Star. — London, England, 1823-01-29 00:00:00

It was evident that a Mild might be living, thoughl not born at the time of s the testator's death. Ue should be glad to heat airy anthilvities chid whilat COURT OF CHANCERY, JANUARY ea. • s would bear upon the question ledw far the gerierlti In- BEER U. wAED — JUDGMENT. a . 4eetion of the party had. been s cOnsickted ; for here • e was satisfied; that.s in the s mind theree This case ha - been long in progress through the PI.- roorts of Lew. It arose from the following cireuma could be but one meaning : X: l 7o%lra however, stances:— A person termed William Cotton had con- must be bound by principles. tutued ilea stem of lunacy from .1769 down to 1819, - • - COURT or Riteia'alatzepee, JANUARY, Rs. when he ,lied. The person who was to take the ARCHER V. BAMPoRD. . estate , in litigation after him was. disturbed in hie' This was.areaction on. a billsof exchange for £3OO possessien by the next of kin of the predecessor, who •of which the plaintiff was. are endorsee, and the claimed on the ground that the lunatic was not the !defendant the acceptor. At the trial; which took legitimate son of William Cotton, and that the-heirs I place at the last Sittings for Middlesex, it appeared or Evelyn Rowland Cotton, who was the legitimate that this bilfwas given, with two others, Torthe pur offspring, were entitled. It apperwed frown the nume- chase of a mortgage on certain premises in Stafford rous proceedings which had taken place, that the shire, on part of which were copperas works, which lunatic was the son of a William Cotton, win) was the defendant had been induced to make by false re the son of a Rowland Cotton, of an ancient and re- presentations, and which prcieed of little cra no value. spectable 'family in Shropshire. This Wm. Cotton Evidence was also laid before the Jury to induce them. married a woman named Rebecca Webster. Ar e- to believe that the plainti ff had t a ke n the bill with a gister produced sheaved a marriage to have been so- full knowledge of the whole transaction: but it ap• lemnized in 1742. .The l u natic was proved to have peered that Arr. Bamford had never distinctly repu been baptized in 1740. It followed, if this were the dieted the contract, but had obtained possession of first marriage, that he was illegitimate. It was, how. part of the premises, by.purchasing the interest of ever, set up, that this was the second marriage ; be- a prior mortgagee, and still held them. Under these cause, the first having been a secret one, the parents circumstances, the Lord Chief Justice thought that Wished to remove doubts which attached to it, by the he could not say, in a Court of Law, that the consi second. There was a settlement made by the father deration had wholly failed, but that relief must be in• 1746, in which time four children then living of sought in equity, and a verdict was accordingly William Cotton, the father of the lunatic,were treated given for the plaintiff. as legitimate. The verdict in a trial at law had, not- Th e S O LIC I T OR -G ENE RAL now moved for a Rule Withstanding the last named circumstance, declared to shew capse why the verdict should not be set aside the lunatic to be ill e gitimate. Thi s ver di c t had occa- and a new trial had, on the ground that the defendant sioned a motion before his Lord s hip f or a new trial, had not taken possession on any legal title derived and, under this motion, the proceedings which have from his bargain, bet as the assignee of a third per been of late reported to the Public took place. son, whose interest he had bought, and that there- The LORD CHANCELLOR, after taking a review of fore he had received no benefit under the fraudulent all the circumstances and pleadings, was of opinion contract, from which the bill had its origin.—The that there must be a new trial. The former verdict Court granted a Rule to shew cause. had determieed the illegitimacy of the lunatic, by TILE KING v. WILLIAM •AIEAD. finding the marriage of 1742, and the baptism of the Tire SOLICITOR-GENERAL mentioned to the Court lunatic in 1740. This issue slid not give enough con- that his affidavits in this case were informal, as they sideration to the motives which might, by possibility, were not entitled in the cause. He wishedeliat they have induced the parents to effect a secret marriage might continue on the file, but that he might be at before that of 1742, to which the marriage of 174.2 liberty to send duplicates into the country, to be was only intended to be an affair of public confirms- sworn under proper titles.. , lion. Certain it was that secret marriages -were at Mr. D. F. JONES said, he had no objection to this that time vei y frequent. The settlement of 1746 had arrangement, but he thought it right to mention that an air of forgiveness for some ' seemingly existing notice of bail had been given so late yesterday, that defect in the circumstances of the marriages. Bet no opport un ity h a d been afforded of investigating the there the children were treated as legitimate. He responsibility of the proposed sureties. would have it put to the Jury, on the new trial, to The - SOLICITOR-GENERAL consented that the justi say wire. her there might not have been a marriage tication of bail should be postponed till to-morroW• pevioas to that of 1742, and whether the settlement earoAN V. WIL S ON, REYNOLDS V. WILSON, PRICE V. . of 1746. would not afford an inference that th os e . ev ... it s sets. M doubt; had heen cleared up, and ail the offences r. S - c - Aiiiii - T moved at once in these three eases against the feelings and opinions of the testator and for rules to skew cause why the verdicts should not the family done away. In directing the new trial, be set aside, and new trials granted. They were he wordd also direct the Secretary of Lunatics toma icious prosecution G indict ment action's fo r the -1" - ' - • ' - f an prodece all the papers and proceedings of every by the defendant a ga i ns t the p lai n tiffs - and others, kind in the Master's Offices without further older, charging them with conspiracy to effect the fraudu on the trial. e - -.' a' lent rettlovtil of goods distrained by him as landlord, . Mr. WETHERELL asked if the trial should 'take Litman. on ' premises occu pied by They were tried place in the Court of Common P;eas ? . as undefended causes, and the Jury gave C4OO is The Lome Cum:et:Leon said, no, it had better be the first; £l3O in the second, and £5O in the third, tried in the Court of King's Bench ; and, in sa y in g - b y . s e a yeare amagea Ile (Mr. Ssarlett) had been in that, he was anxious to obsei ve, that he had never structed to Sa - piii to y the C ourt to postpone these trials, known a trial which was conducted widi more abi- on actount ..if the abscoce of Wm. S . °1 a ea, 1, material, lity than had been shewn by the Learned Judge who eisd indeed esseiniel witness for the defendant, whose • tried the former issue. s residence he had been unable to discover. He thought VICE-CHANCELLOR'S COUIZT,.ISNUARy 2a. it right to defer the application Until the causes came. BASS V. TODD AND OTHERS. On fbt trial,'tv heit lie mane it in. full confidence of This was a case in which a greet variety of parties success. Mr. Gurney, however, gave S 'very short were interested, and many Coensel appeared. Lewes answer to the application, by producing the witness a bill filed by the plaintiff, praying that'the defend- in Court; and the trial wait ordered to proceed. At ants might be compelled to adhere to the agreeineut this time, no briefs had been prepared ; the Counsel, entered into between* the rustles, and it also prayed therefore, did not appear, and no defence was made,. an injunction to restrair the defendants from build- because 'the Attorney for the defendant relied on the' in any house: contrary to the place 'aeeeed upon.— postponement of the trial. - Smith, the witness, was In 1792 an agreement was entered into between a the broker authorised by Mr. Wilson to distrain, and Mr. Portman and a Mr. Harcourt, for the purchase of therefore lie could not advance the -first step in certain lands in Mary-la-bonne: Upon this ground proving probable cause for the prosecution without houses were to be built, forming a street called York- his evidence; but when he came to inquire for him, street, Which was to be sixty feet in width. The plain- he found that he had left the street where he had tiff aereed with llarcou:t to lake a piece of his land, lived, and no clue remained by which it was possible upon the understanding that the'street was tobe sixty to trace him. A clerk of Mr. Wilson's attorney had feet wide, and built a house at the corner of .York- received instructions to • procure the causes to be set street. Since that various buildings bad been erected, down as Special Jury causes, but he lost his papers ; and the street had been narrowed more than six feet. and thus they were unexpectedly hurried on to trial. Mr., ft k.AI.D ‘.i , :lS proceeding to state his case,when The witness Smith, whom the plaintiff knew where an objection was raised diet the suit must be abated, to find, and whom they sebiareaed but did not call, one of the defendants (Mr. Rutherford) having died had himself comprOmise3 an indictment which he since its commencement. preferred against them, from motives of compassion; The. Vice-CuaNcecion directed that a bill of reei-1 oor shOuld.beliled,''afidirthat, ifheA,the parties wet ready, the case. should-be Mentioned. to the .court. • SMITH V. TAGGART. The plaintiff stied *floret/ . prittye . ris, andhad . fi led a bill for , an accpiint 16'1) . 0 taken in a certain breivql. concern in which mselfand.defend a int were interested. :Mr—Elate:se objected. to the account being taken, because the plaintilf.wai a pauper, and had no chance of obtaining a shilling even if the accoirpts were taken. The Vtc.it : •Cri4Occet.t.ort That all, 41,4 was necessary . was, that the • pat& was . en 7• titled to an account, and it was no answer. to assert that theplaintiff could get nothing by the scrutiny. • noliN ft suggested The great hardship upon the defendant, who in an;piass t oinst pay the.cOsts. The VlCEXNAsestzoi was aware_of.nd.authority which gave power to the Court to act upon one prin ciple with respect to a rich man, and on another with regard to, a pauper. f le 'vi4,,therefore , afraid he i must the prayer of the present bill. • • fanieta d 81T1715. TWA was. a fttrlettiental by certain le gatee‘ wider a'Svill to nknke,.a •child, born after the commencement o f a suit, .a. party to it.: The ques tion here was,...with respect to the construction of the, •will, whether.' the eleallsl l4 children"bern in my life time" users . . Mr. cited authorities to strew that an in, fant.ea Fintra - sa mere Was included in the words— tltiltiretiViihg at the thatlcof.the testator ;", and coOtendtiefiNt. the 'wcii-ds, O'h4aine‘t in the present will, 44 "liatifrri my lire ttine,~ bore precisely the sane Meattirleas '4 4 living at the testitnes death." . . The case brelitY and . 1114ce 2d . &Own p. 225, was pastteu "taikaiter and tancaster," 7 Meg Rkoto. •t• • . • Mr. Wst4oFiato, on the other hand, maintained that the word living would admit of a much more eatended meaning than the word born. . The Vge , CßAricm.Loi was of the same opinion. and from his testimonY, it would appear that Mr. Wilson bad subjected himself to these actions, by for bearing to urge his prosecution from a similar feeling. The Cotter granted rules to shew cause in all the Cases, on condition that the defendant should pay the costs of the former trial ; undertake to make no okjection to the pleadings.; and bring £3OO into Court by Saturday. These conditions were ac cepted, and the rules taken on these terms. MACPI42IIIOI4 V. LOUIE. a Mr. ScantxTr)noved for Rule to shew cause why the'ver4ici an this case should not be set aside, and anew trial had. It was in action for a breach of promise marriage, brought by a widow against the Captain of a West India ship, in which, at the trial 'a few days ago in London, the plaintiff recovered •£5OO damages. There was one general observation which he (Mr. Scar,leit) would venture to make on cases of this kind, that a modest and meritorious 'plaintiff had far less chance of obtaining considerable damages, than one of an opposite character, because it was scarcely ever possible to impeach the character of the most abandoned woman except by witnesses, whose examination must furnish topics for a strongl and influential reply. His own experience had taught him, that it was always unwise to call such witnesses, unless he could gather from the cross-examination of the plaintiff's witnesses some matter on which he might ground his case; but sometimes, as in this in stance, a Counsel had no discretion to exercise. The plaintiff, Mrs. Macpherson, had already been twice married ; she bad children by both husbands, and one of her daughters was already settled in the world; and this w as the Lady who sought to recover on a promise of marriage written by herself, and only signed by her• admirer: • The-words of this promise were—" I promise to merry you when. I return from Demerara, please GOD, or pay ybu 11000." Mr. Justice BEsr.—Was the promise made in a yarns climate ?,—( A laugh.) • Loiw Cam JUhriCir•at was not rerr far LAW INTELLIGENCE. from the ramp, Wir§WidiTT a t*teed.l of and sujery; for vianefering Ca pi from his wife, At die trial, ht be was instructs_ arra theretore examined Mrs. Staniforth, the daughter of the plain tiff, with more severity than it was his custom to employ. She stood the fire, however, remarkably well, and positively denied that she "ever .saw the Captain in bed with her Mother, or carried breakfast to them when in that situation. •No4i, lie had the affidavit of a witness .to distinctly contradict heron: those points; who swore that she had been employed in the manner alluded to, and that during the two , years in which she resided with her mother, she per formed menial offices for the Captain ; that she even' brushed his shoes ; and that she had fetched him to the house at her mother's desire. The story of the plaintiff was most extraordinary—that the defendant had first written the promise, and then given it to her to copy ; and yet she neither produced the original, nor accounted for its abience. The defendant's case. was, that she had been his mistreSS; that she wished 'to remain in a house which belonged to him ; that he gave her a paper to fill up, with a demise of the pre. cruises, and that she wrote this promise in its room. The Lotto CHIEF JUSTICE.—There was nothing in the evidence that glanced at all this? Mr. SCA KLETT admitted that there was not, but there. was enough to shew the extreme improbability of the plaintiff's case. It was singular enough,, that both the witnesses who swore to a verbal. promise, introduced the words, " please Got,," which were so singularly placed in the written promise. Mr. Justice BEST.—Probably the Captain took it from the bill of lading—(A lartgli). Mr. SCAHLETT Proceeded to argue that several to pics had been pressed beyond their proper weight in the powerful reply of Mr. Adolphus, and concluded' by expressing his hope, that the Court would feel with him, that even if any prOrnise were proved, the dn images were exceedingly clisproffottioned to the injury. The Couar granted a Rule to shew cause why a new trial shOuld not be granted, 'on.-the ground of excessive damages, on the defendant bringing 150/. into Court within a week. GUICNEYi in . allusion to the causes in which Mr. Wilson is. defendant, expressed his wish that the Rules. ahouldeorne on as Motions. The Loa n CHIEF JUSTICE assented, but expressed .. his hope that some arrangement would be effected between the parties. lie wished 'also to extend this tecommendation to the , ease. of. Macpherson and Lovie. ne•should feel extreme reluctance to disturb 'the verdict of a Jury on a ground so peculiarly within tr province as the amount of damages ; especially if that verdict was given by.either of the 'Juries who sat in London and Westminster during the last arduous sitthigs,.who had man4esieti an in telligence, and afforded.* diipassionate consideration to the cases before.thea, which ought to secure high respect to their deeisionsi'• • • . DEtEietiteiSlP ttIeAVEN: Mr. PLATT movg...d . toy.a.jorris of : 1-lobeas Corpus to bring up twenty, two ma scnv.chaained on board the ship Severn. They had been in custody ever-since the 13th instaw, and were p a rt of the crew of a ves sel which vas tiled at by:4:U* of.threvestels in the ser vice of the .Customs., - any 'kind had been issue4,to rendts tisei; caltady lcgals The COURT giaAteillhis writ. lIIRTHS. Jan. 19, at Blebo Rouee, the Lady of Colonel kl!:buns, d Blebo, of a daughter. Lately, in Cork. the Lady of Llewdllan Nash, Esq. Wristle t at-law, of a .on. • At .Mother Glebe Hottae,Waterfordi the Lady of the Ret.W. Hill, of a son. • •), at .Aldgate !-- . -(f.teatemal . - :hkt)iotl proceeded. — No 7 ~. .. . . . : ..- , liet the defendaos sitista , - . e-; an I theliAk.of a . , 01 , birsba • : .ia .Ju plain, mfr% n . d .eque ~40-) th , £5OO ws ao excgssive„contre ' 'On. • le felt the datiger 'ip.f the defitoot Vhic,l l an ted to make; and therefore he cross- ATTORN I ES. • Mr. PEA ;mom moved'for a Rnle otlling on anat. ; torney of tile county of Stafford (whose came at pre sent he wtinid not mention ) to shemi cause Why 'he •,liotild not be struck off the rolls for practising.while in prison. He had. bees found guilty of some of fence at Sessions ' and had been sentenced to impri sonment ; and while in custody under this sentence,' had directed the levying of a plaint, and the conduct of a plaint in replevin. The COURT at first doubted whether any proceed ing in the county Court could be regarded as a writ or process, within the words of the 2d of Geo. 11. - on which the application was founded ; but finding, on examination of the bill of costs that a summons had been issued, they granted a Rule to spew cause. COURT OF COMMON PLEAS, JANUARY 28. TOVEY V. PARKER.. This action was tried 'before the Lord Chief Justice in the Sittings after last . Michaelmas Term. It• was brought by the plaintiff to recover damages for the injury he sustained in conseqpence of his vessel hav ing been run down at night by that of-the defendant, off eve Filey, in Yorks4ke. The Jury found a ver• dict for the defendant. Mr. Sedeant VAUGHAN now moved the . Omni for a Rule for a new trial, contending at great length that the Jury were.b(iund by the evidence to hate ' found a verdict for the plaiutiff. The Court, however, was of a different opinion.. Irr , this.case a great-deal of contradictory evidence "wasatidttced - 'at • the trial upon the several poitai,• of *bcthiprot: btit it was so dark at the time of the, accident, that-the persons on board the defendant's vessel, which wassailing before the wind, could not discern the other vessel, - which was tacking athwart her bow in entre.to'have avoided coming in contact. with hot .-whether the defendant had not given..fair.warning. of the approach of his vessel, by having a light hoiste&ather , how ?—whe ther, in short, the accident arose from thegross neg lect-of the defendant,, Ttom tile „darkness. of' the night ? These were all, Ore questioni offict, . to . be. decided only by*the Jury, 'They had decided theta; and if the Court were - t(Osidterfire to disturb their verdict in such a case at thls'(itnlesS;.indeett," th e weight of evidence strongly prepici,ditrated the *caw, way, which was fir from being the eift‘thiere), itsvonlll 4 be doing that which tveuld in effect Vittitally•supef ! seding the necessity of a,Jtiry aea11:7".. - The Court, therefore, refused the Rale. ,••••• • PRO3T di*Bll4l3oll6lL • This was an action on a promissory note.for , LSO, doe in ISM to which- the defendant, pleaded the Sta tute of.Lirbitatloni. In order - to : take it out Of this Statute,: the, plaintiff gave a letter oftlur defenctant'i in evidence on the trial; dated Selpteniber, 181 T, in which ht laid that U as obliged ..totto to Li verpool on hilsittetkile! • !v 4 410; itWs. atlyainsaw area successful, meet the plaintiffht three weeks; if not, theft (itaiplalatif-viad clefendant ) shi3uldonlT: manage matters - % tire 'lleiltAtty; _ . qbe Jury, no evidence hitvitig fliewelliaralhOp MARRTRD. • At Kilfinan Church, County of Galway, J. Loydell, Fsq.life Oster-at-law. to Jane, eldest daughter of Peter Blake, En. if Carbatry. Jan.l 9, at Maryda -bonne New Church, Capt.llenryFanslu R.N. to Caroline, third daughter of Francis Fovates Gut Eft. of Derowthire-street„Portliutd-place. Jan. 23, at Edinburgh, John Han, Esq eldest son of Sir Hall, Barter Dungiass, to Miss Juliana Walker, youngest da telyoftkokte J. Walter,l.sq. of Dairy,Ptincipal (leek of Fes Lately, at Trate*, Francis Chute, F,sq. of Springhill, Sheriff of thy County of Kerry, to Arabella, youngest - of the late Rev. Maynard Denny, of Church Hi& DIED. " Fal • DIED. • At. Wootton Bassett, as the 27th instant, the infant son dtb Rev. T. H. Ripley. &today, at his house at Berkeley, Gloucestershire, in the •7411 year of his age, after a very short illness, Dr. Jtrnner, the d coverer of vaccination. or.* At Chatham, Lieut.WM. Lamphier, Eat 39th I.ight IsfastlW I Sunday, the 25th inst. Frances, the wile of the Rev. RAM Watts, Librarian of Sion College. • • are The Rev. Owen Muter, aged 52 years, Vitas of Sidled. and Pagham, in Russet. In Chichester, Mr. lames Street, surgeon, aged 72 years. At Montrose, the it* inst. James Paton, bag. Winters" A Custerns at that port. In. Casdebar, of a violent putrid fever, Mr. F rancis Il lstd4 • T. ~ Didributor of Stampa for the county of Mayo, having • sanded 3 cd, Ms son David, a promising lad of. about 18 years who diet d the same disorder), a little. moos than 24 hours. Tel At Falmouth, the let inst. aged 80, Arthur Kempe, Es+ idfr• miral of the lied. The deceased usisted-at the glorious Aka' Quebec, where the immortd Wolfe 'MI, and accompooleiCisf tains Cook and Reisman: in•theirrespeetive voyage., of distorter. • bathe neighbourhood of Kirkaldy, William Tod, 14411,181,1 year of his ago— ! the oldest man perhape in - Fige. - • Wedoesday, at Portasvood, near Southampton, SinJOh11.1110&: t h i; bolt, Kitt. a A few days since, aged' 81, in Bath, Elisabeth, idle rid" - r i for Rev. Archdeacon Daubtny. • • . trt Thursday, the Lady of Vico-Admiral Sir Monde BMW * At Balianacourty, county of Limerick,. Thomas Daveords Esq. a most effective and eEcient Magistrate. At Burnham House, Dingle; at the adienced age of 88 id% the Right Hon. Blisaleth, Baroness Ventry. • Hee La 's& it I married, in the year 1758, to Thomas. Mullins. Eon, whfrlslC created a Baronet in the year 1797, mai Baron of Ireland in and who now survives her. The noble couple have beettllldk united for 64 years in happy wedlock. Her' Ladyihip - reel • great, great grandmother; foar generations delnended frapil . W • Ladyship being now alive. • • • - _ . . . ' COURSE OF EXCHANG Amsterdam 3- C.F.' It Seville- C . 4 Ditto at sight... ... 12. 0 SP* ' 6 Rotterdam.- 2U.' Leghorn ... - • Antwerp, ea-mo. 11. 6 , Genoa es . Flatzburgh . 37 8 2U. Venice ItaLLiv is -Altotia ..37 9 11.1. ' AC' Paris,sday'ssight.2s.6s IL • Naples TO - • 7, 1 i Ditto. 96 85 LU Palermo., - . • 117.11088& cf` • Madrid, effective 37 ,Lisbon 6s Cadiz ffect. aid Jitddro.„ 411 Barcelona ...... ..34• - Balboa, effective 37 • ' Cooks • • ISt ;. •ff , . PRICESOF GOLD ANDSILIia. • ' 5 Foreign Gold in Bars - . . New Donblooni ..... • 18 0 '4 6 :: r , ........... ...... . r. • Silver, in bars; atopdard. • • 4 elf _ MAILS. Aas;pas.'s - • • ,:;-& 1 111ertie Dublin 1 1 France • , 41 4 1 Waterford .0 1 Handeogh'• • - P' GINE USW ina.nlirs Ili. Flinders • • A t ''''w- ..7 Lisbon; • - 0 • 0 Make : • Holland 0 1 . 130esenborgii A merka • .; 0 1 3' 1 0' • .. - r" -14,1 pH- WA T 41. at . 1.011 DOW -BIM DOE To,noipso - • Morning ._: • ~ ..run.sollaosaalfst4" Attendant' . .•' 06 illllOlOlOll/4 4 ' ." lipN ixotprf smitodiici v z= ,141 r. , - 47 4 : : • irki.er . • . her transaction be.twoint *rattles to which the Ater could allude, referred it Io tise hill in question, ntd found a verdict for the plaintik, the Learnisd Judge reserving the point for. the Court above incase the defen4ant should choose to move for a new trial, Mr.SerjesntVaucttaw to-day moved accm dinglt o and the Court granted a Rule rise lot a new trial, RT:7OB AZIZIRALTAT. JO. u• DUNDEK (801640. This was - a - tase of etillfslenl, iff IvititE The Coen on the 4th of-December,'A, proTttnced the libel given in by the complainants to lira prvved,. and co. clenined the other party in thew/taunt Of the damage and costs.. The complainants were owners of a res. ,sel called the Princess Charlotte which was rum down at sea by the Dundee, a Greenland whaling vessel. The damage was referred to the Registra? .and Merchants to report on the .arpourit of the da; mage. That Report was subsequently brought and objections were made to it; on which the Leamea Judge, Lord STOWELL, this day, delivered his jar; went at great length, adjudging that the fisbitik stores on board the Dundee were liable t 6 tontributt to the payment of the damage. Yesterday, an Inquisition was held at the Vestry Room of St. John's, Ilorslydown, on the body of James Wareham, aged 25. • It appeared from the qvidence of William Greenwood, mate of the smack Catharine, of Pool, lying off Davies's Wharf, liorsly. down, that. he was absent from the vessel during the whole of Saturday last, until about a quarter pat eight o'clock, at which time he found on board the Captain, the deceased, and.a boy._lmmeJiately after his arrival supper was got ready, after which they retired to their different births; the deceased slept is the forecastle,. together with the boy. About eight the next morning, the witness went to call the boy, but got no answer.' Aftej haying. repeatedly called him by hismarne, at length he was urged to descend into the forecastle,• and Thund• him breathing very hard, as if suffocating; he then went to the birth of the deceased and called him several times, but Ws ing he. received no answer from, him, SOC4I discovered that he was dead. Oit looking around the forecastle, he found an iron pot placed in a small tub in %%hick they were accustomed to make . a fire, and which he supposed they had taken down . for the purpose of warming themselves, the night being remarkably cold, and they hadincautionsly shut down the hatches, leaving the fire lighted, after they had gone to bed.. Every assistance was rendered to the boy, who ui.as immediately removes' to the Hospital, where he is is a fair way of doing well. Verdict—" Died by stis. location from lighting a fire and imprudently shut long the hatche47 •N id tto 'di'