The Statesman.
London, England, 1823-07-22 00:00:00

:

Assisi INTsuseenes.
liffatewn clue eaten, Jtrt.e.
Befire Mr. Baran (lasinier;instf.di Spneffif 11.17, ,
. • aneitati IP tripe* eitit '
111. e. Rsepsl hprifekt fee pteltdings. _ tlelll/
AWE the deftialaebt 'WAN* the pearl!** of „
leillit entningbatereri Laotian ind Ilistetry, fa or 1
ear; and that by die negligence of dteir eettiejte,'*
pktatiff bad rewired metal trete injuries.
• Mr. CLAnaa said the plaintif, less EdhrsiM
was the daises* of a respectable Ferman.. of
.%
r:
The defendants were the proprietor* Cif_ina S
Coach, lietweti London and York, bf which
coach the pjaiatiff was ti mousier, on the MO of :Fly:
Intend she brought dile action to recover a caliphate;
tion for the injury she bad received by the overturnhig
Of that coach, through the negligence of the defeedauts
servants. On the day the welding occurred, tfie
yoeag lady was towing dowi from London, hi tike a
Situation in Miss Taylor's seminary foroung lad! op se
Bantry, which in all probability would have been a last-
log engagement. bad it not been foe this ads of intr.
bliss Hughes was an outside passenger, _there befog no
room in the isidder but her frieede had re
her safety as fsr as they were able, by placing her Wittier.
the protection of a clergyman, who was also travelling
by the same conveyance. On tlieir arrival at Newark
between one and ado o'clock in the morning the coach
stopped, to change horses, apd the h.ostler, who attend-
ed to that dirty. was in all probability drink. as by hi/
violent vociferatious and actions, the unfortunate circum-
stance took place which was the cease of this action.
While he was bringing out the fresh horses. the coach-
man and guard lett the coach to go 1* the house, pro-
bably to deliver their parcels, and when the horsesiras
pet to, the hostler, lashed of continuing to stied at
their beads, placed himself by one of the wheelers,. and
been playing tricks. The guard. at this moment. was
misting a gentleman loto the coach, end before be bad
heated himself, the horses set off at full speed. and on
their reaching a sharp corner in Newark. the coednt was
overturned with a dreadful crash; all the outsidePase
!wagers were thrown off, and one gentleman was so much,
injured, that he died the next day. The plaintiff was!
pitched with dreadful velocity spinet a post, arid her
jawbone broken and several teeth knocked out. She
was heeled beneath the luggage, which bad fallen on
her, and when lifted up, she wee speechless, emir
could only make herself -known by rusting to Imo
pocket, where a letter was found. by which bar cisnallee!
tions were discovered. In this pitiable state she was
carried back to the inn, where she was suffered to He,
disregarded by the proprietors, and at le4ith the plain-1
tiff was compelled to take these proceedings against
them, by which alone they could lie made to compen-'
sate her in some measure for the lajury she had strata's:l-
-*ed, as well in her person as io het future prospects in
life. Miss Hughes was a young lady who.badleen
educated at the greatest expense in all the accomplish.
meets which were necessary to qualify her to act as
governess in a school. She was also a young lady, who
beyond the advantages derived from a rustly education,
au beautiful and prepossessing in her person. Ind cob
Who might with much propriety have looked forwitd to
an honourable alliance with some gentleman erred( and
property. Her, fair prospects were, by this dreadful mis-
fortune, no longer to 'be cherished: her teeth had been
knocked out, and she had not yet recovered the ose of her
limbs ; her voice also was indretinct, and probable never
would be again so perfect as it formerly was. .Thus the
'purpose for which she bad been educated, she could
never follow. Prior to the accident she was perfectij
capable of teaching French sind dancing, but her Voice
*at now 'so imperfect, that she could not pronounce the
French language with any repriety, and she bad suf-
fered so much injury in one of her ancles, as to be un-
able to.be an instructrent in *wart of dancing. Fiero
the natural foruiation of her fingers she was incapable
of applying herself to music. so that in every respect she
was unfitted to purses the course of life abs had intended
to follow; and here let it be observed,. that besides having
lost the benefit of her edocation, she has suffered.ims'
aensely from She pain she bas endured, by being thrown
from a coach top against a post, and braised with failing
Igas, to such an extent, as to remain speechless •and
le for a considerable time afterwards. He (die"
Learned Counsel) had hardly need to say that the law
provides that the proprietors of coaches are made liable.
fir accidents which arise from negligeuee, because the
!public have a right to be carefully driven. lo this ease
no offer of compensation had been naide ; no humanity
bad been shown so the unfortunate young lady, aod.she
was left to the care of a g'entlemarl after the ucideitt„,
without having been an object of attention on the part
;of the proprietors. In this situation, deprived of the
,comforts of • life, and injured in every respect, she bad
(come here to ask of aJury to award ber a bur amount in
(damages, and although she had laid the damages st
10001. that sum would not. is a pecuniary point of view,
be equal to the loss she had sustained, independent orthi.
pain and anguish she had borne. If the Jury were amiss
tied by the evidence, that the accident was occasioned
by the gross neglect of the proprietors, they were liable
to make to the aggrieved party, a full and ample coos-
peneation for all the loss that had arisen in consequent/
of that negligence.
Evidence being adduced to establish the plaintiff't
case, Mr. SIROIANT VAUGHAN addressed the Jury OD
the part of the defendants. Mr. Baron °arrow then
charged the Jury, and advised • fair and liberal compen-
sation fir the injuries the plaintiff had sustained by
being withdrawn from that situation, and those advan-
tages in life, which her friends, ty giving her a liberal
education, had prepared her to honk forward to.
The Jury after being absent from the box 1
hours, gave a verdict fur the plaintiff—Dauiages 5731.
YORK,. Natunoal, JULY 19.
CASE OF fiEDUCTION.-

Wall= O. Cl.asut--This Wail an action of quantum
theruit on the part of the plaintiff, to recover compensa-
tion in damages from the defendant, for the loss of his
daughter's services.
This cause was tried in the Crown Court before Mr.
Justice Holroyd, his Lordship having-sent a orange to
Mr. Justice Bayley, that no causes being ready fur hear-
ing in the Crown Court, his Lordship was ready to as-
sist him at Nisi Priam and this masa being the next
for bearing on the Civil List, it was inamediatelycalled on.
Mr. 'HARDT (in the absence of Mr. Scarkt4 who was
engaged the Whole day in the succeeding case) stated the
case for the plaintiff. The Learned Gentleman said that
though this was not an action for a breacif of protnise of
marriage, still it would•be necessary that he should. go
into the whole case, and state the facts as they occurred.
The plaintiff was a cloth-merchant residivg at Wortley,
and the defendant was a shopkeeper in the same place.
the parties had always been known to each other am
neighbours, but the first intimation which the plaintiff',
danghter, Miss Elisabeth Walker, received of the defend
ant's intention, was on the Cliristnias day of 1,21. On
that day Benjamin Cleek, the defendant, came with a
friend to her father's house. She played on 'the
and he professed his admiration of her music: Ou that
lay his profession of admiration was confined to her inn-.
sic, but ou the second visit he gave it a little more 'cope,
and declare : his attachment to her. The defenalant,had
not been tong a widower, but he told Miss Walker that
he wished to be . married- again, that he might ban a
muthei for bis child. To this she replied, that. she
would enquire bite to consider, and it would be necess.--
ry to.consplt her father. She comulted her father, and
he desired her to act aisabe pleheilt -On the Sunday fol-
lowing thelast thit,defendant agot ism to
tier talked largely of 'his fortune ; that he bad 2U001.,

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which weed be at her dlimbeia that lie law she .
no money, sad that he Wififeriume. It was the mister.
lfPGAdVoir Wollour: 40 id thisto felmfitiwo ibt wilhap4
Pity7llo44ll 5A*110.41,0" P: Po 0ft144,& 11aiie
id ylittitcpad, take place
.wl/10
birdrepiaira ilia 'the 'birth' at a WM. Tbildeltodftel
llhVie ' • ed hifyistion; unt Italher a Jetted
is fair ith of sfai h filtowlng, itaffiNV.7" . I
mini reties that, a-Yei (Mr matter bad ow
coned whiefinsaditirn cUnge fnstelnd, and jive op all
tlimeghtetst her; that he hid called tWo or three tidies al
her house aid food bet out at so lafe ad hoer; "{hat : 11
imslelint great corker° ; Ind, tin carping' the 'Wilt@ fa
Ms mind, ;WA habits would not suit' hire; that shelf
tempers were sot of the best, and that it would 'Sot do foe
him to hate to deal with another of inch 6 temper as Ms
own."—This letter Was signed " Your once intended
husband, B. Ciro's."
The Learned Gentleman combined to observe,'ll4l
ma wile the by the defendant 0 JO
lady, after ale his promises and tonoorable assuramies.—i
Immedlatelt after this, the defendant married a lady, of
the name of ItOss, who ponessed some fortune.
Mr;•ldatitibu'am here Iwterrupted the Learned Geode.'
mar, mud said that ba AM discussing a breach of promise.
of marriage.
Mr:.ffaipt rewired. 'He . said that oo the subject of
damagks, be would leate it to tie Jury to deierwine what
compensadoiia father was entitled to who was derived
of theitopi and consolation of a virtuous daughter by
the defendant's conduct. lie would Jew it to them to do
(Or a father, what they as fathers would expect to be
done for thsinselves under the same circumstances.
Mary Anne Welker was then called, and examined by
Mr. Hearov.-1 am danghter of the plaintiff. fily father!
llvde at Wortley, and is a' cloth merchant. His family'
consisted of three sans and two daughters, beside it'fis.'
nude servant. 1 knew the defendant for 14 year.. He
lived 'titbit's quarter of a Mile of my father's house.
He bas been twice married. He used to visit at oar
home after the death of Lis wife, which took plibe
five weeks before the Christmas day
.of lel. He used
to come to her father's with' two friends of his, named
Thornton and Bateson. She was in Cie habit of play-
ing on the piano forthent when they came. The de-
Pendant was at her house on Christmas.day, in the early;
part of it. He returned again the same day, and stopped,
till nine.o'clock. He said that he wished. to go away
iftiOuesome business. As we were going to supper,
preiseidlilin to stop M sop ; he said lie could not, as his
friend Thornton was unwell, and he should call to see
him, but that he would return again that night, which
he did. On.. that .occasion some conversation took
place between na. •• He said that he wanted to
,ntahiy me I. replied that it was tat) soon to
think of it after his wife's death, and that it would be ne-
dessaryio consult my. father, and that I had no money.—
He said he did not want money, that he had 2,0001. or
9,3001., if his debts were collected. Ile was then thirty-
six years old, and I was twenty-nine. Ile talked of his
shop and business, and I said I would not go to become a
shopkerper, His late wife attended his shop. He was also
a maltstee, .14p said that he world not ask me to become a
shopkeeper, as he would give up the shop entirely. He
stopped that night, till twelve o'clock. Hie declarations
Wete it this time strictly honourable. After this be con-
tinued his Visits till that intercourse commenced which led
to pregnancy, and the subsequent birth of a child on the
£2d of November, Mt. I received a letter front him oa
thos6th of March lest. In which he stated his determination
to break off with me. asy.sister .was at this time absent
foe seventeeu weeks, during welds ill the work of the house
fell oa me. The estates of Ciwk alight amount to 1601.
per wain.
Cross-examined by Mr. linotousst.—My brother was
pertly in the room. but not always when Clerk visited me.
My father went to bed early. Often went cter Clerk Lad
i come. The first night be talked of money and shopkeeping,
'and said that he Wanted II wife. He took no liberties with
me on the first and second visit. On the third visit 1 Can't
any that he dad. isastitini in the parloar. There was no
sofa or carpet there," As lie was going out I saw him
through the kitchen-door, and we atopt there en hoer. We
were onen.left alone till midnight. The intercourse which
Oaf to my pregnancy took place on the 24th of February.--
'He csedmany Indecencies before he succeeded. Can't till
*tether he was lately obliged to sell his, property, but be-
)leved not. He came several times three evenings sue-
cessively.
Joseph Brook proved the handwriting of the letters to
bribe defeadasts. The defendant kept a malt kiln, and i
number of cottages.
Cross-examined.lle was the parish clerk, but not the
Amen man.—(ll,aaghter, in which the father of the girl
heartily Mind.)
Mt. liongenam addressed the Jury for the defendant.
The Ceained.Cdotteman said that be could not dispute
tkit right of the plaintiff to a verdict, but it was for them
to oily what quantum of damages would be a proper cow-
-1 peniatlon for such a father and such a daughter, who no
deiM were prepared the nest day to brine an action to
recover
.daroar s for a breach of promise' of marriage.
16 estimating the, quantum of damages in such a case,
thc should conslder whether the father was careful or
negligent, and whether the daughter was repulsive or
facilitating. and .if it were found that so far from either
being careful or repulsive, both were negligent and faci-
Ratio& then the case would so staid, that they ought to
cat 'damages to slip smallest possible amount, particu-
larly as the plaintiff's daughter had still another claim.
This action was cunningly brought to inflame and ag-
gravate the cue under other circumstances. There
Was no ease, be admitted, greater than that of tearing
aidattlie affectiont of an Innocent and virtuous female,
by ruining the peace of a family„ by by first seducing and
then abandoning her, wbo to them was an object of
the utmost. fondness; but what could be the claim of that
father; who instead of exercising his parental aathority
to protect- the morals and secure the virtue of his child,
allows her to remain. alone with her seducer, without
Using any means to avert her impending ruin. There
.here different degrees of delicacy and indelicacy, but
was that not the reverse of all delicacy—was it not the
;very height of indelicacy? It was this which consti-
titted the aggravation of dm case, that here was& father,
regardless of his daughter's virtue, going to bed early
and leaving her 'alone with the defendant in a secluded
apartment. What was the delicacy of the daughter
who would receive the visits of a widower five weeks
after he had buried his wife. How great most the
sensibility of that lady be, who would yieTd
.UP that
which • ought to be her detiaest and most valuable
possession—her virtue; and to whom? why to a man
who, when he spoke to her about a wife, seemed to treat
'her rather afa bale of goods than a woman. Ought not
• she to have been-shocked at the.abrupt proposal of such
'a man, and hale rejected it with indignation? The
Learned Counsel then commented on the variation of the
testimony in bee direct and cross-examination. He said
that 'the natural infeience from her direct evidence
would be, that the intercourse had first rocitmenced on
the third visit, instead of the 24th of February. Was it
not' atoned mere that she said it commenced on the 24th
Feb. for the purpose of compassing the nine months from
that time to the 22d of November. It was shameful
and disgusting that any girl should permit any mat. to
visit her at such hours, alone, and so long. No woman
wonid tolerate it, who had not abandoned all claim to
delicacy.' Wby not reject him with indignation on the
tint attempt he made to take liberties with her ? May,
stay in the kitchen at So late an hour on the -preteni'd
that 4bat-was the Shortest way out. He believed that
the deferplant in his first interview. with her was snivel
in his intention to marry her„and it was only in the pa
Iress of his intercourse with her that ho had aseda
enough to change bin Mind. He found that elSohad beat
in the habit of remaining oukat night, and at ease slog
that with a woman would not suit -him. It sips.* the
Jury to say, whether such a
child and such rant'

I wet* ',titled indenter!. Where was the insemdbility
of the (Atha to be recompeaped. Mow did bit ghee' his
ashisibliity t ' • Woolf li adiiibt Uithi frippiktio' Of hie
diagittri li eltentielos by Weigher 04 proem Sisios, or
Pitting fa the liegh the Parish Clark. A sae sato
sheered such i si
spesitios shoild be defeated. when he
II tried %wombs hi doughteri shame the source of profit
to fill okra pbelret.'
His boapeaistintastned up tbe evideoce, aid the Jury
returned a rerdkt for the plaintiff—Damages 250/4 and
40s. toots.
—.so—
Before my. iaatieft Dainty aid a Special Jury.
stiseiste, twist • taavani. ESQ. a 2,10, crisis.
This was an ac ion ,on a policy of insanities effected by
ode Richard Bailie as the agtnt of the plaintiff, on
the 16th of March, pill, with the European Ufa In,
serene. CriAsspiqiy;on i life of Robert L:brisle alerton,
EP. for the soot 014 .tl
The defeedlititipleade —lst. That previous to the
effecting of the pellet air. Burton had the goat. 2.i.
That he had SU, *l.. That he wss subject ratite gout:
4th. Thit beteistithject to fits. sth. That be bad been
sihject to dletirderis tending to shorten life,upos all which
(exile pt the ind, to which there was a demurrer) inue was
joined. As the defendants stated affirmatively ill these
facts.
Mr. WiLUAIIIII, for them, opened with their cm. and
called his witnesses. Mr. Scarlettafterwards addressed
the Jury, sod adduced evidence for the drkadant. Mr.
Williams replied in a speech of considerable leagtb. His
Lordship summed up. and the Jury returned • verdict
for the plaintiff—Damages, 4,000/. -
This cap excited great interest in the countyof York.
is consetioence of the late 3.1 r. Burton being well known
in the county, snit the large &monist of property, de-
pending upon the verdict, insurances having limit effected
in other offices on the life of Mr. Barton. all of which
most follow the fate of this case. Tilers were st ha 4
200 witnesses subpcensed on the respecti:e shim. and
the trial lasted film nine in the mowing Sill ten at nicht.
At the last Anises another case of the none sort; trot
with another MEC!, was tried. In that cause there was
also a verdict for the plaintiff.

BIRTHS.—Oa Saturday. the Wth last., at Padhato, the
Lady of G. Ratites, Esq.. of a son. •
Yesterday, the Lady of C. P. Rushworth, sq., of o
daerhte►.

MARRIED.—At the /Siltiatt Affilmspittlor*s C.ealiel. Sa-
tordsy. 12th instant, Nathaniel Bingo, Esq., Admit son of
Hugh Barton. Esq., to Mary Sesonnah, second dsosteer of
Ilarry Scott, Esq., his Britanie Majesty's Consul at Bor-
deaux.

DIED.—At Ranasgate' after lingering three years in a
decline. hl. J. li.ttevor, In his eighteenth year, eldest son of
Col. Beeenr, of the Re) at Artillery.
Od Sunday last, at her house in Cur:no-street, Mrs. Mary
Cotterell, sister to Sir J. G. Cetterell, Hart., M. P. of
Demons, In the Conic,- of Hereford.

BY his Majesty's Royal letters Pa•e4.-4,II;AKE•I
PHA* Nalateria. One small Pill is a Dose; and
the taking of one box. in a recent case, wi.l woos' convince
the Patient of the certainty of his speedy recovery. No-
thing can be better contrived, more safe, or more eon venient
than this remedy, for such as are obliged to go jonrnies or
to sea, as it needs no confinement or restralut of Dirt : and
60 years experience (in an extensive predict.) has proved
tint it will effect a Cure, when all other methods avail no-
thing. For the Scurvy and othrr chranical disorders, this
Medicine has not its parallel. 11.1pwardssof 40,000 persons.
of both sexes, I.eve been :.diceily cured within the lest right
years. Prepared and sold by the sole Proprietors, T. Tar-
LoR and SoN, Surgeons.* at their house, N 0.9, New 13 Wee-
street, io boxes of only 2s. 9J. each, duty included. They
are also s .Id by their arpointment, with cnrions direction.,
at Mr. Hepburn Toy Shop. M. Oxford-street; Mr. Pis-
borough's.- 7, Elsh&street-hitl, 'warty opposite the hinny-
meat ; at Mr. Beater's, Edinbureh ; Mr. Newh'rry'a, Dub-
in
;' and by one person in every considerable Town is Greet
Britain mid Ireland. Advice gratis to persons taking the
above, or other of the Proprietor's mediciees.
• See the published list, by the Hoye College of London.
_

Domes stil aeries uzor.—Hoe.
Thy house, and (in the cep of life,
That honey-drop) thy pleasing wife.
SOCRATES, by his Discourse on Marriage, so en-
raptured his auditors with the sehiert, that the
married men flew to their wives, and the bachelors hastened
to be wedded; and "The Spectator" has adirmt•d, that the
word " wife" is the moat agreeable and delightful name in
nature.
The sacred Institaillan, then, of marriage, compasses the
desideratem of our enjoyment ; teeming, not only with hap-
pines/you earth, bet disposhfg the soul itself to harmonize
with bliss hereafter.
Previous however, to entering Into this hallowed obli-
gation, it becomes an imperative duty, not only to regulate
the passions, but to cleanse the grosser nature_ from those
impurities which the freedom of ourestiieled pleasere may
, have entailed upon it. To the neglectof such attention are
attributable, many of those hapless instanoes, which, while
they excite the commiseration of the beholder, should also
impress Min with the fear of self-reproach.
Luxurious habits will effensinize the body—a residence in
the tropics will relax the elastic fibre—but more especially
does the premature Infatuation of youth too freqnently com-
promise the natural dignity into a state of inanition, from
whence the agonized sufferer more than doubts the chance
of relief. To all such, then, we address narselves, offering
hope—energy—muscular strength—felicity: nor will our
advances appear questionable, sanctioned as they are by the
multiplied proofs of twenty years successful experience.
The easy cares of married life are sometimes disturbed
by the suspension of those blessing+ which cuncentrate oho
nuptial wreath—for the female habit is often constitutionally
weak—yet it can be strengthened, and deficient mew im-
proved into functional power.
In every case of syphilitic intrusion, as well as in every
relaxation of the generative economy, we pledge our ability
to cure speedily and with effect. Earnestly solicitous to
expel the unfeeling empiric from the position so presumptu-
ously taken up, we deviate from genertd.priociples with
less hesitjdon; and confident in oar own honourable hit&
',thy as Members of the College of Surgeons, we refer the
lettering community of either Sex (especially those enter
leg into matrimonial life) at once to our houses, where daily
Steatitic*. is glyenfor .personel consultation ; lord Inlieri
hula the country are immediately answered; flies,. must
~mintain a remittante for Advice and Medicine, which can be
forwarded to any part of the world, however distant.
BOSS and Co. M.R.C. Surgeons,
No. 11. Bouverle-ttreet, Fleet-street, London.
•„,* Prteate Door round the Corner.
Just published (Sixteenth Edition), I. Taut Mom or
Lira, a familiar Commentary on the above Diseases.-2d.
Hsu CIIN A. addrested exclusively to the Female Sex.—May
be had 'it 9t, Paternoster-row; 09, Pail Mall; 10, Princes-
street, Soho; 171, Fleet-street; Porter, 72, Grafton-street,
Dublin; Jones. 117. Trengate, Glasgow; and ()fall Book.;
sellers, Pehletiles: :

NO
SMIMIC was ever brought into use by the
Professors of Medicine, to equal PERDE'S Celebrated
and incomparable Psalms Pusts, for the speedy, safe, and
effectual CURE
of a certain disorder, in all its insinuating forms, and the
malignant and destructive Ravages it daily makes on the
HantanWeatee; but, happily, these Pills Cure in so shorts
time. -sinkiase safe and easy a manner, as to warrant him
I io wse toll confidence of success, that

NO
Spark*? Disease Atilt be left h the system. These Pills
are seta in Boxes at 2s. Od., at 44, Liquorpond-street. Lon-
don; bat should it be preferred, the Doctor eno gel to Carr
the Disease for a stipulated SIM or return the Money ; sti
that iftherebe No-Usre; there'will be No

PAY.
•
It B. The %telt Cared without washing or anointing, by
saw4HIS 601/V. POPO*. 9tt.
ti
London: Printed atiiiPubliihrti at the, Office*. ' -
Strand, by ft. WADDELL, LLD. PrOprirter.

a*

• 4,44:40

TaTi9l,

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