The Sun.
London, England, 1825-01-19 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, JAN. 18.
This was seal day; but no motion of the least interest to the
public was made in the course of it.

VICE-CHANCELLOR'S COURT, JAY. 18.
The Court was occupied with hearing the arguments of Coun-
sel on a motion for the new trial of an issue arising out of a
tithe cause of no public interest. His HONOUR postponed his
judgment.

COURT OF KING'S BENCH, JAN. 18.
TANNER V. BENNETT AND OTHERS.
This an action on a policy of insurance, for a total loss
by perils of the seas. The defendants pleaded the general
issue.
The policy was effected on the ship Margaretta, from Lon-
don to St. Thomas's, and until the ship should be moored there
twenty-four hours in good safety. In the Downs the vessel re-
ceived a small injury, but was immediately repaired, and pro-
ceeded on her voyage. When she had nearly reached her port
ofdestination, in the night she struck on a rock called the" Three
Sisters," the wind blowing from the shore. In two hours she was
got off, but made much water; and after the sacrifice of part of
the cargo, she was towed into the harbour of St. Thomas's_
There, according to the testimony of the captain and mate, appli-
cation was made to two sets ofsurveyors,who severally condemned
her as incapable of repair, in the then state of the port and
country. On this opinion the captain sold such parts as he
could dispose of ; and after ineffectual attempts to sell the hull,
allowed it to be sunk. On the part of the plaintiff, it was con-
tended, that as the vessel received " a death-wound" before
her arrival at St. Thomas's, the loss was within the terms of
the policy, and they were entitled to recover.
On the part of the defendants it was contended—first, that
that the loss occurred by reason of the negligence of the captain ;
second, that it did not appear that the death wound of the ship,
if so it was considered, was given before her arrival ; and third,
that the vessel might have been repaired at St. Thomas's, and
that consequently the plaintiffs could neither claim as for a
total loss, nor ascertain the amount of' average. To support
this last ground of defence, several experienced captains were
called, who described the harbour of St. Thomas's as affording
1 ample facilities for repairing ships of greater burden than the
Margaretta, and the neighbouring islands as abounding with
wood for the purpose.
The Loup CHIEF JUSTICE first addressed the Jury on
the claim for the total loss, and said that there were two points
lof view, in either of which the law was clearly in favour of the
defendants—if they thought the accident arose from the negli-
gence or misconductof the Captain ; or if they thought the vessel
might have been repaired, and that the omission to repair arose
from his fault or that of the agents of the plaintiff. There were
two other views of the case, in either of whichhe should recommend
them to find a verdict for the plaintiff, but should request them to
state the special grounds of their finding, that the law, which was
possibly yet unaccertained, might become the subject of discus-
sion in the Court above. These views were—if they thought the
vessel, having received an injury before her arrival from the
perils of the seas, might have been repaired, but was not repaired
in consequence of the misconduct of strangers ; or if they thought
she could not have been repaired at St. Thomas's, but might be
repaired in any of the adjacent islands. Thus much for the
question of total loss ; but, though the declaration claimed
such loss, still a verdict for a partial loss might be given. As
to the slight injury in the Downs, he thought, after the manner
in which the case had been litigated, and in the absence of all
evidence as to its extent, the Jury ought scarcely, in respect to
such damage, to give a verdict which would cast on the defend-

ants all the costs. Tint if they put out of the question the total
loss, and yet thought the injury done to the ship did not arise
from the misconduct of the captain, they might find for the
plaintiff an average loss, if they could in any manner ascertain
the degree of damage done before the arrival of the vessel.

The-Jury retired-for an hour, and then returned with a ver-
dict for the plaintiff; expressing, however, their opinion that
the vessel might have been repaired at St. Thomas's, and that
the repair was prevented by the plaintiff's agents. They found
the plaintiff, therefore, entitled to recover as for an average
loss; and the extent of that average they had no means of
ascertaining. . .

Mr. ScZtLETT contended, that under these circumstances
the verdict ought to pass for the defendants, as it was the duty
of the plaintiff, claiming average, to show its amount.
The LORD CHIEF JUSTICE, howeVer, thought the plaintiffs
entitled to nominal damages ; and accordingly the verdict was
entered for him—Damages Is.
The case has been tried before, when a general verdict was
given for the plaintiff.

CORONER'S INQUEST.

THE FATAL BOXING MATCH AT CHALK FARM.

Yesterday at three o'clock a respectable Jury
assembled at Mr. Spark's, the Chalk-farm-tavern, to inquire
into the death of John Stone, a young man, who was killed in
a pitched battle- on Sunday morning last, in that neighbour-
hood.

After hearing the evidence, the Coroner and Jury viewed the
body, which presented a shocking spectacle : on their return to
the Jury-room, Mr. STIRLING addressed them to the following
effect :—Gentlemen, I think it necessary to make a few obser-
vations on this case, and on a practice which, of late, has been
pronounced by the first legal authorities to be illegal—a prac-
tice which in itself is disgraceful to society, and only encou-
raged by the most debased of mankind. Having made this allu-
sion, you, I am sure, will perfectly understand I mean the prac-
tice of prize-fighting. If a sudden quarrel arise between two men,
which is decided by boxing directly, although, perhaps, not al-
together legal, yet they cannot be supposed to have any malicious
-motive; and if one be killed, the law humanely takes the sud-
denness of the circumstance into consideration, and gives the
accused the full benefit of it. But, Gentlemen, if in a public"'
house, or elsewhere, two men are matched to fight for money,
at a distant given time, and enter a ring where a ring is pre-
pared, to fight this pitched battle, although they may not use
murderous weapons, yet, if one or other be killed, most un-
doubtedly, in my opinion, it is wilful murder, and comes
within the meaning of the statute; and to such an extent has
this disgraceful system gone, that it rests with you, if you
think the man died not from exhaustion, to return such a ver-
dict as will bring all the parties before another tribunal. lam
informed, that of late the practice of prize-fighting has been
carried on every Sunday in this neighbourhood, and the local •
authorities will, I trust, by a summary process, prevent a re-
currence of such disgraceful scenes. The Coroner concluded
his remarks, by stating the distinction of the law as regards
murder and manslaughter, and called upon them, on the evi-
dence, to find one or the other.
The Jury remained in deliberation for half an hour, and on
returning,
The Foreman said, " Mr. Coroner, we have found a verdict_
of Manslaughter against Joseph l'acker ; and against Cum-
mins, Saunders, Adams, and Hearne, the seconds and bottle-
holders, as accessories ; and the jury fully concur in the pro-
priety of checking the practice of prize-fighting."
The CORONER—Gentlemen, 1 cannot receive your verdict
in that form : the persons accused must all be guilty alike ;
they are all equally culpable ; nay, even more so than the
principal.
The Jury, after a few minutes' deliberation, returned a ver-
dict of " Manslaughter" against all.
Packer surrendered on Monday, and is in Clerkenwell prison.

COURSE OF EXCHANGE, January 18.
mstetdam
Ditto, at Sight
Rotterdam► l2 3
Antwerp
Hamh►rrgh lO 21 Cs.
Altona
Paris,3 Day's sight
_ _ _

Ditto _ .
25 45 2 , -•
Boni dentix, ditto
Berlin , 7 5

Fiat'lifort on the Nliti n
Pete' sbnrgh . 9
. _ _

Viennit lO t
Trieste
. •.. S 6 Effectivo
Cadiz
liilb~►a
Barcelona

Seville ........ asi
Gibraltat
Leghorn
Ge0..14 ... 44i-yeoice, hal . Liv 27
Malta
Palerme)
Lisbon
Oporto
Itio Janeiro .
Bahia soi
I)nblin .... 91 Cork 91 pel Cent.
BULLION

51

Pot tligal ti Coin I .n 0 0 per OS,

Foreign Gold, in Bars
New 1)ui111loons

New Dollars
•;il rev- tit;indard ......

.0 4 10A
.6 5 ni

BIRTH.
At Rotterdam, on the Oth of January, the lady of Theodore
John Buschman, Esq., of a son.

MARRIED.

------ -
On the 18th inst., at St. Martin's Outwich, London, the
Rev. James Boyd, minister of the parish of Auchinleck, is
the county of Ayr, to Jane, only sister of A. K. Hutchison,
Esq., solicitor, Crown-court, Threadneedle-street.
On the 18th inst., at St. Olave's, Hart-street, Mr. Thomao
Gillespy, of Crutched friars, to Miss Roebuck, of Trinity-squat e

DIED.
On the 14th inst., at Gloucester Spa, the lady of J. H. Allen,
Esq., M.P. for Pembroke.
On Sunday, the 16th inst., in the 68th year of her age, Eli•
zabeth, the wife of Noah Slee, Esq., of Bath-terrace, Hewing.
ton-Butts.
On Tuesday, the 18th inst., Mr. James Lewis Turquand, 01
Spital-square, in the 77th year of his age. .
On Sunday, the 16th inst., at Wandsworth, Surrey, Edwin,
son of Mr. Edmund Read, aged 22.
Yesterday morning, in Upper Bedford-place, Olivia Jane'
the infant daughter of Nathaniel Ellison, Esq., aged 2 monthtc
At her house in Mortimer-street, Cavendish-square, Mrs'
Mary Topham, widow of the late John Topham, Esq., F.R.S'
On the 18th, inst, aged 11 months, the daughter of Dr. Mir
Sims, of Cavendish-square.
On the 12th inst., at Bellevue, Aberdeenshire, in her 92:‘
year, Miss Farquhar, sister to the late Sir Walter Farquhar
Bart., and the last survivor of the numerous family of the lat'
Rev. Robert Farquhar, minister of chapel of Garioch, N.B.
On Wednesday, the 12th inst., at WThitehaven, Sarah, th'
wife of John Littledale, Esq., Collector of the Customs.
Lately, at Cheltenham, Gloucestershire, aged 76, Mrs. Mar:
Maltby, relict of Thomas Maltby, Esq., and daughter of Jame'
Wiggett, Esq., of Norwich.

EAST INDIA BIRTHS, MARRIAGES, and DEATHS

BIRTHS.
At Sylhet, Calcutta, on the morning of the 2d August, th
lady of W. J. Turquand, Esq., Civil Service, of a daughter.
At Arcot, Madras, on the ltith inst., the lady of Lieutenar,
Naylor, 89th regiment, Aid-de-Camp to Major-General Seweb
of a daughter.
At Berhampore, Madras, on the 13th inst., the lady of 3.1
Ansly, Esq., Civil Service, of a son.