The Sun.
London, England, 1821-12-18 00:00:00

LAIIT lIITELLICIENCt

VICE-CHANCELLOR'S COURT, Dcc. 17•
ORD V. NOEL.
The Vic E-CIIANVELL na gave judgment this morning upon
the petition of thy plaintiff in this case, praying for leave to file
a bill oftreview.

The plaintiff had betonie PurChaSer of lands 'sold by the trus.
tees of the defendant, but having failed to obtain performance
of the contract of sale, he filed his bill in Chancery. His Ho..
nour refused to give relief, on the ground that the sale had been
improvident on the part of the trustees, who had sold in one lot,
instead of several lots, as advertised • and who had sold in the
face a a declaration by Sir Gerard !Noel, that the title would
not be made good. The plaintiff having purchased with the
knowledge of those acts of improvidence, had no title to relief
from a court of equity.
Application was afterwards made by petition for leave to file
a bill of review, on the ground that Mr. Middleton Noel had
confirmed the sale by acts to which he was cognizant. Those
acts were endeavoured to be proved by bonds and deeds
which were executed in the transactions with the house of Coutts.
and Co.
The VICE-CHANCELLOR said those documents did not in
the least alter his view of the question. He dismissed the"pe.
tition with costs.

COURT OF KING'S BENCH, DEC. 17..
Before the LORD CHIEF JUSTICE and a Special Jury.
HOUSE OF COMMONS PROSECUTIONS.
TEE KING V. GEO. PATRICK DUNN.

This was an ex officio information for perjury. At the last
general election, in the year 1818, Mr. Evelyn, Mr. Graham,
and Sir Walter Stirling, were candidates, for the borough of St.
Ives. Mr. Evelyn and Mr. Graham were the Members re-
turned, and a petition, charging bribery and undue influence,
was presented on behalf of Sir Walter Stirling. The petition
so presented was duly referred to a Committee, and the defend-
ant,_ in his evidence before that Committee, was guilty of the
perjury in question.
The gist, of the assignment was this :—The defendant swore
that, on a certain day, to wit, on the Ist March, 1818, one Mr.
Ilalse, an agent to the fortunate candidates, told several voters
" that there was no time to be lost, and that if they did not
vote soon, they would not get any thing;" and further that,
upon the same day, at or after a dinner given by Mr. Ilalseat
Ins house, certain voters applied for tickets, entitling them to
liquor at different public-houses in town, and received such
tickets. There were other points, also, as to certain expressions
said by the defendant to have been used by Mi. Graham.
To negative the above quoted assertions of the defendant,
witnesses were examined at very considerable length. The evi-
dence for the prosecution lasted nearly eight hours ; but its de-
tail was wholly uninteresting.
Mr. lIARRisoH, at half-past five in the evening, addressed
the Jury on the part of the defendant. The Learned Gentle-
man spoke for a period of two hours, and insisted that his client,
however mistaken as to dates, places, and precise expressions,
had not substantially deviated from ie truth : he might have
erred as to immaterial points, but there was no ground for
charging him with wilful perjury.
Witnesses were then called on behalf of the defendant, whose
evidence-lasted until half-past ten at night.
The ATTORNEY-GENERAL took an hour in reply.
The LORD-CHIEF JUSTICE summed up the evidence,
which in many points wascontradictory.
The Jury, after a few moments' consideration, found the de-
fendant—Guilty.
The trial altogether occupied the Court from 9 in the morn-
ing until half-past 12 at night.
The ATTORNEY-GENEUAL, the SOLICITOR-GENERAL,
Mr. LUNE, Mr. GURNEY, Mr. LITTLEDALE, Mr. AL-
DERSON, and Mr. SHEPITARD, were Counsel for the Crown;
Mr. Hmtitisoz; and Mr: PAIIEE appeared for the defendant.

COURT OF COMMON PLEAS, DEC. 17.
POLICY OF INSURANCE.
LUCKOCK AND OTHERS V. ELACKWALL.

Mr. Sergeant LENS said, that this was an action brought by
the owners of the ship Oramoctoo, upon a policy of insurance
to the amount of 6,0001. upon the vessel in her homeward voy-
age from Bombay to any port in the United Kingdom. He in-
formed the jury that the ship was a New Brunswicker, had
been insured as such, but, owing to the heavy effects of tern.
pestuous weather, which compelled the Captain to steer for
Maranham, it was found that the ship could not be adequately
repaired there, and the Captain liad'no alternative but to trans-
nut an abandonment, and sell the ship. Being at a loss to an.
ticipate the defence to this action, he should merely proceed to
call his evidence, and reserve hiins2lf for a reply.
Captain Richard Strickland deposed, that he was master of
the ship. She was built at -11rwel3rtinseitick, and was 400 tons
burden, made of black birch, pine, and another kind of wood.
She had been repaired and put in good condition at Liverpool,
and he sailed with her then to Bombay, which voyage she per-
formed very well. She stood at Lloyd's in A. 1. He returned
with he equally well to London in 1818; she was then char-
tered from Cork to St. Helena, with troops. Previous to that
voyage she was surveyed, and found in good condition. She
sailed quite well on the St. Helena voyage, and back again
to London in 1819. She was put into dock then in London,
and 300 sheets of copper put on her. He then went with a •
cargo to the Cape of Good Hope and Isle of France : on that
voyage she made some water in the stem, going out; it was
in the end of September, 1819; he had her calked and re-
paired at the Isle of France, in consequence; she was found
sound, and he carried her on to Bombay, where he arrived
in April, P 41., She was then much in the same state as in the
Isle of France; and had made a little water. There was no
time at Bombay to do any thing for her; nor was it necessary, as
they sailed from thence to Rio de Janeiro in May, in ballast.—
They met very bad weather near the Cape on the voyage
from Bombay to Rio, and the vessel laboured much, and still
made water; they reached Rio at the end of August. The
weather they encountered was such as to strain a sound vessel.
At Rio they stopped for two months, andstripped off about five
sheets of copper on each side, and calked her very sound ; they
did not examine her timbers then. They left Rio on the 4th of
November, with a cargo of sugar, coffee, and cotton: they met
bad weather on the 2d day after sailing, and it lasted then for
24 hours. They had subsequently a recurrence of bad weather,
and the ship made considerable water. About the 11th or 12th
of December, the leak increased from the severity of the wea-
ther, with a heavy sea, and the ship became so steamed, that he
was obliged to bear up on the 12th' to • Maranham, and arrived
there on the 25th. Going into Maranham, after they had a pi-
lot on board, the ship struck several times, the pumps were-
kept going, and some of them because damaged. He called a
survey of the ship-at Maranham, before the British Consul and
agent of Lloyd's ; she was surveyed twice, and declared to be
injured, so that it became necessary to take out her cargo, to
survey her a thitd time to ascertain if the planks were sound :
they were sound, and the leak discovered to be under the star.
board fore-chains, near the surface of the water, which would
necessarily be under the water when the ship was laden. The
leak was at a place where two planks met. There were no
planks found unsound, except one above the water consider-
ably, and abaft the fore-chains on the starboard side, which was
taken out. The leak could not have been occasioned by the
unsound place of which he spoke. The vessel could not be re.
paired at Alaranhame for she required to be heaved down.
Cross-examined.e.erks log was in Court with his owners ; he
had not read it of la* ,He knew the ship in 1817. Troops to
St. Helena were- a 14/S,V,loacl_fer a vessel. They had a fine
, outward voyage to litfenbity, notwithstanding winch they had
to pump the ship for a number of days : she made water
every day while lying at the Cape, perhaps eighteen inches
When at anchor in the bay. At the Isle of France her cop-
per was slipped down at• each. side about ten feet, and the
ship calked, during the fortnight they remained there ; she
made a little water after her cargo was discharged. When
he arrived at Bombay, thought she made water, he had no re-.,
pairs done. On the voyage back from Bombay to Rio, the
weather was very fine, but nevera;less the ship made above 1J
inches water, and they were obliged to pump ; they had, how-
ever; some heavy gales off the coast of Malabar : there was not
a single day from Rio to alaranhant in which they did not
pump, in good or bad weather.. It was because the leak in-
creased fast. that lie bore up to Maranham, though it was re-
commended by persons there, Who wished the ship careened,
and her keel examined: he did not say then " that her timbers
were as rotten as muck, and that if he kicked them they would
smother him with dust ;" but he did see some timbers rotten,
and had he ascertained that to be their state before, he should
'not have considered the ship seaworthy. Black birch was good
timber under the water, anst.not so above. Ile could not 'say
that the ship without her cargo ould have reached England :
it was,"howevere possible she might .have, made the voyage in
ballast. • •
Re-examined.-=Where the ship made the leak, the injury
was not material; the lower timbers were sound. It might
have been worth while to bring the shin home in ballast :
it might or might not have been effected in safety without
repairs. •
Wm. Hooper said, he was second mate on board the ship In
1819 and 1820. According to appearance, he thought her sea-
worthy ; in the outward voyage to India, she made a little
more water than ships ought to do, but not at all dangerously.
Ife 'then described,• as the former witness -had done, the sort of
weather the ship encountered on; the outward and. homeward
. voyages. _ •
Cross-examined.—He admitted that the ship made water
every day, but not dangerously. - On being shewn the log-book;
lie said it was very probable the ship did make 28 'inches of
water in a quarter of an .hour, . after they a ailed. from Rio, but

It was when the storms compelled than 16 bear up la Ma-
ranham.

Wm. Tom had assisted in examining the 'ship at Maranham;
'he found decayed timbers in her, but quite above water. He
did not think there was timber at Maranhp.na fit to repair her.
'He thought they took, in the result, under all the circumstances,
the best - course with the ship in selling her. He should have
"done so with a vessel of his under similar circumstances.
Cross'-examined.—The 'vessel was lying, when last he saw
her, at Niaranham, without her masts. ' Probably 'she might
haVe been brought home without a cargo, but lie thought it ra-
ther dubious ; he spoke without reference to the insurance. He
did not inquire at the place whether there was any such wood as
wouldsepair the ship so as to insure her voyage home.
Mr. Mitchell, the surveyor for rating ships at Lloyd's, said,
the ship Oramoctoo deserved the character A 1, in the books.
He surveyed her in November, 1818, and she deserved the
character he gave her for a year.
Mr. William Walker surveyed her for Lloyd's in 1817, and
put her in A I, which she would be entitled to hold for about
two years.

Mr. Hawk& examined her at Deptford, in November, 1813,
to see if she was fit to convey troops to St. Helena, and found
her to be a sound ship.
William Iles, of Blackwall; proved the calking of the ship
in 1819, and the fitting on some new copper.
Cross-examined.—There were no orders to examine the ship
generally, for a substantial repair.
. The repairs of the vessel in Liverpool, in 1817, were also
proved ; and different depositions put in and read, respecting
the condition of the ship both at Rio and Maranham ; and let-
ters from the Captain to his owners, describing the water which
the ship admitted while sailing in ballast from Bombay to Rio,
and intimating his intention to repair at the latter place.
Mr. Serjeant LENS, for the defendant, contended the vessel
was obviously not seaworthy when she sailed from Bombay ; for
by the 19g-book, and the Captain's own account, lie effected no
repairs at that port before he sailed from India, though his ship
had been leaky throughout her outward bound voyage in very
fine weather, and in a smooth sea. He also ridiculed the idea
that the hip could not have been brought home from Maran-
ham, if the parties did not prefer availing themselves, if possi-
ble, of the 6,0001. insurance. The Learned Serjeant concluded
'by stating, that he should call a witness to chew that the re-
pairs might have been made at Maranham.
Capt. Daniel Wilmott said, that he .neVer saw better conve-
niences for repairing ships than at NI aranham : lie had repeat-
edly seen vessels repaired there, and hove 'down : he had done
so to his own ship there,. and seen a sloop of war also refitted.
Mr. Serjeant LENS, in reply, contended that no part of the
evidence went to establish unseaworthiness when the ship act out
upon her voyage from Bombay. If, then, she were not liable
to the operation of such, an objection, the policy was 'valid, and
the plaintiff entitled to recover. .
Lord Chief Justice DALLAS commenced his charge to the
jury at half-past five o'clock. He observed, that the only main
question here for the jury was, whether or not the ship was sea-
worthy when she sailed from. Bombay ; and upon that point,
late as the hour was, he should have to read over the evidence
to the jury. The Learned Judge then detailed the evidence,
and left it entirely to the jury to say whether they considered a
vessel, which took in water so unusually, could be deemed sea-
worthy; and whether the captain had done every thing which
ought to have been expected from him, under the circumstances
in which he arrived at Maranham.

The Jury, after a few minutes' consultation, returned a ver-
dict for the defendants.

PRICK OF HOPS, per Cwt., Dec. 15. `
Pockets. I Bags-.
-Kent.. 21 UN a3l 18s a5l Os Kent .. 21 los a3l 10s a4l 13s
Sussex.. 2i 4s a3l Os aSi 8s Sussex 21 Os a2l lOs a2l 135
Esscx .. 21 145 a3l lOs a4l 4s Essex.. 21 10s 'a 81 Gs aSi Ifis-
- Farnham, fine, 71 to 101 os—Seconds. 41 10s to 71 is
• Old Daty'laid at 154;6(191. Ins.- Bid.

SEEDS. Dec. 17. .. .
Red Clover (Foreign) 305 4-1.,4. 55, 603 64.s.per cwt.
Ditto English
White ditto 5.1% 66s ;as to 64,
Rye-Gross ... —s 25, to 30s per qr.
Turnip Seeds. —; Oil 32s 40s to 44s pr. 611)0.
White Mustard Seed us 5, 9;10s
Brown ditto B, 10, 124 i 5s Od
•
Bed and Green ... =--s (Id to —4 cid
Carraway Seeds 64s to 66s—fine, ti7s
Coriander do los 13s 155 His

Cinque loin (NJ 385 tO 4is 041 per 9r.
Trefoil • per cwt.... lOs Itis to iis 9.4 i per cwt.
Ringrass

........
Canary ' per yr 45; 50s to 52s Odperqr.
Linseed
271 tcp 191 per Last. ,
Rape seed ..
Winter Tares 3s 4s to is Gd ver qr.

SMITHFIELD ALARKET.—Dec. 15.
(To sink the Offal—per Stolle of albs.) •
Beef 2s Od to 3s ad Veal
Mutton .... 4s 0(1 to 3s 4d I Pork is 13d to 4s od
Lamb Os od to Us od
HEAD OF CATTLE TIIIS DAY.
• 4,143 I Caives
20,610 I Pigs l5O

Beasts .
Sheep

NEWGATE AND LEADENHALL AIAtiANETS.
By the Carcase.
Beef is 8d to Ys 8d Vral 2s od to 4s 4,1
Mutt0n....... 2s Oct -to is 8d Pork ls 8d to 3s sd
Lamb, Os od to Os od.

_s'l'.-JAMES'S HAY MARKEI', Dec. 15. •
Hay.... 31 Os Od to 41 4s Oti Clover, .... 411.5 s to 41.101:
4s Od to 11 14s Gd

• SMITHFIELD.
Hay .. 31 5s Od to 41 oi Oii--Average, 31 lfis Od
Straw
Clover 21 lOs Od to 41 10s 00--Avvrage, 41 us Od

Wl4 IT Et.: AP EL.
Hay 3i 8s Od to 41 4s.od--Averagr, 41 6s od-
Nrw 01 Os 041 to 01 Os od-Arerage, ()I Os Od
Straw
Clover 4l Os 04 to 5! Os 011--Averagv, 41 10s u 4

• RAW HIDES.
. .
hest Heifers& Steers, per st. Oroinarr ..‘,9s 8d to 4s lOa
Ss 411 to 3s 64 Market Calf .. each .. 9s ud
Middlings 3s Od to 3s 2d Eog. Horse Us Od to Us Od

SHEEP
Polled
Dowin

SKINS,
Sheep ...., ad od .to .od-od
Os Old to God

PKIUE OF LEALiita.
Units, 50 to si;lhs- each per lo 21,1 to 22a.
Ditto, bti to 6611 s each WA to i4O
Dressing Hi6s l7d to toil i
Fine Coach Hides • liiid to 21,1
Crop Hides, 35 to 401bs for cutting i 7 /d to 134 d
Ditto 45 to 501bs
Colt tikins..:Xt to 40Ibs 24d to 30d
•
Ditto 5O to' 701bs esd to 35d
Ditto• 7O to 801 b; . 26AI to 294"-'
Small Seats (Greenland) ISd to 20d
•
Large ditto
'fanned Horse Hides l6d to t 31,1
Spanish Hone Hidei • 19,1 to 22d

PRICES OF TALLOW
Town 'fallow 41's Ot; —s Od
Yellow Russia 50s Od —s
llliite ditto .. •;--s 04!
Soap ditto,— 454 Oil —s Od
Melting Stull. 39s tut —s oil
Ditto Rough. . 25s Od —s Od
PRICE OF CANDLES, ',nom TALLOW CHANDLER'S HALL.
Price of Candles, per dozen, 9s Gil—Moulds, lls Od.
Gd per dozen allowed for ready money.

Sc. pot 1121 b
'fellow Soap
iktottled •
Curd
Graves
Good Drogs

805
9(i
94s
14i