Star.
London, England, 1818-01-17 00:00:00

in, and ott if Oft; no/ ptit up td sale : all the =le-
-1 able part was not put up to auction ; witness was
employed in the Blister, which did not accord, and
'was closed in February, 1811 ; Mr. Mist's room
looked into Salisbury-coutt ; the windows had no
shutters ; witness often Went to the premises ; there
was a bit of candle there ; there were a great num-
ber of phosphorous bottles in earthenware, for the
=of sale, which did not answer ; they were
in the stook ; witness was at the premises
the preceding day and the same day ; was in Mr.
Mist's room the day of the fire from a quarter to
half-past twelve, to tell Mr. Mist that he had not
tted an account with Mr. Blake, in Essevstreet ;
Mr. Mist was not them but every thing was safe ;--
Mr. Mist's door, when he was ndl there, was usually
locked. An account was produced which witness
lieved he had given, and which varied from the
esent account, but the Jury thought, that in the
absence of all documents, and so immediately after
the fire, correctness could not be expected. On his
re-examination, witness did not see what Mr. Mist
wrote down. It was not in the witness's department
to value the looking-glasses. In answers to questions{
from the Jury, witness told Mr. Beetham that the
looking-glasses were worth 500/. There had- been no
I
fire that day in Mr. Mist's room.
Thomas Wagstaff left Mr. Mist's premies in No:
veinber, 116, when the value of the stock was above'
2000/. ; believed there were about 1400/. or 15001.-
worth left after the last sale, exclusive of the looking-
glasses, which were worth at least 50U1. Witness
knew what Mr. Mist had-given for the glassel. Thai
petty cash expended in fitting up the Bazaar wet'
above 531/. including wages and some of the mkte-:
rials. Witness also deposed to various cuticles upon
the premises.
George Polley, again called, produced a copy of
the account of stock taken from Mr. Mist's books ;
1 the . value book without the glasses. Witness has
revery reason to believe that every article in the ac-
count was on the premises at the time of the fire.
• Mr: James Davenport, of Longport, in Stafford-
shire, saw the stock about three weeks before the
fire ; was in treaty for the purchase of the whole.--
The stock was taken by, Polley at the request of Mr.
Kist and witness : witness was there several times
While the stock was taking, but left London before it
was finished. Mr. Mist gave witness a rough sketch
tithe stock ; witness formed a rough estimate with
the view of becoming the purchaser.; witness made
Mr ,Mist an offer for the whole of 25001. Witness
tlaa an opportunity of seeing if the account was cor-
nett ; the account contained the cost price ; witness
saw enough to shew that he should not be doing
wrong in giving 2500/. for the whole, with a view to
a profitable bargain ; Mr. Mist refused the offer, and
wanted 3500/. besides • a further sum for the lease
which witness did not think of much value. Either
witness or his partner, if they had not heard of the
fire, would have come to town to continue the n
ciation.—On his cross-examination, he said, that ''s
partner was the assignee under Mr. Mist's coin s-
sion ; witness was a creditor of Mt. Mist's to the full
amount of the 2500/. Mr. Mist was to have
ready money, but the greater pars to liq
miS
the_claims of witness and-Ids-pattrier, all but I -
upon the bond debt ; ptitness =vex -
for the icood will, ,tiottvithstatiding..itasras. ,
itsh ' ed bustnessin Fleet-street.
' Mr. Justice Bavtly—" But you know, Mr. Scar-
,isito
that the fire would consume good-will and
°thing."
Tr. Woodhouse, Solieitocto. Mr. Davenport, :en-
tered into treaty with Mr. Mist before Mr. Davenport
came to town on the 18th of March last ; Mr. Da-
venport left town on the 9.2 d of April ; witness re'.
ceived a letter from the Davenports on the 23d of
May, desiring him to send to Mr. Mist, and say
Mr. Davenport would be in town to treat for due l
purchase on the Monday following. Mr. Mist's debi
to the Davenports did not exceed 2300/. It was
agreed that the commission should be superseded in
September, 1317.
Robert Boyd was foreman when the Bazaar fixtures
were put up ; they cost 141'll. in wood work only.
'MI. Justice BAY.LIT—" Does your case go to
,shew that ,any of the property was removed before
the fire?" _ _ _

SCARLITT-.-44 No, my Lord ; we only mean to
contend, that no person would have given so much
for the property as Mr. Davenport offered."
Mr. Justice BAILEY—" I think it would be hardly
likely that a person possessed of such valuable pro-
perty would commit a capital offence."
Mr. ScAntErr-4, That is a matter of reasoning.
lily Lord ; but if a person lays out money foolishly,
it leaves room for a fair presumption. We do not
mean to question that Mr. Mist, when he effected
the insurance,' did not conceive he had property to
the value insured."
' Mr. Justice BAYLEY—a Ido not apprehend that
qnstrrance Offices do themselves much good by pro-
secutions of this nature, unless. there are stronger
grounds than appear to ine at present to eaist."
several tradesmen employed in fitting up and
painting the premises, spoke to the value of the work
done. r

Mr. John Duddel, an oibnan, saw the plaintiff at.
about eleven o'clock ost the morning of the the ; they.
agreed to dine together, and afterwards to go to Wy-
combe to look at a house the witness had
that the plaintiff should take from a CaptapirrtZdt.
On their way back to town they saw a fire. which
they were told was in Wapping ; their informer ad-
ding, that it was not so bad as one that had happened
at the Bazaar in Fleet-street. The plaintiff was ex-
tremely anxious to go to Fleet-street, but the witness
prevented him, as it might not be his premises, but
another Bazaar in Fleet-street, and.if he were wanted
he could be sent for. When they afterwards went to
.Fleet-street, the fire was nearly extinguished.
The plaintiff's case being closed, Mr. Scanterr
addressed the Jury for the defendant, observing upon
the painful but imperious duty cast upon tire-As-
surance Offices, to resist a claim when there was rea-
son to think that that claim was founded in fraud.
The policy of some foreign states prevented the esta-
blishment of institutions of the kind, on the supposi-1
tion that the temptation was often too great to fie re-
sisted, and that crimes of the most atrocious nature
would be encouraged by those contracts here deemed
. perfectly harmless, or perhaps even a useful
t tance between man and man. Be it as it might, it
was ar. ascertained fact that in Great Britain, where
I so many Assurance Companies e.iitcd, fires were more