Star.
London, England, 1827-10-16 00:00:00

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LAW'

•
• couaT OF. ICING'S Blthicif. Oct: IS.
,Leadon &awes before lard TiMMINK2IId a apeciel Jury.
VIAII2o. PIRATT.
•
shirePot.ama opened the pleadings. by stating, that
this-was as action-for the recovery of a sum of 2,2211.
beieg.tise amoent of a sues insured for, the plaintiff by
,rake defendant, as, the value of the brigantine Diana,
alma-bee freight, en a -voyage from Oporto to Rio Ja-
%attire. The voyage conemenced in December" 18121,
`:•titti leaded before the close of 1822, by the less of the
vessel and cargo on the South American coast.
Mr. Sergeant Victor., who led the case for the plain-
Siff, stated, that his client Went-first for a general ave-
rage, and secondly, for a total loss. The defence in
~lended to be set isp,lti understoodTto*he, that this was
log,a.real aid Imam. fide insurance, bet • a fraidelent
nanneaction throughout, carried en for the were purpose
'olf-idefreaditatg the underwvitets.. He loonld prove his
case, however. and it; Wails! be for them tq. rebut it if
.%,thercouid. .Ih* vessel. as they had beard, had faded
from Oporto in December,. 1821, being destined for‘i
:4bn-incite, with liberty, according to the terms of the
• Ippi
Chadadthose islands. icy; to tcioth,at the Cape de Vera islands. She had
and thin, sabsequently;-on her,
. salppwwwilen the oust afalkmericaothe encountered some
Mehl .weather; aed sprung 'a leak, and the master, with
itheltpproliation of tfie arbtaleirete, dimet proper to
:.,:ithandim the ship, and' tale to their boats, in order to
.csaveAbeir Alen, and in rim of fact the vessel sunk
"won after. The plaintiff thenapthed to the defendant
'flirt*
gl. payment 'of the seta:' ibtwed, bet this was re•
e the itecel9¢ chit the' .difeadant had some sus.
.lipinifistand wished swami* inquirias•as to the sitcom-
'aramdene.--•Tise plaintiff theolamogitt tis action, which
' ivikettoppect by a suit &the Eechecoei, iptituted by
.....thealtifnadaot, for the petpose of haring the answer of
na-eith,, and .having witnesses saaatieed
elhis' would natant to the Jury foe the air
• estantaive of Mr.Viana's coming to Oman* to enforce
ii:dalasuld,,which had, aeisen-sof yeas ego, ;Odin the.
aontse .of .establisleing-witish ,:be . plaintiff had semen-
• attired so much delay mid iseinaisei.• lbe•jostice of the
'demand he Wield now prove to dual." front' the
;11encepf tha witnesses aseasslieillsy *JO of the Calk
Barateotter. and fitywecihrsoutus of duties paid at,
'abs. Crastom House at °poser, bribe. goods shipped. onl
-based this vessel.
The policy was then Pro*. mstithe Court was oc-H,
. copied for the greater:pen, of the day in hearing the I
depostuons iakewie ilm..suit is the Exchequer teed. -1
The passages read oti the part of the- plaintiff' wen, col
thew, that the whole was a hem fide. transaction, and
that the ship, was of the value stated is the Policy, and
that the shipments,. bad.beeu duly and properly made.
The Arronwer Gammal. with' whom was Mr.
''CAII72IILI., for the cktifildant,k was desirous that certain
paseages of the usurp isf :doe plaintiff, and of some of
the depositions of the other witnesses, should be read
on thepart of the defendant, whichwould, he said, be
the Mare Convenient course, as in 'Opening the defence
he would have to cciaitnent upon them.
. tau. Sergeant WiLot suggested that, in that case, the
whole should be read; while the-Atateatty General in-
sisted that this was not neeestarys.
'LotrlTzwriutoarr-Whatover may he the ptaciice in
eaquuy . with respect to the nada% of answers, bbelieve
tile practice at law hat been, thas.when one party midi
certain passages, the other party may have the *bola
:read if.'he cheeses-4w' rule being, however, so far
• qualified; that where the answer introduces itrelevant
, matter, not called for by the bill, that it relevant matter
is not to' be read......(The 'answer aild sleponitioo mark
accordingly.) • •
The Airoassi Gummi, Afar. the. defendant)—Bev
. fore be ewes ed epos a-brief history tithe cause in heath
he might mention that -the person writing the history
of a near relation of his, .a merchant at 'Smyrna, had
reinatked as a .circualstance highly cosnpliineotary-to
. , the ingenuity of his relatiaio, that when-he had a cue in
a Coat t of Justice, he always took care cohere witnessai
ready for the cause, whetheethey knew any thing about
ittosstot. ,This was exactly the arrangement which the
..plaiatiff bad made in the course of these proceedin
He did not know whether this practice was common
Portugal, but he had observed that in general the moral
. faculty was more.oe less ix,rwerful iii pioportion as the
government was mote or less enlightened. In this cue,
however. he would prove that the depositions on the
part of Mr. Viana, in the Exchequer, were, in several
sanateriar points, gross :peijuries,- mod that he himself
bad, in his answer, endeavoured to prop his case by
gross perjury; and he would Awe., under his ovin
hand, that when hard pressed, he tad given instruction
to hisygents io febticate documents 'to support his no.
ewer. fhe plaint. ff had insured the ship with the do
Pendant for about 2,2211. and the goods shipped is her
with the London Assurance Ccmi any at 5.0751.' Thie
appeared rather .surprisi. g, as it was well known 'that
Mr. Viana was only a small dealer, and it appeared
• rather singular that be had made such large shipments:
The result was, that the =ship was lost, and the' deka-
dant charged the plaintiff with having seat oat his ship
for the very purpose of having her sunk .at.sta,--abat
having insured her with. the defendant ter .a large turn
.ot nior•ey.• In the protest made.at first by the master and
. crew, there was •no noti6nation amity :bad weather.
The ship had sprung a leak in a calesoadd the leakages
she worse on account of the calm, as they-were unable
to inn the ship on the ahem,- which Ass In sight,! the
Awl, being-useless for want °Varied. The leak, it was
intimated. . roust have been occasi flied by . rat', holet ;
but thinking that this n,iBht be made :a:ground ler
,refusit:g to pay them the snooty, .san',.acepurst .of
rgligeoce, thertook care to .say. that, .thotish the leak
vas occasioned by rat holes, therearere„notwitbstand.
log, two cats on. board. The, crew abandoned .the
-ship, .and, saved the compass and several iuber ratio's},
";but they did not save the log book, which might have
.furnished .very material evidsoce for the plaintiff,
or against him, as the case might be. this when Use
,:natter calla!, to be examined in the Exchequer, it was.
:lowl that their case might be injured by this calm, yid
therefore it was tecollecind that thenveather was storm,,
and bieir,the ship off the:coasts vibith chili:became the
le rusts why she could not.be tun ashore. in 1824 the
plaintiff came hat to answer the Bill in the Eschequer,