The Sun.
London, England, 1846-08-28 00:00:00

LAW INTELLIGENCE.
SHERIFFS' COURT, Auguet 27.
(Before Mr. Under-Sheriff BURCHELL.)
GRAHAM V. MYFTES.

This was an action to recover the sum of 201., the
balance of an I 0 U. The defendant pleaded pay-
ment.

Mr. THOMAS, for the plaintiff, stated the case. In the
year 1839 a person of the name of Edwards became
bankrupt, and his property was seized by the assignees.
The defendant, however, claimed property to a con-
siderable amount, and the plaintiff was employed to take
an inventory and to give evidence on the trial, which he
had done, and it was for that he now claimed. The de-
fendant had pleaded payment ; and no doubt it would
be submitted that he must have satisfied the taxing-
master that he had done so before the costs would be
allowed. An affidavit to that effect had, in fact, been
made by Mr. Yates, his attorney, and a person named
Edward Kelly, who was then a clerk to the de-
fendant. He (Mr. Thomas) would, however, be able
distinctly to prove that not only had the plaintiff not
been paid, but that other witnesses had also brought
similar actions, but defendant had settled them. Under
such circumstances, he apprehended the jury would give
a verdict for the plaintiff.
For the plaintiff several respectable witnesses were
called to prove the value of the work, and a demand of
the balance, and promise to pay. Evidence was also
given that other actions had been brought.
To rebut this, Kelly was called, and said he is now
foreman to Mr. Cohen, a rag dealer in Clerkenwell, and
swore positively that he paid all the witnesses, and took
receipts which he had handed over to the former attor-
ney of defendant. This the witnesses denied. He had
previously given each witness an I 0 U, and did not ask
for them back.

Lewis Nathan was called, and he deposed to an en-
tirely different settlement, namely, by a payment of 5/.
by defendent himself.
Mr. THOMAS was proceeding to address the jury, but
the Under-Sheriff said he thought the case fell to the
ground as the receipts were not produced.
The jury said they were quite satisfied, and gave a
vet diet for the amount claimed.

COURT-MARTIAL ON THE HON.
CAPTAIN GORDON, R.N.
PORTSMOUTH, WEDNESDAY EVENIN G.-A naval
court-martial assembled this morning on board the
Victory, 104, ordinary guard-ship in this harbour, bear-
ing the flag of Rear-Admiral Sir Hyde Parker, C. 8.,
Superintendent of the Dockyard, to try Captain the Hon.
John Gordon, RN., of the America, 50-gun frigate, upon
the following charge:—
"For that he the said Captain the Hon. John Gordon,
being then in the actual service and full pay of her Majesty's
fleet, and Captain and Commanding Officer of her Majesty's
ship America, did, on the 26th day of April, 1846, sail with
her Majesty's said ship America, from Valparaiso in Chili,
for England, in disobedience of the orders of Rear •Admiral
Sir George Francis Seymour, then his superior officer, and
Commander-in-Chief of her Majesty's ships and vessels em-
ployed and to be employed in the Pacific, and in breach of
the 22d Article of War.l'
The Court was composed of the following members:—
Sir Charles Ogle, Bart., Admiral of the Blue, and Com-
mander-in-Chief of her Majesty's ships and vessels at
Spithead and in Portsmouth harbour, president; Rear-
Admiral Hyde Parker, C. 8.; Captain John Pasco, of
the Victory; Captain Henry Ducie Chads, C. 8., of the
Excellent; Captain Sir James Everard Home, Bart., of
the North Star; Captain John Robb, of the Gladiator.
Mr. Greetham, the Deputy Judge Advocate of the
Fleet, attended the Court. •
Owing to the circumstances of the case, and the high
rank of the prisoner, who is brother of the Earl of Aber •
deen, very great interest was excited, and the cabin was
crowded to excess. By the courtesy, we believe, of the
president, a table and chairs apart from the crowd were
allowed for the press, that officer rightly judging that
the Court was substantially made public, not by admit-
ting the party at the door, but by giving reasonah]e ac-
commodation to those who lay before the entire people
what passes in a quiet court.
The doors were opened at a quarter before ten o'clock,
and on entering we found the Court constituted. Cap-
tain Gordon stood within the barrier, at the foot of the
table at which the Court sat. His brother, the Hon. W.
Gordon. M.P., late a Lord of the Admiralty, entered
with the crowd, and was near the accused during the
day..

The members of the Court being sworn,
The Deputy JUDGE-ADVOCATE proceeded to state the
circumstances, and began by reading a letter from
Captain Gordon to the Secretary of the Admiralty,
dated from the America, Valparaiso, April 22, 1846,
inclosing a copy of a letter written that day to the
Commander-in-Chief, and of a requisition signed by the
merchants who had embarked specie on board the
America ; the letter added, " I only regret, for the
protection of British interests, I have been compelled to
act as I have done without being able first to obtain the
sanction of the Commanner-in-Chief, as it would re-
quire several months before I could hear from him. I
also enclose a copy of his last orders to me here."
The following were the three enclosures :
"Her Majesty's ship America, Valparaiso,
April 22, 1846.
" Sir,—l had the honour to forward to you on the 18th of
March, by her Majesty's ketch Spy, all my correspondence
and documents relative to the service I have been detached
upon these last twelve months, and many documents respect-
ing the Oregon treaty; also a very strong requisition from
the merchants at Mazatlan, and others who have embarked
treasure on board this ship for conveyance to Valparaiso and
England to the amount of very near 2,000.000 dollars, re-
questing that from the insurances having been effected in
this ship, their property should not be transhipped into any
vessel of inferior force pending the present unsettled state of
the differences with the United States of America. A copy
of this document was sent me, together with a letter under
a flying seal, directed to you from her Britannic Majesty's
Consul at Tepic, strongly recommending the adoption of that
measure. It is a very important document, and has caused
me great anxiety of mind to decide how to act. But after
taking the opinions of the senior lieutenant, and another
officer of the civil branch, I determined to avoid all risk, and
proceed at once to England with the treasure under my
charge; for I could not feel justified, under such circum-
stances, in transferring so large an amount of specie into a
vessel carrying but 18 guns; and, although I cannot think
war with America will be declared for some time yet, recol-
lecting the circumstance of the Guerriere and Little Belt,
before any declaration of the late war with the
United States, and as the insurance has been effected
in this ship. should anything happen, the conse-
quence would be ruinous to the merchants and owners of
the treasure entrusted to me, and I am not quite certain
if I should not myself be responsible, having been ordered to
act for the protection of their interests. When I arrived at
San Bias from the Sandwich Islands, in December, after re-
ceiving the necessary information from her Majesty Minister
in Mexico, that pacific relations were likely to continue be-
tn-een the United States and Mexico, and from the opinion
expressed by her Majesty's Consul at Tepic, and others, that
an amicable settlement was likely to be made on the Oregon
boundary question, I therefore proceeded to obey your orders
of October 10, 1845, and sent an extract from them to her
Majesty's Consul, informing him of my arrival for the pro-
tection of British interests, and that I was to embark any
treasure the merchants were desirous of sending to Valparaiso
or England, and proceeded to Mazatlan, acting under his
directions. The end of February I left Mazatlan, having
embarked a very large amount of specie, and I very much
regret not having met you here to take your directions how
to proceed, being well aware of the great responsibility I am
now compelled to act under. By a letter received from you
the day before I sailed, I was inclined to think that, unless
you came yourself, you would send the Fisgard, and that it
depended on what orders came by the December mail,
whether you would think it necessary to collect a force to
the northward. The Fisgard arrived after I left Mazatlan,
and I communicated with her at San Bias, where
I had to wait twenty-four hours to get the De-
cember mail from England, by which no mention
was made in your dispatches of the Oregon or California ;
and I am led to believe, respecting the latter place, our Go-
vernment have at present no desire to interfere. Therefore,
under the peculiar and difficult situation I find myself placed
in, I trust the decision I have arrived at will meet with your
approbation, and that my short absence will not materially
interfere with
.s-our arrangements for the service of the sta-
tion. I have directed Captain Onslow to continue to execute
the orders you have left, and to act as if, according to those
orders, he had sent the Salamander home to England, and
remain here for your further instructions respecting the dis-
posal of her Majesty's ship under his command ; and I con-
clude by assuring you that I have acted throughout to the
best of my judgment, and have not been led by personal in-
terest to adopt the line of conduct I have felt it my duty to
do. Indeed, had I waited a few months according to the
routine of the service, it would have become my duty to take
a freight home to England, which, with what I am entitled
to for bringing this to Valparaiso, would be far more profit •
able ; and, further, I have to assure you that I have acted
to the best of my judgment.—l have the honour to be, &c.,
" J. GORDON.
" To Rear -Admiral Sir G. F. Seymour, G.C.H.,
Commander-in-Chief."
"Sir,—We, the undersigned merchants residing in Ma-
zatlan, having shipped a large amount of treasure on board
her Majesty's ship America, are desirous of its arrival in
England with as little delay as possible; and as in the pre-
sent unsettled state of the differences with the United States
of America, we are anxious to have our property protected
by a vessel of large force, we beg to request that you will be
pleased to represent to Admiral Seymour, the Commander-
in-Chief, the importance to us that the voyage of the America
should be continued to England, in order to prevent all delay
at Valparaiso, but particularly to avoid having EO large an
amount of specie exposed to the risk of conveyance by a
vessel of inferior force. It is also to be borne in mind that
the insurance which is effected in England will be by the
America, which might lead to doubts in settling losses if
transhipped to a less powerful vessel. Under these circum-
stances, we hope you will use your best endeavours in our
behalf, that the America may be permitted to carry our
treasures to England without transhipping the same at Val-
paraiso.
" Port of Mazatlan, Janury 13, 1846.
"F.de la Forre Jecker and Co. "P. Foot.
" Haas Denghausen and Co. " Francis Cook.
" Uhde and Pini. " Parrott and Co.
" Vega Hermanos. " J. R. Molter and Co.
" Runhardt and Ewald. " Redonnet, Echeguren,
" Mott, Talbot, and Co and Co.
" To Eustace Barron, Esq., Her Britannic
Majesty's Consul, Tepic."
At the foot of the foregoing- document Captain Gordon
had written—" The original document, with a letter
from Mr. Consul Barron strongly recommending the
measure, sent to me under a fiying seal, was furnished
to the Commander-in-Chief at sea, by the Spy, and I
neglected taking a copy of the letter signed Barron
Forbes, and Co.,' who have embarked a great amount of
specie."
Sir G. F. Seymour's instructions, also inclosed, were as
follows :
"By Sir George Francis Seymour, C. 8., G.C.H., Rear-
Admiral of the Blue, and Commander-in-Chief of her
Majesty's ships and vessels employed and to be em-
ployed in the Pacific.
" In case of your return to this port during my absence,
and the question between Great Britain and the United
States remaining unsettled, and making it advisable that the
squadron should assemble and receive my orders for their
further proceedings, you are, as soon as you can complete the
necessary refit and supplies of her Majesty's ship under your
command, to return to the northward, for the purpose of
joining my flag, calling at Callao and San Blas, in order to
receive any information or directions which I may leave at
either port for your guidance. In the event of the state of