The Sun.
London, England, 1838-12-18 00:00:00

COMMON PLEAS.-(THIS DAY.)

GOULD V. OLIVER-IMPORTANT SHIPPING CASE.

Sergeant WILDE spoke this morning in reply—(the
evidence on both sides having been gone into yester-
day). The Learned Sergeant urged that a heavy
deck-cargo must be extremely prejudicial to the
safety of the vessel, especially in the winter season (in
which season the ship in question sailed). And he con-
tended that no custom could be legal and binding which
tended to endanger the lives of the passengers. And as to
the alleged consent, why the plaintiff had nothing to do
with the lading the vessel ; all that he did was, to con-
tract for the goods being carried ; and even if his ware-
houseman had agreed to the timber being carried
on deck, that could not bind his principal. But, however
that went, it was the constant practice of ship-owners to
make up for losses sustained at sea.
The Learned Judge was upwards of two hours summing
up. The question was, he said, whether deck cargoes were
bad and improper ; that is, whether it had a tendency to
increase the perils of navigation.
The Jury retired, and on their return found a verdict
for the plaintiff on both issues—Damagcs 10/. 9s.
Although the damages were small, the question decided
—the illegality of deck cargoes—excited great interest in
the commercial world. Many eminent ship-owners, among
them Mr. A. Chapman, M.P., were in Court.

CRIMINAL COURT.-(THIS DAY.)

OLD COURT.
Frederick Dawson Bundock, a young man of very re•
spectable appearance, was indicted under a vast number o!
aliases, for stealing two coats, the property of Wm. Miers,
from the house of Mr. Kemble, Manor-place, in the parish
of St. Mary, Newington.
Mr. CLARKSON stated the case to the Jury. He said he
apprehended that if he proved the case as it was represented
in his brief, the prisoner had stolen this property under cir-
cumstances of so atrocious a nature, that, if guilty, he de-
served no mercy. The prisoner had got acquainted with
the daughter of the Kembles ; he called there one day, and
sent out the father and mother upon some frivolous errands,
and then absconded with the property named as well as the
daughter. He had, however, done them even a worse ser-
vice since, in marrying their daughter, who was yet merely
a child. He then called
Mrs. Kemble, wife of Wm. Kemble, who kept a chant].
ler's-shop, at No. 1, Manor-place, Walworth. In July
the prisoner called to offer some cigars for sale, and called
very frequently after. Finding that he was taking much
notice of her daughter, she asked what it was he wanted ;
he said he wanted her daughter. Witness said she would
like to know what he was, and who were his parents. He
said he was in the Custom-house at a salary of from 1001.
to 1501. a-year, and his father lived in Canterbury-plcce,
close by, and he said he would bring him up. He did
bring up a person who said he was the father of the young
man, that he was in the Custom-house, and would soon
rise to a situation of 4001. Upon this he was received in
the character of a lover. On the 18th of August he came
and sent Mr. Kemble out with a letter, and witness to
Mr. Weiland's, for a watch-key. 'When she came back he
and her daughter were reading a book. When it came
near night the young man asked if they might go out and
take a walk, and she allowed them. She never gave him
leave to take anything belonging to Miers, who was not a
lodger, but came there when he liked, as she had known
him from his birth.
Cross-examined by Mr. CHAMBERS.—Miers's father
lived in the Blackfriars-road. It was half-an-hour's walk
from Manor-place. He kept the clothes in her house for
the purpose of dressing when he was goitre. out. She had
another lodger, a Mrs. Reid, who occupied one room. Her
husband did not always live with her•because they had mar-
ried without the uncle's consent. Miers might sometimes
have gone to Mrs. Reid's room to ask how she was. He
never slept there. Her daughter was not yet seventeen.
One day she went down to Greenwich along with Mrs.
Reid ; they were accompanied by two gentlemen in a
chaise. She did not know who they were. They called
at the shop on a fancy fair-day, and made the proposal.
'Witness gave her daughter into the charge of Mrs. Reid,
and had no fear. They did not return till after 9 o'clock.
Wm. Miers said he was an apprentice to a tailor in Black-
friars-road. He liept a box of clothes at Kemble's, and the
coats and waistcoat produced were his property, and had
been tzicen from the box.
Coss-examined—He had a brother of the name of John ;
he also kept clothes in Kemble's. They kept them there
because their father would not allow them to keep so many
clothes. He had bought the cloth for one of the coats,
and bought the others from second-hand dealers. The
coats were his property. He had seen the prisoner per-
haps three times in Kemble's ; he had never found him
(witness) in Mrs. Reid's room. He might have seen him
with Mrs. Reid, but where he did not know. He had
never slept in Kemble's house, nor had he ever found him-
self early in a morning in Mrs. Reid's room. He had not
every night slept at his master's ; he might have been in
places he would not like to tell of.
Emmanuel North, in the service of Field, a pawnbroker
in the Borough, said the prisoner pledged the two coats pro-
duced on the 18th instant for 11. 125., in the name of John
Kenny.

Cross-examined.—One of the coats was taken out by
Mrs. Kemble, and she desired the ticket for the ono that re-
mained to be made out in her own maiden name, in order
to save the property from the prisoner.
Mr. CHAMBERS addressed the Jury for the prisoner, and
called upon them from the foregoing evidence to believe
that the Kembles were persons who were making a property
of their daughter by allowing her to take trips to Green-
wich and other places ; and that they had row got up this
conspiracy after finding that the prisoner had married the
young woman, and that he had deceived them as to his
situation in life. They wanted to transport him for the
Purpose of recovering their daughter at her most valuable
age. He contended that the Jury could put no faith in the
evidence produced.
The Learned RECORDER summed up, and the Jury,
after a consultation of a quarter of an hours' duration,
returned a verdict of Guilty.
An officer proved that in January, 1838, he had the
prisoner in custody for stealing a coat. He was convicted
in the name of Frederick Mason. The Jury then with-
drew the recommendation of mercy they had given pre-
viously.

Mr. CLARKSON said, the Jury having found their verdict,
he found it his duty to state the facts which had now
been found out respecting the prisoner. In 1835 he was
tried, convicted, and sentenced to transportation ; it was
commuted to three:years' imprisonment in the Penitentiary.
That imprisonment expired in December, 1837, or
January, 1838, and in that month of January he was
again convicted and sentenced to six months' imprisonment,
which had not more than a month expired, when he intro-
duced himself to these poor unfortunate Kembles, and
yet Lis Learned Friend was instructed to say that they
had inveigled the " poor unfortunate" young man, and to
impute to them a foul conspiracy to ruin him, It was
most infamous. The conviction of 1835 was proved.
The sentence of the Court was, that the prisoner be
transported for life.

There were other two indictments against the prisoner.

NEW COURT.
Mary Sullivan pleaded guilty of having stolen a quilt
and a variety of other articles, the property of a person
named Wm. Swift.

The COURT said the offence was one of an aggravated
nature ; and as the prisoner was so well known, the sen-
tence as, that she be transported for seven years.
Win. Moore, who Rleaded guilty of pocket-picking, was
sentenced to be imprisoned and kept to bard labour in the
House of Correction for six months.
Benjamin Miles was sentenced to three months' hard
labour for having stolen a pair of boots, the property of his
mistress, Clara Collyer.
Jane Brown, who pleaded guilty of having stolen balf-a-
pound of tea, the property of Mr. Wm. Marshall, was, in
consequence of the good conduct which she has evinced
since her committal, sentenced to an imprisonment of only
four days in Newgate.
Philip Child was convicted of having, on the 25th
May, embezzled 3/. 155., the property of John Leach, her
master, and sentenced to be imprisoned for six months.
ROBBERY BY A PATROL.--Wni. Harvey, one of the
city patrol, was charged with having stolen Sib, of cocoa
and ilb. of tea, the property of Charles Butler Harris.
It appeared" that the prisoner went into
.the shop of
Mr. Harris, in Nicholas-lane, King William-street, and
obtained from a boy in the shop the articles in question,
telling him that his master would not miss them.
The prisoner, in his defence, denied the charge, and
stated that the boy told him he Was in partnership with
Mr. Harris, and actually forced the things
pocket ! He bad been a soldier 20 years, and never did
into his
anything wrong before.
The Jury returned a ';;rd'ict of Guilty.
Mr. Sergeant
~..,e4nIN said that it was a most aggra-
vat4 bffekioa fora n officer of justice, whose duty it was to
piote.ct the public, to seduce a young man to rob his
master. The oficnce was so ba4 that the Court must

The question in this case was one of very great impor-
tance to the mercantile interest. The action was brought
to recover damages against a ship-owner 'for throwing over
some timber shipped by plaintiff from Canada. The defend.
ant alleged that it was justified by stress of weather. To this
plaintiff rejoined that the vessel was improperly laden,
the timber having been placed on deck. The defendant
affirmed that this was the usual custom, and that it was
done with the consent and knowledge of the plaintiff. The
issues were taken on these pleas, the plaintiff contending
that the custom was improper • and illegal, and that he did
not consent to it. •