Summer Assizes.
The Times, 1824-08-07T00:00:00

-" st SIDE.-( Befre a Suecial Jtrn. I-- I V- PALMER A4113--?VnTTT?76 ' o, - ,.. -1ul, against the defiendants,%as6wn6rs efthe S6uth' end c-ach called bhe Here for the negligent driving of theig servant, -whereby one of the plaint'ffl's sboulders was disl6cated. Mlr. GOltwEy and AMr. ADOLP5StTS conducted the plaintiff's cale. I7t appeared in evidence that the plaintiffi, vhbo is a respect; able farr. and surveyor, living at Raylgeigb took anOut,ide pr.a. on the defendant y coach to London, on the eOth April, 1822. lie get ip bestween Rayleigh and Rochford about six in tthe mbrning, and seated himself in the dickey. There were several other pal- hengrs olt tshe roof. The coach proceeded in safety until it came to the brow o f Rayleigh-hill, whien James Palmer c he coach. man, and a rlation of onie of the dlefendants, began whipping his horses, anti drove them dowai the hill at a farbouR rate. One nfgthe wdQesses, a colle t who naw the transaction frorm te stage of his mill)u saul it appeared tetirn tl;at thi e hiorses were going at the prodigious rate of between 18 and 20 miles an hoar. The velocity inbreaWs ing the coch moon became unmanageable, and after pro. otng a great many rods on two wheels only, Is swavesl on one side, and at *art fell with a tremendous crash ot tes boiton of the hill,s cattering theunfbrtunate pasengers inalldirections. Several bhiwleft s eh enere hurt, on thers the plaintiff, who had biaw-f [s. heounlblity-d of ur he an edas amoc bcm ncs . yeo,'as soone ocated. h le was taken ul anti carried to asurn ehe disloasston a sse, but a contiderable time elapsed before The disloctonwas reducedr and in. thishoperation he suered the Most exiruciatingd pain, andewas for a month aftefwards undter the care of the surgeen hoe birus amounted to 101. 16s. The plaintiff, being a nman to vandy' wnsyer ais stated to be still labouring lndertheeets naef the i hnjury. wesides thed.ielocitionoflis dhoul- deri hle had lo stained very severe bruises and contusions. F orthosei.nlso wtt our,adstw Positi'ely rmin e the present actionkwas bos ht I was sworn. whet trivin the coachman had sat up all nigrt, -and' 'was drunk h e accident happened that he whipped h fis hiorses when lie gut co the brow of the hill, and that the lowest rate at which the coach was going wa1 between oe and l2 miles an hour. A great pro- portion of -he evidenice ofrered on the part of the plaintifif was to establisl the joint liability of the defendants, which became sdefth. sary in consequence of their having neglected to make the usual entry at Somersethigse. Various acts of owvnership were proved, which it was contendved were sufficient to show ajoint liability. The defendants, whose names were (eorge Palmer and Edward Viracklin, were defended separately, and the def'see of both was mnainly founded on the circumstance ofdtiheir havins no a int interest in the coach. To prove this some evidence was Offered,. It was al- atteenpted to give n answer to the charge of negligen tdriving. For thi, plurpose James Painer a the coachmana was called. He poitively denied that he was drunk, although h h admitted that lie had been saenolg theprevious evening. wvith some f'riends, until a late lhour, an sat up the remainder of the night thinking it Useless to go to bed. He was driving the coach dow'n the hill at toe rate of eight or ten railes fa hour, and had the perfect command of hia horses, wnhed, ufortunately, the pole broke, and to this circutirstance he attribssted the phc,ident, which never coul lina s happened but for th at event. Losnn mingl control over the horses, aniti seeing the ac- cident inevitablies, contrivd to draw the coaci near the side of the ,i~d, that it fgndh fall in a sof't place. Dle adniitted, on his cross- 3ra-mination that lie had not mentioned the circutsntance of te P e aktng at the tire of the acci(ent. Did not know that lie tooCk notice of It tonu body. Never attributlel the accideint to the btraking of the p mrn until tw . Villiam Chapman, a brothier whip, and driver of Mrs. Nelsnn's orduthent souh, praoved that he was dritviog his coach in the rear of the lnero. The latter was going doaen the hill at the rate of be. tween 1 I and 12 nmiles an h6txr, wvhen lie observedi the coach stop for a moment in its descent, after which the accident happened. fe afterwards observed that the pole, though made of'sound materials, nwas broken, anI thoyight ttie aei(ient was owing to that circumn- SItance. These were thec principal1 aitnesscs to negative negligence. Alr. Gu tNEvy, in reply, urgedI this, as onie of the most aggravated cases of the kind which hail ever come untler his notice, and he de- nianded, at the hands of the jsrv, exemplay tdamages-tfirmt, as a compensation to time pimintiff fr htis tiresdful injuries; atidi second, athonymode of making coach-proprietors and their Servants less itdhereni to the lives of lis M ajCsty'8 subjects. ir. Jus tice BurRouGit summted that:ie evidence. The Jury found their verdict for the plaintiff-Damages, 1201. Rabzha?n,, in whose casena , AUG.ic 13s.it euncl-v orm s1nger left Ma trday sh evening, was abecqilled, after an hour's ibera tron verdict w asdnot return edwhen tsmrey ond aittetry laus to st night closed the civil business of eassies, adjourning three special jury cases to the next circuit, in consequence of the number of thriserneo atillteindh ing tLo be tried. Ills Lordship this morning proceeded to try prisoners in tie civil cou rt. Mfr. Nolan, the barrister, also performed a simiilar duty itt order to assist ir. Baron Grahat to clear the calenidar before to-. morrow ehering, wben tie butonzes are apnointed to ternminate. The adjournment of the spcial jury cases hias given great dissatis- faction to the parties interested. In one of them, an ejectment cause, no less than fifty witnesses have been in waiting for three days at great exuense. CROwY Si-DE.-Bleore lhlr. B3arO,t GRAstAsr. Johsn Bt rrel.a anti Benjamin B usrrel were indicted for a burglary -and robbery in the dwerlnergthouse of Jane Clapton, at Dunmaw, on che night ofdthe v6th of dc .av. Mr.KNOX,for the prosecu,tion, stated that Mrs. Clapton was a lady advanced in life, resident with a sister at Duwinow. Early on the 17th of May she wat awoke by tce nois,e of htr bed-room window being broken in; and. dirawing open the bed-curtain, saw a mdan making his way in 'at the window. Mlrs. Clapton jumped up byd attem pted to rush to the stairs, but the man followed, sylg 'C Youneed not run away, 1 will not hurt you." Tcei man brought her hack to the rom, and she then saw that another man had got in. TIhey desired her to get a candle, but the struck, a light from the tinder-box themselver.icrs. Clapton 'Went into her bed again, but ue of the men forced his hand under the pillow where hei pock6t was, and demanded the keys, and point- ed to the dirawe- wherc she usually kept her money. They then pi;mceeded st6 search the drawers, andl took, away a .5I. bank-note and 30 sRovereigns. They then quittedI the house, and onie of the meit oti retiring said " if he madte thie least atlarmi, she should fare thie worse for it." She idenitified Johin Burrell positively, but though she believed the other prisoner to be one of the men, she was not equally certain. Evidencee was produiced so show that the prisoners wvere in eompany, at Dunmow, the day before the robbery, anti after it, on the road between Harlow arid Ongar. It was also proved that the prisoners had gone to London by coach, from Saffron Walden, and paid for their s-ats with two new crown pieces, which were identified by Mirs. Clapton as part of the stolen tnoney. Ttie Priseners did not produce witnesses, but protested their imoo- ecence of the chiarge. TIme Jury, after a shiort Itlliberation, returned a verdict of Guzilty. Mlrs. Clapton recommiended the prisoners to mercy. SUf,WBER ASSIZES. CHELAISFORD, TIHRnSDA. ArrnTrm' -