The British Press; or, Morning Literary Advertiser.
London, England, 1824-06-12 00:00:00

NEW SOUTH WALES SIIIP NEWS.

ARRIVALS AT PORT JACKSON. 1823.
Ctanher 211th.—The Berwick, Jeffigy, fr-in Port 1114,/uarrie,
with let load nt VAS.
hOTCRIber 'Majesty's ship Tees, Captain Cue, from
C.iylon, and to remain at New south Wales. The Albion, Best,
tram London.
I%lth.—The Elizabeth, Barre, from Port Stephens, with cedar.
:sth.—The Joyner, Park. from London.
f:AILINGS IROS PORT JACKSON, 1823.
Oetober3B.h.-I'he Commodore Hayes, 31oncrie8, for Calcutta.
WWI troops.
November 17th.—The Woodlark, Mown, for Newcastle.
27th.--The Arri, Steele, for bingnpore sod Calcutta.
2ttli.—The Mariner, Herbert. for llobwrt-town am. Ir.dia.
Hember 2d—The John Bull, Loden, for Liverpool, with
c -Aar and Ml.
The Ocean, Harrison; Elisabeth, Dame; Competitor, Ascough ;
end the Berwick. Jelizry, were to sail from Port Jackson, with a
caroler London, in the mouth of January.

14TAilE or TOE COUNTRY.—The provireal jennies.
reoeived this morning, do not contain Cue &tail of a ringi,.
outrago—Drair iot of Tuesday.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, IVEsTaatwerra, JVXE U.

Before the Loitt) CHIEF JUSTICE and d Spacial'Jury.

AINSTEV v. LADD. I
Mr. (it' astr.r stated, that this was an action brought by tne
Captain's cook, on bawd the file Castle, East Indianian, against
the chief mate, for a gross and aggravated assault. The Learned I,
Dentleinan detailed the circumstances, which the following wit-
nesses were called to motet—
' Role, a seaman on board, said the ship lay in the river at
Canton, on the 24th of December last. The plaintiff was cap-
tain's cook, the defendant chief-mat plaintiff went over the
bow to clear one of the scuppers, which had been s.opped up. In I
doing this he accidentally. fell overboard. The ('aptain was on
shore. The plaintiff got into the boat and then on hoard. The
defendant was on the deck, and addressed the plaintiff in most
abusive lanknutge, and asked what made him jump. overboard ? •
The witness had seen that the defendant had rot jumped, but
fallen accidentally overboard. The plaintiff had gone to clear the
galley scupper, which had become nail. Ile stated to the de-
fenclint that he had by mistake laid hold of a slack rape and fallen
overboard. The defendant said he was a liar, and ordered him
aft. He then directed 'the boiuswain to take a rope's-en d and give I
him ati good starting. The boatswain took a gasket (platted
rope) about a fathom and a half long, and beat the plaintiff with
it as loot as be could stand over him. He hit him as hard
as he could. The plaintiff had nothing on but his shirt. The
defendant nett coiled Roche, the boatswain's.mate, and onlered I
him to start t':e plaintiff. Roche proceeded to beat hint until he
fell down on the desk apparently serselrsa. The defendant called
the two quarter-masters, and ovtiered them to hold nip the plain-
-1 tiff Ile at the same time sent for the surgeon's mate, aid directed
him to stand by anti see the plaintiff started aa long as he could
bear it, and to chew him no lenity. The plaintiff was beateu
till he again fell senseless on the deck. Witness had seen flog-
ging on board a man of war. lle thought starting a much severer

punishment.
Cross-examined by Mr. SCARI.X7T—IIe never heard the plain-
tirsay that he had been started before. The plaintiff had his
shirt on. When a man was flagged, he was stripped and Hogged
with a cat-o'-nine-tails. There was blood on the plaintiff's shirt.
Witness could not say whether the plaintiff was very ill after the
starting, or whether lie cooked the Captain's dinner the next day.
After he had received his punishment lie was crying. He was
not drunk. He had not been oa board the ship in former
voyages.
Thomas Pearce was an able seaman on board the Kcllie Castle
be was captain of the forecastle on the 24:11 of December last ; he
saw the plaintiff come on the forecastle with a broom in is hand,
and get over the haw to clear the scupper Mr. Roche, hio boat-
swain's mate, t i • rvw a pail of water over hint. which frightened him
be caught bold of the foreatwinging-boost.guide to save himself,
but that being slack he fell ormbcard.
(This witness described the punishment exactly the same as the
pteeeding witness, and said he would rather twelve threedoxen than
the punishment inflicted on the plaintiff]
11. Neilson, quarter-master, remembered Ainsley being started.
Ile gave a similar account of the transaction.
Crass-exatnined—The plaintiff was not drunk his shirt was
cut, and some blood came through ; the man did his work, and did
not lay.by after the punishment.
Robert Brown, the other quarter-master, gave similar evidence.
The defendant heard the plaintiff complaining alter the starting
was over, and asked him if lie had not had enough, adding, if he
had not he might mine back for more, and he would see his back-
bone.
Henry Stevens and Peter Smith spoke to the plsintirs not being
drunk, acrd the unprecvdented sevetity of the puaishinent.
Mr. SC•ILLTT addressed the Jury. It was evident that Mr.
Ladd had not acted from any ill-will or malice. lie had be-
lieved that Ainsley had jumped overboard contrary_ to express
and positive orders. It was proved that he bad fallen acculen-
telly, but that had not been made known to the defendant. It was
most evident, too, that the plaintiff appeared to be in liquor, whe-
ther he had drunk spirits or had exhibited those symptoms from
fright. It was a case in which the very lowest damages would be
=lndent.
The LORD CHIEF JVSTICE summed up. The observations
for the defendant were entitled to some consideration. The
plaintiff had been but two days ma board, and there could have
haled no malice or will. In cases where the feelings were sp-
pe to. he always directed the Jury to guard against giving ex-
cessive damages.
The Jury deliberated for *considerable time in the box, and
found for the plaintiff—Damages. WI.