The Sun.
London, England, 1823-07-23 00:00:00

ASSIZE INTELLIGENCE.

STAFFORD, MONDAY, JULY 21.
CRIMINAL COURT.—Before Mr. Baron HULLOCK.
Joseph Garrett, a fanner and' butcher at lirestbromwich, in
respectable circumstances of life, was indicted for manslaugh-
ter, in killing Isaac Whitehouse, by forcing kith into the
canal. _ _

It appeared from the evidence-of the two principal witnesses
for the prosecution, named Lawrence and Horton, that on the
13th of March last, the deceased,' who was an old man of 70,
climbed over a rail into a field of the prisoner, to cut off an
angle, and so to shorten his journey. The prisoner saw him,
pursued him, and overtook him as he had just reached the rail
at the opposite side of the inclosure. There he shook him vio-
lently, and in the struggle forced him over the rail upon a
towing path of six or eight feet wide, which lay between the
fence and the canal. He then shook him again on the towing
path, and at length forced him into the-water. While he was
there, Garrett called to Horton, to come and 4lke the old man
out, but Horton refused, saying, " He had business of his own
to attend, and as Garrett had put him in,' he must bring him
out himself." Lawrence came in a boat to his assistance, ano
in three or four minutes he was taken on the shore, but he w

then dead. When found, he still grasped a bundle of provi-
sions which he held in his hand.

The • • prisoner,- b • eing called on for his defence, stated that he
should have gone into the Water to the assistance of the de-
ceased, had he not been unable to swim.'
Mr. WINTER,
_the prisoner's Counsel, called a girl of 13
years of age; named Prudence Cartwright, who was present at
the time; and who swore that Garrett never crossed the rail till
Whitehouse was in the water, and that the deceased fell in side-
ways, after staggering from the grasp of the prisoner, so that
his death was really accidental.
On her cross-examination by Mr. RSCILARDS, the witness
denied that she had ever said to Lawrence, or to persons named
Baker, Sedggeley, and Squires, " Garret has pushed old Toby
into the water ;" or " The old man got over the rail; Garrett
caught him and shook him ; he got over the rail after him, and
shook him again, and pushed 'inn into .the water. The old
man called out, Have mercy, Mr. Garrett, and take me
out;' and Garrett said, Now you will remember tres-
passing."' •
To confirm the testimony of thit witness Charles Bebb was
called, who agreed with her in asserting that Garrett did not
push the deceased into the water, but differed inasmuch as he
stated that Garrett did pass the rail, and that there was a
struggle 'on the footpath.
. To. discredit Prudence Cartwright, Lawrence' Sedgeley,
Baker, and Squires 'were called, who swore that she used the
expressions which she had denied on her cross-examination.
Two respectable neighbours of the prisoner were called, who
gave him an excellent character.
Mr. Baron IItrLLOcK summed 'up the evidence, and left
the 'Jury to decide, on the conflicting testimony, whether the
death of Whitehouse arose from' accident or from the act of the
prisoner.
The Jury, after some deliberation, returned-a verdict of
Guilty.
Mr. Baron'llum.ocx addressed the prisoner, in terms of
severe admonition, declaring. that the verdict met with his
entire coneurrence, and that the offence differed very slightly
froth that of murder..' He sentenced him. to be imprisoned in
the cotinty jail for nine calendar months, in addition to three
months during which he has been in custody.
The capital convicts, William Bibb, for highway robbery,
and Thomas Poyser apd William Toyser, for horse-stealing,
were placed at the bar, and sentence of death recorded against
them. As the sentence was not formally passed, it will not, of
course, be carried into execution.
In the Nisi Prius Court, Mr. Justice PARR was occupied

the whole day in trying two special jury causes, one a question
of bankruptcy, and the other of boundary, ,neither of which
bad any public interest.

NOTTINGHAM, JULY 19.
(Before Mr. Boron GATIROM; and a Special Jury.)

HUGHES V. EAMES AND °TIMM
bthoetAwidreeefneitniEdEtdsEoßn. too:nbedentlewiphtrreoyPp:riineadto.lits.n, go
rsifshaTirceerh;etaiadilendcl;ollrahacathit:ninbnsytan running
negligence of their servants, the plaintiff .had received several
severe injuries.
Mr. CLAT/KE said, the plaintiff, Miss Eliza Hughes, was the
daughter of a respectable person of London. The defendants
were the proprietors of the Ilighflyer coach, running between
London and York, by'which coach the plaintiffivas a passenger
on the 30th July, 1822, and she brought this action to re-
cover. a compensation for the injury she had received by the
overturning' of that coach through the negligence of the defend-
ants' servants. On the day the accident occurred, the young
lady was coming down.froin London to take a situation in Miss
Taylor's seminary for young ladies at Baal-Ty, which in all pro-
bability would have been a lasting engagement, had it not been
for tins misfortune. Miss Hughes was an outside passenger,
there being no room in the inside ; but her friends had provided
For her safety, as far as they were able, by placing her under the
protection of a clergyman, who was also travelling by the
same conveyance. On their arrival at Newark between one
and two o'clock in the morning, the coach stopped to change
horsci, and the hostler, who attended to that duty, was in all
probability drunk, as by his violent vociferations and ac-
tions the unfortunate circumstance took place which was
thecause of this action. Yirhile4he was bringing out the fresh
horses, the coachman and guard left the coach to go into the
house, probably totieliver their parcels; and when the horses
were put to, Nailer' instead of continuing to stand at their
heads, placed himself by one of the wheelers, and began play-
ing tricks. The guard at this moment was assisting a' gentle-
man into the coach, and before he had seated himself, the horses
set off at full speed, and on their reaching a sharp corner in
Newark, the coach was overturned with a dreadful crash ; all
the outside passengers were thrown off, and one gentleman was
so much injured, that he died the next day: The .plaintiff was
pitched with dreadfulvelocity against a post, and her jaw-bone
broken, and several teeth knocked out. She was hurled beneath
the luggage, which had fallen on her, and when lifted up, she
was speechless, and could only make herself known by point.
ing to her pocket, where a letter was found by which her con-
nexions were discovered. In this pitiable state she was carried
back to the inn, where she was suffered to lie disregarded by
the proprietors, and at length the plaintiff was compelled to
take these proceedings against them, by which alone they
could be made to compensate her in some measure for the in.
jury she had sustained as well in her person as in her future
prospects in life. Miss Hughes was a young lady who had
been educated at the greatest expense in all the accomplish.
menta which wore necessary to qualify her to act as a goVernm
in a school. She was also a young lady who, beyond the ad-
vantages derived from a costly education, was heautiful.and
preposiessing in her person, and one who might with much pro.
pnety have looked forward to an honourable alliance with
some gentleman of rank and property. Her fair prospects were,
by this dreadful misfortune, no longer to be cherished; her
teeth had been knocked out, and she had not yet recovered the
use of her limbs ; her voice also was indistinct, and probably
never would'be again so perfect as it formerly, was. Thus the
purpose for Well she had been educated she Auld never
follow. Prior fo the accident she was perfectly cabable of
teaching French and dancing, but her voice was now so im-
perfect that she could not pronounce the French language
with any propriety, and she had suffered so much injury in
one of her ancleS, as to be unable to be an instuctress in the art
of dancing. From the natural formation of her fingers, she was
incapable of applying herself to music, so that in every respect
she was unfitted to pursue the course of life she had intended
to follow : and here let it be observed, that besides having lost
the benefit of her education, she had 'sufferedimmensely from
the pain she had endured by being thrown from a coach-top
against h post, and bruised with falling luggage, to such an ex,
tent as to remain speechless and insensible for a considerable
time afterwards. If the Jury were satisfied by the evidence
that the accident was occasioned by the gross neglect of the
proprietors, they were liable to make the aggrieved party a full
and ample compensation for all the loss that had ansen in con-
sequence of that negligence.
It was admitted that the defendants were the proprietors of
the Ifig/m/lyer coach, and that the plaintiff was a passenger by
it on the day of the accident.
The. Rev. Mr. Blackbume and the Rev. Mr. Tyson proved
the statement of the Counsel for the plaintiff,. and two surgeons
deposed to the tireedful injury she had sustained.
Miss Ann Maria Kane stated, that she kept an establishment
for young ladies at Montpelier-row, Blackheath ; Miss Iluglies
was under her tuition for five years,, for the purpose of being
completed as a governess for a school, and during that time
had the assistance of the ablest masters in her studies. She
left the school perfectly accomplished for the purpose, except-
ing in music, which, from a natural defect in her hand, she was
unable to acquire a knowledge of. She saw the plaintiff on the
day before she left town, and was shocked at her emaciated
appearance, and her pronunciation was such as to make her
unfit to teach either the French or English grammar. She was
also very lame : her age is 23,-
By the Cot:we—She should think the plaintiff. would never
be able to take the situation she was intended for, with the
same advantages She formerly had.
Mr. CLAILKE.—Pray, Ma'am, what was her personal ap-
pearance ?—lt was very good ; shehad a tine countenance, and
her figure was very prepossessing.
Mr. Bat.ouY objected to the beauty of the lady being thrown
into the scale by way of enhancing the damages.
Mr. Baron ()aim ow said it had been 'made part of the ease
It was those advantages which was said to be broken in upon
by this misfortune. I think the question was a proper one, and

you have a right to prove, if you can, that she squints, or that
she was not beautiful.
Mr. BALGUY.—I do it with extreme reluctance, but I am
now compelled to put a question, which otherwise I should cau-
tiously have refrained from doing, with the view of showing
that this young lady was in some measure deformed.
Miss Kane was then asked if Miss Hughes was not deformed
in one hand, and from what cause that deformity arose ? She
has an infirmity in one hand, with which she was born ; but,
notwithstanding that circumstance, she was well qualified for
her proposed undertaking, although she could not perfonn on
any musical instrument. The other hand was afflicted in a
smaller degree.
Before Mr. Balguy's question was answered,
Mr. Baron GARROW said, he had not the slightest objection
to it, but it had before been admitted by the Counsel for the
plaintiff, and proved in evidence.
Mr. BALGUY then proposed a question which
The JUDGE directed not to be answered. The Court could
have no objection to anTexamination on external appearances;
but it would not admit a-rigid investigation of the delicate re-
cesses of female health.
Mr. Hughes, the father of the plaintiff, spoke of the existing
ill health of his daughter. Sir Astley Cooper, and his relative
Mr. Rowe, bad both been consulted respecting her ancle, which
still occasioned her to walk very lame. Ber pronunciation Was
so much impaired, that she could not distinctly mention any
word in which were the letters th.
Cross-examined—Ele is .a coach-iron-furnisher. He had
never heard that the coach proprietors had made direct offers of
a compensation. Letters had passed between them on that
subject, but no offer was ever made.
This was the plaintiff's case.
Mr. Sergeant "%TAU (MAN addressed the Jury on the part of
the defendants. The Jury must be satisfied that there was a
culpable negligence on the part of the proprietors, before they
gave the plaintiff a verdict ; and if they determined that ordk
nary care had not been used in driving, the fixing negligence
on the servants was making the proprietors answerable for their
misconduct. He would not ask them to weigh the matter in
golden scales, nor say that greater care and attention might
not have been used ; he did not put that as a matter of doubt,
because the defendants had offered to make a compensation
aetording to the circumstances of the case; but he would ask.
them if the pockets of the proprietors were to be opened to the-
public, that men might dip in ; and whether, if an attempt
were made to make a traffic of them, they (the Jury) would
not resist such injustice? It had been complained of, that the
man who bad the care of the horses left the leaders to go to the
wheelers, and he begged to say he thought that was his proper
situation • for by checking the wheelers he could controul the
leaders. 'Defenaants were conscious of sufficient negligence to
lay a foundation for the action, and, as honourable men, they
wished not to shrink froln m king such a fair compensation as
the Jury should think proper to give.
Mr. Baron GARROW, in addressing the Jury, said, " You
ought not to give damages on the supposition that the defend-
ant% have conducted themselves with inhumanity, nor ought
you to make traffic of these actions by giving wild and extra.,
vagant damages; but *bile I tell you what you ought not to
do, I should also tell you that you ought to give a fair aud
liberal compensation for the • injuries the plaintiff has sustained
by being withdrawn from that situation and those advantages
in life, which her friends, by giving her a liberal education, had
prepared her to look forward to. This young lady, it ap-
peared, had been spending five long years of her life to quality
herself for taking .a leading part in a snilinary, and possibly
might have conic into the venerable situation o being the prin-
cipal of such an establishment. It had pleased nature to afflict
her with a deformity in her hands, by which she was prevented
from acquiring a proficiency in music, and she would conse-
quently feel the misfortunes which had fallen upon her with
greater force, as she could not compensate for the loss of lier
other qualifications by giving her abilities to the study of music:
Placed as she is in tins situation, I am of opinion you are bound
to give her ample damages. I am also bound to tell you, for the,
benefit of the
.public„ that my opinion, as to the situation opt
the man who has the care of the horses, is directly contrary to
that which has been stated ; and I should be sorry if it went out
to the public, that if the coachtnim and guard of a coach chose
to retire from their duty, arid placed a man to take care of the
horses who is drunk and vociferous, as he appeared to be in
this case, that that was not a negligence thr which the pro-
prietors were liable. They are bound to use all due diligence,
and to have competent men who will take care that no accident
happens through negligence, by which the prospects in life 01
the passemgers can be affected.
The Jury, after being- absent from the box several hours,
gave a verdict. for the plaintiff—Daniages 5751.

Multi)Ettd—Wenesday last, Mr. Wm. Wood,
of Eyam, Derbyshire, was discovered miirdered by the road-
side, between Disley and Whaley-bridge. Tits attrbeious mur-
der, there is reason to suppose, was comm tted by tihree men in
sailors' clothes, who followed him through Disley, both parties
having previously met by accident at a public-house in Hon-
lane. Mr. Wood (being on foot) left the house, and. wag: foi
lowed in about ten minute's by the three men who came up .
with him within a short. distance of Whaley, where he was
Ibund, his pockets turned inside out, and his head beaten in
the roost dreadful manner poisible. Mr. WOOD was 30 years
of age, and has left three children • and there is reason to fear
the murderers have had a considerable booty, as he received a
large sum in Manchester, though he paid several accounts on
the day of the murder. The villains proceeded to Macclesfield,
where they got each a new suit of clothes, and went directly
tO
M.inchester,- where they were taken into custody.
SUDDEN DEATIro.-141r. BOTT, one of the Inspectors Or
the Borough Skin-market, in Suffolk-street, by tradea butcher,
has for some. time been in the habit of attending Newgate-
market early in the morning, preViously to the commencementl
of his official duties in the Borough. It is the practice,
if the
skin inspectors are absent at six o clock in the morning, when
their business should commence, to fine them 25., and on Ss
turday morning Mr. Bott, from his exertions in running, from
Newgate-market to•arrive at his post in time, stink down aPd
expired. lie had twice before fainted from .a similar cause,'

COURSE OF EXCHANGE, July 22.
Amsterdam - C. F.
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Cadiz
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