Star.
London, England, 1828-07-03 00:00:00

LAW INTELLIGENCE.

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COURT OF KING'S BENCH, WmAniestm. JULY 2.
Sittings at NW Pritie in :lliddlesex, after Trinity 'refill, before
Lord TENTRIMEN and Special Attics.
WOOLLY v. SCOVELL AND OTHERS.

This was a.l action to recover compensation in da-
mages for an it jury sustained by the plaintiff, a young
sr an tinier age, through the carelessness of the defen-
dant.' servants.
From the statement of Mr. GURNEY, and the evi-
dence, it appeared that the plaintiff, who was about 20
years of age, was the son of a respectable soap-boiler,
and superintended hi. fathet's business. The defendants
were the proprietors of Symonds' IVharf, in Tooley-
street. Oa the 28th of Aucirst last, the plaintiff was at
the defendants wharf. siipetintendine the loading of a
cart beloneinc to his father, with and this hay-
-4: it been finished, he was returning home from the
sicl• irt, and as he was pissing the detendant.' ware-
house, he was struck by a hag of wool, which was
thrown out of a 'ono-hole in the defendants' premises.
The blow he received fractured one of his legs in three
different places, injured the other leg, and bruised the
shin in a manner which 1.-ft little hope that he would
ever completely recover from the effect. of the accident.
Several persons who were present at the time of the
accident swore that they heard no warning given by
the men when the hag was thrown from the loop-hole,
and it appeared from the testimony of some of them,
that one of the defendants had expressed his fears that
some accident would happen from the careless manner
in which the men were conducting the business.
The witnesses for the defendants deposed to a warn-
inc being. given by the men at the loop-hole, and two
of Clem stated that the plaintiff, on hearing it, made a
stop, and looked up, but that having turned the wrong
way, he had himself been the cause of the accident. He
was also heard to say that he thought he should have
sliffijeut time to pass before the bag came down.
Lord TErirEnnKN, in summing up the case to the
Jury, observed, that the question for them to determine
was, whether the accident had happened through the
negligence of the defendants' see vants, or whether it
had been occasioned by his own fault and his own mis-
take? Hi. L3tdship was of opinion that if the plaintiff
not seeing the bag of wool until the moment it came
upon him, then endeavoured on a sudden to get out of
the way, although that might not be the best or most
prudent step, yet if he did not see the danger until it
was too late to avoid it, the defendants were answera-
ble for the conduct of their servants, and the plaintiff
was entitled t t their verdict. It, however, they thought
that the defendants had exercised reasonable care and
caution, and that the plaintiff, having an opportunity
of avoiding the danger, forbore to avail himself of that
opportunity in reasonable time, and rashly threw him-
self into danger, then they ought to return a verdict for
the defendants.
The Jury, after ten minutes' consideration, found a
verdict for the plaintiff—Damages, 7501.
THE KING V. WILLIAM CReCKYORD.

There were two indictments against William Crock-
ford. A Jury was sworn in each of them, but no one,
appyarirg on the part of the prosecution, verdicts of.
Not Guilty were recorded.
THU •KING V. HAWES ASH TWO.OTRERS.

Thin was an indictment against Messrs. Hawes,
Hodges, and Bolton, charging them with a conspiracy
to sue out a commission of bankruptcy against Mr.
Welch, the musician. It appeased that Mr. Welch and
Mr; Hawes were partners in tt e Argyll Rooms, and in
the management of that concern there was conhiderable
disagreement between the pasties. Mr. Hawes wishing
to dissolve partnership, offered Mr. Welch 10,0001. fur
his share, or to sell his own share for the same sum.—
Welch being unwilling to comply writ'[ either of these
offers, Mr. Hawes said he would become a bankrupt,
for the purpose of dissolving the partnership. He ac-
eordingty consulted Mr. Bolton, his at:nrney, and ulti-
mately was made a banktupt. The petitioning creditor
was Hodges, who, it appeased, had a good debt. In
order to make out the conspiracy, it w is contended that
these could not be the least pretence for imputing in-
solvency to Mr. Hawes, whose income was from seven
to eight hundred pounds a year. The bankrupts paid
twenty shillings in the pound.
After the above facts had been proved, Lord Tzts-
TILRIMIN was of opinion that there was no evidence to
support a charge of conspiracy. The circumstance of
the petitioning creditor having a good debt, removed
all pretence tor the charge of conspiracy.
The Jury acquitted thidefendants.
The case attracted the attention of nearly all the
musical persons in London. The Court was filled and
the galleries crowded. Earl Ferrers sat on the Bench,
and his Rqyal Highness the Duke of Sussex was in a
room adjoining the Court.

COURT OF COMMON PLEAS. Warne u*, JULY 2.
ELIZA SEAGO v. BARKER.

Mr. Hurctamon opened the pleadings. The decla-
ration charged that the defendant had made the plain-
v ff a promise of marriage, but that he had subsequently
tailed to fulfil it.
The defendant pleaded the general issue.
Mr. Sergeant ArionEws stated, that Vie plaintiff in
this case was a young woman about twenty-one years
of ace, v.ho, though now in a humble station in life,.
had in hrr 'youth been bred up with fardifferent expec-
tations, and. although those expectations had been dis-
appointed, and her circumstances and station lowered
in the worlc4 she still retained her respectability by her
exemplary conduct and behaviour. Her father
,was
formerly &keeper of glass coaches, but 'laving become
unfortunate, died a few years since, leaving a large
family entirely unprovided for. In consequence cf thfs,
the plaintiff was compsllcd to go into service, and some
time since entered the family of a Mr.*ondenezen,
residing at Brixton, in the capacity of a,servant. Ir. the
set vice of that Gentleman she found not arty the pin-
tectian of an excellent master, but also of a judicious
and kind friend. The defendant was a botcher, residing
also at Brixton, and was in the habit of supplying Mr.
Vondenezenwith meat; and in January last; having
before-frequently seen the plaintiff, he expressed his love
for her, and made proposals. of marriage. The' plaintiff,
however, like a prudent young woman, would give no
decided answer until her mother and her master had
been consulted. The defendant accordingly sought an
opportunity of seeing them; and having declared his'
passion, answered their inquiries by stating that his,
business. was very lucrative, and that he was clearing
101. a week by it, and that he was consequently welt
able to maintain a evife in a comfortable and respectable
manner. In addition to this, be told 'the mother that
lie had two small freehold farms. lie was told that the
plaintiff had no property ; but be expressed an'utzer
contempt for it, and declared that he wanted her only
for herself. Having received these assurances, no ob-'
jection was made to the match, and the day of mar-
riage was fixed to take place in April. The mat riage
dresses were prepared, and every arrangement made;'
but before the day arrived the defendant broke off the
engagement, and, without assigning any reason, re-
fused to marry the plaintiff. The present action wok

consequently brought, and it was hoped that the Jury,
by their verdict, would compensate the plaintiff for the
injory and disappoiroment she had sustained.
These facts were fully established in evidence.
Mr. Sergeafit E. L* W ES, for the defendant, contended
that the case was altogether of a trifling nature—than
the plaintiff had sustained no injury—and thm, conse-
quently, the smallest amount of ehmagei would be suf-
ficient to compensate her.

The Lotto enter Justice told the Jury, that as the
plaintiff had clearly plowed her case, and as the de-
fendant had given no answer to ii, the only question for
their considerAtivn would be the amount of damages.
The Jury almost immediately teturned a verdict for
flee plaintiff —Damages, 1001.

ADMIRALTY SRSSIONS, JULY 2.

THE PLUNDER OF THB FARQUHARSON INDIANIAN.

The Admiralty Sessions of Oyer and Terminer and
Gaol Delivery, adjourned from the Ilth ultimo, for
the trial certain prisoners charged with.i.lundering
the Farquharson East Indianian, was resumed this day
before Sir CHRISTOPHER ROBINSON, Mr. Justice PARK,
and the other officers.

John Ferguson and John Hopkins, two seamen, were
given in charge, and pleaded not guilty, upon an in •
dirtvent charging that they, in conjunction with Rich-
ard How Manley, Roheit Benner,lthn Howard,--
Smith, and three other persons not in custody, on the
24th of September last, upon the high seas, and'within
two.miles and a half of the short., near the island of
Singapore, did in the night-time seize upon a cutter
boat, value 901. a top-gallant studding sail, valued at
301. two tarpaulins, value 61. two compasses, value 6th.
six muskets, value 121. six pistols, value 3/. and certain
other things and stores belonging to the Honourable
Company's chartered ship the Farquharson, the pro-
perty of the owners of that ship, Messrs. Christopher
Lockner and Co. O.her counts charged the property
to belong toWilliam Cruickshank, the Commander, and
varied- the offence in different points of larcency.
Mt. BARRY opened the case and read the declaration.
Mr. ALLEY, in stating the facts to the Jory, observed
:his was an important case, and would require their
close and peculiar attention.
Mr. Henry Cowan, chief mate of the Hon. Com-
pany's ship Farquharson, stated, that on the 24th of
September last, that ship was off the island of Singaal
pore ; the sixth mate then was named Rithard How
Manley, who had charge of the first watch at ten o'clock
in the evening. The ship's cutter was hoisted up on
the ship's quarter in safety. Captain Cruickshank was
then on shore; the persons named in the indictment,
formed part of the crew, and were all on board. The
witness at two o'clock in the morning awoke, and went
upon deck, and missed Manley, the officer of the watch,
and also the ship's boat. Next morning, upon the crew
being mustered, Manley and sir persons were missing,
and also the ship's stores enumerated in the indictment.
He never saw the two prisoners until they were in cus-
tody in London.
Mr. Powell, the purser of the Farquharson, proved
the ship belonged to the several persons named in the
indictment. The two prisoners were in the ship, and
went away on the night of the '24th of September.
Cross-examined by Mr. ADOLPHUS—The principal
care and superintendence of the men was under Mr.
Cowan, the chief mate. He was not aware of any dis-
content having existed among the crew, or of com-
plaints of the cruel treatment of the chief mate. Se.
veral desertions certainly took place among the crew,
at St. Helena, Penang, and also in addition to these
men, at Singapote. Never heard all these things were
attributed to Mr. Cowan's conduct. Three men de-
serted at Penang, one at Singapore, and tour at St.
Helena. •

Mr. ADOLPHus—Did you not understand that all
these desertions from the ship were produced by the
severity of the chief mate?
Mr. Justice PARC said he would not permit that
question. It conveyed an imputation upon a witness
which he had not an opportunity of rebutting. It was
not a proper question by any mean!, and could not be
permitted.
Cross-examination of Mr. Powell resumed—Occa-
sionally his duty led him to no: with the crew in all
parts of the ship ; never had any conversation wit') them
about their complaints; the ship was lying about two
miles and a half from Singapore; the Captain was
ashore there, and in all probability they would have
been brought back had they landed there. The island
of Singapore is under British domini.)n, and at all timer
a good look-out is kept on the shore. The Straits of
Malacca are infested, of said to be irfisted, by pirates.
The native boats carry fire-arms. 'the brats of Bri.
tish ships do not.
Edward French, a Midshipman of the Farquharson,
went upon deck at twelve o'clock on the night of the
24th of September, and was desired to go below by
Manley, as it was part his hour of watch.
Captain William Cruickshank deposed, that he was
not on board his ship when the men deserted.
By Mr. Justice Paatt(—Had qo complaints ef cruelty
or ill treatment by the crew. Does not believe' there
Was any cause of complaint. A few days before the
ship arrived home, some complaints were made cf Mr.
Cowan's conduct.

Edward French recalled, and examined by the
JUDOS--The pri.oners were on board the night
_before
the deseition. Did not see ihem during his watch at
ten o'clock.
Mr. ALLEY said this *as the case for Vie prosecution.

Mr. AnuLPHys submitted that the evic-tica was not
sufficient to go to the Jury.
Mr. Justice PARK thought difE•Lently. The men
itnew.they were at.toog illegally when they t, ok away
the ship's cutlet. Ti.at had_ been proved. •and was a
fact for the consideration of theJuty.

The prisoner, by direction if their Cquctel, made no
defence.

Mr.. Justice FARK summed up the evidence ve; y
btiefly. and was ot opinion that the evidence.was suffi-
cient to show the prisoners had a guilty intention when
they quitted the ship.
The Jury, after write minutes' deliheraion in the box,
retired from the Court to a.private room.

After an absence °fan hour, the Foremast eameinto
Coprt and handed in a wiitteri paper with •this ques-
tion-:-46 Was the taking the -ship's boat sud the stores
an act of felony ?"
Mr. Justice PARK des;red she Fareman,io go into the
box, and seat for the reirianider of the Jury—upon then
return he _said, he had brut for them in order thet tiey
all might understand his ob,ervations. Before he en-
tend into a deietiption of the law, it would be necessary
for bim to understand what they meant by the question ;
if they meant that the n.en had only carried off the
boat to enable them to deveat.alo dlip. and iomt that ualr
purpose only, he would recommend them•to find them
guilty pith that reservation ; • and he would reserve the
point for the cantlderati.on. of the twelve judges;,_ it
struck him certainly as a new point and a very extraor-
dinary one. lf,on the other hand, they were of opioioo.,
that the prisoners carried off the cutter and she ships',
stores; with•any ottm view than that of auisting .stiona

to desert, then they were bound to find the prisoners'
guilty. He certainly considered that the circumstance of
taking with them the sails, stores, and fire arms, showed
ani.ther disposition than that of an intent an merely to
desert from the ship. The thing was perfectly clear to
his mind.
The Jury turned round, and after a few moment,'
conversation, the foreman said, they had agreed upon
finding the prisoners guilty of stealing for the purpose
of desertion. _ . _

\lr. Justice PARK—Gentlemen, since I.last spokes to
you, I have considered again the matter with the Learned
Judge of this Court, and he agrees in opinion with me,
that if your verdict he as it is, you must find the pri-
soners not guilty. Therefore, return that verdict.
The foreman gave the verdict, when another juror
said, they were not all agreed.
The foreman replied, that it was his opinion the pri-
soners had run away with the ho,t to desert.
Mr. Justice Pa niC —Gentlemen, if you are not agreed
you must again retire—you must give an unanimous
verdict.—The Jury then retired.
At half-paA two o'clock, being out altogether about
three hours, they returned into Court with a verdict of
Guilty agaiast the prisoners, but recommended them
to mercy on the ground that it was not proved under
wl.at influence or feelings they had acted.
Sir C. lioniNsotc, in passing the judgment cf the
Court, said it had taken into consideration the rec m-
mend4tioo of the Jury, and therefore would not proceed
to the severer seotence of transportation ; but would mei.•
cifully mitigate that into imprisonment. Tire Learned
Judge then sentenced them to twelve months' imprison-
ment and hard labour in the House of Correction.

Joseph Bragg, Coutmander of the ship Valiant, was
indicted for assaulting and beating some of his clew on
a voyage from the Mauritius in March last.
He pleaded Guilty, arid said he had given the pro-
secutor a compensation.
The prosecutor, a man named Bowman. was called,
and admitted he had received 6/. 10s. from Captain
B. as a compensation for the beating he had given him.
Under these circumstances, the Cvurt fitted Captain
Bragg Is. and he was discharged.—The Court then
adjourned.