The Sun.
London, England, 1830-07-23 00:00:00

FOREIG

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OXFORD CIRCUIT.—OXFORD, JULY 22.
(PROM OUR OWN CORRESPONDENT.)
The business of the Assizes commenced here at twelve
o'clock to-day. Mr. Justice PARKE presides on the Crown
side, and Mr. Justice llosaNQuirr at Nisi Prins.

CIVIL. SIDE.
(Before Mr. Justice BosAxQuET.)

lI4POUTANT TO AUCTIONESItS.,--TAUNTON V. ADAMS.
Mr. TAUNTON (with whom was Mr. Clitt.eter) stated
that the plaintiff in this action was an attorney residing
at Oxford, and the defendant an auctioneer living in the
same city. The action was brought to recover com-
pensation in damages, which the plaintiff alleged he had
sustained in consequence of the false representations of the
defendant. From the statement of Counsel, and after-
wards confirmed by evidence, it appeared that in March
last defendant was employed by a person named Sadler, a
livery-stable keeper in the city, to sell off his stud of
horses. In the notice of sale and. the advertise-
ments the defendant had represented all the
horses that were to he submitted to the hammer
as the genuine property of Mr. Sadler, who was retiring
from business. Now (said the Learned Counsel) Mr.
Sadler's well-known reputation and character stood so high,
that he would not have a bad horse in the stable. He was
renowned for the excellence of his horses, and the defendant
represented them all as being well known in the Beaufort
and Mostyn Hunts. He also stated their pedigrees. There
was " Logic," that he supposed was named out of com-
pliment to the University.—(Laughter.)—Vigil, Vixen,
and so on to No. 12, which was described as a hand-
some bay gelding, by Paulton. All this flowing
description attracted a great number of persons to the
sale, amongst others the plaintiff, and he being aware
that Mr. Sadler never kept a bad horse, determined upon
purchasing the bay.gelding, which he accordingly did for
the sum of 41 guineas. It was a fine animal, and would
have deceived the best of judges in horse flesh.—(A
laugh.)—A day or two after the horse became the pro-
perty of the plaintiff he was tried, and No. 12, by Paulton,
proved very lame—(A laugh)—or, to use the common
phrase, was not able to stir a leg. The plaintiff was na-
turally astonished, and on making inquiry, ascertained
that his horse had never at any time belonged to Mr.
Sadler, but had been elided into the sale by his brother.-
in-law, Mr. Beechey. A doctor was called in who pro-
nounced that his patient was not likely to get better, as it
had a hardness or ossification of the feet. The plaintiff in
consequence wrote a letter to the defendant, wishing the
horse to be taken back, to which he received an
answer, stating that Mr. Beechey refused to have any
thing to do with the transaction. He was there-
fore obliged to bring the present action, and now
sought to recover 41 guineas, the price of the horse ;
Si. 121. for the doctor's bill ; and 161. for its keep from
March last, and then any one was at liberty to have the horse.
Several witnesses deposed to the facts as stated by the
Learned Counsel.

Mr. Serjeant RUSSELL, (Mr. Telford with him) took
several legal objections to the form of the action, and con-
tended as no warrantry had been given the plaintiff could
not recover.

The Learned Judge having overruled the objections,
Mr. Set jeant Russm, addressed the Jury for the defen-
dant at very great length. The Learned Counsel con-
tended that an action like the present had never before
been brought in a Court of Justice. The plaintiff was a
professional gentleman who could get law cheap, but in
the present instance he certainly had shown himself a most
ingenious man. He would repeat, never had such an ac-
tion been heard of before.

Mr. TAUNTON—Indeed you are quite wrong--such
actions are as old as the law itself.

Mr. Sergeant RussiLL—Not in this form. The de-
fendant could not he made responsible unless the Jury
were of opinion he was acting with a fraudulent intent.
Nothing could be more common than in slits by auction
to have goods of another person put in.
Mr. Justice BOSANQUET—And, brother Russell, per-
haps nothing can be more improper.
Mr. Serjeant Russxm was not then prepared to argue
that point. The question now to be decided was (for on
that the case rested), whether or not the defendant had
practised deceit to the injury of the plaintiff? The horses
were represented as belonging to an Oxford livery-stable.
keeper, a place as admitted by Mr. Sadler himself most
unlikely to find a good horse in, for they were generally
rode by young gentlemen of the University, who, the
Jury would know, had only one pace, and that was as
hard as the animal could go—(Laughter)—therefore to sup-
pose the horse must be good, because it belonged to Mr.
Sadler's stud, was absurd and ridiculous. If it was in-
tended as a puff, it was one unworthy of any auctioneer.
The real fact was, the plaintiff had found by his care-
lessness he bad got a bad bargain, and wanted to get rid
of it. It was two months before he hit upon a scheme ;
but he (Mr. Serjeant Russell) hoped the Jury, by their
verdict that day, would not brand a respectable man with
being capable of practising deceit, but let the plaintiff take
the consequences of his own carelessness.

Mr. Justice 13osANTQuET, in summing► up, said this
was an action brought to recover compensation in damages
for an injury which the plaintiff complained be bad this-
tained. He did not think the plaintiff could recover the
whole amount claimed; but be was of opinion that he
was entitled to the amount he had given for the horse more
than it was worth--buying it, as he did, wider the im-
pression that it belonged to Mr. Sadler.
The Jury returned a verdict for the plaintiff....-Da-
mages 281.

BEASLEY V. NEVILLE.
This was an action brought by the plaintiff to recover
the sum of 251., the value of a horse which had been
killed by the defendant driving the shafts of his chaise into
the shoulder of the animal. It appeared from the evidence
that the plaintiff conveys the mail from Oxford to
Northampton. Oa the 21st of March, about eight o'clock
in the evening, the plaintiff's servant was driving a one-
horse cart (which conveys the 'nail), when he met the
defendant : they came in contact ; the shafts of the de.
fendant's chaise entered the shoulder of the plaintiff's
horse, and it died in consequence a few days afterwards.
Six witnesses, on behalf of the plaintiff, stated that the
defendant was driving at a furious rate, and that he was
on the wrong side of the road.

For the defendant several witnesses attributed the acci-
dent entirely to the negligence or obstinacy of the plain-
tiff's servant, who might, if he pleased, have got out of
the way ; they also stated that he was on the wrong side
of the road, and the defendant on the right.
Mr. Se►jeant Ilussem and Mr. Cunwoon were for the
plaintiff, and Mr. Tau-ono and Mr. Wnrrz for the de-
fendant.
The Jury returned a verdict for the plaintiff—Damages
251. 'The Court then adjourned until tight o'clock to-
morrow morning.

CROWN SIDE.
(Before Mr. Justice Nur:E.)
Several prisoners were tried during the day, but their
cases did not possess any circumstances of public interest
worth reporting.

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WESTERN CIRCUIT.--.WINCHESTER, Juir 22.
In consequence of the business being very heavy, a se-
cond Court sat this day for the trial of prisoners., in which
the lion, Mr. EASKna presided. The following case
excited very great interest:—
Richard IVhimple stood indicted for obtaining money
by false pretences, under the following peculiar circum-
stances :—On the tth of February last, Capt. Win. Far-
ringdon, of his Majesty's navy, as he was getting into the
r(lacli for Portsmouth, saw the prisoner in the inn yard,
in Gracechurch.street, assisting a man to the coach, who
was in the greatest state of human misery, and whose name
was Stent. The Captain travelled from London with them,
and the prisoner's attentions to the unfortunate Stent were
most humane. Stent bad a keeper with him, who was
in such a state of stupor, that he was obliged to he tied
on the roof of the coach, and the prisoner supplied his
place. When the coach atopt for the passenger, to dine,
the prisoner, in a conversation with Captain Farringdon,
entered into the particulars of Stent's case. He repro-
'tented himself to be the Rev. Bouverie Wright, a relative
of Captain Bouverie, of the Navy; and on Capt. Farring-
don observing that he must also he related to Mr. Bou-
verie, Rector of Whippingham, he said, " Oh ! yes; but
he is 'going to change Whippingham for some other
living." He said he was forming a subscription for the
Stent family; and showed Capt. Farringdon a letter from
Mrs. Powell, in which that lady said she had inclosed
101. for Mr. Stent; it was addressed to the Rev. Bouverie
Wright. He also showed him several other letters, with
the same address; and they had a conversation, the effect
of which was, that Capt. Farringdon should endeavour to
obtain subscriptions in the Isle of Wight. On the 17th
of February the prisoner called upon Cept. Farringdon, in
the Isle of Wight. Capt. Farringdon told him he hail 14
sovereigns for Mr. Stela. The prisoner spent three or
four days with him. He went by the name of Bouverie
Wright, a Clergyman, and his conduct was extremely in
character, and his conversation of a spiritual nature....
The prisoner having left him onythe Saturday, Capt. Far.
ringdon sent his servant to him on the Sunday morning,
with a W. note, and begged lie would return him IL,
which be did ; it was given expressly far the Stent family.
The prisoner did not apply to Captain Farringdon for'
money, but appealed to hie feelings is $ moiler much more