The Sun.
London, England, 1861-04-27 00:00:00

THE GARIBALDI VOLUNTEERS.

At the Mansion-house yesterday a number o
young men, some of whom wore the uniform of the
Garibaldi volunteers, who, it will be remembered,
went from this country to Italy, to assist General
Garibaldi in his struggle for Italian independence,
attended before Alderman Mechi to support a sum-
mons that had been issued against Mr. William
Laurence Arrowsmith, the registered proprietor of
a steam vessel called the Melazzo, under the Mer-
chant Shipping Act, for having, on the 29th of
December last, unlawfully carried as passengers on
board the said yessel a greater number of passengers
than he was by law entitled to do, whereby he had
incurred a penalty of £2O, and ss. for each pas-
senger carried over the number for which the vessel
was registered.
Mr. Murrough, a solicitor, attended in support
of the complaint.
The defendant did not appear, but a gentleman
named Legatt attended, and stated that he was
abroad at the time the summons was served, and
had not yet returned.
Mr. Murrough stated that he appeared for a
number of young men, who were members of the
Anglo-Italian army in the recent struggle by Gen.
Garibaldi, for Italian independence, and if they
had only been • sufferers by the proceedings of
foreigners in connection with that expedition, he
should have felt that it was no more than they
might have expected, and he should not have inter-
fered. According to his instructions, however, they
had been most unfairly and indeed cruelly treated
by the commander of the vessel, and the only
remedy the complainants had was to adopt the pre-
sent proceeding against Mr. Arrowsmith, who was
the registered owner of the vessel in question. He
then proceeded to state that the Melazzo sailed
from the Bay of Naples on the 14th of December,
having at the time on board no less than 256 pas-
sengers, most of whom were young men who were
returning from the expedition. The vessel was only
registered for the conveyance of 145 passengers, so
that she had 111 passengers more than she was en-
titled to carry ; and there was no commissariat, the
only thing in the shape of food that was on board
being some horse beef, a portion of which he pro-
duced. •
The Alderman examined it, and said it more
resembled a piece of hard wood than anything cal-
culated for human food.
Mr. Murrough went on to say that the unfortu-
nate young men suffered a great deal until they
arrived at Gibraltar, and they of course went on
shore in order to obtain some wholesome food, and
for the purposes of cleanliness, and a notice was
given by the captain of the vessel that she would
leave on a certain day, at 12 o'clock in the morning.
Instead of sailing at that hour, however, the Me-
lazzo sailed at 10 o'clock, leaving the complainants
behind, without any clothes or necessaries, the
whole of which were taken away in the vessel.
The complainants were reduced to very great dis-
tress iu consenl.enre of this proceeding, and they
were only enantea to get MICK to proceeding,
homes
through the charity of the owners of a steamer
called the Mavrocordato. He had since made

an application to the agents of Mr. Arrowsmith
with a view to obtain restitution of the pro-
perty, but he could not obtain any explana-
tion, and hig application was not paid any
attention to. The vessel is now at sea, the
agents, as he before stated, declined to interfere,
and the complainants had no alternative but to
adopt the present proceeding, in order to obtain
some redress.

Alderman Mechi said that, according to the state-
ment that had been made, the matter was one that
certainly ought to be inquired into; but the diffi-
culty in the matter was that the defendant was not
present, and there was no evidence to show that the
summons had been served at his last place of abo3e
or residence. which was required to be done by the
Merchant Shipping Act. It appeared to him,
therefore, that he had no jurisdiction to entertain
the present complaint.
Mr. Murrough submitted that their service at
the offices of his agents was sufficient.
Mr. Oke, the second clerk, said that there was
another difficulty in the case, which was, that there
was no evidence to show that Mr. Arrowsmith was
within the jurisdiction of this Court at the time the
complaint was made.
The summons was then dismissed.

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