Star.
London, England, 1828-02-06 00:00:00

c; use why a criminal information should not be filed
alpinist Him fora libel.
red for the dents
Mr. Dimwit** now appeared
ulte naiad been' obtained on the part of a Gentlernan't4
the dame of Whitaker, and he (Mr. B.oughitn)
would -admit that the-libel contained very rffersisiste
language as applied to that Geritleman. Mr: Whitaker
had made an affidavit, stating the whole of the fait*,
aad he (Mr. Brotighem) was not prepared with any ail
dark of denial., or any statement that would give the
case a different complexion. All that he knew-about the
?natter was tern : a dispute arose between Mt. Whitaker
and Mr. Cart iespectinga servant, and the latter, under
the influence of great' irritation on that occasion, had
used the language imputed to him. It appeared that •
Mr. Whitaker bad taken the servant out of the ernpki
of Mr. Carr,. in a manner which the latter' Gentleman
conceived to be improper, and this had given rise to the
dispute in question. Mr. Whitaker was a tradesman,
filling the office of Alderman at Hall. Mr. Carr was
also a tradesman of great respectability. There was
tio imputation on the character or respectability of Mr.
Whitaker, 'and after this statement on the part of his
(Mr. Brougham's)'clieur, perhaps the other side would
consent to the role being discharged, opoh the defen-
dant's writing a letter to Mr. Whuaker, expressing his
regret at what had hippened.
Sit Jaisics &ARUM*, who -appeared to support the
rule, said hi was not instouetesi to accede to this offer,
and he could mt do it on his own responsibility, as ke
had no means of judging of the defendant's since, icy. •
Mr. BROUGHAM said the offer was sincere on his part

at all events.
Lord Taraenonst—The rule must be made absolute
if you cannot agiee.—Bule absolute. .
COURT OF CONI:dOta PLEAS, Westunissea, Fes. S.
DITCHAM D. CHIVIS.
The plaintiff in ihi, case is a widow in poor circum
stances, i eAding at Blackheath. The defendant is the
prop ietor of several Greenwich and Blackheath coaches,
and the present action was brought against him to ae•
cover conipensition for an injury sustained by the
plaintiff in consequence of the neglect of one of the de-
' lendant's servants, who *as ensployed by him in the
eapacitp of coachman. Tne case was flied a few days
since at Guildhall, before Mr.Jastice Park, when it ap-
peared that while the plaintiff was getting on the outside
of the coach, by the assistance of a tad, the coachman
drove off, and the plaintiff fell to the ground with consi-
derable violence, and receiving a very severe contusion
'on the knee. It.d d not appear, ho "ever, that the coach.
man, at the time of hi, driving off, was aware that the
plaintiff was getting up ; but the Jury, taking the whole
of the facts of the case into considera.ion, returned a
verdict for the plaintiff—Damages, 701.
Mr. Sergeant TADDY now moved for a •rule to show
cause why that verdict should not be set aside, and a
nonsuit entered, upon two grounds—first of a material
vaiiance, in the description of the, coach between the,
license and the record. In the former the coach .weal
described as travelling from. Charing Cross to Greco-.
wish and Blackheath, and in the latter it was described
**going from Lcndon to Greenwich and Blackheath;
1 At the trial there was no proof of its ever hakving•gone
'to or from Londe n. The second ground wag, that no
evidence had been given to support the allegation of 11
contract on the part of the defendant to convey the
plaintiff to Blackheath, nor was-it proved that the cad
.110 had induced her io go by the coach was the dita,
endant's servant, and the Learned Sergeant' insisted'
that Without- pawl of these facts. the action could moil
be Maintained, end that therefore he was entitled to tbel
rule for which he moved.
Mr. Justice PARK expre,sed in strong terms his dis-
c •atisfaction at the objections upo.i which the present
motion was grt unded. . At the. trial he had sett It to
the jury to say, wreaker, in common parlance, Charing
Class was. nut spoken of .as being in London, ' and
wbethesfa coach running Gram Charing Cross was
bet generally considered to rim froth London, and
alley by. their verdict replied that it was. It was
nottor him of course til give evidence in the case, but
since.the trial he had not ced these coaches which as
warble. sonatnertnisly at Charing-cross, and had ob-
setved.chat every or :e of them had the word' London'
very legibly painted-on their Panels. In fact, every
body knew that Westminster in 49 times out of ;';io was
called London, and he did not therefore think that there
was any strength in the objection of the variance. Not
was he inclined to think much more highly of the other
objection of want of proof of a contract. He did not
think that proof of a specific conti act was necessary to
support this action.lii his opinion the mete circumstance
bf the coaches having stood :tit the Elephant and Castle
with its horses heads directed to« aids Greenwich, for,
the avowed purpose I f conveying passengers to that'
place, was sufficient to con,titute at, implied cout tact, and
chat was all that was required. it had been also urged as
an objection that the cad was not proved to be the de.,
fenalaoit's servant: that again he thought was nut ogees-.
sary, for the cad was not the cause of the mischief ; and
even supposing him to he in the actual service of another,
or only a friend of the plaintiff's who might have at.
tended for the purpose of assisting her, yet this action
would be maintainable, for the coact:math and tlieeoach.
man only, was the cause of the accident, and it was not
disputed that be was the defendant's 'entrant. For hi.
own part, he was perfectly satisfied with the verdict,
unless, indeed, that be thought it rather too trifling.-s.
He should have given a verdict of 100 L rather than
701. and even that, in his opinion, would be a poor com•
pensation to the plaintiff for -the guest and grievous in.
jury she had sustained. Coachmen and coachtnastew
should be taught that they are tiot to trifle with the
lives of the public by shorn they are supported.; and
he repeated, that he thought the verdict its this case a
most moderate one. and one which heloped the Court,
enuld'not disturb upon such objections as those upon
which this motion was urged. •
Mir. Justice •litrattovou inquired of Mr. Sergeant
Teddy, whether he inten,:ed to persist in his application.
Mr. Sergeant Toutov replied, that his instructions
were imperative, and that-he sberefere could not exer-
cise any -discretion. 4
Mr. Justice PARK strOtWeattsered the manner in
which the verdict was soup( so be got rid of ; and"
added. that poor people- naltitalist bi oppressed by stage
camels roprietorst IWO lived' (JO the large profits which'
the exacted from the public.—ltok iiiiallt grabtlid. '
y
ovate' V. Well; ifintslr y), merit. ' 1 '
Mr. Sergeant yAoii ibis day ;ravened hie apptka.'
;cation. fora rule' to iamb Cillif.4lll4 all thereto
Cued upon 'the iittlied in MS cm! MOAT lobe track 1
out, 'seeps' thrisnsirbich related to a' dosed bearihg date',
NM or why dies:Uinta' shodkno k ok fiber:yid'
ad credal* 'tl ' •
- .
1%.
d
ias reported
tem'esibtted
. - V
L.
rltlilk
wait

POLICE INTELLJGSNCE.
..
ill A NSlON4lOtlas
'Yesterday 1 Woo of very 10.4leitafill:tennections, and lately a
CIA Roo Mortises Senior, Wei intattajtt.up Wore.* /fr.
Alrei; to asiswei- a chute, refined *Atgaiilet.M.ln by tarn,
lk , atm belooging to the Merchant Servipastof having Wilk .I'l.o
the stint of egi. los. under false presonacy„ ..
Coattail; Frowlex, the pewee:or, stated, thatite was, mefte Nil?
artin.vraot of a chrouoinster ;. and having stesitiooesi the eireAsit-s.,
sauce at Lioyel'a' be was introduced ;here tot the ptisener., 'Chao.
'runt tosisher to Nevins Predslum siott .Co.',s, Whets 'the ,Clitalcof.:
nitwit, &pike witness Sodomised ripek the prisoners ayaajlerehod,
tie ode. .. 'DR price mited
:Air ft WM 434 lyre stbe Ptiahoer.
limed totake Oa& 411 i, 10a. wldiebjfte Sines' pajdlihm. NCI 10.4 ck.
bid he assured thereadi than Le disammredi, NVbm the witneae,
lyyne.to 4.11‘1144i eiS yawls .414....,... FrOdabani, be was iiiartneds.
.f* the Stet timed that they a * tiros k fut 4as and dial posi-•
)tively refitted to delieerk op Os hint. . .
Mr. Predawn) said, that the 'prilottee OPtellamed OK ebrollettftftPt.
of oat of their Agents at Livetpoelsatat rld..„fot,ft4nta inklallstl!n4.
tEr
gave atilt of Ott for the remainder, . That MII was di id,
mid Menthe pritioner deposited the cbramonisterM their , , and
snide the bargain with the complainant without their know ' •
A Solicitor, who attended for the prisoaser, said, he was wilding
to glue secerify far the re-payment of the money, If
.time was al-
lowed ; and the matter was ordered to stand Over,
G UL1.04 AL f,.
John Holloway and Boma Thomson were brought up before,
Alderman Fearmicreima, charged as 4isuidetlies•
Richard Specks. eonstable, was on duty :at a little before six.
o'clock, on Tuesday morning, and (ound ;be two prisoners standing
at the doer of the Boar's. Head, [Fleet-street; in compliance with
the strict orders of the parish autluaritl'es,to look particularly atm
the loose females that West the street, he desired Miss Emma Cu
Iso "Pore on;" but Emma would jun, and *Mt. Holloway said ,Le,
:should not "move (to ." and qn further interference of witness, ?Or.
• 111. told him that obe would/icor hint," and almost immediately
lettechlaim a Mows Ililtssess procured assistance, and took them
-to the watchhousey. '
lofm Holtaway:echnoieledged that he was rather tipsy at the
"tone, but denied having committed the assault.
- A watchman prtoteeLtha assault.
..tkidermso Esainotoxneo told Mr. Holloway be mutt find bail,
and Emma Thomson mast go to liridewell for a ninotia.
• A short time after, application was made fur the Aldernian's
, permission to suffer a compromise with the constable._ which die
Alderman refused. Bo W STREET.
A wufully bentiolded personage. who described himself as. an
attorney, of Lincolsili ion, was brought' front St. Clement's watch-
home. before Sir KICNA/40 HilliNit, charged with having teen drunk
and disorderly, and rolling about in the stud in St. Clement's
churchyard, at a very Unseasonabk hour the night, before.
Two watchmen of St. actuates purida deposed to thew. facts,
and stated that the attotney had given them a great deal of trouble
altogether.
Sir Rico,' eo Blame obseried, that such conduct in an attothey
was somewhat unbecoming, and asked the defendant whit earl,..
nation he could give edit?
The defendant had nothipg more to say than that he had very
little knowledge Of the circumstanors spoken of by his accusers.
and be supposedise was rather intoxicated.
Sir Recess& Maxie ordered the attorney to pay five shillings for
being drunk; which having done, he was discharges!.
Yesterday Mr. Button, who keeps a contectionet's shop in High
Holborn, was charged upon the Information of JOhnson, with
having on three &Fermin days add port wine without a Magis-.
crates license, and which subjected hint to three several penalties
Of 20L—Mr. Alley appeared fur Johnson, and Mr. Winger for
the defendant.
Atkisson, Johnson's witness, proved the sale of the wine by the
ielessiast en the days nsmed.tn the information.
- Mr. Wootsa said his client was a free Vistner, and he objected
to a conviction taking place, on the same grounds which, were
signed last week by Mr. Broderick, in the canasta Herrings". Cat.
r, said Jehason tt. Phillips.
Sir B. Btatur convicted the defendant la melt ease intheankla
gated penalty of 101. and sureties was predueed last Asia by Mt.
. Button for his prosecuting. his appeal against the conviction at the
next Sessions.
Mr. Jackson, the keeper of the Globe eating bones, Bo -street.
was fined 101. for selling a pint of porter to a witless of Jolinseo's,
without having a Magistrate's liceme..—Tbe defendant proved that
he purchased the beer of a publican in the sane street, but be hail
charged a profit upon it to the informer.
iiAtros GARDEN.
Mosses Williams, a decrepit old man, apparently "upwardsof 70
years of age, was yesterday charged with stealing two slivec
Cecilia Anne Pope stated, that she was stream tp hair. rilsotZL
Great James-street, Pentonvilk. On Thursday last, the. prisoing
knocked at the dour, and went up to see the rooms they had to let
op stairs; after viewing them, be asked if they had a kischei to let,
and on her going to ask her master, the prisoner went down stairs,
and on her return, she saw the primmer mining up stales ; be rhea.
said be was in a burro, and he went out madam' the door; else than.
went down stairs, and missed the two silver Wile spasm, which had
been lying on the drawer ; her master massed and margin him, is
Chapelostreet, a short distance front the house; be p hies,dit
spool's, and told him that be did it oet of necessity. • :
,__
The prisoner during the saidence fell into a binds; fits, .iimiril4
....
comntifted.for trial. - • '
MA RY.LA-BONNE.
A cowman was charged on Monday sight with neglect of der/
snd embezzlement. The prisoner has been employed by Mr.Wm,
Wilberforce, jun. upon his dairy farm at St. Johta's..weed. Ott
Saturday be received sin. ed. of 7th. Stirling, a milkman at Kamm
en account of hie master and did not account for it; and on Now
day he came to the farm intoxicated and unfit for work.
6 6 What have you to say for yourself r said Mr. Rowsissem .
'4 Why, for all what bat says! (referring to Mr. Baker, the ipso-
man, who had given evidence), replied the prisoner, 64 about my
being drunk this morning, I could ha' milked a cow as dry Missy
. .
man in Englaod." .
Mr. Bs watnsox.-4 don't believe that. And what box yet
Awe with the money ?
- .Prisouer—The money—oh, the money ; I loos'd that.
Mr. Biwa:twos—Got drunk with it, you mean. '
Peisonero-Oh, no, 1 'slued it somehow out 4' my pods's, but I
limns to pay it. •
hlr.itawianstio-And suppose I mean to send you tp Ijotiophayt
. Although the prisoner seemed to be stupidly lemma before, the
noble of that distant* port appeared to enliven his senses,for,lielsi
stantly made an appeal to the feelings of Major Clam '" I MEW Sri
don't mean to Mart me, Muster Close—Muses Mee. I hope yen.
don't mein to lout me : I'll pay it ti Saturday slabs, and times AM
fair as I CAR say." .
• Major Closes oath, part of Mr. Wilberforce,withdrew the -
of embezzlement, and the oilman was committed us the Busiest
Correction for seven days, as a disehedielet servant, liesiecdne

his waren. •
kites Said, a carter, was charged yesterday with haeleglipart
waged a carriage hamming to George (oiler, Bs* ponaut
opiate, by negligee*. sad tniseondat drtelg..—lt was alveoli'
evidessire by two. Geodemen, who witsiorld the aisidesa, sod sae
of Mr. Follseseisamearallte, that at the 111 Mb JAMlMYO:boaalufaild-
aot being oa the wraps side of the New-road, lwar StieellAsnr,'
and hiving pigsty of room to avoid if, drone s gravelevt,
to Mr. wiliahi How, of Acta% his Mater, against mot: fr i
gig, broke doe spatter-bar so& bads the shaft, sod beat the mho.
•(5,.d 45 was convicted le therm:thy of eds. with tads, tad a
le for at, ills. will be serried to we issuer for tepain. 1
WORSHIP-311MM
Thorip Newman and David Adis were
braight up
eharged with robbing the house of Mr. Weed, st tUpperi=l
If ra eet of amities an.a afar amides. The pelionen wets Bees es
Item the coost.yard of Mr. Sewell heaven, twa amktbroe, side*
its Monday one went into sad the ether waked at,thp,
gate. On their earning away, in abotitibre minutest; as
given that articles were mimic% and day Weregauusetwitic a Cr?
of *4 Stop thief!" They dropped 'the praperty did up hi ir 14•0
apron, and were almost intinettiowly afterward,. arta, tap dociesdp.
The property was identified by a food* stream of Mr. Sowoiliol.
The prisoner& pretended til•have-kafires Of wood sad mamba for
cab. They are both well knowit 'twit* elliters; sad other dames
being eitpectat Mem, di" were rasaledad for further Om
stahiatiorr era Toad*? nett.
• *UNION HALL - . •
Two Malt sirsed wit% Fab'
bink the boaseof Mr.. lijiaN , 1000 Wt 4. Ilse
lubber/ was maticitted a few walkir, by,the auflf bet
iseiMiToossir. ailpfarectilat pm, era Tatitar to
4.6rei.btoweit tilt tap room of . Mart a home, mid ,PAL, eat
ilbe whk;kaifured the &Mut •Or is the middle of giski
I? 001-.FT,lsolv dewy Abe Obat!ere itakhotp.
Frilfti the home robbed it of Come mery, rikle; chaise,
• " iedidtadnded. "
' " • ' LAMISZTOSTREET. .
• Sitrilis .was charged with welding a pelisse, the 0,04 eig
TheiaMillatilteehlb, a City enastable. • .
'llr/Webetyr denbemovrcbaht, of Union-street, illkleeebipt4
164 the' pekeeser lift up the window of the prosaicism it haisei.#ll
take ilia,palha train-off table.-Hetogiaffaik
42,46Pthisee' Mid only bees liberated from.Chebratadl Mesa
-tatietbhe bad been confined six traatitalet I thilibet Ofeace.
TilA DIES POOCH.' •
Wm wail charged whiketialleg eight heti-crowns from
, Force, a Fleeting. He met with 'the priedister is the
atTeie a:beet Inkbttri inf.% after kgrfOn Op convivaation with
Nir ;Wane!. tea tear. rather iniptiiy,-When bt.misgett tb
• was committed " *,

- .

1 ‘ll ---
teed the ocleraiipe. As the tit. Vitt teported Tamoti
ly a feet
._dayl silt be • itietabbted that Mrs
rap am
,uslleiieinSed 4s, and thaitithe teiote was of an' u_nitit!
v;i'di the !estee.4ilopoita M etetes.l.tie 17,0 j
mated serieint oislea bit 400.0itiON Opeo the :Moe ieterti,
as that before stated....tasei the -ifiukipliciti o -
Oat bad liirea'rei elbikkimme Mainly agoo,
ae rival amititi•Oi the e ase. ' • bites I
stretealso
The Cisllet witboof he:hello* elated the ride to 4isrptAin
OW Ciitititull graft& • - • • She was