Star. — London, England, 1827-07-19 00:00:00

KING'S BENCH PRISON, Since the introduction of a military force into t h e King's Bench Prison, to suppress the mirth of t he inmates during the as mock election," already mentioned, the whole of the prisoners, without scarcely an exception, have strongly testified their in &ration at what they term an unnecessary exercise of poser; and for the purpose of having the whole of the transaction investigated before the proper Authorities, Petitions are now in the course of signature, and will be immediately presented to the Right Hon. the Secre try of State for the Home Department. Out of the seven individuals prominent in the 64 election," confined lathe strong room by order of the Marshal, two have ben liberated* and the others still remain in custody.— Rue the force resorted to in order to suppress the to rch, the jail has been in a state of vitt, although the Per sons confined in it are by no means satisfied either with the propriety of suppressing their frolic, or with the mode in a hich it was accomplished. The prison was yesterday so perfectly 'tranquil, that there was no neces sity tor the employment of any civil power. or even for the intet ference of any of the ordinary officers of the jail. The following is a specimen of the Pas4uinades sported os the occasion of the late Election in the King's Bench: CANDIDATIIII VOL THE BANCO RUM Two knaves, two fools, a‘blushlesa u two blacks, As poor u Lent, and jaded as two lucks When not wound up with tape, do nightly set As drunk as Jarvey, drenched with heavy wet; Mad as March bares, pursuing and pursued, - bud before men, and after women lewd; The jest of all throughout this laughing place— Right, left, and front, and rear, from top to braes. 'nese were the cattle that for Banco started, And one was chaired, and one was even caned; And had the lash but followed on t►e cart, HL rich deserts had qualified the smart. Then such are Candidates for lianco Regis : How trot.- 4 Necessitas non babet kges." Just in this nkk of time, a Lark sung out, Why, what the devil are ye all about ? Where's Charley Bennet—where's Count Fig—and where Is Murphy too, Banco 's bright Chanticleer ? Ge, send the criers all the College through, And bid them bawl for a good man and true ; To save Old Banco from the foul dishonour Which two such coves will surely bring upon her: irly to the State house ; there you'll end a swell, Who'll bring a BircA, and flog their well r ANTIQUARIAN DISCOVERIES as LONDON BRIDGE. lo the progress of the works to form the foundation of the New London Bridge, antiquities are daily brought to light, which afford proof of the ancient magnificence of the Metropolis, as the centre of opulence an d luxury _ . .1 this Island, whi'e under the domination of theßomans. A considetable quantity of Roman coins. gold, silver,and brass, have been found, and one small silver statue,which has been deposited in the British Museum. In the course of the excavations a few days since, a leaden figure of a horse was brought up, and is now in the possession of a Mr. Knight, an engineer. The execution of the head is ad mirable. The same Gentleman has, amongst a considera ble collection of remains, a curious specimen of ancient glued tile, a number of rare Saxon coins,and a conlidera bkqoantity of counters and gun money. The remains, as mass they are discovered, are contended for with great :al, by rival collectors, and by persons who are desirous having some memorial of the old bridge. The linkmen, who at first considered all the coins they met MI as being merely old halfpence, which were worth sot isg, because they would no longer pass, soon dis corned their woe, and have now all become con es:ikon. Mr. R. L. Jones, the Chairman of the Bridge Committee, has zealously obtaiaed all he could, with the liberal intention of presenting his set to the Cor poration, to form the nucleus of a collection in the Nor City Library. He has, besides, amongst a number dindiffment coins found some time since, one Roman coin, with the .inscription PLON, which the Antiqua rians read Pecunia Londini, and consider to have been aruck in the Metropolis. Mr. Newman, the Cornptrol• kr of the Bridge House Estates ' has also made a con siderable collection. The most frequent of the Roman cans are those of Antonius Pius, of which Mr. Knight has ore fine specimen, in large brass. Sczon and old Eagli,ti coins have been found in great abundance, to gether with many ancient implements, warlike, sacer dotal, and domestic. But there is reason to believe, that an extensive trade in antiquities has been carried on about the bridges. by unscrupulous individuals, through the medium of the workmen. Not long since,m bum head was brought forth, as having been found whilst digging SO feet deep in the blue clay. The pre 'ovation of the article was considered most r emarkable, and in antiquity was conjectured to be long anterior to theßoman period. From the wot kmansbip it was judged to be Carshagenian. A Gentleman, who is confident be is not mistaken, declares that he saw it some weeks before the time of its discovery. ei thirty feet deep in the bl ue clay,' and that it then occupied a place in the win dow of a broker's shop in the New Cut. To guard against impositions, and the dispersion of the articles found, the aorkmea have, we understand, been directed to deposit 411 they discover with Mr. Knight. When the fact of the discovery is properly authenticated, they receive a compeosati n for the treasure, whatever it may be. %moon on WORIMII24.—We underrand that tutor the journeymen hatters in this neighbourhood 114 'k "struck" for an advance of wages. The jour. Et/torn shoemakers at Bury have also turned out..- 411 cfester Meratry.. Yesterday morning an unfortunate man, named Cot.- *an, me of the artisans visaged in the works at Cadtom Palate, ou at work on the roof cat the plate room, assisting in lowering roto e heavy cas t i ron ribs to the ground, when an iron ridge which supported them broke, and the poor fellow was precipitated to the ground, a height of fifty feet, and such was the violence of the (all, that his skull was most terrifically fractured, u was also the spine, Ind his right leg very much injured. The unfortunate sufferer emplaced oo a stutter, and carried by sonic of his fellow workmen to St. Georges Hospital ; but he died immediately on his arrival. He has left a wife and two children to deplore his loss. MAIWATL—An afilicting circumstance occurred at Margate, on Friday morning last. A Lady with an 'lug had bean enjoying the salubricas breezes of that delightful watering place, intending to leave by the Ueam-packet, placed for that purpose, her lug. tage on board, as well as her child. It unfortu 'rl7 happened that just as the packet was about t .' 44 g, she recoll ecte d h av i ng l e ft some trifling ar lik in her apartment, and immediately quitted the te procure it. In the mean time the paddles :,'"'et In motion, and ere she reached the pier, the' .earstr had nearly vanished from her sight. The feel -41101 the almost frantic mother are easier to be con ‘,""td than d escri b e d ; h er m i n d b ecame comp l ete l y : 41 acted, and neither assurance that another packet sld start in a s h i t time, and al s o that the babe be taken eves; care of, appeased her mind in the least; at length it was found advisable, in order to p , re rent Lei precipitating herself into the sea, to convey ' t Item the pity to a house in the town. • AN ofd ll to li oft in tl An bra' bat of t ha Mr mir We bkm taoa mil ci h vitt trot col Cot the por of wit tut not In udt COll hat E 2 gel Em thi 00 tbi bt MI It tc 1. h i h 61 •14 in i4l r al fa 1 it to ▪ " o r 1 1 SPORTING INTELLIGENCE. BRIGHTON RACES. The following hones are named foi the Gold Cup, given by his Majesty—Lord Ilgremones Stumps, 5 yrs old; Duke of Rich mend's Link Boy, 4 yrs old; Mr. Gates's Miss Craven, 5 yrs old; and Mr. Forth's eh. f. Martha, S yrs told. A great deal of heavy betting has taken place in the country, on the Stakes, &c. at Knutsford Races, at the following odd,— The 100 am Plate. 6 to 4 apt Loogwaist, p.p. 4 to 1 apt Paul Pry sto apt Dr. Faustua 4to 1 apt Cain 3 to 1 agst Grenadier 9 to II agat Bodlendeb 4 to 1 apt Signorino 5 to 1 apt Fanny Davies 7 to 2 agst Mr. Nunn 6 to 1 agst Granby 50 Soya. Stakes. to 1 apt Gros de Naples - I 3to 1 apt Bodlondels 5 to 2 agat aleriUo _ - Even on Racket colt 2 to kagat Salrina i. Stakes. I s to 2 apt Tamwortb 5 to 1 apt Phallus Stakes. 4 to 1 apt Cala 9 to 2 apt Adonis 9 tot apt Urganda to 4 apt Sir T. Stanley's lot" I to 1 apt Brutaodort S to saga Diamentina 3 to 1 apt Columbia KILLARNEY RACES-Tx IMDAY. Stakes of XS each, to which SO toys. were adde4 by the Laune Hunt, (or Hunters, to be rode by Gentlemen. Three mile heats. Mr. Kelly's g. b. Captain Rock. 6yn 1 1 Lord Cianmorris's b. h. &taperer 2 dr Mr. O'Leary's c. m. Sweet Mary . . bolted There was more betting en this race than on any during the Meeting; considerable suns changed hands ; the odds were, 25 to SO Rock apt Sunflower, and S to I apt Sweet Mary. There were seven h orses returned for the handicap on Friday, and all will start. Mr. Creash's Crawford, l ost. elb. Mr. Kelly's Captain Rock, lOst. 41b. Lord Chow:orris'. Sunflower, fist. lull,. Mr. Croker's Corsair, 9st. Mr. Boyce 's Fisherman, est. 51b. Mr. Hunter's Guiccioh, bit. Mr. Croker's Pilot, 7st. 41b. GRAND TROTTING MATCH. I I Mr. W. H. West undertook for a wager of WO sass. to trot his horse Diadem sixty miles in seven hours. The match, which was of great sporting interest, and upon which some hundreds depended, took place early on Acidly morning, so as to prevent any inter ruption, over a six mile piece of ground rpm the Colchester road. The match was done as follows-- fien.fiec. Pint eta miles 34 20 Sitth six Wise sts.s. SS So Ismai ditto Third ditto ... . 34 SO Eighth ditto 57 57 'earth ditto ..... 35 41 Ninth ditto .. 57 34 Pah ditto .... SS 59 Tenth ditto ► 58 22 Total 6 Hours. 1 Minute. 21 Seconds. A Livria sat a Gaktase Fiver.—A very spirited little affair bOok place, yesterday, on Epping Forest. between !em Brown, a innt-road Fly-driver. and Bill Owen; dins Raff, a Adkey, from the NOM of the West, for .C. 5 a-side. The men were nearly of a weight—about ten stone—and met to settle a prefessiartat quarrel. 'The muster of their partisans was very numerous, and a ►etter, or a more manly exhibition, bas seldom been witnessed The superior science and tact of Brown enabled him to take and keep the lead from first to last. He fought quite in the Dick Curtis style, nobb. ing and getting away, and proving himself equally at home with his right au! left. I■ twelve rounds, and twenty-five minutes, B. 0. said)lo, and eras taken away much the worse for wear. Brown reaived the hearty congratulations of his friends, and pfangees to be a star of the first magnitude among the light weights. Min. Sec. THE VILLAGE DISPENSARY. 71411131 TIE MAGNET. The hour is come, the Leech is In his chair, Throw wide the doors, and bid the first come in, It is Dispensary Day I The narrow stall Is thronged, as was Bethesda's strand of yore, With sufferers of every kind and aliment; Young, old, lame, blind, female and male all meet Prescient of succour, brooding o'er their woes, And conning how they best may paint their pains! With skilful air, and aspect sharp, the Leech Takes up his pen, turns • er a Book, and studies. The first approaches, with an awkward bow, Letter in hand, of printed warranty, Signed by subscriber, setting forth name, age, And each st cetera, " How, bow, Goodman Roger ! " Is it you! Why, what ails you, old heart?' " Pains in the back, an please you." " Is It so? " " You have a family—a large °Ger “ yes!" " And used to labour r Aye, from morn till night!" • " Food of strong beer, too?" 0 Mainly drink three quarts !" " Marry ! I wonder not then at your pains ! " But take you this ; an it stir not your ribs o" Why then there is no virtue left in Meath. " Begone I and see me sir nest public day. " CAme—for the next. Who's here? Eh, damsel Alice, " And not well yet ?" Ne, Sir; my old complaint, Trembling, heart-htunings, want of sleep at night, " Failure of appetite, and loss of spirits. Turn round your face; Why, aye, thou behest pale! " Hag thou a sweetheart ?" " La, Sir !" " Nay, codas it." " There's Harry I" " Aye, he keeps your-company, ▪ Does he net r Yes!" then marry, and be well. " Rh, more ! come, mother, tell me your complaint ; ' 4 Illness, no doubt ?" " Lard, Sir; I've had the Pinker." " Aye ' and grew worse !" " He gave me store of drugs, O And when my gold was gone," " He sent you here!' • Just so." "It is their customary wont ; " They deluge you with drugs, to drain your parse ; " They find your ailing., and they make you ill, " Then all their study is to keep you so, " Until your veins and stores be emptied out ;' " Bloodless your body—pennyless your pocket— " Which wrought, they send you for our gratis aid, " And leave us to undo what they have done ! a Sq will it even be, While they have sufferance " To act the Leech's part, who are his servants, " They needs must ' vend their drugs,' and make occasion " For their expenditure—Als their out* , gain. " Why do not our grave lawgivers ordain " These traders to their place—their gallipots, " Their drugs, their philtres, and their phatruaey ? " Nor let them traffic thus with life and health, " Marring tbeir practice, who could else mar them. " Begone! take no more physic, make goad meals, " Keep yourself warm, live temperately, duly " Avoid the • Potiear; then soon you'll want " No aid but what the cupboard can afford; " Shut to the doors, I'll hear no more to day ; " Throw physic to the dogs, for I am sick on't." Can. CoN. is SPAIN.—The offending parties in a late trial of this description at Mad, id, were sentenced —the liscly to close confinement in prison for ten years— the Gentlemen to eight years hard labour on the Coast of Africa—and both to the costs of the trial. Ngw Hmtainvi.—The last Ann Harmony Gazette contains the address of ROIECT Owe., the proprietor of that com munity,previous to his leaving the place for Europe. He enumerates the dificukies he has experienced in carrying his project into effect, and the causes of its failure. He has sold a part, and leased out the remainder of his property at New Harmony to communities on a ' small scale, and thinks that on this plan his hopes of success will in some measure be realized. He recommends to these he leaves be hind him, industry, economy, perseverance, and kindness to one another, and hopes to meet them again under more favourable auspices. Sunday, the Rev. Mr. FLETCHER, of London, hay ing given public intimation of his intention to preach in Leith Links that forenoon, and on the Calton Hill in the evening, the Magistrates subsequently published a notice prohibiting him from so doing. The Rev. Gentleman, however, having obtained the authority of the tackunan of the Royal Parks, held forth in the forenoon to a very crowded audience in Comb Park, east of Gibral tar House, and at the conclusion of his sermon gave notice that be would preach again In the same place at six in the evening. A great crowd of people assembled in consequence, but the discourse was cut short about seven o'clock by .1 heavy shower. The rolling of distant thunder, and a congregation of sultry and broken clouds over bead, warned many of the approaching rain; but the greater part, we believe, remained till the sinister came down, when Air. F. suddenly stopt his discourse, and his auditory dispersed much more speedily than the heat of the weather would otherwise base made convenient. LAW INTELLII3ENC • COURT. OF CHZCRRY, Jinx 28. At the sitting of the Court this morning, Mr. HRALD requested that a petition in the matter of Lord Ports mouth's lunacy might be put in the paper, for the pur pose of being heard on Friday rantning. The petition related to the renewal of a lease, which depended upon the life of a very aged person ; and if the matter was cot heard on an early day, it was feared the property would be lost. The LORD CHANCELLOR said, if the matter was likely to take up any time, it would be inconvenient to have it heard on Friday, as it would interrupt the appeals; but he had no objection to its being put in the paper for Saturday. Mr. HEALD applied for leave to bring on a motion for a new trial in the case of the Bing 0. The Corpora lion of Huntingdon. Mr. SWORN said, he did not see any reason why the motions for nelv trials should have precedence of the regular business of the Court. He had a number -of motions which required immediate attention; but, in consequence of these matters taking up three or four days, he found it quite impossible to bring any of them forward. Mr. SHADWRLL observed, that he had been endea vouring, for some time past, to bting on a motion for a new trial in a case of Williams v. Bacon, which had stood ever for some months; and as it was a case of a very pressing nature, considering the Assizes were fast approaching, he trusted, as his Learned Friend, Mr. Heald, who opposed him, was then in Court, that his Lordship would give precedence to this case. The LORD CHANCELLOR said, that, from the littleez; perience he had in this Court, he found it was a very difficult thing to bring on motions, in consequence of some cases extending to such an immoderate length; but as the matter mentioned by Mr. Shadwell seemed to have been pending for a considerable time, he consi• dered it entitled to precedence. WILLIAMS O. 'MOON. Mr. SHADWELL then moved, that a new trial might be had at the nest Assizes for the county of Leicester, of an issue directed by the late Lord Chancellor, and that in the mean tinie all further proceedings might be stayed. The case was tried at the Leicester Assizes in 1825, before Mr. Justice Holroyd, and the question on the issue was, whether a Gentleman of the name of Charles Marsh Phillips was entitled to the tithes of the parish of Clifslade, or to a modus of 4s. 10d. in lieu thereof? and on the trial of the issue,theJury found that 'he was entitled to the sum of 4s. 10d. in lieu of all tithes belonging to the said 'oafish. The bill was ori ginally filed by the Rector of Clifslade against the oc cupies s of certain land in the parish, claiming to be en titled to the whole of the tithes as Rector, and the de fence set up by the parishioners was, that from the year 168§, down to a 'very late period, they had paid to Mr. Phillips, in respect of the lands of which they were oc cupiets, the sum of 4s. 101 as a compensation for tithes. The late Vice Chancellor directed an issue to try whether Mr. Phillips was entitled to the tithes in question, or to a modus in lieu of such tithes, and a verdict was found in favour of that Gentleman, who was the plaintiff on the issue. An application was made to the late Lord Chancellor for a new trial, and the question was again brought under the consideration of a Jury in 1825, whea a verdict was given, establish ing the right of Mr. Phillips to receive the modus as a compensation for the tithes. The ground on which Mr. Skadwell this day moved for a new trial was, that the Learned Judge was wrong in his direction to the Jury, as he was not authorised to state on the evidence given at the trial, that there had been any grant of the tithes to Mr. Phillips, or to any other person, that Gen tleman not having been able to produce the original grant, and, therefore, according to law, the whole of the tithes must be taken to belong to the Rector, un less the party setting up an adverse claim was able to produce the grant by which the tithes had been con veyed to him. • Mr. HEALD, in opposing the motion for a new trial, stated, that the defendants had, from time immemorial, been in the habit of paying a modus of 4s. 10d. to Mr. Phillips, as a compensation for the tithes; and, notwith standing the plaintiff was the Rector, they believed he had no title whatever to receive the tithes of Clifs lade. On the trial of the issue, it was proved by the production of a number of ancient documents, that Mr. Phillips and his ancestors had been in the possession of these tithes for a great number of years, and that they had been accustomed to receive a sum of 4s. 10d. in stead of taking the titnes in kind. He could not find any passage in the summing up of the Learned Judge tb induce him to believe that he had been guilty of a misdirection in his charge to the Jury, and he had never yet heard that a party was obliged to produce the ori ginal grant of the tithes to himself or any of his family, if he gave such evidence as afforded a presumption that a grant had been actually made at some by-gone period. He, thersfore, hoped his Lot dship would be of opinion, that it was not necessary to send this case to a further trial, as his client had already Lb.ained two verdicts in his f ivour. The LORD CHANCELLOR said, he should be under the necessity of looking into the cases on the subject before he could dispose of this application, but he would take care that the parties should have the judgment as early as possible. The SOLICITOR-GZNRRAL attended, from the Com mon Law Court, for the purpose of moving for a new trial, in * case of " Gibbon v. Cowley ;" but, in conse quence of the absence of Mr. Pollock, who was engaged at Guildhall, he requested his Lordship to allow the matter to stand over until to-morrow (this day). The Loan CHANCELLOR assented to the Learned Gentleman's request. TRC NINO V. THE CORPORATION OP HUNTINGDON. Mr. KELLY appeAred in support of An application for a new trial in the above case, which was an issue to try whether certain lands, in the neighbourhood of Hun tingdon, belonged to a charity called the Hospital of St. John? but, in consequence of his Lordship's being obliged to leave the Court at four o'clock, the case was directed to stand over until this day. COURT OF KING'S BENCH, Gint.zuw.x., JULY Is. LEWIN 11. ASHBY. This was an acti• n brought by the plaintiff, who is a miller residing at Norwich, to recover fiom the de. lendant, who is a banker and miller, at Staines, the sum csl- 451. the price 01 twenty sacks of Bout, sold upon credit by the plaintiff, to a person named Chip tiolnie, a baker, at Bromley, in consequence of the de• tendant having made a false representation respecting Chisholme's character and circumstances. The. A T TOMMY • GEN ERA L, with whom was Mr. Cum; having stated tic case for the plaintiff, called several witnesses, bum whose evidence it appeared, that lerevious to the month of Chtober last the defendant supplied Chisholme, who was his,tenam, with flour- - - that Chishnime's rent being at that time in *near, and he bring then indebted to the defendant in the sum of 601. a book debt, the defendant-refused to supple' hies with any more goods upon credit. On the 25th cf October last, Chisholm applied to a Mr. Mason, the plaintiff's agent in •London, for twenty sacks of flour upon credit, but Mason not knowing Chisholme tasked him for a reference, and Chisholme having referr ed him to the defendant, be saw the defendant at the house of e Mr. Russell, in Tower-street, and asked him whether he (Mason) would be safe in giving credit to Chisholme, for twenty sacks of floor? The defendant replied that he thought Chisholme to be a very honest and indus trious man—that he (defendant) had given hini flout' upon credit--that Chisholme was not a rich man, but that Mason would be safe in giving him twenty,sacksof flour upon Cbisholme's paying ready money for ten sacks. Mason accordingly agreed to let Chiskolme have twenty sacks of flour at 455. pet sack—ten sacks to be paid for on delivery. When the flour was delivered, Chisholme r.fused to pay for the ten sacks, es.the car.; man was not provided with a stamped receipt. In a day or two after the 25th of October, Chisholme sold those 20 sacks, and 17 or 18 other sacks of flour, lot ready money, to a baker named Penfold, at 415,6 d. per sack, removed his furniture from his house at Bromley, and absconded, leaving the debt due to the plaintiff un paid. It also appeared, that the defendant had written lettere to different millers and floor-dealers, stating, that he believed Chisholme to be "aa honest; industrious man; that he (defendant) had supplied Chisbolsne with. flour, and was willing to supply him with more, but that Chisholme did not continue to use the high-priced flour (50s. per sack) which be (defendant) dealt in ;"- and, upon this representation, Chisholme received credit from those persons, some of whom he had never paid. When Chisholme absconded, no part of the debt due to the defendant previous to October, was liquidated. Mr. BROUGHAM addressed the Jury for the defend ant. He contended, there was nothing in evidence to shew that the representation made by the defendant as to his belief of Chisholme s s honesty sad industry, and of his (defendant's) willingness to give Chisholm* further credit, if he had not declined using flour of the superior quality and price sold by the defendant, was untrue. It had been insinuated, that the defend ant's object in making • this representation respecting Chisholme, was, to enable Chisholme to pay, out of the proceeds of the goods which he might obtain upon credit, the debt due from him to the defendant; but that such was the object of the defendant, there was nos a tittle of evidence; on the contrary, there was evia dente that the defendant was the greatest loser by the insolvency of Chisholme. Under those circumstances, he submitted, there was no season why the defendant should be called upon to pay for the flaur supplied by the plaintiff to Chisholm; or if the defendant was liable, that liability did not exceed the price of ten sacks, for to that extent only did the defendant's repre sentation go. Lord TINTIRDEN, in summing up, said, that if the defendant had not knowingly made a false replesento tion, he was not liable in this action. He was of opinion that the defendant, by concealing from the plaintiff's agent facts within his (defendant's) knowledge, and which ought to have led him to suspect that Chisholme was in Insolvent circumstances, had not made such a representation as ought,- under such circumstances, to have been made ; and if the Jury should be of opinion that the plaintiff's agent had given credit to Chisholm, upon the faith of the representation made by the de , fendant, then their verdict would be for the plaintiff for the whole amount claimed. The Jury immediately found a verdict for the plaind tiff—Damages 451. TRAIN v. BINNITT ♦ND OVUM This was an action brought by the plaintit, who wai a private mariner on board the Phoenix, &nth Sea whaler, to recover from the defendants, who are chi owners of the said vessel; his proportion of the value of a cargo of oil, procured during a voyage to and . twirl the South Seas. in the years 1825 and 1826. From the evidence for the plaintiff it appeared that he acted as a mariner on board the Phcenix during the voyage in question ; that the officers and mariners, in stead of receiving any fixed wages, were to receive cer• lain proportions of the proceeds of the ,cargo, of which the plaintiff's share, after making the usual deductions, would be about 431. During the passage home, a sea• man, named Tibby, and another, having been " sky. linking," by throwing water over each other, one morn• ing before eight o'clock, and whilst they were washing the sides of the vessel were reprimanded by the Captain. At eight o'clock the watch to which Tibby belonged went below to get breakfast, and, after breakfast, the _ Captain ordesed Tabby to finish the work which he bad left unfinished at eight o'clock, but Tabby refused to resume work until the next watch (twtive o'clock) and he was ordered to go below by the Captain, who said, " You shall lose all benefit of the voyage, and so Shall several others." The crew, who were present, asked the Captain to sure whom be meant by several others? but the Captain refused to do so; and several of the men, among whom was the plaintiff, having declined doing their duty until the Captain would gave the ex planation required, the Captain ordered them below, land said that he could do without them, as he himself, with the assistance of the doctor, some other seamen, who did not join in demanding an explanation, and the passengers, could navigate the vessel during the homeward voyage. The men did not resume their duty I for a day or two, and they then addressed a letter to the Captain, expressing their willingness to return to their duty without explanation, provided Tibby would be allowed to resume his duty, or upon the Captain's eating whom he meant by the words to several others; but the Captain refused to comply with the terms stated is the letter, and the men d:d not do any duty until the ship arrived in the Downs, where the Captain took on board four additional bands to navigate the vessel up to London. Whilst the vessel lay in the Downs, the weather became very stormy, and she having been driven upon a sand bank, the Captain ordered all bands to assist in getting the vessel off the sand bank. and the men, among whom was the plaintiff, having obejsrd this order, got the ve.sel off the sand bank, and continued to do their duty until the vessel arrived in the London Docks. Mr. Gt/RNZT, for the def. Want, *Omitted, that as the plaintiff had, by disobeying the Qrders of the Cap tain, violated the ship's articles, which provided, " that the mariners must obey their superior Officers, and that any Officer or mariner who might refuse to obey the orders of his superior Officer, or neglect' to do his duty Juring the voyage, by day or by night, should be ex cluded from all benefit of the voyage," be titled to maintain this action. Tne Learned Counsel put in the ship's taining provisions to the above effect, rad tit t »Mlll* DOI CO. i 11 attic's'', ;Os. called a sea-