The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-17 00:00:00

VIE Defelidant did not merit such severe censure.
They were told that the complainant was, by birth,
education, and profession, a gesstleisints. Now all
they knew about bon wet, that he hint entered us
mariner on board one or the India Company's
ships. Because lie was u unidshiptnati, it vet-toed,
he ought to hare beet' exempted hann piiiii,h-
tnent ; but, he believed, it was not tottlaWal
to punish that class of officers. Ile had many
conuexnms iii the navy, :toil one of them, who
was now a cut ttttt ander, dal not blush to own,
that lie owed great ohliewiaos to an officer, try
whose orders hr teceiverl a flogging., when tit
entered the center. The Plaintiff, however, they
were informed, was, a yowl% man of high shorn—hr
preferred death to ignominy—and therefore jumped
overboard, knowing, be it observed, that a bout lay
alono.ide, and that there was no doubt butt he
would he taken op. He thought prrls spa that when
he was brought 1111 deck, and exhibited the tremor
incidental to his immersion, that he would be for-
given. Ile would 'trove. by the testimony of seve-
ral individual., that the conduct of the
ails most offensive—that he was deservedly pu-
nched—and ilsat his puiti-liment was light. So
light, that when he applied for assistance to the
doctor, next day, lie said he did not d the
flagging a pia—lnit he believed he had strained
his back in leaping oven board. Even thervidence
of AIL Earle sheered that the injury was only skin
drop. The Learned Counsel Own proceeded to
state the immediate cause of this flagging. which
was. his having neglected to uushot the guilt, when
sufficient assistance was given to him for that pur-
pose, and pleading weakness, occasioned by star-
vation" nu board that d—d ship," as the reason.
'he Chief Mate thought this excuse was in-
tended to spread amongst the crew (for there
had been considerable insubordinatiou during the
voyage) the same degree of ill feeling which existed
in the 's mind, and which had *hewn itself
on a previous occasion, when the Captain ordered
the disaffected pert of the crew to go forward, and
she couteuted to go aft. The Plaintiff, at that
time, joined the disaffected. He had also been SIM.
. printed for improper language, but restored again
on making all apology. The mate reported the
Planitift's conduct to the Deleutlant, as a proof
that he wished to strengthen the existing dissatis-
faction. He was, in consequence, ordered to come
on deck, alid the Captain gave him "a sound box
on the ear.' Whet', in answer to question from
the Captain, he declared he was staived. as such
langiaige was calculated to excite insubordination,
he was ordered to by flogged, which punishment
was executed in the presence of the Captain and
crew,' in the ordinary way. As to not loweenig a
hoar. that would certainly be au unnecessary cere-
mony, when there was oar lying alongside of the
ship. The conduct of the Defendant did not ori-
gioate in a cruel spirit. but arose from a desire,
inseparable from his arduous situation, to repress
insubordination on board the vessel.

For the defence the following witnesses were
called :
William Cousins was first mate on board the Orwell East
Fier burden was 1,390 tons, her euinpletnent of
no n 132. In Illy last, sha anchored in the Queen's Chan.
ne I, Nlarg•vte. and Defendant, about ten o'clock in the morn.
ing, directed the Plaintiff lie take eight men and utishot the
eons. Ile desired hint to be handy about it, ar the pilot
wished to yet under weigh. About four o'clock witness
went on the eon-deck, suet found the order had been ',fe-
inted only in part. It would have taken about three hours
and a 1.31 f to perform the whole of the duty. %fitness
aster.] Plaintiff why the guns were nut all drawn? ob-
serving, that he could spare him a good many bands, and
directing that he would finish the business immediately, as
the ship was about to get under weigh. The Plaintiff an-
55tcred, in au imperthwnt 11:3 111 l er, " I cannot do it. I'm
starved ou hoard this d—d, or ilei• infernal ship. I'm fed
upon pea teary." There was nothing, in his appearance. at
the time, that indicated weakness. Them were several of
the moo present. Witness coon 1111 l flatted the circumstance
to the Captain On the quarter-deck. The Captain scut Inc
the Plaintiff, in consequence. Ile rail least witness, and
oth t lip to the Captain. Hs manlier appeased to be
sa .y insolent. The Captain asked, " What do • you mean
by saying that you ale fed on pea•gravy Have 1 not
seet a boat for provisions to every ship we passed
How can you, who ought to met a good example, behave
in this violent way to all officer?" Ile tookthis temoustranee
in a soil of overbearing manner. The Captain then or.
demi bins un the poop. Witness did not see the Captain
strike liim. lis•feire he ordered him on the poop, he eked
the Plaintiff " ally he had not onshutted the guns ?" He
said lie bad heti' fed on pea-gravy, and was as weak he
could not do it." The Captain then ordered all hands up.
1 her riew immediately assemided—and the Plaintiff, when
called (loan from the poop for punishment, leaped over.
board. Witness numediatcly .an tu the poop to lower a
boat. It raa nut, however, lorered, as there was a Deal
boat alongside. Plaintiff seas peeked up by that haat,
taken 1111 hoard, and punished with eighteen laehes. There
as nothing fellliilksbie in the iiiiiiithenent, which was in-
flicted in the presence of the crew. In the outward.buitnd
passage, the Pie.uhil 'a conduct was vet) bad.
Mr. SCAR.I.F.TT uhjrcicd w this evidence, as irrelevant to
the patient traihactiou.
The Ctist•E Jcevica said, that the Counsel for the Plain.
tiff having waked rime questions as 111 the Plaintiff's general
conduct, he could not iirecholc the Couns,•l on the other
side f making a monster inquiry. He would, however,
tell the Jury, that the Plaintiff's conduct on the outward.
bound passage bail :nothing to do with the present action.
Witness proceeded.—ln the comae of the voyage, there
was much insubordination on board the ship, and the
Plaintiff joined with the•disaffeeted. On the 4th of May,
a boat was sent un shore tar provisions. The voyage bad
been unusually long. The ship left China in November,
and arrived at St. Helena in April.
Crar*, routincd.—Witnris was still chief-irate under
the Defendant, and would proceed on another voyage
with bins. Plaiutiff, of the homeward voyage, hail
tilled the offlee of quartermaster as well as of gilll-
- W1:11,11111, with the /auction of the Captain, had
appointed Plaintiff to the situation of quartermaster. The
'yuyage was very much protracted. Witness could not say
"what quantity of provisions was disposed of 111 or at
St. Ifclena. The provisions were not in his, but in the Puy.
Seer department. The quantity of provlssOns itispArsed of
was nut entered on the Ing.bmik. Withers kria the log.
book. It was customary to enter on it the soinies of those
mariners who had misconducted themselves. Ile `had en.
treed the mime of the Plaintiff on the 416 of May, lint never
'before, except *hen be war broke, and turned before the
mast. (The tough log-book was here banded to the willies'
for his iruspection ) Witness could nut tied the name of the
Plaintiff nu it. He conceived it was likely be had entered
the Plaintiff's name 1,1 the Company's log. hook, which was
made up, with eiwrectione, from the rough log-'souk. Plain.
tiff hail not suggested to witness, on the 4th of May, that
that would be a gum/ opporismity 11119111/1 the guns. Wit.
Detre Us dered the earpeuter's crew stud past of the caulker's
Crew to mitt Plaintiff. Did nut tell those men to obey'
bine. When Plaintiff asked, why he bad not preformed the
duty? he nail be was too weak. Witness felt angry and
' unalloyed at the manner assumed ley the Plaintiff; because
lur was asusiews to get .the work done, as the ship was
•Ifbnall to p tthilrc.alnagh. 'rho crew bad been tin skeet
r (pr three yr four weeks—but there was beef .
son beard. within that time. He would slut say there
we any beef kit in the hot week. Their own store
a basket had hien eabassled for dove us funr watts--