The Statesman.
London, England, 1821-08-09 00:00:00

personal
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--K/f, INraLLtairrat. a toque. A person Assailer by, aid we
Involving
—..... he good character of the plated!, la the osighboar-
- 1 COURT OF CHANCERY, Ate, b. d, bad taken away !MAN which• be had intrusted,
The LAW CIAZSCLLLOS CMS into Coast at ten
to hitn, in coneequence of the libellous weeds used by
o'clock. ~ the defendant.
TUX 11031. wurrosi VIILLOWII F. TUC Haiti* rOltill' ph. Ju%.cn Bausc.—Do
yes
go for
special di.
SIOCIII. AND JOSS MASSON, lie. Obi OF THS TILOS-
marrir
TINS Or Till PORTSIieUTI ZITATII. Mr. 8ant71111A11...-No, my Lori, I mean It only m
The Luau CHAINCILLOI.--" I have read the Perin !insulates. this
showed how a
man
might be
of
in this mot, and it is my intention to draw up a special
ob, fleeted by such an injury. They, and every jury wise
order mod hand it to the bar, and if they have any
might have 'lnch se action submitted to them, bad a
sernoloos to make on it I will hear them. On lookiwg
very serious duty to perform. lf its each provocatios
into the defendant Hauson's answer, the trust deed
being given, the injured party came peacefully and to
mast be considered valid until set aside by a decree.
to skill for a redress, as was the duty of ever,
If Lied Portal:booth ght proper to commit him- !tally
good subject. and if the jury gave no redress, or gar
self and property by exeeuting this trust deed. it is the
such damages as would be rather a punishment Shaul
ditty of the Court to enforce its being carried into ef
reparation, parties se provoked and injured Willa al
feet by the trustees. It strikes me that I mast call on
longer come to juries, where they would be only Road
Lord Orentley, and Mr. Justice Best, if he is a true-
male redressed, or receive 40.. to cover the costs; be
tee, to pat in their answers forthwith to the bill of
they would seek redress elsewhere, and in soothe
Lood•Portsumeth, and the defendant Hanson shall
manner, to which he would not more particularly al
forthwith deliver his account against Lord Portsmouth
lade here. It was not only the measure of injury whic
to the other trustees. sad I shall take care that the
the plaintiff bad suffered which they were to considel
'treaters shall only act as melt, and that by counnuoi-
but the consequence of their giving inadequate repent
eating mgether, and if they est without so commeni-
.. tioo. If they did not give sufficient damages, the diet
eg. It meet be at their peril. I will band in
--' might be to close thedeors of courts ofjusticesgsim
order to the Bar in the coarse de day or two." l
-----_ swat actions.
Sr-91.11ER ASSIZES. John King.—The plaintiff is an auctioneer, mod tit
--.0-- defendant a joiner, at Skipton. On the 21th of Ms
CneLstsronn, Attn. 7.e--The Summer Assizes for I was present, and many others, when the defeddst
this County commenced here to day, before the Hos. told the plaintiff that ise was " a 4-11 rogue and
Mr. Baron Wools in the Crown Court, and the Hon. hie." I had not heard the plaintiff say any thing I
Kr. Jetties Buneoroo is the Civil Court. In the him. It was said in an angry tone, and sofficientl
fortner Court the celender contains 511 eases only ; and load to be heard by all present. There were ten 4
in the latter the entry of causes antennas to bat 16, a twelve persons present. The plaintiff was on his w:
*amber infinitely less than has been known for many towards his own Isonse, and the defendant follows
yeses at the assists for this County. him. Both parties are in a very respectable way.
CIVIL NOR. Cross-examined by Mr. Wit.t.talts.—The slefentle
cannot/it 'e. srat.sost *ell *SOTHIS. appeared to he in liquor. I beard hint ask payment
This was an adios on the case against the defend s hill. 'fo the best of my knowledge the plaint
We, who are proprietors of " The Times" light swore at him. That was before the words I me
ortieh from Colchester to London, for the negligent tioned before. 1 do not recollect the wools, aft
driving of their servant, whereby the coach was upset ss rogne and thief"—" fur saying so." I know Hurt
sad the plaintiff, en outside passenger, had one of his and illunssien. I dare say they were present, hut
- legs braes,. and the aide of the same leg dislocated. took no notice. Idu not recollect saying on fond
Mr. °vanes and Mr. ANDIEWH conducted the last that my evidence would be es favourable to Bru
• plaintiff's case, and Mr. Maumee? sod Mr. Wat.roun list as to Slerryweatber. I did not say, and Ido t
the defeedents'. believe, that the one was as abusive as the other.
A ease of gross negligence was opened on the part Re-examined.—Merrysresther sold cabinet we
laintiff, but the facts proved :—T
were these The confusion)
tElately. I clearly remember (after some el
who is a carpenter by business. residing at it was after Brumfitt called Merryweather "refine s
green, had takes an outside place on The thief," that Merryweather swore at limusfitt a
Times coach. on the 29th of December last at Celebes- 4---tl him, and said he was ungenerous.
ter, 'Of the pnrpose of coming to London. The coach John Merryweather, the yonn2vr.—l am son of i
came with safety es far a' Ilford, at its usual rate of 9 plaintiff. I was present on the 24th of May, Brum
miles as hoer. Ineluding stoppages. In coming down came out rather elevated, when my father was wits
the bill at the Clock-home, at Ilford, the near leader gentleman from Blackburne who bad deposited gos
mailed, sad all the horses set of at a furious rate. with him, and said to my father, "d—d you, pay
The coachman gave his whip to the passenger on the my bill." My father said, "1 will not pay it to 3
box. and with both hands tried with all his vigour to to-day, for you are in liquor." Brutnfitt then as
pall In the hones ; but is the effort the coach was o You are a d--d rogue and a thief." Sly father el
upset In the foot path with a tremendous crash. The said, o You are a d—d ungrateful fellow."
plaintiff, in endeavouring to save himself from harm Cross-ex smined.--Ify father sent for a writ ism
jumped off the roof, and sustained the damage stated diately—about two hours after. My father was to
in the declaration. With assistance he was conveyed sober. Brunsfitt was not qnite drunk, but rather 1
to a neighbouring house, and afterwards carried in a vated. My father went before a magistrate, and
post-chaise to his lodgings at Bethnal-green. For 7 him fined for bring drunk.--(A laugh.)
weeks be was confined to his bed; and at the ex- That is what you call elevated ?--Yes.
Oration of that time he was removed for the benefit My father said 1 will pay you your bill to.morr
of country air to Ilford, where he resided until very and fur your abusive language too. The hill
lately. His sergeoa's bill amounted to 33/. His ex- 3/. 9s. He never asked payment but when in lip.m
peewee for nursing, Ike., incident to his misfortune, Mr. Wtwams addressed the Jury for the defe
came to 671. He was stated to be a young man of 25 ant. lie agreed with his Learned Friend that
years *rage, to battiest the use of his limb, and likely plaintiff had a right to redress. bat not at their hat
to be a 'cripple for life. lie had got redress when he had gone before the
On the part of the defendants. it was proved that ,Astrate, and in doing so he had done quite nil
their coachman, named llobbold, was a careful, steady, But he bad not been satisfied with his own pent
and attentive man ; that no similar accident lad ever application for redress once, but he must apply a
happened to the coach during a great number of years cond time for redress in a more ornamented man
of its travelling that road ; that on the day in question, and in the person of his Learned Friend, who was
in timing down Ilford hill. one of the horses took carious for his eloquence. This action was the t
fright at a heap of ashes, which had been collected on contemptible and absurd which had ever come Ist
the snow which then covered the footpath. and also in Court.
consequence of the splendour of the sun shining upon Mr. BROV4III*3I.—Do you call witnesses to prows
some frozen water in the middle of the road ; Mr. WlLtisms.—What ITo prove the plaint
that the coachman did every thing a man could do case ? This poor defendant had been drunk, and
under such circumstances to prevent accident, but the Learned Friend's client was the last man in the w
horses became unmanageable, broke their traces, and to contradict that. The defendant lee said was des
ran back the road whereof they came several l'be witness would have it that he had been only
miles, leaving the coach behind, which in the shock vated. But the plaintiff bad proved him to have I
was upset : that the accident sustained by the plaintiff drunk. The fourth part of a farthing would be
arose in a great measure from his own imprudence in cessive damages, if the verdict should be for the p 1
jumping off the coach in its fall, instead of keeping tiff. But this centesimal part was not due; for so
his place as the other passengers did, who sustained Helton, so contemptible, so superfluous a ease he
can damage whatever. It was stated on the behalf of never known. Why had net the plaintiff requirel
ele defendants, that they ]tad offered a liberal soaves- apology nest day, or some explanation of the w
seams to the plaintiff in consideration of his moderate used, bat mast brine his action to decorate the
circumstances. but without prejudice to the question sizes? Yes, it was the dignity of appearing In'
of their legal liability, it beiug contended that. though Court by his Learned Friend (Mr. Brasil
they were answerable for the carelessness sod meth- which bad induced the plaintiff to come
• gents of their servant, or for iv accident in default .t Jury, ansi which had excited him to tiles out
of providing a safe conveyance, they were not liable dangerous weapon—a writ. After having gess
for the casualty which occasioned the injury which Magistrate and got a fine of ss. imposed on Ai
hammed to the plaintiff. fondant for having been drank, the plaintiff !tai
A aegocistion took place between the counsel on structed his Learned Friend to talk to them about
bob sides, before the defendant's case was closed; and, character! It would be abusing their time and
midst the circumstances proved it was agreed to with- lieges most abominably if he were to say oleo I
draw a juror, by which the result is. that etch party more. If the defendant spoke in haste or in heal
pays his own costs. was entitled to their verdict, end the plaintiff mm
—ewe— content with the fine of 55., which was five times I
YORK ASSIZES, Are. 6 •
than was due.
Mr. Justice Bella! v said, that if the defendant
CIVIL AIDE. not meant that the plaintiff was a felon, the words
1.1115L.---USSIIIIWIt*THIR V. latielftT. not been used in the opprobrious sense neonate!
Mr. LITTLEDALS stated that this was as action for
• supporting an action. If they were used in so m
*etas spoken. the defendant having called the plain- brious sense the next question was, what would
- tiff a4l thief." fair amount of damages ? Drunkenness was hers
Mr. IlltOtOttall addressed the jury. The plaintiff serial, for the impression made on by-slanders by
sought reparation in damages for the injury which be opprobrious terms of a sober reflecting person.
had suffered from the defendant. The plaindff was an greater than when the opprobrious terms were art
asetialteeets SittPtaat well employed and is very eon- by a person in liquor, and therefore greater den
repute. The defendant was a Meer and ca- were due. It would have been reasonable to
et in the same place. The injury for which given an opportunity of explaining the seem la a
was sow sought arose from spite, occasion- the words were used.
by tai interference of business. There had been The Jury considered for a few minutes, whet
no specific charge of felony made against the Plaintiff. foreman stated their verdict to be for the platatifl
—There had been no more detail.—no other spe- wages one ftrthipr. and said that they thought
elks"' of the malicious charge, than toe party should pay his own costs.
words WM& would he proved to thesis. It for
them t• Obi what Injury the plaintiff had sustained. The cottononills of Scotland are said to WM
and whittlipiration was due. It was not a light Mat- jest now than they have been for a considenelshe
a - •
ter on a respectable matt to have his character attacked I'be wool-manufacturers is Stewerton and MI
in thielnewlter. He would put a case to them. which neck are repoded to be in good spirits. and the
was litefift time; iit Pie resent lasteoce, and which people at present more comfertabk in their "di
limn alloY)lthieiiieftieft MAID( from' keeping so evil sluices than they have been slate 111 I - -
1 . .