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first ILeat Offieir of the Crown was engaged, Another Complaint
which he had to make was, that the pleedin gm were swelled to an
tumorous length with the view of naming the plaintiff with coats
at he shouldbe unsuccasful ; to a length which he would say was I
ten times greater than any special pleader of two wears ripe.'
nano would have extended them. The plaintiff had, however,
:aging anon the honour of military men, upon his conviction
a the truth of his case, and upon the conviction that military
10/0 would tell the truth, subpuened some, and he trusted that
the Jury would by their verdict support the plaintiff against the
supposed influence of the public sword and the real influence of
she Treasury, and 'find him, as much as in them lay. compen-
sation for those difficulties and embarrassments which had beset
him from the yr y moment that he had the manliness to stand
nap against the usurped and illegal exercise of military coo.
wad by the civil superinteedent of honourable dunces.
The deposition of Badge Redmond, an Earpore, was then put in
'evidence. He knew bob plaintiff and defendant. In 18Z0 the
plaintiff. was Lieut.-Colonel of the 2d West India regiment,
writ h which he was stationed at llonduise, where the defendant
acted as Civil Superintendent and Commandant. The defend.
ant was Colonel of the York Chaeseurs, and was in the belied
cu the deponent placed upon half-pay early in 1829, but this de.
apemen( could not say how or iu what way he had come to this
kenwledge. He remembered in the month of May 111•118„ that a
}eared' Feder was issued to attend a meeting at the Government
tacitase, Honduras ; that he attended the meeting, where the de-
talent purposed to the Garrison Officers if they acknowledged him
to be Commandant, and that the Officers unanimously asiJ they
nem saddled that he was l'ootmandant ; that the elainti6 refuted
so attend the meeting. on the ground that Colonel Arthur Inning
loan placed upon halt-pay, ceased to be a military man, sad
could not be Commandant, and that he (plaintiff) being then the
• 11,1130? o.:.eff in the Garrison, *as entitled to the command, that
tar plaintiff told this to all the Officers of his Regiment, but said
they might go to the meeting if they pleased. On that day the
placed!' was arrested by order of the defendant, and the command
if the attachment to Col. Lord, of the 2d West India' Regi-
na a hem sn order to draw torage for a horse asCommanding Officer.
At the meeting the defendant recommended to the Officer* to have
as little cornmunieatien as potable with the plaintiff. On that
eseimig there was a poade, at which all the officers term assembled,
and at thee parade the order of Colonel Bradley's arrest was read.
For tie Jail days Col. Bradley was kept in close arrest, that he was
under arrest altogether for about .en months, during which tune lie
*as deprived of allowances amountingto about 10s. per day, and
t;i which he was entitled as a Field Officer.
• After the conclusion of Mr. Brougham's address, certain depo-
'Mons w;re put in, containing the substace of the repredniations
made at Honduras by the defendant, relative to the conduct of the
plaintiff in the firemen muse of action. The Garrison Order. plat-,
• mg the plaintiff under close arrest, was also put in and read, acd
'also the command to Captain Lloyd mutat command of the de-
eachnient.
Mr. Baorcitam. called for the production of olden issued to ,I
the Governor of Ho:Auras in the years 1818, 1819, and 1820. They
were refused, and Lord Palmerston was called for thepurpose of
ascertaining the officer in VISAS hands such order were, and his
Lordship said that Robert Luckins had them in Court.
Robert 'Atkins examined —I was a clerk in the War Office in
ehe yeas 1814 and 1810. The York Chasseurs were disbanded in
.Augnah 1819. The officers were not immediately placed on half.
say, some not being no till they returned home. Colonel Arthur
was not placed on half-pay till early in 1820. I have the warrant,
dated the Ifteli January, 1820: the date of the warrant does not
mean that he was receiving full pay up to that time. On the 25:h
October,lBl9, be was considered on half-pay. The York Clim-
ates was disbanded at Quebec on the 24th August, 1319.
Creilmexamined.—lt is most likely that Colonel Arthur received
till pay after the month of August. The official communications
-would pass through Jamaica. Communication was made to the
Agent that be would be placed on half-pay at ad from the ;fit
Jan. 1112t1.
Rs-clisminol—Communications for disbandment are made
...banal+ the Adjutant-General to the Secretary at War. The coin.
nanding-offircer knows it by the fact of disbandment. The agent
knows of the disbandment. If it occurred is North America, it
would take two months before it would be known. At home the
agent would know of it withit, a week. l'ammunicatione arc made
to several public offices when a regiment is disbanded, but they '
could bet be called `• Circulate." With respect to the disband-
ment of mg:malts abroad, the Commander-in-Chief has the sr-,
:4011111MCIL
Sir Henry Torrent, examined —I have the returns from Hondo-
en for 1819 and 1820, made to the Adjutant-General's department
be the Superintendent of the colony, and I now produce them.
'l'te Staff Return of the 74th Augustal 819, states Lieutenant-Co-
tenet George Arthur ter be Commander, and Captain Noel, half-
pav, York Chaneurs, to be the Brigade-Major, station Belau;
aed a second return of April. 1820, contained tlaesame names.
Cross-examined.—These papers have come directly from Has.,
dims, and are signed by Colonel Arthur. I get the Returns in
timeliest* direct, and also occasionally through Jamaica.
ita-examined.---The monthly Returns have orders attached to ,
them, but I have none from Honduras. From Jamaica to lion.
darns I hose Returnsl but not orders given by subordinate offices
in subordinate situations. The half-yearly Returns will give all ,
the information which I can give on this subject. I produce a si-
trine half-yearly Return from Jamaica to the 24th June, 1809.
'Crossetaamined—The reduction of the regiment gold ass
erect Caked Arthur's military command at the settlement of
Emulates. •
Re.examiced by Mr. Boot 6114%31—His rank in dm diebeeded
regiment would be at en end. After disbandment he would have
al commis:no, unless he acted under some other order, or staff,
cornin6sion or appointment.
Crees-examin —Colonel Arthur held such an appointment by
sitter of his office of Superintendent of Honduras. The orders
tabed to regulate these matters were Oven in writing. Ile was re.
engaged as Supaintendant by the authorities at ham. The York
tatheeents were not at Honduras, and therefore Colonel Arthur
could not have a regimental command. He was, however, at one
vine a Major in the ?di West India regiment, but was promoted
in the York chasscurs before any of these transactions. If an
offing of kighte rank arrived there he could not supersede the in-
terior officer in command, without a reference to the proper au-
tamitlea ; nor could be Interfere with the commandant, but he
would have no right to command the eeperior. officer. An efficer
un half-pay can have no command. The Superintendant of Hon-
das'. though on half-pay of his regiment, would have a eight to
command any officer who might be there. General Fuller issued
the order foe his appointment. This order was nand in April,
1817. This order only related to Honduras. •
The deposition of General Conran, Commander-in-Chief at
Jamaica, in 1818, was put in and read : it admitted theSdisband-
inent of the York chasseurs, but could not state the period.
Lieutenant-Colonel •Freemantle examined—l was Deputy Adju-
tat-General it: Jamaica, but do not recollect seeing any order in
the Bader-book *hewing that the York chaaseurs were disbanded;
the Anny Lid would shew that.
Charles Martin examined—l am a clerk at Cox and Green-
wooer.; I know Colonel Arthur's inking • the paper produced to
Die Is his writing. I know early in IWO that the Yorlk chasseurs
toad been disbanded by communication from Colonel Arthur. The
tenor is dated in July.
The Loon Crone JUSTICT—We must take it, I think, that
defendant knew of the disbandment of the York Chasseurs in Au-
gust. 1819.
Mr. BROUGHAM here reopened to put in the letter of Col. A r-
thith. as Military Commandant, dated 15th February, IMO, to Ma-
lay Bradley, then President of a Court-martial.
The LORD Crater Jusoicx—All you can legally read is that
part of it which appliesto the exercise of defendant's authority at
that time as military Commandant. So much of it I shall take
dawn in my notes.
A letter of the 21th November 11120, addressed to Lima-Col.
Bradley from CuL Arthur, cummuniaming the announcement of
pamlinator befog granted Col. Bradley to sell his Majority, and his
therefore retiring from the service, was put in and read.
Tim order of 31.1.1) March,lB2l, releasing Col. Bradley from all
12= restraint, was read ; the close impe,sonment or meet eau.
in May, 1849, and ended on the 2d August following.
lime the case for the plaintiff closed.
Mr. ATTouexy.Oawxaae addressed the Jury for the defend-
ant, and stated, that on this occasion he would make no attacks on
ago, individual connected with the cause. He 0ta177 wished the facts
to-he plaid wadereteed on die part of the He took is
toe granted that Colonel Bradley bad well conducted himself, ex.
ceps on the occasion giving rise to this action; but Colonel Arthur
ould not here acted otherwise than he had done towards the plain.
tiff The defendant was an officer of great talent, and now em-
paged in a more dignified situation than he held before. Mr.
Brougham 'denied to express surprise that the defendant was de-
fended by the Treasury ; but what other cosine was left to be per-
wed P The defendant was the Governor of a Culuoy, and upon
his azepresertation the Government at home had acted; even she
dismissal of Colonel Bradley originated in his own representation
ua the transaction. The defendant was a public arrant, who had
properly dimafterwards harged his public duty. and was recognised
y the proper Authorities here. Why then tepees* surprise that
wee defendant should be thueirelieved from the expense attending
a oriel like the present? It was said that the pleadings here
were of immeasureable length; bin not longer than the cie-
auttietances of the case required. There were tiro counts in the
Jaclaration requiring two pleas, but the defendant's advisers
never wished them beyond what necinity called fur. The plaintiff,
in this cease, could easily state his case; but if the defendant was
not generally prepared to shape his defence AS circumstances re.
Naiad, considerable damage would semis to him. All that he
Led to do was, to prove that C 4. : . Arthur acted to the best of hie
jadgment, and that he was prepared to do. Cal. Arthur was an.
peeentendant of Honduras, and therefore the al ilitary I:ntratiander ;
Len Col. Bradley thought otherwise; and the ground of his so
uoing was, that the regunent of Col. Arthur was disbanded. Ilse
c.as the commencement of the.plaintiff's error. Col. Arthur re•
enved his conimiision fear General Fuller, then Commander-in-
f.:ad at Jamaica, in the year 1814, without any reference rheum
met to defendaut's regimental rank. The Commission was granted
to George Arthur ,
en
any allusion to any rank, and he con-
tinued to hold it when thesetranaactions took place. Col. Bradley,
Leftover, upon the dlebandnaent of the York Chasseurs, thought
peeper to assume the comenand. Communications took place upon
lac subject, and defendant wished plaintiff to write him a letter,
stating his claims, in order that they might be referral to that au.
tawny which would decide who was the right. Cu!. Bradley,
however, decided for himself, and was dismissed the service.
Calonel Arthur issued a garrison maw, requesting the at.
voidance of Colonel Bradley at Government House on the
dtld May, and (admit! Bradley issued a counter order., calling
ea the officers to meet at his barracks. Could any thing be more
umiak's, ? Aod yet, what was the condat of Col. Arthur ?
was it rash ? No; her Col. Arthur sent an officer to advise with
CiffeßesAley, betel! to no purpose,; and then Arthur took that
step which he was bound to tate. Subsequently Col Bradley ad-
Mated be had used wrong, mod by such admission justified CoL

Arthur. An act of disobedience, an set of mutiny was committed ;
and Col. Arthur • would not be justified in releasing Col. Bradley
from the arrest which he brought upon himself. In Honduras, of
all other places, obedience to the authorities should be strictly en-
forced, in order to affind the British Settlers any chance of safety.
So much then foe the first topic alluded to by his Learned Friend.
Then came the next point. and h was asked, suppose of
obedience, why continue Col. Bradley in arrest for mite months_
why not have brought him to a Court Martial ? The answer was,
there was no means of doing so : Col. Bradloeivere: a Field Officer,
and there was no competent number of to form a Court
Martial in Honduras. It was vaguely intimated, that he should
be sent elsewhere fur trial ; but that was impassible, and all he could
do was to send all the documents, to the proper authority at Jamaica,
which was done, and subsequently forwarded to the lime 11 uards.
up to ti,is point then, was there any thing wrong in the course
adopted by Col. Arthur ? Col. Wadley remained in arrest, as he
might yet be tried by a Ceort Martial, and he was allowed to be
a prisoner at large. But it was said. that after the notification
front his Royal Highness, he should have been instantly released t
Col. Arthur could not do so, because the notification to Col. Brad-
t ley was not officially addreased to Col. Arthur • but when the ge-
neral order reached him, Col. Bradley was rebated on the 30th
I March. Col. Arthur acted with no harshness towards the plain-
tiff.; he had no ill-will to him ;in fact, the conduct of Col. Atelier
was jwatifiable throughout all the case. The length cf the confit*.
went was not the fault of Col. Arthur, and the but moment Col.
Arthur could, in duty, release the plaintiffs he did so, and he could
not do so before. COI. Arthur had no alternative. Ile was desir-
ous. on the part of the defendant, that the whole of the circum-
stances should be known'; he had now stated thorn. and he felt
confident the the Jure would protect an honourable man who had
honestly discharged his duty tewards the plaintiff
31r. Bayley, of the Colonial 015ce, pnsduced the commission,
signed by the Duke of Manchester, appointieg George Arthur a
Major in the 7th West India regiment, to be the superintendent of
Honduras; it bore date in November. IHI3.
Mr. Knight. a clerk in the office of Cox and Greenwood, produced
a commission from General Faller, confirming that of the 'Juke of
Manchester.
Mr. Bn:oreHAlr objected, as the authority of General Fuller to
grant such commission was not abewn.
The Lotto Cut Jt sr ice—if then, be any legal effect not
proved by this, eau will have the benefit of it,
Sir Henry Terrens again called and examined.—l know from
official sources that Bennet Fuller was l'ominander-in.Chief at
Jamaica, and he had authority to make appointments, and confer
situations on persons having sufficient military rank. My opinion
is, that as Commander on a station, General Fuller could appoint
en officer on half-pay as well as full pay to a military situation.
Mr. Buore IlaPt—This is mere ma:ter of opinion.
The Loan Cutts' JUST Ice—You arc among back to the old
question of half or full par.
Lieutenant Webb examined.—l belonged to the 2d IVest India
regiment, and found Colonel Arthur as superintendent of' Hon-
duras when I juined, and after until 12r2. In May, 1820, I was
acting Adjutant, and on the 224 May I saw Msjor Bradley, who
dictated to me an order which I wrote; that order I returned to
him. Major Bradley, from partieular einem:nuances, assumed the
command, and the second paragraph of the under required the at.
tendance of all offices* at his quartru. It was signed, E. Bradley,
' Major, Second 'West India Regiment, Commandant. I chewed
Ilthe order to Major Lord, and asked his opinion, which he declined
giving. and I returned to Col. Bradley. I told him, under the cit.
' cumstancee I could not think of promulgating such an order, and ,
the Colonel said, be would put me in arrest.
A Juror—Why did you not obey your superior officer ?
Witness—lleceuse it was not my business to issue a garrison or.
' der, 1 only holding regimental rank. (In the next day I was at Col.
Bradley's quarter's, Major Noel and Lieutenant Willis came there
after guard mounting about ten o'clock ; Major Noel said he was
'desired by the conitaandant to require the attendance of Colonel
Bradley at Government House, and he refused to go. Major Noel
I then said he must put him in arrest, if he refused compliance, and
(blond Bradley soil refused: and was placed in arrest. Colonel
Bradley said be would not go, as he did not consider Col. Arthur
to be the Commandants He was confined to his house acrd
garden.
Cross-examined—No one ever saw the order but Major Lord 11
I attended a meeting at the Government House; the whole of the
garrison attended except Colonel Bradley. Ile put it if we would
obey him as commandant, and we said we would ; there are ow!
gardens to the houses, but a small railed enclosure. The voyage I
from Jamaica to Honduras occupies Eve or six days. and the other
way twice that time ; whey I left Jamaica there were a great many
officers there of all)ranks. The ordere generally came from Vol.
Arthur • I heard him say at the meeting that he had aeorunduion,
but be did not say from whom.
Lieutenant Willis exsinined—l acted as Secretary to Colonel,
Arthur in 11130 ; I recollect the meeting of officers on the 22d May,
at Government House ; it was convened by a garrison order ;
art, r that I went to Colonel Bradley with Brigade 31ajor Noel. The
witness corroborated Lieutenant Webb as to what passed upon the
rlae:lion, but added, that if Colonel Arthur sent for him (Vol.
Bulky) privately. be would attend. Colonel Bradley said it was
contrary to the King's regulations to assemble officers in such a
manner. Despatches were sent to Jamaica by the lint man of war
that palled, as I believe ; Major Noel was relieved from Honduras
and took letters ; I know of no despatches received from Jamaica
between Nor. HMO, and March 1821 ; it ass Major Noel's busi-
ness to annmunuate gunman orders.
Major-General Walker examined.--In the year 1820 I was sta.
timed at Jamaica, and for some time commanded the forces—from
11th June, IWO, to December in that year. I received despatches
from Colonel Arthur relative to the arrest of Colonel Bradley. My
answer is dated the 24th July. i transmitted the despatch to Sir
H. Taylor.
Sir Herbert Taylor examined.—l am Military Secretary to the
Commeatior-in-Chief, and remember to have received despatches
'from General Walker, inclosing despatches from Colonel Arthur,
which were laid berme his Royal Highness the Duke of York.
The appointment of C•lnnel Arthur was not revoked by the dis-
banding of the York Chasseure, and could only be by the Coos-
mender-in-Chief on the station, or by his Majesty.
Cross-examined—General Fuller could not give rank to a person
not in the army ; a half-pay officer is not amenable to a Court.
martial urilesaie have a Brevet rank, which can only be conferred
by his Maj...sty. An officer on half-pay, residing at Jamaica,
might be aletousted to command at Honduras, subject to the ap-
proval of his Majesty. In that use he would be subject to martial.
law. bemuse of his having n;ilimry responsibility.
The deposition of Major Noel, who is abroad, was read, and it
was in substance corroborative of the account of the meeting given
by Lieutenant Webb.
It was admitted there were were not a sufficient number of officers
at Honduras to form a Court-martial.

Mr. BiIOCGUAM then rose to reply, and stated that his case,
was untouched. He denied, first, the right to arrest, secondly,
the exigency for arresting, and thirdly, whether span the notification
of the plainriff b dismissal from the army, he should not have been
instantly released tram the arrest. The defence set up for the de-
fendant to-day was never dreamt of by himself, and was not sup.
I ported by the evidence they adduced. Ile spoke with all due re-
spect of the gallant officers who were this day examined ; but there
was an kimnsatency in their opinions, which made them of little
value. Colonel Arthur only acted in virtue of the appointment of
Germal Fuller, it not having been stated whether he had the au-
thority to coerce. it. But though he might have had such audio-
rity when a man was a military man, yet when a man ceased to to
PO, the authority ceased as well as the eligibility of the other party.
No man but the King alone had the power of making a civil a
military man; and the moment Colonel Arthur was placed on
half-pay he was no longer liable to martial law, and of course
nn longer to be regarded as a military man. The commission of
1814 was never shewn to the meeting of which they had heard so
much, and that was proof that Colonel Arthur knew he could
place no reliance upon it, though it was this day set up as the main
ground of the defence. Had this commission been shewn-.had it
been found to justify Co.onel Arthur in his command, there was
I not a shadow of doubt that much of what had happened would have
been fortunes* avoided. Colonel Arthur himself obsotred, that
if he were on half-pay, he would be reteved, as it was desirable'
that the superintendent of Honduras should have the command of
the King's troops. Now why make that admission ? but because
he knew that the moment be was placed on half-pay, that moment
he ceased to be a military man, and therefore unqualified to hold
the situation the authority of which he had assumed. But =ppm-
iug the right a arrest in Colonel Arthur, where was the exigency
to keep Colonel Bradley for seventy-three days in close emit in a
narrow room, mid sorrow runt, in that sultry and pestilential di-
mate? The law said, that in eight day* alter the arrest a Court
Martial should lave been held, or as soon afar as might be am-
venient, while here it was proved that no despatch was forwarded to
Jamaica till &whole fortnight after the arrest--why that delay ?
why the close confinement? why the retention in eantody for nearly
nine months ? How was all that met ?
. .

The LORD CHIEF J VST IC E —lf delay occurred, and that delay
was caused by Colonel Arthur's superiors, Colonel Arthur was not
liable for any eventual(onsequences to the plaintiff.
31r. Baotiotiam—Then take it ao —take it that all Colonel
Bradley
.suffered in his dungeon for nearly nine months, was not
to be visited on Colonel Arthur ; atili, there was Colonel Arthur's
del.; in sending the despatch to Jamaica, even if he had had the
authority to arrest in the first instance. 'With these few observations
he left the case to the Jury, satisfied that they would fairly dis-
charge their duty by an oppressed and meritorious officer.
The LORD CHIEF JUSTICE, in recapitulating ;he evidence,
observed, there were two questions to be considered here: the first
was, had the defendant authority to arrest? and the second, was
the period of imprisonment unnecessarily protracted? If the
idefendant was the superior military officer at Handutas, he had
the right most undoubtedly. Tne defendant had eseecised that
authority with the knowledge of the plaintiff—although it must be
admitted that the defendant did not well know on what ground he
continued to be in the chief command at Honduras. ,Tice evidence
of Sir Henry Tortoni went to show that a Captain.Commanslant
could not be superseded in his command by the arrival of a Oda
nd, until that Colonel showed a proper authority; and Si,- Herbert
Taylor was of the same opinion. In fact, all the authorities here and
that:, agrewd that the defendant was the superior officer, and there.
fire he (the beamed Judge) laid it down as the law that the fact
was do. Then came the question as to whether the imprisonment
was continued for too long a time ? The defendant had no means
of acnding a communication before he did, for that was by the limit
vessel that sailed, and therefore no blame could be attributed to the
defendant. Upon the first question the verdict would be fir the
defendant ; and on the second it was for the Jury to say whether
they believed the period of imprisonment to be unnecessarily pro-
meted.

The Jun consulted, and found a verdict for the plaintiff—Da-
mages lOW., costs 40v.
The Coutt rose at half-past five o'clock.

The Court of Common Pleas closed their billings on
I Thursday, having disposed of the Special Jury and Coin-
mon Jury cases at Guildhall.