The British Press; or, Morning Literary Advertiser.
London, England, 1821-11-12 00:00:00


Isiontents Blta tope the ireilable date in which he
then was, itiefe4d Mr. Brogdeu to think he meant
'to justify what he had said. In a moment of anger
Mr. Brogdenshen hid bold of • smell-gig-whip,
which was Wanting' up in the room, and which
hid been broken before and tied together with
a piece of packthread ; and with this be struck
Mr. Stephens some blows. The effect of these
Mows *wog to break the whip still more, mid
the splintered. end, which. remained in Mr.
lltowhee's. hoed, coming in contact with Mr.
Stepherts'l head, • scratched the skin. Mr. Ste-
phens began to remonstrate on what had oc.
carred. Me. Brogden was ie anger; but the mo.
meet he saw fled there was some blood on Mr.
Stephen's face, be desired that a• basin of water
might be procured, with which he begged he would
•vre.ll himself' A Gentleman of the name of Tay-
lor Caw in at this tinte, or after Mr. Brogden had
urdererl the bosin of water for Mr. Steoliens to
wash himself. The whip lay broken on the floor,
mod when Mr. Taylor 00W what had happened, he
endeavoured to make wp the matter between Them.
In this, however, he did not succeed, and the pat-
ties separated jp anger ; Mr. Brogden baring sent
for a baltlene)r-coach, in which Mr. Stephens pro-
ceeded to lits'rowu house. The very next day Mr.
'Brogden, wlleremihd was much afflicted pending
the calamity hj which he was threatened, wrote a
letter, which hr sent to Mr. Lembert, who was an
ecqneintance of Mr. Stephens's, and in whites
he expressed his very great regret fur what he had
done, and that, in the state of mind in which
.be then was, he was most anxious to make every re-
-potation iu his power. tie requested that Mr. Lam-
ibert would make to Mr. Stephens this proposition.
Ile (Mr. Scarlrtt) was aware that this did not
.justify the cottrae Mr. Brogden had pursued, but
it would at feast prove the spirit by which lie was
-.actuated—that be was willing that the mutter
should be referred to any gentleman whom Mr.
. Stephens or Mr. Lambert might name, and that he
IMr. B.) woulrldn any thing (by which he meant
lloayinent of money, apology, or ally thing etre
might be
.considered proper) which that
gentleman • might think Mr. Stephens's injuries
..sought fairly to demand. Mr. Lambert returned
for answer, that he hail seen Mr. Stephens, and
that lie could not prevail upon him to come to any
accommodation.-A
few days afterward*. on...the
'ph of June, it was the misfortune of Mr. B. to
have to attend the remains of his wife to the grove,
imd as lie rettptied home, lie wits greeted by a let-
' ter from an ettornef, informing him that he had
, been- instructed to take proceedings against him
for an vand% The gentleman who had written
this letter sysa,Mr. Mayhew, a friend of Mr. Brog-
den's, but ~he made no complaint of the terms in
which it wee couched—it began, in fact, in the
Language of condolence ou the loss which Mr. B.
hart so recently incurred.
The Cum Jetnice—" The sum is very large."
Mr. Scatterer, in continuatiou—Mr. Brog.
den wrote to Mr. Mayhew to make au offer of corn-
• promise, hitt 111 r.% Stephens would not accept of
any. in cousevielbee of this refusal the proceed-
iogs.went on, end tar. B. haviug suffered judg.
ment to le; by default, not wishing to put the
Plaintiff to unnecessary trouble, the writ of in.
quire in question was executed. It Might now be
licer.aary to awe, that, on that isiquisy.,- •Ildr.
BrogilereliattTuo Couneel, fie made no complaint
thii, sty the attorney was a gentleman of consi-
..tlerable respectability and talent, and was not in-
formed that Counsel was to be retained on the
ether side, until it was too late to supply the de-
ficiency. When the 'ease was stated before the
Jury, d wee's:toted with great elequesice. and with
.cohselerable bkall and ingenuity ; but all the en-
., euusstancies. were• oggravated. It was expressly
'stated thin no -otter of reparation had been made.
This was not true, its the letter to Mr. Lambert
would meet distinctly prove.
The CHIEF JUsTICS—" I think you hare stated
enough—take your rule."
Mr. SC•IILETT was desirous of stating another
fact. which he thought not unimportant. The
Counsel who conducted the Plaintiff's case (Mr.
ewer' in his address to the Jury, that
Mr. Garland. the clerk to Mr. Broaden, was pre-
bent at the whole transaction.; and that if he over-
stated any part, the Defendant might call that
i•lerk to contradict him. But the Learned Counsel
did rot venture to call Mr. Garland himself, al-
though sidipunted on his behalf, contenting him-
hell soli calling Mr. Taylor alone, who sew nothing
of the assault, and who could ouly describe what
lead occurred subsequently. It was also stated, as
rat edditional aggravation, that Mr. Brueghel
brutually num:dole to the situation in which
the Plaintiff was placed ; whereas he lied made he-
•quent inquiry respecting his health, and expressed
the t4trongest anxiety fur his fate.
The CIIIEF JESTICE—" Take your rule to spew
cause."
•
COURT OF COMMON PLEAS,
• SATURDAY, NOVIDNISR 10.
•
ARNOLD t. FOWLER.
Mr. Srrjeant PELL moved fors rule to *hew
cause why the verdict for the Defendant in this case
aboiiet nut be set aside, and a new trial had.
It was an action brought by • Buckinghamshire
farmer against a Sumersetalere farmer. to recover
500/. for loss•stistained by the Plaintiff from the
rot imenq a flock of sheep, purchased of the De-
fendant under warranty. The cause was tried be-
fore . Mr. Baron Graham at Winchester, by a
Jury of Ihielpshire fariners.—The sheep were
-hiker) from !he Defendant's ferns in Bucking-
hainshire, and turned by ' the Plaintiff into
Bulstrode Perk for pasture, which the Learned
•Sfrjeatit described as land of,a destription the
Irast liable to cause the rot in cattle. Before the
• ground was broken up, fed the best veuison
its the county. of Bucks. The sheep, however,
ri sho:t lime alter theirremoVal into the Park, were
•f.O i to be infected. They had what is termed
the brer rot,. u disease in which the liver is filled
with animals called flukes or flounders, and is oc.
cr.iourd by bad herbage. The sheep were put into
• it ternip.firlii; a here they soon showed symptom. of
• rot, by quitting the fresh herbage, said eating dry
haves w the- ditches. They had &sipped their
lambi, and when the change of constitution took
• illace, in *couseritiettee of $ chauge of food.
they died. The whole 'flock, eunsisting of
eighty ewes," Inn! perished. The Learned Ser.