The Sun.
London, England, 1844-08-09 00:00:00

LAW versus JUSTICE.

A case of some interest to mercantile men was re-
cently decided, in the Court of Session, at Edinburgh,
the particulars of which are briefly as follows :
Two merchants, of this town, shipped a cargo of
iron, at Newport, Monmouthshire, on board a vessel
bound for Quebec. About three-fourths of the cargo
belonging to one and one-fourth to the other. Ac-
cording to the protest, " the vessel, while proceeding
on her voyage down the river Usk, came to the ground
among stones, and took a heavy list almost on
her beam-ends. Next flood she righted, the
pump was sounded, and four feet water found
in the well. Got a kedge run out, hove the vessel off
a few yards, when the kedge came home. Let go
the small bower-anchor, but it did not bring the
vessel up. She again took the ground and lay fast,
all exertions to get her off proving unavailing : hove
up the anchor and found that one of the flukes had
broken. A survey was held on the vessel, and the
cargo ordered to be immediately discharged ; extra
hands were employed to bale and pump out the
water, and they succeeded in getting the vessel into a
place of safety, where they scuttled her to let the
water out."

It is usual to insure iron and other heavy goods
" free of average, unless general, or the ship be
stranded." In the present instance the shippers
claimed as for a strand, which was instantly allowed
by the London underwriters, with whom the smallest
portion of the cargo was insured, the larger portion
having been insured in Glasgow, where three-fourths
of the underwriters, in value, also admitted and paid
the claim, upon a certificate of the late Mr. Lorimer
that it was a strand ; but the remaining underwriters,
who represented 4001. on the Glasgow policy, re-
fused, on the plea that the vessel was not stranded.
A suit was instituted against them, and the case tried
in an inferior Court ; and after various appeals from
decisions there, all of which were in favour of the de-
fendants, the verdicts of the Courts below have re-
cently been affirmed by the Supreme Court against
the plaintiff, with all costs.
The Lord-Ordinary pronounced his decision "not
without hesitation." Three of the upper Lords con-
curred that there was no strand, but Lord Moncrieff, one
of the ablest judges on the Bench, " was inclined to
hold that that the vessel was stranded," at least, when
she took the ground on the second occasion.
The plaintiff in the case considers he has gone far
enough, although he sees no reason to be satisfied
with the justice of the decision. He apprehends that,
were he to appeal the suit to the Privy Council, and
gain it there, he would be a farther loser ultimately.
The intention in giving publicity to the matter is,
that merchants generally may be aware of the risk to
which they are exposed in shipping iron at Newport
or other places in the river Usk, the defendant's plea
having been based on the fact that this is a tidal river,
while, as underwriters, they absolutely demanded and
obtained a higher rate of premium for alleged addi-
tional risk.

MONUMENT TO THE POLITICAL MARTYRS.—We
observe with much satisfaction, by an advertisement in
to-day's paper, that an admirable site for the monument
to Muir, Palmer, Gerrald, Skirving, and Margarot, has
at last been obtained on the Calton Hill ; and that the
foundation stone is to be laid by Mr. Hume, M.P., on
Wednesday, the 21st inst. To the 3001. originally contri-
buted to the Edinburgh monument by the London Com-
mittee, 3001. more is to be added from the same source,
in consideration of the conspicuous site which the Edin-
burgh Committee has been so fortunate as to obtain ; so
that the monument will probably be raised nearly 120
feet high. From the North Bridge, the Mound, and
many other places, it will be seen to great advantage,
towering above every monument or building in its
vicinity, the symbol of the victory of liberal principles
over the old Tory persecuting spirit—the triumph ofj us-
tice over injustice. The foundation of such a monu-
ment should not be laid in silence, with none for attend-
ants but the members of the Edinburgh Committee.
Every citizen who loves liberty and detests persecution
should be there ; an oration should be pronounced by
some able and zealous Reformer ; and the occasion
should be improved in every possible way to advance the
cause of freedom, civil and religious.—Scotsman.

v~
The
Gloucester Musical Festival is fixed for the
24th, 25th, 26th, and 27th September. A guarantee
fund has been raised.

Sir John Guest, Bart., M.P., has lately received an
order from Russia, for 50,000 tons of iron, for the pur-
pose of being employed in the construction of railways.
SCARCITY OF CLERGYMEN.—The clergy at Ox-
ford were so scarce in that city on Sunday morning last,
that not one was in attendance to perform the service in
the morning at the church of the populous parish of St.
Clement's, and consequently a large congregation, after
having waited half an hour for his reverence, was obliged
to leave the church, not the least mere edified by their
long sitting.
FATAL ACCIDENT AT LONDON-BRlDGE.—Yester-
day Mr. Payne held an inquest at the White Lion,
Talbot court, Gracechurch-street, on view of the body
of John Tibbs, aged twenty-nine, a cooper, residing at
No. 14, York-street, 'Commercial-road, who was
drowned off London-brillge Wharf, by falling off the
temporary pier for the passage of persons to steam boats.
It appeared from the evidence, that on Tuesday evening
about six o'clock, the deceased was sitting on a bridge
on the south side of London-bridge, that formed a com-
munication from the wharf to a lighter. He was appa-
rently in a state of intoxication, and swinging backwards
and forwards, when he suddenly fell into the river. Ile
was got out with the drags in about five minutes, and
was taken to Mr. Fuller's, surgeon, King William-street,
who used the usual means to restore animation for above
half an hour, but without effect. Verdict, " Accidental
Death."

STATE OF TRADE.—Our market is still firm. In
yarns there is a good business doing, and for such as can be
delivered immediately rather higher prices are obtained ; but
most of the spinners are stated to have little on band. In
goods, too, the demand continues to be extensive, with some
tendency upward, especially in 7-Bth printing cloth. For
40-inch shirtings the lower prices current before the arrival
of the Indian mail are offering ; but sellers are generally firm,
and show no disposition to submit to this reduction ; and, on
the whole, very little business is doing in goods for the India
market.—Manchester Guardian, Aug. 7. . . .

ANOTHER MONSTER TRAIN.—A special pleasure
train of the Manchester and Leeds Railway left Wakefield
for Hull on Monday last, consisting of ninety-seven carriages,
with the extraordinary, and we believe unprecedented, num-
ber of 4,000 passengers, composed of the "Ancient Order of
Foresters," other lodges, and their friends. Not the slightest
accident occurred, and the parties returned at night within
half an hour of the appointed time, the whole highly de-
lighted, and grateful for a cheap and pleasant trip.
HOP INTELLIGENCE.--CANTERBURY.-1 he weather
of the past week has been very squally, which has
proved injurious to the hops, by the winds bruising the
bine, and shaking the burr off, as well as the cold re-
tarding the advance of others. The duty has, conse-
quently, receded. It is to be hoped that a succession of
fine weather will retrieve the apparent injury. General
accounts speak of the extensive damage occasioned by
the high winds and cold wet weather, some grounds
being strewn with burr, the poles broken, and a depre-
ciation to the extent of full 30,0001. in the duty.—
Kentish Observer.

- -
CHINESE EPICURISM.—Dogs are fatted and eaten
in China as a delicious food, and are always found at the
tables of the great. Horseflesh, rats, and mice, are stan-
dard articles of food, and sold publicly at the butchers' ;
a fact which reflects credit on the taste and good sense
of the Chinese, for there are not more cleanly animals
than those existing. Bird's nests are another article of
food ; but neither mud nor sticks enter int) their com-
position. The nests are found in the rocks along
the coast of Tonquin, &c., &c., and are built by birds
resembling the swallow. They are constructed, as is
supposed, of a small species of sea-fish, cemented by a
glutinous matter exuding from the bird itself; and when
usually formed resemble the rind of a large candied
citron. Bear's paws form another favourite dish. They
are rolled in pepper and nutmeg, and dried in the sun.
When about to be dressed they are soaked in rice-water
to make them soft, and then boiled in the gravy of a
kid, and seasoned with various spices.—Frosn Captain
Piddiny's Chinese Olio and Tea Talk, No. 15.
lAN ELEPIIANT AUCTION.—A number of persons
were attracted to the St. Katherine's dock-house on
Tuesday to see "Tom Thumb sold by auction." This
novel kind of lot turned out to be an infant elephant
just arrived in the John Bartlett, East Indiarnan, and of
such miniature proportions as to have received the above
popular cognomen. He is of the highest caste, is
only twenty months old, and probably the most dimi-
nituve example of Isis colossal race that has yet reached
this country. It was purchased by Mr. Warwick, the
late superintendent of the Surrey Gardens, for'the new
Zoological establisbment at the eastern part of-London,
near the new Victoria park.