The Sun.
London, England, 1813-08-20 00:00:00

PALCUITA, 'JAN. gs; 18.13.

SUPREME COURT OF JUDICATURE.

.BROTITN. V. 'MIMI/Y.
This was an action to recover damages for a
tresnass, assault, and false imprisonment : the
damages were laid at 5000 rupees.
The case, as contained in the evidence for the
proseoution, was as follows ;--The plaintiff, Mr.
.Brodie, was Chief OiHcer of the ship Wood-
bridge ; on her outward voyage from London to
Bengal, site left England on the -4th of June last,
and 'arrived in the river, on the 16th of December.
The defendant was the commander. On the 10th.
of August, 1812, while the ship' was between-
the Cape of Good (lope and the 'Mauritius, it
short time fifter dinner, Mr. Brodie, the plain-
tiff, addressed Captain Twcedy, " Now that
the lady pas'sen'ger has retired, I ;mist request,
that when you have any thing scant at your ta-
hie, you Will inform me of it in a proper manner,
and not when I ask you for rice say, laying down
your spoon, Let every one have their share.'"
Captain Tweedy denied having used theie words,
and refeired to all the petz,ons present whether
ally one heard these expressions : they all replied
in the negative ; on which Captain Tweedy ad-
dressed Mr. Brodie, ," Now, Sir, what do you

think of yourself ?". Mr. Brodie replied, it %vas
no consequence to whither other people heard
it or not ; lie was confident that he heard it.--...
Some conversation here ensued, which terminated
iu Capt. rreedy's saying to the plaintiff, "I have
hestr.l yonr.eharacter in hogland, Sir, to be that of
ad---dscnundreh." then 'added, " tl—n you Sir;"
on which Mr..l3rOdie retorted in the4ame terms, and
Lunch scurrilous language passed. It appeared, how-
ever, quite clear, that the.opprobrious terms were
first Owl by Captain Tweedy. After this ,abuse
britt continued seine time, Liptain Tweedy seized
a quart decanter" of port wine, and threw it with
considerable force at the plaintiff; it struck him
below the left shoulder, broke, and fell on the
table. Mr. Brodie said; ‘,` Very good.,'Sir ; very
goon, Sir, " and shook his head. Shortly after
Allis affray, the boatswin came in, and reported,
that the fore-top-toast stay was gone ; the plain-
tiff then asked tile do Lfdant it he should giYtO
his duty or to his cabin. The deleudant replied,
" Although you are a scoundrel,- you shall do
your duty," To this Mr. Brodie said, '" I Will
du my &ay whilst 1 ant suppOrted or respected as.
an officer ought to be." He roe- up and went on
deck, It being, then his "watch.
111 the evening, the second Officer, Mr. Mitchell,
delivered message front ,Cuptain Tweedy to Mr.
:Brodie, hoportiog, that he would not permit Mr.
:Brodie-to come to his table, but that Mr. Brodie
roust continue to du his duty. Mr. Brodie to
this replied, that be could nut 'expect to be
,„respeCted by the ship's company, if he did. not
frequent tie cudtly-table, and he could not do
his duty on• Such terms. This reply Awing deli-
vered to the.captain, thu message Wits repeated,
and Mr. Brodie replied, " If not allowed to
conic to the table, I will not do toy duty."
On the following day, Mr. Alitehell was pub-
licly. appointed Chief officer, and Mr. Brodie's
Incmitire and other property removea from
the cabin he occupied on deck, to the one
belOv ‘rhich Mr. 'Mitchell had formerly 'in-
habited, Mr. Mitchal iaforined Mr. Brodie he

was to remain closely confined to hiS own clibin.
The Officers of the ship were not Conveyed or eon- •
suited. Two or. three days after Mr. Mitchell,
at the request of the plaintiff, intoired of Captain
tVeedy what was to, be the extent of his confine.
merit ; Captain T. returned for answer; that Mr.
B. was to have the use of the quarter-gallery, but
other indulgence. This eontinernent lasted
till the ship arrived at the Alatiritius..
On the 19th of September, the plaintiff wrote
to the defendant, desiring to know the extent Of
the restrictions on his liberty, how far he was to:
consider himself a prisoner, informing him, that
from the noxious air prevalent between (leeks, his
health had suffered considerably ; to this letter lie
•reeeived the following reply:—
havo to acquaint you th4t your confinement is not in
. ony measut.o adequate to the nature of your olfo,tce.' I there-
filve,,iifect that youviil not prelusion ;to iroringc on the ii
belly cant now have. With te;ard to your hcg in
daagercd, a repreeutat ion on'that bet ,tio:ilrt come through
the no,aor of the ship, and the same communicated to toe,
With ;rn littestatiott upon his wool,of honnur."
Oa this, the
.Surgeon of the ;hip, Mr. Clap-
perton, was sent to Captain Tweedy, and told
that Mk:Brodie was sickly; and sufferingfor
Want of air and exercise. Captain Tweedy re-
plied, that lie could' not take off the restrictions,
unless llr. Cjapperton represented him to be in
immediate danger.
The surgeon. described the nature of the cabin
in which Mr. Brodie was confined : it was small,
and lighted only front above by a bull's-eye, ad-'
joining the gun-room, in which thrre were runny
stores in a highly Putrid state, and through which,.
in. bad weather, water was constantly running,
l'roin t leakin the after part of the'ship. The air
was -generally foul, both from the noxious effluvia
,riectag trom the putrid provisions and stores; and
there heiug„ no. portolur. scuttles optmetr ill the stern
~,. Sides rJt ,ilto hhilv; and froquentiy, dining Mr.
Ctitititwnient, the Iktteltwav etoSed
tax tteCou;it of the rain. .Its respect to the cttbin
it was not worse than all the etktl, below the no-
}ter deck. The Woodbridge is a ship 4SO toils
burtiteu ; there Were sit ct,biat Olt that deck, and
Mr. lirodie's was one of
the most effinftirtahte.
After the departure of the Olip 'the M n
Mr. BrOdie's health having been grettfly
reduced by the cot:tinned effects of exposure to
bad air and want of exercise, Mr. Clupperto!l,
ors
the Bth of Novernhcr, adikcssed the fulldwing
:letter to L.:apt:tin Twceoy :-
1,4, Mr.,lirodie has lie occ;,f4ioll for :U).tie IrlA to
appir to me on account of thu dl stab, of his heitith ; aud
pitticularly viv4) nights ago t a called to ,ee hint a little past
suidoight, end found him ir6cteit with fainting's: eomitings,
bi.5.1.4-41!;:i4.e, 11114 other ulat'ruing tiymptotw;. }its -
vt-hiet, l: the totitiliiiiret with only tt little abatonleitt,aPiwar to
~4‘11,04,0,,,,( 11., lungs and uttim Ii; acrity opinion,
Ittitae prtUiltpa4y.heen oceaiiotled. hyveanvol exercise mid close
,ovititrerueutiis rt hot asut foot atut9ii,,li. • II "I —•1 ' •
Ltrtrott d‘,,h,s,
et_,Tico .0111 e fain

4)lthihett forlhe Ole liberty (..)1
wiilk;og tm the foree-astli,.. titu ship for the space
a.ftive howl. ettah day,
otbLit rival:1011N and injuries the pkinta
experienced At the bands (if the ti4fettitalit were,
i►at~ Ott arriving at Port Louii, too utadl iwo lip.