The Statesman.
London, England, 1821-08-24 00:00:00

St:Mlf BR ASSIZES.
DURHAM, Auserr 20.
Fu RICWS DRItING.---Jamef Auld, the driver of the

• ail roach between Darlington and Durham, wag
%aged on an inquisition taken before the Coroner,
%/Attu feloniously killing and shying Samuel Whitta-
her. in the parish of Branepeth.
Mr. llowr and Mr. Jones conducted the prosecu•

0;6, and Mr. WILLIAMS the defence.
Mr. Thomas Chater, a solicitor of Newcastle-upon-
Tyne, was travelling on the outside olittbe mail coach
on the 16th- of June last, from Durban: to Darlington.
Ile was on the box, and the two deceased gentlemen
were on the roof. The accident happened about three
o'clock, when at the distance of three hundred yards
from Sunderland-bridge; we were going at a full trot.
cite coachman observed a gentleman's servant on
horsebock ; he was on a level with the leaders on the
cff eide, and we continued at the same pace till we
vet nearer the bridge. After the prisoner observed
the horseman, he applied his whip to his horses, and
'psi before we reached Sunderland-bridge he bad has-
tened them into a gallop. From the road on to the
tkidgt it is a very sharp angle, and the man quicken-
ed his horse to extricate himself from the leaders ;
he first turned 'Wangle, and got himself free from the
leaden just after we had made it. We had only got
a few yards on the bridge when the coach turned over
upon the bridge, the witness was thrown before the
wheels. The coach was then upon its right side,
having streek the battlements before it fell gat. He
got up and looked over the bridge and saw two men,
who both appeared to bodged at the time. Whittaker
revived a little and came round, but died in a short
time afterwards. At that time there was nothing to
alarm the horses, but the object of the prisoner ap-
peared to be to pass the man on horseback. The
horses continued at a full gallop, till they were stopt
by the overturning of the coach. The witness con-
ceived himself in danger, as the coach seemed to have
. lost its balance, and threw him before the wheels. It
was neither prudent nor safe to turn the angle at that
speed.
Cross-examined by Mr. Wttadsms.—The man un
horseback was near the leaders on the near side. The
coachman was sober at the time, and no conversation
bad taken place between him and the servant. Just
at the entrance of the bridge there is a smartish rise,
and it was a short distance before he came to that spot
that he began to whip the horres. It is common in
turning a corner to lay the whip on the ofrliorse, to
make the turning easier. He did not know whether
the horses were turned with a double thong. The
whipping commenced about 100 yards before we got
to the angle. The horseman was never entangled with
ti,e leaders, but we gained upon him fast.
John Anderson keeps a public-house on the north
side of Sunderland-bridge; he was in his garden on
the 16th June, about three o'clock, and saw the mail
coining up at about 20 sr 30 yards distant, it was then
in a full gallop. There was a horseman opposite the
leaders, and the prisoner was using his whip more than
common, and shaking his reins to put his horses for-
ward; he was about 60 yards from the bridge when he
first saw them. When they took the turn the groom
was opposite the leading horses. The coach turned
at a gallop, and faster than he had ever seen it before ;
he saw the prisoner whip the horses, and heard the
whip crack just before he got on the bridge; be ap-
prehended some danger would follow by the two com-
ing into contact, but be thought the groom appeared
likely to suffer, and his attention was fixed on him at
the moment the mail upset. He saw the coach go over
acd also two gentlemen lying on the frame of the
bri.lge (similar to the starlings of London-bridge.) He
ran to the spot, and found Thomas Donaldson appa-
rently quite dead. Mr. Whittaker was lying on his side,
and desired witness to leave him and assist the other
man. Mr. Whittaker inquired if he was dead, the wit
nr.ss said he was. Mr. Whittaker said he was a dying
man too, and he bad a wife and seven children at
ll:ngley, in Yorkshire. The witness conveyed him to
his (witness's) house, but he died about nine o'clock
the same day.
Croys-examined.—He did not apprehend ;that the
injury would fall upon the coach, until it was actually
upset.
Mr. Thomas Selkeld, surgeon, was called to attend
Mi. Whittaker at the last witnest's house; be found
Lim with his under-jaw broken, and be had received
sire internal iikinry which had stopt the circulation of
ti.e hlosnl. The fall was about 22 feet, and lie haul no
&min but that it occasioned his death. Mr. Whittaker
requested the witness to write to his wife, and gave him
the address.
Henry Kipling has known the prisoner three years.
ani hail never known ant complaint made against
him. The bar broke at about a mile and a half from
Durham. Ile supplied its place with a long spare bar
he had with bins, It is very dangerous at a turn ; it
will not give way ; it requires great caution w turn
with a long bar.
The prisoner, in his defence, said, that it was the fault
of the horseman; that he took the regular turn, and if
the horseman had not been there the accident would not
have happened.
John Pattison. the proprietor of the Telegraph. had
k: own the prisoner nine years; he was in the witness's
employ three years. and in that time never saw hint in
liquor or addicted to swearing.
Thomas Hall keeps the inn at Rush:J.lrd ; employed
the prisoner four years; he had driven the Wellington
to Newcastle for two years, anti the mail about the same
tins •, lie was a very steady sober man.
Mr. Justice HOLROTD, in summing up the evidence,
said he thought that there could not be a malicious um-
live in what had occurred, as be was himself equally in
danger with the unfortunate persons who bad lost their
lines on that melancholy occasion.
The Jury found bins °slaty. but recommended him to
the merciful consideration of his Lordship.
His Lordship, in passing. sentence, admonished him in
strong terms on the great impropriety of his conduct.
and said that it could be hardly taken in extenuation
of the offence that be himself had been also in danger
of being deprived of his life; but in consequence of
the very good character he had borne, the Court was
only disposed to indict on him nine months' imprison-
mi nt.
He was charged on another indictment against him
for the murder of Thomas Donaldson, bet as the cir-
autustances were precisely the same, he was nut arraign •
upon it.
DEVON ASSIZES.
ASSIZES.
RADLET V. CARTS,.
The plaintiff was the executor of Mr. Richard
Radley, who resided at North Molten, in this county,
and who died in the year lr#lo, at the age of el.--