The Sun.
London, England, 1831-01-19 00:00:00

COURT OF EXCHEQUER

Lord LYNDHURST' and the other Barons took their seats
this morning at ten o'clock.

LAMB V. NURNETT.

Mr. Rforaens appeared at the sitting of the Court
this morning to move for a rule to chew cause why the
verdict in this case should not be set aside and a new trial
granted. The case was tried before Mr. Baron Bayley,
at the lest sittings at Guildhall, and the Jury found a ver-
dict for the defendant. The plaintiff was a mariner on
board the Scalesby Castle, one of the largest vessels in
the service of the East India Compaiy. She sailed from
the Downs in April, 1829, and arrived in Macao Roads
in the month of September in the same year. The action
was brought against the defendant,who was the captain of the
ship, for flogging the plaintiff, on account of his mutinous
and disorderly conduct, which the plaintiff alleged he v.'as
obliged to inflict on the plaintiff, in order to preserve disci-
pline on board the ship. Mr. Richards did not mean to
contend, after the evidence that had been given, that the
conduct of the plaintiff had not been improper ; but he
thought it highly expedient that the question of the power
of the Captain to order the seamen to be ifogged as the
present plaintiff had been (five doyen lashes), should be
determined and set at rest, in consequence of the state of
excitement that prevailed among the mariners who navi-
gated between this country and the East Indies. The
assault in question had been committed in December,
1829, at the time the ship was lying at anchor in the
Macao Roads. Now he (Mr. Richards) contended, that
that being the case, the Captain was not justified in ordering
the plaintiff that severe chastisement lie had undergoce,
If the ship had been upon the high seas, when no assist-
ance could have been afforded to the defendant, the case
then would have been materially different; the Captain
then might have been justified in the course be had adopted,
but when the ship was in still water the course pursued
could never be justified.
After the Learned Counsel had entered into further detail,

Lord Lysinfitistsr was clearly of opinion, under all the
circumstances of the case, that the Jury had come to a
proper conclusion, and ordered the rule to be refused.
The ether branches of the Court concurred with his
Lordship.

FIGHT BETWEEN NED NEAL AND

YOUNG DUTCH SAM.

This long-protracted battle, in which Neal fought Young
Dutch Sam-2211. to 2001.—took place yesterday at Bumpstead,
in the county of Essex. It will be remembered that in April,
1829, the same men fought at Ludlow, in Shropshire, when Sam
was the winner, and from that circumstance obtained the title of
‘• the Young Phenomenon," a title which the result of yester-
day's second contest confirmed in the most unquestionable
manner. On the former occasion both men were confined to
weight—Neal to list. 'nibs., and Sam to 11st. ; a restriction
which, on the part of Neal, was supposed to have lost him the
battle, for he fought full twelve pounds under his customary
weight. In the new match there was no restriction whatever as
to weight; both men were allowed to be at their best, so that
there could be no excuse on either side, on the score of condi-
tion ; and, in fact, it was impossible for men to have entered the
arena in finer trim, whether as to health or personal confidence.
Neal weighed nearly 12st. 41bs., and Sam Ilst. 21bs. The latter had
won the toss for the choice of ground ; and he named New-
market, where he had long been a decided favourite.
The place appointed for the battle was a large field at Burt ough
Green, within six miles of Newmarket, and here the Comsfssary
had formed a most excellent ring, which, at an early hour, was
surrounded by drags of every description, from all parts of the
surrounding country within a hundred miles of the spot, when
i
suddenly the appearance of Mr. Eaton, a Magistrate n the neigh-
bourhood, put all into confusion. Thisgentleman expressed his
determination not to permit the fight either in the counties of
Cambridge or Suffolk, and Haverill, in Essex, a distance of
eight miles, vas named as the point of rendezvous.
On leaching Haverill, the van led the way to the field of a
farmer at Bumpstead, three miles further ;land here the business
of the day was brought to a conclusion without further inter-
ruption. Sam was attended by Curtis and Holt, and Neal by
Tom Spring and Tom Oliver. The betting was now brisk—at
even ; but, in some few instances, trifling odds were laid both
ways. At thirty-two minutes after three the men were brought
to the scratch.