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London, England, 1825-12-24 00:00:00

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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 lot.
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 leavesno alternative. Sot only is it the right
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 respectful. 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 pages 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 mustered,
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. The 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 other 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 for 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 log7book, 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 other Officers. to the 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. Harmarnid was brought 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 present 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 order 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. Hannafords
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 plaintiff's attendance
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 deck to be oried 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 LIZILPr
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 iet(rpo,,,,,
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 wii, 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