The Statesman.
London, England, 1821-01-16 00:00:00

COURT OF COMMON PLEAS.

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LOWER r. lIERWOOF.

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Yesterday, Chief Justice DALLAS sat at Guildhall to
hear adjourned causes.

Mr. Serjeant VAUGHAN stated the plaintifrs case,
be said his client was a broker in Liverpool, who had.
In the month of Jan. ltll.l, entered into a charter party
weak the defendant, who was a ship owner, to sail from
the island of Fayal to Rio Janeiro, with a cargo of
wine. In consequence of which agrectingit the vessel
sailed soon after from Liverpool to Cork, and fesim
thus to Faye!, from which latter place she sailed for
Rio Janeiro in the month of May following, with a
cargo of wine, ,which bad been shipped on the plain.
Ctrs order, and which was of the value of 7,2831. first
cost, by which adventure the plaintiff hail a very rea-
sonable expectation of making a considerable profit:
but instead of the vessel arriving at the usual time,
she did nut reach her destination for upwards of a
year, and then w ithout the wine, which the Captain
of the vessel stated he had sold at Pernambuco, where,
be said, lie hail been driven by stress of weather, and
obliged to repair his vessel, to pay the expense of de-'
ing which he pretended be had been obliged to dis-
plse of the plaintiff's property. But the Learned
Counsel said he would prove, beyond all possibility of +
doubt, that it was not stress of weather, nor any sa-
sh:tory danger of the seas : but that it was the most !
h'•sntted ignorance, on the part of the master, that
made him put into Pernambuco.

The evidence for the plaintiff having been gone
o:rough.

Mr. Serjeant LENS addressed the Jury on the part
of the defendant. lie said it was a mere chance
whether, if the Hope had made the shortest poi.ible
voyage to Rio Janeiro, her corgo could be sold at a
prof,/ ; but this was a p ►int which he did not think it
necessary to insist on, as he would satisfy the Jury
there was no just cause of complaint against the Cap-
tain fir wantof the ordinary skill of the masters of
merchant vessels. With this view he called several
witaesses.

The t,itrr JUSTICE recapitulated the evidence to
the Jury. He ctitl molting but absolute necessity
could justify the sale of the plaintiff? pro;ierty, but
they must judge whether that necessity slid nut exita,
when it was sworn that the vessel hail nine r•et water
in her hold, and that money for repairs could nut be
raised in any other way. On the question of the Cap-
tain's competence, they must decide between very con-
flicting evidence, recollecting that there were degrees in
the scale, and that although he might be very infe-
rior to the high nautical characters that had been
eAlled by the plaintiff, yet if they were of opinion
with the defendant's witnesses, that he had steered
en ;11 a course as was often steered with success, and
by persiws of competent skill, they must consider that
im was also competent.
The Jury, after a short consultation, found a ver-
dict for She plaintiff, s,lssi.

A Juryman said, the}• had determined that the Cap-
tain was• incompetent, which the Chief Justice cob-
senredf ias exactly the question at issue.

Extract of a letter from a correspondent in Clones.
County blonaglean, Jun. 9, 1621 :—Vesterday 1 saw
in this place a newly born male infant, which excited
my feelings not klittle--.4 perfect monster in appear-
ance. I may sax. It had two heats and three arms,
two of the arms on the leftlide. On one of its hands
were two tlitionbs. The f.pis were strikingly like each
other, the features perfect and proportioned. It was
exhibited to hundreds, and is, as 1 understand, to be
preserved and sent to Dublin. To save the woman's
Life tlett child was obliged to be destroyed. The us,-
- ther is a youpg.uumarried woman, and resides about
two miles from ibis. The chi'd was full grown, and
each of the heads as large as that of a well sized new
burn infant.—(Morning P.a.)

On yridai night, abont 11 o'clock. an *Liming fire
• broke out in the extensive premiss of 3lessr.. Siwitlt
IKar-bakers, Dean-street. Mile Fut!. New
'fore the Baines meld he sniulued, the buiet
tkr.-werr entirety destroyed. The amount
tauukgr issnimuted at t:21)11,t)lie.

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