The Northern Daily Times.
Liverpool, Merseyside, England, 1856-08-27 00:00:00

NISI PRIUS COURT.-YESTE RL AY

Mr. Baron BRAMWELL entered the court at nine o'clock.
PETRIE V. FLLIS —This was an action to recover the
amount of a policy of insurance, effected on the plaintiff's
behalf with a London underwriter at Lloyd's, on a quantity of
gold dust, nuggets, sovereigns and notes, alleged to have been
lost from on board the plaintiff's ship, the Orpheus. The
defendant pleaded first that the plaintiff was not interested in
the gold dust, nuggets and sovereigns. Secondly, that they
were not on board the vessel in question at all. Thirdly, that
they were not lost. Fourthly, that the supposed loss was
occasioned through the negligence of plaintiff; and, fifthly,
that the defendant had been induced to suk.cribe the policy of
insurance by the fraud of the plaintiff. Mr. Watson, Q.C.,
Mr. Hill, Q.C., and Mr. Melhuish, appeared for the plaintiff,
and Mr. Sergeant Wilkins, Mr. Athet ton, Q.C., Mr. Picker-
ing, Q.C., and Mr. Blcckburne, for the defence. This action
is one which was tried at the last assizes, since when a com-
mission was sent out to Adelaide, by the underwriters, to
enquire into it. With the facts of the case the public are
already tolerably familiar. The gold dust &c., for which the
plaintiff sought to recover, he alleged to have been lost upon
the passage of the bark Orpheus, from Australia to London.
The plaintiff was advanced in years, having entered the Royal
Navy in 1807, and served until the peace of 1816, when he
entered the mercantile marine, and commanded vessels for
several years. In 1852 the plaintiff, with the assistance of
his brother-in-law, Mr. Grimley, a merchant in Liverpool,
purchased the bark Orpheus, of 350 tons burthen, for the
purpose of making a voyage to Australia, with a quantity
of provisions, and a considerable sum of money ad-
vanced by Mr. Grinley. Before sailing, lie engaged a
number of seamen to proceed to Australia, and there to go to
the diggings, under his command. The vessel arrived in
Adelaide in July, 1852, and a party went from her up to the
diggings there ; but their search for gold was not successful,
and therefore, in September, the plaintiff advertised the ship
to take passengers to Melbourne. This was a successful
speculation, according to the plaintiff's statement, for he
realised about £1,400 on passengers, besides a considerable
sum in the sale of stores. The Orpheus was then laid up at
Williamstown, because the seamen refused to make another
voyage back to Adelaide. The plaintiff then purchased horses,
drays, provisions, &c., and, with the party under his com-
mand, started off to try the Melbourne diggings. He stated
that he took with him, in addition to provisions, about £1,860.
An agreement was drawn up between him and the party, by
which he was to have a certain proportion of all the " findings."
In a short time, he purchased a considerable quantity of gold
dust, and obtained a further quantity by the barter of pro-
visions. Finally, he returned to Adelaide with the gold dust,
leaving the men at the diggings. He made two successful
voyages between Adelaide and Melbourne shortly after. Ho
prepared then for a homeward voyage to England, and, before
sailing, wrote to Mr. Grinley to effect an insurance for him
upon the ship and cargo. He packed up all his gold dust,
sovereigns, nuggets, &c., in two boxes, which he kept in his
cabin. The vessel, in due course of time, arrived in the
channel, the wind being eastward, and a heavy sea running.
It was about the 11th or 12th of May she sailed from Mel-
bourne, and arrived in the channel on the 12th of October. The
plaintiff then stated that when about mid-channel, off Ply-
mouth, he was called up about two o'clock on the morning of
the 13th. It was dark and cloudy, with rain, flashes of light-
ning, and a heavy sea. Had a blue light burned to avoid the
chances of collision. He took the blue light himself out of a
box in the cabin, and gave it to the officer of the watch to
burn. It only burned for a short time, being injured, and
plaintiff therefore went below, got another blue light, came on
deck and struck it himself, and it burned the usual time.
Shortly after he perceived a smoke issuing from the cabin, and
rushing down saw a blue light burning there, and several
articles in the cabin on fire. Called for help to a passenger
sleeping in an after berth next door. Seized the blue light to
put it out, but as he was becoming blinded with the smoke, he
seized the two boxes of gold and rushed on deck. He was

' about to put them into one of the boats, when, the deck being
slippery, he fell against the hencoop, striking his head severely,
and the two boxes slipped from his hands and went overboard
The fire was subsequently put out, and when witness came to
London he applied to the underwriters, to whom he gave every
assistance in obtaining all possible information, but nothing of
the lost property was ever found. The underwriters refused
to pay the amount, on the grounds set forth in their pleas.
The insurance was effected by Mr. Grimley, in London, on
the 24th of February, 1853, and the amount claimed by the
plaintiff was £3,800. A large number of witnesses were
examined on the part of the plaintiff, who established col-
laterally the fact of his having had the gold dust and nuggets
in his possession, having had the boxes made to contain them,
having had them on board the vessel, &c. Mr Sergeant Wilkins,
on the part of the defendants, stated that after the evidence
which had been given that day, his clients did not feel justified
in any further resisting the claim. The case only afforded
another instance of truth being stranger than fiction. His
Lordship expressed his full approval of the course pursued by
the defendants, after the evidence which had been produced.
The defendants were decidedly called upon to sift the demand
in the first instance; but the evidence now produced fully
made out the claim, which the plaintiff was unquestionably
justified in pressing to its entire amount. He confessed that,
having heard the case incidentally spoken of, about a year
since, he thought it an extremely improbable one, but ho could
not resist the evidence brought forward that day. The jury
accordingly found for the plaintiff This was the last case to
be heard, and his Lordship therefore discharged the jury.
This concluded the business of the assizes.

FATAL ACCIDENT ON BOARD HER MAJESTY'S SHIP
CR ESSY.—PORTSMOUTH, Friday Evening.---This afternoon,
an inquest was held on board her Majesty's ship Cressy,
lying at Spithead, on the body of Thomas Barnes, an able
seaman, who came to his death by an accident on board
that vessel. The jury was composed of officers, petty
officers, and able seaman of that ship, there being eight
seamen and four officers, W. Swainson, Esq., the Admir-
alty coroner, presided, and the jury viewed the body.
which was lying at a spot adjacent to his berth. Fredart.i,jc
Norris, an able seaman of the Cressy, dennsed that
on
Wednesday morning last, between eight and nine o'clock,
he saw the deceased in the rigging of the ship, where he
had gone for the purpose of 'loosening the sails, as the
wind was blowing a heavy gale at the time, and he
endeavoured to catch the futtock of the rigging, to enable
him to get over, but he missed his hold and fell. On
coming down, his feet caught the yard tacking, and he
fell head foremost on to the deck. There was no person
above him at the time, and he thought the fall of the
deceased was entirely occasioned through missing his
hold of the futtock. He was a perfectly sober man,
The jury unanimously returned a verdict of accidental
death,

MARSEILLES AND ITS PORTS.—The two ports of
Marseilles are so crowded with transports which have
arrived with Government stores, and merchant vessels
laden with wheat from the Black Sea, that the mail
steamer Gange, which should have sailed for Constanti-
nople on Monday afternoon, and the Alexandre, having
on board 600 troops for Algiers, were detained until last
night. The Prefect of the department has in consequence
published the following decrees, dated yesterday :—" We,
the Prefect of the Bouches-du-Rhone, having read the
report addressed to us to-day by the Captain of the port
of Marseilles, relating to the overcrowding which exists
in the ports of this city, and the obstacles to commercial
operations which result from it, and particularly to the
free circulation of steam vessels charged with the postal
service as well as to the landing of grain,—decree, that
from this day and until further orders, all ships of 80 tons
and upwards arriving in the port of Marseilles shall stop
at the quarantine harbour of the Frioul, and remain there
until they shall be advised by the authorities that they
may be admitted into one or other of the ports of the
city."

-YESTERDAY,

POLICE COURT
(aftronx ➢IR. DICKSON

THE CHARGE AGAINST A FOREIGNER.—Louis Albert,
the foreigner who was remanded on Monday, on a charge
of entering the King's Arms Hotel, with intent to steal,
was brought up. Mr. Bluck appeared for the prisoner,
and said he was a most respectable man, and a dealer in
silk. He had come to this country, along with his son,
on his way to America, in the way of his trade and busi-
ness. He had his passage paid to New York (he pro-
duced a ticket of his passage and also his passport), and
the ship wis to sail on Wednesday (this day.) He said
the way he came into the King's Arms Hotel was this :
On Sunday evening he met the captain of a ship, and
they had been at several hotels together, and also at a
billiard room, where the captain lost some money. He
asked the prisoner to call on him on ltionday morning at
his hotel, which he stated to he the King's Arms, room
No. 16, and the prisoner went accordingly. Finding no
one below when he entered, he went up to room No. 16,
and this, unfortunately, was not the captain's room, but
that in which the prosecutor, Mr. Seaton, slept. The
learned gentleman contended that, as there was no money
stolen, that as the prisoner was a respectable silk dealer,
and from his passage ticket and passport. and taking all
things into account, the most that could be said about it
was, that there was suspicion about it, but it was so
doubtful, that the prisoner ought to get the benefit of it
Mr. Dickson said it was a suspicious case certainly ;
but as there was a doubt about it, he would give the
benefit of it to the prisoner, and discharge him.
THE ADVENTURES OF A FOUR-LEGGED ANIMAL.—John
Forsythe, Thomas Kelly, and Thomas Walshe, three
" roudies," were charged with having stolen a ferrit,
from the shop of Mr. John Stephens, Manchester-street.
It appeared that the prosecutor keeps a-sort of menagerie
for small animals, amongst which may be found squirrels,
monkeys, ferrits, and other quadrupeds. ;He lost a fine
animal, worth 155., a few days ago, and yesterday the
prisoners ran off with a ferrit as white as snow--(here
police officer, 19, produced the "beautiful thing " out
of a bag). He followed them, but they got away and
had several adventures with the " hanisnal," but after a
hunt of long duration the prisoners were captured in
Scotland-road. where they commenced to fight about the
"wee thing." The prisoners being well.known characters
were sent to gaol for one month.
LEAD STEALING —Thomas Keel y was charged by
constable Barrow, No. 7, with having stolen 95 pounds
weight of lead from the ship Queen of the West. Mr,
Bluck defended. It appeared that the constable saw the
prisoner and another man leaving the ship with a donkey
cart full of rubbish, and on searching the cart he got the
lead cone ‘aled in it. The other man got away and went
to Manchester. The defence set up by Mr. Bluck was,
that the prisoner was employed by the other man, and
was quite innocent, and the bench taking this view of
the matter, discharged the prisoner.
(BEFORE MESSRS. BOLTON AND DICKSON.)
AN OLD Benosa!—Peter John Charles, a person of
respectable appearance and gentlemanly attire, was
summoned by a female named Hannah Gardiner, who
described herself as a sempstress, for having assaulted
her. Mr. Bluck defended. The complainant stated
her case, which was corroborated by a witness, and
amounted to this—that the defendant knocked her down
and ill-treated her very much at his house in William
Henry-street. On cross-examination by Mr. Block, the
complainant said she was not drunk, but had some
" half-and-half." She denied having used any bad
language to the defendant's wife—a lady to whom he
was recently married. The lady here presented herself
for examination, but, of course, she was told by Mr.
Black that her evidence could not be taken. He then
addressed the court, and said his client was a man of
independent property. He formerly had the misfortune
to live with the complainant ; but some time ago he got
married to a highly respectable lady, and, since that
time, the complainant was in the habit of annoying him.
She got drank on the day in question, and went to his
house, but he only pushed her out, when she fell. Mr.
Bolton asked the defendant what he was, and he replied,
"A master sweep." The answer surprised all who heard
it. Mr. Bolton : hy, Mr. Bluck describes you as a
gentleman of independent property. Defendant : So I
am, and I earned it. Mr. Dickson : You have committed
a brutal and savage assault on the woman, and you must
pay a fine of £2 and costs. The fine was at once paid.
ASSAULTS.—Mr. Thomas neatly, of the Old Ropery,
summoned Mr. Duncan Campbell, of Fazikerly-street,
with having assaulted him. The complainant said, on
Saturday week he went to defendant's for the payment
of over £3. The defendant was out, but he was
requested to wait, and did so. When he came in he
refused to pay, and caught witness by the collar, tore
his shirt, bruised his arm, and threw him down five or
six steps. In reply to the defendant he said he was
sober at the time. The defendant denied that he used
more force than was necessary to put him out. The
money was due for " swillings," and Mrs. Campbell had
nothing to do with these domestic matters, and be told
him to come another time, but he refused. He produced
a witness, who said the complainant was not sober. The
magistrates said there was too clearly an assault coin.
mitted, and fined the defendant £l, and costs.
A FITZCLARENCE IN Tnousuc.—An eminently beautiful
looking young female, who gave the aristocratic name of
Emma Fitzclarence, was charged by another young
lady named Elizabeth Ray, a resident of 19, Clare-street,
for having assaulted her. Mr. Goodies was for the
defendant, who resides in Bolton-street. Both parties
appeared as if just turned out of a Paris dressmaker's shop
—un bonnet a 4nglaise—on the back of the head, or rather
between the should:rs. The story told by Miss Ray was
given in the following words :—Mr. —, who is a most
particular friend of mine - very particular, indeed, for
years—lately got acquainted with Miss Fitzclarence.
Here Miss Fitzclarence smiled, laughed, and exhibited
her pearly teeth to the evident chagrin of Miss Ray,
who, in a great passion, exclaimed " Oh, they may ,
who wins." (Whether the lady th the whitey laugh
teeth
her won or not, the Shaksperian observation only
made her laugh the more.) The complainant went on to say that the defendant had robbed her. Mr. Goodier :
Robbed you of what ? Of my friend's sweet companion-
ship. He was an old, tried, and true friend, and she
stole him from me. (An excellent attempt at crying was
here made by Miss Ray, but she could'nt do it "no
how.") I followed my dear friend to Bolton-street, and,
in fact, I found him in her house—in fact, in her room—
in fact, in her bedroom—in fact, in—oh, horrible!—her
bed. (A load burst of laughter, in which Ite pearly
teeth of the Fitzclarence was conspicturas, followed this
dreadful announcement.) I met her after that in Lime-
street, and [—who could blame me ?—I upbraided her
with treachery, robbery—in fact, flat burglary—(more
laughter, and pearly teeth)—when she struck me, and thus
added injury to insult. (Another considerable effort to
cry, but it proved a total failure.) Mr. Goodier then
proceeded to cross-examine the lady, and in doing
so, he opened a nicely folded parcel that was handed
him by his fascinating client, and opening it, he
drew forth as comical a looking cousam of a tattered silk
mantle as one could wish to gaze on. He held it up in
great triumph, as a trophy, and said, look at that,
ma'am, look at that, and say, did you ever see it
before ?" " Well, in fact (she dwelt largely in facts), I
may have seen it, but it would take an able lawyer to
recognise it now—that is, judging from its present and
former tout ensemble." Mr. Goodier : Was it not trans-
formed, or translated, or transmogrified into its present
state by your tiny fingers? Well, I believe I had that
distinguished honour. Mr. Goodies : That will t.
case was then dismissed.

(BEFORE MR. MANSFIPID.)
Tn a case where a policein9:, summoned a carter for
driving on the wrong, of the way, in Waterloo-road,
do Saturd7y, the defendant complained that he.was more
sinned against than sinning. He was going in a great
hurry to the docks, with goods for a steamer, and it
being near six o'clock, he went on the side of the road,
as it was empty, in order to get in time, but as the
policeman stopped him he lost the steamer. Mr. Maus-
field did not think the case was one that should be
brought before him. He dismissed the case.
ASSAULT.—John Campbell was charged with having
assaulted Mary Anne Ross, and also a policeman, in
New Bird-street. The woman was sitting at her own
door, when the prisoner came up and struck her, and on
a police constable coming up, he also assaulted him.
The prisoner was fined £2, or in default of payment
two months' imprisonment.

LORD COWLEY'S ARRIVAL IN ST. PET
EI
went down to Peterhoff, in the Princu— •

"IG.—They

, —,-, and were
received at the debarcadere by some of tne officers of the
Court. Imperial carriages were in attendance to convey
them in the first instance to the English palace, where
they found an elegant deleziner prepared for them, and
every convenience for making their Court toilettes.
They were then conveyed to the Imperial Palace,
where, in the first instance, Lord Granville was
presented to the Emperor at a private audienea
of some duration, after which his Lordship presented
in succession all the members of the embassy-
The Emperor was, I understand, all cordiality and
condescension, frequently addressing the persons pre-
en
Imperial
sent in the English and French languages.
the ladies
to,
Nlajesty's deportment is spoken of in terms of high ad-, miration by every one who had the honour of a presen.
, Granville Cation. Subsequently Lady
Stafford, Lady Emily Peel,
the Empress, and, in her turn n;:ell:t7dasthp
her suite, the Marchioness of
n Gower. Char a-banes
and Lady Margaret Levesothe
were in waiting, into which
whole party got at' the
termination of the ceremonial, and a drive round the
beautiful grounds of
Peterhoff filled up the time until
dinner, which, like the breakfast, was prepared at the
English Palace. At this banquet, several of the high
officers of the court were present, amongst whom, the of Count Nesselrode Was active in discharging the
duties oo hospitality to the distinguished guests. At 11
o'clock the whole party were safely conveyed to town in
the Princess Alice, being the first time that the voyage
has been performed at that late hour by a vessel of her.
tonnage. So ended a very pleasant day for the British
Embassy, and at the same time terminated the St. Peters-
burg portion of their mission, leaving them nothing to do
but settle M. Dimonte's little bill, pack up their Portman.
teaus, and proceed early next week by special train to
Moscow.