The Sun.
London, England, 1819-05-31 00:00:00

FOR TEIF, SUN.

• .
M. tnitoft—l dispose myself to betiei"e that
the Gentletnan who did me the honour of assum-
lug my signature intended no injury to the Pro.
teitant Cause. You, however, acted with your
wonted propriety in declining the insertion of his
favour, since it is an established point of cour-
tesy that one Writer should not adopt lie accus-
tomed signature of anOther. In tl,is instance,
what I ant willing to believe, the zeal of your
Correspondent has fore-ran his discretion ; and
though I shall not question his signing himself
VIGILIOR, or even VIGILISSMIS, I nitlit beg
to retain the Etclusire assumption of that sig-
nature to which, so many Vrotestants have attach-
ed an importance, due rather to its subject than
to its possessor. 1 have so little doubt, too, that
my cotnpetitar, or colleague, Whichever he may
he, would soon enable the public to decide which
was " the veritably Amphytrion," that I need
hardly take upon myself all the consequences of
VIGIL. But I love the difficulty, and lam proud
of the danger. I am much obliged 10 you, Sir,
for not permitting another to stand in the breach
which I have mounted.

Your Correspondent advises the publication of
the Bishop or NORWICH'S Speech on the Popish
Question, that, as he says, " we, of the Church
of England, may be acquainted with his motives
and ressonings."--To its publication I shall be
very far tram objecting, fearless as I am of even
Netter " reasoners" than his liberal Lordship.—
I should be glad, indeed, of the opportunity of
answering it, it worthy of an answer. But for
his '' motives !"—Lords of Parliament are ticklish
things, and to discuss the 6' motives" of the good
Bishop might bring me into a scrape, which I
would rather leave to the other Gentleman who
calls himself

VIGIL.

P. S. I rely on your continued kindness, Sir,
to relieve rue trout any nteessity of vinclicatiug
the real VIGIL, like RowLAND's Macasiar 0,0, or
PAcx.woon's [Razor•-strops, with a " Beware of
Counterfeits."

*** A Letter, signed VIGIL, was lately sent to
us; hut as we knew that it did not come from the
Correspondent whose signature it assumed, and
to whom we heve often been indebted, we tfans-
mitred it to the latter, from- whom we reseived
the above article, which ,intockily h 45 been mis-
laid.

Major cAßTwitzGli r and Mr. HOBHOUSE.

In the first account of the dispute between
these virtuous Patriots, profound Politicians, and
sagacious Reformers, the Nlajor displayed an ap-
itearance Or Kuight Errantry, which seemed to
chew that his opponent was not prompted by the
same spirit of romantic heroism ; but the following
explanation, which the. latter has given to the
Public, throws a new light on the Matter, and
apparently indicates an unnecessary parade of
courage on the peirt of the galk,tit
" Had Mr. ilohhons, used the. words imputed
to him, he would, of his own accord, have apolo-
gized for them. with the same readiness as, of his
Own accord, he contradicted them. But he did
not use them ; and what he said of the " Ad-
dress" was so qualified as to show that be forgot
neither' the Major's chat vier nor his own. lie'
called some Sidtements in the Address false ; but
he at the Paine time said, " that they had of igi-
!laced. no doubt, trom some extraordinary mis-
conception ;" language in daily use in all public
discub,ions.

" Mr. Hobhoose has to observe, that when
the Major in bis letter bins that a private re-
monstrance against the statements contained in
his Address would have been more in form than a
public comtnetit, he seems totally to fog, t that
Mr f-lontiouge had already made that private re-
monstrance, and had ;:iven the Major the option of
hi!nselt contradicting a, false statement affecting
Mr. Hohhouse in the Address fo the Electors—he
seems totally to forget that. the "Tavern valour"
which he ascribes to Mr. Hobbouse had been
preceded by the mach bolder exploit of privately
attemptiag to persuade the Major to recognise
and to correct a mistake.

" Mr.,Hobliouse has to add, that if the Major
had recollecti'd it was usual to make an enquiry
as to the ccuracy of re-or; p ed words previously to
any remonstrance, be would hardly have invited
Mr. Hobhouse to add to the stock of public
amusement during- the Whitsuntide holidays, by
engaging in the singular controversy which he
seems to propose.
" Whitton Park, Sunday, May SO."

Thursday lest one of the Artificers in Wool-
wich Arscual, being deranged in -his mind, at-
tempted to destroy himself by poison, but being
found out, medical , assistance was procured, and
his lite was saved ; the next day he made ano-
ther attempt, by throwing himself into the river,
but being discovered, a boat put off and brought
him on shore ; on Saturday he seemed something
better., and told his friends be was going to work,
but has not been heard of since ; his friends are
under the greatest anxiety for his fate.
Disadvantages of being but/I.—Last week, a
Geo:ler:lan made his appeor.ince in Huddersfield,
and-went to a proprietor of one of the coaches to
take a passage. for Manchester, but owing to the
enormous size ()fills person, he was refused, unless
he would consent to be taken as lumber at 9d.
per st ; hinting at the same timetheadvantage
of being split in two. The Gentleman was
not to be disheartened by this disappointment,
hit adopted the plan of send ug the hostler.
of one of the inns, to take a place for him, which
he did, and in the morning, wisely took the pre-
caution of fixing himself in the coach, with the
assistance of the by-venders, from whence.
he was not to be tennoved very easily. Thus
placed he was :o take his destination. The con-
sequence was, on his return, he was necessitated
to adopt, a similar process, to the no small disap.
pointnient of ►he proprietors, who were compelled
to convey three Gentien;en, who had previously
taken their places,. in a chaise, as there was no
room beside this Gentleman, Ail() weighs about
36 stone ! !.!—(Leeds Mercury.)

POtTRY.

On the AN'N'IVERSARY of ILe• 111 of tFie Right Hon.

IVILLIAII PITT.

Inscribed to N. ATCHESON, Esq. FoUNDER of the PITT CLUB.

WRITTEN BY MKS. COCKLE.*

Is there a bosom on this honoured Day,
That (loth not kindle with the Patriot's fire?
A Muse that loth not ash a charmed lay,
To break the slumbers of each silent lyre ?

To tell of Britain's greatness ? and that Sun,
*bleb in the fulness of its cheering ray,
And ni its course of brightness proudly run,
Sunk midst the splendour of his glorious day.
To hail that happier hour which gave with pride
Anothei. 4Cfi.vrnetvi to a Nation's Pray'r,
A Son who with a Sire immortal vied,
And claimed a kingdom for his guardian care.

His Was no pause in honour's bright career,
• Lilie his own Albion on the sea-beat shore
8e caught the tempest-soond with list'ning ear,
Nor trembled at the angry surge's roar.

't But when they madly burst with torrent force;
Prompt at the helm he steer'd, With firmer hand,
The sacred vessel in her dauntless cuurse, •
And husb'd the swelling storm, and hail'd the land.

Nor his to mark that awful strife alone,
Dome§tic conflicts—rash Rebellion's hour;
Ile taw to shake his Britain's honour'd Throne,
Contending nations lend their hostile pow'r.

But saw, and trusted in that better cause, ._
That nerv'd with giant strength each Patriot arm,
Their God—their Home—their Liberty—their Laws—
The sacred watch-words—the protecting charm.

And they DID march to Congaed, Glory, Fame,
That onward march, which, in their destiu'd way,
Fix'd on the Beacon many a deathless name,
Those guiding lights to many a kindred day.

Their orbs are set like his, and that high name,
Which 2ittal greatness to a Rival rave, ,
Like Ms is sepulcheed—the voice of Fame
Sounds all unheeded o'er each silent grave.

Thine was the tide of eloquence that flows,
(Lamented Statesman), like the mountain stream,
When' the bright Sun in dazzling lustre throws
The gathtr'd splendours of his noon-tide beam :

Amidst the music of the rushing storm,
Bursts in full radiance from his heav'nly height,
And on the bosom of its awful form,
Pours the full lustre of celestial light.,

Mute now that matchless melody of tongue,
Like the ~rapt Poets o'er some gifted lyi e !
That voice on which applauding Senates hung,
i\lidst Roman eloquence, Athenian fife.

And yet not lost its counsels—they shall vie
With proudest records of thy favottr'U land,
Give that great name to Innoorlatity,
And 'midst thy Country's chnrter'd lileSangs stand.

*The talents of this Lacly are well Itnown to the -Public
by malty pm.tical Etiii,ions4lid Tracts oo EDUCATION, which
have justly raised tier name iu literary esthuation.
t It will be unnecessary to recal to the ;leader the conduct
of this Illustrious Statcsinan dui iug the period of the Altitirl
at the tiurc.

REGISTER OF FASHION.

DUCHESS OF KENT.

The following Bulletins respecting the health
of the Duchess of KENT \vete issued on Saturday

and yesterday:—
" Kensingtot, Palace, Saturday morning, May 29,1819.
" Her Royal Highness the Duchess of Kent and the Royal
Infant continue to do well.
(Signed) " J. WILSON,
" DAVID D. DAVIS."
" Kensington Palace, May 30, 1819.
" Her Royal 1-Tighness the Duchess of Kent, and the infant
Princess, continue in the same state as in yesterday's Report.
(Sigssed) " J. ►j'ILSON,
" D. D. DAVIS."

DUKE or KENT.—To the satisfaction which
this Prince must enjoy at having his Royal
Infant born in England, must he added, that
of its being born on the birth-day of our re-
vered Sovereign. The 24th of May, the day on
which the Duke of KENT'S Child was born, is
actually the birth-day of she KING, which was
trar,sferred to the 4th of June, from the cliange
that took place from old to new style. The Du-
chess of KENT continues to suckle the infant,
which thrives most favourably.

FASHIONABLE PARTIES THIS EVENING.
Lady Heathcote's rout, Grosvenor-square.
Lady Northland's rout, Upper Grosvenor street.
Lady and Mrs. Bt rout, Grosvenor-place.
The Earl and Countess Grosvenor's Entertainment, Gros-
venor House.

The Eat' and Countess of Bridgewater's Entertainment,
Grosvenor-square.
The Right Hon. Charles'and Mrs. Long's Entertainment,
Bromic

Prince Esterhazy gave a Grand Entertainment ycst:rday
evening to upwards of 300 persons of the first. distillction:

Tile Duchess of Gloucester visited the DUke and Duchess
of Kent o!,. Friday.
The Dula: and Duchess of Gloucester" visited the Prince
Regent yesterday, at Carlton House.
The Duke tie San Carlos gave a snroptuona entertainment
yesterday, In honour of the Kir.g of Spain's kirth•day, to
roost of the Foreign Ambassadors, Ministers, and It numerous
party of distiognished personages. In the evening tire
Duciress had an elegant fashionable party in Portland-place.

The Duke and Dochess of Grafton gave an elegant enter-
tainment on Saturday to a party of distinction, at their house,
Clarget-street.
The Marchioness of Salisbury left town on Saturday, for
her seat, Hatfield.
The Countess of Hardwicke has left town for her seat,
Cambridgeshire.
Lord and Lady Grenville have left town, for their seat
Dropm ore.
Lord Falmotith returned to town on Saturday, final his
teat in Berks. •

Sir Wathin and Lady Harriet Wynn left town on Saturday,
fur Droatnore, on a visit to Lord and Lady Grenville.
G. Callaghan, EM. has left Warren', Hotel, ltvicut•
street, on a tour.

LAW INTELLIGENCE.

COURT OF KING'S- BE CU, MAT 29.

SLAN DER.

MORRIS V. MACKINNON, M. D.

This was an action for lantler.—Mr. BINGHAM
opened the pleadings, The declaration stated,
that the plaintiff being employed i❑ the blisinuss
of an apothecary and accoucheur,. and having for
many years borne the character of a person well
shilltd and quaflfieti for such busii,ess, and having
carried on the same with great pl.& and aavan-
tage, the defendant, contriving and intending to
injure him, had wilfully, malicioindy, and with-
out at:y probable cause, uttered the following
slanderous wolds of and concerning the atten-
dance of the plaintiff on the child of a Mrs.' Bol-
ter, namely :----" Your baby has been destroyed
by calomel: the pallet of the mouth, the hones of
the head, and the root of the tongue, have been
entirely destroyed by mercury," &c.; by reason,
of which slanier the plaintiff. was greatly injured
in his profession,-his former patients having cens-
er' to employ him. The defendant pleaded the
general issue—Nut Guilty. The damages were
laid at 50001.

Mr. SCARLETT stated the plaintiff's case, and
pointed out to the Jury the nature of the serious
injury of which his client had to complain. Pte..:
servistion of character wars' of the highest import-
ance to every professional man, but more particu-
larly to a medical man, whose existence _depended
solely upon the good :opinion entertained of hint
by society. The plaintiff .bad to complain of the
most serious injury that could fall a man in his
station of life—namely, the totaLdestructioa of
his professional character, by the slander littered
by the defendant. Mr. Morris, the plaintiff, ‘s ho
resided in Chandos-street, Covent-gardent.bad
for many years carried on the business of ass
apothecary and man-midwife, with great reputa-
tion to himself and advantage to the public. He had
had a numerous connexion, and was considered ft
man of great respectability. The defendant,
who resided in the Adelphi, was a Gentleman of
the same profession, though in a different braneb,
and was a man likewise of character and respecta-
bility—he was a Doctor of Medicine. It Lappened
that the plaintiff had been called in to attend the
fast ly of a tradesman named Defoe, some of
wiso,,,e children were in a state of One
of them hid died, and another being in a dying
state, Dr. ntckinnon was desired by the pleht.
to give Isis advice; which he did, but oil that oe-
casoti lie used language-with re,pect to the Wain..
tiff, which reflected in an 'IA. -coming manner
upon his professional .sl6ll, and was calculated to
do him irreparable injury. The case, lsowever,
of plain:id' rested more pas tieulai.lv upon ,be
slander uttered by tee ,ieftntiant conreraiag
to Mrs. Bolter, the person named in the tlerla-
rathln. About the same .blue that the ph it..tier
attended the family Of ;si.. Dc:fo!, he wa,-c,.lled its
to minister to the sick child of Mra.Bolter. The.
child had been afflicted with the tneasles, and
coming dangerously ill, the plaintiff.was sent for;
and he gave it such ineriicines as in his jadgment
seemed best adapted to ;emove the disorder. The
ci.iid, lin9:ever, got worst,, and the mother hay..
ing 'uncured a t;cliet to :he ktrevwn Pispensary,..
to whics: the cle!zucl.int wals physieau, the !:liter
attended the infant ; and upon rtoptiting rho
prkilously prtscribt:(l the %Orli
dicines it ILid received, he ''as. ittoettiediriat the
plaintiff !lad attended, and. hart pfescrilitAr pow-
der., some of which were 51.w.,11 to
ant : upon which he titter it lightly offensive lan-
guage concerning the plaintiff, and said that he
astalicine given rk as poison. WI SIV'S' (dent
occasion, when ‘str diet!, lie uttered the
words stated in theAeelara:inii. as •
nature of the slauder of w!,icl: the pl tintiff h . to
complain—slander which was destructive n,:t only
to his reputation, but bliAlsted all his lot lire hopes
of existence. It -the case Was made nut in evi-
dence, no damages that the Jury Could give woald
more hats conlansate the plaintaff for so serious
. _

an injury.
J..rne& Defoe, a master carpenter, residing in
nuneerfot d- market, stat ed, that in June, 1817,
Mr. Morris attended a sick child of his. The
child died; and another of his children being af-
fected with the same disease immediately after, he
sent for Dr. Mackinnon, for his advice. As soon
as the latter had seen the child, he said he wished
witness had sent for hint sooner, but assigned no
reason then for the observation. Afterwards,
when the second child divd, he said, that it he
had been sent for in the first instance he, would
have saved both the children, or he ‘s ould
have torteited his existence ; but Mr. Niorris
knew no more of the inside of a man Ulan he
did of the inside of the moon. The defendant had
attended the second child two days before it died,
and in that interval had seen it six or seven tines.
Witness had known Mr. Mortis sixteen or seven-
teen years, and had employed him before, ile
had previously lost.two tither children, under the
care of the latter. lie had lost a fifth eh ld under
the care of Dr. Mackinnon himself, but it was
not afflicted with the same disease as the others.
Witness had ceased to milky the plaintiff in his
family, not solely in consequence of what the de-
fendant had said, but also on, account of having
lost four children under the care of tip: former.

William ,Sidney Jones; shopman to the plaintiff,
remembered making up some medicints for Mrs.
Bolter's 'child, which the plaintiff had attended..
After the child. died, he re-nemlicied aconversa-
tion between the plaintiff and the defendant, the
subject of which was a Coroner's Inquest, which
was about to be held on the b•rly of the child.—
In that conversation the defendant acted to write
a letter to the Coroner, assuring hint that- there
was not the slightest ground of imputation upon
Mr. Morris's medical skill ; and that the ruedi.
cines given to the child were proper for its dis-
ease. Such a letter was afterwards sent by the
beadle of the parish to the COroner. fact, the
plaintiff had told the ‘viiness that the defendant
had attended the Inquest, and had assured theirs
that there was not the slightest ground for int-
peathirg the tdaintiff's practice.
Tce w:tnels was then asked whether ;be plain-
tiff's practic. bail not been very consticrable ?
Ibis (petition was put„ with a view to show the
general injury I.sbich the plaintiff must sustain
utu the slotuder of the defeuUkint but ; the Cowl&

rl of the latter oblected to the question, con-
tending, no the authority of a NOtt' in the lam vol.
or Mi. Seajeant Edition of Sannders's
itepore, p. 243, that no evidence-coidd he giiien
of any damage, unless-it he specially stated in the
declaration. As, in an areioe by a victualler for
calling his wife a w—r, by which it was averred
several persons had left his b.lose, this was not
stating (he special damage.
The LORD CHIEF JUSTICE Agreed, that this was
the general rule, and it was founded on reason ;
WC the spkial damage otteht to be stated in the
skeleration, in order that the defendant might
have an opportuuiry of meeting it. It was not
competent therefore to adduce evidence of gene-
ral damage, while the declaration mentioned the
names of only two individuals who' had left the
Elizabeth Bolter stated, that her husband was
a barge-builder, residing at litingerford-stairs.—
n July-last Air. Mortis attended het in her lying:
in, and she was perfectly satisfied with his coo-
duct. In the month of DeCember following, site
'had a child taken ill of the measles. No medical
person then attended, bat shortly afterwards, the
child having a sore throat and Month, she sent for
Alr. M'orris, who attended it from the 6th to the
12th of December. She had some powders of
him; the chili got worse, and-she requested him
to attend every day. He told her, however,
that there was no danger; but not, being satis-
fied with she made interest to get a
letter to the Dispensary, and in consequence of
that, Dr. Ahickisinua came.. lie came on stairs
swearing at the datkoess of the staircase. When be
got to the bed-s;de; he showed the child his
watch, in order to ascertain whether it could
see. Ile then took some barley-water in a spoon,
and gave it to We child; He then 'asked who
attended the child, and winless told it was Doctor
Morris. The defendant asked Witness: whether
it was'Dr. Mortis of Parliament-street ? .the re-
'plied "NO, it was Dr. Morris of Chandos-street.."
Upon. which he said, " Doctor be tl—d; lie is
only au apothec.o y."' Witness then showed him
some of the powders the child bad been taking ;
and the defendant said it was all poison, and that
her child was. entirely dcsttctyed with calomel.
:Witness asked him what calomel was. and he said
it was mercury, and that mercury Itad destroyed
her child th:lt it had destroyed the bones of the
'head, the palate, and the root of the tongue, and
that lie could have saved the child if be bad been
sent for sooner. Ile added, " Go where I will,
it is the general cry ; Ile (meaning the plaintiff)
Serves their children all alike : he has murdered
your child." The child died next day about one
o'clock, and when the defendant called, he looked
at it, and taking hold of one of its bands, said,
It is a beautiful child---4 never 'saw a finer
chill in my life : d--n his blood, he (the plain-
tiff) has wilfully murdered it with merctity." He
told her, that if Mr. Mcktris sent in his bill, she
Was not to pay it, for lie had
_been speaking to
some of the faculty, and was ready to come for-
weld, amid make oath before a Court and Jury,
that her child had been murdered. He said he
wonlii see her righted; and desired that he should
- have the plaintiff's bill when it was delivered,
adding. that he would attend her or her husband
at any hour of the day or night, or any of her
f unify, if lie was sent for, Her nurse was present
at one of these eouv:irsations, her husband at an-
other, and a fellow lodger at-a third. Wit ness
nut being satisfied, desired a Coroner's Inquest to
be held on the body of her child, and demanded
3i.stice.; She had told several peorele. that- Di..
Mackioncin 'had said her child was reordered-.
The day the Coroner's battiest was to be held
the defendant sent for her dawn stairs. He
said lie would not come in, beciimise there should
be no one 'present boa* themselves. He said,
'Whit are you going to do at the globe (the
public-house where the Coroner was to sit).
What is all this work about?" Witness said it was
shout What be had 'told -her, namely, that her
child had been murdered. He rejoined, " It will
do you no good; the child is dead, and cannot be
restored. This is what I. get by attending poor
people's children." Witucss had never employed
the plaintit since.
flaunalt Law, a fellow-lodger of the last wit-
ness ; Mary Ann Robinson, her nurse; and Ri-
chatd Baer, her bobber-Id, who had been present
at different parts at these convert itions, corrobo-
rated
her statement in every part icular.
Honarat us G. Thomas, a surgeon, for-
.nierly in partnership with Mr. Cruicksimanks, was
called to prove that he had examined the child
after its decease, and that its death was produced
by a different cause from that assigned by the de-
fendant ; but
The Learned Judge said there was no occasion
to t rceive such evidence. The plaintiff alleged
that, the words Were falsely spoken, and the de-
frodant 'Lillis plea did riot say they were true.
The rase of the plaintiff being closed,
Mr. GuaNtY (with whom was Mr. DENIVIAN)
StidUeSSed the Jury on behalf of the detendant..--s-
He admitted, with his Learned Friend Mr. Scar-
lett, that nothing was of more 'importance to a
peo!tssional man than character. (in time part of
his client be was not instructed. tr, suggest any
thing that could iii the slightest degree detract
the plaintiff:s character. Both the plaintiff
dud defendant were respectable men in their sta-
tions itt lire., The Jury could not fail ttt observe,
P
it was not retended that on any oceatiori the
defendant and plaietiff, had had any quarrel or
-wisundrrstanding. Nothing of that kind was soge
p est ed, I.t waS :tivoiiible, therefore, to impute
boy malicious ttlt>tiae to the defendant. Neither
was it pressihie to ascribe any mercenary motive to
c;e ilefeoriAnt„ because boil, gentlemen were ea.
g,ie,ed in. totally distinct Imam:llea of .their pro-
; am,:t-be•=id,l's, as he defendant Arad at-
tended titan time De.pensare, he had not received
.• Thedet,endant fi.d instructed him to'
tiv.c.C.tre that his , words 1.1.,d been misunderstood
awl Misrepresented ; arid the strongest proof of
.1.4 e troth of: his =tatement was, the promptitude
wide eolith he stated ro fte,Coroner's Jury that
tte!re was_ teaily no blame itnpotaideto Mr. Mor-
ris.' There wai no proof that the plaintiff had
Sest'aineil anythimaigte-ie consequence of the slaw-
; for there was no pt,r,oi--.erho had ceased to
vp,ploy him, except. t•..vefoe and Mr. Pnulter
mitt,aceerding to the eeitlence of the -termer, he
had itut ceased to employ him solely in conse-

(pence of Mist the defendant had said. Consi-
tiering, therefore, ,all the circumstances of the
case, the smallest dAmage• would be more than a
toll compensatinn for any I));aury which the plaintiff
might Itive sostained. • •
The Jury. under the Learned Judge's direc-
tion, who catttion•J them• ally feeling in-
compatible ',kit di‘cretirm and moderation, found
their•verdiet for-the plaintiff—Damages 5001.
*„4,-* We hive taken the report or this Trial,
t. loch is of greets importance to Charac-
ters of all (I,,'scripth.ns, from The Times of this
(ley, a P per genera:lv cautious and accurate in
all Law Reports; but it there ~hortld he any er-
rors in the. account, injurious to either party, we
.shall fed it to be our ditty to correct them. ,

HEWITT V. GRAY AN!) OTHERS.

This was an act 1,11.1 to recover a compensation
damages against the Proprietors of " The Old
Os igiaat Windsor and E-on Stage Coach,".ln7 art
injury sr:stained in consequence ot the overturn-
ingof that coa.:11.
I\ll% ,SCAR LETT. and Mr. COMYN conducted the
plaintiff's case, and Mr. MARRY AT and Mr. W. E.
Tau wrota the defendant's. The case proved was
this :—The plaintiff, a widow lady of moderate
fortune, resirling in Windsor Castle, being in
London in tine i»nntu of AngnSi last, took an in-
side place in the defendant's coach, being accom-
panied by her man servant on the outside. The
-coact: left the Bolt-in-Tu'n• lon, Fleet-stteet,
about 3 o'clock in the afternoon, on the 16th
Aagrist. Jr was laden very heavily orr the out-
side, and there were 16 outside passengers,
chiding the- coachman), and • six - inside. The.
plaintiff's servant sat /00 the top of the luggage,
which was. nacommoirly high. When the coach
arrived near Cranford-bridge, on its road to Eton,
the new opposition coach appeared in sight, at
about a hundred yards distance. The defendant's
coachman, with a view to pass the latter coach,
drove-ter the right hand side of tire road, in the
centre of which was some gravel. Ile was.thiva
ing at a Moderate pace, but the coach being .out
of its equilibrium, was overturned ; and in con-
sequience of the accident, the plaintiff's right wrist
Was broken, her elbow. dislocated, her forehead
cut to the bOne, and she received several other se-
vere injuries. She was afterwards pot under the
care ot Mr. John M`Quieen,ot Eton, who attend-
ed her for several months. She also had the ad-
vice of Sir David Dundas, and was.aubseqoently
ohliged to come to London for the advice of Mr.
Cline, and took lodgings for that purpose. She
was represented to be now far from well,,and bad
for some purposes completely lost the use of her
right sir m. The expense she was put to IYas stat-
ed to be upwards of 2001.
Mr, MARRYAY addressed the Jury, on behalf of
the defendants, in mitigation of damages, attri-
buting tire misfortune to mere accident, and not
to any negligence imputable to the defendants'
coachman.
Tire Loan CHIEF JUSTICE Said, that the de-
fendants were clearly liable, upon the bare state-
ment that the coach-had been overladen with lug•
gage and passengers to a greater amount than the.
law- anthorized. Tire law allowed of only 12
outside passengers, and expressly fur bade any per-
son sitting on the top of the luggage., 'lf the ac-
cident arose from these causes, -ahe plaintiff was
omitted to damages. She appeared to have in-
curred a very considerable pecuniary expence for
imedical assistance; but in addition to the amount
of that, she was entitled to something for her per-
sonal sufferings, and the permanent -injury she
seemed likely to have sustained. The-Jury found
for the plaintiff—Damages 3001.