The British Press; or, Morning Literary Advertiser.
London, England, 1818-12-23 00:00:00

L4W INTELLIGRNCE.

ITICE.CHANCIELLOR'S COURT, I.lscourt-for,
TUMULT, DEMMER 22.
The Fret;-Ct twctr.Lost wite emu piod the whole
aty ill braiug ruotiuu., of no totem& except to the
parties coucerised.

The LORD CHANCRI.LOIL will sit at Line.°
lists on the Rth of Isouary. to bear Btakrupt Pe.
%Mous.

COURT OF KING'S BENCH, TUUDAV, Dre. 22.

lONEO V. !IA•CS.

This was an action by a against the de-
fendant. Isaacs. who is ■ prise •Ltetit, to recover
9/. lls. being the balance of monies received by
hon. as prize. dee to the Plaintiff. on account of
tae vessels. captured by the ship on board which
the Plaintiff had beta aerviiig as a seaman. The
proof of the money having been received by the
Defendant, as agent for Jones, was proved. and the
Jury, without hesitation. found • verdict for the
Pl•totiff.—Damages, 91. I la.

ISAMU" v. wir.esT and OVUM.
This was an action brought against the Defend.
ants, who are proprietors of a stage coach rumillig
from London to Southampton, to recover the
amount of a eoich-make►'s bill, aasouliting to
5431. 7s. Id. The bill was for coaches furnished
to the concern by the late Mr. Bailey, coach-
maker. The present Plaintiffs were his widow and
coos, who brought this action, as executors to
the deceased. The furnishing of the conch, and
work done on account of the concern, of which the
Defendants were the proprietors. was proved.
Mr. GURNEY, for the Defendants, proved. that
the credit in this case was not given to the Defend-
ants jointly, as proprietors, hot to Mr. Forder, one
of the partners, who coached the concern; that is,
furnished the coaches necessary, and received as a
remuneration for so doing, an allowance of three
halfpence per mile. It was also proved that the
deceased Mr. Bailey was well aware of this arrange.
ment, and had declared on one occasion. that he
slid not give vretlit to the company of proprietors,
but to Mr. Forder individually. Mr. Forder had
since become a bankrupt, and now the executors
turned round and brought the present action against
Messrs. Fleet. Mountain. and Co.
Upon this evidence the Plaintiff was, under the
direction of the Learned ChiefJustice—Nonsuited.

ELLIS V. WATSON and OTHERS.
This was an action by the Plaintiff; ■n ale-brewer
at Stockwell, to recover from the Defendants,
Watson, Elgy, and Worthington, exporters of and
dealers iii ale. 1631. for sixteen butts of ale. sold to
them in April last by the Plaintiff*. The delivery
of tile ale in April wxs proved.
Mr. CAMPBELL, fur the Defendant, Worthington,
submitted that his Client was not a partner, and,
therefore, not liable. He was only a cellerinan. and
for his services lie received a weekly salary of 31. •
week.

Mr. ScAkt.wrr, in reply to this defence, proved
that Worthington's name stood migioally et the
Eavise. as partner with Ehgy Watson, and
was nos withdrawn till November last.

TIieCHIEI JUSTICI. in summing up, observed,
that the entry et the Excise would be conclus',ve
evidence against Worthington as between, him and
the Crown ; but hi. Lordship was in doubt wbether
it so operated against the Defendant, as between
loins and the public, unless, the Jury should be of
opinion it was, supported by other evidence.
The Jury found a verdict for the Defendants.

COURT OF COMMON PLEAS, GmLonALL,
TUESDAY, DIRCIUMICR 22.

Sittings after Term. hefure Chief lattice DALLAI
and Special Juries.

WARDAI.I. v. HUTCIIINSON.

This was ass act brought to recover the sum
of 10071. Gs. the value of the cargo of the sloop
Farourne, 11111 flown at Kuockhead faint, a little
above the mouth of the Thatne,, anti sank by, the
t.l.tp Alert, uu the to,;;ltt of the 19111 November
last. l'l:untitff was owner of the cargo. Defeudaut
ut the Alert.
James Coulson examined.

Was master of the Alert, in November last,
when she came into the river; the had a cargo of
grain on board ; remembers being off knockliead
Valid on the night or the 1911 i; it was a tine moons
light night ; could see a verrel half a mile off. The
/ilea was near them; her tonnage is shove 300
tons; that of the Favourite 47. When the *cm-
de..t happeiscil, the wind was W.N.W. blowing
down the reach ; the tide was going up; they were
going up; the wind was against them, the tide in
their favour. To get up, they were obliged to
tack. The Alert »us tacking also. The Favourite
was on the rturhaaril tack, the Alert cosi the larboard.
Jnq before the accident, had two colliers u head of
them; they were nit the starboard tack also, to get
tip the river, or well as the Alert. The Alert was
allollt two hundred !aids distant when lie lirrt per.
Crlitrit her.

Robert Sloane was at the how or the Favourite,
10-epilog a look nut ; there was a large fleet in the
riter ; h.nlyd the Alert, mid cried out, For God
sake, Sir, bear tip, or you'll N )))) e down
jut UN r. At that time she was about tan hundred
; she !tared, and tried to gu to wind.
»dill sit u•, but saw she could nut weather us, rod
then pia her helm up, the effect of which was, that
in a few toinittes she came right in upon them.
Thy put their ves•el's head to windward before
adie came sip, so that she might pass on either side;
pia a bi,eis is mariner for ten years, and in his judgment
what watt door by the Favourite was the hest thing
that could fir done; Wine they saw the ilfe,t, were
inferno:: ;Mont S.W.; alterwursls steered W.N.W.
The Rivet ought in liaise backed her topsails, that
would (rave stopped her, nod gate time to them to
get otr—J that had been done, the accident would
Ma have hoppened. The Alert ran down another
i•visiel the same night. They were in donut sit
ohms)* water %twit the accident happened, rely
tie.fr the shore, and lied not sew-room on the shore
sole. The Alert struck diem 'mil-ship, and their
ver4el errsa down directly. Beside,. the last wit.
there were three bawls to, howsJ, hinjaw!l, the
Otani.., diitl the hr), :pupa VAlcre The mutt is

•
how at Alit ver/P. The alano4t evertioni were used
to give the Alert police, and s‘ove their oen
Cross-exams lard, —Thr vesvl. was struck oil the
larhooorol side. Though the distance was about two
Inn Aral yard■ when he first s.ssiiig out, ransom say
loos voice would be heard so for, but kept singing
out till just before the Alert struck her. There
was no singing out oil the roller side.
ler.examiwki„—lf tny body was on the watch in
the Alert, they inert have seen hint ; it was as light
as day. If the Alert hail done the same to keep
clear of them as of the colliers, they would have
escaped.
Joseph Grey. Master of the Nary and Amite
sloop, witnessed the accident. Heard the Favourite
hail the Alert once or twice; thinks the Alert must
have heard the cry. as she was more fimnurehly si-
tuated with respect to the wind than oatmeal's ves-
sel. The Fueoarite heaved her head to witid.
words and the Alert might have passed her on ei-
ther side, as she was stationary. The Akre might
have backed her topsails, and become atanonary, lay
which sess no accident would have token plate.
There was time enough, if the man 4 the helm had
chosen. The Alert actually ran iuto the Favourite
while alie was in stays. and she went to the bottuie
in three or fear minutes.

Robert Audley, master of s 'loop, raid there
was time enough for the Alert to have hove to wind-
ward or backed her topsails, but she MU aboard
of the Farowrite with all her saiti full.

Jueeph Martin, raviter of the liopeteell elooP,
said the Favourite did every thing proper. and
that the accident wag owing to the negligence of
the Alert.

John Gidler, the hoy, sang out lustily to the
Alert the night of the accident.
Robert Pate stated, that the cargo, consisting of
rape seed and wheat, wee shipped at Winheach, iu
Cambridge, and was worth at that time 1,1071. tio.
On the part of the Defendant, -- Penny, cap-
tain of the Alert, the mate, the carpenter, and two
of the crew, swore that no hailing was heard from
the Favourite; that the second collier suddenly
hove up in stays, and became stationary witl t
giving them any notice—that they were therefore
compelled to bear up to avoid running into her.
and did not see the Favourite till they had got beyond
the collier, which shut her out from their view ; that
they were then within forty or fifty yards of her,
and could not back the topmails without running
down the collier, nor heave in stays before comtog
on the Famierife-..that there was only a choice of
difficulties, and that the accident was unavoidable.
Mr. Galilee, an experienced ship-master, said,
that believing the evidence for the defence, which
only he had heard, he should say that the crew of
the Alert had done every thing iu their power to
prevent the calamity.
The Jury, without hearing Plaintiff's Counsel
to evidence, found fur the Plaintiff—Damps,
1,1071. 6s.