The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-03 00:00:00

SHIPPING INTELLIGENCE.

CUSTOM-HOUSE, blancs I.
SHIPS ZYTIAZD INWAIDI.—The William and Henry,
Francis, from Alexandria; Fame, Amoyl, from Ilamburgh ;
Abrinca, Mika's, from St. lichaers ; Elisabeth, Sky, from aot-
tenburgli; Sincerity. Smith, from Jersey ; Six Sisters, Clark, from
St. Michael's,Wellington, Thomas. from Dundalk.
ENTERED OUTW•ADS.—The Janes, Wilson, fur Elsineur
and St. Petersburgh ; %Verret; Hastings. Rawes, for China;
L'Espoir, Emens, for Rouen ; Laurel, Dunlop, for Cape Ilaytien ;
Caledonia, Clown, for Port au Prince.
CLIAIED OCTWAIDS FINALLY AT CRAVESTXD.—IIiptio.
menu, Ross. for St. Übe*, and Cape de Vend; (lope, Ormiston,
for flamburgh ; Frau Dorothea, Gilberts, for ditto.
Cr.xantwo Out wartiss.—Critis, M•Manus, for New York;
St. Mary, Burton, for Madeira. Barhadom, and Jamaica ; Fame,
Ilatrield, for Hamburgh ; Sophia, Rae, for Tampico (lilexico ;
Naiad, llempseed, for Almeira; Comet, Ormiston, for Madeira,
Teneriffe, and Quebec.

LAI.r IlfTrier.LlGTA'elL

COURT OF COMMON P1.E.4, WIDNESDAT, 41a.1a4t

Before the CHIEF JuartCE and a Special Jary.
ItOrtGAW r. LAMBERT.
•
Mr. Sergeant PE LL stated the pope to the Jury, and said it wet
an action brought by the plaintiff. a bile girl, named Ann Matilda
Morgan, for an injury occasioned her by the negligence of the
defendant's coachman. The father of the plaintiff was a baker,
and the defenßant was proprietor of a Madman and Poplar siege.
On the 20th of July. last the plaintiff was coasting the Commercial..
mad, with another little girl, ecnoipg frompcbool, at five o'clock in
the evening. The defendant's couch. happened to be driving up at
the time, ran against the children,threw one of them down, the
wheel passed over her thigh, broke it, cnd the coqsequenee would
be—her remainino a cripple for,life. lie would call witnesses who
would prove the defendant', coachman wan on his wrong side of
the toad at the time of the accident, although he was called out to
previously i but not in time ft; him to draw up till too late. This
case required po cdtnment, and hc should leave it in theit hand?, as
parents. to say what damages they would give.
The following witnesaea were then called :
Charles l'ineyard—Witness was ahopman to 3'r. Whole
hopse was exactly opposite the spot where the accident happened.
tie house was sometimes called Bromley IjOUte. it was • cheese-
monger's and grocer, shop. Witnem wan :n the shop at the Mao
of the accident. The stage Ina ease to the shop. It era, coming
from London, on its wrong side or the way. Saw a man just
&trove the stage coach ; he was opposite Demers-street. Witness
particularly observed the coach was cur.:no very near to the pave-
mem. The coachman's attention was called to the man who was
cross.ng the mad to the foot-path. He was veto near the pole of
the coach. This was nearly opposite Mr. Gallus' house. At the
same moment lie saw the children ;,they were then about sit yards
from tbe,eoach. Did not at first cb.erve rehnse the children were
coming from. They were pbout ten feet from the pavement, on
the side of he way 3lr. Gillins' house wan. When the itttimtion of
the coachman was called to them, he called oat to them " boy.-
The coach proceeded on its way, and the children were fraseked
down by the horses. The fore wheel pealed over the thigh of one
of them ; send upon the coachman's pulling up his hoesea, it re.
passel. There were soon/zees on the outside of the coach. It
was about five o'clock on the 20th of July. The children, after the
accident, .were brought ie!to the witness's shop. The troachmen
stopped to see whit was the spatter. The road it
.gravelled on the
aides. but is paved with granite in the centre. It is about or fits
feet in width .where the, accident happened.. There was a sewer
°pole! or: the opposite side of the way. The stied` oetnpied, per.
haps, one-third of the width of the road. There wan cothing to
prevent the coachman keeping on her proper side qf dread t there
were no carriages nor °that, impediment in the *mad, except the
sewer. After the accident the defendant called ma Mr. Online.
He did not direttly address himself to witness, Sett witness was
present whilst he asked Mr. and Mrs. Gillins in what manner the
accident had happened. l'pon whirls hg was told In the same
manner witness had just related it. When defenaant had heard it,
he asked what business the coachman had to be so near the curb-
stone, on his wrong vide of the mad. Other conversation pseud,
but witness did not notice it, as he was attending to bit work.
gentleman had since applied to witness to shCv him the spot, that he might measure the ground. Did not know the semicolon's
name.

Cross-examined—When the accident happened,, he was in th,
;hop, but was not attending to his business. Mrs. Gillins saw the•
accident, but Mr. Oillins did not. The children were crossing
from the opposite side of the way. fled every fncility for steins:
them. There were waggons In the road, Iguo not near the children;
they did not pass under a waggsn ; when witness first saw then
thee was no waggon near ; there was no waggon between him and
them to interrdpt his view at the time the accident happened.
Witness swears the .coachman called out to the children. It was
the coachman himself that called out, and not a passenger ; at
that moment the chiidten were just coming off the paved part of
the road ; there were abdut seven yards between the paved part
and the foot-path. The coachman Was driting at the nsurt pace t
did nut consider it to be fast ; there was only one pair of horses is
the coach ; the children were about eight year! of years; the chil-
dren did pot run backwards or forwards, but walked straight on-
ward withcut altering their pace. It was the horses kmeketi them
down.
Re-examined--Cllirly saw the nati..re of the accident.
Cross-examined by the (1411:* Jutrtciii—The children were
reading in a book as they walked along. One of them had het
arm thrown ovet the otht‘t's shoulder.

Mrs. (idling was in her shop at the time of the imii.ent.
confirmed the material facts peeved by the last witnesc.
Philip Bloodman—Witness has been carman to Kerrison and
Co. for many years. On the day in question he was coming to-
wards London on his proper side of the road. He saw the coach
coming up and called out to the coachman, but too late to prevent
the accident. Witness lifted the child up, and gave her won the
hands of a person who took het into the lut witsess's shop. There
was no carriage near the place at the time. In other respects he
confirmed the evidence of the former witness.
Cross-examlned—There Ives nothing like a waggon either before
or after witness. Witness can see before him, if he looks, and
behind him too, If he turns round. (A laugh.i The toad is newly
straight, with nothing to impede the view for two hundred or thus
hundred yards. There was nothing in sight when the accidenthappened. The children crossed right before his heroes' head.
Don't think his leader was nearer than two yards to the coach.
The coachman pulled Op his horses directly the child was thrown
down. witness called to the coachman. the children was
already down ; don't think the coachman saw the children.
Mr. Illingay was on the coach at the time. Ile confirmed the
general account already given, and added, that the coachman could
not go on his proper side on account of the sewer.
11r. O. Ilammack—lVitness was a surs•eyor. He tneasured the
width of the carriage-road, and found it to measure fifty-three feet.
It was divided into three parts. On each aide there was ravel ;
in the centre was a granite pavement measc.ring about twenty feet ;
on the south side there were about eighteeh feet of gravel, and OM
the north aide about fourteen feet. Ihe beginning of the robbisit
of the sewer is in an angular direction, eighty feet from the shop.
The rubbish extended three feet on the paved road, leaving seven-
teen feet.

Mr. Dalesworth, a surgeon, saw the ehrt.d at the parent's house.
where it had been earned on the day of the accident. The rigti:
thigh was fractured about the middle: the parts round the bone were
much bruised. The child had surgical attendance till Septem-
ber 23. She was then able to go about cm frutches. Had since
seen the child ; she was not much better ; the thigh was shortened :
she would never have the free use of her limbs.

('roes-examined—Witness is an assistant-surgeon to Mr. Ben-
nett; but it was witness who attended the child ; it was a sunpls
fracture, and the etpense—
Mr. Sergeant Prct.—The etpense is not here in question, it is
not the father who brings the action.
The Omar,. J nixie E—The expense had better be included ; as
it would save the expense of bringing another action.
This was agreed to.
Re-examined—The *moon of the bill is 71. IN.
The CilltlP JUST Icr observed, that it was a very reasonable
charge, and did the surgeon's humanity greet credit.
This was the plaintiff's case.
Mr. Sergeant VAUtitIAN addressed the Jury for the defeadagt.
lie *es corsclous that in a case of this kind, all the sympathies of
human nature were against him ; but he nevertheless hoped the
Jury would look at the evidence with impartiality. There eras
nothing more common than to hear cases of this kind, purely oc-
casioned by the negligence of parents in permitting children of
such tender age to go Into the public streets unattended. There
were men who would calculate to an inch whether they could get
across a crossing before a coach, and was it to be wondered at it a
sometimes happened that accidents occurred ? There were others
who on seeing a coach on its wrong side of the way, would say to
themselves, " Oh, is no matter if I get a broken leg. for I shall
get swinging damages, for the coachman is on the aide of the way
he ought not to be."
The CRUET J vet tcr.-.." Brother Vaughan that lagdmect
might suit a native of the Sister Island. It is like the story of the
Irishman who was carried ups ladder in a hod, for a wager, and
when he was brought down, telling his comrade that he had had
hopes of winning his wager, for that he once nearly fell."
After a few mote observations from Alt. Sergeant VAI:01114N,
the following witnesses were called :
James Gordon was walking in the Commercial-road on the day
in question, and looking out for the coach, lie noticed that the
coach was in the centre of the road when he first saw it. When u
came to the sewer it was obliged to turn on one side. There were
several waggons in the road. They were in the centre, which
obliged the conch to go on its wrong aide. The coach had passel
the sewer about twenty yards when the accident happened. Tat
first thing that attracted witness's attention was some person (tying
out, which made him turn his eyes to the spot. He then saw Its
children on the ground. The horses stopped itnniediately the ac•
cident happened.
Cross-examined—lie doubted whether there was more than one
waggon ; but certainly thinks the children came from behind 1,.
Witness was nut on the side the accident happened.
!Ir. Griffith positively swore he saw the children run up agai.tat
the horses; and thought there could be no ne!Tligeoce imputed to
the coachman. The coach was full.
. .

Mho children wereranning.

Cheeks Nib Was called, bet proved nothing material.
Richard Sims, the coachman, swore there were some sa tpwlk
coming along the centre of the road, just by the sewer, which
obliged him to turn oil: The children ran against the horses' legs
The children ran front behind one of the witgeo:;si and ;too *6o's
run over. D.d not himself call out to the rivldrirn, beeittee he
upon his horses. A shout was given, but not L) nett the child was
could not see them. Witness was only driving at the Fite of it
or seven miles an hour, and was nearer to the paved part at
the road than the foot-path.
reblit:ittestaidbuott our eeh
a;
Cnitiatmainined-1, itness saw the waggoner lkoodman. Nat
'ltwoodiinthiin.eharnicmuhutid he would tame ti
htnoirilmdt a;hsikhm he wasadedhnioni
ptougroglioinctt to
atthrheerbeul,: and
ilienpeshasii•
would had not *id to hint " did fOu
see the make Bi
eaecidenr?d"ln apresent4
"Sa w him about a fottialwnt since at the Wes:
India Docks: he met him promiscuously, as it were; did not then
u.g.B. aniwoodiidotnit hiehnneelehlbloolduwelfinwirtindahyheskeduhewidocurhdielduniresth:sinokueraletaghncoitmhiuronaetat:;roseesetbe.::::34e.
positively ask him m cane to the Elephant. but said his
thend odt shoulds
not.a rbewaggon that Iti ti
up against
did not say to bon, you know the childuri cane from bobtail the
wa,grcoo.
Ro.exammed..Bloodtwatt told his be sa* the cluldren woo

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New-
ht ices I:o4llSagar Couipany is in contemplation. There The health of l'arrislmproving, and strong noPcs less e =stiglay C
Mansion
greatly
born
in
this Dr.
t.inne Do ay.i.s. t en_thonnum_ber of
munsenitlberuse depriveZthe able assistance of that rAIItIKOT7Tm. MARCH I.—The Royal Union, PytMlol, of New.
Iftt!sy " on
several
speculation in the Colonial Market yes- are entertained of his ultimate recovery. children castle, got on the Neweotne Sand yesterday, but was awaited off by
nati, a preceding days :—St. Lucia and Gre- The grand Easter entertainmentand all at the .
forty lit the firilitst tution P.1?16
ngo,3ollelll(ten:hactirieaty w;
h. o.noPn of poor persons, boats from Lowestoffe.
asbuwnt thsoirdeeredwas' alinf:trrnhe; outicitawprei
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fa: xonc:ol,lll*Haocs:
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3—atrryi:redaethmete Atl;aerfrit'tz: Fflrr.i• dblicsay,;frnanmd
al a strong ground for upholding h. th:liga.rt were principally bought in at a luwer price by House has been t ned in co uence of the neces-
p"
P°
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1, they were sold at on Tuesday. They were after- sity of putting the Egyptian Ilea uni er repair. ground. ..
ahe health of such a large metropolis at this depended several others too late for' !boa. Sailed the (Minton, Latium. for
." old at d • noted Cff es were steady tertaintnent is not expected to take place before the middle much upon the circumstanc f hbi t Where a mare, e epression quo • e CS its in a. tan e. ere the houses Temente; Londwa, Purvis, for Dew aaaaa Brilliant, tiresassll, for
Y 'Picea. There was nothing doing in spices. of May. sere so very Nemirow, sod the population so dams, many diseases R.ga.
•
4, :74

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