Star.
London, England, 1824-01-29 00:00:00

MORTON V. NESBITT AND ANOTHER.

This action was brought by Captain Alorton, a mili-
tary officer, against the owners of an East Indiamaa,
named the Apollo, to recover a compensation in da-
mages, for a loss sustained by the negligence of the
de-
fendants servants.

The plaintiff alleged in his declaration, that having
become a passenger on board the Apollo, at Minims,
the ship was lost by negligence, and thereby he was
put to the expense of finding a passage home, which
amounted to 1201. It appeared that Captain Morton
took his passage early in 1823 on board the Apollo, of
which Captain Tennant was Master, to be conveyed
from Madras to England. The passengers consisted of
26 persons, most of whom were military officers. April
16th the ship arrived off Table Bay, at the Cape of
Good Hope. The weather was fine, with a breeze from
S.E. the ship sailed at the rate of three or four knots;
on tacking to weather Robin Island and the Whale Rock,
the ship struck upon Green Point, a rock well known
in the charts; she was stretching across Table Bay, with
her head to the land, at the time the accident happened,
and the object was to bring the ship to the anchorage.
The Captain and Chief Mate were off the deck at the
time, and the witnesses imputed negligence; when the
Captain came up, he said the Mate, who had charge of
the watch, had run the ship ashore, and it was further
stated that he did not exert himself to get her off; on
the contrary, he refused to avail himself of the assist-
' ance offered by several boats which came off on healing
distress guns fired ; the passengers were safely lauded ;
the next day the weather grew bad, and destroyed the
ship ; the plaintiff not only lost part of his baggage,
but was obliged to go over land to Simon's Bay, and
take a passage in another ship to England. Under the
above circumstances he sought to obtain a return of the
expense he had incurred, in consequence of the loss of
the ship by negligence. The representation on the part
of the defendants was, that all was done by the Captain;
and Officers of the ship which could be done ; at the
time the ship struck there was a fog, not uncommon off
the Cape, which had the effect of making objects appear
at a greater distance than they really were; these had
been what the Captain termed an illusion in the atmo-
sphere all day, and at the moment the ship touched the
rock, he thought he was a mile and a half from land ;
the fog or haze obscured the low land but left the high
land visible, apparently at a great distance.—A number'
of seamen proved that the Captain had done all that,
could be done.—After the cause had occupied the atten-
tion of the Lord Chief Justice nine hours, the Jury found
a verdict for the plaintiff.—Damages, 1201.

DEPOSIT OF FOREIGN BONDS.

PORTALIS V. AGASSIZ AND CO.

It will be recollected that this was an action for the
recovery of a bond for a Prussian Loan, deposited with
the defendants, as a security for an advance of money
by the broker of Count Portalis, without authority from
the Count. The Jury had found for the defendants.

11• Ir. ATTORNEY•GENERAL obtained a Rule to chew•
cause why a new trial should not be granted.

TILE KING V. RUSSELL.

Mr. BROUGHAM moved for a Rule to remove the
trial of this question to another county. It was an in-
dictment against William Russell, Esq. and twelve

o here; for certain constructions in the river Tyne, an I
as the Special Jury would be struck from Coal-owners
And Gentlemen interested, this motion was made up in
affidavits that an impartial trial could not be Obtained.
The LORD CUM' JUCTICE—Is there anj► partkulaz
County to which you wish to have it removed?
Mr. 13 no uo n Nl—We would swish the County of Ytnl.
The LORD CUILF JUSTICE—Take a Rule, and let the
County of Yot k he named in it.

The Ltnin CHIEF JUSTICE poqpoiled further motinns
to-ruoTow, and sat Nisi Pi ius with a Soecial 1:1 y.

ARCHES' COURT, JANUARY 28.

CURLEW V. IIIoIitNTON.
From the sentence of the Court on the question of admitting Mrs.
Thornton's allegation in this ever, which was pronounced last tesri,,,
an ap7eal was asserted. It was to-ii iy announced that the .triLfar
was withdrawn.

Dr. HoaxAav prayed the Court to decree i:s probate to CI- • .1.
'Fhe Cent/ir said, it had perused the evidence of the won,•,.e;
who had been examined on the cundiait propounding the Will, the
due execution of which was very fully proved by the attestitig and
other witnesies; and dieter:lre the Court pronoun;:ed runts %With- y
and eff,:ct, by decreeing probate as pr..yetl.
[We understand that an appeal has been entered in France, from
the sentence of the French Court, winch some time since prouuunced
theColenel to have died, as to his property in that kingdom, intestate.)