves for trial on the country,
and it never could be contended that they were tried with a person
who had by his plea deterthed hiraself from all that was consecreit
to a trial. The prir.cipal pleaded guilty, and his conviction should
be established by the record properly authenticated. That evidence
was wanting in the present case; and as the Counsel for the proawii
cutinn had closed their case, it was now too late to give the evidence;
which should have been offered of the guilt of the principal.
31r. HAWKINS suggested to the Court that there was no dia.'
tinct ion between this case and one in Which the prisoners were tried'
at the same time.
The CHIEF PAROV said, he would refer the objection to the
cons.deration of the Lord Chief Justice, then in the next €01111;
not that he thought it fatal to t:.e indictment, but because (in a
case so serious as the present) the prisoners ought to hove the ad-
vantage of all that ingenuity could suggest in their favour.
Atter some time the Marshal returned with the Chief Justice's
opinion—that it would be better (or right) to give formal evidence
of the conviction of the principal.
AlocllowEns—Then your Lordship will permit me to ob-
ject to the course which I understand the Counsel for the protects.
I don now propose—to give evidence of the principal's guile, after
they hail clos2d their case.
M'. STORKS, who had been absent a short time from Court, and
had just heard the nature of the objection, said—•' His Lordship, for
the preservation of justice, will allow the evidence to be given,
though I think it quite unnecessary, for the reason stated as I un-
derstand by my learned friend, Ir. Hawkins."
'l'he CHIEF IJAIIOIII thought there was no weight in the last
objectio
The prisoners made no defence.
Th.!LearnetlJtiDGE then summed tip the evidence, and the Jury
returned, after sonic deliberation, a verdict of Guilty against both
the prisoners.
Costin was then called up, and with the other prisoners placed at
the ha.. They were asked by the Officer in the usual form, what
Hey had to say, why judgment to die according to law, should not
be passed on them.
His LORDSHIP then proceeded with great solemnity, to pass
upon the respective pristwert, tfreowllalaenteaceof The law. 01 ou,
George Curtin," add his Lordship, " have persisted in your pint
of guilty, though I warned you against the consequences of that
plea, and assured you then, as I do now, that it could hot alter the
execution of the dreadful doom, which at no diatom period awaits
you. You Francis Hewlett and Parsons were charged with coun-
selling and ebetting George Cousins in the seriourr crime of which
he has plealed guilty. You denied that charge, thr wine' no blame
attaches to you, and you put yourself for trial upon your country
and a Jae- of your aft,- .

But every man is not possessed of your Christian spirit. 31r.
King; and don't you think there are many persons who would act
differently (ruin you, and of course very erroneously, and not assist
under such circumstances, in putting out the lire P—Oh, yes ! but
they vrould'ht act right, you know.
They would act, Mr. King, not as men whose duty It was to for-
give injuriet, but as natural mtn, who had hot arrived at a
ledgeknow-
of their duty. That's my notion.—Oh ! many men would

Wm. Norman Shrives said he was a workman in the prosecutor's
employment. He recollected having seen Francis Hewlett on the
Tuesday before the the at his waver's. When his wages were
paid hint he came out, and he was a grumbling. I heard hint say
distinctly, " There *hill be a somewhat for this; d—n you, I'll
not be eaten up by you. I say do yea hear me—there snail be a
something done anti all the town abaft know of it, I'll be d—d if
they shan't."
In crosa.examination this witness said that Hewlett wr.s a noisy
and abusive fellow, and this was his constant way of talking.
Joseph Chole stated, that he had seen the two prisoners with
Costin and Ditk:ns Sprigmoreoa the Tuesday before the 6re.
Wm. lirumwell fired under the same roof with the prisoner
Ilewlett, and heard him say, shout a fortnight After the tire was
over, to the wife of the prisoner Parsons—" I was in% when the the
was on, but it's ell over now."

(;rose.examined—This wrts,a very natural observation for a man
to make who, front his known hostility to the pmsecutor, would be
supposed to ,have no peculiar anxiety for the protection of his pro-
perty.
Win. Warden, a cabinet-maker in Bedford, assisted in xppre.
I bending the prisoner Parsons on a sheep-stealing c:orge; and lie
said, at the time
_of that apprehension, " This is all ti--d Joe
Payne's work."
Wm. Ward was employed with another labourer to clear away
the rubbish from 11Ir. Payne's barn on the morning subse.l
quent to the fire; and. witi:e at breakfast with that man, whose!
name was John Burt, Parsons came up tome, and said. " This is!
a bad job that has happened, but it's no more than he could expect ;
and hint now he's got it."
Joseph Kenny was present with Wm. Warden when Parsons!
was apprehended. Ile said " 11--n that Payne, he's a good-for-
nothing rascal. D--n him, when I get out I'll do hint a good
oue."

John Hurt knew Wm. Ward, and was with him in clearing the.
burnt rubbish from the barn. Parsons came up and said, "This
is a 4l—d serious job, settings place on tire. Thank hlod I was
not at home, or it would be laid on me. The man who done it
ought to to thrown in the mithle of it t though him, he
must expect it 1 he has lung been earning latching, and now he's
g°!.4•". _ _ _

Joryof your country, atter a most patient, elaborate, and
satisfactory investigation, have pronounced you guilty. Your
crime has hail its origin in the most deadly hatred to the prosecutor,
and as the offence itself is one of the highest crintinality,you
I
must atone for it. commission by the forfeiture of your lives. do
beseech you to abandon all hopes of mercy in this world, and it is
sly earnest prayer, th-t you may so employ the short space or life
that remains to you, as effectually to secure mercy in that world.
where so sveethly you must appear. The sentence of the law,'
which it is my painful duty to pronounce upon you, is, that you be
respectively taken front the place you now stand to the gaol, and
from thence to the common place of execution, where you are to be
hanged by the necks until you are dead t and may Clod of his
infinite clemency have mercy on your souls."
This trialoccupied the Court nearly eight hours.
CIVIL SIDE.
Before Lord Chief Justice Annovr.
CONE v. 111101ITENTON AND ANOTHER.
This was an action fbr a libel publ Shed in a hand bill by the defea.
dant, of and concerning the plaintiff: The parties on the record were
in the same line of burnea. The defendants pleaded a justiticatios
' upon which tune was joined.
The proof of printing and publication by the defendants having
been made out. it was read in these words:—
•• To the public, E. and J. Bightentoo, grocers, tea-dealers, leo,
Warns."
" In justice to themselves and the public, feel called open
by the recent circulation of a card addre.std to the inha-
bitants of Woburn and its vicinity, to entreat that the
public will not be misled by It. The facts of the cue are too no-
torious to most of their friends to need repetition here, in order to
create that disgust which trust arise in the breast of every honour.
able man, at conduct so dastardly, base and infernos** but as they
may not be so generally known as it is now right they should be,
E. and J. Ili lose not a moment in laying before the public a plain
statement of facts.

Charles Hannet, Mr. Payne's horse keeper, knew the penmen.
Ile reutembemi the day bstore the fire. He saw, on that occasion,
Parsons and Hewlett together. Hewlett said, when witness neat
met him, " We're Ind a dreadful the." Witness said " Yes."
He said be was not there.
Mr. MALTBY—Now before he had said he was not there, had
you asked hint whether he was or not?
The counsel for the pEumer submitted that this was a leading
question, but he had no objection to herr all that passed on this
occasion, if Mr Maltby would propose the question in that form.
Mr. MALTBY had no objection to rut the question in the way
proposed by his learned friend, and would oak the Withdll what'
passed at it ? I saw them together.
Mr. MALTBY—Confine your attention to the conversation be..!
teem yourself and Hewlett in the Met instance ? Ile said,
we've had a dreadful fire here ; I said yes. Were you there ? he
said no; my children were ill, and illy wife went to the doctor's
shop for some stuff for them, and she staid chattering there, so that
I could not go.
Mr. MALTBY—Did you ask him whether he was there before
he staid he was not ? Yes, I said were you there ?

Another witness, whohil previously been examined. was called
back, to prove that Ileslett's children were well in health on this
evening.
Croft-examined—Will you swear these children were well ?
One of them had a cold, but I saw the other at four o'clock in the
day, and at seven nest morning.
One of ihzrn was ill ? Yes.

And the other for any thing you know ? It didn't want medi-
cine.

You had better have an apothecary to prove that. The rut know
that medickle 11 al not required for these children ? I can't say
that.

Dickins Sprigmore was then called and examined by Mr. Ilaw.
at •:s--lie said that he was a labourer, and resided in the same
parish with the prosecutor. lie knew the two men in the dock.
They were his companions. " 1 recollect on the Friday before the
tire going to Mr. Paynes'. I went to Francis Hewlett's house. We
posed through a close, called Harvey's Yard. I heard Parsons
say, • be d—d if I don't set fire to Payne's barn.' Hew-
lett said. I'll be d—til if I wouldn't be one to help to do it'
George Dorian was with me, and lie said it war through Payne his
brother was sent to Bedford. %I'hile we stood there, Francis Hew-
lett went into his house, and feteli'd from th.4nee a steel and some
tinder; he took the tinder, w:app'd it up in paper, and put it in
his pocket. lie asked Costin then, whether he would rot do it?
but Parsons said bed better not do It that night, as they'd been
having some words with Air. I'ayne. It was then put off until
Sunday night, and George Costin was to do it. I was there; and
Hewlett and Parsons hired him to do it. Hewlett and Parsons
were to be in certain places. Hewlett was to remain at home, that
he might have witnesses as to where he was at the time. I didn't
hear Parsons at that time say where lie was to be. Parsons asked
me if I'd do it ? I said ro ; I'd have nothing to do with it. They
' gave Costin sixpence a-piece to do it on Sunday right. Parsons
said he'd give him any money if he'd do it ; and Hewlett said the
same. They said, both of them, they'd not mind giving him a
week's pay if he'd but do it. The last words that passed was, that
Costin should do the fire whether he saw us or not. I raw Parsons
again on Sunday morning, and he said George Costin would stick
to his task. Parsons said he would get out of the way ; he would
go and see his mother at Tilbury. This was on the Sunday morn.
ing. I saw Francis k:ewlett on the same day; he came to my
house about 12 o'clock. I saw hint again on the Monday. Neither
of the prisoners at the bar wes at the fire; they were not to be there.
I raw George Costin at the fire. On the Sunday after, I recollect
being in company with Francis Hewlett. 1 went to get a few
turnip-tops with him ; and he then asked me what I thought of
the tire ? 111 y answer was, it was a dreadful sight to see the burn.
ing of the poor calves. He said lie could'nt brazen his face up to
the fire that night.
Cross-examined—Where do you come from P—From home.
In one serse it is a home certainly, seeing that you have passed
a good pardon of your lite there, but do you term that a home
which vulgar people call gaol ? I only weld there last night.
The last time you were sent to gaol is now long ago ? Fifteen
weeks.

WM. TOM, Ala out portly man, came before the Conrt to obtain
h.% discharge, when no small curiosity waif excited at his presence,
It bring remembered, that at the tune the celebrated Joh:tr.:a
wdtottt flituriabee, the Inanlvent filled t he sacerdotal office of high
P to the proplicess. and at bee death, the cradle that had been
Vex-null to her by he: t.ollowers, for ..te expected Shiioh, was bir-
,,uesthed to the bnolvent, bnt it did not appear what had b.-entne
to it. nor did the creditors make any inquiry after it. The I owl-
'rat slid, Ir formerly lived at '1 horwarticr, Devon, where he ear-
ed co the husir.em of a. maltster anti timber-merchant, but he onw
N!...e I himself to be a gentleman, residing in Dtike-street, %Vest-
Tiers in-road : his debts were not to a large amount, and no oppo-
Lin appearing, be was dis:harged.

Now. I rne.m to ask you a question, which will try your powers
of recollection, and indeed your in aritlnatie. How many
times hare you been in gaol ? Witness paused fur some second*.
Well, Dickitli, I percsire you are a conscientious man, and
don't choose to a west rashly 1 I don't know.

" A certain individual in this town, some six months since, made
a proposition to E. and J. H., that for the consideration of receiv-
ing a certain sum of money for the gond will of his business as a
grocer, he would relinquish the said business to them—when be-
hold ; he discovers that he has a family t and it then occurs to this
sapient wiseacre, that he ought have reserved the business fur this
said family.—Child•like, he cries for his discarded rattle, but find-
ing his successors are not disposed to be played the fool with, and
being foiled in all his manoeuvres to recover his lost business, he's
determined (to use his own words on this occasion) that ' they
who have taken it, shall not get a bit of bread at it.' A glorioits
opportunilc soon presents itself for venting his spleen. E. and J. 11.
have occasion to discharge a liana in their employment, which is rio
sooner known to tithe consummate semtalrel, titan he takesa shop,
and, by way of avoiding the public odium which the avowal of its
being his would naturally entail o: nun, an arrangement is made
that the business shall be called that of the aforesaid discarded see.
vent whn.e card is alluded to above. Having aimed these few mat.
ters hd fact, E. and J. 11. leave the world to judge of the menial
claims to public patronage, of themselves and their very MONO tra-
ABLY: .4)PPOPIEX T."
From the evidence on both sides, it appeared that the plaintiff,
who had kept an old eetablished grocer's-shop in Woburn, made an
agreement with the defendants, who were at that period young men
in a mercantile situation, to give up his business and his interest
in the shop at \Coburn, for 4.301.; hut he soon after regretted his
'bargain, and was anxious to rescind it, and he offered the detend-
ants I LOL, and all the expenses they had incurred, to be off the en•
gagement. This the deterciante refused to !mein, and Cobb then
made no secret - ie. The de•
fendantie , doings°, hut
he - agreement. that
he . in the mean
time, their em-
Ploy' -a warehouse,
art( • establishment"
unfairness.

licno
ray
tt
Cal I
the f
wi%h

proper
fctt o'

Very well, that's an answer—What do you any to ten times,
Dickins ? No. I have not.

Will you %wear, Dickins Sprigmore, that you have not been in
gaol or any other place of confinement or ',are custody, and I'll not
I count the stocks on you. fot ten times ? Nn, I won't gilly that.
Now, what do say to fifty 1:02C3 ? Weil, 1 caa swear to fifty
times. •

succeeded a lite-
haeirt
taw. The
A() found for
acme times
own costs.

stigsestionaverv---
hit power to ee-

an action
in foiling
improper eon-
:gent:al issue.
examined by Mr.
'4 Wadi. ouch

from
duct

. . . . - .
t• ' • • • - • ^ • - - • •.. • • • - -... .- -. . . . --
.14., t.- - . ",.. cop ...f•e- f...et"telleF.... -,.:.' 7 ~ a never hired k housekeeper et "rt
01 your swea..iig to-pay, nut witi yu....11 point .C. „ tuck roe / was utsioe its:, rod Alf. UMWn sus also there. 1 tie g.. ~ at ga.. ....r.
have not been in gaol or any other place of confinement, fifty Thrapstone. Just before they got to Sr. Neet'm bridge 11/r °edge Reexamined-I have no reason to think that the plaintif filled
times?
Ycs, I'll swear I have'nt. said to the coachman, " I will get down here." He stood up and any capacity but that of a servant.
Forty 1 No. not forty. leaned forward to the coachman. The coachman did not stop, but James Sparrow proved that the plaintiff wets his servant for three
Twenty ?-No. upoc Mr. Griffin's calling to him he went faster than ever. Mr. years, at tun pounds a year.
Ten ?-No, I have not. Clean put his foot upon the iron, and stopt about a minute, he Cross-examined-I don't recolleci that the plaintiff told me that
Have you not said before to-day, that you would not swear to ao seemed dot to be able to hold on any longer. and he fall. The the defendant wee to settle a tit sand pounds upon her; I know
low a calculation as ten ? whip was round Mr. Orilgsiv arm. She heard the coachman say it was some Sum, but I don't rersalleet that It etas 1,400 t I ate
Mr. HAWKINS objected to this question in its present form, the somettilng, but did not understand what it was. She. was winch the trothelof her attorney.
witness was not to he cresa.ekamined as to what he had said to- friehtert-"ilt ..l'he coachman did not stop,when Mr. Griffin felt. Mr. Oultwoon, for the defendant, talc? that it was highly int•
desy. as that anpecred on the Judge's notes. She hood a, woman in the lodge call to him, beit did not °buret probable that a poor servan'shouli have to i etch and respeet-
, Air. AlAcHownv,r -Then I'll put the question in an uneldee- , him leek bt:cl;. ;fie did not stop till he came to St. Neot's. Wit. able master, for ao large a t:Yrn as SRL for Wages, and when 'trey
Sortable form ; will you now swear, that you have net been in gam etess heard him Fardwice to the coachman, '• I'll get eft' here." she hair heard lili case they would be satisfied that the relation ut
or any a: her place of custody ten times-t wdmit you were always did not observe whether the ground was even or not. The coachman, master and servant never subsisted between these parited. • The
a very ill used man, and that you were petfeetly Innocent of the the Ilse. 51r. Jawitn,• and hi, eon, were on the roach.box. Can't defendant being serenty-two, end buying a great delight in thte
Various offences hid to your' Large It I det Meant how many remember how man prowngers were on the coach. The woman society of this young lady, look a public house, dud in it thestdd
times. who cried out slid, f• Per. that's • ake stop, there's a gentlemen gentleman 'has to fold capital, the lady! skill. That was the
Well, perhaps we may reach it in anothee traps-well go through fallen." There *as thus.% duegage on the coach, and the coach. partnership, and as way always found in such .Partnershipe, the
in the classification of crime-the rancas with which you line, man said before he got to tit. Neot's, lie would have a penalty to partner of skill °emu/lied the partner of capiitl, for the lady
been twjtittly char, 'ft if it's more agreeable to post, Mr. grip?. pay for overloading, he io,cething to that c.fleet. hid not hear any tank all the money, and left the Old gentleman to pay the creltilet
more, we'll take !bent in the order of nine ? 1 aunt was found one express apprebeneinne cc to the (Identity of luggage on the and the distiller. Ile wanted to get rid of her, but she said she
guile. of any felony. coach. ,
.. doia never leave hi:n while is Me rerettllned on his house; anal Why do you say that ? gave I not said that you were a moot Cross.examined by Mr. terg-set raEttr -Cannot tell hod. then, when he was at his turnpifie, the plaintiff went there, and
innocent and much abused mint Yes, Sir. many yards it was before they got .o St. Neot's when MS accident finding a young girl there, she very naturally Pew At the old retitle:
Wert, what was the last offence with the tefinvisslon of width occurred. It was not tar froth the Inn... I beard no one told by the Iran, and gave him a complete scratchiest of the face. Then the
coachman to assist Mr. Griffin when he.reached the inn. The defer/ant was represented as a rich Mtn, bet Ills properly «el at
you were charged ? Sheep stealing.
And just heroes thst, there was an 11l at
ptstson made some Rev. Ittlr.Jamea's son was a boy beat
len years of age. The time last only nineteen little cottages, let to colliers at three iltillinrs a
charge against you- What was that ? I do'nt bow. when Griffin spoke to the coachman wit:l.:jest before he get off. week enzh, and so fa:t from being les 'errant, Pe should proie that
Oh, try and recollect, and dent suffer younger to be alarmed. t Cannot say but it was upon the bridge, and pe.ssed the lniddle of it. when the,plaintiff was told she was a. servant, 510 alwsys dehied
11r. Sprigmore ? Well, then, if I must sae, it •aa about picking It was the step-iron on which Griffin pieced {delete, in one hand it, and 'aid that ohe Vas not Mr. leyeeewsetetnittlaut hie mistrese.
some clothes from a hedge. he had an umbrella, and with the other he held lie the coach. She and that she was not only so, but she *llll his Mister too, for the old
Then the time before ? That was about a chance ebildbie yaw him fall. He was holding by the iron only about a minute. man did rot dare call hie soaau,lahhieswoawebt,d afinyd
it:
ahewt
rats:Mess thtthappen to do
NVell, then, immediately before the algadrof dm kins, the was frightened only because she saw him fall. ,•
tilh,matlirlndeftwoiolfr
there wets aemetitiog about drapery ? Oh, if largo" touts it was' Mrs. Jacob and Mrs. Montague, muisengers on the coach upon convince him hf his error,• and the settittnent elf the 1,9001. sheared
after the buttiliess about the child. the day in question, confirmed the testimony given by the.last at once what tort elan atiair it was.
Will, I see it does require a greater lembination of lungs and witness. John Taylor raid, I used to freddeid this ptibilc.heuse, anit
memory than you puttees to go through the various charges that a nepsibus Saddler remembered to hare seen Mr. Griffin, on the always paid the pliiintilf for what I had, and she has told md; that
malicious world have framed genet you. Now, as to the night in the day to which allusion wee made, hanging !‘j, the coach. It she had a share in the house, and that every thing there belonged
quotation,on which you state this burning to have been planned, was about the middle of the bridge. She saw him fall, and to her as much as the old mast: and at another time site ente to
you were to take no part in it ? No. called to the coachman several times, and made an alarm by waving me to repay her a pound I bnu fieirrowed of the defendant i. I re..
The witness proceeded to state, that he gave information merely her basket. " For God's sake stop, or the gentleman will be fused, saying, she was only a tilreent ttl 51f. Iriief.; and there-
because he thought it was proper to do so, and that that statement killed,'" were the words that she used, and as loud as see could claimed,. " I a servant. I ells nth tereeht to Itycet-t-whatever id
was as true as all he had sworn that day. eat hallooed to the coachman. He hung on for " a long distance," mine is Ills. and whatever Is Itle ii Mine!" end eller that, I warded
In re-examination, he said that he had never been convicted oft *MI VIM fell. She went up to him and found him in a bad state, to 1;;;:row M. of him, but the plaintiff would not let him knih it to
any crime. With the bone of his leg starting through his stocking, and bleeding! me; the plaintiff did just as she liked, and if the defendant said amSamuel heard Cowin .nStith. Witness tied -- his leg with her hankerchief. Ile could I t . .

stet raise himself without assistance.
George Parker gave siroi'ar testimony to the last witnets.
Wm. Flanders said, that at the time of Mr. Uriffin's fall the
oaeb was to at the rate of between nine and dies an hour.
TM! bridge

ri:of ten 1111,4 an .
_ At at dm pert was almost six yards wide. There is room
foi two carriages to pass by, one of them clawing a little on the
foot way. Mr. Griffin fell on the near side. The place was about
eve or six minutes' drive from Where the coach rapt.
Mr. Ward Is a surgeon—lie saw Mr. Griffin at St. Neot's after
the accident. Ile was brought to his house immedistely after
he sustained the injury. Both brines of the leg were broken.
The tibia was protruded through the integuments. lir was six
weeks under witness's care, and his bill eras 141.
Wasthington Montague, an apotitieary at Threpstone, deposed,
that upon the plaintiff's return he was for six weeks under his
care. He is able to .:ilk about Lone, and he will continue as.
This apothecary's bill was v.
Evidence of special damage was given by the brother of plain.
tiff. It consisted of the loss sustained by his inability to attend to
business, and expenses incurred by thh injury.
The defendaots were proved to be the proprietors of the coach in
question.
Mr. Sergeant FRERE (with whom was' Mr. Dov Est), nit the
part of the defendants, contended that this accident, which Ids
clients vary deeply lamented, originated In his own wilful wrong.
headedness. The coachman could rot with safety stop in the
place where he wished him to get downs and Mr. Griffin, eager to
extricate himself front a situation in which he was not the con-
troller but the tonttolled, finding that the coachman did not regard
as anything the safety of the other passengers compares. with hie
personal convenience, jumped from the step of the coach at a time
when it was proceeding with considerable rapidity, and thus had he
caused the injury of which to-day he complained. It was in evi-
dence that the bridge was narrow—that it was not wide enough for
two coaches to pass at the same time without one of then' drawing
an the footway, and therefore it was customary with the coachman,
In order that this inconvenience might not arise, to drive over the
bridge with unusual expedition, in ordei that before any other:
coach approached, his might reach the opposite side. Now to se.
let a moment like this for Lis descent watt not wise in Mr. Oran,
but to attempt to carry his project in execution by the courle he
had adopted, required more activity of limbs than it appeared the
plaintiff possessed. The consequence of his fall was much to be
regretted; but the Learned Sergeant contended that as they re-
sulted from his own indiscretion and obstinacy of purpose, ha was
not entitled to any damages.
Toe Rev. John James, curate Of Goodie, was examined by Mr.
Doves—ile said, he was on the coach-box on the day in question.
Mr. Griffin was a stranger to hint. Ile did not hear him make any
request to the coachman to atop. Did not know of the accident
1W he heard a shocking cry of a person who had fallen. The
coach was then proceeding at the rate of eight or nine miles an
hour. He had a son with him about eleven years of age—heard no
woman giving an alarm on the road. Never knew the coachman
before that day.
Thos. Picktord Seabrooke, Esq. was on the . roach the same
day, and he confirmed the testimony of the last witness.
here were three othce passengers who sat behind the coach, who
stated that they did not bear the plaintiff say anything to the
lboachman before he fell.
Thomas Vowel, the coachman, said he had driven the coach far
MOTE than two years—had been a coachman seven cr eight years
before; recollect, being at St. Neste& Bridge when Griffin's leg
was broken. The accident was Just told him by the Rev. Mr.
James—had not beard Griffin say one single word before about
getting down of stopping. Mlicn Mr. James told hint what had
happened he desired him to drive on, which he did, and on hit.
-..ng to the King's Head tie told the landlord that a person had
• slipped all •

nung
either jumped or h..„cd of the coach, and to get him .. the its.
"faience they could. Assistance was sent. lie could have stopped
the horses If he had heard the person call to him. The coach was
licensed to carry twelve, without luggage, and ten and a half with
luggage.
Cross-examined by Mr. STORRS ?....Do you recollect remarking
that you have& penalty to pay for extra baggage?—No.
Will you swear you did'nt
Upon your oath had you not a penalty to pay Mr. Vowel ?—Not
as I know of.
Was your whip not broken ?—I believe not.
Nw I should like certainly better than belief. Will you
sey the whip was not broken f—The stick was'nt-..there might
be a bit off the lash.
Did you not say, d—n him he's broken my whip ?—Never.
Mr. Sttottas made a most animated reply.
The LoaD elttEr JttsTicE left the case to the Jury; anti,
after some deliberation, they found a verdict for the plaintiff—Da.
Images one hundred pounds.

OXFORD CIRCUIT.

STAFFORDSHIRE ASSIZES, STAFFORD, JULY 22.

These Anises commenced this day before Mr. Baron GARROW
on the Croirn Side, and Mr. Justice Btranouort at Nisi Print.
The calendar contained the' names of twenty-three prisoners, of
whom one is charged with murder, and another with coining. On
the Civil Side only thirteen causes were entered for trial.

thing, arid she was pleaaed, he was put down in a twetnete;
launh.) • • •
Itcolgmitt„Lawley mitt, I was a mairt4l,m:eti; I agi-eed kith the;
defendant rcP: ale to tity_hteri.ati.dxpenee titisrt, and when I Nut
•v hi '
the

to pay Le b.f.!, I saw WE Kettle. turd •
tote plaintiff,
there *a.-
a quarrel about the &core, and I said to the plaintiff; ^ You need
not mind which ley the score is ;" and she said she had a share of
the profits.
.-
glary EgeftiMpriiVetitliet titeldstintiff tbolt In sewing, gird other
work for other people, besides the defendant.' •
Mary Rogers said, the plaintiff took in retching, Add hef board
and lodging was worth all she die..
Mr. Justice liennou"rt istopring Mr. Campbell's reply) told
the Jury that there was no ant'wer td the Stu: It was proved by
many witnesses. that there was an express contract to pay the !dein.
tiff sixteen guineas a-year, and the crsfendant v.•tot not a pcor tnan;
for his houses alone would bring hind in near 2901. a-jetb. It *as
for them to say, what the proper comperusition. ought td be. Thi
insinuation was, that the parties were living together iinproperly,
• bet the Evidence was quite the other way.
The Jury, after a very long deliberati6; failnd for the Plaintiff;
Ifor two years' wages.
' Mr. Castruer.c being dissasisfied with this findint, risked for
leave to reply, which he did at some length.
Mr. Justice Tin trnoooll then told the Jury, the'. then was tall
proof of three years and a quarter's service.
Verdict for the plaintiff—Damages, 641. 12s.
SATURDAY, JuLir 11.3.
tIVII. son
Before Mr. Justice Rtralto,:o::,
SELLERS 0. TILT,.
As soon as the cause was called oh the titheises were Ordetett td
withdraw from the Court.
Mr. CAMPBELL stated that this ittu I can regain* their
serious consideration, as it was brought before them to rescue the
plaintiff's character from it Most groundless calumny. The de-
fendant had conceived an enmity against him, and Wished to shim
that the plaintiff was wholly unfit to tie received among honest
men. Same years since tilt inhabitants of Stafford had Certain
rights of common ; but by an Act of Parliartfent; passed in the
40th year of his late Majesty, the common wars directed to be en-
closed and an allotment given instead ; and a Treasurer was Pp-
pointed to manage it, but that was a gratuitous office. TO that
office the plaintiff was ciente. in the year 1823; and on the 2d of
October in last year he said the plaintiff had robbed the buegesset.
and he would be revenged on him. The races at Stafford art
held on this common, in fact it is the Rut course t tut
on the races beings held, the persons coining there pay for the da-
mage they may uo by a trifling toll. On the 13th of October
last the races took place, and the defendant imputed to the
plaintiff a specific fraud, for which he might have been tranenorted.
for he said, " you area thief, you are h robber t fOr jou receive lb*
money and put It into your own pocket, and you could not pay your
way without" This was a charge that required some notice, palest
an apology was made. The plaintiff salted tint, but it was refused,
the defendant saying lie would see it (Mt, afat a subscripa
tion was made to defray the eepthsc of this defence t but I
the defendant was willing to make sL h reparation as would pile the
plaintiff in the same situation as he was before the *ords *Pre
spoken, he would even ilow he perfectly satisfied.
Lewis Spilsbury saTcl-1 know these perdu: t tefnbnAet the
Stafford races, 1 was there, Ind so wer,r the plaintiff and defend.
ant. 1 went with the former td collect the toll, and the defendant
who is a gluier, on geeing the plaintiff ask a person for the toll a
2d., said ,to that person, "Don't. pay him. he is a dead rogue,
swindler, and a thief; he gathers the tolls for himself."
Cross-examined by Mr. llvasEL—lle said I was one or the d--d
set. I don't know that he meant that we both belonged 10 the e-
lcbrated Mr. Ste Sutton Cooke. I don't know that s- ' •

A don't4knhcibe* I:6ltaaged to thettheplaintiffF" .Ir. Stamp
way the lion. Mr. Cooke'. agent. Tilt races hate only beeq_held
within these three or four stuars. I saw several pEople With E. O.
tables. We asked theft fur the toll, and a table rot prickillg the
garter altA. The E. 0. talle 'Would not pay 10, hoe would Wallet
gaining table. The plaintiff then asked fot toll oft 'Milian who
had a gingerbread basket, but the woman said she had 'add nos
thing, and was rot liable for toll, but as the toll was 2d.. If the
plaintiff would buy threepenny worth of gingerbread of her, and
give her a penny, that would be right; and he gave het a pennj.
and took the gingerbread.
Mr. .1 entice Bt;la no ucw—ls that tilt *Ay ran Colleet tolls iii
Stafford it
The witness—that was all the toil *I got.
Jane SPilsbury, the wife of the last witness, said, ti i till Oh
the race coarse, and heard the defendant say the plaintiff was a
anindler and a robber, and that he was swindling the money SO pits
in his own pocket. I got away as fast as I could.
Elizabeth 010 .zr proved that the defendant Called the !admit
an old rascal.
Michall Slim eat the defendant On the course, whd Sala he
would takean aceount of all the toll they received, tot they
no right to any toll at all, and it was a dead robbery on the pubge i
and he said also that Sellars and Spilsbury. Were colleitting nietney
under false pretences for their own benefit
Several other witnesses proved the speaking br Utlat *tittit of
nearly similar impart.
The Learned JUDGE intimated a doubt whither theft trait 114
legal right to collect these tolls ; but that that question could net
be tried in this form of action.
A good deal of evidence was adduced to proVe the Siterthifij
in the declaration that the plaintiff was duly appointed collettOe or
these tolls, but this failed.
Mr. RUSSE'. objected, that as this proof had failed, tiles ptainut
must be nonauited.
Alr. Justice lluanotren having mad thtough the ,
of , -talon that this proof was essential to the ease; and It

CIVIL SIDE.
Before Mr. Justice Busily:it:Gm
NETTLE V. LYCET.
Mr. Castrawt.t. stated that this action was brought to recover
&11/, from the defendant. The plaintiff, Elisabeth kettle, had been
a servant of the defendant, who was a person considerably advanced
In life, and had rented turnpike gates, but after that he took the
Waggon and Ilorses public-house, at Wolverhampton, and en-
gaged the plaintiff to assist him as servant there. The plaintiff
agreed to become his servant, and though at first no specific agree-
Damara' come to, it was afterwards agreed that she should be paid
sixteen guineas a yser. This continued for near three years, when
the defendant grew tired of his new line of life, and after that he
again took another turnpike gate, he, however, keeping on the pri-
vate house, which was kept in order by tl.e plaintiff. He should
prove that the defendant had repeatedly promised to pay the
plaintiff her wages, but had put oft the actual payment by different

excuses.
Samuel Itlanael said, I live at Wolverhampton. I married a
sister of the plaintiff The defendant came to me and said. he
wished Miss Kettle to become his housekeeper, as he was tired of
toll-gates. and wished to alter his situation by taking a public-
house. The plaintiff had, before that, lived at 31r. Sparrow's. I
communicated this to the plaintiff: The defintlant said he would
give her handsome wages, and the witness went with her to him.
The defendant afterwards said he would give her 1G guineas a-pear.l
He went to the public.house, and the plaintiff went there in Sept.!
11121. I advised her to agree f,r a certain sum for wages ; and the!
plaintacalled the defendant in, end said, " Now let us agree
about my wages ; I used to have 15 guineas where I lived before,i
and if you don't give me 16 guineas I won't stay el and the de-1
fondant replid, " I will not only do that but give you a handsome'
present besides." The plaintiff* continued to live with him all the I
time he staid in the public-house, which was sixteen months, and
then he went to different houses, where she lived with him, and
finally quitted his service about Christmas, 11V4.. A little before
that time I went to the defendant. to ask him for her wages but he
refused to pay then, using very abusive language.
Croon-examined by Mr. Ctrawooti.—l don't know that the
plaintiff is a pleasant woman ; she his her teavets as Well as ()Merl
ladles. I don't know her age, she never tells it ; ate may be forty.
The defendant is 70 or more. She lived as a servant, as far as 1
know. The defendant, after leaving the public-house, lived in a
house at a rent of three shillings a week, and yet he wanted a
kousekeeper at 16 guineas a year. After that the defendant took
another turnpike, but I don't know that ray amial.ie sister
scratched his face because lie took a young girl as hie servant.
Sarah Manse) said, I urn the wife of the last witness. The de.
fendant, in 1821, sent fin me to I is house, to ask me to write to my
sister to come to live with him, far he was going to take the Wag.
gon and Horses public-house. and that it would be of no use to him
to go there without having it housekeeper. I wrote to her, and after
that the defendant frequently came to solicit her to live with him.
She entered his service in September. 11;21. I heard the defendant
promise to pay het, and that more than once, but be said he could
not get in his rents.
Sarah Bevana said, my husband is a tenant of the defendant;
he has nineteen houses that he lets to different tenants.
Cross.examined by Mr. CURWOOI3—The plaintiff' was as kind
to the defendant as if Rho had been his wife, Ind did for Mtn
as much as a gond wife could have done. I live next door to
where the plaintiff lived with the defendant ; I paid three shit.

declafilidri
was of opinion that .4e and It *Ai
not proved that the plaintiff was collector of these tolld, oT Mai
there were even any tolls to be collected, directed the plaititar
to he nunstitted.

atieno secret of his intention to net up business
darts charged him with bad faith towards them in dolt
resolutely denied that it ever wan in:ended by this %tree
should engage in business actun. The defendants, in
ne, having dtscnarged it perm named Patten tiom
oyment, he won beca:ne the conductor of a rival tea au
d they having reason to supple that the new " esuibl
is carried on by Cobb, were iralignant at such unfalrna
pries moll hIlKs,
men anise an angry " war of enrda," to which succeed,
ry campsi•gn, and finally the litigant of 'Woburn having
the spleen of the village, sought the motection t f the
sc having lasted g, at length went to the Jury, who
e plaintiff owe Artli;ag ditnaLl'a, expressing at the sat
ish tnat they bad the pow . to rsa:.e a •:h party pay his c
this bORDSHIP observed, that lie thought the suggestl
oper one, and he should attend to it, as it wan in his pc
et that Ot.i”LN.
ORINTIN V. IRONMONGER AND OtHEIL
31r. KELLY opened the pleadings. This he said was
the ease, to reeovettlamages sustained by the plaintiff
me the defendants' catch, by the negligence and imp,
let of their servant. The defendants pleaded the genus
Mr. STORES stated the plaintiff's
Mary Bell was the first winless railed, she was examint
Et.s.r—ne was, she said, a manger the old Oua