The Sun.
London, England, 1827-10-29 00:00:00

LONDON, MONDAY EVENING, OCTOBER 29, 1827.

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, Ocr, 27,

WALE V. PHILLIPS.

This was an action on a policy of insurance. The
defendant pleaded the general issue.

The plaintiff was a farmer in the north of England;
principally engaged in agricultural pViOuits, but had
unfortunately become the proprietor of a ship called
the Welsingliettti, which in 1820 sailed from England
to South America. Previous to her sailing, the
plaintiff wished to insure her in the Pacific Associa-
tion, of which the defendant Nvas'a member, and ac-
cording to the rules of that society :she Was surveyed
and valued at 1,9501. A policy of insurance was
subsequently effected on her to the amount of
1,5001. Having arrived in South America, she
performed many 'coasting voyages, in -which she
received some damage, and was obliged to put into
some port in Lima, where she was put into a
thorough state of repair. This took place in 1823.
She then sailed to Guayaquil, where she arrived
February, 1824. It- was at •this.tittin that she was
taken up by the policy which: was to continue for
12 months, until February, 18.25. At Guayaquil
she Was engaged for freight by a Mr. Whittock, and
on the 18th February she left her moorings, and pro-
ceeded down the river, in. which is an island where
It is customary for vessels to touch, and the Captain
-of the ,Wahiinghwa-determined to'clo so, but in con-
sequence of the wind lulling the vessel came-agroand
on a sand-bank. Here she sustained so much in-
jury that it was absolutely necessary to have her. re-
paired before she would be . in a. fit state to perform
a voyage. to England; but owing,to -the unsettled
state of the country,it was almost impossible to ob-
tain workmen, and the Captain was almost destitute
of funds. In this situation he applied to Mr. Wit-
tock, who had freighted the ship, but he refused to
advance any money, and the • Captain, finding it
possible to put' the ship in a fit-state for a voyage,
-determined to sell her. She was accordingly put
up by auction,, and bought fora sum of 3401. only
by Mr. Whittock. Having obtained the vessel for
so small a sum, the Captain ' conceived he ought to
pay it, and applied to him for that purpose. He,
however, refused to do so, unless the money he ad-
vanced for freight was deducted t this the Captain
did not think .proper to do, and finding Whittock
would not pay the 3401., he refused to give up the
ship's reinter. Matters 'rested in this state for a feW
days, when -Whittock came on board, with some
Spanish authorities, for the purpose of forcibly taking
possession of the ship, with the register. To effect
this, they turned the Captain and his crew out of the
vessel, and man named Sawyers was put in command.
The Captain, however, still managed to keep posses-
sion of the register, but Sawyers, by direction of Whit-
tock, having
.got the vessel off the sand-bank, pro-
ceeded to sea, where she fell in.with one of his
Majesty's ships commiinded by Captain Mating, who,
finding her without any register or papers, thought
himself bound to take possession of her ; and he
accordingly seized iker, and having taken her into
port, sold her, and placed the proceeds of.the sale
in the hands of the Vice-Consul of Lima, to remain
till claimethby the proper owners. These were the
circumstances of the case, and the learned Sergeant
contended that as the loss arose from a peril of the
seas, the plaintiff had a right to recover the amount
of the policy.
The. Captain of the Walainghant, and several
other witnesses, proved this statement..

3 .111 r. Sergeant WILDE for the defendant, contended
first, that at the time the policy was effected, the
vessel was not sea-worthy; and, secondly, that sup-
posing her to have been sea-worthy, the accident
which occasioned the loss-was not of such a nature
as to bring it N%ithin the description
.of a loss by
perils of the sea.
The 3-Pry, without the slightest hesitation, re-
turned a verdict for the plaintiff-=Damages, 741. 7s,

LORD SELKIRK'S COLONY.

A correspondent has favoured as with the follow-
ing interesting account of the recent state of the
colony planted in North America by Lord Selkirk
about 20 years ago. It is not wonderful that we
seldoth hear of this handful of Scotsmen, who are
planted, like out-posts of civilization, in the very
heart of the immense wilderness of North America.
We are misled when we speak of them as settled in
Canada; for, in point of fact, the spot they occupy
is as far from the inhabited part of Canada as Stock-
holm is from Rome; and, if we take facility of corn-
inunication into account, Upper Canada is nearer to
England than tm Fort Daer•. .The site of the colony
is about the 50th degree of latitude, and the 97th of
west longitude; and it may be seen from the map
that it is nearer to the Pacific Ocean than to the
Atlantic.—Scotsman.
Extract from the Letter of a Gentleman who spent a few
days in Angtist last, at the Earl of Selkirk's Colony on
the Red River, Upper Canada :

" I spent four days very agreeably at Red River,
and was astonished to find the colonists so happy.
The flood of last year has been of advantage to
the place, All the tatters are now accommodated
much More comfortably than in former days, in
houses situated on elevated and healthy spots, far-
ther back than they used to be from the river.—
Houses in such situations are above the reach of the
ordinary spring floods. the overflowing of the
river last year prevented the colonists from sowing
until the 20th June ;• but, late as it was, they had
an -excellent crop of barley, and the return of the
enoughid hneofotrreipthene
potatoesto
be
e fit
f‘ovrasbrteoaledr,abblue; itrrgohet wfahreatd
frost to serve for seed. The buffaloes had all retired
to a great distance ; not 200 weight of flesh, nei-
ther dry or fresh, was brought during the season by
the hunters to the settlement. Nothing, however,
like starvation was felt at Red River; on the con-
trary, the apparent misfortunes caused by the floods
of last year, having compelled the colonists to look
to sources of subsistence hitherto unnoticed by them,
fisheries were established on the Manitoba and Wini-
peg Lakes, and at them were caught plenty of fine
thitneg. The fish from the former are the best I
have seeti of that fine kind of fish ; those from the
Winipeg are not so good, but would be considered
excellent, if compared with any of the numerous
varieties you have in Scotland. These lakes are 50
or 60 miles from Fort Deer, and after tracks were
made on the snow, the oxen easily hauled home the
fish on sledges and carts. By Christmas all the
colonists' had a sufficiency of food, and having abund-
ance of potatoes, barley, butter, cheese, and some
fresh beef, of their own feeding, the greater number
of the, colonists lived better than they had ever done
before. These Aisheries on the Manitoba and Winipes,
are an inexhaustible and certain means of supply to the
industrious colonists, who, even should their crops
fail, are thus in no danger of starving. It would be
good for the colony were the buffalo never to come
near it : for, hitherto, many of the colonist's, depend-
ing entirely on hunting for a livelihood, suffered
severely when the buffalo kept far off in the plains.
Their wheat crop of thiS' year has a promising ap-
pearance. If no accident occurs, there will be enough
of it to supply all the colonists for two years. Barley
and potatoes in great quantities were sown; but the
grubs have nearly destroyed all the former, and the
greater part of the latter. Tame black cattle now
swarm at the colony. Butter and cheese are made
in abundance. There are plenty of hogs and poultry,
and the Americans have contracted to bring the
colonists a thousand sheep this summer.
Before this reaches you, the result of the Land
Arctic Expedition will be before the public. I
missed Captain Franklin and Dr. Richardson, when
crossing the Winipeg, on their way to Canada; and
I did not see Captain Back with the rest of the
party; for, before my arrival at Norway-house, they
had left it for York Factory, to embark there for
Rngland, in the Company's ships. But the Esqui-
maux who accompanied them is here. He tells me,
that in the summer of 1826, the whole party em-
barked on Black Bear's Lake in four canoes, and
descended Mackenzie's River to the sea. At
the mouth of that river the party divided. Those
under the command of Captain Franklin pro-
ceeded to the westward, along a dangerous coast.
They saw great numbers of Esquimaux, who be-
haved in a very hostile manner, and but for the Es-
quimaux who accompanied them, the whole party
would have been cut off. Ice end hard gales often
retarded their voyage, but the constant fogs on that
coast were the greatest impediment. At the farthest
point they reached, the fogs detained the party twelve
days. Captain Franklin was there informed, by
some Esquimaux, that the coast a little farther on
was bold, and that six or eight days paddling would
bring them to settlements occupied by men with
long beards. These men are undoubtedly Russians,
and the settlement must be to the westward of Icy
Cape. Captain Franklin, however, was obliged
most reluctantly, to return to Mackenzie's river.—
During their journey and voyage, they were
plentifully supplied with rein and. moose deer. Cap-
tain Franklin and his men got safe back to Black
Bear's Lake, at which place Dr. Richardson and his
party arrived nearly about the same time. The
Doctor had successfully explored the coast east from
Mackenzie's to Coppermine river. After ascending
the last river to a very considerable distance, he left
his canoes and,crossed the country to Black Bear's
Lake. Captain Franklin is of opinion, that it is
possible for a vessel to pass from the Pacific through
Behring's Straits, on the Mackenzie's River, and
thence to Melville Islands. His intention is said
to be to ask Governnient for a vessel in which he
will attempt it."—Edinburgh Observer.

GFIOSTS.--These beings, as winter approaches,
are becoming excessively troublesome to the peaceable
burghers of the High-street. On Sunday se'nnighf, a mob
of at least 500 persons, collected at the head of Stevenlaw's-
close, to witness a most spectre-like figure, arrayed in white,
Walking about a room in one of the houses. Unlike other
ghosts, this one had a shadow, which being 'reflected Orlon
a wall in the room, had a most dismal_ effect. The mob
were §0 penetrated With horror, that they contemplated
the spectre in the profoundest silence, until it extinguished
the candle it carried ; and then they withdrew: On Wed-
nesday night, a still more terrific spectre appeared in Mr.
Mitchell's house, tip the common stair, 166, High-street.
Soule nights Previously,, it had
.disturbed, the family by
vafititis dreadful noises ; but on thit particular night, only
the two servant-maids being at home, one of them had Oc-
casion to go into a room off the kitchen, when she ob-
served, gliding before her, a tall, gaunt, and unearthly
figure, much resembling a certain lank hosier, which howl-
ed as if in the utmost agony, both of mind andliotlyi Away
she flew down stairs, followed by her companion ; and,
in a paroxysm of terror, they burst open the door of a neigh-
bour, a respectable sblicitorl who was, so math alarmed by
their distraught appearance and piercing erica, that he hid
himself under his bed-clothes. From the solicitor's, they
hurried to Mr. Menzies' coffee-room beneath, where they
.were kindly: received, and remained for tho night. The
.whole neighbourhood was thrown into commotion, in the
persuasion that a fire had broke out ; and familieS were
preparing to ;remove their furniture. One individual, in
''particular, brought a portable fire engine to the spot,
which he plied up the common stair with such vigour as
'threatened annihilation both to the ghost and the solicitor.
The police was sent for, and, as usual, a mob collected ;
but no one, that night, ventured to enter the haunted
premises. The following night they were taken possession
of by three stout-hearted policemen, who kept a watch till
*the morning ; but nothing occurred to them to exercise
their courage: We regret to learn, that the health of the
girl who saw the apparition has been very seriously affected
"by the fright.—Edi4urgli Paper.