Star.
London, England, 1827-12-01 00:00:00

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4,141p3/4-

injured, and.had lost several gold trinkets. The effect
ofthe whole was to throw her into such a state as en•
tirely to incapacitate her to carry on her business of
dressmaking. These were the facts of the case; but
they were considerably aggravated by the conduct of
the defendant when the lather of the young woman
called on him. to say that he should expect bins to make
some remuneration for the loss sustained. ife then
made use of expressions which would be paved in
evidence, and the Learned Sergeant lied no doubt that
when the Jury had heard them, they would ennsider
that they very materially affected the case, and made
the conduct of the defendant appear very unlike that
of a Gentleman, or such as might have been expected
from him.
Mr. Wm. Snsithl am. the sort of the landlord of
the Three Cups, Alders ate-street. On the 12th of
AUgost last, about one o clock, I was standing at my
father's door, and saw the plaintiff crossing Carthusian-
street. A chaise and horse were coming down the
street at the rate of about nine miles an hour, and turn-
ing round the corner, the shaft caught the Lsdy's
breast, and she fell. The chaise and horse, with the'
!man in it,
_went on. I went after him. He saw the'
Lady fall. I followed, and be stopped at the defen.
dant's door in St. John•street. I-did not pick the plain-
tiff ep; she was taken up before.• I think he ought to
have called out to her when she. wat crossing. There
was time for him to have done so.
Charles Haywood--I live in Carthusian-street. 1 saw
the Lady and the hone and gig. The first thing I saw
was the Lady lying on her side, near the kennel. The',
gig had passed by her. it drove on and did not stop.
I called out to him, hut he paid no emotion.
Ceoss.examined-The defendant-, liens ak Smithfield-
bats.
Charles Win. Elton-. 4 live in Carthusian-street, and
heating 'a scream, looked out, and saw the plaintiff is
the street ; she was taken into my house. '
Cross-examined—She had on one of the large fa,
sbionable bonnets and a veil. She remained in my
house about ten minutes. '
Mr. Ziegler—l am the plaiatiff's father; and on the
Tuesday, after this accident, I called on the defendant
at his house. I found him in his counting-house; I said,
rr you are no doubt informed of the mischief your man
has dune to my daughter?'' a Yes," said be • " and'
what have Ito do with it? It is no• business 4 mine.
My man informed me it was more her fault than his."
I said, " Sir, it was yout. horse and chaise, and there.
fore I shall look to you. She has teceived considerable
injury, and likely to be under the surgeon's hands for
some time;" and I said I hoped he would defray the
expenses? He said, " I shall do no suck thing ; if you
have any demand, there is my man, he shall be forth.
coming." I said it was-a mercy she was not killed.—
fie replied, "Well, if she had it was no fault of mine,
I could not, help it. But," he added, " I see you pre-
varicate from what you told my young man, to whom
you said she had lost 104 worth of trinkets." I said,.
" No, Sir, I do not prevaricate ; when she went oat. she
I had on two gold lockets, and a chased gold .key at-
'cached to a chain; when she came back,,abe had only
the chain, which was broken. I did- not see her go out,.
but had seen her in the course of the morning."
Cross-examined--I live in Seward-street, Qoswell-
street. My daughter has lived with me-for. about
twelve months. She is net married now, nor ever was
to my knowledge. •
Mr. Robert Blatt —tam a engem, and wat called
in to attend the plaintiff; she was at her father's house;
she was much agitated from the shock she had rece•ved,
as well as from the bruises; I saw her the next day,
and examined her to find if any ribs were broken; her
back and legs were very much brnised ; I cominued.to
attend her up to the tEiddle of last month; she bad a
'continued pain is the back, arising from the injury ; I
applied a blister. The amount of my bill was 61.135.:
that has been paid.'
Mr. Ziegler recalled—My daughter has beet pre-
vented from carrying on her business from thatAiuteta
the present; she was totally confined for &hoot two-Sr
three weeks; at every attempt to work, she eirriabilea
very severe pains in the arms and shoulders;
...
Mr. Sergeant Wax; in in addressing thejiiif'ksr the
defendant. tasted, that his client did noLtnean to deny
the facts of the care. He admitted-that the fume and
gis were lils,'ind also that the servant was in big em.
phily.* 'A verditt must, consequently, be givetragainst
him; and the only duty now remainieg for the Counsel
was to divest the case as' much as possible of the co.
louAng it in ht have received, with a view to mitigate
the damages. The.Learned'Sergeant then went on to
comment on the evidence.which had been,given, and
observed that a great stress was laid on the fact of the
servant Matteving called out when he saw the plaintiff
crossing tbp road. He (Mr. Sergeant Wilde) knew, how-
ere:, that in cares of women and children.it was not al-
ways, if ever, advisable to call oat. The other day, while
rid 's% in lag Carriage, he observed that his coachman
had cleivenYgry Oltaf.oo some children, and feeling angry
at hic heiipg•sioae so without calling out, he pulled the
check string and asked-him why he had not done so ? If
1 had, said the man, I should certainly have tfilven over
them; for if,you call out to women and children, they
invariably stand still and scream out, and unless you
have•the horses in good command, there is much diffi-
culty in avoiding them. This immediately struck the
Learned' Sergeant as being true, and he appealed to the
Jur y.to say. if they were in the habit of driving. if they
bad not found it so? Another circumstance which might
have been insteumental in causiag the actident wai the
fact Of thisyoung Lady's having been equipped in otte
of those unfortunate bonnets which were now so much
in vogue, end which, doubtless, afforded a rely
delightful retreat (tom the prying eye,-of vulgar curi-
osity, but they were, nevertheless, exeeedirigly incon-
venient Its. narrow and crowded thoroughfares, and
might frequently place the wearer is danger. The
Learned Sergeant concluded by saying, that although
the ease might call for compensation, it was not one
which would subject the defendant to great and grievous
moral censure. He had made these observations not
with a slew to seduce the damages below the level of a
fair compensation, but to prevent the possibility of
'those aggravated-damages which the statement of the
:witnesses 'night have led the Jury to have given.
Mr. Justice PARC, iesumming up, said, that the de-
fendant had acted very judiciously, by instructing his
Counsel ache had done: as attempted defence would
only have aggravated the cue. His Lordship could
'not help tHiuking- that these efes - a good deal of truth
inlitsateained Xergeasn's,OhleifitiOn on those prepos-
terous bOnnets, which it was now the misfortune to see
11441* ihile•ihe fashion. He NIIIIi•clid conceive them
to be a very considerable nuisance; nor were 'bra re-
samisen women and children less tray Alfgemon.
Who were is the habit of th iv Mg ' keew-how, very- harm.'
slaand distressiog it was to- avoid leaning' whir
~ nelsons, and more partizalatty,old OrstMehl.they
.. appeared to have a knaCk Of 'iliiiteritig Osemii
selves Into every possible danger. His Lordship rectal-
leaved not long since to live been crossing a road at the
mu, time. frith an old veOsisan, Who Was-to danger of
being run over, when he took hold of her sum, saying,'