The Sun.
London, England, 1805-07-17 00:00:00

cord, but also against William Smythie,-his son. 'll4
Defendants,. Nir hp nre 4Merchants and Ship owners,
proprietorS of the Ship Catherine) Britannia,
andj\lepttinus. On the last they insured goods to
the amount of '2,33 pl. totuliN,, Soon after Wards they
stated an average of'n a per ceut.andthe Underwriters
. being astonMted at the p fleet condition of -all the
other merchanal ze on boarel,a rid that this-alone was
darnag,ed, dertt.tr eed sorneexplanatiott.. None of the
severe rentrirks that would' be made were at.all
plicahle to it En .f•-chn l< iinchihre (who had put a:fair
plea, upon the Record) ; the' matter was ntore,sus-
picious, because all tbe accounts of the average
were sgpphied
_'t.iy Villiam Smythie, who was him,
Self On board:. By mere aecident the Plaintiff dis-
covered another Broker, of whom the sante loss.was
claimed, end- to whom similar Papers • were pro-
duced;... ,V,inding.twe insurances had been made Un
the same Vessel, and the.same interest, what was at
first mere matter of conjeaure,,became certainty,
, and a, paper was posted up at. Lloyd's, appointing a
meeting between-VI brokers who had et:reeled in-
surances on the Neptuntis,. for the account of" the
I)efeitilants. Ten brokers convened on this occasion,
and they stared at each other in the utmost surprise,
until it was mutually explained that on this property,
amounting to 23191. insurances had been made to the
amount Of 23,3001 .so that icitheDefendartts recover-
ed the average from each of these parties, they 'would
have pocketed nearly ~.;!,0001. ..On this being dis-
closed, Smythie said, in the total i,gnoratiee,of -the
law, that he had paid the premium Upon; the whole, ,
..and he is recover the whole. The son-returned
to Etiglatuk.to assist in thiS,:nefarious schelne, but
the father having been arrested, the younger Smythic
thought' It ;Most discreet fb disapPear, and the
Learned Counsel tiaderstood that' he had quitted the
kingdom. For the purpose' of this cause; it Was only.
necessary to Show that Williatii Smythie Was- net -a.
partner, and he should. do this by the best ...of all'
evidence on such in occasion, the confession of the
father. • '

Mr. PARKE said, lie was only Counsel for Mr.
ifinchliffe, and therefore he did not think it 'at all
nece3Sary to give an answer to the allegations of the
Solid tor teneral. ' ' • '

Mr. JEKTI.L, for Joseph Smythie, Admitted that
if unsupported assertions gild opprobrious language
were to decide this cause, his Learned' Friend on the
other side must.` nfailibly succeed ;' but if theta m'
of the land Were to prevail; he could have nadoubt
of the ariceesS of the' Difendants. ~It was 'a fat} .
which he would. establish beyond all contradidion,
that William Sinythie was a partner, . and if he
were so, the wholelproceeding was nugatory; and
the Plaintiff must be calla He should shew,
,out..of •
the very mouth of this Plaintiff, that the son was 'a
partner. The declaration in which he was so de-
nominated was riot hasty or accidental ; it was in a
soleMn proceeding on oath .before the Master of the
Court. The I.earned Counsel' then compared the
dates of the present proceeding' to those in two other
causes in the same amount; And. Said, that, Ibr the
purposes of the latter, he had made depositions
against the three parties, Hinchliffe And the two
Sniythics, as partners. These 'fads were afterwards
supported in evidence.
The SoLtcrroe-Qerielte said, that iteorder to
obtain-his mobey, the-Plaintiff-had found it neces-
sary to commence -various at-I'l6lli in different forms
against theseslipperY Defendants; ).vhich Would sa.;
tisfaaorily explain the -defence Which. had been, at-
tempted. It was incumbent 'on the Defendaift, Jo-
seph Smythie, to eseibliSh his plea, that William
Smythie was 'a partner : he bad 'neither, produced
the articles of partnership, nor a singrfebill of parcels,
'nor a letter with the common signature, to shew this.
The Jury would therefore see that he had failed hi
this scandalous experiment, and would give their
verdid for the Plaintiff. ' •

After some obstlions from his Lord hip,; cotrt-
paiative of the testit itrthe cause, a verdict
fouhd for the Mined, 4libjea to a refereuee as to
the citianturn of damages.

OLD 8..41LEY.

6711 DAT-JULY 16.