Star.
London, England, 1828-02-01 00:00:00

pensation, had given Mr. Heywood notice to qui•. They
treated him as their tenant, having purchased the right
of his landlord. Mr. Broderick contended that the Cam.
pang were obliged, by the Act, to give the tenant com-
motion as well as the landlord.—The Court granted
a rule for the writ.
COURT MrOMMON PLEAS, Jury 31.
Before Justice Palm and a Common
DITCHAM V. CHUM

The defendant in this case is the proprietor of a colds
licensed to tun between Blackheath and London. The
plaintiff is an elderly woman, who was on the 29th of
September last a passenger by the coach. The action
was brought to recover compensation fur the injury
which the plaintiff had suffered by falling from the
coach, in consequence of the negligence of the driver.
Mr. Sergeant WILDS stated the case for the plaintiff,
and, in addition to the foregoing particulars, mentioned,
that on the day in question the plaintiff was at the Ele-
phant and Castle, when the coach arrived. She applied
for an inside seat to Greenwich, but there was none to
be had, and after some time she agreed with the cad in
attendance upon the coach to take an outside seat. She
was in the act of ascending the coach, when the driver
whipped on the horses, and the plaintiff with great
violence fell to the ground. The coachman, though
called to by several of the specators, did not stop until
after be had proceeded a considerable distance, but
neither then nor at any other time did he or any other
person connected with the coach attempt to give the
slightest assistance to the plaintiff. She had suffered
most serious injury, and had not yet recovered her pre-
vious condition of health, and considering her advanced
age, it was not likely that she ever would.
Mr. Sergeant TADDY, for the defence, took some
formal objections, which were overruled•by Mr. Justice
Park, who asked the Learned Sergeant if he would
consent to pay the woman a sum of money ?
Mr. Sergeant TAnDY felt obliged to decline the pro-
posal, as his client was not in Court. Besides which,
he said, that the defence was one opon the merits,
as his case would be, that the woman had been
going up without the knowledge of the coachman.
-Richard William Roberts was then called, and de-
posed, that on the 29th of Sept. he saw the plaintiff in
the act of going up into the dickey of the coach, No.
7,600, assisted by a " cad." He then described the
accident as stated by Mr. Sergeant Wilde, and gave it
as his opinion, that it occurred through the negligence
of the coachman, who had whipped on the horses,
without using due precaution to ascertain whether the
passengers were " all right!' or not.
Mr. Galloway, a surgeon, proved that the plaintiff
bad by the fall received a very severe contusion, from
which, when he saw her, immediately after the accident,
she was suffering exquisite pain.
John Green, another surgeon, deposed, that the plain-
tiff bad been confined to her bed for three weeks in con-
sequence of the accident; that she was yet unable to
walk without help, and that she would probably never
entirely tecover from the effects of the injury.
Mr. Sergeant TAnDY, in addressing the Jury,- said
that the plaintiff had failed to prove, lst, That there
was a contract ; and next, that even if there bad been,
it was not by the evidence proved, as laid. He treated
the cad' as a sort of nonentity, a kind of mere abstrac-
tion, whose act was not at all binding on the owner of
the coach. The Learned Gentleman added, that he
himself had Dever beard the same till the trial had made
him acquainted with it,
Mr. Justice PARK said that he was very familiar not
only with the names but the persons of that class of
gentlemen, and that his Learned Brother would know
more upon the subject if he were in the habit of attend-
ing the Old Bailey.
The Learned JUDGE, after a clear and minute state-
ment, left the whole case to the Jury, who, after some
consultation, found a verdict for the plaintiff—'.Damages
Seventy Pounds:
Mr. Justice PARK took occasion to observe, that he
thought the coach drivers at Charing•crost deserved
punishment every day of their lives. He had very lately
been almost thrown down by one of them in passing
along from Westminster Hall.

;

An armed body of smugglers attacked the party
stationed at the blockade station at Eastbourne, who
were resisting their attempts to land a boat with kegs of
spirits, at a place called the Steps. on the morning of
the 23d ult. about three o'clock. In the affray Thomas,
Reynolds, seaman, was shot in the leg. The ball has
been since extracted, and the man is now out of danger.
On the part of the smugglers, one died as he reached
the village of Willingdon, and two others are lying
dangerously wounded at Hailsham.
By the Turkey mail of yesterday, letters to the 29th
from Constantinople, alid from Smyrna to the 21st ult.
were received. The utmost tranquillity prevailed, but
the preparations for war were still continued with the
greatest energy: there had been frequent meetings of
the Divan, but nothing transpired. In the meantime
the Mnglish and French merchants remained unmolest-
ed under the protection of the new commissioners ap-
pointed for the special purpose of guarding their persons
and property. The Reis Effendi is the first Commis-
'loner, rind the names of two others are given. The
corn vessels from the Black Sea, seized by the Porte,
are all restored to the owners, and the cargoes paid for;
the tallow ships are still under seizure. The Skylark,
English merchant vessel, so long detained at Constan-
tinople in loading a valuable cargo of silks, &c. valued
at 150,0001. had received a firman to pass the Darda•
nelles. The property is, we believe, entirely English,
and there were considerable fears entertained that the
vessel would be stopped. The letters from Smyrna are
written with great confidence in the Turkish Govern.
ment. The merchants state, that even if war ensues,
they fear no bad consequences either to their persons or
property. Atl the letters speak of the pirates as being,
entirely destroyed; one had been sunk off Smyrna by a
french vessel of war. The English and Fiends Con yuls
resident at S:io had strived at Smyrna, after being
plundered of all their propeay by the Greeks.
DRAMATIC FaTa AT BATH.—This splendid spectacle,
which has hitherto been peculiar to the British bards,
tame on on Tuesday evening, in honour of his MAJESTY'S
accession. The arrangements for the theatrical festivities
were under the management of Mr. BELLAMY, and they
were most tasteful and judicious. The appearance of the
Mese was splendid. The saloon was decorated with a
,bindsome festoon and artificial glowers ; the floor
cdtired with a crimson carpet. and rich candelabras
visittplaced in each corner. From the centre of the!
eteling-of the Theatre depended a large crown, placed
en a velvet cushion. The stage was converted into
na its* a viaxger i the cieling was raised and taste.'
fatly painted i and on tads side were panoramic views
behind the tables, which were loaded with a profusion
of elegant ornaments and delicious viands. After the
dramatic peOrtnince had a:lnch/44- the national an
ahem was sung by the mils drogv4ppin.,A, company
in the bones, balked as Tyroloweaseleines, played
several ,Tyrolese and Italian ale.fr:':l_ 41610Bity and,
Gaatry of Bath, and, for Mika valig:tonsged the,
theatre in every part.