The Sun.
London, England, 1829-09-07 00:00:00

ROYAL GEORGE.

HARVEY AND OTHERS V. GETHING.

Mr. PATNE opened the pleadings. The declaration
stated that the defendants were owners of a small vessel
called the Duke of Wellington, which vessel had received
considerable injury by the wanton act of the defendant,
for which the plaintiff now sought compensation in di.
mages. The defendant pleaded four special pleas of jut'
tification and also the general issue.
Mr. Serjeant WILDE addressed the jury. They bed
heard from his learned friend that this was an action to
recover compensation in damages for injury sustained hi
the Duke of Wellington—(A laugh)--of which vessel
his clients, very respectable merchants, were the
owners and master—(A laugh)_bnt the real question ja
the cause was the right of all vessels trading to Newport,
Monmouthshire, to use the wharfs on the banks of the
river Usk, for the purpose of loading and unloading their
cargoes on the payment of certain rates. On the sth 01
May the Duke of Wellington, loaded with corn, arrived
at Newport, and fastened herself to the wharf belong'
ing to the defendant, who shortly afterwards ordered
her off, which order not being immediately complied
with, he cut the cable and sent her adrift. The
particulars of this ill-natured act towards the Debt
he would prove by witnesses, but he considered the
principal question in the cause was one for the decision of
his Lordship, resting entirely on the construction of the
15th Section of an Act of Parliament, passed in the 42d
year of his late Majesty's reign, entitled " An Act for im-
proving the Navigation of the river Usk." That Section
authorised the erection of wharfs on the River, and fixes
certain rates that should be demanded by the owners 01
them, for the loading and unloading of vessels. It also
directed that rings and chains should be fixed to the walls
for the accommodation of shipping frequenting that part
of Newport. Now, as he (the Learned Counsel) before
said, the real question (and a very important one it
was to the shipping interest) was, whether this ac-
commodation could be demanded as a right, or was it
necessary to have the consent of the owners of the wharfs.
He would prove the defendant's conduct most ill-natured,
and trusted he should have the opinion of the Court 00
the construction of the Art in favour of his client ; be
should rely confidently on their verdict.
Thomas Williams examined—Witness was mate to the
Duke of Wellington. On the sth of May they arrived
at Newport, about six o'clock in the evening. The
Venus was unloading at the defendant's wharf, and the
Duke dropped quietly alongside of ber.—(A laugh.)'
The Royal George was not far off.—(A laugh.)—After
the Venus had discharged her load, the Duke got into
her birth, and was fastened to one of the rings in the wall
of the defendant's wharf. The defendant shortly after-
wards told the Captain of the Duke that he must be offs
as the Royal George wanted to come in. The Captain
refused, and said he had as good an authority and as much
right to be there as the Royal George had. The de-
fendant said " Oh, oh ! have you ; we will try what
effect cutting the rope will de." The Captain replied'
" This is the first time, Mr. Gething, I ever was at
Newport, and, from the reception I have net with,
I hope it will be a long time before I come
again." The defendant then said, you had better at
once take yourself off now. The Captain then gave or-
dere to let out more rope, so that the vessel dropped down
to the next wharf, and although fastened to one of the
rings of the defendant's wharf, no part of her lay before it
except the bowsprit. This, however, did not satisfy hinit
and after some further angry conversation, he cut the ship e
cable, and sent her adrift. The tide running high at the
time, she was considerably damaged.

Mr. Serjeant WILDE—I believe the Duke of Welling"
ton, after her cable was cut, run foul of some other vessel'
Witness—Yes, Sir, of the Venus.—(Laughter.)
Mr. Serjeant WILDE-Well, what happened the"
Witness--The tide was running very high, and at that
moment the Royal George came up and struck the DOI
of Wellington with such violence as almost turned him
round.—(Great laughter.)
Mr. Serjeant Wunx—Your vessel the Duke of 01
lington was considerably damaged? Witness, Yes, Sir.
William Hall, a pilot, corroborated the above evidence'
and added that when the defendant cut the ship's cable
they had unloaded all the cargo except five sacks of cool
which would not have taken them many minutes longer'
but he would not wait.

A reference was here proposed, and after some consul'
tation between Counsel, it was agreed to refer the decisioo
of the case to the Water-bailiff and Custom-house Officer
of Newport.
The case excited considerable interest.
LIABILITY OF COACH raorairrons........arapimis b.