The Sun.
London, England, 1858-08-26 00:00:00

LAW INTELLIGENCE.

CITY SHERIFFS' COURT.—Aur. 25.
(Before Mr. Prendergast, Q.C.)
A. JUVENILE BILL DISCOUNTER-RAANB V. MACKAY.
The plaintiff in this action sought to recover a sum of
money upon an overdue bill of exchange. The plaintiff is
a minor, and Mr. Orgood, the chief clerk, objected to his
appearing as plaintiff, but his Honour overruled the objec-
tion, as the defendant did not appear.
The plaintiff said he had discounted the bill upon which
he now sought to recover.
His Honour—Ah ! A young beginner in the money line.
Did you see defendant sign the bill?
The plaintiff—No, I did not see him sign it; but be must
have done so or his name would not be there. (Laughter.)
His Honour—You must be more careful for the future.
You ought to prove handwriting.
The plaintiff Well, I did not think that was any business
of mine; all I bad to do was to present the bill when it
fell due, and get the money. (Laughter.) He has paid
£9 10s.
His Honour, referring to the back of the bill, and finding
this to be the case, said he would take that as an admission.
(To plaintiff)—Well, you had better take the balance in two
payments.
Plaintiff—Oh, no. I want the money, or I wouldn't have
summoned him. (Laughter.)
His Honour—Well, you had better take it in a month.
Plaintiff—l'd rather have it at once. (Laughter.)
His Honour—Well, but you have taken it in portions
yourself.
Plaintiff—Yes; but I want it all now. In fact, I want
money, and that quickly. (Laughter.)
His Honour—Well, you had better take it In a month.

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.—BRISTOL, Aug. 24.
(Before Mr. Baron Watson and a Special Jury.)
K afteuvr
our .F
despatchßAN KLIN FRANKLIN.
This case proceededeft
yesterday.
Mr. Coleridge addressed the jury for the defendant. He
was happy that this case was tried In the city of Bristol, be-
cause all persons living in it had a due appreciation of the
importance of keeping strict and proper discipline on beard
a merchant vessel. If they should think that there had been
intemperance, the plaintiff was not the person to complain,
because, if he had led to all this altercation, Capt. Franklin
had only exercised that authority which was requisite for
the mainteaance of good order in the ship. The ship was of
first-class size, having a most valuable cargo and a crew and
passengers amounting to nearly 400 souls. To the captain
all bad to look for protection, regulation, and control on
board. A large authority was therefore vested in his hands;
they would not forget the great responsibility attached to
him. In every club, in every hotel, there must be regu-
larity and rules. Chief Justice Tindal held that a captain
was justified in excluding from the table any passenger who
had used improper language, and Lord Ellenborough had
said that he might put a passenger in irons who refused;,te
fight in time of war. The principle to be looked at was that
no person should break the captain's rule. There was a
necessity for some strung controlling power, :and if once
disorder was allowed no one could tell where it would end.
There was a great distinction, be admitted, between the
authority over the crew and that over the passengers.
It was to be mitigated by common sense ; at the same
time it must not be permitted for any one to insult the
authority of the captain of the ship. These being the only
general observations, he would come to the facts, and
see whether they did not make out a complete
defence for Captain Franklin: They must be aware
now how tits Cc/end opened, cases --when Le was
' to have +he last word; it was, he supnceld, In the way of
trade. Numbers of things were stated which his friend must
have 7.nown could not be proved, and which, if proved,
could have nothing to (to with the case. He did not com-
plain, but he wished to draw a distinction between the state-
tnents and the proofs. There was no attempt to extort an
apology. What were the facts stripped of the brilliant co-
louring that had been thrown over them ? Captain Franklin
had sailed fom Melbourne, and had called at Calcutta,
where he took in many passengers. They arrive at the Cape,
and there they took ink Mr. Krog. He must ask them to
believe that Capt. Franklin had an answer to the aliersions
that had been cast upon him ; but Capt. Franklin would be
called, and his friend might ask him what questions he
pleased. Let them see how the matter stood after their arri-
val at the Cape. This was clear, that the troops and the offi-
cers had not been known to each other, and he thought their
conduct had not been so satisfactory that she captain could
feel very comfortable. There had been complaints made as
regarded the Lascars. The whole were not well assorted.
Mr. Krog appeared to be the only lawyer on board, and he
thought that some of the rules were not according to law.
As a lawyer and the son of a lawyer it would not do to dis-
parage his profession or to foul his own nest. As there could
not be a more useful man than a lawyer, still there were
some who had a smattering of law who became dangerous
in matters of law • and those who knew a little of law were
anxious to bave'their first case. Mr. Krog soon set him-
self to work to draw the first legal blood on board this ship,
the Undaunted. He had given those on board his opinion
of the status of the captain by telling them that his posi-
tion was that of a landlord of a floating hotel. He should
show them that there was that which justified Captain
Franklin in the course he had pursued. Captain Frank-
lin being obliged to be up all night, was obliged to get
his rest at any time he could. He was disturbed on the
evening in question ; ptirhaps some of the parties were not
the better, but the NvorEe for wine, but the captain ran down
and was told that they would insiq upon removing the lamp
—a trivial thing, he shoal lave thought—hut toe captain
said it must not he removed. an altercation took place, and
while everything W 0 hot Mr. Krog interfered, and that in-
terference was too warm, and Cattta!n Franklin net so rough
RS bad been stated. But he should satisfy them that Captain
Franklin was in ft
The Judge.—That won't do; you must prove acorn mence-
merit of the mutiny. I have been leading your pleadittes
with greet ea, c, and have seen that you studiously avoided
coming to that point.
Mr. C,.lerid;;e—l wee igrim anee.
The Chief Baron—No, no, no ; not ignorance in you, Mr.
Colet Lige ; you taus' shn..v that it was necessary to imprison
him iu ~relEr to prevent rattloy.
Mr. Coleridge said he newt show that there was danger of
impending mutiny to justify the captain in his acts. The
captain would tell them there were such numbers about the
cabin doors that he was under an apptchension that there
would be an attack by the soldiers. He shoeld ask whether
that would net jnntify the captain iu point of law. Was it
or not true that there was that well-grounded apprehension?
He came before them with an excellent diameter, and he
should ask them to believe that he apprehended an appeal
would be made to the soldiers. If this was not so, why were
the soldiers sent down below ? This fact, he submitted, was
worthy of their consideration. The captain having made up
his mind to imprison the plaintiff, what was there to justify
angry feelings towards Capt. Franklin? Moral coe.rcion was
sufficient for a military or naval man—he was told he was
under arrest, and that was sufficlent. If Cept. Franklin was
justified in sending Mr. Krog to his cabin, be was justified in
putting him in Irons beeensce he would not remain in the
cabin. His coming nut of the cabin was setting his authority
.at defiance. As to keeping him so long in irons, they must
take into account the apprehensions of the captain. He de-
tained him for the viad.cation of his authority. The moment
his health began to suffer the captain said he must come
out. Ile should call the defendant and different effieers of
the ship, and they should hear the account of Mr.
Lansberg, and he should ask them to come to a conclusion
that the defendant had only done that which was right.
The Court was then adjourned till to-nsorrow.
WEDNESDAY, AUG. 23.
The trial was resumed this morning.
Captain Franklin—l was the commander of the ship. I
have been a commander 20 years. The tonnage was 1,470. I
had 140 troops on board. II the course of the voyage the
troops did not give much gothic. They fought a little at the
Cape, and I interfered. I hai 63 Lascara for a crew. They.
struck work at the Cape. They were taken before a magis-
trate. In the saloon there werefour lamps, all lighted at dark.
The time for putting them out was 11 o'cl. ck, half-an-hour
later than was usual in other :hips. I was in the hebit of tak-
ing rest when I could. On tee evening of the 4th of June
there was a whist party. They 'wide a coneiderable noise, and
made remarks net complimentary to me. I desired the
steward to remove the lamp futther down the table, as I was
disturbed by the noise. On the Sum of June a party re-
mained hammering and breaking glasses playing at " Car-
dinal Puff."
Baron Watson—Drinking vine and breaking glasses is
not a mutiny.
I heard a great noise as I vas walking on the pop. I
went into the saloon. I saw Captain Hunt and Lieut. Arm-
strong standing. The steward sail the gentlemen insisted on
moving the lamp. I said I had the right to put out the lamps
at 8 o'clock. I heard a voice sty, " You have no authority to
do it."
Baron Watson—You had at right to put out the lights.
It is the custom to put out the lights at half-past 10 in all
well-regulated ships. The pla.ntiff called out in a loud tone
that I should not do it. I asked who spoke. lie said, " I
am Mr. Krog ;" and he said was only the landlord of a
floating hotel. I Said, " Gentemen, are you aware you are
approaching a mutiny on the hail seas." I did not recollect
his name. I did not repeat his carne in a sneering tone. The
soldiers were close to the cebir doors ; there was a regular
meut eon board—or a row, in English. Toe plaintiff had
joined the ship 20 days; but ationg 40 passengers we can-
not know them all in that tine. After this altercation I
threatened to put Mr. Krog in confinement. I asked Major
Longden if he was inclined to rssist or resist me. He said,
"To assist, but he could not interfere in a private quarrel."
I piped up the hands, but when I found the soldiers were
ordered down, I piped the hauls down again. Capt. Hunt
said, "We will see which is tht stronger." I went into my
cabin and put a revolver in' the waistband of my trousers,
and gave another to the chief ittficer, and I then said they
were verging on a mutiny on the high seas, and I thought
they had been trying to take the ship for 24 hours. I had
been informed of this by the chief officer. At this time I