The Sun.
London, England, 1847-08-23 00:00:00

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W. E.—Oxford University ... 0 1 0
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ASSIZE INTELLIGENCE.
NORTHERN Cll?CUlT.—Liverpool, August 20.
CIVIL SIDE

•
GAWNE AND oTTIERS tl. TYMF.S.
This was an action by the owners of a steam-vessel
called the Tynwald against the captain of one of her
Majesty's mail vessels, called the Urgent.
Mr. Martin, Mr. Cowling, and Mr. James appeared
the Attorney-General, Mr. Knowles,
for the thCeroPrniapiitibtinfr:a;nd Mr. Atherton for the defendant.
The case, which commenced yesterday, was not con-
cluded till to-day.
It appeared trom the evidence of William Gill, master
of the Tynwald, that on the 30th of December he left
Belfast with the Tynwald, having a general cargo and a
number of passengers. It was a new iron vessel, about
300 tons with two engines of 150 horse power. The
about, six o'clock in the a'iternoen.
The was thick. Passed the Isle of Man
and came eel vvelmeefeetroeneifat
Liverpool. Had run the distance
about half past six o'clock the next morning, and
stopped to take soundings ilad seventeen fathoms
water. engines were slowed to quarter speed, and
the : stopping now and then to take
as kept constantly going. Passed
a s
c
ailaesy was
d, asking how the Bell-buoy bore,
soundings.vheoiel went
antnd Theoh nlea
easy,
r
and at what distance. From the answer went straight
ahead, still slow, the lead being kept going. Was on
the bridge, and occasionally at the helm, to see that the
proper course was steered. Two men were at the helm,
and the bell was kept constantly going. Passed another
Tess. lat anchor, and hailed. Went on and passed close
to the Bell buoy about half past eight o'clock, being the
outer entrance of the Victoria Channel. Ran ter the
Fermby light-ship, which is moored with Tae ler'," buoy
on one side, and the Burbobank on the other. Reached
it at about nine o'clock, and passed it on the starboard
side close to. The engines were then going as slow as
possible. There were four men on the forecastle, and
one et the bell. Was then steering tor the Crosby light
ship. Changed course from the Formby light
ship to the Crosby light-ship, more to the starboard.
A• few minutes after passitz the Formby light
ship, something was reported en the larboard
bow. Tiller was put apart. Soon after saw
the white foam of a vessel's bow, and which was put
hard sport. Then perceived the hull of a vessel 80
or 90 yards off. Could not see more than twice or
thrice the length of the vessel Thought the vessel was
piing to cross the Tynwald's bew. The Tynwald was
stopped, and the engines reversed. Railed several tames
as loudly as possible. There was sufficient time, it the
other vessel's helm had been ported, to have cleared the
Tynwald. The helm was not ported till just before she
struck. She stopped for an inetant,ibue them came on
nearly at full speed. Struck the after part ef. the Tyn-
wald's larboard paddle-box nearly stem on, and threw
the Tynwald on her beam-ends. The wingwall beam,"
a strong beam of iron surrounding the paddle-box, 20
feet long and IS cwt., was broken. and driven about 8
feet into the bow of the other vessel, which proved to be
the Urgent, commanded "by the defendant. It was at
first thought.. that the Tynwald would founder, and the
passengers were removed- on board the Urgent ; but it
Was found that, though the larboard engine was jammed
and could not be used, she made no water, and the star-
board engine was in a working state. Both vessels re-
turned slowly to Liverpool. The Tynwald was in a
proper part of the Channel, and to avoid the collision
had ported her helm according to the Trinity House rule.
Was of opinion the accident might have been avoided by
using commonprudence, and going slow. The speed
was too great for such a morning, the weather being so
thick. When first hailed, the Urgent should have stopped,
backed, and put the helm to port.
Several other persons who were on board the Tyn-
wald—James Johnson, the supercargo ; William M'Fie,
the mate ; John Maclean, the pilot—gave evidence
Similar to that of the captain. Did not think the Tyli-
wid would have escaped the blow by going on. Would
have received it further aft. When the vessel struck one
man was thrown from the wheel by the shock, and the
Other jammed between the wheel and the deck, and
near), killed.
James *Kellar, captain of the Sea King, stated that
he had been cotnmander of a steam- vessel sixteen years.
Was c .minx into Liverpool on the morning in question.
Passed the Formby light, ship at half-past eight o'clock,
and met the Urgent half way between that and the
Crosby light-ship. She was then going at great speed,
so much so that his crew and passengers were much
alermed, and he hailed h. r as she passed, and called out
What afte
wasyou
statedabout ;
byw Lheiureeat." you going, you mad-
man Lord marine surveyor
to the Liverpool Duck trustees, that the rule for steam
vessels passing each other was to pert the helm, aid that
there was no rule for vessels to pass the Formby light-
ship on one side or the other.
Mr. Knowles, for the defence, said he did not im-
pute to Captain Gill or the other witnesses any de
sire to mislead the jury, but he believed, from the
state of the weather, they were mistaken as to the
circumstances of the case. He contended it was
an unavoidable accident, for which the captain
was not accountable, he having done everything in
his power to prevent the collision. He sought to s.iwA.,
there was a usage tor in•going vessels to pass the
Formby light-ship on the larboard side. The Te nwald,
in place of going on in her course, which would have
prevented the had stopped athwart the fair Wat ,
and thus prevented the vessels going clear. lie would
call witnesses to show the nature of the morning, that
the Urgent did not leave until two hours after her usual
time, and that in going down the river she went very
slowly. No doubt, when she got outsiee, her speed was
somewhat increase:l ; hut even then every tirreauti..n
was used. The Tynwald, tn,i, was .un the eastern instead
Id' the western side of the channel. the captain
was no blame, and if he had by taking this c,,uf
tributed to the accident, the parties could not recover;
or if the collision had ari-en from the tog, witnout blame
on either side, then it was an inevitable accident, for
which the defendant was not liable.
Several of the parties on board the Ureent were exa-
mined fur the detente, and stated that from the time the
vessel left Birkenhead until the time of the collision, she
was never going more than half speed, and more slovily.
than that when occasion seemed to require. She passed
very close to the Fire King before meeting the Tynwald,
hut no remark from the captain of that vessel was heard.
They attributed the collision- chiefly to the fog, but
t (
south. Other are been
witnesses
thought it would have been avoided if the Tynwald hail
gone torsvard, in place of which she stopped athwart the
Formby Channel. Lieutenant Smithett, commander of
thought the course adopted on board the
Urgent
per one, and that the engines of the Tyn•
wall should h
motion, and her head more to
the e
Medina,
effect.
were examined, whose tes-
timony was to the t
In reply, Captain Gill was recalled, who stated that
when the second mate of the Urgent came on board the
Tynwald, he (Captain Gill) asked him why the helm of
the Urgent was net ported sooner, to which he replied,
that when they first saw the Tynwald they took her for
the light-ehip, but when they
discovered their mistake
the helm was put hard a pert.
The second mate of the Urgent said that such conver-
sation never occurred.
Mr. Martin addressed the jury on the part of the
plainfiffA, and
His LORDSHIP having summed up,
The jury, e'ter about art teiur's censeltation, returned
a verdict for the plaintiffs—Damages, 3,00 e/.
August 21.
BELL (PUBLIC OFFICER) V LORD INGESTRIE.

Gore, ‘..y•— --
Goring, C.—horebam 0
Goulburn, Rt. Hon. H.—Cauth. University 0
Gower, F. L.—Derby
Grace, 0. D.—Roscommon (county) 1
Graham, Sir J. R.—Ripon ••• ... 0
Granby. Marquis of—Stamford ... 0
Granger, T. C.—Durban (city) ••• 1
Grattan, H.—Meath (county) ..• ••• 1
Grreenal, G.—Warrington ... •-• ••• 0
Greene, J.—Kilkenny (county) •••
Greene, T.—Lar caster ..• •••
Gregenn, S.—Lancaster ... ... 1
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Grenfell, P. W.—Preston
Grey, Slr G.—Northumberland (North) ... 1
Grey, R.—Tynemout•h ..• ... 1

Reynolds, J.— Dublin (city)
Ricardo, J. L.—Stoke-on-`Trent
Ricardo, o. Wcrcaster
Rice, E. R.—Dover
Rich, H.—Richmoad •••

... 1
.....: 111
... ,

Richards, R.—Merionethshire
Robartes, T. A. J.—Cornwall (East) ... 0
Robinson, G. R Pods ••• 0
Roche, E. B.—Cork (county) 1
Rolleston, Col.—Nottinghamshire (South) 0
Romtllv, J. Deronport 1
Rothschild, the Baron L. de—London ... 1
Rufford, F.—Worcester 0
Rashout, Captain—Worcestershire (East) •
Russell, Lord J.—London ... 1
Russell, F. C. H.—Bedfordshire 1
Russell, W.—Tavistock ••• 1
Rutherford, A.—Leith (borough) 1
Sadleir, J.—Carlow (borough) .. 1
St. George, Capt.—Galway (county) ... 1
Salwey, Colonel —Ludlow 1
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Scholefield, W.—Birmingham 1
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Scrope, G. P.—Stroud 1
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Smith, J. ... 1
Smith, M. T.—Wycombe .. ;.. ... 1
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Stantey,.E.--Cumberland (West) ... 0
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Stanton, W. H.-Stroud ... 1

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Stephenson, R.—Whitby ..

... 1
... o

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Taylor, Colonel—Dublin (County) ... 0
l'enimoti, E. K.— Leitrim (corinty)... 1
Tennant, R. J.—Belta4 ...
Thesigsr, Sir E.—Abingdon
Thicknesse, R. A.—Wigan 1
Thompson, Alderman—Westmoreland ... 0
Thompson, Colonel P.—Bradford ... ~ 1
Thompson. G.—Tower Hamlets ... 1
Thornely, T.—Wolverhampton ... 1
Thornhill, G.—Huntingdonshire
Towneley, J.—Beverley 1
T R. G.—Cambridgeshire 0
T .11emache, F.—Granthans 0

Jones, T.—Derry (county)... ... 0
Jones, Sir \V.—Cheltenham
Keatinge, R.—Waterford (county) ... 1
Keppel, Colon,•l—Lymington 1
Kerr, R.7llownpatrick 0

Tollemache, J.—Cheshire (South)... ... 0
Trail!, G.—Caithnesshire 1
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Tufnell,H.—Devonport —• . ••• 1
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Vane, Lord H.—Durham (South)
Verner, Sir W.—Armagh ... I
Verney, Sir H.— l'edford (borough) ... 1
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Villiers, lion. C. P.—Wolverhampton ... 1
Villiers, Lord—Cirencester ••• ... 0
Vivian, J. E.—Truro " 0
••• •••

Keogh, W.—Athlone • .•• 0
Kerrison, Sir E.—Eye 0
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Knightley, Sir C.—Northamptonshire sth) 0
Knox, Colonel B.—Marlow
Labouchere, Right Hon. H.—Tannton ... 1
Lacy, C. —Bodmin 1
Langston, J. H.—Oxford (city) ... 1
La,celles, 11,.n. E.—Ripon
Lascelles, Hon. W. S.—Knaresborough ...
Law, Hon. C. E.—Cambridge University... 0
Lawless, Hon. C.—Clonmel
Lefevre, Right Hon. C. S.—Hampsh. (N.) 1
Lemon, Sir C—Cornwall ( West) ..„ ... 1
Lennard, T. 8.-51aldon 1
Lennox, Lord A.—Yarmouth ... 0
Lennox, Lord H. G.—Chichester 0

Vivian, J. ll.—Swansea

... 1

Wyse, R. K. H.—Northamptonshire (South) 0
Vyryan, Sir R. R.—Helston
Urquhart, D.—Stafford 0
Waddington, D.—Mallon 0
Waddington, 11. S.—Suffulk (West) 0
Wakley, T.—Finsbury I
Walmsley. Sir It. J.l,eicester (borough)... 1
Walker' R.—Bury, Lancashire ... 1
Walsh,Sir_J.—Radnurshire
Walter, J.,—:Nottingham 0
Wail, C. B —Salisbury ... 1
Walpole. S. H. Midhurst ... 0
Ward, H. G.—Sheffield 1
Watkins, L. V.—Brecon (borough) ... 1
Wawn, J. T.—South Shields
Welbv, G. E.—Grantham ••• ..• 8
Wellesley, Lard C,—Haets (South) .. 0
West, F. R.—Denbigh (district) .. .. 1
Westenra, Colonel—King's County .. 1
Westhead, J. P.—Knaresborougla ... 1
Whitmore, T. C.—Bridgenorth 0
Wilcox, B. M.—Southampton . ... 1
Williams, T. P.—Marlow •.. 0
—.—Macclesfield ... 1
Willoughby, Sir H.—Evesham 0

Leslie, C. P.—Alonaghan ... 0
Lethbridge, A.—Cricklade • 0
Lewis, G. C.—Heref‘rdshire
Lewis. Sir T. F.—Radnor (district) ... I
Lincoln, Lord—Falkirk (Burghs) 0
Lindsay, Colonel —Wigan ... 0
Littleton, Hon. E R.—Walsall 1
Loch, ..1.-*Wick (district) 1
Locke, j.—llnniton 1
Lockhart, A. E.—Selkirkshire 0
Lockhart, W.—Lanarkshire ••• •••
Long, W.—Wilts (North)
Lowther, lion. IL C.—Westmoreiand ... 0
Lowther, IL—Cumberland (West) ... 0
Lushingt on, C.—Westminster ... 1
Lygon, H. B.—Worcester (West) ... 0
M'Carthy, A.—Cork (city) ••• ••• 1
McGregor, J.—Glasgow 1
Mackenzie, W. F.—Peeblesshire (county).. 0
Mackinnon, W. A.—Lymington 0
Macnaughten, Sir A. W.—Antrim (connty) 0
M'Neill, D.—Antrim (county) ... 0
D.—Argyleshire 0
NltTaggart, Sir J.—Wigtown (borough) ... 1
litTavioh, C. C.—Dundalk

Wilson, James—Weetbury
Wilson, M.—Clitheroe
Wodehouse, E.—Norfolk (East) ...
Wood, Sir
Wood, W. P.—Oxford (city) ...
Worcester, Marquis of—Gloucestershire (E.) 0
Wortley, S.—Buteshire
Wrightson, W. B.—Northallcrton
_ .

••• 1
••• 0

Mogan, W. H.—Westmeath... 1
Matter, N.—Tipperary (county) ... 1
Mahon, Lord—Hertford 0
Mahon, O'G.—Ennis
Maitlnd, T.—Kirkcudbrightshire... ... 1
Mangles, R. D.— Guildford—, ... 1
Manners, Lord C. S —Leide.ster (North) ... 0
Manners, L-rd G. J. Cambridgeshire ... 0
March, Earl of—Su.,sex (West) 0
Marshall, J. G.—Leeds 1
Marshall, W.—Cumberland ( East) ... 1
Martin, S.—Pontefract
Martin, C. W —Newport 0
Martin, J.—Tewkesbury 1
Aasterman, J.—London ... ••• ... 0
Matheson, A.—lnverness burghs
Matheson, James—Ross shire
Matheson, T.—Ashburton 1
Maule, Right Hon. Fox—Perth ... 1
Mauneell, T. P —Northampton (North) ... 0
Maxwell, lion. J.—Cavan 0
Meagher, T.— atertord (city) 1
ate.lgunil, Lord—Greenock ••• ••• 1
Meux, Sir H —Hertfordshire ... 0
Miles, P. W. S.—Bristol ... ... 0
Miles, W —Somersetshire ( East) ... 0
Mines, R. M.—Pontefract ... ... 1
Milton. Lord—Wicklow (county)
Mitchell, T. A.—Bridport
Mc )ffatt, G.— Dartmout h ~„ 1
Moleaworth, Sir %V.—Southwark 1
Moody, —.—Somersetshire (West) ... 0
Moore, George H.—Mayo (county) ••• 0
Morgan, C. o.—Monmouthshire •• 0
Morgan, G.—Wexford (county) 0
M,rpeth, Lord— Yorkshire (West) ... 1
Morris, D.—Carmarthen . • • .. 1
'
Morrison Gen.—Clackmannan and Kinross 1
Mostyn, E. M. L.—Flintshire
Mowatt, F —Penryn and Falmouth ... 1
Mulgrave, E ot--Scarborough 1
Mundy, M. S.—Derbyshire (South) 0
Muntz, G. F.—Birmicgham
Mure, Colonel—Renfrewshire 0
NeelJ, J.—Cricklade
Neeld, Joseph--Chippenham 0
Newdegate, C. M.—Warwickshire• (North) 0
Newport, Viscount—Salop (South) 0
Newry, Lord—Newry 0
' Nicholl, Dr.-J.—Citrniff 0
Noel, Hon.' G.—Rutlandshire 1
Norms's, Sir D..—Mallow
Norre3-s, Lord--Oxfordshire 0
Northland, Lord—Dungannon ... 0
Nugent, Lorde7Avlesbury 1
Nugent, Sir P.—Westmeath••• ••• 1
O'Brien.ol3rien eursi_ckcccairtey
1
O'Brien, T.—Cashel
J.—Limerick
(city)
1
O'Brien, W. S.—Limerick (county) ...
O'Connell, D.—Waterford (city)
.••
O'Connell; J.—Kilkenny (Borough)
O'Connell, J.—Limerick (city)
O'Connell, M.—Tralee •.. •••
O'Connell, M. J.—Kerry ••• •••
O'Connor, F.—Nottingham ••• •••
O'Flaherty, A.—Galway (borough) ... 1
Ogle, S.—Northumberland (South) ... 1
Ord, W.—Newcastle-on-Tyne ••• •••
Osborne, R..-Middlesex ••• •••
O'sulston, Lord—Northumberland (North) 0
Oswald, A.-I-Ayrshire 0
Owen, Sir J.—Pembroke (district)
Packs, Sir C. \V.—Leicestershire (South) 0
Puget, Lord A —Lichfield ... 1
Paget, Lord C.—Sandwich
Paget, Lord G. A. F.—Beaumaris 1
Ppaakiminegr,ttoonn,,S\irisJc.(TunDt_roiTtvriviet.rc.
Paget, Lord G.—Anglesey • 1
tho n 1
Palmer, R.—Berkshire
Palmer, IL—Plymouth
Parker, J.—Sheffield
Patten, J. W.— Lancashire
Pattison, J.—London „.
Paulet, Lord—St. Ire's
Pearson, C.— Lambeth
Pechell, Captain —Brighton
J -Huntingten

Wyrd, 0
Wynn, Rt. Hu. C. WAY.— Montgomeryshire 0
Wynn, Sir \V.—Denbighshire • ...
Wyvill, M.—Richmond I
Yorke, Hon. E. T.—Cambridgeshire
Yorke H. R.—York (city) ...
Young. J. —Cavan ...

This was an action by the N.-a castle-upon-Tyne Join,
StStick 13nin pany, to recover, with interest the
surd'ot -tilBkt lt (3
s.,Tine annunt of two bills of exchang;-,
ce and whichhad been placed
iantehpeted bi3'
hatdsL°oll:ti personingt'sthad
of the name 01 Edwards.
Mr. Knowles, Mr. Watson, and Mr. Unthank, for the
plaintiff ; Mr. Martin, Mr. Rubinson, and Mr. G. Pol-
lock, for the defendant.
It appeared that Lord Ingestre had been jointly in-
terested with Edwards in the purchase of an estate, and
that previous to these bills being deposited with the
bank, other bills connected with these transactions, and
which Lord Ingestre had guaranteed, were in their
hands. The bills now in question were sent to the bank
by Edwards, for the purpose of withdrawini these bills,
which Edwards wished to have returned. A correspond.
ence took place on the subject, the hAiik offering to take
these acceptances for the purpose of meeting the bills in
question, and as a collateral security for other bills in
their hands. Subsequent to this proposal being made
Edwards had demanded the bills to be returned, but it
did not very clearly appear what was the final arrange.
went between the parties, or whether the bills to be
returned were actually returned or not.
It was contended, on these facts, that the indorsement
by Edwards was merely conditional, and. that, the con-
dition, as it appeared, not having been performed, the
indorsement was null, and the bank had,no right of ac-
tion against Lord Ingestre.
His LORDSHIP held, however, thist the actual accept-
ance of the bills, and the endorsement, in fact, having
been proved, it was for the defendant to show that the
condition had not been complied with, and it was con-
sistent with these facti that the bills to be returned
might have been returned after the period at which the
correspondence in evidence took place. This was the-
chief point in the case, and subject to some question of
law arising on the pleadings, which were very volumi-
nous and complicated.
A verdict was returned for the plaintiff to the amount
of the bills and interest, making a sum of 4.5381.
NORRIS v. 73E8E1.

This was an action of trespass.
Mr. Watson and Mr. Cowling for the plaintiff ; Mr.
Knowles, the Attorney-General, Mr. Martin, and Mr.
Crampton, for the defendant.
This was a question arising out of proceedings in the.
Court of Chancery for an injunction to prevent the
plaintiff erecting some houses in Islington, in the
borough of Liverpool, in a manner which it was al-
leged was contrary to the provisions of a local Act
street. paying
Passed in 1842. By that Act the corporation was em-
powered, in case of any house which projected beyond
the line of the street being pulled down, to compel the
party in rebuilding it to take it back to the line of the
which he might be so deprived. The plaintiff was pos-
sessed of six houses in Islington, before each of which
him due compensation for the land of
was a small inclosure, running out to the footpath. On
one side of' these houses was a row consisting of some
sixteen houses, built in the same line, and which also
had apparently at one time had before them inclusures
of a similar kind, but these had for a very long period
been thrown into one long terrace accessible to the
public, and at many parts quite open to the adjoining
footpath. On the other side, also, of the plaintiff's houses,
the line of the houses corresponded, not with the front
of the enclosures, hut of the houses themselves. The
plaintiff, having pulled down one of the houses, proceeded
to erect three shops, which he carried out to 'he edge of
the original enclosure, causing them to project much
beyond the line of the other houses, and forming cer-
tainly a most unpleasant eyesore in a rapidly improving
part of the town. An injunction was moved fur, but
subsequently dissolved. and the parties met io try the
right, st lsw. the vitintie being restrointd from =caplet.

••• •• • 1

Peel, ..—titil..
Peel, Sir R.—Tamworth „..
Peel, W. Yates--Tamworth
PendarVeA. E. W. W.—Cornwall (Wait)._ 1
Pennant, Hon. E. G. D.—Carnarvonshire... a
S
Perfect, R.—Lewes ••• ••• 1
Pero. S. 11.—orwich •
••• ••• 1
Phillips. S. R.— Pools ••• ••• ... 1
Pigott, F _Reading
Pigot, Sir R.—Briolgenorth ••• ••• 0
Pilkington, J.—Blackburn .. ... ... 1
Pinney, W.—Somer.etshire (East) ••• 1
Plow den, W. H....,..iewport (I. W.) .. D
Plamptre, J. ?;...-Eant (Us_ 0 ... ... t
Folrilla• Cdowil—Cattlimillri ... pe 9

-

TILE p SUN, LONDON, NIOND AY Ey
,NINp, AUGUST,: 211, 1847.

ing the Muses until the action at law should be decided.
The defendant was an officer of the corporation, and the
trespass was committed for the purpose of raising the
question.
It appeared that the interpretation clause of the local
Act provided that the word " house" should include any
warehouse, building, &c., "or other inclosure," and it
was contended tor the defendant that the enclosure or
area in question formed part of the house, and, there-
fore, that when the house was pulled down, the corpo-
ration could compel the party to throw it back to the
line of the street. This line, it was also contended, was
the line of the actual houses, or the majority of them,
in the street. _ _

^His
LORDSHIP said the difficulty arose from the
ambiguity of the Act. That one house should not pro-
ject beyond another was intelligible, but what was the
line of the street was difficult to fix; was it in this ca-e
that of the line of the houses themselves, or of the area
in front of them, and if, of the one or the other, of how
many.
It was finally agreed a verdict should be taken for the
plaintiff, with fiber y to the defendant to move for a new
.trial. A model in the meantime to be made, for•ttie in-
formation of the Court above, by a person agreed on by
both parties.
But one action, a special jury case, remains for trial
on Monday.

WESTERN CIRCI IT.—Bristol, August 20, 21.
(Before Chief Justice WILDE aid a Special Jury.)
BAXENDALE AND OTHERS V. HILES.

Mr: Cockburn nod Mr. 'Fumed were c,.unsel for the
plaintas, and Mr. Butt and Mr. Smith for thy de-
lend.nt. _ . _

This was an action brought by the plaintiffs, who
carry on the b,isiness of carriers under the firm of
Pickford and Co., against the defendant, as treasurer of
the Bristol Dock Company, for having drawn the water
out of the floating harbdur in so incautious and negli
gent a manner, and without giving due notice of their
intention, that a ve.sel.belonging to the plaintiffs, called
the Brothers, which was then in the harbour, was very
seriously damaged, whwreby the plaintiffs. sustained con-
siderable loss. The- defendant put every possible pl- a
upon the record, of which the ci,unsel for the plaintiffs
complained, stating that public. conop.inies often did
that of which, as :private individuals, they would by
ashamed.

According to the case, the fa"ta were
these :--that on the 9th bf June, -1846, their vessel had
taken in a cargo -of copper and Wool,`and that night their
man (13ovven) slept onboard. On his awakii.g. next
morning,. he discovered .that during the night all the
water bad been let out of the harbour, and the vessel,
having grounded on, some stones,' had sustained coma--
derable injury; a leak had been sprusPz, and upon the
water coming in again, she tilted. The agent- of the
plaintiffs immediately wrote to the dock company, stating
that the plaintiffs would bold' the dock company re-
sponsible. In six days after this, the plaintiffs received
from the solicitors of the dock company a must laconic
answer, merely saying that the company did not con-
sider themselves liable for any damage on account of
the sinking of the barge. The plaintiffs then had their
vessels repaired, and wrote again to the dock company
stating that the expenses amounted to upwards of 60/.,
and that they should hold the company liable. To this
an answer was sent by the solicitor, stating that the
directors did not consider themselves liable, and in the
event of the plaintiffs taking any proceedings, he begged
to inform them that he acted as their solicitor. The
plaintiffs, therefore, instituted the present action, and
they called witnesses to repel all pleas the defendant had
put upon the record, most of which were completely
of a technical nature.

For the defence, it was contended that the question
was, whether the company had exercised due caution
in letting off the water. It was the duty of the com
pang occasionally to I,t off the water in order to keep it
pure any free from filth. On this occasion it was not
the usu,il lowering of the water for the purpobe of cleans-
ing the harbour ; but it was done for one night only,
and it would be proved that notice had been given to
the different vessels, so that the defendant would be en•
d to a verdict.
Witnesses were called for the defendant, in order to
prove that notice had been given ; one of these, though
called at ten o'clock in the morning, was in such a state
of intoxication that scarcely any thing could be Iteited
from him. He had had as much money as he required
for engaging in this Ikiness, but he could not tell how
much. He had had coffee, and soda-water, and beef-
steaks that morning. betore he came into court ; lie had
had that which did him good. The conduct of this man
was such as to induce the Chief Justice, in summing up,
to say that he doubted whether he ought to have per.
witted him to give evidence. However, the jury had
heard him, and they would give what Weight they,
thought right to his evidence.
After a protracted trial, the jury returned a- verdict
fur the plaintiff for the amount claimed.

LAW INTELLIGENCE:
COURT OF BANKRUPI CY, Aug. 21.
IN RE HENRY LEWIS DAVIS.

The bankrupt (who had k. pt a handsomely fitted up
shop es a glass dealer on Ludgate-hill, near the Old
Bailey) attended to pass his last examination.
The' case pte.sented some remarkable features.- The
bankrupt had traded as " Davis and Company," on pre-
mises taken from Messrs. Rundfll and B idge, at' 21;01
a year. He commenced his car.-er in February, and
tivi.hed it in June, when the fiat was issued. His debts
were 1,8001., and his assets .about 3001. He owed 1401.
for rent, and a gentleman attended on tt,e part of the
landlords to complain that on the 25th of June the au-
sit:nee* hud stripped the place Of the properly, and there
rerr to pay the rent.

Mr I,L %YD, the solicitor to the fiat, explained that the
property had been seized in time tor the creditors, and
sold for 3001: The larintirdg must share with the other
cr, ditors. No doubt had the property been sold under
a distress, the creditors would have got nothing or their
debts.

Mr. Commissioner FA NE. said. the law gave landlords
extraordinary powers. and in cases like the present he
could not interfere. They could prove their debts under
the.fiat.

vesAtlmr. LtioLn. Theovbask bankruptedan had just le
adjournment ifintdhish
sheet, and he should expect that in a career ocisfas
(eb,anflia
rny)fici n-
vee
ig-
months and a few days every item should be vouched.
The bankrupt had not filed all hist account books, as ap-
peared from a private examination of one of his shop-
men. Three books had been filed, but a cash book kept
was not forthcoming.
Mr. Commissioner FANE asked whether this was the
case in which a mistake had occurred in the descrip-
tion?
Mr. LLOYD replied in the affirmative. The bank-
rupt had resided on .Ltulgate-hill,and not in Ludgate-
street.Ludgate-hillPaul's.—(A
reached It sf•emed that the top part of what was the
hill was called "street," and the other part, which was
ttlithhueevs;vl7l,,)
The bankrupt was. examined respecting his account•eleat,awilea3s., caanlldedL"uhdgilakt'e'
books. Ile stated that before he took the premises on
Lu :gate-hill he was " nothing." He had been a clerk
in a merchant's offi,e, and resided with his father in
Upper Bedford-place. his father was " nothing." He
meant that he had been in-the glass business, but had
retired. He commenced business on Ludgate hill in
February last; he kept a ledger; a bill book, and lately
a cash-book has been made. He denied that he had
kept a cash-book which had not been filed. The party
ho had been examined had made a raise statement.
Mr. Commissioner FANE told the bankrupt that if it
was proved to his satisfaction that a book had been kept.
back, ha never would rave his certificate.
The bankrupt positively alleged that he had kept no
other books than tle,se filed.
Mr. LLOYD called upon the Court to grant ample time
in such a case.
His HONOUR thouzht it was a case for a strict inves-
tigation. The bankrupt had only been in business a few
months, and if he did not give satisfaction to his credi-
tors he must be left liable to his debts, and to be taken
into custody by his creditors.
The COURT adjourned the last examination to the sth
of November next.

Wm, a:person would almost rather submit to be robbed
with impunity than undergo the ordeal of prosecuting •
at the Old Bailey. In an ordinary session probably more
than a thousand persons attend as witnesses in the dif-
ferent cases, and persons of respectability, of both sexes,
are huddled together, indiscriminately, with the friends
of the thieves, and_pplione of the lowest grades of so-
ciety, and if they dare to depart the Court for a short
period, and their case happens to be called on, their ex-
penses are refused, so that they- are compelled to•loiter
about from nine o'clock in the morning until five in the
evening in the society above alluded to. It is said that
the City authorities have had the matter under conside-
ration, and that the peculiar formation of the building
and the want of space prevent them making any effec-
tual alteration ; but, surely there might be some ameli-
oration effected of the monstrous inconvenience arising
from the present state of, thins.
Mr. Justice ERLZ made the reply that has been so
repeatedly given by Learned Judges in answer to the
same complaint, namely, that he had no doubt the
corporation of the City would take the matter into
consideration, and do all in their power to remedy the
evil complained ot. •
The grand jury were then discharged.