The Sun.
London, England, 1827-08-29 00:00:00

ASSIZES.-(RECEIVED THIS DAY.)

WESTERN CIRCUIT.—BRISTOL, Aua. 28.

BRITTAN V. ANTHONY.

Mr. MANNING stated that this was an action against the
defendant for writing two libellous letters reflecting on the
character of the plaintiff, one of which was addressed to the
plaintiff himself, and the other to the plaintiff's father.
Mr. C. P. WILLIAMS said, that in this case both the
plaintiff and defendant were surgeons. Mr. Anthony,
owing to circumstances, was obliged for s time to leave his
patients, and he pitched upon the plaintiff to fill the situa-
tion of visiting h:.s patients while he himself was
absent. Unfortunately for Mr. Brittan there was a servant
in Mr. Anthony's house, of the name of Phoebe Yates, who,
though but sixteen years of age, was of so precocious a
temperament, as to be most forward in her advancements
to his client. Such being the case, it was impossible that
he had committed the crime which was the groundwork of
the present libel, for he should be able to show that the
girl was in the habit of peeping into his room, laughing,
and then running away, and that, in another instance, she
had gone into his bed-room while he was in bed, and
stripped the clothes off his person. After this the Jury
would know how to appreciate the charge that lie had twice
attempted to violate this young woman.
Charles Bigg Chevers, examined by Mr. MANNING-1
called upon defendant three months since, with the letters
n question. He admitted that he had addressed them to
the father of plaintiff. I said Mr. Britton would be satisfied
with an apology ; lie added, he would sooner die than
make one.

The letters were then read; the first was addressed to
Mr. Brittan, sen. and accused his son, the present plaintiff,
of having committed a rape, or at least an assault, on
Phoebe Yates; the second, addressed to the plaintiff, him-
self, was to a similar effect, Both letters were signed
" Cl rtes Anthony."
After a conference held between the Counsel on either
aide, the plaintiff was nonsuited.

STEVENS V. PIERCE.

These gentlemen are rival innkeepers at Truro, the one
keeping the Red Lion, and the other Pierce's Hotel. The
declaration stated, that defendant was a carrier from Bristol
ttronTruro, in which capacity two hampers had been in-
stm to his care, containing eight quarts of turtle, which
'instead of delivering as per direction, he unlawfully con-
verted to his own use. Some one observed, that justice
was not likely to be rendered, unless twelve Aldermen sat
as a Jury, but his Lordship was fearful that that number
could not be collected—he did not see enough round him.
Mr. Tring, the landlord of the Montague Tavern, Bristol,
packed the turtle, and sent it by the Old Down mail coach.
At Exeter this mail ceases to run, and the Falmouth mail
commences. Mr. Tring's niece wrote the address to Mr.
Stevens, and added, " perishable goods," as she was always
in the habit of doing; Mr. Stevens sent frequently to
Pierce's Hotel, where the mail stops, but the answer always
was, that no such parcel had arrived ; about a fortnight
afterwards, the book-keeper at Mr. Pierce's, found two
hampers in the cellar, and one of them had a direction on
parchment attached to it, which he took over to the Red
Lion; this parchment bad been examined by several wit-
nesses, some of whom made out the whole of " perishable
• goods," others could only read oo—s.
Mr. Pierce's cook, on the day of the races, dressed from
la to 16 quarts of turtle, it was for these races that Stevens
had ordered the turtle front the Montague Tavern. A
letter from plaintiff to Mr. Tring was read, in which the
former desired that the latter should be sent by the mail.
This was the plaintiff's case.
Chief Justice BEST-Well, brother Wilde, how do you
anawer this, they have given you something to digest ?
(A laugh.)
Mr. Serjeant WILDE said, that a Counsel never knew
all that he had to contend against, and it was his misfor-
tune in the present instance to content against an opinion
formed, without hearing one word that could be brought
forward in the defence.
The Clue Y JUSTICE—Any thing that I have said, brother
`Tilde, was stated in the most perfect good humour, and by
no
means warrants what has just fallen from you.
Mr. Serjeant WILDE-Your Lordship has thought
Proper to form an opinion before you have heard my
defence, and I must say—
The rime JusiricE—l am unwilling to press too
heavily on you, Sir, for I know the infirmity under which
you have been labouring this day or two, but if you repeat
What you have already said, I shall be obliged to take other
Steps.
Mr. Seijeant WILDE—My Lord, to repeat any thing
that I have already said, would be an affront to your Lord-
ship for which I should abhor myself.
The CHIEF JUSTlCE—Certainly, brother Wilde, nothing
. Would induce me to look over this, but for the illness under
which I know you are. labouring.
Mr. Serjeant WILDE---.My Lord, I beg to disclaim any
advantagewhich you are pleased to give me on that account.
The CHIEF JUSTICE-Well, Sir, your behaviour has
been neither respectful to me, nor to the situation which
you yourself hold.

Mr. Sergeant WILDE—My Lord, the situation which
I hold makes me desirous to do my duty, and nothing
mere. The Learned Sergeant then proceeded. He should
be able to show, that the book-keeper at Old Down had
entered the parcel there as directed to Mr. Pierce; that
the book-keeper at Exeter had done the same on his way-
bill ; and that when the hamper arrived at Truro, owing
to wet or other cause, the direction was illegible.--
With respect to the law of the question, he apprehended
that the Learned Judge would decide, that as the hamper
was not sent by any specific conveyance pointed out by
Stevens, the property was still in Mr. Tring till delivery
took place.
The CHIEF JUSTICE—I will decide nothing, brother
Wilde ; after what has passed, I shall leave every question,
however small, to the Jury.
Mr. Sergeant WILDE then continued his address, in the
course of which he was interrupted by some remark from
Mr. Erskine, who conducted the plaintiff's case.
The CHIEF JUSTICE—Pray don't interrupt, Mr. Ers-
kine, or the Learned Sergeant will lose his temper.
Mr. Sergeant WILDE then examined one witness, after
Which he said that he would rest on the points of law.
The CHIEF JUSTICE summed up the case, and the Jury
found a verdict for the plaintiff—Damages, 41. Bs.

Yesterday Mr. Alderman J. J. SMITH, the
sitting Magistrate at the Town-Hall, Southwark, together
with the High Bailiff of the Borough, attended at the
Compter, in Mill-lane, Tooley-street, for the purpose of in-
vestigating the circumstances of a premeditated escape of
the prisoners confined in that gaol, and which had nearly
taken place. It appeared that a bole had been made in
the ceiling of the room where the prisoners committed for
felony were confined (Turin.. the night before, but that they
had been prevented from forcing their way through the top
of the gaol for want of a crow bar : and therefore to avoid
discovery, had covered the hole in the ceiling with a sheet
of white paper, which was also white-washed, and had
prepared the necessary implements to carry their design
into effect, after being locked up in the evening. There
seems little doubt that they would have effected their pur-
pose in the course of the night.
in Tr. A Idnerimroanns Sicnointh-
directed the keeper to put the r
fine them in separate cells, to place
sgvae;chemrseni at the top of
the prison, and to take every other necessary precaution for
their safe custody. Mr. Alderman Smith, and Mr.
Holmes, the High Bailiff, afterwards waited upon' the Lord
Mayor, to acquaint him
with their proceedgs upon the
occasion, and which his Lordship approved of. No blame
appeared to attach upon Mr. Law, the keeper.
Yesterday afternoon
at Carlton Palaee, /jam,' j' one of the workmen
.Which
1:„1 Duvall, was attempting to
move an iron girdler,
kind of truck, the horse sudden"! suspended on a wvm or
hirny turned round, when the
ginner or iron beam dashed
in against the wall : the un-
tbrtunate man was picked up
Hospital,
state, and
conveyed to the Westminster
The injury re-
ceived is of a very dangerous nature, the iron beam having
struck him over the stomach, and it is feared there is con-
siderable internal injury.
SUlClDE.—Between three and four o'clock
this morning, a most distressing event took place in
Coldbath-square, Edmund Cottrell, Es q, in the
67th year of his age, put a period to his existence in
a
tireadf of
ul manner, having first discharged the contents
blunderbuss into his body, and afterwards cut his throat.
Soon after three o'clock the family were alarmed by the
loud report of fire-arms, and after some search the body
Was found on the floor in the kitchen, weltering in blood,
which flowed profusely from his body and throat, in which
a sort of gardener's pruning knife was found sticking._
Two medical gentlemen residing on the spot were imme-
diately sent for; but notwithstanding their utmost exer-
tions he died in about two hours. It appeared that Mr.
Cottrell left hie bed-chamber about two o'clock, but it being
a very common occurrence for him to get up in the night,
the circumstance was not particularly noticed by his wife ;
nor had there been any reason, from his behaviour the pre-
ceding day, to suppose for a moment that such a deed of
horror was in contemplation. The blunderbuss had been
for some months past kept loaded in the kitchen, in conse-
quence of an attempt having been made to break into the
premises in the course of last winter; and at this time
contained two balls, both of which entered the lower part
of the body of the unfortunate gentleman.