The Sun. — London, England, 1813-08-20 00:00:00

PALCUITA, 'JAN. gs; 18.13. SUPREME COURT OF JUDICATURE. .BROTITN. V. 'MIMI/Y. This was an action to recover damages for a tresnass, assault, and false imprisonment : the damages were laid at 5000 rupees. The case, as contained in the evidence for the proseoution, was as follows ;--The plaintiff, Mr. .Brodie, was Chief OiHcer of the ship Wood bridge ; on her outward voyage from London to Bengal, site left England on the -4th of June last, and 'arrived in the river, on the 16th of December. The defendant was the commander. On the 10th . of August, 1812, while the ship' was between the Cape of Good (lope and the 'Mauritius, it short time fifter dinner, Mr. Brodie, the plain tiff, addressed Captain Twcedy, " Now that the lady pas'sen ' ger has retired, I ;mist request, that when you have any thing scant at your ta hie, you Will inform me of it in a proper manner, and not when I ask you for rice say, laying down your spoon, Let every one have their share.'" Captain Tweedy denied having used theie words, and refeired to all the petz,ons present whether ally one heard these expressions : they all replied in the negative ; on which Captain Tweedy ad dressed Mr. Brodie, ," Now, Sir, what do you think of yourself ?". Mr. Brodie replied, it %vas no consequence to whither other people heard it or not ; lie was confident that he heard it.--... Some conversation here ensued, which terminated iu Capt. rreedy's saying to the plaintiff, "I have hestr.l yonr . eharacter in hogland, Sir, to be that of ad---dscnundreh." then 'added, " tl—n you Sir;" on which Mr..l3rOdie retorted in the4ame terms, and Lunch scurrilous language passed. It appeared, how ever, quite clear, that the.opprobrious terms were first Owl by Captain Tweedy. After this ,abuse britt continued seine time, Liptain Tweedy seized a quart decanter" of port wine, and threw it with considerable force at the plaintiff; it struck him below the left shoulder, broke, and fell on the table. Mr. Brodie said; ‘,` Very good . ,'Sir ; very goon, Sir, " and shook his head. Shortly after Allis affray, the boatswin came in, and reported, that the fore-top-toast stay was gone ; the plain tiff then asked tile do Lfdant it he should giYtO his duty or to his cabin. The deleudant replied, " Although you are a scoundrel,- you shall do your duty," To this Mr. Brodie said, '" I Will du my &ay whilst 1 ant suppOrted or respected as. an officer ought to be." He roe- up and went on deck, It being, then his "watch. 111 the evening, the second Officer, Mr. Mitchell, delivered message front ,Cuptain Tweedy to Mr. :Brodie, hoportiog, that he would not permit Mr. :Brodie - to come to his table, but that Mr. Brodie roust continue to du his duty. Mr. Brodie to this replied, that be could nut 'expect to be ,„respeCted by the ship's company, if he did. not frequent tie cudtly-table, and he could not do his duty on• Such terms. This reply Awing deli vered to the . captain, thu message Wits repeated, and Mr. Brodie replied, " If not allowed to conic to the table, I will not do toy duty." On the following day, Mr. Alitehell was pub licly. appointed Chief officer, and Mr. Brodie's Incmitire and other property removea from the cabin he occupied on deck, to the one belOv ‘rhich Mr. 'Mitchell had formerly 'in habited, Mr. Mitchal iaforined Mr. Brodie he was to remain closely confined to hiS own clibin. The Officers of the ship were not Conveyed or eon- • suited. Two or. three days after Mr. Mitchell, at the request of the plaintiff, intoired of Captain tVeedy what was to, be the extent of his confine. merit ; Captain T. returned for answer; that Mr. B. was to have the use of the quarter-gallery, but other indulgence. This eontinernent lasted till the ship arrived at the Alatiritius.. On the 19th of September, the plaintiff wrote to the defendant, desiring to know the extent Of the restrictions on his liberty, how far he was to: consider himself a prisoner, informing him, that from the noxious air prevalent between (leeks, his health had suffered considerably ; to this letter lie •reeeived the following reply:— havo to acquaint you th4t your confinement is not in . ony measut.o adequate to the nature of your olfo,tce.' I there filve,,iifect that youviil not prelusion ;to iroringc on the ii belly cant now have. With te;ard to your hcg in daagercd, a repreeutat ion on'that bet ,tio:ilrt come through the no,aor of the ship, and the same communicated to toe, With ;rn littestatiott upon his wool,of honnur." Oa this, the . Surgeon of the ;hip, Mr. Clap perton, was sent to Captain Tweedy, and told that Mk:Brodie was sickly; and sufferingfor Want of air and exercise. Captain Tweedy re plied, that lie could' not take off the restrictions, unless llr. Cjapperton represented him to be in immediate danger. The surgeon. described the nature of the cabin in which Mr. Brodie was confined : it was small, and lighted only front above by a bull's-eye, ad-' joining the gun-room, in which thrre were runny stores in a highly Putrid state, and through which,. in. bad weather, water was constantly running, l'roin t leakin the after part of the'ship. The air was - generally foul, both from the noxious effluvia ,riectag trom the putrid provisions and stores; and there heiug„ no. portolur . scuttles optmetr ill the stern ~,. Sides rJt ,ilto hhilv; and froquentiy, dining Mr. Ctitititwnient, the Iktteltwav etoSed tax tteCou;it of the rain. .Its respect to the cttbin it was not worse than all the etktl , below the no }ter deck. The Woodbridge is a ship 4SO toi l s burtiteu ; there Were sit ct,biat Olt that deck, and Mr. lirodie's was one of the m o st effinftirtahte. After the departure of the Olip 'the M n Mr. BrOdie's health having been grett fly reduced by the cot:tinned effects of exposure to bad air and want of exercise, Mr. Clupperto!l, ors the Bth of Novernhcr, adikcssed the fulldwing : l e tter to L.:apt:tin Twceoy :- 1 , 4 , Mr.,lirodie has lie occ;,f4ioll for :U).tie IrlA to appir to me on account of thu dl stab , of his heitith ; aud pitticularly viv4) nights ago t a called to ,ee hint a little past suidoight, end found him ir6cteit with fainting's: eomitings, bi.5.1.4-41!;:i4.e, 11114 other ulat'ruing tiymptotw;. }its - vt - hiet, l: the totitiliiiiret with only tt little abatonleitt,aPiwar t o ~ 4 ‘11,04,0,,,,( 11., lungs and uttim Ii; ac rity opinion, Ittitae prtUiltpa4y.heen oceaiiotled . hyve a nvol exercise mid close , ovititrerueutiis rt hot asut foot atut9ii , ,li. • II "I — • 1 ' • Ltrtrott d ‘,, h , s, et_,Tico .0111 e fain 4)lthihett forlhe Ole liberty ( .. )1 wi ilk; og tm the foree-astli,.. titu ship for the space a.ftive howl. ettah day, ot b L i t rival:1011 N and injuries the pkinta experienced At the bands (if the ti4fettita l it were , i►at~ Ott arriving at Port Louii, too utadl iwo lip. plications to the- Captain, tube permitted to p shore to dipose of his investment : to the fit;st lie received for reply., th-,tt by. his etintlttet merited both, the loss of his wages - , . t ied the . :for-- feiture ()ibis property. To the second apPlieation be .received the lowingletter That althinio his highly rvprebensiMe einuluet salkietett him to ‘vaat lit had already connounietAted, he had to iniovm bias that hi., %%lib thrtiugtilife had alvc , ays been,to te; , ClNtt mot not to ; he was therefore t it liberty to dispose, of 16s proper! r board; but ats every thing there wo done throngh an agen . t, there was not any OteaSion for his beiog on , thore. Neither will 1, on any itreteneeWitatet•eirs,allOw you to quit the ship, until an opportnility offers of bringing you to public justice. The plaintiff having business on :shore at Port Louis, which required his personal attendance be fore the' Cominissarv . of Police,. the. defendant would not allow him to leave .the strip until ac companied by a pi7 f ilice pti s ring the, iirst few' days after . .arri‘iing at the Allow . ants, whilst the Captain was on shore, NIT,. BrocEe came on deck and dined in'the Cuddy with the . Other of ficers. IMr. Brodie contributed with them tOwitrds the expences of this table ; on 'learning this, the defendant wrote to Mr. Mitchell to forbid dining there, and Mr. Mitchell acted on .this or der. Mr. Brodie had an investment :onboard to, the value of 2 or 3000/. ; and 'it appeared. by the deposition of One of the witnesses, that he had sustained a loss by not being permitted to super'. intend his own affairs. It was deposed 'bytwo witnesses, that the par:ies had•beto yn bad terms, having, liad a disagreement in the early part of the voyage. Mr. Mitchell, On being cross-examined by their Lordships, said, that he considered it a great disgrace to an officer to be compelled :to walk on the forecastle ; during the nine..years he had served in the honourable Company's ships and on board other vessels, be had never hearth o f such an instance of severity. That the other usages on hoard the Woodbridge wet e such as are established in. the Compton 's service. It was expected and understood, that the' officer. stn board the Witodbridge,shindd dine with the tuillt(lfr; but if that he had been denied thiS - vilege in, consequence of any dispute or quarrel, be Should still have conidnued'to do his duty pro perly. Such were the facts substantiated before tbe Court during - a long and scruptdotts examinati o n of the witnesse3 produced. Mr; Fettousoq, stating the plaintiff's case, said'it had been justly observed, that in tuany.in stances Counsellors were much in the habit of flourishing on opening a cause. In, the presentin stance no flowers of rhetoric were required front him ; it was necessary only to detail the facts .which would be Substantiated in evidence ; thi; case; was so strong, it required not any external aid He surged, that the daniages prayed for, were less than the ease". merited ; and had the. defendant, been criminally indicte,d, 66.'4e:trued Counsel was certain his punishment, by imprisonment, would have equalled in duration the period of Mr. Bro dies,4 confinement. • Mr. STRETTEt, the . AdVocate-Gelleral, on the part of the defendant, acknowledged the general tenor of, Iris conduct to have been unjustifiable, indecorous, and cruel He/spoke merely in Mi tigation of damages, distinguishing het ween hutch parts of the plaintiff's treatment as were wholly imputable to his own conduct, and such as were justly the ground of action. in the former view, he conshlerell'the whole of the confinement (the general severity of which he did not defend) to have arisen from the plaintiff's Unjustifiable fusal to continue to - 110 duty it not admitted to the Captain'sfable--,.4.:otulttct deserving of the most exemplary punishment, as involving tjie lives and interests of all concerned. Their Lordship agt eed in opinion with . 111 r. Strettel, that the greater. part of the sufferings of the plaintiff were to,be imputed to his obstinate refusal to continue to do duty ; a proceeding in which be had neither reason'nor precedent to urge fur excuse. Sir WiNt.- Byttnouons perfectly coincided with Mr. Ferguson,' that had'the 'defendant been erimi madly indicted before a .lacy, his punishment must !Hive been most exemplary and severe ; yet as their Ltirdships sat there not to punish, huCto adjudge, the fair quantum of damages sustained by the plaintiff, they must be guided tit their decision by. the real extent of the injury be had sustained from the.defendant, carefully separatin it front that which he had clearly, by his perverse con duet, drawn upon Sir JOILN Rovus, reprehending in the most se vere terms. the -conduct of the defendant as, tyran nical, unrelenting, and cruel, iii th . e extyelite, pro- notinectl for the plaintili.--Dainages 2,j00 rtifices, with lull c();,N of :lit. , , • CURIOUS CALCULATION:-L- A meeting of. the 91°in:ester Severn'As4ociatiOn look place tit the rolsey, in that city, on Tnesclay; when a.gentle 7 man exhibited the following .citriOns and' Lite resting statement of the benefits likely to accrue from the eifect'ual preservation of the salmon fisheries ;in the Severn. lie had carefully aSeer tained the'numberof eggs in the, roe orasalMon weighing 171 b: Which amounted to 11,350. Sup posing each egg to yield a fish of 11b. the quan tity of food thus produced would equal five tons ; the 4 . atiw number at,lolbs. each wnuld P;iYe ART tons ; and 100 spav;lsers of. the .Sarne weight,. would give no less than :%000 tons--a quantity of human'foott equal to' the produce of 10,000 acres of wheat, at 20 bushels iseracre, when converted into flour, at the rate of 561hs. per budiel. An artist, in a late ingenious Publication, (Us. titignibes three kinds of relievos—basso, mezzo,. stud alto. Basso relievo, when 'the projection is less than one half of the natural thickness of the object represented; such as is seen in coins and . medals, and the freezes and ornatnents usually em-f ployed in buildings. Mezzo relict/a, when one Of the figure emerges as it Wert:ll . 6m' the snit-. stratum, Alto relievo, when the figure is so corn pletely salient, that it adheres to the plans only by a narrow strip. Mr. Webb lately. visited: Shrewsbury, and be stow ed'loool. in gifts to aged, distressed, atid.uf 7 ilieted individuals 4tild tsitttilics, beSlOl fleineitionS to public charities; schools, and hospitals. At Leoutinster, he apprenticed and clothed 30 orphans, nt a cost of 6001. leaving also a ,sutufor charitable rrposes.• • JP,RON. A i Order in tOuncil was signed on the Nith of Jibe, ( . !onfirining to the inhabitants of the . faland of Jersey their ancient rights and privileges retai -1 jutg to the election of Jurats, and requiring, " in the name and on the behalf of his Maje,itv, that the Royal 'Court of the Island of - Jeriey do forth : with ,proceed to the election of new Jurats, to supply the present vacancies in "the • said Curt.; and as any other vacancies shall hereafter happen, that they do Proceed, front time to time, to the election of new Jurats to supply. the same ; pro— ' riled that as well the- present as .all future eke,- tions be made according to the Order in Council of the 19th of May, 1671,- whereby it is directed, that none should be admitted to vote,iitthellee tion of Jurats and Constables, except such as to the public taxis and to the pro% iSitilt made for the poor, and are masters of familie.s." In consequence of the above order, the Royal Court• of', the Island of Jersey assembled at the usual on Saturday, the. 31st of July, when the order of the Pi:l NCE REfi-ENT was read, and an Adectitin appointed at the different parishes of the Island, for Sunday the Ist of August following,— The elect ion throughout the Island Was eonditeted in a peaceable. and orderly manner ; and on S:;- turday, the 7th inst. the Cotlrt met again, and proceeded to a scrutiny of, the vote's given in the different parishes in the island, when it appearing that Cimi.kts La MAIsTRE, ESq. Lord of the Ma nor of St. Owen's, bad a considerable Majority of votes,-steel no objection being made to hint by the King's PrOcurettr-4.eneral, he was immediately sworn in by the Court to the Ake of Jurat, in the room of FRANCIS JANVIZIN, Esq. deceased. • smyaN A. Paom AtritoarrY.---We arc happy to befas.' sured, that there is every probability that the plague has., lung since ceased at Smyrna our Ciistil,resident then' Living given official infor- . . mation On the 7th April last, that the deaths from „Abut disease..., had been very' few - during the fort 7 1 ltit.4ht preceding.; ainl subsequent letters from 1 several. merchants in that city to the latest date, 1 the 2,1 June, being entirely silent upon the subject. Constantinople suffered infinitely more than Smyrna ; but Mr 'WlLKillSoN,.who arrived three I 'days ago, with dispatches front his Majesity's.Am brissador. there, states,lli2t the plague had entirely i ceased for a . long time.previous to the Pth . ..lnne, i: when he quitted that eapitaL INFAMOUS HOAX. A:short time since, Mr. WRIGHT, a Magistrate for the county of Essex, Nviii) resides near-Chelms ford, and who is a considerable landholder, and holds a large farm in his possession, had eleven Merino sheep stolen. Mr..WICIGHT, with a lau— dable zeal for the preservation of the public pro perty, and to protect and bring to.condign punish-. Meta the depredators, offered and advertised a re ward of 200/. upon the conviction of the offenders.: Early on Tuesday morning, Mr. WRIGHT received a letter by the post, purporting to, be written by Mr. Nottitts, Ole post aniteoachlnaster of Wool wich, stating, th a t if M r , WRIGHT would coiuc to hhn as soon as possible, be ennui telt' :him where six of his sheep were; and two men who had been. seen driving them across. the country. In'eunse iptence of - which' Mr. kVaronT set off with all pos sible speed, but took the precaution of first going to the PAN. Office, Bow -street, and engaged Vickery to accompany hint. They proceeded to WoolWteh, and on getting- an interview with Mr. Notting, Vickery knowing hint pirrSonally, began talking with hint familiarly on the subject of the stolen sheep and the robbers;. at which Mr. NOR - Ips appeared . all amazement; and on his being told the cause of their calling on hint, he request ed to have a Sight Or the letter. On his penv,iog it, he declared the• whole was, a gross forgery, ,he not having written it: and of coarse was a mere trick upon Mr, 1YI:1(.11T. Mr, NORRIS deChlred the letter to be the sante band-writing is a similar letter that had been, sent to a Uentiethan tit sties- tant pareoi the country, who bad been robbed of twsi.horses, to., which his name was' also fOrged. By this infamous trick, in addition "to the loss Mr. \VW ITT sustains by the robbery of-his sheep, he was put to several pounds .expence by the forged, letter. The letters are suspected to' have been manufactured by sonic of the convicts. Theywere put into the post at Woolwich. • TL-11; BrS2OP Or WATERFOIIII.--iiicti, on thel3th iristr. : at the. Palace in Waterford, in his 77th year, the Right Reverend Dr. do'st . .eu STOCK, Bishop of. that diocese, .and formerly a Fellow 01 T r i ii i t y College, Dublin. His Lordship was an excellent, scholar, and much esteemed for his urimaitra manner's. He was Bishop of Killaia at the time the French landed there under 6, , neral who immediately established his heluknarters in. the Palace, and took some of his Lordihip's fa as hostages. ills. Lorikhip wrote narrative of the , . proceedings of the -enemy while in' that (limiter, the language and sentiments of which. display great philauthropy,-candour, and . - On the 2.lth ult. JameS Tyre, or Maeintyre, a native of Stevenson, Scotland, came to Ardeer, seeking charity, and shoved a determination MA to leave the house, unless -his application .w s 1 listened to ; but was' told-by Mr. 'Warner that he would get nothing, and ordered to depart. Mr. Warner turned his back to hint, to look after, some labourers, the roan drew a knife, and made an attempt, to cut Mr. Warner's throat, but lie, feeling an nail over Ilk shoulder, lint up his hind, and received a cut ` across the. fingers and a large wound in his left cheek, and-us:lie turned,round, the fellow atteitipte(l to ,cut him acyOss the breast, but Sticceeded only in cutting ..his jacket, upon which Me. Warner went up to him,„ and knnekel him down. Mr. Warner, as soon as the titan re covered his feet, saw the knife for the first time, and having seized him by ~the breast, 'the gave liint a deep cut across the thigh; nine inchei . king ; two.luches Wide, and one melt and a hal; deep. The mark vvasinstantly secured, and:com mitted to the prison of Ayr. The trial is to pro ceetratHthe ensuing circuit. Air, Warapr was dangerously ill for ionic time, but i, noW out of danger. • 4 SUSSEX ASSIZES.-7-I,Essis, Avo. IG. HOLMES V. MOLINEUX, MI. M. P. In this OrtiPtl it appeared, that the plaintiff the Mayor and Pt:turtling Officer for the 11011 0 ;', of Arundel, at the last general Election for tot borough ; that the deftlutalit was a candidate thcre, and returned, without opposition; to Part;10011:: Th'e , plaintiff's claim was for,-Onenwiety 4)t expetice of the hustings, and of the retu rn defendant objected, that by.. law be could esllecl oit 'for more than one t` int of the eNpe'lltiJa, of the hustings, there being-t lire(;...canditlates::9, flint, to the kturn, the'plaintilf 'as WV ll t make it without any remuneration trim) :Lfentint. 'On the former point, it did not ;appear , in 1°1 ' ; that there were three candidates, or that tin pence of erecting the hustings exceeded tho' c ip , any firmer election, alwayk paid for by t 1 1" didates:,, . . .TO the latter objection, -II letter t fendant to the plaintiff' v,ls cent), ill w fondant stated, that ".:e shoulti:bi to pay his share of the charge of the same manner as 'was usual in otfu in that part of the cottuty.'? The P proved, that the demand matte by, biti (tenthly less .than the - usual charge of other boroughs. : The Court remarked, - that; _after 1 r.,ti not a handsome defence to the directed the jurY to.find for the pia! they POLACE, ARLBOROUGII.STREET.— Tile P 4 the Pantheon Theatre, appeared at a * tlilhn at acting e i t u t h o c t e mi t t e . a t c license, l;' quence of the eir CounS' enit, the consideration. of the case ty by agreement. • UtitoN-HALL.—.,4nn Smith, ,a 9170 years of age, was charged by a pawnbroker, in the Porough, sriti gown' and several other aitieles, Nr.,Barber stated, that he had 111.40 missedarticles out of his shop, wit not account for : the prisoner was and often came to the shop, but lie least:suspiciOu that she was the thief - day morning last, when sire came pledge some trifling article, and-imila she t had linitted the shop he missed ,a ` 1 ' . ' 11441. j ust 1 4. 10 fc hung up near a the Friday after, she came again t . 0 : quitted t.;e shop, he missed an hefolloWed the prisoner, sehu, on Pe' dropped the gown, which she had c der her clothes. Mr. Bather de."'" sent for Golf, Who came and tool. tody. On searching her, he found duplicates for articles pledged at ' brokers, many of which agreed it with thoseUdssed by himself; and at Mr. tiarber's proved to be a rticle other pawnbrokers. It appe:lrt'd Ilia pursued by the prisoner for some Deco to contrive, Nvhil,t pledging- Oil 1, ''.. 11 1 ) , to' pilfer sometlimg,whir 1 , °iv pledged at another. " s 16y cl trial at the next Assices, vut , dre., • • A piece of iee,.many itt ing the late violent. thuti,ier swim, of of Cullen-hill, iu ,Bautrsliire, nod a hive of .4 - c cs was completely dest? lightning. - • trf Yesterday se'nnii , lit a . cat, helot', R. „Blackburn, )er, of Prest , Furtha I' I.ll' 3". 'l. Furth lire Kitten, wi th tv,•o tonglies„ c, ..' about eight ycsll 0I:1. The Chill With four others behind a. ca rt Inatit: (l ,", i ,, t ig when, in consequence of the cu rb rein ti c. J :110 1 `,"` s l d u u e d i ao n t fl c in e i b n i o t c :•c r i " s s c e' e r "'- passing over the loins. of the poo startled . by the ,79th .regiment, .wbo were . 11 ' 1 00 fr-de-Pie in h o onour f' the P r ince Itege nt . iay, ran over a hoy in zit:lanies's-%trceto so much hart dim died next Mit • On the I3th inst. at Devon, limn Garr.' F ••• tit ...(141,te1. On Nrelitlity, I+;;:i inst. :it ()atoll , !S tair)l- '.• house other oval i)(1 - -in-1,Lw, the 1 - lon. Lady Faiwz.rtt utt vs!.ev, 'of (,aptain IN'toitelo ' Nury,of a still. tv,in eiafig - hter. . On Tuesday last, the lf.atly of the Rev. J. Arington, Hants, of a danghter. • . On, AVesluesti . .y last, he I.atty of Joeepti house its Park-street, l'irosvenor-stionre, of ft At, Stonier Ruh, Coutay of t. hire, Lientenant-Coknet Culien,oftlie ter. v of Is ,' on Tttetday 1:1: 10 t Tei race to or eitt , r(l4y , T o tt,nbam y nice ). • no' T r b„` , atike,tiay, at St. Bride's, Mr . 'butte:. 1 1 3vel , 101 to ilamialt, second daughter of dosql; t' lima etnc~nd, cr is. 1.1 the I.:;th Jolt. ttt fit. (*moues Church, " few !ei ton Eml• liarricter-at-I,llw, to \liss ideleo ltorrtu„).4,t, daughtet of ntjor-General J3ruce, of the Liu"' Colutiany'4 SCI'S ICt'. J rat's f?' 11 th e 1011 ‘ ' ~ t .:at Cheltenham, aged 19 , ' r . „. 1-3441•5 t 41 "'•'-'' ,• t 0: the late Sanittel 1.10 1 4 41.- " ' • ,;, 1 t- *billy 13 • t „ I s e , 1.4.11. int, ESSVX. t ii i l .,.. On Ti,,,,i,:. ' . 1., at his !louse in I.lridge-ittfe4 ' ti I. Mr. John R- 1 ti t,t.., t 111.Dte re) ant* .4,,05 In Dublin, a 1 . 'II on . Iviroe' ' ' 1 i•J thev../ „, -,- • i lit -awe, Oa, o . , ~, -.ob.sranci , 11. 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