Star.
London, England, 1807-06-10 00:00:00

taserfow AND C'. V. CIOWDF.II•

Mr. PARKE Ita:e.l, that this was an action of ma-
terial impnt caner to 'he public, as would appear from
a shoe detail of its facts. The plaintiffs were Meffrs.
lbb t n and Co. of the Ge .rge and Blue Boar, Hol-
bout ; and they were al( ,) the Proprietors of a Tele-
graph cu-ch, which ran between Islndan and Bir-
mingham. Tne defendant was a perfun employed
by them to drive that vehicle from Oxford to Lan-
don, and the action was brought to recover from him
el.. m ges for injuries which various palfengers had
r toyed, through the defendant's negligence in over-
le,ting the coach. After delcribing the nature of the
dreadfol calamity which had occulted, Mr. Paw
proceeded to call his witneffes. A pert-on named Par.
tri4e limed, that he was coming to London in the
night between the 2J and ;d of June, 1806, nutfidc
the coach, on the bor. The coach was driven by
the defendant from Oxford. When the defendant
rn•.unted the box he (culled in a patli n at fomebody
i•lt tvll,,m he had been previoutly talking, and
whipped the honks in a moll unmerciful flyle. The
coach left the Angel Inn, at Oxford ; but in order to
get into the Highilteet, it had to pals through a
vety narrow lane cai:ed Coach and Horles-lan..—
The witnels delcribed hirnielf as much alarmed at
this h ,ilieibus mode of proceeding, and advised the
defendant, for Gou's fake to be careful. The horfes,
however, were at the hid gallop, and the defendant
still tl •ggittg them, when, on the turn into the High
Street, the carriage was upfet, art.! the witness broke
his knee, and had his ancle fprainel He had lince
received twenty guineas from the plaintiffs as a corn-
renfation for the injory, though that cum was not
enough. The gnat d, who j iued the coach at Cti-
frd, Swore alto to the violent condird of the defen-
dant, hod eleicrib-t1 the off-wheels of the carriage as ,
in ih: air when the vehicle turned out of Cie Angel
Inn I ipel into Coach and Hot fes-lane, the horfes
elm on full galldp. Some of the 'palfengers
Hated to the wi•nefs their apprehenlions that the
coach would be ovate, and he agreed with them ;
(tying, it would certainly be the cafe at the turn into
the High-Street. There it happened. The guard
went or, to prove that one of his arms was, by the
fall, broken in two places. On his crufs-exammatinn,
by Mr. GAILROM, be laid be knew a horfe called
nun: Belo, that he was an animal of high courage,

that he was one of the leulerst but he did not know'
that he had been pnt to the coach in order to break'
has 11)44. The pAfTengers were four infide, four on
the roof, one on the iisr, and one in the dickey box
behind. It was ?roved by another witnefs on the
roof that the coachman was much out .1 temper
when he alTumed the reins, as he heard him (wearing
at the boric keeper in the yard. The overturn of the
carriage was proved to the above effea, by ftveral
uther witneffes. _ _

Mr. GA.RROW addrefred the Jury on behalf of the
defetidattt, whom he defcribed as a moft unfjrtunate
man, a veidie againft whom would be his complete
ruin, as it would of seceflity immure hint fur life
within the walls of a prifun. Coachmen were cer-
tainly, in many inflances, grofsly negligent and in•
attentive, both to the interefts of their employers.
and to the fafety and comfort of pafrengers ; but this
general impropriety of condu& ought not to influ-
ence the Jury to punifh the defendant, through an
overweening anxiety to punilh a coachman. His in
flrueions told him he thould be able to prove, that
the calamity (certainly a very dreadful one) which
had happened, had refulted from accident purely,
and not from any mikondue, or want of !kill, on
the part of his client. The fad was that a young
and fpirited horfe. whole temper could not be broken,
was, by order of the defendants' employers, put to
the carriage. The animal was called nuns, BeQn,
a mere experimenter. The defendant Crowder, he was
alio infirtraed to date, fo far fr-un being a paffirmate,
batty, or intemperate fellow, was as good and expert
a driver as any on the road, and had had lung and
profound experience in the art of driving.
The next defence was, that, by the negligence of the
guard, the drag chain was nut fixed up in its proper
place, and getting entangled in the fway bar, was the
catife of the coach upfetting.
One witnefs being afked to defcribe the conftruelion
of the coach, laid, it was the fira coach of the kind,
and the wont he had ever ken ; it was all,' endea•
vouted to be proved, that the drag chain had go;
entangled with the fway bar, and that to this was the
acciicnt wholly attributable.
Mr. PARKE replied, that the attempt now made,
was a fhocking effort on the part of the Defendant
to elude junice.
Lord ELLEtaßortnucx, in Cumming up the evi
dence, rbfervtd, that the Plaintiffs in this cafe were
entitled to it tame of praife for bringing this adlion,
and for the manner in which they conduCted it.—
After paying a proper compenfatiun t., the perf.n.
injured, they then came to the Court for redrefs, in-
' (lead of doing that which was too frequently pra&ifed,
defending an Aaiun againtl mem by the means of
perjury, which was generally tie cafe, where the
party gave a releafe to the coachman, in order to
make him a competent witnefs ;—when the coach-
driverc were once taught to reel that ;1 ey were re-
fpontible for their conduEl, many accidet)ts of this
kind will be prevented. The Plaint:Si, therefore,
were clearly entitled to filch runts as zt.ey isad proved
they had paid to the paffetigers, who had fuLlained
injury. The only Tunis probed, ho:vever, were the
twenty guineas, and fifty guineas ;—but the Jury
would ahfo confider what further damage they had
full:lined, in the repairs of the coach itfelf, the hiring
an,:ther a ,achman for th • j mrney, Etc.
Fire Jury after a fliort confultation, tound a verdiel
of too guineas for the Plaintiffs.
Mr. Pat K F., for the Plaintiffs, then declared, that
the npliey was no aj,:a to his clients ; they only
wilted to inect:ed for the fal;.: of public example.

COURT OF CHANCERY, JONF 5.
CH VECH V. BA RC I. A pill WAS alt argument upc'
a Dzmorrer. The PI tintiff filed hi, bill in this Court
againg the ll•Aendant, a °tinker hanker, praying a
ditcoect y cf eviicocc, and ',lief againif a verdi.9 oh
tained againfl him in an iteion rrf ejectment, tried in
Cambt ifigethire, in which he c aimed certain premtfes,
called Cambridge Heath. •, a Irteli Id. The bill
charged, that the D.:!.•, - bad • btaiaed a verdict
on the trial by • • and criminal, as
amounted to forget , : . ; • •, Ind culiern: tiln of
perjury, as Mr. Hart, ~ he Det'endant's Coon-
fel, contended the charges .4 . - hill amounted to ;
he therefore tr utted the Court ~.,•11,1 hot imerporc
its authority in a cafe flitted to be to flagrant, as
amounted to incredibility.
Mr. HART Contended. that if hii client had pro-
cured Glee or forged deeds, and evidence at the
trial, it was a Clime at common law, and there pu•
niffiable only. That if the Steward of the Manor
had produced, on the trial, a forged copy if a Court
Roll, to thew that the premifes were not freehold,
but copyhold, which could not be recovered by ejcif
meat, that Steward was lubjett to an hid-stamen' at
law, and that. the proper mode for the Plaintiff to
proceed, was by a motion for a new trial in a Court
of Common Law—lie contended that it was not the
prattice of the Court to interfere with other jurifclic
lions, as appeared in the cafe of John fon, the bankrupt,
a few days ago, where the Court tefufed to interpofe
in his arra during his attendance on the Commit:
hurlers. It was contended, likewife, for the Defen-
dant, that this was nor like the cafe of an unfair Ter-
i dill, obtained under an ate diretted from this Court
where it will always grant relief ; and in tome cafes
even againlt the moll fair and impartial verdict, if a
party injured (hall difcover material evidence, ruble-
quel' to the trial; as where a party found the re-
ceipt of Isis adverfary for the identical demand reco-
vered aga';•ft him, by the verdia, or books contain.
ing a clear account of Inch payment. It was finally
fubmitted to the Court, that the eminent attornies,
Meths. Lockart and Smith, concerned for the Defen-
dant in this caufe, would not lend their names to any
unfair proceeding. ,
The LORD CH•NCRLLOR Elated, that the bill con-
tained fufficient matter of equity for relief and difco-
very, although on his firlt perufal of it he had a
doubt ; and even if it had not contained fuch matter
Le would grant liberty to amend it, in a cafe where
it appeared that forged and falfe evidence was pro-
cured to pats a copyhold upon the Judge and Jury,
inflead of a freehold, to the injury of the Plaintiff,
who not only fuffered, by the verditt againit him, the
lots of the land in queltien, but likewise damages in '
an action for the mean rates ; tinder another intlance
of the fame fraud, it appeared that different lands
were defignated by the evidence thus procured, from
the lands compiled in the declaration of ejeltment.
The Defridant did not appear at firlt to fupport his
demurrer, but, by favour of the Court, was let in to
re-argue it. His Lordthip overruled the demurrer,
and direeled the bill to be anfwered.

GLA3COff, JUNE S.
Wednefday, the Futindation Stone of the New
Church to be built in Buchanan-11feet, fronting the
wed end of George fireet, Glafgow, wa laid, with
the folemnity ufed on fuch occalions. The Lord
Proval, Magillrates, and Council, accompanied by
the Clergy and the Members of the Iblerch.in:s' and
Trades' Houfe,, walked in ptoceffion from the Town
Hall, to witnefb the ceremony, in the following order:

- -
A Military Band, playing flaw and foletnn tuna.
Me Town Officers, with their halberts.
The Lord Provolt's Officers, carrying the Infcription Plate,
The Lord Provolt and Magiftratcs, in full draft, with their Raves

- _
of othce,
The Town Clerks, and Matter of Works,
The Town Council, three and three,
The Church Beadles,
The Minifters of the City, in full firers, with their gowns,
three and three,
The Welt Parifh Seffion, three and three,
The Dean of Guild and Merchants' Houle, three and three.
The Deacon Convenor and the Trades' Houle, three and three,
Mr. Park, one of the Contractors,in the abfetict of the Arcbiteet,
who could not attend, carrying the elevation o► the Church
_ .

The Contra' lors and their Workmen three and three.

On arriving at the fcite of the Church, the infcrip•
Lion on the Plate to be laid under the Foundation
Stone was read, when the LORD Poiovorr handed the
Plate to Bailie Cleland, the Convenor-of the Com•
mittee appointed to take charge of the building of
the Church, and addrefled him as follows

BAILIE CLICLAND.
I here deliver to you this plate, to be laid order the Foundation
Stone of this Church. which is to be fet apart for the woribi,, of
the only true GOD, according, to the prtibytcrian Rules
by our Fathers; and I truft it will awl remain a rat morisl that
you, and I, and our fellow citizens, have been initruntetital in our
day, in maintaining the molt important part of our invaluable
Conftitution

.....
I take thia opportunity of eapreffing a wlfh that Dr. Porteous,
the venerable and refpedable 1\11::ilter of the wait parifh, may live
to fee the building completed, and may [till long contiuue to be
ufeful and faithful Minifter of the Gofpel of Chrilt.

To which Bailie CLiLAND made the following
reply:—

M LOS El PROVOST,

After having heard your Lordfhip's very fuitable added's, it may
be deemed untseceffary for me to fay any thing farther. As it is
ufual,li .wever, on fuch occafions to make tome reply, permit me
to f.y that it mutt be gratifying to every member of the contrstuni•y
who feels an intereft in the ornament of this city to know, that
another public building is about to he
rut. my lord, it is my peculiar rriviluge to have the honour of
congrat.dating your I.or4dtrip, and the other Reprefentatives of this
great t icy here aft:alibied, that we arc now to lay the anidation
of an edifice wlsich is to be c .iifecrated to devotion, even to that
wlich is fo happily eftablifhed amongft usbythc incitima-
ble Liws of. our country, for the prefereation of which, many of
our forefathers tiled their deareft blood.

And now, my Lord, my ftrv...nt prayer is that, as this City
(lands high in the nation, in refpeet of it, attres, of its
its Public Buildings, and of its Spirit, fo rn.,y
it. (as in former times) ftand bizh in its vuteration far tl•2t rt.li-
&ion, of the Prefereation of which we have an additi.nal pledge in
tiiefoundation which I (hall now lsy.. . .

The Foundation Smile was then laid by 111:i
Clehad, who concluded the cereni:.ny in the f 1 ow
ing v.,nrzis

Now may the Great Archited of the Univerf. rvc this
Building, and protedt all thule conocetcd thercw

An appropriate and b'ghly impreflive Prayer tra;
delivtted by the Rev. Dr. Poiteons.
lownediateli after, the Lnrd Provng faid

' I beg leave to announcer') this Meeting, that the Foundation
Stone of Jr. GlORtr.i.'s C:fIiRCH of Chinn' is now laid."
The preceflion returned to the T)wn H.,11, in the
fame order in which they fet rut, where ch..: Gentle-.
men prefent partook of wine and cake-, and then
parted.
A military guard of the 7 rerirnent accompanied
the proceffinn t' and fi run the Scire of the Church.
A great cnnconrfe of fpenators were dent ; and the
greatett good order ptcrailcd.
Infcripti -n on the Plate :
Ey the Favour of A t Toil!? Con,
Tl.e. Foundation Stunt o' this Church,
rrrecled by the MagilliarcA and Courrii
wac hid on the 3d day of Jane.
and 4701 yrnr nf the rain of our molt Gr..:i
SOVI:RVION GEORGE. THE Tfilttl:,
Py JA.,!F 5 01 !.f AND,
In prticocz of
The Finn. J.vt es IMAcs.rN:ir, Lord Erovol,

Robert NVN.,ir, Ah.x2nth r Stewart. Jame., Milldam, Baal Ro
vaLl, and Jame. Cl.•l;nd.
JirotsP.:ack Dean c.t
Robert Auftin, Deacon Convenor,
Archth.ll.l Nervbi,:giog, re.furer,
Richard Smelie, Mdtter of Work.,
And the other Members of the •Pown
WILLIAM STARK, AI Chiten.. •
Waddell and Park. 4:11 G.llOW_Jy ar.d Aoderfon, Contrancrs.

. . -
uudeitaking may the Seri Luc Gou profper.
CI: the rover/; :
Corimir....e of evir‘cil.

To %Our: can: 0 c Erection of Clis I'..l:fice was vitt-101rd,
jastrs Co ren..r.
►Lc Ho c'e LORI) i'ttovos.r,

James Mack, Giib,rt Hamilton, jrh:t Ha:lA:ton, Robert Robert,
fats, !livid Scutt, Robert eanatit, and Richard Stncilie, Eigrs.

Bc.v•Sv it a ET.—Ye 11 erday, 117.7zin Peati,n, alias
Pritr, idiot Giiiil24ei•fr Pugh, was brought by Ad•
kins bt tore JAMES
charged on tufpicion if Healing a number of hot fes
from Oxford, Cirenceller, Hinchley, Leiceaer, and
various other parts of the country.
Adkins Rated, that having information of the va-
rious depredations the prifoner had c,•mmitted, be
had been in purfuit of Lim for three weeks patt.—
Having traced out hi; retidence to be in Hackney
fields, he went yellerday ;.corning, eatly, to watch
his houfe, and raw a horfe toddled, waiting near his
door. In a fhort time, the prifoner came our,
mounted• the horfe, and °Wei ving the witnefs ap
proach him, made off with great (peed, but hefitat•
ing which road to take, the witnefs gained ground,
came up to him, and feized hold of his bridle;
the prifoner Renck at him with a large Rick, but the
witnefs threatened to (hoot him if he made any re
litiance, and pulled him off his hark.
The prifoner acknowledged a horfe, found in his
poffetlion, to belong to Mr. Bogner, of the Rofe and
Plough inn, Leiceller. He was committed for fur-
ther examination.

PUBLIC OFFICE, HATTOX GARDEN —Yeflerday a
hearing came on with relpe,ct tt, a mare, which was
liulen out of a field at Epfont, belonging to a Gentle.
man there, in November, t flos, and has fince been
feveral times fold. She was at length traced to the
poffeffinn of a Nobleman who had lent her to a Haile
keeper in Holborn, where by virtue of a warrant
from a Magill:me, potTetlion of the mare was obtained.
The real thief not being yet in cutiody, the mare was
delivered up to the original owner, who was bound
in the recognizance of forty pounds to appear at the
ofrice thould the thief be founds who is luppole4 to
belong to the Gipfcy tribe.

BIRTHS.

On the gilt ult. at Woolwich, Me.. cie,d„l, wife
of ca
ptty
ef the Royal rime,: Artillery. of J clJuottr.
On the 23d uh of a fon, at btr lodging. in St. Marguce,
time, Canterbury, the lady of Major Muller, of his N!aj
IR or Royal Regiment of kuut.
_ _ . - ______
MARRIFD.

By (pedal licence, at Tyrone, county Galway, jamcs
F.fq fun of the late Dents Kelly, of Cattle Kelly, to Flits
George, daughter Chri[toiler St. George, Efq.
Mondayrge fe.i.rdglit. Richard Meui l.fq. only fon of Juba
Maunfell, Efq. of Portarlingion, to Miss Woods, only (lighter
of Jahn Woods, Efq. of Winter Lodge, county of Dublin.