The British Press; or, Morning Literary Advertiser.
London, England, 1809-09-21 00:00:00

COURT or JUDICATURE.

K Ammo°, ■ Kistmudglear—Plaintiff..

lieeteunsi-Coloorl T.T. HA iIICTT--Defendant.

This was an action of assault, battery, and false-
imprisountent, in which the Plaintiff complained of l
en assault, &c. on the tith of Nov. 1807, and of
an imprisonment frutri thence to the 28th January,
; and laid his dimmers at fioo dollar*.
Defendant pleaded not guilty, and justified the
wets, as Commanding-Officer of the 20th regiment
Bengal Native Infantry.
It appeared iu evidence, that Plaintiff. who was
waive of Bement, hired as a servant to the De-
fendant, in OM, to attasid at table as 111.111111.111Ut1.
t4liar; that he was flogged with a rattan two or
three tiiies. by the DelCntbasit's orders, and at
lesigth complaitoed to the Police
.Magistraustswhis at
that time exercised a jurisdiction within the *hod.
under certain regulations passed by the Goveruer
and Council; and who ordered that the Der-Admit
should pay the Plaintiff his wages, and discharge
him- diat the Plaintiff, on his return, *as, by De-
fentlanes order, flogged by claslites„ and received
twenty stripes more, awl was, at different times,
put in the guardhouse, and imprisoned by site De-
fendant's orders, in all, for near three months: and at
length, on the 18th Nov. 1807* was brought, by the
Plaintiff, on the public parade, and, after two se-
peys had received corporeal panisliment, under the
sentence of a court-martial, Plaintiff was, by the
Defendant's order, tied up, and received 100 lashes
with s cat-o'-nine-tails, in consequence of an alle-
gation, made by the Defendant, that lie had tni-
ducedhiecharneter, by representing him as a bad
master—but Plaintiff was not tried, or sentenced,
by any court-martial.
Alter the exainieation of several witnesses, on
both sides---Sir E. 5T...M1.6Y was clearly of niesiiets,
that Plaintiff bad a right to a verdictCbis was
an act which could not be justified by the Mutiny
Act of 27. Geo. 11. or the Articles of War framed
under it, or by the Native Articles of Wei., which
had been selected, in the year e7e6, tinder the di-
rertion of Sir B. Abercrombie, when he was Com-
mander-in-Chief, and pramulgeted -by the Go-
vernor-General in Council, and which, li believed,
was the Code by which the native troops were con-
sidered to be now governed. It was an act con-
trary to the usage of the army, and repitgnent to
every principle of justice: no man' was subject to
military jurisdiction, but an Officer, suldu.r or se-
poy, or some one connected with the army ; nor
was any offeuce cognisable by the inilitari tribu-
nal, or within its jurisdiction, but by some act
which was a breach of military duty, or a neglect
of military discipline ; and in no case could city
person, as he conceived, be subject to military pu-
nishment, except in comequenee of a trial, said the
acuteness of a court-martial; but the Defendant
had undertaken to be licenser aid judge in his own
cause, and iudicted military pauiehment. expressly
contrary to the Articles of War. It was true,• tins
was an act done before the Charter of Justice had
been promulgated here, am' before this Court bad
been evtahlished ; but vet the Charter extended, in
terms, to civil injuries which had been Bust:lined, as
weft as to crimes that had been committed be-
fore the charter; and as punishments had been iu
certain cases indicted fur the one, he could siot say
that civil injuries; should net also he redressed ; al-
though, under certain limitations, where they were
safely done before the charter was proclaimed; the
(object of the charter was to protect the mums from
oppression mod injustice, and he should sheave con-
sider it his duty to their persons, IlLerne,,
and properties, wit/I:dsane watchful care :is he
should the best European or British subjects ; how-
ever, as this cure had happened before the charter,
and the law might not be so generally known, he
should not give as large damages iu this case, as he
should have done for &similar iujury. sf it bad bees
recently committed, or since the establishment and
introduction of the British laws; iu apportioning
damages he must also take into consideration all
the circuinstauces of mitigation, as well as aggro-
station. the state of society here, and the descrip- '
tion of persons of whom many of the inferior classes
were formed ; and also the pecuniary circuinstanees
of the Defendant. which were represented as being
Carron' affluent moderate damages would hare ail
the effect of making the law known, aiid of pre-
veltisig sinsilar practices its future; but if such an
outrage upon the laws should ever occur again, he
should think it his duty to give very lame damages
Melee! ; in a former case mintiest the Defeudant—
of a trivial nature, compared to the present—lie had
mitigated the damages to 20 cholera ; in the pre-
sent, he would give 130 dollars, which, though
small, he trusted would have the effect of pry-
Tenth% such practices in future. Plait.Ctf could
not be considered under the description of a camp-
follower, as the army was in cantonments in time of
peace; and the offence, if any, was only cogitiseble
by the Cieil Magistrate sod the Civil Judicature
which then etisteJ here ; but, if he was to be eon-
sidered as felling under that description of persons,
who were subject to military law, he should have
been tried by a court-martial, before such a public
punishment was inflicted upim him ; mid the act
itself hariug been ordered by an othecr alto wag
acting 111 judge in his own cam*, for a supposed
injury done to himself; was, he conceived, isejte-
Verdict for Plaintiff-130 Spanish dopers, with
costs.

The Merioovlieep,Spatosh nhrphertl., awl ,tor.,
have rettornell from Kaasiustoo Gardens, to St.
Jatuea's )'ark.

-

NAVAL ESTE LLIG Ir. VC: -
t
ruitTsltoLltM, SLltr. It,
Arrive.), being driven in 1,3 freJi witiolN•taiti mutt
again in the evennig, the Chrfitio3 71h, of 74 guns,
Sir J. Yorke, and Warrpite, 71 emit, top.. lidialei;
shim Milled, 011 a cruise, the Sallmltion ui.w,p t.l *at.
The Kent is relettiteit f
Witt. out cuneoy fur North Americo.

PLYMOUTH-DOCK, app?.'lB.
The Conflict gnu-brig, with Mr. Nbiler, the
Itlesreisprii and the Jeleast sloop of war, for 4/11-
ford, which railed last evening, have botu returned
to-day Irons the severity of the weather, the wind
blowiiig a gale trout the S. W. We bear that vie
dispatches relnte to the lintish forces being lame-
itiately strengthened in Portugal.
Arrived the Tosprmr„ of BO ;vans, 'relieved off
Roth. fort by the of 74; also the Amelia,
of db. Hon. Captain Irby, from the court of Spain.
The• Bury cuttri, has recaptured mut "cent tit here
the Hazard, from Quebec, laden with timber,
which had been raptured by the I.i-fencer 1...e..th
privateer.
Sailed again the Jake", to Ili: tv. ate tad.
suttotnictc, .rt• Ft. ISt.
This morning, about nine o'ektk, in my r.
sons on this pier were ItighlyAndined by the fop
lowing instance of humanity and activity of our
boutmen:-.-A sailor Junking through a teleaeopJ
en the pier. sae a boat at eel, wearingly euoub.
toward, the harlioar. when he perceived her
soddenly ,upset at about three miles distnuee;
liattly gave the alarm. and' the ,Vile Items-
gate boat, Wilkintion. master, in a nomuctit mancyd -
and put off, with is great press of sail, tortheir assist.
tome, at the imminent danger of bring tlhm.rhes,
overact, as there wit. a Errs' brirlf4e.
deruble scud. lie Alit fertilltsittlly
tittle to rave the 1,,,rs of every person behlogitia to
the boat, nine in I:uttilwr, CIZ• a liente.imit, in 1
shipnian, oral seven seamen, beltoigia4 to the
Diana frigate, in the Downs. But for the prompt
assistance of the Rtns.gate bout, no donut some
must have perished; there was a good deal ols sea.
They were all, including the Lieutenant, who has
but one arrn,preserred and put ou shore at RA intlete.
We hope that this laudablr attention of the boat-
men, in saving so many valuable live* Will be pro-
perly represented to the Lords of the Admiralty,
loud we trust their humane efforts will Out go un-
rewarded.
We have the pleasure to state, that many of the
sick lantled at this port, n few days shire, frmu
Flushing, are fast recovering. The whole number
landed here was übotit two lisindteu; a few only
of whom, who were at the lust gasp when they
landed, have since died—the wounded, f••r the
roost part, gettiog better. Ws are autfmrized in
stating, that the siironler uusong these poor men is
not infectious; ague and lever are the prevltiliug
111AM:ea ulnoit4 the sick herc, from is Mill every
hope is entertained by the medical that
they will speedily recover.

orm., %LE. r. 19.

Arrived the BitcepAalas, from Flust:ing, aid re-
mains in the Down% with Ye rei A: bansports ; also an
American brig, with the Imo. of hoth atichoraarnm
Margate Roads. Name ti..knowo. •
SAled the Mair.s fur :Veymiouth, and the Chat:
lever sloop of oar. On a cruise._