Sittings-King's Bench.-Westminster. Tbe Plaintiff, Georgc Ormond, is a Butchce, living at Turo;hamn Green. The 'Defpndanr, jotta Willet Payne, Efq. is of the fuite of His Royal High ncef the Prince of Wales, living at Carlton-houfie The asaion was for a' nifcfa/nee,. nommittCd bv George Smith, the Defendaint's Coachiosa, hi Uegl;gentlydriving his after's char-lotagailoft rh- cart of the Plaintiff, and thcrby breakhg the Palaintifft. leg. . rbyraigth The Coachman was ordered to take up hie Mafler at Carlton-houle at fix o'"lock I he Itables where the horfes and carriage ftuod, are fituared in Swallow-adreet, Piccadillv. Oa the day the' in iury was done, the Coachman, who was in liq1uori was rather behin ! his tine ; and the moment the horfes were haroefftfed, and, had mounted the box,'b. c.led for as glaf of gin, drank it, threw the glafs violently upon th- pavcmenit, flogged his horfes, which 'tern ftinit- ed and young, into a fuill gallop and away se- went, as hard as he could drive, down Sw.llow IlreeT int, Piccadilly. At that moment, the Pliiitif; litting in the front of his cart, was onrving quietly along Pie- adilly, oppoice the end of Swallow-firecet s ad the Conchman being uni- able to ptull up his horl'es, the polc of the car- riage wesit fmack bevtween the tail of the horfe and the front of the cars, and, Lriking the Plaintiff's leg, broke it in two. The poor fLffrer was taken home, and confined to his bed for ten weeks. The drunken Coachtman proceeded on his way, as unconcerned as if nothing had hap- pened, and after quarrelling with, anld fighting a hackncy coachman, who attempted to ftop him, he arrived at Carlton-houfe, and difchargcd his duty to his mailer. It appeared, that application had bccn madc by the fiiends of the Plaintiff, to Mr. Paync, for Come recompence for the injuries he had fuf- tained by the wantonnefs or negligence of his fervant; but the llyle in which the-application was made, being, in Mr. Paynic's cotnception, ra- ther too ilperative, he refuted comiipliatrce ; and in confequence of this refufal, the action was brought. The learned Judge explained the nature of the relation between illan/cr and Sre-vant, to rho Jury, and'the policy of ithe Latv, which rendered the mafter liable, though abfcnt at the time, for the acs and carelrfshefs of his fervants. The Jury found a vcrdi& for the Plaintiff, with One Hurdred Pounds damages. On Monday ladt came on to tried at Wcfl minllcr-hall, before the Right Hon. Lord IKenvoy, a canfe wherein James Goofiree, late, of Pall- Mall, was 'plaintiff, and George Augoftus S-l- seyn, Efq. was defendant. This a&Rion was broulght so recover ot she defendant two years fubfceipios'-nmonirs as a member of a Club kept' at the plaintiff's hisufe. After tWo witncfles only were examtnei ohi behalf of the phaittiff, viz. his Grace the Duke of Leeds and Earl Galloway, the Jury, by the direclion of she learned.judge, found a vcerdiat for the plintif to r he amount fued for. TueMday HENRY HARvEY ASTrof, Eso_ vas 'tried on nvo indiStitents before IYillinaZ 3fahisc'raring, Ejq. at Hicks's Hall, for affaults on two fervants ot the names of Hzlland SIlcrij; the firt in the fervice of Mr. be'il; and the fecond in the employ of Mt. rll1errt, a Spanifh snerchant in the City. The tranfa&ion happened at the door of the Opera-Houfe. The itort flate of the cafe, for both indidiments relat"d to the fame fa&, was macely this :-The Dcfendant was affiftng Lady GORDON to her carriage, the croud of fcevants through which be had neceffarily to paft, ob!ig- ed him to place his liand on the flsoulderof -Ill, and to order his to ftand outt'of the wAay. Hull refented this mode of application with that degree of infolence which the wvhole frarernity alnofi invariably p rffels, and Mr. Afls, witlt that prowefs and fpirit for wvhich he is fo emirent, immediately made a blow at theaggrefftr, and brought him to-the grounid. The fraternity im- mediately crouded round Mr. 4ion in a way which feemed flrongly fymptomatic of an intend- ed hgi'd. To avoid the confequences, Mr. ASTONd called in aid the firength svith which aturec has endowed him, and that refinemntst of art which he is faid to liave derived from Humphrors or Mileszdoza; and he began to hay abonh /im indiferiminately wvith great effe&; it coofequence of which the other profecutos, Aforri4, received the biow for whiclt this indiflment was found.. Lord KEINAIRO, who happened to beprefent at the time this chaftifeinent took place, gave itrong 'teflimony of the general infolence with which the fervants bhabaved, infomuch that Lady KtxNeAIRD was unable, for a cnfiderable time, to be feated in her chair. The Juiy found Mr. ASToN, G:ail,l onboth in- di6ments ; hut it appearing to the Court: flirt she fervants, by the infolence of their behali6ur, had ,intircly provoked the affault of *which they 'complained.;, cail not thianking it a cafe on which they oefglht to fuffer 'the profecutors so derive any pecuniary advanrag s to themfelves, 'they fen- tenced Mr. ASTOsN 10 pay a fine of Forty Shil- lngs on each conviction te .ube Kig, ; iu conif- q,uence of which, the proreecutor. Will bc all their expeoces oat of pocketc - I SIltTINGO-KrNGS BENCH-- WESTMINSTi:R. ORMOND, V. PAYNE.
