Star.
London, England, 1823-08-20 00:00:00

ASSIZES.

LANCASTER, AUGUST 16.
DEATH FROM FURIOUS DRIVING.

Mr. Brotherton, a coach pro.prietor, was indicted
fox having slain Stephen Robinson, by driving over
him the Bolton mail coach, on the evening of the 12th
of April last.
John Rogerson was on the road between St. Helen's
and Prescot, when the mail coach passed. It went
at the rate of ten or twelve miles an hour. Mr. Bro-
therton drove. They continued at that speed while
he saw them. The coachman was whipping the
horses. Knew the man that was killed. He was
old, deaf, and wild in his intellects.
Henry Alcock was with the last witness. Had no
notice of the approach of the coach, until it came
within a few yards. Saw them only a few roods, in
consequence of a sharp turn in the road. Found it
difficult himself to get out of the way.
Wm. Auderton was working near the road when
the mail coach passed ; it was going at the rate of
nine or ten miles an hour. He had not seen Robin-
son before, but heard a shriek after the coach passed.
In a few minutes after Mr. Brotherton came to assist
the old man. His legs were broken, and he was
bruised in the head.

An outside passenger, who sat behind the driver'
on that day, stated, that, in his opinion, the horses
were going at from eight to nine miles an hour. They
were in a canter. The horse's breast took the old
man's shoulder. The coach had gone ten or fifteen
yards before it stopped. The passengers hallooed out
when the coach was ten or fifteen yards from the de-
ceased. The guard did not blow the horn. Mr. Bro-
therton, when the accident happened, could not pull
up the horses. Deceased was in the middle of the
road. The coach turned a little from the man, but he
having stepped the same way, the horses struck him.
Cross-examined.----Was in the habit of being driven
by Mr. Brotherton for the last ten years, and always
consideied himself very safe with him. Saw no un-
steadiness in his drivin that day froarLiverpool,
and he was perfectly sober. All the passengers called
out when they saw the old man. One got up on his
legs and shouted. If the old man had stood where
he was, he would have been perfectly safe. In his
judgment, it was an inevitable accident. lite pri-
soner stopped the coach, and directed that a Dtlctor
should be sent for.

The Constable of St. Helen's deposed, that he was
In company with the prisoner after the accident, and
heard him say it might be possible that he was
driving from nine to nine miles and a half an hour.
He added, that they had so many bags at the Post
Offices, they were sometimes obliged to drive faster.
The surgeon who attended the deceased by the
prisoner's directions, proved the nature of the injury,
and the consequent death, which was caused by a
mortification in the leg. This proceeded from the frac-
ture caused by the wheel of the coach passing over it.
Mr. Brotherton then addressed the Jury. He
regretted the occurrence of the accident, but he would
conscientiously declare that it did not proceed from
negligence. He was well known in the county, and
could'appeal to the many Gentlemen wLo had tra-
velled with him, whether his conduct was not al-
ways careful and attentive?
John Ravald Stokes, a Solicitor, and who was an
outside passenger, deposed that he and the prisoner
called to the man to get out of the way. He then
endeavoured to check the horses, but not being able,
he turned them upon the parapet. Mr. Brotherton was
perfectly sober. He did not think him to blame, and
no one could have behaved with greater propriety.
Johti White, the guard of the mail-coach, exa-
mined.—The coach between Liverpool and St. He-
len's was behind its usual time ten minutes. It was
behind between Liverpool and the place where the
accident occurred; at the time, the coach was going
at full speed.
By the CoußT.—By full speed I met to keep
time. It had got beyond the first corner about fifty
yards before the accident happened. You don't get
in sight of the house where the accident happened
till that corner is turned. It is a pretty sharp corner.
I blew the horn about 200 yards before coming to
the first corner.

William Acres—Superintendant of mail coaches
in this district. In the paper there is a return of the
horses going at full speed, by which is meant keeping
their regular time allowed. They must go up and
down hill 8 miles from Liverpool to Bolton.
Richard Lee was passenger upon the mail, out-
side, in front. The driver drove as orderly as usual.
He was sober. Saw the accident happen—could not
say how far the person was, at the time, perhaps it
was about ten yards. I called out, but the driver
called out before me. Brotherton, on seeing the man,
tried to pull up the horses, and turn them on the foot.
path. The coach went on the foot-path, and ran
near the wall, by which I was nearly thrust off. The
man was in a stooping posture at the time the acci-
dent happened. -He rather supposed, that instead of
the man looking up, he walked backwards in a bend-
ing posture, by which the rein horse and he came in
contact. If the man had moved forward, or stood
still, he would have been safe. I saw, no want of care
on the part of Mr. Brotherton. I never saw the horses
gallop to continue. One of the horses might have
galhipped, but the rest were either in a trot or a can-
ter. I have often travelled with Mr. Brotherton, and
I always saw him use great care. I have travelled
with him for 24 years. -As soon at the accident hap-
pened, Brotherton stopped the coach, and desired us
to get off, and carry the man to a house. As_ we were
going, we met some neighbours, who told us where
he lived, and they carried him home. Brotherton
was very sorry, and said he would rather have given
1.5001. than the misfortune should have happened—l
said, you could not help it; it is not your fault—he
said no, I don't think it is—l did the best I could to
• prevent it.
Several ether witnesses gave_him an excellent cha-
racter for sobriety and attention.
Mr. Justice BAYLEY, in charging the Jury, said, he
had no doubt, from the character of Mr. Brotherton,
that•he was perfectly sober at the time, and that he
did not intentionally do the injury. It was certainly
incumbent upon coachmen either to give sufficient'
Warning to the olAl and feeble, that they might keep
out of,the way, or they should ive their horses at
'such a pace, that they could easily stop them, if ne-
cessary. Though the accident might have been in.
evitable at the moment it happened, still that was no

excuse, if the prisoner h'ad' previously put his horses
into such a speed that lie had nn curb over them.
• The Jury, after a few ni,nire: dellieration, re-
turned a verdict—A o 2
A tt ue bill was fimnd agait, t Andrea, kddieg; for
the attempt to as-assinate Mr. Hnrr.cks.