Star.
London, England, 1816-07-20 00:00:00

APPLETON v. LORD IiftAiriIROOIC i

This was an action against the defendant. as l'eo-1
+ost'Mrrshal of tire *upraise 'Court of Amnia it' the
island of Jamaica, to reeover 4469, being tkettroouet
of a judgment obtained by the plaintiff in that Court.
In order to make out the plaintiff's case, a copy of
the judgment 'of the Court of Jamaica, sigaed by the
Judge, and sealed with the seal of the island, and at-
tested by A notary public, was given in evidence.
Mr. OASILLBZ, on the part of the defendant, sub-
mitted that the copy of. the judgment ought to have
been sealed with the seal of the' Court, and not of the)
island, in which the judgment was recovered; and
that evidence ought to have been given of the Judge's
hand-writing; but
Lord ELLetiaoaouou overruled the objection, and
the plaintiff had a verdict, with liberty, however, to
the defendant to move. •
COURT OF OYBR AND TERMINER.DUBLIN, JULY 12
WARNING To HACK N ET COADM AND JINGLII DRINIRS.
Thomas Savage, a jingle driver, was tried for the
wicked and wanton .murder on Friday the sth inst.
of Frances Maria Wisdom, (an interestirg girl of six
yeais old) by running over her with a jaunting car,
and thereby causing -her death.
• Jane Shelton, childrea's maid to Mr. Wisdom, of
the CustoM House, bad been taking three children
home from Mr. Law's, jeweller, wheie they had spent
the evening, at about eight o'clock. The two eldest
were walking, one at etch side of her, the youngest
she carried in her arms. The child she carried was
a boy, and might be about three years old, the second
eldest six, and the third child abut ten or eleven,
both girls. She kept the raised or footway of the
bridge (Carlisle) carefully all the way, and had pt
towards the centre of it, when a jaunting car driving
furiously along the ispiefr. and close to the foot way,
thume part of it, she believes the foot-stool, streak
against and, tore the child from her side, throwing
Esc violently. oaths ghosts, red- piteel4.4grith Ott
wheels over the body s the injury she received watifia
great, that she died in consequence of it in less than
an hour after ; the child thus murdered, she said,
was a girl of six years old. The prisoner. who drove
the car, was sitting on it at the opposite side of the
car to that which struck the child. and neither looked
before him or to the side on which they were at the
time ; lie did not stop to make any apology or
notice the dreadful mischief he hid occasioned, but
drove on careless of the consequence she heard a
voice or voices at the instant cry out, stop ! stop !
A. G. H'.ll, Esq. 'William•street, saw the whole
transaction, as he chanced to be crossing Carlisle►
bridge at the time; be called out to the fellow to
stop, who was carelessly driving on ; when stopped
by the people, he (Mr. Hill) came up and charged
him with having murdered the child by his wicked,
and careless driving ; he (Savage) replied, that he
was not afraid, that he was only trotting, anti if he
(Mr. Hill) thought fit, he might take his number.—
Mr. Hill told him he would take no number, he
would take himself e lie accordingly carried him with
his horse and car to the watch-house, impressed with
lively fears for the lovely girl, the victim of the' ruf.
6an's intemperate negligence ; be then called at iidr.
Wisdom's house to inquire after her, and was greatly
shocked to learn she was dead ; he attended with
;others afterwards at the watch-honse, to see that the
fellovi was in safe keeping t there were then a num-
ber of his brutal companions about the watch-house.
who shouted and abused him for the part he had
taken ; in all his inquiries of the prisoner he mani-
fested the most depraved and brutal indifference, and
appeared' no more concerned than if he had run ovee
a tat or a (ilk
The prisoner offered no defence.. . •
Baron M•CIALLAND charged the Jury, and alba,
minted on the duty of such persons who nollittbok
for the aeconsinoclation of the public to. drive or ems-
dudt vehicles of conveyance; their Conduct should be
exactly the reverse of that which this wretched and
unfortunate boy had,: on this occasion, adopted; but
which he was sorry to say Was the too general mode
of driving by ,the rustic and inteiziperate race of
beings that followed that occupation in this eity.r—
lh'At the prisoner could haVe avoided the melancholy
accident (for, under all the circumstances of the Case,•
he nould consider it no caber) the evidenie green on
it left not a shadow of doubt ;.burto visit a thought-
less, headlong, and ignorant wretch with the severest
penaky of the law, fora crime in which there was ne
apparent design or malignity, would be an act of in.
justice morn intemperate than the ctiminal negligence
of the prisoner the Jury, therefore, would do well
to consider the offence nta as murder, but man-
'slaughter; manslaughter, but' a Very little step re.:
,adored from actual murder ; aggravated manslaogh.,
ter, and of the very worst sorts
The Jury instantly returned a Verdict al—Agsm.
witted Manslaughter.
The Hai. Batton addressed the pri' aenet,. and At-
probated his contliiit ie the strongest terms: he said
his crime was the most Wanton and wscked ()fits hind
that is his judicial capaCity he heavier cem*amed;
he was driving.fiariouall over a crowded b•dgytithe%
(only sitting on his Cars regardless of the many lives

•9, • •
' be bad endingefetn4 is'ili &duet, wLet he knocs*.e'
down, ran over, and killed a lovely chill, who, had
it not been for such brutal neglect, might have prove-
an ornament to society ; this conduct,. vile and eri
urinal in itself,
,was aggravated by the bsrbarous ant'
torpid insensibility he displayed when brought t:
account for hii behaviour. To *am those of Vie
like eseenpation, who may attempt to purse t suet A
a line of conduct, on any occasion whatsoever,
he, with the concurrence of his brother Judge.
would punish him to the utmost extent of the law,
and lamented it would not allow him, even in thi•
most aggravated case, to make hip an example more
public and. terrifying ; he then sentenced him to he
burnt in the hand and imprisoned twelve months, at
the expiration of which, he was to enter into bail fns
his good behaviour for,seven years, himself•in £5O.
and two sureties in 425. each. The Honourable
Batton; before the prisoner withdrew from the bar, 1
warned him, that should he e►er obtain his liberty.
to beware how he should conduct himself in future;
and emphatically told him, that should a second
charge of this nature, even under much more favour-
able circumstances, be proved against him in that
`Court. he would most assuredly receive sentence of
death. The law had interposed and snatched him
from death this time ; that would no longer protect
him from it, and a second conviction would be to
him Certain death.