The British Press; or, Morning Literary Advertiser.
London, England, 1826-05-26 00:00:00

POLICE.

MANSION.HOUSE.
IMPORTANT TO SHIPOWNERS AND CAPTAINRCNARGE
OF WILFULLY DETAINING A SHIP'S REGISTER.—An in-
formation was laid on the statute 6th 6eo. IV. cap. 110, sec. 27,
against Robert Shewan, Captain of the brig Diana, just arrived
from the coast of Africa, the owners, Messrs. Williamson and
%Yawn, who attended with their Solicitor, before Alderman
Lc VAX. The Captain said he was not guilty.
'. 111 r. DOBLER, jun. stated, that the Alderman should be inform-
ed how is happened that the Captain appeared before him. The
ship was vent from Liverpool to the Isles de boss, on the coast of
Africa, last year. Soon after her arrival there, the then Captain
died, and after him the mate, and the nest in command. No Offi.
ter having been left in the ship, application was made by the con-
signee of the cargo to the Naval Officer on that station, for sonic
person to navigs.te her. The Officer had no person to whom to en-
trust this charge. The consignee of the cargo was therefore obliged
to select sonic person himself to undertake the duty • and Captain
Shewan, master of a vessel in that part of the world, accepted the
command. Ills name was indorsed on the Register in the regular
way. Ile brought the ship to London ; had reported her in the
Custom-house, and exhibited his payers and the Register to the
proper Officer. The Captain had disbursed considerable semi on
account of the ship, and amongst other things, to take up fresh
hands to assist in navigating into the Thames, on account of the
sickness of part of the crew; he had sent his account to the
Owners, and was ready to verify it by vouchers. The Owners
offered to refer the account to two brokers, to which the Captain
had agreed, anti he therefore considered himself entitled to detain
the Register, until the matter should be (settled.
Mr. COTTERELL said there had been a wilful detainer of the
Register, after a recuest to deliver it up to the proper officer.
Alderman Lucas desired to see the Act of Parliament, and he
carefully perused the section on which the information was founded ;
after which

Mr. COTTERELL proceeded to the examination of a witness.
Mr. James O'Leary, of No. 13, Mincing-lane, merchant, de.
posed, that he knew Mr. Williamson to be part owner of the brig
Diana. Was present when Mr. Williamson called on the defend-
ant, and required him to surrender the Register. The defendant
said he would not give it to any person. Witness mentioned the
penalty ofa refusal.
Mr. If onctit asked the witness whether he was an officer of his
Majesty's Customs?—The witness replied in the negative; and
also admitted that no demand had been made by an officer of the
Customs in his presence.
Alderman LUCAS then asked the defendant several questions,. to
which answers were given to the following effect :—He had, on ar-
riving in London, accompanied by the con‘ignee of the cargo here,
gone to the Custom.house, and produced his Register and Mani-
fest; and had, by the written direction of the owners, carjed the
ship to Fresh.wharf, to unload.
Mr. COTTERELL then observed, that the Captain was subject
to the penalty ; as, on his arrival in London, he had been dismissed
the command, and therefore had no right to detain the Register,
after the request had been made. As to the Captain's account,
it had been sent in, but not accompanied by vouchers.
Mr. NOBLER objected that it had not been proved that the de-
tention was " wilful:" there was no evidence that the Captain
had refused/0 deliver up the Register to the proper officer. Until
a refusal to him, there was no ground for the owner's complaint.
Mr. COTTERELL said, he had shown the detention to be " wil-
ful," as the demand had been made by the owner, and not com.
plied with.
Mr. Williamson, one of the owners, said he had repeatedly re-
quested the Captain to deliver up the Register, but without effect.
Alderman LUCAS asked whether the Captain had signed bills of
lading for the delivery of the cargo.
Mr. 11011tER said he had; and that fact furnished him with
another objection ; for until the cargo was delivered the Captain
continued Captain, and was entitled to hold the register for all the
lawful purposes of the ship.
Mr. COTTERELL said the cargo bad been consigned to a person
with whom it appeared the Captain was in league.
Mr. l)esborough, solicitor of the consignee, said that he could
not be correct, for the consignee advanced him money on account
of the ship, and it was agreed that his accounts should go to arbi-
tration.

After some further conversation, in which it was stated that the
owners had, vi el arnai,, got possession of the ship, and removed
her from the wharf, and that the Captain had, by similar means,
redeemed her,
Alderman LUCAS said, it appearcd to him that, according to the
Act, there must be a " wilful" detention of the register. Now the
Captain had complied with the law on arriving in London. This
must have been correct, for the ship could not be allowed to be
cleared if it were not so; and the lawful occasions of the ship had
not been prevented. The Captain, by having signed bills of lading,
was personally responsible for the safe delivery of the cargo as vr, II
as accountable for the freight; for on landing the goods he was enti.
tied to recover the freight for which he had to answer to the Owners.
The Captain, therefore, could not be considered as dismissed from
the command of the ship until the whole of the cargo wasdelivered.
The Captain might take the indemnity of the Owners against any
consequences ; but it was at his option to accept of the indemnity.
This was bis view of the case t but if the parties ph.!sed, they
might wait to get the Lord Mayor's opinion next day. He (Alder-
man Lucas) considered himself bound to dismiss the information,
and he at the same time handed the register to the Captain, and di-
rected him to be ready at all time; to produce it when required by
a Custom-house officer.

We uhdcrstand that the Captain was taken into custody two or
three days before, on a werant by the Lord 3layor, who, when
the defendant came to the Mansion-house, late in the afternoon,
with the officer, required hits to shew the register. His Lordship
then impounded the register, and kit the Captain at liberty on his
parole.

GUT 14DI1 A LL.
Mr—lttonmene, the landlord of the Axe, in Grub-street, ap-
peared, in coteuquence of a quantity of razors, clothes, hair, rail
and tooth brushes, a large heap of curls and tails for lawyers' wigs,
Mr. Sergeant Spankie's silk gown, and other articles' all stolen
from a hair.dresser's shop iu the Temple, having been discovered
on he premises.
Hawkins, the mershalman, stated that the shop of Mr. Darby.
near the Cloisters, in the Temple, was entered by means of false
keys on sunday night, and property of considerable value carried
off. Upon information that some person in company with Mr.
Montague had offered one of the stolen brushes for sale, applic ttion
had been made at this office for a warrant to search the public.
house, but it was refused because the parties were not able to make
out a sufficient ground. He however afterwards accompanied them
to Mr. Montague's, where permission was given him freely to
search every part of the house, and in one of the lodgers' rooms he
found the mass of property now produced.
Mr. Montague, in answer to some questions from the Aldirman,
said the room where the articles were found was wholly occupied
by a man named Williams, who came there to lodge about a fort-
night ago. He received him without making any inquiries after
character. On Tuesday he met his lodger in V. hitecross-street,
who asked him if he knew where he could sell a quantity of brushes.
He introduced Williams to a Mr. M`Donald. Williams had not
returned since the marshalman'a visit, of which he was no doubt
aware..

Mr. Sergeant Spanhie's gown, and another belonging to a Bar-
rister, were ordered to be restored immediately, but the rest of the
property was retained for the present.

BOW-STREET.
Yesterday Thomas .11f•Kensnian, William Archer, and James
Ilardinz,the three men who have been twice betimes examined
on suspicion of being concerned in the burglary at the Hon. Henry
Stanhope's, Ilan's-place, Sloane.atreet, were brought up for a final
hearing.
Morris informed Sir R. Birnie that there was no other evidence
forthcoming, when
Sir IL Iberia said, that there was no material circumstance
stated by any unsuspected person, corroborative of the testimony
of Tonics, and without some corroboration his evidence was not
worth a rush. Ile had, according to his owo showing, been last
in possession of the property, which was the produce of the bur-
glary ; and he must be detained until further inquiry could be
made.
Several persons, whose houses had been broken into and robbed,
were in atteudace to look at the prisoners, but no one could iden.
tify them.
They were discharged, and Tenks was remanded till Tuesday
next. Sir R. LitRNIE signifying bit wish that Mr. Stanhope should
then attend, as it would be desirable to know whether or not he
had made any promise to Tonka before he brought the stolen pro. ,
party to him.
Wm. Williams, the youth suspected of the burglary in the
house of Mr. Harrison, printer, Bedford-street, was again brought
up ; and there being no further evidence against him, he was also
discharged.
HATTON-GARDEN.
Crtnrotra CASE.—Yesterday Thomas Turk, a blacksmith, who
was tried at the Middlesex Sessions for an assault no his wife,
the very day of their marriage, and on a second indictment for
beating his wife's father, came Wore the Magistrates of this'

office, to solicit advice he, to act under the following extraordinary
circumstances :
Turk stated, that, however violently he might seem to have
acted on his wedding-day, yet his wife's subsequent conduct had
fully justified his jealous suspicions with respect to her; for ever
since that day she had been living with another man, a black.
smith, and one whom he ever esteemed as a true friend. But
the fact was, they only wanted to make him a convenience, by en.
trapping him into the marriage, she being then supposed to be
in a state of pregnancy by the other. Since the trial he had heard
nothing about her, except that she was living in a house in Monk-
well-atreet, Whitechapel, with her paramour, who it seems treated
her with great severity. However, on Tuesday evening, whilst
he was out at his work, the unfortunate woman was brought to
his lodgings a corpse, site having poisoned herself in a fit
of despondency, on the preceding day. The body was enclosed in
a common shell, and the men who brought it said that the
I landlord of the house where deceased committed the rash
act would not suffer it to remain thcre, and had sent it to him
for burial, as her husband, the paramour declining to pay the ex.
penses attendant on the funeral. He consulted with some friends
as to how he should act, and was given to understand that, as the
marriage had never been consummated, he could not be considered
responsible as her husband; but, notwithstaniing all this, he
could not bear to see the remains of a woman for whom he once
entertained a sincere regard lying unburied, and he went to an un-
dertaker's, for the purpose of having it removed ; a new difficulty
was then started, for the poor woman, having lodged in the house
previous to the marriage, had contracted a debt of 81. or 9/. with the
landlord, and when the undertaker's men came to perform their
office the landlord laid s detainer on the body, and would not suffer
it to be taken away until his demand was satisfied. The applicant
added, that it was with great difficulty he could make up money to
pay the expenses of interment, but the discharge of the debt was
altogether out of his power. The body was now lying there, none
of the woman's friends having come forward to interest themselves
about her; and he (Turk) wished to know whether the Magistrates
could direct him how to act ?

Mr. Sergeant SELLON—Do you mean to say that the woman
committed suicide ?

Turk—Yes, your Worship, I have been informed that she
swallowed poison.
Mr. Sergemt SELLOW—Then there shou:d be a coroner's in.
quest summoned, to inquire into the cause of her death.
Turk—l have been told that there was a Jury summoned for
that purpose, but I am not certain that any inquiry has taken
place, and I confess 1 have myself some doubts as to her death.
Mr. Sergeat. SELLOx—We can du nothing for you ; if you can
ascertain that a Coroner's Jury has not sat on the body, you should
go to the parish officers and consult with them ; they no doubt will
advise ynu how to act.
Turk—But, please your Worship, if the landlord would allow
it, I would have the body decently interred for humanity's sake.
The Magistrates. however, observed, that justice required that
the case should be thoroughly investigated; and the Coroner, when
the Jury was satisfied, would make the usual order for interment.
Turk said lie would follow their Worships' advice and retired.