The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-17 00:00:00

GOODCIIII.O and ANOTHICII U. COCIIRIPE.

This was an issue tried by a Jury.
Mr, Serjestiot VAUGHAN stated, that it was sit
action brought against the Delsinhoit for en,
nia.ter of it trading vessels in stowing cram,'
goods intrusted to hint for his carriage and safe con-
veyance. The Plaintiff had bought a quantity of
plate glass at Dumbarton, in Scot,anil, and filit
them on hoard the James mod Archibald, a tradig-
vessel, of which the Defendant was MLrsrrr, to he
carried to London. On the vessel arriving here,
it was discovered that the crates of glass hail been
most negligently stowed ; they had bre', put loosely
into the bottom of the hold, with a number of clico-
- pigs of lead, also unattached and uncos 8!o-d, in-
satnitcle that on Cory motion of the ship they roi lr.l
against the glass, In corisequence a numb, r id' the
plates of glass hail been broken. The value of
these oas ritillitittd at 1001. They sought only in-
demnification Milli the only question fur the Jury
to consider was, whether the injury dress from neg-
lect of the Captain ; it they should hod it did, th.y
world hate no hesitation its Lindh g a verdict fur
the Plaintiff.

Thomas Tyrrell called and examined.
Paid the freight on thirty crates of crown glass at
Dumbarton, to the I)efeitilaiir, f r Mr. Joepir
Goodeleild, and rodured the bill of White.
--Smith is in the employment of Mr.(;noulchil I ;
went toexamine the giros when the vessel arrive d ;
it was stowed carelessly; iron had been used for
ballast instead of mind ; the iron was in rough rOiiiid
pieces. One of the pigs of lead had got tinn ugh
the bottom of one of the crates; assisted in iii load-
ing the crates, they were carried very carefully to
Mr. Gootlchild's premise.; when unpacked, the
glass was very much broken, one crate had nine
plates broken, another seven, others our, two, and
three ; one crate was lying on its side agairt-t the
mast; thinks the dstn.ge proceeded from the im-
proper stowing mid the iron together.
Cross-examined—Thinks iron is not proper bal-
last; the mate told him there were hut four crate-4
at the bottom that could not be got out till other
goads were removed, those were left behind ii:t
afterwards; there was not any glass broken in
theta.

Re-exantined.—Mr. Locke went on board the
iessel in company with Mtn ; the glass sustained 1.0
injury in being ternoved by him.
-- Locke was servaht to Mr. Chance, who
had glass on hoard the ✓a►nes and A►chibald PAW
Mr. tiootlchild and the la►t witness there ; save the
crates at the bottom of the vessel, anti round pig 4
of iron lying among them ; one crate was so situ-
ated, that the least motion in the shill t*onld make
one rod of it cock up ; on lifting up the crate.,
the glass was known to be broke by the rattling ;
thinks the damage 3rose froM the glass heii-g too
closely pressed by the iron; never saw ally other
ballast than sand.

Cross examined.—lfis master's crates were nit
insured ; heal(' Sir. Gond( had grumble at the Key
iu which his crates had been stowed.

Perry. • ligliterman, took some craft
out of the vessel in his lighter, to shore ; when tin y
were put into the lighter the glass teemed to
broken.

The case frr the Plaintiff was here closeil.

Mr. Srrjeunt Rstee addressed the Jnry fist the
Defendant. He felt confident he cool I spew the
Jury that they ought not to gite a shilling of da.
mars. The bill of lading engaged for u safe coo-
vryance. with the exception of all damages sod ac-
cidents of the Pea. lie should prove that the jujusy
done to the gliss was the consequence, lint ot
negligence on the part or the Captain. bit froiti
the vessel's rung aground while going &wit the
nvet from Dumbarton, which came aithiti tl.e Ile.
scriptiou cf sea accidents. This alone ►of6-
ciently accounted for the iron getting into the
crate, and all the other damage. The slop
bumping on the sand heti forced the iron op.
Negligence of stowing was the charge ag•tin►t the
Captant in both counts of the indittment, and if
the Captain wait bound to •hew that the glass load
been properly stowed, that would be a very "viol
ground of action; but here he was nut. f. r it
would be proved that the sellets of the glass, the
Dumbarton Company, had put it on board them-
selves. not choosing to trust it to any body else,
and that there was not * man of the master's below
when the glass was stowed. But admitting the
Califon' was responsible, improper stowage had not
been ',roved. Every ship of war was ballasted in
the manner this ship was, and he should bring 'sit-
u's saes to shrew that the Dumbarton Company saw
and approved of the stowage in question.
Robt. M`Farland examined.

la now mate of ►he. James and iirChibold ; was
On Wind us one of the crew when the cargo was re.
ceived ; know; the mode of stowage used by the
Dumbarton Company; has been with thiee or
four cargoes of glass to Ireland, wills iron ss ballast ; •
believers it A prover ballast—the vessel got aground
Coming down the giver from Dumbarton; teary
were obliged to take nut smite of the glass to lighten
her; by that means they gut off; it was taken out
end re-stowed by the Company
Cross•..ramined.—The Vessel belongs to some
members of the Dumbarton Company, and was
stowed by their strvants.
In answer to a question from the CHIEF An.FICE
—The mode of ballasting enopfu)ed ars usual
and proper in that trade.
Joules Ewing was one of the crew. Pig iron is a
usual ballast ; hits been Wen years to that trade, sod