Star.
London, England, 1827-07-12 00:00:00

I AW INTELLIGENCE. •
-Aar— •
COURT OF KINCFS BENCH. Jett" it.
The KIND 9. kreirimm DoWsl).l3 iIICUARDS.
Thi, wa► j cumin 1 lialor matron dgisobt the deft aslant,
the pr prietor f the Ave newspdpet, f.r a libel uron
Lord Bingham, to o hien the ti pendant had pleaded
`. N t ouilty."
Mr. PA RKs opened the pleadings, and Mi. BaouonsiSt
said that the pios.cutor, L rd Boogitam, who was a
Member of Pal !lament for the county of bitty°, and the
eldest bon of the Earl of Lucan, was also a Lieutenant-
Colonel in the army. The libel complained of consisted
of some tibaldrout verses, which appeared in the Age,
imputing to the Noble prosecutedr a want of personal
coinage. Against any person who has the honour to
bear his Majesty's commission, a mote serious charge
could not be preferred.
Mr. J. WILLIAMS, for the defendant, here said he
was instructed to state, that the defendant had hot the
sligh.est intention of imputing to the Noble prosecutor
a want of personal courage, and he was extremely sorry
that his Lordship had so understood the verse.. He
was now desirous of expressing his regret for having
published them, and hoped his Lot dship would accept
of his apology.
Mr. BROUGHAM—The sole ohj ct of the prosecutor
was the vindication of h s character in the eyes of h.t

—tn. toss of a child's services, who was only eleven
years old. Had the action been brought by the s..n ste
recover COM entation fir the injuty he had sustained,
in(' the buffet iog he had u. dergone, wools' have been
ssidely different, bit the Learned Sergeant supposed
that would be reserved for another occasion. The Jury
would tarefoie h.ve merely to Assrss tite loss the plain-
tiff had sustained irons his son's illness, plovided his
Lordship should be of opinion that the defendant hssi
been guilty of negligence. which the Lea:n d Sergeant
did not think had been proved, bu• on that point they
would have his Lordship\ op'ition,with which he should
est sati•fied.
The Lotto CHIEF JUSTICH said, that he certainly
thought the defendant had been guilty of negligence, as
an old woman did not app-ar to him to be a proper
pens in to have the care or a horse, and thei dare the
plaintiff was entitled to recov..r. It could, however.
have looked much b. tier had this action been brought
by the son for the injury he had sostained, than by the
father for the tiiiii..g loss proved to have accrued to
him. The only question for the Jury was, what amcutit
would be sufficient to comp awe the plaintiff for the
loss of his son's services.
The Jury, after a shot deliberation, teturned a ver-
dict fur the plaintiff—Damages 51.
COURT OF EXCHEQUER, Jura u.
ACTORS ANNLIITIE3--.PILARSOIN, ADMINISTRATAR OP

li:other Officeis and of the publ c. As that object was WHITAKER. Y. ROSSILL, DOWTON, AND DIODIN.
now effected by tire delendalit's apology, the prosecutor In this case an action was brought to recover 'ha
would accept of .t. A verdict of gu 1 y must, however, sum of 751. tieing the arrear of an annuity granted to
be recorded ag .itiat the deleodatit, who would heat the deceased (Whitaker) by the defendant, Russell, who
isothinglurth• rof this prosecutiiin. is the Proprietor cf the Brighton Theatre. The de.
The Jury found a verdict of Guilty accordingly. tendants, Dowton and Dibdin, were in the proceeding.,
coMIT OF COMMON PLEAS, Jun, 11. having become sureties for the defend-nt -Russell.
Previous to the commencement of any business this
Me. Sergeant STORKS stated the pl 4 intiff's case, from
mousing, Mr. ERSKINR in de an application to his
which, and the evidence, it appeared that the annuity
Lord hip, on the Nit t f a Gentiernan, a Member of
ti.l
rlucu question
i n had been granted, in the year 1816,
Parliament, who had been summoned on the Specie
n gn the agency of Howard and Gibbs—that the
defendant (Russell) continued to pay the annuity for a
Juries, and who requested to be excused from serving,
inasmuch as he othr-r duties, as an M.P.umber of year; the several payments made amount-
.to attend to. .
The LORD hadC/ JUSTICE Said, he reared that could tug
to 4371. but had refused to continue the payment of
be no excuse now that Pas liareent was not sitting.
the same—in consequence of which, the plaintiff, as 0 e
esve cf the g was edo brin
Mr. George Dawson then rose and said, it was peat-
t rhepre pie ententati action. Therantee, defence wascompell, that then transacg-
Nally hard iii his case, tor, being a Member for a dis-
'ion had been usurious, inasmuca as that 421. a part of
tent part or the empire, he was compelled to enter into
the consideration stipulated to be paid by the grantee,
some important arrangements previous to going among
had n
his constituents. bee retained by or returned to the grantor, or for
his account, at the tilde when the deed of annuity was
The LORD CHIEF Jusrice said, that under these cins • d
erfected. To this et nee the plaintiff replteds that the
cumstances, he would certainly excuse the' Hon. Mem- P
• • sum was paid to Howaed and Gibbs for their work and
btr, although he should regret the loss of his assistance.
Alt. Dawson exptessed h in thanks to his Lordship, '
Whitehead was then called and examined.—The
npparing the ced. re
and immediately retired.
witness deposed, that, in the year 1816, he was a clerk
After two Special Jury cases had been disposed of, in
the employmeat of Howard and Gibbs, who bad
several other cases were tried with common Juries
' been, in the transaction then before the Court, agents
among which was the following;
to both parties—the grantor and the petite* of the an-
PALMER 9. DUGARD. nutty in question ; that he (witness), by directiin of his
Mr. S.rgeant TAHOE stated, that in this case the employers, called upon Mr. Dibdin with the annuity
plaintiff sought to recover compensation for the loss of deed in question, on the 18th day of September, 1816,
the services of one of his sons, who was about eleven who executed it in his room at the Surrey Theatre.—
years of age, and who had been injured in consequence They then proceeded, and took up' Russell at Gray's-
of the neglect of the defendant, in the following ells- walk. Lambeth, and went to the house of Mr. Dowton,
tressing manner. In the month of December last he near Vauxhall, in whose parlour the deed weer 4, and
was sent out with some goods in a truck belonging to executed by the defendants Russell and Dodto • ,::/Or.-
his lather, who was a sugar refiner, carrying on burl- Gibbs was then present. Ot that fact he was q to car•
ness somewhere in the neighbourhood of the Islington- tarn. The grantee of the annuity (Whitaker) was iu
road. On the same day the deleudant, who i, a jewel- the country, in Yorkshire. Gibbs said to Dowton—
ler, having a house at Pentonville, and carrying on bit-is This is an annuity for Russell's life. and you are a
mess in Clerkenwell, had been driving its a single- ei 'lateral security for the payment of it." The witness
horse chaise, which he had lett io the charge of an old went on to say, that he did not know that Russell had
woman. 'lt appealed, however, that she had either borrowed 1001. of Gibbs; nor did he see Howl/ band
neglected or was unable to manage the horse, as he to Gibbs on that day 1S ~..eptettibei 18) 1001. athe money
shot tly afterwards broke away from her, and galloping so received by him on that occasion (the purchase-
off At full speed, in the ditection of the plaintiff's son, money of the annuity). That money consisted of three
Came in contact with him, threw him down, and broke notes of 1001. each, ohe note if 401. and other notes to
his leg, and tore the membrane from the bone in such the amount of 101. making in the whole 3501.
a shucking rammer, that it can never be restored, leaving The witness, on his cioss-exami:ration, proved his
the poor lad a cripple for life, and in every respect a signature to a receipt for 421. the amount of costs
most pitiable object. It was but fair, however, to Mr. charged by Howaid and Gibbs for prepazing the deed;
Dugard, to say, that he had paid the expenses attending but he could not say whether that sum was paid by
the cure of the leg, and had sent a surgeon expressly to Russell at Mr. Dowton's, or at the 'Ace' of Howard
see that the lad was treated in a proper. asanter ; but and Gibbs. The book now produced was one of those
the father had sustained a considerable loss in conse- kept by Howard and Gibbs, and in which the cashier
quence of the inability cf his son to resume his former was in the habit of entering the particulars of Bank
labours, and as Mr. Dugard had refused to allow any note, paid and received by him in the performance of
thing for this consideration, he was compelled to bring his duty each day.—This was the case for the plaintiff.
the case before a Jury, who, he trusted, would make
him some reparation in damages for the less he had On the part of the defendant,
John Franklin was called—This witness (who is, and
sustained, having been obliged to employ another lad has been for nine years, blind) ha .1 beets one of the
in his son's place. cashiers of Howard anu Gibbs. Tie account book.
Arthur Palmer, the lad whose leg was broken, was handed to the former witness, was here produced, and
then called.—l am the son of Richard Palmer, who is a the entries in it read to the present witness, and having
sugar-refiner, living near Bagnigge-wells ; I was em. been proved to be in the handwriting of Franklin, were
ployed in his business, and was in the habit of going received as his evidence. They chewed that on the 18th
out wi.h goods in the truck; my brother Thomas also of September, 1816, he had handed to the former wit-
goes out with the truck. On the 4th of January last, ness the batik nu te., priived to have been paid by him
1 went out to the New-road with the truck; I was to de- to the defendant itos:ell, east that in the course of the
liver some goods at Mr. Pasmute's ; I never saw a horse same day, among other monies, the 401. note, and a 21.
in a gig until it ran over me and !stoke my leg; I was note, part of the i Jentical notes handed to him in the
calved into a sh •p, and in about five minute. was car- m ruing, were returned to this witness by Whitehead.
tied home; the wheel passed over my leg. 1 was con- as the amount of the bill of costs received by him. That
fine! for about two or three months. My brother was the usual course of proceeding in the office of
Miriam and a hired boy have done the work 1 used Howard and Gibbs. Their usual charge was 10 per
pieviously to do. I have been lame ever since, one leg cent. for making Lut deeds.
bring shiver than the other, and have never been able James Gibbs was the next witness. He had been a
to work since I recovered. I was on the left hand of partner in the late firm of Howard and Gibbs; recol-
the street going towards Clerkenwell-close when the lects the transaction in question. The witilesses,White.
accident happened. head and Franklin, weie their clerks; lie denied pesi.
Cross-examlued—l was first able to get about In the beginning lively having been present at Mr. Dowton's on the 18th
of Mardi. I had gone out with the truck for my father about twis
of September, Ibl6, when the deed was executed ; of
years. The other boy, whose name was James &Ay, came about
that
Marcia; he does not now live with my father, nor was be ever re. he was positive ; had he been there, he should hate
gularly in his service, but was sent for when wanted. lie was been a subscribing witness to the deed; recolrect. having
sent fur about twelve times, and is 16 years old. lent the defendant, Russell, 1001. sonic time bef• re the
Mr. Jackson—l am a surgeon by profession, but not execution of the deed; thinks it was repaid hint through
a member ut the Royal Cullege; I attended this lad Whitehead.
from the third week after the accident. I have no On his cross•examination, he aamitted the bankruptcy
claim for any assistance 1 mulcted. He will always of the firm of which he had beets a member, and under
be lame from a shortness in the leg. the commission against whom, large 'urns of money
Elizabeth Crisp had frequentiy attended the lid were paid. He swears positively that he was not present
during his confinement, and proved that another boy at the transaction in question, although the other tient-
had been employed in his place. actions of their (Howard and 'Gibbs) house in the year
Thomas Palmer proved that James Saxby had been 1816, were at least 150 in number, aud amounted to
repeatedly employed, in consequence of his brother's nearly a million sterling. •
illness. J. W. Rogers examined—l am an attorney. The busi-
Miss Palmer—Mr. Dugard called after the accident, ness which Messrs. Howard and Gibbs transacted in
and said that when it happened he. was gone into the this case, and for which, in this bill o. costs, they charged
house to change some of his clothes, and had left only 421. ought to have been done for 211.75. 6d. That would
an old washer woman to take charge of his horse and be a fair reasonable charge.
chaise. When he came out, he found neither horse, Here the case for the defendants closed.
chaise, nor woman, and the latter he complained of in Mr. Sergeant Symms replied, dwelling upon the po-
very strong terms for her negligence in allowing the shire negative placed upon the testimony of Gibbs by
horse to run away. the witness Whitehead, and which he contended the
Mr. Sergeant WILDE, with whom was Mr. F. POL- Jury were bound to reject. No evidence had been
LOCK, addressed the Jury for the defendant. He re- offered to shew that the 421. in question had ever come
'timed that an action of such a description as the pie into the possession of the plaiting. The Jury 'flusg•
sent should ever have been brought ; it could be atone therefore, find a verdict for him.
from nvercenaey feelings, being lonely to recover corn- The Loan Cams BARON summed up the
peivoitiou for what must have been a very trifling loss ,and said the Jury had to decide two questioass

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