Star.
London, England, 1828-07-25 00:00:00

HARRIDENCE V. PITCAIIL •

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In this case, Mr. GURNEY, for the plaintiff,
,that his client sought to recover the sum' of 401. as the'
price of a blood mare, which he had sold to the deka-
dant. He understood that the other side would at-.
tempt to show that a warranty as to the quietness- of
the mare had been given by the plaintiff; but. he 'was
instructed that such was not the case. He then called
the following witnesses : •
Otway, an innkeeper in this county, stated that the
defendant called on him on the 19th FO:srulir y, and told
him that he had bought a horse of the :Plaintiff that
morning. He said it was a thorough-bred blobd mare,
and he was to give 101.'for it.
John Smitboa servant of the plaintiff, remembered
the plaintiff selliag the defendant a bay tsneie,,and hts
riding her away.
Being cross-examined, be said he kneaurton the
hone breaker. He was not present when the horse

was sold, bat he saw the defendant ride away wilt it.
He did not know if Burton was pre,el on theoccasion.
Mr. aItODitICIC, in his address to the Jury for his
client, said 'he would tell them the real fatts'of the Case.
Mtn Harridence had kept this Mare four years with Out
giving her any education, and the consequence 'was,
she was almost entirely unbroken, and altogether un-
manageable. The plaintiff, nhtwithstanding, had given
a warranty of the quietness of the mate—as he slioeild
prove—aand had sent .for her from Burton's, where she
was staying. As soon as the defendant mounted the
=are, be found she was very unmanageable, and, by
agreement, she was left for a week with Boor, ftir his.
opinion, and he (Burton)• had declared, it the Cmd of
tile week, that shewas a most vkion; animal. Pittaltb,
upon this, ordered the male to be takers' bad; to the
plaintiff; but he 'refused to receive her,' and 'She was
put up at livery and afterwards sold to defray the ex-
Tense.. It was a singular fact, that the plaintiff himself
becamethe iespurchaser of the mate,which was knricked
ilown.to him for 261.
Jasoet Burton, the horse breaker, said I.e had
snare from Mr. Hairidence to bleak, early in August,
1827. She, was then tour years and hiltail
under his care till October. She Witi very bad tens,
pered when he sent her back in October; and he told
the plaintiff so. On the 20th (.1 last -February he wait.
sent for by the plaintiff, and he told him he iris
about. selling the mare, and he asked him to rub
het Ottr. While witness was there, the defendant

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Came and said that he had heard the snare was a'
fi.N.ler, and plaintiff asked who the devil told him that?
*The plaintiff then said that the defendant must make up
lifseririd quickly, for he was obliged to retain, home
fmmediately, and be would warrant themare perfectly
-quirt'to ride and drive; and the.defeadant thereupon
' slid,-he wrulJ take her on plriiutifra word.: .Plaintiff
'Mien wanted defendant to mount the mare, and said that
'when the male was girted she would give a kick or two,
and then it was al,
over, and she would be as quiet as
ir 'tliild(A laugh, .It wasthen.settled that witness;
I,
s)tauldtalie'Care of her for a weeke.and. during 'that
tiara she went on very badly, going just as. far *as she.
Iskissed; backing Into all the ditches, and over various:
bikk•walls. Witness, of tables, told plaintiff she was'
her fit foi. deliveri 'an the itairintf he had given.—
Plaintiff Mid deftadant thi'mate itatllisitilitorstopi bat
did not hear the defendant sly he' did not mind that.]
Viretaerafdid not remember' sayittg . that thf to** wits
quietsenough to catty a Lady, bat be hid taught 'her
to'camer, rind Hot 10 shy at a petticoat. Headjed,that
the Mare was not in such good condition, %hal be it-
.
turned•isswhen he received he'r. - ' . I

Mr. Baton tinttnow asked Mr. Gurney what he bad
to Say to &Moil% evidence? And Mr. GURNEY COD•
fes.ing .that he did not think he could 'get over it, the
plaintiff was Roust) ited.
• NORTHERN CIRCUIT.—YORE, JULY 25.
Cow COMM.—Before Mr. Baron /hums.
Henry Widton, of Halifax, in the Weit- Riding of
York, was charged upon the Coroner's inquisition, With
killing and slaying James Turner.
'lt appeared that the prisoner was drinking on the
96-h! of Match last, at a public-house in Stansfield.
ealledtthe New Inn, when the deceased,'who was in-1
toxicated at the time, entered the room, and declared
that he- did* not care fir any man 10 it. The prisoner
said, "Do you not •care for me ?" -Deceased then
challenged the prisexter to.fight, • Prisoner at Gist re-
fused—but deceased kept repitoting the challenge until
eusiiented.to fight. A fight; then took place, in
Of which prisoner kinicked the deceased
Own, and whilst be was in that position prisonerjomped
Kind t*lce, and pushed his knees upon his breast:
teceisid Wei then taken up by the bystanders and
r*Ditivtid to la settle which was standing in. the room. at.'
setSeoti wits sent: fix, but before he arrived the deceased
bitiatise iniensible, and soon afterwards expired.
• Tfieltaighotis iteho attended and examined the body of•
dierdikeeied pioied tfiat the death of the latter had bees
occistoriest by thestrioleace used by the prisoner..,

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#4.v pi twin iNtli,Ftais awns fin ibis defence, stated
t 1 R ire higt very' 3sawillinglifistered into the conflict
witli Who had ilyegtedly provoked hum
to fight..;—Verdfrtt`ol44i., e 1..., • • • : •
1/4-113arontilm.froOt rearely animadverted upon-dull
planate* of what was called" up and down" fighting,:
ad4ted in thia and a neighbour ing county, and which
allowed one combatant to kick another when -.dos
&
Cites undoubting might occnr.in. which a man mighei:
inkipptnitio9 to his better judgatekt, be compelled to,
figlttA 'find d in a fight, which for want of a better word
. he' atm call fait, a blow should be struck which unfor-'
tutiiiielY ended in the death, ,of one of the combatants,
stichn case Was to be distinguished Roma case like the
prOWnt. The practice of " up 'and (lima". figi tug pre-
vailed to such an extent, that it,W4,l absolutely Deets-
sail' to take some-steps ttiebech .44 „The RD ease of
the entirt upon the prisoner was, that he.should-be con..
fined in the Wakefield Hope of cot.reetion for the space
of 18 calendar months, tinl/4l'lleikicitarcelabour.
Antes, lama Smith; and'aideses
were charged,. the two forme*' as'principalf, and the
latter as accessary befOre the face; With:breadth% ttiiih
a desk in the house of %Wadi Dixon, it Gieta-bridSe,
and stealing thence a pocket boot; cdntahling ntnd
pounds, on the Slit of May last: 4-' a'• 'a' • •
Mr. Ai.NZANDaIt and Mr.' BATIKS .CiNlettiOtt thR
prOSCOULIIII4 aid Mr. COTtIPG HAM and Mt. LEWIN the
, . .
•
Ti.ocitcamstances were • these-arhe two former prig
worts came, on the day before that mentioned in the
indictment, to the house of the proSetisinr, *Mir the
keeper of a small inn atat6ta.: They hbd sinti.refiesh,
ment in the bar wherothe disk, containing the amend•
in question,.was. After their depaistares the landlint
endeavoured to open the desk; lintibatinot: ThiY,Mit
day the same prisoners came again on horseblek,
down in the bar,-and sent out the landlady itithejultir
for some spring: water. She Mar ned With konlififter
drinking it with some liquor,-they iihritnliatittedimi4j
left. the boast. When they irete lene she •pekieileas
that thetdrawer of the 'desk, in • whlitethe'hicra
'twit time-previously seen the mite, was 'rather. tick
open. than it was before the-peisonefs came there. She'
drew it out, and then perceived that the pocket tioOk'
had bean 'purloined by sotne• person.' She-called beta
husband, and be set ont instantly in the direction of
Richmond, in pursuit' of thepritiners. He there dis-
covered that the two prisoners had come to the-Tug
public-house, in the company of- the last prisoner; Ott
the day of the rubbery,; that the rwctfortner bdrrowed.
two horpes,,,on which they ro.deaway, and retuteid in
about four, pours.. All three then set out togethet op
foot. A constable named -Brown was then dispatched
in the direction ef Learning Bar.. He disc.oveied Ike
whole three at a public-house in that place: • Afteradn:
versing with them for some time, in order that suffelent
assistance might be ptcwited its order-to' take `skull
into custody, he told them they were his prisonett
attempted to get out at a. window, and the other tetii
out at the door. When they-bad been -completely sd-
cured,,thoprisoner William Jones tooklitown, ittefort
stable, aside, and a4ed him has sum be would' take
e

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to let them go home ? and he should have it. r,ffe
was refused, and they were all removed. Suo ,•qitently,
three country bank notes, of a similar dem iption tot
those lost by the prosecutor in his pocket book, were
found behind the fireiptace. No notes were, however,
dibcovered en the prisoners. Jatnei•Biuniort.'Smith
afterwards offered money to the prosectitoilf•he'iOntilil
settle the affair, as he was anxious net tti be skein ini,
such company. •
The two former prisoners made no defnce, and tht
last said he was quite unaware of any such event as the,
Jobbery having taken place. •He was, at the time he
fell into their company, on his way to London in 'search
of a situation.' - t • • • •
The Jury. fotind• the 'two forgoer prisoners' Guilty,
and acqnittedthe last.
MIL MEM—Before Mr..ivstlefs &runt .
IARLAND V. MOTH
.4111 U. A NOTHRH.
Mr. BROUGHAM (withwhom.was ViraLiAmi
and Mr. PiTraionistated, the case to the Jury.
was an action of trespass, which had been brought ftir
'the purpose of trying the right to. a pew, situated ih
the chancel of tKetbech of Bridlington. The plain-
tiff Was tl lady of large fortune' the lay iniproptiator cif
thlt parish, and the defendant Smith was its Perpetual
Curate, and the other defendant, a man named Jackson,
bidsdffetedlndament to go by default. • 'Ale pew, oh
.account "of which the present action was brought, was
situated in thichancel of the church, and without quo.'
thin belonged to the plaintiff, in whole family the latl
imptoprtatots Of, the parish had for a long time been.
During several years the pew had been occupied by thel
singers,
.svhck u%nally. resided in titepariab; bit the de-1
felidant; abdut two years ago Assn* to. assign
it to some childreni belonging to, a charity 10°,4
there,. who 1)0.. liretTforsied the singing Tsecessibre: •in
the service. jrn compliinco—with a request made by.
'Sortie Of the old singers, leave bad been given •to -them'
to make use of the pew; and to prevent ot4r persons
from entering a lock had been attached. That lock
had Laren torn off, and thidoor to which it was fastener"'
broken down, and carried away by the orders of the:
I defendant.' This was the trespass of which complaint:
was now made. If the *defendant had thought proper.
to ask the plaintiff's leave, he might have made what'
Use of the pew lie chose. Even atter the decision of the
action, the plaintiff, he•was quite sure, would consent
to any arrangement that might be agreeable to Mr.
Smith, provided an application were Made for her sanc-
tion. The defendant, however, had thought it right to
stand oq his claims, and it was; therefore, forllie Jury,
to determine the difference between theft '
Joseph Hesseltine, a resident of Bridlington, bad
known the Church twenty years. He stated.the sub-
stance of the Learned Counsel's address: *• ' ••
Samuel Coverley, a churchwarden, proved the tact
relative to the. pulling down Of the pew door.
This was the plaintiff's case. ' *
• An attempt was made, on the part ofrth! defendant,
to prove a dedication of the pew to the use of the public.
In this, however, he failed. • ' ••• ' '
The Jury found a verdict fde the plaintiff—Damages
One Shilling.
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