The Sun.
London, England, 1841-02-20 00:00:00

QUEEN'S BENtit-(TRIS DAY.)

(Before Lord DENMAN and a Common London Jury.)
Tr AANCIS V. HUTCHINSON.
Mt: PLATT stated the ease for the plaintiff. It was me of
very esetisidetable importance, &cense in the present instance,
there being a dispute between master and mariner, the former
had resorted to corporal punishment and imprisonment. He
admitted the importance and necessity of subordination and
discipline on board ship, but the utmost caution should be
used lest the man who acted himself as judge and executioner
should abuse the authority vested in him, and permit it to de-
generate into tyranny and oppression. The defendant was
master of the ship Greyhound, and the plaintiff was articled to
him as boatswain for a voyage to the East Indies and back.
Nothing occurred on the voyage out, but on their return
home they put in at Aleppo, on the coast of Malabar,
to take in a quantity of pepper, on the 13th of March last.
The Learned Counsel then detailed the circumstances of the
assault which was committed on- the plaintiff by the defendant, 1
as it afterwards appeared in evidence. It was only the verdict
of a Jury that could put down such barbarity and petty tyranny
as was sometimes exercised on board merchant ships. The
voyage was completed in September, 1840, and the plaintiff was
discharged. His wages were withheld unless he would make
an apology for what was termed his mutinous conduct, and the
unfortunate man was compelled to come into Court to seek re-
dress for the injury inflicted upon him, and also bring an action
to recover the wages which had been withheld from him.
The evidence of Nicholas Jibon, a mariner, which had been
taken before a Master, was then read. With reference to the
assault the witness deposed, that when the last boat load of
pepper came alongside, Francis, who was in the hold, sung
out, L° Keep them on deck till we make room for them.'
The Captain, who was on deck, called ote, " There is
plenty of room for them." Francis said, " If you strike
them down, you must send more hands to help to S'ONV
them away." The Captain then jumped down the main hatch-
way to the 'tween decks, and collared Francis, and gave him a
violent blow. The Captain asked who ordered him to come up
there, and Francis said " You did." The Captain said
" You lie, you d—d blackguard." They both then came
down by the ton into the hold, and the Captain sung out for
help, and a lot of the black fellows (Lascars) came down and c:1-
lared Francis. The Captain said Seize him up, and he was
brought on deck. I remained in the hold, and heard lashes.
When Franck came down his eyes "ere " bunged up"—his
back was in a shocking ettste, and it was a is7ng time before it
got well. Francis was a very good man : I never Ynew him to
give insolence to the Captain, or to refuse to do his duty.
John Campbell, a sailmaker on board the Greyhound. said I
recollect the last boat load of pepper coming on board at Aleppo.
Francis was boatswain, and had the management of the men
who were stowing the pepper into theßold, The Captain was
standing at the starboard side of the main hatchway on the upper
deck. The first thing that attracted my attention was the
Captain damning some one itt the hold, lie seemed in a great
passion, and jumped down to the 'tween decks. I was mend-
ing a sail on deck, and continued my work. I heard the Cap-
tain sing out for help, and several of the Lascars bundled
down to the hold. There Were about a dozen of the
Lascars, for one Englishman would not allow two or the ee of
them to handle him.--(.A laugh.) They brought Francis on
deck, and the Captain sent the boy for his sword. He then
ordered them to seize him up to a gun, and while they
were doing ~:o, and while holding his arms, the Cap-
tain gave Francis several punehes and severe blows with his
fist. He was then seized down (1 led) hands and feet to the
gun. The Captain told ih •in to give him a d—d good flogging..
The serene-, (the boatswain r f the Lascars) then flogged him
with the end cf the maintop-gallant brace.--( Witne2S here pro-
duced a portion of the rope, which was a thick heavy rope.)
He gave no insolence whatever while on deel4. He com-
plained of his wrists being seized too tight, but the Captain
told them to go on. He said to the Captain that he would
be sorry for that when he returned to England, The Cap-
tain said" If you threaten me, I shall give you four dozen."
The serang gave him two dozen. The flogging was a very
severe one. His eye and face were marked with the blows,
and his back covered with large wheals. After ho was flogged
the Captain told him to go forward—that he should not do
any more duty as boatswain in the vessel, and desired him
never to come abaft the windlass while he remained on board.
He never did except to get his food, and on one occasion to
attend the burial service of one of the men. Francis was not
drunk at the time.
Cross-examined.—l do not know what occurred in the hold.
Ido not recollect where the chief officer was at the time.
The windlass was about eight or ten feet from the head of the
ship. When Francis was brought on deck, lie did not break
from the Lascars and go towards the Captain. Francis did no
duty after the flogging ; he was not allowed to do any.
By the Jury—There was no angry fee'ing between the Cap-
tain and the plaintiff prior to this occurrence.
Mr. Fish, a law-stationer in Chanedy-lane, proved that
Francis applied to a Mr. Leary, a ship agent, for his wages,
and was refuted them, because he claimed mare than Leary
was authorised to pay.
This was the case for the p'aintiff.
Mr. THESIGER then proceeded to address the Jury on behalf
of the defendant. .He could well apprecia'e the difficuPies
with which he had to struggle in endeavo ring to bring the
minds of the Jury to a calm csfisideratiort of the case, after
they had been influenced by the powerful expressiens of his
Learned Friend, who had excited the feelings of the Jury
against the defendant, by describing him as a tyrant, who had
been induced fr ,m ill feelings towards the plaintiff to inflict
the punishment he had done. One of the witnesses for
the p aintiti had stated there was no ill feeling between
the p'aintiff and defendant up to the period at which
the occurrence took place. It was clear, therefore, that
there must have been some improper and mutinous con-
duct on the part of the plaintiff to induce the defendant to in-
flict the punishment upon him he had done. He (Mr. Thesi-
ger) felt confident that he should be able to show that the
plaintiff had been guilty of so great a dereliction of duty as to
deserve the punishment he had received. The principal ques-
tion for the Jury was, whether the plaintiff had been guilty of
such disobedient conduct as to authorise the punishment that
had been inflicted, and that would depend not alone on the
evidence.for the plaintiff, but upon that which he should ad-
duce on behalf of the defendant.
William Wheeler—l was chief officer of the Greyhound when
the vessel-was at Aleppo. The plaintiff assisted in stowing
away the pepper. I asked him if he could take any more down,
as we had a great quantity on deck, and another boat along-
side. He said he could not. There appeared a great many
robings (bags) in the square of the hold as I looked down from
the main hatchway. The Captain had just come on board,
and I told him what plaintiff said. The Captain said what
use was he (plaintiff) if he could not take any HIM down ?
He then directed them to lower down more bags. Two were
struck down into the hold, and Francis came out of the hold.
The Captain asked what he was coming up for, and Francis
said You ordered me up. The Captain said he did not. I did
not hear the Captain order himmp. He said If [ ordered you up,
I now order you down. Francis said You ordered me up, and
I shall come up. The Captain jumped down 'tween decks and
collared Francis. He did not strike Francis. There was a
slight struggle and they both rolled down into the hold. I saw
the Captain's arm in the evening, it was bruised and disco-
loured. I jumped down with eight or ten' Lascars to rescue
the Captain. The Lascars seized Francis and took him up bee
tween decks. He was then brought on deck, and got away
from them more than once. I did not see him put himself in
any attitude. His jacket was off, but his clothes were not taken
off when he was flogged. I thought the punishment was ne-
cessary for the preservation of the discipline of the ship. The
plaintiff was then disrated, and did no more duty. Ile was or-
Gered not to come abaft the windlass or the mainmast. I don't
recollect which. 1
Cross-examined--I don't think the punishment was a severe
one. I should say the rope now produced would hurt one se-
verely, if struck with the force of a man's arm.
The depositions of Ameer Nathan, a Lascar, who was exa-
mined through an interpreter, were then read. His evi-
dence was that the Captain, when 'tween decks, ordered the
plaintiff to go into the hold, and that he refused, saying, "If
he was obliged to go, he would drag the Captain with him,"
and then laid hold of the Captain and pulled him into the
hold—that Francis was a little drunk at the time. He added
that the Captain had given him (the witness) money to buy
the clothes he then wore, and had promised him some money.
He did not understand English.
Mr. Platt replied, and Lord Denman having summed up,
the Jury returned a verdict for the plaintiff—Damages 1001.

THE MARKETS.-(THIS DAY.)

NEWGATE AND LEADENHALL

Meat was'in good supply, trade rather lively, and prices as
follow :—Beef, inferior, 3s 4d to 3s Bd, and prime, 4s to
4s 2d ; Mutton, inferior, 3s to 3s 6d, and prime, 3s 10d to
4s 2d; Veal, inferior, 4s 8d to ss, and prime, 5s 4d to bs 6d;
Pork, inferior, 3s 8d to 4s, and prime, 4s 4d to 4s 10d per
stone of 81b. Tne supplies of Game and Poultry were fair,
prices were fully maintained, and the trade was rather better
than of late. Eggs in large supply—French 6s 6d to Bs, and
English 8s 6d to 10s 6d per 120.
WHITECHAPEL MEAT MARKET.

There was a brisk demand, and the supply being small
former rates were fully supported. Beef, 2s. 4d. to 4s. ;
Mutton, 2s. 4d. to 4s. ; Veal, 4s. to ss. 6d. ; Pork, 3s. Bd. to
ss. Bd. ; Lamb, 3s. to 6E.
WHITECHAPEL HAY MARKET.

Demand steady prices were firm, and supply good. Clover,
51. 10s. to 61. ; Meadow Hay, 41. to 51. ; Straw, 38s.

TEA MARKET.

The demand for Free Trade was limited, but in prices no
variation took place. The speculative market was dull, and
Is. 61d. the value of Company's Congou for cash.
TALLOW MARKET.

The demand dull, and: prices had a don.ward tendency.
The value of P. Y. Candle 465. 6d. on the spot.

COUNTRY CORN MARKETS.