Star.
London, England, 1827-09-15 00:00:00

ASSIZE INTELLIGENCE.

LANCASTER, &rt. 12.—Before Mr. Justicel3 .
ICOTT V. BttOTH Nit? IN.
This was an action for servant'swages..—Mr. &ileac t
JONES said the defendant was a pi oprietor of the. Liver
pool stage coach, formerly called the Champion,: but
now the Alliance, and horsed it between Rainhill and
Warrington. The plaintiff was hirecliby the defendant
to this e this coach, and had been in his service from'
March, 1826, to February last. His wages were 11s.
a week, exclusive of slut the passengers might give
him. His demand was 281.45. for 47 weeks, and as he
prove the service, be was entitled to a verdict,
for that amount. He had; indeed, heard that it was the
defendant's intention to claim a set-off for an accident
to the horses whilst under the plaintiff's care; bqt fir
that he believed the plaintiff was not blameable, and at
all events it was not the subj ct of a set-off, but of a

Thomas Wakefield examined 'ay Mr. CoLtssas.—
Witness was formerly guard of the Champion coach.
It was afterwards called the Alliance. The defendant
was a proprietor. Witness left the coach in the spring
of 1826 ; the plaintiff WAS then the driver of it. His
wages were 12s. a week. Witness had seen the defend-
ant's bookkeeper pay him a month's wages at that rate.
Cross-examined—Witness was turned away by the
defendant. He did not Joie a banker's pared. The
defendant never told him that he. had. He could not
tell'how long the plaintiff. was in the defendant's service.
He never knew that the plaintiff had killed twa of the
defendant's horses. An accident did happen in April.
1826, at Knotty Ash. The opposition coach crossed
the road and jammed them against a cart. The plain
tiff did not flog his horses to pass that cinch. He was
only treating. It as the other coachman.who.cracked
his whip and flogged his horses. The plaintiff was
driving a mare that startled, and his horses set off, and
he could not hold them in, on which the other cpach-
man pulled his leaders across, and jammed the coach
between the cart and the opposition coach. The injury
to theshorses was through the other coachman, and not
through the plaintiff. The same mare was hurt after-
wards in another coach. All the London coachmen in
the defendant's service were paid 12s. a week, exclusive
of perquisites.
Re.examined—The mare was named Silvertah,; the!
only received a cut under her eye. She was blististedl'
and turned out. She was then put into the Sovereign
coach, in which sbe broke her legs. The time allowed

between Liverpool and Warrington was two boors and
I live minutes. For every minute °ter that time the pro.
pion*, who horsed the coach between those places,
forfeited 6d.
Benjamin Hollingsworth proved that the plaintiff was
in the defendant's service up to last February.
Mr. Hatt., for the defendant, said, that the evidence
of a discarded servant like Wakefield was subject to
great suspicions The defendant had lost two horses
through the misconduct of the plaintiff at Knotty Ash,
and the plaintiff, who had been racing with the other
coach, had owned his misconduct, and 'steed that the
defendant should stop the value of the horset out of his
wages; that this was the case, was apparent awn hih
letting so long a time pass without claiming them,
which he would never hare dore had they been due.
James Hawksworth, the defendant's bookkeeper—
Witness told the plaintiff that the defendant was con-1
rifted that it was owing to his racing that the horses
were killed, and he must stop them out of his wages,
and that their value was 461. The plaintiff said he was
veiy sorry, but hoped if he was to pay for them, that
his master would take less, and begged witness to speak
to him. Witness did so, and the defendant said he
would oply charge SOL wh:ch the plaintiff agreed ta.
Samuel Scott—Witne-s was driver of the Eire's
coach. When the accident happened at Knnity Ash,
the plaintiff was driving at the rate of 10 or 11 miles
arbour. His proper rate was about eight miles and a
quat ter. There were two or three carts standiag at the
Turk's Head door. Witness was about 20 yards from
theta when the plaintiff drove up. There was not loom
to pass between witness's teach and the carts, but the
plaint if whipped his wheelers, and came wilt great
violence against the carts, and his horses stopped alto-
gether. Witness drove on to Liverpool.
Cross-examined—Witness could have made room,
but did not. He tress in the middle of the road, ami was
going at the. rate of nine miles an hour.
By Mr. Justice' BAYLEY tie could scarcely have
given any way for the plaintiff to pass. He did not tty
to give any.

Mr. Justice BATLEY told the witness that if the plain.
tiff's coscli had °islet; and any person had lost his life,
he would have been liable to be tried for manslaughter,
and a•ked why he did not let the coach pass?
Witness said, because he thought the plaintiff 'would
have pulled tip before him. Witness did not increase
his 'speed ; if he had, it would have given the plaintiff
better chance of avoiJing the accident:
John Fair kept the defendant's stables; plaintiff told
witness in the spring of last year, when he drove up at
Rainhill, that he had heti larking with Sam Scott khe
night before, and begged him to look at the horses and
to get them bled. The horses were then much ex-,
haunted. The nest lender, Silvertail,•had her jaw.bone
broken, and the near wheeler war brat in the chest. He
put them out to grass, and afterwards put•Silvertail into
the Soveteign to run a short distance at 7 miles. al
'the seconcllonrney she broke her legs, an 3 witness wss
obliged to. shoot her. It was owing to the injury she
had before reeeis;,ed ; two months a'terwards the other
mare was ill ; I e vied to bleed her, but couid get no
blood, and she died. - •

Sergeant .hmta said he bad 'never witnessed from
a master a more harsh and ill-supported attempt to
take from a servant his hard-earned wages. Could the'
Jury believe that.the plaintiff, on entering into his mas-
ter's service, bad agreed to be answerable for every
ac(tdent tharniight happen to the hones he w sti daily
to drive, leaving to his minter he power of ensessing
what damages he pleaxed? There was no proof of aux
such absurd, agreement. A.man entering into such a
state of•slavery for paltry wages might, after the
labour of :years,: meet 'wrih 'an accident that would de-
prive him, of all, and mote than all; that his indpstry
had earned.
11V-:Justide BAYLEY said; the plaintiff Was entitled to
recover, unless the Jury th.iught "that. the defendant
had pr reed that:the parties had agreed that the defen-
dant was tot* at liberty to deduct from the plaintiff's
wages all losses he might Mstain byikay damage done
Ito his horses.

Verdict for the plaintiff—Darnagts*4 4s.
• POLICE INTELLIdESCE.

M A NSION-HOUSR.

A ',oath named John Russel was fharged with embezzling three
,pounds In money, the property of his master, Abraham Abitol, a
merchant in Lombard-street.

The prisoner was a sort of errand lad' in the prosecutor's ser-
vice, and on the sth instant his master per bins a cheque on Mar-
tin, Stone, and Co. for three pounds, to pay the servant for house-
keeping expenses. He went and gm cash for the cheque imme-
diately, and then absconded, and had never been heard of until that
morning when he was apprehended at Ckrbt Church, in Surrey.
The prisoner had nothing to say in his defence, and was fully
committed to Newgate for trial.
GUILDHALL.

A boy, only twelve years old, named Me Hawkins, was com-
mitted for trial for stealing a geld watch.
From the evidence, it appeared that on Thursday evening the
prisoner, with one or two other boys who were older than himself,
went three times into the shop of Mr. Light, Birmingham and Shef-
field warehouseman, in Skinner-street. First he purchased a eamb.
case and a pin-cushion ' • next he wished to change the pin-cushion,
that he might buy two of one pattern, for his sisters in the country ;
and the third time he asked to be Shown some cheap pen-knives.
The prisoner was now alone, and while Mrs. Light, who was at-
tending to Mm, went into an inner room to get some knives, the
prisoner opened a glass case, and ran away with the watch. Mr.
Light's errand-boy, who was in another part of the shop, saw the
act, and started in pursuit, but was knocked down by the prisoner's
associates. Bosh,: watchman cif the parish, asst the boy chasing
tie primmer, end secured the latter, suspecting something was amiss,
as soon as he saw the boy knocked down. Upon searching the pri-
soner, it was found he had already given the property to Ma accom-
plices, who had escaped.
Mr. Alderman Asst.'r thought that, from the daring manner In
which the offence was committed, the little culprit was irreclaim-
able, and therefore committed him to Newgate. •
BOW.STR
_ _

Menses .Delay was charged with. the fallowing daring street
robbery :.I-John Johnson, a gentlemen,deposed, that he was at the
Haymarket Theatre on Thursday envies, and when be unie oat
he was crossing vise end of James's-street, when the prisoner rushed
suddenly upon him and seising his watch-chain, twisted it round
his finger, and made a pull so violent that the chain broke close to
the watch, which remained is the fob. The prisoner ran MI with
the chain and waist worth about let) and was closely followed by
the witness, whn seised him by the skirts of the coat, and tore it op
the back. The prisoner jerked himself out of the witness's grasp, but
he again pursued and seised him, and.a scale took place, during
which the prisoner tripped up witness's heels; but he still kept his
hold, and they fell in the mad. Wltnew called the watch, and the
prisoner was secured. Lock and anotber Bow-street patrol
came up, and every search was made for the chain and seals, but
they could not be found. On a spot, however, where they stopped
a moment with the prisoner, Lock afterwards found a silver watch
with black ribbon and seal key attached, and the works were
just running down, the main-spring having been broken. There
can be little doubt that this wretch had .been stolen previously by
the prisoner.—The prisoner denied-having cotnnsitted the robbery,
and said the prosecutor had seised upon him br mistako.--fie was
fully committed for triaL •
HA TTON. G A R DEN.

Mows knight, the driver of a hackney coach, was yeeterdav
brought up in custody of Cadby, before Mr. Rosso, charged with
the following robbery:
Jean nettles Hase, a young Frenchman, being sworn, deposed
that on Monday last be landed at the Castona•house, and hired a