The British Press; or, Morning Literary Advertiser. — London, England, 1821-04-02 00:00:00

~~ i f , i~+.:s~ OCWARD end GIBBS'S BANSRUPTCE '- . )?.3 a •Ti.,,yr meeting for choosing assignees estate . thiektpatroiss• ran eat held on Saturday, in the tdit . rt of tonsosem Pleas,' ttnihinall. Willie adverttemerret ennonneed the eiselimc to too. plan at twelve for ore.; and bong before use &clad'. numbers .if noxious imlividisals, interested in the 01.1 sone, had ametubled. The Commimisosers arrived Piness• sylvan, at one o'clock, and pretended to open the bud tout thes day by seceiviair proofs of such creditors as kW I proved op previous days. .1 Mr. Harrier* claimed-10 prove fur SAM. ;vetived by this barlsropoi for his nee is December 1820. It appeared shed %1.. Havelock held online* on the life of the late Lord Kirk w in, namely, 2,010 f. in the Hope, tr,+ool. iii the Atlas ' • I:nlaisf. Serioe .tingle, There wa. abardlol. rash. ' "r. alnoilazite said, he on a Soper day opposed Ham . t:ln;in on lire 'Nut of a creditor. :I t i lt, da•a i ' :ilr. Havelnek's Counsel sod, the ANA ,was, he tredelpq stood, opposeff on the plea that these sums had bepo i sill4 ~,,,,d t o a n e lson Nobleman, whom name it wits miaow ' woy to mention, by the lusekrupos, with the authority of "NI,. tii,,,d,no. and 'that the deeds were in a frowned eta,* . f o reparmino. Now he would prove, by y o ung M r . H aven . I., e i s 'a statempot, that an sneh advance bail been made by 1 1 14 father ' s authority, ar ana deeds prepared: and therefore: 7.e comrade] Mr. Haviluck bad a right I. prove sapient the .iantiriepts' estate. • . - .lr. Montague coestessled that Mr. Havelock had no right to prove. The fait, were as fullows:—.The Nobleman in •iliesii.in was indebted to Howard and Gahhe 8,0001.; a ne ,,,,,,aiiins t oo k place hetwern them, and his Lordship under ' • v.,k In grant Mr. Havelock an annuity, and that the 8,0001. ' •71 ilfeir hands should be applied to paymeot of their debt.— Tait a:reneoment was coosainointed to Illenllavelock, and he n e e e,;,•,l to it ; end therefore he conteedert that his Lot d. P •iata hidt'Omil Howard and Giles, and Mr. Havelock must ? leek to his Lordship. The Commis , . ..... er *shed whether the bankrupts hail acted an-oolitic to their nolsoritektedmintiog Ike 8,0001. to . 1;:s Lordship without sorority? 'Mr. Montagne coeiteml74 they had. ~,. , • 'Chi Cosesniasioeser asked if there wee iNhier that Mr. Have lorlogave say authority to advance tie money without se ce-ity! Hr. Montague wished to examine Mr. Ilanlork, jun. as to floe trionseima. 11/r. Ilaveliwk, jail. slated tint he bad • letter from Lord dt Fv'ey, glirsy•ne•ny knowledge of she transaction. • The Comensslioner asked the anontitaist if any slim ep. :awned in Lord Foley. accosted enrresponditsg nob this rum' The seementant answered to the negative. Mr. flarelisek, jiso. then prodneed a letter, which he slated 't received from lord Foley two days after Mr. Gibbs had es e:Pli that lord Foley had signed the ausissity•dred, in which Pv• Lord;hip declared he had no knowledge of Mr. Have . Jut-Vs wish to advance any money, or wis Mr. Havelock's ' si ime in the list of amenities then lying b. fore him. The mono of lord Foley said, as his Loidslop had been ienjilicaied, he trotted the Cionnsis-ioners would permit I to state that Lord Foley deeded the whole transactiou on • which Mr. Illoongue's statement ou made. Mr. Gibbs was then examined, sod stated, that lord Foley 1 741%74 then a alum filliliiiierablY beyond /4,0001. The bank. raps. hail bee,i agesit4 for Lord Foley many 'ran. %Titus as tint chink it war likely he made any direct consmunics. thin to his lordship on else subject; their way of train ee. inc business for his Lordship sae to procure him a suns of money, cad then to present biro with the assesuity.derds to si,r7t. , . •• By the Cemrnisitioner.—H34 you any authority from Mr. e V iv-clock to serener 8,0001. for him to Loral Foley, without proviostaly detaining Lord Foley's security ? • M r . Ciblis- 4 Certainly not:' • 'Hie Commissioner—, Then there is an end of the case." ' Mr. tlsvelnrk was then admitted to prove. .. • ' lord Foley's agent observed, if the creditors expected #ie "make twenty shiltincs in the pooh iof Lord Foley, they would iseletialikeh. loot Foley did nut owe the bankrupts , emote a single shilling. An objection was then made to the admission of a former day by the Commissioners in favour of Mr. Catrol. rho had been allowe4 to prove for something more than 13,0011!. 'llse Commissi tttt en said, that having once decided, that decisiou could uoly be rewind au a petition to the Chan. cellar. The egeat far a creditor present said a petition to the Chancellor on the subject was prepared. • The Commissioners then deviated they would take no more proofs, and desired the creditors present to proceed to • the choice of assigures. ' The confusion here became great ; two lists were handed round. The first consisting of Mr. Campbell, Mr. Wilkie, timid ,Mr. Deem ; the second Mr.Sbaw, Mr. Carrdi, and Mr. iltersan. The same gentleman whit staled that a petition to the Ch sorellor was already prepared, wow cantioned the credo :iota lot to mate for all iadi Ilidela I olrosesiebt stood ou so ~ suspicious a foundation. A creditor present asked this person if lie was a creditor, • sod beim: answered in the Negative, ohjected to Isis speaking • monism say creditor proposed as assignee. • . The agent paid he attended for it creditor. 'Fbe Corausissioner—" That creditor should have attended himself on this important occasion." The agent —" He it present, Sir." ••.' The Commissiosser- 4 Theo he can speak for himself." Mr. Herman said, if chosen, he would not act. • The Commissioners observed, whoever was chosen must accept she trust before lie onitted the Hall. The creditors present then proceeded to sign the different Mist*' Mr. remark's mime having been withdrawn, Intl Mr. Duff's inserted. Tile list for Wilkie, Camphetl, nod Davies, . was signed by creditor* to the amount of 18.7361.. ; but that - ill Carrot, Shaw, sod Daff, by csediturs for several thousands ''Biwa. 7 ,•ibeCommissioners therefore declared the choice of sasig jandsie have fallen on those persons, and signed the warrant ;:lisdisrehisigly. the meeting then acijourned. .air, - --__..... --..--...- "7.777. • ' 11 1 41'AL IN7'ELLIGENCE. PLYMOUTH. NAMUR 20. Arrived the Neplnnsta, Firmer, front New York for Havre, sailed Sib February, and csperienceil very heavy gales. Sbe has suffered considerably iu her upper works, sails, rigging, Irc. Also arrived the Wellington, Brown, from Shields for Oporto. witcrre, MARCH 30. Arrived off the port the Pima!, from the South Seas. PEAL, MARCH 30. Arrived and sailed for the River, the Mars, Joy, from lUiriadure. Arrived, and remains, the Clarissa, !Cog, from Amster stont,lor Cowes and Batavia. Sailed the Orient, Wallace, for Madras and Bengt(; and Gorge and James, UM win, fur Afriia. Came down from the River and remain the Jame,. %Yeller, fur St. Jollied ; Vittoria, Southern, for Genoa ; Hoek, Whit. mac for Ashen* ; John Howard, Smith; snit Amity, Campbell, for Qiiebec ; Cadnina, Appleby, fur Bombay ; Thames,- Marshall, far New Yuri. ; Lady Msekwnrih, Capes, fur Honduras; Pilchard, tlYileork, ;or Africa; Loud on , Davey, fur Quebec; (;list, Allen, fir &aquae ; Ceres, Thninpoon, fur Africa; and Nimble, Wishard, fur Cou atantinople. PADSTOW, Ahem 28. Arrived Miriam,. Austin, from Waierford, fur Shorrbats% wick loos of bulwarks, boom; sails and riming. . - ROBSERY.—On Friday morning, the family being out of town, awl the house left in the care of ••female servant, 'sine villains, during her tem-. por.iry obeeuce out on hinnies., found means to center, and succeeded is carrying otf . all the family rte; and ether artieles of value, belonging to the firmly of the Haw. Mr. STA:NOWT, Miii;ster of the German Chapel, in the Sevoy, with which they effected their claire without discovery. • • SUSSEX LENT ASSIZES, • iligdmi Mr. aIMINIP WooD. oirt • - ' 1 •3o Pt • yy 1841 - • lioasuAti, watcn 26. CIVIL iIDE.—CARELESS IPariVIP. RIDDLE. This was a special a/oo* on the case against the Defendant, for ritling-hishorse with greet violence against the Plainbirs wife, and forcing her 011 the ground, in'cosistquence of which she became great ly injured in dire person and health, wherthy the .Plaintiff was pat to great expense in her necessary , cure, end lost the comfort of her gorier' , for a long -space of time. The Defendant pleaded the general :issue—Not • Mr. Guatsee stated the case. The Plaintiff complained of a grievous injury which his wife hail sustained, in consequence of the gross negligence of the Defendant in riding hi. horse ; and of was so he hoped that the result of this raw, would have_ a beneficial effect, in correcting that carelessness and indiff:rence which was but too trequeidly exhibited by persons riding and driving at a fu rious rate through crowded streets, to the Muni. nent peril of their fellow-creatures. The Plaintiff wasat revpectable tradesman its Loathe.). In con sequence of an attack of rheumatism in one of his wife's wrists, he had, in the mouth of July last, taken her clown to Brighton for the benefit of sea sir and hathitog ; and having placed her in a lodging, with a young fend; fit...o, in Griot Russell-street, ;tear the West Cliff, re• turned to London. On the evening of the 28th of July, Mrs. Paul was returning fnitts walk, with her young ft icor!, and was erossing the street in which she lodged, being then only few puree from the door of the house, when the 13efroulant on a horse rode at arrapid pace up the street, turning short lit the crosiers the street being narrow, and before she lathes rout., get out of tide way, rode against, reistated, trod knocked them down, he continuing his pace up the street without stopping until the epertatorri cried our, " Shame ! shame! The fellow ought to he knocked off his horse." The ladies , were immediately take., up, and Mrs. Paul was carried in strong hysterical tits to her lodging, and medical advise being sent for, she was immediately ordered to lie put to bed. In a few hours her fits turned in all alarmingleli rium, and before morning she bad all the symp toms of confirmed insanity ; so much so that she was submitted to the restraint of she strait waist coast, in which it was found necessary to cos.fitte her for several months afterwards. At this time she was advanced in pregnancy of her first child, and at she time of parturition was in a state of confirmed lu nacy, which manifested itself in venous ways. It a as true she was sensible that she had become a mother, but so disordered WIN her mind, notwithstanding the tender iuf arncr of such a tie, that she ordered her infant to be thrown nu the lire. and finding that her orders were not complied with, she jumped out 'of bed, tend probably would have sacsificed the child had she not been confined by the waistcoat. Fur •ix long months she labaseted under this dreadful infirmity, until. happily, the great s kill of het ph_j• eician sod surgeon restored her to sanity and te,,a state of comparative good health. This utifortunalo transaction, and its melancholy consequences , . neces sarily subjected the Plaintiff to enormous expense. His original intention was to leave his wife only for a fortnight at Brighton, hut it was found impossible to remove bet omit site was restored to health. Ilia business required his plesesice iu London, but the natural anxiety of a husband under aunt circum stances required that he should visit his wife at least once a week. *Else expenses of travelling for this purpose justly formed one of the iteina of ac count against the Defendant. in addition to the charges for extra nurses, medical advice, lodging. &e. the whole of which antouoted, at a moderate calculation. to the sum of three hundred and eighty four pounds', for which sum the Plaintiff was enti tled to a verdict, betide a compensation in damages for the loss of the comfort of hie wife'ssociety during her long•peotrected illness. Ile was at a lota to ima gine what defence could be offered to the action. The llefetsdasses own conduct at the time of the ac cident manifested a degree of indifference scarce l y credible of any man under entailer eircunistauces, sun evinced u consciousness of misconduct, for he did not attempt to stop until the spectators cried out "Shame !" at his improper roe of • BO his subsequent want olsympothy:ia the sufferings, in scarcely deigning to,isujuire after her health, was tolerably strong proof: of. inn proper conduct. It would be proved that _when spoken to by a. friend on the subject, lie said it was It bad job, and acknowledged that lie was in fault. Under these circumstances the case was scow pre rented to the Jury, who, oo doubt, would do the Planta that justice which the case demanded. .Miss Elizabeth Mary Bevern, a relation of the Plaintiff. deposed to the following effect :—The Plaintiff is a cloth-presser, residing in C..leinaii- o vert, London. In July last be left Mrs. Paul and myself in lodgings in Great gussell-street, Brighton. Witness then proceederlmtdeseribe the ' circumstances of the injury and ile•ponsequeucee as stated by Counsel. Mr. John Williams was at Brighton in July Jest ; 1 pin the Defendant riding at the rate or eight miles an !tour; he was illrllll% rouud the corner o f Russell-street, and in a few mitiutes afterwards he perceived Ilse two !edit., on the ground. • William Nicholls examined —I am a stableman. In the eve:snug of the 281114.1Ju1y hurt I was stolid tog at the corner of Great Russell -street, Brightest, with Iwo other !tenons, named Hobbes a n d Mlles, and I ow the Defendant riding round the corner of the street, at the tate of beta coo wren sod eight miler an hour. Instead of keeping the horse-road its turning routid the corner, lie struck across the footway, and I was obliged to draw back quickly for fear he should ride over me. I saw the heft shoulder of the galloway come in contact with Mrs. Paul, mid knock her down. Miss Ilevern stumbled against the railing of a bowie and f-11. It was im posoble fox the ladles to got out of the Defendant's way from the manlier of his turning the comer. Upon the ladies being knocked down. lie went on 40 yards before he could pull up, and tneis he Welled. I called out myself to hum, and amid lie ought to be ktrorked cff his horse fur 'idling so fast tumid the corner. I picked the lady up myself, and carried her into the house. She was in hyate tics, and I held her. I had seen the Defendant several times berme on the same noise. Cross-exam/N.61.—1t was a horse shout 13 hands high, and stood at livery at the Nelson Mews, it, Great Russell-street. The horse's shoulder towels. ed the lower pert of the lady's shoulder, aortal,* ,fell upon her left tide. The man nansegl MON ' Mist via. with me, is gone to sea. ~ . .:11, 1 ; Abraham Hobbes, exam/recd.—l live at Brighton On the 28th of July, in the evening, at eight• 141 'clock, I was standirig with the last witness at the corner of Great Rnssell.street, and I saw the. De feudint riding roitaid,the corner, at the rate of eight miles an hour. lustre(' of keeping the horse road, lie made u sharp turn over the foot pavrtnent. I saw the ladies knocked down. They could nut wan. bly get out of his way. 1 bold him he ought to be knocked off his horse for riding so fast. 1 went tip to assist the ladies. The last witness and I cowrie(' Mrs. Paul to her lodgings. 1 dill not go into the house. I saw the Pl.iiihrt's attorney Lot Satur day, in coast (pence of an advertiseineet its the pa pars. Mr.. Mary Griffiths, of Great Russell-street, Brighton, plover' that the Plaintiff paid her 39/. 7.. 61. for Itelgingo, during the time of his wile's illileas. Mrs. Sarah Pengrce, prover! that the Plaintiff paid her ten guineas fur - nursing his wife, during pelt of her illness. Mrs. Oxouboll, a monthly nurse, attended Mrs. Paul thirteen weeks, and received bum the Plain tiff fifteen guineas. IVlr. Put. a surgeon .of Brighton, proved that the Plaintiff paid himself and portlier 74f. for in tending hi. wife during her illoess.—Cros.-exa mined. Witness had learnt that Mrs. Paul's mo ther was subject to mental derangement durieg pregnancy. It frequeutly happens that ladies in that state are liable to derangement, particularly from any extrinsic exciting cause, huwever trifling A prick of the huger will produce that elk'', where there is a predisposition to ',fissility, I hereditary taint. Sow no marks of external sin 'nice on Mrs. Paul's person. • Dr. Gibney, of Brighton, received from the Plaintiff 441. in fees fur attending his wife, which be did daily, and sometirms twice a-day, during her ill ness, which was decided insanity.—Cross-examined. Did not learn that the lady's mother was so afflicted during pregnancy. Insanity is a very rare occurrence in midwifery clues. lie never knew an instunce of it, merely froni that cause. There was iro appear ance of external violence on Mrs. Pour,' person. She ass not recovered from her *mental disorder until lung alter parturition. She got well very slowly. Ilene the cote for the Plaintiff closed. Mr. NiAItitTATT addressed the Jury with his usual ability, on behalf of the Deferirlant, and „endeavoured to show that his client was not the immediate cause of Mrs. Paul's malady, which be suggested must be attribute.' to hereditary mad sites, operating upon the state of her frame during pregnancy. There was no Kea of externet vio lence on the lady's person, and therelOre her falling must have arisen from mere fe bbb i t line fear, without any adequate physical cause. It was quite clear that the reckoning against the Defendant woe greatly swelled, mid the Jury must be quite satisfied that he was not at all 'noble fur many of the items of the account brought against him, lie was certainly not the cause of the lady's pregnancy, and she would certainly have been brought to bed in slue time, notwithstanding the misfortune imputed to the Defendant. So far then as the case went in this respect lie was not answerable; for the Plaintiffeould not compel him to beer the expense of any part of his connubial joys, or their consequences. lir all rectos, the Jury would look with a strict eye' to the account. sod give such moderate datuages as would inertly satisfy the justice of the case. Mr. Baron Wool) charged the Jury, that the Plaintiff had clearly made out a claim to 3941. fur special damage, if they should be of opinion that the Defendant had hero guilty of the tortuous act, imputed to him. Ile was also emitted •to tonne thumps upon the allegation per quod consortiums andsit. . The Jury, after consulting together for a f e w mi , nutes, found a reedit... for the Plaintiff—Damage, ' 3001. Cobb', 405. . , - •. KENT hpror eISSJZES. Bel Vora the LORD CUM, IllAitori and a Special Joey. • CHATHAM FIRE. COWEN V. MASER. - This was an • tictioss-of trespass for palling down • • two-hituns. in order to ship the progress of gene ral conflagration. The declaration stated, that the Plointiff, being possessed of two leasehold nies stiages. by aineignment, for 21 year'•, the Defend ant demolished, pulled down, and destroyed the antic, without leave or license, to the great damage of the Plaintiff, who, by the covenant of r the lease assigned to him, was bound to. repair • and upheld the renting. mid pay rent to the so . 'tenor landlord,"duling tire • time of the demise; and to his (anther damage. by Inas of the rent paysble to hie by his yearly sub-tenants. The Delendant I. pleaded the general issue—Not Guilty. • Mr. Srrjeaut ONSLOW stated the Plaintiff's case. The Plaintiff was a person of substance, residing at Chatham, sod was the owner, beside other put petty. of two leasehold houses in the-High-erect of that town, which were underlet by Nita to two yearlyresiants, named Wray and Lucre. The De fendant was a man of considerable wealth and re spectability in the same town, and by business sit architect. No blame was imputable to the Defend at( as to the motives which induced him to com mit the act of which the Plaintiff complained, because it must be admitted that lie acted tinder the impulse of good feeling at a time of general con sternation ; but if, from want of due caution, or the exercise of a amend judgment, the Plaintiff sec tanned II grievous injury, lie had a tight to enforce his .legal remedy against the immediate author of that injury. Ow the night of March 3, last year. a dreadful fire broke out in the house of a baker, in the High street, Cheatham, on that side next the Medway. At that time the waid was blowing very strong from the north. and in a very short tunic the flames consume* the house in which the fire COM. mewed, and esusing thst street, de►troyed a great many other hoed& kosuristodOrs which fell a s -. .tea u.. - - • • , tim to the devouring elemeut, _wet; the mansion of Mr. Best, an opulent brewer s 101, in a slight degree, the lire rommuniceted to - his brew-house, imme diately 'adjoining. Upon those premieres was -very extensive reservoir, which was not only fun, but actually overflowing with water. Next to that wets a strong brick built house, inhabited by a Mr. Whitehouse, and a strong brick wall trepanned Mr. Beet's, store-house from the dwelling-house of • the last-mentioned gentleman, whielt was almost fire proof. Beyond Mr. Whitehouse's preitti.ts were situated the two houses of the Muir - 161T, whirl, were composed of lath, irlaster, and timher. Nest to them was a strong-huilt brick house s and immediately beyond way a very extrnsiee distillery, in which was a large store of spirituous liquors—to guard against the dernolitton of which, it seemed, the tees pass now complained of was ro he justified. The denature bets ern the Plaintitr's houses and the spot where the fire on Best's premise: -topped M 54 3(3 feet, atalno gaitempi had hero ninth. to demolishany 'sodd ing in that sinter previously to the destruction of thos e houses. (littler pretence that this measure was neves vary for the nrevervation of the town, a horsily of sip. pens and mime's attached to the Royal Artillery corps was immediately employed to effect the work of demolition. and the houses were actually pull ed down, although at such a distance from the tire. Was such it proceeding its cessary ? It would he proved that it clearly was not. •The wind was iit that time blueing front the th, and cerrying the Homes southward, the Plaititilrehonses being situ:s led to the eastward is a direction from the &mere There was. therefore. 1111 immediate, or Stets re mote necessity for so sluiced a procedure. By this 114.:t of violence the Plaintiff completely lost the houses, which, by the coveintota of his lease, lie was Isound to repair ; and he also lost the tent, payable by the yearly ten:tete to whom lie had 1111-• &del, /115(1 for which he was snows-Fable to the su perior landlord. His claim to damages, therefo e. 'mist have reference to these losses. It was true that the Plaietilf had inserted, in the Eagle Fire office, in the amount of 4501. Ile had applied to that office for compensation before he thought of making the Defendant answerable. The office, however, Ilion ;ht proper to stand on their legal rights, and refused to pay, on the groom! that it was not a lots within the terms of the Solomon Lucas, one of the Plaintiff's tenants of the houses in question, at 201. a year, remembered the fire of the 3d March last year. It broke out a few minutes after two o'clock in the morning., and burnt several hetises towards the river, un toe north side of the high -street. The I° , o number of houses burnt and destroyed was forty. 'lite fire reached Mr. Don'ts premises about four in the morning. Witness was then watching the progress of the flames, when the Defendant, Mr. Baker, came up to him, and raid, " You must move out immediately. as these two houses must come down." IVittirss said, "Ton ktiow lasi." 1)e -fendant asked if the premises were insured, and witness answered that he believed they were. Copt. Smith, of the Royal Engineers, then came up, and Defendant said to hint, " These are the two I sea you are to pull down," pointing to Plaintiff's houses. Capt. Smith then came to wittiess, and ask ed him for an indemnity. Witness said the houses did not belong to hen, and this', therefore, lie could do nothing i.f the kind. lie 'lien svrid into his house, and packed up the must valuable and port.- i Ile things belonging to him, and iii live minutes tlre bugle suuudrd for the tappets and miners to cons nienee operations, which they did forthwith, cam 'voicing at the tap of the houses, and in a short time they aerie levelled to tier ground floor, wl.ich was permitted to remain. WitlieS4 called out to tin men iii the course of their work end desired them t o cease, us the progness of the fire was 'topped. Next day the witness heard the Defertielant say in etonverwatiun with another person. "These are the two houses I ordered to be pulled dorm." The Defentlatit is a director of the Kent Fire Offal-. lo witness's judgment there was no occasion to pull 'down the houses, its he had no idea, from the state of the swim!, awl the other intervening premises, that the fire could have reached his dwelling. 'Flue fire stopped between four and five o'clock. Wit hess is brother-in-law to the Plaiutiff: M r . J ew , s a ll ey, who ovenpied a house ad j g those of the Plaintiff, heard the Defendant distinctly order Captain Smith, of the Engineer., to pull the houses down, and told him, that if he could get one hundred Intik on them, the sooner they were levelled the better. Ile afterwards heard the Defendant ailnii., at • meeting of the Kent Fire-office Directors, that h e b a d or d ere d t h e houses to lie pulled down. 11'iteirss was clearly of opiiiiun that there was tin occa to pull them down, considering the. state of the wind, the pro gress of the flame., and the locality of the houses. Mr. Newman, • surgeon of Rochester, deposed, that in his judgment there was no necessity for pulling the hooves down, the wind being to the . northward at. the time the order was given, and the Louses being situated to the eastward. Meade, • fireman of the Dope Fire linter.. once, has bee.. a fireman for 21 years in the service" of different offices, and was well acquainted with the mode of extinguishing flames. 1-le did net arrive at Chatham until the evening of the 3d of March, at six o'clock, when the flames were com pletely extinguished. Ile saw the rains of the Plaintiff's houses, ■nd, in his judgmen►, it was not necessary to have pulled them down, and, had lie been on the spot when the order was giver., - they ►hould not have come down. It was not the practice of London firemen to pull houses down. 'Mere was water sufficient tor W. Best's premises to have saved his house, had it been used, and no engine was necessary for the purpose—and mote than enough to have delaged the flames, even with a common hove attached to the revervoir. No ad- ---- tantege could have been gained by pulling down the Plaintiff's houses, because, if the adjacent buildings had caught tire, being much taller, the distillery would have been equally in danger. John Ware, a fireman of the Eagle office, was decidedly of opinion that it was not prudent to pull the houses down. Mr. Edward Smith, a hatter, of Chatham, said, that the wind had veered round at the time the order was given for pulling down the houses, and carried the filmes in quite a •outrary direction from them. There was not the least occasion fur pulling the houses down. M. Stevens, a solicitor of Chatham, was pre- _ .- sent at the fire, and, Nat the state of the kind said the direction which the &mei were tekiaar tiler, was nothing to justify the act of pulling &was the houses, because nu utle.tutage coul4 be gatnetY by such a foroceetlitig. ..):, Mr. Beethans, Secretary to the Eicie Office. deposed, t h at ehr - Plaiittiff had insurett,the housa-s in that Oficf P for 4Set AmAertfhi;• - sr a 4 made by the Plaintiff, at frit' week 4 'ti4erlfie"ll4. to pay the In-s, hot the offier.deekledftlectierif romlAY, hecutt*e they dui not think ' l theisaglikes. liable. . Ilere the Plainnfr, e sa , c l ose d. Mr. NIARRY AT r .ititirts*.ll the JuryJury•nh behalf a the Defendant, Mill Opelied two headsaif derroce : find; that in point of fact Mr. unite !lid siol even any order for ;milli** dawn. the Itoiver in rinestioy, but that the step "I.os token u one ofinsminerat .sei&rs sity, in introit tact (tribe unanimous advice ;mil vi llain untie MabOotracy..theCanatteastlaoi of *legit ri sou,. and several oilier respectable peroottri,"!l.o4, certainly consulted wills the Defthidarit as a pqnni whose judgment might he retied upon, at a 4nO. meat when serious appr.lteaainaau ware entertaiiwri fur the safety of the luau ; soil sieotiol, nou ns _ ins that the order waagivers by the D,-feinlatit, yet, if given Isom r fide, and n'ittt a firm belief that lc! fd the best under all the circumstances, though mistaken in his judgmeht, still he would not ti dire 111 this action. Ile elniuld distinctly prove, that the resolution of pulling down the houses wa formed, after mature conaideratimi, by the respectable per sons to whom he alluded, a 4 one, whi,h, Muster the alarming appearances of the lire, was the belt calculated to louses -ye the whole town from that de struction with which it was threatened. If thi. Act was ertablishril, there could lie no doubt, in point of law, that the set complained of was pert - .:e& fle had the highest authority, both ancient aind modern, for this poWniusi. to sunk to state of thins, it wits 'warmly lawful to pull houses for the benefit of the common weal; and ow this print iple he was prepared blowfly to etajteti4,, that the Defendant', conduct was not 0017 Gable butt praise Worthy. Adveiting to the cos/- duet of the &tele Office, its refusing to pay• the loss, lie would vetitine to say with ronfidento, thlt • there was no - other Ftre Instinitice Cronpany to the tenantry which nimbi have hesitated. lOr a MOtOrle iu paying such a loss, under such circumstances. without regard to Hive, legal, and ii chair:it flow far it. we. fur their own interest, end for the character of their Company, to refa•e pay ing such a paltry soot, they were them:tellies the best jades, trot no man coo lit entertain a &unlit upon the conscictit a and hotanir of the demand vs against them. Ile had little dentin theta. agsiivit Mr. Baker lie lead a clear defence, tea the grounds already ineutioned. Srt eral respectable witnesses were then escarmint en behalf of the Defendant ; and, amongst ether.,, Mi. Alderman Manelrak, 0r It.,ctiebitr ; the Res. A. Browne, a magistrate; John Trebe, high eclo stable of Chatham; Pasley, of the Royal &glowers ; Mr. T. Hoowne • survoyor ; al.d T. Wells, no ag.-ett to the Knit Fire Office. The ',tarpon of their evidence was, fir.t, to *hew that the order fur pulling down the houses mai founded upon a rrsolutson of the ',notify-4100i tants, and not on the individual suggestion ot . the Defendant; and, seemid, that it was a measure of urgent necessity, under all the carcusustaison of the c. 0.5 . ,. c•qt. Act Mr. Serjeont Otsvt.ow replied with greet ab f Aty. The LORD CHIMP BARON summed up the ape for the Jury, directing their ottention to .the too proposititnis to winch the evidence on iseiti tiara lisil been addressed list, Mod the nyder torts in fret given by the Dehinfsnt ? mt. , ecos,d, War it justiti4ble on the ground of necessity ? The Jory rosin., their verdict fur the Plaintiff--. Damages, 320/.—Ciosts, 40s. MRRTING OR CRKDITORN •AT OffILDH.4III; TO-210111110W. R. 1r - R. Wood, Kendal, bookseller 3 10 J. B .111,m, esiderbiiry, linen-draper IV. Hodges, Newinglon-causeway, straw hat-maii•- fact twee G. It. Johnson. Chimell-street, oilman T. and T. Field, Trinity-vinare. flour-fartors 2 It J. Wilson, Macclesfield, booksslli r 2 I M. Sedgwiek, London, wnreliouscensn I Itt A. Hellmann, bite of Mincing-lane, merchant 1 14 J. Dockland, Newt arile.strert, eirpenter DIVIDENDS. G Miller, Wistfing.street, earpet.agent W. F. A. Dilfmer, Berrers-street and New.sireet. jeweller 11 K. Finrb, Crulehed-friars, wine-merchant IL A. Mowbray, G. 1.. Hollingsworth, J. Wetherell, %S. Shields. W. Bolton, and W. R. Stoker, of Durban, Dialingtow.llll44, add London, bankers ..... ... • 171. PRICE OP CAN DIEN, From Tallow Chandlers Hall. P, ire of Candles, per doses, 10. Od—tdoulda,ll• 6J. 6.1. per doze. allowed fur ready woosey. ON SAI URDA Y. New Annuities.... 74k 111116,e..par. pa.. Cuus. rt.r Aet.:l4l • BIRTH. • e, l On the 30th alt, the tidy of Patrick Power, Nog elm daughter, at his sem Gal . ..ids Nstl , s u ij o ik. MARRIAGES. Oa the 10th alt. at the English Amhaststlnes, at Paris, Chevalier des Pallier", Aide-a... Camp In Lit Ili -Getters! Comt Pustosmcati, to 11Lv Cat ohne Roper Corson, daughter o f H. R. Corson, Esq. lieut.-Volum I of lite late regiment ri ford Volutitet es, and timmerly of Waterpersy Howie, tis fordslure. George Thompson, El. (of the firm of Drnry, rinio! *nu, and Co ) of the Soathwark Brewery, to Sarah, t daughter of Mr. J. Rulph, of Litiley Greco, Great Waltham, Eaves. DEATHS. On Saturday morning of a decline, in her 26th year, Mita C. S. Talbot, at the house of ber cant, Mrs. Johnston, Cheap. aide, Ott the 25th ult. Mrs. Priscilla (Jumpy, of Eirlheni, prat . Norwich, wife of the principal in the eminent Norfolk and Cambridgeshire banking firm. On Friday, at Dublin, Alderman Merrdyth Jenkin. Out Werliteollay last, to uncut' the almshouses at RearlinE, Anthony Webb, at the advanced age of 89, fumed, Nu. priettir of the Reading Warms. --- HIGH WATER THIS DAY AT LONDON BRIDGI Morning 31 after 12. I Evening 2 after I. prw a Lo tad as aiNl oski. noMhbod , No t . t .m 72l7=rl ; co Ut er sell E T l. H L E , of Me es • - • ._ ~ - . . " • , a PRICE OF S per Ct. Cults.... 71111 7 lii 5 per 11. N. An. loqii - India 80nd5..4.5 46 pc, I ?4.; ..._.. . , :_~