The Statesman.
London, England, 1820-03-16 00:00:00

THE STATESMAN.

smart damages. inasmuch as the slander was calculated
f to do irreparable injury to the plaintiff's good name, as
YORK. ; well as to his pecuniary circumstances.
Mseen I3.—flefore the prisoners were arraigtsed, an I Mr. liintwav stilatititteal an objection to the form of the
application was made to Mr. Justice Psue, on behalf of ; declaration, which the Learned .'edge said he nould re-
the men in enstmay, for a riot at Dewsbury. It was serve, if the Jury gave theplaltoilf a verdict.
stated, that the prosecutors, at the request of the pri-; Mr. 6 • .• then addressed the Jury neon the merits
goners, tare content, if the latter would put in a plea of , of the case, mid contended, that stippoinaz the words to
6nilty. that judgment should be respited during plea- , have heen !taken. there was no pretenrr tor saying that
sure, and that they should be discharged on their own • the plaintiff had sustained tun injure from the report.
reengni Z4ll res. to appear when called upon. i The smallest damages would be suflijient to satisfy the
lime Lordship said, a regard to the public interest jnstiee of the ease.
would prevent hint from rousenting tat the proposal, till The Airy, under the Learned Judge's directions, rotted
lie hod taken the opinion of his Learned Brother, Bayley. their verdict for the plaiatiff.-1 biontges
lie telestioued %twitter it was trite in the prosecuting to I twat: r. srvoLit.
agree to such an arrangement ;at all events, tile case This was an action by the saute plaintiff against an-
would at present stand over. other of his neighbours, a tailor, for circulating the
311:1Intn. saute slander, but the words nut bring proved, the plain-
Ridmr,l Corrnhik, gamekeeper to It. 0. Ututeoigne, tiff was nonsuited.
Esq., nas inalictetl for the %%din' murder of Thomas IPOLLINGTON r. 11,1O:11.
ilawkin+. on ,Its of Novettili:r last, near Aberforil. This was an ardor upon time a toe against the defend-
Mr. Usu. and Mr. tirsente conducted the prose- ant, wise is proprietor of the l'lnoltatu and 31aialstone
cation. t stage-coach, for the negligent a:ol careless driving of

LENT ASSIZES.

It appeared from the evidence, that the deceased, the
prison* r and other persons, hail been at Aherford Fair,
and were returning. very late at nicht towards Sher-
barn : a quarrel hats previonsiv taken place between the
;trimmer* and a wan natatt 41 Irriggleswortit. in which
pes.onal tioirnee had been used Ity both parties. On
their return house, the quarrel was renewed ; but was
remitted to threats and abusive language ; and the jai-
stmtev bell a pistol in his band, fur the purpose, as he
declared. of protertinc frost' the violence ut
Wrugzlesnorth. .utter the altercation haul existed for
some !inn., and when the party had mit Allred about a
mite an the road ntwartls Sherintin, Hawkins, the tie-
crated. useil fi'illr inta!tinz language to the prisoner.
who chancing the pistol from the right to the left hand,
ta!tiutz the stock in his ri.-ht band, Ile wham., ul
Hankins anti demanded his name ; he then, according.
to the t' itnesses nit the part of the prosevt:tion, nick
hint twine with the steel, anti presentea the pistol to his
bresst, and fired it (qr.

•
I his servant, whereby the pContill, an outside passenger,
was thrown off and seriously injtir-d.
The plaintiff's rase watt conducted by Mr. tirnxtv
and Mr. EartscAsst ; and the defendant's by 31r..looL-
etivs.
The case was this to the 6th of August last, a trial
at the Assires !intim, excised considerable interest in
the neighbotultoml of Sheerness, a er:•at munher of per-
sons came mer Irons thence to Maidstone, and, in con-
%epicure, the defendant launched exrra road), ex-
pressly for the purpose of taking to and bringing frotu
! 31aidsteue, so many passengers as would par the ex-
pense. In the es suing after the trial alluded to was
, us cr, the plaintiff and his !Lon took piaci s on the out-
side of the coach in question. which was driven hr a
than not a regniar coachman, but by trade a shoe-
nsaker; ie drove thr roarb su Inrimisly as to call for
' the remonstratires r.f the pas:yr:ger-, het hr jeered them
for their terror, and made some impertinent remarks.
I, .1s soon as the roach reached Ilet !tester, some of the

11 :thews were then examined to show, that while at
.IhertOril, the prisoner hail been gross's. ill-treated by
nho rcureedly tleclart4l, both *Nen
and after they haul left that 1.141 T, that he oonl.l kill
l'inesdale I,,i.are• he g.•t hotar: that Hats MIAS Isimi Car-
r:l' I. it he for the jottrose: and that the rigour' had
found it ite:•eggarc to r irry a pistol in his laud tier
pro-
tertian. sereral persons from Svxtun, who went 11101111(
%% it Is the prisoper front .therforol, were so alartoeti. that
thee oileretl to ire patty kiln home: and, on his re-
cto:l'll:J.,. so ;ITT, ;,o!otive were they of the rongequences,
that. on partial will, the prisoner, instead of purgnitor
a nearer toad home, they took a foot-path in the direc-
tion ,‘f his he.:,„ to he at hatol if au) violence should
lie odered hien. 111 haul nut proceeded far after leavin;
hig Saxton frientlx, before he wan struck by ng • per-
son', and. in Idling., it wag alleged, the pistol acci-
dentalle went off and killed Hawking.
It. I )liver. Fay., and It. tiasedigne, Esq. (two of the
Grand Jury), the Rev. 3lr. Landon. and 11r. 11. Wood,
Solieitor, all of %gloom had known the prisoner a prat
number of yearn, gavel a high character fur sohliety,
tenderness, and loninanity

person- am the outside got down. hying in apprehension
for their lives. The shakipqr of the coach in its p %%aim
over the paves:tent of Rochester. knocked ont the linch-
pin of our of the fore wheels, the Artiage was upset,
and the 'passengers were dashed tot the rit einem. The
plaiistilr vas severely rut a little ;shove the joint of his
knee, and in consequence of the inflammation whirl' en.
riled, his life was in danger fur %rueweeks—he slid not
brine his romii for six weeks, and now the joint of his
knee is so stiff as it in renter him lame for life. It was
stated, that 34 Mk)11 :1% the coach got into Rochester, ;he
driver naulereed his pare.
'ln..lnou•u.:s inhirefsed the Jury with considerable
ability, and cottitended. that the allegation in the decla-
ration was not made ant. for it appeared liv the evidence,
that the coachni.m s; as not sinking carelessly and neg-
ligently at the time the accident happened: and that the
defendant was not liable for the injury. unless the care-
lessness and negligence, was the proximate ranee of the
misfortune, which the defendant as .reply deplored us
any MAIL
The Finer lissom charred Ilse Jury, that if they
RCM satisfied that the acriaient arose from the careless-

1 brprisoner, in his aetence, solemnly declared his
' innuretwe of firing the pistul intentionally, but that it
ant off by accialeut.
Alr..lnstice PAHA b 1111 l rued up the eriilence, and the
Jury. af:er about tweuty 'ninnies' consultation, retarne4l
a er:iict of—N.ol
%cuswoms of applause were here heard in some parts
of tlor hall, 'Oddh called forth the disappro:.ation of
his Lordship. The trial lasted right hone, and, on its
conclusion. the prisoner, who hail voluntarily 'token-
tiered himself, was discharged.

ness and negligence of the defendant's servant, they
were bound to give the plaintiff a verdiet, nith such da-
mages as wocld afford him au allemiu.mte e [sensation
tor the injury he had sustained, and at the same time
operate as a whole►.•me warning to coach owners, in the
conduct of thei lousiness.
The .fur found their verdict for time plaintifE—Da-
Ina ges ICa

KE\'P.—M.tli►'roxr. 31 t nnt 11.

CIVIL SIDE.
THE 1111‘4. V. VARTTAIII.

Tla:s was an indictment against the slefentlaist for an
assault upon the person of William Cook, at Deptford,
on the 13th of Atigust,
The prosecution was conducted by Mr. AN MIMS
and Mr. Ctirrry, and the defence by .I.lr..itiotessus.
It appeared, from the evidence of the prosecutor, who
was the only witness examined. that he was the agent of
• widow lady, named Russel. wli.oe husband had left
her property in !Isis country and in Ireland, to the
an ))))) ist of SOW. per annum. The defendant. who is an
attorney, residing at Deptford, was appointed, under an
order of the Court of Chancery, to he the receiver of the
English estate. On the 13th of August last, the prose-
cutor went to the other of the defendant for the purpose
of -.:aiming souse rents slur to Mrs. Russel, in respect of
the English property. lie saw the defendant, who told
him that there was no money in hand, and objected, that
if there was, he had already been in advance, and could
not pay any more money until Isis own claim was satis-
fied. The prosecutor was going away, when the de-
fend:sat called after him, and spoke as to the propriety
of letting to better advantage a corn-mill on the estate.
This produced some irritating remarks on the part of
the prosecutor; the prosecutor called the defendant a
liar, and told hiw that he was a disgrace to his profes-
sion. The defendant immediately kicked the prosecu-
tor out of the house, and in pushing himoat of the door-
way, he fell upon his hack down the stone steps. These
were the leading circumstances of the rase.
On the cross-examination of the prosecutor, he ad-
mined that he lived in the same house with Mrs. Kas-
sel and her daughters, and that sometimes people called
that lady by the name of Mrs. Cook. lie was her agent,
and had a warrant of attorney to act fur her, but had not
iu this particular instance.
Mr. Aoot.risrs, for the defendant, addressed the Jury
with some strung oloervations spun the credit due to
the preoecistor's evidence, anti animadverted upon the
demeanour whirls hail produced the injury complained
of.

The Toter BARON told the Jnry, that if they believed
the evidence of Mr. Cook, they Inuit find the defendant
Guilty.
'l'hr Jury deliberating for a few initiates, found the
defendant Guilty.