Carlisle Patriot, 26 Nov 1825 - Local News (2)
petra.mi...@doctors.org.uk
Saturday 26 Nov 1825 (p. 3, col. 2-4 + 6) [continued]
COURT OF KING'S BENCH, NOV. 21.
TOLSON, ESQ. v. DYKES, AND SAME v. FISHER.
The Attorney-General moved for a rule calling upon the defendant to shew cause why the venue in this case should not be changed from Cumberland to Derby, or to some other county of the Midland Circuit. This action related to considerable portions of land in the county of Cumberland, and involved the interests of several gentlemen who usually compose the grand and special juries in that county; and for those reasons the lessor of the plaintiff did not think that he could have a fair trial in Cumberland: but, independently of these circumstances, he had an affidavit, stating that at the usual dinner given on the Commission-day of the last Assizes for Cumberland, by the High Sheriff to the gentlemen usually summoned upon the grand and special juries, the defendant, Mr. DYKES, was one of the party. After dinner the defendant left the room, and the following toast was proposed and drank with acclamation, "Mr. Ballantyne DYKES, and success to him in the cause in which he is engaged." * The lessor of the plaintiff having been informed of this circumstance, was of opinion that the cause could not be fairly tried by gentlemen who drank the toast, and withdrew the record, which had been sent down for trial at the Assizes.
The Lord Chief Justice—I think you have laid sufficient grounds for changing the venue from Cumberland, but upon what ground do you rely for moving the venue to another Circuit?
The Attorney-General said, the lands holden in the different northern counties were so connected that the influence which the lessor of the plaintiff apprehended in Cumberland would prevail in the other counties.
After a few observations, the Court granted a rule, calling upon the defendant to show cause why the venue should not be removed to Lancaster or York.
* Another London paper thus reports the Attorney-General to have said:—"At a public dinner given by the Sheriff attended by the Grand Jury, also by Mr. Ballantyne DYKES, the defendant—after dinner, Mr. DYKES left the room, when the chairman,—no, not the chairman, but one of the company, proposed as a toast, "The health of Mr. DYKES, and success to him in the cause TOLSON against DYKES." That toast was drank by the major part of the company; among whom were those of the Special Jury summoned to try these actions."
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On Friday evening, the Diana, LOOKUP, from Miramichi, bound to Dumfries, put in at Whitehaven, after a passage of 28 days, having left that settlement on the 22d of October. She brought home sixteen passengers (all Scotch) who escaped the dreadful conflagration. STODDART, one of these passengers, says that his father, mother, eldest brother, and three sisters, were all burnt to a cinder. Another said that he made his escape from his bed, and got into the water for safety, where he remained several hours, and with difficulty saved himself even in that opposite element; that during the time of his immersion, the hurricane and fire raged with most frightful violence, and so rapidly did the flames run from place to place, his bed-fellow did not succeed in making his escape, and was burnt: indeed, the fire in some places, it is said, literally flew upon the wings of the wind, travelling at least twelve miles an hour! Cows, horses, pigs, &c. in fact all kinds of cattle, were seen, after the fire, floating down the river in large quantities, having sought the water for safety, but there perished. It is impossible, another passenger observes, to convey an adequate idea of the destruction. The names of several hundred, supposed to have perished, had been given in; but as no correct and complete account could be obtained up to the time of the sailing of the Diana, it is thought that a great number had perished in the woods. The following vessels were at Miramichi, viz.:—The Alexander, GORLEY, of Maryport, was full in her lower hold; the Blucher, BLACK; Collins, WHITEHEAD; Congress, ASHBRIDGE. The St. George, FEARON, would sail in about three days; the William Bell, FARREN, was about half loaded; the Hannah, Newby, was loading.—Whitehaven Pacq.
Maryport, Nov. 24.—The Diana, LOOKUP, which has put into Whitehaven from Miramichi, had a stormy passage, and was ten days in the channel. The seventeen persons on board of her who escaped the fire lost every thing. A man and his wife, and three sons and three daughters, belonging to Dumfries, came here on Sunday from the Diana. They said that Capt. LOOKUP's behaviour to them was kind indeed. He not only gave them a free passage, but made them a present of half a guinea to help them home.
The brig Jane, Capt. JOHNSON, arrived at Bowness on the 23d inst. from Richibucto, which place she left on the 16th of Oct. The following vessels sailed at the same time: the Mary, LEE; the Mersey, SPEARS; and the Rambler and the Traveller. The Charles, FORBES, at Richibucto, had taken on board four tiers of timber; and the Lune, YOUNG, had got in six tiers. The Integrity, WILSON, half laden; the Eleanor, POTTS, ditto. The Jane had a pleasant voyage.
The statement in the last Carlisle Journal that the Linnet had been recovered, is incorrect: she has entirely disappeared: perhaps buried deeply in sand.
The Aid, FERGUSON, from Bucktsh [sic], bound for Bowness, went into the lough of Belfast on the 23d inst.—all well.
The Dykes, ATKINSON, of Maryport, arrived at Dublin on the 20th instant.
The Curwen and Braddyll, PARROT, was ready to leave Dantzic on the 2d. inst. for Maryport, for Mr. WOOD, shipbuilder.
The Donnegal, HATTON, arrived at Garliestown on the 20th instant, 5 weeks passage from Quebeck. The Christian, CHRISTIAN, of Maryport, arrived at Belfast from Quebeck on the 18th, timber laden, in 28 days.
The Trafalgar, CHRISTOPHERSON, and the Anglim, GORLEY, one said to have been water-logged and the other lost, are both safely arrived.
The ship Hercules of Whitehaven, Captain KERR, from London for Liverpool, was, on the 12th instant, off the Smalls, run on board by the sloop Ardent, BOYD, from London for Belfast. The Hercules was struck in some weak part of her hull, and went down soon afterwards. The captain and crew escaped in the boats, and landed in safety at Swansea. The Ardent put into Falmouth on Tuesday. She carried away her bowsprit and injured her stern.
The figure head and part of the cutwater belonging to the brig Jessie, which was burnt to the water's edge off Whitehaven, have been cast on shore near Millom.
From and after the 5th day of January, 1826, all vessels not square rigged, and all boats except whale boats, boats employed in the fisheries, boats belonging to square-rigged vessels in the merchants' service, tow-boats used in towing, vessels belonging to licensed pilots, and boats used solely in rivers and inland navigation, will, in pursuance of the act of the 6th Geo. IV. ch. 108, be subject to seizure and forfeiture, unless the owners thereof shall have obtained a license for navigating the same from the Commissioners of his Majesty's Customs.
sarahre...@gmail.com
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On Friday evening, the Diana, LOOKUP, from Miramichi, bound to Dumfries, put in at Whitehaven, after a passage of 28 days, having left that settlement on the 22d of October. She brought home sixteen passengers (all Scotch) who escaped the dreadful conflagration. STODDART, one of these passengers, says that his father, mother, eldest brother, and three sisters, were all burnt to a cinder. Another said that he made his escape from his bed, and got into the water for safety, where he remained several hours, and with difficulty saved himself even in that opposite element; that during the time of his immersion, the hurricane and fire raged with most frightful violence, and so rapidly did the flames run from place to place, his bed-fellow did not succeed in making his escape, and was burnt: indeed, the fire in some places, it is said, literally flew upon the wings of the wind, travelling at least twelve miles an hour! Cows, horses, pigs, &c. in fact all kinds of cattle, were seen, after the fire, floating down the river in large quantities, having sought the water for safety, but there perished. It is impossible, another passenger observes, to convey an adequate idea of the destruction. The names of several hundred, supposed to have perished, had been given in; but as no correct and complete account could be obtained up to the time of the sailing of the Diana, it is thought that a great number had perished in the woods. The following vessels were at Miramichi, viz.:—The Alexander, GORLEY, of Maryport, was full in her lower hold; the Blucher, BLACK; Collins, WHITEHEAD; Congress, ASHBRIDGE. The St. George, FEARON, would sail in about three days; the William Bell, FARREN, was about half loaded; the Hannah, Newby, was loading.—Whitehaven Pacq.
Maryport, Nov. 24.—The Diana, LOOKUP, which has put into Whitehaven from Miramichi, had a stormy passage, and was ten days in the channel. The seventeen persons on board of her who escaped the fire lost every thing. A man and his wife, and three sons and three daughters, belonging to Dumfries, came here on Sunday from the Diana. They said that Capt. LOOKUP's behaviour to them was kind indeed. He not only gave them a free passage, but made them a present of half a guinea to help them home.
The brig Jane, Capt. JOHNSON, arrived at Bowness on the 23d inst. from Richibucto, which place she left on the 16th of Oct. The following vessels sailed at the same time: the Mary, LEE; the Mersey, SPEARS; and the Rambler and the Traveller. The Charles, FORBES, at Richibucto, had taken on board four tiers of timber; and the Lune, YOUNG, had got in six tiers. The Integrity, WILSON, half laden; the Eleanor, POTTS, ditto. The Jane had a pleasant voyage.
The statement in the last Carlisle Journal that the Linnet had been recovered, is incorrect: she has entirely disappeared: perhaps buried deeply in sand.
The Aid, FERGUSON, from Bucktsh [sic], bound for Bowness, went into the lough of Belfast on the 23d inst.—all well.
The Dykes, ATKINSON, of Maryport, arrived at Dublin on the 20th instant.
The Curwen and Braddyll, PARROT, was ready to leave Dantzic on the 2d. inst. for Maryport, for Mr. WOOD, shipbuilder.
The Donnegal, HATTON, arrived at Garliestown on the 20th instant, 5 weeks passage from Quebeck. The Christian, CHRISTIAN, of Maryport, arrived at Belfast from Quebeck on the 18th, timber laden, in 28 days.
The Trafalgar, CHRISTOPHERSON, and the Anglim, GORLEY, one said to have been water-logged and the other lost, are both safely arrived.
The ship Hercules of Whitehaven, Captain KERR, from London for Liverpool, was, on the 12th instant, off the Smalls, run on board by the sloop Ardent, BOYD, from London for Belfast. The Hercules was struck in some weak part of her hull, and went down soon afterwards. The captain and crew escaped in the boats, and landed in safety at Swansea. The Ardent put into Falmouth on Tuesday. She carried away her bowsprit and injured her stern.
The figure head and part of the cutwater belonging to the brig Jessie, which was burnt to the water's edge off Whitehaven, have been cast on shore near Millom.
From and after the 5th day of January, 1826, all vessels not square rigged, and all boats except whale boats, boats employed in the fisheries, boats belonging to square-rigged vessels in the merchants' service, tow-boats used in towing, vessels belonging to licensed pilots, and boats used solely in rivers and inland navigation, will, in pursuance of the act of the 6th Geo. IV. ch. 108, be subject to seizure and forfeiture, unless the owners thereof shall have obtained a license for navigating the same from the Commissioners of his Majesty's Customs.
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