The Sun.
London, England, 1828-04-14 00:00:00

HUBERT V. HUTCHINSON AND OTHERS.

This was an action breught to recover the value of a
barge, with her cargo, run down by the ship Griffin, of
which the defendants are owners.

Sir JamEs SCARLETT and Mr. GURNEY" appeared for
the plaintiff, and Mr. BkotscitAx for the defendants.
Wm. Swayne, the master of the barge called the James
and Ann, stated, that on 13th March last, the barge was
coming up the river from Whitstable to Waterloo-bridge,
with a cargo of cement. The wind was N.N.W. The
barge was tacking up the river, and had just tacked about
abreast of the Chapman Sands, when the witness descried
the brig Griffin corning down on the barge in 101 l weigh.
Witness shouted out, and so did the other persons aboard.
The brig was attempted to be put about, but the helms-
man afterwards desisted, and the brig struck the
barge on the quarter, and she went down almost
immediately. The witness, his wife, who was in
the barge, and the mate were taken on board the Griffin.
Witness was decidedly of opinion that the brig might have
been easily so managed as to have avoided striking the
barge ; but that the barge could not have got cut of the
way of the brig by any exertion.
Several other witnesses were examined, who were
present at the accident, and they all concurred in stating
that the brig might have tacked or backed her sails, and so
avoided the barge.
The plaintiffs case having closed, Lord TENTERDEN ob-
served, that it was so very strong a case, he put it to the
discretion of defendant's Counsel whether he would go
farther.

Mr. BROUGHAM said, he was instructed by the owners
to let the Captain of the brig tell his own story.
Two of the seamen of the Griffin were then examined ;
but their evidence only corroborated the testimony of the
plaintiff's witnesses.
Under the direction of the COURT, the Jury theretbre
returned a verdict for the plaintiff. The amount of da-
mages to be left to arbitration.

OLD BAILEY.-(THIS DAY).
OLD COURT. _

In consequence of the execution of Catharine Welch, the
Court did not sit this morning until ten o'clock.
John Hanson was indicted for the manslaughter of
John Davies, in Gardener's-lane, Westminster.
It appeared from the evidence, that a quarrel took place
between the prisoner and the deceased, and that the former
struck the latter, upon which a fight took place between
them. They fought several rounds quite fairly, and the
prisoner more than once offered to give in and shake hands,
but the deceased refused. At length be fell, and died in
about three quarters of an hour, The prisoner showed the
greatest sorrow when he found his opponent to be seriously
hurt, and offered every assistance in his power.
The REconDER charged the Jury to find the prisoner
guilty, as having been the occasion of the death of the de-
ceased, but said that it was not a case which called for any
thing like severe punishment, for it appeared he was a man
of a peaceable disposition, and had done his utmost to stop
fighting before the fatal occurrence took place.
The Jury returned a verdict of " Guilty."
The RECORDER then sentenced him to be imprisoned for
one week in Newgate, and then discharged.
James Thomas Newton Baylis was indicted for steal-
ing two pistols, value 405., the property of Frederick Leo-
nard George Schweitzer.

The prosecutor deposed that the prisoner occasionally
worked for him at his residence in Exeter-street. Be-
tween twelve and one the prisoner was in the shop of the
prosecutor, and on the same day the pistols were missing'
He saw them at elm ea o'clock in his shop.
Henry Sutton, a pawnbroker, deposed to taking the pi,o'
tols in pawn from the prisoner betsseen one and two o'clOck
on the day of the robbery.
Au officer said, that when the prisoner was apprehended
he asked if the prosecutor got his pistols again it all would
be right?
The prisoner, in his defence, said, that he was about to
get a warrant for the prosecutor at the very time he was
taken into custody. The
witnesses against him were, he
contended, all perjured.
Mr. Cook, a cabinet-maker, gave a good character to the
prisoner for honesty, and also deposed that between one and
two o'clock he was at his house.

Another witness deposed that both the prosecutor and
the defendant were in his service, and the former had told
him that he had seen the pistols as late as two o'clock in
the day of the robbery.
The Jury returned a verdict of " Guilty."
The prosecutor then begged to recommead the pv4s9iler

to mercy on account of his wife and family, and aged
• mother.
The RECORDER said, that in consequence of that Cecna-
' mendation the Court would pass a lenient sentence, whith
would,. he hoped, make a proper impression upon the.pri°
soner., He then sentenced him to one months' imprison-
ment, and to be kept hard labour.
Barnard Benjamin and Samuel Benjamin, WereAn-
dieted for stealing a 10/. Bank note, the property of. George
Wheeler, out of the dwelling-house of the said Geotge
Wheeler.
'the prosecutor deposed, that he had a ten pound Bank
note on the 27th of March, 1827, in a small 'desk in his.
surgery. Having left his surgery for about fifteen minutes,
on his return he found it, gone ; did not know the number
of the note, but he had got it in payment of a cheque from
the Bank of Sir James Esdaile ; never saw the note again
until he ssw it at Worship-street; the drawer was locked
but the key was in it.
A clerk in the Bank of Sir James Esdaile, and an ap-
prentice to Mr. Wheeler, were examined, the latter
proved that he was paid by a ten pound note, and the
remainder in silver. He gave the 101. note he got at the
Bank to his master. The former witness deposed to
giving change for the cheque, and giving the 10/. note as
part payment. The number was 12,638, dated the 2d of
February. Has since seen the note. The number and
date corresponded, but witness did not take down the year..
Did not know whether there might not have been another
note of similar value and date in circulation at the tame
time.
The officer who apprehended the prisoner, deposed that
he searched the house, and foun l the 10/. note there with
other property.
The note was here produced, but the clerk from the
Bank could not prove it to be the note he paid for the Chequer
because he never took down the year, although he took
down the rest of the date. -
The RECORDER said, that the case here clearly failed,
and recommended that the bankers should for the future
take down the year as well as the rest of the date.
The Jury accordingly returned a verdia of Not Guilty.
Mr. Wheeler then asked what was to be done with
the note.
The RECORDER—Why, you say it is yours.
Mr. Wheeler—l do.
RECORDER—I can make no order about it. The con-
stable must give it to whoever he thinks best entitled to it;
The elder prisoner was again indicted for stealing a geld
broach and other articles, the property of John Pratt:.
It appeared that the shop of the prosecutor had been
robbed of various articles, but his wife being absent, there
was no proof that the articles produced had not been sold
by her prior to the robbery taking place, and the prisoner
was.therefore again acquitted.
John Davies, a respectable looking youth about 14
years of age, was indicted for stealing combs to the value
of 51., the property of Wm. Eroxup.
The prosecutor deposed that he missed the property in.
the evening, and soon afterwards the prisoner was stopped
and the combs found upon' him.
Another witness deposed to seeing him leave the shops
and also to bringing him back again, upon which one comb_
was found in his pocket and two others in his hat.
The prisoner in his defence said that a boy ran out of
the shop and dropped the combs, which he picked up, sod
was immediately taken into custody.—Verdict " Guilty of
stealing under the value of 5/."
The RECORDER then called him up fibr judgment, and
sentenced him to be transported for seven years.'