Star.
London, England, 1827-08-22 00:00:00

CIVIL SIDEPOINTINO V. PICKWICK.

This was an action on the case brought to recover
damages for an injury which the plaintiff's son bad
sustained from the driving of the defendant's cart. The
young man had been spending the thy at Kingsd iwn
fait, and on his return in the e•ening, while riding
gently through the streets of Bath, he was met by a
baggage waggon belonging to the defendant, by which
he was knocked off his hone and his leg was, broken.
He was taken up and conveyed to an hospital, where
he was confined tour months.

The evidence was, as usual, very contradictory upon
the question, whether the defendant's servant was in
fault ? But the Jury finally believed the evidence on
the Nit of the plaintiff, and gave a -verdict is his favour
with one hundred pounds damages. which, on account
of the special form of the action, were restricted to the
injury which the father had bustaiacd in the loss of the
services of his son, and in the necessary expenses attend-
ing Lis illness.

WARWICK. Aaiun 20.
CROW* COURT.

John Henshatr, aged 87, was indicted for feloniously
violating the person of C.toline Smith, on the morning
of the Ist of August, at Birmingham.
• The prosecution was conducted by Mr. N. CLARKS,
and the defence by Mr. HILL. The trial lasted from
nine o'clock in the morning, until a quarter past nine
at night, at which hour the Jury retired to consider of
their verdict. The following are the material faess
detailed in evidence.--

Caroline Smith, a dericatwlooking girl fee one is
her station of lilt, and, wilhout being handsome, of
rather interesting appearance, stated that she was abase
18 years of age, and lived wiOt her mother at Hale:
Owen, in Shropshire, about seven utiles and a half
from Birmingham. Fier mother.

1_ I

ire wbo is a widow, sot ' ;
fr

II

II

li

:~
t

.i

.

her living as a carrier. Her brother kept a fruiterer:*
shop in Birmingham, and the witness came to see him
on Sunday, the 29th of July, with the intention. of
going to Deritend Wake, which was held just outside
the bridge. She slept at her brother's that. night, and
on the following evening her brother, her stster-m-law,
and herself, went to the shows at Deritend Wake. She
and her sister-in-law returned home, and, went to bed
before ten ; her brother came home about half an hour
afterwards. They all three went again on the Tuesday
evening, accompanied by a young woman named Mary
Mayesfield.' They went into Low's show-booth to :eel
the shows. When the performances were over, they
were coming away, but Harriet Jones and Low's family
invited witness to stay fur supper. Witness and her
family had long been acquainted with Harriet Jones
and her brother ; and they pressed witness's brother to
permit her to stop, as it was a long time since they had
seen each other. Witness said that she could not, as
Mary Mayesfield was with her ; upon which Harriet
Jones observed, that Mary Mayesfield might stop with
her, and her brother William would see them home.
Witness and Mary Mayesfield accordingly stopped, and
her brother and his wife went home. After supper,
William Jones, Mary Mayesfield, and witness, came
away from the caravan within about ten minutes of
twelve o'clock. They accompanied Mary Mayesfield
to her home, which was in a court off Allison-street.
Witness and William Jones were then going down
Allison.street on their way to her brother's house, which
was in Moat-lane, when they observed some persons
coming towards them, whom she supposed to be a
Mr. Glover and his daughter; upon which she asked
William Jones to step into an entry to let them pass.
They accordingly turned into the entry a step or two,
while these persons, who turned out, not to be the Glo.
vers. passed. Her reason for wishing to avoid meeting
the Gr!overs was because she had promised to go to tea
there, and she had not kept her promise in consequence
of having stopped at Low's. As soon as they had come
out of the entry, and were proceeding down Allison•
street, they were accosted by a watchman, who said to
witness—" Halloa! what are you about, my girl ?"
Witness replied that she was going home to her bro-
ther's. The watchman said he was afraid she was a
bad girl, and asked her if she had any friends in Bir-
mingham? She told him she had ; and be directed her
to mention their names. She mentioned her brother,
who lived in Moat-lane ; and also Mr. Glover's family.
He then inquired if she knew any others ? and she re-
plied that she had several acquaintances in Birming-
ham. He next asked her if she knew any Gentle-
men there? She told him she did, and Ladies too.—
He said to her, taking held of her arm, she must go
with him and shew him where those persons lived.
Wm. Jones then said " Come home, Caroline." Upon
which the watchman told him to be off, or he would
'have him also. Witness told Wm. Jones is stop there
for her while she went and shewed the watchman the
Nooses of the persons she knew. She then went with
the latter up Allisun-street, and shewed him Mr.
Glover's house. He said that was all right, and told
her to shew him some other. She next took him to
Mary Mayesfield's houses and told him she had been
spending the evening with her. He went up to the
door, and said that was all right to'. lie asked her
where she lived generally ? and she replied, with her
mother, who was a carrier, at Hales Owen. She told
him where her brother lived, but they did not go there.
She asked him if she might not now go home ? He
said no, he must see a man whom he called Barnes.
He told her that they should find him up a yard, and
she said, she was ready to go there. They went up a
yard, off Allison-street, but he said, Barnes was not
there, and they returned. He obtained a light from a
man whom they passed. After they went a little
mailer up, witness asked him where this Mr.
Barnes was? The watchman replied, that he was up
another yard. They accordingly went through another
entry, ar.d up a yard, but saw nobody there. The watch-
man opened the door of a building at the end of the
yard, and said, the man might be in there. He pushed
witness in, and shut the door. As soon as they were
inside the door, he said, " What money have you got,
any girl r she replied, ss. 41d. He said, "Well, turn
our the 55." Witness hesitated a little, upon which he
said, " D—n you, if you don't give me the money, I'll
dash your brains out." Sbe immediately answered,
" 0 Lotto, have mercy, save my life, and I'll give you
the money, with a true and free conscience. She
gave him the 51. and was then about going away,:
when he pushed her back against the stairs. she told
him she thought he was to allow her to go, upon giving
him the money, but he said if she attempted to
stir, he would dash .her brains out. He then put
his tight arm round her waist, and carried her up
stairs. She hooted (cried out), but lie crammed his fist
in her month, and repeated his former threat if she
made a noise. He held his lantern in that hand which
he had round her waist, and put his left hand to her
month. He carried her in that way to an empty room,
op one flight, and then hid his lantern down, and
douted" the light. (The witness then described how
the prisoner abused her. Before the witness came to this
part of her evidence, she was directed to look round in
Court, and say if she perceived the person who had thus
treated her. Her eyes wandered over every part of the
Court, except, apparently, the bar where the prisoner
was standing, and which was immediately beneath the
witness on the right hand side. After looking about for'
some time, she did not see the man of whom she had
been speaking, but she was sure it was the same
man whom she had afterwards seen before the justices).
He afterwards conducted her down stairs, telling her at
the same time, that " if she ever mentioned what had
occurred he should know her again, and would serve
her out." When they got into the street, be repeated
his threat if she ever told ; and she replied that she did
not know but she would tell. He then took her to
another watchman, end gave her up to his care, telling
him she wanted to go to Deritend. The other watchman
asked her what made her tremble so ? was she starving ?
She replied, "not starving, but something worse."—
It was nearer to go to her brother's than to Deritend,
hut she preferred going to Mr. Low's, because it
was so late, and her brother always went to bed at ten
o'clock every night. She knew that however, when
she lett the show at twelve o'clock, and yet then intend-
ed going to her brother's. But she preferred going to
Denteed after she had been abused, because the way
was more lonesome to her brother's. The second watch-
man conducted her to the bridge, from which she went
to Low's caravan, and knocked at the door. Harriet,
Jones let her in, and asked her what was the matter?
—Witness told her a watchman had ill used her, and
taken five shillings from her. She also told William
Jones the same thing, and he advised her to ac-
quaint her mother with it. She went to bed with
Hat riet. It was about two o'clock in the morning

when she reached the caraVan. She did riot 'ctescribe
to the Jones's how she had been ill-treated. Early
in the morning she asked William Jones to see her
home en. her mother's. He went part of the way with
-her. When she went home her mother asked her what
was the matter? Witness told her a man had taken 55.1
from her, and had done something worse. Her mother
did not then examine her under dress, but she did when
they were before the Magistrate that day week. No
surgeon examined her.
The witness underwent a long cross examination,
which la•ted for several hours, in the course of which
the principal points elicited were the following:—
When she chewed the watchman Glover's house,
:he, was quite. close to the door, but she did not
knock at it, she said, because she thought that while
she was in the custody of a watchman she must not do
any thing but as he wished. She gave the same reason
for not knocking at Mary Hayesfield's door. She was
alarmed lest he should take her to the watchhouse.—
'When going home with William Jones, he did not per-
ceive her gown soiled, although, as they went along, she
rubbed out the dirt where the watchman's foot had been
on her stomach. She Walked A little way behind him
when she did this. While she was abused, she neither
bit, kicked, nor scratched the man who was ill-treating
her, because he threatened her life if she resisted him.
When the witness had been under cross-examination
(or some time, the Judge and the Jury retired for a few
minutes to take some refreshment, upon which she was
accommodated with a teat ; but no sooner was she
placed in it than she fell into a fit and fainted. With
some attention she recovered, add Was allowed to sit in
the crier's box while she gave the remainder of her evi-
dence. Wheu the cross-examination was at an end, the
Learned Judie d rected her to lor.k round again, and
i try if she perceived the man who had ill-treated her.
She did 60 for some moments, but still her eye did not
appear to light upon the prisoner. At length his Lord-
ship directed her attention to the man at the bar, and
she was obliged to come forward a bole way from her
seat, to make her see his face ; but the moment she did,
she exclaimed, " That is the man who ill-treated me;
that is the man, and no other."
William Jrnes was nest examined, and stated that he
lived with John Low, who kept a show where rope•
dancing was exhibited, His sister Harriet and himself
'had known Caroline Smith since they were children.
He then gave an account of those circumstances con-
nected with the case which had come under his know-
ledge, in which he varied in some few flan instances
from Caroline Smith's statement, but in its principal
features his story corroborated hers. He identified the
prisoner as the man who had insisted on Caroline's ac-
companying him to chew him the houses of the persons
she had mentioned, telling the witness, when he desired
Caroline to come home, " that if he did not hold his
noise, he would take him also to the watchhouse."—
Ilie prosecutrix told him to wait there a minute
or two, while she 'hewed the prisoner Mr. Glover's
house; but after stopping until nearly two o'clock,
he supp)sed she had gone to bed at Mr.. Glover's, and
he therefore returned home. When he' was accom•
panying her towards her mother's the next morning at
fire o'clock, she seemed greatly agitated in her mind,
and said she had been treated much worse than bring
robbed ; but although he repeatedly pressed her to tell
him what was the matter, she declined to du so.
The prosecutries mother visa also examined, and
spoke of the appearance of her daughter on going
borne: she told her that a min had taken ss. from her,
and used her worse than a man would use hi: wife.
Adam Osborne,.the watchman, into whose charge the
prisoner gave up the prosecatrix, stated, that when so
doing, the prisoner told him he had found two young
men abusing her in a court in Allison-street. The girl
trembled very much, and witness asked her if it was the
cold which made her do so? bhe replied, Nu; that
the other watchman had taken Ss. from her, and had
done something else."
It further appeard from the evidence of the night
constakle, that the prisoner had cried the hour of 12
o'clocK but had n-_t been heard to cry it again until
three o'c!ock.

The Learned Judge (Hotaovn) having minutely and
carefully summed up the evidence,
The Jury deliberated for some time in the Jury box ;
but there being no likelihood of their speedily agreeing
upon their verdict, they retired to a room in the Judge's
lodgings, where they temained locked up horn ten
o'clock until twelve, when they returned a verdict of
Guilty.
The prisoner was also indicted for feioniously stealing
the ss. abovementioned from the person of the prosecu-
trix ; but this indictment will not be tried.

Monday se'cnight George Allot,: was executed, pur-
suant to his sentence at the last Assizes, for violently
assaulting William Piggott, a waggoner, on Gangsden
Hill, and robbing him of upwards of 51. in money.—
Since his condemnation he made a confession of the
robbery, and of knocking Piggott down with a hammer,
but said he had no intention of murdering him ; that
he struck him but one blow and he fell with his head
close to the horses, when he caught hold of both his
legs, and palled him out of the way, otherwise the wheels
must have gone over him. He also confessed many
petty thefts, and attributed the whole to poaching.
SUDDEN DEATH.—Monday morning the wife of Mr.
racsrav corn-chandler, Brick.lane, Spitalfields, in the act of cut-
ting bread and butter for breakfast, fell into her husband's lap, and
instantly expired.

LONGEVITY.—Thursday morning last, a Highlander
of the name of John Macdonald expired in his son's house, in the
Lawnmarket, Edinburgh, at the age of 107. He was born in Glen
Tinisdale, in the Isle of Sky, and, like the other natives of that
gum ter, was bred to rural labour. Early one morning, when look-
ing after his black cattle, be was surprised at the sight of two La-
dies, as be thought, winding slowly round a hill, and approaching
the spot where he stood. When they came up, they inquired for
a well or a stream, where a drink of water could be obtained ? Ile
conducted them to the " Virgin Well," an excellent spring, which
was held in great reverence on account of its being the scene of
some superstitious and legendary tales. When they had quenched
their thirst, one of the Ladies rewarded Macdonald with a shilling,
the first silver coin of which he was possessed. At their own re-
quest, he escorted them to a Gentleman's house at some distance,
and there, to his great surprise and satisfaction, he learned that the
two " Ladies" were Flora Macdonald and Prince Charles Stewart.
This was the proudest incident in Macdonald's patrjarchal life;
and, when surrounded by his Celtic brethren, he used to dilate on
all the relative circumstances with a sort of hereditary enthusiasm,
and more than the common garrulity of age. He afterwards
turned joiner, and horn a conspicuous part in the building of the
first Protestant church, which was erected in the island of North
Uist. He came to Edinburgh twenty-three years ago, and conti-
nued to work at his trade till he was ninety-seven years of are.
He was a temperate, regular living man, and never paid a sixpence
to a surgeon for himself, nor had an hour's sickness in the whole
course of his life. He used to dance regularly on New Year's days,
along with some Highland friends, to the bagpipe. On New Year's,
day, 1825, be danced a reel with the father, the son, the grand-
son, end great grandson, and was In more than his usual spirits.
+Hs hearing was nothing impaired, and till within three weeks of
his demise, without glasses he could have threaded the finest need's
with facility.—Scotairsan.

• POLICE

MANSION-HOUSE.
Yesterday a land coal meter, named Finch, appeared to answer
the complaint of the principal coal•meter, who charged hint with
bating defrauded the City of London of the duty upon a large
quantky of coals, which be, in conjunction with another land mal-
-1 meter, was appointed to measure.
W. Reeve, stated the case; and said, that from the lit of May
to the 5.1 of June, 1826, the duty upon 550 chaldrons and a half of
coals was unaccounted for. Upon an investigation into the cause
of this extraordinary deficiency, a book was introduced, which con-
tained the separate entries made by the coal.nt . The defendant,
however, who had access to the book, tore out, according to his
own acknowledgment, some of the haves, containing the items of
the returns.

The defendant then declared that he could not account for the
deficiency. He could not say what his comrade might have done
in the business. As to the books, he admitted that he hid tons
out some leaves, but he had no guilty purpose in doing so. There
was, in fact, a greal deal of confusion in the office. Ile had, how-
ever, returned the leaves, and be called upon the principals to say
whether there had been any imputation upon his honesty before ?
The Loss Maros said, he had been obliged In the Court of
Aldermen, to pronounce the dismissal of a coal-meter for an offaice
of precisely a similar kind. Examples must be made to protect the
City of London, and It was therefore his duty to climbs the pre.
sex defendant front his situation.