APPENDIX TO CHRONICLE. 289 



bier's vessels ; the ships that 

 came from England formed a 

 part of the general fleet ; and 

 whatever Lord Cochrane's merits 

 may be, they are not of a nature 

 to destroy the rights of Lord 

 Gambier. The service is con- 

 nected in its very origin, and it 

 will be difficult to show how it 

 was dissociated. It is true that 

 it was effected by the fire-ships, 

 but the inshore squadron was 

 advanced to receive the men from 

 the fire-ships. On the next morn- 

 ing the conabined operations were 

 continued. Whether the whole 

 or only a part of the fleet engaged 

 is of no sort of consequence. 

 Lord Cochrane made signal for 

 further assistance, acknowledging 

 thereby that the fleet was in a 

 situation to afford it. Some 

 censures are thrown in the act on 

 petition on Lord Gambier; but 

 the conusance of complaints of 

 that nature, although it formerly 

 belonged to this Court, is now 

 happily transferred to another 

 and more competent tribunal ; 

 but still the very charge of neg- 

 lect implies an admission on the 

 part of Lord Cochrane, that Lord 

 Gambier commanded the enter- 

 prise ; how else could he be con- 

 sidered as answerable for the 

 consequences? In the present 

 case, the fleet is not removed by 

 elongation, for it was not above 

 five miles from the scene of 

 action. The operation is not by 

 detachment, for all were employed. 

 There was no separate control, for 

 the whole takes its orders from 

 Lord Gambier. All contributed 

 to produce the effect, but with 

 different degrees of activity. Tlie 

 whole service, whether principal 

 VOL. LX. 



or auxiliary, was confided to and 

 directed by Lord Gambier : 

 " Servatur ad imura 



" Qualis ab incepto." 

 If I am wrong in the principles I 

 have laid down, I am wrong alto- 

 gether ; but my present impres- 

 sion is, that the whole fleet is 

 entitled to share in the head- 

 money. 



The court suspended the ques- 

 tion of costs. 



COURT OF KINGS BENCH, THURS- 

 DAY, JULY 2. 



Sittings for Londov, before Mr. 

 Justice Abbott. 



Currey and others v. Willan.— 

 The plaintiffs, who reside near 

 Thirsk, in Yorkshire, brought the 

 present action to recover from 

 the defendant, proprietor of the 

 Glasgow Mail, the sum of 200/. 

 being the value of a parcel in- 

 trusted to his servants, and for 

 which they had never accounted. 

 The short facts proved were the 

 following: — The plaintiffs being 

 desirous of sending 200/. to Lon- 

 don, addressed to Messrs. Smith, 

 of Bow-lane, went to Messrs. 

 Britton and Co. the bankers at 

 Ripon. On making the neces- 

 sary deposit, a Mr. Robinson, 

 clerk to Britton and Co. put up 

 in a parcel 160/. in one pound, 

 and 40/. in two pound Bank of 

 England notes. He addressed 

 tliem as directed by the plaintiffs, 

 and carried them to Mr. Farrar, 

 the post-master at Ripon, stating 

 that it was a packet of val ue, and 

 requesting that he would send 

 his boy with it to Borough-bridge, 

 that it might go by the Glasgow 



U mail, 



