The Sun. — London, England, 1824-07-31 00:00:00

LAW INTELLIGENCE. '0 1 1:)‘/RT OF'ICING'S BENCH, GUILDH.O.I.L,JtiLY 30. *FALSE IMPRISONMENT. Daimon; v. aallinnt. ?hit was an action brought by the plaintiff, late' Lieutenant Colonel of the 2d West India Regiment, to recover from the ikienilant, late Colonel of the York Citaasetirs, compensation rn dantagem for having bsenillegally arrested, and imprisoned kr ten months in liondorati. The case for the - Plaintiff was coiidutted by Mr. Brougham, Nit. Events, and It Ir,Canteron ; and the defence . was conducted by the A ttorney-(ieneml, Mr. (t u and Mr. Park: Tile defendant first birCalt name opened the pleadings. pleaded the general issue. There were bettiths 47 pleas, stating rim different forms that the defendant being Commander Of his Ma i Sesty's troops in Honduras, was justified in arresting the piamtiff, who was then a military officer under his command, and who had been guilty of' disobedience °finders. The plain. tiff, by his replication, denied those pleas, and upon that issue Willi juhltd. • Mr. Boon ctita ai —The plaintiff, whom he had the honour to r,anteserit, was a gentleman who, after a long service, having 'I maintained an unktupeachable character, had at onetime by his own exertions attained to the rank of Lieut.-Colonel in his Ma jesty's army, which he entered at a very early perind of life, and during his service had exposed himself to all the vicissi. odes of a military life, in that branch of the service which wait attended with the lying reward and moat exposed to discomfiture —he meant the West India Service. Col. Bradley obtained his promotion, not by wealth rior by the interest of powerful friends, which he was much 'afraid was the wee of the promotion of many, but by merit, and by that alone. In the West Indies the plaintiffserred his King for 20 years, actively, diligently, and with a character without blemish. In the year 13111, when tie i tile plaintiff) was a Major of long standing, he was ordered .aim a detachment of ,his regiment .to the Settlement of Ilon a auras, at which place he found' in command the present de ,.. lentlmnit, Col. Arthur, who acted in the double capacity of Civil •,duKrintenslant of the adony and Lientenant•Colonel of the •-• York Cliessetirs, which were not at that time stationed at Hum- 'daunt, and the plaintiff's, 'detachment of course watt under the eeornmand of, the defendant, who was then a. superior abider on full-pay. • Ile believed no man ever, yielded a more full end reatty obedience ion his superior Oilletrk; or went farther to 'tun e el those oveilwherr, he• had onmpand to pay obedience X 0 _Oleic eoperiore, shalt the plaintiff. Nay he taught go far . tlier,,und say that the imlimintitf went farther, because he went -beyond the lihe of late rduty;` its anxious was he tot discharge ' hisaltsty ;,.and ase tone oceasionethe inhabitants of: the Settle 'toms, vtised•tiehirn and tha,men under his coinniand a sum of • `ifititterfor their servkcalit clearing away part of the forest, and eirabilitg.and rendering habitable a surrounding swamp. The thArtkri• the Plaintiffaccepted ; but lie .declined the money. lie Mentioned this circumstance merely to chew that the plaintiff' ' was thn'last Man 'agninst whom any charge of disobedience of orders could•with propriety be brought ; yet so it was, that a charge of this kind was ,the origin of the present action, of the circturnoances of which he 'shoillil enter into detail. In the early part of the year With Information lied reached Honduras .of the contemplated,dishandunineficof Nank Chasseure, anti it was the airbjeot of ft-clop - it converstnions with the defendant, who • then msecommonavirli the• other officers watt! of opinion that lie .would ipsofiwto be deprived' of all militarycommeral : because, • being on the hid fpay he couldnot he amilittary saucer, antiqtbere. • foie could not ex e rcise a ny m ilit ar y aut h or i t y. Time,YorkCietts •veurs were disbanded in August 11119, mid the comm alltl and charge of the forces naturally fell upon the plaintiff, who was then senior oilleAN Of the Colony: ' When information of the, die bandonment hart reached Honduras the plainti ff naturally ex pected that the defendant would of himself deliver up the coin .. intind, and the plaintiff was of course delicate about reminding • the defendant of the situation which the reduction had. placed hint in. One month, two months, three months passed after it , was well kirown that the York Chemicals' had been disbanded, • 'acid the defendant still exercised supreme military command in the Colony. The plaintiffat length began to consider the shims •sion in which he was places!, and the responsibility which he in aairred by not taking the liability which would attach to him for • any thing which might go wrong In the Colony; and heaceord ingly remonstrated with the defendant, who upon no occasion adieged his right to retain the comnutid, but merely said that lie had sent for instructions to Englentio. and that , ho had not yet received them. Tha pleintiffstill forbore; but considering. that he had done many acts tinder the command of the defendant (he had in fact no military power), ho on the 23a of' allay ' 1100 i waited' upon him, said th a t he ennsidered himself thk• military commander, a n d that he could not receive any snore '.'"ltmlfront the defendant. 10de.% he sheweil his commission, ok• 4;ated hy what authority Ito acted.' What ,did,, , the defendant ~ , i ? . Sheer tile , commission or state to time plaintiff upon what s'''hut icy he acted ? No. no; nesuelk things he took what in n‘krkowy kir.t seta a novel. course. He issued no order, com manding-ail tile garrison officere to :imam dile at his hotter. To tin wiiiit ? To suite to them that he heti got a fresh commission Isom England ? , Ne e lie,gotangether what are sometimes got t molter in a large bedding et Weattninster—he got together it kil,t, of debaters; anti itnit,ting the convener of' the people of the' , ivett building atWeettnitteteri he stated to them in a speech the 4:..tject of his (tailing-ahem together; and as an Improvement upon the proceeding,' in the great house at. Westminster, the usfentlant propteted to his assembly to olectliiin avi their coni .lltaidtint, and they unanimous) did so. Si society of debating :. nuldiere,wes in fact a 'solecism in . nur , language i in fact, such a '-, sit,y.lety was, incompatible with our military inatitilitionai•willeh otale it imperative on soldiers to obeyi:and ant to discuss t hut ' when a society ofoldiers have EliXOtt With t!tVilitt-ht 4 . awl ro: • e•'&tad•feconfet. kettplinne cimniii,via itpon any caviar. then in d eed ••"iiisilltii - nitimr•iii 'fifeillarin. • This sociefi. watch the tivrolditnt , • • - c,Nernt cit. bY,l k iS rhetoric and cenvineett by hie Ingii:,,conaisted ne, :'Peat Military Officers of the Gisrtigni, IWQ Assistant Commis, ' hasies; and the Herriaon Chaplain. 'The plaintiff also received ft'kettrttrinnv ter itictici t h is ieveting. Indeed he meld not say n • 1 s.: M 17101.1 3, becitikie it commenced with " You are requested," Asti? i hot.yticluai it was, it With delivered to hiin, and lie declined 'acm e s to the (low rortent flouse, unlesvi the defendant should T ..,..)11ti5e !!sat he monad state by what pilaw/tit/ he exercised the is ;'ewes,' military cintikmktkil. When thri yikitmkry conclave was akwanided, tile:defendant, in order or cimrse , lo give them time ! t'eoriaister of the 'important ()Neil,: for which they were eon. . V..nekl, titspatebcd' awn of his of fi cers to the plaintiff to order ' kart to totem' at the meeting. This order the plaintifi'seitl he • • asetta not obey, uniesz the defendant Whilld condescend to state by what authority he acted. This va's'sal lowing beta) conveyed t : i the defendant . , he Wgian dispatched ibentficers. With insane.. V•uot to arrest the plaiptiir ir he refund to obey the order. Tile piaintiff aktin refused to comply, cxeept npon Ll l 6 conditions twi t & belied before proposed; and the officers iininctliately de. yin vod him of lk is sword and Ott hint under eltk:kearrekst ; that ttly4, • corttined•him in tor, unhealthy disagreeable climate to one small ,stun. One would Have thought that the defentlent having done . alt's, would, here read the Artieies of IVar, and have seen that it•was Imperative on him to bring an officer to a Court llitrtial • within eight days after hit, arrest, or Within as short a period as amoasible. But •tiei i (Ilk self-propseted and military.elected .Commender-inaChief diedaineti to look at the Articles, and wok his own • time to forward a dispatch to the head-quartera at . Jamaica, whine Ise - at teat tient one t to which. , an answer wax ,received from tlenerul Walker, then in eaktimantl, on the 3d of ~4 sigma 11120, directing that the clam., artemteihatdd he altered to arrest at !aegis; that wes, that instead of being confined to a . narrow room the plaintiff was permitted to havteall the range ,di . the garrison. The plaintiff had, when this •ertier arrived , r oni General Walker, suffered 73 days of close imprisonment t whcreas,•if the defendant had used doe diligence, the plaintiff rgight either be•aent to Jimmies to be tried, or officers might ~are sent to - . Jamaica to try him. After this the Jury. would of ..ceerati think that the det'endant took active sonata° bring the plaintiff ter trial; but no such thing ; not a single • st e p was taleen fur that pirpole. lii the Nevember following the de. Eastdatit.received a letter from Sir Herbert Taylor, stating that Itie , 11,sntal flighttese the Duke of' York • had recommended to his Alitjelit, to tibonhat the plaintiff from time service. Now '.assay the defetulant, having received midi information, imine -I:imciy said, ,that•is etiaugli to convince time that the plaintiff is rig longer t e, as nitae l man a nd I shal l fr ee him from meet. • :pfe„ wal l a, h a ma id. not 'do so ; lie moat wan for an official • eetittriunicatiori forsatotik,and in March followintro, th that tro I !rm ar. reed snook...a im) :having been trade the 'plaintiff was . ‘. l an ost, after! having be alepri - viXl of his liberty f o r upwards ei steninotaimn.,' The plaintiff immediately hastened to England, 1' 0 0, Prowttl'in'apirittl, and nearl) , beggared in pocket, to lay be .fintitliat Elmestriotta.,Pentonage who was ever ready. to hear the Imufdairit , oftlie:litirtibleat aoldier.ritrid to afford hint redress, an ' ', l ' 46 hr.. . ti t; rtilds`sufrerings ; but unfortunately for him, that. sp . ; d at • ---- ; - ",.„ n ''' w .. „/INV if made earlier wtiold have insured him re *: '4 ,- • -.,,',,' . - „ 4 2' ll . o trtittierdett ml,, he .Would admit, from any bad --"--. dated r.. "' "r " 1110 Olgitititr 4 hilt because the case was formerly : 7 i : 6 ., mix r n ri 4 et Va t , w h e la t il4w .. ,..4 . llilot - tritnis Peraonagetanild only judge ~, the , akiwi ,, roil ciz Trltr . .rt statement of the plaint id, "(knell O Y. atipported at f ly, ~,,,,,n_ltY drasten- up , soitentent ofthei f leten an!., a s - umg iiii Thofm ,4lZt ‘ rpithin* of Ids friend 4 at •honte. 1, o ..eitied, opals, e ta , h u ll o , t i n i _ h iglttt , 4 case which had been de . . 4 . n0n ,, , „ rut to . onbiti .„ l ; „LT : 4 7 t 0 ortequally matched *tate. "" - ,, , j n t i if ; w h o w „„, ,7,,,,..* ar t g i _ .. ttittii t i e the non ettiticess or the , firo_ntoimiv, ems , „,,,,,,, 11 ~,t o ~., 14e r r 2 4 1; ti l e rally rettource left to. isetiinkeliitt r iciWitiff N.efilei;itter ' ' ' "le'lt,"ttYl"" fire the. . .ait man t a a m gni I '''lnftliliqi he fOkib 0 *g i h ti t sliestioi I- ' • 00 hf • , "" 4 ', 1 „a, to lies waili ilte"wei ,e44' rm s " t.„4011100110' la c 41 ' 4114 . 0 1A'tPripits serVi66' ' a' - ' — r ii . i iii 4 i4,lllnorittiptein po i'*ir iwik lA . Rai poto ie w as . - :ft , - : r, kr'," - +*fliglialk 3 (4l44ty . of elit'y litinhtliktilk tsjisti&r," caveat il , •sv l t l a ' piaintitfislinursteli. Atipitekt::.lfetring . ' no w phai, li) , id k I tronuot ' colouring, stated the sufferings of aheislaintiff, he should heg 1 to offer a few observation* upon thealifficult situation in which the plaintiff was placed by this conduct, and by the manner in which the proceedings in this cause had been conducted. Ile did not mean to say, that in that quarter from which emanated all the rewards of military services, any thing like a bad feeling towards ' the plaintiff existed, but that an opinion that such a feeling ex. isted was very general in the military profession, and therefore worked to the plaintilfasenuch injury as if the opmion had been, instead of being as it was erroneous, well founded. The plaintiff could not on this account have had uadvantage which plaintiffs • generally had ofcommunicating with his.witneexes before hand ; , and, knowing what they could prove, he was obliged to summon them to give evidence in a cause in which their evidence might in their opinion work to their prejudice. Although he knew this opinion was wrong, still he could not marvel much that it was general among military men when they saw what had hap pened, namely, that the defendant had, instead of being repri manded received promotion, and that the plaintiff was dis . missed the service. He wished he could as safely admit that in no other - public department did the defendant receive sup port; but he could not do so, when he saw that the Solicitor for die Treestiry conducted the defence, and that in support of that defence the first Law Officer of the Crown was engaged. Another complaint which he had to make was, that the pleadings . were swelled to an enormous length .with the •view of ruining the plaintiff with costs if lie should be unsuccessful, to a length which he would say was ten times greater than an' special pleader of two years experience would have extended them.— The plaintiff had, however, relying upon the honour of military men, upon his conviction of the truth of his case, and upon the conviction that military men would tell the truth, Aubseenaed some; and he trusted that the Jury would by their verdietsup port the plaintiff • against the supposed influence of the public sword anti the real influence of' the Treasury ; and afford him, as much as in them lay, compensation fur those difficulties and embarrassments which had beset him from the very moment that he had the manliness to stand up against the usurped and. ille gal exercise of military comtnand by the civil superintendent of honourable dunces. . ,The depusition of G. Redmond, an Esquire, wasaben put in evidence. Ile knew both plaintiff and defendent. In 1820 the pl a intiff wi t s •Littuta Colonel of the 2tl West India regiment, with which he was stationed at Honduras, where the defendant acid as Civil Superintendent and Commandant. The defend, ant was,Colonel of the York Chasseurs, and was in the belief of the deponent placed upon half-pay catty in 11120; hut this deponent could not say how or in what way he had conic to this knowledge. lie remembered in the month of. May 11120, that a general order was issued to attend a meeting a t th e Government House, Honduras ; that he attended the meeting, where the defendant asked the Garrison Officers if they acknowledged hint to he • Commandant; and that the officers unanitnously said they were satisfied that he was Commandant ; that the plaintiff refused to attend the meeting, on the ground that Col. Arthur having been placed upon half-pay ceased to be a military man, and could not be Commandant; and that he (plaintiff ) being then the senior officer in the. Garrison was entitled to the com mand ; that the plainti ff ' told this to all t h e o ff i cers o f hi s reg i. Ment, but staid theymight go. to the meetin g if t h ey pl ease d. — On that day the plaintiff was arrested by order of the defendant; and the command of the detachment was given to Captain lord of the 24 W. I. regiment. At the meeting the defendant recommended to the officers to have es little communication as possible with the plaintiff. (.)n that evening there wt.% a pa rade, at which tell the. servants Were assembled, and at parade the order or Cot. !smithy 'tit arrest was read. For several days Col. B. was kept in arrest; that he was under arrest alto. gether for about ten months, (hiring which time he w,s de. 'witted *of allowances, amounting to, a bout lOs. per day, and to which he was entitled as a Field Officer. bord Palmerston examined by Mr. Ituot: oit A id--I was Se cretary at War in 11119 and Ib2o. There are Military Returns of what taken Waco in the Colonies made to the Commander. in.Chief,''and duplicates of dose Returns made to my (ace. Mr. Lakin haS the custody of them in my office. Robert blade examined li IT. uoutuffA3l-1 was clerk in the War Office in 1919 and 11120. 3 B :'The' York Chassenrs were disbanded in August, 11119. The officers of that Corps ceased to receive full pity in the latter end of 11119. ,The date of the Warrant placing Cu!. Arthur on hie* is the 11th of January, 1820; but that date is not a proof that up to that day be re-. • ceived full pay. Col. Arthur received • his half Inv from the 25th of October, 1819, two months after the disbanding of the l'Ork Chasseura At Quebec.. Cross ! ettaminett—it is likely that CO:Arthur did not receive his NV jimmy Until hisatrrival in this country. I don't know et what time an official communication was sent to the. defendant, informing him that he wail; placed tyon hill pay. An official conemmicatipn of that kind niti'tt pusi through .I.tinale.a. Ite.examined--..00 the:7.tb Pf .la y,,18211, a conimunica tion was mad't toOte, do. ot g 0..e.A'; 1 , , irtatil)g iba t . he was delayed upon . half Pay rant..., Vitte : etober, MM. Notice 1 of the disbanding of a *writ ht'tifit i en In The' atizel le. I am not itieletit , oteholViiii titirtsbatt taloblte wolf-Wu/lion of the dishoothrieNt lo'hntabif - irlion:thilt egVenent is In • North it merien the otlieers would ptohnbly hem of - it in two or three tnentlut • when a reg n ime - tit dbdotntled Communications strum made to die. fermi public departments. Sir henry Torrens examined 'by Mr. Ilitottottaat—T have got the returns made to the Adjutant.tieneral 'department by the Superintendent of, Honduras for .11119. and 11120 ; what I now prochwe is a return of the Staff; I have al•aiat return of the ;strength of .the garrison ; by the returns it appears that on, the 2;itil of August, 11119, and 2tith of May, 1820, Captain Newell was stated to be on half Parof the‘"Oek,ChltaseVC • Cross-exandned—Those retain% came direct from ilondurasi to the ‘Var.Office. .. .. lie-examined. I have no half yearly . returns from Hondo. raw.; 1 have a gerterel retort, from .Jannuce of the state of the truope in that Colony and its dependencies; that return dues 0 , 11 coll ud e any or the orders iestted. at 'liondurae, Out it con- Wes the orders Willed in Jameicit applicable to. Honduras. 1 also, produce the two bull-) early returns from Jailleit.t from. De6ember 11119 to Decent er 1820. Cross-examined-1 don't think the reduction of the l'olk Chewers would affect Col. Ai - dines military rank as Gover nor of liondurits. ite-exantined—lly the retitle* of the regiment, Colonel Arthur's rank in the regiment would mote, and after that dia. hantintent he would not 110 41 ft ny commihsion in the army. A person having a Steff-appoi ntinent continues to hold military rank, even though his regiment Col. Arthur was t should be disbanded. • Afttr p.iteet. upon bulf.pay he was recognised, hy the Anthorino' at h )111 e as .Nlilittkry Commander of the Colony until lie was removed. Cross-examined—Colon e l Arthur's cernmand at Honduras sew+ tut it regimental command. If a Colonel in the army were to come to liontittras after the disbanding at' Colonel Arthur**, re :Inert. th Colonel could net, its a flatter at' COUriie. super. %eft: ilia uothority of Colonel A rthur . The Superintendent Of Ilitiultiras !icing in military command would have a right, although on halt' )ray, to commend tiny garriion, whatever might be their military r im e. Mr. Ilitouutiaar—stippos e I were there,. which God fat bid laugh)—but if I were there as a civil superintendent of the colony, ehould I, who have Lever been in the army in my life, have command over all the military officers in the garrison ? 'Wilmette - What I said i s tide, that the superintendent hai the command, provided lie be an officer of military rank, whe. thcr upon half or full puy, lilr. ItA et—Aye, that's the question, provided he be of military rank, and that he must 'thew. The Loan Cuter JOSTier:--it is not necessary, even in the ratio of 11 constable, to prove ; an : here Colonel Torrens says the !superintendent of the Colony curries military rank. Witness..--'There was a General order issued in 11117, giving Superintendents military command.• Colonel Arthur continued to act as military commander down to the period of his leaving Honduras, although for the latter part of tho time he was on half pay. The deponition of General Conran, Commander in Chief of the Ifilitery Forces at Jarnitiete end ita Dependencies in 1819, was put in.—He remembered a communication having been made by hint by letters to Colonel EVIIII/1, 2d West India Ile. giment, to hold himself in readiness to go to Honduras ; but be afterwards, at the request of the Doke.of ;Manchester, counter. mantled that order, because it was thought that Colonel Evans, being a senior officer to the Superinternhtnt, intuit take the corn. mend; and the Governor wished the command to remelt) in the Superintendent. He considered the defendant as entitled to supreme command at Honduras in the year 1819. He had never written official letters to flortilurae, directed to " Colonel Itrui. ley, or the Officer comniandlog his Majesty's troops at Hon duras." Ili* letters were generally addressed," To the Officer ennunanding his Majesty's Troops at Honduras." Lieut.-Colonel Freentande examined by Mr. EvAmi-1 WAR Deputy Adjetarit.Generel at Jamaica in 1020. I don't recol. lest having read in the book transmitted to Colonel Arthur an' order stating that'lle was on halt. pay. • Chile. Harding, exa m i ne d by 5/r. BROUntrAtif —I was clerk inthe office of Cox, and Greenwood in the years 1819 and 1820. They were the private agents of the defendant; ['knew early in January 11120 that the York Cheetsettrs were disbanded ; I knew this by letter from Col. Arthur. Lunn Ctiftw JusTict..4l•think, upon the evidence, that it must be Admitted that Col. Arthur knew on the 25111 August 11119 Om i t the York Chneseurs had been disbanded. 'Mr. ti tt rteV We admit that, my laird. al r. Harm OICA et.--. Then 1 11111 SittiSited 11/I far as that goes. .T:te.ortice issued by the defendant for the plaintiff's arrest, the letter of 'Sir - 11. Taylor to the def e nd ant ,' Commtin ititting his fioyal , Higitness the Duke of. York'', reeoMmendation to, hip A j uj i .vi y, together with the defendant's kilter to tin! piftiti titu, untying to him, in March 11121, that he'was free, truth arremt,-Wetti put in and reati; , Fro t h the' l ots tee r of -General Cot t raj) to or. ti t le i e n terroge. torie., reed at the requeit of the. Sorlettni-Gnertil, it npPetrrO 1 that he Aid not consider the defendant to have the military corn. • mantl at Honduras in consequence of his being the senior offi cer of the regiment on the station, but he considered Colonel Arthur to hold• the military command of that station, in conse quence of his appointment to the situation of Superintendent. , Mr. Buoy 0 west—That's the case for the pliontiff. The Aer cuitaiEY.GENEltet. addressed the Jury for the de fendant. In the few observations which he should feel it his duty to make, he mliouldowt imitate the example set him by Mr. Brougham, anti cast hoot' ortiotis to poi] the character of the plain tiff, nor of any penton engaged in Support of his cause; but should merely endeavour to lay before the Jury a full and impartial state ' of facts to enable them to arrive at a fair and ii just conclusion. , First, with respect to the observation that those pleadings had been ewelled w a great length, he would only say, that that wax `done in coesequence of the plittotilrg refusing to admit than to assume, as was generally done, that the assault and false impri sonment charged by the plaintiff in his declaration was one and the same offence ;- and he was satisfied to those who knew him and his Colleagues it was unnecessary for hint to say, that they would nut extent ; them for the pu r p ose o f i ncreas i ng the costs; but they`were bound in defence of their client, to do every thing to meet the charge of the plaintiff. With respect to the charge that the Treasury supported the defendant, he would :wow if, anti ask -j-Was there tiny thing extraordinary that when the einplOyerx At' an honourable titan were satisfied that lie, in• the honourable anti faithful discharge of his duty, had exposed himself to great reeponsibility, they should bear him harmless P Ile was itatistied that if such were not the opinion entertained of th e derendent's comliteei he shoithi not appear there to defend. The leearned Counsel having here detailed the llicts of which he intended to 'offer evidence, concluded by expressing his cohvietion, that the .fury, alter having heard the evidence which he %hold(' offer, would by their verdict declare that the defendant had loot exceeded the strict line of duty, and would have been guilty of a dereliction of ditty it' he hail not taken the most vigorous steps to suppress mutiny and disobedience, of both of which he should prove the plain tiff' Guilty. „ , • • William Bayley examined by dlr. ( o. no Try. I .1,11 a cleric in Lord Bethurst'm Office; I know the hand-writing of die Duke of Manchester, who 'is oneernor-General of Jainaieit ; the signature to die appointment now produced is iii his hand writing. . . 'This doCiimenle dotted on the 7th of July 1814, appointing the defendant his Majesty's Superintendent Of Honditras,, was then put in and read. J. Knight, clerk in the office of Cox and Oreenw and, proved the signetore of Gentled Fuller, Coninnuider.in.Chief in Ja . make', to an appointment dated ah July 1814, granting to the defendant the military ,commioni of the, troops et llondurae. , Sir H. Terrens considered the a pp o intm e nt % to all military continently at Jamaica and its dependencies, were in the gift of Fuller in 1814. Creel-examined by Mr. Bitortillast —1 am of opinion that the Coniihantier-in.Chief at Jamaica could confer that appoint. ment upon ati otficeron half-per. (The appointment was then put in and read.) Lieut. E. Webb, examined by fir. 0 o it x EV—I am Lieut. in the :id Weet India Regiment ; I joined that Regiment at Honduras in .luly 1/11e, when 1 finuici Col. A rthnr acting as Su perintendant and Commandant. lie continued to act so in the year 1820. In May 1820, 1 was acting adjutant. On the 22d I or May I saw Col, hostile) , ; he dictated to me an order, which 1 wrote. The purport of the order was, that from particular circuit]. stances Col. Buono' thought fit to assume the command of the Harrison ; and the second paragraph contained an order to all Officers, Staff and Regimental, to attend at his quarters at nine o'clock next morning. ' The order was signed " T. Bradley, Major 211 W. 1. Regiment, Commandant." Col. Bradley de sired me to take the Order to •the Brigade Major. 1 chewed the order to Major horde second In command, and he de clined giving tiny opinion upon it. I thee brought back the Order to Col. Bradley, and said I should decline distributing it. Ile thews:till he should put me under arrest. It was not my ditty to distribute: Garrison Orders, Its 1 was , only a II ego mcntiil Officer. On the next day I went to Colonel Bradley's quarters. ' Colonel Bradley told me to show his Order to call the Officers. e Tile Brigade Major Noel end 'hem, Willis came nbont AO o'clock. The Brigade Major said lie was di. rested by the Comm a ndant to request 'Col. Bradley's uttend- Ando at the Government House. Col. Bradley refused to go, and Major Noel 'said he had inxtructiotor to put Col. Bradley tinder an 'arrest. ' Col. Bradley again refused to go; anti I considered that Major Noel put Col. Bradley under close ar e rest. Close arrest confines a men to his quartent. - Croes.examinecheeThe Order wits never shown to any person except Major Lord. 1 attended the meeting, at which all the • thirrlenneexcept„Colonel Bradley attended. After some debate Colonel Anhui' asked the (gentlemen present it' they would ate. knowledge. him as Commandant, .and they said they: would. Thil voyage from Jemaica to Honduras is About six days, and from lionduraY to .14111AlCa about 12 or 14 &type At the meet ing I heard Col. Arthur say that he had a Commission as Coin. MAll44sOU,lbilt la) t4d notelet' from whom be bed the Commission.. 1-isut- Willie eArettiinerene.air, l'e it ue---I roma, Lieutenant of Aniitiny.., I,wisi,st ticoulums in 162,0 with at it eon:bluetit of rity.C.oeps..eil , aetatitts Secretary to tlie.suNrintendant, • I at touted tile:Meting ill flay at the tiovernment Home. , After the t •fficers were assembled I was sent to Col. Bradley ; I Worn piinietDlajor Noel to Col, 11.'e 'loaders. Major N. stated that he was directed by Col. Arthur to require Col. 11.'it attendance at the Ooverninent- Donee, , G 01 4 ,11, declined to mac:. but if, Col. Arthur sent for him privately he would attend, , and :that it was contrary to the King's Regulations to tuoiemble Officers upon such an occasion. I think Major Noel took dispatches to demaiea.by. the first malt of War that sailed after.this occur rence. Between the months or November 11120 end March 11121,, I don't. think Any dispatches were retell/11d at llotolittas trout .barntsira. There were no arrival,' from Jamaica from the Ist December 11320 to the 100) ,harsh 1821. c I 0 . i t A i v i l a b a s e j r o Kt r f t i l l - I l l:HI C . e i t r i n 3 g a l . t 1 , 1 4.1: 1 ' 11 1 , rl c k o l e i l i r l if e l it: l a t i: 1 1 0: lilelnidettithiblecYltl,lr M r .t roo ps 1 o:i t J I i t I I :e 14 1 1. 112 - 0 1 I n o 1 Dll2eo - of Om, Cremes). I received dispate a l i re j s a fr n ru i t ca te l i n lo t n i e je l Arthur relative to Col, Bradley's arrest, anti I forwarded that dispatch to England. I d on ' t know on what day I received Col. Arthur's dispatch, but the date of my answer was the 4th of July 1820, • . seer litithert Taylor examined by Mr. °untie:T-1 , am M ilitar y Segrete4 l ohisi4tiyal :Highness the: Commander-in- Chief. 1 receiveti'diepatches from General Walker inclosng dispatches from Col, Anion. 1 laid those dispatches before his loyal Iliglinerm: . I have. heard Col. Arthur's appointment as Commandant of Ilona t teirs mot, and I tun of opinion dint that appointment was vacated by the reduction of the York Clias seurs. 1 don't think Col. Arthur Ought to have given up the command to any person without haying been first superseded • by the Commander-in-Chief to. Jamaica, or by his Majesty. Cross-examined by Mr. Ilitotrottaat —General Fuller could not grant such an appointment to any one but a military luau, A ball pay Officer Is not liable to it Court Martial unless be holds brevet rank. The Comm:older-in-Chief at Jamaica might have sent an officer on 1141 f pay to assume the command at lion. Mimi", subject to the apyroval of hie Majesty. • Major Nods' deporistiorr was then put in, statingthat Col. Arthur acted as Superintendent et Honduras in 11118 end. up to 1820, at whi c h t i ni e deponent left Honduras. This deposition was in confirmation of Lieut. Vi'illis's testimony, and further , stated, that after die plaintiff had been put undecan arrest by Colonel Arthur's orders, he culled out to) an officer of tke 2,1 West Ladle Regiment, who in 'obedience to 'defendant's order wi l e going to the meeting, and said; th a t he (plaintiff) was Com. mand a nt, and therefine the , only person, who could give per. mission to any officer to leave his. barracks t and that this de. portent, at the earliest opportunity after Col. Bradley's arrest, was the bearer of dispatches to the Cotnminder-in-Chief at Jamaica, stating what had occurred at Honduras.. It was athnitteti by Mr. BROUGHAM that there was not a sufficient number of officer* at Honduras to constitute a Court- Martial for the trial of Colonel Bradley. ' . Mr. Ito otioetast, in reply, contended, that the evidence f or , '' the defendant established a b etter case , f or t h e pla i nt i ff than ' had made ont for himself. The Jury muse he setlittiedt before they could find a verdict for the tlefendend that:Omer:l l Fuller loud, without havinte esty or the Commander. n.Chiete euthority ' i'i to 1 .4.. e a military com bat what tliey stated was merely of , din-defendant Aoiexer l'ecenti on half prey. The .Ittry had Wird the boiniong cise military 9111)114mi af te r haying been placed on half-pay o n rs l e u v i e t r o ttl a inilitery toe ::: mu tter ofopinion; end the Jury: were not bound by ii , en d the , habits of Military men,. he would ri g h t tray m t u l K ie t t b t e le ' c r i o ac r ice :i i ; s ne l l i i iv d i i n e l i( i r i e t r t t :) l l s eg as g upon an" i ll 4 1 r eg h l e a fi t il i n t of any appointment opinions of', mosierate value. He contended, that as a hell-pay officer was not for dbi. obedience of °Mere h e w to military law, he was note military man ; and 414 it had been admitted that General Fuller could only gt VC the appointment to a military man, the defendant being upon half pay wits not eligible' to that initotintinent, unlens lie obutined an appointment under the Hoye' mignonanuel. 'Even admittiug that teen. Feller had given an typoinuneut to Col. Arthur, he contended that upon the face of the appointment "io command such of hie? AlajbstyN•subjects in Honduras arniell and to he enneil,", it .verre clear that General Faller never intended to d give , th e command of the King's troops to Colon e l Arthur, an that this appointment was merely an appointment to commend the militia or tlia . Colony. The Leerned Counsel then contended that; e ven Admitting the defendant bad power to arrest theept a i u ,,K 4 9,4 was ion tilV latter count en t i t l e d - to their verdict', h e e a ucet l e d e f6itrot tvia kopt him longer in confinement than wait lieeegSaTry: Having made these obgerva. tions he should sit down aatislied that the Jury would by their verdict mark their Renee of the treatment., experienced by 'a ''fiiitlifttl, liiihniratile, and nierltorious Officer. • .. Illel.etittiditt e' in inimining op limit, there were two gees thine for the bonskititetion et' the Jury—flreq liad.tha &tend liiitientihotiir Id pereit the plaintiff r affil 'reeenndly,' if lie lied authority, did he keel/ hilit Under arrest fur a longer period than was necessary P. If the lcfendiult had authority to arrest the ' plaintiff, there could be no doubt that the defendant was jus tified in doing so by the conduct of the plaintiff, in refining to attend to 'a general order issued by the defendant. The de fendant relied upon -the commission given to him by General Fuller • but it was rather Unfortuna te th at thi s comm i ss i on was on ly "to command his 'Majesty's subjects armed and to be armed." His Lordship here read the evidence of the several military gentlemen who were examined on the trial. Having- heard all the evidence, he thought it best for the plaintiff to state to the Jury, that in point of law the de fendant was the superior military officer at Honduras, and therefore 'entitled to • their verdth on that ground. If he were wrong in his view of the law, the plaintiff had the means of correcting this error. Next came the question, did the defendant .take steps as soon as possible to bring the plainti ff to a Court. Marti a l ? it WAS i n evi dence that the defendant had sent a dispatch. to head.quarters within a fortnight after the occurrence. lie was of opinion that unless it was shewn that the defendant had an earlier op. portunity of sendin g off dispatches to Jamaica, ,it wou ld b e too much to charge h im with negligence. Then came the third • tines' ion—Ought not the defendant upon receipt of th e l e t ter of sir Ilerbert Taylor . , importing that his Royal 111)0116mi had re-, commended to his Majesty to dismiss the phinitiff from the' service, to have immediately liberated the. plaintiff front all re. - strain t, he (plaintiff') having then ceased to be a military itato These two latter questions were for the consideration of Oil who he had no doubt would do what justice required in what he called this unfortunate affair between two military men, whose • honour and' integrity remained unianleaChed. The Jury having deliberated for a few moments, found a ver dict for the plaintiff up o n the c ounts charging t hei defendant with having kept the plaintiff under arrest for an unnecessary length of time—Damages 1001. His Royal Highness the Duke of York and Earl Bathurst were in Court, but they were not called upon to give evidence. • The cause occupied the Court from nine until half-past five o'clock. M 4. 1 ) .1 It li. 31ARY•LA-BOXR.—Yestertlay, at one o'clock, this Gentle man presented himself before the presiding Magistrates, Wm. Hon me and EDMUND 010F/131f, Eattrs. and Lord o MT• rout), who was attracted to the Office in consequence of tts being the day appointed for the final hearing of the matter so long at issue between Mr. Parkins and the Parochial Officers Of Mary-la-bone. • On the case being called on, 11r. LLOYD, Solicitor to the parish, presented himself, and read the order of affiliati o n ma d e at the Quarter Sessions on the 2d of August, 11122, confirming that made at this office some tune before. 'This order merely contained the usual averments of the award . Of 4s. per week, and the expences, the whole of which the defendant was to pay. The order or summons aver red a debt of 71. 164. upon the order. Mr. Garr err it then said, that as the complaint was that such a sum wag due, the , necessary proof must be adduced. Mr. 11PNaughton, one of the overseers of the Parish, being then sworn and examined by Mr. I,lawn, said he made the complaint, and the amount due to the churchwardens and over seers, on the order of a child nffiled by Hannah White against Mr. J. W. Parkins, was 71. les. He came there to claim thst sum. The order was signed by Mr. Rawlinsan and Mr. Griffith. A long and irrelevant cross-examination then ensued, at the close of which Mr. Parkins addressed the Bench, condemning them for what they had done in this case. The coterie of the parish had published him in every shape to the world. He then declared that a man named IV►ckstead was the father of the child, and so convinced was he of the fraud attempted to be imposed on him, that he would not make himself a willing agent to any .thing of the kind, and therefore would not enter into any compromise, but desired the Magistrates to do as they thought*. • MI:. (Ittirmu.—Don't be rash, Sir; 1 have but to commit you, if the money be not instantly paid. lam sitting here to exercise equal justice to all men. Mr. Parkins.—l am an advocate for the exercise of equal justice, Sir, therefore do as you think proper. Guirrtm—Undouhtedly. Sir, so I will; and as I never make any distinctions, 801 p this case I do my duty w i t h. out respect to persons or yank*, and there Cure Commit you to the'fliange of Correctiiin tin. three months. I have now di.. Posed of this case, and have ddr.e my'cluty. - Mr. Parkins:--Very' well; Sir, if you want the money, you must take the meanctlie law allows you. Let me see your war rant of committal. Mr. Parking then told the parish officers that he would indict them all for a conspiracy, and turning to the Rev. Mr. Ben 'food, one of the Curates, said, "Are you Parson ? if 'you have any thing to do with, these, 1 shall include you- in the provecatinn:" Theoffice was crowded to 'excess. On the warranybeing made out it was placed into the has.ds of Mr. Parkins: fOr per mull, and he having done so, went into the Clerk's office and paid the Chief Clerk, Mr. 'Mallen, the into demanded, 7/. lds. with 6s. Gd. costs, and then left the office. It A I W "Y. PROJECTED RA I LWA Y FROM NEWCASTLE- UPON.TYNE TO CAIiLIS-1.1-1:: A letter from Newcastle-upon-Tyne says, al though it has not been found practicable hitherto to cut a canal across the country t(i there is every reason to believe now that a Rail svny will 'shortly be este blislied,'n, a meeting of the,, principal Landowners of the County of Northumberland will he held during the ap proaching Assizes, (in the middle of the emitting month, A ugest,) to take that very iinpurtant matter into consideration. And from the senti ments is Lich seem so generally to prevail, there can he little doubt of the measure being carried into effect. It is .very Obvious that a Railway through such an important tract of country . must be highly beneficial in a commercial point of view, and niti , t parliculnrly tend to advance the interests both of Newcastle-upon-Tyne Hod Carlisle. We submit the following extract from a fetter MI the subject, addressed to Sir JAMES G tc.titam,of iiirkstall,l art. by that able Englineer, W I T,1.1 AM CIIA PM A Nti Esq. who was originally 'employed still' Mr.,J ES , OP 'to survey the line of F country for. an intend.ed Cann), 28 years ago " The original line laid out by use in 17913, for a Canal from Newcastle to Carlisle, (with such deviations as circumstances may require) is pecularly advantageo us f or a Railway convey ins articles both ways, as it rims for 31 miles on a level, an d the rematning'distanct to the basin at Carlisle is 33i miles, in which course . it passes within a short diatance of the Earl of Carlisle's Collieries, both in Cumberland, and those leased in Northumberland, and would in general be along, or near to the formerly-designed line of Liana!, so far as consistent with leng levels, either real or .approxintatt, between.the summit and ,baso of the inclined planes,'which would be substituted for locks, and not more frequently occurring than the circumstances of the ground might require. Under this system, which ever course one line of carriage predominated materially in weight, the. inclined . planes In that direction downwards would be self-acting ; as the leaden carriages_ would draw up the less heavy ascending ones, and In either case steam-engines at the head of .the inclined planes (which would be very few In deed) would overcome the preponderancy of the ascending line. The whOle.'transit both ways could he 'effected without the aid of horses t nnd experience in the vicinity of the Tyne and Wear 'hair proved, that by due arrangement, unnecessary. to discuss at present, trains of heavy loaders waggons, each con taining 113 cwt. are moved at the rate of six or seven miles an hour; therefore, goods leaden either at Newcastle, or from the Carlisle Basin in the morning, may arrive at the opposite ex.. tretnity oaths same day, and not only the usual article of con veyance., but passengers between the extremes, and country people, with the prodrice of their farms to and front market, would derive essential advantage, and add to the revenue of the Subscribers to this public and national work of virtually uniting the two seas, .by means of a simple and unexpensive mode of conveyance of the products of the Wert indica and freiand, from the Basin at Carlisle,' and the imports from the Bank,: Gri•oncinti, and Holland, front the river Tyne, where they are imported at lower freights than most other parts of the kingdom, be6tise ofilie exports front Newcastle, far exceeding Inettnisotis, and consequently affording outward freights to all vessels that may enter the river," . . , PUICK or !gloms I•u ta (tank Stock 3 per Cent. Red. ...... 922 3 per Cent.. Conm 34 per Cent Did. 4 per Cent. 100 in New I 05g Mak Long Ann.— 22 I 4-Ifith Imp. 3.pK,CentA. Indio mock • 2854 4 Ditto Bond. Ctss /24. south Iseit Swek. Pit tt: vs OF rojtEms Fl A Ittorittli 1414, 5 per Cl. 934 Scrip ... lids, ti per cc. Tii 8 (,:tylambint , ti per et.... Scrip a 4i dbl. Danish, 5 percent. Ureek Scrip Mexican liontlt, Nenpolit2ol, b pur cent. Peruvian illinag Scrip New, 5 pv r • FO It El * I . I flollw - 1 Yrauks wilt! IvATiot Itlorni!)g, 17,viitiAte% ate! ,ti ! OAT AT ONE 0-CLOVE. Old Annuities — New Ditto Ex. Bills:10001. 2d. Diuo lid. -- Ditto 5001.11. 4/ 4$ Ditto 'Ad. Ditto Small :ld. Ditto Lid. — Ditto Commerctil —• Bank for Act. .. •-• India Jim Acct. -- Cons. for Account... 91i 21 2 NOS, AT ONE O'CLOIK! Portuguese Bonds — Scrip ............ BritsSian, 5 per ct. ......... Ditto New .. Spanish 11121,.6 per ct. 210 1823. ditto Buenos Ayres .......... Alliance Shares .......... Palladium Equitable Luau Manchester- Ditto French Ren ter .......••w Scrip ............... Wit I)v r. 1 Li hbou I A turricet 0 Gut:met'. aut { Vor jilt I Dti TI 1-M1);( AV" • U Ili N 1 i i .4 1,71 N . SOLEiI Qti I % IM:EUE raLsum AUDLLT LOND()N, JULY 3!, istl. We have received the Park Papers of l ifv d " nextlay, the Eloile of Thursday, and Oproal i and Dutch Paper's to a late (hitt., copious extra ct ' from the whole of uhich will be found in oat preceding golitintis. The Moniteur contains intelligence fro" Trieste,- to- the I lth instant, which, thou4 ll it may be considered as having been written under rather'hostile influence and feelings, is highly 111 " vourable to the cause of Greece. The great ell' tory gained •by OoysSaus over ten thousand Turks, nt the pass of the Thermopylte, It " n " firmed ; and though the enemy's' loss it 11 ' 4 stated, yet it appears that he was totally fouti ti l ' nod that Dritvi INCH PM:11.1 has el:llSetiliPiti ll been induced to act on the defensive, and to fine himself to efforts for repairing his disalterl! The subinimion of CoLocoTitoxt is also c o n'Oistr 4 • by. these acc oun t s , as i s the gratifyipg ;stuf:l Llv portant fact that no expedition has .bees' Wi t from' Egypt, though the CAli - Ktii'PiCid awaltfng the arrival of the Egyptian sqUatiro° with. reinforcements Nlytilene, and is there suffering the season for active operations f° elapse in unprofitable nod dishonouiable itoo tivity. The Greek marine, we trust, will be able to reach him in his anchorage, and by Die other of those brilliant exploits for which 1 14 Greek fire-ships have already been so disti"• guished, give the List blow to the naval power °f 'the Porte. Pallas, Lepanto, and other fortreoM still hold out ; but it k admitte d that the Gre eks are making great proparations to push their siege with vigour, anti «e therefore hope t hat they will fall into those hands to which their custody of right belongs, before the close of 11 ` ° campaign. The Constitationnel contains a well-written s r ' tick on the impolicy of France continuing to hold any connection with the Holy,A11 110 "' and on the advantage, in point of pocA, considerati on , w hi c h Great Britain h as 0. ready acquired by disengaging herself fo r° l the e m b arrassments in which Constitnti"ii Governments cannot .fail to be entangled taking part i n E ur O pean Congresses. 1.1 1" p ot , difficult to s ee th at t h e G rand Allies, if the.' persist in their attempt to establish a civil d es ' potlsm over independ en t nat i ons, will pri)d„,e re-action (which basin fact already coition/aced): that may b e as f atal to their projects as demonstration was to the domination of 13"14 :1 ' PARTE. En g l an d a l one has the power) ic, up h°Lip : she wis e ly permits it to slamber, of lightin g " flame throughout the Continent of Europe 113 , would sp ee dil y d estroy the puny system o f " federa c y w hi c h at present excites ever?' where 5„ much uneasiness a n d %I agitation, and otti' l ► " lnoi the intermeddlers H ith the interne I affsirs of "('', r ........ States to direct all their cures to the Pre serv;P lion of th e i r own Crowns. Even the ivurfjai des Dibuts, an lately the complaisant orl;3 , of the French Ministry, now treats as 'widow those who dreatn Of causing the tide, of frced°ll" to run back, and, citin g th e conse quences resulted from the single resistance of IlA mv1)1: to au act o f oppression, declares that the N ll) -f ,' Cation of a f ew F rench Peers and Deput i es w ": 1 1 1,1 at any time be f oun d sufficient to insure OW . i %traction of th e enetris of the French c hatte r , Would the Holy Allia nce venture to send a !!' l l, - , tired thou san d b ayonets into France, wititjtof view of putting . an 4-.1111 10 its (11S . Sen5101151 enilbilllg the French Monarch " to giVe i ta li 111 subjects %%hid! they °MY 7 ° front him?" - There is 'am ar ti c l e f r o m Ode,sa, stathig its ii Lord STRANoronn had announced to thg :;