The Sun.
London, England, 1809-12-22 00:00:00

COURT OF COMMON PLEAS, DEC. 21.

siTfINGs REPORE SIR ALAN CSIAMBRE.
OSWALD V. GARDINER, FOR THE SUN FIRE INSUR-

ANCE OFFICE.

This was an a&ion brought by the Plaintiff, under
a Policy ot Insurance, to recover 4411. being the
damages alleged to have been sustained by the
Plaintiff, who is a Leather-seller at King's-place,
Stones'-End, Southwark, in consequence ot a fire in
his premises, on the 4th of February last.
Several witnesses were 'adduced for the Plaintiff,
to prove :hat he carried on an extensive business,
and that they had sent him various kinds of leather
in considerable quantities shortly before the fire.—
There was also read an affidavit of the Plaintiff, to
stew the extent of hip loss, and siatiug the tad of
the fire.

.--Mr. Serjeant LENS, 'for the Defendant, after zu
addre's to the July, proceeded to call several wit

nesses.

Mr. Terent, who lives next door to the Plaintiff,
proved, that about half past one in the morning be-
tween the 4th and sth of February, his attention
was attracted by an unusoal noise in the Pi-aintiff's
house, of persons , running up and down stairs, an:t
talking loudly. Some of his family got up, and he
himself again lay down ; and shortly after was
alarmed by a watchman rapping at the door, and
telling him his house was on fire. He came down
stairs as quick as possible, and upon timber inquiry,
learned that the fire was upon the Plaintiff's pre-
mises. He looked into the warehouse through a
key-hole, and saw it in flames. He communicated
the circumstance to the Plaintiff, who, after a few
minutes, came to the door, completelyln his cloches,
with his boots on. Witness expressed a wish to en-
ter and see ; but the Plaintiff positively denied there
was any fire, and said it was quite impossible.—
Witness however persisted, and at length obtained
admission ; and so 6000 as he entered, and pro-
ceeded to the pl,ice whence the smoke issued, he
perceived a tub of oil on fire, the flames of which
had already burnt a hole t►hrough the ceiling aboVe
it. Witness immediately seized parr of an old
spout, and assisted by a lodger in the house, named
Poole, who procured a bucket, they obtained water
from some butts on the premises, and in less than
twenty minutes completely extinguished the flames;
and upon examining the premises, they could per-
ceive no injury done. There was no great quantity
of leather in the warehouse, and no part of that in•
juied• by the fire.
Mr. Poole corroborated that evident a ; and a Mr.
Shiptosi, an ironmonger, living opposite, and several
other "witnesses who were present on the occasiun,

were also examined, and aid 7 not see the Plaintiff
use any exertion to get the, fire under. Mr. Shipton
• also proved that the Plaintiff came nest morning
into his shop, and, in answer to some (pits:ions
touchi►►g the extent of his loss, said, he thnugltt it
might amount to 2001, which the witness at the

time thought very enormous.
John Hawkins, who had been a fireman for the
last 30 years, said, he came to 'h Plaintiff's at

-1•

(Lree in the morning, shoctly after the o'
tilt! P. totes, and the PlaiatifT !old !brat th:it
bunches of lentiter had been burnt ; but on ex ;;;I;ti-
ing- Cie warehouse, the ()lily evidence of tire
could perc....ive an oil ci,k about halt cousuird,.
Li-al a hule about 18 inch,,,s iu dia.ixter
over it. The ohly leatlur lip soAv
bench under t!:e h::v4k.; no tnaiks of Ut.lrii.•
inry ; and he via; Couvinced, Irotn -dic-r
coniiaw,nce rf the lire, there wai not ttat.,
*s•lbstance not very inflain!n
ilor could he perceive any ashes or
cTttri of burnt leather.

1

.
Sever;tl leather-sei6;rs aid' eurriers were elvon]:•-
edi they all agree:! it was impossible for ato f,t:
of leather to hlve hr,-N1 onqsti cr
short a time as eu minmes, or even in a whole day,
had the fire long continaed. Various samples of
the leather alleged to have been burnt were pro-
duced,' from which, on comparison of weight and
bulk witli the quantity alleged by the Plaintiff to
have burnt, (haioeiy, a 'domed seven ~unused
weight), it was c.aar that the whole i.vares ottse.
it
filled, could not have contained so mulch.
Mr. Serjeant SHEPHERD, on the part of the Plain-
tiff, thow,bt it unliecesiary to call any more evidence.
It was dear, from toe testimony already adduced, the
logs WAS nut so great as represented, at2d he regretted,
his client had been so ill-advised.
Lie Plaintiff was of cour,io nonctlited.

SINGULAR ROBBERY.—Fri~.~ynig!it theeount
ing-house of Mi. W. Mavin,z, hrush-n-tanuln'threr,
in NeWCditiC-upon-Tyne, was broke into, and rob-
bed of bills to the amount of 2461. Tne circum-
stances attending this robbery ailurd strong suspicion
that the depred itor either belongs to the mannfae-
tory, or Was' perfectly acquainted whh the regela-
Lions of the house. Tile bibs were kept in a;in
(:,se, and were regularly locked up every misfit in an
iron safe where the oireks are deposited, an,t,-in cr_se
Of fire, the key of it is placed m R pal
Lion• in the office, with which none bat ihoie.
played about ilie coucern were accluaalted,
office is at one end of the mantatactory, and besides
the communication it Ii :s from without, therons
pilot her by a staircase, !ruin a tv irehiiuse
windows of wilich are inclosed by shutvis,.fn,,i se-
cured with spring bolts. In :he yard outside of the
manutaCtory, a ferocious mastiff dog is kept, ,vho is
never chained at nioglit ; and the gates entering hit()
the yard are regularly lucked and secured by stiui.g
bars on the tnen leaving off their work. Not
.a itii-
standing these precautions, the robber had been iii
the yard, and no dog was heard to bark by any of
the neighbours ; he then had entered by a window
of the low warehouse, which was se.2ured as above
described ; had gone up stairs and broke two panes
of glass in the office door, through which he passed;
bad taken the key of the safe and opened b, and
abstraeted the tin case containing the bills, with-
out any thing else in the office or warehouse being
disturbed. What is remarkable, there I,va., a con-
siderable sum in cash in a drawer of the desk, and
on the desk were two checks on Ridley and Co.'s'
bank for about 801. both of which were in the same
situation in the morning. The rubber had then de-
liberately retraced his .steps, opened the inner bar of
the great gale through which cars usually pass,
and walked out, leaving the door open without
any disturbance from the dog whatever. Sufficient
precautions are taken that the bills may be of no
advantage to the thief ; and from the spirit with_
which fire Newcastle Association, of which Mr May-
log is a member, his taken it up, and the liberalre-
ward he himself has offered, it is to be hoped that
the villain may be deteCted, and consequently aufier
for his deserts.

A letter from Gibraltar states the Ils; of she
Spanish army in the battle of °calla to amoirnt
about 5000 killed and wounded, and goo° taken
prisoners. The French had about t 600 killed and
wounded, and were twice repulsed with great loss in
their attacks on the right wing.

Colonel MARSHALL:, whom the French pap!!rs
state to have been mortally wounded in the de_
fence of Gerona, was a native of Tra!ee, in Ire.;
land, in the neighbourhood of which he had a
handsome estate. lie joined the Spanish army as a
volunteer.

Hill,
on Saturd ty, w!cn su:d
fo
There was a good show of fat beef from Lincoln-
-Bs. 6d to 99. per 4t0n,., hut no ,tho.r fa! beasts
shrirme, upon Norwich
were exhibited. The little fat tn.mon prodoeed
fetched 70. per lb. Some store sheep and hall-bred
lambs went 04.1-caddy at good prices. Hogs were
very dear. Cows and calves also high. There were
some straw-yard 'bullocks from Lincolnshire, and a
good show of galloways; the latter found a ready
sale at the same high price,s. At the Norwich 'War-
ket, on Saturday, both V's' and Barley were dulle
the
preceding week, and at lower
475. to 495. Bailey 14s to fze,s. per
ocp
ofr
iocs
Laenlseb. than
NNct
eoat

SMITHFIELD MARKET, Dr c.

This day's Market was but thinly supplied with
different kinds of Cattle; Beef supports last price
Mutton, Veal: and Pork, are dearer; and the trade
for the most part was somewhat brisk.—The sales in
the Hay Market were inconsiderable; Hoy fetched
last price ; Straw'and Clover have got up iu
The following prices and numbers are ao accurate
statement :

To sink the Offal per stone of Elb.
Beef 4s. 4d. to 6s. oil. Mutton 4s. 4ct. to 6s. 6.1. Veal ss,
cd. to Ss. cd. Pork ss. od. to 7s. 6d.
Beasts szo.— Sheep 3,4oo.—Calves zso.—Pigs 3zo.