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ighted. The witnesses all stated that it was the custom of the
river Tyne for a ship going town the river after datk, to send I
wend to the vessels moored below to slip their chains.
In erms.essmination, it was admitted that the chain by which the
Atlantic was moored exteneed "30 fathoms *note, and entirely
niched over the channel of the ricer, and that notice was not
always given by vessels 'shout to seil.
Ale. COOKSON fund Mr. hoed, few the defence, submitted that
the plaintiffs ought to be nonsuitet. The fi Geo. IV., the General
Pilot Act., enacted, that in every action instituted for damage done
to one vessel by another having a pilot on board, the action should
but be brought against the mater but against the pilot. In this
,sae the George bad had *pilot on board, and the plaintiP, (hem-
line. tied misconceived their action in bringing it against the master
end rot the pilot.
Me. SCAREETT, foe the plaintiffs. pointed out to the Court a
section In the Act in question, which expressly exempted from the
opr rat ion of the Act the Trinity flows of Kingetomti pon- II ull and
Newt-tulle upon. ; aril lie produced a local act, which kit it
',timely to the discretion of the masters of vessels to employ a pilot
or not. as they might choose.
It was rep.ied by the defendant's Counsel. that, at all events, the
dfendant laming employed a pilot. had brought himself under the
6e Ii Geo. IV., and, therefore, the action ought to have been against
'the pilot.
-Mr. Janice Pas K PAM he would give no opinion, hut reserve the
taint for the defendant, if the result of the cause should rendet it
necessary for hint to insist upon it.
Mr. Coax sow then addressed the Jury for the defendant, and
lurid Oat he should prove most eatietactorily that the accident had
eccurred solely in consequence of the negligence of the crew of
the Atlantic. The Jury would recollect that it had letely been-
question whether the staitits themselves were not an infringe.
tutu on the free navigation of the river, and he believed that
some of the Judges of the land had regarded them in that light.
But if, by their verdict today, they went to establish that not
only ',meths might lie extended over one hell of the river, but
that an iron chain might be thrown over the other half, then,
indeed, the navigation of the'river Tyne might be considered as
at an end.
The Mate, Captain, and Pilot of the George, were then exa-
mined, and they stated that the George had begun to sail before
seven o'clock, that the tide was running up. and the night quite
light. The witnesses all said, that when they left the staith at
'which they had been loading they saw the Atlantic, which was
lying only 200 yards below. The steam.boet which towed the
George hailed the Atlantic, but received no answer, and drawing
only four fret water passed over the chain. When die George ar.
eked within thirty yards of the chain, the pilot hailed the At.
!antic, and asked them to slack their ropes. The answer from the
Atlantic Was," Tory are not ropes, but chains." The pilot of the
George then said—"(.'halo or rope, slant it, or danger will follow."
The reply from the Atlautic was—" What are you making all that
noise about ; you are not at it yet." The Captain and Pilot thr-
ived in this part of the statement, as the former bested the words
USW to have been—" What are you making that noise about, we
are getting ready." The accident happened a minute after. The
witnesses concurred in stating, that if the chain had been slackened
tour fathoms, the George would have gone over, and that the chain
might with ease have been slackened in a minute. Mr. Fother-
lill, the Harbour-master of Newcastle, stated, that if the plaintiffs'
teasel had been moored within his jurisdiction in the manner de-
scribed by the witnesses, he should have ordered the chain to
be slackened, and if that Endre had not been complied with,
should then have given directions to cut it.
.Me. SCA a LETT made an ablereply.
The Jury returned a verdict for the plaintiffs—Damages to be
settled out of Court.
NEWCASTLE, JOLT 28.
CROWN COURT.
Before Mr. Baron Hit I. r. or [.]
Georce Clot' was indicted for stealing from a Presbyterian
sheeting-house a certain book called a Bible, the property of the
Rev. John Ailkin, the minister of the chapel.
Ailkin seated, that he had himself placed the Bible In the
place from whence it hail been taken. He had not again seen it until
Le found it in the possession of a pawnbroker.
The pawnbroker to whom the prisoner had pledged the Bible
aned that circumstance. The Bible was identified by Mr. Ail-
kin and other witnesses.
The prisoner in his defence made a strong appeal to the mercy of
the Jury, and urged that he had served his country both by sea
and land for a long series of yearn.
Verdict, Guilty.—The prisoner was sentenced to be imprisoned
foe nee year in the county gaol, and to be kept to hard labour.
• Clialles Wrolorm was indicted fur feloniously killing and slay-
trig Elisabeth Shotten.
It appeared from the evidence, that on the day of the death of
the deceased, the prisoner was riding his master's horse in the
direction of Newcastle, and was seen to pees along the road, in the
ditch of which the deceased was found. The deceased was taken
up in a dying state, and some appearances led to the belief that
she had been knocked into the ditch. As the prisoner had been
teen to pass along the road at so short a time before the accident, a
presumption was attempted to be supported that he had ridden
against her, and caused her death.
In the favour of the prisoner, it appeared that the accident had
taken place at the time of the election, when many persons were on
the road, lied that there was a cross-road between the place where
the decease.) had been found, and the part of the road on which the
prisoner had been seen tiding, along which many persons might
have passed.
The Jury found the prisoner Not Guilty.
George Reed was indicted for stealing a watch, the property of
Learmouth.
The evidence went to show that the prosecutor kept the watch
hung up in his house, and was in the habit of lending it every Sun.
day to a young boy, Lis nephew. After decorating the person of
his nephew during the Sunday, it was again hung up for the ,
remainder of the week. On the day mentioned in the indict.
ment, the nephew saw the watch hanging up, and could not resist
the temptation of wearing it on that day, although it was not a Sun-
day. Having put the watch into his fob, he went out, and soon
suet the prisoner. The prisoner enticed the boy into a field, under
the pretence of showing him a bird's nest, and there knocked him
down and ran off with the watch. The watch was never recovered,
but the prisoner some time after was seen by the boy at Tynemouth,
and immediately secured.
Verdict Guilty. The prisoner was sentenced to be imprisoned
12 mouths, and kept to bard labour.
CIVIL SIDE.
[Before Alr. Justice PARK.]
Special Juries.
CLOUGH AND OTH Ens V. TAYI.OII.
This ease, th.,ugh not possessing any general interest, may be
looponant to the commercial node,, on account of the point raised
under the new Bankrupt Act.
Mr. A tura so x opened the pleadings. This was an action of
driver, brought by One plaintiffs, who were the assignees of a bank-
rupt of the name of Walker, to recover the value of a ship, which
the defendant had convened to his own use.
Mr. SCAN LETT rated the ease to the Jury.
'Pile circumstances of the case were as follows :—The bankrupt,
Walker, had been a butcher and enal-doctor at Newcastle, and was
the owner of revers! vessels. Amongst the rest, lie had possessed
• seven-eighth share of the Mary, the vessel tor the recovery of
which the present action was brought. In February last Mr. Wal.
her tied b,eotne embarrassed in his eireunOtances, and on the 11th
of that month had committed an act of bankruptcy, by causing
himself to be denied to a creditor who called for payment of a bill,
'Cps defendant in the present action, who was ri cattle-dealer, resid-
ing at Berwick, had been a principal creditor ot Walker's, and the
deaf due to him in the beginning of February had amounted to
teetl. Mr. Taylor bad several times pressed Walker for payment
nt this account, and at length Walker had proposed to hint to con-
vey his(St'alker's) share in the ship, the bilfwhichWallecr owed be-
ing to stand as part of the payment, and the rest to he pnid by Ale.
raylor in notary. After some negotiation, Mr. Taylor con:mined
to the pummel, and, accordingly, on the 16th of Februara-, two days
after the act ot bankitiptey Eat been committed. the share of Wal-
ker in the ship had been conveyed to Alt. Taylor for between
1,6401. and 1,660/. The vessel had been put up to public auction
on die 7th Feb., and had been bought in at LOOM It appecred
that not only had not Mr. Taylor suspected the insolvent siftintion
in Walker, but that even Walker's attorney had been in the 'tame
state of ignorance. Under these circumstances, it was cementite'
that the assignees ought to recover, as the conveyance had been
mode utter the act ot bankruptcy, and therefore gave no title.
Mr.WILLIAMS, for the defendant, submitted that the plaintiffs
ought to be noesuited. Ile called the attention of the Learned
Judge to the 6th Gem IV. e. 16. a B'2. by which It was enacted
that " all payments, really and Lona fide made to any bank-
rupt before the date and 'ming of the commission against
such bankrupt, shall be deemed valid, notwithstanding any prior
act of bankruptcy by such bai:rept committed ; and such creditor
:dual not be liable to refund the same to the assignees of such
bankrupt, provided the person so dealing with the said bankrupt,
had not at the time of such payment notice el any act of bank-
ruptcy by such bai.krupt conmiltted." Now the present case
clearly came within the clause to which he had drawn the attsntion
of the Conn. It was clear that the defendant had been a Loon fide
ueditor pf the bankrupt, and that he had purchased the ship at a
fair price; and how could it be pretended that he could have known
the insolvent circumstances of the bankrupt, when it appeared in
evidence that the attorney of the bankrupt, win lived near him,
and was of course in his confidence, had at that time not
the slightest suspicion P In contimmtion of his argument,
he begged Isis Lordship to attend to the caw of "Care and
another, Assignees of Packwood I. Young." reported in the
second volume of Barnewall and ()icemen's Reports. In that
case, the bankrupt, who had kept a carpi t.warehouse, in Rat.
cliffedtighwey, had committed an act of bankruptcy un the
131 of December, 1822 I and the wife of the defendant had
gone, oo die 24th ot December (the shop being still mien and buei-
tress carryirx on as usual), and had purchased a carpet, foe width
she paid. The assignees had brought an action of (rover to recover
the value of the carpet, and the Chief Juetice, on the trial of' the
cause, had left it to the Jury to say whether the sale had been loins
fide or fraudulent. The Jury had found for the defendant, and the
Gault of King's Bench had refused to disturb the verdict. ao that
even under the old law the Court had recognized the principle for
which be contended in the prt sent cane.
• Mr. LiCA•LETT, on file other side, observed, that the point now
folioed, shewed the danger to which pieties to a suit were exposed
to every new Act of Parliament. NVhen the present Act had
poised, he bad had the honour of conversing-with the Lord Chan.
cello? on the subject of k, arid that distinguished iiidintlual had
said to him " There is no need to go to echoed to learn this Aet,
lesedue• it only eeneolidates the aid Acts into pre." He (Mr
&e'en; had thought so then, and be thought so still. Nowlt was