The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-20 00:00:00

THOIMON •. LIAM

This action was brought against the owner of the
Imirgate Coffee-house, to recover the value of a
quantity of wearing apparel, detained by the De.
fendsot under the following circumstances :—Some
time inlet% the Plaintiff, accompanied by a persim
of the name of Gibbon, set up at the Defendant's
horse. They messed together, and at their own re-
quest slept in • double-bedded room. They re-
mained at the Defendant's house for three month.,
ut the expiration of which period, when their bill
amounted to 40/. they went away, the Plaintiff's
property being left, as part security for the debt.
They staid away for three days, when they returned
again, and took up their residence with Defendant
for a short time, after which they left the Coffee-
Muse all together, the hill remaining unpaid. The
Plaintiff soon afterwards sent for his clothes, &e.
tendering '251. for hie portion of the bill. The De-
fendant refisied to give up the property, miless he
was paid the entire bill, observing that it was all
nue deopantl. 'rite Plaintiff contended that he was
only liable to half the debt, and that the 251. which
he had tendered, more than covered what was due
by him. Ile therefore brought the present action
to recover the value of the property.
The CHIEF JUSTICE expressed a doubt, whe-
ther, under these circumstances, this could be con-
sidered oilier than one entire demand. The
t be Nonswiled now—but he would wee
leave 10 move the Court to set that 'wand, aside.
and enter a verdict for the Plaintiff, should the
Court be of opiii ttttt that his directions were wrung.
Plaintiff nonsuited.
CANTER V. SIWELL.

Till* action was brought to recover the sum
of Gil. 17s. far goods sold ■ttd delivered. The
Plaintiff is a quill.merchaut, and the Defendant a
travel hog stationer, whom he had supplied with
goods to the amount of 61/. 17s. The Defendant
put in tyro pleas ; first, the Statute of Limitations,
mod twat, that he had been discharged under the
Insolvent Debtors' Act. To these the Plaintiff
entered a replication, denying the plea of the
Statute of Limitations, and setting forth, that,
though the Defendant had been discharged under
the Insolvent Debtors' Act, he had renewed his
liability, by promising to pay, since his liberation.
It was proved that application had been made
Err the Moen to the Defendant, within six years,
and also that he had promised, since his enlarge.
flew under the Insolvent Debtors' Act, to psy
the Plaintiff SOL as soon as he could get that sum
from his friends, and that he would pay the residue
by three hills.
Mr. ScwaLErr„ for the Defendant, contended
that this was a special promise to pay, and should
have been set out at full on the record.

The CHIRP JUSTICE livid the objection to be
gond. The Plaintiff must be nonsmiled—but he
would give him liberty to move the Court to set
abide the vonsuit, sod toter a verdict for 401.
Plaiutiff nutisuited.

COURT OF COMMON PLEAS, Genumazz.
Mosomr, Amy 19.

Sittings after Term before the CHIEF JOSTLES.

♦NDROS V. ANSTICS.

This was an action of trespass for an assault and
false imprisonment.
Mr. Serjeant VAUGIIAN, who stated the case for
the Plaintiff, said, that he was a Lieutenant iu the
Oath regiment of foot, who having served many
campaigns with his regiment in the moat creditable
awl honourable way iu India, and having fallen into
a bad slate uf health in that climate, had left it to
return home in the East India Company's ship
Bony Porcher, of which the Defendant was Cap.
tain. He contracted for his voyage from Bombay
to January of the preceding year. He was to have
the privilege of the cabin, and the sum paid was
about 4201. The Government allowing 1,500 rupees
to defray the expense of the passage, and the
Piasniiff having himself added esoL The vessel
had riot proceeded far, when a dispute arose he-
t veen the partie,4 growing out of complaints against
the steward by the Plaintiff, which it was unneces-
sary to go through, although it ended in personal
en.lerice ; for, on their arrival at St. Helena, the
Plaintiff was cluillenged by the Defendant, the latter
erg-ging to supply powder and ball, they met, and
tired three shots each, without any injury, when
tie seconds ii.terfered, the difference was made up,
and she Plaintiff thought the affair, with all itscon-
aequences, was at an end. Under that impression
lie returned on hoard to complete his passage home.
I:: the same ship a Mr. Wharton was returning from
Labs as a charter-party passenger, a gentleman of
cultivated mind and high literary attainments, being
grandson to Dr. Wharton, the Master of Winches-
ter School. and grand nephew to Wharton, the ce-
lebrated poet. This gentleman had written a letter
to a friend in England, in which he described the
reccontre at St. Helena, between the Plaintiff and
Defendant, and represented the latter as the ag-
gressor. On more mature, consideration, how.
ever he had judged it prudent not to forward the
letter, and did not. Like many others, not sent to
their destination, the letter was carried by Mr.
Wharton to a. certain place, and there deposited,
arts: bring applied to a certain purpose. Captain
Anstice, however, had collected the torn scraps
(rot iu no other way could he have come by theini,
though far from being io a delicate itate, put them
together, ■nd made yet the purport of the writing

they contained. Accordingly orders were issued to
Mr. Wharton not to walk on ((Eck, nor to the
quarter-gallery, of which he had made such a had
use. Previously to the orders. Mr. Wharton.
who* talents and acquirements were such
as to render him • desirable and valuable
:acquaintance to any Gentleman, had formed a
very strict intimacy with Lieutenant Andrew,
and was reading on one 'cession in his cabin,
when an order came from the Captain that he
should leave it. Lieutenant Andros heard the or-
der with astonishment and anger, and said he would
!'not suffer his friend to obey it. In consequence, a
letter was shortly afterwards delivered him from the
Captain, stating that as he had disobeyed his orders
himself, and had incited others to du the same, un-
less he caused Mr. Wharton to leave his cabin, he
was to consider himself as confined to his birth.
With the indignation natural on such an occasion,
he wrote a reply, •vying, he had not the strength
of Hercules, but that he would certainly resist, as
far as he could. the exercise of that undue autho-
rity the Captain was neauming ; that as lie had
paid for the cabin, it was his own while the voy-
age lasted, and that he had • right to receive in
it whomsoever he thought proper. On reading this
communication, proceeded the Learned Counsel,
the Captain let him know that there he had the
strength of Hercules. He immediately had him
seized, placed two sentinels before his door, and
shut him up close in • space of skout eight fret
square, where he had barely room to move, it being
nerdy filled with trunks and • bed. It was to be
recollected, that this regimen was prescribed for
Iris client under a very hot climate, when he was in
• bad state of health, when good air and some de-
gree of exercise were peculiarly necessary. and
after he land been particularly directed to
make use of a cold bath. Ile was debarred
of all these things, and confined in a room,
the wily apertare to which, besides the door. was
one of twelve inches by nine, one too generally
obliged to be kept shut, at which times it was 'ac-
cessory to keep a candle lighting. At length
Lieutenant Andros, finding his strength wasting,
and his constitution sinking under the rigours of
solitary confinement. addressed the Defendant, said
requested some relaxation in the system, on the
'Tore of his health, and to be allowed to enjoy a
little air and exercise. He was indulged in his re-
quest, on some severe conditions, so far as to be
permitted to walk two hours on deck every evening;
but be was kept a prisoner till the day he was landed
on the English shore. The Learned Counsel then
proceeded to detail the other parts of tlte evidence ;
observed, that the conduct of the Defendant could
neither be excused nor palliated ; and hoped that,
fur the honour of both services, and the sake of
justice, the Jury would mark their sense of its
arbitrary stature, by awarding the Plaintiff damages
commensurate to the injury.
William Johnson, a seaman of colour, on board
the Henry Porches.. was then called and examined.
Recollects receiving orders from the first mate to
take and confine Lieutenant Andros on the Bth
April, four or five day." after leaving St. Helene;
the chief mate (Mr. Wallis) came and told him to
go down to the third mate for a cutlass, and to
take and confine Lieutenant Andros to his cabin.
and not to let him go out any where except to the
quarter gallery : went with another sailor in quest
of Lieutenant Andros, ■nd found him in Mrs.
White's. the paymaster's widow's MOM. in coma
pony with her and the other ladies : said to him
he was sorry it was his duty to tell him he was to
go to his cabin and be confined ; he asked for
slut ; witness replied he did not know, but that if
he did not execute his orders he should receive three
dozen lashes. Months. another sailor, went with
him to take the Lieutenant ; lie also had a cutlass ;
the Plaintiff went with them. and writhe** remained
as sentry on him four hours. when he was re-
heved ; Plaintiff continued in confinement till they
reached England: after three weeks he was allow.
ed to walk two hours every evening from six till
eight o'clock by himself on deck at the lee-side ; a
sentinel used to attend to guard him.
Cross•era•ti•ed.—The sentinel who attended
the Plaintiff used to sit down, but kept the Plain-
tiff in sight always; Colonel Mourne, Colonel
Frith, and many other offace►s, were on hoard.
Joseph Ryan ezonsineeL—Nan in the Plaintiff's
cabin when he was brought in, guarded by the sen-
burls. The cabin was the smallest in the ship ;
there Were trunks in it, besides the bed, which
scarcely left more room than to turn round. It had
one small dead-light, which was always kept closed
when there was any breeze on the tester. The room
was so dark, that candles were in general necessary.
The cabin was only cleaned when the Plaintiff
went to the quarter gallery. He remained in con-
finement till they arrived at Portsmouth, which
was the 10th June. He was that marched by a
sentinel to the gangway, and put on hoard a boat,
after every other gentleman had left the ship. Be-
fore he was confined. Plaintiff used to mess with
the gentlemen in the cuddy; afterwards by him-
self; and for the first week his victuals were served
very badly; meat, bread, podding, and vegetables, '
were all sent on the same plate. After that week
they were pin on separate plates. The cuddy
passengers were entitled to claret. A small com-
plement of wine was sent to the Plaintiff; but wit-
ness does not know whether he had any claret.
Cross-eatasined.—Could not say the cabin was
the worst in the ship; it had Venetian blinds : was
aware that port was used by the gentlemen; knew
that Madeira, brandy, and water, were sent to the
Plaintiff; and did not recollect that any thing was
refused him, which lie desired to have.

Mr. Graves, a part owner of the ship, proved the
payment of the 1.750 rupees by the Plaintiff for his
passage. and that he was on his passage with a sick
certificate ; be also proved the hand-writing of the
letter from the Defendant to the Plaintiff, which
was put iii and read. This was the Plaintiff's case.
Mr. Serjeaut Coria then addressed the Jury on
behalf of the Defendant. He was astonished after his
Learned Friend's opening statement, that he had
closed his case there. Why had he not called Mr.
Whartoa as a witness, who had taken so prominent •
part in the affair, who had been subpoenaed, and who
was now in Court ? why had not some of the many
officers of high rank on hoard been called ? He
did not mean to say that his client had been just'.
fled in continuing the Plaintiff's cos.finement so
long as he hid, but he should contend that he most
certainly was so in the first instance. Stich provo•
cation undoubtedly had been given at first as to

• . .
call for coercion, but still the offence might have
been mitigated by a proper apology, and every al-
lowance was to he made for the feelings of a 'watts'
in cominand, when his authority had been resisted,
and such concession obstinately refused. The real
state of the case• was yet to he explained. Mr.
Wharton, whore learning and attainments his Learu-
ed Friend had so eloquently described, was, in
fact, an inferior officer of the East India Company,
and he had been sent home some time since fur rais-
conduct. He got leave logo out again, and repeated
his misconduct, and that in such a way that he should
not shock the ears of the Jury by detailing it. He
would not abide a , Court-martial in India, and in
consequence was put on board the vessel in question
to he conveyed to this country. Being ■ very
plausible man, he won upon the humanity of the
Defendant to permit him, though a charter-party
passenger, to mess with the midshipmen, nod lie did
enjoy that indulgence till they refused to associate
with► bun any looker. He was then let down, and
went to mess with the boatswain's crew ; there he
misbelieved again, and was sent a step lower to the
common tailors between decks. During all this
time a singular intimacy prevailed between lain and
the Plaintiff, and he was constantly in his cabin.
At length orders were issued that Mr. Wharton
should not walk wherever lie pleased about the ship :
after that he was one day in the steerage, where he
had been prohibited from going, and the chief mate
ordered him out of it ; he left it, but went to Lieu-
tenant Andros and told him, on which the latter
said, " Follow me, and let me see who will prevent
you," leading the way to his cabin. Some of the
inferior officers remonstrated in vain. Mr. Wallis,
the chief officer, interfered without any effect, on
which lie was compelled to report the circumstance
to the Captain. The Captain was at that time at
dinner in his cabin, in company with several of-
ficers, entirely ignorant of what had been going on ;
lie appealed to the Gentlen►eu present, who were of
opinion that he was bound In all means to preserve
the discipline of the ship. He wrote a letter to the
Plaintiff requesting that Mr. Wharton might leave his
cabin, but the Plaintiff flatly refused. Coercion then
took place, and if the Jury would consider the si-
Nation of the Defendant, they would sec that It was
justifiable and necessary. As to the subsequent
part of his conduct, though it was not perhaps
so capable of am excuse, they should yet bear iu
mind the pertinacity of the Manilla*, and the state
of life of the Defendant; that he was a sailor, and
a comniander of a ship, accustomed to the exercise
of that power, without which it would be a hope-
less attempt to secure tranquillity and good order
among his crew. When tory took those circum-
stances into consideration, he was persuaded they
would think that very trifling damages would meet
the justice of the case.
A letter from the Plaintiff to the second mate,
after his confinement, was then put iu and read.
Amon, other matters it said, th it " Isis (die De-
fendant's) teeth might cha•ter, and his tongue blis-
ter, in anticipation of what lie would suffer for his
conduct in Old England."
Some other letters were also put iu, not very
material.

Mr. Watts. the third officer, woe them called •ed
ezassised.—Mr. Wlnuton's proper situation, he-
lot a charter-party passenger, was before the mast,
he had no right to go belitod. Gave him order-, by
the command of the Captain. never to come into
the steerag--s•w him coming there the Bth April.
ordered hitii to go away ; a:ler a little hesitation he
did go; but in the space of three ur foist mi-
nutes Lieutenant Andros came down with him
again—said in • thunderii.g way, ,4 Now follow
me, and let me see who will stop you," and took
him to his cabin ; witness sent to Mr. Wallis. the
chief officer, to let hint know whit had occured ;
the crew at the time were slot very orderly.
Cross.ezamined.—W us tun on good terms with
Lieutenant Andros at any tune during the voyage
nor since.

Mr. Henry Swan Graves Percy corroborated the
statement of the last witness,.

Terence Kavanagh. steward, examined. —Was
in a birth, and heard Lieut. Andre. address himself
in the manner above stated to Mr. Wharton. " Hal-
loo I" says Ito carpenter, "if here isn't a breeze
coming on, ra be d—d ; I'll go and see what
it is." Witness then described the Plaintiff and
Mr. Whartost's entering the cabin of the former.
P. Wallis, the first officer, remembered Mr.
Wharton. He made ►eprrsenta' Mar through witness'
to he allowed to mr.s with the Midshipmen ; he did
obtain permission, and continued to do so about
a month. In consequence of quarrels taking place
between the Midshipmen and him. he requested
witness to permit him to go to mew between decks.
Dol permit him. Witness then described the Plain-
tiff's taking Mr. Wharton to his cabin ; sent his
compliments to Lieut. Andros by Mr. Mackay.
the Midshipman, that the Captain's orders were,
that Mr. Wharton should lint he there, and desired
he would send him away icstatitly. The same Gen-
Ileum) brought him back the Plaintill's ; in
coniwqtsence reported the case 11. the Captain, who
was at diluter. When Mr. Wharton had been half
an hour in the cabin, sent a second time to sly, it
was contrary to the regulations ; it hail no effect ;
consulted with the Captain what was bra to he
done; he went into the caddy. and when he came
out, said he was under the necessity of putting
Lieutenant Andros in confinement ; the ship was
not at the time its a state of gond discipline ; the
Captain wrote an order of arrest, which witness for-
warded immediately ; at the close of the voyage,
the Plaintiff's health appeared as when he came on
board.

Another letter was then put in and read, dated
April 29. It was addressed by the Plaintiff to the
Defendant, sod stated that r the ill effect of con-
finement on the health of the writer, lie found it
necessary to request some relaxation in its seve-
rity, without which lie doubted whether lie should
ever be able to reach England, and to take those
steps to redress himself, which it was his firm deter-
mination to pursue, if life wua continued to him.
The Defendant's answer was also read. wherein he
regretted as much es the Plaintiff that the unavoid.
able confinement to which he wa• subjected should
injure his health, and said, that on producing a
certificate from his surgeon. he had no objection to
allow him proper exercise. on the condition that he
would confine himself to the lee side of the quarter.
deck. that he should hold nu communication with
Mr. Wharton, and that he thdtild return peaceably

•
.
to his cabin at the expiration or the time limiter,.
A. to the hour. it should be that which should best
suit the Plaintiff's convenience.

The Plaintiff in his answer, which was next reed,
said, he submitted to the conditions, not volun.
tardy. but because he was a prisoner, arid had no
choice. The hours I.e preferred were from seven to
nine. The Captain might issue what orders he
pleased, and he should suffer I self to be reeon.
ducted to his prison. The examination was re.
mimed; the hours were altered from six to eight.—
It was in consequence of a most abusive letter which
hail been found of Mr. Wharton's, that the orders
were issued against him.
W. Aldridge, a midshipman, corroborated the
testimony of the last witness.
Lieut.-Colonel Monroe and Lieut.-Col. Frith
were called to prove that tine course taken by the
Defendant had been recommended by the Gentle.
men at dinner with him, but their examination
was riot proceeded in. The litter said there was
uu appearance of personal hostility' in the Defend.
stint towards the

Lieutenant lisbnigunt had told the Plaintiff that
Mr. Wharton was out a prosier person fur I to
associate with.

Cross-exassined.—lle said that merely because
he did not consider it becoming of an officer to as
with a cha►ter-party passenger.
Maary. • Linear, took the plate down to
the Plaintiff with the bill of fare the first day after
lie was confined; he threw the latter at his head,
and told him he might bring whet he liked as he
would give no orders. Witness has brought him
at times three quarters of a bunk of Madeira.
Mr. Windle the steward, said he had received ;oar-
ticular orders to supply the Plaintiff with whatever
be wanted.

Mrs. White was called. but not examined.

Mr. Setjeant VAUGHAN replied.
The CHIEF JUSTICE charigvti the Jury, ho, after
about twenty minutes delilterati 111 l found a verdict
fur the Plaintiff—l/images 5901.

POLICE.

.11.. DOW MINIM.
HOUSE-BREAK ERS.

Ow Smithy morning, suon after one o'clock, as John Up-
ton and William Shires, two of the petrol belonging to
the olßce, were on duty in the Coty-road, they observed
Stephen Harrison and Miami Solomon, two well-known
bad characters, they watched them fur some time, and sem
peeling them to be out at that time in the awning for the
purpose ofeunernitting robberies, and as they were proceeding
on their way towards Islington they seised and secured them.
On searching them, there was footed epos Harriette sr iron
crow (an instrument generally used in komis-bresking) and
two picklock keys. After lucking them up in the watch.
house, the patrol proceeded to Harrismis lodgings, in a
humkept by his another, where they found several boodles
of old keys, amounting to shoot 100. They also fussed be-
tween his bed and the seeking • masher of smaller keys.
The Prisoners were corannitted as rouges and vagabonds.

SH EEP•STEA LERS.

A botcher, residing is the urighbourhood of Spits!fields,
was brought to the office in consequesice of private info,.
matioo, ea unpick's of being one of the sheep stealers who
was detected a few 'sights since with four sheep in a cart me
Muswell Hill, by lzard, one of the patrol belonging to the
office, when he winningt iahumasly wounded with bludgeons
and a cutlass, which the robbers wrested from the patrol.
He nitrides, yesterday iu a very disabled state, from the
effort of his wounds, avid declared that the Primmer was
not ooe of the rubber.

lILTTON-0112DICII.
Yesterday a young man, Anise Pturnbegtos, was charged
by George Williams, a watchunaker, of 137, Otd-street,
Lake's, who stated that, on the 3d instant, the Primate
came to his house to loot for employment, and stated that
he wise native of Liverpool, that his parents were dead, and
trade being so Clark there that be was necessitated to come
to London to look for embitterment, sail on hi■ explaining
his deplorable condition, he took him upon trial, without
any reeonenteodation. The Prisaoe► remained is his em-
ploy tumid the 1 lib when he absconded, and shortly after
he toned that his drawers bad been broken open, and two
watches, one of them silver avid the other gold, and a gold
ring, stolen therefrom; he immediately got bills printed and
stock op oboist the city, one of which being at 35, Sobo.
square, a bombe of rendezvous for the East India Company's
service, the Prisoner coming there to offer himself as a re-
cruit, be was immediately taken op by the landlord of the
bowie, and an account sent to the Complainant, who imam-
disk ly went and brought an officer with his, who took the
Prisoner into custody. The Prisoner confessed that he had
pawned the gold watch at a pawnbroker's fur twelve pounds.
He was committed for re-examination.

ft EWGATE AND LEADENNALL MARKETS.
(by the Carcase.)
Beef .... Se 10.1 In 4e 10.1 I Seal 4. 44 14.5 e IA
Kuno... 4. 44 In Ss 4NPork.... 4l 4.1 In Si 04
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