The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-05-31

are making their appearance among US.
The forest seems 10 be alive with them,
and their mopotonous dCone is heard in
all directions from morning till night.
There is something remarkable in the
natural history OF these insects-their
disappearance and return at regular Pc
RODS of time-their habits and mode OF
production.
N. Y. COMMON PLEAS, / 9Th MAY.
Present, the Hon. John T. Hriag, lst Judge.
Sarah Siake'' Tampelhg with wit
Nathaniel George. them from Court.
About "a year ago, cause was tried
in the Marine Court in this city, be-
tween the above named parties, keep
ers of livery stables, for the recovery
of damages from the defendant, for his
drivers running his (the deiendants')
carriage carelessly against the plaintiffs,
and thereby nearly destroying or great
w injuring tin which cause, the plain
! tiff, for want, as she alleged, of The tes-
timony of the defendants diver, whom
she could not subpoena, aud who, as she
further alleged, was sent or kept out
of ;he way by the defendant himself, or
by his means or influence, SO that she
could not subpoena him, and so that he
did not attend Court. rs she intended
he should have done, lost an important
aud material witness for her on the said
| trial
The reporter we'll remembers that
:he counsel for the plaintiff on that oC
casion (since deceased) stated his case
10 him at the time, and ask I'd the re-
porter's opinion as to the plaintiffs
right to an action on the case against
the defendant for the damages sustained
an consequence Of the defendants keep
ing the SAID witness (his own driver)
away, or causing him TO stay away from
Court or from being subp9aied, as a
witness, TO identify the carriage which
did run or was driven against that of
the plaintiff. The reporter replied TO
the said counsel, that, pro1i3ed the de-
PENDANT was the cause Of the said wit
ness's keeping ont CT the way of a
subpoena, or keeping him away from
Court; and proUided, he could have
given testimony materially TO the issue
between the parties--he could see no
reason or legal objection against such
an action, if these two points could be
clearly and fully established before ju-
ry; although such an action had not
often or lately been brought into this
State, or in this country, if at all. The
said counsel rejoined, that all this could,
as was advised, be fully proved, and
that the plaintiff was determined to seek
redress; and he accordingly directed
an action on the case, tc he commenced
in this Court Immediately, BY the
death of the said counsel, the cause has
been somewhat delayed, but was brought
on the first day of the present May
term, before Judge Irving anil a Jury,
when the defendants aforesaid driver
appeared as a witness and testified, in
substance, that he was not kept out of
the way of being summoned, nor from
Court, OIL the former trial, by the de-
PENDANT or his means, though il appear
ed that it was the defendants carriage
that ran against that of the plaintiff ;
but other credible Witnesses testified to
facts, showing that he was so often kept
out of the way on said trial in the Mar
ine Court, and, among other things,
that the said driver himself told the wit
ness so at The time, and that he kept
out of the way by the direction of the
defendant to avoid the service Of sub
pena to attend Court.
After full hearing, and an able in
genious summing up on each side, and
the charge Of the learned Judge, the
Jury found verdict in favor of the
plaintiff for $3.50, being what they con-
slider the amount of the damage the
plaintiff had suffered in consequence of
the injury done TO her carriage, and Of
The non-attendance of said defendants
driver on the trial 10 the Marine Court
aforesaid.