The Sun.
London, England, 1810-06-22 00:00:00

LAIP REPORT.

KIWI'S BENCH, THURSDAY, TUNE 20. ,
METCALFE, BART. AND OTHEES, V. SMITH.

. .
This was an action brought by the trus!ees, of the
Globe Insurance Compinly to recover ttie ~sutn of
2501. the amount of premiums for insurances ye,
ceived by the defendant, who resides at Yolk, as
agent to the Company.~
Mr. GARItOW stated, that the defendant had
suffered 'judgment to go by default, and that he
had given to the plaintrtis.a bond, for, 2001. ; so
jthe
only duty the Jury. had to perform was to assess
the quantity of damages. He then called the Com
pany's accountant, If .t he not being able to pro=
duce an account letter, or any d•;cumeot by which
the defendant had admitted the amount of the
debt--

Lord ELLENBOROUGI 'obieri'ed there was no evi-
dence, but the Jury must find damages to a small
amount, 'as the defendant' acknOwledged the
justness Of some, by letting judgment go by default.
The Jury returneda.verdiot for,the plaimilis of
One Shilling damages.,

}IAWES V. BONTON.

This was an action to recover damages from the
defendant, for carelessly driying a thais,•, by v.hich
-the plaintiff's gig was overturned,' and his"wite 'and
children thrown out, and the horse materially in-_
Jured.
Mr. GARROW 'stated the case.. He said, the
plaintitF ,
was an eminent soap-mannfaeturer, and
the defendant, a turn-fa tor, in the- Borough. On
the 11th of iNlo telt last, as plaintiff's wife was corning
to town from their house at Twickenham, in-a gig, •
with two infant children, a man servant driving,
they were met near Mrs. Kensington's premises, on
the Putney-road, by the defendant, in a one-hot se
chaise, accompanied by a lady. The plaintiff's
servant perceiving the defendant drawing near the
side of the road he was driving on, drew up, with
one wheel on the foot-path, to avoid coming in con-
.taCt. The defendant, although he had twelve feet
space on the opposite side of the road, in older
to display his art an driving, ran so near that the
wheels locked in each other, and by the concussion
the shafts of the plaintiff's gig broke, and the car-
riage upset. Mrs. Hawes and the children were
thrown out, but fortunately without any other in,
jury but flight. The Plaintiff's horse went off at
full speed, with the fragments of the shafts, for two
miles before lie was stopped his legs wete mate-
' rially injured. The plaintiff's_ groom applied to
the defendant for his-address, which lie refused to
give, and dtove off pettedly unconcerned. A Gen.:-
tleman who saw the transaCtion, Ituew. the Lady
that accompanied the defendant;' by w hick means
his address was • traced'. 'This "statement was 'fully
supported by evidence, and also the' injury sirs-
tained by the horse and gig was, proved to amount
to nineteen pounds.
Mr. PARK, on the part of the defendant, did
not deny the accident, but contended that it was
done without intention. He was aware that a Ver-
aiEt must be given against his client, the defend-
ant ; but the only question for the Jury to-consider
was, how much darnage the property of the plaintiff
had sustained ? • • , •

The Jury, after a few minutes' consideration, re-.
tiiined a verdict for the plaintiff—damages 211.

On Tuesday was launched from the building-yard
of Mr. Gam'Alt, at, Harwich, his Majesty's ship
Vengeur, , 74 guns, in the presence of upwards of
3000 spectators, who were highly -gratified at so
grand and interesting a spectacle. The decks of all
the vessels in the harbour were crowded with
company froniffar and near,.and every boat belong-
ing to the place ocCUPied;" the scene was altogether
one of complete bustle and activity. The day, al..*
though a, little threatening in the -morning, was as''
favourable as could be desired. Not a single accident
happened.
There is now standing, in the house Of Farraline,
the seat of, Simon Fraser, Esq. Sheritf-depute of In-
vemessbire, a roof tree, which was erected by one
of his progenitors on the day itr)mediately preced-
ing the desperate battle of Cean Loch Lochy, other;
wise called Blar-teine, Le. field of shirtsf from the
circumstance of the Frasers, who were. nearly•ex-
tirminated on this occasion, having all stripped to
their shirts in bloody conflict with the Clanrannalds.'
—The battle was fought on the 2d July,, I 544. The.
tree or beam here noticed, which is of` birch, is
therefore 266 years old.
On Friday last, a cabin on the road &de, near
Aughrim, Ireland, took fire, and was consumed to
ashes, when, melancholy to state,. a poor woman,
named Mary Manion,• and three children, who lay
ill Of a Violent fever, were burned to death.An in-
quest was held on the bodies of the deceased, before
DANIEL M``NEvIN, Esq. Verdi& —Aci:idental Death.
A fourth child, belonging to this unfortunate wo.,
Man, was the only pet son of her family who escaped,
to relate the calamitous event to the toroner and'
Jury.

For the gratificat:on of Such or the Ilt!rdett
as approve of the ciitr.icetul exhibition of
we copy the following Speech of Mr. Fox, on thy
subject of Pailiamentary

Mk. PDX'S SPEECH AGAINST THE LORD MAYOR OF

LON DUN.

(Extracted from the Universal Magazitiei April 1771.)

" House repreSents the people.of England 5'
and whoever sets at nought its authority, •rts
nought the authority of TtiE PEOPLE. .G;nlTfinetti
may talk of the voice of the People. 1 shouki tsc
glad to know how it is to be distinguished'. Evei:t
'twin acknowledges, that petitions are but a'•yer
equivocal way of learning how' the'current Of the
popular opimon sets.. Fur my oWn.part, I think
both petitions and addre,,S s ,-f so a na-
ture,. that I will never acknowledge the voice of
People to be fully expressed any here', but in 10
House. Elete are united the m Aubs of die -eparal
bodies of men, dispersed over the kmgden, ; rI4
here they speak. I th,refore hill 'that the Alligi3-
trates of London have by their late acts been gutity
of a contempt,' 'not :only 011/e'er) ,:'inotis,
the 'peOple of England Our privileges ,trc the pi i^
vileges of the people ; our
The greater andluore awful we are, the greater ant
more awful the% become.

. " The House is.a- Coon► of i:self, led part of 4
highest Coutt in the nation, whiCh is superiorty
those of Westminster Ell! ; and what laws it iiens
in niakitt. are .to bind interior COuri.s.,-bw cannot hi
understood to bitid itself as ajCotirt.
_Sut_li a cir-
cumscription of its, power would .prOve riot only
dangerous, but deStrattive to the'lrignity of radial •
meat; and level them wi:h the -CohfoiOti courts 01
Law. Great care should be taleen'how restrainl
and limitations are laid upon tlie.proedings of this
House, lest, as it is the general iotpiest of the nacre}',,
j'ou reeder its power useless. Can it be siipposed,
that we, who -represent all_ the people, are not in-
trusted with as much power for the preservation ot
our own Constitution, upon-whieh 'the support df
Government so depends,mueh
as arc graet, d to or-
dinary Courts and (Niters, that are only. designed
. for the welfare-of pit ticular persons'?
.-" If the dOetrines now broached take place—ill
Magistrate can tale a de.inquent out of our han'l4
we become the scorn and contempt of tie wholj
nation., If we cannot oblige those i who have in'
fringed our privileges to appear at'our Bar, in ,ordei
to submit to reprimand or nueidntient, who wile
hencelorward pAy us any reg-rto -..A. brbk-ti Eli c'
tdr, or corrupt Returning Officer, wilt a sp se,yoo4
orders. He will .tell you,that he sill ::ox be ni,'P'd
but by his equals, and accordin,, to ,he law of 06' '
land. The cousegnences of iillowing this vioiatioti
of your ancient prescriptive pm ili:ges appear to 1.116 '
so fatal to your %Coy tAl:setice; that I cminot his `
tale a momeet in recommeni_ling vie,itiy,s 'nzeasdie?'
-" Suppose Miller h,ql b en gni ey 0. ugh i I'l'oo.
and misdemeanours, it will.oot, I toluti, adu
fit
6.. t. -
a doubt that you had a right to aporelr•nii and rill ',
him to condign punishment. To iletly this to-V41,:
the case is- to deny that you have a i ieht -to•iinpe3d"
Since then it is indisputable that yoe love a coosti`
ttitiOnal authority to apprehend in gicatef criinet
does it not follow, a fortiori, that you h ve the ga,lll
authority in Less? Were not this argionel
strengthened by long and ondiuted posi•esstori:P.- ~ 1
the power now in question, I would not be so 501'.
of its conclusiveness ; but o hen 1.:.-see.•thast -it 1-441
been exercise& and exercised wit' out- intetruP'l°l.l
ever since a 'House of Commoes existed; I On 11'3
longer entertain:the smallest 'doubt..
" If you say that, our:power ,of appreheridili
however legal And constitutional, elsewhereetS 11`:;
gal in the City, except slit. warrant be•sarictitaff
by. apity Magistrate, andserved by .a-.Ciiq ()rental'
I answer that such an irninunity would bet he stlii:
version of all subordination and -government. jib°. •
City would then be an Empire within an E Illi't
Then would be in the Datitio 'an independent an
self-e&isting power, whose interest 'might clash wit .
that of other parts, and render it refractory and "Lt;
govet nable7 Befog in some wee-suie detichedio!.l,
the Legislature, it might set on foot an 0pp054113,4
whirl] might introduce every: specieseof anarchy 4r'r;
confusion. flay! is not this already the case ? '..:.
it not a fad that the City, proud of its riches, 11°,.ncer
bers, and constitutional ,Mims, has sez its -ia.i.
against the Legislature, and dared'not only to diaoi
.to as, bat to the Soverei2n? I appeario 'the candOi
of every man presentewhether 1 do not fail)), stat
The matter. Even prein;lice and obstinacy, 10st
4
allow it. Is it not then time to rouse, and to cre
that. discretionary power with which We ireo ent't
•ed for the safety of the wholp ? Ought we:. not t i
check the evil in its commencement, before it: ba
tituti to itifeel other parts -.;" -
..,