The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-09 00:00:00

THE lIRITIS4

HIGH COURT OF ADMIRALTY, Jvws &

CI7IIEUFORD V
This was as action brought by a seaman on board the Honour-
able Rest India Company's ship Lowther Castle, to recover corn.
pensation in damages for a severe wnipping inflicted upon him (for
alleged improper conduct), under the orders of Captain Barker,
master of the ship.
The vessel was lying off Canton when the alleged misconduct
took place, arid the circumstances had been submitted to a Court of
Inquiry, consisting of the several officers of the British ships then
lying there, who examined into them, and directed the seaman to
be flogged. On his arrival in this country he instituted the present
action.
Lord STowELL, in delivering the judgment o( the Court, oh.
served, that the Captains of vessels were warranted in applying
bodily punishment to an extent commensurate to the offence. In
this case it appeared that the plaintiff was employed in removing,
some logs of timber on board the vessel, and which he did in so '
idle and slovenly a manner as to draw on himself the laughter of
the rest of the crew. On being remonstrated with for doing so, he
refused to altar his conduct, and made use of several contumelious
expresaions against the Captain, as well as the service in which he
was engaged. This was an aggravation of his oftnce.„ and the
Captain resorted to the usual method in such cases, namely, to in..
Ititute a Court of Inquiry, who, by the rules and regulations of the
East India Company, were competent to inquire into them. They
did so, and also heard evidence that the general conduct of the
seaman was extremely indolent ; and that on several occasions he
had acted in an equaUy reprehensible manner. 'the Court of In-
quiry, taking into view that conduct, were bound to consider this
not as an isolated act of inruhordinatioa to the lawful authority he
was then under, but as parcel o. a system of conduct which might
eventually lead to mutiny and the total loss of the ship. His
Lordship, therefore, under all the circumstances, was not prepared
to say the punishment inflicted was more than the plaintifftleserved.
The master was justified (taking the demerits of the case into con-
sideration) in acting as he had done. He was therefore dismissed
from all further obscrvence of justice in this case.
SPECIE FOUND AT SEA.
Sir C. RO/11$60N stated this to be a use of a quantity of ipecie
found by the Integrity, Walker, master, in a vessel abandoned on
the high seas. Os behalf of his Majesty, he prayed the judgment
of the Court.
Dr. LUSUINGTON, on behalf of the salver, stated that the ves-
sel was found derelict by Captain Walker, who boarded it, and
removed from it a chest containing about eight hundred gold coins
and two gold watchce, also two dozen of claret, and a variety of
smaller articles. Not being aware that there was any law which
required that goods thus found should be paid into the Registry
of this Court, he proceeded to divide the booty among his crew,
after the proportions in which prise money was allotted on board
his Majesty's navy. On reaching this country he learned he had
done wrong, and immediately made all the restitution in his power,
by paying into this Court the share reserved for himself, being 450
gold coins and two gold watches. The beamed Counsel hoped
the Court, under these circumstance', would not only abstain
from inflicting any penalty, but also award him a proportion of the
booty.
Sir C. Ron tsrsost said he should not oppose such oom'rse.
Lord STOW ect, under all the circumstances of the case, decreed
to him a moiety of the coins and one of the watches.
VEXATIOUS ARREST. _ .

At the rising of the Court the Proctor for the Admiralty moved
that a person then in custody of an officer for an offence against
the Admiralty laws should be taken into custody of the Masahal of
the Court, until the petition which had been presented by him
respecting the ease should be decided on by the Lords of the
Admiral' y.
Lord STOWELL—What are the circumstances
Here some discussion arose on the subject between Sir C. Ro•
Et attOw. the Kings Advocate, and the Proctor.
The Proctor for the prisoner then stated that his name was
Rickard, that he was owner and Captain of a small vessel belonging
to Fowey, in Cornwall, and that he had been taken into custody
under the following trivial circumstance:—On the lit of March
last his vessel was coming into the harbour of Fowey, and, as was
usual, was boarded by a pilot to bring her in. The crew of the
weasel having teamed the pilot had been that morning married, and
wishing to do him all due honour on the occasion, they hoisted
piece of red ribbon, under which they gallantly steered into port.
This occurred in the open day, and without attempt at concealment.
The officer commanding the revenue cutter there (the Sprightly, we
believe), however, immediately boarded the vessel with some of his
men, and demanding to see the Captain (the prisoner), he was told
he was on shore. He was however sent for, and, on reaching the
vessel, he explained the circumstance to the officer, who indignantly
directed the ribbon, or broad pendant, as the officer termed it, to be
pulled down, and represented the whole affair, most likely, in such
glowing terms to the Lords of the Admiralty, that proceedings were
instituted by them ; the result of which was, the warrant had
been issued, under which he was arrested at Fowey, on the 21 inst.
and had been dragged here from his home and business. A petition
was presented to the Admiralty yesterday, with an affidavit of these
circumstances, and that they occurred totally without the prisoner's
knowledge, which he thought would induce them to drop the
proceeding.
Lord STOWELL directed the prisoner to be taken into the cus-
tody of the Marshal, and desired that no time should be lost in
bringing the matter to Issue.