The British Press; or, Morning Literary Advertiser.
London, England, 1819-06-04 00:00:00

pass Sir. Tooke—and, wlirsi hr felt that the wheels of
the vehicle* touched each other, he should have eheelc•
ed his reins, and thus avoided the accident. With
respect to the evidence given of the humanity display-
ed by laird C. Churchill, he aliouid only say, that he be-
lieved the Noble Lord felt all that had bete described
deed, to doubt the fact would be to sisppuse that hr had rut
How feelings which • ern 1111 beast of the held pmmy/.
His Lordship, as a man ni rank and education, had, he be.
hewed, displayed the o humanity on the occasion—but
this did out relieve him from the charge of having acted
Negligently in the first imitaitre. With respect 10 the state-
meta that Luill C. S. Churchill attended a ball OD the even-
jog after the accident, it WWI erronenna —lt was an emir
copied irons a Morning Paper7—ailit was mentioned in ouch
a way as evideoily chewed that the Editor looked
upon the statement is a very doubtful point of view.
Mr. Hunt, he was authorised publicly to state, was ex-
tremely sorry fur it. As to the remaining publications, be
admitted that they contained matter which ought not to
have Spreiteil, tail Wl4lll could not be fairly or properly
applied to Lord C. S Chuicliill. Hut, when it wee recall-
lected that pruceecdings were instituted iu the Court of
Bench, and that an indictment had been preferred on
the came subject, it was not surprising that some degree of
irritation should be excited. The Learned Omuta then

called—
Mr. James Bradshaw, brittle-dealer, of Sloane•terrace, who
deposed, that on the 20114 of M. ISIS, be was retiring
from 11w (mural of one of his children, when, near Smith.
street, his attention was Co ite.l Iu * gentleman in a dennet,
•hu called oat " !toy!" Ile was &hiving very quick. Be-
fore him there wss a chaise, in which were a gentleman and
Iwo ladles. There was, at the same time, a chaise with a
gentleman in it, coining tuvrards Loudon. Wetness saw
the gentleinati in the delinet endeavour to pass between the
chaise iu which were the ladies, and that which was coming
to town The vehicles came in collision, and Mr. Tooke
was thrown out oat ibe,right side, and on elderly Indy Olt
the kft of the chaise. if the deniset hid bees checked for
a moment or two, the accident would not have happened.—
Mr. Tooke was driving moderately. If Lord C. S. Churchill
had nut endeavoured to pass between the two vehicles, no

accident wuul•l have taken place.
Cross.ermairerd.—Hr, witness, thought the two chaises
had passed him about tea yards, wheu the accident occurred.
He could nut see what Mr.Toulie did to his horse. Prior to
the accident he slid net know Mr. Tooke, but he had since
Leconte acquainted with him. Mr. Tooke had seen him
about this business. He did not see Mr. Tooke's carriage
swerve to the left M. right before it was struck by that
of Lord C. S. Churchill—but be could net swear that it did
not.
Mr. Isaac Tooke stated, that, on the 10th of May be was
proceeding in a chaise to Chelsea, accompanied by Mrs.
Gilding and Miss Shed" in. Ile heard souse person call out,
" Hoy r' and, on ►ooking routed he save the denote' of Lord
C. S. Churchill. At this time there was a chaise coming to-
wards London. Lord C. S. Churchill dashed hawed' the two
vehicles so suddenly that he had no notice of it. He could
not say how quick he was driving, but hr was going very fast.
His wheel came in cooled with that of witness's chaise, and
drove the off wheel against a post. The shafts were broken,
and the chaise-body fe!l forward. At this moment a chaise,
driven by Mr. Harris, toward' London, was abreast of the
two helusiging to witness and Lord C. S. Churchill. lie had
been in the coustatit habit of driving all his life—and had
kept the horse and chaise he drove when the accident hap-
pened, fur three years. The horse was • quiet one.
Cross.araetined —Witness had been a wine merchant for
18 years. Its bus own opinion, he was a good driver. On
two ucca<ious very ',Attie accidents had happened with
their horse—one tot Clapham Common, the other near
Eseter—when the animal was stung by a fiy. Witness did
not defend this action—neither did be authorise any para-
graphs to be inserted its the newspap►rs. When Lord C. E.
Churchill called out " Loy !" he might have been in waver-
satian wirh the two women. It was impossible for him to
go closer to bin side of the rood than lie was when Lord
C. S. Churchill approached. If he attempted to go nearer
he must hie.. ruts against the post. He mentioned the acci-
dent to the beadle, who was to collect the witnesses for
the Coroner's layest...bnt he gave him no instructions
as to the wituesses who were to be summoned. When
witness was taken from under his chaise, 1w assisted
Miss Sherwin to Mrs. Itobe►tsnss's. He ordered her doilies
to be cut, if it were necessary, bat he did not cot off her
pockets. Mrs. Gurling was ill fur a ls afterwards. Wit-
ness never published any paragraph on the subject, except
one, contradicting • statesnesit that the accident had been
occasioned by his ruauitig the chaise against l.urd C. S.
Churchill's vehicle. In that paragraph be did experts his
astonishment at the indifference which Lord C. S. Churchill
aliened on the occa ' . His Lordship knew from Mr.
Rowe where he lived, but never called toe or sent to him.
lie slid nut summon Lord C. S. Churchill to be examined on
the Coroner's Inquest, as it was not his business.
Mary Smith witnessed the accident, and was of opinion
that it was occasioned by the rapid driving of Lord C. S.
Churchill.
John Lester saw the accident, bat could not tell to whom
blame was attributable.
Daniel Margate also saw the accident, end said it was at-
tributable to the furious striving of Lord Churchill, who was
driving at the rate of 12 or 14 miles an hour. He measured
the road at the place where the mischief was dons it was
19 feet 10 inches wide.
In cross-examination this witness de•idi ever having seen
either of the Mr. Mai 1111 l igs (the Plaintiff's atturnies),
or
that be said Lord Churchill was only striving at the rate of
Noir or five miles an hour.
Mr. Gill, clerk to Mr. Platt, saw the tart witness measure
the road ; it was 19 fret 8 inches wide.
The libels were then put in and read.
Mr. Stirling produced the depositions of the witliesse.
examined 'wrote hiss. Jones, one of those witnesses, at-
tributed the accident to Lord Churchill. This man was uut
Mr. Fslhrook and his son, the undertakers who accompa-
nied Bradshaw Bud Mary Smith, stated that they were from
forty to fifty yards frets Mr. Tuokc wheu the accident hap-
pened.
The Messrs. Manning were then called, and they stated
that they had spoken to Margate, and that he had told them
Lord Churchill was not driving faster thou at the rate of four
or five Mika ass hunts
Mr. Wita-tasts, iu commenting upon this last evidence,
admitted that Margate was not to be believed.
Mr. SCARLETT having replied,
Mr. Justice BATLEY summed up the evidence. He was of
opinion that upon two of the I.bels the Plaintiff was clearly'
entitled to recover, and upon the third he left it for them to
say, us • review 011ie evidence, whether there was any
foundation for imputing the accident to the furious driving
of Lord Charchill—sur whether it was attributable to the
imprudence of Mr.Tooke himself.
The Jury retired, and after an absence of two hours, found
• verdict fo► the Platutiff, SOl. on the two fir.' COllllO, and a
verdict fur the Defeuslatit upon the third count, in which the
charge was, that the Plaiuttff had produced the accident by
furiously driving.
Mr. Justise t➢AYL[Y thotight this verdict would have a
very useful ruled.
The verdict was not returaed till eight o'clock in the
evening.

On Friday last the darner at the Norwich Assem-
bly-rooms, in celebration of the birth of the Right
Hon. W. PITS, was attended by 190 Gentlemen of
that city and county. In consequence of the la-
mented death of the eon of the Hon: Col. WODE•
HOUSE, none of that family were present, and a cer.
tan degree of gloom was thrown over the company
by that melancholy event. 3oIIN PATTESON, Esq.
presided at the centre table, Lord BAYNING at
that on the right, and Mr. KITSIER at the one on
the left.
Norwich Corn-market on Saturday was well atop-
plied with Wheat, which advanced about 2s. per
coomb. Bailey was also a trifle dearer. Little
other grain was offered.—There was not much husi-
ne,a done in the Cattle-market, and prices retrial.,
nearly stationary.