The British Press; or, Morning Literary Advertiser.
London, England, 1804-11-20 00:00:00

WM. as. Ace V. CUT. IPA TRIC Ilusur•

This was an aftion for an ;swat ant false im-
prisnenstmt.

It appeared that the Defendant was Captain of
the naie M mouse East Indiaman, and the Plain-
tiff had been his Cook upon a voyage to Madras, in
the year 1801. Whiie the ship was lying off the
Mother Bank, from some complaint made to the
Defendant, he caused the Plaintiff to be put in
irons, and confined during a whole night ; and n:xt
morning released him without assigning any reason
for what he hal donr. Soon after he sailed for the
East Indies, and nothing farther occurred until they
got into the Madras Roads; while lying there, the
Defendant gave orders to have a goose dressed sa-
vnury, and highly seasoned with sage and onions,
&c. which was accordingly done ; but the next
morning he set.: for the Plaintiff to come to his
cabin, and when he got him there, he brat him in a
most violent manner, cut his mouth, and otherwise
bruised and beat various parts of his limbs and
body; at the same time, as one of the Witnesses
stated, using mist opprobrious language, d—t
his eternal eyes, and swearing he would hazard his
life upon him.
Mr. Essaiwe, who ststed the Plaintiff's case, ob-
served upon the due regard which shoiild be paid to
the discipline on board ships of this kind, which,
unless properly kept up, the trade and navigation
of the country must necessney be injured; but he
contended, that nothing tended to destroy that dis-
cipline, more than the violent conduit of surwrior
otliern, ia the brutal exercise of that command
which was entrusted to them.

Mr. ADA 64, on the part of the Defindant, made a
very able address to the Jury, in which lie fully co-
incided with the sentiments of his learned friend,
Mr. Esse:me, on the subjeCt of preserving subor-
dination and discipline upon such long voyages as
the Delentiant Wilt accustrinied to make. Ile then
adverted to the evidence as given by one of the wit-
nesses,g whose deportment was noelkl to ether correct;
e
and observed. that the verdift chi* tided upon
the credit which the jury should be inc ' r fled to give
to those witnesses, which, in this case, he conceived
to be extremely doubtful. The Defendant pleaded
no justification, which he might have done, nor did
he examine witnesses, but left the whole to be de-
cided by the verdict of tile jury.
Lord Er.ssuosanotmit observed to the Jury, that
thefaa of the assault being uncolitroverted by any evi-
dence on he p mot the Defendant, however doubtful
the general evidence of the witnesses might be, they
were bound to find a verdiet for the Plaintiff; but
he ca ul.l rot suppose, that any man of a common
liberal elucation, much less a man of the Def-nd-
ant's nation in life, could Slake use of exprev.ioni
of the brutal import of the words put into the mouth

I

,

416

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,A.WI

4

of this Captain ; upon this part of the evidence
could not help saying, it appeared that the tale h:
been coloured, and highly varnished.
'rile Jury retired for annat twenty minutes ; aft
which they returned a Verdi.% of 501. damages f
the Plaintiff.

RANSOLPH S. STEELE.

This anion was for money laid out and expmded.
Mr. GA snow stated the case of the Plaintiff, who,
he s tid, was a respectable Attorney, residing at
Bath, and the Defendant was a Captain in the army.
who, having gone to that place, was arrested for
debt ; and being :in utter stranger, without money
or friends, the Plaintiff tank compassion on him.
and prevailed upon a friend of his own (Colonel Ogle)
to join him in giving hail to the Sheriff, up on the
promise of the Defendant to put in Lail at bar wh
he should go to town, to which he was repeatedly?!
advised, but negleaed to do. Proceedings were fit
consequence had upon the bail hood, aitaimic all
&lice ; and the debt, which was originally but 4sl.
odd, was increased to the sum of 1341. 3s. 5.1. which
sum the Plaintiff was under the necessity of
out t his own pocket.
T:ii, statement was corroborated by the cei
of Colonel Ogle and Mr. Bachelor, the azto,
who had commenced the original suit against
Steele, and afterward: had prosecuted their"
ings on the bail bond.
On the part of the Defendant, Colonel
brother, and one Piskworth, were prod
former stated, that his brother, the D 0_
a bill of 1001. to the Plaintiff to get discounte4 fc
the purpose of paying his debt, and els.) a gratuit
of 201. for himsei, as a remuneration for his:trot&
in transafing the business ; the balance of Mi. hi
the witness, received from the .Plaintiff, who.
the same time, told him his brother had rewarck_
him very handsomely for his trouble.
Pickworth also stated several conversations -
he had with the Plaintiff, relative to the busi
who always acknowledged he had received
sum from the Dtifenclaut.

----i

Mr. er A kkOW 1/I.ltie a very able speech to evi.l
dente; and Lord EL LEN 110 SIOL:G11 gave a short
chars,: to the dark, in which he observed, th
there was no contradidion 'the %alimony of ,I.
Colonel Ogle and that of the last swilness:s.
LLB•
The Jury, without hesitation, found a Verdi
for the Defendant.
—......._
COMMot4 PLEAS. Off••
Andrew M'Mahon, Esq. prisoner in Newgate,
was brought into Court, under the Lewes' Aid.'
He stated in person to the Court, that he did not
intend to take the benefit of that Aa ; and tbat his.
reatan for serving the notice to that cite on
opposite party With because he found it a
possible for a poor debtor as he was, to hir:
brought up in any other way. He then • be biipl4
been bred to the profession of the law, an had Watt'
a barrister in Ireland for fourteen years, and *es
now of sufficient standing to be called to tie English
liar ; that he had been many years married to had,
King, widow of Sir Anthony King, whose near r-
lation, Mrs. Malvillion, dying, she became, as
1 I kin, entitled to a very considerable lam
about which there no Wag a very. heves" wit
pending, in Dodoes Commons, and the error
expence of it had reduced him to the situati
which he now stood ; he did not wish, by being
charged hum the execution, by virtue of which lit
was now confined, to avoid paying the money to
poor woman, the Plaintiff, as he acknowleig
was fairly due by his wife, she having rid- o.ote t.
lodge,' in her house; but that she ashottld take
and better security, than the confineabent of his per •
son. The security of an eminent bank.. au the city
had been offered, and the refusal was to hi,. an ex-
traordinary circumstance. He did not know where
.t poor woman like the Plaintiff could possibly._ •
money to persecute him in the manner site had; ,
less it was advanced to her by those to whine
would be very convenient that he should remain ia
to
custody.
il
Sir JAMES MANSFIELD asked what fad he had
SE.SEe to the Court, to induce them to set aside the
execution, and discharge him from confin. mein ?
Mr. M.Malion ausweied, thefe had been two evil
ecutions issued out against him : the first was •
stied three weeks after the Holy Trinity. but th
had been withdrawn, and he never since could ti
out what had become of it; but a few Li.,ys ago a
fresh one was lodged. lie then moved his
ship that the Attorney should not be allowed to •
sue one execution, and on application to set it •
for irregularity, to issue another. •
Sir J• mss MANS! [LLD said, he did not compre.
bend how he was situated, but advised aim to lay
his papers before Counsel, and let liken state to this
Court to-marrow, by affidavit, how Mr. M.Mal
hon was situated. "If," added Sir JAMES, " we sa
redress you in any way the law allows, we will ; b
I would advise you to make up your mind wheth
you will come up under the Lords' Ad, or de;
on setting aside the execution; it you c-nse u
under the Lords' A n to receive the sixotoices, you
acknowledge the validity of the executiou."