JONES, STEPHEN--JONES, SIR WILLIAM. but on Captain Pearson hailing to enquire if they had struck, and no answer being given, he ordered the boarders to board her; but the moment they were on board, a superior number of the enemy were discovered concealed with pikes in their hands, ready to receive them. Upon this the Serapis's crew retreated to their ship and instantly flew to their guns; but the frigate again pouring a broadside into her stern with great effect, and the mainmast falling at the same time, without being able to get a single gun to bear upon her, Captain Pearson was under the painful necessity of ordering the colours to be struck. He was immediately escorted, with his first lieutenant, on board the ship alongside, which proved to be the Bon Homme Richard, of forty guns, and three hundred and seventy-five men, commanded by Captain Paul Jones. The frigate which also engaged the Serapis was the Alliance, of forty guns and three hundred men. Upon Captain Pearson going on board the Bon Homme Richard, he found her in the greatest distress; her quarters and counter were entirely drove in, the whole of her lower deck guns dismounted; she was also on fire in two places, with six or seven feet water in the hold, which kept increasing upon them so much that the next day they were obliged to quit her, and she sunk with a great number of her wounded men on board. 45 board gave it as their opinion, "that the conduct of He then went to Paris as agent for prize-money, and, while there, joined in a plan to establish a fur trade between the north-west coast of America and China, in conjunction with a kindred spirit, the celebrated John Ledyard. In Paris he continued to be treated with the greatest distinction. He afterwards was invited into the Russian service, with the rank of rear-admiral, where he was disappointed in not receiving the command of the fleet acting against the Turks in the Black Sea. He found fault with the prince of Nassau, the admiral, became restless and impatient, was intrigued against at court, and calumniated by his enemies, and had permission from the empress Catharine to retire from the service with a pension, which was never paid. He returned to Paris, where he gradually sunk into poverty, neglect, and ill health, until his death, which was occasioned by jaundice and dropsy, on the 16th of July, 1792. His last public act was heading a deputation of Americans, who appeared before the national assembly to offer their congratulations on the glorious and salutary reform of their government. This was before the flight of the king. Jones was a man of signal talent and courage; he conducted all his operations with the most daring boldness, combined with the keenest sagacity in calculating the chances of success and the consequences of defeat. He was, however, of an irritable, impetuous disposition, which rendered him impatient of the authority of his superiors, while he was, at the same time, harsh in the exercise of his own; and he was deficient in that modesty which adorns great qualities and distinguished actions, while it disarms envy and conciliates jealousy. The enemy carried their prizes into the Texel. This squadron was fitted out and sailed from L'Orient in July, under the command of Paul Jones; they had on board three hundred English prisoners, whom they had taken in different vessels during their cruise. The service which Captain Pearson rendered his country in this remarkable engagement, a service in which he had the good fortune to save a convoy, estimated to be worth upwards of 60,0000l., from falling into the hands of the enemy, was universally acknowledged. On his return to England he was honoured and rewarded by knighthood, and by the situation of lieutenant-governor of Greenwich hospital; and the towns of Hull, Scarborough, Appleby, Dover, &c., the Russia company, and the royal exchange assurance company, amply testified their gratitude, by presenting him with the freedom of their respective corporations, and donations of plate. The sensation produced by this battle was unexampled, and raised the fame of Jones to its acme. Inaletter to him, Franklin says, "For some days after the arrival of your express, scarce any thing was talked of at Paris and Versailles but your cool conduct and persevering bravery during that terrible conflict. You may believe that the impression on my mind was not less strong than on that of the others, but I do not choose to say, in a letter to yourself, all I think on such an occasion." His reception at Paris, whither he went on the invitation of Franklin, was of the most flattering kind. He was every where caressed; the king presented him with a gold sword, bearing the inscription,"Vindicati maris Ludovicus XVI. remuneratur strenuo vindici," and requested permission of congress to invest him with the military order of merit, an honour never conferred on any one before who had not borne arms JONES, SIR WILLIAM.-This eminent English under the commission of France. In 1781 Jones scholar was born in 1748 and was educated at Harsailed for the United States, and arrived in Phila- row school, from whence he proceeded to Oxford. delphia on the 18th February of that year, after a At the age of nineteen young Jones became the tutor variety of escapes and rencounters, where he under- of Lord Althorpe. In the course of the following went a sort of examination before the board of ad-year he visited Germany, and on his return determiralty, which resulted greatly to his honour. The mined to devote himself to the study of the law. JONES, STEPHEN, a clever writer and editor of literary works, who was born in London in 1763 and was educated at St. Paul's school. His principal occupation through life was writing for the press. In 1791 he published an abridgment of "Burke's Reflections on the French Revolution," and in 1797 became editor of the "Whitehall Evening Post," and afterwards of the "General Evening Post;" but his principal undertaking was a new edition of the "Biographia Dramatica," and a small "Biographical Dictionary," which has passed through several editions. He died in December 1827. 46 JONES, SIR WILLIAM. From a careful study of the great legal authorities In 1773 an idea seems to have been formed by his of our own land he became fully conscious of the friends of obtaining the Turkish embassy for him, pre-eminence of our civil institutions; and in pro- but he rejected the scheme, adding, "I will live in portion as he was disgusted with the modern innova-my own country which cannot easily spare good subtions supposed to proceed from patronage, influence, jects." It was not until 1775 that he appears to have and corruption, he became a zealous advocate for the devoted himself to the practical part of his profespurity of election, the independence of parliament, sion. In the early part of that year he went to Oxand the necessity of recurring to original principles ford for the purpose of attending the spring circuit for the purpose of renovation. He had also taken and sessions, and in 1776 he went to Westminster a critical survey of English history, and had pre- hall daily during the respective terms, and regularly pared his mind decisively to pronounce relative to arrayed in his gown and wig occupied the place of those transactions that gave birth to the civil war in an outer barrister in the court of king's bench, where the middle of the seventeenth century. Such by this Lord Mansfield at that period presided with no small time was his celebrity as an adept in the oriental share of dignity. In 1776 he was nominated by languages that he was applied to on the part of go- Lord Chancellor Bathurst one of the commissioners vernment to gratify the king of Denmark in trans- of bankrupts, an office at that period of but little lating a manuscript life of Nadir Shah into the French emolument, and consequently was frequently called language. The only reward he obtained for his la- by his professional duties to Guildhall. In 1777 he bours on this occasion was the empty compliment of went to pass his Christmas at Bath for the purpose being nominated F. R. S. of Copenhagen, and pre- of paying his respects "to the Naiads of the Hot sented with a barren and unproductive recommenda- Springs. While there he lived in the house of his tion to his own sovereign. "old Master Evans," whose "harp he preferred to the Theban lyre as much as he preferred Wales to ancient or modern Egypt." Wilkes was a resident at this gay place at the same time, and Mr. Jones appears, while he frequented his company, to have detested his morals as much as he approved of his patriotism. In 1769 he accompanied Lord Althorpe to Harrow, and about this time he appears to have demonstrated to his own satisfaction the completion of the prophecies respecting our Saviour in four distinct propositions; with objections, answers, and corollaries, in the style of a mathematician. Towards the end of 1769 he accompanied part of the Spencer family to the continent, and resided for some time at Nice. Yet he was soon tired, even with objects "rarely if ever seen in his native country; olives, myrtles, pomegranates, palms, vineyards, aromatic plants, and every variety of sweet flowers, blooming in the midst of winter. But the attraction of novelty has ceased," adds he while writing to a friend, "I am now satiated and begin to feel somewhat of disgust. The windows of our inn are scarcely thirty paces from the sea, and, as Ovid beautifully says, Tired, on the uniform expanse I gaze.' Soon after this short relaxation he published a translation of the ten remaining orations of the preceptor of Demosthenes. On this occasion he presented a copy to Mr. Burke, whose friendship he cultivated, and whose politics at this eventful period of the American war were entirely congenial to his own. He also appears to have lived in some degree of intimacy with Dr. Gilbert Stuart, who had entered the lists against his countryman Dr. Robertson as the champion of Mary queen of Scots, and who about this period introduced Dr. Gillies to his acquaintance as the translator of Lysias. It was in the autumn of the year 1778 that Mr. Jones, in a I have therefore no other resource than with Ci- letter addressed to Lord Althorpe, at that period a cero to count the waves, or with Archimedes and captain in the Northamptonshire militia then staArchytas to measure the sands. I cannot describe tioned at Warley camp, hints at his wish to obtain a to you how weary I am of this place, nor my anxiety legal appointment in India. "The disappointment to be again at Oxford, where I might jest with you to which you allude," observes he, "and concerning or philosophize with Poore." On his return to Eng-which you say so many friendly things to me, is not land some time after he employed himself in com- yet certain. My competitor is not yet nominated; posing a tragedy entitled "Soliman ;" and on the 19th many doubt whether he will be; I think he will not of September of the same year he was admitted a stu- unless the chancellor should press it strongly. It is dent of the Inner Temple, having previously resigned still the opinion and wish of the bar that I should be his employment in the family of Earl Spencer. But the man. I believe the minister hardly knows his on this occasion he did not immediately imitate Sir own mind. I cannot legally be appointed till JaWilliam Blackstone, who from the moment he be-nuary, because I am not a barrister of five years' standcame a member of one of the inns of court abandoned poetry in a formal address entitled "The Lawyer's Farewell to his Muse." On the contrary, he "I certainly wish to have it, because I wish to wrote verses as usual; and in 1774 published his have 20,000l. in my pocket before I am eight-and"Commentaries on Asiatic Poetry," in which how-thirty years old; and then I might contribute in ever he seems to indicate an intention to "renounce some little degree towards the service of my country the pursuits of polite literature," on entering upon a in parliament as well as at the bar, without selling my career which will supply ampler and better oppor- liberty to a patron, as too many of my profession are tunities of relieving the oppressed, of assisting the not ashamed of doing; and I might be a speaker in miserable, and of checking the despotic and tyranni- the house of commons in the full vigour and macal. He also now for the first time expressed a deter-turity of my age; whereas in the slow career of Westmination in verse to renounce versification; and on being called to the bar in 1774 he discovered that the law was "a jealous science, which would admit of no partnership with the Muses." ing till that time; now many believe that they keep the place open for me till I am qualified. minster hall I should not perhaps, even with the best success, acquire the same independent station till the age at which Cicero was killed. But be assured, my dear lord, that if the minister be offended at the style in which I have spoken and will speak of public | This lady, the daughter and wife of two patriotic and affairs, and on that account should refuse to give me learned men, embarked with her husband for India a judgeship, I shall not be at all mortified, having al- in the Crocodile frigate in the spring of 1783. ready a very decent competence without a debt or a care of any kind." In the mean time he rapidly advanced in professional reputation, although his opinion of the contest with America stood in the way of his progress to legal honours. The tumults of 1780 induced him to write a pamphlet "On the Legal Mode of Suppressing Riots," and in the following winter he completed a translation from the Arabic of seven poems of the highest repute. Even at this early period Mr. Jones expressed his just abhorrence of the slave-trade, and he says in one of his communications on the subject, "I pass with haste by the coast of Africa, whence my mind turns with indignation at the abominable traffic in the human species from which a part of our countrymen dare to derive their most inauspicious wealth. Sugar, it has been said, would be dear if it were not worked by blacks in the western islands; as if the most laborious, the most dangerous works, were not carried on in every country, but chiefly in England, by freemen; in fact, they are so carried on with infinitely more advantage, for there is an alacrity in the consciousness of freedom, and a gloomy sullen indolence in a consciousness of slavery; but let sugar be as dear as it may, it is better to eat none, to eat honey, if sweetness only be palatable,-better to eat aloes or coloquintida than violate a primary law of nature, impressed on every heart not imbruted by avarice, than rob one human creature of those eternal rights of which no law upon earth can justly deprive him." About this period he was a leading member of the Turk's Head club, a society which originated with Burke, Johnson, and Reynolds, and being at length extended to forty members, the precise number of the French academy, included men of the first genius and talents in the country. During his voyage a political association in Flintshire published a tract written some time before by the new judge, entitled "A Dialogue between a Farmer and a Country Gentleman," while the constitutional society republished and circulated another edition in town. In consequence of the dean of St. Asaph being implicated in the former, a bill of indictment had been found by the grand jury of Denbighshire against him. On this occasion Sir William transmitted a letter to Sir Lloyd Kenyon, chief justice of Chester, in which he avowed himself the author of the dialogue, and at the same time maintained "that every position in it was strictly conformable to the laws and constitution of England." He observes, on another occasion, "that as an indictment for a theoretical essay on government was, as he believes, never before known, he has no apprehension for the consequences. As to the doctrines in the tract," adds he, "though I shall certainly not preach them to the Indians, who must and will be governed by absolute power, yet I shall go through life with a persuasion that they are just and rational; that substantial freedom is both the daughter and parent of virtue, and that virtue is the only source of public felicity." Notwithstanding this the cause came on at Shrewsbury, and Lord Erskine was sent down at the sole expense of the society for constitutional information to defend what, in the present day, would not be considered as a libel by any liberal and enlightened lawyer in England. On this occasion a special verdict was delivered by the jury clearing the right reverend defendant from all criminal intention and finding him "guilty only of the fact of publishing." Sir Francis Buller, who presided on this occasion, desired the jury" to reconsider their verdict, as it could not be recorded;" but Mr. Erskine boldly insisted it should be recorded precisely in the terms in which it was found; and after some altercation, during which the judge used some threatening language, finally prevailed. In this celebrated argument, when a new trial was moved for, the latter boldly insisted that juries were judges of the law as well as of the fact; a position which produced, and was tacitly recognised by, Mr. Fox's bill for the security of the English press. Thus the doctrines laid down in the dialogue not only were proved to be consonant to the principles of law, but actually gave birth to a cedu-lebrated act for the protection of public liberty. About this period he wrote his celebrated ode in imitation of Alcæus, of which we give the following extract as a specimen of his poetical style of writing: "What constitutes a state? Not high-rais'd battlement or labour'd mound, Not cities proud with spires and turrets crown'd, Where laughing at the storm rich navies ride, Where low-browed baseness wafts perfume to pride." After stating that it consists in "Men who their "Such was this heaven-lov'd isle, Than Lesbos fairer and the Cretan shore ! No more shall freedom smile? Shall Britons languish and be men no more?" On the accession of the Shelburne administration he obtained what had long been the object of his ambition, the office of judge of the supreme court at Fort William in Bengal, on which occasion he was knighted. Sir William Jones now feeling himself independent, solicited and obtained the hand of Miss Anna Maria Shipley, the eldest daughter of the venerable bishop of St. Asaph, whom he had first seen at Wimbledon. Meanwhile Sir William proceeded on his voyage to the east, and landed at Calcutta in the month of September 1783. Soon after being installed in his new office he became the founder, president, and brightest ornament of the Asiatic society, formed on the model of the royal society of London. The other members consisted of Mr. Hastings, then governor-general, Mr. Gladwyn, Captain Charles Hamilton, and Mr. William Chambers, all of whom had distinguished themselves by a taste for oriental learning; and to these were afterwards added the names of Sir John Shore, afterwards Lord Teignmouth, and Sir John Macpherson. Sir William at the same time paid the most scrupulous and unremitting attention to the duties of his profession; in addition to which a large portion of his time was dedicated to Hindoo law, Indian geo 48 In 1792 it became necessary for Lady Jones to return to Great Britain, in consequence of a constitution naturally delicate having so severely suffered from repeated attacks of indisposition that a change to her native climate had become indispensably necessary. Sir William endeavoured to solace his mind during the absence of a beloved wife by returning with reiterated zest to his studies, and in 1794 appeared a translation by him of the "Ordinances of Menu." He was also indefatigable in completing the "Digest of Hindoo and Mohammedan Law." JONES, WILLIAM. graphy, botany, and the Sanscrit language. In the evenings he was accustomed to unbend his mind from care by the pleasing and cheerful conversation of Lady Jones, with whom he was accustomed to divert himself at chess. It was soon evident however that either his studies were too intense, or the climate wholly unfavourable to his valuable life; perhaps his frequent and dangerous illnesses proceeded from a fatal union of both. During the intervals when he was in a convalescent state he composed poems, penned learned dissertations, conversed with his friends, and carried on an extensive correspondence on a variety of different subjects. Meanwhile, in February 1785, Sir John Macpherson had succeeded Mr. Hastings as governor-general, and to his lot fell the odious but salutary task of making a variety of reductions and economical reforms which had now become absolutely necessary in consequence of the deranged state of the company's affairs. To effect this, in addition to mildness and urbanity, it became absolutely necessary to withhold money-payments to all but subalterns and the working class; and even to issue deferred paper bearing eight per cent. interest. The consequence of this was that the judges murmured, and Sir William in particular was obliged to sell company's bonds at thirty per cent. discount. This circumstance at first raised his indignation; but he no sooner learned that the governor-general himself, who he said "united the character of the statesman and the scholar," was paid exactly in the same manner, than he made a spontaneous offer of one half of his salary towards relieving the present exigencies of the company. In 1788 Sir William made a proposal to Lord Cornwallis for an English digest of Hindoo and Mohammedan law, after the model of Justinian's Pandects, for the use of the natives. As the principles which regulated the decisions of the courts in respect to Asiatic subjects had been hitherto locked up in the Sanscrit and Arabic, two difficult languages, accessible to a few of the English only, the judges were obliged to refer to the responses of the native lawyers, and this obvious inconveniency could be removed only by the means now pointed out to government. The proposal was accordingly accepted, and Sir William most gladly undertook the task of superintending the execution. 66 About the same period it appears to have been the intention of the company to apply to the legislature for an act to regulate the municipal government of Calcutta. For this purpose it was proposed to obtain a power of summary conviction and punishment. On Sir William being consulted on this occasion he stoutly denied the supposed necessity of deviating from the spirit and form of the judicature in criminal cases which has been approved by the wisdom of a thousand years, and has been found effectual in the great cities of England, for the good order and government of the most high-minded, active, and restless people that exists upon earth." He justly observes that "a superintendent of the police is an officer unknown to our system, borrowed from a foreign system, or at least suggesting the idea of a foreign constitution; and his powers being dark and undefined, are those which our law most abhors." He therefore very properly recommended the nomination of justices of the peace, the six sessions in the year, and the trial by appointment of jury, as practised in England. On the 20th of April, 1794, after a long and late walk in an unwholesome situation, he was seized with symptoms that seemed to denote an approaching ague. The disorder however soon proved to be an inflammation in the liver, a complaint common in the east, and supposed to arise from an accelerated circulation of the blood. The progress of this disease was so rapid that it terminated fatally on the 27th of April, 1794, and Sir John Shore, who witnessed his last moments, mentions that he died without uttering a single groan. Next day the funeral ceremony was performed with all the honours due to his public station. A stately monument has since been erected to his memory at Oxford by a subscription of the gentlemen resident in Bengal, who had been educated at either of the English universities; while a similar tribute of respect, at the expense of Lady Jones and from the chisel of Flaxman, is now to be seen in the antechamber of the chapel of University college. Another monument has also been erected in St. Paul's cathedral, of which we furnish a sketch. JONES, WILLIAM, a learned episcopal divine. He was born in 1726 at Lowick in Northamptonshire, and was educated at Oxford. On leaving the university he wrote a "Full Answer" to Bishop Clayton's "Essay on Spirit," which was published in 1753. Shortly after which he wrote "The Catholic Doctrine of the Trinity," and in 1763 he published "An Essay on the First Principles of Natural Philosophy." Mr. Jones's work on the Trinity having procured him much reputation, Archbishop Secker presented him, first to the vicarage of Bethersden in Kent in 1764, and soon after to the more valuable rectory of Pluckley in the same county, as some re- | Bishop Horne in 1792, Mr. Jones, out of affectionate ward for his able defence of that important doctrine. regard to the memory of the venerable prelate, unThe income he derived from his vicarage not being dertook the task of recording his life, which was equal to what he expected, it was thought expedient published in 1795, and the second edition in 1799. by his friends that he should take a few pupils; and In the autumn of 1798 he was presented by the having undertaken the tuition of two young gentle- archbishop of Canterbury to the sinecure rectory of men, he continued the practice for many years after Hollingbourn in Kent, benevolently intended as a he removed to Pluckley. In 1766 he preached convenient addition to his income, after the disconthe visitation sermon before Archbishop Secker at tinuance of pupils; but in the following year he lost Ashford, greatly to the satisfaction of his grace and his wife, which was soon followed by another afflicthe whole audience. On the publication of "The tion, probably occasioned by the shock her death Confessional," the archbishop considered Mr. Jones gave him, a paralytic attack, which deprived him of as a proper person to write an answer to it; and ac-the use of one side. In this infirm state of body, but cordingly he drew up some remarks, but had then with the full exercise of his faculties, he lived several neither health nor leisure to fit them for the press. months. At length he suddenly quitted his study, But a new edition being called for of the "Answer and retired to his chamber, from whence he came to an Essay on Spirit," Mr. Jones thought it advisa- out no more, breaking off in the middle of a letter to ble to add, by way of sequel, the remarks he had a friend, which, after an abrupt transition from the originally drawn up on the principles and spirit of original subject, he left unfinished, with these re"The Confessional," which were published in 1770. markable words, the last of which are written partiIn 1773 Mr. Jones collected together into a volume, cularly strong and steady:-"I began to feel as well "Disquisitions on Some Select Subjects of Scripture," as understand, that there was no possible way of which had been before printed in separate tracts; taking my poor broken heart from the fatal subject and in 1776, in the character of a presbyter of the of the grief that was daily preying upon it to its church of England, he published, in a letter to a destruction, but that which Providence hath been friend at Oxford, "Reflections on the Growth of pleased to take, of turning my thoughts from my Heathenism among Modern Christians." When he mind to most alarming symptoms of approaching was induced to remove from Pluckley, and accept death." Like many other good and pious men bethe perpetual curacy of Nayland in Suffolk, he went fore him, he had long very much dreaded the pains thither to reside with his family. Soon after he ef- of death; but to his own great comfort, this dread fected an exchange of Pluckley for Paston in North- he completely overcame. The sacrament had been amptonshire, which he visited annually, but he de- frequently administered to him during his confinetermined to settle at Nayland for the remainder of ment, and he received it for the last time about a his days, nor was he (as his biographer notices with week prior to his death. A little while previous to some regret for neglected merit) ever tempted to quit his dissolution, as his curate was standing by his that post by any offer of higher preferment. The bed-side, he requested him to read the seventy-first "Physiological Disquisitions" before alluded to, psalm, which was no sooner done than he took him having received their last revise, were published in by the hand, and said with great mildness and com1771, and the impression was soon sold off. A notion, posure, "If this be dying, Mr. Sims, I had no idea says his biographer, is entertained by some persons, what dying was before;" and then added, in a somethat the elementary philosophy naturally leads to what stronger tone of voice, “thank God, thank atheism, and Sir Isaac Newton himself is charged God, that it is no worse." He continued sensible with giving countenance to materialism by his æther; after this just long enough to take leave of his but nothing can be farther from the truth. "It is," children (a son and daughter), who, being both settled adds Mr. Stevens, "the aim and study of the ele-at no great distance, had been very much with him, mentary, called the Hutchinsonian philosophy, not to confound God and nature, but to distinguish between the Creator and the creature; not with the heathens to set up the heavens for God, but to believe and confess with all true worshippers "that it is Jehovah who made the heavens." The figurative language of the holy scripture having been always his favourite study, after revolving the subject in his mind for many years, Mr. Jones drew up a course of lectures, which were delivered in the parish church of Nayland in Suffolk, in the year 1786. Music was a favourite relaxation with him, and he understood both theory and practice. His treatise on the "Art of Music" is reckoned to display a profound knowledge of the subject, and his compositions (a morning and evening cathedral service, ten church pieces for the organ, with four anthems in score for the use of the church of Nayland) are greatly admired, as of the old school in the true classical style. In 1792 he published a valuable collection of dissertations, extracts, &c., in defence of the church of England, under the title of "The Scholar armed against the Errors of the Time," and on the death of BIOGRAPHY.-VOL. II. and had done every thing in their power to alleviate his sorrows; and on the morning of February 6, 1800, he expired without a groan or a sigh. Mr. Jones was the author of many other works besides those we have enumerated, but many of them were only of a temporary interest. JONES, WILLIAM, an eminent mathematician, who was born in 1680. He is principally known as the author of a work entitled "Synopsis Palmariorum Matheseos." Mr. Jones was no less esteemed and respected on account of his private character and pleasing manners than for his natural talents and scientific attainments. Lord Hardwicke selected him as a companion on the circuit when he was chief justice; and when he afterwards held the great seal, conferred upon him the office of clerk of the peace, as a testimony of his friendship and regard. He was also in habits of intimate acquaintance with Lord Parker, president of the royal society, Sir Isaac Newton, Halley, Mead, and Samuel Johnson. Upon the retirement of Lord Macclesfield to Sherborne castle, Mr. Jones resided in his family, and instructed his lordship in the sciences. Whilst he occupied this situation he had the misfortune, by the failure D |