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-Ist. 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. Billanit, 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 Cette on
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 pumps, with in-
structions, to report any increase in the leak. On the'
10th the vessel passed the Straits of Gibraltar, and on
the 12th the man in charge of the pumps reported that
the water had increased. - On the 18th, attwalve miles
distance from the Point of Roquette, 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 fire in
the cargo. This suspicion was., confirmed on the 19th,
and two of the crew, whilst endeavouring to trace the
precise localitylof 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 Rosas, 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 into it, but the cap-
tain, 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 Prance at' Roses.' On
the 21st of November Mr. Kent, who had insured the
vessel fOr .46,000 f. with the Companies of the Assur-,
antes Generales, Orleanaises, Lloyd Francaises, 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 bara-
try,. which deprived the owner of all right to compensa-
tion. • Mr. Kent, under the advice of counsel, coin-.
menced a suit against the insurers before the Tribunaf
of Commerce of Paris, who, giving to the articles 353
and 216' of the 'Code of Commerce an interpretations
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. M. Billault, having stated the case, was proceeding
to show that the decision of the Tribunal de Commerce
was contrary to law and equity, when 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. RUTHVEN' THE OLD BOW.STREET
OFFlCER.—Yesterday, at a quarter to eleven o'clock, Mr.
George Ruthven, ens of the old Bow-street officers, expired
at • his residence, the One Tun Tavern, Chandos-street,
Covent-garden, aged fifty-two years. He was the oldest
and most notorious of the few remaining 13°w-street runners,
among whom death has latterly rnade such ravages, and was
considered as the most efficient police officer that existed
duringhis long career 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 and Prussian' Governments, for his services
In discovering forgeries to an immense extent, connected
with those countries. Since 1839, he has been landlord of
the One Tun Taveni, 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-
, tipirlicy, in which daring enterprise Smithers
_was killed;
the taking of Thurtell, the murderer of Mr. Weare, and the
cfiscovery-Of bank robberies and forgeries on Government to
an enormous amount. • He was a most eccentric character,
and had written a history of his life, but would on no account
:allow. it to meet the public eye. During the last three
Menths, no less than three of the old Bow-street officers,
.pamelyiGoodson, Salmon, and Ruthven, have paid the debt
IKur..e! . •