The Sun.
London, England, 1803-12-29 00:00:00

LAW' RFPORT.

COURT OF KING's BENCH, i)Fc. 24.

JITTINGS LORD tI.I.I.NDOR4UGII AND SPECIAI.

jtMlf.3, IN OVILDHAtt, I.OIpON.
I.IAWHOOD AND OTHEM re/. LEWIS, ESQ.

MR. EesKier stated, that the—matter in this, case
for the consideration of the Jury lay in a very nar.
row compass. He had no disposition to -declaim
against any of the, Officers of Hit Majesty's Navy,
for no man living was more sensible oldie important
,and meritorious services rendered to this country by
those brave andgallanf metre; he only complained of
a loss that had fallen upon his Clients, in conse.
quence of an illegal an el authority exercised by
Captain Lewis ; and if that ant Was not justified by,
law, it mattered not whether the Defendant-thought
he was justified in law or not ; it was nothing to the
Plaintiffs whether he thought he was acting right or
tuft. It was enough if he. hail no authority for doing
the att.
This was an adipn of trespass brought by" the -
Plaintiffs against the Defend& t, to recover a satis.
fatlion in damages for illegally detaining, for a great
length of time, a vessel of the Plaintiffs' ealkd the
Eliza, in Port Mahon. This .iies,el had been fitted
out for trade in the Mediterranean, and had been
fortunate enough to take a prize, and the prize of
that prize, and carried them two Ca
gliari, the _r a.
pital of Si rdinio, In consequence ,;t that, a repre.
sentation was made by Mr. Jackson, of the.
Plaiiititt, who was upon the spot, to those who re.
presented His Majesty in that partktf; the wosld, to
the British Minister,: and to Lord Keith, and hy,
that means orders were given for the restion icm of
those prizeti, • , Bet owing to thi French rak:og pt,s.
session 01 Leghorn; it became necessary for the Eiiza
to put .inur p9rt ,Mahon, and there the found iii;,
Gentleman, Caps. Lewis, who commanded His Mti_
jetty's ship the. Minotaur. 'lwo. persons of the name
of Gray and Roberti, had some time before that been
impressed in the Eliza, and carrit d oll.board the
Minotaur. The loss of these men was a sufficient
loss to a Merchantman, without seizing the. ship it.
self. After the Eliza was. prepared to go to. sea,
and had aC3ualfy sailed out of pert, sliewas boarded,
by persons sent...in a boat .by .Cape. Lewis, and the
Captain of the E za, whose name was Dun, was
brought on board Capt. Lewis's ship, and waA told,
that unless the wages .that were due to thesetwo
impressed seamen were paid, and their, clothes and
tools returned to them, that the &liza would be de.
tained. This Capt.. Lewis had nothing to do with.
It was a matter entirely between those two men and
the Owners, whether they should recover their
wages and'their property. Capt. Lewis assumed to
himself an authority which undoubtedly did not be.
long to him, to detain this vessel on that account.
He soon found he had no justification for ,detajoi„g
her. He pretended that he had atted,under the or.
ders of the Vice Admiralty Court :.that Court had
no right to give him any orders. to detain that ship.
That .was under preteeee that she had on lidera a
deft: Wive letter of marque. This defectwas merely •
made,a stalking.horse, and an ex/tattled() justifica::::
don far the cooduel of that Gentleman. The vessel
‘44,) derai4ed seven moths, and it was for the loss
sustained by that detention that 'this ailion .was
brought. Capt. Lewis had pleaded a number of
things in his, justification. The Plaintiffs had ad-
ulated all the fans, and said that they did' not
amount to. a justification in law ;. but the decision
of that question was to be left to the consideration
Of the Court of Klug's Bench. He should prove
the adt of detention. This was in its.peture,merely
4 writ Of iiiquirrof datnages. Thef Defendant could
not possibly go into the nature of these pleas by
way of ositigatinn of damages ; and for this teastei,
that it was a, rule a law that nu matier'could he al.
ledgesi in; mitigation of damages, which, if Pleaded,
would amount to a justification.

Lsrd ELLEttttoßovott said, he mold take no no.
tice of these pleas sitting at Athi PriNsi but only of
the 'naked 'general issue; which was the issue he was
to try.
Mr. ERSIC INS said, he thought this might. be very
properly decided before some ptivate- tribunal, ilial
that he was then perfatly ready that it should rake
that conrse.
_ _ _

Lord ELtarlDotouGH said, this was merely a'
writ of inquiry 01 damages, and that 'quirt Lewis
Was responsible tOr all the damages.
Capt. Dun, the Master of the Eliza, was first exa-
mined, and proved the lath stated in this .opening.
On hie cross:examination he athnitted, that if the
wages Of these two impressed seameraad been,paid,
and their clothes anti tools returned, that the Eliza
might have sailed the next hour. it was also stated,
that the letter .of marque was not renewed when
Capt. Dun came on boatd the Ship.; but the old let•
ter of marque watt indorsed over to him.
Lord Eutil NNOROUCH said, he was not prepared
to say he had a ti4ht to atop her because she had not
a letter of marque. •
Capt. Dan said, he told Mr. Jackson, that incase
the money was paid to these two people, that the
: Vessel might go. One of 'these men was the Ship's
Carpenter, and had left a box (Stools behind; which
was also insisted upon. Mi. Jackson said he would
not pay the money at that time. Capt. 'Lewis sailed
in the Minotaur, after this, in a day or two, for
Egypt.
file next witness was Mr. Stewart, the Mate,
who said they were ready to go to sea in the begin.
nine of November, 1 goo, and were prevented tram
sailing, by Captain Lewis ; they did. not sail 'till
the 2 Ural June, tf3ot..
Thornas Orkwart said, he watt a ship's broker,
and knew the. Mir!. `fle believed site was of the
burthen of 'one hundred and' ten tons; she- had
eighteen men on board. Vessels were hired In the
transport 'Smite at thirty shillings per ton. per
month. rt was much higher ill foreign-ports, but
how muck he did not know.

1.00 ELLFNBOROVGII said the Plaintiffs had not
shewn ail thing hut a momentary detention. 71,1.ey
could only be entitled to noutinol damages.. For
any thing that appeared in evidence, they might
have sailed the net-
Mr. GAMOW, leading Counsel for the Dzfendant
ob•Trivcd, that it must be rnattcr of aito'nishment to