The Sun.
London, England, 1841-12-21 00:00:00

I,IIIONEY MARKET and CITY NEWS.

FROM THE MORNING PAPERS OF YESTERDAY.
CHRONICLE.—The stoppage of the firm of
Boggs, Taylor, and Co., in the East India trade
is currently spoken of this afternoon, and we
suspect there are heavy differences in that trade
still to settle.
The Act for the distribution of public lands
in the United States is an object of great iinpor-
twice to the holders of American Securities.
This measure, which passed last Session, pro-.
vides for the appropriation of the price received
for publio,lands,.by enacting that one-tenth of
the purchase price shall be applied for the pur-
poses of education within the State where the
lands so let are situated; that another portion,
also one-tenth, we believe, shall be retained by
each State where the lands sold are situated, fur
their own behoof and disposal; and that the
balance shall then be divide I amongst the various
States, according to their population. It is ex-
pected that this enactment will assist the dif-
ferent States in providing for the payment of
their loans by the establishment of efficient
sinking funds with the proceeds. Supposing the
annual land fund to produce 3,000,000 of dol-
lars, the distribution of so much money annu-
ally among the States ought to afford important
aid to them in providing for the interest of their
loans.

POST.—It is sufficiently well known that the
house of Scott, Fairlie, and Co., has been for a
considerable time past involved. It was to this
once eminent establishment we referred on Fri-
' day, as being at length compelled to bring its ac-
counts to a close. The name of the firm appears
in last night's Gazette, and that it should have
been reduced to the alternative of winding up its
affairs, is lamented by the mercantile community
at large. We had no intention of creating-alarm
by alluding- to the embarrassments of another
house in the East India trade, so long as there
was a chance of their being, by any possible ar-
rangement, overcome. It is nevertheless true that
a second firm in the same connection has, during
the last day or two, had its checks returned upon
it. This is certainly a house of no long standing
in itself, though it cannot with truth be said to
be one of recent origin. As a general practice,
we abstain from blazoning forth names in cases
of difficulty. Much mischief is done by such a
course, but we think, at the same time, it must
be considered due to the public that where there
is something undoubtedly wrong abroad, a hint
at least should be given of the tact, so that men
of business may avail themselves of it by pro-
ceeding in their own judicious manner to make
the requisite inquiry. The position of the minor
firm here spoken of; we are informed, is such as
to lead persons the best acquainted with its af-
fairs to hope that it may overcome its difficulties.

The Jury retired, and after a short consultation, re
turned with a verdict for the plaintiff, damages 1,4151.

LAW .INTELLIGENCE.
COURT OF CIIyINCERY, Dec. 20.
PRICE V. NORTIL-JUDGMENT.
The LORD CHANCELLOR gave judgment to-day in this
case, which was argued before the Court a short time
since. His Lordship said that the question in the case
related to the construction of the will of a person named
Roderick Wynne. By that will the testator directed,
first, that his debts should be paid, and-he then devised
his real estate to his daughter for life, with the remainder
to her first and other sons, and with remainders over.
He afterwards gave some legacies, and then he be-
queathed his persor.al estate, after subjecting it to
the payment of his debts to his daughter ; and the
question for the consideration of the Court in that state
of circumstances was, whether the will constituted a
charge upon the real estate for the payment of debts.
Now, there could be no doubt that the first direction of
the will amounted to a charge for the payment of debts
upon the real estate ; but it was said that that was a
charge merely by implication, and that it might be rebut-
ted, if there appeared anything in the will to show that it
was not the intention of the testator to charge the real
estate. In the case of Thomas v. Brechner, decided by
Sir John Strange when Master of the Rolls, it was held
that a similar provision did not rebut the implication,
and in more modern times, as the case of Dowse v. Lady
Torrington, and Palmer v. Grave, the same doctrine was
held. Now, in the present case, what was there relied
upon for the purpose of repelling the implication? It was the
last clause with respect to the personal estate ; but where
a testator bequeathed his personal estate subject to the
payment of debts that is not inconsistent with the
general charge, but in accordance with it and with the
general law. His Lordship thought, therefore, that such
a disposition made at such a time could not be consi-
dered as rebutting the implication ; but then it was
said there were no similar words with respect to the
personal estate ; his Lordship thought that circumstance
too slight to justify him in defeating the general charge,
and his opinion, therefore, was that there was a general
charge created by the first direction, and that that ge-
neral charge was not repelled by any subsequent provi-
sion contained in the instrument.
THE ATTORNEY-GENERAL V. THE EARL OF STAMFORD
The arguments in this part-heard case were then re-
sumed, Mr. James Russell following Sir C. Wetherell in
behalf of the trustees.

The case for the plaintiff was conducted by the At-
torney-General, with whom were Mr. Crowther and Mr.
Watson. The opposite Counsel were the Solicitor-Gene-
ral, Mr. Sergeant Channel, and Mr. Sergeant Bompas.

COURT OF BANKRUPTCY, Dec. 20.
IN RE ALEXANDER LEVI NEWTON.
The bankrupt in this case, against whom the fiat was
issued in June last, appeared in Court on his adjourned
examination. He had been an extensive dealer in dia-
monds, carrying on business in Bury-street, St. Mary Axe,
and his debts and liabilities amounted to between 57,0001
and 60,000/., while the assets were estimated about 20,0001.
The bankrupt underwent a long examination by Mr.
Clarkson, who appeared on behalf of the assignees, rela-
tive to the disposal of a quantity of diamonds and jewel-
lery, which he had pledged with various pawnbrokers
since and previous to the issuing of the fiat, and likewise
respecting certain moneys which he had paid away in
household expenses ; many of which items the Learned
Counsel contended had not been paid, but were put
down more than once and grossly exaggerated, for the
purpose of making up the amount of 8651., which he
marked down in his balance sheet for the purpose
of squaring his accounts. He also underwent
an examination with respect to the sum of 1,777/., which
he alleged to have been lent by his sister-in-law, and
for which she now sought to claim against the es
t :te. It appeared by the examination, that he had
pawned upwards of 6,0001. worth of plate with
Messrs. Gandle and Co. for 3,8001., and Messrs. Glench-
man and Busse of Hamburgh had also taken in plate to
the value of 5,0001., on which they had advanced the
sum of 2,5001. payable by draft at the Hamburgh Bank.
He had also pledged other valuable property, which was
omitted in his accounts.

The arguments had not concluded when the Court rose,

ROLLS COURT, Dec. 20.

LANCTON AND ANOTHER v. HORTON AND DIRNIE.
This case, which was partly-heard a short time ago,
and then noticed in The Sun, was resumed this morning,
but, as there was no probability of its being concluded
to-day, it was arranged that the case of the plaintiffs
should be concluded, and the suit then stand over till
lliliary term next.

The LEARNED COMMISSIONER said this was p case
which called for a searching inquiry, and he should
adjourn the case from day to day, as it required that he
should keep the matter full in his memory.

The- suit was instituted by the plaintiffs, who claimed
as mortgagees of one moiety of a whaling vessel called
the Ann, and of her cargo, against the defendant Horton,
who claimed an absolute interest in both, but who they
alleged to be only a prior mortgagee of this moiety, and
to have no interest in the cargo. • It appeared that prior
to the year 1837, the defendant Birnie, who
was the owner of one moiety of the ship Ann,
which was then engaged in a whaling voyage,
had had extensive dealings with the defendant Horton,
and in that year applied to him for assistance, in the ac-
ceptance of bills to the extent of '4,2001, and in considera-
tion of this made over to Horton, by bill of sale, this
moiety of the vessel, and deposited with him a policy of in-
surance thereon. These bills werefrorn time to time renew-
ed five times, the last bills being,- by arrangement, drawn
by Horton, and accepted by Birnie. • 'Before the last bills
became due Birnie became embarrassed in his circuin-
stances, and was obliged to compromise with his cre-
ditors, and Horton_ acquiesced in the arrangement then
made, but claimed to be absolute owner of one-moiety
of the Ann, and of the entire cargo, which, however,
had been previously mortgaged to the plaintiffs, who,
with Birnie, alleged that he was only entitled
to a mortage on the moiety of the vessel,
which was redeemable in the ordinary way.
In the meantime the ship having arrived with a valu-
able cargo, Horton took possession and sold his moiety
in the vessel and' the cargo, and kept the amount, upon
which the plaintiffs filed a bill for relief, and prayed that
an account might be taken of the money received by the
defendants on account of the sale, and that Horton might
be declared to be a mortgagee only.
Mr. Pemberton, Mr. Holt, and Mr. Hall represented
the plaintiffs, and Mr. Turner and another Learned
Gentleman the defendants.

VICE CHANCELLORS COURT, Dcc. 20.
(Before the. VICE-CHANCELLOR of ENGLAND.)
THE ATTORNEY-GENERAL V. LANGTON.
This was an information filed by her Majesty's Attor-
ney-General, for the purpose of setting aside a purchase
made by
.the defendant of certain tenements belonging to
a charity,On the ground of an inadequate consideration
having been given for them.
Ater the case had been argued at considerable length,
the Counsel for the defendant intimated that they were
ready to give up posse;ssion and to pay the costs of the
suit. The Court accordingly made a decree to that
effect.

(Before Vice-Chancellor BRUCE.)
COCKBURN V. stscLtToN.
The further arguments in this cause. were resumed
this morning, and were not concluded when we went
to press.

(Before Vice-Chancellor WIGnAm.)
MONTRIO V. CARVICK.
His HONOUR was engaged in his private room during
the greater part of the day in hearing the arguments in
this case, which came before the Court on exceptions
by order.

COURT OF QUEEN'S BENCH, Dec. 20.
(Sittings at Nisi Prius, before Lord DENMAN and a
_,.

Special Jury.)
SHEPHERD AND OTHERS V. ---. •
Mr. THESIGER stated the case. It was an action
brought to recover damages fir the injury sustained by
the barque Vesper, of which the plaintiff was Captain, by
the brig Argus having come into collision with her in
the river about half a mile above Gravesend, on the 28th
January last. It appeared that the Vesper which was
laden with coals and some crates of glass, bound
from Sunderland to London, was lying at anchor
on the day in question off Gravesend, and at the turn of
the tide orders were given to heave up the anchor, and
proceed up the river to London. The Captain had jest
come on board from Gravesend, and the anchor was in
`the act of being heaved up, the vessel having no way
upon her, and there being no sail set, when the Argus,
which was standing up the river on her starboard tack,
came down upon her. She was repeatedly hailed
by Captain Shepherd and some of the crew to
square her yards and put her helm down, in order
to avoid the accident, but they disregarded them,
and her bowsprit got entangled in the rigging of
the Vesper, and one of the flukes of the anchor
which was at that time about the wake level, was driven
into her side, and she filled rapidly. After some delay,
the vessels were separated. The Vesper being in a
sinking state, she was run ashore near Gravesend, and
all attempts to raise her proved ineffectual, and she be-
came a total wreck. lie would call witnesses to prove
the manner in which the accident occurred, and it would
be shown that the crew of the Vesper were not at all in
fault, and that they could have done nothing to prevent
the collision. He would prove the value of the vessel
and cargo, and it would be for the Jury to say what
damages the plaintiffs were entitled to under these cir-
cumstances.

•
James llutchinson, mate of the Vesper—l recollect
the 28th January last. We were at anchor off Graves-
end. ,Our vessel was laden with coals and some crates
of glass, bound from Newcastle to London. We went
to the windlass, and hove the anchor short.. The• Ca-
ptain then came aboard, and ordered us to heave the
anchor up. The tide was running up, and the Vesper's

have held on my course. I saw the collision, and would
'ay-that the Vesper run Intl the A r2-us.

head was down. When the anchor was off the ground,
the vessel was drif; ites up with It was at
that time the brig Argus bore down upon Us. The Cap-
tain was on the quarter-deck at the helm, and hailed the
people on board the Argus. He called opt
,to them to
square their main-yard and put their helm. down. They
did not notice him,them and he hailed again. They
told him to starboard his helm, .and they would go all
clear. Captain . Shepherd said the barque was like a
log in the water, and would not obey her helm. The
fore-topmast back stay caught the VesPeiiii'jib boom,
and the Argus swung alongside.- The consequence was
that the ancor was driven into the Vesper's side up to
the shank ; there was only five inches water in the well
before the accident. I called to the master of the Argus
to let go his anchor and get the ships clear. He
did not do so till he was spoken to two
or three times, and till he was told that the vessel
was sinking. The fluke of the anchor went in six or
seven feet below the water line. In five minutes there
was three and a half feet water in the well. We made
all sail, and ran the vessel on the south shore. • Had we
not done so she would have gone down in deep water.
We got her on shore, and she went upon her beam-ends.
The Vesper could have done nothing to prevent the acci-
dent. The Argus had plenty of room to have tacked
before she ran into us.
Cross. examined--We had heaved the anchor short be-
fore the master came on board. He told us immediately
to heave the anchor, and the Captain went aft to the
quarter-deck, and put the helm a-port. While we were
at the windlass the Argus struck us, and we ran aft for
fear of some accident. There were eight men besides
myself. The Captain begged them two or three times
to let go their anchor before the Argus ran into us. The
Captain called out to him to squre his main-yard and put
his helm down.
Matthew Read—l am a Gravesend pilot. *On the 28th
of January I was on board the sloop John M'Adam,
which was in tow of a steam tug. It was within a
hundred yards of the vessels when the accident oc-
curred. The vessels had swung with the tide about half
ail hOur. I saw the barqueVesper and the brig reaching to
the northward. I said at the time the brig would hit
the barque if he did not heave his yards aback, or put
the helm down. The brig was on the starboard tack.
I heard them call out from the bark. If the
barque had heaved her foreyard abaok, or put her
helm down and tacked shbrt he might have
avoided the collision. The Argus was going four or five
knots an hour. Had the anchor . been. dropped it would
not have gone into the vessel, but I suppose their atten-
tion was taken up by the vessel bearing down on them,
Cross-examined—l thought the Argus bid to hit the
barque from the course she was going in. I don't think
the vessel altered her position further than that the tide
drifted her up when her anchor was up. It is often usual
to get a ship under weigh without any sail being set
upon her.
Win. Neslingham —I was chief mate of the James,
cutter, in January last, I was on board the*Vesper
few minutes before the accident occurred. I was on the
quarter deck with the captain. The Argus was standing
on her starboard tack, and the men in the Vesper were
heaving at the windlass. Captain Shepherd hailed her
repeatedly to square her main yard. If she had done
that she would have cleared the Vesper. She had then
plenty of room to have gone about. The Vesper had
no way upon her at the time, and could not answer her
helm. The Argus hailed to starboard her helm, but Capt.
Shepherd said it was no use. The Vesper had just dropped
the main-topsail when they came together. I thought
the Captain of the Vesper took the proper course to get
his vessel under weigh. The foremast shroud struck the
Vesper's jib-boom end, and as the brig slewed round,
she carried away the fore-topmast back-stay. The
Vesper's anchor-stock was a-wash. The men continued
at the windlass till the vessels came together. They
then ran away lest some spars should fall on them. After
the collision the Captain of the Vesper called to the brig
to brail up his trysail and drop his anchor. I myself
spoke to Captain Robinson, and, with a good deal of
persuasion, he squared his yard and dropped
his anchor. I do not think the people in
the Vesper could have avoided the accident.
If the anchor of the Vesper had been let go it would not
have gone into the vessel. It was impossible to say
what part of the barque the Argus would strike. The
people in the Argus could hear the windlass at some
distance, and knew that the Vesper was weighing her
anchor.
Joseph Singleton—l am barge-master of the Town
Pier, Gravesend. I saw the accident, which occurred
about half a mile higher up the river. The vessel was
lying with her head down to the tide. She had no
sails on, and I saw that they were heaving her anchor
up. I saw the Argus going towards her. The Argus
might have hove hr head-yards to the mast, or gone
about, and avoided the accident. I don't think the barque
could have done any thing to avoid it. The Vesper had
swung to the tide about half an hour before the accident.
The Vesper had no sail set before the accident.
James Boatwright—l was a seaman on board the
Vesper when the accident occurred. We were at the
windlass till the vessels came in contact. The Vesper
had no way on her, and could not avoid the accident.
The Argus might have backed, and avoided the accident.
Captain Shepherd hailed them repeatedly.
Lusher Bell, a seaman on board the Vesper, described
the accident as it had been stated by the other witnesses.
Matthew Hetherington—l was master of the brig
Nicholas on the 28th January last. I was delivering
coals at Union Wharf, about 200 fathoms from the Ves-
per. I saw the men in the Vesper heaving up the anchor.
The Argus should have tacked short, or gefioi, about to
avoid the accident. The Vesper could 'do nothing, fem.
she had no weigh upon her. Any one could, see that slier
was getting under weigh. The main-topsail of thee,
Vesper was let fall just before the blow was struck. The
Nicholas and the Argus both belong to Newcastle. The
Vesper belongs to London. . The Vesper, after the acci
dent, set sail and steered for the south shore.
William Cornish was on the maintopsail-yard of the
Vesper, when the Argus struck her. When within
about a ship's length he heard the master hail them
twice. The second time the man at the Argus's helm
said, "Oh we shall go all clear of you." The Argus had
plenty of room to go about.
James Matthews, master block-maker at Gravesend,
saw the ancident. His attention was attracted by the
Argus keeping her course, the Vesper having no way on
her. I thought the Argus had plenty of room to have
-avoided the accident: t r saw 'the anchor, and thought it
would do a mischief to either the one vessel or the other.
Henry Roxby—l am a ship-broker. I offered to pur-
chase the Vesper in April, 1840, for 1,8001. It was re-
fused, the parties asking 2,2001. fbr her.
• James Ashton—l knew the Vesper. lam a ship-
' broker. The value of shipping has deteriorated within
the last year. I advised the owners not to take Mr.
Roxby's offer. I value the vessel at about 2,000/. She
was 310 tons burden, carried a very large cargo for her
burden, and shifted without ballast, and these qualities
made her valuable. She would carry 550 tons of coals, and
required between 70 and 80 tons ballast. I thir.k she was
built at Sunderland about 1823. She was in my hands
for sale from 1839. Her owners were very indifferent,
and always wanted more than I could get for her. She
stood in Lloyd's list with the black diphthong. That was
a very good class for a collier.
Capt. Shepherd—There were 557 tons of coals on
board. The freight was 7s. 101-d. per ton. She bad
lately had a new bowsprit, the other having been carried
away by a ship in the River. I don't know who paid
for it. lam nephew to one of the plaintiffs.
Mr. CRESSWELL addressed the Jury fur the defendant.
He had very little apprehension in the present case as to
the result of the investigation, because he would show
distinctly that the Captain and crew of the Vesper were
at fault, and that to them in a great measure the acci-
dent was attributable. Now unless it was shown that no
blame whatever attached to the plaintiffs, they had no
legal right to claim compensation at the hands of a Jury.
He would show to them that the Vesper was at that
time under way, that the Argus being on her starboard
tack had a right to continue on her course, according to the
usual nautical rule,
.and that it was the business of the
people on board the Vesper to have made way for her.
Now, he submitted that the Captain of the Vesper had
exhibited the grosSest negligence and culpability in heav-
ing the anchor up, and leaving his vessel, heavily loaded,
like a helpless log on the water, without any sails upon
'her, and perfectly unmanageable. His anchor was
banging at the hawse-hole, and if he did not choose to
take any steps to prevent the accident, he might at least
have lowered down his anchor a few feet—the men being
all ready at the windlass, and the whole of the mischief
would then have been avoided. He would now call his
witnesses ; and he trusted that when the whole of the
facts were laid before them, the Jury would find a ver-
dict for his client.
John J. Robinson—l am master of the Argus. We
anchored, on the 27th of January, in Gravesend Reach, SOUTHAMPTON.
and on the 28th, about noon, got under way. The
Polly got under way just before us. We were beat- DEC. 19.—This town yesterday was the scene of great
ing up the river, the Polly being more ahead, and rather excitement, on account of the intended departure of three
o
on the weather-bow. There was a strong breeze. When °f the West India mail-steamers, the Tweed, Solway,
I was in stays, on the north shore, I observed the Ves- and Clyde. Crowds of persons were on the quay to
per ; her maintopsail was loose ; she was moving to- witness the number of carts and waggons that were con-
wards us down the reach ; there was no one at the helm. tinually arriving, filled with ship stores ; and to see also
As we drew near, about a hundred yards off, I saw the the multitude of boats plying to and from the steamers.
men sheeting.the maintopsail home. The Polly passed Letter-bags were placed on board the packets for the
a-head of the Vesper. We were on the same tack, and following places, viz. :—Barbadoes, St. Lucia, Mar-
a little lower down the river. I found the Vesper was tinique, Dominica, Guadaloupe, Antigua, Montserrat,
' running over the tide about two knots an hour, as we Nevis, St. Kitt's, Tortola, St. Thomas, Juan's, Porto
neared her. I hailed her to put her helm a starboard ; Rico, Grand Key, Turk's Island, Hayti, St. Jago de
and if she had done that, she would have passed under Cuba, Belize, Havannah, St. Vincent, Grenada, Trini-
our stem, and gone clear. I saw a hand run aft, and put dad, La Guayra, Porto Cabello, Curacoa, Santa Martha,
the helm to port. I saw there would be a collision, and Carthagena, Jamaica, Madeira, Surinam,Demerara, Ber-
dropt the anchor, and hove the main-yard to the mast. bite, and Tobago.
Their bowsprit went aboard of us abaft the foremast. As the steamers did not start precisely at the time ap-
There was no hailing from the Vesper. The fluke of pointed, they received all the letters that reached South-
their anchor struck us about four and &half feet below ampton by the London day mail. A pilot took the
the water-line. Some of my crew called to them to Tweed outside the Needles last evening. The Solway MARRIED.
lower the anchor down before we struck. "
daughter
and Clyde dropped down Southampton water this morn- On the 16th inst., at Ayisham Church, Mr. John 13.uotft):iilf°'
Cross-examined—lt wasabout when .The tradesmen here are overjoyed at the prospect, NRiacshsaaru
d- sctrleaertk,
,SofohAoy,itsehalkiina:ii\ldroarfCoolklt.man, only
noon we got in'
,cis
of the immense sums of money which these mail packets
under way. I was within' half mile of, the Vesper
Berk.", wet
_inOtithtilie 16th inst., at Remenham Church,i_ssex, to pa
0,
will cause to be spent in the town. During the whole of
when I saw her uutintopsail loose. I did not hear the
Friday night last, hundreds of workmen were engaged
Jane eldest Esq.'
of the Turrets, Celeheatte
of Note
windlass at all, nor see any man at it. I could have
worn the vessel when 'hailed the to enable the Southampton tradesmen to complete orders
ham Loci
idiaughter oef Edmund Gam net, .
the
Vesper but it was not
enley-on- Fharees.
r...eircuse,t
my business to dose.before the departure of the vessels. Every vessel Wok We bad 377 tons of 9 coal on board On the 16th inst., at Finsbury Chapel, Finbeu y
_hi of
At the distance of 150 yards. I might have gone about' Rev. John Baptist Austin ,to mat
in 600/. worth of live stock and eatable stores.
or laid the sails aback. The only thing I heard from the The Tweed, Solway, and Clyde, had a considerable the late J. Lashbrooke, Es of Trinity:square. T. F,yref
Captain of the Vesper was a request to haul up our number of passengers en board. The Directors have On the 18th inst ,at ; Walthainstoo,
topsail.caused printed rules to be placed in the saloons of the Esq., Captain 3d Regiment Bombay Native Cavalry, tvaitesals
vessels for the regulation of the behavi
'our of the passen- second
Thomas Taylor, seaman on board the Argus—When hich rules will be s .*ilda, oungest daub
we were coming towards the Vesper, she was moving,gers, and the observance of wstrictly I stow, Essex.'laughter of J. Evans, Esq., of Stoney Down,
and her maintopsail was full. We called to her to star- ; enforced. No games of chance ill be allowed to be I
board her helm, and to lower her anchor
erect workshop
down. The played, no scenes of riot must be
,indulged in, and the
Polly was right a-head of us, and went clear
of the sacredness of the Sabbath-day must not be violated. The
their
ir vessels. and to
I recollect.
Vesper. - There was
plenty of time for n' er to have Mail Packet Company have purchasedl a piece of ground
lowered her anchor. Iheard no hailing from them that
on the road to Netly Abbey, of a essrs. Buchan and Son;
toLr'i toes to rrempa a
repair dock,he
form
William Smith—l was master of the Polly in January- at an expense osfannedarmlyantu3t,o o
li
last. We were a little to
windward of the Argus. When Mr. David Urquhart, -Who was domesticated in the
we crossed the Vesper's hawse they were heaving the , splendid mansion
mile, is situated
mansion of Mrs. Stuart Hall, which •
the site of the ancient
anchor up, and the maintopsail was just loosed. We tion Clausentum, and
about a
t from Southampton on
Roman s a where he indited those
cleared their jib boom.-- If the Vesper had continued in
terribly laughed-at. philippics against Lord Palmerston,
the same place, from 'the, course' the Argue was sailing,
has not been seen here tor some time. He is at present
there is no doubt she would have cleared her. If the recovering himself at Torquay from his successful la-
bours. He attempted to form a class of young men in
Vesper was drifting up with the tide there was the less
likelihood of a collision. If I was in the Argus I would

Patrick Belton—l was cook and seaman on board the
Argus in January last. When within two or three
cables length I saw the Vesper's maintopsail full ; the
stock of their anchor was two or three feet above the
water. I should say she was under way going over the
tide, there being a strong breeze. His evidence as to
the collision was similar to that of the previous witnesses.
George Wolner, seaman on board the Argus, heard
his master hail the other vessel to starboard her helm.
The answer was that he would not. The carpenter told
them to lower their, anchor, but they did not. His
master hailed the vessel two or three times—nobody
hailed from the Vesper. When the two ships came
together they were sheeting home the maintopsail of the
Vesper. The Captain of the Vesper was then coming
from the cabin companion with a cloak on his arm.
William Saunderson, carpenter of the Argus, John-
ston,"a waterman, who was going down the river at the
time, John Lawrence, a waterman, Joseph Brand, a pilot,
William Read, and Henry Mountford, were all examined
at some length for the purpose of showing that the
Vesper had way upon her down the river—that she should
have starboarded her helm, and by passing under the
stern of the other vessel avoided the accident.
Nathaniel Middleton, one of the Surveyors of Lloyd's,
knew the Vesper. She stood in list El. Her value was
about 1,4001.

George Bailey—l surveyed the Vesper in Dec. 1839.
I thought her value then about 41. 10s. per ton. In two
years she would deteriorate from ss. to 10s. per ton.
Mr. TUESIGER addressed the Jury in reply.
Lord DENMAN said the question of whether the plaintiffs
were entitled to recover or not would depend upon their
opinion as to whether the former had used ordinary care
and caution, and that the defendant's vessel had not done
so. The question of damages he would make no observa-
tion upon, as they had heard the evidence given with re-
gard to that point. The whole question depended upon
what their opinion was as to the party in fault, and
whether they believed that the plaintiffs' vessel had such
way upon her as would enabled her to have avoided the
accident.

COURT OF COMMON PLEAS Dec. 20.
(Sittings in London before the Loan CHIEF JUSTICE and
a Special Jury.) .
CRAWSHAY V. THOMPSON.
The plaintiffs and the defendants are extensive dealers
in iron, and this action was brought to recover d Images
from the defendant for having imitated the mark by
which the iron produced in the plaintiff's works was
usually distinguished.
The case occupied the whole of Friday and Saturday,
and did not conclude until half-past seven o'clock on
Monday evening.
It appeared from the evidence (which had very little
in it of popular interest) that the defendant had, for a
great many years, marked the wrought-iron bars pro-
duced at his works at Merthyr Tydvil with the stamped
impression of an oval, inclosing his initials W. C. His
iron attained a great reputation in Turkey and in Asia
Minor, where also the defendant, Alderman Thompson,
M.P., had a good market for the products of his Welsh
ironworks. The defendant lately, within a few years,
adopted, at the desire of Eastern correspondents, an
oval, inclosing the letters W. 0. ; and it was the plain-
tiff's, present case that this device was a fraud, contrived
for the purpose of deceiving the Turks and Asiatics into
the belief that they were purchasing Crawahay's metal,
when it was really Thompson's.
A great number of witnesses were examined as to
whether it was possible that the resemblance of the marks
could mislead a purchaser, and their opinions were very
contradictory.

The LoRL CHIEF JUSTICE, in summing up, told the
Jury it was for them to draw their own conclusions from
that evidence, and from their examination of the stamps
which were produced.

After about an hour's deliberation the Jury found a
verdict for the defendant.

DIED. ,
On the 14th inst., Jane, the wise of Mr. W. Lo'N'
Boulogne, aged 39. late
On the 15th inst., in Norris-street, Ann, relict of the
Charles Bate, Esq., of Albemarle-street.
On the 17th inst., in Tollington-1 ark, S. Williams,
On the 17th inst., at Highgate, J. Smith, Esq. aged
On the 17th inst., at Loughton, Essex, Mr. J.
On the the 18th inst., Mr. J. Hendry, of Alfred-Place, Bed
square, aged 24.
On the 19th inst., Mary Anne, wife of J. Mitzhell, SeyrOur.
place, New-road

London: Printed- and Published by MURDO Y(-)u' d, o
No. 112, Strani, at The Sun (Alice, No. 112,
the County of Middlesex, Tuesday, Decesuber 21, 184