The British Press; or, Morning Literary Advertiser.
London, England, 1818-12-18 00:00:00

BETHAM V. BENSON.

This was an action to recover damages on a
breach of contract nit a charter-party. The De-
fendant was owner of the ship Benson—the Plain-
tiff hired her in May or June. 1816, fur a ym.rge
from London to Calcutta and back, with
to touch at Madras going and coining. at 121.
a ton. Her bordeti was 575 toils. She vail-d
from the Thames on the 30th of July, 1916;
very shortly after became leaky ; at
Madeira; was driven very much to the souiiiwArd,
from a tnutiny amongst the crew, and the leak.,ge.
greatly increasing, was obliged to put in at Rio de
Janeiro—arrived there October 30, was canlk,d
at that place, and arrived at Calcutta 15th January,
1817. After remaining there two mouths, and
taking in a cargo of sugar, saltpetre, and indigo,
she dropped down to Diamond Harbour, and had
her windlass sprung in making that pert, throu4ll
the negligence of the pilot. She thtit took iii it
thousand bags of wheat, in addition to her forintr
cargo, and proceeded to Madras. Alter Jeaving
Madras, she trade water more and wore every
day, until it was at length frinud necessary to
pump her four tutors in a watch. Accordingly
Captain Bethum brought her into the Mauritius,
and applied to the Admiralty Court. She was tit-
omitted, and pronoiniciA to be totally affected with
the dry rot, and was broken ulr and sold with her
furniture, for 9,000 dollars. The cargo was sent
home by two other ships, and the ;whim
was brought to recover damages for the losses sus-
tained by the Plaintiff, in consequence of the slop
turning out nut to be sea-worthy, agreeably to tl;e
engagement.

James Thomson, a sailor, who went out in the
Beason, proved that on the voyage a large hole was
discovered on her starboard side ; that 0:1 her oritv:+l
at the Mauritius many of her transoms were affeett,l
with the dry rot ; that she was quite rotten io hod&
stein and stern, insomuch that he could pick "tit
the timber like snuff.

Captain Dent, of the Cadmus, was ut the Mau-
ritius when she made that island ; examine(' her ;
found her main transept and many of her timhers
injured by the rot, and had no doubt, from the
extent of the disease, that it must have commenced
before she haft England.
Captain Jordan corroborated the testimony Of
the lest witness ; he saw the Bean's at the Mauri-
tius; there were e 4 timbers in her after-blc
tire!), decayed, awl all her stern, with many of ht r
transoms; thought part of the disuise must Lave
existed before she left the Thames.

Alexander Railway, carpenter of the Morepi
examined the Bensum when Ow came into the
Mauritius; the stern-frame und lashicti timbers
were decayed throughout, and consumed by
rot ; live or six of her bow timbers, her starhorld
aide, and her trennela were bad ; some of the lo 14:31.
ends were roast); the expense of repairor4 the
vessel there would be two-thirds none tin
England.

James Evans, an Officer of the 21Iusquito, coo-
firmed the testimony of the last witness.
Jurlin Dona), knows the Benson ft.,,,,, the time
she was built ; she was built at Patrick's 1101 e, to
the liver St. Lawrence, near New Orleans; MOO the
materials; they came down from the Falls in Is IC,
and she was begun iii 1911 ; supposes the tinnier
was cut dowu in the spring of 1811 ; it woe riot put
into water to season, but put on the loft at once and
need; saw some of the wood cut; the tessel w
launched in 1911 ; she looked very well till she tent
into the water, hut then the water till' 1117..0 her .n
dill rent places; supposes the still rent the in re
timber, or that it slit-risk. So much water flow e
that it was fund necessary to heave hr:
up on shore, or she would have sunk with the
next tide ; pieces of no k in. pitched. were *IOLA
into the holes; was otkrtd 81. a month to sail lit
her to Jamaica ; knew she was leaky, suspected she
would he rather trimblesume, and that there would
lie a eut.d deal of primping, and therefore refused ;
wished for an easier faith.
James Ward saw the vessel when she arrived in
London, the fit-re bole, from Jamatea, won a cargo
of spars, logwood, vial sugar ; she drew IKI much
writer, that the 'agar was very much' daieaged ; 30
voles of it were injured, and the last was entirely
under water; she shook like an a►peu-lath ur
ma.. in a pvl-y.
Charles Coulson, a ship-carpenter, employed in
repairiog the Benson to the negionlog of Is to,
übseived the timbres under the seaboard and toe
main cuaimel affected with the dry rut, and men-
lioned e fact to three of lies fellow workmen,