The Sun.
London, England, 1803-05-10 00:00:00

LAW REPORT.

cougT OF KlNC's BENCH, MAY 9.

. THZ KING. V. RICE, VSQ.
Pelendant, Lteatenant cattle up to re.
the. Judgment af the Cour,. It will be re-
..uaeo:al, that. Air. Rice was First Lieutenant al
to a Q(iyties, of which Cant. Freemantle was the
Cammaoder ;• that in con,eirenat of soma ulthalTY
o.iTerencr that subsisted between-these gallaat Offi,
a4a!raa4he Defendant sent a challenge:to:Capt. Free,
_fivp,te,,- An information was; fihai against him, and
a, allowed judgment to go by default.
In eaatae of the last Ternilie filed.maq Afii.-
,:avits, charging Capt. Freemaatie, with tingenrie-
noknlike and oppressive conduct, while he was on
ae,rd the ship„ and stated many instaoces; of
abo:ive language which he had repeatedly used.
The Como at that timeohought the DafendanaJiad
received great ptOvocation, and wished those AfPa.
vita to be referred to the Lords of the Admiralty,
for them to 'consider, whether they, after perusal of
them, would think it advisable to bring the Detcn.
dam up fur judgment at all. Those Affidavits.ii ere
accordingly referred to the Board OlAdthiralty, at
whose instance the information was foed ; but
they declined interfering, and Captain Freemantle
Was allowed to file another. Affidavitainexplana.
tion of those fads charged upon him by the Affi-
davit of Lieut. 'Rice. His Affidavit was' accord-
ingly In this he denied that he had made any
attempt to get the namination of his own Officers,
or that he had any pique against the Defendant, on-
account of his being appointed without his ma-
currence: He admitted,. that he had used the
hasty expressions charged ; but said he was in_
duced to do it by the miscondud of the De.
fernatanr; for, that Lieutenant Rice was totally
incompetent to the situation of First Lieutenant
of a Ship of the Line. That he.had often expressed
himself so to the F2arl of St. Vincent, who told
him that he had heard the same complaint from Capt.
Dtauar, of the Paaviefai, with whom the Defendant
360 s,c%brrd. In answer to that part of Lieutenant
Rtc ea affidavit, in which he charged Capt. F. with
abusing him for haiing his friends on board ; he
stared, it was during the time that part of the crew
received their pry, when they were usually dis.
posed to be tumultuous, and it required the particu-
lar exertion of every Officer to keep the ship in or.
der. That he himself, at such times, never receiv-
ed any-visitor; and thought his Officers ought not.
Mr. GARRow, Mr. GII3DS, and Mr. JERVIs
. were heard for the prosecution. They dwelt chiefly
upon the necessity of subordination being kept up
inthe Navy, and the fatal effeds which would arise
if a Lieutenant were allowed to treasure up in his
mind any. hasty or peeVish expression which might
d ...op from his superior Officer, anal years aft emards to
make' this the foundation of a challenge: Captain
Fteentantle's passive coorage in thus appealing to
the Laws detiteved equal admiration with the bravery
he had frequently displayed in fighting tine Enemies
of his Country ; but it' it should appear that a Court
of Justice yielded him no rotation, we would lie
disposed to follow his example. a a
Mr. ER.I;KII!IE) for the Defendant made 'a most
eloquent and impressive address i& the "Court.---
lie descanted with great fierce on the necessity of
prc“:rVing-the gentlemanly feelings of Officers in
the Navy, by.-the influence of which We had arisen
to such. a' pitch of eminence and glory. We had
now on 'board our fleets young men of the highest
birth, of moJt hotiourgible feelings, of the greatest
ant:avian, ; the sails of Nobles and of Gentle-
men. What, must they be told "Togo to their:
hammocks," " that they daserved to be hanged,
an,l,il.()ulti be hanged?" '' :To look into the die.
tiara ta; far the rneanitig of abusive language,.if they
did 'not understand it ;" and oilier suchlike tan.
guage, which it iv,ts sworn Capt. F. had applied to
the Defendant, and not :a Word. of which he had
deaied. With respea to the imputation cart upon
the prafessi,nnal charader of Lieut. Rice, by
Capt. F.'s Affidavit, Inc obserVed, that it:was:coo.
finned by no one Officer in the Ship ; on the con.
miry, Lieut; Soley„ the Third. Lieutenant of the
'shint!..Siiip, !poke highly of elia Deleodarit, bath an a
Gdotlemm, and ;la Officer. Adverting to what Mr.
Gfligs had said, of the provoking language used'by
Mr. Rice, in his,challenge, he observed, that Cap.
`tain F. should also have recollated, that other
men had acute feelings .ts well as himself, la.fare
had used, the Opprobrious language he had done to
the DefeOdaot. •
The Court ordered lieut. Rice to be committed,
and brought up again on. Saturday se'rmight.
There were in the court the Hon. Capt. KING,
together with a long list of Naval Officers, and
Mr,. 'RiCIt'S five brothers, ready to give bail had
it been acceptable.

v: ;' j :.

Tit P K INC 'rverms ritAsalt AND SPE.NCER., MAGIS-
-I.IIATE3 courts y OF Mihoi,EsEx.,

Mi.. Ea lONE On Saturday, and Mr. Glans this
dar, sheered cathe'against a Rule obtained last
Nlicliaeltnas Term against these two' Magistrates
and Mr..Pirner, upon an Affidavit, charging them
*ith hiving corruptly appointed Mr. Pirner to the
Office of Surveyor ut the Highways fur the Parish
Of kieston.

While Mr. Gis BS wastproceeding to shew cause,
,
the Court interfered by Onserving, th.tt, upon Wt..
ing peruse'd the Affidavits en both sides, they found
it was not a case on which any information could be
grated. Rule discharged.
This Case concerned all the Country Magistrates
in the Kii,gdom, by calling in quevic,:itheir right
to depart from the Constables' Lisr, in the choice
of Surveyors, and other Parish Officers.

•
The two Grand Juries fur the County of Middle.
sex were this morning sworn in before Mr. Justice
o,tt ; aftgr which hiss Lordsbly, in Arley fteel-
len( diretted their attention to the nature of
tho.o: coerces that were most likely to come under
cvos,daration.