The Sun.
London, England, 1803-03-24 00:00:00

I RONtriOn; ER v. note.

Mr. GAar. ow stated, that this xt.as an aelion to
recover the value of a very fine horse, which had been
killed by the negligent conduel of the Defendant in
driving a chaise cart. The Plaintiff, Mr. Ironmonger,
was a proprietor of • several coaches, which run he_
t ween London and Brighton, and places adjacent.-
'The horse which was killed, was usually kept for
his own use, and served him as his Charger, he being
a Member of a Volunteer Corps of Cavalry; but of
late the animal had had but little exercise. He told
the coachman of the Guildford stage, in whom he
had great car Hence, to use him occasionally, by way
of keeping him in health: He stated this to aced-tint
why so good a horse was fnund.to a stage coach. The
Defendant was a butcher residing at Epsom, in this
county, and prided himself upon only one thing, but
that thing was his delight to 'such an extent, that it
seemed as if he,wished it should be engraved on his
tomb. It was .this., Ott he possessed the- fastest
trotting horie in' the county, and that he and his
horse could oast-trot alt the world 'But in his ex-
cursioni upon this horse he did not always proceed
as much care as expedition ; for it happerod
that one evening in January lasir; when Unfortunate-
ly the animal in question was in the Guildford
coach, at the botttin of the hill,, near Leatherhead;
lie drove his chais&-cart so unskilfully and so furi-
ously, that.the shaft entere&the thigh of the horse,
and eatised his death,
The Coachman deposed, that on. the evening in
question, hei was going over the ?ma softly,
just at the bottom of the hill near Leatherhead, lie
6.l'w something coming, which run zigzag act";,"
the road. He called out as it approached him, .anti
drew up close to his own side of the road. He could
tint, however, keep clear, the DefeAlant's cart
came direct} upon him with such velocity, that the
shaft was driven nine inches in the flesh or the off
hind thigh ; the poor animal screamed out like a
child that/ was severely beaten. The Defendant
jumped up at receiving the shock. Before that time
he had evidently been lying on his back in his(Ort
upon the straw
.at the bottom, probably asleep.
Ne abused die.' Witness a great deal, and swore
he would not give his name, but at length he did.
%\r Ciinch saicj, that previous to the accident, he
had offered Mr. Ironmonger 75 guineas fOr.the horset
and. would willingly have given too for it. He
believed the animal to be worth it.
Mr. Serjearit BEST, in croexamination, in vain.
attempted to prove that thei.Coachman was drunk:
Vadid fur the Plaintiff—Damages 55 guineas.

CROWN SIDE, MARcu

Axsor,t.

31Ini Connell, C baths Connell, Lyot,
were indided for maliciously and wilfully 'setting
fire to a barn, containing various articles, the pro,
perry of Thomas Morris, at Merstam, in this cotat.
ty, on the 29th, day of August het.
Mr Ev. MQRRIB stated, that -this was the most
atrocious case which had been presented to the Jury
tiuring the course of the . present Assizes. The
three Prisoners had worked with- Mr. Morris, a
farmer at, Merstam, during the late harvest, but
he having,reason to be dissatisfied with the mode in
which they did their work,' on' Saturday the 28th
of August lair, let 'them know, that Ite would dis.
charge tkent. It would be in evidence befOre the
Jury, that when he told them so, they replied. they
would be revenged of him. The next day he sent
for them to a public house in that neighbourhood
(the Fox), and there paid them off. It would also
appear that this was another cauri. of provocation
to them; for they had run 'a score with the
landlord of that house, and they rather wished,
to be paid at another place, that they might not
be called upon to pay the debt they had there
contratled. It was but just); however, to State
that there was a material ,distindion with re.

Merstam, and a servant of Mr. Hilton joliffe. Ae
rented the barn and premises which were burned
down, of that (entleman. He had -einployed the
Prisoners to reap his wheat, but being dissa.
tisfied With them he dischargeL them. On the
Saturday-the zgth of August; when he discharg.
ed them, they said he should repent for
they would do him a mischief. .They had reaped
the field a zig-zag, and not fairly. d-le insisted they
should square their work before he returned from
market, where he was then goingond that he would
pay them off on his return. They spoke
,Irish to-
gether, and then one said, if they were not to.rekp
the whole field, they would be paid 18s. per acre ip-
sTead of 15s. On the Saturday morning he measured
the work, and then took them to the Fox, where he
paid them. They owed the landlord some money,
and he paid them there that he might get it. He
called William Lyon in first, and gave him the
money, saying to Brooks, the landlord, " There,
you may now get your Huey:" 1.4y0n looked very
angrily at him, and said,, "-Yon use us very ill,
in not letting us finish the field, but you shall surely
I repent it." The Witness went home and looked
round his barn and premises, to see all was safe.
Every thing was perfectly so. There was nothing
belonging to them in the barn. In a little time after
he got home, his family being at church, as' he
• was looking about the yard, he saw Lyon and
Charles Connell_ going sharply by towards the barn.
There was no road from the barn, except across
'the wheat. He returned to the house, and about five
minutes his son came in,
_crying out—" Father !
lather! the oat' barn is on fire! There were so
acres
,of dry pease in that barn. In five minutes
the barn was completely on fire. The fire ran
along the ridge of the barn among the dry pea
haulm, and the
,roof was blown up almost instant-
ly. The:barn was quickly burnt down ; a corn
stack, of 36 sheaves of Wheat,
,a hay-rick, and
nine loads of loose straw, were all quickly de.
stroyed ; eight horses burned, four dead ; four after
wards were cured, but at a great expense; and in
attempting to rescue them, he had nearly been burnt
himself. The value of what was' lost : was 12751.
.his own property, besides some that belonged to Mr.
Joliffe; The fire could not arise from fermentation, ,
as never was any crop more dry than the pease were
when carried.

Thu. Alex. Morris,
.son of last•witness, said, on:
the Sunday the barn was burnt, he was standing
at the door about two o'clock, and saw Lyon and
Charles Connell going towards the barn, In about
four or five minutes he observed a little sinoketotn-
ing out of The further corner of the barn. He got
over the stile, and then he saw the corner in flames.
He immediatey% called his father out. There was
no road from the barn but the way the Prisoners
went, and he did not see them return ; there.
fore they must have gone across a wheat-field when
they left it.
Wm. Bletchi labourer,• said, he was near these
premises on the Sunday when they were burnt dowo.
On that day, about two o'clock, he saw C. Connell,
and
,WM. 1..,) on. He was Sitting under a hedge eat.
ingbisrdinner. Saw them coming from the barn
across the wheat.field. He saw the smoke from the
barn before he saw the Prisoners. He followed
them, and saw them go across the common. They.
then broke the road, went, through a hedge, and
round a f;illow field, instead of going the direct road.
The Prisoners being called upon their defenee,
William . Lyon and Charles Connell both Spoke. A
long time with great fluency, and with the coarsest
brogue ; but ooughahey uttered a torrent of words,
it was scarcely intelligible as to what they meant
to say.' They seemed, however,. to ground their
defence on the improbability, that they should cont.:
mit such a lad in own day.
The Judge told John Connell, that he need not say
any thing ; but both himself and the other Prisoners
begged ow be Might be beatd.too.
The Learned Judge having.stimmed up the. evi.
,deuce co the Jury, told them, that in his opinion,
'it was a clear case against Charles Connell and
limn Lyon.. They could not expel. positive proof
of the commission of such a crime, and it seemed
to him, that the circumstances of the case were very
conclusive. The ProsecUtor had been round die
barn but a abort time before the fice happened', and
• then.all was perfedly safe., If there had been any
fermentation gairtg forward, it would have disco.
vered itself by the • sour sine!! ; but there was ano.
;her fad to destroy that presumption; if the fire had
originated in fermentation, it would have broke out
at the bottom ; • whereas, the evidence proved, it
was first 'seen running along' the dry -pea haulra
in the roof. If, however, they entertained any Tea.
sonable doubt, they would acquit the Prisoners.—
With respe(tlsa John Connell, he observed,. he did
not appear to'have been there at all, and therefore ,
they must acquit him.
Charles Connell, Guilty—Lyon, Glrilty—PAn
Connell), Not Guilty.
• The PrOkecutor afterwards applied to the Court •
for his expencet,_stating that he was not iusured.

DIED.'
Tuesday morning, at his house in Upper Harley-street, the
Lady or David Scott, Esq
On Tuesday, at Ringwood,. Surrey, William Smith, Esq.

NAVIGABLE CANAL PROPERTY, LIVERPOOL
BOOTLE-. WATER-WORKS.
•M ONTII LY SAX. E,
By Mr.

On FRIDAY, the tst of April, at Twelve o'CloCk, at
Garraway's' 'Chaiv-alley, London,
THE OXFORD CANAL, Five Shares of tool.
each, in this established and- improiring Navigation
the Dividends have steadily advanced to the rate of tzi. per
Share per Annum, with fair prospects of considerably ttt
creasing. The GRAND, UN C,ZON and PADDING,
TON CANAL Original Shares, and Half Shama.- The
LOWER TRENT NAVIGATION, Two Shares of ieol.
each, paying 71, per Cent. ;ler Annum, The UPPER
TRP.INCI NAVIGATION, Ten Shares. The '!LIVER-.
POOL BOOTLE wATE It-WORKS, Five. StiareS, 'pos-
sessing fair prospeaa of proving eminently• advantageOus
to the Proprietors. Also Shares in the -ROCHDALE,
ASHBY DE LA ZOUCII, KENNET and AVON, and
the BASI•NGSTOKE NAVIGATIONS. .
Partieulari; at the Hen and Chickens, at Birmingham; the
Bear, at Reading; the Star, at Oxford; White Horse, Ux-
bridge ; Hatchett's Hotel, Piccadilly ; at, Garraway's, and
Of Mr. Scott, Ludgate-hill, London; who is Commissioned,
.to dispose of Shares in various Navigations, Estates, &c. by
Private Contrati, . . , •

NEW MEDICINE AC 1„
•
At the only Warehouse for Dr, IAM ES's POWDER,
No, 4s, St. Paul's Church-yard, London.
THE foIIowingMEDICINES
.are Sold,
,at the
Prices annexed,. including: the Shoup Duties; and. as
it is enacted, that froin;the tat of September, Ita2, thC
Stamps should be applied to Proprietary Nledieines, as
well for Foreign as for tiorne Consumption,, and as a con-
side.rable Addition is made to the Stamps, on the articles'of
higher value, or those in bulk. the prices of Dr. lames's
rowder will be in titturc is. 0. per Packet, or tl. ss. Oti.
per Doz,..n ; but the quantity of a Dozen Packets in a llot-
tle (as made up for the Army and Navy) may be had for
tf. 45. And as' by favour of the Commistionerl of the
Stamp Office,
.laces are prepared fOr Mr. Newbery's sepa-
rate use, with his ,iarne engraved in each Stamp,- the Public
will be careful to observe, that the words, " F. Neweeq,
Ka. St. Paul's," are printed in the stamps of all' ins
Medicines; and as it iSlresuniefl that this wif„6 be a stilti.
Lient security against Cottot,:deits, his Signature on the
Labels ou iatuo's Powder will-be discurninued from
henceforward. •

- Stamps will be allowad gratis, as Usual, to those who
purchase Half a Dozen or -more at a time,', of tho• lower
priced 'anicles. d.
Dr. lames's Powder 2 9 Lotenges of Blois ,
Do. a Bottle - 24 o Freake',sTina.of Bark 4 o
1)o. Analeptic Pills 4 6 ,Do. Iluiharn's - 2 9
Do. large Box . •24 o English ColliNs , 3 6
Dr. Steer's Opodeldoe z 6 Gettuitie Arquebusatle 8 6
Do. Convulsion Oil - 2 6 Orinskirk.Mulicines 8 6
Do. Camontile Drops I 9 lnglish's Scots Pills t
Do, Paregoric Loatinges t ,Essence of Peppermint` t
Berry's Bilious Pills 4 6 Grant's Drops -
Dr. Austin's Chalybeate Dr..Hooperis Pills t ti
ditto • , 4 0 Glass's Magnesia - 3 6
Dalby's Carminative t 9 Henry's Ditto - 2 6
EsseticoolColtsfoot 3 6 Norton's. Drops - 5 6
Cephalic Sntill' - o• 9 Spilsbury's Drop 5. 6
51k:tire' Dentrifrice . 4 o Dr. Sulander's Tea 2 9
lones's Rheumatic 'fine- . Grettiough's Tincture t
tore - 3 6 Do, Tolu Lozenges I q

N.. 14.. StarnpA With ICri. Newbury's Na-te die affixed t;
the first twenty Articles above enumerated ; and as many
Persqns, particniarly Servants and 111essengers, mistake his
House, he is under the necesiity'of pointing out,. that it is
at the East End of St. Paul's, neArest to Cheapside, and
that it tus a Large White Stuccoed Front, on which these
Words are inv:rihed.: '" ONLY,WAREHL)USE
FOR DR, fAIVIES's POWDER."