The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-09 00:00:00

LAW INTELLIGENCE.

Crn7R/ W KING'S BENC/I, WlSthlt w lutist
The Court was occupied a great part of the morn.
ing ir. justifying bail, and dio::arging Insolvent
Debtors ; amo..g the Lair was a Anon of the
rim? of Anderson, who *IS broutiltOwp by his
creditor, a Mr. Temple.
This Insolvent had been*brnool:t up f r the par.
pose of prevailing on him to make an assignment of
his prop,:aty to his Creditor, pursuant to Aft of Par-
liament ; and although he was cautioned upon a
homer occasion, that by that Aft. transportation '
would be the result ni his refusal, he still persisted
inotot assigning 'o this gentirman, who alone of All
his creditors was entitled, but offered to Assign to
any other creditor except Mr. Temple. The Court
remanded him, in order to give him time to consider
what he should do.
Nothing of any public importance occurred in the
motitats of the day.
At one o'clot.k. Lord Ect.esssouonois sat at Niri
Prim, when the following cases were tried

COACH OWNERS.
IIIieRSOH and OTHERS O. consent'.
This was an aftion brought by Messrs. Ibberson
and Co. of the Blue Boar, Holborn, prnprietors of
the Birmingham Telegraph stage coach, against
their servant, the driver, to recover the amount of
such sums of money as they had already been
obliged to pay, and were still liable to pay. by rea-
son of the Defendant's negligence, in overturning
the coach above-mentioned,
It appeared, that, on the morning of the 3d of
June, 1806, about four o'clock, the Birmingham
coach was setting out from the Angel Inn, Oxford,
on its way to Inocion, and had to make three or
four turns before it came into the high road. The
Defendant, who was the driver, having had some
dispute with the horsekeeper, mounted the box in a
passion, and drove off at a lotions rate, whipping
his horses most immoderately, all along. The
guard and passengers being aware, and alarmed et
their danger, called out to him to desist, but to no
purpose ; until turning out of Coach and Horse lane,
(a narrow passage) into the High-street, the car-
riage upset, and no less than eight of the passen-
hers. besides the guard, were severely injured. One
ad his collar-bone broke, another a leg, another an
arm, sod almost the whole of them were injured,
more or less ; in consequence of which, the Plaintiffs
nad been obliged to make reparation to three of
them, and were still liable for the injury sustained
by the others. They had paid to on. Gentleman 10
guineas, to another 50, and to the third I°o guineas
The defence attempted to be art up was, first, that
thePlointlffs had harnessed a young restive horse,
lel r BOINes, as a leader, by way of experiment,
and the Defendant being as excellent driver, they
thought he would be able to break him in. The
nes. defence was, that, by the negligence of the
guard, the drag-chain was not fixed up in its prcp.r
place. and getting entangled in the sway-bar,
was •he cause of the coach upsetting.
One witness for the Defendant endeavoured to
chew, that the coach itself was badly construeled,
and was at all times dangerous ; yet it appeared
that this man had driven the same mach. several
months. without any accident occurring. The owi-
deem. hnwevet, fell very short of the statement.
Lard E LLLLL neouan, in summing up the evi-
dence observed, that the Plaintiffs in this case
were imtiled to a tribute of praise for bringing
this seems, and for the manner in which they con-
(allied it. Alter paying a proper compensation to
the pawns injured, they then name to the Court for
'dress, instead of doing that which was too fte•
vently praßised, defending an adlion against them
the means of perjury, which was generally the
..ase, where the party gave a release to the
coachman, in order to make him a competent
; when the coach-drivers were once
taught to feel that they were responsible fur
oleo conduß, many of accidents of this( kind
o ell be prevented. The Plaintiffs, therefore,
mere clearly entitled to such sums as they had
proved they had paid to the passengers, who had
-ustained injury. l'he only sums provod, however,
v. re Ike twenty gnineas, and fifty guineas ; but the
Jury would ALSO considet what furi!ier damage they
had sustained, in the repairs of the coach itself, the
oiring afloat r coachman for the journey, kc.
The Jury, after a short consultation, found a
verdia of lOU guineas for the Pla.ntifa.
Mr. Patens, for the Piaintaff., then declared, that
the money was no 0hj..0 to his clients ; they only
wished to succeed for the sake of public example.

ASSAULT.
DICAS, V. LLOYD.
This was an atli.:n of assault, brought by one
Attorney against another. The parties raided at
Stapford, in Cheshire, and the Plaintiff had taken
out Summonses on behalf of a number of Journey.
men Cotton Spinners, againrt their Master. The
investigation being to take place before the Rev.
Charles Prescott, a Magistrate of that county, the
Plaintiff, with his Witnesses, attended in the morn.
tog, at the office of the Defendant, who was Clerk
to the Justice, and at whose office the magisterial
business was trasisaSed. Aker waiting some time,
the Defendant at last made his appearance, and
without any previous ceremony or provocation,
struck the Plaintiff on the face and breast, turned
him into the street, and then repeated his blows,
accompanying them with gross and abusive 1.40.
guage.
Mr. Tome*, for the Defendant, admitted the
assault had been committed, but urged the improper
conduit! of the Plaintiff, in availing himself of his
privilege as an Attorney, in bringing this *akin to
be trie.l in Leatiou, at so enormous an expense, in
bringing up so many Witii.sses from Cheshire, when
the question might have bei.n tried at the Session:.
or at the last Assizes.
Mid s• • • -- -

Lard Et 10110W:41f in addressing the Jury,
ablitininsadverted with some severity upon thLi con-
tinent the Plaintiff on bringing this Attion hetet in-
ured of la Cheshire, where the pasties were known.
Thalug. Ater some animism:mi. found a vex-
Ji4toila lbr the Plaintiff.
coat iitit4 PLEAS
nAitti. o. TICILES.
•
This was an salon brought by Mr. Bayley aglinst
a Me Tucker, as attoniev. the ernioniis

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an affirm aoairst a Mr Parsons, for whom Mr.,
William Batley, the present Plaintiff, becan ,t.
Besides which, there were several oiler
which this Parsons had been led, and in some
of which, this Mr. Bayley bad, along with others,
also been bail for him. The bail becoming aountis
for their own safety and security, a meeting rook
place between Parsons, Bayley, ar.d a Mr. John
one of the other at the chambers of Mr.
ker, , who was Parsons's attorney. Upoll she ellif•
j,,51'0f renderi.;g Parsons in discharge of his bail.
1 tidk-r said, he would not stir a peg until he was
paid 251. Upon this, 201. were paid by Parsons
himself, anJ 41. 10s. was paid by the bail, Mr.
'Pucker having agreed to accept of these sums,
am to 241 10s. as the total charges in ren-
dering P.rs ins in five diffent Acton§ ; At the Saida
time assuring the bail that they were perfolly se-
cure, and might go home and sleep quier4r, It
afterwards turned out, however. that Mr Tockei
only surrendered Parsons in four of the aaiana
which depended in the Court of Kings' Bench,
Faring the fifth one, which depended in this
Court, in which he did not surrender him, on
account of a writ of error heing men pending.—
Mr. Hill, the Attorney and wiginal Plaintiff
against Parsons. some time afterwards sued
out a writ of sue facial, and an etecutien kJ-
, lowed. Upon this happening, Stiffer went-lha
Tucker, anA acquainted him or the event, cones?.
ing that he had employed him as his attorney I end
that it was, therefore, his duty to free him from a*y
further trouble or expense. Mr. Tucker told
Misr to go to a h.r. Morgan, his former attor-
ney, and desire him to ant!), to the Sheriff, and to
have the money put into his head', and upon the
matter being determined, the money would be re.
stored. Bayley, honever, instead of doing this,
went to Hill, the other attorney, who told him that
Tucker was the man who ought to have paid hien
the money. Hi!! persuaded Bayley to employ him
and to put the money into his hands, and he would
engage to recover it from tucker, and consequently
the present aaton was brought under the drreaion
of this Mr. Hill, in the name of Mr. Bayley, agaitee
the present Defendant.
This anion was lately tried by a Jury, and a vet-
die was given for the Plaintiff for 211. Tb. two
principal questions on the merits were, whether Mr.
Tucker was employed by Bayley, as hie attorney, so
as to ntske him responsible and tun, whether the
condua of Bayley, in not going to Mr. Morgan, or
*Cling according to the diredsoos given loos, de-
prived him (Baylry) of his right of &aim atom
Tu:ker ?
Mr. Seijeant Env argued that there wars two
grounds far a nonsuit, it being stated in the decla-
ratton that the Plaintiff bag employed. the Defend-
a ;t, had paid him 231. for inch renJering, and had
faithfully pi omised to pay him inch other reasonable
demands as might be made; while the second count
was at vasiance with such a statement. The next
ground was, that 'I ucker never was employed by
the bail, and therefore Tucker was not guilty of any
aegligence.
The Learned Juno ma severally pre their opinions
at considerable length, which we regret our li-
mits will not permit us to detail. It seamed to be
the sense of the Conn. that the promise to sumo.
der, in doe time, as contained in the contras, was
the surrendering at a time, when, by not dotog so,
the bail would be liable. In the ptetent inseam*,
there was a writ of error, which suspended all pro.
ceedingi, and therefore there ought not to have
been any execution against the bail, unless it ap-
peared that the writ had been brought merely for
the purpose of delay. Instea 1 of the bail bringing an
anion against fucker for an irregularity, he ought
to have brought one against Hill, the attorn 7, for
his miscondua. and fucker had a right to com-
plain against Bayley, for not having followed his
advice. The contra& was one between Parsons and
Tucker, and not betwixt that attorney and the bail.
This anion seemed to be one which failed in its
foundatioa ; and from the whole circumstances of
the case, there appeared to be grounds for a non-
suit, the breach of contraCt, on the part of Tecker,
not having been sufficiently proved.-.Planitif rag.
seised.

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The I 3th Light Dragoons, now on the coast duty
at Deal, Sandwich, and Isle of Thanet, are ordered
on tbe Kt no's duty At Weymouth, and will probably
march in a few days.
On the 3d instant, betivren ten and eleven
o'Lluzk, as Mr. MACA RTY (priest of Ltican), and
Mr. LYNCH, junior, were returning from Dublin.
they were attacked by six robbers, near Curtiss
Stream, who shot Mr. Msearry dead, and beat
Mr. LYscm very much, and robbed both of their
watches, and whatever cash they had abant them.
The priest was a man of most excellent charaarr,
and very much esteemed by all descriptions of people
in the pirish : his loss is much regretted. Patrons
areireneeforward to take pier, between Lucian and
Palrnerstown. Since writrig the above, the driver
of a jaunting-car has given such information to
Justice Wits.oces, as, it is hoped, will lead to a
discovery of the whole gang; he is now in waive
pursuit of them.—(Dotlise Parr.)
Yesterday morning. while the Guards were on the
Parade, to St. Jatari's Park, a party ot the Horse
Guards passing at the time, the trumpeter's horse
became restive, plunged, and rolled over him, be
which accident he was very much Limited, t!'uti;;h
it could not be asHtrtained that any banes were
broken. His Royal Highness the Dike of Car.
IRMO', being present, direaed that he should be
sent to the Hospital, and every care taken of him,
to render his situation as comfortable as possible.
A few days back, a rtiosatkable circumstance
occurred near Dover, in which the hand of 1-.-ovia
deuce seemed particularly to have interpesed. Two
girls, one of whom had the care of a child, went tar
a walk with Is, on the heights. at the back oCthe
town, when Imprudently mutat it town Mir the
edge of the Cliff. and pies a mall distaste Rhos
the spot, the child, in to rise, and the
ground beirg on the sleclisatte:.ittl over ; no assist-
ance ot cour,e, on their part, cesh be tendered, as
the Cliff was nearly perpendicular. troth very Mei
growing on ltownever, on their gno.it viand,
which was a considerable distance, vrry ciasc•vored
the child suspended by its elotfes hanging to a
shrub which grew oot of the Cliff. fi.,sh whence it

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