The Sun.
London, England, 1807-12-18 00:00:00

COURT OF COMMON PLEAS, Dsc.

SITTINGS AT NISI PRIUS, BEFORE LORD MUST
JUSTICE MANSFIELD, AND A SPECIAL JURY.

FORRESTER V. TUNNO ANP OTHERS.
This was an a6tiOn brought against the Under-
writers, by Plaintiff; owner of the Favourite, to re-
cover the value of that Ship, which was lust on the
7th of May last, by driving on a reef of rocks'olf
.Gonaille, a small island, a very short distance from ,
the island of St.-Domingo.
The Favourite sailed for Port-au-Prince, with con-
voy, some time in January, taoti previous thereto,,
she was. bought
.by the Plaintiff for the stun of
3,3001. and was in excellent condition. She arvivgd:
safe at St. Domingo, rind was thoroughly- over-
hauled. 'She remained there from March to,. the
.26th of May, when she Set sail, in company with
the George and Neptune, for England. On the
27th, itbotAt threes A. M. struck oh the rocks,. .where
she remained. without a possibility of her getting off,
:though every exertion was used for that purpose by
the crew.

Captain Moak., Commander of_ the Favourite,
deposed', that lie'comtnanded" her to St.. Wining°,
she was '230 tons -burden, by measurement, but
could carry 300 tons with ease ; the Ship .was in
'rood Condition, carried ten gents, and way manned
by fifteen men, on the passage out ;_ on the voyage
home she was insured. The. Favourite set. sail from
Port:an-Prince on the 26th May ; on the 27th, at
half-past three, A.M. ran on the rocks, the wind
blowing high at the time ; during the night it had
been very squally, the Wind cattle round from,S. to
E.' when the Ship struck, hove every thing over-
board, and used every exertion to get her Off 'by
liglitenity, her. The crew were on that day and
next night endeavouring to save what they possibly
Conld.of the Cage; Witness left the Ship on the
29th, at eight, A.M. ; at this the main-mast
had gone overboard ; lauded at Leogane, on the
coast of St.. Domingo, procured boats, and landed
.every thing that he possibly hekeptigoing to
her until the title of the !text month, when she went
tapieceS; at tLii time the Favourite struck-upon the
;rocks, a ,sinall Schooner also struck, but from her
being.much lighter, got off. Witness, on his cross-
examination, stated hie crest consisted of eight men,
and a boy.of tbiarteen years of age, who had been at
set Were, At the time, he set sail he Was obliged
.to cut the cable, the men net being able to weigh
the bower anchor ; the crew remonstrated with him
for attenipting•to put to sea, as they were not com-
petent toananage the Vessel, as two of the twinkler
were old and decrepid seamen, not fit' to do duty ;
thought the crew sufficient to bring the Ship to
En ;land ;• could get no ethers.
Several Capthins of Vessels in 'the West India
trade„ *ere examined as, to the fila of eight !nen,
and • a bay
,wbo had bean at sea before, •beiog sutfi
cent to work a Ship of the burden of the Favourite

LUNDON : Printed by RI KO 114 It a. S, Of No. 4p Martlett,,court, Pow.strezt; a
At the Surf-Ovvice Nu:.t)u, 4trand ; whore .elde4l iiscinents, Orders

'to MINA ; 'they Were all AfTeginicin that eight able
seamen were: sufficient ; 'tome of them said they
had. come to. Etigland in'larger Ships with 'fewer
men, owing to the men rqnniug away, and _Gould.
not got others in their places.
Captain Sober*deposed, that -eight 2ible..trietr,ore
suffit ient navigate a .Ship Aiome froth the West
Indies. Willies's had Seen the .mate,, cook, and
boatswain 'of the favourite's crew and *being asked,
whiet kind of men*t hey were ? Ile stated the cool
and M were
ate t wo wornout seamen, about seventy
years of -age, and completely decroPid; he did ktot
think they were sufficient to bring fire Ship in safety
to tngland..
Beileant 130.5 T, for the befendants, stated. ,
qt.'s Ship sailed with a licence, and also With :a Much'
less number of men than GoVernment specifies. It
was Plain that a -Ship should have a sufficient cam=
plernent of men ; but he Would Shew that this Ship
was not, seaworthy. He did not dint, to say she
was unseaworthy. in her tinibers ; it ‘,Vould not be
sufficient, for a Ship to have her timbers sound, but
she must be well manned; it Wbuld not do to Mi-
ni) the muster-roll with cripples, the men muir be
suffiCienily able to perforin their duties; and could,
it be supposed that bix amen' and a boy were stittr-
Oent to navigate a Ship frOM the West IndieS to
England ?
One of the sailors, of the nanie of Toss,, who IS
now a Greenwich pensioner, was exhibited to the
Jury ; he is an old nyan, worn down with age.
Ilaintiff waa nensuited.