The Sun.
London, England, 1801-12-03 00:00:00

SIIEERNESS, Dcc. z.

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1(1114 Majesty's Sloop Bittern, of IS guns? tapt.
1-rot, has sailed for Yarmouth,
Ile Pelter Gun-brig has come into Harbour.

~rh
h morning the Lady of FRANCrS FREELINt,
4.1. of the. General Post-Office, was delivered of•a
~ill-born male child.
~~TIIe sales
of Wheat and every other article were
ut Mark-lane yesterday.--Prices the siMie
Monday.. • •
•
13it.ast Tuesday as a-Gentleman Sias fallowing the
A44'.et's hounds on the. Downs near Brighton, on
Itfine horse lent him by His Royal Highness, ..the
'll suddenly dropped, and expired in the Add.
.)44 -Monday the 3oth of November last died, at
ktrston, near Sitting-Aroma, in the County of Kent,
Rev. 'jour'jourHAßGßAVE STANDEN, Reetor of
4
tvon
1741,he late delivery of the Letters from the Gene-
bttrlckst-Office, for the last three or four days, has
,the sowing to the extreme badness of the roads, and..
ti4ods.oecasioned by the severity of the weather.
e hackney coach horse which fell into the,
f ,tte„'"u sewer in Old Bond-street on Monday, has
441 found, and got our without the poor animal's:
nN.sustained any material injury.
'l/441", Eneseay advice was received at Bow. street,
tit' the Rev, Di. -I,SPHAM, of Ramsbury, in
10,7. stating, that he had committed James S'nok
flui'"lborough gaol, who, in June last, was adeer.
41,1741.- charged with robbing the Tring Mail in the
4%14 of May, between that town and Hemel Hem-.
e is. l'irs of the Winslow,Wendover, Aylesbury,
oid ft and Berkhamstead bags of letters. He was
flied, titithtd, after a stoat resistance, on -Saturday last,,
Aged tk"ride load nt.ar Marlborough, and upon.him were
enc.- 1%,L; a very handlome. brace of pocket pistols,
*TI)

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THE .i/44i/ii-u.i6./i.k,'ll'f,i'iT' ', -

. • ,
VIENNA, Nov-. 7=4

, -
SINC t the arrival of the last 4
Couriers from "Pari
.
and London, it is gelie:raly supposed that no Pler4.
pOtntiary be sent fitptii ifieviqii t.o thg Con-
grei:s at Amiens ; bat that every objet which
,can
interest obr CoOri in the Treify baiveen England
and Prance, will tie iirentled to and adjusted by the
Ithperiat Arnbissidot -at -.lli/ris,-'-,Ciftint
CosExtzEL.. • to t).,

The Austrian tortnnandant'alTiXireoeieLliii sent.
official advice that PAsw AN OcLit has coined.at
freddin, Josephine ducats, crown-dollars, and twelve
Krcutzer piecet. The dollars art only of tin,
silvered over, but the twelve Kreutzer pieces are in
every respect{ like the linperial. The requisite
notices have been issued by the proper offices to ,
beware of this counterfeit money.

HAMBURGH, Nov. 2s.

EVE lea in from Paris, that the Fete in honour of
the Peace, was not so gay as the Public Paper,s re-
presented, and that two persons were arrested who
were singing Songs full of allusions to certain cir-
cumstances.

The Prussians have totally evacuated the Rano-
.verian Territory, and General KO UT has zlreatly
returned to Magdebrirg. . The Bishoprick of Mun:
stir remains unoccupied, but it is equally coveted
by Austria and Prussia. It.is presumed here, that
the Congress at Amiens will deciJe upon its• fate, as
well as that of the rest of the world.,

:~-, ~.
. . ~

The STADTHot.tnit will only' remain a few days
at' Brunswick—NV e are yet ignorant what effea his
arrival on the Continent may produce in Holland,
btxt whatever it may be, the reiult will be nothing.
The Bishoprick of Osite!burgh, it is expetted, will
soon become Prussian.

Bankruptcies arc frequent in this place, but as yet
there has been little re-aaion at Bremas and La.
heck. Theie.placeS, however, as well as this, must
soon lose a part of their Commerce.
An imperial Commissioner lately arrived at Al.
tona,- relative to the Affair of the Prince de SALM.
The result is yet unknown, but public opinion leans
to a favourable issue.

Mr. SinnoN.S made his second appearance at
Covent-Garden Theatre last night in the charaaer,
Of Othello. Hid 'representation of the unhappy.
credulous. Moor we. have already noticed, and we .
have no reason for retzaaing the favourable,opi-
nions which his merits drew from us. The, part
requires the talents, judgment, and experience-of.
master in the theatrical art, and Mr. Stupors
plays it, at least, tke a very able Student: He
has the merit of aaing from the diaates of his
own mind, and those diaates are regulated by good
sense and manly feeling.. It is much to be regret_.
ted that he cannot divest himself of the aspiration
which attends his delivery, and which, as we have
before observed, is a common pritaice on'the Stage.„
It was particularly evident last .night. We'thinic
it proper to spef;ify his manner, in order to rends;
him fuify sensible of it—" Thou had'stbetter have
been borna deggei;a. Agra, lago," inter-
jetlional appendage to his words sometimes
terms the sentiments of the Author, and even ex-
cites. ludicrous feelings. Mrs. GI, o v R makes More
than we ,expeeted of, Desdeotona. She is a very
good Actress, but her forte is Comedy. Mil..
Lyre/I-FIELD, in Emilia,. was as usual much more
`sbaraaeristic in her wing than in her dress, *hich
was equal .in finery • to. that of her Mistress.--:-
CooKE's lago had all his usual vigour and subtlety.'
The performance•altogether deserved a better Au-
diente.

On Wednesday se'nnigh-t a melancholy accident
happened alongside the Achilles, of 8¢ guns, lying
at Plymouth. The men having been paid wageS and
prize-money, a- crowd of shore-boats were plying
round theship, with bum.boat women, 'slop-sellers,
and Jews, wanting. to get on bgard4o sell their
different wares. They were rep,eatThy ordered
off by Lieutenant Mu DGE, the'OttAtOil'ileCk, Who
found some of the seamen would e'ildeour to get.
into them, and run from the shit', whichw::s then
under orders for sailing. OHL of die seamen of
the Achilles was With -SOtne girls in a boat along-
side, and did not come on board when ordered
which so enraged. Lieutenant MOOOE, that he
threatened to fire
.at. him if he did not instantly
obey. Lieutenant Munt;E then asked the marine
sentinel on the gangway if his musket was loaded;
he answered it was not : upon which Lieutenant
MunGE took a ball cartridge, twisted off the ball,
and rammed down the powder, merely to frighten
the seaman : he then fired ; when die..enhappy con-
sequences which followed proved that the musket
Wj.^2 loaded previously with a ball. cartridge. The
ball struck the seaman in the face, perforated the
right cheek under the eye, which was protruded on
the cheek, and passed through the orbit of the nose,
occasioned an exfoliation of the Palate, and passed"
out at the left jaw. After -having his wounds'
dressed by the surgeon, he was conveyed ashore to
the Royal Navy Hospital, where he died in great
agony on Thursday night. The poor fellow, as
well as he was able ro 'articulate, in his dying mo-
ments declared that he considered his death as un-
intentional on the part of Lieutenant MUDGE.
The Lieutenant, however, was instantly put under
arrest, in the Cambridge, of 84 guns, and last
night, at seven o'clock, the Coroner's Inquest, who
sat at the Royal Hospital Inn, on the body of the
seaman, returned to Mr. Whitford, Coroner for
Devon, a verdia of Manslaughter. Of course he
will be committed'to- Exeter gaol, to take his trial
at the next spring assizes, unless an application,
which is intended to be made to the Court of
King's Bench, to admit him to bail, should prove
successful. Lieutenant MUDGE hav always borne
a" most excellent charafier; and it' May be natu-
rally supposed that this unhappy circumstance has
plunged him into the deepest distress. His situa-
tion, indeed,- is altogether such as to excite the
strongest interest in a feeling mind. His father-
in-law, the gallant veteran Lieutenant BevANS,
Was lately drowned at jersey, in returning in his
cutter to 'his gun-boat ; and his amiable wife,
Mrs. MuDGE, is fax advanced in a ttatc of preg.
nancy.

z.~ v rrrarr;

COURT OF KING's tENCII; DEC. -a
CyrrpiGs BEFORE LORD, KL1,4011 IN WRSIbILI LT,..

WESTON

< ,
maS an getiou fur assault am false

prisontnenr,,
The. Plaintiff was what is called a Chatter-Party
Passenger, anti came Pramthe Cape 4:Good-HoI.);
on board the Dublin Jiast Inaiarhan to London.
:The Defendant wasAhe-Captain,..ol that Vessel.
He pleaded first, the general issue,: not.guilty; Se-
condly,, a. plea of justification that. there was-a
dangerous mutiny and riot on2board,'.and he did
therefore. beat and imprison the-Plaintiff a little, but
which he did for the necessary order and discipline
of the Ship.. r •

Gata.ow opened the case.. on-the, part of.
thellaintifi; and stated the. cireamstances as they
afterwards appeared in eviderece,- -and.which We-de-
°tail:the material parts of as they were- given 7, _•
-.Edward-Bancroft being sworn, said=l was, seri
vant of Captain Iteaf: I remember the
,Plaintiff
.William: Weston being on, board: •- 'He had- -been ,
a Gentleman's servant, and I fohtid hint on board
or; 1 our hoMeward bohnd voyage at the Cape of •
Good Hope. He Came on board 'as • a Passen-
ger to come to. England.- He, had no 'duty to
perform on board the ship:- he teas only a. mere
passenger. I remember the time he: was flog;
ged "by .Ihe Boatsw•ain. He hid, during his passage;
engaged hitriself to serve a Gentlerrian on board, to
brush his coat, and do the common offices.of a servant.
He was. the servant of an, officer on board, of
.the
name of Masterson. He was net an Officer of the
Ship, but -an Officer coming home in her. I re.
member Weston, the Plaintiff, going on the poop
to fetch his ma..ter's Coat from thence i the Captain
was then in the cudtlY. The Captain is now in Court,
here he is (pointing at the Defendant in Court)..— •
The first I. saw.was .the Plaintiff coming on the
poop to the windward. He was put back by Mr.
Davy, the Officer of the Ship. It. is not for any
but the Officeri to go on the pdop,to Wixrdward.—
Others should always go to, lee Ward. He was •
put back •by Mr: Davy, the Chief Officer of. the
Ship,' and checked ;• and he then went to leeward,
as he ought to 110 Ye done befbre. He.cathe down
upon the quarter:-deek : Captain Keay Collared him.
At this time Weston had given no offence to Cap_i
rain Reay; or to any body else, that ever I SAW.—
Imme4iately on this being Presented to him, the
Plaintiff went to leeward submissively,and he made
no resistance. There was no. riot, or. mutiny, or
noise on 'board, that ever I saw, or heard, at that
time, or at any other time.--None at all. All that
he did was either without knowing* it, or carelessly
going to windward,:_;and on its being pointed out
to him to go to leewatd; he did so, submissively.
On coming upon deck the .Captain .seized lush by
the collar, and called the I3oatsWain to .bting him
the poit:t.. - . .
• Here Lord KENYOK asked what a point was:?—..
lipon.which- one wits brought,Avhich:was i; knotted
acrd hard twisted, double•rope, to sheet! :to. his Lord-
. ship and the:Jury ; it was knotted- at-iboth
and said to be made for'infliaing the :severest _flog-
ging known oh board' a ship: ,
The Witness. then, .proceeded:.—.-.. He ordered
the . Boats Wain to collar hint, and to .pnaish him
with it ; he told the' lOatswain to take hold of
him and to purtish'hitn. The words that recolle&
were; ci Take him. and flog him," . At this time it
was fine weather, and °nothing. that. I know• of,
prevented the Captain from calling. The 'Officers
together ; Mere was nothing .that I saw to prevent -
)11m from calling them together. The Boatswain
executed ,the order of. the Captain—he took the
YlaintifPhy the c011ar; twisted the point round his.
hand thus (showing it ); held. hint by his collar, and
then :threshed
,liim with it on his lxiek. He did
, that severely, as' severely as he could; believe.-
: "I. he Captain stood hywhile this was goihg forward,
as near as you (meaning the *Counsel) are to' me,
which was thred.'63 ftnir yards.

Lord KENY9If. many - blows did the
Plaintiff receive ? , • .
.. -
A. I do not kno*---4—tlid.not- count them.—
While this was going WeitOn asked the Cap,
-ta:n whether he meant to" murder hiar? The Cap-
tain- made no answer to 'Weston, but he 'said to the
Boatswain, " lay on, for Ile'seenis to like it," and
the Boatswain continued .to lay on until he was, I
believe, out of . breath.: cannot ffigm a
judgment how many\'.blows he received, but as
nearly as I can guess, he received between thirty
and forty blows. I haite seen punishment onboard
ship
.by order of Courts Martial, ivhich is by con-
sultation of Officeri, which is•alwaysby a cat of nine

tails : Comparing that sort of-punishment with this,
this was the most severe. If I had been to endure
the one or the other; I had much rather :the cat of
nine tails than this point. After the 'boats** had,
gone .on 'until I think, he eoUld4o on. no .longer
for Want of breath, as the Plaintiff-was endeaVouring
to go along on the quarter-deck, he said to the Cap-.
tarn, with his cap in his hand, " Thank you Sir;"
and tfen CaPt. Reay ordered him to the poop,: Which
,
is an ele‘Nrww‘part of the Ship, and that is-all: that I
saw. I. do not know how long he was detained
there, but that was a place of confinement to him,
for he ordered him there as a Prisoner ;.• he ordered
him to go'there until he .was relieved.- While he
was ordered to the poop he-was not
.at liberty tk.,
stir, until he was relieved, or until he had per-
mission. I do not know how long 'he. was: there,
but it was for some hours, I believe, but how long
I cannot tell, I am sure ; for I do notknow the
time that he was relieved. I did, not observe how
he was afterwards. Upon my solemn'.oath, the
Plaintiff, at the time he was flogged, had not. given
any offence to the Captain; or any other person,
except going to windward instead of going to lee-
ward; none other that I saw. The reasontfor such
persons as the Plaintiff not being permitted to go
to windward is, that the Officers generally walk on
that side of the Ship. .
The Witness underwent a long cross-examina-
tion, in which he did not contradia any of his
former evidence.
J. Wynne, a Sailor on board the Dublin East
Indiaman—l remember in the month of April 1800,

'' Flairti
being. oh the aec4.when was goig
He Was beat witira point—such a thing 'ai
_

‘,
d 6 ha-t 3. I die.
take any
.accoutl.tQf them. (1,0 _.nor .k.nov;' tv- hat

was sill by the Piaintifrto the Defendant; from or fro

fre 37efendattt to the Phintig

Y, was not rl,:ar

enough to 'hear any. thi:ng,:th,at.passc,i
saw the punishnlipt.- 11-..;-artc.rwafds "had an cf,lpor.
nin4 of sce-::ng 14-back, which ivas in a ind state.

The ‘Tias riot tied:ut;, rlshe'Roatswair,
hold of him with eirteliand and beat "with the

other.t whea mnslare pikniihed ,4y paler of the

Officers, They -are.tied 41t. J cannot.say !tow many
blows he received. I did'not tAlcei.anyTarticular

riotice. of it, and..therefizre T. prin.° t, :speak to that,
I saw his .back the -ne-xt:A ,y ;-it I was very much

bruised, arid so were his.arms.

On-cross-exarninatioo, she sad nothing to eon-
tradiet his examination lie atifnitted there

was a soldier oir deck in cOrlfinemen,t, but for what

•
he. could not - tell, , nor • could he. say whether that
. .

soldier was in irons or not.

Robert Shepherd —, I was -Ship's Steward on
board. the Dublin.. saw the,•Boatswain flog the_
Plaintiff.; I looked at it through the.hatehway, and
this I did in consequence of what the Boatswain
had informed me. I saw the Boatswain collar him and
give him a starting. The Captain was standing by;
pretty near. He got the starting severely. Ido
not know- what tl'e Plaintiff said ; I nevg.r rook
any 'noes of it Mt- the Captain " Give it
him, by, on, 'he' seems to like That was the
expression to the best. of 'my reeollettion: I dare
say -.the Boatswain, was .obedient,to his orders; it
was!his.doty to.he so.. He kept on threshing hint
withoutcessatiOn.. .

Q.. What occasioned his .cessation-?,
A. I. believe, because he,wanted wind:.
Q. ID plain English, he appeared. to you to be
out of
,bteash, -with the_severity of-the exercise ?
A. It appeared so to Me..
Q.. We do not exped you to tell usi exaaly, how
many blows he got?
A. .YeS; I cans for I counted. thern4, .•
Q. froilimany JA.ows did. he get.?
A. Forty-four.. . , .
Q. That is 44. blows with the, joirla. le rope ire
• have seen; which made eighty-eightiinpressions'?
A. Ycs, certainly ; exaetly so. 'When the Boat-
swain got out of breath Saud could no longer goon, I
think the Captain ordered. him oh the poop. That
was a place of • confinement for hint, as I thought.
If I had been_ ordered there. as he • was, I should,
have considered myself as. a prisoner.- there. I can-
not say how, loug_he continued there. I. afterwards
saw the .conditiOn of the Plaintiff.: he was --very
niuch,;beat:about the baelcand.arms; and breast.—
Hehatlx.brown ,thin jacket 'on when he was beat.
I have:frequently seen pimishment• iniliaed by or-
der of:the Officers.: the offend.ers are tied, up and
:beat with,a cat of ninp-taits,: comp,iring that with
the flogging which. 'the Plaintiff received, I should
consider that as much more severe
.than the regular
punishment.... ,
10 a !question w.liich,was,, put, ip.,c.onsequence of
an insinuation that the PlaiMif „lauglied. when the
stripes Avery given" to him—the'Wirness said fl he
-saw no. such thing." .To rnothcr, put for the same
reason,'whether the Plaintiff did.not say, " If you
will find rope, I will find back," the Witness said,
" I did not hear it ; and if it was said, I think I
must- have heard it..". '•

Thomas Manning. When " the Plaintiff re-
ceived-this stvrting, I.was standing on the main
.deck. ..The first-thing I saw was. the Boatswain
-beating the man. -I did not see what past before
know nothing more than -that the man
was beat for a considerable time, for I was not near
enough. to hear .what passed between - them. I
thought:it wets so-cruel` that I walked below. I did
not like:to take,a look any more at it.

Ancither' witness, proved that the Sur dressed
the .Plaintiff, but he- was not"here. , Re had heard.
•that the. Surgeon - who dressed the:.Plaivtif was ,
,drowned, and believed-it. He 'also negatived
the assertion, ~.that the-Plaintiff said, " if you find
rope •Lwili find.back i"- and he =believed he was
near enough to have heard it if it :.hadleen said.
Indeed' believed, if been said, he' must
have heard it. _
Mr. ERSKI NE then addressed -the. Jury for the
Defendant : the topics Which he, chief y dwelt
were, :the necessity of subOrdinatiOn, to support
which, Officer's were, sometirries; -driven a little to,
excess in their haste, and;- someciThes, with the best
-intentions; and even kindnas tocl%lrds the.objea
the chastisement; for, if-they were- to bring them.
to.CourtMartial,..their fate would he harder. The
'aetualdanger in' which this Ship .was, -having per-
sons with a dispoSition to rnUtiny=on. board--hav-
ing some French-Soldiers, and those•'who belonged
to:a corps. that behaved so desperately oa shore in
that they had been decimated, that is, that,
every tenth man belonging to the Corps, .had been
hanged. :•:- That others -On board, were -Traitors to
this Country, having -attempted to desett to the
Enem,ir. That a fete' moments `before this man
was 'flOgged by order of the Captain, a soldier
upon deck, had. set- :he example of mutiny to the,
‘crdiv, who came in crowds to hear him '; damning,
the Captain, and hailing the King's shilr which was
the convoy. of the ship, and desiring that he might,
betaken on board of That: E'itintiff gave
colour, to this mutinous disposition- by IT)e insubor-,
.dination of going on the windward sitt2 of the ship„,
when it was the-duty of al:, ioferior.-p-enons, togo
to -the leeward. On--the --That the Captain
commanded all the crew to.go dOwn•ft-''oin--Che deck,
and that the Plaintiff vyaf • the 'lust vman;who ‘vent
down, %::that in going doe.,n, 2116--brake 'the Venetian
blind: of a cabin window with his foot, and appeared
to treat the orders of the Captain with contempt.
That he braved.the orders of the .Captain when they
were laughing when the,A•oatskfsain came to,
chastise him,. and saying', . if you will ,find rope,
I will find back,". or something to, that effed.—
That 'to check such intolerable insolence,, and to set
a wholesome example, the Captain ordered him to
be flogged, in which,. if • he was not justified, he
had not so erred as to be subjed to any thing like
Seriousdamages, for that if large datnages•were given
i'n such cases as.these, there would.be an end to the
service; Lastly, that the story told by the Witnesses,
was mainly improbable, for it would seem by

•
'what they said, that the Captain had exercised on
the Plaintiff a wanton cruelty, of which he was in-
capable by his temper.
John Davy, Chief Mate of the Dublinl was
on board the Ship on her voyage homeward, when
the Plaintiffeame on board. There 'were Soldiers
on board, but I -cannot recoiled- how many-7-1)e-
--tween so and 4o I believe. Some of them were
Deserters from the English legiments in •India;
having attempted to go over to' Tippoo, and they
were treated as Traitors to their Country. * They
were, distributed in different Ships to come to Eng-
land, and we bad our share of them. They were
not all of that description, but near to- the amount
of 3o of them; --We had also some French PriSon--
ers on board ; six, I think, in number. . We had
likewise some Invalided Sailors—As to Charter_
barty-:Passengers, all are' such- who ate" put 'on
oard- by order of the Governor or Officer of
the India Company, whether Soldiers 'or
The Plaintiff was on board by 'order of the
Governor at the Cape, and he was a Charter'Party
Passenger. In the month of April, when the Plain.
tiff was on board, I. remember very well a Sailor
behaving ill upon deck. I believe it was on the
oat of April. was called from my dinner, in
consequence of a man behaving very riotously, and
threatening to murder-his mess-mate with a knife.
He was sent on the poop for his behaviour. The
Captain gave me orders to-put him in iroos. I went
on the poop, and .the man. was put in
,irons—fic was
very abusive. ,He.damned-his Captain, and all the
Officers on board. I left the poop at the time,
there was then a Frigate, which was our Convoy,
within bail of us. The man who
,was on the
poop hailed the Frigate, and requested them to'
send a boat and take him out of the Ship. I
went off the poop and' endeavoured to quiet
him. believe the Captain came upon the deck
at that' time. - I saw him soon after ,on deck
there was a great part of the Crew on deck. • The
Captain repeatedly ordered them off: the Plaintiff
was among them. The Plaintiff was the last • man
who left the poop.. Ido not know how many times
the Captain ordered them off, :but-it was:more than
once, and the Plaintiff was the last. It was very
necessary for the discipline of the Ship that the
Captain should have so ordered.- This man made so
loud a noise,- that I. could not help hearing 'bird.
The. Plaintiff was ooing:down. the starboard side ,Of
the Ship; I think -_I spoke to him: His feet went;
through the Venetiaivblind of the cabin. Ido not
recolled'.whether.any of the Crew did- go down as.
he d id. The Officers and-Cabin Passengers-go down
on that side.; but .it is not usual for inferior
persons to go down on that side. I was very much
hurt -at -the man in confinement behaving so riot.:
ously. I ran towards him to' eneleavour to quiet'
him again. I did, not see what the Captain did;
nor hear what he' said to the Plaintiff rbut I'saw
the Boatswain striking him with a - thing of this
description [holding up: the pint]. was on the
poop. I did, not hear any thing that was:said, ex-.
cept that I heard the'PlaintifFtay,. "Lather away;
I will find back ;" as ncarly as 'I can reCrollea,
these were the words, The Captain then,'.l. be-
lieve ‘A ordered the Boatswain- to go on with the
punislnnent,"or "repeat MS blows." When the
punishment was first infliacd, the Plaintiff was
laughing ; he scented to' defy the-punishment. If
he.. had shewn any Contrition, I -believe he'would
not have had s" much. He seenied to defy the Pu-
nishment. • I was away from them about the same
distance as frontine.to-the jury.
On cross-exaMination this Witness said, 'he did
not know .hoW. many blo the. Plaintiff 'received.
This question was repeatedly put to him, but he
said he did not know whether it: was more than 6
'or less than attention Was divided' by the
riotous cooduabf•the man upon the poop ; he made
7no memorandtiin of this in his log ; he did not
know whether:the Captain did or not; he bad no
business. with, the Captain's 10g..----11e was not Con-
sulte4 as'an -Officer on the propriety Of- the putti'sh2
ment, i'toc did he
,believe any ether was. • It was,
certainly fine weather, and a consultation might ha't'e
been held, for the Ship sailed very smoothly. He
gave,: no. account of any Mutiny-Whatever on 'board.
Lyons, 'the- Bo;ttswain,,gave an account of the
flogging which he inflifted on the Plaintiff, by orz
der of. the Captain, in which, he •Si(l,- he did no
more than his dirty..- He did not describe it,- how-.
ever, in any way that differed 'essentially froni the
account given of it by the Witnesses on behalf of
the Plaintiff..
Mr. GAItiOW made an. able Reply, and called
for very large Damages in this case,. which lie did
riot hesitate to call the- very worst case of an assault
and imprisontnent that ever was made the subje& of
a Civil-AaiOn, and in which the Defendant ap-
peared to be a cruel, barbarous, and inhuman tyrant,
• but the seasoti was come for him to discharge the
reckoning, which the jury would be so good as to
cast up between the parties.. ,
Lord KE NYox then delivered to the Jury a Very
excellent Charge.. His Lordship began with observ_
ing, that causes like_the prcsent he .never-preSided
,at without .a great deal of real anxiety ; and: then
proceeded
.to say,ln.the first place, it .was abso-
lutely necessary, not only for.the welfare, but the
existence of the commerce of this country, and all
the naval force of this- country,. that discipline
should be striuly preserved. 'For this reason, when
any-inroad appeared to be made upon that principle,
by any aftion against the Captain
.o.r other Officer of
His Majesty's -Navy or merchant ship, be ‘confesSed
that his leaning, :and a strong leaning. ton, was in
favour Of the Officer, and, al thought he Officer might
have transgressed ,the. ex ad line of 'his ditty, yet
he constantly advised Juries to be very tender in
visiting such a trans.gression with large damages,
because:he was of opinion" the true interests -of us
all were best consulted When-snialt damages follow-
ed small -deviations' from stria propriety in these
- caset. Yet this principle was to •be governed by
certain rules. :} rote. different situations in life,
and especially military and naval affairs, different
duties arose. From inferior pertims, passive -obe-
dience to the commands of their superiors, not to
question their judgment but to do that which they.
directed, they being the most likely to know what
direaions ought to be given, and they alone hay-

LONDON Printed by
At the SUN.OFFICIE,

int, properly, the poVvet to give airealons; and I
because, otherwise, all the property, and every life
on board, . might be in danger.--mouth was the
duty ofinferiors. On the other on the part
of the Captain or Commander on board a Ship, who
was to issue his orders,. which must: be implicitly.
obeyed, .there- ought to ,be protection, kiminess,
and every thing else which conmasion dielates in
the mind of a good man, towards those who are in
leis power, as well as under his command ; but in
such a situation there was often much difficulty, and
where any, mistake arose in an arduous case, and the
Captain or Officer went beyond.th&line of his dutV,
he should never wish to be' severe on him for so
doing—But here. the Captain put upon the Record,
that Which, if proved, would be his justification—
namely, that the. Plaintiff, in this Aftion. had, by
his own,tumultuouS and mutinous condha, been the
cause of what happened. to himself ; if he was so,
most undoubtedly,hecOuld not' recover Damages, for
no onetould be answerable to hirn, for thaeloss or
damage which he brought upon himself.- Now the
Jury would look at the evidence. In the first place
there was no-doubt but the, Plaintiff had Made out
his case in a way that called on the Defendant to
make out his justification,, or else for considerable
Damages.. In the next place, had .the Defendak
made out that justification Which he had out upcin.
the. Record Upon:that his Lordship declared he.
found out no offence that the Plaintiff
.had been
guilty ()Cat al _nothing that even the Defendant's
able and eloquent Advocate, had stated reached his
Lordship's ear in the nature of a defence.: The
Plaintiff ha&certamly suffered •vere• serious. injOry,
and it .was at the hands of the Jury that lie now
demanded damages', for
..,rhat injury, and his
Lordship thought they ought not to. be Small
damages, but they should besuCh.as -were likely to
deter others from such conduct} over those who were
in their power, and to keep them within the lire of
their duty, .for that was one way of preserving the
subordination, the 'necessity of which the Defend_
ant appeared. to set up in his defeoceHlustice re-
quired- that the damages should be liberal in this
case—hut when rhe Jury Were called upon for liberal
damages, his Lordship could not advise them to.
give any thing like what, might be called inflamed
damages.; for passion should not out-run judgment ,
in such eases,Therne'asure he thought:hest adapted
to the case, was that which wit die full length of
a.. compensation ,to the 'injured party, and 'such as
would, by its example, 'lend to the service: of the
Public. In , doing. this,. the. Jury Would remember
that the Defendant, however angry. • they might
justly be with his conduEt, was not to be ruined
for -this transgression, and although. his Lordship
. did not .expel the Jury
.to look upon this transgres-
sion, any more than. he did himself, as trifling., but
that they would treat it-as a violation of duty, yet
they were to remember, as they were men, the De-
fendant was a .rpap, also, who, although he might be
hmade to smart for his' misconduft, was nevertheless
not to he undone. The Jury would therefore-in their
sober joagment, consider what damages they would
give in this Case.
. The Jury withdrew, and haVirig -remained' out of
cobit'fOr about half an hour, brought in their Ver._
dita for !.he.Plaintiff, damages pool.
Mr. ERSK r NE.—" They can give but 2001. for
there are no more damages 'stated in 'the Dedaro-
tim."
QARRO'W.—" I will. take the Verdia.-as it
is, and see what we can make it."—The Verdict
was entered for 5061.

We stated in our j'aper of yesterday,
,that the
adjournment day, the day on which the bitting!,
commence before Lord IcENYON in Gui.(lhall, was
next. Mond,ay. It was once so intended but in
consideration of -Sonie causes wldch are expected to
be long in Westminster, the Adjournment now
stands for Tuesday.

COURT OF COMMON PLEAS.

DEC'EMBER. 2.

SITTINGS AFTER TE.7.1.11.

VEAL* Z'. CoOMBS:

This AtliOn was brought-by- 'the Plaintiff, who
is a farmer residing in the neighbourhood of Hart
row-on-theJlill, 'against the Defendant, who is like-
wise A farmer living :at Hayes near lixbristge,, to
recover the sum of 201. which the Plaintiff had-paid
to the Defendant for the purchase of at horse, .which
was.warranted by the latter to be sound, and which
it wac alledged on the part of the Plaintiff had.
prove* insound, having become nearly. blind in
the course of a few days.after the sale..,
Several Witnesses were called on behalf of the
Plaintiff, who proved that the horse had been sold
by the Defendant to. the- Plaintiff on the i ith, Of
OCtober last for zol. and had been warranted sound
.by the former. They also proved, that. the horse
had become unsound in the course of a few days af-
terwards, one of its eyes being .nearly closed, and.
the other having a film . over the sight, so that the.
horse could not see its kVP v. One 'of the Witnesses,
Mr. King, who, had direaed his attention to the
veterinary science for. fourteen or fifteen years past,
and who'had examined the horse on the 25th of
November last, said, the horse's eyes were affated
by a considerable degree of inflammai froivand ,in
one there was an 'incipient cataraa. He gave it as
his opinion, that the' eyes of the horse could. not
have been. thus affeeted on the zgth of. November.
from any cause which did not exist previous to. the
ith of Oaober, though it might not be shewn to
common observation -by outward symptoms. He,
was also of opinion, that the' situation -in which he
found the horse's eyes could, not 'hay.e been.wholly
caused by -external. violence, and that at any rake, if,
any external violence, had. been used, . the. marks
must have been visible, whilst in this case no marks..
of that kind were to be;discovered. • .• --
The Plaintiff sent the horseback to the Defend--
ant eight. days after the day 'on'which• it•came Into
' his possession. It was again sent back by. the De-
fendabt to the Plaintiff, who having refused to re;
ceive it, the horse was sent astray,, and in that si-
tuation was iinpopnded by the:Lord of the Manor.
It was admitted on the part of the 'Defendant; that
the horse's eyes had become unsound subsequent. 4)

13U CHANA NI'MiLLAN, {of.,Bow-ktreet, covent,t,;ardvn)
Nee 1 z, Strand ; where- ildwertiornents, Order.;

. . , .
the period when.it came into the Pds.sPsidti...ot the
Plaintiff, but it was alleaged that the' defeAs which
now appeared in the eyes of the -Boise arose from
exrerpal violence whilst in the possession of the ,
Plaintiff, and that either a..kick or .a bite from an
other hotseshad been the;sole cause of the arse-iie'•
which appeared in its" ^eyes. That the horse•was
perfediy sound at the time.rhe Defendant sOld'it to'
the Plaintiff,' and.therefOrethat the former wai:
not
liable in this Adion. - • •
Several Witnesses were called on behalf of the'
Defendant, one of Whom was •a. farrier,
nions relative to.the,conditiOn of the.horse'it.iari-
-oils times within a year past; were all in favour of
the perfect soundness of the animal: "Tfiey., like
wise 'prOVed that the Plaintiff, upon the situation of
the horse being remarked to 'him after its eye-S had
become unsound, had attributed the crieumstance to.
a kick or a -bite. _That he-had been at the D'efen:L
ant's house on the Friday- after puraasiiiir, the horse,
having it with him, and ~:Ifilst it was in that situati-
on, without taking any steps in :the, buSiness, and
that he had sent it back on the Monday, without
calling in any, farrier or. person conversant with-
horses to examine it.
Lord ALv briefly summed up the evidence:,
observing,,thatthe only question for the '-(l6cision
of the Jury was, Whether the horse was really sound.
at the time, it was sold, by the Defendant :to the
Verdid for Defendant.

OLD BAILEY.

FIRST DA.Y.-WEDITESDAY, DEC. 2.

THE'Sssions (the first in the Mayoralty
JOHN EAmilz.) were opened • ir the uSnal form he_
fore. his. Lord hip, Mr. Jtisticc GROSE, Baroil
GRAHAM the RECORDER, •
7oh:z f 7 ebb kl.ki Argton was charged with a capital
offence. for feloniOusly_forging,:andcounterfeiting,
and publishing
.as true,
.knowing it.'to.be forged, a
certain Acceptance, purporting to be. that of .Sir
James Esdaile, Hammett, and co, on a certain Bill
of Eic.cliane, purporting ..to have peen drawn
,by
ThOmas Davis,
.and co. on Josep7h,.Broy,m,Pr,or-
der, for .the payment of, 241. at, two mmths aft7er
date, and dated at Birmingham, Bth of
.AuguSt, ,
r Sot, with intent :to .(kft.alid
he leading- eircurristances of the case Were briefly
to the folloWing effea!"7" It Pro-.
secutor is. a shoe-maker in Si. GileSrs, 'and that the.
Prisoner came ‘tp`.his. shop on .the 31St Of 'August,
,•
and ordered such a • number of of shoes as' came
to "91. 6s. He tendered' the instrainent
scribed, in payment for the shoes,iincl-re.4,..teste&tO.
have the change; "the .Proseeutor'
much Cash by • him, "went .aiid -pipc-urea • the
change frorn'i neighbour, deau,ling -the tisuardis-
count. he Prisoner Oma:ricd in the shop till the •
Prosecutor carne in; When he. n'aid'hiM dia'nke,:'
It aPpeared 'that a person of therizitile of ae--
companied the Prikoner„ whom the'PrOsecutor hap:.
pened to know, (a 'person of some-repute) and.Whiclr
naturally induced Mr. Prosecutor, rot
to suspo the prisoner. The shoes, 'WhieliTW'efe
described to intended'-for 1 the Country 'l'm. de,
were af!erivardS direaed to be sentto-theTArigel
St. M,:trin'S-le.:o7and. The liri'sorier'fial* was
intlO•rsd up(i.n the Bnl. Some:deail transpired in
thc*FAidet,it with roped .t. the,deli'very of. the
some iriakiert.ti'lee,- but oihicl7 xv;;s
very, inaterial to the' case ~: In a' df;y
the Prisoner ti7e- shoe's; and laid
the Proeeutor, sonic exi%!uo;.;"s. which had
-been incurred with 'respea to the ileliCieri Of 'the
goods, in the
It further appeared' that on the
.!oth of Septem_..
bcr the :Ptisouer eaine again .to the shop • Of the
Prosecutor and or lered ,p,inTity of shoes;
which he undeobd isroni. the Pri;oner Li intend-
ed for the African-trade, when he prehented ansiliLt
Bill for-,i51,.'f0u the payment of them. Not. havi.n'i;
the change, he desiredhim 'to leaVe the
cot sequence .of rc Moll it franspireei on inquiries
made by the. PtosecOtor,, ib t the, Bill iv.as forged.
The Prisoner cane the next day for. the 'change of ,
the Bill, when he was told was `a bad one on
:WhiCh the Prisoner inanifestcd but
no..cOnflision,' nor any thing fi:4n 'which guilt could',
'be inferred: He said he received it from a respea-
able' quarter in BirMinghaM, and assured the Prose-,
cutor he shbuld be indemnified for any losS lie Might'
'suWer bY'thi! trans'aelion. On.the'discovery -being'
made willi respea to the second Bill "-tendered by
the PriSbneri.an 'inquiry was set on fo6C.With
spell to the first Bill; and which 'was the 'subjeel
of the present in(lidtpept. Application was made
at :the libuSe of Esdaite:ana Co-:, When was
that their aceeptaice 'upon the-Bill. was forged..'
These circiiinstance.sa ppe.::Cred in evidence. " The
Prisoner tool- one object on with. respea to
evidence, namely that was not the firsi
might have be.en brOu'ght rfor.Lvard. One of- the'
Cletks, who was. in the habit off regulating
ceptances theCOmpan.3',.beihg- Callo.;,..l'nd not one
of the Partners. 'However, • the Couit'''Seenied of
opinion that the evidenee 'addueed. was adequate' to
establish the' fall of the-aev.ptance being. forged.
The PtisOner iti his :defence alledgcld the
leas in question as paid to tun`liy one Carter; at
wilt) had been in his 'debt... •He
stileMnly protested that he imagined.the
of
to be
good ones, 'and of course his innocenceOf any
tention to &fraud; and it appeared; thOugh not
dire/11)i.) in 'the -Course of the ei,iden‘je, theft the
Party from whom the Prisoner•alledged'he had re-
ceived the Bill could not be found.' • •
On evidence to the 11.)peeffek'..i, the Jury were
• induced to bring in a •verdia of .Not

The Prisoner was charged a second time,
respell to the Bill-for 151. alove'nientioned, but as
the evidence to be brought forward wa.'precisely
the same as in the foregoing Ca's,e, the Court deem%
ed it unnecessary to go into it, in consequence of
which a formal verdid of AcquittiV was pronounced.

Pri ?afield was accused., of a similar pf,
fence, in forging, &c. a, certain JnStruinent,. put-

~-

Otitatig to be a sill of Exihinge, 'drawn by Joni.
ti 'n Lees; az:Ntiicheste4 on lohn :Ruggles'
f 4 the payment, of 241..._D05.i,at..tw0 months after
date, Itc,; with intent to. defraud lames Coe.
The eirctunstaaeS which transnire,frinevidence
on this case, (which teok 'Up the
....ttention,of. the
Court a considerkible out liinits-1134(4
allowus to recite;, htit—they • were that ,natpte
As upon the whole to induce. the lur,y.:co.4,:pt
Prisoner. . • •

Thomai Dripsworth was charged with c4>ital
offence, in "felon iously stealing in the dweltingi'
;41otik of Rich.. Sinittionds„ cpsi&of; brandy, .v4l-.4
41., his property,.,. .
• .
After a short deliboraifon upon tF:e evidence 4
this case;' the. Jiity brought in .a 'yenta of-miVor
Guilty.

.;,

.. ~

,

CaEpttotc.,—We beg. leave _to cprre& a mis-
statement in our Paier some time ago, in which ‘‘'c
said tliat a Most merahelloly circumstance had taken
place in that town; between two Gentlemen; respdt
ina the remnval.of a tree, when, the course of the
dispute, one of the. Gentlemen struck the other with
(a large stick upon. the head., plid lie iitt,?;;/.t./y cxpiii-
ed, and that .the Gentleman had sin& absecnded.----

-The fads, as they-are correded by our Correspon-
detit in that 'fawn, are these:- the two n:'
met upon the spot where the tree stool,. to ascertain
their riglu to., the tree ; they -quarrelled,,.fougl%,"..
with their: sticks, which w.pre
,not large, .but 61,10
as they usually. rode with, and one of them, ‘truW,t
defending himself from the' assault of his antagonist,
siruck the other ors- the head; a blow which is sup'
posed to, have occasioned his .death, : he3.lid not,
however, die instantly, fortnight after-
wards and although.the survivor al)sconded at the
time, he did not,do.so'with a View.to.avNid a judicial
investigation of the affair, but bas.givennotiee 'to
the Coroner, that he shill appear and take his'trial
at the ensuing Assizei.
MANSION - HOUSE. - Tuesday 70seph Mealy
Benjamin jacist,- alias. Coturei,* liorget,
and several :others, mere again brought befpre t!tz
Lotto MA,OR, charged with desperately cutting •
and ,wounding Junes JacksOn, a Carrn'an. to. Mc.'
Travers, of Qtleen-street,- Cheapside.
Mead solicited-..-his, .I,9rilship.. to adniitte4
a King's Evidence,
,anci, he would teill the truth ;
which.being done, he have a-t-ult.acconut
self and the prisone: yi,Ath sivehthothers,
together on Wednegclay night, the
ber, and meeting the tinforttirtzte man near the 01'
of Grub-street : upon his resistin:to-be. robbed lic
was -.very much -cut \viih a_knife 'the Prisoile.r
Jackson, ,a/iartona-ek, COTIfe-ssed he had eat". ,;
across the' Vey, -arid rui'd been .the
-The City saidf- that . tsey 'With LUC
• Assiskants,... had made every e*ertipn to tijscogr
these depredators ;ant likewise told' his 'LordshiP
the- p66r hat been sndangerouqy..Wdunct
ed wits 'in
danger---The,J.,t) b M A np, :orderez.l. them all
,(')
be remanded for further exainination,Jill they shouS
See whether the Inan'ilecOvered or not.