Star.
London, England, 1822-11-04 00:00:00

` ~ '

.

ta4
the back of the whiskey, a, left the taller fate.
She continued to run, and, after soaking against a
cart, fell down, and sustaibed an injury which made
her uieless.for life. Indeed, the plaintiff would have
put her to death, as the most humane course, had he
not been apprehensive that he should incur the penal-
ties under the new Act of Parliament for punishing
cruelty to climb animals. •
The witnesses for the plaintiff proved the value of
the mare, and the injury that she tad suffered, and
stated that she was docile and not liable to be restive.
On the part of the defendant, it was contended that
the accident arose entirely from the original vice of
the animal, and not from the misconduct of the de-
fendant, who was a skilful driver.
To prove this case Mr. Gerrard was called, who
stated that the mare began to kick and plunge in the
most alarming manner, without being struck by the
whip, or affected by any other visible cause. Mr. Fry
and himself were thrown out by a shock occasioned
by the mare coming-in contact with a heap of rub-
bish at the side of the road.

Mr. George Smith, who saw the accident, corro-
borated the statement as to the mare kicking and
plunging, but could not speak to her previous usage.
Three witnesses_ gave Mr. Fry the character of a
careful driver.—Mr. SCA R LETT replied.
The LORD CHIEF JUSTICE directed the Jury, if
they thought the accident aro - from the manner in
which the mare was driven, to find a verdict for the
plaintiff for her value, and some small additional
sum ; but if they attributed it to her own tendency
to restiveness, they would find for the defendant.
The Jury, after some deliberation, found a verdict
for the plaintiff—Damages £2B.
COURT OF COMMON PLEAS, NOVEMBER 2.
SELLS V. lIOA RE, GOODWIN, AND OTHERS.

. _
The plaintiff in this case was A publican, who some
time back kept the Coach and Horses public-hottse,
St. John-street-road. The defendants ate Messrs.
Goodwin and Co. brewers. The plaintiff bad taken
the house in question from the defendants, on condi-
tion of dealing with them for beer. Some difference
occurred between the parties, and &Its was told that
he could not- get any more beer. It was, however,
intimated to him, that if he would assign the house
over to Wand (a clerk in the defendants' employ),
the beer should be sent in. This was not agreed to,
and Sells being in embarrassed circumstances, con-
sented that a valuation of the fixtures, good-will, im-
provements, &c. should be made out by Messrs.
Bromley and Wand, on the part of Messrs. Good-
win and Co. and by a person named White, on his
men part. White and Wand agreed as to the value,
£250. This was settled between the plaintiff and de-
fendants at the time, Vitt it appearing to the plaintiff
afterwards, that a full valuation was not given to him
by White; who it also appeared had been the broker
of t 1 defendants before this, and was actually ern-
',toyed by them in putting an execution on the effects
of the plaintiff's predecessor, brought the present ac-
tion to recover the difference between £250, the va-
luation of White, and £420, the alleged value of the
improvements and repairs, fixtures, ice.
Mr.Serjeant PELL stated the plaintiff's caLe, and
called several witnesses to prove the facts.
For the defence, Mr. Serjeant VAUGHAN contended
that the valuation being made by agents appointed
by the plaintiff and defendants, and being subse-
quently not objected to by the plaintiff, ought now
to be binding ur.on • him. It was also relied upon as
the practice tsf Messrs. Goodwin and Co. net to allow
for any repairs done to any of their houses,- wiles
examined by their own surveyor.
Several witnesses were called to prove that the
plaintiff was satisfied with the valuation at the time.;
The LORD CHIEF Jesnet, after cktAiling the evi-
dence, observed, that it required a very strong case
a fraud, or very great mistake in the valuation, to
enable the plaintiff to set it aside after it had been
decided upon and agreed to by an agent appointed
by himself. He 'did not think there was-evidence to
shew a case of fraud ; and as to mistake in the reid
value, thelury would decide as to them should seem
right. With respect. to the claim for repairs done
to the house, he certainly thought the plaintiff was
entitled to recover, but the Jury, in the consideration
of the whole case, would give what verdict they
thought proper.
The Jury retired from Court for about two hours,
and returned a verdict for the plaintiff—Damages
120/. and costs.
The trial' lasted the whole of the day, and-excited
considerable interest among the publicans, many of
whom were in attendance. _ _ _

....-... _
One of the Plaintiff's witnesses, after he had been.
sworn on the Nev Testament, was asked by Mr. Ser-
jeant VAUGHAN (on the supposition that he was a
Jew) whether he was conscious of the manner in
which he had been sworn ? Witness answered in the
affirmative, adding th:it he considered the New Tes-
tament equally binding with the Old.
Mr. Serjeant VAUGHAW-But don't you, Sir, at-
tend the Synagogue?
Mr. Serjeant YELL objected, and observed, that
after the answer which the witness had given, it was
not competent for his learned brother to examine
farther On the voir dire.
The Lord Chief Justice DALLAIL-ft is not neces-
sary that this question should be argued at present.
It seems to me to be already decided. Ina certain
most important investigation, a similar objection was
made, and the opinions of all the Judges were taken
upon it. The judgment of all the Judges was de-
livered by the Lord Chief Justice of the King's Bench,
who stated, that where a witness was sworn in a par-
ticular manner, and itated that manner to be bind-
ing on his conscience, it was sufficient for his admis-
sibility ; and only left his credibility, as in other wit-
nesses, 'a question for the tribunal before which he
was giving evidence.
The examination of the witness then proceeded. •
LONDON SESSIONS.
Saturday the adjourned Sessions for the City of
London were held in the Exchequer Chamber, Guild-
hall, before the Loan MAYOR, the RECORDRA, Alder 7
men ATKINS, WAITRMAN, and SCHOLEY.
Mr. BOLLARD applied upon a petition for a license
to open a new coffee-house which a Mr. Cook in-
tended to set up on Cornbill, at the house No.
The petition stated the necessity which existed for a
new house in the neighbourhood of the Royal Ex-
change, where the coffee and chop-houses were insuf-
'ficient to accommodate adequately the crowds that
attended ift the neighbourhood daily on business.
I The petition was supported by- the signatures of