The Sun.
London, England, 1850-09-06 00:00:00

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LONDON, FRIDAY, SEPTEMBER 6, 1850.

A case which was investigated before Mr. INGaix
at the Thames Police-court on Wednesday, affords a
melancholy illustration of the condition of a vessel, in
which master and crew appear to regard each other
as enemies from the very commencement of their con-
nexion, and resolutely avail themselves of every op-
portunity of mutual annoyance. In such cases there
are, generally faults on both sides. Trifling diffe-
rences will almost necessarily arise between a master
and. crew hastily collected, and brought together
for the first time, which a little forbearance
and good temper on either side would speedily
arrange, but which are fomented and aggravated by
injudicious conduct, each party to the dispute endea-
vouring to thwart the other, until a state of affairs
arises destructive of all discipline, highly injurious
to the interests of the owners, and exceedingly dan-
gerous to the safety of the ship and cargo. The
master is necessarily entrusted with extensive powers.
He can, if he pleases, render the lives of the sailors
miserable while sailing under his command ; and we
fear that many petty tyrants irritate and provoke
the -seamen for the mere purpose of showing their
authority, while the latter are but too ready
to retaliate. Although they cannot openly rebel
without risking the serious consequences of a mutiny,
they speedily discover the weak points of their com-
mander, and let slip no opportunity of " vexing the
captain."

In the present instance, fcur seamen, named
PHILIP NEALE, JOHN HANNAGAN, CHARLES WlL-
zrAms, and JOHN WADLER, summoned Captain
ALFRED PALMER, master of the ship North Star, for
various balances of wages, amounting in the whole to
461. 10s., for services on a voyage from London to
Mazatlan and back, and in the course of
the inquiry the circumstances, so discre-
ditable to all parties concerned, were elicited.
The captain resisted payment on the ground of very
bad conduct on the part of the men; while they
charged him with " great tyranny and harshness.''
One of the men (PHILIP NEILE) declared " that the
captain and mate were always abusing the crew ;"
and another (HAaNAGAN) deposed on oath that "at
the commencement of the voyage the captain said he
would make the ship a hell afloat"—a promise which
seems to have been very completely fulfilhd—and
that he had " refused to allow the ship's company
an hour for their dinner." Oa the 20th
November matters appear to have reached
a point very nearly approaching to a mutiny. On
that day the crew turned out before daylight to wash
the deck ; at eight o'clock, A.M., the yards were
squared, and the larboard watch went below to
breakfast, and had scarcely got into the forecastle
when they were called on deck to set sail. This was
an order which should have been instantly obeyed.
It might have been that the starboard watch then on
duty could_have :performed the task without assist-
ance, that the time was selected for the express pur •
pose of annoying the crew, but still it should
have been promptly submitted to, even though
the men might keenly feel the petty slight.
In place
,9f pc) doing, however, they gate

a great advantage to the captain by an.
swering that " they would come up when they finished
their breakfast." The captain seized the opportunity ;
he at once ordered NEALE to be put in irons, and
declared that he would stop six days' pay from
leach of the others. This order, also, seems to have
been resisted. NEALE ran away into the forecastle,
and the crew prevented the mate from following l,im,
Captain PALMER then brought out a brace of pistols
and threatened to shoot one cf the men named
Kim], if be would not go down and bring
up the fugitive. Several of the men were then
placed under arrest, and, to use the language of the
seaman NEALE, " they all agreed to go into irons,
and were immediately put in confinement and called
mutinous rascals. They were stapled down to the
deck, and continued in that state, suffering greatly,
for two days, when they got quit of their irons."
After such painful exhibitions of mutual ill-
feeling it is by no means surprising that the men
were inclined to desert on their arrival at Mazatlan.
It scarcely required the temptation of " easy access
to California "to induce the seamen to leave the
vessel where they bad been treated in such
a manner. Five of the crew accordingly
went off, and were absent from the 13th to the 21st
of March, when they were arrested by the Mexican
soldiery, in consequence of a reward of twenty-five
dollars per head being offered for there, The
captain then had them detained in prison until the
ship was ready to sail under a lccal law, paying
51. 4s. Bd. police charges for each, so that on the
whole the owners lost nearly 1501. by their conduct.
On the investigation each party exhibited a most
litigious spirit. The men took advantage of a clause
in an Act of Parliament to refuse credit for an ad-
vance which they had actually received, while every
ftrfeiture or penalty that could be enforced was rigo-
rously insisted on. It is to be regretted that these
facts should only have been indirectly brought to
light in a proceeding for a pecuniary demand. The
whole case should be closely scrutinised, and the
guilty parties, whosoever they might be, whether
master or seamen, should receive punishment. For-
tunately the Act passed during the last session, and
which will come into operation in the beginning of
the year, will provide suitable remedies for all such
transactions occurring after that time.

We recommend to the attentive perusal of our
readers the report of the proceedings of the Blackburn
County Court, on Monday, which appears in another
column. It was the-first Court that hal been held
since the passing of the new Act, and the judge, Joule
ADDISON, Esq., took the opportunity of delivering an
admirable address on the subject, an address which
gives the best, the most succinct, and at the same
time comprehensive view of the nature of the new
Act and its probable working, that has as yetbeen pre-
sented to the public. Like all persons engaged in the
administration of a particular code of law, Mr. AD-
DISON iS, however, sometimes inclined to ignore some
of the dangers of his own system, and to consider as
defects in the old system of procedure things which,
in truth, are defects in the new. We protest against his
attempt to sneer down trial by jury, in that passage
of his address in which he asks, "Way should not
the parties, when they both desire it, have their cause
tried by the enlightened mind of the learned judge
at the a.sizes, instead of the chance medley of a
jury." For ourselves, we must confess that in cases
where the real merits of the cause only have to be
decided we should prefer infinitely to have the de
cision of twelve men of business, twelve men of the
w0r1,3, taken by chance, if you will, from the jurors in
attendance, to that of a judge learned only in the
law, and whose mind is cramped and warped by the
prejudices of his rank and of his profession. The
probability is greatly in favour of the abstract justice
of the decision of a jury in such cases, more espe-
cially when we recollect in bow many instances, of
late, judges of the superior courts, unable to forget
their old habits of advocacy, have become actually
counsel for plaintiff or defendant, as the case might be,
and have only been kept within bounds by the clear-
sightedness and strong sense of justice of the jury,
who have refused to suffer themselves to be misled
by the bigotted prejudice of the presiding judge. It
is not every learned judge who possesses the rare
judicial talent, the strict impartiality, the innate
love of justice, and the unvaryingly sound judgment
of Lord CAMPBELL. We should like to see the in-
tervention of a jury more frequently in County
Court cases. Where a Court is presided over by such
men as Mr. ADDISON or Mr. Sergeant DOWLING,
all parties may feel themselves perfectly safe, but we
know of County Courts in the neighbourhood of the
metropolis which are neither more nor less than
plaintiffs' courts; and such all County Courts will
become, when they are presided over by en incompe-
tent judge. This evil, however, will be in a great
measure remedied, whenever a regular County Court
bar shall be organized, as the judge would not dare
to act, under the surveillance of a bar, in a glaringly
unjust or indecorous manner; we are, therefore, re-
joiced to find that Mr. ADDISON recommends the im-
mediate organization of a bar, and we hope that' all
members of the County Court bar will act upon Mr.
Sergeant DOWLING'S recommendation, and appear in
Court robed, as they would in Westminster Hall. Ie
order to maintain an efficient bar, it is necessary that
Mr. ADDISON'S very judicious recommendation to
" others to abstain from pleading" should be strictly
attended to ; indeed, we consider it would be ad-
vis able that in all jury trials, and in all cases
in which the matter in dispute involves
either the exercies of a right or a point
of law, or shall be above the value of 51., the bar
should have pre-audience. It would be well that the
practice of quasi appeal from the decision of one
judge, which has hitherto existed upon the Blackburn
circuit, should be compulsory on all circuits. "The
judges of this circuit and the next," says Mr. ADDI-
SON, "have conferred together upon cases reserved for
consideration." It would make the system complete
if, the Blackburn custom having been made compul-
sory, one of the judges from each conference should at-
tend in London once a year, to meet his fellow-judges,
for the purpose of digesting these decisions and sub-
mitting the digest to the consideration of any of the
judges of superior courts, on receiving whose sanction
the digest should be considered as of binding autho-
rity in any County Court in the kingdom. By this
means we should secure an uniform method of proce-
dure in these courts—a thing much to be desired.
Mr. ADDISON has conferred a great obligation on all
the friends of a cheap and speedy administration of
justice by the delivery of this address, and we trust
that the judges in the other County Courts will follow
his excellent example of taking a careful note of every
case, and of well weighing every judgment. It is the
only method by which they can secure respect to
themselves or confidence in their decisions.

DEATH OF B•RONESS ROTHSCIIILD.—We announce,
with much regret the death of Baroness Rothschild, who
expired yesterday afternoon at Gunnersbury-park, her seat,
near Ealing. We are informed the Baroness was seized with
determination of blood to the head on Sunday, the 25th ult.,
and the syaiptoms, then alarming, continued to increase,
when at halt-past twelve yesterday she expired, surrounded
by nearly the whole of her family. Baron Lionel Roths-
child, who was on the continent when the Baroness was taken
ill, on the receipt of the news instantly returned, and had the
gratification of reaching home before his mother's death.
Sir Anthony Rothschild, Baron Nathaniel, and Mrs. Fitzroy,
wife of the Right lion. H. Fitzroy, M.P., were also present
at her dissolution. Baron Meyer Rothschild did not reach
London from the Continent until yesterday afternoon, and
was deeply affected to learn that his mother was no more.
The deceased Baroness, who was in her 68th year, was widow
of the celebrated capitalist and third daughter of Mr. L. B.
Cohen. By the Baron, who died in 1836, she leaves issue
four sons and two daughters—Baron Lionel, Sir Anthony,
Baron Nathaniel, and BAron Meyer, Baroness Anslera and
Mrs. Fitzroy.

.
DEATH OF A VETERAN.—PLYMOUTH, THURSDAY.
—Colonel William Elphinstone Holloway, C. 1.1 ,commanding
officer of Royal Engineers, expired at his, fficial residence in
the Citadel yesterday afternoon at five o'clock, after a pro-
tracted illness, the severity of which was much increased by
the wounds he had received in the service of his country.
Colonel Holloway wi,s in the Peninsular campaigns of 1810,
1811, and 1812 ; he was wound,d in the trenches before
Badajez, and shot through the body on the 2fith of the same
month v hilst storming the enemy's works. The colonel re-
ceived the silver war medal with one clasp fer 13adajc.z.
WHISPEILIINGS THE G-ALLERY OF ST. PAUL'
S.--
Which is the noblest Chapter of St. Paul?—The Chapter
that asks Twopeace. Have you seen St. Paul's Library? It
so, state what you think to be the Dean aid Chapter's no-
tion of the dignity of Letters.—The dignity in letters,
L. S. D. Why does it appear that the Dean and Chapter
never went to Brazencse?—Because they have the face to
stick to coppers. What may the mcney-takers do with the
bad halfpence ?—lndignantly refuse 'em. What du you con-
sider to be the oldest, most vital, and most revered institu-
tion connected with the Established Church ?—Twopence.-
Punch.

TOE LIVERPOOL CAR STIIIKE.—LIVERPO"L,TIIIIRS-
DAY.— Owing to a temporary arrangeme!,t w th the Town
Council, the hackney-coach proprietors commenced running
to-day. It is expected that the Council will revise their scale
of rates. . .