The British Press; or, Morning Literary Advertiser. — London, England, 1825-12-24 00:00:00

rAt W 1 Cli el hat tt y . . 7.3 I Is It 'n•nl )111 ,f 114 4.1 ate 104 , the meeting of the Catholics of the province of Connaught ~peeePpLc the day of meeting trout J the 4th to the 12th day of a- Or!' ele. °Treeless. coatinued.—The New Amociation would thus log b o tentially funned of the members of the ! onlysciatin, • .111 be paying them . a compliment, se they are corn /144 mni le form the Associnttnn; but that body will, of course, ex privilege of admitting new members ; although there wo doubt but they will require a sufficient apology from 7,4" catholic. as were not members of the Old Association. They shalt thus be enabled, without any infraction of the law, to form t. ,. ; powerful hotly that ought to be the means of obtaining Ca pig emancipation. If they were to meet on the 10th of Jane:- they would nos be prepared will the necessary business; :betook theme to himself that they had made each little pro. „, u ie the necessary pr e parations; but he would compensate, by ),;,1, - „bt e d tendons, and in which he could lie assisted the awe . effectually. as the insanity, that had for some time put in t . to their met eedings, was now completely subdued. It would ri o ,.,, et y to prepare, by previous organization, for the simul twit° to wing. of all the parishes is Ireland. without tu mu l t or i.e the purpose of petitioning Patliament ; and it t h e y sm ig4 to show that species of moral tact, in three such meet their claim for emancipation would be irre s i st ibl e , and there l;I:i d , e; b e f o und even one of that portion of the Administratioo ye , e te now beadle to he Catholics., that would oppose it ; whether wet dents in the politics of the old or new worlds--or the state .r i be mosey market in England, might not influence the decision, ; ow ieb be e le_aand he looked to the panic on the London Stork b ow, with reference to Catholic emancipation, for he could soggy carotin that the distresses of England were a great con soles to him (Mr. O'Connell); for, in her prosperity, she never &ease rule Ireland with an iron hand, and when strong and tri. b es t s he gave loose to her insolence and Intoler ance , b u t t h e ~ ..'" - bi t io se of York and Lancashire would now have other octopi. • ; 1 7,1 er tbeie time than wining calumnious paragraphs against the rebstie religion. The learned gentleman then adverted to some e age observation s that had lately appeared in the English Leeson elm to which the misfortunes of Ireland and Spain were attributed o ' i,ffueoce of the Catholic religion. In contradiction to that kw rim, , Mr. fre.promsded to show that the present state of Spain .00Crinneed by the onetime', or the Cortes to ingratiate themselves e on the linithah lii-rules and their Press, as also with the French j o kbe,-Sythe overthrow of the Catholic religion In Spain ; ana l , i m the spirit of that purpose, and to insult the Pope, they goat rs Antbaserst!or to his Holiness • degraded Priest, who had b y . ( spelled the Church, anti whose cutiduct would hare re mind the execration of every country in the world there the Otintia . n religion) was established. Thus did the Cones, by their 1, 0 614 to the Cathek religion, in obedience to those who so Wyly think religion inconsistent with liberty, disgust the people g satin, and thereby rendered them not only indifferent, but fa tremble to the invasion of the French. The misfortunes and Ito. e l ation of Ireland, so basely attributed to the Catholic religion, e s s the einiaequenee of a shameless breach of treaties and the F e.existing disposition of England to tyrannize over Ireland ; for whet England was Cathodic, she was equally hostile to the pro etety and tranquillit i v f Ireland. 31r. O'Connell then proceeded p arctic in area to detnonotrate the violation of the treaty of Li merick. and °berried upon the infatuated policy that gives Ire. bed an interest in the embarrassments of England ; suggested the ersatage of sending in the course of next sunnier a missiqn of eeltbrattd Catholic preachers, and also of two or three I:ish agj. tars, in order to inform the English people what really were 1 , tenets of the Catholic religion, and how far it inSuenced the pslit:ral principles of Catholic.. mr. Dowel. O'REILLY approved of the resolution proposed by : bur he could not refrain from expressing his dia. 'methanol. of sir. O'Connell's throwing reflections upon the m ete penis of England. lie (Mr. O'Reilly) could affirm, front is own observation, when in London, during the progress of the tratecipation Bill, and from the opinions of wed-informed F:l%- 1361411. from various parts of England, that the people were nut twain to the emancipation of Ireland, and there could be no ttnwyy..cr confirmation of that opinion, than the failure of Ministers bride to the Catholics, in their endeavours, notwithstanding, all thdr Uterine, to procure the assembling of public meetings, to re:Sion averse the Catholic claims. The imputations of Mr. Innonell were. theretore, indiarseet and impolitic, and being uti. wlded were consequently unjust. Mr. CONWAY conceived that Mr. O'Connell grounded his threes upon what appeared in the newspaper. (" from ha O'Connell); antlosAlr. O'Connell nor any other person did cx men) to say that there were not many liberal-minded men in England (•` Meer, hear I" front Mr. O'Connell.) Mr. Conway reek:tied by secanding the motion, which, on being put from the their, paned unanimously. Tie lion. termvst.LE FRENCH moved, and Mr. CI:11111NC worded a resolution. recommending the postponement of the (urr.aught Provincial Meetihg from the dth to the 10. h January. lie. 1 ). O'REILLY conceived it an unwarrentable Inteneronee nets meeting to propose any change of dune or place for the Lammed meeting, also the day had been appointed by the Con nada ce 'denten. It was also preposterous that the requisition thauld have been signed far this purpose by geittleznen not having a, fore of land io Connaught. T'lie Cif aromas: assured Mr. O'Reilly that he had signed it. Mr. O'REILLY roamed he was mistaken, as he thought it as tower, sir E. Bellew'e family that had signed the requisition. Iles Crttretwo assured Mr. O'Reilly that the Connaught mimeo would be exceedingly glad of the postponement, as they -mein equiloonioodon with Ate lasualag :Sawiety toe sloe means at 'teedemier). The Cbinntinee of the Society, in reply to the ap plication for the rooms, stated that they had refined them to Lady thecany, to he used as a Sunday School. stud therefore they had we to a resolution not to accommodate ally other persons with arta : but the Committee fur preparing the dinner had obtained ofinarin that the soma were occupied every Sunday as a school, Ind therefore they were about making another application to the rornlng Society. and the longer time they had the hence. Tl:e resolutiert was earned unanimously. resolution. rzcontinentling the petition to the King to be pre. Intel as soon as possible, was moved by 31e. J. O'Gorman, and eterand by Ile. O'Connell, who said that the presentation of the pri , lo3 would eff4tl his Majesty an opportunity to express his minter is. in coontradietion of the report so industriously circu ltsel, of his being inimical to his Irish people. lie (Mr. O'Con (ri! con fillent thereto:at was malignant and totally unfounded ; toot the Kiel; would be the most ungrateful of beings if he could forget the desperate fidelity with which his Irish subjects clung to st a period wlien no other portion of the empire regarded be with favour ; and his receytiou in Ireland was the commence. zest of his popularity. The flonouraVe flobrWe French having been called to the chair, el :bulges tetur..ed .0 the Neuter Chairman, the meeting broke up. WINDSOR, FRIDAY, Dsc. 23. The Kin; takes an airToTailyin the Great Park, when tis weather is tine. itsterday tr.oruing the Princess Augusta left Frormore, introit:ll by her lady in waiting, took an airing in her etch and four, and paid a morning visit to the Duchess of Gloucester, at Hagshot Park, where the Royal Visiter aid some time, and partook of a tbjeune, and afterward wanted to },ugn.ore. In the afternoon her Royal Iligh ars, honour..d the Hun. Mrs. Egt r:ou, at Castle Hill, with s Ha Royal Highness tool• an airing this tnornicg in bcr coach aml four, through Windsor, &c. This morning the royal deer was turned out to the left 01 the Manirs, for the days diversion. There was a nu merals &id of sportsmen. the morniec being favuttrAble. We ire sorry to say the Duke of York wee seised on Welpetday to ming with an attack of the lumbago. We a t happy to say his Royal Ilighners was to much better !vst rJav, as to he able to ride out in his chariot. The Duellers or Gtoucester frrivell in town yesterday. %ler bowel in Park-lene,anir at half-past three o'clock in Royal Highness left London as her return to Ilagshot. Th e Earlot Livermool left his house in Whitehall on ll'urelay evening, nor his seat at Coombe Wood, mar 11 h:step, Surrey. The Noble Earl did not return to town Yesterday roarailicAr,:ligUttelkir of the .gueflucr ar rived in t own f rom CTiarttoo, Waist, el r franseetfog l'lshesi at the Treasury during the day, returncil in the h; nIQ: Late:mu Flinn, commander of his Majesty's cutter Ilr.table, attired on Monday, charged with despatches itillnisal to Mr. Secretary Canning, from his Excellency ' Right fl.ni. Sir Charles Stuart, our Ambassador at the ' owl of the Brazils, the purport of which, as we uodrr t" relmeil to the commercial treaty aid' this country. It tisildcl that there despatches contain the Emperor Dori P.,:ta's filmt answer respecting the total abolition of the trade. The Bramble was fifty-four days on her insist., and Lit our &qualm) on that station in perfect OF FoNTIIII.L evening, paper of etryained the following account of the fall of It rn:sre' iteetttralstrueture, !Anthill Abbey :—" The .Ittr frll ..1 three o'clock on Wednesday afternoon, ' the 11811, the whole of the Octagon, and great rt of tL e tiallerhs, North and South, together with the crin:%on r..ese, having quietly descended into the :1":I col rt, leaving the grand entrance standing er " o i n ,fah, q ro , and the statue of the .1 .1. tin of II ckford iu jts niche, as if it retnaineel 1"'"t to the ruins of his son's ambition.—Only a.c . idclit ltas occurred, although the servants were • taking out some of the windows, and had fur ' escaped in time to avoid being buried in the .Ir. Farquhar had taken the precaution to move c.l%t aloe, toytther with Mts. Mortimer and her "I'cli• The luta had been in the daily habit of play dic 1:411, ries. The only surpriae, was on beholding ! d,:t., • % of the fuuudation walls, that it had so long Vi 4 Alic i gideS to which it Las begin exposed:* t:'• C the LAW NOTICES. COURT OF K1N613 RKNCH. CAUSES TO SE TRIED IN LONDON THIS nay, ST SPECIAL J1:111111. Krm.ter • Inses—by order Sally • Brocktbank Eicke • redder ItEMANETS Or TFSTI.RTIVr. !lowa, fledge I Palmer • Kinghan Foot v. Suwon Evans • Tennant IV INTEL zwexcr. COURT OF COANCiitY, FILIDAT, Dcc. 23. CNAWSDAY r. COLLINS AND OTHERS. The Lo•D CiIaucICILLOU said IMP judgment in t h:R case stood for to-day. but as there was other business that would occupy the Court until a late hour, he should come down on Thursday next, and deliver that as well as several others. If the Solieitors for the parties would then attend, he would not require the presence of Connie!. His Lordship, in reterence to a motion made by Mr. cs to a suit in which an abetment of it had taken place, in consequence of the non-attendance of the parties on one side on motion, service having been made by the other, and which was en deavoured to be eapleined by saying the Solititor was out of town, paid, was it to be endured for a moment that such an explanation abould have weight with the Court ? He (the Lord Chancellor) supposed that it would be said hereafter that the delay ofjustlee In this ease also was attributabl e t o t h e L or d Chancellor. His Lord ship held a short conversation with Mr. Hart, on the subject of a letter he had received from a female suitor, a client of that gentle man's. Ilia Lordship said that he must acknowledge the letter was written in a very proper spirit, and he had considered it his duty to write that lady an ainawer on the stibitxt of her application. His Lordship said it was extremely painful for him to be put in personal competition with the suitors He said that be never felt more than when addressed by a person in Court the other day. That person considered his case as one of great harmalii i i. and ex. pressed himself tolerably confident as to the result ; and yet, said his Luralaltip, at that very tittle the minutes of judsistent Were drawls up, and the decision was against his claim. • bOVENT.OARDEN TTIEATRE. CONST V lIARI4IS. 31r. SIIADWFLL. on behalf of Messrs. Kernble, Wine, and Forbes, pr►yed an alteration in the order made by hi. Lordship in this ease, so fat as referred to the payment of ' 6 nightly expenses," and that it should stand instead thereof " the pdynient of rent, t■=es, and annuities due, or becoming due fur, or h respect of the Theatre, or chorged on the Theatre, or in the conduct thereof." r. HART objected that Alla would lead to a re.haring, rather than an Rmeiiihnem of the motion. 31r. HEALD said he appeared for the receiver, and if the rent was not ;.aid the Theatre must be shut tip, and therefore if this was Insisted upon, the proprietors trust look to themselves. The 1.0 tilt CHANCELLOR said that the order clearly pointed to the carrei,t expetises, the current expenses being those incurred front day to day, not goirg hack to old times. Rent became due un a particular day, and therefore. in one sense, that might be said to he a tatty expense. Old debts clearly were not meant to be paid. Mr. HAAT. en the part of Mr. Conn, prayed that the receiver should pay monthly into Court the balance Mtn bands, after de ducting the nightly expense.. Mr. SVODPIS appeared for Mr. Harris, and agreed in the pro posal for the payment of the current expenses, viz. rent, taxes, an. sullies, rates. and nightly expenses. Mr. Su ADWIELL said it would be impossible to pay the rent; it was not demanded day by day, and if the balance wu to be paid in monthly, then at the end of the Stilt the balance would not be suffici.nt for the payment of the rent, and they would distrain. Mr. HEALD easel, this was an application tiyainat the receiver, in order to inflict upon him every imaginable difficulty. It so hap paned that since he had been appointed he had become obnoxious, by centre the proprietors together to pan the accounts. He (Air, Heald) had never known an instance in wh;ch a receiver was embed upon to pass his accounts monthly, nor were there any affidavit. in this iostance to support the application, or show its necessity. The receiver was under a personal bond of ;.11,000/. and two securities of 10,000/. each, which would fully cover any %lance likely to arise. The tact was, that the object of this nuniou was clearly to drive Mr. liottcr win out of his office of receiver. Mr. limn . denied that there was auy thing personal Intended in his appliec inn. The LORD CHANCELLOR said, that there could not be the slightest ground fur sunnusing but that he would order receivers to pass their accounts as often as the nature of their office demands.. In this instance, he would not go the length of Mr. Han's propusi. tinn, nor adopt that of Mr. Heald ; he would steer a middle course between both. Let the receiver file an affiJavit of the amount of the balance in his hands every trio months, and if there should be any ground for applying the money, let him come to the Court. If that were often neeeauary, his Ltmlabip thought it would be at boa prices. ilr. HEALD said, if his Lordship would allow him, he would read the torm of the motion—receiver to notice affidavit of balance in his hands every two month+, with leave for the partici, to apply for such balance to be paid into Court. The LORD Cusxcst.t.oa (to lilt. I.leald)—l think that is a verrAser.ut.orsia. NEtV KANIERtP.TA.C.F. In answer to an applkation n7a7l; to his - I:ordshlp u to one of the provisions of this Act, his Lordship said be should with to have as many cams as possible where the Act created any doubt, or alter difficulty occurred in its application, suggested to him during the heat month, for reasons which it WAS uut necessary for Lim to explain, but which might be imagined. VICE.-CHANCELLOR'S CuL'ltT, f 111 TAT, Dim. 23. BANKRUPT PETITIONS. Ex PARTE WHYTE IN THE MATTER OT Anti,• AA X AA UPT. 31r. If naxu applied on behalf of the petitioner, against whom a cninmisrion of bankrupt was issued en far back as 11102. The bankrupt then happened to have been travelling in France, and the war suddenly breaking out, subsequent to the peace of Amiens. he was detained, be order of the existing government, with many of his countrymen. Under these circumstances it was impossible for the bankrupt to surrender; and as it clearly appeared that he had not left England to evade the commission, Jlr. Home hoped his honnur would have no objection to comply with the prayer of the petition.—Ordered. IN TUE MATTER OT WOOTON AND OTTIEIIS..BAXIIII7PTI. Mr. 31ONTACU appeared on behalf of the petitioner, two per mons named IVooton, who prayed the Court to stay the certificate of Richard Kichards•m, their late partner, who had been included with them in a rommisaion of bankrupt issued some time since. Mr. Itoec opposed the prayer of the petition on the part of Richardson. tie raid that the petitioners had not yet obtained their own certificates, and could not therefore properly coons before the Court in , he character of petitioners. lie hoped the Solicitor would be ordered to pay the costs of a proceeding an improper. The VICE-CIIAXCELLOII ordered the petition to be dismissed, and the coos to be paid by the petitioners. E?:-TAITE SMITH, A SOCICITOII. Mr. HART begged to call his Honour's attention to the cue of a peron named Smith, ■ Solicitor of the Court, whom name had been struck cif the list of Solicitors by his Honou►'s order. The petitioner hating learned that his Honour. doubting the jurisdiction of the Court to strike oil's Solt:itor, had conferred with the Lord Chancellor on the subject, who concivred atilt his Honour that the Vice-Chancellor had not power to order the name of an Attorney to be struck from al' the rolls. Under there circumstances, the peti tioner prayed the Court to order his name to be restored to the list of Solicitors. . _ Thevacs-Cuaxgitxxon expressed his satisfaction at having an opportunity ifffieded him, by the present application, to mention the circumstances of the petitioner's case, who appears, from a roe. respondence between him and the Secretary, to he a eery obeinste men. The petitioner was struck off the cults of the Courts of law, and when a Solicitor is struck of the rolls of the law Courts, it fol lows as annatter of course that Isis name should be struck frosts off the rolls of the Chancellor's anti Vice-Chancellor's Court. He (t heV ice-Chan cellor) therefore granted the order asof course, without bestowing the slightest attention on the circumstances of the ease, Some time alter the petitioner's name had been struck off applies tinn was made m hare another attorney's name struck MK, and he 4tisakilee-Chanoeilot ) then began to doubt the authority Odle Court to strike .Ran attortnerrheme. Upon mentioning his uncertainty on this print to the toed l'hhineelloe, his Lordship confirmed his (the View-Chancellor's) doubt, and decided that he had not power to orders solicitor to be struck off the roll. If the party at whose instanre the petitioner was Amick off the roll had notice of the ap plication to ins tore him. he (the Vile-Cliancellor) would have no ob.:mien to desire the former order to be rescinded. 3I r. If said he could Stale, on the petitioner's authority, that notice had been given. The Vice-Cu AW C c hop—Let the petitioner make an affidavit of that fest. and I will direct the order for striking his name to be rescinded, and 111.6 name to be restored to the rolls. COURT OF JUNO'S BENCH. OviumALL, FaIDAV, Dv:. 23. YANNIFORD V. MINN. This was en action for false imprisonment. The declaration alleged that at the time of this false imprisonment the plaintiff was the master of his Majesty's frigate the 'l'weell : and that the defendant, being the Captain, wilfully and unlawfully csured the plaintillio be imprisoned on board this vesael fur two several periods of three and eight weeks. In the first place. the defend ant pleaded not guilty; secondly, he pleaded. in just/fie-riot, first, that the plaintiff had been disobedient to his superior officer, and that he had been only imprisoned till he could be brought to trial by a Court-Martial; second, that he had. contrary to orders, altered the log-bank ; and third. that he had been guilty of false. hood and prevarication. The plaintiff. io his replication, denied these pleas: anon which issue was joined. The plaintifFs cue was conduced by Mr. Bnononast anti Mr. PATTI/0 the detautiatit's by the ATTORWEY-61:KIRAL atid Mr. SCAR LETT. Mir BROVOIIAM stated the plainttfra ruse to the Jury. The plaintiff, he said. came before the Jury to complain of one of the moat gross and flagrant injuries which a man can sustain. He was and had been for many years a Muter in the Royal Nary, and there was not in his Majesty's service a man of a more blameless character. The defendant was Captain of the Tweed, of which the plaictiff was Master. In eh,: summer of hilt the Tweed was off THE BRITISH PRESS. Bahia, in the Brazils. The vessel was engaged in carrying specie. The defendant not satisfied with the powers and protection thrown around him by the Mutiny Age, the Articles of War, and the Navy R_gulations, thought fit se issue a new code of instructions and regulations for the especial regulation of his own ship. About the 11th of August in the law year these orders were drawn up and handed about to the different officer, of the Tweed for their signature. These regulation,. were rot only new in the navy, but many of them were directly in the teeth of many of its meat l o t. portant regtilatuns. The first of these regulations was that the Master and Lieutenants should pay the greatest attention to the stowage of the treasures of the ship, and %Olen any gull avrd silver was brouebt on board. the Master was to attend in the Master's cabin. sod there mark and count every bag, and report the same to the officer of the watch. This was no part tit the duty of the Master. The earl Ong of gold and silver was a privilege granted expressly to the Master, he alone derived the remuneration, and his shine was the duty of looking after it. By the Navy Regulations, if o niers were issued which en officer thought ought not to be obey ed, he was to represent his olij•ctions to the officer issuing them, an d if he persisted in enforcing obedience it was the duty of the infetior officer to cbey till he could communicate with the commanding officer on the station. When the defendant issued his new orders, they were presented first to the plaintiff'. asMaster, fur his s;gnature ; he acting upon that spirit of passive and unlimited obedience which is enthrced in the navy, signed the 01.4k15, but at the sante time felt it to be his duty to protest egainst them. He applied to the Captain, in a letter couched in the most respectful tone and lan_ Ncage, protesting ageinst these orders. What did the Captain eo ? t'lly, he says, that no representation shall be made to the Ad. mhal which did not pass through his hands, in order that lie may ju'ge whether it be done in a tit and koper nnuale.r. By the 15:h article of war, p. 9, " If an officer" Elm, the course pointed out is tlearly_ settled ;it leaves no alternative. Sot only i s it t h e r i g ht of an officer to make such representations, but it is his duty. He is called on to represent whatever he felt to he inconsistent with his duty. It is not, "he may," but "he shall." The order is impe rative. if Mr. Hannafurd, after havin received these orders, and understanding them to be illegal, ha complied with them. he would have been guilty of a breach of list / duty. Having read these instgictione, and remembering his orders, he pursued the course which was hit only justifiabies but impriatise—he made the repre , teen ation to iliti gamin. .„I will read the representdien which he suede; and you shall judge whether it niineelieret ful or not : ' His Mitjetsty s ship Tweed, Bahia. August 14, i flit U. Zit. A.M. fens-1n compliance with your directions through the senior Lieutenant. desiring toe to peruse the 30th article of your ordeta is sued yesterday 1 nines respectfully beg to inform you that I have complied with that order, and I find, upon stricr perusal of it. you refer me to the general printed naval instructions ; and having so done— I find in them nothing to warrant my signing the articles Nos. 11, 21, and 30, contained In your orders. And in co-robmation of my statement, I beg leave to refer you to the articles, Nos. 7, 9, and IS, of section Ist, chap. lit, of general printed naval in structions. I am, Sir, your most obedient bumble scrawl. ' To Captain Ilunn. G. lIANNAFON.I) Mayer. The words are as respectful as could possibly have ben devised. It is dated the 14th of August, the day after lie had received the new orders. I need make no comments upon this; the I ineusge, the tune is most resp ectful. He does not stigmatise the ord. Ts as unlawful; he merely says that the instructions he has emitted do nut warrant them. Not only indeed did they nut warrant him in sikming, but they commanded him not to sign thee., cadets. The letter is sent on the 14th, and on the following day, M . 11. beMg called upon deck, there was assembled the ship's tie . The guard was called out—the merino's were mustered—and in their presence, and alto that of two geutlemen of gnat respectability, who were passengers. Captain llutin held /he letter which I have now read in his band, and in a manner which I shall not describe, hut which will be described to you by witnesses whom I shall call. He asked Mr. Hannaford if this w so not his letter? Ile acknows ledged the letter, and was then ordered into the custody of the ser geant. The letter was then read aloud. The Articles of War were read—the Captain, every time the words mutiny, mutinous con duct," &e. occurred, laying a tremendous emphasis on them. After this scene, which occupied some time, that took place of which his client more particularly complained ; this was in itself the severest puniebnient--the assembling of every person on deck, the reading of the Articles of War, the reading his letters, the holding bins up to contempt—this surely was punishment with a vengeance—it was worse, it was degradation. What nght had Captain !loon to in flict any punishment? No more right than I have, or any man in this Court. By the 41st snide," a Captain shall not it - filet any punishment." He is on no account, except on the officers here specified, to inflict any puoithructit. Ile may outspend ; but not a particle of _punishment can lie inflict. After this humiliating scene, Mr. Hannaford was outlined in his cubit', a email room about six at seven feet square, the greater part of which was filled up by his bed and luggage. Ile was almost bent double in It, tor its height is only about four reet—so dark, that at mid day it was necessary to have a candle, being lighted only through is small aperture, six inches in height, which, in consequence of the rolling of the ship, it was necessary to keep constantly closed to keep out the water, and in a climate where the therm 1111 l eter ranged between 70 and Ilf; degrees. It was, indeed, the cabin in which he, as one of the officers, would have slept, but then they are only there during the night. The officers do not live in the cabin. The gun-room is the parlour in which they pass. their time. After three dope tiondoseasostree was ssilewassi t anamas u:... *gee' le was acknowledged by this act that there had been no ground of offence. By releasing him and allowing him to resume his duties, the Captain at once acknowledged that he had no pretext for the imprisonment, of the illegality of which no malt could doubt Mr a moment. During the period of a fortnight the plaintiff con tinued to discharge his duties as he had done before. At the end of this time Captain Bunn, on looking at the logbook, found Mat it differed trout the log-board. The log-book is a transcript of the log-board, which is a record of whatever occurs during the watch at the moment, and is afterwards copi:tl into the log-book, and signed by the Lieutenant of the watch. The Learned Counsel referred to the pa ge s 176, 193, of the Navy Regulations, from both which, he said, it was perfectly clear that any alteration might be made to the Ing.hook before the Lieutenant that: have signed his name, provided they are made with the sanction of the Lieutenant hint. *elf. The articles( at the beginning of the pages 139. 194, clearly imply, that if there is anything omitted in the log-board, it may be supplied in the log-book. If this was not die case, there would be no necessity at all for the log-board, fur what would he the use of re-copying that which admitted of no alteration t Then it hap pened that the Lieutenant of the watch stated that the entry had nut been perfectly made in the log-boanl. Mr. Hannaford asked tele thee it was right, and the Lieutenant said, add so and so, and die. tared to hint the correction. Now this was stated at the time by Lieutenant Hargood to Captain Iltinn. Mr. Hannaford waist in this matter as much tinder his command as either were to the Cap tain. The entry at first was—" Lieutenant Hargood was placed under arrest at large." As altered it was —" Lieutenant Hargood was placed in arrest at large, and given in charge to the M cater, by order of Captain Bunn." Caataiii Hann having asked Alt. Han naford whether he had made ,he las-scion is the 10,,-atiok, he an swered that he listi not, forgetungw add that the alteration had been made- by the orders and from the dictation of Lieutenant Har good. Upon this Captain Ilium charges( him with p ication and falsehood, although he had previously satisfied himself - that the alteration in the entry had been made by Lieutenant liar good. The Captain then repeated exec.ly she same scene 144 had been already described. The Crew were ordered en deck, the guards put undo/ arms, the marines m u stered, the two passengers brought up, the orders, the articles of war, the letter of Air. Ilanniford. again read, the Captain at every clause pointing at him With the most contemptuous; and sneering attitudes. He then, addressing himself to all who Were around ' him, risked aloud, " Did any one of you ever hear that I gave orders that the Master might make any alterations in the log book ?" A gentLman immediately stepped forward. and said, he had heard such orders given by the Captain. The scene was concluded by committing Mr. Hannafard to close confinement in his cabin, which continued for two end forty days. Two sea men had been summarily proceeded against. The time chosen for bringing them out for punishment was at the close of this scene—one of then had been sentenced to receive forty Wises for using a most abominable expression ; the other also had been - sentenced to receive a number of lashes. T he punishment of the fernier was entirely remitted, and the Captain, addressing himself to the other, said. "I cannot punish you, my matt (pointing to 31r. Hannaford); you have heard tisoianigres sit War read to him ; they apply to you, but I stoillacoresesmence aa that pain fah example mitigate yuur punishment to all siatet." The Capt. li Cain then turning to Alr. annaforth said, "I Aire you to be labouring under mental derangement, and I aniline you to your cabin in order to take care of you." So that at the very'titue be was pretending to think that Ali. ilarinaford was deranged, and that consequently he was incapable of committing any offence, he not only pllnished him, but he made his punishment an extenu ation for the offence of others. At the toy moment he pro. nounced him to be in a condition which rendered him morally in capable of crime, he makes his painful example a cause for ex culpating the conduct of where. Tien, because, lie was in that state, because he was mentally deranged, because he was put into custody for that very reason, then, the the first time, the Cantata' takes the opportunity oh' requesting him to eina his orders, and sum moned hint on deck : he again protested against them, and was then again sent down. During the find ten days he was brought out daily on the lower deck. Ilaving already become, through the treatment of the Captain, a bye-word tinning the sailors, he felt reluctant to come on deck ; but lie was not allowed to remain be low, and was told if he did not come up he would be compelled by the master at arms. The surgeon, apprehending that Ale. Hannaford's health would be seriously lojuresi by this close con finement in such a place, represented to the Captain the very da itterims consequences which might ensue. The Captain said be had been disobedient to his orders. You may make what re presentation you please; but I shall not listen to it. The surgeon continuing to make his representations to the Captain, Mr. Han- Word was at first allowed to have a small walk on the lower gun deck every day for an hour and a-half daily, which, on strong complaints, was afterwards extended to three hours. The ship ar rived at Rio Janeiro on the 2tl day of October. Air. II 'moaned endeavoured, through the Captain, to transmit a letter to the Admiral. This, however• he could not succeed in, although he, in the course of a few days, contrived to send one by o the r morns. Upon the receipt of it, the Admiral immediately sent two Captains to inquire into the affair; the result was, that a request, equiva lent to a command, was sent by the Admiral to Captain Ilutin, to release Mr. Ilannatissl. A Court Alnetial afterwards sat on Mr. Hannaford, and on the evidence of Captain Hum alone he was very slightly reprimanded. Ile then made complaints of the treatment he had received from Captain Ilunn, and Wan told he must resort to a court of law for his remedy. In compliance witli this direction he now came before a Jury, to seek compensation for the injuries lie had sustained by the treatment of the plaintiff. The Learned Counsel hoped that the Jury would, by their da mages this day, convince the defendant that man, however exalted his station, could nut play the tyrant, and that by entering the naval service a man did not thereby forfeit the rights of a citizen. The case was one of great and flagrant iniuty and oppres sion, and he hoped that the plaintiff would obtain at their hands those ample damages to which he was entitled, hut which, however large, could not compensate him for the wrongs he hail endured. Lieutenant ‘Vni. Ilargnoct, examined by 51r. PARKE..-11 was on board the Tweed in the month of August in the last year. I was Second Jamie' ant. The plaintiff was Lieutenant and also Master. The ship railed from Rio Janeiro on the 11th of August. I recollect orders having been given by Captain Hutto. These are the same orders. They were issued on the 13th of August at Bahia. The officers, were required to sign them—all the officers. On the 14th of August Mr. flannaford was placed under arrest on the quarter deck. The ship's company were turned up, and the marines were under arms by the Captain's orders. Captain liunn and Mr. Hannaford were on the quarter deck. Captain Hunts produced a letter, and asked Lieutenant H. if that wan his writing ; he said it was. Captain llunn then gave him in charge of a ser geant of marines. Captain Hunt) read the letter us the ship's company, and then read the Naval Articles of War. Mr. Hanna ford being present when he came to different articles touching dia. respect, he turned [olllltl and looked at the plaintiff: Before this was done Mr. liannaford attempted to speak. but defendant • Silence, no cabal." Plaintiff watetaken to his cabin. and confined there till the 17th ; the cabin is on the lower deck, and is from six to seven feet square. and four feet five inches under the beau. ; there was a small scourer for light of oblong shape, nine inches by five; there was no tel. er means of ventilation. The crew sleep on the same deck, from 130 to 150 men ; the thermometer was at 00 to 86 degrees ; the gut..roem was on the same deck. The cabin it warmer. He performed Lis duty as Master after he VILA released, and continued so to do in ill the 31st of August. On the 31st he was again placed under attest; the crew were turned out, and the marines, under Captain Fibrin and the plaintiff, were on the quar terdeck. The plaintifidessired deponent to go down instantly and sign the book ; he wiped the order. Capt. Hums prisenttal a let. ter. Mr. H. said he was bound it obey there orders, but he Ise,. ged leave to dissent until the opinion of the Commander-in-Me could be known. Sir George Eyre was the Commander.in.rhier on the station. Nl'hile the plaintiff was signing the nether below, the defendant addressed himself to me. and said that the Master had inserted an alteration in the log book, that took place during my watch, and by way of prevarication had raid that he had done to at my request. I said I bad desired hies so to do ; it was the fact. He then asked him if any one heard him tell the plaintiff that M Tritest make any alteration he thought proper. One of the Ml'shipmen answered, ",I hare." That was Mr. La Ilardie. The defendant pointed not particular articles that he thought the plain. tiff came tinder. When the plaintiff returned the book, the de fendant said he considered the plaintiff' laboured under mental de. rangement, and that he w..tild confine him to his cabin to take care of him. There were two seamen brought forward for punishment ; one was for making use of an infamous expression to the boatswain the other for drunkenness. The Captain said to the first he would not punish him while there was such a baneful object before him (looking at plaintiff).. lie made use of similar language with re_ spect to the second man. The first wan punished with only six laahes• and was given to undetstand that he would have received more if it was not for the exam, le before him. Time plaintiff was taken down told, cabin, and was confined there until his arrival at Rio Janeiro, on the 2d of October, where he was released by an order from the Commander-in-Chief on the 11th of October. Ile was confined to his cabin the whole time, and the heat was about the same. The ship was at anchor off Pernambuco on the 31st of August ; she sailed fur Rio on the 22d of September : while she was at sea the scupper in the cabin could not be opened. Plaintiff was permitted to walk under n guard, for one hour in a day, on the main deck. The day the order from the Admiral came !am not punitive about. He was placed under a sentinel fora few days afterwards. Two Captains of other King's ships came on board on the MTh. I told the Captain that the alteration in the log was made by my order. I also continunicated the same to him in writing on the Ist of September. The ship left Rio on the 12th ; the plaintiff had a sentinel picall user him for a few days after. The orders were then put in and all read. The following refer particularly to the plaintiff : ORDER X I V.—l t having frequently occurred that serious and unfortunate disputes have arisen between the ships who have em barked specie, and the shippers thereof, in consequence of not adopting a cautious and efficient mode, in so doing it is my diem ;ion that the Master attend and pay most particular attention to this branch of his duty, anti whenever arty treasure be brought on board, that he, with the officer of the watch, attend in my fore cabin, and there count out every hex, or beg, dollar, and coin, so received, which he shall describe by number, mark, and contents, in logbook, signed by the officer of the watch and, having so counted and unpacked the same. he is to pay particular attention to it. 'towage, in such place as shall be pointed nut by the Continent]. ing Officer, and not leave the place until safely and securely lodged, which is- in to report to me, if on board, or the First Lieutenant, in my absence. ON DE R XX I.—Whenever any Officer may be desirous of mak log any official communication with the Commander-in•thief, or other public department. it shall be done by letter to me, that I ,pusy forwa4ws withb9lti the itaals. as I alma judge lit fo r Alas ORDER XXlX.—Whenever any Officer Is desirous of my sign. ing any paper, or of getting any I may have, he is to bring it to me, at any time most convenient to himself, and not send by my steward, or other person mutt inconvenience has been experienced by this latter nuide. 31EMOUANDUst.—The continued disobedient and disrespectful insubordination, of conduct of Mr. llantlford, the Master, render ing it necessary that he should be seam put to his cabin in time arrest, to prevent continued exposure of an example an baneful to the ship's company. it is my direztion that there beats little comma nication as possible between him and the better.dispo►cd pato( the officers. Lieutenants Make and liargood in partialsr are not, on any account, to have airy intercourse with him ; and as bis conduct, for the last five or six weeks, first towards the nest Lieutenant during my absence from the ship, as set forth in that officer's let ter ; secondly, h s extraordinary hysteric conduct to me, requesting to be put in close arrest, on the quarter-deck, on the evening of the 12th August, whilst I was admonishing him to a more respectful and o!sedient conduct towards the First Lieutenant, with his subse quent persev ring disrespect and disobedience to my written orders, which heap n this day presumed to dissent from, as he tams it, referring me to the naval instructions. tfec., warrant the fear that be may be suffering under mental delusion. And being therefore desirous that every precaution for his perso nal safety should be taken, it is my direction, whenever it may be n ',emery (which the surgeon will decide) that he should have sir or Itierin on the gumderk, that a niacin• sentinel attend him, and that whenever divine service he performed, or punishment inflicted, unless the surgeon should be of opinion that witnessing such scenes should be prejudicial to his composure, that he be brought to the (muter-deck, where the sentinel will leave hint until either he performed, when he will return him in steely to his cabin. This memorandum to be read by all the Officers, and copied into the order books of the Lieutenants, and then returned to me, signed by thtni. (liven metier my hand, on board his Majesty's ship Tweed, off Pernambuco, this 41st day of August, 1824. (Signed) FRLDERICK HL' N, Captain. Wm. Kelly, Ist Lieutenant. Wm. Ilargond, 2d ditto. Kath. Jno, Blake, 3d ditto. 8. B. Ellis, Officer of Marines. J. Sad, Surgeon. Thus. Cox, Punter. John Rouse, from the Admiralty, produced the fetter of the 14th of August from the plaintiff, addressed to Captain Ilunn, which was read : (A letter of Lieutenant Ilargand, explaining his reasons for ordering the alteration iu the IhgAtok, was thea put in and read.) The ship's leg-book was now put in, and the entry of the 2lfth of August referred to. . . . Lietit. Hangnail re-examined—The loipboard is kept in chalk, awl afterwards entered in the log-book. . _ _ The entry of the plaintiff Ci;ing placed in the custody of the Wooer at Arms was then read. The whom* proceeded to read from the log-book an entry nude of the plaindffinting given in charge of the blaster at Arms by the defendant. rellettnof 8k fleorge Ayre's order for plaintiff's release, con. twined bli a letter, stating that In his, Sir George's opinion, the restrains under which plaintiff was placed was nut necessary, and directing the defendant forthwith to prefer his charges in a specific letter, and the evidence he intended to produce in aupport. The articles in the natal regulations respecting the conduct of officers, and others referred to in the opening speech of the Learned Counsel, was then read as follows :- 7th Article, Section 1, Chap. I.—lf an officer shall observe any misconduct in hts superior. or shall suffer any personal oppression, injustice, or other 111. treatment, he is not on that account to fad in any degree in the respect due to such superior officer, but he is to represent such misconduct or ill-treatment to the Captain of the ship to which he belongs, or to the flag officer commanding the squadron in which he serves, ur to the Commander-in-Chief, as cif cumatances may require. If. If an officer or other person shall have occasion to represent the misconduct of any officer, or shall have cause of complaint, he is to reorient it to the Captain of the ship to which he belongs, but if the Captain shall not attend to his representation, or if the Captain be the officer whose misconduct he shall think it necessary to represent, or of whose ill treatment he shall have cause to core. plain, lie is to make his representation to the Commander-in-Chief, to the senior officer present, or to the Secretary of the Admiralty, es circumstances may require. If en officer shall, at any time, receive from his superior an order which may be contrary, in any respect. to any article in these instructions, or to any particular order he may have received from the horde Commissioners of the Admiralty, sir from any superior officer, he is to represent in settling such contrariety to the plierr from whom he shall have received the order; but if, after such re. presentation, that officer shall direct him to obey the order tic has given him, he is to obey it, and report the circumstances to the Commander-in-Chief, or to the Secretary of the Admiralty, as .nay be necessary. 32t1 Article, Master's Instroetions.—The bfaater is to have charge of the ship's log 7 book, which is to be written by the blas ter's Slates, under his immediate inspection; lie is every day at noun to compare it with the logsboard, to se* that every ciret,fie. stance which has occurred is properly entered in it, and ba is to seed it immediately to die Lituteitaute to hart. their itatials at the cm! of their respecti►e watches, while that witch happened is vht in their memories. Lieut. Ilargood nook-examined by the A Troitnxi-Orwraar... —We sailed from England in February or March. The plaintiff joined the chip in March, and we sailed. I believe. the day after. hada difference with the plaintiff on the quarter-deck in the month of May, bitt not hi the gun-room. A complaint was made to th° Captain by Mr. Hannaford; the ('amain was displeaxed *bout a ' quarrel taking place on the quarter-deck betwt en a Lieutenant and the master, hut he saki that the plaintiff was correct. ft was not a quarrel, there was no anger, no threatening, on nir oath. I never threatened him with personal violence ; it wax a difference as to a point of service. I never heard that Mr. Hannaftml bud represented to the Certain that I had threatened him with personal iio lence: Mr. Hannaford and myself Jul not speak together for about a month or six w,:eks. NVe Were in the same mess. Mr. Kelly waa First Licit:mint. I believe he made some complaint of the con duct of• the plaintiff to the Captain. I did not hear what took plane between Mr. Kelly and the plaintiff, nor any part of it. heard there were two complaints made against Mr. Hannaford. do lien recollect that I have heard from Mr. Hannaford that there were two charge@ made against him. limy have heard it generally ; there were not perpetual bickerings and quarrels in the gunroom. There were not repeated quarrels there. I cannot immediately charge my memory with any. Ido not recollect that the can plaints made by Mr. Kelly were the subject of a forme] charge. It Is usual for officers to sign regulations for their conduct on hissed a ship, if they are not contrary to the printed instructions. I have heard instances of persons refusing to sign orders on board a ship, on the ground of their being contrary in the Printed instructions. All the officers signed the orders except Mr. Hannaford, hut some of then) remonstrated nu ait.et them. The ground of rennonstrance *as on more titan one of the unit ler. One of the articles that alluded to the ' quarrels was withdrawn. I believe at the desire of some of the °Ri cers. I have heard that one of the quarrels was retiree.** the stowage of the specie. Kelly's complaint was made before the time that Captain Hurn framed the ordem, and berm.: I had heard of the quarrels in the ship. Ido not recollect being present when there was a quarrel between Mr. Kelly and Mr. Hannafned titter the orders. I beliege I was present once, but I do not ihink heard what passed. The cabin in which he wax confined eras ttie ordinary cabin of the meter in that ship. I myself was nader arrest on the 23th of August. I was on the Court-mama held en MN Hannaford at Ni,. rte Janeiro. A footsie and live °Mara are necessary le loran a Couri. lie was puf out of confinement on the 11th. Re-examined—The arrest of Mr. Hannaford was an &trot at large. The orders r.-mnnotrated against were the 13th and IVY. objected to them, other of seen objected to the 21st. I signed du" orders, and remonstrated sr the same time. Re-examined by Mr. PA X Es—Waa under arrest, but woo got tried, as Captain Mann withdrew the char, ta. Mr. H annealed staii not perruiPed to walk out of his cabin into the room into which it opened. The orders remonstrated against were the 13th and 103. Witness objected, as well as the oth e r Officers. to t h e 21st. tam Hann did not withdraw the charge against himself at his own request.—[A letter was here produced.l Witness signed this lat ter. The statement therein contained is correct. The witness hero entered into a long explanation of this letter, but it was not ma. to tal. _ _ _ _ By Mr. Bnotionast—Captain Bunn accused witness of telling a falsehood respecting an vary which had been made in the lug book, but that gentleman afterwards explained. Joseph Serle was surgeon of the ship. Remember', dist on the 11th of August kl r. H a rm a r n id w a s b rou gh t upon the deck. Capt. Dunn was there, and the plaintiff was then put under arrest. Mr. Hannatord was put upon the sick list on the 24th August, and on the 30th he discharged his duty. Was prese n t on the 29th August. in the gun-room, when Mr. Hannaford was writing in the lw book. Liiutenant Hargot d was there, and the entry was made from the log hoard. The plaintiff's behaviour was very rearmed to Captain Hunn. During the first part of the nlaintiff's colt. finement, he walked upon the main deck by order of bri, tail, Hann. Witness heard the ord e r given. The Captain sent for him, aid told him he was to walk on seven . bells for one hour and a half. Does not know whether the plaintiff refused to walk upon the main deck or not. The period for the plaintiff to walk ass afterwards extended to •three hours. He complained of 1 , 1101 an order. and said it was unpleasant. ne people gaged at him. Witness told Capt. Hutin of these complaints. and said if Mr. Hannaforl did not think proper to hold up his head, he would send down the Muter at.arms, who would compel him. Witness had informed (:aptain Dunn that the gun-room was exceedingly rinse and heir, and pro. posed that a screen cabin should be erected fnr Mr. Hannaford s which would be more airy. Captain ROHR replied, that Mr. flannaftwil must pay for his folly or madness, cannot any gaudy which, and that he did not think the plaintiff was altogether of pane mind, but did not consult witness as to whether such was the Use or not. Nothing was then said about his being released bot subsequently Captain H. said once or twice that lie would net act the plaintiff at liberty . without the order of the Commandet-ins Chief. After they arrived at Rio, witness suggested the propriety of releasing the plaintiff, saving, that gentleman might become il), and if sorb was the case, it might not hero well. The Captain said he would only do so by order of the Commander-in-Chief; but when there was a survey held, if the medical gentlemen should think it requisite. he would then release him. The thrrinometer was foam 81 to 84 in the day, and at night 80. Iritness has often been compelled to get out of bed, and go into the con-room toe air. Remembers sonic bedding being sent down below wet: but did not ix. . 4Jullaohcß the apse, altspirintif maw • permitted to walk war more circumscribed. it being not num.:: than three or four yards. Ile complained of this, and asked witness to mention it to Captain Ilunn, and also to state that the slit-makers were at work three. Captain H. told witness that the plaintiff ought to order them away. An officer when under arrest cannot give orders. About the time the plaiutiff was released from close arrest, he was ill with the bowel complaint ; such complaints are common in warm climates; cannot therefore say it was btought on by the ronlinemet2t. _ - Cross-examined by Mr. SCAR LETT—Most pr3bably mentioned to Captain Hunn that exercise was actually necessary for the nlaintiff. Remembers the plaintiff' refusing to take orders from Mr. Kelly in the gunroom. Thinks it was about some stores. This was before either of the arrests. Remembers one of the midshipmen coming into thr gun.reom and delivering a message respecting some money to the plaintiff' ;inch was to be stowed, away, and that the plaintiff was o tell the mare of the lower desk. This mate waamsie of the master‘ mates. Rather thinks there wee on a n oomsge In consequence of this, desiring the pl a intiff' s atten dance deck. Re.examtned by Mr. BlllAttortAm—Fle did not see him exer. cite on deck. When the Captain spoke to him about the lofts 3lr. llannaford did not appear to understand him. The ship was a ^_B-gun frigate. The plaintiff's cabin was the best in the ship. (This srimess here. addressing the Court, said he had been superseded in two ships in consequence of his attendance here, and had lost LW. The Lunn Clem' JerstrcE expressed his regret, but added, that nothing beyond paying his expenses could be done for him. Lieut. Ellis was present when the two men were brought o•t deck for puttialart•nt. The Cap:trin Raid he could not punish the sec And, in consequence of what Rannaterd had done. tame hint walk on deck by the side of •a eentinel. Hia clothes were Inouet on d ec k to b e ori e d and v ere. 'hen rant earn -gain. When the ship was on th.t oin of railing from Bahia to Pernambuco the plaintiff was rel. toed from arrest, and ordered to do his duty. Mr. Arden, examined—Remembers, previous to the ship's a-. trivet at Bahia. that the Captain asked who had altered the log. lit consequence of which the plain:al we :t aft, and was put LIZILP r 11111. st. The A TTORWET-GENTRAL now addressed the Jury] for the de: fendant at great length. lie adverted to the gre a r,sphnsiblity captains in the royal easy, ate yetessity tu widen they were placed of eappressing in its bud every disturbance. He eharacterisrd the plaintiff as a r •en of a otiarrel.nme dispositien, and cheered into the most elaborate details of .11e little cncininters which had nceurrel between him and Mr. Kelly the tint liimenant, which he de scribed at last as becoming so frequent and injurious, that it be came incumbent on the defendant to arrest him. fie adverted the orders of the defendant, which related to the mode of takiaic care of and siewirg the specie which was put or, botad.__m the et . fraerortnota and obstinacy which the plaintiff had manifested in conforming to the Instructions of the defendant. lie contended that Captain Horn bad it right to issue such i-eirretions, and that it was the ?lute of the defendant ro have signed them. He alleged that tho defendant had over and over again refused to sign theta, and that at length, in consequence of these repotted an 4 acesuoirlodrigateta of wilfulness and disobedience, he had At Ifteg , fr put him under duo arrest, for the purpose of instituting proceed ings before a court-mamal. This was not done tor his disrespect. fill conduct, hut his repented disobedience et orders 'I he lase pee Captain Hunn power to arrest for any matter he should thigk proper, and there is no tribunal but a rourt.mart lid will i e t ( rp o ,,,,, to inquire into his conduct. In doing that he fulfilled his duty as father of the ship. lie did his duty, and was answeiable to an man. %Vas he to be answerable for the climate? if he thought it necessary to put a man nod,' doss arrest. nobody could tlntt Fault with hint for that. In three days after, as thee, vets. no chip near, vs they were on a distant voyage. anti a consi. derable time must elapse before be could find a Puffitient rum_ bet of officer to constitute a court-martial, he rekeetil the. plaintiff: Rather than confine him for sozh a length of time the defendant thought he would -give him a chance. lie was liberated, on a supposition that he would return to a sense of his duty not bee , use there were no grounds of charge eigainst him_ The beamed Counsel waif i e felt very little imsteiy about the re. suit of' this mute, but he was moat :11)X ithlS to exonerate hie client from every imputation. After this took place he was again re quested to sign the order. but still 'rinsed. 'fhr Learned Conrad then adverted to the charge 4gvinst the of having altered the log-book, and concluded thii. part of his speech by tellirg Jury that it was sufficient to .ay diet it was one of the &atm be fore the court- nutrtial. After s'l, on the 81st August the defend ant again issued an order to arrest the plaintiff, and he was kept uncitn chess arrest in the manner which had been described. Tito plaintiff had instituted charges against the defendant. Capt. Hunt-, on the polo's to which he (lie Attorney.rienereti had referred. Thow chefs',s he after* trds abandoned. Not a step had lie ever , Aken is Ifte-eenting Them, and these charges were contained in letter dated thr •29111 Noreother, addressed to :he Commar.der.t. , - Chief. The first charged riptide nun, with nnving treated his, (Mr. Item:afoot) in an unofficer-like manner. The second charged him with having appropriated his Mhjesfy's stores to his own pri.. vote purposes. yet never till the present moment had Mr. Hanna.. ford taken a single step in maintaining It.rn. lf . crwards wrote to the Admiral in withdraw thorn. but Captain Henn refusing to consent to 'hie. Mr. Hannalord wrote home in consequence, and' then it was that they were wi i , His Learned Friend (Mr Brougham) had talked a good deal- about the charges on which., Umnidord way WWI y , it be bad never told the Jury