The Sun.
London, England, 1823-04-22 00:00:00

EXPARTE WARDELL.

Mr. PARKE moved for a certiorari to the Coroner of Lance-,
shire, to return into Court the depositions taken by him under
an inquest upon the body of a person (name not mentioned),
who had been killed in consequence- of being thrown from a
public stage coach called the 'Traveller, of which one Wardell
was driver, and against whom the Coroner's Jury bad found a
verdict of Manslaughter • in order that, thereupon, Wardell
might be admitted to bail a sum as the Court should direct.—
From the statement of the Learned Counsel, it appeared that
Wardell, on a day mentioned in March, was driving the Tm-
yeller coach near .Preston ; the deceased had got up on the
coach without the permission or knowledge of the driver ;
in descending a hill near Preston,_ the Traveller- was over-
taken. by another coach ; both coaches kept abreast for some
time; the horses of the'Traveller, which were very spirited,
became unmanageable, and in turning a corner suddenly,
the coach was upset, the deceased thrown on the ground,
and, after lingering until the 7th of this month, died.—
The Coroner's Jury returned a verdict of Manslaughter against
Wardell, who not being yet taken into custody, the object
of this application was to anticipate the -Coroner's warrant,
by putting m bail before he was apprehended. • The affidavits
of Wardell, of an outside passenger, and the person who had
since succeeded as driver of the Traveller, were put in, and the
circumstances disclosed were nearly as above mentioned. These
affidavits acquitted Wardell of all blame, and imputed the death
of the deceased to mere accident, arising; from the alarm into
which the horses were thrown by the other coach passing at a
rapid. rate ; but they omitted to state at what pace Wardell was
driving his horses.'
The CounT, upon the whole, did not think proper to grant
the motion. This was an application to ,the indulgence of the
Court, and the party did not place his own conduct in such a
light as to induce a belief that he was perfectly free from blame.
Upon his own shewing, there was too much reason to believe
that both coaches had been racing against each other. The af-
fidavits did not candescend to state at what rate the coaches
were going at the time the accident happ'ened, and therefore the
proceedings must take their ordinary course. If the party was
apprehended on the Coroner's warrant, he might hereafter ap-
ply for a Habeas Corpus upoti better materiels, and then the
Court would deal with the case according to circumstances.—
Rule refused.

COURT OF COMMON PLEAS, APRIL 21.
SHERWIN V. SMITH.

This was an action brought to recover the amount of an apo-
thecary's bill. The cause was tried at the last Assizes for York,
before Mr. Justice Bayley, and the Jury returned a verdict for
the plaintiff
Mr. Serjeant PELL now moved for a rule to spew cause why
this verdict should not be set aside, and a new trial granted.
By the provisions of the 55th of the late King, all pesons, be-
fore being licensed as apothecaries, were directed to produce
sufficient testimonials to the morality of their character, their
medical education, and their services in apprenticeship. On
these testimonials the certificate was to be granted. At the
trial the certificate was produced, and the Learned Serjeant con,
tended that this was not a sufficient iiroof of qualification to
enable the plaintiff to maintain an action as an apothecary un-
der tile statute.
The COURT thought there was nothing in the objection,
and refused the motion.

COURT OF ARCHES, APRIL 21.
ix RE cr.Anitso.w.
This 'was a charge preferred against a proctor, Mr. W. G.
Clarkson, for having been guilty of unprofessional conduct, in
charging In his bill of costs more than by the regulations of the
Court lie was allowed to charge ; and also, in having taken from
Mr. Swabey business which that proctor had undertaken to per.
form,-and which the client had not directed to be removed. The
case has been heard in a Court below, where Mr. Clarkson re-
ceived the censure of the Court. The matter of the alleged extor-
tion arose upon proceedings of a technical nature. The man-
ner in which it was charged, that Mr. Clarkson had taken
away the business from Mr. Swabey was this—Some parties
had to administer to a will, and went to Doctors' Commons
with the view of seeking the office of Mr. Swabey, who had
undertaken the business; but on their inquiring for it, a por-
ter who was standing in one of the avenues, having ascertained
the nature of the business, led them to the office of Mr. Clark-
son, who sat about it, and proceeded until Mr. Swabey heard
of the fact, and reclaimed it successfully.
Doctor LusnINGTON spoke at great length in behalf of Mr.
Clarkson, who he submitted was a young practitioner, and had
made the charges complained of in error. In answer to the
charge of having obtained the business improperly, he read an
affidavit from Gardiner, the porter, who took the parties to Mr.
Clarkson. This affidavit stated, that the parties inquired of the
deponent for the " Administering office.' He shewed them Mr.
Clarkson's office as one of the ' Administering Offices ;" and
swore that he neither was then, nor is now, in expectation of re-
ward from Mr. Clarkson, neither was It agreed that he should
share the profits of the business. The Learned Advocate also
urged to the consideration of the Court, that as far as Mr.
Clarkson had proceeded in the business he had done it satisfac-
torily, and that he had shewn no hesitation in giving It up as
soon as he was informed that it bad been previously in the
hands of Mr. Swabey. Mr. Clarkson had a rising family, and
character was of the utmost importance to him.
Sir J. Islicrtor.r. said, the case was one of so much import-
ance, that he should adjourn his opinion till next Court day.
This subject collected a great crowd of professional persons.

BOARD OF EXCISE, APItIL 21.
A publican was charged with having had an increase in his
stock of gin, which was not accounted for by any pertnit.
It appeared that some days before the 29th of March an officer
found that the stock of gin amounted to 216 gallons ; on a second
survey, on the 29th of March, it was found to have increased,
notwithstanding the outgoing, to 236 gallons. The officer made
no mention of the increase at the moment, but went away for a
few hours and returned again, when, to his astonishment, he
ascertained, on taking another survey, that the gin had in-
creased about half a foot, it being then 245 gallons. He seized
the excess.

The publican, in his defence, said there wits an approaching
fair in his neighbourhood, and he thought the most moral thing
he could do was to make up the gin for the crowd in such a
manner as to prevent them from doing injury to themselves.—
He was' sorry that not being used to the business of making up,
he had let in too liberal an addition of the " qualifier" (pump
water and sugar) ; but declared that the regard for public
morals should never again lead him to commit an error of the
kind.

The COMMISSIONERS, in consequence of this being a iirsi
offence, renutted the penalty, but condemned part of the gin.

Saturday last Sir WILLIAM CONGREVE exhibited to Lord
MELVILEE and other distinguished persons, at Gillingham,
near Chatham, the effects of some new invented rockets, called
anchor rockets. A small anchor is affixed to the head of one of
the largest species of rockers, so that it can be thrown across a
river, or to a considerable distance, with a rope attached to it,
and the anchor fixes itself firmly in the ground, The experi-
ments succeeded perfectly.

SUICIDE.--On Sunday morning, about 7 o'clock,
Capt. Johnson, of the collier Economy, lying olfKing James's
stairs, Wapping, was seen to throw himself out of the cabin
window of his vessel into the river, and he instantly sunk.
Assistance was speedily rendered by several boats crews, with
grappling irons, but all their efforts were fruitless, until about
two o'clock, when the body was picked up and brought on
shore for a Coroner's Inquest. The coat pockets were found to
contain a quantity of load. It is not known what were the
motives which induced the unfortunate man to commit this
rash act.

.BURGLARY.—On Saturday night, or early on
Sunday morning, the dwelling-bouse of ,11Ir. Fisher, printer,
16, Claremont-place, Pentonville, was broke into by cutting a
hole with a center-bit in one of the shutters of the back kitchen
window, and undoing the pstenings. The thieves Carried air
a quantity of wearing apparel, two guineas, five sovereigns,
and a half, and some silver coin, gold rings, some plate, and
other articles of value. The robbers effected their escape
withOtit disturbing any of the tinnily.