The Statesman.
London, England, 1823-07-23 00:00:00

ASSIZE INTELLIGENCE.

ACUIT,--firakroan, Jim? IL
DARN= V. TATUM.
This was an action for not delivering a trunk.
The plaintiff's cam was, that she lived with her mo-
ther, cad in consequence of some difference with her
step-father, quitted the house in may boo and regirod
tb Mr. Jenes's,a friend's imam, at a place called perm
gate. While there, intending to go to Newcastle to Alk-1
Wu a situation, she packed up her wearing-Apparel slal
other articles in a truck, and requested it might betaken'
to the defendant, who is a butcher, and munairmalir
acts in the character of a common-carrier, by taking

OXFORD

boxes to Neivetstk. After she had packed it Op, it wai
directed to the plaindf at Miss Lodge's, at Newcastle.•
The defy ;dent said he knew her perfectly well, and
would take it. It unfortunately happened that is the
can in which the defendant pet this trunk, Mrs. Bras-
sington, the mother of the plaintiff, seek her passage,
and thus became acquainted with the fact. that this mask,
which had her daughter's name on it, was about to go
to Newcastle in this cart, sod en that she possessed her-
self of it. the defendant's servant who was driving, per-
mitting. her to take it away. The plaintiff brought this
action for the breach of duty. .
Mr. Jeans, for the plaintiff, said he knew not what
defence waste be set up, but he was told it would most
probably be that the articles belonged to the mother.—
The fact was not so, though some perhaps, had been
given by the mother to the daughter; yet, having *nee
been given, they became the property of the daughter,
and, independent of that, there were many that she per.
chased with her owe property, for she was span lady
who bad gained considerable earnings by her industry.
These facts were proved.
Mr. Pamisow, for the defendant, said te would state the
true ease. Mr. Woodeoek, the sedated clerk of an attor-
ney, happened to lodge at Mr. Brassington's, this yawn
peso paid meadow! to Mies Barker, who was ender age,
in a manner which gave umbrage to the parents, and they
intimated e wish he should change his premises. He left,
but still, however, kept ■p an intimacy with Miss Barker,
and freqeently saw her without the knowledga ef her pa-
rents. One morning la June last, her mother missed her,
she looked for her clothes and found every thing gone.—
Struck by her daughter's absence, and fearing the cause.
she went to Newcastle ; on her way, overtaking the cart of
the defendant, she asked his t, sad he permitted bee
to ride. Here she saw a box directed to Miss Barter, by
her daughter, and without having the least care 'boat the
articles. she wished, by detaining the box, to compel her
daughter's return. Very frequently, said lir. Pearson,
when a young lady has eloped, she has gone without any
clothes, and the lover has been satisfied with gaining her
person, but no man forgot his °rightsl calling, sod Mr.
Woodcock, the articled clerk of an attorney, le all his
golden visions of love, still totted a leisure moment to
dream of suits. Skilful she must prove ander his In-
structions ; he hid before taught her the art of love, new
he instructed her in the science of law. This action was
really and truly brought against the mother of Mu Barker.
Insinuations had been thrown out that she led from ill-
treatment, but the mother would tell the tree story, and if
she proved the light of her daughter, sod that she went to
meet a person her parents considered objectionable, the
principle of law which gave a right to detain her daughter,
also gave her a right to stop the goods. Supposing a per-
son had broke into the horse and stole the trunk and aril.
des, it would have been a good count, if laid as the pro-
perty of the mother. A verdict for the plaintiff would be
inculcating a lesson to every daughter to elope from her
parents, and if her clothes were stopped, an action might
he brought at lair, and • beaatiful display made of filial
p ety and filial gratitude.
Mr. PZARSON then called the mother, who sonfirssed

Lis statement, and denied all ill-treatment towards bet
daughter, either by her or her husband.
Mr. TAUNTON, In reply, said they had nothing to do
witty any thing about Mr. Woodcock; the simple goes-
volt was between Miss Barker and the defendant for a
breach of duty. If sbe did run away to throw herself
into the arms of her lover, how happened it slie bad
kept single from that time to the present. If Mrs. Bras.
s' egton had stopped the clothes before her daughter left
the house, it would have been difficult to have mein-
tsined this action; but having quitted it, and ander the
circumstances in which they came into the defendant's
possession, it did not Hoots him to dispute her property.
Here Mr. Justice PARK interposed.—He said he felt so
ansious to preserve the relation which should ever au!).
list between parent and child, that be had endeavoured
some time to induce the ;wiles to come to an under-
standing. He was sorry to have family matters brought
Into a Court of Justice, and thought the plaintiff bad
ben ill-advised. If he had been the parent, be should
Lave acted in the same manner. They bad now agreed
to withdraw a Juror. He should have summed up pell-
mell tor the defendant, as the direction given to him was
N take care of the trunk, if nobody came for it ; and the
tber did come.

STAFFORD, MONDAY, JCL! 21.
entnnvet. CONIT.--Before Mr. Baron FlutLocK.

Joseph Garrett, a farmer and butcher at Westbrom-
with, in respectable circumstances of life, was indicted
for manslaughter, in killing Isaac Whitehouse, by forc-
ing him into the canal.
it appeared from the evidence of the two principal
witnesses for the prosecution, named Lawrence and Hor-
ton, that on the 13th of March last, the deceased, who
was an old man of seventy, climbed over a rail into afield
of the prisoner, to cut off an angle, and so to shorten his
journey. The prisoner saw him, pursued him, and over.
took Won as he had just reached the rail at the opposite
aid,. of the enclosure. There he shook 'him violently,
and in the struggle forced him over the rail upon a tow-
inz path of six or eight feet wide, which lay between the
forte and the canal. He then shook him again on the
t. wing path, and at length forced film into the water.-
19 he was there, Garrett caged to Horton to come and
take the old man our, but Horton refused, saying, " He
tad business of his own to attend, and as Garrett had put
him in, he mast Ining hilt' out himself." Lawrence came
in a boat to his aasistance, an 1 in three or four flatmates
Ire was taken on the -.bore, but be was then dead. When
found., he still grasped a bundle of provisions which he
I.el is his hand.
The prisoner, being called on for his defence, stated
tbat he should have gone into the water to the assistance
of the deceased, had he not been unable to so; im.
Mr. WINTER, the prisoner's course!, called a girl o
13 years of age, named Prudence Cartwright, who wa
present at the done, and who swore that Garrett never
crossed the pit till Whitehouse was in the water, and
that the deciased fell in sidevfraye, after staggering from
the grasp of the prisoner, so that his death was really
accidental.
On her cross-examination by Mr. RICHARDS, the wit-
Teas, dented that she had ever said to Lawrence, or tb
persons named Baker, Sedgeley, and Squires, " Garrett
has posher! old Tohy into the starer ;" or " 'the old man
got over the rail ; Garrett caught him and shook him ;
he got over the rail after him, and shook him again, and
pushed him into the water. The old wan called out,—
" Have mercy, Mr. Garrett, and take me out ;" and Gar
nett said, ',Now you will, remember trespassing."
To confirm the testimony of this witness, Chas. Bebb
was called, who agreed with her in asserting that Garrett
did not push the deceased into the water, but differed in-
asmuch as he stated that Garrett did pass the rail, and
that there wa'sa struggle on the footpath,
To discredit Prudence Cartwright, Lawrence, Sedge-
ley, Raker, and Squires, we,. called, and swore that
ale used the expressions which she bad denied on her

fworeapeetalie neighboars of the prisoner were call•
ed, s ho save biro an excellest character.