The Sun.
London, England, 1844-03-27 00:00:00

A DIFFICULT CASE.

A case of. considerable interest' to mercantile men
came before the Cour Royale of Paris 'on Wednesday.
The questions involved are—lst. Whether the impru-
dence of the captain of a vessel constitutes baratry on
the part of the owner, and deprives him of the benefit of
his insurance ? 2d, Does a captain, who continues to
navigate when a fire has broken out in the vessel and a
port is near which he could reach, commit a fault which
releases the insurance-Office from' all responsibility ?
The facts of the case, as stated by M. Billault, the
Deputy, counsel for the plaintiff, Mr. Kent, an English
merchant, residing at Boulogne,• sur-Mer, are as follow:
—The brig Sylvain, of 124 tons, the property of
Mr. Kent, commanded by Captain J. Baclin, and with
a crew of seven men, after having taken on board at"
Boulogne a cargo of coals, left the port for Cotte.
the 26th of August, 1842. On the 3d of September'
the captain .had the pumps examined, and, having dis-;
covered that the vessel was making more water than:
usual, placed a man in charge of the iumps, with in-
structions to report any increase in the. leak. On the
10th the vessel passed the Straits of dibraltar, and on
the 12th the man in charge of the pumps reported that
the water had increased.' On the 18th, at twelve miles
distance from the Point of Eoquette,,he stated that the
water had become warm, and upon this report the captain
ordered a, general examination to be made as to the
cause. One of the crew having gone down into the hold
was nearly overpowered by the heat, and then, for the
first time, it was suspected, that the water from the
‘leak had caused fermentation
_and produced. Are in
the cargo. This suspicion was confirmed on the 19th,
and two of the crew, whilst endeavouring to trace the
precise locality of the fire, were suffocated by the smoke.
On the 21st the smoke poured forth in volumes;
and the crew, got ready their clothes and a quantity of
provisions, preparatory. to their escape. On the 22d,
the captain steered for the Bay of Roses, about eighteen.
miles distant_; but he was unable 'to reach it., and on
the same day the fire made a vent, and burst, forth in
flames. The captain and crew, finding all the, efforts to
check the fire useless, resolved to abandon the vessel, as
the only means sf saving their lives. and launched their
boat in a heavy sea. The crew got it, but the cap:
tab], unwilling to desert his vessel whilst even the most
slender hope existed of saving it, remained on board
until the fire had gained' such a height, that to have
stayed an instant longer would have been
death. He then got into the boat, and, having reached
the shore, reported the casualty to the adjutant
of marine of the village of Lastardit, by
whom, as well as by the captain, the facts were
laid before the Vice-Consul of France at Rosas. On
the 2 istof. November. Mr. Kent, who had insured the
vessel for 40,000 f. with the Companies of the Assur-
ances Generales, Orleanaises, Lloyd Fraficaises; the
Union des Ports, and the Avenir, reported the loss
and demanded payment. . This was resisted on the
ground that the captain had not exercised 'due judg-
ment, and that his conduct: constituted an act of bare,-
try, which deprived the owner of all right to compensa-
tion. Mr. Kent, under the advice of counsel, com-
menced a suit against the insurers before the Tribunal
of Commerce of Paris, who, giving to 'the articles 353
and 216, of the Code of .Commerce an interpretation
unfavourable to the plaintiff, delivered judgment for the
defendants. Against this, judgment Mr. Kent, has ap-
pealed, and the Cour Royale has to decide on the ques-
tions stated above, and which are of great importance.
for, if the decision of the Tribunal de Commerce should
be confirmed, the owner of a vessel will not only be held
responsible for his servants, as,far as regards the neces-
sity of their using every, effort to- prevent the loss of his
vessel, but also for their judgment as to the means to be
employed, a doctrine which has never before been set
up. Billault, having stated the case, was proceeding
to show that" the decision of h
the Tribunal de Commerce
was contrary to law and equity, wen the President ob-
served that there was another cause on
,the list which
had priority, and postponed the further hearing until
----- Wednesday next. ' • ,-. • .

' DEATH OF MR. RIITHTENi THE OLD BOW-STREET
OFFlCER.—Yesterday, at a quarter to eleven o'clock, Mr.
George Ruthven, one of the old Bow-street officers, expired
at 'his residence, the—One Tun Tavern, Chandcis-street;
Covent-garden, aged fifty-two years. He was the oldest,
and most notorious of the few remaining Bow street runners,
among whom denth has latterly made such ravages, and was
considered as the most efficient police officer that existed
during his longcareer'of usefulness. He was for thirty years
attached to the police force, having entered it at the age of
seventeen, but in 1839 he retired with a pension of 2201. per
annum from the British Government, and pensions likewise
, from the Russian andPiussian Groyernments, for his serviees•
in discovering forgeries to an immense extent, connected
with those countries. Since 1839, he has been laridlord,hl
the One. Tut). Tavern, Chandos-street, Covent-garden, and
has visited most frequently the' spot of his former active
associations. He was taken ill on Thursday morning, and
did not rally from a paralytic fit except a little on Saturday
evening. ' Among his. many notorious captures may be.
'reckoned those of Thistlewood,:* for the Cato-street cOn--
piracy, in which daring enterprise Smithern was killed,
' the 'taking of Thurtell,'the murderer of Mr.Weare, . and the
discovery of bank robberies and forgeries on Government to
a,tre,norous iinount: He was a most eccentric character,
Rad written a history of 4i.4 life, but would on no account
it to meet the public eye. During the last three
months no less than three .of the old Bow-street officers,
narriely, Goodson Salmon, and Ruth en, have paid the debt
rof _ •

.