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

ASSIZE INTELLIGEN CE.

WESTERN CIRCUIT.—BnesTon, Aug. 24.
(Before Mr. Baron Watsan and a Special Jury.)
KROD, V. FRANKLIN.
This case proceeded after our despatch left 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 maintenance 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 had to look for protection, regulation, and control ou
board. A large authority was therefore vesttd In his hands ;
they would not forget the great responsibility attached to
him. In every club, in every hotel, there must he regu-
larity and rules. Chief Justice Tindal held that a captain
was justified in excluding from the table any passenger who I
had used improper language, and Lord Ellenhorough had
said that he might put a passenger in irons who refused ,to
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 strong, controlling power, :and if oarce
disorder was allowed no one could tell where it would end.
There was a great distinction, he 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 on])
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 his friend opened cases when he was
to have the last word ; it was, ha supposed, in the way of
trade. Numbers of things were stated which his friend must
have 'flown could not be proved, and which, if proved,
mild have nothing to do with the case. Ile did not com-
plain, but Ire wished to draw a distinction between the state-
ments and the irrie,fs. Taere was 1.0 attempt to extort an
apology. What were tire facts stripped of the brilliant co-
louring that had been thrown over them ? Captain Franklin
had sailed fitorn Melbourne, and had called at Calcutta,
where he took in many passengers. They arrive at the Cape,
and there they took ins Mr. Krog. He must ark thew to
believe that Capt. Fr anklin had an answer to the aTersions
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-
ea! at the Cape. This was clear, that the troops anti the offi-
cers had not been known to each other, and he thought their
conduct had not been so satisfactory that the captain could
feel very comfortable. There had been complaints made as
regarded the Lascars. The whole were not well assorted.
Mr. Krug 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 'eau than a lawyer, still there were
sottne who had a smattering of law who became dangerous
in matters of law; and those who knew a little of law were
anxious to have their first case. Mr. Krog soon set him-
self to work to draw the first lezal 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 WV, disturbed on the
evening in question ; perhaps some of the parties were not
the better, but the worse for wine, but the captain ran down
and was told that they would insist upon retnoviug the lamp
—a trivial thing, he should have thought—but the captain
said it must not be removed. An altercation took place, and
while everything was hot Mr. Krog interfered, and that in-
terference was too warm, and Captain Franklin not so rough
as had been stated. But he should satisfy them that Captain
Franklin was in fear.
The Judge.—That won't do; you must prove a commence-
ment of the mutiny. I have been reading your pleadings
with great care, and have seen that you studiously avoided
coming to that point.
show T
that , tto
Mr. Coleridge—lt was Ignorance.
The
eCij
;"'fy. Bou ar
louse N o,n o
not ignorance in you, Mr.
Coleridge
was necessary to imprison
him in order to prevent mutiny.
Mr. Coleridge said he must show that there was danger of
(ronnu—
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 apprehension that there
would be an attack by the soldiers. He should ask whether
that would not justify the captain in point of law. Was it
or not true that there was that well-grounded apprehension?
He came before them with an excellent character, 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 matte up
his mind to imprison the plaintiff, what was there to justify
angry feelings towards Capt. Franklin ? Moral coercion was
sufficient for a military or naval man—he was told he was
under arrest, and that was sufficient. If Capt. Franklin was
justified in sending Mr. Krog to his cabin, he was justified in
putting him in irons because he would not remain in the
cabin. His coming out 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. Ile de-
tained him for the vindication of his authority. The ortoment
his health began to suffer the captain said he must come
out. Ile should call the defendant and different officers of
the ship, and they should hear the account of Mr.
Lansberg, and he should ask them to come to a concluelon
that the defendant had only done that which was right.
The Court was then adjourned till to-morrow.
WEDNESDAY, AUG. 25.

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
bad 140 troops on board. lii the course of the voyage the
troops did not give much trouble. They fought a little at the
Cape, and I interfered. I had 65 Lascars for a drew. They
struck work at the Cape. They were taken before a magis-
trate. In the saloon there were four lamps, all lighted at dark.
The time for putting them out was 11 o'clock, half-au-hour
later than was usual in other ships. I was in the habit of tak-
ing rest when I could. On the evening of the 4th of June
there was a whist party. They made a considerable noise, and
re-
mained haratneziug and breaking
made remarks net complimentary, to me. I desired the
steward to remove the lamp further down the table, as I was
went I heard
into
tah great r
salon.ea t noise
disturbed by the noise. On the sth of June a party re-
dinal Pull." glasses
Baron Watson—Drinking wine and breaking glasses is
not a mutiny. playing at " Car-
strong standing. The steward said 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 ,i Y have no authority to
g
say, You
Cwaapstawinalkllinnut oaondthLeiePtiOtO.PArml-
do it."
_. _

Baron Watson—You had no 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 plaintiff called out in a loud tone
that I should not do it. I asked who spoke. He said, " I
am Mr. Kror ;" and he said I was only the landlord of a
floating I said, "Gentlemen, arc you aware you are
approaching a mutiny on the high seas." .1
did not recollect
his name. I did not repeat his name in a sneering tone. The
soldiers were close to the cabin doors; there was a regular
eineutc on board—or a row, iu English. Toe plaintiff had
joined the ship 20 days; but among 40 passengers we can-
not know them all in that time. After this altercation I
threatened to put Mr. Kroh in confinement. I asked Major
Longden it he was inclined to assist 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 hands down again. Capt. Hunt
said, "We will see which is the stronger." I went into coy
cabin and put a revolver in the waistband of my trousers,
and gave another to the chief officer, 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 bad
been informed of this by the chief officer. At this time I