The Sun.
London, England, 1849-02-19 00:00:00

BAIN V. BLACK.

The further arguments in this part-heard appeal from
the decision of the Court of Session occupied their Lord-
ships the whole morning. We gave a short statement of
the facts of the case when the matter came before their
Lordships on Thursday last. The chief question in the
case, as we then stated, was between the Free and the
Regular Church of Scotland, whether the former had
any interest in the churches which had been erected
prior to the separation that had taken place between
them. The Court of Session decided that they had not,
and the party composing the Free Church appealed
from that decision.

The' arguments of Mr. J. Stuart Wortley in favour
of the decision of the Court below occupied their Lord-
ships the whole morning.

ROLLS COURT.—(THIS DAY.)
Causes of no general interest occupied his Lordshi p
the Master of the Rolls the whole morning.

VICE-CHANCERY.—(THIS DAY.)
(Before the VICE-CHANCELLOR of ENGLAND.)
The further arguments in the case of "Dreyer v.
Maudsley " were resumed this morning, and occupied
the Court the whole day.
(Before the Vice-Chancellor KNIGHT BRUCE.)
Bankrupt petitions of no general interest occupied the
Court the whole morning.
(Before the Vice-Chancellor W.. IGRADL)
NEWMAN V. HUTTON.
The further arguments in this .part-heard case occu-
pied his Honour the whole morning.

COMMON PLEAS.—(THIS DAY.)
(Sittings at Nisi Prius, at Guildhall, before Lord
Chief-Justice WILDE and a Special Jury.)
EWBANL V. NUTTING.

This was on action on a charter party. The name of
the vessel in question was the Triton, and she was char-
tered
by the plaintiff in the year 1845, to carry a cargo
of salt from Liverpool to Calcutta. Instead, however, of
proceeding to Calcutta, the vessel was put into Bahia,
an intermediate port, where the cargo was sold, at a
considerable loss, as was alleged, to recover this loss the
present action was brought.
Mr, Sergeant Channel!, Mr. Montague Smith, and Mr.
Atkinson were counsel for the plaintiff ; Mr. Sergeant
Talfourd appeared for the defendant; and Mr. Sergeant
Byles for Mr. Orde, the captain of the vessel.
A man named Benham, the first mate of the vessel,
deposed that the Triton sailed from Liverpool in October,
1845, on her voyage to Calcutta. About five hours after
leaving the Mersey, it was found that the vessel leaked,
and the crew were ordered to the pumps. Shortly after
that the water which the vessel had made decreased;
afterwards it increased 'again. At first the crew had to
pump every two hours, and then every hour, and then
every half hour. The vessel made about fifteen or six-
teen inches of water in an hour. He did not receive
any directions from the captain to look at the leak.
Three days after they left the Mersey the crew went
" aft " to the master, and asked him to return with the
ship, alleging that it was quite unsafe to proceed on the
voyage, owing to her being in so leaky a state. The
master laughed, and told them the ship was a first-rate
one, A. 1. He said that she would take up in a day or
two, and that the leak was only caused by the sun, by
the vessel having been in the African trade, and by her
having been exposed to a burning sun while lying in the
Liverpool docks. They had very fine weather for three
days after they left the Mersey. In his (the mate's)
judgment it was quite unsafe to proceed on the voyage
at that time. They could have thou put bank to Liyer-
pool; but the captain, in spite of the wishes and remon-
strances of the crew, continued his course. The leak
kept increasing as the wind increased. They had been
at sea three or four days before they met with any
severe weather. The wind then increased until it rose
to a gale on the fourth day. On the sixth day the crew
went to the captain again, and asked him to return. He
replied, after a little consideration, that he would think
seriously about the matter. At twelve o'clock
on that day the captain bore up for Falmouth,
and continued making tor that port about five hours;
at the end of which time the gale from the westward was
over. The wind then shifted to the eastward, which was
not fair for Falmouth. The captain then steered for the
Brazils, directly before the wind. The wind was then
blowing hard. The leak then increased, and further re-
presentation was made to the captain about it. The
crew told him of the danger of proceeding any further.
Just at that time there was no possibility of returning to
England; but with reference to the sea and the state of
the wind the captain could have made either for Brest
or for Lisbon. At this time the crew were very nearly
exhausted with pumping. The captain did not make
either for Brest or Lisbon. The crew asked him why
he did not go down to Lisbon; but he said he would not
run his ship down on an iron-bound shore. That was
somewhere about nine or ten days after leaving Liver-
pool. On the 14th of December the captain put the
vessel into Bahis. The leak ceased a little before they
got to Bahia. They pumped all the voyage, about
twelveLitvimerepsoionl
she was
thetwenty-fouirna very
hours.
Whenbad state.
eship
left
She was an old vessel, about fifty or sixty
years old. When they got to Bahia the crew were
placed under arrest, three days after they arrived. They
were taken before the British Consul there, and com-
mitted to prison, witness for four days, and the crew for
three days.
In cross-examination witness said the vessel happened
with an accident as she was being towed down the Mersey.
Witness did not draw his knife on the captain during
the voyage, but was accused of having done so before
the Consul. Gave up his knife in the course of the
voyage. The captain asked him for his knife, when wit-
ness said before he would give up his knife, he would
see him d-d first. It was a sheath knife, not one
that shut in a handle, and the blade was about four or
five inches long. That was long after they left Liver-
pool. They had got through the Bay of Biscay, and
through the trade-winds when the captain one day called
witness aft and charged him with the crime of mutiny,
having on this day, as stated in the log-book,
drawn on me a deadly weapon, called a sheath-
knife, with intent to take away my life." The captain