The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-02-27 00:00:00

HARVEY AND OTHER'S V. PIC'EFORD AND OTHERS.

Sir John Campbell (with whom 'were Mr. Cottinghant and
tdr, Wightman) said the plaintiffs in this action were merchants
in Dublin, and the defendautawere large carriers between Lon-
don and Liverpool, and the action was brought to recover£2lo,
the value of certain goods contained in a box which had been
Wilt 'by the defendants'-batre. from Mesits. Ellis and. Co., of.
Lendon, addressed to the p aintiffs,tn the care of Messrs. Camp-
bell and Crawford, of Liverpool, The box had never readied
its destination. The defendants said that. by the,customn of Li-
tefpool all goods were at the risk of the .consignee after notice'
had been given of their 'arrival. The plaintiffs did not deny
this, but 'raid they Were entitled to reasonable time to fetch them
awry, and ilisue was joined whether the plaintiffs had sent to
the *flarfjp reasonable time.
I-I enry V. Rudd.—Campbell and• Crawford, to whom I am
aert, are ship-brokers at Liverpool. Between half-past two
and three o'clock on the 30th of. January, we had notice from
defendants of a box having arrived Gar us. I signed the book
tickeowledging the receipt of the notice.
Wi 'I4. Cornfer.-T4 am a merchant at Liverpool, and am
agentto the Belfast branch of the Dublin Steam Company at
Liverpool. If notice is given to a party at two .o'clock in Ja-
nuary, it trould be tdo late to Ship goods for Dublin - the same
day. They thed remain at the wharf during `he night. It is
endosed With a wall and gates: It is the custom at Liverpool
st all the • wharfs except the. Duke's to sign as receipt for the
gikidst They have not a place at the Duke's wharf to stew the
*od,. All the London goods that core by canal come to the
Duke's wharf. .

_ .
- William Campbell.--1 am a merchant at Liverpool. I pro-
bably Should not send for goods that afternoon' in January, if I
did not receive the freight-note till two o'clock.
• By a Juror.—We make a distinction as to the Duke's wharf,
because the goods are more exposed.
William Cash, formerly a merchant at Liverpool.—lf the
freight-oete was not delivered till half-past two o'clock, it is not
unusual to allow the goods to remain till nest morning in the
winter time.
The Attorney-General then addressed the jury for the de-
feetiatits. He believed the substance of the defence was al-
ready before them, but the defendants considered that, filling
the responsible situation they did, it did not become them to
sail as close to the wind as possible, but that they shoukl give a
full and satisfactory answer, to enable the jury to do justice be-
tween the parties upon the facts of the case. He contended
that the goods were to remain at the risk of the consignees, but
he should be able to prove that the box in qnestion was taken
away on the 30th. The defendants received but a small sum
for fieight, and endeavoured to do the best they could for the
benefit of those who intrusted, them with their goods. • The
learned counsel then stated the evidence he should•produce,
which he considered would entitle the defendants to their -ver-
diet.
Samuel' ar r y.—The whole of this book is in my writing. On
the Oth of January, 1831, I delivered a notice to Campbell and
-Crawford: Y left the wharf at ten o'clock, and delivered the
notice at their place about eleven o'clock. I can tell by. the
round I went, and by this book. I returned home fromdeliver-
lug the notices at half-past two.
Sir J. Campbell replied at great length.
Lord Deuinen said the question was, whether Messrs. Camp-
bell and Crawford had sent in reasonable time. •
The fury, having retired,• on their return said they found a
ipec ial verdict, that reasonable time had not expired.—Verdict
fur the plaintiffs for £2lO. • •

FOREIGN INTELLIGENCE.

CHINA,

. ACTION OF THE BOGUE FORTS.

• At halfspast twelve on the 7th -September, his Majesty's ships
-Imogene and Andromache, under the command of Capt. Black-,
wood, got under weigh to proceed through the Bogue. A Air
*to initnetliately perceived among the war-junks in Anson's
Tay, and the Chunpee and Taykoktay Forts. All of them at
first eonimenced firing blank cartridge, and the two forts fol-
:lowed it up immediately with swot, which, from the distahce,
fell far short and astern of his Majesty's ships. The junks,
about a thiten in number, got as far as they could into 'the
ishoaly recesses of Anson's Bay. As his Majesty's ships neared
and got within range of the Bogue forts, the wind suddenly
tihifted to the north—the Imogene standing towards SVangtong
fort on one tack, and the Andromache towards Anunghoy oh
the other, The Imogene waited until Wangtong had. tired
tetreral shots, when, the last one having nearly reached her, was
answered by two; another was answered by two more in quick
etibeessibua the Andromache in the meanwhile returning the
fireof the Annughoy battery with several well-aimed shot, some
Of Which plunged into the 'parapet with prodigious effect, and
raised clouds of dust, while others passed clean through the
embrasures. The British fire, while it lasted, silenced the forts;
but, as it soon appeared that any pause on the part of the ships
'produced a renewal from the batteries, it became necessary to
discontinue the order to "cease firing on the maindeck." fhe
action was most brisk on getting into the middle of the channel;
but the Chinese fired like men in a panic, aiming very wild, or
rather letting fly as the ships arrived, nearly at the line of fire
for each gun as it was laid. There could not have been much
reloading or training of the guns, after the first discharge. The
only tolerable firing was on the part of Wa.ngtong fort, on the
island, from which the Imogene received several shot, one of
them coming through the side of the quarter-deck, knocking
down and slight's' bruising a seaman with the splinters, and
grazing the fore part of the mainmast; a great many more
passed between the hammocks and the awning; and the inte-
rest *hick mile, hew 'to this species of argumentation, took in
such i splendid sight, on a fine day (which it was), now and
then received a rude interruption by the whistling of a shot
close to. the head. The whole of the slow, working passage
weetipied nearly an hour and three quarters, during which the
frequent tacks so often exposed his Majesty's ships to be raked
by the batteries, that the little or no damage experienced from
the enemy sufficiently demonstrates their want of steadiness
end skill. They ought to. have sunk both ships. The round
stein armaments proved extremely useful. The perfect indif-
ference with which the Louisa cutter was manoeuvred through
the passage by Captain Elliot, sitting upon deck under an
umbiella., must have provoked the spleen of the Chinese, for
leveret of their shot struck her—one of them cutting neatly a
third through the mast, and another injuring the gunwale of the
jelly-boat.. The Lasears behaved extremely well ou this occa-
sion; the cutter being, on some tacks, nearly as much exposed
to the tire tif her friends as of the forts: Soon after having
effetted the passage, and hammered. the batteries to their per-
fect satisfaction, the wind obliged his Majesty's ships to anchor
bolo* Tiger island. en.., -
Perpetual calms or baffslk *irs kept .:pent at anettor here
until the afternoon of the 9th when they 'Weighed to pass Tiger
island. In the interim the qinese were observed very busy in
adding to their means of annoyance, a number of boats bringing
additional eapplies of arms and men-; and a parade of some hun-
dred match-lock men took place on the rampart. As the ships
got under weigh with a fair lireeze; the larboard guns were duly
trained and prepared. The battery reserved its fire longer than
ire expected, but the moment the first 6hot had passed the ships'
bows a most tremendous and well-directed cannouade was opened
from them. The shipa steered close under the fort, nut more
Ahisn 21)0 jrards from it, the. parapet overlooking them. The
crews gave e loud cheer just as they got in front of the battery,
and thh effect was evident in slackening the enemy's fire. Some
grape shot cif a rude-cast reached the ships in a spent state,
Which was answered with grape and cannister, and the musketry
nrihe marines and top men- Ohe.of their shot killed the captain
ref the Imogene's forecastle,' and three more were woutided,-but
not severely. The Andromache had a seaman killed on the
niiiindede and three wounded. Sb many thirty-two pOuuders
entered-the embrasures, or shattered the stone parapet, that the
Chinese loss must have been considerable. A Jos house within
the fort was a heap of shins. This battery got very severely,
punished, more business having been done in. a -shorter time
than on the former occasion. The ships then anchored below
second bar, from want of wind.