Saturday 04 Sep 1819 (p. 3, col. 2-4) WESTMORLAND ASSIZES, 1819. [continued] WILLIAM ELMER was first put to the bar, upon a charge of manslaughter, by overturning the Lord Exmouth Coach, near Kirkby Lonsdale, and thereby causing the death of William HOWSON. Anne WILLAN stated that she lives at Kirkby Lonsdale-her husband keeps an inn there-recollects the prisoner being at their house on the day the accident happened; he appeared tipsey, but did not get any liquor at that time; he was again there, and had four-penny worth of brandy; he slept an hour when he was called to attend the coach, and she afterwards saw him driving very furiously. Thomas DODD, the next witness, is a tailor, at Kirkby Lonsdale-knows the prisoner-saw him about 4 o'clock in the afternoon the day that the coach was overturned-he appeared tipsey. Witness was standing at his door when prisoner, in a very furious manner, drove through the town, and he was afraid the coach would have been overturned in the street. William JOHNSTONE was a passenger in the Lord Exmouth coach, at the time that it was overturned. The deceased was also a passenger, who walked on whilst the horses were changing at the Rose and Crown, in Kirkby Lonsdale. The coach was driven off at full speed, and stopt about 300 yards to take up the deceased-the horses were pulled up all in a heap, and one upon another. The guard here told the driver to mind what he was about; was he going to do a mischief and lame some of the horses? The deceased got up on the front of the coach; he sat in the middle, and it was again driven off at full speed. Going down a steep hill, not far out of town, the guard told the driver to lock a wheel, but was not attended to, and he continued to go at the same rate until one of the traces came off. The horses being pulled up and the trace set right, the coachman drove off in the manner he had done before. The witness observed the coach to run on two wheels, but it recovered itself again; he pointed out the circumstance to the guard, who called out to the driver, but he paid no attention to it, and the coach was shortly after overturned. All the outside passengers (nine in number) were thrown with violence from the coach. He (the witness) was much hurt himself. William WILSON, a traveller from Liverpool, was a passenger in the Lord Exmouth, on the 4th of Aug. last-there were four inside passengers; never saw the prisoner before that day-the coach set off from the Rose and Crown in a very furious manner-was pulled up to take up the deceased, and drove on again at the same pace. When on the bridge not far out of Kirkby Lonsdale, he looked out and saw that the coach ran on two wheels-was afraid to look out again, and they were after thrown over. Witness saw deceased sitting on the ground and a person supporting him. He (the witness) then desired the driver to tell him his name; he hesitated some time, at length he said that he had no objections to tell his name, but it was not his fault. Witness saw the horses the first time they were drawn up-they appeared in an aukward state-but they did not seem unmanageable. Robert EBBLETHWAITE, a husbandman, saw the coach when it went down; he ran to assist the passengers; found the deceased lying upon his belly-he laid him on his back, and then went to assist the others. The deceased was put into a cart, and carried to Kirkby Lonsdale. Witness did not see him fall-did not see the driver whip the horses, neither did he observe him pull them in. William BATTY, surgeon, was called to the deceased. There was a wound over one eye, and a severe contusion on the forehead-the patient died the following day-he had no doubt but deceased met his death by the fall from the coach. William PARKER is guard of the Lord Exmouth coach. Did not get off the coach at Kirkby Lonsdale, and was perfectly sober at the time; did not observe the prisoner to be in liquor-one of the horses is very figitive and spirited. There is a large stone on the road side where the coach was overturned: he saw the wheels strike against it, and they were thrown to the opposite side; he had told the prisoner to lock a wheel, but could not say whether he was heard or not-there was plenty of room to avoid the stone, but could not, the horse being figitive at that time; he has known the prisoner a long time; he bears the character of a steady man, and a skilful driver. His Lordship went through the evidence in the most clear and impartial manner, and the jury after a short consultation found the prisoner-Guilty. Mr. Justice BAYLEY then addressed him to the following effect:-Prisoner, you have been found guilty of the crime for which you have been tried, on such evidence as could not leave the smallest shadow of a doubt of your guilt upon any rational mind. The charge against you is of a very serious kind, viz. that of furiously driving the coach entrusted to your care, and violently causing the death of a fellow creature. Persons must necessarily travel in this way, and their lives are thus entirely in the hands of the driver. It is therefore the duty of every proprietor to employ men whom they know will be careful, and who have a sufficient command over themselves to abstain from intoxication. There is reason to believe you were in liquor at the time, and it is charitable to you to suppose this was the case, for I cannot for a moment imagine any man so devoid of humanity as to have committed such an action in his cool and sensible hours. You see what melancholy and painful event has arisen solely from your intoxication. I feel for you and for your family, but I am bound to attend to the interests of the public, and should ill discharge my duty were I to permit you to escape. It is not so much for the punishment of the individual, as to guard against a repetition of such acts in future. I have a testimonial of your character that you are not devoid of humanity, and cannot suppose that you coolly premeditated, or wished for the dreadful event. You have been the cause of sending a man out of the world for want of proper care, and as a warning to others as well as to give greater security to the lives of travellers in future, the sentence is, that you be confined in the county gaol for 12 Calendar Months. [to be continued]