The National Register.
London, England, 1822-07-08 00:00:00

TNUM•S V. TROTTER.

Mr. Ti otter was again brought up to-day by Roberts Corpora
in custody of the Marshal of dio King's Bench, for the purpose
of being heard upon his petition, complaining of irregularities
attentlin; his committal under an attachment for contempt of
of court, in not answering the proceedings against him on the
part of the plaintiff ; and praying tlvit be might be relieved
from such attachment, as he was unable to pay Ibe costs and
have it act aside in the usual way.
. . .

The Lord Chancellor prononneed his decision at some
length, and said that when a party cane into a court of equity
to make a complaint against another, he ought, in order to entitle
himself to the favour of the court, to come in with clean hands.
The petitioner, therefore, before lie complained o: the i regula-
rities of others, ought to show that he was himself regul:tr ; and
ought not to expect to use the authority of the Court against
such other persons, whilst he was acting in disobedience to
that authority himself. With respect to the petitioner's inability
from want of funds to purge himself in the usual way, Lc was
sorry for it ; but that was only a suhject for the consideration
of the other party, and not of the judge, who was hound to act
according to the law. Under all the circumstances, his Lordship
felt it his duty to dismiss the petition ; but would reserve the
question of costs in the hope of its leading to something advan-
tageous to the parties.

THE CASE Or PRISCILLA STREET, A WARD OF COVRT.
Mr. Home recalled to his Lordship's recollection an injunc-
tion granted by the Court last term, restraining the infant's
mother and a young man named Horatio Reeves, of Exeter.
from having any intercourse with the infant. He (Mr. Horne)
had now to move for the committal of those parties; for • MM.
tempt of Court in disobeying such injunction. The learned
counsel then read a number of affidavits, from which it appeared,
that notwithstanding that the order of the Court had been served
upon the parties, the defendant, Horatio Reeves, who is a drug-
gist, and the son of a pawnbroker at Exeter. contrived, with
the assistance of his brother George, (from whom the former is
pereonAly distinguished by a cast in his eye), and with the
mother's permission, to carry off the infant ; the mother having
declared that her daughter should marry the defendant in spite
of them all, or she would be d—d if she would not shoot her;
and the defendant hiving stated, when served with a notice.
from the plaintiff's solicitor, of the infant having been made •
hard of court, that that (the notice) was only something for him
to laugh at. His brother, also, un being cautioned against the con-
sequences of such an affair, treated it with levity, saying, that if
committed, he could get the rules of the Fleet; or if not, lie would
give them the slip. It appeared from the affidavits, that the
fugitives proceeded from a public-house called the Flower-
ing; in a car, as far as Tannton, and thence by the stage to
Bristol, where they were to have gone on board the Guernsey
packet, the defendant's brother George hawing engaged the
after-cabin for their accolutuodat;on. But it was not stated in
the affidavits, or at least so much of them as was read by the
learned counsel, what had since become of the parties.
The Lord Chancellor said lie would first grant an order for
the parties, namely, the infant's mother, Horatio Reeves, and
his brother George, to attend this Court ; as it would not be riulit
to commit them in the first instance, before they were afforded
an opportunity, if they chose to avail Themselves of it, of be-
ing heard. Should it be found impossible to serve the defend-
ants. H. and C. Reecea, with a copy of this order, he would
then consider service at their father's house suffioient. .. But,"
said his lordship, 6. take care that the old lady dues not coma
iutu court with tire arms."—(Laughter.)

COURT OF KING'S BENCH. •
TiltlngPaY, lt:t.Y 4.
TEARY v. COULD.
The plaintiff in this ease was a child of nine or ten years of
age, who by his guardian, sought to recover damages for an
assault, in which ilia thigh was broken. It appeared in evi-
dence, that the little boy, with ten or twelve other children,
was playing in an empty waggon of the defendant, when he
came up and called out to them to desist. The plaintiff was
attempting to get out at the hack of the waggon, when the de-
fendaut took bold of hint by the leg to pull hint down ; upon
which he fell upon a heap of bricks and fractured kis thigh.
Gould, at first, seemed to suppose that the accident bad hn n
occasioned by some one throwing a stone; but on the child
saying that it was caused by himself, he eipressed his surprise,
said that be did not intelid it, and called to another lad to con.
%ey hint home, and to take care not to hurt blip. A medical
gentleman proved Ire extent of the injury, and that its probable
effect would be a zontraction of the limb during life.
31r. Searlett addressed the jury for the plaintiff on the griev-
ous nature of the injury ; end Mr. Nolan, for the defendant,
contended that the misfortnne was purely accidental, and that
the justice of the case woidd be satisfied by very moderate
damages:
The find Chief Justice, filer stating the imbalance of the
evidence, observed, that it was clear the defendant never in-
tended to do the serious injury complained of ; but that still the
plaintiff was entitled to some moderate recompense. In this
action, the jury could not take into consideration the surgeon's
bill, as the father, and not the son, would be liable to pay it.
The jury found a verdict for the plaintiff—Daniuges Inf. In
order to prevent litigation, it was agreed that the amount of the
surgeon's charges, O. sa, should he added, end that furtli,er
proceedings should be stayed. Tue verdict, therefore. was
taken for iiii. Si.

COCItT OF COMMON-PLEAS.
WEDNESDAY, JULY 3.
SADLER V. GOTOUED AND 01111.145.

This was an action to recovers compensation in damages
for au inioly done the daughter of the plaintilf, by the negli-
gence of the defendants.
The defendants are proprietors of a stage coach main,: he-
t ween Ely and London. In May last the daughter of the p.aiu-
till took a seat in this roach for conveyance to the countly.—
The coach was described to be old, the springs bad, and the
luggage heavy. The passengers remonstrated, but no attention
was paid to the complaint ; ou the contrary, the cot/cilium' took
up a package, in addition to the luggage, six feet long by four
lee' broad. Arriving withina short distance of Ely the coach
vas overturned, and the plaintiff's daughter was crushed under
this big trunk. Unfortunately, she received several severe
contusions, and her father was put to 701. expence for medical
assistance. .

Dlr. Itlarryatt, who opened the case, was proceeding to axe.
mine the first witness, when Mr. Scarlett proposed to have the
iluestiou of demagess settled out of court. The proposition
was acceded to, and a verdict was taktti for the ',Wolin*, sub-
ject tu a reference.
711 It.PAY, JULY 4.
114)V V. 1.10111.15.

Mr. Sergeant bens stated that this was an action brought
against the defendant, the proprietor of a sulphuric acid IIlallU•
lactory, near Norwood, for a nuisance in the emission of the
vapour. The learned Sergeum culled several witnesses, who
proved the nuisance.
Mr. Sergeant Vaughan, for the defendant, proved that the
normfaelory had existed since 179 t), and that the plaintiff bad
conic to reside on the spot in question in 1ti0.5, since which
time the nuisance had been materially lessened instead of being
increased by all improvement of the condensers and the retorts,
by which less vapour escaped, and snore acid was produced. It
was clearly the interest of the defendant to prevent the escape
of the vapour, as lie would than obtain a greater quantity of
acid at the same eapence.
The Jury seeming disposed at once to find a verdict for the
defendant, Mr. Sergeant Leos chose to submit to a nonsuit.

LONDON SESSIONS
-rm.-

On Monday last these sessions commenced nt
before the Lord Mayor, Recorder, Mr. Sheriff Veuables,
Aldermen sir James Shaw, Wood, J. J. Smith, Hey gate,
Lox, and Browne.
The Recol der, in charging the Grand Jury, congratu-
lated them on the lightness of the calendar, thought it was
slime abatement, lie said, of ilie pleasure they must feel
from that circumstance, that of the seventeen Cdse3 it
contained, eight were tor street robberies, a species of
crime that had of late heroine alarmingly prevalent.
Should any convictions fur that offence take place, the
court would do its duty by making an example, which he
hoped might be sufficient to check it ; lull it the present
punishment which the law allowed should be found inade-
gnat., it %until then be for the Legislature to consider the
expediency of restoring the law to what it was a few y ears
ago, when a heavier punishineut would be inflicted than
was at present allowed.
Horatio Orton was put on his trial,on an indictment for
assaulting Joseph Wilfred Parkins, on the loth of May.
Mr. Chinks Phillips briefly stated the principal facts of
the case, as they were afterwards proved in evidence.
J. W. Parkins examined by Mr. Phillips.—Witness bad
seen the defendant at the door of his office, in the house
No. 10, Bridge-street, Blackfriats, on the Ist of May,
snout eleven o'clock in the morning. A person of the '
mime of Gill, who was in his employment, had just then
left the office, but returned and said Mr. Oi tun wanted to
speak t) him. He immediately went to the door, where
lie saw the defendant, who said to him, " How dare you,
Sir, go into my room and take my papers 1" and instantly
stands him on the face with a stick he took from under
his coat; there was a man standiug between them, whom
the witness pushed away and got into the passage, which
was rather dark; he was instantly seised by two dogs;
one of them caught him by the calf of the leg, sad the
other by the hatmstiings ; the pain was excruciating, and
lie cried out, " For God's sake take the dugs off my legs."
The defendant continued all the time beating him with a
stick as fiercely as he could. Witness extricated himself
front the dogs by kieking them with the other foot, and
wret.thed the stalk fioin the defendant, who Colitinneil to
strike him with his fists. In the conflict the defendant
went down. Witness lifted hint up, ;slid while he was in
the act of duine it, the defendant scratched his lace (lea.
perately. He had eleven wounds on the thigh, given by
one dog, and two on the calf of his leg, given by the other.
N say, a sturgeon, was sent for, and dressed his
wounds, which centined him a week, an* prevented his
s retries a wink the first night with pain. One of the
wounds on his leg was not yet healed. He had not given
the deteinlant the least provocation, nor spoken to hint
when lie was assaulted by hint.
Cross-examined by Mr. Adolphus.—He knew the Con-
stitutional Association had au office at Nu. 6, in the seine
street; he was in it once • he did not know they had ail
office tinder the same roof with his town. He once gut
from a waiter, in the house where his office was, a paper
which ley on a table in a passage; it appeared to be a cir-
cular, but was ragged and torn.
On being asked whether the paper related to the Con-
stitutional /1/4•4oeilltinti, lie said lie should refresh his
Memory by looking at an extract lie had made li Um This
Timm newspaper. Witness then proceeded to read the
extract, When he was iliterrUptetik. by Mr. Adolphus.
Witness still continued.s
Mr. Adolphus (with vehetneuce.)—Will you act, Sir,
like every other witness?
Mr. Parkitia.—l will, Sir, wheal you examine me like a
gentleman.
The Recorder then interposed.
Mr. Adolphus.—l ant not, Girl to be interrupted by
these observations, which are fundc tie the purpose of
eXCilitig laughter. An advertisement has been put iii the
papers this Mal Wing, for the purpose of bringing a mob
hare.

Afr. Phillip..—That observation should not be made.
Mr. It is AU (0651.11 e aIIOU Which
should not be wade in court.

(Some hissing was then heard in coutt.)
Air. Ailolphits,--Titere, now, you Gave the truth of my
o bac' vat ion.—( More hissing.)
Mr. AIM.' man itrowne.—lhat biasing was excited,
by your observation.
Atbstplius.—The court is bound by law to defend
Me, amid 1 must receive the treatment of au Advocate.

he et uts•examittatio n was then Eurninned.
The paper he gut from the rtaitcr cuutaimd nothing