The British Press; or, Morning Literary Advertiser.
London, England, 1824-06-14 00:00:00

It

LAW IxrsLLIGENCE.

COURT OF KING'S BENCH, SATCZDAY, Just IL

Ilefbre the LORD Cater JuSTlct and a Special Jury.
Tut atwia V. cstetiernmernsow.
leis was an information tiled by the Attotney4 ;ennui against the
defendant, for leaving in a (benign country certain British seamen,
hiredtby him upon a voyage from Maryport, in (motherland, to
Renilgonehe, in North America, and back, contrary to the statutes
3 William 111. and 58 (leo. 111.
Mr. (Irwin, (with whom was Mr. Twisst stated the case for
the prosecution. The Learned Counsel called the attention of the
(bort to the policy of the matte upon which the inforniatimi war
founded, the object of which was to discourage piracy, by protn.
biting captain' of vessels, under certain penalties. from leaving
hoed seamen in foreign countries, and thereby exposing them to
the necessity of resorting to a predatory mode of living, to ilk
great prejudice-of maritime commerce. The case he had to sub-
Manuate against. the defendant was in substance this :—The defers.'
dant was captain of a vessel belonging to Maryport, in Comber-
hind .in 18 he hired as part of his crew four seamen, named
Stevenson, Patterson, Windsor. and Collier, to sail on a coma
from that port toe place called Restigouche, in the Bay of ('ha.
Rao, in the Gulf of St. Lawrence, North America, situate between
Canada and New Brunswick, there to take in a cargo of timber,
and bring them hack to the place of their departure. After the
sail had taken in *her cargo at Restigoucht, the seamen named
discovered, about the 10th of November, that it was the Captain's
intention to leave than on shore. he having, in fact, hired other
seamen in their stead. They remonstrated with him upon the
cruelty of his conduct, and expressed a hope that he would not
leave nem in so inhospitable and desolate a place, front which
they might probably never return. It appeared, that in conic.
Queer of the inclemency of the weather, and the labour of load-
ing the versel, the men hod complained that they had not had a
afficient allowance of spiritous liquors, so necessary to the pre.
sewatioo.of their health and activity. This, probably, would he
=urged on the pan of the defendant as an apology for the
Imbed adopted; but supposing the men hail been urgent
few soots indulgence In this particular, still it would be no excuse
to Ste defendant in point of law. The defendant was inexorabll,
and his determination of leaving them on shore. lie
eso rased
a boat out, put the men into it, and he himself steered
a desolate part of the shore, and there they were landed
*khan provisions, .ele any other means of subsistence. It rar a
Om their clothes werwlielivered to them, and one of them being a
carpenter was penalise:lM have his tool chest. At the spot, and
Minn many miles of it, where they were landed, there was no trace
of human habitation, or any prospect of obtaining motection
satinet the inclemency of the weather, ur of preventing absolute
animation. The weather was-frosty when they were landed, and
In a day or two afterwards' It 'begun to rain. In this thstressing
situation they attempted to build themselves a kind of shed with
The branches of trees, but it was so frail as to be insufficient to
keep out the rain. in order to prevent them from perishing with
Fold they kept up fires night and day. But. independently of the
inclemency of the 'weather, their lives were in great peril from the
numerous hews-and other wild beasts with which the woods were
• intutbited. For several days the only food they bad was a few
potatoes. which the humanity of some woodmutiers provided them
with. The situation in which they were was in a remote part of
I:l4leur Bay, at least fifty miles from its mouth, where vessels
Were usually loaded. At the end of about three days, the car.
porter,- by parting with Iris toolmhest, was -enabled to procure a
best to carry Cowell and his wretched esotpanions to the place
where eessels usually loaded. In this voyage they encountered
every peril and difficulty to which human' astute could be exposed,
and at last, d.rough the province of God, they were taken up by
the very lot vessel which quitted those innospitable regions, and
which happened to have been accidentally stranded. But for this
almost-miraculous interposition these unhappy men must have
perished inr.itably. 'Without food, covering, or those comforts
no necesary for the preservation of humeri life through a Canadian
winter, it was impaisible they could have survived. Fortunately
'they remind Engd, and laid their ease before the Locals of the
Admiralty. After due investigation .of the case, the Lords of the
Admiralty felt-thernselves-bound to institute this proceeding; for
-though the attention of that Board was snore immediately directed
to the Royal Navy; yet, inasmuch as that navy was manned by
maim brought up in the merchant service, they considered these
unfortunate tellows as much entitled to their protection as if they
were in the pay of the Crown. Wow defence could be suggested
it would be difficult to conjecture. It was understood that-the
defendant meant 'to insist that the men voluntailly remained be-
*hind; nay, that they insisted upon beincleft abaft. Such a
defence was utterly inconsistent with the facts, and as little con-
sistent with probability. In the first place, the defendant himself
had tamed the boat which left them ashore, which it was nut
'likely he would have done if he was unwilling they should quit his
ship; and in the second, it was inconsistent with all probability
that these poor fellows would choose, of their own accord, to ex.
pose themselves, without food, clothing, or shelter, to the immi.
tient peril of destruction.
T. Collier deposed that he was a native of Maryport. and entered
en hoard the defendant's-vessel with the three other men already
meet nand, en a voyage to Restigonche, for timber, and back. They
completed their cargo on Sunday the 10th of November. Hearing
that ;h: defendant had shipped three other men in their room, they
went aft and demanded what he meant ? The Captain said to
them, "Do you mean to do your duty, or go ashore ?" They
said they meant to do their duty. The defendant was asked by
Windsor for his wages. The defendant-said he should have none,
sad added, "before I shall be bothered with you any more, I'll
work the akin off my fingers." lie then said, " You shall all go
ashore immediately; I shall have nothing more to do with you."
On the Monday morning the defendant ordered the boat out, and
all four were put on board. The Captain ordered the rest of the
crew to give three cheers, and promised them a gallon of rum,
which was accordingly distributed to the crew. The boat then put ,
off, the defendant steering them. The witness requested that
tie) might be put ashore at a spot where the wood was cleared.
and where a house was built. The defendant made no answer, but
steered the boat in a contrary direction, and they were landed at a
' place covered with wood, without any food or liquor. They
built a sort of tent of the branches of trees, and lighted a fire. It
was frosty when they were landed, but it soon began to rain, and
their tent afforded them no sufficient shelter. Where they were
I inded, was fifty miles from the mouth of the bay, where ships take
.r. their loading. There was nothing but wood abort them. No
habitations .or natives. There were plenty of wild beasts. The
only food they got was a few potatoes front some woodcutters who
were felling timber. They afterwards got down to a place where a
:tassel had got a-ground, and they were taken in. The witness on.
-der went a long cross-esamination by Mr. Brougham, in rite EMU'Se
a winch he positively denied having gone on shore voluntary, or
havingst any previous time entered into an engagement with any
otberCat • to return home. Ile admitted that he did not see
anyeNdteases, but be had heard talk-of them.
. Stevenson sailed en beard the ship in question with the de.
*fendatit—he was before the mast, and hts wages were U. a month.'
HI was left rot shore as described by the last witness.
'lie. Onnwer said he did rot think it necessary to arm this
•witness through the same story which bad been told by Collier.
Ifis testimony would be precisely the same.
- - In crow-examination, witness said he had been on shore en Sun.
.day, the 8,1 of November, which was the Sanity previous to his'
ucang left. The Captain charged him ss. for being on shore that
.orsa sight. Ile returned to the ship on the Monday. Ile never
proposed to work for the people on shore. He had not packed up
ms clWhes previous to the Captain ordering him en &ore. Ile
rover refused to do his duty in the Arita, nor did he my he would
wiser relent te the voisel. Ile never said he quitted the vessel
voluntarily, nor did he ever speak to the Captain after he was
landed. He knew a Captain Chant, but never made any proposal
logo en board his dated. He received his wages up te the titnahe
was put on shore. .
T. Patterson another of the men, prated that he was an English-
man, was married, and had three anises. He was carried on
lea-d the Trafalgar. On the 11th of November he was put on
shore by the Captain at the place mentioned. Collier, Stevenson,
end Windsor were with hint.
In amiss examination, whams said, he had quitted one of his
'Modesty's ships, but he never left a merchant vessel celled the
Opus.
Tun was the ease for dm prosecution.
Mr. OW/COHAN then addressed the Jury for the defendant. He
thought, he said, they would agree with him in thinking. that the
wary they had heard assume of the tairit unlikely that coati be told.
Was it possible, that any Captain whia considered ten men oats-
airy so navigate-his easel saws the Alldyttc,.would have the folly
.44 issire four of the best of those men on asst, and risk the perils
of the sea, at a dangerous time of the ymir, with the remaining six,
• Wir)eet to all the casualties of bad weather and sickness ? The
.soggentien wee so preposterous, as scarce to admit of a moment's
• .eanaideretum. It was clear, these men had been in the habit of
losaring the ship at their own pleasure, and that the desertion of
*hitch they complained had been sought by themselves. They
.did not cheese to submit to the strict dis cipline of the ship in which
Arse were enraged, and in the hope cf getting employment else.
where, had thought proper to absent theme:lves front their duty
omboard the Trafalgar.
• The Lon o CRIEE JUSTICE, in summing up the evidence,
said. The only question for the consideration of the Jury was, whe-
ther the three per.sons they had beard examined, had bee, guilty
•01l wilful and corrupt perjury. Not a single statement that they
had made had heel. contradicted, although there were six other SCA.
WWII SO board at the time they were taken on shore; and, indeed, it
-- old net seem very likely that the men would have voluntarily
strained the ship at such a season of the year, and in a climate so
.inclement, without provisions, or any of those other necessaries Is.
itsiq.ite to sustaic life..
'he Jury, witlicut hesitation, found the defendant—Guilty.
~eavota v. IIElt•
This was an action of trespass. for driving a gig against a man
of the plaimff, whereby she was killed.
Mr. DIARATATT and Mr. E. Lawns conducted the plaintiff's
case—and Mr. SC AIILETT and Mr. Titissicia, the defendants.
The plaintiffs were Essex carriers ; the business of the defendanthe
t
was rot stated. in. the evening of the Id of September List,
ai len.l int and his wife, and mother female, were riding home to
Imet'un in a gig from Epping, in compere) with Lit:other piny,
enevelling in IA:. manner, with whom they had been out IArAI days
plmsore. The idaintiff"ii van was then'leaving London towards
. Essex. and in tie Mile End-road the defendant's gig came in cos.
tact with a mare of the plaintiVe, then drawing the van, and thel
se aft ran into thr.. animal's body twine depth nf several inches. The
• p:si mid' was put to eonsialerable expense an endeavouring to T
he
ante animal curt e., but she ultimately died, and being north twonty•
...o.ve pouada, the present action was browyist to recover that arm.
tenothe, with the amount of the vetennary sutg.un's bill. The
kluotiff alleged that the Accident was exam 1-W by the negligent
and improper driving of the defendant.
Several witnesses were called to Mow that the van war in the

centre of the road, leaving qni:e sufficient room for the defendant's
gig to pass in safety, had he used dye caution and care. It was
suggested that the defendant had impeopnely driven the gig. by
crossing out of his direct course at an improper rate ; and that, in
tact, the defendant and his firiends were all in a state of intoxica-
' Lion, not even excepting the ladies, one of whom had been thrown
Out of the gig, and hurt considerably.
On the part of the defendant, it was insisted that the fault lay
with the plaintiff, in consequence of his keeping the cetorc of the
road, and not allowing suiSeient mom fur the defendant to pass.
The defendant's sister, his daughter, and two other witnesses,
deposed, that the accident was attributable to the plaintiff himself;
that the defendant drove with tine care and cautitui,—and that the
lout, was sober, although the gentlemen had bad some spirits and
water after their supper.
The ladies poaiiively denied that they wen in any degree affected
with liquor.
The lio RD CHLET JUSTICE summed up the evidence on both
sides, leaving it to the Jury to say. upon the balance of testimony,
to whom the accident was attributable.
The Jury deliberated a few minutes, and found.their verdict fee
the plaintiff—damages 231.
TILE XING, OX THE PIOSECETIOT Or 'WHEEL!. AGAINTT

TITCHETT.
This was an indictment for alleged perjury, on an affidavit used
on a motion to this Court, foe a rule to restrain a receipt for 7201.
given by the defendant's late partner, Mr. Thomas (laughter,
and a judgment entered up on a warrant of attorney taken in Mal
name anti by his direction, being set up in bar of two actions
brought by the defendants and his partners against a miller, near;
Warrington, of the name of DutnbeU, for the recovery of two soma
of tatill, anti :W.
Mr. BROI:GlIAM opened the pleading, and Mr. GeletT
stated the case for the prosecution ; but on the testimony of the first
witness adduced to prove the charge, it was negatived altogether.
and the thief Justieedirected the Jury to acquit the defendant.
'l .; Court was crowded with many gentlemen of high respects-
bility, among whom Mae observed, John Blackbume, Esq. M.P.;
Edward Bootle Wilhraham, ALP.; Robert Haldane Brad.
shim, Esq. M.P.; Thomas 1 , Esq. M.P.; James Alexander
Raison, Esq. ALP.; John Ire Blackbume. Esq.; Mr. Serge.
Cross; John Wyatt Esq.; William Itaseoe. Esq., of Liverpool;
William Tooke, Eaq.; Thomas Lowten, Esq. the Rev. Daniel
Mathias; William love, Esq.; William Cross, Esq. Prothono.
tary, of Lancashire; Joseph Leigh, Esq. &c. &e. It was under-
stood they attended to have borne testimony to the charaoter of the
defendant, had they been called upon.

COURT OF COMMON PLEAS, SATUIDAY, JUNE 12.

Sittings at Westminster, Ltfu, e the Cum, Jvarict and a Spe-
cial Jary.]

THE DCKE OF SORT HU 5111E1LAND r. CLOWES.
Mr. TINDALL opened the pleadings. The plaintiff complained
of being disturbed in the occupation and enjoyment of his house
by a steam-engine erected by the defendant, who had pleaded Not
Guilty.
Me. Sergeant VAC OD N. who, with the assistance of Mr. Raioe,
cendocted the plaintiff's case, stated, that this was an action
ihich his Grace the Duke of Nonhumberland had been
compelled to bring against the defendant, in order to suppress,.
by the verili^t of a Jury, a nuisance by which his enjoyment of
the noble mansion be posses-sal was disturbed. The Noble Duke
and his ancestors had long enjoyed this mansion, and as his enjoy-
ment was now for the first nine disturbed, he had found it neat-
sary to seek a remedy by action. it would be shown on this inquiry
that continued volumes of offensive smoke were continually ts-
Isuing nom the defendant's chimney ; that, In consequence, the
Duke's premises were covered with soot; and that, by the work.
Iling of the engine, the well had repeatedly been drained of its water,
so as not to leave a sufficiency for the supply of the family. The
defendant was a printer, residing close to the premises of the
Noble Puke ; and the engine he had erected wee undoubtedly
put up foe the purpose of carrying on his trade; but still, es a
British Jury would not give their verdict toe man merely became
he was wealthy and noble—so, on the other
hand they would not
think him the less entitled to it on that account. It was, undoubt.
edly, a favourite position, that a man might do what be pleased
with his own property ; and that was stnede tree, provided one
qualification was added, namely—that in suiting hie own plewettre
or convenience he did not trespass on the comfort or convenience
of others. The first time that this nuisance had been observed WAS
in September last, when the family were out of town, and when
one of the Noble Duke's establishment was disturbed in his bed by
the active of of the steam-engine, the boiler of which came
in contact with the party-wall of the mansion. The noise had been
not inappropriately compared to a thrashing machine, to distant
thunder, or the rumbling of waggons. It sometimes commented
at eight in the evening, and continued all night. The blacks some.
times fell in such quantities as to cover I, and swab*
any person to write his name. He should _ beestant
questionably the defendant had, in some degree, Mamma the mil.
sance by taming his chimneys, and that he was said neer ha me
coke instead of coal. Still, however, coal might again be
to; and the question was, whether the Duke of Northam
who had laid out nearly 100,0001. in repairing and beautifying*"
mansion, and had employed great numbers of English animas*
the work, should now be driven from it, or continuo to Mishit is
after all his comfort and enjoyment had been deeerayed. The
common defence that the plainuff had ensue to the n.lssnee ant:ll
not be set up in this case, as the plaintiff and his ancestors had en-
joyed the mansion for a period of more than two hundred=
and before that time it had been possessed by the Earl of
smpton. In fact, the Jury must know that it had formerly suet/
alone in the midst of fields, when London had we as yet estemled
to its present gigantic size. He should prove thews facts, sod all
on the Jury for a verdict, though he should ass ask ibs beery *-
maps, as the object of the plaintiff was restpsemiserompsus.
non, but the undistut bed and commodious eahryessat of his man-
sion.
Several witnesses who ,ere aequsintd with the mansion of the
noble plaintiff, bore testimony to the annoyance the steam-engine
occasioned.
The Gardener was called,tand he said the blacks fell in showers,
like a shower or snow, and had he not actively employed his garden.
mginc, the plants would hare been burnt up.
Mr. Jonathan Parkins, Clerk of the Works, at Northumberland
House, said, that upwards of 100,0001. had been expended by his
Once in erections and embellishments within the last few years.
Had found the pumps dry ; and, upon inquiry, learnt that the de-
fendant had got a steam-engine. He went to the defendant's, and
Mend that a deeper well than the Duke's had been sunk by him,
which drew the water from the Duke's well. He had no doubt of
this fact, because the Duke's pump was dry of a Tuesday morning
after the defendant's engine had been working all the Monday
night. He was the personwho broke a hole through the Duke's
wall, which divides the Duke's promises from the engine-home of
the defendant. The steam.engine of the defendant was adjoining
the outside cf the wall. Some time after the wall was perforated,
the boiler of the defendant boiled over, and the water flowed
through the hole into the Duke's stables.
The AT TORNEY.OEVERAL--YOU should not have made the
bele.
Ores-examined
,1:/ the ATTORNEV-GENEZAK--The kiteben
diinineys of the I) 'e are within ten feet of the defendant's pre-
mises, and the smoke from them, when the wind is in that direc-
tion, blows the blacks against the defendant's windows, where his
sheets of paper are hung to dry. The Duke's wall is seven feet six
'inches higher than the defendant's premises.
The ATTORNEY-GENERAL—Yes, and shuts out his light.
Wm. Parsons, Engineer—ln October last had his attention
called to the defendant's engine, and saw smoke issuing at various
times from his chimney in thick volumes, and beard a noise caused
by the friction in the working of the engine. He had observe:A
a dedciency of water in -die Duke's well when the engine was at,
week.
An argument was raised upon thelquestion of the Duke's exclu.i
sive right to the water, and the legality of the defendant depriv.
fag him of poet of it, by drawing it kointhe spring with his steam.'
engine.
'the Lout Catty JUSTICE said, that unless the Duke could]
slam that he had any grant or prescriptive right to the use of this
water. it was evident the defendant had as much right to dig a well
on his ground, as the Duke had to dig one on his.
Other evidence being called on the part of the plainer; a pro.
position was made to refer the cause, which was objected so.
The ATTOESIEW-GENERA). thcn.addemeed the JUT', and said
beehould call evidence to show that the sound of the engine could,
set he heard in Northumberland-house, and that the smoke arising
teem the chimnica to the Noble Duke's mansion was much greater.
thes was caused by the defendant's engine. -Ile should prove that
the dekndant had burnt coke for the last three months. and no
anspkeavose above the chimney. The noise heard on the Duke's.
stated to be continuous, which was easily accounted
re mansion was situate at the corner of three of the largest
thoroughfares in London, and the continuous noise was caused by
she carriages passing, and this fact put him in mind of an ante-
dote which lie would Mate to the Jury, as it bore on this sue. An
Irishman came to London, and pant a with his cockney cousin at
the corner of Northumberland House, intending to go up Saint
Martin's-lane ; his cousin went into the City, and returned a fon
lours after, to go to hit dinner, and found his Irish relation whore
be had
Partedp with him. " How is it you are here ?". " Oh, by
aies the Irishman, * I have not been able to cross the
reed for coacheasince you left me. (Lsughtert. Ile, the Attorney.
gunstel, proceeded to comment upon the evidence, and said
shield mil witnesses to disprove it.
At the suggestion of the Court, a reference was again posed;
and, final)y,. tt .was agreed to takes 'whet for the plain
m 1,110e1., subject to the refersece of Mr. SSl‘,ll.

All-stamps on law proceedings are repealed from the .10th
of October next.
A coal mine has been recently discovered on the estate of
Lord Clifden, near the city of Kilkenny.—lrish Observer.
We regret to state, that while Colonel Struts was on his
way on Friday through the Park to the Mouse of Com-
mons, he experienced a severe fall, in consequence of his
horse having taken fright. Among those who witnessed
the accident, was her Royal Highness the Princess Augusta,
who with that gracious kindness which so eminently dis-
anguishes the Royal Family, immediately got out of her
carriage, and insisted on the worthy Colonel being care,
fully placed in it, and slowly conveyed to his house in
.Green-street. Her Royal Highness then proceeded herself
on foot (a considerable distance) to her residence in St.
James's Palace, amidst the admiring gaze of an elegant
throng, to whom ber humane and laudable conduct had so
highly and justly endeared her. The accident, we are
glad to find, is not of a seriouinature.