The Sun.
London, England, 1802-10-27 00:00:00

ADMUZALTY SESSIONS.

LYillirrm Codling, John Read,George Baste+, and
WillignrM'Farlane, were indieted for wilfully and
feloniously destroying the Brig Adventure, bound
from London to the Mediterranean, off Brighthelm-
stone, on the Coast of Sussex, on the Bth day of
August last. Theie were a variety of counts, charg-
ing this offence on Codling, as-the Captain of the
Vessel, Read, as Supercargo, and M'Farlane and
Easterby, as Owners of, the Vessel, with intention
to defraud certain Underwriters, named in the In-
diCtment, of 90001. for which the Cargo had been
insured by them.

Mr. MAR R Y AT, opened the Proceedings on behalf
of the Prosecution, and Mr. GARitoW addressed
the jury at considerable length. He observed, that
the Indidment charged Codling and Read with be-
ing the ading Principals in the .destruCtion of the
vessel, and M'Farlane and Easterby with procuring
them to do so. This was an offence made capital
in law, and when the Jury refieded that in it was
involved the life or death of four of their fellow
creatures, they must consider it, in that point of
view, as a case of very great importance. It was
also of infinite importance to the Community at large,
inasmuch as it involved the vital interest of tuts
great Commercial Country. The policy of our laws
not only allowed,but prote&ed, the Insurance of Pro-
perty, by which these risks and losses which might be
too heavy for individuals, were distributed amongst
many, and thus came with less pressure in cases of
' mishap. In England alone, where Commerce'had
arrived at so astonishing a degree of eminence, was
it, that a certain, though a comparatively
number of persons carried on the business of insur-
ing from Risk, not only our Commerce, but also
that of Foreign Countries ; but there would be an
end of those beneficial Institutions, if frauds and
crimes of the nature they would now have to decide
upon, were not fully guarded against, and very
severely punished. There was,one thing which he
ever did, and ever should, consider as a part of his
duty in Prosecutions of this kind, to submit to any
Jury he had the honour of addressing—which was
to caution them against suffering themselves to be
warped by prejudices. Prosecutions of this nature
were always apt to be made the subjet of conver-
sation and discussion; and if, unfortunately, they
had heard, or read, any thing relating to this affair,
which might have, a tendency to operate against all
or any of the Prisoners, they must discard the re,
tolleCtion, and keep their minds open only to the
evidence. In the same way, if they should hear
any observations from him, which the evidence did
not afterwards confirm and support, they must not
suffer it to operate upon their judgment, much less
on their decision. The Learned Judge who presides
in this Court, in his Charge yesterday to the Grand
Jury, so fully and ably described and pointed out
the duty which Juries had to perform, that it would
be presumption in him to say any thing upon that
subjed. Upon the lave, as applicable to the case,
he should also abstain from .saying any thing at
present. They would find that sufficiently laid
down to them by the Court. All that was further
required him, was to explain the nature of the
case, and make it intelligible,. to describe the sort
of Evidence he was instructed to bring forward, ;
and, lastly, to conclude with some few general obe '
servations. He was not aware of what defence his
Learned Friends would attempt to set up, but if he
was rightly instrkted, and should- be-enabled to
adduce such Evidence as he was taught to expel,
he had little doubt that the case would be clearly
and irresistibly made out.
[We should be desirous of 'reserving the circumstances of •
the Case till the regular stage of tile evidence, but a short
abstract of the Learned Counsel's narrative is here necessary
for the purpose of rendering more intelligible the applic;:tion
of the comments he made upon diffitrent circumstances-4 • •

The guilt of destroying-the ship, though persopal-
ly_performed by Codling and 'Read, vas, equ illy
imputed to them, as would. appear from the state- 1
ment he had ,t 0 lay k4efore them. The vessel in
question, he said, had been purchased at a pUblic
sale in May or June last, at which time it should
seem that the Owners, Easterby and. Warlane, had
this fraud in contemplation, from a vatiety of cir-
cumstances. It sailed from London for Yarmouth,
in July, under. .the Prisoner Codling, and Though. The
Owners bad insured it with different Underwriters, •
it was short of freight, and had r'sl tons of ballast.
A person of the name of Storrow was then '
cargo, but quitting the • ship at Yarmouth on z ac.
count of a rheumatic complaint, was SiieEeed-ed in .
his emplOyment by Read, one of the Prisoners:l.By
the departure of this man, ,the vessel-Was also with.
out a Mate, and the Captain, instead or looking out
for a' person duly qualified, offered thatfliitth to
Cooper, then a common sailor before •the mast.—
Cooper feeling himself inadequate to the task, from
his being ignorant of Navigation, told,hiin
what was the Captain's condua:upon this ? Why,
well knowing that he did not mean to go to Gibral- •
tar or Leghorn, he was careless of. the qualification,'
and said, it would be sufficient if be. behaved to-his:
satisfaaion ; .upon which Cooper .was appointed.
Upon sailing from the Downs., the Master told his :1
Mate that the , ship was in no condition to- go
• through the Bay,of.Biscay, and woad
.soon be•de-
stroyed. He added, that -he was himself a' clumsy
fellow, unable to go down the ship's side to bore,a I
hole in the bottom, and commissioned his:Mate to
peiform that service for him, telling him he would'
an auger in the, cabin Tor that 15urpdse. He
then took the helm himselfond employed the rest
of the crew aloft in handing the. sails, than they •
might not hear what. was going forward. CoOper!
went down and bored three holes, when the rushing.
in of the water being heard by some Of the crew,,
the Captain said it was no more than, the beating of
the water aoainst.the ship's- side. Read, he must
confess, had taken no aaive part in this.transad.ion,
though, as he must Have heardit,being in bed near the:
locker, it was' evident that this os6e, of Supercargo
'was meant., to superintend the destrtiaion of the.'
ship. In order to.give a mote free admis'ion to. the"
•Waker, the Mate was ordered down igain to inal:* a.
Istrcrer hole, antl to. rake out the auger which te,inained;
in one or the holes already trade, which he aconrd.
ingly:did,..anktlieyell got into the boat, where by
the positive injunttions'of the Captain,: nailing was,
admitted tout kw I oars, and plenty of tholes between