The Statesman. — London, England, 1821-08-16 00:00:00

0 . JOE • • r ge• _ SECONDARY'S GOUR I FI . - - 1111111011 C . 214.101%. This was • writ of inquiry to assess the damages is. teflon of assault and false imprisonment, in which tb. soefearisnt hail suffered judges,* to in be Mundt. A , , t peeial Jury hod been eanussoned. bet four Special Jury men may were in attendance. The plaintiff's Counsel having congested to a pt talee. the Jury WO sworn, and Mr. C. Pommes ceeded to state the case to the . I nry. The settee was brought by William Pickford, the plaintiff, against Henry Augustus Elliott, the el tendrils% to recover damages for a trespass, as assault. and a false hopriesament. sad to recover the vain, of property beloogiag to the plaintiff, of which the defend ant lid violently and wrongfally possessed himself. It might be necessary to inform the Jory, that the plainti was tie ems of one of the most respectable merchasti o the the of boedon, who had been a Governor of up wards of Si charities, and who at the time of his death was the eldest Governor them living of Christ's Hospital. His property. and. he treated, his respectability had de "Area apes his children, sad Mr. W. Nekton' was now *a merchant of the city of Loodong and the owner of se veral ships, one of which was the Resource. The defend %lir. Elliott, was the Captain of a sloop of war, the s, in his Majesty's Navy. In the year 1820, the atiff went in person on hoard his ship to the Bra ill, in consequence of the value of the cargo, which consisted chiefly of dollars to the amount of 400,0001. There was on board the vessel a carpenter of the name of Patteson, a very skilful workman, whom the plaits tiff had oreasistaly indulged, when they touched at any pert, by allowing him to work ashore on his own - oust, and although be might have stripped his wages during such period of indulgence, be had Serer done so. There were some persons in whom in dulgence failed to create gratitude, and unfortunately ilistteson was one of them. When the ship arrived at the port of Rio Janeiro, lie asked leave to goon shore, fret as Captain Pickford had no pratigne, as it was tech -laically termed, with the shore, and as Petition bad abased the indulgence which bad been granted him on a farmer occasion, he refeeed to let him go. Penmen 'because discontented ; and be contrived to committal sate this discontent to the rest of the crew, so that it rose almost to absolute mutiny. As the Icarus sloop of war was lying near the vessel. Captain Pickford 'thought it right in this emergency to apply to any ship ist war which bore his Majesty's flag, and lie accord ingly ordered nut his boat, and went on hoard the cares. He did not see the defendant on this occa but be saw a perfect gentleman, the Homier- Kt. Mande, the First Lieutenant, wta was at il a time itt Ireland, and who could not therefore, he gritted is say, be tailed as a witness in the cause, see by a strange anomaly is the process of the 'English law, a sabres& did not ran to Ireland. He ,seated the situation is which he was placed hr i el the carpenter, and Mr. Maude, with idiot - y which generally characterises the r and of the Navy, instantly ordered a midshipman and a ounamir of marines, to go on board the Re soiree, and bring the mutineer Patieson to the Icarus. Captuim Pickford was at this time in • bad state o heal*. and in *addition to the_miefortuae of a debili tatoormiiiitilntla, he hattuttoEd Ijlug cm its death bed at a hOwte hi Rio Janeiro. He went on she for the pities* of seelag his And before its death, and while staying at the house lie received a mes sage from Captain Elliot, at the ropers ..of•wb he *as not a little astonished, for he wits told that an less he regdoet, within half is hoar from the recap of the message, on booed the leans, and paid Pennon whatever sass he denta.i Mist would wad ' =Aimed hooch an bomb 'robust ship, the Re soarce, and take oat donate to she amount of Pattesos's demand. The distance of the boon from the shore, and the state of the plaintiff's habilis, rendered it i possible to comply with the samemos of the defendant within the time prescribed, and she plaintiff therefore wrote a letter to Captain Elliot, is which be depre eaterl the threatened outrage. and stated his readiness to maim every effort in his power to see Captain Elliot as soon as possible. lie accordingly did repair on board the learns, and it was there that lie bad the mis fortune of a first interview with the defendant. As .00n as lie came on board, Captain Elliot abruptly as him, by observing, that there had been a grout deal of trouble in settling the actuante between Id .ad his carpenter, and added, " I desire you wilt tie them instantly." The plaintiff said, he was quite ready to settle them, sad drew a cheque for the suss doe to Patteson. Captain Elliot objected Se the cheque sod said, .. Come. Sir. that is not your name; by 6 you are falsifying your signature." The plaintiff is vain protested that he was a respectable messimat, in. capable of committing such an act ; the Capita swore that be was a shabby fellow, and ordered a fresh cheque to be driven for the whole sem demanded by Pattie see. Upon the plaintiff's refasiug to pay this sum as it amounted to 91. more than was tine to Pit ies... C a ptain Elliot said, " If you do cot pay it iestantly. I will tie you up to the gang-wag sad give e on sia dozen lashes. if it cost m e SNOW. Gaptain ticketing replied that he was on board his (Captain Elliot's) vessel, and th,it he knt'w be waif in his pewter; ,'tut be would sot dare to commit such an outrage sp. ras Ishii wuen there were British laws to appeal .to for redress. lie.requested the officers of the ship to give Ishii their names. as witnesses of this transaction...- Captain Elliott forbade the officers to give their names at their peril. "And now for your insolence," said be. turning to time plaintiff, " I declare you a prisoner. mad eV his boat; I will not take your dollars, bat by 6.-:- I will take your three topsails." This order w no sooner given than executed ; iu vain did the plain. till eapresent the danger which would arise from disl omitting his ship in the event of a storm. Captaiis Vil l Ott ordered out au armed launch to go on hearth ..hip of a British merchant, and actually brought way the three topsails to the Icarus. The plaintiff ib the meantime detained a prisoner on board sloop of war ; he appealed to the humanity of ..aPailo Elliott to inform his wife of his situatiat ; his request was denied; he begged to be allowed thei use ref pen, ink and paper; this, too, was reflood., I; tin Pickferd-applied, as soon as beget on 'he al , * a I autherities of the country, and a criminal war. was issued against the Captain of the teamed /moldy met executed because the &headset limier the ME of England from the Port. Ti.. 'bead at that the hardihood to bevy that hi hsulblitadliss sante with which be was charged' limier iger coaasitatioo with his legal advisers, W -- " - Z7be useless to follow op insolence std 4- " It it in a.Gairtt of jastlee, and P- .. sport._ the reeord that Ite ba d And plundered the plalatifF. Tisi 4 laid in the deeistatioi at !.WV., and the Jury iN see whothee any rieenmstaaces of initigatios Id be &clawed to dimistsls thole damage'. ,Having ; stated the Case, and expatiated opus it at coal& ruble length, William Faller was called, who was master of 'tins earns at the Owe of the assault and istrimiument, ad another witness was also sworn; but the plaiseiffs Counsel conceiving that he bad already fully proved his case, declined exatisining bins. Mr. ALLEY then addressed the Jury is mitigation if damages. He contended, thet thecae., wises stripped of all the verbiage with which the plaisitirs Come' had surrounded it, was alas which called only for very oderate damages. However feast the language, and howeier dextrona the mitioese of his Learned Friend might be, the coarse he had taken was directly • outtary to that so hausinossly pointed out by Lon ginus. The immage to which he alluded—.he gis t/deed ftdm troubling the Jury tbith the words of the riginal—might have taught hie leterised Friend eery iffareut principles of pleading. there were many ircumetances which his Learned Friend had stilted in (motion of the assault, which he had talks! to Widish by evidence. As to the charge of the defend stss absconditig in consequence of hiving commistell an act of piracy, it was basely false. It was foetal in cases of mutiny on board Merchant vessels, if a King's ship was lying near, *0 call upon the Captain of the King's ship to interfere. In this case Captain was referred to as the arbitrator betweeb the plaintiff and his crew, and he was satisfied that there ;fa* no emend far the plaintiff's c omplaint. As to the taking of the top-sails, it was certainly an illegal act ; but ' ptain Elliott acted under an erroneous impression of the authority with which he was invested by the Ad of Geo. 11. cap. 36. That Act enabled seamen on board Merchant vessels, to enter as volunteers on board King's Asir', and it empowered the Captain' vi King', ships to direet the payment of %Itch stamens' n age. ; bos it gave no power to enforce the payment by a sum mary distress, although a contrary impression pre- 1 railed among Officers in the Nary, and the practice had been to levy a distress on beard Merchant Vessels. where payment was refused. The error which the de. fondest bad committed, was rather an error in jurig-' meet, than an error of the heart. He was not in a condition to pay large damages, for though connected , with a family of high rank, he was a younger brother. and his only patrimony was what he could earn by his !Sward. Under ail the circumstances, he was satified the Jury would consider this a case which called fur very Silsperate damages. .The Seconnsitv, after briefly recapitulating the evidence, directed the Jury to give sash damages as they might think due to the wounded feelings of the plaintiff, aid In addition to these, the value, whatever it might he, of the three topsails. In assessing the damages they were bound, in point of law, to lay oat of their consideration the threats of the defeodest, which formed so part of the assaultand false imprison. ant charged on the record. Tin Jury rag* Sur a short time, cetsrat4 with verdict of—Ltessaps fur the l'inenenstal MIDI.3.VD CHICCIT. DOUBT A2Bl2llB.—Ur■ sr, Tvr.svar, Avc. 14. FATAL DUEL. /MAL AND ACQUIT ral. er TIC lllWfTLt iihse•wuiuss lllAXlLll. The important trial of the Brittiebanks mow oa his iserviag. This case 'sacked inesseuse interest iss be county. At an early hoer an immense er•wdsur• sounded the County Hall, and the rash, when the loon were opened. was tronseadeos. The Court, over which Mr. Justice Pass progided, resembled at $ &clock ; the primmer*, who were pa• left and isteresting yam( mem. were brought in, sod the Josses being sworn, and the case having bees 'Feud by Mr. Ct.sass. jun.— Mr. Dsnsax said, it was his most psiollel del, to Mate, as shortly and as simply as he could„ the 4i canistances of the case :— . the prisoners wore to be tried fir a crime that was considered 'we of the here vies* of which human nature was capable. A sob . Fier was charged to have.bees committed by Mr. W. Ilrittlebank, and the prisosers staid on their trial to' aidiag, abettlag sad assisting is Unsaid seeder. /I caned nem them most earnestly to measles from their minds all previous impressions Witela they might have recoirod, and to confine their attention solely to the evideace which would be subasirod to their cousideratian. The deceased, Mr. Cuddle, had been a verges' is the Navy ; be had retired en half-pay, and resided at Witmer, in that toasty, sleeve Mr. Brittlebauk, the father of two of the prissier*. resided. Mr. Caddie had been we irthrett le with the Brittiebasks, blot their friendship had billoo in colleagues's: , of the atteatieso of the issevasi to all Brittlellank, which certainly had bees 4:2•yroved by the members of her family. On ibis su at was us necessary for him be go la any very sisete details he would Amigos at ones eiVeittlie which the Jury were to take hew their cossideratips,... Ua the 21st of May, the day before the death of Mc Caddie, $ letter was brought to hint by the servant a' Mr. W. Brittlebank, complaining of antitank which ' said he had received. and calling on the deceased to' .4, in order to expiate that insult. Mr. Coddle refitiedi to give an saucer to the letter : In croquettes of this on the following day, the prissaer Nkomo, who bad been seat for from Bakewell, arrived *Wirter, and agreed to go with a message from Mr. W. Brats!shank, deutamling that Caddie should light him, or mike ill apology. Caddie replied be bad so apology to gni* sad would not meet Mr..W. Brittkbaak. Broca ear , vied back this aaswer, and returned afterwards to God& w ith a Dew message, and on the deceased repoadlar tii determination which he had previously musioacid, he told bits that Mr. W. Brittlebauk was thou in the gar. den, and remarked he might me and speak to kilobit he would sot fight. These were facts to he peered b 3 witnesses, sad by the dying declaration of the de ceased, which by law cookl he received m evidence II cases of this deseriptioa. Cookie went Ws the dank, where be Used W. Brittlehook, with his heaths Andrew sail Froacie, who bad bees mew to rt few their home to that of Mr. Caddis. dere Andre Brittlebask sto M rmed sides. to provost the awl, calling ups r. Caddie to make an ogy. _ Ibis declined, and pistols were this proobood Mr. ' Ibitttebasit hiving walked UWA yes& frets !be sessed, Moth tamed sad femmll. se.lbe beans& ' bees Mod sow the spot so shish lb. steed; ses i E l see se i g Ow bet itt whew s if r is Isbell din Dio-- .~ 10411 hp b.fla bad el AIN* jiltlnane tiat tvhkll he forced 'Mr: Own,- TM'clams no pert of the osecution. Wetter, totkr persons we log tit the logo sari for the purpose in to fight >< cilia, tliough that awl might be —.a most fairly, aCcorsilig to the law of honour, was murder. wider certiin circumetaaces, in the ey f the law. Mr. Cuddle received the ball fired from he pistol of air. W. Brlttlsbank ; he was then carried me the kitchen, he believed by Spencer and Andrew BriUlehaalt , What followed would be proved by wit , and be expected it would be proved that Mr. udrew Brittlebask had at first denied having present, but when the deceased stated him to be here he then said, " Well, since you say so, did I sot try to prevent the duel, by pressing yon to of lag in the shape of an apology." W. Brittle. honk bad said that the deceased mast consider Spea ras his friend, and it would be sheen, that when addle, in a dying state, had been pressed to dee.are the duel had been a fair one ; be declined doing so, though aware of his situation, sometimes by expres lees, and at others by actions of dissent, such as shah. ag lois head, and certainly died without any such ad- Lesion. Should the evidence fail to make out the barge, those ..:ncerned for the prosecution, would be t happy to hear of a verdict of acquittal.— Shnitid the fats be proved, their righteous verdict mast he given, and painful as it might be to themselves, and all who heard it, they would have but oue duty to perform. A variety of witnesses tv...re called, who proved the eircumstanevi wader which Cuddle lust his life. Il i appeared that he had received much provocation, but it appeared that the Pris.otters bad endeavoured to give him every assistance after he recrheol the won The Prisoners read written defences, in which, ey declared it to hare been their object to pre at the duel, and procure an apology (rum the de-1 A limiter of pensions of the highest consideration, ire them most excellent characters, and the Judge having snowed up, with mach impartiality awl feclintc. theJnry retired. After an absee.ce of an hoar and twenty minutes, at half past six they re ,turned a verdict of Not tiuilty, in favour of each of the Prisoners, who, deeply affected by their awful situation, conducted themselves throughout in the awl becoming manner, and on hearing the deci sion which restored them to society, they all booed their heads as its gratitude to the Almighty for their deliverance. POLIce. —rw-- GUMP,' tai..—Puor Gaines Godfrey, the rhain of whose history, our readers will recolirct, would, ac cording to his own description, have reached from Olympus to Tartarus, and a piece o►er to make a lash for Pinto's rebellious ()hosts, blade his last appearanre. and took Isis leave of this meditate yesterday. Ilis sires. had, through the kindness of Mr. Trager, the tiovernssr of the Cumpter, received tome additions: he bad been supplied with a shift end stockings, but the oreatnental (if at this time of the year not Ile. pump) •••twout. a mat std soltioth were still wan-. The voted** qrserielssuesir Is be Owe wisami hitr ? Messrs. Ogilvy, to lama he had referred, had sernoved, and were nut to be land, sad the other .e, Mr. 01Ionian, whet applied to. knew him. With respect to his Wore &ditty. the poor .Ilow expressed himself wholly ladifiereot, unless hr meld obtain sense engagement in the profession sof Aids he was so enthusiastically enamoured. "If hey would but let me sweep the stage, or be a candle suffer," said he " I should be happy U they would Blow me a bare subsistence, and I slooold prefer it to situation in any other employmeat with two or three 'hundred a-year." The Magistrate's interest, however, unfortunately For our hero, lay only with managers of a different de- Deriptioe. and all he could do fur loins was to recom mend him to the Overseers of St. Dunstan's parish. to be by them considered as casual poor within their 'lrish, and in that capacity to be passed by them to Ireland. This, however, was not the part Comae was esirons of performing, nor were the Parish Oiricers altogether willing to admit him on their establish ment, as be had merely been apprehended fur disor derly conduct in the parish, and bad nut slept or been relieved therein. Some acquaintance load, it seemed, found him out at the Compter. and upon his assurance that they wield call upon him again and afford him some assistance 11 be mold get into a situation, the Magistrate per mitted him to go at large. Poor Comer then expressed leis thanks to the 11a gistrate and Mr. Teagne for their humanity, repeated his best theatrical bow, and retired. 31stsstisx llouss.—Yesterday, .4fr . Sopprtl, a gre. cer, of 35, Upper Thames-street. aid Mr. Act 40d. were brought before the Loan Maven, on a cloaege of having incited a moll to demolish the wieJows of Mr. Turner, a respectable stationer, residing at the corner of Queen-street. Cheapside. Mr. Terser stated, that abut Ulf pelt seven o'clock on Tuesday evening, a mob of more than 1011 persons assembled at his door. and were incited to acts of violence by the defendant, Mr. Soppet. .t window was broken by way of comuseicensent, and the mob, which was encouraged by the countenance alone of wo persons of such respectable appearance, wunid have proceeded to further outrage had sot the arrival of a party of the police checked them. Mr. Acroyd took a similar part to that taken by Mr. Soppet, for both ;aimed ill preventing him, Mr. Turner, from taking the bay who bloke the Window into custody. Ike was confident that. but for the part taken by Ur. Sippet, the window. which was a valuable one, would sot have been broken, or the mob continued together. He night reparation for the tissue dose, ander the Act of I lieu. IV.. cap. 611.. *hick was enacted for 'purpose of agording summary redress is such twos, Whet* the dainties was not enfliciently great to ate the parties to proceed to a law suit, or bring as spinet the Hundred. r. Moppet. is 1164efest*, denied that he bad been t occasions( the windows hating bees broken. aid ' feuded MIA Re 'runlet had bought the *fairer r Metal; by Opettitig shop. ia contempt of tim in of hie Lordship, old *mower by exhibit's( shimedebl book and earicatite about the Kathal chief t whidaw. The . sleilhdalt sea *be w in to be, on the Ottppobitioit a r V e t oily ins Mak tkil It ot L vsA . * ► . , . window. when Mr. Tnnier reftsed to sett ii Idi --- 7 •l 4t a ordered him oat of lb. shop in an nogyatieduz y stutter. Ile repeated, that Mr. Terser iroold• ba t avoided all which had happened by Amid" ap shop and obeying the King and kwistaothOSlden that he had to blame himself for the consettatiallii it was he alone who excited the mob. .. id : -. 1 Mr. Aeroyd made a similit stateaseat IC by Mr. Soppet, and wilted that Mc = i broken the window had been pagedi hcal. dentally, and not by des . ign. • oe , 4rs ~.. kgi A gentleman who stated be was Ns Illiodlit'atorelai time, contradicted the statement met Aims and said, he would swear that the ' WM -14 broken in the most desigsed and dedialseg aiabsit iMe described the conduct of Mr. Soma **We kola highly frenzied, and of a natant to Emits the mob irbo had assembled to violoate. Mr. Terser, in reply to the obeetwatilms alt ilthp Mr. Soppet, disclaimed I•aving acted, is say way a n respectfully towards his Lordship. The fact was. h *hat up his shop, with the exception of the datwolla lag the forenoon ; but in the afternoon be had Imo necessary business to transact, and he had thou them* proper to have the shutters taken down. Mt. UM. said. that as a citizen and as a loyal saisiett, ha wa disposed to pay every respect to the remains of one a the Royal Family ; but he was net to be ruled by t " mob law," or frenzied feeling of the populace. The Lotto 31svoa said, be did not eoneeive Ile p! bent case was one whirh came within the aseatang il the act nailer which the parties were prom:Awl against: inasmuch as no evidence was given ao peeve that they had wantonly or malicionsly damaged the property of the informant, which was necessary to support a tow victim,. His Lordship observed with respect to bad been said about disrespect tom had given no orders to his fellow 1 tlow should or should nut do on the to. Ile had merely suggested the I lain course, and it was perfectly opti to adopt it or not as conscientious motives might ae rate. Under the circuon.tassces of the case he shosiC dismiss the cha•ge. The complalnant - df coatis WI his remedy, if he thooght he had a snelcient care i r an action. Mr. Towner submitted that it was not 'metier, Or . the defendosts to throw the stones or break thick* •low, to make them liable within the Act, as alders ao4 abettors, not as principals. The LORD Mayon was of opinion that the Act di nut at all apply to the Cabe. Mr. Turner retired, deelariag he *mild taithai p roeeediags is another Court. Lsseasvm-rranwr.—Two Jews, named Soh Lyon and Alining*. Aithess, were charged with a isery at the shop of Mr. Roger Saabrcke, Ron Whitechapel. The prosecutor. who is a sleek in the house of Messrs. Haabary amid Co., Look had le* home with his family ea Tuesday to see Ipaseeeeloa which attended the late Qom's'. rum Daring Lis absence his house was entered and rob of property to a considerable amount. Mr. Saabrebel same yeet;rday to this Ace to give information of tbs . - was sitting ism she parker of the Flying as to alla4 - et a st 011ie articles stolen.shes the t i t ; - in and offered him a bat for oak, which am of carried in a band-box. Cariosity led hhos to call se hat to see if it hued, when on harlot; handed it, he was not a little aptenisbed on discovering it * bi me stolen from leis house es the pnicedi*g He instantly gale the prisoners in charge to Milha one of the officers in the room, who immediately eta veyed them before the Magistrate, and they were n mended for further examinrion. Many-La-sen 0 r ca.—Yeeterd ay Joh* Deilienf was pet to the bar fur final etamination; charged with a robbery to a large unspent, at Mr. Jiggles Marshall Thompson's hotel, 26,Cavesilish-ostitiare. The prisoner was footinte to Mr.. Chsechill, a ialif who occupied apartment. ta the prosecutor's beeee► where. whenever a crowded company offered, he WM as extra waiter. Plate, Sm. were missing from timbale time, but nothing transpired to attach seipicies may individaal; until Sattirday last, whist a musidest his, named Leary. haring tendered fit IS*. at the of Mr. Was. Palle, pawebnaker, Oxford-street, a City of plate, the property was demised. together Ali the bearer. A constable repaired teitis Leary, the plate. &c. to the hotel, where the presassisttl scantly recognised the articles to be his priority * prisoner was committed for trial. Ton Queen's FINERAL.-111 jostle. to the proper feeling and peaceable conduct of the immune meld. vide of persous of both sexes that was draws together from all quarters into the city on Tiesday, wheel the Queens funeral procession passed through, we feel k our ditty to notice, that not the slightest accident of nay kind occurred, within the knowledge of icy efi the officers, on the whole lime from Templet/SI smoisia j to Whitecharel,—not the smallest vieleoce or ems insult was offered to the soldiery • but , en the ry, they were almost constantly cheered b y the Me lace with cries of G. The Blues" —"lhe BIOS fa t ever," the whole of the way; and yesterday or m t a single person was in custody either at this .Marl or at the titildball Justice-room, for picking poolialliJ or any act of riot, touit, or disorder, daring the time of, or in any maltose attri:2 l the passing of the proressies through the citi.—ti peaceable disposition on the part of the r e p t& when not irritated, was relocate In a siseffne WO it the occasion of her late ble)seey's v isit Is 81.1110 when, notwithstandiug doe medeavonts needai M arm, no accident of's*, kid occurred ; nor woe& the neat morning , at either of the Justice-mai single individual charged wit% riotous • dim** improper conductor's the oteetioo. At Weans, is the Nth Web. of do dabs. smst. • Ilea. East lolls Csespaay's Chit hareisa. 111 pangsat is. at' the Wm ChloriteM illdt, Req., 10101 ifllliof. I. di* iNli Voir et laht At filbrattar. Mthe Mba lIN et Jatra bs o r bs:C r ig hrel. raveling MSS, Edward Palk a lt e e pse l s tl , VS oar swam llsrt. int le bred ess , art sad last *a bawd Ilia -• vamoll lidliNgl. "Tait Statitsoui" 'Paper) Oh 1111111: by I. WAJUNION. saliasitesk 4 . ..11.41N um ow. row la