Star.
London, England, 1821-09-07 00:00:00

HAYMARKET THEATRE.

Venice Preserved was repeated last night, and the
young debutante, Mrs. BRUDENELL gained ground
upon the audience. Having more self-possession than
she could summon to her aid on the preceding night,
she gave much stronger indications of thought and
study than at first. Her performance was, in fact,
without any fault recognizable by candid criticism,
and she has only to satisfy her own judgment to se-1
cure the entire and ardent suffrages of the Public.—,
Mr. CoNWAY played Jaffier in a style which will be
rewarded in the increasing admiration of his best
judges. He pronounced the defiance of the torture
to the Senate in a tone of dignified boldness, which
made the audience feel as if the genius of KEUBLZ
were then present. —The House was crowded as on
the preceding night.

The Brighton Theatre was on Wednesday evening
last under the patronage of Mrs. COUTTS, when that
Lady took no less than six hundred tickets of admis-
sion for different parts of the house.
Mr. JONES, the old patentee of the Theatre in
Crow-street, Dublin,' has presented a Petition to the
KING, praying that his MAJESTY would grant him a
new patent for re-opening that Theatre.
A great part of the north wall of the new Town-
hall at Plymouth, fell down on Thursday last during
the heavy rain ; fortunately, the workmen had left
the scaffolding a few minutes before for shelter.
Cornwallis House, at Clifton, has been purchased
to give permanence to the establishment founded
under the auspices of the consort of GEORGE 111. as
an Asylum for the orphan children of noble and gen-
teel families.
The benevolent Earl STANHOPE is pursuing the
cottage system to a great extent on his estate in De-
vonshire. In that County the labourers build cottages
of mud walls and thatched, which are done at very
easy expense: his Lordship lets to the labourer as
much ground as will suffice for a house and garden,
on a forty years lease, on condition that he builds a
house in a specified time, of not less than three rooms
and a cow-house, for 2s. 6d. per annum ; he also lets
him as much uncultivated land as he can manage,
which is generally about five acres, sometimes more,
on a fifteen years lease, and for the first five years, as
it will be burdensome to him to divide and subdivide
the ground and erect fences, at the rent of 2s. Gd. per
acre; for the next five years at ss. and for the last at
7s. 6d. making an average of ss. per acre for the
whole period ; this is done with every prospect of
complete success; so desirous are the husbandmen to
obtain ground on these conditions, that one labourer
came last winter all the way from the extremity of
Devonshire for the purpose, and his Lordship bad
great satisfaction in complying with his request.
This we consider as true patriotism, and if followed
by others, may be the means of refuting the amiable
Gowns!' ries assertion, that—

6, A bold peasantry, their country's pride,
When once desuoyal can weer be supplied."

ASSIZES.

NEWCASTLE-
MINAS( O.,CLAPHAM, RIGGS, AND COOKSON.
This action was commenced by the plaintiff, who
had formerly been a Lieutenant in the army, but
now resided in Newcastle, against the defendants, as
pert of the Newcastle Gas Company, to recover,
dangers for the injury sustained by his wife by the'
explosion of some gas, by which the house of Mr.l
John Slater, in with-street, was blown up, and Mrs.
Debnam, in addition to the loss of her child, which
was killed, sustained serious bodily injury.
Mr. BROUGHAM stated the case to the Jury in a
very impressive speech. The defendants had been
selected as parties to this action, because they were
tin individuals most actively engaged in the manage-
ment of the Gas Company's concerns. The gas works
was undoubtedly one of great danger, one in which
there was a natural probability of mischief, and it
therefore behoved the proprietors of those works to
exercise a more than ordinary degree of diligence to
event danger from happening. If it had not been
the most gross negligence on their parts, the
fatal accident which would be detailed to them in
evidence would not have arisen. When persons under-
took to convey inflammable gas from reservoirs, when
from the very nature of the substance conveyed there
was a constant chance of some such fatal accident l
as the present happening, it behoved the proprie-
tors to be possessed of the means of preventing acci-
dents, which were at all times but too likely to occur.
The Learned Counsel then stated the particulars of I
the accident. The present action was commenced by
the plaintiff to seek damages for the injuries sustained
by his wife, for the agony and sufferings she had un-,
dergone, and for the disabled state in which she now
was, and likely to continue, in consequence of that ac-
cident. ft might be said by his Learned Friend (Mr.
Scarlett) that the pipes used by the Gas Company
were of the same sort generally used, and brittle cast
iron; but he (Mr. Brougham) would say, that they
mete not bound to use brittle cast iron; and if he
could shew that ordinary and proper care had not
been taken to prevent the accident, he would be enti-
tled to a verdict. His Learned Friend might tell the
Jury there was only slight negligence, and therefore
ought to be only small damages ; but he entreated
the Jury not to be led away by the ingenuity of his
Learned Friend, for if there was enough to give a
farthing damages, if the plaintiff wasnntitled to re-
cover at all, he was entitled to recover in proportion
NI the injury he had sustained. He left his case in
the hands of the Jury with confidence ; he left it to
them to state what reparation could be given in this
ease--a case which no compensation could com-
pensate—for the deep and irreparable injuries sus-
tained by the plaintiff.
The Learned Counsel then called Mr. John Slater,
and other witnesses, who stated the particulars
of the accident in Forth-street, by which Mrs. Deb-
nam's child was killed, and she had sustained her
injuries. Mr. Slater said, that on the morning of the
day of the accident, he felt the smell of gas in his
house, and as it became mere offensive in the after-
noon, at half-past three o'clock, he went to the gas
manufactory, and told the wife of the foreman of the
circumstance, and stated his opinion that something
was wrong in the pipe which ran opposite to his
house at the distance of about three feet, and was
laid at about sixteen or eighteen inches beneath the
surface of the earth. She said she would send some
men immediately to see what was the matter. He
returned home about seven o'clock. At eight o'clock,
when Mrs. Debnam and her husband, and witness
and his wife, were sitting in a room in his house, the
explosion of the gas took place, and the house was
blown up and into ruins. Mr. Slater said he had been
compensated for his loss by the Gas Company.
In answer to a question from the Judge, Mr. Sla-
ter said it was the pipe in front of his house which
was broke, and from which the explosion came.
Robert Slater, a boy, the nephew of the last wit-
ness, said that two men came from the gas house at
five o'clock. When they came they said there was a
very bad smell. Witness told them it certainly must
be a pipe broken, and they had better break the
ground up and see, but they said the ground was very
Lard and they would come in the morning.
Mr. William Cooper did not see anybody come to
dig for the pipe on the night of the explosion.
Mr. E. Smiles, the surgeon called in to attend
Mrs. Debnam at her own house, where she had been
removed, on the night of the explosion, found her
in a most deplorable condition. One of her arms
was fractured, her left ancle dislocated, her right
ancle much sprained, and one of the small bones
composing the wrist of the foot dislodged from its
situation. Her neck, shoulders, and back, were most
severely contused. These hurts might have been'
caused by something having fallen upon her, or from
the violence with which she had been thrown from
one side of the room to the other. He had continued
to attend her up to the present time. She continued
a lon time ill, and was not yet well. It was doubt-
ful if' she ever would be well. She may be about 40
years of age. The arm has never knit. Had made
a charge of £5O to Mr. Debnam, which was per-
fectly reasonable.
The Counsel for the defence admitted that the ac-
cident had been caused by the explosion of the gas.
This was the plaintiff's case.
Mr. SGARLETT addressed the Jury for the de-
fendants. His clients felt as much compassion for
the sufferings of Mrs. Debnam as any person, and if
the question had remained merely one of humanity,
they would have done everything to have relieved
Mr. and Mrs. Debnam from the calamity they had
I sustained, but the moment the question assumed a
legal character, they thought it their duty to meet
the case on its own merits, and to try it on its merits
Icy, and if the Jury found they had been guilty of
any negligence, they would give a proportionate
comrnsation. He entreated them not to let their
verdict be influenced by any feeling but that of jus-
tice. There was no element of art by which the con-
dition of man was to be improved which was not
liable to accident, and he could not think the New-
castle Gas Company were bound to any greater re-
sponsibility than persons conducting similar inven-
tions. That they were bound to take every caution
and precaution to prevent accidents he fully ad-
mitted, and unless he satisfied the Jury that that was
done on the present occasion, he did not stand there
fqr their verdict. Previous to the application of Sla-
ter to the wife of the foreman at the gas-house, the

gas-pipes had 'been charged for the purpose of
light-
ang the town, and after the pipes were charged, the
difficulty of preventing accidents was great. Before
anything could have -been done to prevent this acci-
dent, it would have been necessary to stop the com-
munication between the gasometers and both sides
of the pipe from which the explosion took place. He
would wove to them that the length of that operation
would have been five hours—
Mr. Justice I3ivi.ty.—.4 Was it not gross negli-
gence not to have the apparatus in such a state as to
withdraw the supply of gas in a moment:"
Mr. SCA RLETT continued—So that if persons had
been sent to the spot immediately after Slater's ap-
plication, the calamity could not have been pre-
vented. The declaration charged the defendants
with using insufficient pipes. He would prove that
the pipes were sufficient, by scientific men. He
therefore submitted that a charge of negligence could
not be maintained against his clients for net doing
that which would have been unavailing. It bad
been said that the pipes were laid only at 15 or 18
inches from the surface of the earth. lie would
prove that they were laid at two feet three inches,'
and that they were constituted of as great a portion
of iron, and that the joints were more expensive than
any in the kingdom. He Would prove that the pipes
were the most suitable for the purpose. If, afterthe
evidence lie should lay before them, they should
think it had been in the power of those concerned in
the gas-works to prevent the accident, they would
be liable to responsibility ; but if he could shew it
was impossible, from the frozen state of the ground
at that time that the men could dig for the pipes,
so that they might discover the place from whence
the smell arose, he would be entitled to their verdict.
With regard to any compensation to the plaintiff, the
Learned Gentleman said, this was not a case lot
vindictive damages, for the defendants could have no
design of injuring Mrs. Debnam : and it would be
for the Jury to say, after they had heard the evidence
for the defence, whether they would give vindictive
damages. This was a case of calamity common to
all, and they ought only, at all events, to give rea-
sonable damages. If he could prove that the acci-
dent could not have been prevented by human power,
he should entitle himself to their verdict. _
The Learned Counsel called several witnesses in
support of his statement, some of whom were en-
gineers, and others imn-founders. The pipe from
which the explosion had been made was produced in
Court. It had been fractured close to the joint, and
though the engineers and iron-founders spoke to the
good quality of the material, they could not account
for the fracture, as from the depth the pipe was laid
it could not be affected by external pressure. It ap-
peared from the evidence, that though the commu-
nication with the gasometers might be cut of at both
ends of the pipes in Forth-street, the gas would re-
main in the pipes for a length of time afterwards.—
It was proved that the pipes laid in Foith-street were
tested previous to being used.
Mr. BROUGHAM, in reply to the case which had
been attempted to be made out against him, ob-
served there was one thing which all his Learned
Friend's ingenuity could not deprive of its effect—
that the explosion took place, 'that the gas did blow
up the house, that it was owing to something in the
pipes, to some escape of the gas, that this almost
fatal accident happened ; and this escape ought not
to have been suffered to be made. That fact was the
foundation of the case before the Jury, and entitled
him to the verdict he sought at their hands. The
case of his Learned Friend went to confirm the
claim which the Public had to care and precaution
on the part of the Gas Company. He left the case
with the Jury, and looked forward with confidence
to the result.

The June summed up the evidence, and the Jury
returned a verdict for the plaintiff—Damages £450,
and the amount of the surgeon's bill.

CROYDON.
HARNETT V. BANKS AND ANOTHER.

This was an action brought by the plaintiff, Mr.
John Harnett, a very respectable householder in the
Parish of St. Mary, Newington, against John Banks,
an Officer of the Police Office, Queen-square, and
John Goff, an Officer of the Public Office, Union
Hall, for an assault and false imprisonment, on the
11th of November last. The declaration also charged
the defendants with a trespass, in forcibly entering
the plaintiff's dwelling-house, and taking away seve-
ral gold and silver watches, various articles of plate,
and other property, to an amount exceeding £2OO.
The defendants merely pleaded the general issue, and,
from the statement of the Costmon SERJEANT, the
following appeared to be the facts of the case:
Some short time previous to Novembm last a bur-
glary had been committed in a Gentleman's house in
Jermyn-street, St. James's, when Bank of England
notes, to the amount of £325 were stolen. The de-
fendants having heard that the plaintiff had shortly
afterwards been seen in the same hotel at Calais with
an individual into whose possession one of the stolen
notes was traced, thought proper to consider him as
an accomplice in the burglary, and, accordingly,
having procured a warrant, they apprehended the
plaintiff, and a Mr. Crouch, a friend of his (who hap-
pened to be in his company at Calais), in the public
street, and took them to Queen-square Police Office.
Having done this, the defendants repaired to the
plaintiff's house, the door of which was opened by
Mrs. Harnett, to whom they expressed their intea-
tion of searching the house. She demanded their
search-warrant, upon which one of them produced a
constable's staff, and the other a pair of pistols, ob-
serving, that the latter was the only warrant they
made use of. Upon seeing the pistols and knowing'
herself to be perfectly unprotected, Mrs. Harnett of.
fered no further resistance, and they commenced their
search, which they made a most minute one, and
having taken the different articles mentioned in thel
declaration, they returned to the Office in Queen-
square, where the plaintiff had, during all this inter-
val,
been detained. A friend of the plaintiff, a Mr.
Godwin, who witnessed his apprehension, had arrived
at his house shortly after the defendants, and la ad hecn
an observer of their conduct there. The plaintiff's pro-
perty being produced before the Gentleman whose
house had been robbed, he disclaimed any title to any
part of it; and the worthy Magistrate dismissed the
charge, with a reprimand to the defendants, and an
order for the restitution of the goods to the plaintiff.
The plaintiff had, up to the commencement of the
trial, made overtures to the defendants, that if they
would make a public apology for their misconduct,

the record should be withdrawn hut that oft,. 0„,
insolently rejected. The plaiotiel did w,t seek 1;4
damage', his only object being to clear his charact'et
to the Public, and to teach the defendants
caution and moderation in the exercise of their pore,
as public officers.
Witnesses were then called to substantiate this
statement ; but before the first of them had been 1,,
ceeded far with, Mr. GurtNer, on the kart of the J.-.
fendants, expressed their contrition for their rt,i•tJ!,,,,
land offered to suffer a verdict for the plaihtitf,
Lott
40s. damages, to be entned against his cl;evls. This
proposal was acceded to by the plaintiff, :fad the vet.
dict was taken accordingly.