The Statesman.
London, England, 1812-07-03 00:00:00

LAW INTELLIGENCE.

vi as afforded me, although the charges I exhibited to
y oar- Lordship, in my defence, against the Commis-1
blotters and Assignees, were of thut serious character I
that, if true, the conduct of the Gum misshineri and As-
signees would hare been prored such as'disqual;fied
than
.from actin.; fur/her in those capacities; and
therefore, that a person bringing forward such serious
charges against ItiO'y responalc parties, was sub-
ject to, and deserving the seirerest punishment of the
law, if those charges could not be substiiitiated.
But, my L-tra, neither were the Assignees required
to support their allegations in their petition on oath
(as they made no affidavit), nor dial-my affidavit; in
contradiction of some of those assertions, avail me;
nor was I required to state upon oath the other alle-
gations 1 brought before your Lerthhi p ; but. an or-
- der was immediately obtained, in favour of the Pe-
titioners, and a veil thereby (for a time, at least)
thrown over the conduit of the parties.
It seemi from this, that the simple assertion of a
person in the character of an Assignee, is entitled to
more credit than the oath Of a pet son in the character
of a Ilankrupt ! 1 cannot believe, my Lord, that
the equitable and protecting spirit of our laws, jus-
tifies such a distinction between parties at-issue upon
any question, but upon positive and' unequivocal
proof of some act to disqualify the perion, thus ex.
eluded from all social and civil privileges and pro.
tection of the law ; but that, in alldonbts upcu that

COURT or KING'S BENCH. JVLT 1.
CIIAMBERLAYSE V. GAVTON.
' This was nn action brought to recover compensa-
tion in damages for an injury sustained by the Pliklu.
tiff, by reason of the negligence of the Defendant.
The Plaintiff Was -a respectable Master Builder,
residing at Edmonton, and the Dcfeudant th 6 Pro-
prietor and Driver of one of the Edmonton stage'
coaches. It.apPeared en the pert' oi the Plaintiff,
that on the 28th of April Itst he mounted the De-
fendant's. coach, as nn outside passenger, in Skin.
: nee-street; to go to Edmonton. They had proreed-4
ed aS far as the Angel Inn at that place, when the
Defendant got off' the boy to let a lady, who was an
inside passenger, out, leaving the horses without
any person to take rare of them. The horses took ,
fright, eallopped of, and the Plai;:tiff, who ,sas till
• then sitting upon the roof, got upon the coach-box,
and leaned forward to recover the reins, which he at
lost succeeded in doing, and in some degree checked
the speed of the horses, but at the same instant was
thrown under their fee; and, as it appeared upon
the evidence of a Surgeon, received a very severe la- ,
cerated cut over the right eye, three inches long and
very deep. In consequence of which the .Surgeon
attended him for three weeks for one seek of which
, period he was totally tumble to go about his ordi-
nary business.
; The defence was, that the Defendant had. not left
his horses unnecessarily or for a longer time than
the occasion required, he having merely alighted to
let the lady out, and assist in taking oat her parcels.
lewd Eit.ENsottovun, however, held, that per.
sons engaging td carry others by stage coaches, were,
bound to take every necessary precaution to insure
the safety of their passengers, and• take care that
II they went away uninjured through any negligetice of
1 theirs. If it was impossible for a driver to carry OD
this trade without quitting the box, it was his duty to
have some person with him, to whom, during his
temporary absence, he could entrust the care of his
I horses. The present cause of action arose from the
want of that precaution, and the Plaintiff was en-
tiled to such damages as the Jury should think a fair
and proper compensation for the injury he had
.sus-
taitied.
The Jury immediately found a verdict for the
Plaintiff—Damages, 201. and 40s. Costs.
•

fad, the party excluded has a right, by the law of
the hind, to claim a trial of his case by a Jury, of
12 duly and legally qualified men, to decide upon it.
Since I itldressed your Lordship in reply to the
petition cf the Assignees, being.destitute of all other
memos or hope of my case being further noticed, I
took the unusual and irregular step (though I had
been previously informed it was not an anprecedent-
..
ed one) of addressing to your Lordship a statement
of some recent and particular occurrences, and men-
tioned, that the action of ejectment, brought against
me by the Assignees, was withdrawn, and that they
had forcibly entered and possessed themselves of the
premises :—I intended to have put this representa-
tion into your Lordship's band in Court at West- COURT OF CONIMON PLEAS, JULY 2.
minter, but I was advised, by a Gentleman belong- TETHER V. WITHERS. •
This was an action brought against the Defendant,
ing to the Court, to send it to your Lordship's home ;
a Sheriff's Officer on an undertaking, entered into
and it was accordingly delivered there to one of your
with the Plaintiff, respecting a bill ofexchange for
Lordship's servants on the same day. 741. accepted by a person named Townsend. By some
My feelings may be the more acute, my Lord mistake the bill had been lost, and the Defendant
(though that does not alter the facts of the case), agreed to pay it, if it were not recovered from of her
The objec was to►
the .
from having been brought up, not meanly or quite Parties'
less from any costst attachedbear to the bill,Plai andntiff toharm pay
i:norantly, under early impressions of a religious the amount. There were other items in this demand,
and moral sense of my duty to Goo and elan ; my viz. for wine sold and delivered, dinners, and a debt
own wri.; ars and conduct through life, wit`, the tes- due from a Mr. Fry, which the Defendant promised
I
simony of many very respectable characters, from a to pay, making in the whole the sum of 12$1. The
period of above forty years past, are the best ell. transaction respecting the undertaking took place
about July, 1808, and the action was hrougla re-
deuces how far I bare acted up to those duties. Arid,ceTals. The transaction implied that the bill had been
I am sten my duty to my country can be equally .
, t left .with the Defendant, or else there was no proof
fully proved to have engaged much of my mind, by of a debt, or reason why the Defendant should give
the attachment and respect I have always, not mere- the under•aking. Two letters wore produced, which
13 passioely, shewn and expressed for all the au, bad passed behseett the parties. The Defendant in
, one of thorn called on the Plaintiff to pay half to.
thorities and establishments of the Governmeit
• • wards a bill of 1141. coming due, and the Plaintiff,
Church and State. it. his answer, dated the 7th of August, 1810, said,
My sense of this latter duty forbids me to cloak he e oni.l send 401. and the r:;ntainder in the emir,e
the extravdiaary and unjustifiable proceeding's, of the next week. The latter transaction was two
which have taken place in this Bankruptcy ; he. • year, after the Defendant had promised, by his un-
:
cause I know that not only its me case a number of d'" taking' to pay the Plaintiff 711. notwi hstanding
which, in his letter he said nothing' about that sum.
innocent persons (Creditors) arc dprived of their The question for the -Jury, under these circum.
property by unjust and ilkgal proceedings ; but : saances was, whether, from the. whole. of the evi.
that most serious and ruinous consequences, to many ; deuce, and the length of time which had l 1 C
hand-red families annually (of Creditors and Batik.. the Jury could presume that this claim made by the
rupts), happen in other cases of Bankruptcy from Plaintiff had not been discharged. ;lite .detnand for
wine and dinners was proved by the Defeudant in his
corrupt and partial proceedings ; where ignorance of

the Pew, poverty, and a terror in the party accused
ere taken advantage of, to distress the already dis-
tressed Bankrupts, to the actual disgrace of the
country►, and to the injury of its important in-
terests s for, to my certain knowledge, the minds
of a great portion of the trading pert of the country
are ali'nated or shaken in their attachment and re-
aped for the law and its minkters, from the fraudu-
lent transactions which are very frequently carried
on and countenanced in Bankruptcies.
I will hasten to conclude. My object in this pub-
lic Ad.lress (occasioned by the want of money neces.
sary to the regulir proceeding, and tie hopelessness
of :;.-ining your Lordship's attention, to any effect,
by any other mode), is to attract your Lordship's
notice, or that of some learned Member of tbe,Law,
or other worthy character, so that I may Ondout
and ob!:tin the means of procedure, to have my case
fully tit. d finally argued and adjusted, according to the
true interest and right of all concerned.
kw's; my Lord, with all humility and respect,

letter.
The Jury found a verdict for the Plaintiff—Da-
mages 511.

An instance of extraordinary good fortune occur-
; red on Thursday last to a respectable farmer of Al-
. derchurch, near Boston. On the previous Tuesday,
he rode in company with several gentlemen composing
a Jury of Sewers, employed in making a survey of
the level, when a heavy shower of ruin obliged the
i party to take shelter in a waggon-hovel, attached to
i the house of Mr. John Bland, in Leak low grounds,
: where they remained weather-bound foi nearly an
hour and a half. Just previonslyto their re-mount-
ing their horses, Mr. discovered that lie had
lost his pocket-book, containing, amongst other pa-
pers, two ten-guinea bank-bills. lie did not imme-
diately make known his loss, thinking it possible
that lie might be mistaken, -and that he had left the
pocket-book at home. Ile found afterwards, how.
ever, that he had indeed lost it ; and. he accordingly
had some . hand-bills printed on Thursday, offering
a reward to the person mho might hare found and
would restore it. On the same day the Commis-
! sinners of Sewers renewed their public duty of taking
d aifil as they were to begin where they had
i left otf on Tuesday, Mr..--- had the curiosity
to revisit the hovel in which he and others had taken.'
shelter on Tuesday, and there, to his very agreeable
surprise, he found his pocket-book, which had re-
stained, untouched, in the spat on which he had sat
Idoin, and where, doubtless, it had dropped from '
b pocket whilst he sat.
FAIRLOP FAIR. --This morning, according
to annual custom, the Block and Pump-Makers in
'the vicinity of Wapping, proeeeded from Wap-
ping Old stairs; in two boats, on coach carriages,
With awnitig streamers, and bands of, music,
and drawn by horses, to Fairlop Fair, in Hain-
anle Forest, DOW, to make procession round
the great oak, said to be upwards of 1000 years old,
whose' branches' shade cover two acres of land.—
This flit is 'held in. commemoration of Mr. Daniel.
-Day, a block-maker in Wapping, who used allow,
ally, With assetect.party sit friends, to visit the oak,
and dine nfider its spreading brandies. Aince his
death, *Mott %Opened in In; in the 11-Ith'year of.
his age, the fair ii kept altseaUyV dun* Without
charter.

Your I.llrdship's
Devoted and very obedient Servant,
Yeat 27,1512. A4.lNJertt LI) MAN.

The Duke of GOKDOV, it is said, is on the eve- of
another katritnonial uniwz: Being reminded, by a
'female relative of his late Duchess; that such au event
night be deemed rather hasty, his Grace replied,
•6 Probably so, Madam ; but I appeal to you, as a
Won:an, whether, in your opinion, I have much
Time to lose ?"
There was an error in our statement of Tuesday,
vespecting Mrs. Stisboas quitting Dairy-lane, at the
close of her first season; the fact being, that she ter..
solvated 4 three-year!' engagement before she retired
to Bath.
As Edward lamas, a chimney-men*, in cbargb'
for felony, was proceeding to Norwieb Gaol, he
siudolonly sprung upon the back oft horie Wraziug by
she side of the road, which inatintlymet off with him
at full speed, to the great surprise of the constable
' And his assiStant.

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T 1 IE S'FATES'AINN.