The Sun.
London, England, 1841-08-20 00:00:00

RENNS V. BENNETT.

This was an action brought by the plaintiff; a seaman,
against Mr. Bennett, a merchant of the City of London,
to recover the amount of wages alleged to he due to him
for his services on board one of his vessels, and also to
recover compensation for having been illegally removed
from the vessel at the island of Java and left there un-
lawfully.

The defendant admitted that a contract had boon en-
tered into with the plaintiff, but pleaded that he had
acted cautiously, and that what had been done in re-
moving him from the vessel was a necessary proceeding
to ensure its safety.
Mr. James and. Mr. Lush *appeared for the plaintiff;
and Mr. Thesiger, Mr. Platt, and another learned gen-
tleman:for the defendant.

Mr. JAMES, in stating the case, said that the plaintiff
had to complain of serious injury that had been inflicted
upon him, and he sought compensation at the hands of
the Jury for that injury. Having detailed the circum-
stances of the case, the Learned Counsel called a num-
ber of witnesses to prove it.
Mr. THESIGER then addressed the Jury, and said the
case was one of very great importance, not only to the
plaintiff, but to the maritime interests of the country. It
was highly essential for the protection of both life and
property that strict discipline should be kept up on
board vessels navigating the ocean, and, although any
undue severity or harshness, on the part of a commander
of a vessel, ought not to be countenanced, still great al-
lowancea should be made for him in cases where it was
quite clear that he was only actuated by a desire to do
his duty to the owners and to those whose property was
entrusted to his charge. It was admitted that an agree-
ment had been entered into, whereby the defendant
undertook to give the plaintiff a certain share of
the profits if he served him well and faith-
fully through the voyage ; but he should show
that upon the original captain dying, and the first
mate, according to custom, taking the command,
the plaintiff and several others chose to consider them-
selves aggrieved, and refused to do any duty unless the
vessel were taken to an English port, which, if it had
been done, would have entirely destroyed the voyage, and
that they manifested such a mutinous and insubordinate
disposition that Captain Smith felt he could not safely
proceed with them, and he therefore left them at Java,
and took other men in their place. As to the excuse
that had been made that Smith was a foreigner, and that
the men did not like to sail under him, it was ridiculous.
They knew, when they signed the articles, that he was a
foreigner, and that was the proper time to have made
the objection. He submitted to the Jury that what had
been done was necessary for the safety of the ship, and
that therefore the defendant was entitled to a verdict,
when he had satisfied them, by the evidence, of the truth
of what he stated.

After witnesses had been called,
Lord Chief JuStice TINDAL, in summing up, said
it appeared to him that the plaintiff in refusing to work
the vessel had committed a direct breach of the con-
tract that was entered into. He did not see that the
plaintiff had any thin.. to do with the fact of Smith being
a foreigner ; and when the captain died, he being the
next officer, was entitled to the command, and the crew
were bound to obey him.
The jury, after a few minutes' deliberation, returned a
verdict for the defendant.

August 19.

(Before Lord Chief Justice TINDAL and a Common Jury. )

JEROME V. THE THAMES TUNNEL COMPANY.
This was an action brought against the defendants, for the
purpose of obtaining compensation for injury done to the
plaintiff, in consequence of the negligence of the defendants in
leaving a hole in the Tunnel, into which the plaintiff fell, and
hurt himself severely.
Mr. Thesiger conducted the plaintiff's case ; and Mr. Platt
and Mr. Russell Gurney appeared for the Company.
Mr. THESIGER stated that the plaintiff was a respectable
tradesman, residinglin London, and he sought from the defendants
compensation for serious injury that hehad sustained through the
negligence of their servants in not protecting a hole in the
Tunnel, that had been made in the progress of the works.
The defendants had admitted they were in fault, and had
tendered a sum of money to the plaintiff, but as he considered
it was not sufficient compensation for the injury he had suffered,
he was compelled to apply to a jury.
Witnesses were called, and the Chief-Justice (who seemed
to think the plaintiff also guilty of negligence) summed up,
when the Jury returned a verdict for the defendants.

NORTHERN ClRCUlT—Liverpool, Aug. 18.
CROWN SlDE.(Before Lord DENmAN.)
William*Barker, William Parkinson, Thomas Goodier,
Samuel Pennington, and Henry Ellis, were indicted for a
burglary, with violence, in the house of Thomas Shaw,
at Poulton7cum-Fearnheed. on the 27th of March last.

Mr. Wilkins and Mr. Monk conducted the prosecu-
tion. Mr. Murphy defended the prisoners Ellis and
Pennington.
It appeared from the evidence of Hannah Barton,
who was the housekeeper of the prosecutor, that she
was- awoke on the night of the 27th of Mardi by the
barking of a dog. She then heard the noise of feet
amour stir :ma - •
arms. She ran to the window, when a pistol was fired
at her from without, the ball from which grazed her
forehead. Stones were then thrown in, one of
w!lich struck her. She went down stairs to alarm her
master, and a servant-man who slept in the parlour,
when she saw four men there ; she, with some difficulty,
broke the window of a back workshop, and was getting
out, when the prisoner Ellis caught hold of her, and ano-
ther came from the back door, with a weapon in his hand.
She begged them not to hurt her, and they said, it she
got in, they would not, and the man raised his weapon,
and threatened to knock her brains out, if she did not get
in, which she did. While there, two men came from the
parlour, one with a pistol, the other with a dark lantern.
They refused to let her go to her master and the man.
The one with.the pistol threatened to blow out her brains
if she attempted it. They remained after this about 20
minutes, and went away, locking the door after them, and
taking the key away. A dark lantern-slide was found in
the kitchen.

Thomas Shaw, the prosecutor, deposed, that when
the door Was broken, four men rushed into the parlour,
and with dreadful oaths and threats demanded his mo-
ney. They all seemed to be armed with pistols, and
two had dark lanterns. The servant struggled with one
of them, but they thrust him down in the bod and held
the bolster over him. Shaw then gave them his purse,
containing about 361. in gold. They next hroke open
the doors and cupboards and took what silver they could
find, with a knife and some other articles. One stood
sentry over the witness with a loaded pistol pointed at
him, while the others searched the house.

Thomas Sutton, an approver, who was admitted to
give evidence, stated that he lodged with Pennington in
Parkinson's house, at Ch orl ton-upon-Med lock, six teen
miles from Shaw's,. afid that the robbery was planned
on the-25th of March. The parties set off by different
roads, and met at a stile near the house about ten
o'clock. They then went to a house not far off, and
got some buttermilk, and returned to a heap of manure
near the house, where they remained about an hour, and
then proceeded to their purpose. The witness then de-
tailed the circumstances already given in evidence by the
housekeeper and the prosecu tor, and added, that when they
Pof out of the house Pennington had a large watch and
arkinson some silver. Barker pulled out 71. 10s. in
gold from his pocket, and Goodier had two large spoons.
They overtook a lad with two horses, upon which they
procured a ride for some distance towards Manchester.
He then went to Parkinson's and to bed. In the evening
he saw Parkinson, who said he had sold the old spoons
for 65., and gave witness Is. 3d. Some days after he,
George Bibbey, Parkinson, and Ellis went to the railway
station, where they were taken into custody by Jones,
the constable of Warrington.
It appeared from the cross-examination of this witness
that he had been engaged in other expeditions of a simi-
lar nature, but his evidence was nevertheless corrobo-
rated by that of other witnesses in several points.
Jones, the constable, searched Parkinson's house,
where he found two black packs of calico, apparently in-
tended to be used as a disguise, two pistols, two dark-
lanterns, two " jemmies," a large bunch of skeleton keys,
and other instruments of their calling. The " jemmies"
fitted the marks where the house door had been forced
open.
Mr. MURPHY addressed the Jury for Ellis and Pen-
nington, and the other prisoners spoke in their defence.
The case being summed up,
The Jury found all the prisoners Guilty.
Sentence was deferred, there being five indictments
against them for similar offences.

WESTERN ClRCUlT—Bristol, Aligust 19.
The commission was opened here yesterday after-
noon by Mr. Baron Maule, who arrived by the Exeter
Railway from Bridgewater, and was escorted from tile
terminus to the Court by the usual procession. This
morning at ten o'clock the Court was opened, there
being thirty-nine causes entered, two of which arc spe-
cial Jury cases, and will be taken on Saturday.

POLICE INTELLIGENCE.
MANSION-HO USE.
The LORD 111 Avon was occupied a considerable part
of Tuesday in hearing the case of Scott, the private of
the British Auxiliary Legion of Spain, against Alex-
ander Somerville, who was charged with having received
the instalments due upon the complainant's certificates,
and appropriating them to his own purpose, and also with
detaining the certificates.
Somerville having summoned Signor Castaneda, the
agent for the. Spanish Government, Mr. Dufour, of Lin•
coin's Inn-fields, solicitor, attended for that gentleman,
who was himself prevented from attending by his en-
gagerrients in paying the instalments due to the men em-
ployed in the Legion.
Sir Peter Laurie, who had heard the former state-
ments on the subject, was compelled tobe absent in the
country on business.
The Loan MAYOR addressed Somerville, and asked'
him whether he was ready to pay Scott the money re-
ceived upon the- certificates, and to deliver up the certifi-
but he
cates, according to the positive promise made by him.
ly're.lcjy tp ply the
S money,hinbegged that his Lordship Would confider
that was nchargeders'le4 with having
idthatliellillving SPerffeco
indorse-
ment to the certificate, and he could not think of paying
a farthing with such a charge hanging over him. That
accusation must be first withdrawn. •
The LORD MAYOR said that he was not hearing a
charge of forgery. It was true Scott had declared that