The Sun.
London, England, 1859-12-06 00:00:00

TEM SUN, LONDON. TUESDAY EVENING, DECEMBER 6, 1859.

LAW INTELLIGENOR.-(T1116 DAY.)

COURT OF EXCHEQUER.
(Sittings at Nisi Prins, before the Lord Chief Baron and a
Special Jury.)
FENHALON AND OTHERS V. THE MERSEY DOCKS AND

HARBOUR BOARD.

The further hearing of this case was resumed this
morning.

The plaintiffs were the owners of the ship Sierra Nevada,
bound from the Chineha Islands to Liverpool, and sued the
defendants to recover damages for injuries sustained by rea-
son of the negligence and improper conduct of the defend-
anti in allowing a large bank of mud to accumulate in the
Wellington Half-tide Dock at Liverpool, which rendered
the dock unfit for use, and caused the vessel en striking
thereon to break her back. It appeared that the vessel
in question was built in 1854 by the celebrated Ameri-
can builders, Messrs. Tobin and Littlefield, at Ports-
mouth, New Hampshire, United States, and was of 1,942
tons register. Her first voyage was to the Chincha Islands,
for a cargo of guano. About 2,400 tons were obtained, and
taken in through the ports in the second deck, preparations
have been previously made so as to admit of the weight
being equally distributed about the hold of the vessel. She
was returning to the Hampton Road, and when rounding
Cape Born encountered the usual rough weather that it
almost invariably met with there, and it was found that
she made very little water, and performed her voyage in a
satisfactory manner. The keel of the vessel was per-
fectly straight and unusually strong, and if at any time
there is any disarrangement of the keel, or kelson, the
ends of the planking in the immediate neighbourhood
would open and water be admitted. If a vessel
bends or curves downwards she, what sailors call,
" sags," and, as a matter almost, of course, lets in water.
Sagging has another effect—the mainmast of a vessel rests
on the kelson, which is a large piece of wood running along
the top of the keel, and in this ship she got additional and
very considerable strength from the fact that she had what
are called sister kelsons, one fastened on either side of the
kelson. The mast is secured by what are termed the
shrouds. If a vessel sags or sinks in the keel or spine of
the ship, as a matter of course the mainmast would sink
and, necessarily, the shrouds be less taut ; the very con-
struction of the vessel prevents the possibility of the under
part of her suffering without distinct indications of what
Is going on exhibiting themselves above. There is a'diflo'L
once in putting a ship together existing between the
American and English mode; in the latter method the
planking is put on to the ribs, and the ceiling, as it is
termed—that is, a lining with planks to form the
hold—placed on the upper side of the ribs, and
the whole secured by a bolt running entirely through them;
while in the former method the planking is fastened on to
the ribs from the outside, and the ceiling from the inside to
the ribs, and it is a matter of opinion as to which is tho
better or stronger plan to adopt ; the stanchions are upright,
springing from the kelson, and across which the ship's beams
go ; and in the Sierra Nevada the beams and stanchions
were secured to one another by metal fastenings, so that one
part alone oould not be pushed up if the vessel " hogged"
or curved up, or sink if the vessel "sagged ;" all must be
moved in either event. The Sierra Nevada arrived in the
Mersey on the 12th of April, and in attempting to get into
the dock her progress was interrupted by, as the plaintiffs
say, a mud bank rising above the sill of the dock.

SPORTING INTELLIGENCE.

TATTERSALLS'-YESTERDAY.

The defendants pleaded tot guilty, and that the ship was
not the property of the plaintiffs.

Mr. Wilde,
.Mr. Cleasby, Mr. Aspinall, and Mr. Lush-
ington were counsel for the plaintiffs; Sir F. Kelly, Mr.
Edward James, Mr. Forsyth, and Mr. Quain represented
the defendants.

The case had not concluded when we went to press,

SHERIFFS' COURT.
(Before Mr. Kerr.)
SINGULAR ACTION Or TROVER AND DETINUE.-+

HAMILTON V. PARLOW.

This was an action of trover, damages laid at £lO ; and
there was another count for (Wane, plaintiff alleging that
defendant had illegally seized and detained certain clock
movements, the property of plaintiff.
Mr. Buchanan, for tha plaintiff, statod that Dr. Hamil-
ton had purchased some time ago certain clock movements
of a person named Bevan. Bevan was in arrears with the
landlord (defendant), who distrained, and seized two of the
clock movements, hence the present action.
Plaintiff fully bore out the statement ; and, in cross-exa-
mination by defendant, said he knew that Bevan had been
charged criminally with pledging certain watches entrusted
to him to repair. lle was not, nor had he been, in partner-
ship with Bevan. Bevan agreed to take the movements at
the condemned price.

Defendant contended that the seizure was perfectly
regular; that plaintiff and Bevan were naiaed up together,
and, in fact, plaintiff had assisted Bevan in his business.
Mr. Buchanan said there was no evidence to warrant such
a statement.

His Honour said—lf defendant thought he could make
out anything, he could bring up Bevan by habeas corpus.
As far as the evidence went, it was positively sworn that
these movements were plaintiff's property, and az audit
plaintiff was ORMICU to recover.

Defendant then said he would give up the movements.
Mr. Buchanan observed that plaintiff would rather have
the money.

Defendant—The movoments are not worth £lO.
His Honour—Then, this case must be adjourned at de-
fendant's cost, to produce evidence as to value.
LANDLORD AND TENANT—IIOW TO GET OVER AN
UNSTAMPED AGREEMENT.—McGREGOR V. FINNIGAN.
This was an action for rent (£l2) of a room in a house in
Cheapside, held by defendant.

His Honour—ls there an agreement?
Mr. De Jersey (for plaintiff)—There is one.
His Honour held out his hand for it, and it was passed
over to Mr. Osgood (chief clerk), who said it was un-
stamped.

Mr. Do Jersey then called plaintiff's foreman who proved
occupation.

His Honour—lVell you can't ask him anything about the
rent. were the premises worth .Cl 2 2
Witness—• Yes.

His Honour—Judgment for plaintiff. Pay in ten days.
Eeonomising to the extent of 2s. 6d. frequently is the cause
of great loss.

TAYLOR V. SMITIL.-IMEORTANT TO THE WINE TRADE.
This was an action to recover damages sustained in con-
sequence of the non-delivery of certain cases of brandy.
Mr. Clarke, of Bedford-row, for the plaintiff, proved by
witnesses that the plaintiff had been compelled to pay a
third person, who had ordered the brandy, damages.
Plaintiff said that he had been put to considerable trouble
in addition to expense through defendant's breach of con-
tract.
His Honour found for plaintiff with costs.

GREAT FIRE AT" WHITECRAREL.—
REscuß OF ELEVEN PERSONS.

This morning, between the hours of one and two o'clock,
a destructive fire took place on the extensive premises of
Mr. Lewis Jacobs, wholesale boot and shoe maker, 124,
High-street, Whitechapel, which was attended with nearly
fatal consequences to 11 persons. The fire was discovered
by police-constable Cooper, 27 H, who observed smoke issu-
ing from the workshops, situated in Castle-alley. He in-
stantly raised an alarm, and dispatched a messenger for.
Samuel Wood, the conductor of the Royal Fire-e'scape at
Whitechapel-church, which promptly arrived on the
spot, and just at a most critical moment, as eleven
persons presented themselves at the second floor windows.
The most piteous cries for help.were heard, and the position
of the inmates was truly alarming. The conductor of the
fire-escape, with his usual promptitude, placed his machine
against the burning building, and after considerable exer-
tidn he succeeded in miraculously rescuing the whole 11
persons from their perilous situation.

The engines of the different fire brigades were inne.
diately put in operation, under the direction of Mr. John
Bridges, foreman of the district; and it was only after
some hours' constant labour that the fire was extinguished
—not, however, until the promises were entirely destroyed,
and considerable damage done to the adjoining houses.
The origin of the fire is unknown, but the property was
insured.

Too much praise cannot be awarded to Samuel Wood for
his intrepid and gallant conduct on tho occasion. He was
so much exhausted with tho exertion that he had to be con-
veyed to the Swan Tavern opposite, in a state of insensi-
bility. Medical assistance was promptlyiiven, but it was
upwards of half-an-hour before he revived.

An attendance commensurate with the dull period of
the year, and a few bets only made on • the Derby.
8 to 1 was offered against Umpire, but with no response.
Still the American turfmon do not appear to be discouraged,
for they have sent over a challenge to take 100 to 1 that
Umpire wins the Derby and Goodwood Cup, and that the
" Benicia Boy" beats the redoubtable Tom Sayers for the
championship of the English Prize Ring. Thormanby and
High Treason were backed for £5O each at the odds
quoted. The Drone, who had been backed in the City for
£lOO, was supported at 1,000 to 40.
CLOSING PRICES.
TIM DERBY.
Bto 1 agst Umpire (offered)
12 to 1 agst, Thormanby (taken)
12 to 1 agst Buccaneer (taken)
20 to 1 agst High Treason (taken)
25 to 1 agst The Drone (taken)
33 to 1 agst Upperhand (taken)
60 to 1 agst Restes (taken)
50 to 1 agst Paleface (taken)
50 to I agst Plum Pudding

Some conversation took place respecting the Brunette dis-
pute for the Croydon Steeplechase, opinions differing as to
the merits of the case. Apropos of this subject the follow-
ing notices were displayed in the course of the afternoon :