The Statesman. — London, England, 1822-05-30 00:00:00

AMERICAN JIIRISPRUEENCE. Muth. Court. April 29, 1922- TIMOTST Lava b. MAX AAAAA CARTWRIGUT.-111- terestleg decision as to the Captain's right on board a Merebestows, to chastise his seems ; also. of the mate on board the same, and. when, All bow he may exercisethat right. o .. 'lbis was as actios of Assault mid Batt ry, alleged to have bees connaitted by Captain Cart!t ht the de fendant. Muter of the ship South Caro is Packet, recently from St. Croix, upon Laye the plekatiff, who was steward of the ship. It appeared is li'stimony that on the outward voyage the Cook mark, and Lay*, being the Steward, was next is order, isigeed s-i, • by the Captain to act in his place, t. One wonting he spoiled the brealtfasij* toil slo venly thekery—bent the rice, so that lt,was not eat able; and boiled the mackerel and potatoes together in ditt water. and is a dirty kettle which Ati.not been c le aned after the precediag day's cookerf.,!rhei Captain fee his punishment lashed him up tyis thumbs to the main abroad, and there kept him 'kept two hours. Ninon!, the first witness, made oat oe peolehmest to be severe and creel ; he said the plain tiff could set stand fairly upon his feet. and was so far suspended by iris thumbs. that when takes down they were swollen to that degree he could not use-them, in c,ousequan of the severe infliction. The exact truth of the ease, however, seemed to be that the plain tiff was not so tightly bound by the thumbs as to oc casion any great degree of pain ; and could stand perfeedy !Fright and free upon his feet; and that none of die crew heard soy complaint from him what ever, after he was let down; the single wheels afore said only excepted. It was also alleged. that the Cap tain combiitted seethes assault and' battery on the plaintiff on the return visyage. Edw. Burr, Esq. conducted the defence, and summed ap to the Joey is • handsome style for Capt. Cartwright. Mr. Rose addressed the Jury on the part of the plaintiff. Mr. Justice Seawron. who presided at the trial, then groceeded to recapitulate the testimony, and charge the Jury open the law of the case. The questions to be settled by this Jory, his honour remarked, were first, whether the chastisemeot which the Captain inflicted was mmecessarily severe and disproportionate to the of fence That the Captain of a vessel had a right to in flict ehartirentent on one of hie crew, when the conduct and due monagement of the vessel rendered it necessary, was not to be questioned, and it would appear that in the present ease the conduct of the steward was repre hensible and justified some chastisement. It was in evidence that the steward of a vessel should understand, and when called upon by tbe Captain is case of neces sity, such as sickness and the like, perform the duties of - the cook, and so, sent to bias, in case of necessity, one of the crew, or the crew in rotation. The Steward bare had certainly sot dale his duty, and the captain as he bid a right to do, tied him up by the thumbs to punish him. if however, the punishment was excessive, the jdry must And a verdict against the Captain. It bad also been proved that the Captain on a certain occasion bad kicked the plaintiff after he bad ordered him, and while the was going down, the companion way;— but it appeared, moreover, that u he was 'going down, the plaintiff loitered sad stalked back to the esptain. On this latter point, it might be doubtful whether the plaistiff shottbl not recover, as kicking, if they believed the witness, did sot appear to to ha necessary ; but the Jury mast decide according to their own view of the case. The Jury retired about twenty minutes, and returned with • verdict. Not Guilty. Another cease then came as of the same plaintiff against Thomas Roland, the mate, also fur assault and battery, sad Involved still nicer points of law. Layc la dile case, alledged that the defendant bad is several legumes during the voyage violently beaten him.— There was no testimony that Roland the mate, bad struck him, or kicked him I. three several inst I sod bad there been no contradictory testimony, or bad the jury placed the fullest reliance on the plaintiff's witnesses, a verdict for a considerable amount might have been found for the plaintiff. That he had been struck by the mate. there was no question; and the print of law raised, was, whether the mate under the circumstances had a right to chastise him. Mr. Ross for the plaintiff, contended strenuously, that the mate had sever a right In say circumstances whatever. to strike a hand at all ; but must in all cases of his misconduct report him to the captain who might chastise hint, if the circumstances of the case demand ed punishment. Mr. Sumo, on the other hand, contended (and the Court charged the Jury accordingly,) that there cm telaly were ciressestauces le which the mate was jus tified is striking a had, to enforce obedience. For instance, when the serail; was sick, or oo shore, and it was uecessary for the mate to compel some duty to be done immediately. In such cases it would be jos rift/able. So, even if the captain were on board, sad the mate saperietending on deck, aid some necessary duty on which the salvation of the ship depended, was to be does instantly. There the mete would have a right to compel kismet obedience by blows. Gene sally..however, his hosoor remarked, when the mate might have time without danger to the vessel, to re port the delinqueot or disebedisot man to the captain, that he might deal with him, be would sot be justified in inflicting puoishomit himself. The Jury, after about on hour's absence, came In with a verdict of six rents. damages for the plaintiff, and coats. The details of the testimony in the foregoisg eases are not particularly Ogee. A due understanding of the points of law involved, is all that is considered of essential importance. Many have been of orioles, that a master of a merchant vessel lass no right in soy case to flog a hand on beard ; sod that the mate certainly never could exercise each authority. The law oa those points, however, will be found correctly given as above; and when it la added, that the able Counsel fur the plaintiff, himself, conceded that inch was the law, and did not fora moment attempt to contest it, so far at knit regards the iaptaio of a ves sel, the public may look upon the °pieties, of the Court, in the two cases as above expressed, as speak lag the law of the laud with entire corrects's,. LA#V INTELLIGENCE. COURT OF KING'S BENCH, M 29. nil LINO V. 11 AND This WAS AO indictment against dm defendants for a emispiraey to gi►e a man false credit ; hat as the ease west or upon a Foist of form. •we forbear entering into the details. The Jury. larder the. Learned JaJge's direction,. found the defendants Not Guilty. TON LINO P. THATCOrIt. This was at taslictsnent against a Vestry-man of the , TESMA N s tate, sad bad a wife depending upon Lim, he was for !gives. and received bark into theieserviee, bat it'was not long before he appeared to have forgot-Ids 'promises for esoory again disappeared; and on Friday last. 51. 2a. 11. in marked money, was left in the desk, and on the Monday following a defideacy of 11. Bs. was disco vered. On the day after this discovery, on looking to Dee whether any more money bad been taken, they sere ;surprised at finding 7s. had been returned. The prisoner, when charged with the fast, denied it most strenuously. but Davis, the beadle, was seat for, and to him he confessed, when in custody. that be had thrown away the false key he had procured of the desk. They had di-covered, that in addition to this offence. a considerable POW of money was unaccounted fur by the prisoner. The prisoner, who was so mach overcome by his feelings as to faint assay once whilst before Isis 1... rd• ship. now. in tears, declared that the reason which had prompted him to commit the robbery was argeot din . That the salary was too small for the subsistence of himself and his wife who was far ad vanced in pregnancy. *hen an execution was put in the house for a debt which he bad been obliged to con tract, and under these circumstances be was tempted to take the money of his benevolent employers to save him from worse consequences, in the hopes of being able to replace it before ''•a deficiency was discovered; pad he assured his bort' bi • that it was is this inten don that Ise had replace.; me small sum which was af terwards found to have been returned. He implored compaulion for his weakness in yielding to the temp nation, of the criminality of which he was now fully sensible. The Lone M•TOR said that this ease presented • striking instance of the consequences of letting chari table feeling get the better of prudence. He could sot blame the prosecutor for pardoning the first offence of Ike pri s , but on receiving him back again into his employment, his compassion bad carried him too far, and had occasioned that repetition of the offence for which the unfortunate prisoner was now brought to &sewer. His Lordship had no discretionary power Over the prisoner. Mr. Miller said that the prisoner should have known, that bad he stated his distress, if such distress as he bad described really existed, ample relief would have been givisb him. The Weimer was sent back to prison. Bowirraarr —Yesterday Geo. bock a pilaf man employed sea servant in the service of Messrs. Evans, who carry ea the muff trade in the Haymarket, known by the same of Fribourg's, was charged with ashes sling his employers' property. On Howard, the con stable, taking him into custody on Tuesday night, and being isforsaed of the charge against him, he made an *Mow to run away, bat the Constable pursued and secured He found apes him a sonff•box, such as Mr. Evans KEN but he could not identify it as having been stolen. It costaised saga which nearly filled it, and among the snuff were tea sovereigns ; a 51. bank note was also fused In his pomades, which bad been gives him by Mr. Bass to pay some bills.— Mr. Minsholl. she Sittig Magistrate, annositteri him fat 1111Nrusalftibie. Jobe Johan, os was charged with a misdemeanour, in hating been foond Ia the parlour of the house. No. 7, attached to Shelield's hotel, in the Adeiphi, before sight o'clock yesterday storniog; 'bee the only Be gonia be gave to Chu. Ramsay, the waiter, was, that he wasted to be; a plus of bread, sad on the waiter Wog about to search to eadtortain if he bad stole any thing, be ram of, bat was pursued by the waiter, and 'a female servant, with the cry of atop thief, and was se cond. He was committed for trial. Chao. Hall, a pawnbroker, of Clarendon-square, Somer's•town, was convicted in the penalty of 40s. for taking more isterest of Bliss Mitchell than is allowed by Act of Parliament. MUSD'S or MRII. Mills,the constable, who was one of the first persons that en tered the house of Mrs. Donatty, after the discovery of her murder, attended before Mr. Mirrsnut.i, and produced the sack, and the case containing the sheath of the instrument supposed to have perpetrated the horrid act, to which be Mixed his seal, and signed his name upon them, for the purpose of identifying diem at any future time. They were then handed to Taunton sad Vickery, two of the principal officers. who are assisting Mr. Taylor, the Vestry Clerk, in the pur suit of the murderers. Haunt*MARDEN...-4411terdlly AMU Kneen was charged with a ►ighway-robbery. in stopping Mr. Cope, of Bray's Inn-lane, about a fortnight ago, in Spa-fields, and robbing him of a gold-watch, chain, and seals. vale* thirty-guises,. He was remanded. u many other charges, of a similar nature. are ea petted to be brought against him. Qunsw-Suoaan.—Yesterday, Francis Cousins. one of the principal witnesses against the persons charged with being concerned is riot io Peter -street, Westmin• suit, on Monday night last, came into the office be tween twelve and one o'clock. in a most shocking state, his face and apparel covered with blood. and his body mystic h bruised from kicks. blows, Isc. He applied to Mr. Worm the Sitting Magistrate. for a warrant against No Irishmen. who bad set epos him, and beat and kicked him till be was nearly insensible. The Magistrate ordered the applicant to go into the office-yard, and wash himself from the gore that so frightfully divagated his person. and when be had recovered in some degree from the effects of the in jury, to return again into the office and renew his ap plication. Between one and two o'clock the man again made his appe and stated that he was standing at the corner of Leg -court, Peter-street (which is completely occupied by the Irish), and one man came behind him and struck his a severe blow on the head, which felled him is the grunt!. and while be lay there four other men kicked him. One of the men declared that they would murder him for swearing away the life of his brother. The Magistrate ordered warrants to be issued against the olfeuders, and Poplr. the °Seer, was di rected to execute them. The wen were painted out by the applicant; they were taken into custody last eight. and will be examined this day. Mrs. Fieldiag. the relict of the late Magistrate of Queen-Square. of that name. summoned a broker. re , siding at Chelsea. to show cause why be should not return to her a sovereiga. which she had paid bins for a shilling by mistake. Mrs. Fielding spoke positively as to having.giees a somerriga and a sixpence. for one shilling and sixpence; but this was as peitively de o nied by the broker's son, the father, to wh Nn the mut iny was paid, not appearing. The abglstratas ad. eked Mrs. Fielding to Gammas the broker to the Coon of R•questo for the sovereign; she replied that sky certainly would do on. aad Inft the office. cußusktia• rAQUSSTS. ' _ _ A nlnquinition was held ;11 Tuesday night at the SI mr guess of Oranhy Tavern, Knightsbridge. on the body of Mr. Rob?. Lethbridge, magical instrument maker, late of 57, Pnlan,l-street, whet having for sone ties absented himself front his home, wig eventually &sad drowned in the Serpentine River in Hyde Park. hold. Ragleton, assistant deer keeper, in H►de Park, stated, that it was reported that a gentleman bad walked into the river, and drowsed kilned; and that on Mogan:, morning, between five and six n'cl.wk (at the time the alarm was made) he got a boat and dragged fur the body, and about eight o'clock drew out the deceased. He was attired g em . pletrly etrept his shoes and stockings. The b o d y was in five foot water, about thirty yards from the bank. Mr. Thomas Lethbridge, ,of t„ Upper John -street, Oolden-square, brother of the deceased, was e x ,. mined ; he could only prove that the deceased had not been rAbed, and that there were no marks of vio lence on the body. • The Groner addressed the Jury, he said that there was no evidence to prove by what gusto. the deceased came into the water. the probability was, he thought, that he threw bitamlf in ; bat they could not come to that decision without evideace en oath. The Jury returned a verdict " Rosad Drowned." An Inquest was brill the same 41 , y, at time Tarfe Tap, tiro.venor-place, Heightsbridte, on the body of Wm. Diggin, who was killed io Park-Ism, by the ful lowing melancholy accident : The deceased was conveying a quantity of lien in a cart, to the house of Mrs PitsSerhert, in Tilnev street, and as be was driving np Pdrk-tane, a torah, that was driving down the same s'reet, by Mr. Swains., • stable-keeper, came in contact wish a violent MOM. sion against the cart, in which were t' e deceased and a little boy, who were thrown out. The former was killed, and the hoy greatly injured by the cart being upset, and falling upon his legs. The break was over. ' turned, and the horses thrown down; Mr. Swain, was pitched from the box, and considerably hart. • It was stated that no blame was attributable to 31 r. who did all in his power to prevent the accident ; hut the horses were completely unmanageable. The Jury expressed their opinion that break. ought not to be allowed to drive along the public streets ; in fart, they thought there was au Act of Parliament again' the practice. The Coroner said, that such an Aet might be in existence, and if there had been evidence to prove " a breaking of horses," or any improper conduct on the part of Mr. Swain., he should have advised that she Jury should visit him with a heavy (leaked ; hut as it was, he recommended only a nominal deoshino. Verdict, " Accidentally killed," deodand is. Last night an Inquest was held at the Bull's Head public-horse, York-street, Wermiester, before Mr. Dell, Coroner for the City and Liberties of Westmin ster, on the body of Mrs. Martha Qoigley, of George street, Portland Chapel, who met her death in the fol lowing shocking manner :—Ots Monday last the de ceased acconspasied her father-in-law to Hatseveea, and they went to view the istereal part of he wind mill, sear the Red House. On returning dews from its summit her father-in-law suddenly missed leer, and heard one of the workmen call to him, " Your friend is no more." On looking round be perceived her en tangled is the works, and learned from some persons that the fan of the mill had caught her and dragged her in. She was soon extricated, and surgical aid procured ; but she expired is a short time after. wards. The body was conveyed to the Westminster Infirmary. The house sergeou at the Infirmary was called upon to state the injury abe had received. He sag's' who was to rem ate him ? COILONER.II is a parish busioess; you bad better apply to them, sir. Surgeon.—l should ba paid. Cosorraa.—This Court has no such power. I " The Surgeon was then sworn. He said Ow i ceased's skull was extensively fractured, sad her a • and other parts of her body were so much injured th surgical aid could sot save her life. Juryman.-1 understand you were not at the Losp tal when she was brought in, and that it was your duty' to be there, if no ether surgeon was at boos . Surgeon.—There was a sargeon is Charles-st.re.. who was sent for. Pray, Sir, are you &subscriber ?or why do you ask the question? Jurytoan.-1 ask it as a Juryman, conceiving a per son, under peculiar circumstances, if brought in, and no surgeon there, would die before a person arric.d from Charles t•treet. Surgeun.—l expect to be called ;spas again in a few days to give evidence upon an inquest ; Mr. Coro ner, who will pay me ? CORUNER.It is the law that requires yose attend ance. This Court could summon you. and if you rt fuse to attend, issue a warrant, and commit you to prisoa till you give evidence. as the use might be.— Wi bowed and lett the Court. The Jury then ronsalted and returned • verdict.-- Accideatal Death. MARRIgir. - On Wednesday, the tOth M.A., et St. George's Church. Hawser-square, John hirinian, Eq., of Grose-plow Al pha-road, to Elizabeth, eldest daughter of T.Cheselier. of South Audley-street. Os Tuesday last. the 44th Inst., in the psrlsh church of Torrey. In the county of Redford. the Res. James Alarahau, Minister of the Outer High Church. in the city of Glasgow. to Mary Centeno*, eldest daughter of the her. L. Rich mond, Rector of Tervey. Ou the Yid inst.. et Rrisllngton, near Bristol: 44r. Joseph Bowliolit. of Nelson-square, Lawton, to rah Maria Au, eldest daughter of S. Guppy, Esq.. of DIED. Oa Tuesday lest. the Sfith last.. In Bu 11, 00 01, in ibe Nth year of his age, J. Barnwell Murphy, Itaq., fOrtoortY of bray's-ion. Oa Seaday, the 90th inst., after a lingering Wens Wm. Rebbeth, Esq., of Bedford-street, Bedford-row, in the illth year of his age. Oa the 34th inst..O.Dettmer, Esq., Blekelsell, Wasstes.', Essex, la Ms 66th year. Loudon : litOttool. Prituod. ono PUlNlsliesl a wr Udl,r "TiV STAT 111111.11" and " The CONSTITUTION" (Sunday Paper.) No. 017. Streets!. by R. WARDZI.I., 1.1.. U. to whoa all coomvoicoUoito. Wets, to. we rfigNlMPOidli to be eddsessed: parish of Paddiegt,a,.fog an alleged assault e pee al pauper. named' Church , him had applied to the de fendant for relief. There was contradictory csldloce on both sides. The use went to the Jury upon the evidence. and they found the defendant Not Wasp HUGH!. IP. HIM. This was an action of trespass, for seising, taking, and carrying away the goods of the plaintiff, a haber dasher, at Chelsea. The defendant pleaded leave and Ii The defendant was a relation of the plaistiff, and had set him up in business as a haberdasher at Chel sea, and bad taken a warm% of attorney by way of security. It was alleged that the defendant being I dissatisfied with the circumstances of the plaintiff. who she supposed was not able to make good his pay ments. came to his shop and swept away all his effects; in consequence of which he was obliged to shut up shop, and leave off business. His complete rain was I stated to be the consequence of this proteediag. Upon the km of leave and licence, a great body of evi dence was examiae.l on both sides. The trial lasted the greatest part of the day. e t m T e Lone Co JUSTICR summed up the evidence on Hs sides, and left the case to the Jary upon the cr it of the witnesses. The Jury retired for about half an hour, and found their verdict for the plaintiff—Damages 1971. 15s. lid. OLD DAMP r. John Josephs, George Werner, Jewry were indicted for stealing several reams of paper the property of blesses. binster and Co., Stationers, of El. bow-lane, Whitechapel. It appeared that on the 23.1 of April. the proems tor 's waggon, containing the paper io question, was in Wentworth-street. Whitechapol, when the prisoner Warner was seen to take a ream of paper. He was walking off with it when the carman stopped him, es which he was attacked by • gang of thieves. and cruelly beaten. Several persons residing on the spot swore that all the prisoners were engaged in the transaction, but they did not see Mason strike a blew. They were positive Josephs was amongst those who U. tacked the carman. A woman, however, stated that from the situation in which she saw Josephs is dw street. be could not have been Assegai in the siker. The prisoners were sabrequeetly taken into castady e when the prosecutor instantly picked out Josephs Am among twenty persons. The robbery took place between ten and dens o'clock in the morning. The prisoners. in defence. declared their innocence; and on behalf of Josephs, his sister and two other per sons of the Jewish persuasion, swore most pesitively that on the morning of the 23d of April. he was et keens engaged in work till past one o'clock. The Racoaean summed up the evidence, sad els. served, that without the triteness for the defence bad misrepresented eircurostances, for mistaken they could not be. Josephs was not guilty. The offence, though one that was not punishable by death, was one of great enormity, and committed ender cirenortanes of gran aggrandise. The evidence against Warne was very clear. sad it was for the Jury Witty whether ant or all of the prisoners were guilty. The Jury retired to deliberate. sad on their return into Court pronounced Josephs and Warner guilty. and acquitted Mason. The Gun warned Mason ea his future conduct, oh serving be bad before bees in bad company. The Rocoaesa. in passing sentence, said be had no doebt the robbery had been committed by a most desperate gang. To save the prisoners from the hands of the common executioner, and to protect the public, the Court sentenced them to seven years' transport ation. and If, Meson. On judgment being given, Joseph appeared our• wbelmed with grief, and was scarcely able to support himself. James Disks. a youth only 14 years of ago, stood indicted for privately stealing a quantity of lace from the shop-ef Mr. John Veball, on t►e 7th of April lasi. —Osilty. There wu another indictment against kin. bat the Rocoonas did not think it necessary to go lam It. and immediately sentenced him to be transported for life. &newel Roberta, an old offender. was indicted for stealing from the person of Mr. Benjamin Oliver Moore, on the 15th of May last, in the parish of St. James's. Westminster, a silk bandkereldefiniity. The RICORDIR said be never knew so many charges of street robbery before, and as the crime bad in• I creased to so an alarming extent, the prisoner must not expect the slightest remission of his sentence, which was that be should be transported for life. His Lordship also informed the officer that the Court expected him to apprehend the female who was clearly a party to the robbery, and would be dealt with in the same way as the prisoner bad. On hearing his sentence. lb. prisoner in the most I olefin manner said. " Thank you. you have dean s4l yea can dot" and with a nameless expreesioa; •` I hope you'll soon follow me." POLICE. MANstou-nousa.--YesMrday a young man of re spectable appearance and address, was brought before the LORD Miami on a charge of baying stolen and em bezzled the property of his eusph.yer. Mr. Miller. a re spectable sugar•broker fa Mincing-lane. On. of the sons of the prosecutor stated, that the prisoner bad bees take. into their service from motive* of charity, without shoes to his fut. aad an office formed for him, as they had no occasion for his active services.— For a short time he went on la a manner t►at evinced his sensibility of the benefits conferred upon bias ; bat in time his dress and general appearance readied a height far beyond that which the salary given for his probationary services would enable him to attain. It , was soon after this course bad commenced that defi ciencies were discovered in the sumo placed la the desk of the eonsting-house, and to which access weld only he obtained by means of a false key. The prissier was one of the last suspected. for II was aot coaceived that he who had bees as musk bewailed could have been the robber ; bat same deficiensite were discover ed in the accounts, and it tuned eat that the mosey bad been sashes:led. The primmer was taxed with his Ingratitude, when he confessed the fact, mud cm his "knees implored pardea. and promised ameadment aid fidelity if it were granted to hint. As he was desti- -