The Sun.
London, England, 1840-12-10 00:00:00

KING V. CHAPMAN.

Mr. THEIIGER stated the case. It was an action
brought by the plaintiff Thomas King, a seaman, to re-
cover compensation for the injury he had sustained by
being flogged by order of the defendant, who was Cap-
tain of the ship Mermaid. The defendant pleaded that the
plaintiff had been guilty of riotous and mutinous con-
duct, and had refused to obey his orders, and that the
punishment was only moderate and reasonable.
John James—l was boatswain of the Mermaid on its
voyage from London to Bombay. We left London on
the Bth August, 1.839. A person named Lowndcs, a
seaman, was ill on the first September, and for some of-
fence the Captain, Mr. Chapman, put him in irons in
the poop. King, the plaintiff, who was a seaman, went
down to supper at, five o'clock, and shortly afterwards
the chief officer came and told sae to turn the hands up.
I went to the quarter-deck and saw the Captain
there with a pistol in his hand. He was
in a passion, and desired me to get the
seizings. I sent my mate for them, and King was
brought down from the poop and was ordered to strip
by the Captain. His shirt was taken off, and he was
seized up to the grating in the main rigging. The Cap-
tained desired me to prepare for punishment, and I
said 1 had no cats. The Captain sent the chief officer
to his cabin for cats. They were made of nine pieces
of white lines fastened to a stick. He then desired me
to proceed. The man had never been flogged before.
He got two dozen lashes. They were severe, and the
man seemed to suffer very much. I never knew King
guilty of any neglect of duty. He had been on a
voyage to India with me before. We arrived at Bom-
bay on the 27th February, and reached Landon in
August. That was the only punishment that took
place on the voyage. I was on board a man-of-war.
The usual custom on board the navy, on board East
Indiamen, and in the merchant service, is to have a
sort of trial before the man is punished. I have
flogged black men before, but never a white man.
Lowndes was put in irons for a striking a boy. The
captain threatened to put me before the mast for lend-
ing the sail-maker, my mess-mate, a suit of blue clothes.
When the sail-maker returned from on shore I charged
him with abusing my clothes ; he gave me a saucy
answer and I struck him.
Frederick Hewett—l was a seaman on board the
Mermaid. I cannot tell how many able seamen there
were. They were nearly all " idlers."—(A laugh.)
When we were at supper, on the night of the Ist Sep-
tember, we were ordered on deck. The Captain said
if any of us advanced further aft than the main-mast he
would shoot us. He had then a pistol in each hand. I
saw King on the poop ladder, and the carpenter was
rigging the gratings. The Captain asked if any body
hed any thing to say, meaning complaints. I said,
We are only 260 miles from the Cape, why not try
him by the laws of his country." The Captain said he
would use bis own discretion in that, and said this is
under martial law, hats off (I had my cap on), and drew
a sword, and presented it over my head, saying. if I did
not take off my hat he would split me down. I was not
afraid of him though.—(Great laughter.) I saw King
get his two dozen. The Captain told him to go for-
ward, and King said he did not think it was customary
to flog on board a merchantman, The Captain said if

he did not go forward he would give him three dozen
u ore. I never saw King neglect his duty.
The depositions of Adams the carpenter (since dead)
were put in and read. They were corroborative of the
other witnesses. The Captain said King was flogged
for interfering in Lowndes' case, with which he had
nothing to do.

Sir P. Pou.ocx addressed the Jury for the defen-
dant, and quoted the opinion of Lord Tenterden, that
" at. Common Law the Master had authority over all
the mariners on board the ship—that it was the duty
of the mariners to obey all his lawful commands—that
in caso of disobedience or disorder he might correct
them in a reasonable manner, his authority being analo-
gous to that of a father over his children, or a master
over his apprentice. Such was necessary for the
safety of the ship and of the persons on board—that it
behoved the master to be very careful in the exercise
of that authority, so as not to make it a pretext for
cruelty and oppression."
George Bain—Was chief mate of the Mermaid in
1839. I remember Lowndes being put in irons. King
brought him a pot of tea by my permissioe. He said
to Lowndes that be should not remain in irons—that he
would have him liberated. I advised King to go
quietly from the poop. He went to the other side of
the poop, began swearing, and said he would have
Lowndes liberated. I again told him not to inter-
fere. King went towards Lowndes and I took hold
of him. Captain Chapman came to my assis-
tance, and ordered me to take him down to
the quarter deck. He was then seized up to the
gratings and the hands turned up. King addressed
them and said, " Do you consider yourselves men to
stand and see me flogged ?" Harper, one of the sea-
men, said to the Captain he might take the ship to
Bombay himself, for he (Harper) would not do it.
I thought the Captain was decidedly called upon to
interfere. The irons on Lowndes were with shackles
and a 'holt locked. I kept the key and he could not
be releared without obtaining the key from me. The
Captain bad a sword and pistols after King was taken
into custody. I also armed myself with a sword and
pistol. I don't know whether the surgeon was armed
or not. King was attentive to his duty both before
and after this circumstance. I had no complaints of
him whatever. I thought the discipline of the ship
was in danger from King's conduct.
By the Jury—The general conduct of the crew up to
that time was very good.

Mr. Thesiger fiaving replied, Mr. Justice Cole-
ridge summed up to the jury, who returned (after two
hours' deliberation) a verdict for the defendant. They
at the same time gave it as their opinion that each
party should pay his own costs.

COURT OF COMMON PLEAS, DEC. 9.
MORRISON AND CO. V. SMITH.

This action was brought by the plaintiffs, merchants
in London, against the captain and owner of the ship
Hero, East Indianian, to recover the sum of 771.145. 10d.
for the loss of tea to that amount of value consigned
to them from Canton, on freight of the defendant's ship.
It appeared that the Hero sailed from Llanelly, South
Wales, with a cargo of coal, to Mocha, an Arabian
port, upon the Red Sea. Having discharged his cargo,
Captain Smith proceeded, with ballast of sand, to Bom-
bay, where he took in a cargo of cotton for Canton,
where he received a cargo of tea for London, a part of
which, consigned to the plaintiffs, was damaged by the
vessel's shipping a quantity of water in a gale off the
Cape of Good Hope.
The case for the plaintiffs was supported by the
testimong of several captains, engaged for many
years in the tea trade, between Canton and
London, that the injury done to the tea on board the
Hero, was owing to the defendant's using sand for
ballast on the return voyage, instead of taking in at
Canton the China ballast, consisting of shingle, which
those witnesses considered the fittest upon which to
stow teas.

For the defendant a number of witnesses deposed
that the teas on board the Hero were carefully and
well stowed, that the sand ballast was preferable to the
shingle, and that the damage done to the tea was not
owing to the ballast or the manner of stowing, but
solely to the unavoidable effects of the gale.
'The whole question turned upon the comparative
merits of the different kinds of ballast ; and after the
case had occupied the whole day, the jury returned a
verdict for the plaintiff in the full amount.

POLICE INTELLIGENCE.

MANSION-HO USE.

Thomas Pillgrem, a young man of respectable ap•
pearance, was brought before Alderman Wilson in the
custody of Daniel Forrester, charged with having com-
mitted forgeries for the purpose of defrauding the Bank
of England.

Mr. Freshfield, the solicitor to the Bank at England,
attended for the prosecution.
Mr. Matthew Dick, of No. 19, Catherine•street,
Pimlico, stated that he was, on the 21st September,
possessed of 100/. stock in the New Three-and•a-llalf
per Cents. Annuities, standing in his name in the Bank
hooks, and that he was on, and prior to the Gth of
November, possessed of 19/. 13s. in the Consolidated
Long Annuities, also standing in his name. That he
never authorised the transfer of either stock from his
name, and that the two documents, purporting to be
powers of attorney, and signed " William Pillgrern,"
were not signed nor executed by him, and were forge-
ries. He was acquainted with the prisoner, aHd be-
lieved that the documents were signed and executed by
that person. Witness had advanced money to the pri•
soner, who was indebted to him in the sum of 30/., and
who knew that he had the money in the Bank in his
name, and acknowledged, on the 7th of December that
he had forged the powers of attorney.
Alderman WILSON—Is he a relative of yours 2—The
witness replied in the negative. He was merely a
friend, and witness was his guardian through his aunt.
Mr. Fresh field said that the case was an extremely
bad one, for the prisoner had sold out his own money,
and also, by false powers of attorney, the money of his
two brothers, who were in Newfoundland, and was in
the act of doing mischief of the same kind when he was
taken into custody. The broker who transferred the
stock stated that the prisoner called upon him and re-
presented his name to be William Pillgrem, producing
at the same time a letter purporting to be written by
Matthew Dick; and addressed to the witness, who was
acquainted with Mr. Dick, and wrote to him in reply
that if he wanted money he must obtain it in the regu-
lar way, by selling out stock. The prisoner subse-
quently brought to witness a letter as if from Mr.
Dick, stating that he would sell out, and witness, at
the desire of the prisoner, obtained a power of attorney
for the sale of 1001. in the New Three-and-a-Half per
Cent. Annuities, and handed it to the prisoner for exe-
cution by Mr. Dick. 'fire prisoner brought back the
power as executed, and the stock was accordingly trans-
ferred, and the money was given to him. The prisoner
again called upon witness and gave hint a verbal autho-
rity to sell Si. stock in the Long Annuities. The trans-
fer took place as before, and the power of attorney was
executed, and the prisoner received the amount. After-
wards the prisoner called upon witness upon similar
business, and was given into the custody of Daniel
Forrester.

Alderrean WIL!WN (to the witness)—Are you regu-
larly licensed by the Court of Aldermen to act as a
broker? Witness—No.

Alderman WiLsoN—'Why were you not': Witness
I have lived with and done business many years for
blotter and 1 did not think it necessary. I supposed that
I was fully authorised.
Alderman WILSON—The prisoner's name is Thomas
Pillgrem. How did you know that he was William
Pillgrem ? Witness—l satisfied myself that he was the
person.
Alderman WILSON—How did you satisfy yourself ?
Witness—By the questions I asked him.
Alderman WlLSON—That's all nonsense. How
could you possibly satisfy yourself that he was the person
by such means ? You see that you were quite mistaken.
I think the Bank will have a good claim upon you. If
you have acted without a license from the Court of Al-
' dermen it is proof how necessary it is not to sanction
any one in acting without such authority. You certainly
have not used due diligence.—The witness said that
business was done daily in the Bank in the manner in
which he transacted it. It was impossible to avoid
doing it in that way.
ALDERMAN—Certainly there would be more se-
curity, both to the Bank and the public, by the em-
ployment of brokers licensed by the Court of Alder-
men. The Bank ought to make you responsible.
Mr. W. Drinkwater, clerk in the New Three-and-a-
Half per Cents. Annuities Office, stated that he was
present when the prisoner demanded to act on the power
of attorney, and witnessed the transfer. The last wit-
ness introduced the prisoner to him as William Pillgrem.
Alderman WILSON—Have you no list by which
you
can know whether a person, who acts as a broker, hlsbn
licensed by the Court of Aldermen or not \\'itneeess
replied that there was no list of the kind, and that the
gentleman who acted as broker in the business just de-
scribed was every day in the Bank engaged in business
as a broker.
Mr. Alderman WasoN—He certainly is not c.v,th.o,
tised. I am sure that the Bank would he 4enexited
i.i the Court by taking care that none do busi" eg 'a who arc not
licensed. 1 am cony
•e
would do all ill t3/416r Power to assist the Governors.
t-t of Aldermen
We have offered a reward of 50/. to any one who shall
give evidence proving that any individual acts as a
broker without being licensed.
The prisoner said he intended to make the money
good in the course of the month.