The British Press; or, Morning Literary Advertiser.
London, England, 1820-04-13 00:00:00

HAVVIES N. LACHLAN.

TRANSPORTATION OP THE Bet Milt ARMY.
This was ea action to ',cover money pant to tie.:
Defendant tar the Plaintiff 's use.
Mr. GUSSET staged, that the Plaintiff had given
the lowest tender Tar bringing home the British
army from Frasier, according to the Treaty of Aix.
la•Chapelle. He had, through the agency of the
Defendant, whom he had always employed as hi.
brayer, executed the con'ract in a most prompt
and satisfactory manner. It was thought while the
int.inese was going on, that the Plaintiff would
ruetain a great loss. The weather became un-
y tine, and the Plaintifthaving exerted himself
to a most extraorilniary way, the profit which ise.
Trued amounted to 2,b00/. The Defendant re-
ceived payment for the service done. The Plain-
Of called on him for payment, when the Defen-
(hint claimed 1.4001. for Isis share as a partner in the
i•affliaction, instead of 4501. which was the amount
• f ',is agency. The quest.on was, whether the De-
fe.,claut had bent a partner in the transaction tar

Ittchart!son, clerk in the Transport Service,
p-orlaced the tender which► had been given into the
Offrw, with the name of the Plaintiff• subscribed
at the bottom, and that of the Defendant in the
margin. Titre witness proved that the Defendant,
though so agent, frequently meted as a principal.
Thomas Powis, clerk is the Navy Pay Office.
produced bills *ivied by the Defendant, for the
s►rvice dune by the weasels 4. through the wawa*
spot or Mr. Hawker," the Plaintiff, which bills
were ;mid in due course.
'l•he amount of the sum to be awarded for
mgpney, was now deferred until the que►tion of
p.iritiership %boob] be determined.
Mr. CAMPBELL. for the defence, undertook to
ttttt ve the partnership, and that the service had
►teen effected so satisfactorily, chiefly through the
1110'41114 of the Defendant!, who had procured Si
*tooo till, of the 46 engaged. The Learned Coots.
art admitted that the partnership was a secret one,
against which there was no statute (and if any of&
cist re,,- Illation existed ugainat it, it was fur the.
Phrintift to prove it), but he produced letters
which had paused between the parties, its which
the Plaintitrs language seemed to imply an ag►ee-
urent of partnership.
Robert I.4clilan, son of the Defendant, proved
coovrr•atioos which had taken place between the
parties before the delivery of the tender, iti which ►t
1,7141 been agreed that the profits should be divided
betwerii them. Tl.e witness testified to other con-
yerNstions, in which the same agreetneut was re-
-11.0e..111.C11 after the fultiltnent of the contract. Wit-
erre, had seen the punier calculating how much
p.otit would her made by each, the *um expected
Iteiog bow 7001. to t,000!. The only tummy ad-
lwer., was by she Defendant.
Air. Besse! load been employed by the Plaintiff•
to embark the troops at Calais. Witness had fre-
quent conversation% with the Plaintiff at Calais, in
wlttch the Plaintiff• had repeatedly given witness to
vetler%tosid that it was a joint contract.
The Cuter JUSTICL wasof up,siion that the
I►artoershrp was proved, and
Mr. CURNET Contented to be non-suited.

tAxaT OF COMMON PLEAS, Trvutv, Arvin 11.

Adjourned Sittings ti/'ter Hilary Tern:.

tr.YETIN. RING. AND COMPANY, n. DREW. OR THE
IMPERIAL. ASSCRANCE COMPANY.
117 r STetiiCMs opened the plea.lings is this ease.
SuticiTOß-(.FNERAL staled the Plaintiffs' ease. The
prevent action had been Inoitcht for a sum of upwaed• eff
0,400/. against the Defendants, who are Dieeefors of the
linpirri•l Assurance Company. The Plaintiffs were easy
rsvpretsbie and opulent rugar-refiners, residing in While.
elispel. This was a wilt wily of a very large stem, amount-
ing to about 70,0001 which had bete austaintd by fire in
November, 1819. The ouly question arising between
the prices turned either upon points of law, or relat-
es) ru the mariner and regularity of effecting the insurance.
Leven/us and scientific men contrived to produce the re.
quistie degree of hest by pipes of Wiling water, coiled and
irninecsed into the ryi op or sugar. But this difficulty arose,
that the sugar would out boil at the same heat as the water,
and therefore a high pressure, attended with much danger,
was required. At Liverpool tallow was in common use for
this purpose ; but this was found extremely offensive, and
to obviate its inconeeniencies' Mr. Wilson bad invented a
a process fur using lased oil. This oil was pal into a large
irioil, and from it a coil of pipes passed into the sugar,
which it was intended to bring into a boiling state. The
oil reqn'ired a I. inpeta titre of six hundred degrees of Fah.
reeihrit for boiling. soil sugar three hundred and flay.
This was %deers e of hal:punters below may beat that could
it-orate danger. 'lie fiist question therefore would be, she.
their by ntraiis of 11114 communication there was any in-
. canoe uf risk; aild, secondly, whether the loss Ras oircs.
. siiisost thereby—as hr understood, instead of bring increaiii
tit, the risk was upon a comparison with the
ftWlN.'r made. One of the risks attending the former mode
was that of the sitcor boiling vet e, in *bleb case the pee
imp, must be infallibly destroyed. By the new process, a
11.11r:umAir was fixed in the host, sod, a, scion as the oil
was heated to the decree of I byre hundred anti tiny, it *sited
IMO pipes which convey.' it theoseli tie 511f-.r. till,like
the circulatiou of the blood. it ri tben e d dots lice ..tort. It
....gild lie idle tu suppose that. aqua a question of this na.
turf., he was nut aßafe Of smut: of those grounds which
sunlit he falten oil the 001(.6 stale. It would be said, as he
app.thrtuleil. Mbat the pipes 'might Insist ; hat this was
against by the v:i!res'beiug smaller than the dia-
m.ter ul'llbe pine. bat then it might be urged, that gas
lie (gratis! ; and lii tilt, he would reply, that gas was
thol CfesliAlly turd 0.4 Aintri it mitred at a temperature of
liesurvii l'ea degree+, long before which the titer-
siotineter would hate exploded. Ter be • brought to such
a- ivisiperatnre, Ilse, beat trust be continued fur a long •
tient* ill a state of almost incredible intensity, fur the,
steeer..ion of brat hernete very slow after a certain point.
From the retort a small pipe ascended fur the purpose of
c:m)ringoff saris alr Xs 'might rem-till in the pipes, and In a
wart not always full. If any gas want created, it must
escape through the. pipe. Again, it might be urged, that
tai• kir might be driven dounWards by a euilden•ilraisght
• -.La remit,. certainly, to be looked fur to an ordinary room,
vdttlfllled into these premises, would hare &Naiad
the whole process winch was earrytag ea. Every drabgfii
Was esigrully preveartil,•aotl the-tire fed by nines! +u.l

adMitled from behind it. Re itmletateod, alO, That if any
gas shookd escape and ,nix with the sir, it never could
co escape in any proportion, that by the
.coniact of
fire could produke•either • dotage! ni eipfosion. All 'this
he stated ON the authority ilf fa:es•us long familiar with
experiments, and daetily veriest is siabjicts Ilf Ibis nature.
It would perhaps be said, that the *attire of Sill Might be
changed by the renewed application of heat, and that wlicn
so eliango.l, it wool I emit gas at 30b &grecs. This, how.
ever, he hail reason to believe was Utterly falsE ; and al-
though the oil might be.reudereil thicker, the re.appliratioss
of heat would restore it to its former state. The fart also
was, that it hail 'no continunication with the external air. The
retort 11411 been recently taken off and repaired ; and he
might undertake to demonstrate that the risk was leas than by
the former method. With regard to a pan that was still in
Ilse, it was eisongts to remark, that it woo • mere soh-
siltation for sine used previously Ili the insurance. As to
the rirennistanees attending the fire, fie should boat brio Ay
advert to them, as they would appear in erisicure, clearly
and satisfactorily, before them. After it was ratingoisheti,
K 3 it was natural to imagist that twine explosion might
.are barn the cause, the apparatus was inipected, and the
rebut found without any seat we §wore in it, awl with iiia
nibef mark than that impressed by the sisperiorninhent
weight which hail tallest spina it. A topper holier was also
Mend melted; bet it would be proved that the 11W14 under
it, sod is a state of igoition, gave a satisfactory • xplana-
lion of that ciretinestsece. This was the ewe which he should
sow proceed to substantiate by .evidrare; and, having as
'dose, be was sure the Jury would feel satiefartion in securing
to a gentleman, wits bad paid so large a ',regains, • full
indem•iication for the WWI which bail been incurred.
_ _ .

The CHIEF JUSTICE asked, Whether sloe process in /nem
lion was peculiar to Ilse Plaiaiiiiris sugas-hutise ?
The Somerron4lrstaiAL ►eplied in the negative. and
added, that the same Imamate Office had uaderwrisseu se-
trfAi warehouses of the same tlesertpituu.
The policy having been pet in,
On the auggr•lioo of Mr. SekIiLETT, she cunditintis of the
policy were read at length, sad the Solicitor un-
dertook to thew that there was a special agreement ass this
ease.

George Luke was then called, and slide(' that he was a mill-
wright, and had been three year's in the employment of the
Plaintiffs. He left the premises on the 9lb Nov. the slay pre.
cembis4 the fire, shout half-past eight I. the evening. The
only person whom be left behind him was, to the h. st et his
knowledge, the engineer. The fill-bussms, where the retort
was placid, was in the lowest part of the pi emises amid the
warehouse on the next awe immediately above. 'lVlsesi he
returned at seven o'clock the meat day, the fire had broken
out, and had been raging for same time. Ile was acquaint-
ed with the new mil apparatus. That pot of it winch con-
sisted of a pan leul bee. used before, smut the whole had tiaras
at wook about three months. The tire kept tinder theca
was less than it Needle be by the former twilit'''. When the
oil breathe healed les a degree of between 320 and 3.6.0,
it was considered lo be in a fit state for working.
The pump was thee set um, sod by mean. of its suc-
tion the heated liquid was conveyed through Opel. As the
sugar was told the heat of the oil decreased by its
nit-slime, and became just seliteleat to cause the angle to
boil. la the warehouse there vas always a quantity of
sugar lying about mum the Suer ; and living the place where
the packing was performed these was generally a consider-
able quantity of empty hogitheada, paper, and straw like-
wise. The retort pipe catered a Meant-vent, and the air
escaped by an speniume in the side of the chimney.
This wane's, on his creenexaminalion, said, the pipe
from the retort did not go to 'hemp of the steam-vent, which
was 70 feet bleb. The pipe in question ru-c shunt 16
from the vessel. AU the Gres were owl when lie left the place
WI the evening of She 9111. There was nu fire-place, nor any
lire generally kept in the warehouse.
In answer to a question from the galena, witness added,
that uu fire bad takes place in the premises during the three
years before the new primers. was adopted, amid that this new
process had been at work wily theme tbs.
Henry May deputised that he was emeine-keeper at the time
of the fire; be was au the premises ma the evening of the 9.115,
till about nine o'clock; when he went away, nu one, to his
knowledge, wash ft behind but lime watchman, and ail ap-
peared to him to Ise safe mud right. Ile returned a few mi-
litates after thiee o'clock the next morning, and went to time
engine-house to get the engine ready. The fire hail be. as
lighted, as nasal, befuse became; he however proceeded to
make it up, and towed nothmeig wrong at that moment. Wit-
ness then stated, that in souse time after he braid an ..larsa
of fire, mud pi revived that a tire had briikeu mot tas the *4l,
house.

(7hrislian Lampe, ■ man employed in the warehonae,
stated, that on the dill November hr had packed ilKre or
four hogsheads, and on the following-day six or seven 1111./e
emptied, which had perhaps increased she quantity of wood
mid straw about the Moor. He hails dem inct view of the
oil apparatus, and must have seat the mischief, daisy were
taking place; hat he saw none.
George Wick, a sat;arretaer, who lined near the pre-
wises, deposed, that he ruse io consequence of on alarm of
fire at the time already specified. lte approached within a
yard mid half of the till.hume in l'nion.sireet, ■ad at 20
minutes past four be 111 recited neither 5911Uke 1110( tire with-
in it.

Samuel Atelier stated. that he elan resided in the same
neighbourhood, and being awakened by the nalchinans
rattle at as early boor 1111 the Nib November, he proceeded
to a spot where be contil see through a nimbus of the ware-
house. The lower part of this window was on a level with
his breast, the fill.house being considerably below emend.
He then perceived a quantity of fire and smoke opposite,
part of whirls appeared to bier to dirrireuel Mtn toe fill-house.
Henry Wylliog. *limber stinker:in en the same premises.
confirmed the evidence of the preceding in all its
essential points.
Mr. Henry ITilsion said, that the apparatus had been put
put up almost exclusively under bid direesion. He corsair-
ed that the ordinary mode of refiring sugar was emended
with both incouveuiemce and danger. Vu, great danger was
that of the sugar boiling over; another, that of its emitting
very inflammable gases, arising from the combustibility of
sugar when in • desiccated state.
Aaron :Booby deposed, that lie-sas an iron-manufacturer,
aud had constructed the vessel in which the oil was buil. al.
He attended the formatioe of the vessel, which aas sprite
perfect. It had no Saws or defects in it. The leakirge
welch had been spokes) of occorred i• COnS41111.111:e of the
common effect of wear and tear. All engine* were subject
to the same deterioration. Such wear and tear, and their
effects, could not be avoided.
Mr. J. Harris, and Mr. Rubinson, segar.refiners ;
Mr. Samuel Parker, Mr. W. Brand:, Mr. F. Arena', Mr. W.
Allen, and Mr. J. Barry, ebywiats; and several other sit.
nesse*, corroborated the testimony before reeib d.
At i quarter before six o'clock the Plainiqrs' case was
closed, and the Court adjourned till the following day.

Yesterday morn►ng Mr. SCARLVIT addressed the Joey on
behalf of the Defendants. He pledged himself to Ming a
strong body of arty respectable evidence to contradict what
they bad heard said the day harem. Many scieuttfie gentle-
men of great reputation would stale to them, that so far from
the machinery used at the premises in question bring safe, it
was of the most dangerous description ; and that oil, instead
co being less inflammable than the substance before used,
was much mom so, and much more litely to generate a •a.
pour, that would take fire if brought iu contact with soy
Ignited matter. Several gentlemen of great cloymictil sci-
. *nee, had given ma opirion favourable to the Plaintiff the
day before, hut he could assure the Jury, highly as he re-
rpected their opinions, that there was no science more fluc-
tuating, or so subject to such rcrulatious of opinion as
chymiatry. He should sliest from the evidence of persons
who saw the lire actually bursting not of the ware-
house, and of Milers who made •ariuus experiments,
with a view If investigate the mirsliotio its dispute in the
present ease, that the must probable cause of tire tire was
that it was occasioned by a quantity of isillsruntable air
latent; from She Mated oil, mad instead t f awendiosp
through tie Gullet at the sup of the vessel, th acordiroy, •
forced back by wove eddy, as ofseu orcorreil in snaultry
chistinies, and Shen after ' haviug Meal (*.weed back,
coming io couture t♦ali the gas hell', sail causing
that explosion in the rower part of site building whirls
one of the ottoman would prove had lakes' place --a'
the lairued Gentleman dwelt strongly *a tilhefon.
aloe in puiut of producing isfillOooltbis .sputa Worm

fresh oil, and' cell that had be fectlismilf l*Blesl• Al-
though the former required a temperature of near pup
el. goers, before rodgling infisibmatile capourc as some of
the witillevies bad slated ou the precrilime dois ft could lie
proved lii them by Gentlemen who bad lately !bade expen-
meets, that oil which had been *Res exposed Si boat, woohl
lie capable of emitting that vaporer, at • .isesperatrre of
between 300 and 4110 degree".
Some, I IVellouglibe, a horse porter, was thee called. and
filmed, that passing by the premises in question, shout ten
minutes before fiver o'e/ock on the morning of the 10th No-
vernier, he saw a window (which be pointed met on another
model of Ilse rates hoe of the premises to be in the lower part
of the building) burst out in a moment, and a large body
of fire dart foesh, and rise up slime the wall of the building.
Had he hero oppmite to it, et would have killed hint.
John Webs's', a watchman, and the first person who came
up, oil She alarm given by the lost witness, confirmed his
account of the violent appearance of the flames. He heard
WI explosiun.
Jolt* Yonng proved nothing very material.
Mr. Luckey, a surveyor, had beer informed by Mr. Bishop,
lasts onmer, that he intended to introduce a new improve.
mein lets the apparatus, whirls be understood to be a boiler
for ail. Hail he been arming for she Phoenix Company (las
sits precines occasious) he would have file it his duly to coin-
11)unit-we ate them what he had heard.
William Christopher, a bricklayer, excreted the brick-
wink for the boiler in 1818; saw the machine word twelve
or thirteen time* in the presence of Mr. Wilson. Mr. Wilson
ordered that in his absence the oil should be heated to 4W
degrees. When he was there himself be sootelintes had the
oil heated to near four Numbed degrees, sail then weed
to order the 0111111 to pomp to let in cold air ; wheu
the pomp stopped, the heat would rim to sear SOO
thief, whoa the heat ems very Niels, tke pipes broke, and
the oil mixed wish the angst. Mr. Wilms then immediately
raked elle fire, and white doing SO the beat rase to 600, and
the nil kept hobbling out at three pl.ies at the top and four
as the Wither, is consequence Of which they all went away.
It. his cruwoexaminstion lie said, that when the thermo-
meter rose to 800, there was Ito danger of hue.
Samuel Witkinsole, forename to Messrs. Taylor and Marti-
eseate, chemists and engineers, was directed by Mr. John
Toe lor, it. relerisaty List, to prepare for some experiments
on oil. Mr. Slay:ism-an tried one in a boiler resembling
that in the model, made of wrought iron, Rod containing
between 20 and 30 gallons of common whale oil. The
wilursa their described the process of kis experiment, she
✓esult of which went ua establish the conclusion, that cum-
moss oil when mixed wish nil that had been boiled, produced
inflammable vapour at a lower temperature tban whet. used
by itself. Another experiment detailed by the witness, sheer-
ed that ice proportion as new oil was exposed to beat dewing
a certain p. rind of several successive days, the lower was the
temperatuse required to cause it to emit inflammable
V.I Nur.
Mr. Michael Ferriday, assistant to Mr. Brandt, at the
Royal Instil tenon, was of sopinioe that the mode of refining
organs by means of oil, was more haaardors ihan the old
method ; that obese was the greater danger fruin tot long
healed, and that from particular circumstances the vapour
might descend instead of going up the steam vent.
• Mr. Scaat.err's statement and the previous evidence was
strengiliened by the testimony of Mr. Rickard Phillips, lee-
Neer it. chemistry at the Royal Military College; Dr. Roe.
tank, chymical lectern at Gay's Hospital; Dr. (fro. chil-
dren. Mr. John Taylor, Mr. Martineau, Dr. J. Aikin, and
others.

.- -
The case for the defence closed it half-put Bre o'clock,
whim the Court adjourned till to-morrow (t►it) morning