The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-14 00:00:00

ll&Asian thought Mr. Buckingham was about to publish a work the Sandwich Islands. Whilst at Rio Jeneira, the Captain, Kb*
Irian his materials. and had seat in consequence to Ille. Bucking- and Queen went on shore. The ship had not a full cargo of oil.
ham, he was confident the latter gentleman would have given a The tore and main batches were not tilled with oil, amt none at all
satisfactory explanation. He was instructed to say, that if Mr. in the gun-room. They could have brought more, hnd not the
Bunke. would read the plaintiff's brook, he would find that no use King and Queen been on board. The the works were thrown over-
whatever had been made of the issue of the joint exertion. No- board the day after they left the Sand wieti Islands; three days after
thing, he could say, would have afforded more pleasure to the they me a iv unity of whales, but could not take coy of them, and,
plaintiff' than to have assisted 31r. Dinka, inasmuch that • work if they could they were not able to boil them. It the dry works
might have been published from the joint observations and joint haft been standirw they might have made, up a cargo. The deli-
opiniona at the two parties. If his Learned Friend the Attorney- eency was about '2O tuna.
General, who was retained for the defendant, called evidence, he of • Cross-examined—They brought home 270 tons. In going out
course must tnake a reply upon their evidence, and Must still fur. they lost a boat and a man. There was afterwards a aunts., in
they trespass upon the time of the Jury. However, he thought he which they last four boats, there then remained one only. They
should be able to prove that a decided misundersianding canoed then went to the Sanwich Islands and got a boat.
between the plaintiff and ate. Rankes; and if Mr. Baokes were to I Re-examined—The Captain said, when the dry works were
be called as a witness, he (Mr. &Arleta) would bay so him that he thrown overboard, that it was for the accomodation of the pas-
laboured under a mistake. He would now conclude, and confidently Isengeri, The ,first boat was not entirely lost ; she was afterwards
appeal to the candour anti justice of the Jury, to say by their vet- repaired. When they started from the Sandwich Islands with the
dim whether they would permit any individual to attack, through lath", they had their full complement of boats made up.
the medium of anonymous publication, the private character of any Thomas 'nigh, formerly master of a vessel in the South Sees
man. 31netearlett then proceeded to call his witnesses. for twenty years—Never considered Rio Janeiro in the voyage.
John Peterson proved the purchaae'of the Quarterly Ileviets,No. Witness fitted out the Aigle for all her voyages. She was altered
62. containing the alleged libel, in the shop of Mr. Murray, in wait to be able triatow in more in tier last voyage. It is the duty of
Albemarle street. the muter to superintend the boiling of the oil. The largest
The Qw,tvrly Review, No. 52, was then put in, and the pas- quantity of black oil ever brought home was, perhaps, eighteen
sages already quoted were read, as well as the following additional tuna. It is not usual to unship the dry works. They ought
extracm : always tone in readiness. Ten tons of water would be sufficient to
" The groundsrlan given of' Jerash I: rime led on a tracing ob. take in at the Sandwich Islands. Despatch is a great object in the
hymned from 31r. Bankes at Nazareth ; but tut little did the law- voyage.
rower comprehend what he copied, that, hasty and incorrect as the Cross-examined—The cause of the oil being black is having the
original necessary was, its errors are multiplied tenfohl, both op whales ton large; there are other causes. The boiling goes on at
the general plate, and in those of separate edifices, aliich are only I night, and the Captain superintends it as far as possible. The cos
enlarged front it. There is a zeal for deception in this altogether lour of the oil is affected by the weather. A small quantity of had
extraordinary. for the alteration is systematic, and not accidental." will affect the whole. Eight tuns of water would be necessary from
" The map is D'Anville's, with all its errors; for it is one of the Rio Janeiro.
least correct of the productions of that extraordinary genius : and Re-examined—Overboiling will make the oil black. Ships of this
the ground.plana of Jerusalem are taken out of a translation of kind ate able to make more casks if wanted.
Josephus. Upon the whole, we are compelled to say of this dull Thomas Keys—Was steward on bard this ship in the previous
and tiresome volume, which we have gone through with more care voyage. They then stowed away 303 tuns of oil on the fishing
than it deserved, that the plates are worthy of the letter-press, and ground itself.
both of them, we verily believe, of the author." Captain Day, many years in the Snob Sea whole fishery—Wit.
' So much for Buckingham !' ress has been twenty voyages. Forty tura of black oil is the 'arrest
" The very first vignette offers an amusing instance of Ibis. In quantity he ever knew. It is occasioned through negiect in boil.
describing the vessel in which he had embarked, lie says, • small tog. In other respects this witness confirmed the testimony of the
as it was, it HAD. THREE masts ;' he then enlarges upon the rig- preceding witnesses.
ging and appearance of them, and boldly subjoins, • See the rig• T. Creighton—Supplied the Aigle with ranks sufficient to hold
nette at the head of this chapter?—p. 3. We accordingly turned 272 tuns. Don't know who supplied her with the remainder. The
to it, and found lire vessels represented there, of which the one has vessel brought back materials enough to make twenty tuns, uhd ten
met mast only, and nit uglier, two ! It would be hard, however, to tuns in casks.
blame M. Le Bruyii for not having represented Mr. Buckingham's 111 r. Cleasby made contracts for the last cargo of l'Aigle. The
boat with fidelity." , first contract was made some time utter the ship's return. Ile had
Ali. PARR, fur the defeadaat, in the course of the reading, made a contract to sell her cargo before her arrival at 42!. per tun.
raised an objection as to an error in the record as regarded the men. When the cargo was landed it was found to be bad.
akin of the figures in the index, which referred to the points in the The LORD CHIEF JUSTICE—I thought you had agreed to re.
body of ehe work. fee the damages, though there may be consideration on the points
This ottjection, after some arguments between Jr. BROUGHAM of delay.
and Mc. Pang, was over-ruled by the Loan Clime J varies. Examination continued—The oil was bad. If it had been eare-
Tim A4TOKOF.Y.GL AAAAA a then rose and said—My Lard, I fully bailed, it would not have been in that condition. It On,
ant. togettoe pith my Learned Friend, 3lr. Gurney, oft ~unsel finally sold at 441. per tan, which is more than what he first con.
t•r the dethdant, Matlurray; and lam iastructed by my client to tracted for. The market had risen 2!. per ton between the first
state, that after the manner in which the cause has been conducted contract and the second. Witness sold another cargo belonging to
by Ala Scalett, he is anxious to abandon his. plea of justification, the Princes!, Mary, of better quality, the same dry, at 46/.
and to declare his sorrow, as publisher of die work in question, -Another witnesa gave much the same testimony.
that any publication of which he is the proprietor should have been J. Deighton, oil-cooper, attended the Aigle in het last voyage.
made the vehicle of private slander upon the character of Mr. Baia. He knew the quality of each cask. Ile had tasted each cask.
ingham ; and ass proof of it, he is willing to consent that a ter- Mr. SCARLETT-1 am stare I don't envy you. (A laugh.)
diet to the amount of ea shall be recanted against him. Examination continued—lt was the worst cargo he ever knew.
Ir. Scan LITT-31y Lord, lam instructed by my client to say, J. Bolton was an apprentice on board at the times—Remembered
that this modem' arrangement is to him far preferable to any oilier, the young woman being taken on board. He saw her afterwards
as his only abject was to clear up and maintain his character. He when she had been delivered. When they returned to the Sad-
therefore accepts the offer that has been made. wich Islands, the crew were in an indifferent state, and the wow
The Loan CHILE JUBILEE—This is the result of conducting were allowed to go ashore for a fortnight. The ship remained that
causes WI they are usually conducted b this Court, with much teal. ten weeks. There was no occasion to do so. Remembers thd
per and moderation. King and Queen coming on board with a great quantity of prori-
A verdict to the amount of SOL was according entered. stuns. The provisions were used by the crew. In other respects
DUCIINGHAII r BANKEs• this witness corroborated the evidence already given.
This cause, upon the application of 31r. BROUGHAM, was or. This was the case for the plaintiff:
dered to stand over till to.morrow. The ATTORNEY GENERAL then addressed the Jury for the
KING OF THE SANDWICH ISLANDS defendant. He hoped the Jury would suspend their judgment VII
which ' • . -- did

HILL BOULCOTT HILL STAHRUCK.
Mr. Por.Locx opened the plerulinee.
Mr. SEARLETT stated the use to the Jury. This was an ac-
tion brought by the plaintiffs, who are owners of l'Aigle, a South
Sea whaler, of which the defendant was captain, to recover damages
from him for Iweacit of contract. This vessel was capable of carry-
ing 330 tuns of oil. The preceding voyage, although in a crazy
state, she bail brought home 285 tuns; but before the last voyage
she had been altered so as to be able to carry more. The present
complaint is, that by the defendant's misconduct the owners had
been defrauded of 25 tuns, at the rate of 421. per tun ; and also of
having suffered a loss of 171. per tun on 2e other tuns, on account of
their bad quality. He would now proceed to the voyage. In Jan.
1822, the defendant signed the contract, by which he was mime all
due diligence. &c. anal to have as a compeesation a twelfth part of
the net profit, and also 10 per cent. on any bounty she might
get. Unfortunately, however, the captain was led at cane by
ambition and love, and his owners were to become the vic-
tim of these passions. Of all mankind, sailors ought to be most
cautious how they gave way to the tender passion on account
of the duties they had to perform, being inconsistent with its fridul.
genre. The Captain left England in the Spring, and at the Sandwich
Islands, he took on board a young lady, who went with him on
his fishing cruise. The consequence of their intercourse, was die
pregnancy of the lady, which obliged him to return to lure' bey
In her own country ; which lie accordingly did before he lied coin.
pleted his cargo. W hilst in those seas, he wrote to his owners
that his cargo was almost completed, but they might guess how he
had been afterwards employed by the time he staved. As soon as
Captain titarbuck arrived at the Sandwich Islands, from his fish.
ing cruise, the fame of the pleasure of cruising with him was
spread abroad by the lady, and reached even the ears of royalty.
The consequence was, that the King and Queen of the Sandwich
Islands embarked on board his vessel, along with wine oxen, 400
hoe's, and a proportionate number of other animals. The owners of
the vessel never heard any thing of that, till they learn that their
ship has arrived in England In the course of the voyage, the
Captain took them to Rio Janeiro, where he introduced them to
the Emperor of Brazil, and subsequently to his Majesty, when
they arrived in Engl intl. Now, in consequence of the neglect of
his duty, and the delays of the voyage, he only came home with
275 tuns of oiL Ile understood that there was to be a most ex-
tmordinery defence set up, viz. that tee young lady the Captain
cartied off was of equal use to the owners, for that by the goodness
(After eves, she spied out the whales for them. This was all very
well, but were the owners to have nothing for the wear and tear of
their vessel on the passage of their Majesties ? Another loss ex-
perienced by his Majesty being on board, obliged the apparatus to
be cu: away, which rendered it impossible for them to take fish,
even it he had been inclines]. Another loss was, that of time, for
five months had been lost, and the whole expenses of the ship to be
discharged during that period. The voyage lasted two years and
a half, the general length is only two years. With these data, he
would leave diem to estimate the amount of damages.
The Loan CHIEF JUSTICE asked whether that question could
not be tried in another place.
The ATTORNTY.GENERAL hoped that the cense would not
be judged of, from the representations they had heard.
The LORD CHIEF JUSTICE—No, tin.
51r. SeeeLETT had no objection to have the damages made an
after cansideration. lie then called the following witnesses :
Captain Robert Puol proved the signature of the defendant to the
contract, by which lie undertook to go the voyage in as short time
as possible. Witness has been engaged in the fishery ; never at
:Sandwich Islands. Has been in this vessel 1817 and 1018, and
stowed away 310 tuns of oil. Saw the vessel when she went on the
last voyage She was made more capacious, and able to hold from
20 to 25 toas more. The tiller was taken out of the gun-room to
make more room. The main and fore batches were made capable
of receiving more than when witness veiled in her. She had mine
new casks and tanks. sufficient to hold 320 tuns of oil. The ap.
paratus is mile.. the dry works, and ought to be allowed to remain
on deck till she came to the Channel, to give a chance of filling
those water casks, which may have become empty, with oil. She
was a fast sailing ship. The veiled might have made the voyage
in two years. A. portion of the oil is called black oil, arising from
a fault in the boiling. If in a cargo there were forty tons of black
oil, it must have been badly attended to. It is the master's duty
to superintend the boiling. Supposing the ship at the Sandwich
Islands, preparing to return home, three weeks would be more
than sufficient time to prepare. It is nut of the voyage to go to
Rio Janeiro. The expense of the delay is about thirty shillings
s.day at the Sandwich Islands. Twelve tuna of water would be
erfough for the peesage home from Juan l'ermandez.
Cross-examined—lt is not usual to call at Rio Janeiro from the
Sandwich Islands. Has been to the South Seas nine or ten times.
It would certainly not be of much consequence to have the vessel
stored for nothing at Sandwich Islands, as provisions are cheap.
Examined the vessel before she set out. She was altered to take
more than the previous voyage. There was more accommodation
in the gun-room for oil. The chain cable was stowed round the
windless. Witness brought home 276 tuns. It was rot usual to
stow oil upon deck. If the vessel is full below deck it is a full
cargo. It is not usual to stow provisions upon deck. Once made
the voyage in 17 months. There is a bounty given to the ship that
bringe the largest quantity of oil. The plaattiffs have told him that
they got a bounty for this voyage.
Mr. Seageee T.—My Lord, the bounty is given to the first ten
vessels who return with the largest cargo within three years.
Witness re-examined.—There were tanks on board, which would
enable her to tiring more than when he commanded her.
Kobett Stubbs sailed with captain Starbuck on this voyage as
articled clerk to the plaintifint. They sailed in January 11122.
They began to fish when they had been about three months at
Patat Head, where they remained three weeks. Defendant bad an
uncle up the country, whom lie visited for five days. They then
went to the Gallipego islands, and stayed eleven days, that they
might *et turtle. They then went to die coast of Mexico, and then
to the Saudwich Islands, where they stayed three weeks, for the
purpose of replacing their own boats which Lad been lost. They
then went to teennieg's Island. On their passage they caught a
small whale, which made fifteen barrels. On their return to the
Sandwich Islands they caught nothing. We remained there live
weeks. It was about October, and it was then they took a female
on board. They were refitting the ship and painting her. There
was no occasion to stay there all that time. The girl was about
aevetteen. She remained on board eight mouths. During that time
they fished. The young woman became pregnant. During that time
they had been to Japan and returned to the Sandwich Islands. He
yaw her on the Sandwich Islands, and she was still in a state of
pregnancy; witness lag not seen her since. They remained on
that occasion two months, at the end of which they took on board
the King, Queen, and suite; there were also oxen, hogs, poultry,
&c. ; there were twelve natives altogether. We first went to Rio
Janeiro, and stayed there three week" ; there would have been no
occasion to go. had not the King. Queen, and suite been oa board.
They put in there for Water. They took on board about JO tuns at

they had heard his evidence, which, if his instructions _ not de-
ceive him, would completely overthrow the case of the plainutf.
This was, to say the least of it, a hard case for the defendant. He
had been in the service of the plaintiffs for several years and the
plaintiffs have not only not paid him for the long, laborious, and,
he should prove, meritorious services, but not even the expenses he
had incurrid for the ship. Ile should state the case to them as t rid
by a witness who was now abroad, but had been examined upon in-
terrogatories. The only reason that he could imagine for this action
was, that the defendant had applied to the treasury for a com-
pensation for hie services -at the very time the plaintiffs
were doing the same. It was to vent their spleen that
was then originated that this action was brought. The
plaintiffs at first expressed no dissatisfaction at the King and
Queen of the Sandwich Islands having been brought over. The
Learned Gentleman then comme'tted upon the case,and insisted that
no delay was made out. Ills Learned Friend, proceeded he, had
laugifed at the idea of the female having been of use on board the
ship. Now, he did not mean to introduce it as part of his case,
but merely because it had been alluded to, to cast ridicule on the
defence. Any body, however, who had visited those counties,
must be aware how keen a sight the natives had, as indeed was
proved in the case of this woman rho had perceived whales at a dis-
tance which had been taken in consequence. ll'ith regard to the
quantity, he should prove that they did stow in on the fishing ground
nearly :i9O tuns ; the defleiency, as he 'lseuld prove, incise from
the leakiness of the casks. With regard to the return to the Sand.
with Islands, whirls had been said to be to pat the girl on on shore,
he should prove, by the evidence of the surgeon, that the crew
would have perished had they not returned. He did not mean to say
that it was right to take this girl on board, but the Captain had as
much interest in the success of the voyage as the owners, and the
expense would have made the defendant suffer as much as them-
selves. With regard to the King and Queen of the Sandwich
Islands having been taken on board, lie should prove that the pro-
visions of the vessel were exhausted, and the offer was made them
to find them in provisions gratis, on condition of taking them. Not
only that but another vessel, the Princess Mary, belonging to the
same owners, had been provisioned gratis. This fact had been en.
tirely withheld: With regard to the browning of the oil, he should
prove that it was occasioned by the whales having been caught too
fact. lie should not now make arty general observations as it was
so late, but he should convent himself with relying upon the evi-
dence he should produce to them.
The deposition of John Mackay was then read. It stated that
he considered the cargo brought home to be a full one. The vessel
touched several times at the Sandwich Islands, for refreshing the
crew, as is usual. On the voyage one of the boats was stove. They
afterwards lost their fore top-masts and others, besides four boats.
To go to the Sandwich Islands was the beat place to go to to repair
these losses. They there got boats. After detailing various pro-
ceedings of the ship till the girl was fetched on board, the deponent
said that the Captain attended to his duty as usual, even after she
had come on board. After the voyage to the coast of Japan the
ship's company were very unhealthy, and if they had not rr.
timed to the Sandwich Islands the greater part must have diet'.
Alrhen they got to the Sandwich Islands fresh provisions were
very scarce till the King and Queen came on board. Six oxen,
several hundred hogs, and a number of poultry came on board.
It was necessary to touch at Rio Janeiro, but witness did not think
it was necessary to stay so long. When the ship arrived in Eng-
land he saw the cargo, and did not think it injured by the voyage,
though considerably diminished, as is generally the case. Catch-
ingwhales too fast will turn the oil black.
The deposition of Wm. Brooks was then read. It confirmed
that of the preceding deponent, and also proved what the Attorney-
General had said concerning the Princess Mary.
Joshua ‘Villiams was then called.—Witness was surgeon on
board the Aigle; after the boats were (oat the Sandwich Islands
were the best place to go to; no man could be more active titan
the Captain during the voyage ; during the time the young woman
we.; on board, the Captain never once, neglected his duty ; before
they went to the Sandwich Islands the last time, 19 of the crew
were ill of the scurvy, and the remainder very unfit to do their
duty. They stopped at the Sandwich I-lands seven or eight
weeks when they took the King and Queen on board. The time
they stayed there was requisite to restore the health of the crew t
theme of the 19 were sent on shore who were worst, and the others
afterwards ; in his opinion the Captain stopped too long on the
fishing ground, and witness advised defendant to go to the Sand-
wich Islands sooner titan he did ; several of the crew were unable
to do their iitity before they left the whaling ground. In the latter
part of the titre they were on the whaling ground, they were not
able to lower more than three buts on account of sickness; witness
also assisted in the boa's ; the Princess Mary belonged to the same
owners, and came to the Sandwich Islands whilst they were there.
Live stock was on hoard the Princess Mary as well us the Aigle
the live stock furnished provisions for half the voyage; some of
the sick people were unable to walk when they were sent on shore;
at the time they arrived at the Sandwich Islands the last time, they
had a full cargo of oil ; witness assisted in the boiling of the oil ;
the reason of its turning black was the length of time they were
obliged to keep the whales by them ; in consequence of tine bad
weather the sea came into the pots, which turned the oil black ;1
the Captain paid every attention to the boiling of the oil; the
Captain often staid up a great part of the night, and indeed took
too much labour ; does not thank that any other man would have
paid such attention to the interests of iris owners.
Cross-examined.—Does not know the Captain's age; it might
be about thirty. Was not surprised to see the girl on board—two
were on board the previous voyage. On the last voyage there was
only this ore. They staid at Owhyee about seven weeks. The
men that first went on shore were there five or six weeks. Never
has told Mr. Knight that the ship was not full. Knows Mr.
Champion, Mr. Knight's clerk. Do nt recollect to have said to
hiin that there was room for more oil if the Capt. had chosen to
have taken it. The ship brought home VuO tuns the previous
voyage. The ship was crazy, and they pumped up oil along with
the water. There was oil also pumped up at the Sandwich Islands
on this 'voyage, for the casks leaked. Knows nut what quantity
of oil they had when they left the Sacdwich Islands. Do'nt know
that site was rendered by her repairs capable of taking more oil.
Was not in the gun room during the voyage home; but under-
stood there was none, from the Captain. They saw whales after
they left the Sandwich Islands.
Ite-examined.—There was a bin for bread in the gun-room, but
no tanks for oil. The tanks that were there the former voyage
might hold three tous. There was great quantity of fresh provi.
sions on the return.
Joseph € parks was on board during the last voyage. Every
exertion was made by the Captain ; he always went out in the
boats himself, and superintended the boiling both day and night.
Before they left the whaling ground the vessel was full of oil; when
they left the whaling ground the crew were in an ill atate of health.
The woman beir.g on board did not interfere with the Captain's
duty. witness saw a great quantity of fresh provisions sant on
.bond the Princess Mary.