The Sun.
London, England, 1824-07-31 00:00:00

LAW INTELLIGENCE.

'011:)‘/RT OF'ICING'S BENCH, GUILDH.O.I.L,JtiLY 30.
*FALSE IMPRISONMENT.
Daimon; v. aallinnt.
?hit was an action brought by the plaintiff, late' Lieutenant
Colonel of the 2d West India Regiment, to recover from the
ikienilant, late Colonel of the York Citaasetirs, compensation
rn dantagem for having bsenillegally arrested, and imprisoned
kr ten months in liondorati.
The case for the-Plaintiff was coiidutted by Mr. Brougham,
Nit. Events, and It Ir,Canteron ; and the defence. was conducted
by the A ttorney-(ieneml, Mr. (tu and Mr. Park:
Tile defendant first
birCalt name opened the pleadings.
pleaded the general issue. There were bettiths 47 pleas, stating
rim different forms that the defendant being Commander Of his
MaiSesty's troops in Honduras, was justified in arresting the
piamtiff, who was then a military officer under his command,
and who had been guilty of' disobedience °finders. The plain.
tiff, by his replication, denied those pleas, and upon that issue
Willi juhltd.
• Mr. Boon ctita ai —The plaintiff, whom he had the honour to
r,anteserit, was a gentleman who, after a long service, having 'I
maintained an unktupeachable character, had at onetime by his
own exertions attained to the rank of Lieut.-Colonel in his Ma-
jesty's army, which he entered at a very early perind of life,
and during his service had exposed himself to all the vicissi.
odes of a military life, in that branch of the service which wait
attended with the lying reward and moat exposed to discomfiture
—he meant the West India Service. Col. Bradley obtained his
promotion, not by wealth rior by the interest of powerful friends,
which he was much 'afraid was the wee of the promotion of
many, but by merit, and by that alone. In the West Indies
the plaintiffserred his King for 20 years, actively, diligently,
and with a character without blemish. In the year 13111, when
tie i tile plaintiff) was a Major of long standing, he was ordered
.aim a detachment of ,his regiment .to the Settlement of Ilona
auras, at which place he found' in command the present de-
,.. lentlmnit, Col. Arthur, who acted in the double capacity of Civil
•,duKrintenslant of the adony and Lientenant•Colonel of the
•-• York Cliessetirs, which were not at that time stationed at Hum-
'daunt, and the plaintiff's, 'detachment of course watt under the
eeornmand of, the defendant, who was then a. superior abider on
full-pay. • Ile believed no man ever, yielded a more full end
reatty obedience ion his superior Oilletrk; or went farther to
'tun eel those oveilwherr, he• had onmpand to pay obedience
X 0 _Oleic eoperiore, shalt the plaintiff. Nay he taught go far-
. tlier,,und say that the imlimintitf went farther, because he went
-beyond the lihe of late rduty;` its anxious was he tot discharge
' hisaltsty ;,.and ase tone oceasionethe inhabitants of: the Settle-
'toms, vtised•tiehirn and tha,men under his coinniand a sum of
• `ifititterfor their servkcalit clearing away part of the forest, and
eirabilitg.and rendering habitable a surrounding swamp. The
thArtkri• the Plaintiffaccepted ; but lie .declined the money. lie
Mentioned this circumstance merely to chew that the plaintiff'
' was thn'last Man 'agninst whom any charge of disobedience of
orders could•with propriety be brought ; yet so it was, that a
charge of this kind was ,the origin of the present action, of the
circturnoances of which he 'shoillil enter into detail. In the
early part of the year With Information lied reached Honduras
.of the contemplated,dishandunineficof Nank Chasseure, anti it
was the airbjeot of ft-clop-it converstnions with the defendant, who
• then msecommonavirli the• other officers watt! of opinion that lie
.would ipsofiwto be deprived' of all militarycommeral : because,
• being on the hid fpay he couldnot he amilittary saucer, antiqtbere.
• foie could not exercise any military authority. Time,YorkCietts-
•veurs were disbanded in August 11119, mid the comm alltl and
charge of the forces naturally fell upon the plaintiff, who was
then senior oilleAN Of the Colony: ' When information of the, die-
bandonment hart reached Honduras the plaintiff naturally ex-
pected that the defendant would of himself deliver up the coin-
.. intind, and the plaintiff was of course delicate about reminding
• the defendant of the situation which the reduction had. placed
hint in. One month, two months, three months passed after it
, was well kirown that the York Chemicals' had been disbanded,
• 'acid the defendant still exercised supreme military command in
the Colony. The plaintiffat length began to consider the shims
•sion in which he was places!, and the responsibility which he in-
aairred by not taking the liability which would attach to him for
• any thing which might go wrong In the Colony; and heaceord-
ingly remonstrated with the defendant, who upon no occasion
adieged his right to retain the comnutid, but merely said that
lie had sent for instructions to Englentio. and that, ho had not yet
received them. Tha pleintiffstill forbore; but considering. that
he had done many acts tinder the command of the defendant
(he had in fact no military power), ho on the 23a of' allay'
1100 i waited' upon him, said that he ennsidered himself thk•
military commander, and that he could not receive any snore
'.'"ltmlfront the defendant. 10de.% he sheweil his commission, ok•
4;ated hy what authority Ito acted.' What ,did,,, the defendant
~,i ? . Sheer tile , commission or state to time plaintiff upon what
s'''hut icy he acted ? No. no; nesuelk things he took what in
n‘krkowy kir.t seta a novel. course. He issued no order, com-
manding-ail tile garrison officere to :imam dile at his hotter. To tin
wiiiit ? To suite to them that he heti got a fresh commission
Isom England ? , Ne e lie,gotangether what are sometimes got
t molter in a large bedding et Weattninster—he got together it
kil,t, of debaters; anti itnit,ting the convener of' the people of the'
, ivett building atWeettnitteteri he stated to them in a speech the
4:..tject of his (tailing-ahem together; and as an Improvement
upon the proceeding,' in the great house at. Westminster, the
usfentlant propteted to his assembly to olectliiin avi their coni-
.lltaidtint, and they unanimous) did so. Si society of debating
:. nuldiere,wes in fact a 'solecism in .nur,language i in fact, such a
'-, sit,y.lety was, incompatible with our military inatitilitionai•willeh
otale it imperative on soldiers to obeyi:and ant to discuss t hut
' when asociety ofoldiers have EliXOtt With t!tVilitt-ht4. awl ro:
• e•'&tad•feconfet. kettplinne cimniii,via itpon any caviar. then indeed
••"iiisilltii-nitimr•iii 'fifeillarin. • This sociefi. watch the tivrolditnt,
• • - c,Nernt cit. bY,lkiS rhetoric and cenvineett by hie Ingii:,,conaisted ne,
:'Peat Military Officers of the Gisrtigni, IWQ Assistant Commis,
' hasies; and the Herriaon Chaplain. 'The plaintiff also received
ft'kettrttrinnv ter itictici this ieveting. Indeed he meld not say n
•1 s.: M 17101.1 3, becitikie it commenced with " You are requested,"
Asti? i hot.yticluai it was, it With delivered to hiin, and lie declined
'acmes to the (low rortent flouse, unlesvi the defendant should
T..,..)11ti5e !!sat he monad state by what pilaw/tit/ he exercised the
is ;'ewes,' military cintikmktkil. When thri yikitmkry conclave was
akwanided, tile:defendant, in order or cimrse,lo give them time
! t'eoriaister of the 'important ()Neil,: for which they were eon.
. V..nekl, titspatebcd' awn of his officers to the plaintiff to order
' kart to totem' at the meeting. This order the plaintifi'seitl he
• • asetta not obey, uniesz the defendant Whilld condescend to state
by what authority he acted. This va's'sal lowing beta) conveyed
t:i the defendant., he Wgian dispatched ibentficers. With insane..
V•uot to arrest the plaiptiir ir he refund to obey the order. Tile
piaintiff aktin refused to comply, cxeept npon Lll6 conditions
twit & belied before proposed; and the officers iininctliately de.
yin vod him of lk is sword and Ott hint under eltk:kearrekst ; that ttly4,
• corttined•him in tor, unhealthy disagreeable climate to one small
,stun. One would Have thought that the defentlent having done
. alt's, would, here read the Artieies of IVar, and have seen that
it•was Imperative on him to bring an officer to a Court llitrtial
• within eight days after hit, arrest, or Within as short a period as
amoasible. But •tiei i (Ilk self-propseted and military.elected
.Commender-inaChief diedaineti to look at the Articles, and
wok his own• time to forward a dispatch to the head-quartera at
. Jamaica, whine Ise- at teat tient one t to which., an answer wax
,received from tlenerul Walker, then in eaktimantl, on the 3d of
~4 sigma 11120, directing that the clam., artemteihatdd he altered
to arrest at !aegis; that wes, that instead of being confined to a
. narrow room the plaintiff was permitted to havteall the range
,di. the garrison. The plaintiff had, when this •ertier arrived
, r oni General Walker, suffered 73 days of close imprisonment t
whcreas,•if the defendant had used doe diligence, the plaintiff
rgight either be•aent to Jimmies to be tried, or officers might
~are sent to-. Jamaica to try him. After this the Jury. would of
..ceerati think that the det'endant took active sonata° bring the
plaintiff ter trial; but no such thing ; not a single • step was
taleen fur that pirpole. lii the Nevember following the de.
Eastdatit.received a letter from Sir Herbert Taylor, stating that
Itie ,11,sntal flighttese the Duke of' York • had recommended
to his Alitjelit, to tibonhat the plaintiff from time service. Now
'.assay the defetulant, having received midi information, imine-
-I:imciy said, ,that•is etiaugli to convince time that the plaintiff is
rig longer te,asnitael man and I shall free him from meet.
• :pfe„ walla, ha maid. not 'do so ; lie moat wan for an official
• eetittriunicatiori forsatotik,and in March followintro, ththattro I !rm ar.
reed
snook...a im) :having been trade the 'plaintiff was.
‘. l an ost, after! having be alepri-viXl of his liberty for upwards ei
steninotaimn.,' The plaintiff immediately hastened to England,
1' 00,Prowttl'in'apirittl, and nearl),beggared in pocket, to lay be-
.fintitliat Elmestriotta.,Pentonage who was ever ready. to hear the
Imufdairit,oftlie:litirtibleat aoldier.ritrid to afford hint redress, an
' ',l'46hr...tit; rtilds`sufrerings ; but unfortunately for him, that. sp-
. ;dat•----;-",.„n''' w..„/INV if made earlier wtiold have insured him re-
*: '4,-• -.,,',,' .-„42'll.otrtittierdett ml,, he .Would admit, from any bad
--"--.
dated r.."'"r"1110 Olgitititr4 hilt because the case was formerly
: 7i: 6.,mixrnri4etVat,whelatil4w..,..4.llilot-tritnis Peraonagetanild only judge
~, the,akiwi,,
roil
cizTrltr..rt statement of the plaint id, "(knell OY.
atipported at fly, ~,,,,,n_ltY drasten-up,soitentent oftheifleten an!.,
as-umgiiii Thofm,4lZt‘rpithin* of Ids friend 4 at •honte. 1, o
..eitied, opals, eta, hullo, tini_higlttt, 4 case which had been de-
. .4.n0n,,, „rut to
.onbiti.„l; „LT :47t0 ortequally matched *tate.
""-,,,j n ti if; who w„„, ,7,,,,..* ar tgi_
..ttittii tie the non ettiticess or the,
firo_ntoimiv, ems
,„,,,,,,,11 ~,to ~.,14err2
41; tile rally rettource left to.
isetiinkeliittriciWitiff N.efilei;itter ' ' ' "le'lt,"ttYl"" fire the.
. .ait manta am gni I
'''lnftliliqi he fOkib 0 *g i h ti t sliestioi I- ' • 00hf •,""4',1
„a, to lies waili ilte"wei ,e44' rms"
t.„4011100110' lac
41'4114.01A'tPripits serVi66' ' a'-' —r ii . i
iii
4i4,lllnorittiptein po i'*ir iwik lA. Rai potoiewas. - :ft, - : r, kr'," -
+*fliglialk3(4l44ty . of elit'y litinhtliktilk tsjisti&r," caveat il , •svltla '
piaintitfislinursteli. Atipitekt::.lfetring.' no w phai,li),idk I tronuot

' colouring, stated the sufferings of aheislaintiff, he should heg 1
to offer a few observation* upon thealifficult situation in which
the plaintiff was placed by this conduct, and by the manner in
which the proceedings in this cause had been conducted. Ile did
not mean to say, that in that quarter from which emanated all the
rewards of military services, any thing like a bad feeling towards '
the plaintiff existed, but that an opinion that such a feeling ex.
isted was very general in the military profession, and therefore
worked to the plaintilfasenuch injury as if the opmion had been,
instead of being as it was erroneous, well founded. The plaintiff
could not on this account have had uadvantage which plaintiffs •
generally had ofcommunicating with his.witneexes before hand ; ,
and, knowing what they could prove, he was obliged to summon
them to give evidence in a cause in which their evidence might
in their opinion work to their prejudice. Although he knew
this opinion was wrong, still he could not marvel much that it
was general among military men when they saw what had hap-
pened, namely, that the defendant had, instead of being repri-
manded received promotion, and that the plaintiff was dis-
. missed the service. He wished he could as safely admit that
in no other-public department did the defendant receive sup-
port; but he could not do so, when he saw that the Solicitor for
die Treestiry conducted the defence, and that in support of that
defence the first Law Officer of the Crown was engaged. Another
complaint which he had to make was, that the pleadings .were
swelled to an enormous length .with the •view of ruining the
plaintiff with costs if lie should be unsuccessful, to a length
which he would say was ten times greater than an' special
pleader of two years experience would have extended them.—
The plaintiff had, however, relying upon the honour of military
men, upon his conviction of the truth of his case, and upon the
conviction that military men would tell the truth, Aubseenaed
some; and he trusted that the Jury would by their verdietsup-
port the plaintiff • against the supposed influence of the public
sword anti the real influence of' the Treasury ; and afford him,
as much as in them lay, compensation fur those difficulties and
embarrassments which had beset him from the very moment that
he had the manliness to stand up against the usurped and. ille-
gal exercise of military comtnand by the civil superintendent of
honourable dunces.
. ,The depusition of G. Redmond, an Esquire, wasaben put in
evidence. Ile knew both plaintiff and defendent. In 1820 the
plaintiff wits •Littuta Colonel of the 2tl West India regiment,
with which he was stationed at Honduras, where the defendant
acid as Civil Superintendent and Commandant. The defend,
ant was,Colonel of the York Chasseurs, and was in the belief
of the deponent placed upon half-pay catty in 11120; hut this
deponent could not say how or in what way he had conic to this
knowledge. lie remembered in the month of. May 11120, that a
general order was issued to attend a meeting at the Government
House, Honduras ; that he attended the meeting, where the
defendant asked the Garrison Officers if they acknowledged hint
to he • Commandant; and that the officers unanitnously said
they were satisfied that he was Commandant ; that the plaintiff
refused to attend the meeting, on the ground that Col. Arthur
having been placed upon half-pay ceased to be a military man,
and could not be Commandant; and that he (plaintiff ) being
then the senior officer in the. Garrison was entitled to the com-
mand ; that the plaintiff' told this to all the officers of his regi.
Ment, but staid theymight go. to the meeting if they pleased.—
On that day the plaintiff was arrested by order of the defendant;
and the command of the detachment was given to Captain
lord of the 24 W. I. regiment. At the meeting the defendant
recommended to the officers to have es little communication as
possible with the plaintiff. (.)n that evening there wt.% a pa-
rade, at which tell the. servants Were assembled, and at
parade the order or Cot. !smithy 'tit arrest was read. For several
days Col. B. was kept in arrest; that he was under arrest alto.
gether for about ten months, (hiring which time he w,s de.
'witted *of allowances, amounting to, about lOs. per day, and
to which he was entitled as a Field Officer.
bord Palmerston examined by Mr. Ituot: oit A id--I was Se-
cretary at War in 11119 and Ib2o. There are Military Returns
of what taken Waco in the Colonies made to the Commander.
in.Chief,''and duplicates of dose Returns made to my (ace.
Mr. Lakin haS the custody of them in my office.
Robert blade examined liIT. uoutuffA3l-1 was clerk
in the War Office in 1919 and 11120.
3 B
:'The' York Chassenrs were
disbanded in August, 11119. The officers of that Corps ceased
to receive full pity in the latter end of 11119. ,The date of the
Warrant placing Cu!. Arthur on hie* is the 11thof January,
1820; but that date is not a proof that up to that day be re-.
• ceived full pay. Col. Arthur received • his half Inv from the
25th of October, 1819, two months after the disbanding of the
l'Ork Chasseura At Quebec..
Cross!ettaminett—it is likely that CO:Arthur did not receive
his NV jimmy Until hisatrrival in this country. I don't know et
what time an official communication was sent to the. defendant,
informing him that he wail; placed tyon hill pay. An official
conemmicatipn of that kind niti'tt pusi through .I.tinale.a.
Ite.examined--..00 the:7.tb Pf .la y,,18211, a conimunica-
tion was mad't toOte, do.otg 0..e.A';1,, irtatil)g ibat. he was
delayed upon . half Pay rant..., Vitte : etober, MM. Notice
1
of the disbanding of a *writ ht'tifit i en In The' atizel le. I
am not itieletit, oteholViiii titirtsbatt taloblte wolf-Wu/lion of the
dishoothrieNt lo'hntabif-irlion:thilt egVenent is In • North it merien
the otlieers would ptohnbly hem of- it in two or three tnentlut •
when a reg n ime- tit dbdotntled Communications strum made to die.
fermi public departments.
Sir henry Torrens examined 'by Mr. Ilitottottaat—T have
got the returns made to the Adjutant.tieneral 'department by
the Superintendent of, Honduras for .11119. and 11120 ; what I
now prochwe is a return of the Staff; I have al•aiat return of
the ;strength of .the garrison ; by the returns it appears that on,
the 2;itil of August, 11119, and 2tith of May, 1820, Captain
Newell was stated to be on half Parof the‘"Oek,ChltaseVC •
Cross-exandned—Those retain% came direct from ilondurasi
to the ‘Var.Office. ..
..

lie-examined. I have no half yearly. returns from Hondo.
raw.; 1 have a gerterel retort, from .Jannuce of the state of the
truope in that Colony and its dependencies; that return dues
0,11 collude any or the orders iestted. at 'liondurae, Out it con-
Wes the orders Willed in Jameicit applicable to. Honduras. 1
also, produce the two bull-) early returns from Jailleit.t from.
De6ember 11119 to Decent er 1820.
Cross-examined-1 don't think the reduction of the l'olk
Chewers would affect Col. Ai-dines military rank as Gover-
nor of liondurits.
ite-exantined—lly the retitle* of the regiment, Colonel
Arthur's rank in the regiment would mote, and after that dia.
hantintent he would not
11041 ft ny commihsion in the army. A
person having a Steff-appointinent
continues to hold military
rank, even though his regiment
Col. Arthur was t should be disbanded. • Afttr
p.iteet. upon bulf.pay he was recognised, hy the
Anthorino' at h )111e as .Nlilittkry Commander of the Colony
until lie was removed.
Cross-examined—Colonel Arthur's cernmand at Honduras
sew+ tut it regimental command. If a Colonel in the army were
to come to liontittras after the disbanding at' Colonel Arthur**,
re :Inert. th Colonel could net, its a flatter at' COUriie. super.
%eft: ilia uothority of Colonel A rthur . The Superintendent Of
Ilitiultiras !icing in military command would have a right,
although on halt' )ray, to commend tiny garriion, whatever
might be their military rime.
Mr. Ilitouutiaar—stippose I were there,. which God fat bid
laugh)—but if I were there as a civil superintendent of the
colony, ehould I, who have Lever been in the army in my life,
have command over all the military officers in the garrison ?
'Wilmette - What I said is tide, that the superintendent hai
the command, provided lie be an officer of military rank, whe.
thcr upon half or full puy,
lilr. ItA et—Aye, that's the question, provided he be
of military rank, and that he must 'thew.
The Loan Cuter JOSTier:--it is not necessary, even in
the ratio of 11 constable, to prove ; an : here Colonel Torrens says
the !superintendent of the Colony curries military rank.
Witness..--'There was a General order issued in 11117, giving
Superintendents military command.• Colonel Arthur continued
to act as military commander down to the period of his leaving
Honduras, although for the latter part of tho time he was on
half pay.
The deponition of General Conran, Commander in Chief of
the Ifilitery Forces at Jarnitiete end ita Dependencies in 1819,
was put in.—He remembered a communication having been
made by hint by letters to Colonel EVIIII/1, 2d West India Ile.
giment, to hold himself in readiness to go to Honduras ; but be
afterwards, at the request of the Doke.of ;Manchester, counter.
mantled that order, because it was thought that Colonel Evans,
being a senior officer to the Superinternhtnt, intuit take the corn.
mend; and the Governor wished the command to remelt) in
the Superintendent. He considered the defendant as entitled to
supreme command at Honduras in the year 1819. He had never
written official letters to flortilurae, directed to " Colonel Itrui.
ley, or the Officer comniandlog his Majesty's troops at Hon-
duras." Ili* letters were generally addressed," To the Officer
ennunanding his Majesty's Troops at Honduras."
Lieut.-Colonel Freentande examined by Mr. EvAmi-1 WAR
Deputy Adjetarit.Generel at Jamaica in 1020. I don't recol.
lest having read in the book transmitted to Colonel Arthur an'
order stating that'lle was on halt. pay.
• Chile. Harding, examined by 5/r. BROUntrAtif —I was clerk
inthe office of Cox, and Greenwood in the years 1819 and 1820.
They were the private agents of the defendant; ['knew early in
January 11120 that the York Cheetsettrs were disbanded ; I knew
this by letter from Col. Arthur.
Lunn Ctiftw JusTict..4l•think, upon the evidence, that
it must be Admitted that Col. Arthur knew on the 25111 August
11119 Omit the York Chneseurs had been disbanded.
'Mr. ti tt rteV We admit that, my laird.
al r. Harm OICA et.--. Then 1 11111 SittiSited 11/I far as that goes.
.T:te.ortice issued by the defendant for the plaintiff's arrest,
the letter of 'Sir- 11. Taylor to the defendant,' Commtin ititting
his fioyal,Higitness the Duke of. York'', reeoMmendation to,
hip Ajuji.viy, together with the defendant's kilter to tin! piftiti-
titu, untying to him, in March 11121, that he'was free, truth
arremt,-Wetti put in and reati;
, Froth the' lots tee r of -General Cot t raj) to or. tit le i e n terroge.
torie., reed at the requeit of the. Sorlettni-Gnertil, it npPetrrO

1 that he Aid not consider the defendant to have the military corn.
• mantl at Honduras in consequence of his being the senior offi-
cer of the regiment on the station, but he considered Colonel
Arthur to hold• the military command of that station, in conse-
quence of his appointment to the situation of Superintendent. ,
Mr. Buoy 0 west—That's the case for the pliontiff.
The Aer cuitaiEY.GENEltet. addressed the Jury for the de-
fendant. In the few observations which he should feel it his duty
to make, he mliouldowt imitate the example set him by Mr.
Brougham, anti cast hoot' ortiotis to poi] the character of the plain-
tiff, nor of any penton engaged in Support of his cause; but should
merely endeavour to lay before the Jury a full and impartial state
' of facts to enable them to arrive at a fair and ii just conclusion.,
First, with respect to the observation that those pleadings had
been ewelled w a great length, he would only say, that that wax
`done in coesequence of the plittotilrg refusing to admit than to
assume, as was generally done, that the assault and false impri-
sonment charged by the plaintiff in his declaration was one and
the same offence ;- and he was satisfied to those who knew him
and his Colleagues it was unnecessary for hint to say, that they
would nut extent; them for the purpose of increasing the costs;
but they`were bound in defence of their client, to do every
thing to meet the charge of the plaintiff. With respect to the
charge that the Treasury supported the defendant, he would
:wow if, anti ask-j-Was there tiny thing extraordinary that
when the einplOyerx At' an honourable titan were satisfied that
lie, in• the honourable anti faithful discharge of his duty, had
exposed himself to great reeponsibility, they should bear him
harmless P Ile was itatistied that if such were not the opinion
entertained
of the derendent's comliteei he shoithi not appear
there to defend. The leearned Counsel having here detailed
the llicts of which he intended to 'offer evidence, concluded by
expressing his cohvietion, that the .fury, alter having heard
the evidence which he %hold(' offer, would by their verdict
declare that the defendant had loot exceeded the strict line of
duty, and would have been guilty of a dereliction of ditty it'
he hail not taken the most vigorous steps to suppress mutiny
and disobedience, of both of which he should prove the plain-
tiff' Guilty. „ , • •
William Bayley examined by dlr. ( o. no Try. I .1,11 a cleric
in Lord Bethurst'm Office; I know the hand-writing of die Duke
of Manchester, who 'is oneernor-General of Jainaieit ; the
signature to die appointment now produced is iii his hand-
writing. . .
'This doCiimenle dotted on the 7th of July 1814, appointing
the defendant his Majesty's Superintendent Of Honditras,, was
then put in and read.
J. Knight, clerk in the office of Cox and Oreenw and, proved
the signetore of Gentled Fuller, Coninnuider.in.Chief in Ja-
. make', to an appointment dated ah July 1814, granting to the
defendant the military
,commioni of the, troops et llondurae.,
Sir H. Terrens considered the appointment% to all military
continently at Jamaica and its dependencies, were in the gift of
Fuller in 1814.
Creel-examined by Mr. Bitortillast —1 am of opinion that
the Coniihantier-in.Chief at Jamaica could confer that appoint.
ment upon ati otficeron half-per.
(The appointment was then put in and read.)
Lieut. E. Webb, examined by fir. 0 o it x EV—I am Lieut.
in the :id Weet India Regiment ; I joined that Regiment at
Honduras in .luly 1/11e, when 1 finuici Col. A rthnr acting as Su-
perintendant and Commandant. lie continued to act so in the
year 1820. In May 1820, 1 was acting adjutant. On the 22d
I or May I saw Col, hostile), ; he dictated to me an order, which 1
wrote. The purport of the order was, that from particular circuit].
stances Col. Buono' thought fit to assume the command of the
Harrison ; and the second paragraph contained an order to all
Officers, Staff and Regimental, to attend at his quarters at nine
o'clock next morning. ' The order was signed " T. Bradley,
Major 211 W. 1. Regiment, Commandant." Col. Bradley de-
sired me to take the Order to •the Brigade Major. 1 chewed
the order to Major horde second In command, and he de-
clined giving tiny opinion upon it. I thee brought back the
Order to Col. Bradley, and said I should decline distributing it.
Ile thews:till he should put me under arrest. It was not my
ditty to distribute: Garrison Orders, Its 1 was , only a II ego-
mcntiil Officer. On the next day I went to Colonel Bradley's
quarters. ' Colonel Bradley told me to show his Order to call
the Officers. e Tile Brigade Major Noel end 'hem, Willis
came nbont AO o'clock. The Brigade Major said lie was di.
rested by the Commandant to request'Col. Bradley's uttend-
Ando at the Government House. Col. Bradley refused to go,
and Major Noel 'said he had inxtructiotor to put Col. Bradley
tinder an 'arrest. ' Col. Bradley again refused to go; anti I
considered that Major Noel put Col. Bradley under close are
rest. Close arrest confines a men to his quartent.
- Croes.examinecheeThe Order wits never shown to any person
except Major Lord. 1 attended the meeting, at which all the
• thirrlenneexcept„Colonel Bradley attended. After some debate
Colonel Anhui' asked the (gentlemen present it' they would ate.
knowledge. him as Commandant, .and they said they: would.
Thil voyage from Jemaica to Honduras is About six days, and
from lionduraY to .14111AlCa about 12 or 14 &type At the meet-
ing I heard Col. Arthur say that he had a Commission as Coin.
MAll44sOU,lbilt la) t4d notelet' from whom be bed the Commission..
1-isut- Willie eArettiinerene.air, l'e it ue---I roma, Lieutenant
of Aniitiny.., I,wisi,st ticoulums in 162,0 with at it eon:bluetit of
rity.C.oeps..eil,aetatitts Secretary to tlie.suNrintendant, • I at-
touted tile:Meting ill flay at the tiovernment Home. , After the
t •fficers were assembled I was sent to Col. Bradley ; I Worn-
piinietDlajor Noel to Col, 11.'e 'loaders. Major N. stated that
he was directed by Col. Arthur to require Col. 11.'it attendance
at the Ooverninent- Donee, , G 014,11, declined to mac:. but if,
Col. Arthur sent for him privately he would attend, , and :that
it was contrary to the King's Regulations to tuoiemble Officers
upon such an occasion. I think Major Noel took dispatches
to demaiea.by. the first malt of War that sailed after.this occur-
rence. Between the months or November 11120 end March
11121,, I don't. think Any dispatches were retell/11d at llotolittas
trout .barntsira. There were no arrival,' from Jamaica from the
Ist December 11320 to the 100) ,harsh 1821.
cI
0.
itAivilabasejroKtrft ill-Ill:HI C.eitrin3gal
.t1,14.1:1'111, rlckoleilirlifelit:
lati:110: lilelnidettithiblecYltl,lr Mr.troops
1o:i tJI it II
:e1411.112-01Ino 1 Dll2eo-
- of Om, Cremes). I received dispatealirejsafrnruitcatelinlotniejel
Arthur relative to Col, Bradley's arrest, anti I forwarded that
dispatch to England. I don't know on what day I received
Col. Arthur's dispatch, but the date of my answer was the 4th
of July 1820, •
. seer litithert Taylor examined by Mr. °untie:T-1, am
Military Segrete4lohisi4tiyal :Highness the: Commander-in-
Chief. 1 receiveti'diepatches from General Walker inclosng
dispatches from Col, Anion. 1 laid those dispatches before his
loyal Iliglinerm: . I have. heard Col. Arthur's appointment as
Commandant of Ilonatteirs mot, and I tun of opinion dint that
appointment was vacated by the reduction of the York Clias-
seurs. 1 don't think Col. Arthur Ought to have given up the
command to any person without haying been first superseded
• by the Commander-in-Chief to. Jamaica, or by his Majesty.
Cross-examined by Mr. Ilitotrottaat —General Fuller could
not grant such an appointment to any one but a military luau,
A ball pay Officer Is not liable to it Court Martial unless be
holds brevet rank. The Comm:older-in-Chief at Jamaica might
have sent an officer on 1141 f pay to assume the command at lion.
Mimi", subject to the apyroval of hie Majesty.
• Major Nods' deporistiorr was then put in, statingthat Col.
Arthur acted as Superintendent et Honduras in 11118 end. up to
1820, at which tinie deponent left Honduras. This deposition
was in confirmation of Lieut. Vi'illis's testimony, and further
, stated, that after die plaintiff had been put undecan arrest by
Colonel Arthur's orders, he culled out to) an officer of tke 2,1
West Ladle Regiment, who in 'obedience to 'defendant's order
wile going to the meeting, and said; that he (plaintiff) was Com.
mandant, and therefine the, only person, who could give per.
mission to any officer to leave his. barracks t and that this de.
portent, at the earliest opportunity after Col. Bradley's arrest,
was the bearer of dispatches to the Cotnminder-in-Chief at
Jamaica, stating what had occurred at Honduras..
It was athnitteti by Mr. BROUGHAM that there was not a
sufficient number of officer* at Honduras to constitute a Court-
Martial for the trial of Colonel Bradley. ' .
Mr. Ito otioetast, in reply, contended, that the evidence for,
'' the defendant established a better case, for the plaintiff than '
had made ont for himself. The Jury muse he setlittiedt before
they could find a verdict for the tlefendend that:Omer:ll Fuller
loud, without havinte esty
or the Commander. n.Chiete euthority ' i'i
to 1.4.. e a military com-
bat what tliey stated was merely of, din-defendant Aoiexer-
l'ecenti on half prey. The .Ittry had Wird the boiniong
cise military 9111)114mi after haying been placed on half-pay
onrsleuvietrottlainilitery toe:::
mutter ofopinion; end the Jury:
were not bound by ii , end the, habits of Military
men,. he would righttraymtulKiettbtele'crioacrice:ii;snelliiivdiineli(irietrtt:)llsegasg uponan"
ill 41reghl eafitilin t of
any appointment opinions of', mosierate
value. He contended, that as a hell-pay officer was not for dbi.
obedience of °Mere hew to military law, he was note military
man ; and 414 it had been admitted that General Fuller could
only gt VC the appointment to a military man, the defendant being
upon half pay wits not eligible' to that initotintinent, unlens lie
obutined an appointment under the Hoye' mignonanuel. 'Even
admittiug that teen. Feller had given an typoinuneut to Col.
Arthur, he contended that upon the face of the appointment
"io command such of hie? AlajbstyN•subjects in Honduras
arniell and to he enneil,", it .verre clear that General Faller never
intended todgive,the command of the King's troops to Colonel
Arthur, an that this appointment was merely an appointment
to commend the militia or tlia.Colony. The Leerned Counsel
then contended that; even Admitting the defendant bad power
to arrest theeptaiu,,K 49,4 was ion tilV latter count entitled
-to their verdict', heeaucet le def6itrot tvia kopt him longer in
confinement than wait lieeegSaTry: Having made these obgerva.
tions he should sit down aatislied that the Jury would by their
verdict mark their Renee of the treatment., experienced by 'a
''fiiitlifttl, liiihniratile, and nierltorious Officer. • ..
Illel.etittiditt e' in inimining op limit, there were two gees-
thine for the bonskititetion et' the Jury—flreq liad.tha &tend-
liiitientihotiir Id pereit the plaintiff r affil 'reeenndly,' if lie lied
authority, did he keel/ hilit Under arrest fur a longer period than

was necessary P. If the lcfendiult had authority to arrest the '
plaintiff, there could be no doubt that the defendant was jus-
tified in doing so by the conduct of the plaintiff, in refining to
attend to 'a general order issued by the defendant. The de-
fendant
relied upon -the commission given to him by General
Fuller • but it was rather Unfortunate that this commission
was only "to command his 'Majesty's subjects armed and
to be armed." His Lordship here read the evidence of the
several military gentlemen who were examined on the trial.
Having- heard all the evidence, he thought it best for the
plaintiff to state to the Jury, that in point of law the de-
fendant was the superior military officer at Honduras, and
therefore 'entitled to • their verdth on that ground. If he
were wrong in his view of the law, the plaintiff had
the means of correcting this error. Next came the
question, did the defendant .take steps as soon as possible
to bring the plaintiff to a Court. Martial ? it WAS in evi-
dence that the defendant had sent a dispatch. to head.quarters
within a fortnight after the occurrence. lie was of opinion
that unless it was shewn that the defendant had an earlier op.portunity of sending off dispatches to Jamaica, ,it would be too
much to charge him with negligence. Then came the third
• tines' ion—Ought not the defendant upon receipt of the letter of
sir Ilerbert Taylor., importing that his Royal 111)0116mi had re-,
commended to his Majesty to dismiss the phinitiff from the'
service, to have immediately liberated the. plaintiff front all re.
- strain t, he (plaintiff') having then ceased to be a military itato
These two latter questions were for the consideration of Oil
who he had no doubt would do what justice required in what he
called this unfortunate affair between two military men, whose
• honour and' integrity remained unianleaChed.
The Jury having deliberated for a few moments, found a ver-
dict for the plaintiff upon the counts charging thei defendant
with having kept the plaintiff under arrest for an unnecessary
length of time—Damages 1001.
His Royal Highness the Duke of York and Earl Bathurst
were in Court, but they were not called upon to give evidence.
• The cause occupied the Court from nine until half-past five
o'clock.