Carlisle Patriot, 13 Aug 1825 - Cumberland Summer Assizes (11)

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Saturday 13 Aug 1825   (p. 2, col. 3 - p. 3, col. 5)

 

CUMBERLAND SUMMER ASSIZES.

 

[continued]

 

NISI PRIUS: MR. BARON HULLOCK.

  

CLARKE v. FAIRBAIRN AND OTHERS.

 

Mr. SOWERBY opened the pleadings. This was an action to recover damages from the defendants for seizing and stopping a stage coach, in March last.

 

Mr. BROUGHAM.—My Lord, I am instructed on the part of Mr. FAIRBAIRN, one of the defendants, a most respectable gentleman of this city, to say that he was ten miles out of town at the time of the transaction—that his servants acted entirely without his knowledge; and he has no objection that the matter should be brought to issue out of court.

 

Mr. SCARLETT—I don't know what to say to this: the circumstance was a most extraordinary one.

 

Mr. Baron HULLOCK.—It appears so.

 

Mr. SCARLETT—Gentlemen of the jury, we must proceed. This action is brought by Mr. CLARKE, a coach-proprietor residing at Dumfries, to recover compensation for an outrage of a most extraordinary nature—so extraordinary, that when you come to hear the particulars, you would hesitate to believe that they could have taken place in a civilized country, unless upon the oath of respectable witnesses. Indeed, I have some doubt whether the transaction for which I am instructed to ask you for damages does not come under the designation of a felony. Mr. CLARKE was the proprietor of a coach which ran between Carlisle and Glasgow. Unfortunately for him, he had a partner residing in Carlisle; for when he came here to settle with that person, he found that Mr. FAIRBAIRN had succeeded in purchasing his share, getting hold of the accounts, money, &c. Mr. CLARKE afterwards established another coach between Carlisle and Edinburgh, called the Robert BURNS. On the 26th of March, as this vehicle was about to enter the town, with two passengers and various parcels, about eight in the evening, it was met and stopped by twenty-five or thirty persons, headed by Joseph SCHOLLICK, and two others, known to be in the service of Mr. FAIRBAIRN, who dragged the coachman from the box, dismounted the guard, ordered the passengers out, put fresh horses to the coach, and drove it off to Carlisle in triumph. The coachman, not being willing to descend when bidden, was flung to the ground, and much injured. But the guard, on reflection, determined upon sticking to his charge, ran after the coach, mounted it behind, and there found himself cheek by jowl with Mr. SCHOLLICK, Mr. FAIRBAIRN's confidential manager. My Friend, Mr. BROUGHAM, has been pleased to say that that [sic] these transactions were without the defendant's authority, and that he knew nothing of them. I shall prove, most distinctly, that he had something to do with it, and approved of his servants' conduct. When a person on behalf of Mr. CLARKE applied to have the coach restored, telling him the coach was none of his, and demanding what claim he had to it, this was his reply, and I will be particular in giving the very words: "I was not at the head of my force last night: when we do take the field, we'll pull down the Blue Bell." This shews that he participated in the transaction. At any rate, if he was not privy to the outrage, he subsequently identified himself with the transaction by abetting his servants, and even talked of pulling down the Blue Bell, the inn where the rival coach put up. The object of the attack is clear. It was to put down the establishment, and it in part succeeded, for passengers were obliged to proceed by other coaches. Nay, they kept the coach locked up in Mr. FAIRBAIRN's yard several days, and even received the money for the parcels which the coach contained. They now intend to say that it was all a mistake: but I shall shew that it was no such thing, and look to you, gentlemen, for exemplary damages.

 

In the course of Mr. SCARLETT's speech, the Court was not a little surprised by a drunkard or maniac, calling aloud in the gallery: "I am not mad, most learned BAYLEY. SCARLETT! go on with your pleadings!" He was speedily ousted.

 

Mr. BROUGHAM.—Gentlemen of the Jury, this is not one of the defendants, I assure you. I don't know whether it is one of the plaintiff's witnesses or not. (A laugh.)

 

John GADDES called.—On the 26th March last, I was guard on the Robert Burns coach, belonging to Mr. CLARKE of Dumfries, the plaintiff, which I believe ran from Edinburgh, but I brought it from Dumfries. On the night mentioned, after we had passed Goslin-syke, about ten o'clock——

 

Mr. BROUGHAM interposed:—I beg to say that I am prepared that the point of law should pass against me, and will refer the question of damages. We have already paid £30, and £20. Another action is on the harness: and perhaps a bill in equity.

 

Mr. SCARLETT—No bill in equity. The payments were for the assaults.

 

A verdict was taken for the plaintiff. Some one to inquire forthwith into the amount of damages as to detaining the coach.

 

DOE D. TOLSON AND OTHS. v. DYKES,   S. J.

 

When this cause was called on, only five special jurors answered to their names, and Major TOLSON's attorney (Mr. CARTER of London) withdrew the record; and also the record in a similar cause, "Doe d. TOLSON and others v. FISHER, S. J."—actions for the purpose of recovering extensive property in this county, to which the major lays claim as the heir at law.—Persons who affect to be in the secret, laugh at the attempt, and say that the present holders have little to fear.

 

 

[to be continued]