The Statesman.
London, England, 1822-11-29 00:00:00

THE ST,

under cireurnstaaceasrbiell \Mid lids*, them to refuse
him summary relief on mean, and leave him to his writ
of privilege.
Mr. MAIIITATT, in support of the role. letirra that
though the defendant was now at large, his ball might
at any time tender him, and thus prevent him from die•
charging his doties : and wherever a party ott screen-
der would be entitled to bis immediate discharge, the
Court would not compel him to reader for the mere pur-
pose of discharge. The defendant was compelleito pat
in bail, inorder to bring his ease before the cilia.. sod
therefore he ought not to,be concluded..
w„ _
The Covet said that their opinion ailoyammt ma dm
peculiar circumstances of thecase. They most preemies
that the Judge of the Palace Court had decided Mord•
ing to lati,and therefore there was no sufficient reason
for the removal of the cause. The pittting in bail was
therefore the voluntary act of the defeodant, arid the
Court would not dischargethem. They might ask the
consent of the Chamberlain to render Mot,. and• if the
consent was granted, tha redder wodid
•' • •
discharged with costs.
itein.mlito V. TIM VICI-CIANCIILLOR ós Tas...impelirar
11111. Or o•amentoon, -
Thi; case stood over from a former day, Spillmi pur-
pose of producing an OS laeit on behalf of_‘ .fphson,
that he reelly intended to accept, the Prefsbip of
Mineralogy, to which he had been elected, pursuant to
a Krieg of the Unleersity of Consisridgit au& thst this
application fOr i nstuidassara to the Vice-Chmtcellor was
bona flu made at his personal initiates. An affidavit
was now produced, which, in the opiniee lathe majority
of the Court, was deemed safficient to get rid of this ob-
jection islissise. •
The Souctroit.GiNgßAL, Mr. TINDAL. NM SyAUti,
and Mr. Amos then proceeded to argils the objections
taken by the Coonief for the uniieralty. os a forme_r
day, to this mode of proieeding; Jive, that • swittssess
would not lie to admit the prosecutor to the pfrofessorship,
inasmuch as it was not an office to which this pritroge.
tire writ was applicable; and second, that supposing itl
to be such 'ad office. the proper nat,:ttitt of address was by awl
appeal to the King ip Council, ail/leiter of the Unmet..
eirr.-1111e • Le'ansed Counsel answered thus objeedooki
by contending, first, that this,war se elks having all'
the incidents of an appointment foe' life, aids emolument,
and heal beta instituted according 011ie mitten t mrsminss
and usages of the Univetiiity, end ibtrefort. late allfyi
other-public office, was within the risen of a aisindmisise I
and second, that the King esal4 only exercise his foga-,
tions as a visitor. through the mediums( a osmodommel
inning Gator this Court in his ease.
The Code declined, for,thri presort, Riving ear
Mon upon these objections; and 4imltokillli cute to
enlarged a:Mß.:mixt Term, when thugs either
direct a secog4,prgument, or ermtriderwaragollso
upon mote monthdeltberatiom.—Ralo. •
• ••'i -,'Tna awe v. e'sanal: ; -
This woe a Mafiosi information agniosetbsallinotast
for challenging affientienseer nestled Ellwand. and en-
deavouring to- incite bum to fight • dad, hy poefinghins
as a coward optic Royal Exchange. The parties were
both merchants, And the cause of, e dispute wee Folds,
apprehension which Mr. O'Brien had fallen Into rer
petting some resections supposed to hate lambs ,cast' op
his charicter. e- -- by. Mr. Ellwand. cetseernio
-
a mercantile
_

two Or,
saagemet
. p
wont , csi
Mr.
waft - 110' •

tar the.
gibed

-
the g.
formed csepcli ilt.sellete a
The Co ur Jutitca.--. What • iooglietO
Hant
Mr.? . •it
Hu sef:—My Lords. duce Text hos &1"r!,
sir seeing you.l have lost my eyes. and therefori,
,talti oat my speetartesto era my motion. IP Ong pit,
lie his spectacles, and producing a paper, said be bum-
bly moved their Lordships for a this to show t:am why
'Charles Frederick 'Williams, flaq. Barrister at Late,
should not he critninally prosecuted. for usaliaionali
reciting and endeavouring to provoke Henry Hunt
so commit a breaflt of the peace% and thereby forfeit
the recogniiiites Ls was seder p; be of good baba-
vionr. L.
The Crier JosTtet.—Mr. we never enter-
tain an application for a criminail informetion on the
last day of Term. You may iudict the party if you think
proper.
-Mr. Justice Banittobserveri, that this was a settled.
rule ; hot besides this, this was an application made by
a private individual in a criminal matter, and he could
not he heard but by Counsel. This bad been solemaly
decided.
Mr. HUNT said- it was not likely he should employ
Counsel in such a ale as this. There was an old say-
ing, t• set a thief to catch a thief," which be did not
clinic to act npon in this inatance. He did not mean
this offensively or p•rsonally to the liar, but it could
hardly be expected that lie stioul# opted, one Barrieteg,
to .et srainst another.
The Come Jurrica.—You tsisy prefer an in let-
ment if you think proper.; bot we uannot bear yea make
the present motion, and at affeveats not on the lest day
of Term.
Mr. IitINT Uhl be 1111•0111 not 'MI dal
hot ha bad now a esseiplailft to--mor against one of the
°Sks ee of the Couri,nernely, Mr. leutsitiogton, the map-
ter of the Crown (Office, for extartlittg a autmof SCI from
him on the taxation of certain Aer-pstse whin be, was
obliged to pay some time since, upon the discharge of a
rule which he applied for to this tourr, is order to re-
lieve him from the grievance helalioured ander whilst
in Ilchester gaol. On that occasion the question tr
can:. was referred to Mr. Lu*ltington,and in conseqttence
of a itikcaleulation in time accourv, be was overcharged
in a sum of.El which he %as compelled to pay before
he was rele,eted from pri.u‘
The CuisrJurrtcs.—Ttin yob had better apply to
have it, Master's taxation reviewed.

•—•- -
Mr. J attic. R .—=There wall a mistake of a potted
In casting up the count t
Mr. Howe r.plieti in the ■filneatiee, and said he should
not at present trouble the Court wit.' a long allteselt, as they
appeared to be fatigued. but he might possibly renew the
'application nest Te►m.
The Coo at wed be might apply on the Let day of next
Term if he thought proper.
--' • •

. . .
Mr. HUNT then said he Wes desiroes of knowing what
had become of the case of " the King fa. Dr. kitoddirt,“
which was in the cause paper for trial when he went to
prison:
The Cogs? ial4 they could give him no informetlon upon
the subject. He must apply to the Marshal's Once. If it
was struck out of the cause paper, be might more to have it
re-entered. •
Mr. Hurst did not press any of his applications farther,
and concluded by saying—" I am happy to see your Lord-
ships to well after my return Irom Ilchester."
Here the fawns! Wad, and the Cool broke

• ftrapo.--" .ryas devil of eileflove 1. 1 Matt
" do somebody a mlsesirf, V yam seod we owl 1"

• •
• IMUKTOF COMMON PLEAS, N0v.29.
Sitting* is BMOC
' 1 7".4 •T 01POST HORSE DUTY: '
e.taw e. • .1041111111. 1111 Alt?. •'. ', : •.; i
This ;map ogilpn of assampsi t brim gbt brtba plai s-
tiff. a farmer, of the post horse detim fp,r,
Moe(;natty of
Warwick; agrifesttbe defendant an Innkeeper at Kingtoo,
mider'thelallovtivg•eircitestiritti:.—Tbe defendant bad
Meted iow a wintraestritls a parses named Whyatt, to
passlab him wit k two selditimsel horses to assist in draw-
lk a stage COOl up Edgehill,,,ost the rood :rem, Kier.
fa toDiabelly, fur which he was to receive a sum of
ass peiseirpelellreek, and 'not to be mild sparsity for
the distance oa which the hovels were employed. The
boars forsislied were sometimes those used by the de.
feerliet,cs poet borstal and sometimes as cart bersefil
agtoreltapas it witted his convenience. The coach was
4 Mali, smite coach, drawn by four horses, and carried ,
She mall, -Without the assistance of these additional
996_the pack, could not have reached its destination
a the time limited by the proprietors... The question
for Go Curt rms. whether, under these circumstances,
!hi horse' coia4 Pe considered post horses, so at to rem-,
..tri
&Pi the dli,eadeet liable to a duty oa them, under the
provisions eft* different post horse duty Acts? This
qtielkion arose on aloe reserved at the trial. which
took pines at the Assizes for Warwickshire, when titp
plaintiff had a verdict 4 cositio. ,
Mr..Serreiot Lexcler tbe pleietiff, insisted that this
was &letting to bier for travelling, within thessoe444
the 67th Q. 111.4 59.5. I*. aid that the 4 Iff
toosidered, as the objects of the post berm distp,, 1
attached inch a bine& , . . .
ittaterivet,4zwag contended that the borsep weep
not to B,r.oriirieelling within the meaning of dip
sllffervot.eoe, swasasock as they only assisticlttic ether
bereiw forming short distance, on account of the sleep.
tow oftike.llol ogee which the earelago,wasto be tiro°,
The epoch Fos plroay liable tow pamiculer duty aPsili;,
cable to that mode ortrarelling.aoript other duty coati '
be fairly viperadded ‘o,i. : Taw: horses were amt hired
tog*. mil? et;othil. spell ',Weiser. Red the defeedeli'
ryas era pawl
..fpg,thistr per ce as fqt the tessicy of ReiSlt
)rP• qt.". 411046•114. (Pr. a WWI 4iAtence..init,ri.
Alit I,IIII4AiitILSACA per WeAk. • '
a.:l
1111R;JOSIT1A Rol', on this.4aA.slelivied the jo.
itCwurir 41(/0 atitiog
.t„he .ciresmatancea7Flß
, reappreil, pit pie trial. be sai4„,arhsio this cafe
i,r
before
the t, it was airport( thatthe defendants.
liahlo to ,the duty under agree ooe or wther.o( Om
Post-belle . , ty:A cm* or the 46Gop. 111. which rapt
14
tiered 11orit
.. t Ohs fog travellisol without saying
a Poet. I' to deity We 49 oottonnd our judging/1
upon tIiMM, srt,,wbicb have been mentioned, ,es. pm
think Ilse". oisit.egpli. 10,tbe prevent:case, post4rivgla
liog bf Ns ' lys4gat ,i, a coach or, chaise with pixie
horses. !!" e 44th Geo lU.. thi dietinciloll. ill Mitezt
as to sipg ~.libfek psi risH etecordisg.lo the
pont* Oteatsgves therm. Sy. tile pears
*
argosies' ' traiesl,.that olio the coach ptikl4. I
be drawO , v..)right, or ere bersti,;mithowit 40174*
tional 'bent., f tbe went the whole journey, oft its
beloogefflii AV proprietor, of .Op epagh 4. yet,,fhlik
they ale fellolisre by a parse& who has oo inwes;
the coach he mint pay the-sister. - got this is seeking;
a circle, fog if Macaws'', of these borate lets patreshinty
La respect 4 their k-' ' ' lit theme.
•
__ ___

edive
?boy
rhiele
poste
limble
Lily

tlie *Minas , ,err en. - cense-
eallonee k ,Lek Xnegligenewin .._ Isia gig,
tai?
the effeetlpf !Minh 'add carry with her. to the
Brave.. The plai 9 s linelmadt-wai fanned,' as einem-
ye silk aserterip 'ntabouraeourta hot subtitle preen
s is hesinsiti, he discontinued dealing on his own
toque" and for some time employed himself in selling
OW on vsemiseion for eibetres that business getting
10.4,hehecame still farther radioed, sad it became pc-
emery for th4.plaintiff to assist in their mutual minima
by her own penmen! exertions. On the evening of the
Ifftls of August, the plaintiff sad her husband weal set
to take k walk together ip the Regent's Park,• sad as
they were crossing the road in treat of thePark-fratertlis
defendant in his gig drove furiously over them both, by
which they were both so grievettaly island, that the i
plaintiff's husbend, who woe iminuately taken to the
Middlesex Hempital, died- within the Loci; and the.
plaintiff herself, although sins assayed with life, had sof
.fered long foil painfully befors eite,tould even leave her
bed, and was likely to suffeetlivemeindes of her life,
having lost the use of her tight, }rip. A coroner's in- 1
quest westeld oo the plaintiff's husband, and they I
.brought in a verdict of mansliagliter Against the defend-
ant, on which charge he bas since been tried at the Old
Bailey and acquitted ; but the verdict on that trial could
have no effect on the present action, which was brought 1
for the injury sustained by his negligence. One could i
tot, i diked, but wonder that Mr. Needham, who is an ,
opulent breweiandhopuerchant in the Borough, keep.'
ing a country house at Notting Hill, near Kensington, I
should not have taken some steps to render such an ac-
tion Aug.,! unnecessary; he haA, i tutted, on the 18th of !
six days after the actichut hisppesed, meet a preen' with
a deck foe lekkuleeas. which was laid on the plaintiff's
bed as a compensation for her injuries; which chick 1
stillictinalned in. thnpossession of her attorney. Ile
was sorry Mr. Needham tied not, from his own feelings,
come forward to make the poor and deeply-injured
pitiotiff that reasonablecompenution which the feelings
of the jury would now do for him ; they could not take
into their consideration the loss of her husband • but
they wonld consider the pain she had suffered, and was
likely still to suffer, the expense she was at, and the great
and lasting effect of the Injury which rendered her un-
able to procure her (store support.
Mr. ADOLPHUS, who was counsel for the defendant,
maid hi. client wasbv no means the rich man he was re-
, Presented, and he bad a family of ten children ; still he
was always ready to do, from his own motion, what was
sought by the present action ; but it was impossible be
could have done it while he was threatened with a pro.
sundae, when it might have been considered an admis-
sion el muilt.
The CUIEI Bestow proposed to Mr. Adolphun, that if
his client were dinpused to render the action unneces-
sary by making the plaintiff& reasonable compensation,
that he (Mr. Adolplites) should then name a gentleman
of the her to whom it should be referred, to determine
what the amount of the compensation should be.
Mr. ADOLPILUS said his client hail already offered to
pay all the expenses occasioned by the lamentable *ca-
dent ; and would, from Lis own feelings, have mole the
plaintiff any further compensation that he could think
consistent with a dee regard for his own family ; but
he did not think that he (the defendant) would choose ,
to be hound in the manner ssggested.
The Calls Bastom.—Then let the cause go on.
A great number of witnesses who saw the fatal trams;
Action, stated that the defendant drove bin gig in a eery
ferio.us manner, and that he appeared to be intoxicated
As the evidence has already been given in the accounta

EiiCiiiritcter. sill h'onotir lir Mr. Ellwood. troacerolts ' `.."'rt '""""''r-- • • - --- -
a mercantile trialigetiali in whiels they were .: PI "'PO At•lbeir-birielf• be eenlet kit ;ham, eil VII
tuned at St. Demhvgo. ' The ado is* Meat .1' terfeethlbe "sob ,proprietor. cable ma abilitfore
two or three Terms. Aol espeeemka ales biliaMb bp* a a Ire** &wok% en ilik weeemeer
rnegement, and . ..• ~ Lt.z.,a, i..i. -....4a, - .Au 64, ePaege;loll OlOceeelf folt eiviibe public
Al k .Cmiyry, Jos& . ..* ' - are anlyikovolialy of opleip,n,,that the hereto med's
• i
voottritralleriate ~ aster. it ebm '. fteii bee' eat*? and aa 1190-beaseaveee 4. Psi
Mr. iitT "as asiple sperm/ ten. r. 111: 11011,*:-T,I*S.14attertOttisailt *AY (if ika Sletafago 'bed
wan hit liiiipine.l. , 'init Lad ientlifflt'es'"`ti feaßex-Iterpzioi.tiv aiewikeble to the 4,1 y. Lall fag%
ti of the proceetli egg ere
dikalielittilia .01' iiii Wee*. • • *re think tis, *Swiss; se, sot liatli
prirkelekeitt • -_ _
_,. .•'; . the Pio.ool,oelmad. abd i eeeleteeetij
1 ' ' secordiogif retatetine4llllhoir•ats. &,. .. -- • • ••• ala.fow OP', I'7'. ''‘'''
cirtioari '.1 A,II i ......., „clititoi
sowojeor ...,„, fa ItAlapAlt
1111
all est skakteeasi
' - 'll4.- *id's '' • t- 1*". .. ''tt4l6lll44l.2&liegol„. sgssratam. .: .. ~;4
•
a‘..... '''' • A.;,.. • ...ft • Mr• *hire., lailtall aka aaak ' Aldo. phi mia; he kid
t • • ....' '1114T.:00 lid: em.,... iii...e...s 14.4.11i1dt wee g, iddes.whe breeett timbales to; rocatioe scent
'tie `-'" '' f ache ails, , . for thee diotto injery else sustained, is sew
formed the . eget tbseho a . tit,.. 3 •
--
" .. ' ' ". "'. 2 - - ---• —.0..a2 ‘lll.. 4114001) All alasdaitAregligeterie driving 11;4
_ ~ , _s-_ -___Li ..... eith her to elm