Star.
London, England, 1810-09-03 00:00:00

ASSIZES.

MAIDSTONE, AUGUST SI.
AANDOM V.IIILTON AND OTHERS.
This was an action by the Assignees of one John
Sandon, a bankrupt, formerly a wine merchant at ,
Deptford, against the Kent Insurance Company, to
recover the sum of 02000, alledged to be lost by the
burning of his warehouses at Deptford. .
The defendants pleaded several matters ; princi-
pally that the bankrupt had feloniously set the pre-
mises on fire—that he had given a false account of
his loss—that he had not produced all his books of,
Account which were saved, and that he had not made II
a true disclosure of the facts, and of his loss.

Mr. Serjeant BEST opened the case on the part of
the plaintiff, in which he stated that the fire happened
on the 10th of February, 18U9, most probably from
the circumstance of a lighted candle being carried
into the packing room over the warehouse, in which
was a large quantity of straw ; and that he should
rebut the plea imputing misconduct to the plaintiff,
by giving evidence that he did every thing at the
time which an innocent man would naturally do.
He then called a witness of the name of Smelt,
who lived clerk with Sandom, and he gave the follow-
ing account of the transaction :—That about nine or
ten o'clock of the morning of the fire, Mr. Sandom
went into the warehouse, and soon after called to him
to bring him a candle, which he carried to him in a
cleft stick. The candle was wanted to examine some
iron-hoops, to see whether they had the King's mark
or 'not. While they were thus employed, he heard
the horses tramping about below, they having broken
loose. He went down into the stable, and as he was
going to town that morning with the gig, he took the
opportunity of being below to harness the horse.—
While he remained below, he saw Mr. Sandom come
out of the warehouse and go upon the wharf, but did
not observe whether he jud the candle in his hand or
not. The witness then again went into a room be-
low the packing-room, to change his dress, and while i
there he heard a crackling noise above, and looking
through a trap which was in the ceiling, through
which they let down goods, he saw a smoke, and
going up stairs he discovered the straw (of which
there were two loads and a quarter) to be on fire.—
Upon his giving the alarm, Mr. Sandom immediately
bailed two ships which lay in the River, opposite the
wharf, one of which was the flag ship, and from
which an engine was sent on shore in a few minutes.
The premises were, however, completely destroyed in
about two hours. During the fire Mr. Sandom did
every thing
.in his power, and put his life several
times in imminent danger, for which some bye-stan-
ders remonstrated with him without effect. The wit-
ness afterwards examined the ruins, and discovered
the ledger much mutilated by the fire, and which he
stated was all that was saved from the conflagration.
The booki of accounts were all kept in a counting-
house above where the fire broke out, as a new one
building on the wharf was not then fit for use. He
then gave evidence as to the property in the ware-
house, but could not recollect much of what was CQII-
- in the account delivered in by Mr. Sandom:

ri•nitt a long eta able ePast-Lltenination b Mr.
CARROW, for the defendants, it appmed, however.
that for some time previous to the fire, Mr. &adorn
. had been under great pecuniary embarrassments, and
. had been frequently arrested, and had executions 0*
his goods ; and it likewise aprared, that on .he
' morning of the fire the witness had, by Mr. Sandom •
`order, removed the day-book and order-book front
the old to the new counting-house, where they remain-
' ed for a considerable time after the fire, and that in
tthe course of the day oil which the fire happened, the
witness saw Mr. Bandon.' enter a memorandum in ths
day-book of the accident.
Upon this evidence Mr. Serjeant Bur Interfered,
and stated, that as the issue as to the non-production
' of the books of account was against the plaintiff, he
should not pursue the cause farther, bnt should sub-
mit to be nonsuited.—Plaintiff nonsnited.
iSPENCER v. C•LLMS.
' This was an action of trespass, for breaking and
entering into the plaintiff's land, and making a turn.
pike road through his fields. The road In questioft
is a new piece of road, made by the trustees of th•
roads, leading through Wrotham to Maidstone ; and
the question was, Whether they had not exceeded
the limits of their jurisdiction ? By the Act thee
were empowered to make the road to and fro=
I Wrotham; but the line of road they had actuaUr
made wholly avoided the town, and went at &It
back of it.
ILord ELLTNIOROUGH observed, thit could neuter
be said to be a road to a town which carried you be-
yond it; without encountering a single habitation.—
The consequence was, that the plaintiff had a verdict,
by which means, as the mad
.is already made, the
Trustees must pay him his own price.
This cause concluded the Assizes on the Civil
Side.—On the Crown Side the causes were wholly
uninseresting.
Samuel Baas, IP. Kemmt, and IV: Regeles, who were
charged with the murder of James Lewis, a soldier in
the '3Bth Regiment of Foot, at Folkstone, some time
since, were discharged ; the Grand Jury having
thrown out the bill against them.
James Giles and Abraham Hawihv, two horse deal-
ers, who were committed for a rape on Hannah Mar-
' shall, at Benenden, in this county, were admitted to
bail, on an affidavit, that the prosecutrix bad disap-
peared the night before the Assizes, and could no
where be found.