The Sun. — 1863-12-24 (London, England)

REUTER'S TELEGRAMS.)  The protracted trial in the Court of Queen's Bench, which so much affected the interests of our merchants and shipowners, has at length been brought to a close. The verdict of the jury is, all things considered, highly satisfactory, inasmuch that, although ostensibly for the defendants, they have yet so qualified it that no official slur rests either upon the plaintiff or his agents. It would be much to be regretted if a long and honourable career should not stand a man in good stead when he enters upon a doubtful contest, in which, to say the least of it, he has not a good case. So far as private interests are concerned, the matter might rest here ; but there are circumstances connected with the loss of the Harbinger, and tke subsequent trials, which must result, sooner or later, to the advantage of our mercantile marine and the nation at large. The case in question is simply this :—The Harbinger, an iron steamer of some 600 or 700 tons, originally built for her MAJESTY'S service, was sold out of the navy, and eventually came into the possession of Mr. LINDSAY'S firm, and was despatched to trade between Calcutta and China, on which service she was engaged for upwards of two years. In February, 1859, she sailed from Calcutta for England, and at this epoch her misfortunes began. Encountering bad weather on approaching the Cape, she put into Algoa Bay for shelter. On the weather moderating she again put to sea, only to be driven back—this time with a leak in one of her bottom plates, which, on examination, proved to have been caused by one of the rivets having given. This defect being temporarily repaired, she once more started upon her voyage, but with no better success than before, for having again to return to Algoa Bay she was considered to be strained, and several boltheads were reported to have given way. Upon this the captain decided upon the extraordinary course of proceeding personally to England to consult the owners as to how he was to act. He reached London in safety, obtained some £4,000 from the underwriters, and returned to Algoa Bay, where he found the ill-fated Harbinger still afloat, notwithstanding that several heavy gales had been experienced in that roadstead. It was discovered upon the arrival of the captain that the ship had somehow or other sprung a considerable leak in her bottom plates under the pumps, and, to make a long story short, although there was a chance of saving the vessel, either by heaving her down in Algoa Bay (the cargo having been previpusly transhipped), or else of running for Simon's Bay, a distance of about 500 miles, where she could have been properly overhauled. The captain, acting on his own judgment, sold the ship and engines for an old song in the interest of the underwriters, and his owners forthwith claim from them the full insurance, as though the vessel had foundered at sea, or been dashed to pieces on an iron-bound coast. This is but a short summary of the events, but upon these and the verdict of the jury we wish to make a few observations. We ought not to be surprised, when medical men of the highest standing have the assurance to assert that a man is insane because he commits a murder, that gentleman of nautical experience should gravely maintain that a captain is justified in abandoning his ship because she has sprung a trifling leak. The usages of the service require that the captain, as the responsible agent fur the owners and most experienced man on board, ought. to stand by his ship when she is in difficulty. If it were necessary to refer to the owners for ulterior instructions, he could surely have sent a substitute. Had the state of the Harbinger been as critical as the witnesses for the plaintiff would have us believe, it is not probable that she could have weathered a succession of gales in the 'roadstead of Algoa Bay during the period which must necessarily tuied have elapsed when the captain was absent. It is , aoesruard to suppose that during that interval there ware not abundant opportunities of running Bay, thatAg ai,ns h, ee vm b e heen lothe ight . When the at captain Nemesis, his. ship, he had no excuse (ordstrm°Yieg her for the first of the light draught ea to la Ssti rejoined in 3 East India service, made her voyage round the Cape, she encountered heavy ironsetnrs built for the