Star.
London, England, 1830-07-22 00:00:00

WILSON V. BRIANT AND OTHERS.

This was an action brought to recover 181. Bs. being the
cost of certain repairs .done to the carriage of the plaintiff; which
was much broken in consequence of the negligence of one of the de.
fendants.
It appeared that on the morning of the 28th of March last, the
plaintiff's carriage, in which were a Reverend gentleman named
his wife, and daughter, was driven from his residence at
Norwood to that of his brother, who lived at Streatham, where Mr.
liilboe and his family were to wait for the Brighton coach. Pre.
vious to the carriage being driven Into Mr. Wilson's court-yard, at
Streatham, the coachman, as was usual with him, drove over to the
right side of the road, in rder that he might pass into the court.
yard without inconvenience. Just at this moment the Lewes coach,
which was driven at a rapid pace by the defendant Briant, one of
the owners, came up, and caught the hind.wheels of the plaintiff's
carriage, and nearly upset it. By the concussion, the persons
in the carriage were much frightened, and the carriage Itself was
much broken.

On the part of the plaintiff it was contended that the evidence
proved, in the first instance, that the defendant drove at an unusually
rapid rate ; and secondly, that were it not for his negligence the
accident would not have taken place, for he might without the
slightest inconvenience have gone on the right side of the road, and
passed the plaintiff's carriage in front of the hones, by which all
chance of concussion would have been avoided.

Mr. SCleant TADDY addressed the Jury for the defendant, and
calkd witnesses, who proved that the rate at which the defendant
drove did not exceed eight miles an hour ; that the plaintiff's car-
riage was seen standing on the right side of the road, near to the
Pied Bull public-house, by persons on the stage coach, when the
stage was 100 yards distant from the plaintiff's carriage; that the
plaintiff's carriage was turned to cross the road, when the defend-
ant's coach was within the distance of about eighteen or twenty
yards of it ; that the carriage, instead of moving across the road
rapidly. went very slowly, nay, that it backed slightly; that the
defendant drove with great judgment on his own side of the road,
and that his coming into collision with the plaintiff's carriage arose
not from his negligence, but from the circumstance of the gentle-
man's carriage being backed at the moment that the stag coach
was passing.
The CHIVE` JtISTICI summed up the evidence, and
The Jury found a verdict for the rlaintiff—.Damages, 51.
ASSIZE iNTELLIGINCS.

NORFOLK CIRCUIT.=-BucitwoHAN, JULY 21.
_ DIXON •TENT.

This town, perhaps the smallest county town in England, is cons.
pletely crowded, there is not a bed disengaged within two or three
miles round ; and it is in fact a favour to obtain one, even at an
exorbitant price, so great en interest has been excited regarding the
trial of Simon Byrne.
The Grand Jury found a true bill, yesterday, of manslaughter
against Simon Byrne and the four seconds, but only Simon is in
custody.
In Aylesbury jail, where Simon has been confined since his cam.
mitment, until Monday, he has been as comfortably situated as the
circumstances of the case would permit, and had every accommoda.
tion afforded him in the requisites of the table, even to indu
and he has had the consolation of the society of his wife. 46geenje2
of Buckingham is peculiarly inconvenient, there being only two
small rooms for the reception of prisoners, without discrimination,
and there is nothing better afforded for repose than clean straw.
Simon is in good spirits--he anticipates a conviction, but is in
hopes that he will be visited with a minor punishment. His friends
as confidently anticipate an acquittal.
There are seven witnesses subpernaed for the prosecution. For the
defence there are many mere; and as late as Monday there were
several wimesses subpoenaed for him. The prosecuting party say
that for want of evidence they are not at present prepared to proceed
against any other parties implicated. All the gentlemen whose
names have been mentioned in connection with the affair, are at
Buckingham,lind came, we believe, with the intention of surren-
dering themselves.
Byrne's case is managed by Mr. Harmer' and Mr. Werra, of
Stoney Stratford ; the Counsel engaged are Sergeant Stokes, and
Messrs. Sydney, Taylor, and Kelley. The public generally ex-
press great sympathy for Byrne, and the feeling that prevails is a
hearty wish that he may escape:punishment.
The trW is expected to come on to-day.
OXFORD ClRCUlT.—Anixouon JULY 20.
CANNING v. OUNNZLI.•ThiII was an action on the warrantry
of a horse, and occupied the Court from nine o'clock in the morning
until nearly two. The details are quite uninteresting, the whole
of the case resting on the question as to whether the hone was or
was not unsound at the time he 'was purchased by the plaintiff,
and the' warrantry given by the defendant. The parties are both
respectable persons, residing at Newbury, and not the least fraud
or unfairness wits attempted by either of them.—it was merely a
matter of legal liability. A great number of witnesses were ex.
amined on both sides.
The Jury returned a verdict for the defendant.
Mr. Justice P.taxt, in his summing up, observed that he always
gave his servants positive orders never to warrant any hone of his
that they might sell for him ; for, said his Lordship, I would ra.
ther lose 201. by every one 1 have, than run the risk and great ps.
bability of becoming entangled in the meshes of a law-suit. Hwy
wise man would do well to act in the same manner—and, continued
lift Lordship, if they had seen as much of horse causes as I have I
think they would.
This cause closed the business on the civil side.
(Before Mr. Justice Bosawcturr.)
John Andrews, aged 66, (but who appeared some years older,)
was capitally indicted of having, on the 9d of June last, in the pa- ,
rich of Sunning, committed an assault, and violated the person of
Mary Cunningham, a child under the age of ten years.
John Cunningarn, the father of the child, stated that he bad been
a soldier for 21 years, but lately had got his living by going round
the country selling small articles which were manufactured by his
wife. The prisoner lived in the same court with witness at Rad-
ttaion On the day named in the indictment the prisoner asked per-
for the little girl to accompany him to Oaltingham, which is
a few miles distant from Reading. lie did not object to this, as he
and his wife were going to the same plan on that day. The pr.!.
saner and his daughter set off for Oakingham about two hours be-
fore witness. When he had got about three miles from Reading be
met his child on the road; she was crying very much ; and cam.
plained of being unwell, but she did not than state the injury she
had received. Witness became acquainted with the prisoner's be-
haviour a few days afterwards. His child at this time was very ill,
and he took her to a surgeon's at Reading. The remainder of this
evidence was in nearly the same words as those deposed to by the,
little girl.
Mary Cunningham, an interesting looking child, between nine ,
and ten years of age, was then put into the IMAMS box ; after a few
questions had been asked her, which she answered with the test
Kimpikity and innocence, she fainted away, and was obli to be
tamed out of Court. On her return she appeared mostdreadfully
agitated ; and it was some time before she could articulate an
answer. She stated that some time since she remembered start.