in half an hour or twenty minutes. Old oil, used again and again, would give an inflammable, but not a permanent gas, at 580. If gas had been formed in a retort, it could not have been confined there, but would have escaped through the pipe. If gas were formed in that court, it would immediately mount to the cupola, where it would remain, unless there happened to be an opening there. In that case it would escape, and the heavier atmospheric air would take its place. All inflammable gases were lighter than common air. There was not, he believed, any gas of an inflammable nature that was not lighter than common air. Looking at the new plan and the old, he had no doubt that the former was less hazardous. He had placed two vessels, one containing a solution of sugar, and the other of oil, in a similar degree of heat; and when the temperature arrived at 350, the sugar produced a species of inflammable gas, which ignited when a lighted body approached it. This could not be done with oil. One great advantage in the new plan was, that the director had a complete control over the heat, which was not so in the other method. The danger attending the boiling-over of sugar was immense; for, of all bodies, sugar produced the greatest quantity of inflammable gas. The oil in the retort was so secured, that it could not have itself taken fire; and if gas had been formed, it must have escaped through the pipe. If a certain quantity of gas could be collected, and suffered to remain in a particular situation, without any means of escape, until it was approached by a lighted body, it would undoubtedly explode, and destroy the whole building. But this could not be the case here. As the house was not air-tight-as there was a regular way by which the gas could escape, if any had been generated

it was impossible that the fire could be attributable to gas. If any explosion had taken place, its effects must have been seen. The oil-vessel, and every thing in and about the retort, would have been destroyed.

Cross-examined. The oil with which he made his experiments was sent to him by Mr Wilson. He hoped that some unadulterated oil was still to be had. He could distinguish new oil from oil that had been used. The latter was thick and gelatinous. He repeated his experiments several times, and found no difference. Sugar generated gas at 350 degrees.

Mr C. Sylvester stated, that he had directed his attention to the apparatus exhibited in Court, with a view to give evidence that day. According to the old mode of boiling sugar much mischief was risked. The new mode he considered to be much less dangerous. The preventing the fire from coming in contact with the pan must be extremely beneficial. He heard Mr Wilson's evidence, and did not differ from him in any thing. He was present at certain experiments that were made on sugar and oil by Mr Cooper. The oil was procured by Mr Wilson. He observed the alteration of the temperature every five minutes. The temperature increased much quicker in the early part of the ope ration than towards the end. The heat was 575 or 580 degrees before inflammable gas was generated. The oil that had been boiled produced gas at a temperature of about twenty degrees less than that which was new. He thought it would be exceedingly difficult to produce such a heat by this apparatus. It would require two or three hours, with the utmost care, to raise the temperature so high. If gas were formed in the retort it would ascend; and there being several apertures, it must escape. At first, it could only accumulate in very small

quantities. Constructed as it was, there could be no combustion in the retort itself. Such an event could not be effected by any leaking of oil into the fire.

H. Coxwell, Esq. Secretary to the Committee of Chemistry in the Society of Arts, had made experiments on the relative combustibility of oil and sugar. He was present at those made by Mr Cooper, and agreed altogether in the account he and other scientific gentlemen had given. The new process was, he thought, infinitely less hazardous than the old one. He thought there was no sort of danger in boiling the oil.

Thomas Hill, Esq. Chairman to the Committee of Mechanism in the Society of Arts, also witnessed the experiments of Mr Cooper, and entirely coincided in opinion with him.

On the part of the defence, the following, among other witnesses, were called.

Dr John Foster, physician, and Lecturer on Chemistry at Guy's Hospital, described an experiment which he had made in Whitecross-street, and which had lasted for 23 days. The temperature of the oil was raised in 20 minutes from 360 to 460, at which point it threw out some highly inflammable vapours, as also jets of flame. He considered the practice of employing it as a boiler to be extremely hazardous; and thought that a conflagration produced by it would exhibit appearances similar to those which were described to have actually taken place at the fire in question. This judgment he formed on the result of his inquiries on a small scale.

This evidence was farther confirmed by that of Mr Children.

John Taylor, chemist and engineer, was next called, and stated, that he had been in the habit of producing gas from oil. With regard to the

possibility of a current of air descending through a pipe or tube, through which the draught generally ascended, it might depend greatly on the state of the wind. A vapour created in the manner referred to would rather coruscate like lightning, than explode with any noise. He was acquainted with the ordinary process of boiling and refining sugar, and did not apprehend that there was the slightest danger attending it. He was, however, of opinion, that the new process was extremely hazardous.

Mr John Martin and Mr W. Daniel, both sugar-refiners, also described the mode in which that operation was carried on in ordinary cases, and expressed their conviction that it was not attended with any risk of conflagration.

Mr Arthur Aikin stated, that he had long made chemical pursuits his study, and about four or five years ago was led to make some experiments on oil. The oil he chiefly used was whale-oil, which was of a viscid and gelatinous nature, and contained a great deal of animal jelly. This, when exposed to a temperature that blackened it, was decomposed, and produced a very volatile and inflammable oil. By distillation, this inflammable quality was greatly increased, and, if poured into the hand, would evaporate like spirits of wine. When a viscid fluid like whale-oil was exposed to the action of naked fire, its carbonaceous substance was decomposed, and formed a stratum at the bottom. There was an accumulation of heat in this stratum, much greater than the degree indicated by the thermometer placed in the fluid above. He thought there must be great danger attending its use, for purposes such as those in question; and the result of his own inquiries perfectly corresponded with the experiments made by preceding witnesses. There was always a risk

that the boiler would give way under the pressure of the volatile oil. It was a dangerous and unmanageable fluid, and the more frequently it was subjected to the action of fire, the more volatile and inflammatory it became; insomuch, that combustion would be produced at last with a very small degree of heat, and an accident might easily happen. He should conceive, that the moment when an explosion was most likely to take place would be that, when, after the volatile oil had been detained by the mass standing to cool all night, the fire was applied the following morning, before the pump was set to work.

The LORD CHIEF-JUSTICE, in proceeding to address the Jury, after stating to them the various pleas which had been put upon this record, recapitulated the whole of the evidence which had been adduced from the commencement of the trial. Having finished the reading of his notes, (a task that occupied more than three hours), he drew, their attention to those points on which, disentangled from the technicality of pleadings, their judgment was to be exercised. The first question would be, whether or not the premises had been accurately and sufficiently described? because, if the negative of that proposition were established, the policy of assurance would be void, and every other consideration superseded. It appeared that, subsequently to the original insurance, and previous to its renewal, a building, called the New House, and communicating with that already insured, had been erected. The true way of viewing this question was, perhaps, to consider whether, had the alteration been made known to the Insurance Company, they would have deemed an increase of the premium necessary. It was, however, for them to determine, under all the circumstances, whether a more minute and

extended description was required by any positive agreement, or by the printed terms of the insurance. The next issue which they would have to try related to the manner in which the fire had broken out, and to its probable cause. With regard to this subject, it was not extraordinary to find it involved in mystery and doubt. Calamities of this nature could seldom be traced to their actual origin. They usually took place in the darkness of night, and a hidden spark might produce a conflagration. But he could not avoid expressing his surprise that two individuals-Muller, whose business it was to light the fire, and the watchman, who was up all night-had not been called. They were faithful servants, still retained in the employment of the plaintiffs, and were, as they had been informed, present in Court. Sure he was that every man of common sense, out of a court of justice, would, if seeking for information, have expected to derive it from persons in their situation. Unable as he was to account for the non-production of their testimony, and unwilling to draw any inference that should be regarded except in combination with the whole evidence, he thought the omission was much to be lamented. It was true that they might have been called by the defendants; but whether the omission was owing to design or accident, or any other cause, they were deprived of a species of evidence which might possibly have cleared up every doubt. They found, however, that this fire had taken place within three months after the introduction of a process materially different from that which had been used before, and that no fire had ever taken place before this new process was introduced. But then, again, it was for them to recollect-indeed they could not be ignorant-that fires had taken place in many other sugar-houses where the

old process was still in use. With regard to those details to which they had listened, as to the time and manner in which the fire had broken out, it would be needless for him to recall them to their remembrance. These must be still fresh in their minds, together with the subsequent statement of two of the witnesses, that they perceived neither any smell arising from the fire, nor any peculiarity in the colour of its flame. He now came to the last and most important question on which they would have to delibeIt was, Did the new process produce an increased risk of fire? On this important point they had heard the evidence, he would not say of the most intelligent, but of as intelligent men in chymical and scientific pursuits as were to be found in this country, or in Europe. He had himself read the works of some of them, had derived pleasure from their labours, and entertained the greatest respect for their talents and information. But they had, nevertheless, left the Court in a state of utter uncertainty; and the two days during which the results of their experiments had been brought into comparison, were days, not of triumph, but of humiliation to science. The constellation of brightness which had shone upon them left them in a state of half-knowledge more full of doubt than a state of perfect ignorance. Those who walked in the twilight ought to proceed with caution; and, speaking for himself, he never would apply the contradictory results of experiment to the real and momentous interests of mankind. It must be a matter of general regret to find the respectable witnesses to whom he was alluding drawn up, not on one side, and for the maintenance of the same truths, but, as it were, in martial and hostile array against each other. Volumes had already been spoken, but volumes more must be written before

this subject was likely to be elucidated. For the present, he was himself left in a state of the utmost doubt; but, in his situation, it was permitted to him to continue in doubt. It was the province of the Jury to decide, and he begged them to form their own opinion, without reference to any that he might be supposed to entertain. If they, too, found their doubts still prevalent, whether with more or less assurance, they would remember, that it was for those who averred the increased risk to make out that proposition satisfactorily. Undoubtedly all the evidence not only excluded every suspicion of fraud, but tended to shew that the plaintiffs never apprehended any danger from the new process. They would now, after revolving the whole subject, and directing their at tention to those points on which issue was immediately joined, and which he had endeavoured shortly to explain, pronounce such a verdict as was dictated by the honest exercise of their judgment. Any leaning to either side ought to be guarded against, if possible; but, if the difficulties should appear so great as to prevent their forming a decision upon clear and conclusive grounds, that leaning ought to be in favour of a private individual, rather than that of a public company. If, on the other hand, they were satisfied, or could not resist the weight of evidence by which the case of the defendants was supported, they would disregard every other consideration, and find their verdict accordingly.

The Jury then retired, and, after being absent about half an hour, returned, and delivered, through their Foreman, a verdict for the plaintiffs, by which they found, in the first place, that the premises had been correctly and sufficiently described; in the second, that the fire did not originate in the place where the new process was carried on; and, in the third,

that no increased risk was caused by the introduction of that process. Damages, 72002.

COURT OF COMMON PLEAS,

December 13.

SEVERN, KING, & Co. v. THE PHŒ

NIX INSURANCE COMPANY.

This prosecution related to the same fire, and stood on exactly the same grounds as the preceding. In the course, however, of a trial, which lasted five days, much additional evidence was produced, among which is the following:

Dr Thomas Thomson.-I am Professor of Chemistry in the University of Glasgow. I have directed my attention to the apparatus before me : this was about the beginning of last June. I am acquainted with the ordinary mode of refining sugar. In my opinion, the present plan would be attended with much less danger. The temperature here was about 360: oil boils at 640. There would be no danger if the machine which contained the oil were to leak; if it were a great leak, it would put the fire out; if a small one, it would burn like coals. There was nothing emitted by oil at the temperature of 360 but a little water, which is not the least dangerI have tried experiments on whale oil, and I have not been able to satisfy myself that it emits gas at so low a temperature as 640; certainly not lower. It would require a very intense fire to produce that degree of heat. The gas produced from oil will not burn unless it be mixed with six times the quantity of atmospheric air, and not with more than twelve times the quantity. If the whole of the oil used at Severn and Co.'s were to be turned into gas, it would be impossible to

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VOL. XIII. PART II.

produce combustion, considering the state of the premises. The use of the oil, as described, for two months would produce no change in it, with respect to the facility of producing gas. When oil is heated to a temperature of 640 degrees, it is changed to an inflammable nature. At 500 it produces a light aqueous vapour, which, carrying some oil with it, might burn, but, at that temperature, it could not ascend above an inch or two, if it ascended at all. It is impossible that at 360 degrees any vapour could pass at the mouth of the leaden tube, which is 16 feet from the vessel. No inflammable vapour, even at the heat of 600, could pass from the oil vessel through the tube. It would become oil, and fall down again before it reached near that height. He spoke of whale-oil, and the oil of cod. He tried them both. He tried the action of heat at 360, for six weeks, on oil, and the only change was, that the colour was darker, and, when cold, it was thicker; but it was not rendered more inflammable. Oil, at a temperature of 640, below which it will not produce gas, emits a smell the most offensive in existence. I have been knocked down by it. I know what is called dipples-oil. An application of heat at 360, for two months, would certainly not produce dipple-oil. I have passed whale-oil through a red-hot iron tube three times successively, without producing dipples-oil. Dipples-oil is very inflam mable, and boils at 180 degrees. I failed to produce dipples-oil with my own apparatus. It is impossible for such a vessel as was used by Severn and Co. to produce dipples-oil. No change could take place in the oil at the heat of 350 deg. for two months, except its becoming blacker and thicker. At 440 deg. it would not produce any change such as he before mentioned. There is a substance which is found in whale-oil, which, by great pains and

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