Star.
London, England, 1823-11-11 00:00:00

' LAW IN7 EL:LIM:NCB
...........-
coefeee OF COMMON PLEAS, NOV. 10.
TRU ATELL V. BSA MONT.
Mr. Serjeant 'PADDY moved for a Rule to show cause
why the verdict for the plaintiff-in this case should Slot'
be set aside, and a new trial granted. The case was.
tried before Mr. Justice Park at the Sittings after last'
Term. •7The Learned Seljeant stated to the Court, that
a policy of insurance was effected at the County Fire
Office on the 9th of December, 1822, on part of the
house. No. 98, Watling-street, which was used by the
Thurtells as a warehouse. The premises consisted of st,
first floor,
_and, with their contents, were insured for
12400/. Thurtell recovered 1,9001 and upwards of the
Fire Office. The house; as he had before observed, was
insured on the 9th of December, and on the 116th of
January following the fire took place: it was on a Sun-
day, and was at first perceived at five o'clock in the
morning. Thurtell's premises consisted of a first
floor, and they communicated with the ground floor,'
occuoied by Mr. Penney, a wine-merchant. The
evitlence chiefly depended on three witnesses. The
history that John Thurtell gave of himself at thetiial
was, that he had been a Norwich bonthasin-manufac-
titter, and having been uasuccessful in business, had
become a bankrupt, but had never obtained his certifi-
cate. He was employed by his brother Thomas, who,
had been a farmer in Norfolk, and had become insol-
vent, but who had at that time taken the Cock public-,
house in the Haymarket, to buy job goods for him,
which were kept in she warehouse in Watling-street
John Thurtell stated that he was the last person in the
rooms on theday preceding the fires that he put aware
out, turned the candle in the socket, and put away
the fender, as was hi,i custom; that he went to the
Opera with Ennison, and staid to the end of the per-
formance; that they then went together to apiece called
the Royal &theme in Piccadilly, where they staid, se-
veral hours. They walked away together from the
Saloon, John Thurtell returning to the City,and Ennisoo
over Westminster Bridge. Ennison swore that the
clock at the Horse Guards struck five as they got to
(taring-cross. Thurtell went along ;be Strand towards
the City, and be went towards Westminster Bridge. It
seemed that Thomas Thurtell *opposed John slept on
the premises io Watliug-street, which was not the fact ;
leil kept some woman on Garlick-hill, where he slept on
the morning in question. And it further appeared,
that although so near, he did not go past the warehouse,
but turned down Bridge-street, and that way weneto
Garlick-hill, where he went to bed. The woman with
wheal John Thurtell lived swore that he arrived at hen
lodgings about a quarter before five, and that he had
been in the habit of sleeping in Garlick-hill for a month
previeus to the fire. With regard to the goods on the
premises, John Thurtell swore that property to
.the
amount stated had been carried in, and that nothing but
returned goods , had gone out. Stuffs to the value of
1:42 had been taken into the warehouse the night before
the fire. Badman, a fireman, deposed to its being a
very hard kost on the Sunday morning when the tire
broke out; and when he arrived in Watling-street it
was a little past five, and the fire was then breaking
out, 'fee peel of the delivery of the goods depended
chiefly on-the testimony of John Borthwick Snowden,
who proved that. goods Vs the amount of £250 were
delivered from Dawson and Read, and when these were
brought in he saw other goods on the premises:. Farmer,
in the employ of Leith and Co. and Cressop, in the em-
ploy of. Todd and Co. also proved the delivery of goods.
Farmer had sold goods to Thurtell on the preceding
Seterdity. There was only one l:erson slept on the pre-
mise* on the night of the fire, and that was a man of
the, name of Wilkinson' wile Was a servant to Mr.
Penney. 1-le was called by a watchman at five o'clock.
He ran out, and passed through his master's warehouse,
%shore there was no fire at that time. Ile removed three
or four casks from Penney's warehouse, and got a light
in the street from the burning embers that were issuing
froniThurtell's pi emises. lie tried to force the door open,
and at last broke in the pannels, which enabled him to
see the fit e in Thurtell's roots. There had originally been a
side window, which would have aiven Wilkinson a com-
plete view of 'llthrtell's premises; but that had latterly
beta stopped up by a door coming in.front of it, which
prevented Mr. Penney's servant from looking into Thur-
tell's premises. This door left the staircase nearly in
daakness. On his cross-examination, John Thurtell
was asked, if he ever talked with any person of setting
fire to the premisee?. He positively denied that he had
ever bald such conversation with any MA i but a man
of dee • name of Cowdroy, a waiter at the Golden-
ertme,,Cbatingluoas, was called, and swore, that John
Tbereall .had asked him if he would take a house,
brags). it, insure the premises, and remove the goods,
aneedten set fin to it ? It was proved that Thurtell,
the plaiatiA was endeavouring to take the benefit of
the Insolvent Act, and was in the Rules of the King's
Bench, at the suit of his lergelitee the witness in the cause,
foe 174 in .Maroh, and he was not released unti1,,..44,
ltif,;r. 'His petition to the Insolvent Court was signed,
an'; b set Coals his debts in. hie farming liminess 'at
4,1 i I IN The case water condneted by a Mr. Jay,' who
proved ths. dive were. people at Norwich who. would
lend she 'Mortals menet,, and actual; Ind Oema io.--
H 1,44 raised there money on their acceetanEies' to the
taw* of Std. and afterwards 421. in, adgiocus- • lint
thwas only VAL if it. all nem to pilcchese rode. toi'
a ,the watehoAnst and they claimed for.one tnnsiSeul
sit*. hay dre4 pounds,. and, I temente, 'and' prfote •
rhipsttheir witnesses, goodiA,fliai amotinetlestroxe..
Thet r fled, Judge wile trlefthe cause, rued that it
inia.the dpts of de Jo ryt lICIf as in commogeuse, to to,
onsionlectureOsat it, was theuluXy to see that such cu-
el Juices wee bteught so . ome tá thei parties,:that
if t charges 'bud becupe ate inclictmentopd tilt -Man
sv Ape teeiog, fee his life, inetead of wing: fus.lfis,
ci prevete, the,Aqep.ought. to be as well satisfied,
w the vi;ls4 ea aried bins by.thia specs of defence',
as .
1
pe map; now trying. fee)* life; and, :mein geese
604..00 Jou:would have. torsi to ila ies. Was Ishii,
—vibether„qe the evideoce.thee hadiheard.;theY were
so.wafianted as: that they wOuld.feel'satiarstist,JohnThor;
telj was guileteof having burnt the home * qoestion?
That, was the main peint kbecause the were.nortn con-
sider teetulilyee..merely: to. a Civil cgutt 4 Juitico..
wltieb thee, svpre sc strictness e last .dtre
.eiraller coilSielee
theAe e4ses,,y/stpt 41, their bearings e and although he
51)904 net.ewtee ioto. the discussion which:souse eminent
tnen.b ad. helalitursee eminent persons than he could Ole
• Atui4 eilAsele tit*, a ;finding of a Jury In, such a ease
weeshi.h.t4At4,ll.44llj, tO a, fiadilig
,o( a Gieted.Juie, be
wettl4llo;eeter.ittee the suptstion. whether their verdict'
would have that e, *jt wooki sin so in, i, io9l,
queoce‘7,..blwitufg, ,ftx Isbt:4l Iffa'nlo., ,:7(.410
for the defendants, it could th.W.Wetrigtilccf
proceeding against this Inas, in a• tottut- g iiim tb