The British Press; or, Morning Literary Advertiser.
London, England, 1821-11-27 00:00:00

N RAISING THE

Several individuals of this city and neighbour.
baud have recently received lettrt►, a copy of which
we aunts, informing them of dormant loop- ay h.,
longing to Ihem, for the communication of „hurl,
a one pound note is demanded, in a post-paid letter,
as a bonus fur the commencement of proceedings tip
effect its recovery. Two of those letters (kindly
handed to us by a gentleman) are in our posses-
sion; they ate in the some 18*A-writing, and anni-
ler to the worth:lg toted signature. Same of Ilse
persons, we are told, have sent the one poised note
as requested, but the property is not yet forth-
' coming.— ( Exeter Paper.)

a No. 7, Exchange-street, Liverpool,
November 10, 1811.
SIR-1 have is the course of my basiueiv discovery' la
property belonging to you, which it mow lying dormant for
waut of a legal claimant, and which, by means of the tutor.
mat ion I possess, you will braille to recover.
" You twist be aware, however, that I shall expert a woo.
Berate recompense fur my trouble ; aid, le older to prey,. t
delay and disappointment, I beg to inform you, that I am
willing to communicate all the information in nay power, a.n
receiving from you a letter, putt-paid, cue loiing a It. ow.,
which will he the whole of my charge Wanly Imaines-, al at
that any letter not pu‘t-paid, and boot cunt ratting its, e..tlu-
sure mentioned, will not be auswereil.

" If you have any double as to the correctness of my in-
formation, I u ill engage to take means for the recovery of
such property, provided you will give me resuuutuble reel,-
tu allow me, is. add,liun to the 11. mite as before met,.
honed, 111 per cent. mg the 'mould recovered through use
agility, which is the usual commission in such cases i but
should you undertake the recovery of the properly, I:tett 1
do not of course require the IC per cent.
14 Ai, no reeposemium required for the trouble And ex-
pense I bare beeu at in ibis business, unless you or your re-
11111CPS derive Fume beneki, therefore I will give you a goo,
raster at the time of my forwarding the information, to re-
torts the full mount such charge, provided ;he partite
interested receive Ito advantage from my intelligence.
" I beg to assure you, that I bare no other natilive but
that of resioriug this property to the legal owner, therefore
you may place the greatest reliance on my bulimic end tot..
pity, sod on sur faithful atieniiuu to your antacids, ninth
NON may intrust to soy care.
" I em, your movt obedient Servant,
" Wil. BARTON, Accouutant."

(Tatter the IllidriMlN f). the curer Is the ((Mooing three-
tiont—'4 la ease of the decease of the above pr. son, then to
be delivered to the ue2feat akin, if possible, being um business
of impottaucc."

LAMENTABLE ACCIDENT FROM NEGLECT.

An ingnisitinn was held at seven o'clock last night at "he
fillip Tavern, J's•ex Wharf, St. Clement Daum', befoie Thos.
Higgs, Esq. Coroner, on the batty of • 'person unknown.
Pdr. Wm Holmes, Of Eagle Wharf, MllftrJ•laae. Stroud.
deposed—This morning, shunt one o'clock. being iu lied at
my residence, I heard a none Wl:4th seemed to poored hum
the wharf in bout of my hawse ; it was as of a per►nn its dis-
tress, and calling fur assistance. The wind was high, nod
toold pet detr•rrniee what at was. I gut up and atoml on a
place commanding a view of the wharf, the noise culitioned,
but I could net determine •bat it was. I waited a few month a
and thee imagined that I heard a person again wing out, but
the wind was high, the tide was up, ~ad the bowed uum.-
dlately died away. The watchman then called the himr.
Whether it was the whistling of the wind, or a human voice, I
again koala I could not tell. After the watchmen had cried
the hour, a person er.eil out then very Mud for asaisi..uce.
1 suppiane it was the deceased who railed for help. I did .mt
hear the words be used .1. city ; but it was in I ir,Cl for the
L. watchman to come to his assistance. 1 did not go eel; I
' was unwell, and have been under the doctor's hands for •pino
tinge. The watchman can probably give further evidaittr.
A number of persons Went to the deeemed's lat t
my servant to his mil.

Nathaniel Young, of No. 15, Milford-lanes lfelsterman to
llolnns's wharf, deposed—Thls mot Meg al I twenty Nu-
notes past one o'clock two boys belonging to this hues,
came and culled me from my bed, I got up directly, suit
was infarisrd that a prism' Na. drowned in Logic wharf.
I got the dragging-imutt, sad was dragging the place toll
past two o'clock, and not being 'We to ilbeover the haply,
I left, and went to bed. At six 'o'clock this morning' I
found the hotly, shoat twenty yards from the port.-
passage leading from F•sex.atreet. The booty bad
oat Ow the person of the deceased I found a Ntlytr
watch, four shillings, Iwo riapesiers, some lialfpraec, a
pencil, and pen-knife. The hotly hastiest bees waited He
was dressed in • grey eoat, bine waistcoat, metal bat-
tons, blue trousers, Wellington boots, with copper mak,
white cotton stockings I think the tensed was about
forty years of age. He was a good looking mm Ile ap-
pears to have been is a rearcetalde spliere of life. He to
about five feet seven inches in bright. The watch i• nom-
hered 1,114, and the maker's name is 4`harles F..losoinds, Li-
verpool. There is a steel chain and gilt seal appeurled to it.
Mr. Holmes, the first witness, slated, that the place shoe
the deceits:xi was drowsed was must dangerous ; it was at
the bottom of Essex-street, !lied there was Stir gums' to pre-
veal an inebriated person frets falling into the Thairoca;
there was no light near thr pinee. Four persons hod hie •
drowned there within the last three years. Ile hail paved
two permute from drowning at that dangerous place within
the last twelve months. A Jury that sat ON the tinily oI a
person drowned there two years ago, pirsested the place as
a dowel ems nuisance.
The Coroner nod Jury went and took a view of the plate,
and on their return to the Jury room the y were of opinion
that some guard or retire ought to be put up to prevent ac-
cidents is future.

A Juryman said, that the plate lichened to the Citylnf
London, by auroral charter, fur a landing-place, althoogh it
was in the fatuity of the Savo). 'lite Jury reconnitruded
that the place should be resented to the Lord Mayor.
After a lung ilisrossiou the Joey reformed tier following
verdict onanintstaly--e. The dereased perm.* was acciden-
tally drowned, occa►ioned by culpable argteet, there ►eing
au fawn or other ri Clarity at t►e hate. of Rasex-*faits near
the River where the thetas's' wet death."
_ _

Tile.aetle. AloeJatitte. from Lit 'rpm., for Buenos Ayres,
wax total') fort 4.1 September, twat 31,11dt:outdo, OLE 4111
tut; part of the cargo saved.

~,

EDINBURGH.

JURY COURT, alowese, Novelises'
LOSS OF THE PEGGY, OF ABERDF.EN.
?AMIE AND OTHERS v. PARIS AND ITITEN.
This was a case for the recovery of damages by
the owners of the sloop Peggy, which was lost in
February or March, 1818, in consequence of being
struck by the Ilree Brothers of Arbroath, against
the (miters of which vessel the action was uow
brooght.
Mr. COCKBUIN and Mr. MATHISON appeared as
Counsel for the prosecution, but no one attended
fur the defence. Models of the two vessels were
placed ou the table, for the porpo-e of describing
the courses of the vessels at the period of collision.
Mr. COCKBURN. before entering upon his case,
applied to the Court for permission to substitute
Captain Thomson, R.N. a gentleman of nautical
experience, in the room of Captain Bailey, one of
the gentlemen summoned for the purpose of in.
structing the Jury respecting the regulations and
customs of the seas, but who had been disabled
from attending. •
Permission was granted.
Mr. CUM:luau then stated to the Jury, that he
attended on behalf of the. Pursuers, who were own-
ers of the Slime Peggy, of Aberdeen, and by whom
the present action was brought, in order to recover
the damages incurred by the loss of their vessel,
from Mews. George Paris and Robert Stiven, the
owners of the sleep Three Brothers, of Arbroath.
by the improper conduct of which sloop. as he
should prove, the loss of the Peggy was occasioned.
The orcionstances rire4ht lie thus hriefly stated :
Some time in the month of February, 1818. the
sloop Peggy sailed wills coals from Sunderland
hi Aberdeen. and while on her pewee, was struck
by the °flw vessel, when off the Scares, nit the
coast of Northumberland, at u time when, though
it was night, the weather was sufficiently clear fur
one ship to distinguish another at some distance.—
Now, not of the circiim,tances which would be de-
tailed in evidence, the case which the Jury had to
decide was—first, whether or no the collision,
which it was admitted took place, arose from the
fault of the master or crew of the %here Brothers;
to ascertain which, the following question was to
be asked, What was the cause of the collision?
Then they would have to inquire, whet was the
damage sustained, with a. view to remunerate the
Pursuers in pounds, shillings, sod pence. But
the main inquiry was, as to the cense of the
accident, and to assist the Jury in determining
this, they would have the benefit of able and
experienced nautical information from the gentle.
men 'rho had been Pummoned for that tole pur-
pose. The facts which he had to prove were
as follow :—The two vessels were sailing on the
east coast of England, and, at the time they ap-
proached each oilier, both were on the tack, as it is
called. The Peggy was making south, with a
very considerable west wind. The Three Brothers
was soiling northward, and being to leeward of the
Peggy. %%Then the accident happened, it was a
night which, though it might commonly be called
dark, was yet so clear as to enable a ship's cons-
patty. if upon deck, to descry a vessel at the die.
lance of 300 yards. The Three Brothers was irs
fact seen at about this distance, and hailed by
James Anderson. the mate of the watch on board
the Peggy, et) loudly as to awaken every person on
board of his own ship, and therefore surely loud
enough to be heard by a vessel at a considerable
distance to leeward. She slid not, however, steer
clear, and the collision in consequence took place.
Now, he maintained, in the first place, that it was,
the ditty of the 7 hree Brothers, she 'being to
leeward, to have gone out*of the way. In the
second place, he should prove that the Peggy
could not have steered clear; if she had steered to
lee. she would have been immediately upon the
Three Brothers; and if she could have borne up
to windward, she would have been upou the rocks.
On the contrary, every thing was favourable for the
Brothers to ga to leeward, the other vessel being
already to windward of her. and there being only
the open sea on her lee. Navigation, it would be
found, had its laws and regulations, and had in that
respect been compared to a highway, on which ens-
tom had establi.hed certain practices for the conve-
nience of those who travel ; us, when two carriages
meet, it is the duty of each invariably to keep thefleft,
and one driver would lissom' think of passing on the
right. as a rider would think of facing the tail of
his horse. In like manner, according to the praise
tice on the high sea, a vessel to leeward of v.eother,
must, on approaching her, give way. or " keep
her wind." us the phrase is; therefore, be con-
tended. that the fault was in the obstinacy or lie-
gligence of the Three Brothers, which produced
that collision, the effects of which he would now
explain. It had been a question in the defences,
whether or no the vessel did go down ; but be
should call some of the mariners of the Brorobje,
by which vessel the crew of the Peggy were take,
up, soyesseve, that illthough they aid not see the '
latter vessel sink in the water, inch by inch. yet
that, on the next morning when they were naturally
looking out for the wreck, they saw quite suffi-
cient of her to convince them that she dad in fact
afterwards go down. The value of the sloop wss
about 310/. ; her cargo of coals was estimated at
'271. 10s. gd.; and her freight at 30/. ; the total of
the actual net loss being upwind* of 3771. sup.
posing the money to have been paid down on
the day after the accident; but it was a material
consideration, that the pursuers had been deprived
of their money ever since February or March,
1818, when the accident occurred, to the present
time. They would easily be able to calculate the
value of this vessel for three years, when the freight
of one voyage, which might be performed iii
month, amounted to 301 ; but, even by the lowest
and simplest scale of calculation, that of common
interest, they would find that their estimate of
5001. was not excessive. literefore, the (homages
had not heen put in at random, its was militia.
rily the case, but accorJsug to au accurate means
of computation. There were uo defenders here
this thy, because they knew that they had no case
to muke out. He proposed to lead erideitce, first,
as to the collision ; next, as to the vessel's going
down ; and then, as to the damage incurred.
Cornsick who commanded the Peggy
when the accident happened, being now on a voy-
age its mate of utiotlit r vessel. his deposition was
received •in evidence. It set forth, among other

.INII•••._

wiiisi

things, that on the occasion initnestion he heard the
Three Brother! hailed by James Anderson, of the
Peggy, about two minutes before the vessels
struck ; and it also described the injuries occasion-
ed by the collision, among which was, that James
Anderson,, in endeavottring to ease off the Brothers,
fell overboard between the two vessels, by which ac-
cident he had three of his ribs broken, and was
consequently disabled:
James Anderson, above described, having mince
died, his deposition was now tendered in evidence.
Mr. COCKBURN thought it tight to state, that
the deceased had only been examined as to the
truth of the protest which is usually taken out upon
such occasions, and sot by the authority of the
Court of Admiralty.
Tue COURT decided that it was proper, espe-
cially in the absence of the other party, to hear
evidence as to what Anderson said.

The Magistrate before whom the protest was ad-
ministered, deposed, that he was present when Cap-
tain Cormick took a protest as to the loss of the
sloop Peggy. The protest was written by the wit.
tress. It was in fact dictated by James Anderson.
with his own mouth, when upon a sick bed, arid
he (witness) afterwards read it over to him, in all of
which he acquiesced. He also mentioned that he
was the watch upon deck when the accident hap-
pened, which is not state.l in the protest. The pro-
test was then received in evidence.
James Reid, mate of the Peggy at the time of
the accident, described the event as it occurred.
She was lying to upon the starboard tack, with her
head to the southward. The Brothers was upon
the larboard rack, with her head to the northward.
Heard James Anderson hail the Brothers. She,
however, did not bear off, but came against them,
tore away their ship's mainsail altogether, and stove
in her larboard quarters. Withese immediately
jumped on board the Brothers, thinking that the
Peggy must go down in consequence of the acci-
dent; but did not learn, nor ask the name of the
Brothers, until she arrived at Aberdeen. The.
Peggy was in a sound state before the accident.
It was impossible for her to get out of the way. .It
was possible for the other vessel to steer clear, as
she (the Peggy) had only hoisted three feet of their
fore-staysail. The wind at the time was blowing
fresh, either from the west or west by south. The
weather was clear enough for the other vessel to'be
seen at a Sufficient distance that she might be hailed
in time for her to have got out of the way.
Thomas 31' Donald (one of the crew of the Peggy)
had been six years a sailor. The Peggy was per-
fectly sea-worthy before the accident. This wit-
Mill described the positions of the vessels, and seve-
ral other circumstances they were narrated by the

preceding witness. The first hailing of the Bro-
thers was, he thinks, a few minutes, perhaps five,
before she struck. Heard Captain Corunick in-
quire the other vessel's name several times, but it
was never told. James Reid went on board the
Brothers, and Anderson fell into the water, and
cried for help. Witness seized him by the bind
part of his jacket, and held him till the Captain
came to his assistance. It was necessary imme-
diately to go to the pump, and they continned to
work at that station until they wee picked up by
the Bromby the next morning. It was impossible
for them to keep the vessel tiny longer, it bring a
high sea, and they had been water-lugged ever since
the accident, and never expected to keep her up so
long us they did. The accident occurred about
twelve o'clock at night. After getting on board
the Bromby he did not look out for the Peggy,
but went to bed, being overcome with fatigue.
Captain Thomson, R.N. best% sworn, end re-
quested, after what he had heard, to deliver Isis opi-
nion as to the culpable cause of the accident, der
posed that, according to his belief, the Three Bra.
titers might have got off by her hoisting her fora
sail, when she was hailed ; he was also of opinion
that the Peggy would have assisted her if she had
hoisted her foresail ; but it was certainly the duty
of the Three Brothers, as being to leeward, to have
steered clear of the Peggy.
Captain Wilson deposed, that, according to the
rules of the Navy. not only was it the duty of the
vessel to leeward to bear up, but that had the
Peggy borne up she would have made the meter
still worse, and by violating the rules, would have
subjected herself to all the damages which might
have occurred.
Another Captain, whose name we did not hear.
also gave his opinion against the conduct of the
Three Brothers.
Captain Colley, of the Bromby, picked up the
crew of the Peggy, about nine or ten o'clock on a
Monday morning, being either the last day of Fe-
bruary, or the Ist of March,- 1818. He described
the appearance of the Peggy before her crew were
taken on board the Bromby ; she rolled consider-
ably to windward, which is a sign that she had
made a greet deal of water, and the men were seen
to relieve each other very quickly at the pump.
The Bromby made but very little progress during
that forenoon; they were going perhaps at the rate
of a mile and Is- half am hour. They continued to
see the Peggy till one or two p.m. when he was in-
farmed that she was down to the mast-head. Wit-
ness then went up aloft, and could see nothing of
her ; he afterwards sent up another of the crew,
who ceme down with the same intelligence, that she
was not to be seen. Witness had no doubt that she
went down. He considered the profit of such •
voyage as that in which the Peggy was lost, to be
about 20/.
Mr. Hall, ship-builder, who repaired the Peggy
before her list voyage, considered her hull uud
spars, after repaired, to he worth 31. les. per lost
uud she was 59 toes. She was quite sea-worthy
when she left hi. yard.
Mr. Eydou, rope and asilmaker, corroborated the
foregoing estimate.
The deposition of Wm. Bell, mariner, late one
of the Bromby's crew, was then read ; it described
minutely the appearance of the Peggy, when disco.
vered in the morning, sod the means taken for the
succour of her crew,
This closed the case for the prosecution.
The Loan Cut sr COMMISSION ER briefly, and
with much precision, summed up the general ease.
His Lordship said, that it being one its which no
defenders appeared, it became him to be the
more attentive to the interest of the absent party.
He felt at one period some doubt as to the cha-
racter of a portion of the evidence, and he was
constraitied to point it out. tie was now, however,
convinced, that all the evidence which had been
. .

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