The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-22 00:00:00

I.

s_-- ___ —___.— --n--..._ ._ _ = . -..- . . being exacted at St. Jago), weathers:set why 13 cabin passengers.' The Celt tee.Jusrect—What man veal become the weer of a
notified that to Mr. Nesbitt. This was in the ordinary course of i who have pie a liberel visage-money. mutt console themselves ship if he is to be subjected to *aides of this kind ?
to become sob-1
busbies, and occurred abut twelve &deck. Witness stated whit ten rellection, that, for about 10,0e0 miles more they must I . Ale BROueltals-1 don't ay they ere everyday
that the usual course was. when there was any iecorreeness in pinch their appetite., to please whom, and for whose pecuniary in. ject to such inquiries; but I conceive in this case I have a right to
these pewees, to mentiou it to the Person aPelying, and request team, I lenve you to guess. At St. Jago vie parboiled two bun . pursue this examination.
such person to write to the Governor on the subset. locks and six small plan, the farmer of the sin of an English l Witness proceeeed--lie brought home with him a great deal of '
The witness was not cm's-examined. !niece ; they were killed and salted, but the extreme heat prevented .
the salt provisions from Van Dieman's Land.
eitnelth Kaye was for thirty-six rites Solicitor to the Bank. He icehavieg the desired effort: the meat was ultimately given to the l . Reeexamined—tenthees has served nine years as a Midshipman
um me Governor of the Bank, and suggested that the better course pigs. 'I hese pigs were all the fresh provisions we had for eighteen In his Majesty's navy. There was full as matt provision en
I
would be to write directly to Sir le. Sutton, as to the authenticity passengers, weo sat tiowu to dinner, excessive of several children. board as was necessary. St. Jago
was a fit place to procure prom-
of the signature. Mr. 51•Dougal called at liis office before three i l'he conduce of the steward Was O,Ost abominable, particularly ' sifts. The unsettled state of the Brazils nimbi have caused The
o'clock; he told him that he had experienced much inconvenience towards the twins : be gave and withheld just what he pleased : had he put in there, to be detained for several weeks.
lointee course adopted by the Barak. I
k. Witness stated that some he tined to the pt:ssettgers with the greatest disrespect, and his ! Thomas Motley is tidenurveyor of the Customs at Portsmouth.
dieglets were entertained as to the genuineness of the signature, anti common expressions would have disgusted a Hottentot. There: It is his day, in eases where vessel, take passengers to America or
HIM it was quite right the Dank should be perfectly satisfied on was an apparent street between the Captain and him. I now come' the British Colonies, to aseertain that the passengers agree with the
that score before they raved a power of attorney for so large an to one ',articular instance of cruelty, inflicted on a young geode- I mnster-anll, ad that there is a sufficiency of salt and provisions.
affront. He arrittid it, and said the be.t course would be to man, under the eyes Ind wi:h the assistance of the Captain. This' Ile examined the Minerva; she was properly provisioned for the
melee to Sir Rirtend. I corralled rich him, and li:Mired the young man was a harmless creature, weak in nerve, and rouse- I voyage. I mustered the passengers, and told them what I came
address of Sir Iticeard Sutton, which witness obtained from him, quently more deserving the rrotectiee of the neater. Under the there for—that if they had any suspicions as to the vanity or qua-
and Mete it down on a slip of papereet Sutthroke, near Lincoln." line, where the heat sometimes was excessive, they would shut 1 lity of the water or provisions, they were to sigeitt to me, and
Witness asked him when an answer weld(' be expected, and Mr. his port-hole, which he had opened for the admission of air •at 1 I would satisfy them before the vessel sailed from t port. They
M'Dounal replied, "On Friday morning." He said he had offered another time they would lower a board down under it, desalta ' stated they were perfectly satisfied both with the quality and guao-
his own indemnity to the Bank.. Witness replied the sum was too bucket of water on it., which ran into his bed ; some of the pas.' tity of the provisions.
large, and Mr. 111`Dougal acqniesced in the justice of the re- Rangers emitted in this ; the young man came upon deck in his : Croe.s-examined by Mr. M'ILDE.--The ship was perfectly equal
mark. He then accompanied me to the Bank, end I gave the ad- tut implore the protectien of the Catain ; but he, with the 'to the voyage. lie is not aleaTe that the vessel sas much less
diem to Mr. Dawes. gr ?I:parka:awe, tcld him, when lie pointed out who it was, ',than the average of vessels going to Van Dietuan's Land. She was
Corse-examined.-11r. M•Dougal had not applied to him for to "tent them with the same sauce," anti in the interim, who 1 tearly 2MI tons. My duty is confined to the salt provisions. water, .
permission to see the power of attorney for eon 0001. He might the young man was almost in a state of nudity. I saw him (the !and bread. It is usual (he believetn for ships to touch at the Cape
have applied by letter to the house with which he was so long con. Captain) assist the second mate to haul • bucket of water to the !or Rio Janeiro.
acted. main-yard-Ann, and while the youth was preferring his complaint I Re-examined.—lle knows that the number of passengers is re-
James Nesbitt is inspector of powers of attorney. Mr. Boyde at (what he thought) the fountain-head, the bucket was capsized ; gulated by an Act of Parliament.
nande more than one or two applications to him, connected with that and the water fell upon him. The greaten consolation se had on I Samuel I nmite Garrett is a ship agent at Portsmouth :he m
pe wet of attorney (the power in mustiest* board was, that in cases of great danger, herd gales of wind, ite.,, members the Minerva, and procured for her fresh provisions ac-
Cross-namined.-1 did not stop this power of attorney. we hail a chieemate, whose supetior seamanship made him re.; cording to the Captain's daemon. According to my observation,
Mr. SCAWLLTT replied, that it he thought this case important opened by all, and whose tranbtni will at all times command re. said the witness, the Roth provision on board was abundant, and
in the commencement, he owned he felt it much more so from the spat ; his name is Reed. His seamanlike conduct, and his civil the passengers were perfectly satisfied. To the butcher for fresh
grounds open which the Attorney-Genteel but treed the defence treatment of stingers, has tamed him out of the ship ; this the i > I paid 401., an the poulterer 301. There were beside, sheep,
of the Bank Directors. It his reasonings were worth any thing, it Captain has effected std has left an experienced British sailor in rigs, and live poultry. •
completely set aside and me-noted the practice upon which, for the a foreign country, tlxteen ur sixteen thousand miles from his native Cross-examined by Mr. BaowoHes.--The 3linerea stopped at
last hundred years, the butsioess of this City had been carried on. land. Portsmouth about a fortnight or three weeks.
It was the first time he. hen herd, even in a lase debate, that the • The first right we entered the channel that leads to Hobart This was the plainties case.
Bank Dinneen were craters fee the public. They were no niece Town the ship was hoveeo ; ore hand. who hod charge, fell Mr. Deouetheanstroce.ce.ei to address the Jury on the part of
tresses fee the public than the odour. of the Jury. How hail asleeps and the ship drifted.on Oe melts t several passengers went the defendants. He hoped the Jury would permit hint to say at
dime wise and discreet parsonages acted in this transaction ? in. upon deck, when, feeling metteMing teach the bottom, they called the outset, and that his Lordship would not take the assertion'
deed the mat lireposteneas and fidiettftels course had in his mild on Me Reed, who imm:xliateiy came up, and by hie skilful me. amiss, that the Learned Cement for the plaintiff ready 'unmade,.
been adopted by these gunrdians of the politic interest—that is, of regement got her off. The owners ought to know of this, in jus- stood the intention of the supposed libel, if they imagined it ever
:heir own body. A power of attorney, which they conceive to be the to poor Reed, who has been hardly used. " meant to say that there were at provisions on board the vessel; 1
a forged _power, was tendered to them by the arch-forger himself, The Learnad Gentleman then proceeded to comment upon vs. that there was any want of sweh provisions as had been related to
Mr. 111. letral ! They Issue no warrant--they lay no detention rians passages contained in this communication. He should con- by the respectable officer nom Portsmouth, whose duty was con.
z dTe:3 W his gentleman I lno ! They actually require from him the tradiet that assertion which stated that St. Jag° was an unfit place tined solely--lest, to the examination of the qmactity of passenger
sif the person whose name was attached to the power of at- mecum provisions. He should. on the contrary, show that it nit board, to see that the number prescribed by the Act of Pliz.l
teeney, and that eddress he gave, and stated that Sir R. Sutton's was oneof the best places foe such e purpose. As to Rio Janeiro, 'lament was not exceeded 1 and, secondly, to take a cursory in.
'residence was in a different el se from that stated in the power of it would have been a considerable deviation from the ordinary . spection of what provisions were on board, and see, as far as he
Was any thing similar to this lolly to be ennui tn time corm. and at that season of the rear the Cape of Good !fore • could ascertain, that there was sufficient for that number of pas-
IL=
inp of any public hotly ? " Sir R.Sotton is new residing at would have been a most dangetous place to touch at for provisions. stingers. He had to ascertain that the mere necessaries—the " in-
broke-1, whom you sunnet of haino forged this power of et. The port dent were just es great at one place ante other. •• 1 leave disposables of existence." as thalettet termed them--a somewhat
toraity, am leaving town by the notch this evening. Do you write Ell to Pleas for whose benefit" must clearly refer to the owners, awkward and clumsy phrase, but not on that account libellous—
to Sudhroke, and you will have an answer on Friday.' Why, Thsse were the facet which they proposed o i the other side e, :es. were on hard the vessel, Necomplaint was made in any part of
would it not occur to any reasonable mind, and ehiefly to the shrewd. Oft'. With respect to the remarks in which the writer indulged, as the iettet, that the vessel did not possess these necessaries; but
Sts of a Bank of Lninand soli6tor, that this very person would to the character o, the leaptain end the Steeard, he could no: ask there were comforts far short of luxuries which a passenger was
dies have an opportunity of going down to Sltdhrohe, and replying damages for try statement on that subject, since this action was emitted to expect, who bad paid so handsomely as 70/. for a four
Ii the' name of Sir Richard coition to the letter which they deter- brought merely by the owner of the vessel. With respect to the months' voyage, and of the absence of these the writer complain-
age' sel upon writing? 80 that. for their own protection, theism°. illusion mole to the treatment of the young man, the Captain had od t and the only evidence brought forward to-day--the testimony
site and combined wiettont of the Bank Dinsetom took preciedy the no connection with it. There was a• young tan, a passenger, on of the Captain—did not dispose of that compkint. lie really
soca imperfect course for their con protection. But the Bank Di- boatel that versa. The Gentlemen of the Jury knew that, on long must. in the first instance, request t
he' attention of the Jury to the
hardships with which tbe defendant ied to contend. They had
vectors were present—they were deliberating on the crime—the sup- voyages, it was net unusual to select one of the passengers fbr the
posed offence of 31'DougaL and he asks to see the Governor, or purpose of quiz,:in„..•• him, subjecting him to personal inconvenience, published a useful piece of advice—they had given infonhation of
the Directors, then in the parlour. They refuse to admit him ! and otherwise inflicting what were called practical firasontrirs on a valuable nature (derived flea one who had made this voyage,
M hat, were they alarmed ? Were they afraid that as he had forged him. Such an individual was of course not wanting in the Sit- and experienced some of its difficulties) to those who were voyage,
power of attorney, so he would have succeeded in blowing up nerva t but, so far from the Captain assisting ip such jokes, he did posed to emigrate; they 'me given this information for the parr.
the Back ? He might have have exclaimed— every thing to relieve the sufferer front the difficulties in which he Pete of preventing others front getting into the same serape
A damn psi foci in me converthe tele,
was occasionally placed. In short, the young man alluded to in with the writer of the letter—foe the purpose of cautioning those
Et tennis mew frau*. ,
'he letter was the bat' of the company. , ''pow the pon who undertook such a voyage without sufficient calculation.
fie, the forger, with all his imperfections on his had. was actually line it was usual, as the Jury knew to pay tribute to an old sailor The examination of the Custom-house officers at .Ponsmouth was
soliciting admission to the little band then anxiously engaged in a called Davy Jones. The victim to Davy it was usual to shave, with conducted, he made no doubt, with all that intelligence which be-
deliberation, rot on the fate of the teener, but on the genuineness more or less inconvenience ; but no one ever Yet imagined that the !urged to the acute race of Custom-house officers; but who were
of SE Richard Sutton's signature. He contended, that in every owners of ships were justly chargeable with these inconveniences. the persons whom he had in his muster-roll ? For anything that
Sow of this case, the plaintiff' was clearly entitled to a verdict. It would be just as fair, he contended, to charge then with the suf- 'Welded to-day they had never seen the ocean before ; they em-
• The• Carter et: site summed up the the evidence, rind the ferings of those passengers, who, for the first time, had emoted the barked from Aberdeen, or wherever the Minerva too her de.
Jury 'returned a verdict for tne plaintiff—Damages, MI. 7s. line, as it was to make the Captain responsible for the joke prac. Parterre from Scotland. What could they know of the quality of
LIBEL. teed upon the young man alluded tole. the letter. He would leave ovisions, which stensicknees perhaps prevented them from tast-
eilltlOW AOAIXST 'CARLTON AND °TITERS. it to his Learned Friend to prove the truth of that justiffeation fig? A ten days' voyage could make them but slightly ac-
. Mr. Fitenentex Ponces opened the pleadipees. He said which he bad put upon the record. ' Ile did not mean to say that quainted with the quality of the provisions • for really they knew
list Arthur Gibbon was the plaintiff, and John Wm. Carlton, the accommodations to be foiled on board this vessel were equal to no more of the voyage to Van Dieman's and, they could know
Mary Stanynonght, and Jonathan Duncan, were defendants. The those of an East India ship, for a passage in which 4001, was not no more of it, from the specimen of sailing they had already
melon was brought to recover compensation in damages for a libel infrequently demanded ; or to those of a West India ship, which achieved, dime of • prohlem of Algebra, aril some of them, he
published in The British Press newspaper. reffcting upon the took so much shorter a period in reaching her destination ; but he made no doubt, far lees. What did it signify what they could say
nonthict of the plaintiff, who, with his brother, since dead, wad contended that the Minerva was perfectly suited with every thing on the subject ? All dim they could say would amount merely to
eater of the ship Minerva. The defendant, Carlton, pleaded the that those settlers of Van Dieman's Land bad a right to expect ; this, that they were satisfied. Ile did not mean to contend
general issue. The other defendants pleaded, first, in detail, and that she was nor, as represented in the libel, almost destitute ofthe that there were not sufficient provisions on board; for of
secondly, that the facts stated were true. To the last plea the necessaries of life n• that she did not, for the sake of saving port tar'tha ere could be no doubt, when the Captain had enough
:planet' had replied that they were not true, and upon that issue dues, touch at St. nage ; and that he should prove the passengers of proviaMn to last him on his voyage home. The
was joined. were perfectly satisfied with their accommodation during the 'voyage. question was, whether there was a sufficient stock of whole-
', .Me. SEARLETT stated the case. The plaintiff was a merchant The question then remained, what damages was the plaintiff end. some provisions on board this vessel? If the Jury di.
leading at Aberdeen. The three defendants were connected in a ded to receive for sounjustifiable an attack upon his character. rected their attention to the letter, they would evidently per.
newspaper, called The British Press. Of that newspaper Carlton This was a question peculiarly for their consideration. The etive that part of it was written to ;entity public curiosity—that it
-ems the printer, StanynOught the publisher, and Mr. Duncan Jury would recollect that by te very pleadings the defendants referred to the appearance of the Colony, where the writer had so
the pntenietor—as least they respectively filled these departments Made this publication their own ; they scorned to resort to a confess recently arrived, and had therefore no incidental coIIDOORRISI with
4a that newspaper at the period when the libel, to which he should slots that they were mistaken—that they had published without due the plaintitnin the present action. The plainuff comps/sal that
.speedily call the attendees of the Jury; Was published. The de- rdiection that which they sine discovered wen, unfounded ; oo the his character was injured ;,,pnd was he very anxious falEtbil 'Jodi-
misdeed Carlton had pleaded the general issue, but with what contiary, they vindicated the publication, and if their vindication cation of that character 1-4 as be exceedingly solicits* sd.se
taint he was at a lo* to discover. Ile presumed it was not intended failed, the Jury, in estimating the damages, would take that failure up every speck that adhered it ? If he was, wily did he giet glee
no dispute the fact, that Canton was the printer of that newspaper into their consideration ; they would give this plaintiff such ea. us the delay we asked, in order that we might have an ml pain-
,shan the libel appeared. The action was brought for a libel of an maims as would compensate him for the injury that he might have nity of producing our witneases. The Jury had heard from the
satiamely injurious nature, st it regarded the character of the plain. sustained by a publication so deeply calculated to injure him. One Captain that all the passengers were left at the Colony, with the
'tiff; and the two other defendants, nothing alarmed at the ten- word more with respect to Reed, the first mate, to whom allusion exception of two, and they were disposed of by the misfortune
.daticy of the libel, had thought proper to enter a justification on the was made in that letter. He was actually inespable of performing of the Minerva The defendants were necessarily ignotant of the
.accord. The rteintifr was a joint pmprir:ir of the ship
.Minerva, his duty, and instead of giving the general niusfaciton stated in very existence of these men ; but there was $ party who knew of
:His brother, afore dead, was also in A visual 1322, a joint pro- that libel, he created by his conduct the general displeasure of the their existence, and that party was the plaintiff. Why bad they
.praetor in the same amen This action won--brought in con. passengers ; but it was utterly untrue that he was lett to provide not been called before the Jury to-day, to relieve the plaintiff's
• sequence of an attack made upon the diameter and integrity for himself a panne home from Van Dieman's Land ; on the con- case from the solitude in which the Captain's testimony—himself
.tut" the plaintiff, in his capacity as owner of the ship nlicerva. trail, he was °tiered by the Captain a passage havoc in another vet- a party to the action—left it ? Ha called it solitude ; tor, with
:The plaultift fitted out for Van Dieman's Land, in the sum- set, and he refused that offer; he preferred rather to remain at Van respect to the two other witnesses who appeared there to-day, they'
ores of 1022, a vessel called the Minerva ; that vessel sailed Diemen's Land, to Institute a suit for damages against the Captain. seemed to hate been produced for the fide purpose of riming that
.irt. the first instance from Leith to Portsmouth, and she took The result of that proceeding was tolerable evidence of the chase- they knew nothing af the facts at issue in cho ownices*. A verary
ills final dephrture from that port to the Place of her destination. ter of Reed ;he utterly failed in his action. With these observe- occurreue might happen, in which a person who suffered *hip-
: There were several passengers en board this vessel. Ile believed dons he left thiscase to the consideration oftheJury, perfectly saris- wreck, should have been put to great heard and jeopardy by the
eta the Minerva, if not the lest, was among the first of those ',es- lied they would pronounce their verdict for the plaintiff: ignorance of a party, who might afterwards make a charge of this
lads that had sailed from Scotland to that rising eulogy •it was Alaule attended from the Stamp Office, with • certified copy nature against him. For instance, this Pr
eisshiecked man, not so
- therefore an object of extreme importance to the plaintiff' that his of the uffidavite of the proprietor, printer, and publisher ofthe copy much as matter of right as in the discharge du, cautioned
-ivied should be well fitted out--that she should be well stored with fish Press newspaper. It appeared 'that John William Carlton was all who valued their safety at sea not to use the map oafsparticular
. eavisions, in order that the passengers should report favourably of the printer, Henry Stan
"nought thepublisher, and Jonathan Doran hydrogrsOcr—informed the public fiat in such a chart the rocks
that ---n- • • - the sole --- of that news"-- "• - - - were at 6id down, and that therefore - ' and immie-^•- - -

,tile voyage, and thus encourage , spirit so congenial to Siot-
:4lo4--the spirit of emigration. (A laugh.) The Jury would easily
=ive how such a favourable report would be likely to operate
those who were inclined to visit that new colony, and how
touch interested the plaintiff naturally was to procure the favour-
: iet)!ti opinion of the passengers. With this view, he had therefore
as additional anxiety to provide in the best manner for the accom-
4madation of the passengers, durinfc a voyage which usually occu-
:Ned from live to six months. 1 he sum required from a cabin
flmissenger for this voyage was seventy pounds, about one-third
4:41 what was demanded front a passenger going to the East
_:.lllldiert, though that voyage was match the same in point of
;ante. Therefore, a passenger upon such economical terms
bad not s right to expect precisely the same accommodation
Oiritli one who paid three times the sum for the passage to the East
o•fr:dies The luxuries of life were not to be expected ; but he under-
. &nod that when the Minerva sailed from Scotland she had on board
,An abundance of salt provisions; and to that Stock there was added,
before she s.iled front Portsmouth, a considerable quantity of live
Mock and fresh provisions. By a law recently etracted, a public
:akar was appointed by the Custom-house for the purpose of exa-
mining the quantity sad quality of the provisions taken on board a
vessel Dotted on such a voyage. He had stated, that at Portsmouth
?..ionsis live stock was taken on board. No one expected that live
:mock was to last daring the whole of a voyage. The Minerva,
4;ktimrever, touelcd an St. Jago, and at that period the live stuck was
-:apt entirely exhausted. They took in at that place additional live •
Mack, proceeded on their voyage, and at the termination of it, all
' :Mae passengers, with the exception of one, expressed their grati-
-.lade to the Captain for his conduct and attention during the voyage.
riA smtlernan, of the acme of Brown, was one of the passengers,
• :ad he it was who withheld such an acknowledgment from the
alessain. This Mr. Brown sailed from Leith with the Minerva,
.after they were at sea, the Captain discovered that he hod
:mangled certain printing blocks, which it was rot permitted by
i•ass act of the Legislature (into the policy of which he wax not then
s4aquiring) to remove from the country. The Captain insisted on
-.Mr. Brown's throwing this machinery overboard. Mr. Brown re-
• monstratci, but the blocks were ultimately burnt. He never for-
Ape/ that injury. Ile was the only one that expressed any diasatis-
-•amain with the Captain's conduct ; but whether he was the author
,:11.4allettee. tie (Mr. Roulet') knew not. The defendants had
t proper not to surrender the author of this libel, and in that
allimainaticn, perhaps, they acted not unfairly. The mischief was
: >yt in the writing. but in the publication of the libel. One could easily
!...yeffmstand why a gentleman, whose machinery had been burnt,
tailoeuld feel a little angry on the subject—should wish to vent his
dean on the author or this supposed injury. This was, perhaps,
lowdonable in such a sufferer, whether his affliction was real or
I. imaginary ; but the newspaper which, for profit, inserted in its
. eel ortms tne communication of this offended personage, really caused j
she if:pry, and its proprietors deserved to Stara for such a publics- I
. •tion. He should, having made these preliminary observations.
proceed to rigid to the Jury the libel in question. It was contained
la a letter pi reporting to he an account of what took place on board
. Me Minerva, And it was introduced in the following terms :
. •••I'Ve has • beau favoured with the following extract of a letter
from a gent' !oleo in Holum Town to his brother, a respectable
merchant in the city
• Hobart Town. November 7, 1822.
We arrived here in the Minerva, of Leith. Captain after
aapomp of eooterhing less than five months. Our voyage was I
ODO of such a nature, that I shall have reason to remember it all
Cjics days of my life ; and although it must remain (front the treat-
meat we received oo board) a stigma on the character of the captain
• Jed owners, still I beg you to understand, while you are perusing
..Me sequel, that 1 write this, not from any motives of malice, but
•. merely that by its publicity others may be iietetred from acting a
• .oi:tiller part. The Minerva was ill-found in every comfort of life,
when you take into considererien the length of the voyage.
' From Falmouth to St. Jago we found tolerably well, having
Me di provisions every other day, hut for any thing more than a
three weeks voyage she was wholly unprovided, except in the in-
- idepenaables of existence.
• The sea steak we laid in at Portsmouth were four sheep, six
pigs. and about four or five dozen of fowls, ninny of which died
fat want proper of food and attetalance, the corn provided For them
having been expended in a month. Si. Jago, the first and only
‘• come here, is ill suited- to supply a ship with
f.sonsfat we made Insad;i; that she owntrsoledmustilhave known. Had
of opt, we could at
•-41isit into flio Janeim or the t aPe
have rendered WIT ion voyage
place have found plenty to .d .
of set
he coast eration . . of port
mote agreeable ; but perhaps du of
&ages at either of the above places ( no ra any consequence

—.e proprietor _ oeat newspaper. Witness produced a copy of
the 1 'Wish Pent for August 6th (Wednesday), containing the im-
puted libel, which was read by Mr. Abbott.
John Nicholls—ls a ship-broker. Knows the plaintiff; believes
him to be the owner. Had transacted business with him as the,
owner. Knew his brother, William Gibbon. He died last year.
Believes he also was a part owner of the vessel. Has seen the
publication, and believes it to refer to Mr. Gibbon.
Cross-examined by Mr. BROUGUAN—It is about fifteen monad
siuce I saw Mr. Gibbon.
James Bell commanded the Minerva on her voyage to Via
Dieman's Land, in 11122. She sailed from Leith with her poiseb-
'rem, in all thirty-nine; some of whom were taken in at Portsmouth.
I'he cabin passage fare was 701. to Van Dieman's Land, and 70
guineas to bidney. We wcre about ten days coniing from Leith to
Portsmoutit. The Messrs. Gibbon were the only owners I ever
knew. We had abundance of stores. There was as much stock
nn board as the ship could possibly hold. In April we sailed from
Portsmouth, and through stress of weather we were compelled to
put in at Cornwall, where he took more provisions in. There were
ighteen cabin passengers, including three children. We touched.
'at Jagd. That is the direct course. I paid port dues there. The
Cape would not, at that season of the yeur, have been a proper
place to touch at. We might have touched at Rio Janeiro, but
it would ban been out of the way. We took in flesh provisions
at St: Jago ; It tea very good place to take in provisions. We hail
good weather and a favourable voyage until we got round the Cape. I
The weather was then bad. The voyage lasted four months and a
half. No complaint was made during the voyage of want of pro-
visions. I bad more than sutErient ; and took some back with me.
remember Mr. Brown. I prevented him from shipping goods
at Ponsmouth, which would have rendered my vessel liable to
seizure. No complaint vas made of the steward during the voy-
age. The passengers all parted from me, with the exception of
'Mr. Brown, upon good terms. Mr. Reed was my first mate. He
was not competent to perform his duty, nor was he in any degree
resper ert by the passengers. I had to take Reed's duty on myself.
I was obliged to procure Reed a passage home. I offered him
one, but he would not accept it. I offered hint a presage in an-
other ship belonging to the same owners, but he staid in thecountry
to get damages.
Mr. Itnolio HAM—Well, we are not to lone all this.
Mr. SCAR LET T--Why not ?
Mr. It PO VC lIA M---1 should be greatly gratified to see the record
of the trial ; it would be a curiosity.
By the COURT—I have not paid him any damages or costs.
RT Mr. BROl'l3ll4M—How long were you there ? Six weeks.
Inns continued—The general demear.our of the steward was
' most correct. I recollect no instance of cruelty inflicted upon any
individual ender my eyes. Mr. Brown did not pay until the day
before I left Van Dtenian's Land. He then paid me, and took his
passage by the same ship to Sidney.
Croas-examined by Mr. BROUGHAM—As vet I have brought
nn action against the parties • 1 have no attorney ; I have given no
instruction on the subject ; have seen a professional man on the
eulpject ; I know of oo other action beside this being brought; I
was not at chambers before my Lord on Friday afternoon • it was
before Mr. Justice Holroyd ; I saw Mr. Arthur Gibbon about I,
three weeks ago; Mr. Robert (iibLUM was before the Judge ; be is '
W,ll of the late IVni.elibbon, and sets as owner of the ship; I know
of ro passenger* that have returned ; the vessel was condemned at
Chili ; I know of two of the crew who came back ; they arc in
Scotland; James Nichol and Smyth; they came home with me to
London, and they are gone I don't know where • they arrived here
in the middle of January r when 1 was before the Judge there was
something referred to the gentlemen to settle between themselves
the steerage passengers raid 41,1. and I took in four sheep • the
ship was as full as she could hold of provisions ; there were :Ai fel-
sons on board and a cargo ; he cannot say what quantity there was
of anything on board ; his log-Imok is in Scotland ; we make en-
tries when we take provisions on board.
Mr. Sc objected to receiving in evidence the contents
of the book. No notice was given to produce it.
The COURT decided that its contents could not be given in evi-
dence.
The witness resumed.—lt is three weeks' voyage to St. Jago.
The average of the voyage to Rio Janeiro is about :•ix weeks.
The distance from that to Van Dieman's Loral. does not exactly
know. The cattle at Rio Janeiro are larger than at St. Jago.
They took in two oxen at St. Jago. They did not Inert with a pre-
mature death. (A laugh.) These were the only two they took on
board there, but they took in poultry and pigs. They were not
ten days without fresh provisioner before they reached Van Die-
man's Land.

e great ...a imminent peril must
await those who trusted to it. "Oh ! but (say the friends of the
blundering hydrographer) let not the man who had escaped ship-
wreck presume to give such a warning—let him not venture upon
the condemnation of the map of Mr. Arrowsmith, or the chart of
Mr. Cary, or if he does, let him be prepared, for they will bring
their action, and when the action is brought (which it may any
time 'hart of seven years), let him not dare to justify unless he can
keep his witnesses for six years by him, lest in their absence the
map-maker should claim dimages for the loss of his character and
his charts, and he is not pre-panel with witnesses to 'thew that
the map was incorrect, and the use of it might be attended
with fatal coosequer 7ea. This was not an imaginary case.—
He had seen yesterday in a newspaper just such a statement.
for which an action might be brought to-morrow. One word
as to the character of the publication now before them. The
jury would look at it, and see whether it was the production
of a person actuated by malignant motives, or the story of one
who was influenced solely by a regard to truth and justice. Now
the letter pursued this course: it treated much less of the con-
duct of the Captain or of the owners of the M inerva, than it did
of the enriosities and appearance of the colony. It was speci-
fic ID one of its charges, and in that charge it was not contra-
dicted. The Jury bad heard the vague answering of the Cap-
tain on that point. The letter stated that two oxen were taLen on
board at St. Jago. The Captain could not recollect the size of
these oxen ; at length, however, being pressed, he determined in
favour of Scotland—he said they were as large as Scotch oxen.
He (Mr. Brougham) knew not whether any of the Jury had ever
the pleasure of seeing when living, or taming after it ceased to
live, a north country ox. They were, he could assure them,
though very agreeable to the taste, very stunted in their appear-
ance—in size not differing much from a well-grown mastiff: The
Minerva then it appeared put into St...lago. Was St. Jago or
not the proper port to put into for provisions? It was not the
proper port, and for this reason—they reached Sc. Jago three weeks
after they left this country, and thus live-sixths of the voyage re-
mained unaccomplished. The object of putting in at a place of
this kind is not pleasure; yet, after a three weeks voyage, into St.
Jago this Captain Bell directs his vessel. The letter stated that as
far as St. .lago there was nothing to complain of. Did this look
like malice? But subsequently the stock was nearly exhausted.
There was no question put to the Captain upon the tricks—the
jokes, as his Learned Friend Mr. Scarlet seemed to consider them—
that were practised upon a very helpless and nervous young man.
His Learned Friend, Indeed, seemed to consider, that even by the
law of nature, when placed on board ship, and pureuing a long
voyage, men became maliciously and spitefully inclined, and they
must be femished with a butt. His Learned Friend, however, had
not ventured to ash the Captain what exact portion he took in the
tricks practised upon the weak and helpless object of general meri-
ment during that voyage.
Mr. SCARLETT—You can prove it.
Mr. BROUGIIAM-0 yes ; you first prevent us from the poasi-
bility of proving, by refusing to put off the trial--
The LORD CHIMP JUSTICE—That ought not to be stated.
The Judge refused to put off the trial, because sufficient grounds
were not stated for that purpose.
I Mr. Ilnotronaet—ln case the plaintiff consented. my Lord,
I there was no objection to the postponement.
' The LORD Cutler Jusxrce—Before slamierons matter Is pub-
Belied, it behoves the publisher to take care that he has the proof
in his hsrals.
!dr. Bunuon4rl continued—There was no proof Sy whom the
letter wax written. The Jury would take all the circumstances of
the case into their consideration—the situation in which the de-
fendant"; were placed—the conduct of the other side, in refusing
delay—that there was no appearance of malignity in the publica-
tine, and they would give such moderate damage.; as the publica-
tion warranted, if indeed it justified the demand tor even the slight-
est men pen sat ion.
The e'er ire JUSTICE directed the attention of the Jury to the
libel ; and. if they believed that ft was calculated to injure the
plaintif in his repent' yof owner of the vessel, they would find •
verdict fur the plaintilf—if otherwise, for the defendant.
The Jury, after a short deliberation, returned a verdict for the
plaintiff—damages, 1.501.
The Foreman delivered the verdict twice; but some of the Jury
dissented, when asked if they had all agreed. Ultimately, how-
ever, they found the above verdict.

The new church at Wandsworth will be (*nun-Ertl Ly
the Bishop of Winchester on the let of May.