The Sun.
London, England, 1833-01-14 00:00:00

COURT OF EXCHEQUER, JAN. 12.

CURIOUS CASE OF TRESPASS—BARLOW V. RHODES.
This was an action of trespass, for breaking and
entering a certain passage, alleged in the declaration
to be the freehold of the plaintiff. The defendant
pleaded a special justification, claiming a right of
way over the passage in question. The case was
tried at the last assizes for York, before Mr. Baron
Bolland, when it appeared that the property was
situated in the town of Wetherby, which had for-
merly belonged to the Duke of Devonshire. In
1824, it was resolved by the Duke to sell that part
of his property by public auction, and plans were
made out and published, dividing it into separate
lots. The lot purchased by the plaintiff was lot
20, that bought by the defendant was lot 24. The
sale took place about May, 1825, and the defendant
alleged that he had bought the property under the
description of the plan published in the latter part of
1824. For the plaintiff it was insisted that there
had been a new description given of the property,
and that under that new description the sale had
taken place. There had been also conveyances of the
different lots executed, and,the conveyance made to
the defendant, gave him lot 24, " bounded on the
the north by lot 20, together with all ways, &c.,
thereto appurtenant or belonging." The alleged
trespass was committed in going from the defend.
ant's house to an ash-hole, formerly used with the
premises lot 24, when both were in the occupation
of the same person. The defendant contended
that the way was still preserved to him under
the words of the conveyance, " appurtenant or
belonging." The Learned Judge was of a dif-
ferent opinion, and a verdict was taken for the
plaintiff, with liberty for the defendant to move to
vet it aside, if the Court should think that the
right of way was reserved by those words. A
rule was, in the course of last Term, obtained for
that purpose.
Mr. COLTMAN and Mr. TO3ILINSON, showed
cause against it, and Mr. F. POLLOCK and Mr.
HOGGINS were heard in support of it.
Lord LYNDHURST was of opinion, that the rule
to set aside the verdict must be discharged.
The other Barons concurred.—Rule discharged.

COURT OF COMMON PLEAS, JAN. 12.

STAGE-COACH ACCIDENTS..--SHARPE V. GRAY

AND OTHERS.
Mr. Sergeant ANDREWS moved for a rule Nis
for a new trial of this cause, which was heard be-
fore the Lord Chief Justice at the last Sittings.
The defendants are proprietors of a Chertsey
stage-coach. The plaintiff was an outside passen-
ger on that coach when it broke down by the failure
of the axletree, and the plantiff was thrown from
the roof, and suffered most serious injuries. Tht
plaintiff brought his action, and the Jury awarded
him 300/. The Learned Counsel contended that
the damages were excessive, the plaintiff having,
previously to the trial, offered to accept a smaller
sum, which offer the defendants, believing they had
a legal answer to the action, refused to accede to.
The main ground of the motion, however, was, that
as the action did not arise from want of skilfulness
on the part of the driver, nor, as the Counsel
averred, flam any want of sufficient care on the part
of the proprietors in providing a safe cat riage, the
plaintiff, under a decision of Lord Chief Justice
Mansfield, was not entitled to recover.
The COURT refused the rule.

ADMIRALTY COURT, JAN. 12.

HIS MAJESTY'S SHIP TIIETIS.-CASE OF SALVAGE.

This was a question of salvage, arising out of the
property recovered from the wreck of the Thetas,
and appears to be one of considerable importance to
the owners and salvors of property lost and recd•
vered as this has been.

Several of his Majesty's ships having, from time
to time, been engaged in assisting to recover the
property from the wreck, claims for a share of the
salvage were made on behalf of the officers and
crew of each vessel. The Thetis, it appears, was
laden with various valuable property, a portion of
which was specie, to the amount of 810,000 dol-
lars ; and having struck, on the night of the sth of
December, 1830, on the rocks oil Cape Frio, she

The KING'S ADVOCATE, on tire part of the owners
of the specie, said it was not their intention to dis-
pute the services rendered by the salvors.
The Thetis, it appears, left Rio Janeiro on the
4th of December, and was lost, as above described,
on the evening of the following day. The suffer-
ings of the officers and crew, including the Com-
mander, Captain Samuel Burgess, were dreadful
beyond description; and many of the unhappy men,
irLattempting to save their lives, either lost them,
by being dashed to pieces on the rocks, or washed
away by the waves. rhe affidavits describe the
wreck, the situation of Cape Frio, and all particulars,
most minutely. The first read was Captain Dickin-
son's, and from the information it contained, it would
appear that the vessel, by stress of boisterous
weather, was driven on the rocks at that part of the
sea, at Cape Frio, forming the cove or inlet, and
where the projecting rocks, forming the most formi-
dable cliffs, were 200 feet in height. On the other
side of the cove, a distance of 480 feet, the rocks
were equally high. Information of the wreck
having reached Rio Janeiro, the Admiral gave orders
to Captain Dickinson to proceed with the Lightning,
of which he was commander, to make observations.
At first sight it would appear imposnible to attempt
to approach the wreck with a view of saving her pro-
perty, from the awful apearance of the place where
the vessel went down, and the circumstance of the
sea running desperately high. When they ap-
proached the Cape, they discovered the vessel keel
upwards, and the surge washing violently over her.
After some time the Captain discovered that there
were intervals of calm, in which an attempt to save
the specie might be made, and having conceived a
project, he communicated it to the Admiral. They
endeavoured in conjunction to procure a diving bell
in Rio Janeiro, but there was not one to be had in
the place, and the Captain, who possessed a mecha-
nical turn, suggested that they might have one con-
structed out of an iron water-tank, the practicability
of which having been approved of by the Admiral,
two iron tanks were worked up, and two diving-
bells formed. When, however, he first mentioned
his project, the Admiral, as the affidavit stated, said
'that it was visionary, and that it would be attended
with great loss of life if tried, and certain failure.
The Admiral, at this time, spoke from observation,
having been to view the situation of tfie wreck.
To enable them to bring the diving-bells into opera.
tion, he further deposed, in his affidavit, that he
had two launches constructed, and the sea having,
by its violence, dashed them to pieces, he con-
structed a machine called a derick, composed chiefly
of portions of the wreck of the Thetis, and from this
the divers were enabled to descend in the bells. He
also constructed an air-pump for the bells, and dollars
to the amount of 50,000 were recovered by this
process. The bells were, however, dashed to
pieces against the rocks, by the power of the sea,
and the derick, which was powerfully constructed,
together with a suspension cable, was washed away
by one fell swoop of a wave. He then had two
other diving-bells constructed on the same principle,
and proceeded to work on a different plan. The
divers having discovered the bullion strewed in im-
mense confusion among the rocks at the bottom of
the sea, at the depth of five fathoms from the sur-
face, rendered their recovery a work not only of
great difficulty, but also of great risk to life, and
some lives were lost in the endeavour. By the
new plan, the greater part of the bullion was re-
covered, and in all 750,000 dollars were recovered.
The new plan was remarkable for its ingenuity, and
consisted of two parallel chain cables, of 480 feet
in length, being passed from the summits of cliff to
cliff, across the cove or inlet, which was made
secure by means of cross-chains, and from the main
cables was suspended a net, which, by means of
weights, sunk perpendicularly into the sea, the object
of which was to prevent the bullion, outside which it
was placed, being washed into the sea, the meshes
being constructed strong enough for that purpose.
This plan almost completely succeeded. The diving_
bells were suspended from the chains, and the divers
went on with their work with confidence. The affidavit
alluded to divers sent to assist in the recovery of the
specie by Admiral Baker; and stated that they
were unable, on the ordinary plan, to remain under
water more than two-thirds of a minute. The de-
ponent suffered so much in his health, from the
manner in which he was exposed to the inclemency
of the weather during the process (several months)
of recovering the specie, that his life is now consi-
dered in danger. The rest of the officers and crew
also suffered dreadfully—many of the latter lost
their lives by pulmonary complaints, and all suffered
from extreme debility, and. from insects peculiar to
the place, called " chigers," which perforated the
legs, and caused the most acute pain. The affidavit
further stated, that Admiral Baker did not visit
Cape Frio from December, 1830, when the vessel
was lost, to the close of the year 1831. The Light-
ning was ultimately relieved by the Algerine, which
prosecuted the salvage up to the middle of July,
1832. This affidavit was supported by the affida-
vits of others.

On behalf of Rear-Admiral Baker, Dr. Lusit-
INGTON read an affidavit, made before his Majesty's
Consul-General, by that individual, at Rio Janeiro.
It set out by stating, that information of the loss of
the Thetis having reached Rio Janeiro, the Admiral
gave orders for the squadron under his command to
proceed the next day to Cape Frio. The squadron
according sailed, and he accompanied it himself;
but, after being three days out, they were unable to
reach Cape FriD, owing to the roughness of the
sea, and were compelled to return to Rio. The
Admiral, with a strong body of officers and men,
then set out for the place over-land; and, having
reached it, he gave every encouragement to Captain
Dickinson, the officers, and men, to make an at-
tempt to save the specie. He also placed every
possible necessary means at the disposal of Captain
Dickinson, to whom he intrusted the command and
direction of the service, and placed one of the ves-1
sels mentioned above at his disposal as a tender.
The affidavit further stated that it was he (Admiral
Baker) who suggested the chain-cables being passed
from cliff to cliff,which proved so successful—the net,
Bze-; and that he condemned as useless, the machine
called the derick, constructed by Captain Dickinson.
The Admiral further deposed in his affidavit, which,
like Captain Dickinson's, was supported by the affi-
davits of other individuals, to the miserable state of
destitution in which he found the survivors of the
crew of the Thetis, and that he had, by every means
in his power, relieved them.
The amount of dollars saved by the Lightning,
while engaged in the service (including those re-
covered by the machine called " the derick” was
588,801; and those recovered by the illgenne
amounted to 140,199; making in all 729,000 dol-