The Sun.
London, England, 1822-07-11 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JUL; 10.
GOWER V. THE LONDON ASSURANCE COMPANY.
This was an action by the plaintiffs, as agents for a Spa°'s
Gentleman, named Ignatio de Capares, to recover the sum
2,8001. on a policy of insurance effected by the London Assnr:
ance Company, on a box of jewels, on board a vessel called 1,/.1"
Perle, from Marseilles to Valencia. The policy expressed the
value of the goods, and the declaration stated the loss to hare
arisen "by the perils of the seas." The vessel was lost on the
voyage, and the defendants now resisted the paYment of tne
sum insured. The case on the part of the plaintiffs was e°,411:
ducted by Mr. Scarlett, Mr. Common Sergeant, and Mr.
Pollock ; and on behalf of the defendants, by Mr. Solicitor-
General, Mr. Campbell, and Mr. Coleridge. 1816'
It appeared that the voyage was made so long ago as d
In the letter to the defendants, the vessel was simply describe_
rpre
by the French word navire, which, according to theinta
tation of all the witnesses, did not alone import a ship of an!
particular size, but was coextensive with the English tau'
vessel, and the defendants made no inquiries to render its melt
ing more definite. Mr. De Capares, the party for whose bene
the insurance was made, sent a box by his friend Mr. Figart
who was going to Marseilles, that it might there be shipped:
its way to Madrid. Mr. Figaroa, who, as well as the captain'
mariners, and some other witnesses, was examined on interro-
gatories abroad, deposed that he saw the contents of the betr"
from
but would not take on himself to swear whether they
jewels, not being competent to distinguish genuine jewels fre
counterfeits. The vessel was in reality a half-decked vesu.dsi
or felucca, used to navigate the coast, which large ships e°
not approach with safety. The
captain and one of the manners
stated, that the vessel was brought into peril off Port Bouck, he
France, by stress of weather ; and that he and the crew °el,
• *ll
forced to go on shore to save their lives. They passed the n 1117.,
in a cavern at the edge of the water, whence they occasionally
looked out to watch the vessel, till two o'clock in the ranalilit
when they lay down to sleep, worn out by labour and distress'
At the dawn of day, they looked out again, and saw onlY tit
top of the mast above the water, whence they learned the ext... „
ox their misfortunes. A delay in the attempt to save the carg;
was occasioned by the refusal of the people at Bouck to advaile,s,,
money ; and the captain was obliged to proceed to Marseln?.:
before he could obtain it. The whole cargo, consisting of Inr's
eery, the box in question, and a quantity of vitriol in carboy ;
was lost. Some examination of the master and seamen, °,11,,
charge of barratry, took place, but they were ultimately
"
missed without being put on their trial.
Mr. SOLICITOR-GENERAL rested the defence on t'vit:
grounds-Ist, That there was a misdescription of the vessel'
which the defendants were led to suppose was a regular si"s
and secondly, and principally, that the whole transaction Ve
a fraud—that no jewels ever were on board ; and that ;er,,
wreck was designed for the purpose of defrauding the insurdity
To establish this latter defence, he relied on the improbab a
of any one sending jewels from a good market in Feaneel°,
bad one in Spain—on the unusual course pursued of sel'i„tife
them by sea on board a small and inadequate vessel--- really
default of the plaintiff to adduce proof that jewels were reiethe
on board—on the total and unaccountable absence of
cargo—and on discrepancies between the statement madeyoe
the Captain at the time of the loss, and that to which hein
deposed. He contended, that if the Jury thought the Capper,,
had been guilty of fraud, without the connivance of his the
still the defendants would be entitled to a verdict, because,ad
declaration only averred a loss by the perils of the seas/
contained no count for a loss by barratry.
The examinations of several witnesses who had exerted the
in;
Cl 3;
selves to save the cago were read. They proved that nosh
but some sacking and two empty jars were found on board ; bag
they thought it unlikely, though not impossible, that the,. the
and the vitriol might be washed away. A bale of silk, °',leo
value of nearly 1,0001., the property of Mr. Figaroa, vresreaelt
lost. The original protest of the captain and mariners was tor
and in several points materially differed from the atatenten
himself and of Julian, and witnesses were called who thong
there would be considerable risk in sending articles of value the
board so small a vessel upon the voyage in question, to
season of the loss ; and who said the usual course Was to
them by land. da°'
Mr. SCARLETT gave in evidence the letter of the defer' the
declining to bear the loss, and giving as their only reason
unfitness of the vessel. Upon this,
A As'
The SOLICITOR-GENERAL observed that the Lon-°.deece
surance Company were not at that time aware of the evit „. to
which had since been discovered to give a darker colouring
the transaction.
aetefr
Mr. SCARLETT replied on the whole case. No e-atfist o'
among nations stood higher for probity and faith than 4110
the Spaniard. Were the Jury to believe that Mr. Figar°a' the
had conscientiously refused to supply that very proof „ self
absence of which the defendants relied, and who had bf"coa,
property on board the vessel to the value of 1,0001., hfr,,d „a?
spired with Mr. Capares to effect this most atrocious I,!'"dian
Was it said that Spain was a worse market for jewe' had
France ? Let the Jury remember, that if Franced that
more wealth than Spain, it was more divided',
p ur
aos'
there were fewer persons able to make costly " re
If it was urged that the course by which the Jewelsopa
sent was unusual, it should be recollected that their via
had the advantage of confiding them to his friend.
the Captain plan this fraud ? Why did lie not, the%ger?
form it on his own coast, instead of choosing that of straa pro'
If the whole evidence were reviewed, it would appear Toor the
bable that the divers and their assistants had subtraete'reces'
property than the seamen ; but this supposition was net Iwo
sary ; it might be swallowed up in the ocean, or ‘VaSTV'n his
those rocky caverns with which the shore abounded. iorget
Learned Friend thought this impossible, he seemed to
the language of the poet—
" Full many a gem of purest ray serene,
" The dark, unfathom'd caves of ocean bear.'
steti'
The Learned Counsel proceeded to argue, that the incont
cies of the captain's statements might be accounted for uilas9
ignorance of the Spanish language, in which his Pn)tee."
drawn, and by his distress at the time in which it was In 7501;
Ile had now no opportunity of explaining apparent inet)olo
ency, which witnesses in his situation who were actually
into the box enjoyed, and by which they frequently e)rnlw r ,
eat
themselves from all suspicion of a wish to deceive. Theti be
balance of evidence and of probability would, he trnste ,
votal
found to be in favour of the plaintiffs.
The LORD CHIEF JUSTICE expressed his decided' °Joie"h
that there was no foundation for that part of the defence e so;
rested on the supposed misdescription of the vessel. 15,1 Rill
med up all the evidence on the question of fraud, and
entirely to the decision of the Jury. 01'
The Jury retired at half-past three, and remained 111 c°llcoa_rfl
tation until six o'clock, at which time they returned intendu
with a written verdict for the defendants, on the gr"
barratry.
voient
On Saturday, a young lad in the employ
of the miller at Inverarity Mill, snatched u` °
ot
'
gun which was lying in the house, and Witt his
knowing that it was charged, presentet
d it:0,0!,
master's son, a young child, saving in a ul.
vo
playfulness, " I'll shoot you ; I'll shoot 00.
The piece went off, and the child was killed
the spot.—(Dundee Advertiser.) the'
A that
In about ten days, it is suppose, Devoll
wheat harvest will be pretty general in oro,
shire ; in every direction the wheat ig udllucce•
monly fine, and promises an abundant pr.
BIRTHS.
gsh errl of
ark
A few days ago, the wife of Michael Fiddler, __a p
Selsey, of three boys, christened Michael, Matthew, 4'14'10
Capt. Ire
On
the Bth
hinsila
tiarrt3h_aits,l4Rou.N., seinofCalesvoenla.nd-rove, the

MARRIED. blill'
D o
On Saturday, the Gal inst., at St. Kevin's Church! coo°off
anon;
the Rev. Francis Synge, of Rathmore Castle, King,kosca
to Julia Anne, third daughter of the late Col. Edwaru '
nell, of Newhall, county Clare. p,
as t„te
On the 9th inst. at Arding,ly, Sussex, the Rev. TholD f the P'
Rector of Ardingly, to Catherine, youngest daughter runty'
Admiral Peyton, of Waltehiirst Park, in the sarcT2l

•
DIED. es,
• 0511,
Of Dysentery, the 15th December last, on the River of •
F. S.. Donnelly, Esq. commanding the Islajeb Regirclent
valry, at Delhi, and son of Rear-Admiral DonnellY•
• On the Ist inst. in Duke-street, Manchester-square, „
Anne, the wife of William T ' rower Esq. of Calcutta, ate.; tb,
On Monday last, at his house in Lower Seymour-su' ~
Wife of John Henry Stewart, Esq.
On the 24th ult., in her 211th year, at the Ivy Cotu&-'d te" f.
Westmoreland, Jemima Anne Deborah, wife of Edw.,
linan, Esq., and second daughter of Sir Egerton BrYug;
ha ins'
Her death was occasioned by the accident of her clotheufferiin_A
caught fire, from the effects of which, though her,:rrileciv-
were most severe, n fatal result Was anticipated by
iL
attendants. •
the St;
Printed and Published for the Pitornivr 0115,
Office, No. 112, Strand, by J. 13. CAnsv"