Star.
London, England, 1820-01-12 00:00:00

LAI/ INTELLIGENCE.

COURT OF KING'S BENCH, JANUARY 11.
TANNER V. MISS.
This was an action brought upon a policy of in-
surance, to recover the sum underwritten by the de-
fendant, in consequence of the loss of the ship Eliza-
beth Margaretta, belonging to the plaintiff, and upon
whiA the insurance had been effected.
It appeared by the statement of Mr. IVlNtitviir,
that the vessel in question had sailed from Loitdon in
August, 181.5, bound for the Island of St. Thomas,
where she arrived in November following. Previous,
however, to her entering the harbour, she was, by a
sudden change of the wind, forced upon one of the
rocks called the Three Sisters, and after beating on it
for some time, got off, but not until a considerable
part of her cargo was thrown overboard. When the
lading was discharged, a survey was taken, and she
was pronounced unfit to put to sea again. She was
in consequence offered for sale, but not a single shil-
ling was bid ; and, in order to prevent a wreck con-
tinuing to rot in the harbour, she was assigned over
to the Garrison, on condition of their breaking her
up, and using her for fire-wood. These were the
circumstances of the case, with regard to which both
parties were agreed; the question upon which they
were at issue being the state of the vessel at the
period of insurance, and whether it was seaworthy at
the commencement of the voyage ?
In support of the plaintiff's case ten or twelve wit-
nesses were called, all of whom, either as shipwrights
or caulkers employed to make repairs, or as owners
and captains examining with a view to purchase, had
inspected the vessel at various times during the two
years which preceded her last voyage. They all
swore distinctly that her main-works were sound,
that her beams were of oak, that she was perfectly
tight, and fit to undertake any voyage. The bottom,
or that part which was generally below water, was
the part least liable to decay.
Mr. SCARLETT, for the defence, commented chiefly
on the improbability that a vessel, which was as sea-
worthy as the one in question had been described to
be, should be-utterly destroyed by beating for two
or three hours on a rock, during a calm night, and
with a land-breeze. Such injury as a ship in excel-
lent condition might sustain or an accident of this
nature, might have been easily repaired at St. Tho--
rnas's, where several shipwrights • were established,
and to which place timber might be brought from
the neighbouring island of Tortola. But the fact
was, that the ship was rotten, that the plaintiff's wit-
nesses had only spoken of her upper works, which
were new, and had not even examined what her con-
dition was in other respects. One witness, indeed,
had maintained, that the planks of a ship which were
under water would never decay. For his own part,
he had imagined that every vessel must come to an
end at last ; but, according to this evidence, the Eli-
zabeth Margaretta was immortal. She had undoubt-
edly undergone many alterations, and might have
continued to exist; had she been entirely rebuilt. The
Jury had perhaps heard of the old woman's knife,
which, in the course of its history, had received seven
new blades and five handles! He should shew by
the evidence of persons who surveyed this ship, at St.
Thomas's, persons compttent to take such a survey,
and against whom there was no suspicion that they
had taken it fraudulently, because they had no inte-
rest in making such a report, that she was in a state
of decay that rendered it highly.improper to risk
either life or property on board her. The depositions
of several witnesses, shipwrights, together with the
harbour-master resident at St. Thomas's, were then
read, and although differing in some particulars,
agreed as to the general unseaworthiness of the vessel,
alter her entry into the harbour and discharge of her
cargo. According, however, to the parole evidence
for the defendant, it appeared that the means of re-
pairing any serious damage which a vesiel has mai-
tained are extremely scarce at St. Thomas's, and
that, in particular, there is always a great defi-
ciency of oak.
Mr. MARRYAT was engaged in comparing the
evidence on both sides, when the Foreman of the Jury
intimated that they were satisfied, and were ready to
find a verdict for the plaintiff.
The LORD CHIEF! JUSTICE observed, that if they
felt thethselves fully in possession of all the material
points of the evidence, he could not object to their
decision.—Verdict for lie Plaintiff.
BOYCE V. BENSON.
The defendant in this case also was an underwri.er
to a policy of insurance, effected upon the ship Geor-
giana, from Antwerp to Buenos Ayres. It seemed
iliat in going down the Scheldt, she ran against a
sand bank, which injured her considerably, and was
thought to be one cause why she did not survive the
last shock, by which she was lost, in February last.
The only question was as to the seaworthiness of
the vessel at the time of insurance.
The plaintiff, by the testimony of several witnesses;
proved that the vessel was in a sound state when in-
sured, and upon this the Jury found for him—
Damages £2OO. -

• LONDON SESSIONS.
Thesi Sessions were resumed yesterday, before the
LORD MAYOR, RECORDER, and Aldermen, in Guild-
hall. The swearing in of Constables and other Offi-
cers, for the ensuing year, being completed by two
o'clock, the Court proceeded to swear in the Grand
Jury, and to try traverse and other cases.
-MR. SHERIFF PARKINS.
The names of the Grand Jury being about to'be
called, the RECORDER then looked round' to see if
the Sheriffs were present, it being essential that they
should be in Court, during the swearing in of the
Grand Jury. Mr. Sheriff RoTirwEr.r. was in his
place, but Mr. Sheriff PARK INS was absent. The LORD
MAyon, in consequence, ordered Mr. N'Vontuer, the
City Marshal, to repair to Sheriff PARKINS, who was
understood to be within the Guildhall, and to acquaint
him that his presence was necessary in Court.
Mr. Wontner soon returned, and acquainted the
Court, that he had communicated with the Sheriff,
in the Hall-keeper's Office. His answer to the Court
was, that he was ready to attend the LORD MAYOR CO
the Court of Hustings, but he had nothing to do with
the,Court of Session.
The linconnan—Tell the Sheriff that it not the
Lord Mayor who requires his attendance,* that it
is the Court.
' Mr. Wanner again waited upon the Sheriff, and
brought in hip answer to the effect, that if his at-

tendance was required by the Coutt, an-official note
should be sent tohim to that- effect.
- The RWORVER—TeII Mr. Sheriff Parkins that the
Court requires his immediate attendance, and the re-
fusal
to obey the order.win be at his peril. -
These messages caused considerable sensation in
tb4PCourt ; but soon after, a cry of—" Make way for
the Sheriff r was heard.
Mr. Sheriff PARKINS having entered, walked up
to the Lorin MAYOR and said—" rhti you wish to
speak to me, my Lori ?"--LORD MAYOR—No, Sir.
• The RECORDERIE is the Cdurt, that requires your
attendance here, Sir.
Mr. Sheriff PARKINS-4 wish
The RECORDER—I shall suffer no altercation here;
the business of the Court must proceed.
Alderman Sir C. HUNTER-4C is the order of the
Court that you attend here.
Sheriff PARKINS—Then I am here.
Alderman Sir C. HUNTZR—Then sit down, Sir.

The Sheriff then sat down.
The RECORDER, in charging the Grand Jury, said,
he had looked carefully into the Calendar for the.
City of London, but did not perceive anything of
peculiar atrocity. The crimes were, in fact, such as
were every day committed in great and populous
cities. It seemed to him, therefore, that no question
of law or difficulty was likely to arise.
Thomas Chard and Thomas Jones were indicted
for having assaulted Thomas Cranfield, one of the
nightly watch of the Ward of Cripplegate, under
very aggravated circumstances, on the 4th of No-
vember. There were two others included in the in-
dictment, E. Kay and 11. Thanker. The latter had
been, since the assault, transported, and the former
had not surrendered. __ _ .

The COMMON SERJEANT and Mr. ARALIN con-
ducted the prosecution on the part of the City.
Cranfield said, he was a watchman of the Ward of
Cripplegate. On the 4th of November he was on
duty as usual ; about one o'clock in the morning he
saw Kay and Thatcher coming towards London-
tvall. Kay asked him if one Brown lived there? He
replied in the negative. The two then went over to
Three Nuns-court, immediately after which the pri-
soner Chard passed him. Witness followed him and
saw in the court, Jones, Kay, and Thatcher, whom
Chard joined ; they all affected drunkenness. He
asked them what they were skulking about? and told
them that if they did not leave the place, he should
have them brought to the watch-house. They made
a great noise, and followed the witness in a menacing
manner; he observed that Chard had a stick, and
he sprung his rattle, upon which Jones struck him
with his fist in the face, and Thatcher struck him
across the forehead with a stick. Witness knocked
down Jones, and wrested the stick from Thatcher's
hand. It fell upon the ground, and Chard took it
up and beat him desperately with it. The four fel-
lows then fell upon him, and knocked him down se-
veral times. After a desperate struggle, he succeeded
in dragging Jones to the watch-house. The alarm
obliged the rest to run. Soon afterwards. the other
three men were taken by other watchmen. Witness
suffered greatly from the assault, and was black and
blue on the sides from the beating.
Another watchman confirmed the same import-
ant particulars.
Jones and Chard said they were so much intoxi-
cated at the time as not to know anything of the
circumstance. They were found Guilty, and sen-
tenced to imprisonment for five months.
The Foreman of the Jury expressed a wish that
the watchman should be recompensed.
The RECORDER said the recommendation should
be attended to.
The COMMON SERJEANT said the Ward of Crip-
plegate would, no doubt, amply reward the prose-
cutor for his spirit and attention.

ROBBERY OF THE BRISTOL MAIL.—The Bristol
and London mail coach, which was robbed last week,.
contained several parcels, and remittances to a large'
amount, from tradesmen of Bristol to their corres-
pondents in London. It appears that the thieves
(four in number) took their places on Monday morn-
ing for Tuesday's mail ; and having entire posses-
sion of the coach, had ample time for effecting the
robbery. Two of the villains left the coach at Ken-
sington, and the other two at Knightsbridge. The
coachman was a good deal surprised that all his in.
side passengers should leave him before they had com-
pleted their journey; and, having some suspicions, he
called to the guard to see that all was safe within.
The guard examined, and finding the box under the
seat locked as usual, the coach proceeded. On its
.arrival in. town, the robbery was d scovered ; the
thieves had' unlodked the box, broken the seals of the
parcels; and having taken out the cash, tied them up
again, and re-locked the box. The money already
ascertained to be stolen is between three and four
hundred pounds. When they were starting from
Bath, the travellers were accommodated with a can-
dle in the coach, in order to pass away the time
agreeably ! •
POLITE HIGIIViAYMANt......AS JOSEPH FISHBOORNE,
Esq. was lately returning, in a carriage, from a ru-
neral, in company with his nephew, he was stopped
•on the Athy-road, between Carlow and Magany, by
four footpads, armed with brass-barrelled pistols,
who robbed them of what money they had about
them. It must be acknowledged, however, that the
leader of the party behaved in a very, gentleman-like
manner—having only put Mr. FISHBOURNE to his
honour as to the property contained in his pocket-
book, which was generously returned to him, with a
request that he would take out the notes himself,
and hand them to the Gaptain, who declared that he
was a Gentleman in distress ! The business being
over, the chaise drove off with the company, but the
polite Captain finding that Mr. FISHBOURNE had felt
his great coat behind him on the road, when he got
out ofthe carriage, followed immediately, and havtng
made an apology for stopping them a second time,
handed the coat in, wishing the Gentlemen a good
night, and safe home. The younger Mr. FISUBOURNE
was deprived of his watch by one of the gang, -who
said he wanted to be at a certain place precisely at
ten o'clock, and wished to know the hour !—On the
same night, and it is supposed by the same gang, a
Revenue Officer, of the name of Galbraith, was stop-,
ped on his wa'y from Carlow to Castledermot, and
robbed of cash to the amount of six pounds ten shil
lings, his watch, and coat—but, on his remonstrat:;
ing with them, they honourably returned the latter,
together with ten shillings of the money.

POLICE.

BOW-STREET —Yesterday, Janie: Banks; the por-
ter to Griffin's, Green Man and Still, was convicted
of charging more than the usual porterage for the
delivery of two parcels at Mr. Carstang's. house, in
liampstead-road. •
James Elliott, a journeyman coach-spring-maker,
was convicted of leaving his work unfinished, name-
ly, a pair of stage-coach sorings, which he was em-
i ployed to make as long since as the month of Octo-
ber last, and had not yet finished them. He was
ordered, by the Magistrate, to he imprisoned one
month in the House of Correction.
• min LBOROUCWSTRICET.—JOh Pi Robertson, who'
stood committed on two charges of horse-stealing,
was again brought up • yesterday; and, as mat-the*
Office was much crowded by livery stable-keeperie
who had lost their horses—Mr. Austin, of Wind!,
mill street, entered a new charge against the
soner, for stealing a chesnnt rna:e, on the 24th of
December. He had previously hired and returned,-
with a horse, for which he paid half-a-guinea; bur,
in this second instance, he hired for a mere ride in.
the Park, and ,never returned. Mr. Austin had
given twenty-five guineas foi the mare, and had not
since heard of her. The hostler, who delivered the.
mare to the prisoner, corroborated the testimony
of the last witness, and bdth were positive as to
identity.—An hostler at the Angel Inn, Reading,
proved, in corroboration of Mr. Richards's case, on
a former occasion, that the prisoner was the man
who sold a black horse, at Reading, for 101. and
this testimony went to corroborate the evidence of
Mr. Richards on a former day.—Another charge
was preferred against the prisoner by James Brett,
hostler to Mr. Anderson, of Little Grays-Inn-lane.
This witness proved that the prisoner hired a horse
on the 2d of October, 1817, which he never return-
ed. It was a blood horse, and the prisoner hired it,
for a mere ride, for twelve and gave a false
address, as Mr. Wilson, No. 16, Gray's-Inn-Ware.
This witness had no do:bt. as to iJeality. Mr.
Anommus, on the contrary, felt great coniidence
that the witnesses were nii.staken; and, in support of
his argument, he quoted a- case where many respect-
able witnesses were mistaken, in a case of forged
notes, lately. The prisoner was committed to New-
gate on four charges. _