The Sun.
London, England, 1821-12-17 00:00:00

DIIIECT 011 S.

STEWART MARJORIBANKS, Esq. M P. Chairman.
RICHARD MEE RAIKES, Esq. Deputy Chairman.
Wm4Caldwall Brandrarn, Esq. John Martin, Esq. M.P.
William Copland, Esq. Rowland Mitchell, Esq.
W. D. Dowson, Esq. Robert Mitford, Esq.
Sir Thos. H. Farquhar, Bart. John G. Ravenshaw, Esq.
J. Garratt,,Esq. and Alderman Robert Rickards, Esq.l
Nicholas Garry, Esq. • John Shore, Esq.
Wm. Haldimand, Esq. M.P. Edward Stewart, Esq.
John Harvey, Esq. Andrew Henry Thomson,Esq.
S. Colthurst Holland, Esq. John Thornton, Esq.
'George Jenner, Esq. John Tulioch, Esq.
John Loch, Esq. James Tullochi Esq.
George Lyall, Esq.

TORS.
Lewis Lloyd, Esc. • William Ward, Esq.
I
A. W. Robarts, Esq. M.P. Thomas Wilson, Esq.
Standing Counsel=L. Shadwell,Esq., New-sq., Lincoln's Inn.
Physician—George Darling, M. D., Brunswick-square.
Solicitor—Thos. Metcalfe, Esq., New-square, Lincoln's Inn.
The principles upon which this Institution is founded, have
been adopted after a mature investigation of the practice of other
offices, and will be found to combine advantages not hitherto
offered by any other Assurance Company.
The Capital subscribed by a numerous and respectable Pro-
prietary throughout the Empire, affords security for prompt
and certain indemnity, without the responsibility attaching to
Societies for mutual assurance.
The Company are bound by the Deed of Settlement to refer
all disputed Claims (where no fraud is suspected) to the decision
of Arbitrators, if required by the assured.
FIRE DEPARTMENT.
Persons Assured for Seven years, whether upon Annual or
Septennial Policies, are to be entitled to participate in the Pro-
fits with the original Subscribers, except on the Policies where
losses have been claimed.
No charge will be made for Policies where the Premium
amounts to 6s. or upwards.
LIFE DEPARTMENT.
Independent of a reduced rate of Premium,. as compared with
other Offices, having a subscribed Capital, Insurers for the
whole term of Life are to be entitled at thew end of seven
years to participate in the profits with the original Subscribers,
either by an addition made to the amount of their Policies, or
by a reduction of their future Annual Premiums at the option
of the Insurers.
Persons insured in this Office are allowed to pass by Sea
from one part of die United Kingdom to another, and also in
time of Peace to pass in decked vessels or steam boats from
British to Foreign Ports between the Texel and Brest, (both
inclusive), without extra Premium or special leave of the Di-
rectors, as is usually required.
No additional Premium will be required from Military Men
unless when called into actual Service.
No charge will be made for entrance Money or Admission
Fees.
No charge will be made for Policies beyond the cost of the
Stamp.

AUDI

To Sail in all Marcb, 822, for MADRAS and BENGAL,
THE regular Trader and superior
sailing Teak Ship THALIA, A I. and Cop-
t"! y
pered; Burthen 700 Tons, lying in the City Ca-
' "-1 41. nal; has a Poop, with excellent Acconnuedations
;•". fur Passengers, and carries a Surgeon.
- Fur Freight or Passage apply to Messrs.
FLETCHER, ALEXANDER, and Co. Devonshire-square;
or t,o JOSEPH PINSENT, Broker, 22, Birchin Lane.
N.B. No Goods will be received on hoard without an Order.

ALDWARK HOUSE, YORKSHIRE.—To
be LET for a Term, or from year to year, from Ist of
Mar next, a capital MANSION, called ALDWARK HOUSE,
with excellent stable and coach-houses, and other suitable
offices and conveniences, in complete repair, with pleasure-
grounds, fish-ponds, flower and kitchen gardens, containing
nearly three acres, walled round and planted with choice fruit
trees.; capital hot-houses, green-houses. and ice-house, now
occupied by Samuel Walker, Esq. with or without any quan-
tity of Grass Land, not exceeding thirty acres, in high condi-
tion. The Premises are showed about ten miles front Don-
caster, eight from Sheffield. and two front Rotherham, with
excellent roads, and within. reach of several packs of fox-
hound•, and the buildings are plentifully supplied with water.
The House and Grounds may he seen on application at the
house, with leave of Mr. ‘Valker ; and the Lands, on arpli-
cation to Mr. Thomas Eyre, or Mr. Thomas Rubel ts, both
of Rmutarsh.
Fur further particulars apply to Mr. Wagstaff, at Osherton
House, near Worksop, Notts ; Mr. Owen, Solic►tor, Work-
sop; or Messrs. Fuwnes and White, Solietors, Lincoln's-inn.

To be SOLD by PUBLIC AUCTION, within Mr. Cameron's
Rooms, 29, South Hanover-street, Edinburgh, on WED-
NESDAY, the 22d February, 1822, at Two o'clock in the
Afternoon,
FINE ESTATE in Strathmore, in the
County of Perth. The LANDS of CUPAR -G RANGE and
MILLHORN, with the BARNIE HI LL of BALBROGY,in the
Parishes of Bendochy and Cupar-Angus,with the Teinds, the
Fishing in the Rivers Isla anti Ericht, and a Freehold Quali-
fication in the County of Perth, to be exposed in One Lot, at
45,0001. The Estate consists of 890 Scots Acres, situate plea-
santly on the banks, and at the junction of thu Ericht and
Isla, and affords very eligible situations for a Gentleman's
Residence. The distance from Cupar-Angus is two miles ;
from Perth and Dundee, fifteen miles. Agriculture is in an
improved state in the district. There are many Tenants of
skill and capital, and there are good and convenient Markets
for all Land Produce. The Lands enjoy a good climate,and the.
'train raised on Cupar-Grange is of the first quality, and has
been long preferred for seed. The Soil is, in general, a good
loam, capable of bearing every species of crop. The inferior
grounds are susceptible of 'much improvement, and well si-
tuate for it, in respect to thing from Cupar, and marl in the
property.
Since this Property was last offered for sale, as almost all
the Leases expired wills crop, 1821, new Leases for nineteen
years have been agreed on, to commence with the next crop,
on positive bargain has been concluded for two of the
Farms, as it seemed advisable to leave a purchaser the com-
mand of these. Front the new Leases, and the offers by. re-
spectable Tenants for the said two Farms ready to enter Into
Leases, the gross Rental now extends to 2,1301.
The Timber on the Estate is valuable. The Water Falls
at the Corn and Lint Mills are of ample power for any Ma-
chinery which can be required.
If the Property shall not be sold in One Lot, it will be di-
vided into Lots, the particulars of which will be specified in
future Advertisements. A great part of the price will 'be al,
lowed to remain in the purchaser's hands.
Mr. James Anderson, at Couttie Cottage, or Peter Duffus,
the ground otheer, and the tenants, will strew the lands; anti
farther information may be bad on application to Messrs.
Thomson' and Fleming, Writers to the Signet, FS , Frederick-
street, Edinburgh; Charles Hay, Esq. of Ballendoch, by
Meigle; Mr. Charles Clark, Writer, Cupar-Angus ; or Mr.
, Richardson, 5, Fludyer-street, Westminster, London.

THE GRAND LAST DAY, AND FINISH OF THE
LOTTERY,
NEXT THURSDAY, 20TH DECEMBER.
HAZARD and CO. CONTRACTORS, re-
spectfully lay before the Public 001.. ich State of the
Wheel of the Last and Only Day of Dtsiiving;NEXT 'mutts-
DAY, 20th December, when all the following Capitals must
be Drawn, viz.:— ONE at Z 30,000!
2
2,000
1,000
3
3
4
Besides many other Prizes of 1001., 501 , 401, 301. &c. &c.—
ALL MONEY
WITH NOT TWO BLANKS TO A PRIZE!
Tickets and Shares are Selling by HAZARD and Co. at
their Old and truly Fortunate Offices, 93. ROYAL EX-
CHANGE ; 26, COItNHILL; and 324, OXFORD-STREET.
No. 16,427, drawn on Tuesday last a PRIZE of 5,000, was
Sold in Sbares.by HAZARD and Co.

This Day were published. in Bvo. price 9s. 6d.
IIErfERS of MARY LEPEL, LADY
H E !WE Y. With Illustrative Notes.
Printed for JOHN MURRAY, Albemarle-street.

On Tuesday, December 18, will be
in 13vo. pi ice 15s.
SARDANAPALUS, a Tragedy. The TWO
FOsCARI, a Tragedy. CAIN, a Mystery.
By the Right lion. LORD BYRON.
Printed for JOHN MURRAY, Albemarle-street.

UNEQUALLED TRAVELLING TO DOVER, DEAL,
RAMSGATE, MARGATE AND CANTERBURY.
FOUR INSIDE COACHES, AND KEEP GOOD TIME BY
By S. A. MOUNTAIN and Co.
SARACEN'S HEAD INN, SKINNER•STREET, SNOW-
HILL, LONDON.
THE following POST-COACHES, MAIL-
COACHES, &c. set out from the above Inn:—
The " Telegraph," DOVER, Deal, Ramsgate, Margate,
Canterbury, Feversham, and Sandwich, new Post-Coach
every Morning at a quarter past 7 o'Clock.—ln consequence
of the decided preference given to the above Coach, the Pro-
prietors are determined no expence shall be spared to render
it the first conveyance on that road.
BROMPTON, Chatham, Rochester, Stroud, Sittingbourne
and Rainham, every Morning at a quarter past 7.
FALMOUTH, Plymouth, Exeter, Weymouth, Dorches-
ter, Dartmouth, anti Salisbury, every worning at Seven ;
thiough Honiton, Axminster, Bridport, Blandford, Basing-
stoke, and Bagshot.
The " Union," SOUTHAMPTON, Lytuington, Winches-
ter and Basingstoke New Four Inside Coach, every Morning
at Eight; arrives at the Coach and Horses, Southampton, by
Five.—This is a most delightful Conveyance to the Isle of
Wight, Jersey, Guernsey, St. Mahies, Havre de Grace,
Cherburgh, &c. The Proprietors of the above Coach hone
to receive a continuance of that support which has hitherto
been experienced since the commtmetnent of the " Union."
No racing with other Coaches.
BATH and BRISTOL Flying Post-Coaches, through Chip-.
penham, Caine, and Marlborough, every Afternoon at one;
arrive at Mr. May's, the Greyhound Inn, Bath, and the
London Tavern, Thomas-street, and the Swann, Bristol, next
Morning.,—Coaches to Wells, Bridgewater, Taunton, and
Plymouth.
The UMPIRE, a New LIVERPOOL Light Coach, only one
Night on the Road, carrying Four Inside, sets out Daily at
One; arrives at Liverpool next afternoon at Seven, tinting!'
Woburn, Northampton, Welford, Lutterworth, Hinckley,
Atherstone, Lichfield, Stone, Newcastle, Knatsford, War,
rington and Preston.
SHREWSBURY, Wellington, and Sbiffnal, Post-Coach-
every Evening at Five.—Gnarded.
The UNION, WEYMOUTH,Dorchester, Blandford ,Salis-
bury, Andover, Blackwater, Bagshot, and Basingstoke new
Post Coach, every Afternoon. The Weymouth Packets to
Guernsey, Jersey, Cherbourg-, St. Maloc's, &c.
The ROCKINGHAM, LEEDS new light Coach, sets out
every Morning, at Eight; and passes through Baldockg
gleswade, Eaton, Silton, Greetham, Grantham, Bawtry,
Stamford, Newark, Itetford, Doncaster, and Ferryhridge, to
the Golden Lion, Leeds, next morning at Ten. Notwith-
standing the uncommon Expedition of this Coach, it is
allowed to be the most agreeable and complete Public Con-
veyance on the North Road, being unequalled by any other.
GLASGOW, Longtown, Gretna-green, Annan, Dumfries,
Brownhill, Thornhill, Sanquhar-Kiln, Canmock, Kingswell,
and all Parts of Scotland, a Post Coach (daily).
YORK, Scarborough, Whitby, Shields, Sunderland, New-
castle, and Edinburgh, New Post Coach, with a Guard
throughout ; sets out every Morning at Nine, by way of
Newark, Retford, Tadcaster, Darlington, Northallerton,
Durham, Mot peth, and Berwick. Passengers finding them-
selves fatigued on the journey, may rest what time they
please, and then proceed without any additional Fare.
MARLBOROUGH and Swindon, new four•inside Coach,
through Aldbourn, Reading, Lambonrn, Parton, Lydington,
Pewsey, Wootton Basset, Ramsbury. Hungerford, and New-
bary • every Morning.
BRIDGENORTH, Walsal, Shrewsbury, and Holyhead
Four Inside Coach, eves y evening.
BOSTON, Spalding, Peterborough, Stilton, and Hunting-
don RoyalitMail Coach, every Evening to Spilshy, Louth,
irr shy, and Hull, Afternoon at a Quarter before Six.
CARLISLE, remit'', and Whitehaven Post Coach, goes
with Four Horses, and a Guard all the way, passes through
Brough, Appleby, Greta-bridge, Richmond, Catteriek, Bo-
roughbridge, Wetherhy, Aberford, Doncaster, and Grantham.
Sets out every Morning, and performs the journey with the
greatest facility. Passengers detained on the Road by busi-
ness or pleasure, have the peculiar advantage of their Seats
being seemed in the next Coach.
KENDAL, Lancaster, Preston, Kirby-Lonsdale, Bolton,
Charley, Otmsktrk, and Garstang Post Coaches, every After-
noon at Five.
LIVERPOOL, Warrington, Kr.utsford, Stone, Stafford,
and Litchfield new light Four Inside Post Coach, called The
Defiance, every Evening at Five o'Clock, to the Saracen's
Head Inn, Dale-street, Liverpool.
WAREFI ELI) Post-Coach, every Morning.
CHESTER, Newport, Whiteehurch, Tarporley, Nampt-
wich, Northwich, and Middiewich Post-Coach, every Evening
at Five o'Clock.
SUNDERLAND, Stockton, and Yarm Coach, every
Morning, to the George Inn, Sunderland.
MANCHESTER, Winslow, Congleton, Neweastle,-Walsal,
and Wolverhampton new Four Inside Post-Coach, every Af-
ternoon.
SHEFFIELD and Rotherham Post-Coach, called the Rock-

ingbam, every Morning.
BIRMINGHAM Post Coach, sets out every Afternoon at
Five, carrying Four Inside; and passes through Warwick,
Leamington, and -Daventry, to the Saracen's Head, Bull-
street, Birmingham, next Morning at Ten.
HULL, Lincoln, Northcave, Bowden, and Doncaster, Post
Coach, every Morning, to the Cross Keys; Market-place,
Hull.
• HERTFORD, Ware, Hollesdon, and Cheshunt
every Morning.
TOTTENHAM and Edmonton Coaches (daily), at Eleven,
Half-past Two, Five, and Eight.
S. A. 'MOUNTAIN and t.o. respectfully acquaint their
Friends and the Public, that they will not be accountable for
j a►►y Parcels, Passenger's Luggage, Writings. Plate, &c. of
more than Five Pounds Valise, if lost, stolen, or damaged, un-
less entered,as such, and the Insurance paid for accordingly,
at the Sat acen's Head Ipu, Sauw-hAt, Lundoa.

COURT OF KING'S BENCH, DEC. 13.
WRIGHT V. WRIGHT.
Mr. FREDERICK POLLOCK read the declaration.
Mr. SCARLETT stated the case to the Jury. The plaintiff,
Mr. John Wright, was a respectable wine and brandy merchant
and spirit retail dealer, residing in Ratcliffe highway. The de-
fendant was his first cousin ; and was a linen merchant, residing
at Norwich, and also a man in a very respectable line of trade.
The plaintiff's wife was from that part of the country ; she was
from North Walsham, in the County of Norfolk, and was the
daughter of the Coroner of that County.
Mr. Abraham Lemmon produced the register of that mar-
riage at North Walsham, in the County of Norfolk.
Sarah Hubbard knew the plaintiff, Mr. Wright, as well as
his wife, who was a relation of her's before her marriage. Wit-
ness lived six years with them at Ratcliffe Highway. They
lived together very happily. Mrs. Wright served always at the
bar of her house, and seemed active in the business.
Cross-examined—lt was a gin-shop in Ratcliffe Highway,
and Mrs. Wright served out the liquor at the bar.
Mrs. Mary Stewart visited the family ; and for the last time
in August, 1820, when she staid there three days ; they lived
very comfortably, just as happily as other married people did.
Harriett Bankes lived as servant of all work with the plaintiff
at Ratcliffe since last September twelvemonth. She saw the
defendant for the first time there last March, when he came in
late in the evening, and slept at the house. On another day he
came and staid until 12 o'clock ; he supped with her master,
and she served him at the table. About three o'clock on the fola
lowing day, he came and dined at the house ; she over-heard
him express a desire to her master to go to the play ; her master
objected, as he said it was late ; but a coach was sent for, and
both he and her master went away in it. Witness had orders
from Mrs. Wright to get the spare bed ready for him (defend-
ant) oh that night. The two men (plaintiff and defendant)
went to the play about half-past 8 o clock, but about half-
past 9 the defendant returned alone, and she then first saw him
in the kitchen with her mistress, which was an unusual place
for the latter at that hour. Witness saw her mistress unex-
pectedly in the kitchen at that time, for she generally staid at
the bar when her mistress was out. She saw Mr. Wright the
defendant, in the kitchen kissing her mistress, and his band
down her bosom. On being disturbed by witness, they both
withdrew into the parlour. At eleven o'clock iey were in
nearly the same position as when she saw them in the kitchen.
They were standing together near the mantle-piece, but they
moved away on seeing her,—one at one side of the fire, and her
mistress at the other.
Jane Shuffery lived in the plaintiff's service, and knew the
defendant, Wight. She remembered the last occasion when
he came to the house and slept there. She recollected his dining
there, and going with the plaintiff in a coach to the play. That
was the first night he ever slept in the house. After dinner,
and just before they went out, the defendant said he should
sleep there that night; her master laughed at him, and said he
was joking, for as he had taken lodgings at a coffee-house, he did
not think he was serious. She remembered the defendant's
soon returning, and telling her mistress that he left master at
the play. She (mistress) then quitted the bar, quite against
her custom, and staid an hour and a half in the parlour with de-
fendant, without alight. It was in March.
Matthew Wiggins was a servant or cellarman to Mr. Wright
for two years. He knew defendant, who occasionally visited in
the house; he recollected his coming in the month of March of
last year. The witness said that while in the kitchen, he heard
a noise as if the chairs were moving about in the parlour. He
told the servant maid that he would go and see What they were
" doing on." Ile pulled off his shoes, and walked along the
passage ta the parlour as softly as he could. Witness went
round to the bar, where there were no lights ; the door from
the bar to the parlour was open ; he knelt on a mat which was
at that door, and peeped in, at the corner of the door, which
was a-jar.---i Here the witness described the position in which
lie saw his mistress and the defendana in the parlour when he
peeped in, and which left no doubt of the fact of adultery.l
Mr. GURNEY addressed the Jury for the defendant. They
had here no seduction, no arts, no deceit. A. to the condition
of the woman, she was, as they had heard, merely serving in a
gin-shop, and possibly romping with the defendant in the man-
ner her maids sometimes do, and out of that perhaps was fram-
ed the whole case. if the Jury thought this was case for
damages, he was sure they would think with him that the
smallest damages would be quite sufficient for such a transaction.
Lord Chief Justice ABBOTT, in charging the Jury, said, that
the first question which they had to consider was, whether they
believed the adultery had been committed. If they believed the
witness Wiggins, then, upon that point, there could be no doubt,
for on his testimony the proof rested, the other witnesses merely
speaking to acts of impropriety, but not amounting to the prin-
cipal act. With respect to the question of damages, it was
true that this case was unattended with the points of aggrava-
tion which sometimes are found in such offences. They would,
of course, look at the plaintifrs situation, at the injury he had
received, and at the probable means at the disposal of the de.
fendant. They would consider these circumstances dispas-
sionately, and appal don the damages which they deemed ap-
plicable to a case of this character.
The Jury consulted together for about five minutes, and then
returned a verdict for the plaintiff—Damages, 1001.
WINSTON V. GLOSSOPP.
This was an action against the defendant for an alleged
assault and battery. The defendant pleaded first the general
issue, not Guilty, and second son assault demeene.
The plaintiff's case was conducted by Mr. SCARLE TT and
Mr. J. `WILLIAMS ; and the defendant's by the SOLICITOR.
GENERAL, Mr. CASBERD and Mr. ADOLPHUS.
The plaintiff's case was in substance this i—ln May last,
when his. Majesty visited Drury-lane Theatre, of which the
plaintiff is Stage Manager, orders had been given to keep the
lobbies clear of strangers during his Majesty's entrance into and
departure from the theatre. The defendant, who is proprietor of
the Collura; Theatre, and one of his Majesty's honourable Band
of Pensioners, being in attendance on his Majesty on that occa-
sion, had sent his own servant to the theatre to wait for him
in case he should be wanted. The servant having stationed him-
self in one of the lobbies, the plaintiff, in obedience to the in-
structions he had received, desired him to withdraw, using an
expression, as was alleged by the defendant, of an offensive na-
ture, which being communicated to the defendant, he determin-
ed to resent it on the first occasion of his meeting the plaintiff:, It
was proved in evidence, that the defendant on the Ilth of May,
two days after his Majesty had been at the Theatre, called at
the stage door, and inquired, whether the plaintiff was in the
house. Ile was informed that he was, and an offer was made to
bring Mr. Winston to him, but the defendant said he did not
want him then ; he, however, wished to know at what hour the
plaintiff usually left the theatre to go to dinner. Ile was informed
that he was a very punctual man, and that he generally left, the
house about ten minutes before four o'clock. This was about
12 o'clock, and about 20 minutes before four in the afternoon
of the same day the defendant stationed himself with a horse-
whip in his hand at a hatter's shop, nearly opposite the stage-
door in Little Drury-lane, to wait for Mr. Winston's exit from
the theatre. At four o'clock the plaintiff came into the street
for the purpose of going to dinner, when the defendant instantly
crossed over and began to horsewhip the plaintiff; giving
.him
several blows across the shoulders. The plaintiff, who is an
elderly Gentleman, and rather low in stature, held up his walk-
ing cane to ward off the blows, upon which the defendant, who
was stated to be a gentleman between 34 and 35 years of age,
of a powerful frame of body, and greatly superior in strength
to the plaintiff, changed the whip to the left hand, and with his
right hand, struck the plaintiff a violent blow on the face,
which blackened both his eyes. One of the spectators interposed,
and remonstrated with Mr. Glossop upon the craelty of so treat-
ing a man so much inferior to him in size. The defendant
immediately said that the plaintiff had insulted his (Mr. Glos-
sop's) servant, and had turned him out of the lobby of the
theatre, using the expression, " turn out the lamplighter," In
continuation, ne said that he would horsewhip Mr. w inston
wherever he met him, and adding "now you shall see," and
resumed the use of the whip, striking the plaintiff several ad-
ilitional blows. The parties then separated. One witnesasaid,
that Sir. Glossop, in addressing the plaintiff, observed " know
that my servant is a Gentleman, but you are a scoundrel and
a blackguard," or words to that effect. It did not appear that
Mr. Winston had given the defendant any provocation at tile
time this outrage was committed, nor was there any evidence of
any previous cause of offence.
The SOLICITOR-GENERAL addressed the Jury on benalf of
the defendant, and admitted that they must find a verdict against
the defendant, and the only question for them to consider was
the amount of their damages. In considering that question,
they must take into account the rational probability that 31r.
Glossop had 'received some gross insult to justify the intemper-
ance into which lie had been betrayed ; for it was hardly to be
believed that he could act in the manner proved without sonic

COURT OF COMMON PLEAS, DEC. 15.
FOWELL, GENT. V. CAMPBELL.
Mi. PLATT opened the pleadings, from which it appeared
that this was an action brought by the plaintiff, an attorney,
against the defendant, one of the clerks in the Custom-house,
for driving his chaise against that of the plaintiff, and thereby
injuring the plaintiff's wife. The damages were laid. at 60.4.
and the defendant had pleaded not guilty.
Mr. Serjeant PELL stated the case to the Jury.
Mr. Lee Thomas,,a surgeon, who was called in to attend Mrs.
Powell after the accident, stated that the injury was so great
that a mortification appeared likely to follow ; the injury arose
from one of the wheels having gone over the right leg of Mrs.
Powell ; her health suffered considerably.
Richard Neal; a fruiterer, residing in the City Road, proved
that on the evening in question, he had seen Mr. Powell coin-
ing into London at the rate of six or seven miles an hour ; the
road was about 41 feet broad ; the defendant was going towards
Pentonville at the same time ; he was not then whipping his
poney at a furious rate ; plaintiff was on the left side, within
two or three feet of the path; defendant was coming from town
on the same side, but nearer to the pavement than the plaintiff;
he was indeed on the path ; defendant's gig came in contact
with Mr. Fowell's chaise, and broke the shafts, and beth plain-
tiff and his wife were thrown out. Witness thought defendant
was in liquor, from the abusive language he used ; the plain-
tiff's horse was a very spirited animal ; and the defendant's
was only a poney.
Other witnesses also proved the circumstances of the.case.
Samuel Dougall, a coachmaker, repaired the plaintiff's gig ;
the expence was nearly 141.
Mr. Serjeant VAUGHAN, for the defendant, contended, that
the circumstances which had been proved certainly. did not en-
title the plaintiff to any heavy damages. He admitted that the
defendant was at the time inebriated.
Lord Chief Justice DALLAS observed that drunkenn-ess was
no excuse for criminality, nor any defence, in civil cases, except
where the validity of contracts was the question for the decision
of a Jury. The Jury, considering all the circumstances of the
case, would be governed by sound discretion in their verdict.
The Jury consulted for about five minutes, and then gave a
verdict for the plaintiff.—Damages, 3.501