The Sun.
London, England, 1832-12-15 00:00:00

COURT OF EXCHEQUER, DEC. 14.

HARGRAVE AND ANOTHER V. THE LONDON
ASSURANCE COMPANY.
This was an action on a policy of insurance on
the ship Thomas, a merchant vessel of 429 tons,
from Mother Bank, near Portsmouth, to Cork, of
which the plaintiffs were proprietors.
The facts established on behalf of the plaintiffs
were, that the vessel was insured at Cork on the
3d of December, 1830, through Mr. Hawker, their
agent ; that the vessel set sail from Mother Bank
on the 25th of the previous November, having 40
tons of iron and copper, and 120 tons of loam as
ballast ; and that she had some time previously per-
formed a voyage with a similar ballast, which the
witnesses on behalf of the plaintiff considered suf-
ficient. At the period of the insurance the vessel
was entered at Lloyd's as I. 2., which implies a
vessel of the third class, deficient in materials. The
insurance was effected by Mr. Dean, one of the
plaintiffs, who stated in a letter to the agent, on ap-
plying to insure her, on the 2d of December. that he
had received a letter, informing him that she was
safe on the 21st of November. On the 27th of
November, after having been tossed about for nearly
two days by a severe storm, she was abandoned, the
crew not deeming it safe to continue in her any
longer, as they were unable to keep down, by
pumping,
the water which she admitted. Since
that period she has not been heard of. This being
the case on behalf of the plaintiffs,
Sir JAMES SCARLETT addressed the Jury on be-
half of the defendants. He undertook to satisfy
the Jury that the plaintiffs were not entitled to re-.
cover in this case, for various reasons—principally
because they had made misrepresentations respect-
ing the vessel at the period when the insurance was
effected; because the vessel was not seaworthy
when the voyage was commenced; and because
there was not an adequate necessity for abandoning
her on the 27th of November.
Several witnesses, among whom were the pilot
who attended her from Portsmouth, some of the
crew, and surveyors belonging to Lloyd's,were then
examined, whose evidence went to show that the
vessel had not ballast enough on board. They con-
sidered that 250 tons ballast were necessary as bal-
last for that vessel; though one-third of the burden
of the ship was in general sufficient ballast for ves-
sels, yet it was not sufficient for this vessel, on ac-
count of her shape, she being very high; for after
she had been built and used for a time, she was raised
six feet in the middle, and a new deck formed on
her; so her weight being disproportioned to her
height, she required more ballast than ordinary ves-
sels. In the opinion of the witnesses she ought to
draw 13 feet 4 inches water, whereas she drew on
this occasion 11 feet 9 inches only. Independently
of the ballast being insufficient, they considered loam
improper ballast for a leaky vessel, as it soaks the
water, and thereby renders the pumps incapable of
service. It further appeared that the ship was defi-
cient in sails and other materials, and that the night
previous to their abandoning her there was no light
on board (the oil having been exhausted), so that
they did not know how to steer or use the compass.
A person who had been on board the Waterloo, a
merchant-vessel, deposed that he saw the Thomas
floating on the ocean on the 2d of December. He
attempted to board her, but was unable on account
of the state of the sea.
This being substantially the evidence on behalf of
the defendants,
The Jury having deliberated for a short time, res
turned a verdict for the plaintiffs—Damages 2,0001.
The case occupied the Court from 10 till 6 o'clock.

COURT OF BANKRUPTCY, DEC. 14.

MR. MONCK MASON'S BANKRUPTCY.

The meeting of creditors under the fiat issued
against Mr. Monck Mason, late of the King's Thea-
tre, was held to-day, for the proof of debts, aid to
allow the bankrupt to pass his final examination.
lii consequence, however, of the indisposition of the
bankrupt, the examination was again postponed.
Several of the corps drantatipe made proofs for
their professional services. Signora Costelli, the
vocalist, proved for 711. 3s. ; Mr. Williams,
stage manager, for 261., and M. A. d'Angeli, cho-
rus master, for 30/., &c.
The attention of the Court was drawn to a claim
made on behalf of a lady who had made her appear-
ance at the King's Theatre, a contract having been
signed by her and the bankrupt.
Mr. SMEDLEY opposed the claim being entered,
as the lady had commenced proceedings against the
estate for the amount she claimed.

Mr. Commissioner WILLIAMS asked why the
claim of the lady was thus treated ?
The official assignee (Mr. Clarke) said the as-
signees would be able to prove that she did not per-
form her part of the agreement.
Mr. SMEDLEY said the lady " did not take." He
was sorry to speak thus of a lady, bu►. her attempt
was a failure. She could enter a claim if she
thought proper.
The CommtssioNEß said the lady must make her
selection whether she would enter the claim or per-
sist with the action.

The matter was allowed to stand over for con-
sideration.

The debts proved against the estate during the
day amounted to 7091. 195., which, added to the
proofs entered at the last meeting, made a total of
3,006/. The total amount of debts due by the
bankrupt are estimated at from 32,000/. to 33,0001.,
of which from 8,.5001. to 9,000/. are due to
" professionals" engaged at the theatre by the
bankrupt.—The further examination of the bankrupt
was postponed till the 22d of January.

King OTHO will be accompanied in his journey
to Greece by his Aides-de-Camp Count Saporta and Baron
Von Asch. The suspenion of the recruiting for the Greek
service is only for a tew days, till the preparations for the
journey are completed, as, after the departure of the
Regency, the recruiting committee remaining at Munich
will recommence its operations, and the enrolment of vo-
lunteers proceed without interruption. The Greek deputies
have received from his Majesty the King the cross of
Commander of the order of civil merit of the Bavarian
Crown, and their Aides-de-Camp valuable diamond rings.
Nuremburg Correspondent, Dec. 6.

POLICE INTELLIGENCE.

MANSION HO USE.

A house-painter, named Collins, complained
against Mr. King, the proprietor of the Grapes
public-house, in St. Mary Axe.
Collins had been engaged by Mr. King and Mr.
Kilby, who were partners in agency to Don Pedro,
to go out to Portugal as painter. Ilpon reaching
Terceira he was put on board Don
,Pedro's yacht,
where he remained painting for some time. He had
been promised 2/. 15s. per month, the same rate at
which a great number of others went out ; but ex-
cuses were made, and there would have been no use
in a controversy about money when the enemy were
preparing to let fly. Miguds batteries, when they
reached Oporto, played upon them, after having,
to their surprise, first given them several cheers.
After having remained exposed to the fire of the
adverse forces for some time, Collins received a
severe wound, and was conveyed to the hospital,
where he was not long situate when a bomb-shell
burst down through the roof, and killed a Portu-
guese soldier on each side of him. He escaped
narrowly, with the assistance of others, from the
flames, which soon consumed the hospital, and, on
recovery, was placed on board the schooner Eugenic,
in which he had sailed out. The schooner one night
suddenly took it into her head to set off for Eng-
land, and the whole crew were discharged when
they reached Dover. Collins, and another man who
had gone out as carpenter, were discharged, as well
as the rest, without receiving a halfpenny, arid they
were now in London without being possessed of a
fart him?'.
The LORD MAYOR—Why did you return so sud-
denly; was not there something extraordinary in the
business ? Collins—The carpenter and I were ra-
ther surprised when some of the crew carne to us
one night, and said, " We are bound for England."
The Loup MAYOR—I suppose they thought t hey
had enough of fighting ?—I don't know, but they
told me that they were all Dover men, and " that
they had no idea of staying at Oporto any longer."
I said I begged to be considered neuter; and their
answer was, " You have only six hours to live, for
overboard you go." I begged for mercy, but they
sail I should certainly go under water.
The LORD MAYOR—I thought there was some-
thing more than usual in the refusal to pay. So,
after all, the thing has turned out to be a mutiny.
Pray how many of yuu engaged in it ?—Neither
the carpenter nor myself had any thing to do
with it.
The LORD MAYOR asked Mr. King whether the
crew had been dealt wi th for the mutiny.
Mr. King said, that it was the only mutiny that
had occurred amongst the persons who engaged to
assist the cause of Don Pedro, and that they were
merely discharged without receiving the intended
remuneration.

The LORD MAYOR—Very properly. They de.
served more serious punishment.

Collins—Before the crew all came up from below
together, they went aft to the Captain and the other
officers, and sail they must return to England. The
Captain expostulated with them, but it was in vain;
they would turn to the right-about, and the Captain,
finding they were determined, undertook to rtar-
gate the vessel home, and did so. Whenever the
Captain used to say, at Oporto, that the wind was
fair for England, some of the crew used to say, and
I thought it was in joke, " Ay, and may be you'll
eat yout Christmas dinner there."

Kekon, the carpenter alluded to, said that the
statement of Collins was correct The crew resolved

to cut the service. The mutineers were all dis-
charged the day after their arrival, and were chiefly
Englishmen.

Bath men, in answer to questions by Mr. King,
said that the treatment they had received all through
the contest, so long as they continued in it, had
been most unexceptionable. The conduct of the cap-
tain and other officers towards them was exceedingly
kind, and they had nothing to complain of except
the non-payment of their wages, amounting in the
one case to 221. and in the other to 201.

The LORD MAYOR-Mr. King, are you the agent
of Don Pedro, and did you engage these poor men ?
Mr. King—You must excuse me for not answering
the first question. As for the second, I deny that
I engaged them ; but of this I am convinced, that
if they were not concerned in the mutiny, they will
be paid every farthing they claim. Mr. Kilby en-
gaged them, and he is now in Portugal, but I shall
write to the Captain, and shall soon learn whether
these men were guilty of the disgraceful act of de-
serting the cause. There have been many gross
falsehoods told in the metropolis, relative to matters
in Portugal. The fact is, that the Admiral and
Colonel Hodges found it necessary to weed the mul-
titudes of all sorts who went out, and were actu-
ally obliged to send home all they objected to.
Those who remain are as fine troops as can be seen.
The persona whose services have been dispensed
with, have, in consequence of their disappointment,
made the most ridiculous and groundless misrepre-
sentations.

The LORD MAYOR—Do you believe the state-
ment of these two men ? Mr. King—l have no
reason to doubt it. The melancholy i!,cident of the
fall of the bomb-shell is correct, and such is the
case of the mutiny. I have no cause to dispute the
assertions of these men, one of them (the carpen-
ter) being, to my knowledge, a valuable acquisition
to the service. I can only say that I shall assist
them now, and interfere at once with the proper
authorities to get them their wages, if they have not
forfeited all claim by their conduct at the mutiny.
The LORD MAYOR said that Mr. King had done
great crtdit to himself by his conduct on the occa-
sion. He (the Lord Mayor) had considered him-
self justified in interposing on this occasion, al-
though it did not fall within his jurisdiction, be-
cause he was convinced that a Magistrate could do
a great deal of good in a line beyond the exact
limits of his duty.—The parties then retired.
G UILDHALL.

A stout young fellow, named Frederick Cooper,
was charged with stealing a great coat from the
shop of Mr. Smith, a silversmith and clothiei, in
Barbican.

Sir CHAPMAN MARSHALL committed the prisoner
for the misdemeanour of attempting to commit a
felony, the severance of the property from the fas-
tenings not being complete.