The Sun.
London, England, 1842-01-29 00:00:00

QUEEN'S BENCH,-(THIS DAY.)

IN RE SAWYEB.
4. This was an application to take an affidavit of the de-
'endant an attorney of the Court, off the file, and for,
which a rule had been obtained in the course of the pre-
sent term.
The Attorney and Solicitor •Generals were heard to.-
clay against the rule. The application was founded upon
some alleged irregularity in the conduct. of "Mr. Sawyer,
Ivith respect to the management of a suit at law, but the
'facts were of no public interest, anti were naturaily of an
ea parte nature. ;
The arguments of counsel were not concluded when,
we went to Press.

GAIL coURT.—(THIS OL-y.)
Lx
PARTS THE GREAT WESTERN RA.LI
collr• TALBOT, on behalf of the Gr .:-..c AY COMPANY.
e:at Western Railway
34:1,P,a,,t1Y, applied for a certlora::,
theJi.,..b.Corouer of Berkalo:T,
, .
bsaodidyiitt i9tnionaltil.'
ii,a,,,,":latttiou held by directed. to Mr. James
to return into this Court
li;un.on the body of Charles Wil-
'll 27th Dec. last, in order that the
alight be quashed. The person on whose
mate N-111.-Illest had been held was one of those unfor-
the d„,.'" -rson3 who had been killed in consequence of
jr,, i,:beevi.i:rertintdt4ifiul,:ltgiaiscycaiyd.eiinit which had happened on the Great
consequence of the slip in the Son-
A on 25th Dec. last. An inquisition bad
641' - vcrihel" on the body, and the Jury had returned a
:C- the! let of accidental death with a deodand of 1,0001. on
a. tlidinertgine. Now, upon the face of the inquisition, it
that " aPPear that the coroner had any jurisdiction; on
thiilseritgito:eacilmauloinsiet,ionhe, apprehended he was entitled. to
tifili e, but there were several other grounds of objec-
which he contende. was bad upon
~,alice of it.--Rule nisi granted.
—r' QUEEN V. THE GREAT WESTERN RAILWAY
Mr T COMPANY.
in tic TALBOT again applied for a certiorari to return
It .Is Court the inquisition held by the Coroner of
ettoin
who 1, g , on the body of Richard Woolley, at Reartllg,
ttecid'ad also met with his death in consequence of the
l'etuoevlit at Sooning, but who before his d.nth had been
was „-"Ato Readir-: In this case it appeared that there
etilletir7ier-cy 'Of jurisdiotiotk on the part of the
°lle, 4,47..tiCe WILLIAM°, as the case was a doubtful
'erred the Learned Counsel to the full Court.

XCIIEQUER.—(THIS DAY.)
JEWISON v. DYSON..
PrOcered, 411 INGER on entethig the Court this morning
re; "t 1 to giie judgment in this case, which had been
ilueZverel days argued before their Lordships. The
'creat!eei he said was, whether the words of the charter
rida.atg the Duchy of Lancaster were ,ifficiept to 0.4,1
l'orzQr t° aypoint a person to perform lie ttntteet of Co-
the
„,withinwi the Duchy. It, was cle,ar ers"-)m the words of
be givter that it was intended awl a power should
the n„ea. Ile would not enter tlpon that occasion into
not -1-,estion, whether the offir,e of Coroner was or wah
be str; , 4judiejal one—he wt.,- not inclined to think it could
yse,Ltly
th am that it was such an office—but .in any
the e ere Was no reason, in his opinion, for saying that
tediseri(l)wn could not 'zlelegate its right to another party
tz3lehehasilag the tb:lties of a Coroner; and the words of
aP.V...ared to him to be sufficient to justify
;e1 fOr thal)r,iritment. It had been observed 137 the Coon-
'aresto.-''a defendant that the statute 28th Edward
cot,- ',A freeholders of counties with a right to appoint
t'4
el4hilers. But that statute had been passed subsequently
ih Citharter establishin the Duchy of Lancaster, and
4.sjl-11,04 not consecitentlygaffect it. There was certainly,
ere; - been statetl, a want of judicial proof that the
that 1::: bat ever appointed a coroner in.the.Duchy. But
bege as not to be wondered at, considering how very
verle? tIY the records of the Duck/ had, at least until
as tecent period, bees kept. Those records were,
1.411.. T had
occasion to know, ?!rattered about. Some of
le tl 'were to be found in the Court of Chancery, some
wtrl,e Court of Exchequer, and there were others whicl2.,
tl~refPerhaps traceable at all. It appeared th him,
tirm,me 're, that, there had been nothing adducted in the
' 411 id b f-or the defence, to invalidate the appointment
, 4114 Y the Crown in right of the Duchy of Lancaster;
tliP 'lcier these circumstances, seeing that the words of
I --eharter were sufficient to invest the Duke of Lancas•
ri.,,ht7u the right to appoinkcoroners, and that such a
Ita,% be vested in the Crown at 4.'ne time the charter
di ea framed, ho was of opinion that they could not
fozfcub2etht vgeertdiilcetrouflet.he Jury, and they should there-
, thief c other Judges concurred 'in opinion with the
Co

'IVIMON PLEAS.—(THIS DAY.)
BORODAILE V. HUNTER AND OTHERS.
)11,c 'US Was an attion on a policy of insurance for 1,000/.,
113 V the life of the Rev. Mr. Borodaile, who was alleged
hithe ,4
r,„ ---,efendants to have committed suicide by throwing
ti;se,lf into the Thames from Battersea-bridge, and
ditpoY forfeited the insurance; it being expressly eon.-
tbe'(?ned in the deed that the policy should be voided if
'eat, Insured
-came to his death " by his own hand." The
was tried at Guildhall, before Mr. Justice Erskine,
th41„1: it Nvas contended for the plaintiffs, first, that
• thr, '7" was not sufficient proof that the dee-tased
himself into the river ; and, dly,
t'4l eve]. if he did so, that was notsecon suicide
in
,„the meaning of the policy, ix: in law, as the unfortu-
;.4te gentleman, who had.-attfered- shortly before some
„2'.' pecuniary losses, was not in a sound state of mind,
the time of the act. The Court left it to the Jury to
'O,
3' whether the deceased was insane at the time, and if
Polio _ !.hey would find for the plaintiffs, as in that case the
notwithstandin„; the express words of the condi-
-41,°,,n, would .not be voided, the insane not being responsible
bb„e",sts• But if, on the other hand, they thought thee
h'e°f.°l of insanity not sufficient, they must find Tor th
a erapts, The Jury were not able to agree to
cv,;ll2.nt; that could satisfy the Court or the
L'lset on either side ; for they would go
than
further to determine the question of sound mind,'
say that the " deceased voluntarily.. threw
pl'ilialttlltitek'nohwaniriegshtwith intent to ett7,l;:oy life, but that he
di •
rim Wrong at the time." To'save the
koffronl Ccening down to a new trial upon the arnbi-
nYo, this l'erdict, it was agreed, on the recommenda-
-17,,,„en(! the Court, that a verdict should be taken for the
ri,.,lfants, with leave to the plaintiffs to Move that the
• sh(1111 he entered for them, so that the Court
• •..-ther the find-
- •
:,,nn.,
Sir T. WILDE this dm,
•
tallied a rule nisi. moves( aec04.... 444.1
y, and ob-

- • -
(Sittings at Nisi Prius, at (ittiiahakt, befeite 4.tigiee
CRESSWELL and Conirder. Xtiry.)
SOWERS 'v. ti`ztih.
ire plaintiff is a smith, the defendant a confectioner
or cook in the (.;'mmercial-road, and this tftion was
broug4lt la) recover 84, as 41 rttte agreed for an
WY-4h made for the latter. -.the 'defctice was that the
oven did not alittiir. To this there was a ram
placation that the defect was occasioned' by i';nproper
setting, the defendant having e3nriroyea his own brick-
inyer instead of allowina tare plaintiff to complete the
work.—Verdict fQr the plaintiff:

HURRICANE IN THE BRISTOL

CHANNEL. ---
BRISTOL, FraDAvv—The Mercury cutter was towed
into this port last evening by the Countess Pembroke
steamer, having had a most miraculous escape from total
lots in the tremendous hurricane of Tuesday and Wed-
nesday last.

The Mercury cutter Is a tender to the St. Vincent,
now lying at Portsmouth, and she sailed from this port
on Saturday last,. to take some supernumerary seamen
for her Majesty's ship the Queen, now lying at Spithead
for orders. The following is the account of the occur-
rence given by Captain Starlett, who is an acting second
master in her Majesty's service :—On 'Wednesday last,
the 2601 lust., the cutter was lying-to about thirty miles
west of Lundy Island, under a close reef try--sail ;this
storm jib, in a heavy sea, the wind blowing a gale from
W.N.W., when a tremendous 4-eit tOok her, which wash-
ed' away her main-sail, the companion and the boat off
her deck, She went down on her beam-ends, and
was immediately half filled with water. The bal.
last in the hold was shifted,. and broke up the
lower deck, and the whole of the creVv; sik ((careen, who
were on deck, were washed overboard, and tv. o of them
were lost ; the other fVut recovered the ship. As soon
as the confusion *calla admit, they set about cutting
away the boom and the gear, working the pumps, and
baling the water, and by these Meths the ship was
righted. When they came to muster the hands they
found that out of the twenty-two supernumerary sea-
men, who were below in the hold, together with Mr.
Molesworth, mate of the Queen, and M.r.. Francis Peel,
nephew of Sir Robert Peel, who Intil charge of the men—
it was discovered that twO bi the unfortunate men were
killed,-and six ethUs wounded, one of them having his
right leg And left hip broken, and who is now in the in-
firmary. As soon as she was rightedl the was put right
before the wind, and fortunately made the Bristol Chan-
nel and anchored in rennarth Roads, about half-past
five o'clock the lbllowing morning. They were proceed-
ing on to Bristol when they fell in With the Countess
Petuhroke steamer, and were towed by her up to Bristol,
where she arrived on last night's tide (Thursday).
This afternoon an inquest was held on the bodies of
the two supernumerary seamen, Alexander Mackay and
Jatuos Reed—who are lying on board the cutter, in
Cumberland-basin—before J. /1 Grindon, Esq., Coro-
ner fur this city.
Mr. Montague Trevor Molesworth, mate of her Ma-
jesty's ship Queen, deposed to the above facts.
Joseph Hollis, one of the supernumeraries, deposed
that he and the other supernumeraries were lying down
at the time of the occurrence, as the sea was too rough
for them to stand up. -Mackay's (the deceased's) head
was on witness's feet, and Reed was lying close by on
the leeward side. He (witness) was the first to get out
of the hold by the companion way, and in two or three
minutes the cabin deck was forced up by the water tank,
which was full of water, and by the-bars of pig iron,
used as ballast, weighing about half a hundred weight
each, and which were underneath the cabin floor. As
soon as a light was procured they found Mackay dead
and cold in amongst the ballast, and he afterwards saw
Reed dead in the cabin.

Joshua Newman, one of the seamen who was washed
overboard, also described the accident ; and in reply to
questions from the jury stated that he had been a sea-
man twenty years, and in his opinion no vessel was ever
managed better. The witness also said he should never
forget the conduct of Mr. Molesworth, to whom he
thought the survivors were mainly= indebted for their
safety.

M. J. B. Prow se, surgeon to the Admiralty for the
port, deposed to the death of the men being in all proba%
bility caused by such occurrence as the witnesses dentribed.
The Jury immediately returned a vertilet of " Acci-
dental Death."

The recent dreadful weather naturally causes consi-
derable apprehension for the safety of other vessels, and
several small craft have been picked tip disabled: A
notice at the Commercial Rooms is the following t—
" The Captain of the Billow reports having seen a
vessel bottom upwards, and a large quantity of wreck bit
the Foreland, near the Nays S'anils.
I am sorry to say that the Shamroeky belonging to the
Bristol General Steam Navigrtion Company, which
sailed from Dublin on Tticsttay last, has not yet been
heard of. Fier usual time is abbitt 26 hours, and she has
now been out about 70 huiirs. It is hoped, however, that
she may come up by this evening's tide.
P.S. I 1,%!;:e called at the Company's office at the last
m, ?men, (four r.x.), and they have not yet heard any-
4.,alng of the Shamrock.
BRISTOL, SATURDAY, ONE A.M.—Up to this hour, I
regret to say, nothing has been heard of the Shamrock,

The barque Mischief, trading between Lisbon and
Liverpool, lost five men during the late gales,

FURTHER PARTICULA

Calat:.in Richard Downes, of
The Mischief ;barque,.
and for Liverpool, from. Lisbon, with a cargo of fruits !
arrived here tlus ea ;'ruing, having sustained considerable
damage in the gale of Wednesday last, The Captain
reports that on the 26th inst., in long: 6 deg, OHe lat.
51 deg., about 11 A.M., the vessel being hove to under a
close-reefed main-topsail, wind at about N.N.W., a tre-
mendous sea struck her, which washed five seamen
overboard, and carried away the bulwarks, stanchionS;
companion,- galley, and boats. The severity of the gale
was such, that the fore-topsail, which was furled; was
blown out of the gaskets, and lost; with the Initin4opsail
also ; and the vessel springing a leak; the Captain con-
sidered it prudent to bear up for IltiStol. The names of
the men who were swept overboard were as follow
Joseph Holmes, steward ; Thomas Abbott, second
mate ; John Hoffman, seaman ; Wm, tint kmore, ditto;
Alexander Colon, ;Vitt°.
Captain Downes renkts 'having fallen in with a large
vessel, bottom upwards, about five hours previous to the
accident happening to his own ship.
Ti:E SUAMROCE, BRISTOL AND DUBLIN &MAMM—
A am sorry to inform you that serious apprehensions
begin to be entertained for the safety of this vessel,
which left Dublin on Tuesday, and was due at Bristol by
Wednesday evening's tide. Up to the hour at which I
now write, half-past twelve r,m., of Friday, no intelli-
gence whatever has been received of her. The Shamrock
belongs tv the Bristol General Steaui Navigation Com-
pany, and is their finest packet. Her commander is
csptain John Hyde, who is a first-rate seaman.
Front the direction of the gale, blowing off the
Irish coast, according to the accounts furnished in
my former communication in the case of the Mer-
cury and the Mischief, there appears tery little pro-
bability of her having put into any of the Irish
ports ; the only chance of her safety now appears
to be her having become cripplkl, and thus left at the
mercy of the waves in that case we may hear some-
thing of her from some port on the Welsh coast, Up to
the present time the Company have received no letter
whatever ; and from the subjoined, from Capt. Bailey,
of the Star, bound for Cork, which left here on Tuesday
titothing, it would-appear that nothing had been heard
of the Shamrock at Miford up to that period. The fol-•
lowing is a copy of the letter which was received by
Messrs. Lunell and Co. this evening
" Gentlemen---I take this opportunity to inform you
that the Star steam-packet put into Milford on Wednes-
day morning, at ten o'clock, in a trehtendous gale of
wind, with a heavy sea, We are lying at Pater, with
two anchors down. As soon as the weather moderates
we shall start for Cork.
"Pater, Jan. 26. "WILLIAM BAILEY, Captain.