The Sun.
London, England, 1808-04-01 00:00:00

'witness observing tiptin the inyropriety of his con-
luta,. he answered; thrtt—h:, could not look et cry
Icl,
vay.
...The witness then said; that it was pLinieukr-
1 y Daly's, duty to foot( ottt:, Or. qv, bolt, as the ti.
,was strong 41)4 the 4ight ,(tark, ;That upon this. the
witness reported his coududt to Liemenant .Grahrml,
ithe cotunlanding, officer, who immediately'ordered
him under in arrCSt, fa which he eoptinued fill
.Copt, flolles's return to the Ship, Mil e& was,about
flu, Ist of '..N•lay. Thlt on his being ordered by-Capt-,,,
Rolles.ttiquit the ship, he'said to the witness, " this
is a Very iinplea,rint business." The witness said he
iwas , sorry fof it : Daly said, " I hope Mr. Peed
yen are a Gentle Man, and that we shall have-an 6p-.
porthnity, of settling this business ashore in a More
hand Some way." This the witness also understood
to mean, a challenge. ' That Pearson returned on
board with DalY,' and said that he would not. men-
tion any Ship to. which he would go on which the
.Captain repeated his orders to Pearson to take him
on hoard any ship he chose to name ; and- if he
would not name a ship, i 6 take him ashore, or
wherever he (Daly) thought ' tit.-0,6 his cross-exa-
mination, he said he believed at the time of the dis-
pute with Lieut. Eaton, he had gone, doWn for his.
'<Treat coat, it having rained. That it is contrary to
°the discipline of the service, when superior officers
are walking the quarter-deck, and conversing on
dnty, for an inferior officer. to cross over from the
other -side of the deFk and interrupt them, unless
on duty, or to answer a question. This witness
concluded his evidenee by staling, that he would
have accepted an apology had Daly offered one, and
he would have communicated the same to Captain
Bolles for his consideration. _

LieUtenant-Thomas Graham, First Lieutenant of.
'the Lion, deposed, that the Plaintiff came on board
from the Greyhound frigate, on the passage from
Prince of Wales Island to China ; that in a short
time afterwirds he observed him to be negligent in.
his duty, and diii'espeathl to- his Thlicersi that.
during the passage, which was only of, a few weeks
continuance, he received repeated complaints froth
the Lieutenants
,of the watch .of his' neglect of duty
and contemptuous behavioiir towards them ; that
he had also heard Captain Bolles reprintand,him
two or three different timez during the same period;
that while the ship" Was lying in the Canton River,
and during the Captain's abSetice,• he. (the Witness)
on ;,ietn. Peed's complaint of Daly's miscondua,
and from the repeated other complaints he had had
• against him, found himself under the .necessity of
putting him under an arrest, tehing him at the same
time that: if Capt. Mlles, on his return, found the
complaint 1.1 founded, he would certainly (as he
had declared to him (Daly) at the time he came on
board he would do, in case of his mi,behaviour),
turn I)im out of the ship, and he said that he could
not have brought hint to a Court Martial until the
ship's arrival in England, which was many months
after.

Mr. Todd, Mhlshipman, deposed, that on its
being reported by Mr. Pearson that he'had left Day,
on the, beach, he was ordered to go ashore with the,
beat and offer to take him and his chest on board.
an)' ship'he chose to go, and tell him that if ho staid
he would be robbed or murdered ; that he re-
fused -to• go; saying, 1‘ You see, Todd,, the sittia-•
tion i in; I have no money or clothes that.
there was an boat at the Oace with
dbotit half a dozen men, and that it was a bad night
With thunder And rain.
Captain Richardson, of the Albion East India-
man, deposed, that Mr. Daly citric, on board his
ship from the Arnistou, another Last India. ship
that he 'understood he slept one night On the Island;
that he took nothing of hint for his passage to Eng-
land, but the. expence of his mess might be-from,
301. to 601, supposed also that ho Made the Boat-
swain the usual coMplime.nt for (he use of his cakin,.
Which he was accommodated with during the voy-
age, and whiCh. is shoat 351. that the inhabitants
or Lintin are' Chinese, and that there is no danker
froth the Ladrones during the time the ships are
there.
'The Learned Judge (Mr. JustiCe HEATH), in
most cools and -dispassionate address to the :Jury,
pointed out the nature of trespass, '&c: COOll-
- of by•theiPlaintitf, which, he observed, the
Defendant had been well advised in .not attempting
to justify, as it was impossible it could be justified
in law, but that he had adduced a great number of
fkkits in mitigation of damages.- He then recapitu-
lated. the evidence on both .sides-; in going through
which he remarked how highly 4isrespeaful the.
Plaintiff 'k;' conduCi was in the case ot Lieut. Eaton,
and that, every body must understand his language
to-Lieut: on that occasion Io be. a: challenge;
that it Was a. very heavy crime indeOe Old, 110.1)4-
sub W-t to the punishrne!?tofAcath ; that
his Condu6t in the other instances proved by Lieut.
Peed was also highly improper and disrespeettnl,..
and einifrary to that decorum and gyodorder.whien
ought to be preserved in a I(ing',s, ship; and that
upon the whole his conduct had been egtremely
re-
preltensible, and, for, 'which he might have been
brought. to a Court 'Martial. On the.. other band;
the Defendant, instead ot proceeding regularly,.had
thought' .:proper to Put the Plaintiff -ashore in a
dangerous sittaation, in the midst of thunder,
And the ships.mere, about to sail. •The expellees of
the Plaintiff 'a mess, :S.:C. ought to be taken at about
851. and the Jury would coniider what, further da,
nines he was fOirly intaledto, considering all the
circumstances of aggravation and cuitigation.—fle
Jury found a. Vordid for the Plaintill, with 450 j..
damages.

Last night between s:a and seccn o'clock; as Mr.
bray, builder, of George-street, GTOsVenor-stpitire,
was returning in, his gig from West End, Hanii-
stead, the hots,: took -fright and ran of with hirn
between Kilburn Wells and the I-lilt House, pai,ed
Mr. Gillow, of Oxford=stretit, and another Gentle-
Ilan do horeback, extremely frightened, and com-
plained of his inability to stop tthe animal. On
corning up opposite Mr. Vlarvin's farm, he made a
spring from the ,back part of the-chaise, but unlor-
tunately.pitehed on his head, and was killed on the
'spot.. He .Ites at the Portman Arms, Paddington,
for the inspection of the Coroner.