The Sun.
London, England, 1825-12-24 00:00:00

COURT OF NINO'S BENCH, DEc.23.

• • HAN':`,ZAFORD v. HILINI,4I.
This case, in which the defence was conducted by the Admi-
ciat)r, being specially appointed for to-day, was called on at the
hitting of the Court. Only two 'special jurors appeared, and
rorrie time elapsed before a full complement of common jurors
could be obtained. At length-the jury were sworn.
PATTESON opened the pleadings. The action was
lirpught for three several assaults on board his Majesty's ship
Tweed; the first, on the 14th of August, 1824; the second, on
the 31st of August ; the third, on the 11th of September, and
imprisonments consequent thereon. To each of these allega-
tions the defendant pleaded 14 special pleas of justification, all
alleging that he was captain and commander of his Majestya
ship Tweed; that the defendant was master of the same ves-
sel. Each set of pleas was divided into two classes, the first
justifying the trespasses on the several grounds that the plain-
tiff disobeyed the lawful orders of the defendant; that he dis-
'obeyed the orders of his superior officer ; that he had quar-
relled with his superior officer; that he behaved with contempt ;
and that he made an unlawful alteration in the log-book with-
out authority; the second class alleging that he was charged
with doing all these things, and that he was arrested upon that
charge; and all the pleas averring that he was kept and de-
'Mined in prison in order to his being put upon his trial at a
-court-martial. To all these special pleas the, plain tiff replied,
,that the defendant committed the trespasses without the causes
sa alleged; and also newly assigned that he kept the plaintiff
in prison for a longer time, and in a closer manner, than was
necessary for the purpose relied on ; to which new assignment
the defendant pleaded " not guilty."
Mr. BROUGHAM, who stated the case, said, the plaintiff
came to complain of most gross injuries that could be sus-
tained. Ile was a man of as an unexceptionable character as
any in the King's service—he was a Master in the Navy, which
was an office of no inconsiderable rank. The defendant was
the Captain of a vessel called the Tweed. In the summer of
.• 1t:24, the Tweed was off Bahia in the Brazils, at which period
the defendant, not satisfied with the powers given him by the
Mutiny Act, the articles of war, and the book containing the
nosy regulations, thought fit to issue a new code of instructions
and regulations for the management of the ship, and about the
11th of August, in the last year, these regulations were drawn
up and handed to the different officers of the ship for their
sanction. Now it happened that these regulations were not
only new, in the navy, but many of them were directly in the
teeth of some 'of its most important regulations ; the first of
which regulations was, that the Master and Lieutenants should
pay the greatest attention to the stowage of the treasures of the
ship, and that when any treasures, that was, gold and silver,
were brought on board, the Master, &c. were to attend in the
Captain's cabin, and there count and mark every bag, and
report the same .to the officer of the watch. This duty was
no part of the duty of . the Master, because, although he
was bound to see to the stowage of it, he- had nothing
to do with the counting of it ; the very act of carrying
it was a privilege granted to the Captain, for which he
received an ample remuneration, and took it on board
. at his own risk. However, a copy of this new code of regula-
, tions was handed by the Captain to the plaintiff, directing him
W get it recopied, and bring it back to him, signed by the
Ship's officers. The Learned Counsel here cited various parts
.of the Navy regulations, showing that if any officer had a com-
plaint to make regarding another. officer, it was to be made to
..the next superior officer in command - and if any new orders
Were issued, which an officer thought he was not bound to obey
. he was to represent his objection to them to the officer issuing
'the orders, but if he persisted in their being obeyed, he was
bound to obey them until he had communicated with the supe-
slur officer on the station. The plaintiff, considering the new
regulations about to be introduced by the defendant as unau-
.thorised by the laws of the navy, he, on the 14th of August,
presented a most respectful letter to the defendant, referring to
vitriol's clauses of the navy regulations, and stating that he saw
nettling in any of those clauses which would warrant him (the
plaintiff) in signing the regulations. Upon receiving this on the
,seine day (the 14th) the Captain assembled the whole ship's
crew, the guards were called out, tha marines mustered under
,arms, and then publicly on deck presented the letter to the
plaintiff; demanded to know of him whether he was the writer

of it. Upon the plaintiff replyiag that he was, the Captain or-
dered him into the custody of a serjeant and private ; he then
read the letter aloud, with much violence and gesticulation.—
Afterwards read aloud the Articles of War, laying particular
stress upon the disobedience, mutiny, &c. ; and then having
thus exposed the plaintiff to this degrading exhibition, be caused
hirii to be hurtieci.away below deck, and confined to his cabin,
which was only front six to seven feet square, and about four
feet high, and in which was his heti ; and there, in a place with
scarcely any light, kept the plaintiff confined for three days, in a
climate where, upon the deck, the heat was about 86 degrees.—
At the end of these three days he was set at large, and then the
plaintiff apprehended that there was an end of his offence, if
offence he had cotnmitted. Things went on thus until the 31st
of A must, when the Captain accused the plaintiff of having
made an addition to the entry in the log-beak that was not au-
thorised by the officer of the watch. The plaintiff replied, that
he made it at the express desire of Lieutenant Harwood, who
was the Officer of the watch. The Captain accused him of
falsehood and prevarication—he again referred to his former
orders, had the whole ship's crew agaid assembled in the same
manner as before ; and, after reading over the orders, lie direct-
ed the plaintiff to sign the orders, which he instantly did, at
the same time respectfully dissenting from their contents.
He then lied the articles of war again read as before—order-
ed the plaintiff again into custody, and had. him placed in
his cabin. Previous to the plaintiff's being sent down, how-
ever, in order as much as possible to degrade him, and irritate
his feelings, the Captain ordered two men who had been or-
dered to be punished, one tbr using disgusting language
to the boatswain, and the other for drunkenness, to be
brought on deck, and on addressing the first, said, " I cannot
punish you, my man, when I see you have so. baneful an ex-
ample before you" (pointing at the plaintiff,) and the punish-
ment of the other he reduced to six stripes. The Captain then
declared aloud to the crew, that the plaintiff, was labouring
under mental derangement, and said, he should send him to
his cabin to take care of him ; thus making him accountable
for his own acts,. as well as the acts of others, at the very time
when, if what the Captain said was true, he was not even ac-
countable for any act whatever. The plaintiff was then sent to
his cabin as before, guarded, and there detained until the ship
:arrived at Rio de Janeiro, which was a period of near eight
weeks, during the whole of -which time he was suffeeing -the
greatest agonies, both of body and mind. The Learned Coun-
sel then proceeded to relate certain acts of insult and-oppres-
shin, that the defendant had inflicted on the, plaintiff. The
plaintiff was brought to trial by a Court-martial, which Court.
ordered him to be slightly reprimanded, at the same time ad-
vising him to seek redress against the Captain in a Court of
Justice. In pursuance of that advice he had come before the
Jury to-day, and he (31r. Brougham) trusted that the Jury.
would, by their verdict, show the world, that all men in the.
army and navy, although they were liable to other and more
severe laws, still did not lose their rights as citizens ; and that
the Jury would also teach officers placed in authority under his
3lajesty, that they were not invested with absolute power, but
that power given them was to be administered according to
law, and that if they were guilty of a maladministration of
that power, they were amenable to the law for such misconduct.
Lieutenant William Harwood---Was on board the Tweed in
August last year ; the plaintiff was master of tier; a master is
of tile same rank as a Lieutenant; the ship sailed from Rio
Janeiro on the Bth August ; recollects some orders being issued
by Captain Hand; the orders now produced are the same;
they were issued about the 13th :August; the officers were all
required to sign them. On the 14th August the plaintiff was
placed tinder arrest on the quarter-deck ; the ship's company
was turned up, and the marines. placed under arms ; the Cap-
tain was on deck, the plaintiff was there also; the Captain pro-
duced a letter, and asked if that was his Writing ? the defend-
ant said it was, and conducted himself quite respectfully ; the
Captain gave him in charge' to a serjeant of marines, and a
marine sentinel then read his letter to the ship's company ; he
then read the naval articles of war, making gesticulations at the
plaintiff whenever he came to the words, "mutiny, disobe-
dience," &c. The plaintiff several times attempted to speaa,
but was prevented by the Captain calling out " Silence ; no
cabal." The plaintiff was then taken to his cabin, and con-.
fined until the 17th ; the cabin is about 4 or 5 feet high, and
from 6 to 7 feet square ; there is a small scuttle light in the
cabin, of about 9 inches by 5, that is the only means of ventila-
tion; the crew sleep on the same deck, about 130 in number;
the temperature is about 86 degrees ; the cabin would be wanner
than the gun-room. On the 17th he. was released, and per,
formed duty as master, and continued to do so until the 31st of
August, on which day he was again placed under arrest, the
crew were again turned out, and the marines under arms
'f he were both again present. The Captain desired him to go
down instantly and sign the orders, which he did. The plain-
tiff: at the same time, presented a letter to the Captain, saying
he was bound to obey those orders, and he begged leave to offer
his dissent until the opinion of the Commander-in-Chief was
known. The Commander-in-Chief was Sir G. Eyre.—Whilst
the plaintiff' was absent Signing the book, the Captain said that
the.plaintiff had inserted something in the log book, which
took place during.witpess's watch, and, by way of peevarication,
had said that witness desired him to do so. Witness replied
that he had so desired him. Part of what was inserted was
copied from the board, and. the other witness dictated ; but the
adition was a fact. The Captain then asked witness if any one
had heard him tell the plaintiff that he was at liberty to make
any insertion in the log book that he thought proper.—One of
the midshipmen replied, that he had heard him.—The name
cif the midshipman was L. Hardy. The Captain then read the
articles of war, pointing nut the particular ones which he con-
sidered the plaintiff canto under, at the same time asserting
that he was sure the plaintiff wes labouring under mental de.
rangement, and he would confine to his cabin, to take care of
him. Two sailors were then brought forward, who had been or-
dered for punishment, the one was for infamous expressions to
the boatswain, and the other for habitual drunkenness. The Capt
then said to the first man that he could not think of punishing
him, when he saw that he had such a baneful example before
him ; and to the other he made use of similar language, and
mitigated his punishment to six lashes. The plaintiff was
continued in confinement until the 11th of October, when he
was released by an order from the Commander-in-Chief.—
During the whole of this time lie was in close confinement in
the same cabin. The heat of the weather was much about the
same the whole time the vessel was at sea—from the 31st Au-
gust to the 2d of October—clueing which time the scuttle
could not be kept open. The plaintiff during this time was
allowed to walk the main deck for-one hour each day, but he
was accompanied by a guard, and not permitted to speak to
any of the ship's crew. On the'9th October, two Captains
of King's ships carne on fiend, and two days afterwards the
plaintiff was released. The ship left Rio on the 12th. Part of
the time the plaintiff had a sentinel placed over him.
The orders of the Captain were here put in and read.
John Rous produced a letter from Mr. Hannaford to Capt.
Henn, which Mr. Harwood proved to be in Mr. Hannaford's
hand-writing.
The letter referred to the Captain's requisition that Mr. Han-
naford should sign his (Captain Hunn's) orders, as he found
nothing-in the general naval instructions requiring him so to
do. Other letters from Mr. Hannaford to Capt. Huhn, were
put in and read. The log-book was also produced.
Lieut. Harwood re-examined.—The log was kept in chalk,
and then copied into the log-book. He was directed to turn to
that part of the log book which related to his being put under
arrest by order of Captain Hunn, and which he hid himself
dictated to the Master; as he. (Lieut. Harwood) did not think
his own entry on the log book sufficiently explanatory. The
Captain of tile ship in the King's service received half of the
profits of carrying specie, the Commander-in-Chief on the sta-
tion one-quarter, and Greim with Hospital one-quarter.
A letter from Admiral Eyre, directing that Hannaford might
not be confined so strictly, as to be kept without air, and that he
should be permitted to. walk the quarter deck and attend Divine
Service. It also required that his application for a Court Mar-
tial should be in a letter, confined to that subject solely.
Several of the articles of naval instructions were here read
with the view of showing that Captain Hunn had violated them,
but that Mr. Hannalorclhad not.
Lieutenant Harwood cross-examined.—They sailed from
England about March hist. Mr. flanitaford joined the ship in
that month at Plymouth. They sailed next day. Witness had
a quarrel with plaintiff on the quarter-deck. It was the day
before they went into Madeira. A complaint was made by
plaintiff to the Captain about it. The Captain was much dis-
pleased, and spoke to witness on the subject. It was proved
that Mr. Hannaford had acted rightly. It was no quarrel, a
mere difference of opinion on a point service. There was no
threat, nor did he on that or any other occasion, threaten Mr.
Hannaford with personal violence. 'Witness never heard that
plaintiff had so represented it to the Captain. Mr. Hannaford
and witness did not speak for a month or six weeks to each
other, though in the same mess. The First Lieutenant (Kelly)
complained to the Captain of Mr. Hannaford for a breach of
his orders. Did not hear what took place between Lieut. Kelly
and Mr. Hannaford lie never heard of two charges having
been made against Mr. Hannaford for disobedience of orders.
There were not perpetual differences in the gun room between
Mr. Hannaford and the other officers. Did not recollect any
other quarrel than the one between himself and Mr. Hannaford,
and Lieut. Kelly and Mr. Hannaford. It was usual for the
officers to sign the Captain's regulations, if not at variance with
the printed instructions. Ile had heard of persons refusing to
sign such orders on the ground of their being contrary to the
printed instructions. Mr. Hannaford did not sign Captain
Hunn's orders, other officers did, but remonstrated against
them. They remonstrated against more than one article One
article, which alluded to the quarrels, was withdrawn by the
Captain, at the desire of some of the officers. Did not know
that the quarrel between Lieut. Kelly and Mr. H. arose out of
the orders for stowing the specie. He was not on the quarter
deck when a quarrel took place between Lieut. Kelly and Mr.

Hannaford. The gun room was the mess room for all the offi-
cers. There was a memorandum drawn up by Captain Hunn
of the circumstances which led to the arrest, and was signed by
himself as well as the rest. After the second arest, there was
one signed by the other officers and himself. Was under ar-
rest on the 5.18 th August. There was a Court Martial upon Mr.
Hannaford. Was examined as a witness there. It was held
at Rio Janeiro. Five officers are requisite to form a Court.
It was held as soon as possible. He was put out of confine-
ment on the lids.

Re-examined by Mr. PAREES.—Was under arrest, but was
not tried, as Captain Hunts withdrew the charge. Mr. Han-
naford was not permitted to walk out of his cabin into the room
into which it opened. The orders remonstrated against were
the 13th and 14th. Witness objected, as well as the other offi-
cers, to the 21st. Captain Hunn did not withdraw the charge
against himself at his own request.—]A letter here produced.]
Witness signed this letter. The statement therein contained is
correct. • The v ;mess here entered into a long explanation of
this letter, but it was not material.
By Mr. Baotremax—Captain Hunn accused witness of
telling a falsehood respecting an entry which hed been made in
the log-book, but that gentleman afterwards explained.
Joseph Seale was surgeon of the ship ; remembers on the
14th August Mr. Hannaford was brought upon the deck ; Capt.
Hu no was there, and the pleintiff was then put under arrest.
Mr. Hannaford was put upon the sick-list on the 24th August,
and on the 30th he discharged his duty ; was present on the
29th August, in the gun-room, when Mr. Hannaford was writ-
ing in the log-book; Lieut. Harwood was there, and the entry
was made from the log-board ; plaintiff's behaviour was very
respectful to Capt. Hunn; during the first part of the plaintiff's
confinement, he walked upon the main-deck by order of Capt.
Hunn; witness heard the order given ; the Captain sent for him
and told him he was to walk on seven bells fur one hour
and a half; does not know whether the plaintiff had refused to
walk upon the main-deck or not ; the period for the plaintiff'
to walk was afterwards extended to three hours ; he complain-
ed of such an order, and said it was unpleasant, as people
ga.sed at him. Witness told Captain Hunn of these com-
plaints, and said if Mr. Hannaford did not think proper to hold
up his head, he would send down the Master at Arms, who
would compel him. Witness had informed Captain Hunn that
the gun-room was exceedingly close and hot, and proposed that
a screen cabin should be erected for Mr. Hannaford, which
would be mote airy. Captain Hunn replied, that Mx. Hanna-
ford must pay for his folly or madness, cannot say exactly
which, anti that he did not think the plaintiff was altogether
of sane mind, but did not consult witness as to whether such
was the case or not. Nothing was then said about his being
released, but subsequently Captain El. said once or twice that
he would not set the plaintiff at liberty without the order of
the Commander.in-Chief. After they arrived at Rio, witness
suggested the propriety of releasing the plaintiff, saying, that
gentleman might become ill, and if such was the case, it might
not be so well. The Captain said he would only do so by orders
of the Commander-in-Chief; but when there was a survey held,
if the medical gentlemen should think it requisite, he would
then release him. The thermometer was from 81 to 86 in the day,
and at night 80. Witness; has often been compelled to get out
of bed and go into. the gun-room for air. Remembers some
bedding being sent down below wet, but did not see it. After
the 4th October the space the plaintiff was permitted to walk
was more circumscribed, it being not more than three or four
yards. He complained of this, and asked witness to mention
it to Captain Hann, and also to state that the sail-makers were
at work there. Captain H. told witness that the plaintiff ought
to order them away. An officer when under arrest cannot give
orders. About the time the plaintiff' was released front close
arrest, he was ill with the bowel complaint; such complaints
are common in warm climates; cannot therefore say it was
brought on by the confinement.
Cross-examined by Mr. Scanevrw—Most probably men-
tioned to Capt. Hunn that exercise was actually necessary for
the plaintiff. Remembers plaintiff refusing to take orders from
Mr. Kelly in the gun-room. Thinks it was about some stores.
This was before either Of the arrests. Remembers one of the
midshipmen coming into the gun-room, and delivering a mes-
sage respecting some money to the plaintiff, which was to be
stowed away, and that the plaintiff was to tell the mate of the
lower deck; this mate was one of the master's mates. Rather
thinks there was a message in consequence of this, desiring
the plaintiff's attendance on deck-
Lieut. Ellis and Mr. Arden, Midshipman, corroborated the
evidence of the last witness.
The ATTORNEY-GENELAL then addressed the Jury for
the defendant, and called their attention to the situation of
the Captain of a King's ship, who was bound to check any
appearance of mutiny and disrespect in his crew. Front
the commencement of the voyage, Mr. Hannaford had
shewn a desire to quarrel with his brother Officers.—
Lieutenant Kelly had been left in charge of the ship when
the Captain landed at Rio de Janeiro, and the plaintiff re-
fused to receive Mr. Kelly's orders. The next proof of dis-
obedience was a refusal to stow a quantity of specie which was
received on board. 'rise Captain, on hearing the report of
Lieut. Kelly, was desirous of making Mr. Hannaford slier sub-
mission; he ordered Lieutenant Kelly's complaint to be put in
writing; he then sent for the plaintiff, and told him if he did
not alter his conduct he should be obliged to represent him to
the Commander-in-Chief; 'Mr: Hannaford said he stood well
with the Board at home, and did not regard any representations.
Captain Hunn, in the discharge of his duty, then thought it ne-
cessary to draw up the orders which had been read in Court.
The plaintiff had no excusefor not signing them ; the plaintiff,
instead of signing the orders, sent a letter to the Captain, writ-
ten with bad feeling, and the Captain put him under arrest.—
His
improper conduct to Lieutenant Kelly, and language used.'
to the Captain in his cabin, constituted a charge proper for a
COurt-martial ; the plaintiff was consequently put under close
• arrest ; the Captain *owe time after released him, and it became
necessary to confine him again.
Having justified the conduct of the defendant, the Attorney-
General called Lieutenant /icily, who stated, that the plaintiff
signed the Captain's orders, when peremptorily ordered to do
so, but protested at the saute time against three of these orders
as being contrary to the service.
The proceedings of the Court Martial which tried the plain-
tiff were also read. It appeared that the Court acquitted him
on the charges of disobedience, because he had been ordered to
do his duty and released from arrest. On other charges they
ordered hint to be. reprimanded. It appeared also that the
plaintiff wrote a letter to Admiral Eyre, to bring the defendant
to a Court Martial, on a charge of wasting the King's stores,
and of applying the same to his own use. The charge he did,
not follow up.
Mr. Bao GHA3I, in a most eloquent reply, contended that
the defendant had made out no defence.
The LORD CHIEF JUSTICE read over to the Jury all the
pleas of justification, and left them to consider whether the
plaintiff had been guilty of disobedience. If he had, the de-
fendant was justified in putting hint under arrest, and entitled
to a verdict. _ The Learned Judge saw nothing disobedient in
the letter written by the plaintiff to Captain Hunn, and with
respect to the alteration of the log-book, it appeared a very -tri-
vial matter.
The Jury retired front the box, and on their return found a
verdict for the plaintiff—Damages 250 i.

NORFOLK ISLAND.—The accounts from this re-
novated panal Settlementeare rather of an interesting description.
His Majesty's cutter Mermaid, Captain Penson, arrived in the
Cove from thence last week, after a stormy passage of 13 days.
Considerable progress has already been made in arable cultiva-
tion. Six acres of wheat are in the ground, three acres and a
half of maize. Potatoes, cabbages, peas, and other varie-
ties of vegetables, are planted, and every thing bears a very
promising appearance. The surface of the whole Island
was overspread with grass, four, five, and six feet high. Guava
trees are in great abundance, as also orange and lemon
trees. The coffee plants flourish most luxuriantly'. Some of
them are seen bearing not less than four or five bushels
of coffee. Pine trees, of a very fine size, are numerous.—
The various animals have increased to a wonderful extent—
such as pigs, fowls, pigeons, &c. The pigs are very large.
Several of the prisoners, who are of the worst and most
incorrigible class of offenders, were at first particular-
ly refractory. Captain Turton, however, ordered out the
triangles as the most effectual recipe for the disorders, anti
after having had a few dozens administered, found his prescrip-
tion operate tolerably well. He keeps the men hard at work
from sunrise to sunset. A great Many of the buildings' the
walls of which were in a pretty good state, have been
roofed in, and repaired. Public stores and barracks for the
men, have been put in an efficient and habitable state.—
Huts alto for the prisoners have been erected. The
old lime-kiln has been rekindled. It was not in the least
degree dilapidated. The old road from Cascade to Sydney,
now called by Captain Turton, Kingston, is put into good tra-
velling order. In short, the effects of industry and hard labour
have, within the short period that has elapsed since the landing
of the company and the prisoners, re-adorned that garden of
Eden, ‘‘ still where many a garden flower grows wild," and
which many persons now resident here abandoned with regret and
an aching heart. The cutter was kept constantly moving round
the Island, seldom coming to an anchor. During the 6 weeks
that she was there the south-west'gales plasivailed almost inces-
santly. No ships ever hove in sight. It is supposed that the
bad weather prevented whalers cruising about there. The finest
sperm whalers are found in the greatest numbers. An immense
number of fish of all kinds are found. around the island. The
weather was experienced comfortably warm.--(Alistralia.)

EXECUTION.—John Smith, who was found
guilty of horse-stealing. at the Essex Assizes, was yesterday
executed, according to his sentence.

STIRLING, STIRLING, AND 110D;OLL.

We stated on the 13th instant, the day on
which this old and respectable Establishment
deemed it expedient to suspend their pa ythents,
that we had GOOD AUTHORITY for rAying that, On
the arrangement of their affairs, all their-c-&toiners
would be paid their full balances. The t*,,Howing
Circular, which the firm yesterday i,stied, justi-
'fies our assertion, and the promptness with which
they investigated their accounts, ana commu-
nicated the favourable result to the to
sufferers by their failure, entitles them not Only
to the approbation of the parties immedi.itely af-
fected, but to public respect, and we have no
doubt that they will be able to resume their bu,i-
fleas with the entire confidence of all their former
customers, and that the long-tried credit of the
Establishment will be fully reinstated :