The Statesman.
London, England, 1820-11-18 00:00:00

THE 2TATESMAN

aga:n t Liam and carried him almost to the other side I
of the road. The wituess ran immediately from wher•
he was, and helped to extricate the horses; the de 1
fendant's carter at that time rime roasting up. Th.
;shaft of the cart had bees forced into the dray horse
to the depth of 16 inches.
John Smith Corroborated the former witnesses, and
said there was plenty of room for the cart to have
gone past without touching--the gateway of the yard
of the public-house was not wide enough to admit a
dray.
Thomas Devisee I:red opposite the Wheelsbear—
be saw the cart of the defendant there, with the
horses baiting, sad no one by them; they were a kind
of high bred horses. On his cross-txstnioation, he
said they were not in the road, but in a recess turn-
lug oat of the ry e.l, staading head to bead, feeding
on bay.
Miles, the horsekeeper to Men: and Co., said
the horse which was killed by the shaft was et the va-
lue of 76 guineas, and was bought in June, 181 g, for
that money. The defendant had owned the cart and
horse to be hie.
James Moen, the drarman, had put a chain round
the wheel to keep the dray steady. He left the horses
'more particularly safe that day than be had left them
before or since. He was only is the t nese ten
militates drawing off the butts. The reason' he had
taken so ranch pains was, because a gentleness was
admiring the horses.
Mr. SCA auz rT said, in defence, he was deprived of
the testimony of the defendant's servant, as be was
since dead ; but he contended that the horses were
I left in a secure place, and with their beads to each
other, to prevent their starting off; and the same port
of accident might have hap/word to the brewer's
dray, even supposing a stage coach had passed along.
on account of the insecure position in which the dray
was left.

The Voice JUATICR said, the que.tion was whe-
ther there was equal negligee' •e; for if accidents
happened by the negligence of both parties, he who
suffered could not bring an action.
The Jnry returned a verdict fur the pi4ntiff—Da-
mages 79 liumeas.
The Unity JCSTTCE—Perhar there is not a
man who does not remember accidents happening
frum the circumstance of horses bring left without
blinkers.

Now this was a very important thing and, from the
rircemetantial way in which it was alleged, it was
natural td *uprose that it might be pleaded with the
usnal specification, namely, that of an authentic cer-
tificate of her birth. . I
Sir Was. Score observed. he redid wish some anvil
inquiry to be forthwith made as to the age of this
party, or some sufficing reason to be assigned why the
required specification could not be made. It was
highly material that this thoold be known, particu-
larly as the wife, an a former occasion, seemed to have
represented herself of a less 'age than she now ap-
peared to have been, upon the face of her own state-
nest. He could not, therefore, at present decide
I whether the protest could be unstained or must fail.
The better way would be to allow the cause to stand
over far a short period, in order to enable the pasty
I herself to bring in such plea : and the Court mid
thus, at the same time, afford her an opportunity of
bringing forward fresh evidence.
The cause therefore stands over.