Lent Assizes
The Times, 1824-03-03T00:00:00

This morning the assizcs for Berkshire -commenced before Ir. JusticC PARK ahd MIt. Baron GAInROW, thc former presiding at .A?isi Priba, the latter ii the crim3inal cotirt The calendar contaiss ?3O rrsoners, one of whteui is charged with thie murder of hih son. OnIv tbur causes werv entered for tri,d* and one of these was with_ O)ut Xlefencc. The ondy c:Lsc of the sligitest interest was nLOXSO.tE V. WI LLIAM S. This was en actioi) by Mr. Bloxsorne. an attorney residing at Dursley, in Glocestershirc, against Mr. Williams, a coachtproprietor and horsedealer. livinr.at Maidenhead, on the warranty of a horsc. It appeared, from the evidence of Alr. Edward Bloxsome, tihe son of the plaintifl; tha iti the month ofJuly last, lie was travelling hv one of the defendant's coaches, and had some conversation with the .oacln,an respecting a horse, in consequence of wlhich he recom. nmended the purchaseto his father, &nd received suthority to buy him in case be should be found to answer the description. On Sun. day. the M3Ib of tbat-monmh, he was returning from London, and stopped at 3tr. Williamns's house. The treaty for the horse then proceeded; he was sbown ia the usual manner; Mr.Williais asked 10 guineas as the pricc, and in reply to Mr. 7. Blox-onic's questions, represented that "e hcwas. right. all over," and that " he was not tiiore than seven veara old," and finally warranted him sound. lUr. E. Bloxsonse then agreed to purchase tie horse for his father, andl proceeded on hisiurney homne. The next day he sent a servant to fetch and pay for thb horse, giving him .-0 guineas enclosed i) a Iettr addrcss6d to Air, WVilliams. The man arrived at ritaidenheadl about four. o'clock in the morning of Tiuse- day, and called ht. Mlr. Willianis's house, w here '*c left the nin. ney and received. the horse, and was infornmed by the defendant's son that the horsc vas -warranted to his_master. Ile had rcaicclv gone.a rlegfrois alUidenhead, when he perceiver solmething strangC in thc manner of the hiirse's stepping, and having alighretl to exa- nine his feett found them contracted. ie procecde(ld, owever, and. wailsieg tlie.horse upand down bill, and tahking care of hint, reached homie on the afternoon of W1ednesday. He was then quite latild and being inspected.the next day by Mr. Tanner, a vete. rinar'y surgeon, was foind to have feet contracted froni long work, tu be ptobabl 17. yeAfs old, and wvortli little or nothiing. Applicae totis were imade imnmediately to the defendant for a rcturn of the moneyl7 but he setit no answer. The horse, after remainitig in Mr. Bloxsonie'stablesfor'some time, vas sent tit thesakt marshes, where he becane -consideialy better, though still r6niaining utusound. The plailutif'n ov0so nglt to recoverback the price taid for the horse, and fdir keep as:dariages, which it was agreed between the coun- sel 'ls1ould le lalin at 40L, In.case he should obtain a verdict. '5r. JR.sts.forthe defendant, before the evidence was closed, submitted.thai the.9itfions could isot be suppoited,b ecause it was foittded on acontract nade ori'a Sunday with a horsc-dealer in the waV of his tradti5 coiitrary to tlic&statiute of Charles 11. prohibiting suchaetaligz aind'rond6ring the subhjit matter of the contract liable to forfeiture- .He refierT;edin sapp of bis objection, to the case of ' rury v. De4orft ae,".where the Court of Common Pleas decid- .ed.that ahorsel aucti(Fber seJling a horse by private contract was not tvthln thcaet 'but 65fpnritcxpleslsy astheground of their opinion bbth fs eri0eg bii trade. and thereforeimnolying thatif hVashbe_% a v f = 'di dhIrsedealer the provisions of the statute wosild have defesited the acston. AUr. 'Tustijc P.&ATx refused to stop the cause on the objection, but offcred to take a note that it vas made. The plaintiff4s case having closedl jUr. JE~VTS, en the ptart cef the defenda,sst. sa.d, that although his clielnt had a different impression of wbat passed at the purchase from AIr. E. Blixsome, and thQuht that nowarrantv was given} yet that Ite could not expect su~cessfulIy to contradict 'he testimony of that gentletnan; nor could he contendl that, the horse was sotud. Ee must, therefore, submit so a verdict, but the phaintiff womld ilti- mAtely lose the benefit ef the verdict, on motion to 'le Court of King's Bench; tbut wtlould gain for his son, a lcson in morality of more valne than the debtandcosts-not to break tebcSabbath-dayby making it a ime for bargains. Air.'.Tustice PARtK said he c,nld not help admiring the morality of a horse.dealer, who, hayinir l-trnt it rather late, was so eager to inculcate it on others; for, being, in the habit of breaking the Sab, bat)t constantly by running coaches on that dav, he was anxious to read a young gentleman a severe lesson for an'incidental dpviation from it, wbich he trusted, however, would not be repeated. Bie hoped, therefore, the defendant would add charitv to moral,tv, and abstain from attempting to disturb a verdict which, in justiec, the plaintiff was clearly entitled to retain. The jury then found a verdict for the plaintiff, damages 401., leave bein gives te the defendant to move to enter a nossuit on tlhe ob- jection in point of lsw, r.1;ATT AST?- Mcnjn , 1