The Sun.
London, England, 1822-12-23 00:00:00

undoubtedly her owners were liable for the amount of the da-
mage done.
Captain Stratford, the master of
.the Fame, was called and
proved these facts. He had no doubt that the accident might
have been avoided, had the crew of the smack attended to their

duty as they ought. On his cross-examination he said, a sbip
might drift at sea, but it could not without the fact being no-
ticed by a careful watch. The weather was rather darkish, but
not cloudy. It did not blow strong, though it was a little fresh.
The Superior hoisted her fore-sail, but not until she was close
on board the l'ame

The evidence of the Captain was thus far corroborated by
that of some of his sailors. One of them added, that when the
Superior struck, one or two of her crew ran up from the fore-
hatchway, and cried out " For God's sake cut your cable." At
the -same moment some one cried out " Oh, what rascal had
the watch ?"—This was the plaintiff's case.
For the defendant, llr. Sergeant PELL said he was instruct-
ed to state that the real facts of the case bore a very different
complexion from that which had been given to it by the wit-
nesses for the plaintiff. He should be able to shew that the
smack had made every exertion to avoid the brig, and that the
accident eventually was owing to circumstances over which her
crew had no controul—namely, that the tide had set strongly
in that direction, that it was bloWing hard, and that the night
was so dark, that it was impossible to see any object a mile, or
even a quarter of a mile a-head.. If he 'should prove these facts,
he was satisfied that his client would be entitled to the verdict
of the Jury.
Duncan, the master of the Superior, said that ,on the
night in question, he was called up by the watch on deck.
When he came on deck, th d smack was just on board the brig.
He saw the foresail partly hoisted. He would not have hoisted
. .

it had he been on deck, as it would only increase the force of the
shock. He asked " What stupid rascal has done this ?" Ife
was answered, that it was done at the desire of the persons in
the brig. The accident Could not have been avoided by any
exertion on the part of the smack's crew. The night was dark,
and it was blowing very fresh. If the Fame had cut or slacked
her cable, the smack would have cleared her without injury.
Several of Captain Duncan's crew were called, who cor-
roborated the . main facts of his testimony. They were all
positive as to 'the watch being on the deck of the smack, of the
darkness of the night, and of blowing .fresh. In answer to a
question from a juror, one of the witnesses said that if the
brig had sheered her helm, as she ought to have done,
as the smack was drifting towards her, the shock might
have been avoided. She- did not sheer her helm.

This was the defendant's case.
Mr. Serjeant LENS, for the plaintiff, now proposed calling
another witness, to contradict the. tact sworn to, respecting the
sheering of the helm, •
Mr. S2rjeant PELL objected. The plaintiff had closed his
case, and he submitted that the plan proposed would be open-
ing a new one.
Mr, Serjeant LEsrs contended, that he had a clear right to
call a witness to explain what had been given under circum-
stances where, properly, no cross-examination could be urged—
(examination by a Juror.)
Lord Chief Justice DALLAS held, that the witness might be
called, and the question put.
Mr. Serjeant VAUGHAN said, perhaps it would be as well to
have the witness recalled, and the Jury allow to gain explana-
tion by an examination of their own.
Mr. Serjeant PELt., with some warmth, objected to this
mode of proceeding ; to which, in an emphatic manner, he ap-
plied the word "
Mr. Serjeant VAuc.liAN.—(With warmth.)—" I deny that
my conduct is insidious, and I will uot allow any man here or
- elsewhere to tell me so."
Mr. Serjeant PELL seemed about to reply to this, when
Lord Chief Justice DALLAS interposed. "- I lament (ob-
served his Lordship), I grievously lament thotie interruptions
to the business of the Court by ebullitions of temper, which to
me are extremely painful,' ecause they are' little calculated to
raise the character of ,the profession in the eyes of the public.
Speaking for myself personally, I niust deplore tile occurrence
of such scenes, because my long acquaintance ,and connec-
tions with the bar, and the necessary esteem, and I may say
affection, which I bear towards my brethren in the wofes-
.sion., hays always restrained-me-tiamr4i*iliositrg- the amithn
rity of the Court. It has indeed been said to me on some
occasions, " Why not interpose that authority.? 'My answer is,
that it is not in toy nature to do -so: lam restrained by those
feelings to which I haVe just alluded. My anxious and earnest
desire is uniformly rather to still those angry waves, than to
oppose myself to their force. My great wish is at all times to
secure harmony between the members of the profession, and to
promote it by every means in my power."
The witness was now recalled, and was examined as to the
sheering of the brig'S helm, wheh the smack was coming down
on her, but nothing of any importance was elicited from him.
Mr. Serjeant PILL now asserted his right to rely to this
new evidence, which he said he availed himself of. with the
greater pleasure as it aftbrded him an opportunity of saying a
few words upon a matter personal to himself. lie would
challenge any man to assert whether a case could have been
conducted with better temper than he had condinaed this case
until an attempt was made to take what he considered to be an
unfair advantage of his client. To the decision of the Court,
in alloWing the question to be put, he hail boWed, as he always
should, with great deference; but he did expect that when the
question was put, it would have been fairly and in the usual
way; instead of which, it was suggested that the examination
should come from the jury. H e felt such a proposition to be insi-
dious, and had so termed it,. because it went to place him in any
cross-examination of that evidence upon` uneven terms with the
jury ' • that object being denied; he felt bound, as a gentleman,lo
alter his first impression, which he now candidly did. He hoped
it was not his practice to conduct his case. with any warmth un-
becoming the zeal which an advocate naturally had for the ine-
test of his clien. The Learned Serjeant then contended that
the new evidence, if such it could be called, let in by the re-
examination, did not in the slightest degree diminish the de-
fendant's right to a verdict.
Mr. Serjeant LExs rplied to the whole ease. In reference
to what had just occurred, -he would say no more (not being
personally concerned) than to express his deep regret at the oc-
currence °fluty matter which called for personal explanations..
The LORD CHIEF JUSTICE summed up, and Left it to the.
Jury to Weigh.the merits of the very conflicting evidence which
they had heard on both sides. With respect to what had fallen
from him a few minutes before,.on the subject of the introduc-
tion of.personal feelings into a cause, he should sincerely•regret
if any one word which then escaped him, was calculated to
wound, however slightly, the feelings of any Gentleman at
the bar. If he were conscious of having used any such words,
he would frankly and without hesitation avow it. It might hap-
pen to a Counsel at the bar to err, and knowingly continue in
that error, from an adherence to the false notions of the world,
which might be supposed to warrant his not making a full
and immediate explanation. With a judge, however, the case
was very different : situated as he. was, nothing ought to prey
vent him from giving the fullest explanation when that was
called for by any misconception of his words. having said this
he would add, that he did not feel himself called upon to ex-
plain any thing Which; he had beflire said, further than to re-
mark that his observations were not meant to apply to one gen-
tleman at the bar more than another.
The Jury retired, and after an absence from Court of nearly
an hour, returned with a verdict for the defendant.

MYSTERIOUS Frit E.—On Saturday PeterWhite-
hair, watchhouse-keeper at Somers' Town, attended at the Police
office Hatton-Garden, for the purpose of making oath to a fire-
that broke out a second time at GI, Burotn -crescent, at 12 o'clock
on the night of Wednesday last, for the purpose or iec.iving the
reward due to him for bringing the first engine. It appeared
that about six o'clock on the above named evening, a person was
seen to go out of the house and shut the door. t seven it was
'discovered by the watchman that it was on fire ; he knocked at
the door, but there was no person in the house to answer him; the
alarm became general, and it was found necessary to break open
the door, when it was discovered that the entire of the stairs and
banisters from the bottom to the first floor were on fire; the flames
prevented any person going up stairs to save any part of
' the furniture, which was of the most fashionable and modern
kind • four or five engines arrived in time, and a plentitkil
supply of water being obtained, the fire was extinguished, but
not before the lower staircase to the first floor was destroyed :
the firemen examined the progress of the fire, and remained on
the spot for nearly three hours. In two hours after they left,
which was about twelve o'clock, the neighbourhood was again
alarmed with the cry of fire ; when it was disetrrcred that it had
broken out a second time in the same house.—The second fire
broke out in the joists of the first floor, and appeared to have no
connection with the first fire; how,ver,ithe arrival of the parish
engine, brought by Whitehair, and persons with buckets of
water, extinguished it.: