The British Press; or, Morning Literary Advertiser.
London, England, 1826-04-06 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCITIT—Voftt, A Pan. 4.

FORSTER e. PEARSON%
?Ir. POLLOCK having opened the pleadings,
Mr. SCARLET? stated the case to the Jury. It was an action
brought by the plaintiff; a flax-dreaser and mill-proprietor at
linaresborongh, against the defendant. for a compensation in du-
, tillages, for injury sustained by ninon. driving of his servant, the
cimchman of the Retaliator stage, which win overturned on the
13:h of April last, on its way trout Leathern Knaredwirotigh. On
that occasion the plaintiff had his thigh dreadfully shattered,
which had rendered him a crippk ever since, and he probably
would remain so for the remainder of his life. At the time when
the accident happened there were six or seven remiss on the stage
one was a Scotchman, who was seriously hurt, two ladies, and
several other passengers, who were also hurt, and one poor boy Mill
killed ; and so serious had the accident been to the plaintiff that it
had cost him nearly lOW. for surgical aid, &c. dnving his eleven
wee&'s illness, in which he hail been confined to his bed. The
Learned Oentleman concluded by observing that stage and
other coachmen 1)61(11 themselves on being ahk to turn a corner
with rapidity, and thus display their dexterity, which was, to
say the least of it, extremely censurable. and had been, in se-
veral instances, the cause of serious accidents, There was one
dreadful instance of the kind upon 'record, it was, that astdch
had happened to her late :Majesty, when the carriage, in tent-
ing a sharp corner near beatberbead„ was overturned. The
postillion?. conceived, as they had Royalty to escott, that the
more handsomely they chewed off the more it would redound to
their credit, hut what was the consequence. Mica Cholmondeley
was killed, and the Princess very much hurt. After this statement
the Learned Counsel proceeded to cal/ witnesses.
Timothy Hunter, examined by Mr. PotAnws--Ile is 11/ years
of age in April; last year be was a passenger front Leeds to
Knareaboreugh; the coach was the Retaliator ; knows Mr. Forster,
the plaintih'; Mr. Forster was on the box ; witness was In thesis,*
the coach was driving quick between Leeds and Harewood ; there
are hills • the plaintiff said, before you come to the hill near Hare.
wood, James. lock the wheel ; the coachman said there was not
such a great load, and he (plaintiff) need nut be afraid of any ac-
cident ; after he got out of Harewood, the plaintiff' said, James,
pull up, or I am aura some accident will happen ; we changed
haloes there ;he said, pull up, pall tip," more than once; the
coachman seemed to take no notice; the horses were going ten or
twelves un hour.

By the JITHOE—They were on a canter; he has travelled be.
fore ; it went faster than the usual pace.
By the JUDGE—It was going faster than usual ; the straight
road would be on towards Ottley ; the coachman drove on until he
came to the turn where the coach fell over on the left side, the
horses were going to the right, opposite the bar, after the turn ; the
road is level, is good road ; cannot say what npeet it ; saw no stones
in the road ; Mt. Forster was thrown on the ground, his thigh was
hurt, and the skin was grazed on one side of his face; all the pas-
sengcrs were upset ; the plaintiff complained of his thigh.
By the JUDGE—He was taken in a gig to Harewood, the place
where they changed horses.
Cross-examined by Mr. BROUGHAM—The hill Is steep at Lord
Harewood'ii, lately no accident happened there. Harewood bank
is not so steep as Harewood gate. There's a lane for somewhat
lees than a quarter of a nude. Came safely down there. Don't
recollect seeing a cart there. There might have been one. He Saw
no stones. If there had been any thinks he should have seen tlkm.
Will swear that the horses were all cantering.
By the Junoe—lip to the time of oversetting, the coachman
did not pull up when he went down, nor when he got there. Will
swear it. He was on the middle seat.
By the J DGE —Mr . Forster wto sitting on the left hand side.
The toll-bar man was at the ga'e.
Re-ex6mined by Mr. SCARLETT—The coach vett every day.
The coachman, he has no doubt, was acquainted with the road.
It wits going at that pace when it was overthrow. \Violets don't
know how he got down. lie found himself on the ground. Ile
was two or three yards from the coach.
By the JUDGE—Mr. Forster was two or three yards from the
coach. Away from the coach when laid over.
Henry Houseman examined by Mr. SLARLETT—He is a farmer
near Knaresborough. The plaintiff is a flax dreser. iVitness was
a passenger on the 13th of April (rein Leeds to Knaresborongh.
The coach goes every day. It might be four o'clock when they
started. Witness had a seat behind the coachman. There were
two women. Be drove rather quicker than common travelling.
There is a steep decent near Lord Harewood's gate. He said
nothing to him. He went quicker down Harewood bank. \Vent
at a smart eanter. Twelve miles an hour. It proved not to be
safe. He did not hear Mr. Forster say any thing to the coachman.
By the Ju DG u—Harewood-bar from the steep is s quarter of a
mile. Ile was going quick when the coach upset. Can't say he
pulled up. Saw nothing in the road to cause the coach to upset.
The gate joins. Don't know that the proprietors are the lessees of
the road. The leaders were through the gate, but wheelers not,
when it was upset. He did not jump off. tie was sitting on the
left side. Ile met with no serious accident; he was stunned. He
picked himself up. Can't say if he was aix inches or six yards
from the coach. Saw Mr. Forster opposite the toil-house bar, at
the front. He believes he was not &Wks move, The speed of the
homes and the swing was the cause of its upsetting.
Cross-examined by Mr. A LDFRSOW—H e recollects seeing a cart
he was sitting on the left-hand side; he did not observe any rough
stones in the road •, he said no blame was at all attached to the
1 coachman, only the speed ; has not sworn that he said that there
was no blame attached to the coachman ; he did say no blame only
from the speed ; don't know Bigger was on the coach ; don't know
him by that name ; .here were two women and a boy coming to
Knaresborough ; there were six outside passengers besides the
coachman; the horses were cantering ; will swear they were not
trotting ; they were on a canter when they catrie to the gate ; he
saw the toll-bar keeper after he got tip.
Bentley Myers examined by Mr, FULtocg —He is coachman
to Mrs. Nelson, at Otley. He was near the bar when the coach
upset. Near the public house on the bridge, two or three hundred
yards off. Saw the coach come down the hill. It was coming 12
miles an hnnr, that is down the hill. There is a level, about a
quarter of a mile. It came down the level rather quicker ; It was
not a safe lace by far. He had mentioned before to the hostler
that the coach came down very. quick. He did not see the coach
overturn. He saw it when it was overturned ; it was on the left
side ; the leaders wFre throusdi the bar. They were at a smart
canter before it wail Spiel%
By the JullGe—Ple could not see the wheelers for the dust. He
did not see the coach make the turn. It was not sate to make a
turn at that speed. There were stones, but they were out of the
way of the road • the wheels did tint go over them. The speed and
the sharpness of turn were the causer of the accident. Ile found
no other cause than that. He saw the plaintiff; he appeared to be
much hurt.

Cross-examined by Mr. BnourmAw—The public house is at
the bridge toot. It is on the Leeds road. He was on the North
side.

By the JUDGE—He was on the Ilarrowgate side of the bar.
Examination resumed.—lt was coming from the bank. There
was ten yards of very good road. Ten yards in width. He might
be fifty yards from the bar.
Mr. likoUGliall said, on behalf of his clients, that they had
been extremely solicitous about the welfare of the plaintiff', and
had made daily inquiry after his health—and that his clients were
wiling now to make an offer of 3001. if the plaintiff would accept
the offer without going to the Jury.
Mr. SCAULETT (consuhing his client) said he had no objection
to accept it.

Dlr. 'Justice BAYLEY—ft Is a very fair offer, and I think the
plaintiff does right to accept it.
Verdict tor the plaintiff—Damages 3001., costs 40s.

TILE EARL or to ARTMOUTIt v. ELLIS.
In this cause there was a verdict by consent for the Noble Earl,
subject to a reference to 3lr. Maude.
Damages 5001. costs 400.

WILSON v. CAPE&

Mr. Bnounttsm staiedtheca;e to from which it ap-
that this was an action arising out of a promissory note,
Ca VOL given by the plaintiff to a professional gentleman of
the name of King, to prevent an indictment for perjury against
his brother.

The note in question was dated " Lincoln, 18th Jan. 1825, pay.
able six months after date, to Mr. King's order." On its being
presented, where it was made payable at the drawer's. No. 8,
Holburn-court, Gray's_inn, it was refused payment, the defendant's
brother contending that he had been induced to give it under a
threat of a prosecution from which he had nothing to tear.
He said that he should resist the payment, and in consequence
of that refusal the present action wag brought. The bill had been
endorsed, but not paid away.
His LORDSHIP said, that the note being obtained under a
threat of a criminal proceeding, the plaintiff could not legally
recover; and hinted, that he thought if the party pressed his case
to the Jury, the result might end in an application to the Court of
King's Bench to strike the party off the Roll.
3lr. BROUGHAM, on the part of his client, acquiesced in his
Lordship's suggestion, although, he said, he had another to fear on
that head.

Tl,e plaintiff was accordingly "called."
Several causes being deferred, the Ast.izes rather abruptly ter-
minated, precisely twenty minutes before two o'clock when his
Lordship thanked the Jury for their attention, and said they were
discharged.

In the Jury Court-itEdinTiurgli, last week, Dr. J. Ha-
milton, jun. Profe,sor of Midwifery in the University
there, obtained a verdict of 100/. against Dr. T. C. Hope,
Professor of Chemistry in the same College, fur calling him
a liar, in a discussion which took place among the profes-
sors, on a memorial presented by Dr. Hamilton to the Ma-
gistrates of Edinburgh, pointing out defects in the system
of medical education in the College, and particularly
charging Dr. Hope with not teaching pharmacy to his class.
The best dentifrice that can be used is common table
salt ; it completely dissolves in the saliva, and produces all
the friction that is necessary for cleansing the teeth.—..lfe-
died Adviser.

IVe have nothing of a public or private nature from
Prome later than the date of the letters which stated that an armis-
tice had been concluded. Letters. previously despatched. men-
tioned a report of the Burmese force at hileaday being in great
confusion ; the chiefs dissatisfied and quarrelling with each other ;
and the troops daily decreasing from constant desertlon,--Cakiam
Paper, 0e1.13.