APPENDIX TO CHRONICLE. 253 



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plaintiff's premises, and observed 

 the fire before 2 o'clock on the 

 23rd of May. The witness, and 

 Messrs. Cook and Smith, first 

 entered by a ladder, and going 

 into the great wareroom on the 

 third floor, and near the door, 

 they saw fire ; stooping down, 

 the witness was able to touch 

 with a stick what was burning, 

 and it fell and appeared to be a 

 bundle of papers. He gave the 

 alarm immediately, and going 

 down stairs to the room below, 

 he perceived that the ceiling was 

 on fire, but that was all. The 

 bundle of papers was about the 

 size of half a ream of paper, and 

 did not appear to contain any 

 combustibles : he could perceive 

 fire no where else on the premises. 



Mr. Geo. Smith, of St. Bride's- 

 passage, gave nearly similar evi- 

 dence relative to the first dis- 

 covery and appearance of the 

 fire : he could not penetrate 

 through the smoke so far as the 

 last witness, but he called out 

 fire from the front window ; he 

 went away to secure his own 

 property, which he thought in 

 danger. The bundle was paper, 

 and probably had been burning 

 for some time, as the wood work 

 was discoloured near the closet, 

 and the top seemed as much 

 burnt as the bottom. 



Mr. Thomas Jenks, who lives 

 at the opposite corner of Salis- 

 bury-court, was called, but added 

 nothing material. 



William Fenton, a plumber, 

 was at work at the top of Mr, 

 Jenks's house, and at about 20 

 minutes before 2 o'clock he saw 

 smoke issue from the garret 

 window above the room occupied 

 by Mr. Mist ; the flame did not 



come thi'ough the window, but 

 the glass broke in consequence of 

 the heat, as the floor was burning. 



James Coats, another work- 

 man who was with the last wit- 

 ness, gave nearly the same rela- 

 tion. 



James Lynd was recalled. — 

 He did not see any fire in Mr. 

 Mist's room; but there might 

 have been without his observing it. 



Mr. Cook accompanied Lynd 

 and Smith when they entered the 

 house ; he went down stairs to 

 open the back door after he had 

 got in at the window, and return- 

 ing he saw a great blaze rising 

 from one place occasioned by the 

 opening of the windows. The 

 witness was not more than three 

 or four minutes up stairs. The 

 door of Mr. Mist's room was 

 locked, and if there had been a 

 fire in it he probably could not 

 have seen it. 



Mr. Beetham was called to 

 speak to some declarations by the 

 plaintiff relative to the sum he 

 was to receive from Davenport 

 for the lease, fixtures, and stock, 

 which appeared to disagree with 

 what had been sworn by that 

 witness. Mist had stated that 

 he was to receive 3,000/. 



Some of the witnesses were 

 recalled, but they added nothing 

 material. 



Mr, Justice Bayley, notwith- 

 standing an expression on the 

 part of the jury that they were 

 satisfied, wished, in summing up, 

 to say a few words upon the 

 amount of damages, and upon 

 the conduct of the plaintiff. With 

 respect to the last, his Lordship 

 concurred, that as it was the 

 bounden duty of insurance offices, 

 when circumstances of great sus- 

 picion 



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