The Sun.
London, England, 1806-02-15 00:00:00

CO-WEN V. YOUNG.

• This was an aftiort brought by a sailo?, against his
employer, for wages due on a voyage to Grenada.—
On trial it was successfully resisted by the Defend-
ant, on the ground that the sailor had deserted his.
ship before she got into -dock.-
Serjeant COCKELL moved for a new trial on the
ground that there was.no . abandonment In point of
law ; and on the further ground, that credit had been
given by the Jury to the testimony of the Pilot to an
extent to which hewas unworthy of belief. •
The Pilot had sworn; that.he had, not nor. could,
grant leave of absence.to the Plaintiff altho' it was.
proved by other witnesses, to whom :the Court gave
credit, that whilst the ship 'lay in the river, lashed to
an Indiaman, preparatory to her going into dock, he
said that he had mire hands on board than he knew
what to do with. The Captain being ill on shore,
the Pilot had the command of the vessel.

The Court, on inquiring the amount of the sum
saed for, rnd learning that it Was about 191. said, it
was only .in particaiar cases that new trials were

HARD HARRIS, of No. 4, Martlett.court, Bow-street; an,
CE, No. 12Z, Stland ; where ildveriispients'Orders fc

granted for sums under 201. and therefore the Ru!e
must be refused.

TEMPLER V. M'LAUGHLIN.

Serjeant BEST moved for a netv trial in
ithis
case. It was an action brought by an Attorney for
condthing a suit at law for the Defendant ; but it
had been so negligently managed, that the client
neither had, nor could have, any benefit from the
aelion ; and he therefore resisted payment' of the
Attorney's bill. The Plaintiff, 'in the action which
was entrusted.to his'professional skill, had neglected
to examine the bail ; by which means the Defend-
ant in that. action had been liberated from confine-
ment, and, on a verdia going against.him, had ab-
sconded. Recourse was then had to the bail for the
damages awarded ; bUt they proved to be men by no
means competent to answer the demand. Notwith-
standirig this proved in the end to be the Case, dur-
ing the progess of the agion the 'Plaintiff (in this
case) wrote to his client that lie had had the ball-ek-
amined in open
.Court; and for so doing had made
charge upon Mr. M'Laughlin. There were'also in
his bill several items for proceedings against the' bail
—then who, from their insuffieiency;would rat have
been in that capacity if the Defendant had; dinie his
duty in making them justify in Court.. Upoti the
trial of this case on a former occasion a verdiet was
given for the Plaintiff; but he hoped the Court, on
the representation. of the facas, would set aside the
verdi&.

Serjeant SHEPHERD, for the 'Plaintiff, contended,
that the. Defendant could not say he was altogether
defeated in his action by the negligence of Mr:Terri-
pler, for it had been prosecuted with success, so as to
obtain a venal in his favour ; and although. the De\-
fondant in it had 'absconded, and the bail proved in-
competent, still he would be able to take advantage-
of the judgment whenever the span could be found.
-Serjeant BAILEY, on the same side, argued that a
professional man Was not responsible for accidents
that might arise in the prosecution, of a suit; nor
could a reinedy for negligence be had in the way in
which the Defendant sought it, viz; by .resisting the
Attorney's'bill. It is not apparent (even were the
dangerous and difficult to be limited doarine admit-
ed, that Attornies be responsible for their
clients' causes.) that the Defendant may
,not ulti-
inately'have the full redress he sought in the a6liou
against the 'man, who has absconded; and then what
pretence would there exist for depriving the preSent.
Plaintiff of the honest price of his services.
Chief Justice MANSE lELD.—" It is very true,. it
is not certain that the fruit of the suit out of which
this action has arisen, is wholly lost ; 'all the Defend-
ant has reallylestls, the having in custody the body
of Gardner, the original, Defendant against Nvhom he
proceeded. The bail or the man himself may hecome
of substance. . There; is no legal defence to this
-action.'.'

. Mr. Justice ROoKE delivered his Opinion, that the
way in which the Defendant should have .sought
re-
dress for any negligence with which the Plaintiff was.
chargeable, was by a cross-action, by which he might
cut down • the excess of the bill, ,which he now, al-
together, improperly, resisted.
The ,other Learned Judges delivered their opinions
to the same effect ; and the Rule was refused.

e We find by letters from Liverpool, -that_ Sithpsrin,
the high‘Vayman, who broke gaol, at Hertford, when
Under sentence of death, was a few days since appre-
hended there, charged with burglary, horse-stealing,
and his. old. trade of highway robbery,' -thr .each of
which there appears the fullest pfoof against
It is cenjeaured, however,-that from the.notariely of
his charaacr, previous to his conviEtion, and the
artful deceptions he pradised, that the Magistrates
of that County will endeavnur to get him removed
in order to meet his fate at Hertford.
•, On Thursday evening, as five boys were.coming-
on shore at North Shields, from the Ship Pomonai,
tyre boat unfortunately got upon a ship's hawser and
upset. Four of them-got hold of the-rope, but the
fifth, who was a Scotch lad (to whom.they had-
given passage-from Mora Island, where-- he, had been
shipwrecked and suffered man'- hardships), went to
• the bottom, and before-assistance could be rendered, -
one. of the others, a bov belonging to London,. let go
his hold, and was likewise drowned. One of the
bodies was found on Saturday.- r
,yesterday afternoon, between one and two o'clock,
a fire was discovered in the vaults of a wine-merchant
in the Old Jewry; which at first caused great alarm;
but, by the early arrival of the firemen and engines,.
was entirely extinguished without doing any matetial
damage. - •
On the 15 th of April;.. the .Anniversary of the
Royal Humane Society. will -he celebrated at the
London Tavern.---,ln the evening ° the Honorary
Medallions will be presented to the Medical Assist-
ants,. &c.. The Annual RePort, for 1806, will like-
wise be published the same day, and presented to
the Guardians Of the above Institution.—The BISHOP
of ,Sl.. DAVID'S,*, Baron DE. ROBECK, Bei. 'Dr.
VYSE, Dr. GREGO4Y, and others distinguished for
their philanthropy, havekindly offered to be Stewards
I the present-year. •

.SIIIP NEII/4.

CRAVESEND;,FEB. 13.

Passer! ',•!•—the Charlotta, 1 ormdailc, and Cum-
berlAnd; —oocling, from Surinam; William, Aslikvick, from
Lisbon; Snannon, Daniels, from Limerick; llope,' !0p....,
and Larwiclt, Ran, froth Ethb.ien.

• Sailed—the Lady' lane Dundas,- Lindsay, for India ; Ma—
rian, Wilson, and fliornas, t)a;rympie,• for Surinam-;
Owen, for Dublin ; Arm, Atkins, for laniaica ; Ro—
bert and Sarah, Wilson, and CLarlotte, Han;
bro'.