The Sun.
London, England, 1810-08-04 00:00:00

enew h., aed Cie dtientrant was Captain of the money being stopped tbr the purpose 'of ausweitig
, Pluto frigate., which Na; under the command of the ddetnaud of freightage, •to which the officer: con-
' Admired on that station, , The Admiral claimed a .-ceived he was.entitled. However, " iticonsideraei
• prop-set:on of a sum received heeCaptejn' Jariterin, tion of the care and trouble which devolved on the
ATTIERToN V. WiLLsHEN.--CRIM. CON. -for elie..treightl of a riuAottly of specie, which, by Captain: of •men of war, who took specie on hoard,
:the order of _Governmetitehe had' taken to Gijon, in the Lords of the Treasury proposed to' allow them
This was an astionbrought by theplaiirtitrewho is:
This deteasid 'rested on the universal and . one half per cent." The answer to this le: ter, from
a Cat vet and gilder, 'living ine
aot, Who is a gold beater, Long
living in the same. Acre; against the Spain" -,
invariable cus•oie -of the navy ; and this was the the Lords of the Admiralty, stated, " that* their
defenci e
sttret.
e nrsa irmehe relieved when it had been opposed, Lordships had taken -intp consideration the allovir.
.
'
Mr. GAkttow stated, that the plaintifflived very for though d 1 "is -nitre ha.l occurred at tunes relative ance proposed to be given to the Captains of men-of
happily with his wife, whom lie merried in June
- . ' •
to the different Admirals on the same station, the war; they agree with, the Lords of the Treasury,
•
1807, until he became connected 'with Are defend-
general' principle had always been admitted ; and he , that such Commanders canuot have any claim on
trusted: he should have a verdiet, when he proved specie, or any- other articles shipped on board their
crused pin' frequently to come to his house, which
ant, in matters appertaining to his. trade, whidh
that it waS customary for the flag ra-ficetren a station vessels for the, public service. ,But if his Majesty
to receive a certain quota, of the freightage paid to should, in censideration oi. the usage, allow one-half
etided in -an adulterous intercourse between theni.
Captains -under , leS command. He_ had himself per cent. to, Commanding' Officers who, have the
At the- time of the marriage the plaintiff had two
suns by a former wife, to whom his present at-led
been Counsel. on two great causes, 'where the prin- care and custody of such property; the. Officers of
-
Clphi WaS recognised. n. the first of' these, Admi- the Navy will ree-ive- it with great reseed and grati-
it all respeds as a mother, so that by losing her he
ral Parker was the' plaintiff,- end -Earl St. Vincent tilde.' .He begged the Court to observe the expres-
ist a valuable acquisition to .his family, a circuits-
. the defendant.. In this case
.a qtiatitity of treasure .. siren made use of in this letter ; " the Commanding
fiance which the Jury would not fail to consider in
the m asure of their damages. _ had Oeen .clapped on board one of liis Majesty's Officer who has the care and custody of such pro-
'l•he marrisge being proved, Which was by license, vessels of war belonging to the fleet, of which Earl' petty," is specifically mentioned. Surely no person
several relations and friends were called to prove how St. . Vincent was Commander in Chief. The Cap- •i would contend that Admiral Montague came under
l:appily they lived together. One *of these witnesses,
tam of that vessel paid over to Earl_ Sts Vincent, as , that description ! He was not cn board ; he was
-
I
first in commetel, one-third of 'the freightage, as sate enough in Portsmouth when the 'treasure was
however, whom the Attorney General designated by '
' time title of rite "Preacher," said that in short was customary, and Admiral ,Parker, who was aon board the Pluto.• Mr. Best then read the order
'•
'time subsequent to his marriage, Mr. Atherton, the junior Admiral. in the same fleet, brought his action i for the payment -of freightage, signed by the King,
'•
to recover a prior Admiral d's share of the, one- s and countersigned by Lords of' the Treasury.
plaintiff, became In' embarrassed circumstances;
that being arrested, his wife was ;bitterly affliCted,
third .so paid over. In the preceding case, Captain ' It stated, " that it should be paid, without deduc-
and shed abundance of tears; but one day as he (the Donelly, of the Narcissus, having conveyed a gee •t ' •tion, or accounting for the satne." .On these docu-
whir ss) was returning from the Sponging-house
quantity of (Resole •froin Rio Janeiro, laid to Sir • merits he grounded his argument; that evidtnee of
I Hume Popham the ohesibird, which eas custranari- . custom could not be received.
w here Atherton had been locked up, he met the de- Ily given to the Flag-Orticer ; but he subsequently i Lord Chief Justice MANSFIELD over-ruled this ar-
tendaut Willsbette a.nd,tellng him Atherton's situa-
brotighe his action for restitution of the 'money so i sument. .
ti6n, and that he Wai.al)preliensive he (the witness)t -
paid, 'on the ground, that 'though Sir Home' Pop. i The examination of Sir It. Curtis was then se
than lose the tilde Money that he owed him, Wills
ham was a Cotten-/dere, he was not a Fiag-Officer. sunned.—He .depcised, .that from his earliest recol-
shen immediately replied, " D—n it, never think of
1 In both-these eases, there was a. plain recognition lettion ot. the stibjea, he had always understood
that • don't yoo know his wife takes it'out in ?
. p 0 ig3,y !of
r the principle for which his, client contended.— that the Flag 'Officer should receive a share of
Ar w'hich tl:d witness, trembling for the r fl'
The plaintiff in the action then before the Court freightage, as regularly as he.did of prize-money,
of man, talc the elefendant that he was shocked at I :
his conduCt ; but bellever told the matter to /the
commanded at Portsmouth; and the deendant was watch, was also a gratuity from the King ; he had
' .
husband.
Captain of a frigate admitted to have been within received a share himself, buedid not know whether
• . ..
ears
Mary Gibbon, who has been a maid servant to '
and left hisservice lour months
his jurisdiction. Whatever Orders maybe trans- the freightage arose from the carriage of the King's
the plaintiff, deposed, that she lived•with }dim u ' • -
mitred by the Admiralty for the direction of particu- property, or from that of merchants. ,
wards of tele
p-
' Jar vessels; when the Admiral commanding on time Lord Howls examined from the Bench, deposed,
y ,
station- receives such orders, and delivers them to that lee had uniformly and invariably-seen the share
ago. That the defendant .had been. in the habit of
the Captain of the vessel destined for any particular of freiehtage paid, as a thing of course ; he had
calling etdierinaster's three or four times a week: 0 .
that witeit lie was informed-her master was at home service, the latter is acting under the command of received freightage money in North-America, the
' the Admiralty, and not under the Admiral besides, West Indies, and the Mediterranean.
(he being in the work-shop at the top of the house),
Sir
as has been asserted. But where the Admiralty Sir R. Strachan was sworn, but it was not thought
the defendant always walked off; but when he
as
that a Captain should withdraw • himself from necessary to examine him. - _learned. that he was abroad, he always came in, and .
would ireqtren ly slay for half an hour with bermes_
the command of a- particular Admiral ; when those Mr. Serjeant SHEPITERn observed, that several
tress in the back parlour, the door of which was al- ,
orders are given, the Admiralty apprize •the Corn- Captains in the Navy were ready to give their tese
' manding.Officer of the event and the Catain of tit-Den • ways bolted en the inside wheneVer he was there. , p , y.
coarse, is rendered independent .of him. If he was Mr. Serjeant Bese—" If is quite unnecessary ;
She also stated that he frequently used to come. and
knock at the door, and then run away to the Other not misinformed in what had been stated to him,' take it for granted the Captains will.not oppose the
not
which- had been acted upon by many of the first Admirals."
side of the street, where he staid till her mistress. .
went out and joined him.
Men in the Navy, whom he should that day call to • Sir R,,Bickertone hoWever, .wasexamined from-
Sarah•verify the (act, he would shew that Admiral Mon- the Bench, as to the period when rile.allowante was
Moore, another maid servant, said she was
hired at Lady-Day last, by Mts. Atherton, and that 'ague was justly entitled to one-third of the freight, : stopped, and when it was again granted.- He stated
age received by any Captain under his orders. :The that it was stopped in July, 180 t, and resumed in '
she was nut there abOve a week when shtrperceived
present aging grew oat of the following retrain- i 1807. • .
the defendant take very strange. liberties with her
stance; :—Government deeming it necessary to send ! Mr. Serjeant Base— " Then my Lord, IscOrdend,
mistress, which she .detailed ; but although they
were of that amorous description. which indicated a supply ef.' specie to Spain, the Lords of the Admi.• no action can be maintained ; and, lease of all, an
talty nsiniqed an order to Admiral Montague at . . ,
that all was not right, yet they did not. exactlytrai action for money had end received." .
amount to proof. positive of the infidelity of Mr. Portsmouth, direeting him to dispatch either the ; . Lord Chief Justice MANskitup--;" The point may
'
Atherton's rib: At length the witness, being pressed j Solebay or the Pluto frigate, which ever could most . be reserved."
conveniently b
e spared on the service. The Pluto, ! Verd.id for the Plaintiff-1801. 2s. Bd.—a point
reluctance" she told the tale. Her description' ay
a little hard by Mr. Garrow, " with murmurin g m comanded by Captain Janverin, was accordingly being reserved for the decision' of the Judges.
.
be conjectured when it is knoW,n that the back par- • sent ; and the. money for the freightage was paid.—
the plaintiff demanded the customary allowance,
lour door, whereilie defendant and the Lady were,
~ but the defendant refu ed to comply with the requis
pr
was bolted in the inside t that an uncommon noise anion. If Admiral Montague were not perfectly
oceeded from where the sofa was placed, and that
the parties, in 'their warmth of passion, having . correct in--his demand, then not. only many of our
neglected to draw the curtain greatest naval heroes who are now
,living, but curtain of
the bacthe window which
many also
There had been disputes aboutwho have. ceased to exist, have acted
looked fronethe ball passage into kpailour, contrary to ustice. '
the fatal curiosity of Sally Moore was tempted to j
take a peep, and see
and cases had also arisen, where, in transhipping
what was - going forward, the sum to be paid for. freightage to the Captain;
' .
when,
shocking to relate,- the situation, attitudes, treasure from one vessel to another, differences had
and eajee
.eef the parties, presented such a scene as .
;occurred to the sum 40 paid to the original cars
left not a • shadow of i
almost
,petrified Saitif- Pa.
the evening she leer, aud Abet to be given to him on board whose
doubt-that the'deed was donee ir:
at,., the next vessel the specie • was ultimately shipped. In con-
told the whole affair to her master, a sequence of the public business being retarded by
mornieg Mrs. Atherton left the sit;,: -- - • . ; those misunderstandings, the Lords of the Treasury '
The ' A•rrontsee-Gesikeers.—" I have heard that ' .e
1 eesete to .„..e Lords of . time Anna:salty re- - - • •
ts ..,; --euesttng
young women's fincies, on many occasions, are very ' --
''s:
their ieletfarenCe s. ant! i; was by them directed,
ex t telegram :—Now, Sally:: was not all thisiis
gination 1- • . . a- i that, from the cuit_ Ui imiei?.ordet, whenever any
iisetruaions were sent to Captains of, men of war,
it was all real."n ee,
Sally.—"-No, Sir, it was no imagination of
mine
,
' ice to the shipment of any articles whatever,
on his Majesty's service, such instructions should be
The ATTORNEY-GENERAL did not ask Sally an
°- immediatssely carried into, effect. He would not'
they question, but addressed the Jury '
re in mitigation 1
, detain the Cvntlemen of the Jury longer, but sup-
of claire-lees He reminded them, that a wile
,1„, who pert the fads Contained in his statement, by the
could betray fie? vows "iii one little month after i distinguished characters in the
seer marriage, was not a person the loss of whom :
1 evidence of man'
!)
Navy.
was much- to be regretted; tor she was a coin anion ..
For the purpose of swing trouble, several papers
I%t
-tee lett . than gained. Ie 'was evident then
._
mecti es.were here read by' the dei'.l/4; the contents of which
—•si. upon her as •
, the evidence
defendant set little vrilw.were acquiesced in by the defendant's Counsel.
''''' because of the Preacher diiiin6ily pros..., , use he, ac- They admitted that' Admiral' Montague, 'at the
cording to Willshen's report, might,haYe had her as- time
the transaction took place, ;Pt July 1808, was
1
a set-off for his claim. With these' artd a few other 4 Commander -in Chief at, Portsmout'.4l, and specified
observations, he left his cl'ient's case with the ;
with tree extent of the jurisdietion—that deNdant's yes-
Jury, satisfied that they Would not visit him sel •;Yas, then within the Admiral's comnrand—thot\
Severity. , defendant had received a quantity of dollars on
Iserd ELLENBOROUGH agreed iii 'principle with the ; boars: to be carried to' Spain—and that he had re-
observations made by the Attorney7General, 'that. 1
t ceived 5401. Bs. front the Treasury, for tie fi-ieglit.
the plaintiff lost • •oothing by. being deprived of the., -.1.
he order' from the Lords of the Admiralty to
society of 'such a wdre4e ; but still the adultery was • Admiral Montague, directing-him to appoint a 'wee
proved, and they must find a verdid in his favour, • set for taking out the treasure, and the order.teorn
They consulted a short time, and their verdict • the Adalirsil" to Captain JanVerin werealso read and
was tut the piaintitf.—Damages 1001. admitted. •
EXPORTING GUINEAS.'

LAW REPOlif.
COURT OF KING'S 14F.NCH, GUILDHALL, Ave,

AUGUST 2.

11*ODGERDORN V. ALLMWT.

This was an aefien on a policy of insurance,
effected on the 13th of December,
1809, on thirty
chests of sugar, shied on board the V;ow Alida,
bound to Tonningen, with liberty to touch at He-
ligoland.
it appeared that the v,lssel sailed from Sheerness,
on the 16th of Deceu-h*, with convoy ; the
weather, however, being vet 'y bad, they patted con-
voy on the day of their depi..nlure; on the 22d of
December the vessel arrivedHeligoland, where
arrived at Heligoland,
took on board a pilot, gnd proceeded for
the Eider ; at the mouth of that river they were
obliged to cast 2;-,,:hor, in conser oence of the tem-
pestuous state of the weather, and nie difficulty of
the navigation ; the entrance of the Eider being
full of sand-banks, which were constaiatly shifting :
finding it impossible to go up the river, .they return-
ed to Heligoland; here they took on bo,lici another
pilot, and on the 30th of December ighey again
weighed anchor for the river Eider. The we, v her was
very favourably in the morning, but about . eleven
o'clock it began to blow very hard, with much' snow
and rain, and the pilot, not being 'able to fin d the
mouth of the Eider, advisAl the Captain, as the ves-
sel was leaky, and had received much damage in ,taer
bowsprit and sails, to enter the Elbe for preserft.
safety, and to have her, damages repaired ; this a(1-
vice was complied with, and they proceeded up the
Elbe. On the 31st the weather moderated, and bad
tie vessel, been in a condition to go to sea, they
might have returned down the Elbe : -in the attel'-
eernoon of that day, however, they were capture 4
by the Danes, and carried up to Gluckstadt : here
ttie•crew were confined separately, and treated with
greit inhumanity, to make them contess from
whence the vessel came, the Captain having ori-
ginally stated, that she was. bound.from A-Lsterdam.
Tlae men, worn .out with hunger, at length confess-
tO the truth, and, the vessel was of course condeinn-
, ed. This statement was made by the Captain and '
t :Mate of the Vrow Alida. •
1 The payment of the insurance was resisted, on
the ground that the Captain, although he origin-
ally Might have gone into the Elbe fur safety, yet,-
on the morning of the 31st of December, could
have returned to Heligoland, and pursued his ori- '
t ginal destination ; instead of which, having mis-ed
the Eider, he thought he might as well sail up the
Elbe, and vend his goods at Gluckstadt, which con-
, sutured a deviation from the original course specified
i in the policy of insurance.
! No evidence was adduced in support of the de-
feace;and the Jury returned a verdi`ct for the
plaintiff—danuges 3001.

Sir Roger Curtis, examined from the Bench, de-
posed, that when a vessel is put under an Admi-
ral's command, both the Admiral and the Captain
of the vessel receive a letter from the Admiralty,
apprising them of the circumstance; and that yes-
st'l continues under the Admiral's command, until
removed by a similar authority. He had been forty-
nine years in the navy. Being asked what was
the cuStom in the navy, as to the appointment of
money received by Captains of his Mai.sty's vessels
for freightage ?
Mr. Basis, Counsel for the defendant, observed ,'
that the evidence of usage could riot be allowed ;
because, in point of tact, no Officer had any rig} it
to demand freight—it was a mere boon, gratuitous ly
given by the King ; and this he would prove, by
documents which he held iu his hand, which he
would read to the Court. No longer than the f ith
of March, 1807, the Lords of the Treasury, under
the diredion of the Law Officers of the Crol
stated, in a correspondence with the Lords of the
Admiralty, , that " Na%al Officers,. generally, had
no right to freightage." This correspondtmce
took place in consequence of some of the King's

THE KING V. DE YOUNG.

This was an indictment against the defendant, for
it:Ding guineas at a rate beyond their intrinsic value.
-The defendant has long been suspeded of being
the medium by which a vast deal of the gold coin of
the reahn has been sent out of the kingdom, and the
prosecution was carried on by the Mint.
Persons were employed for the purpose of en-
tripping him, by purchasing st) guineas from him
at the tate ut 2i/s.. 6d. each guinea, which they did,
and he was immediately apprehended. The case
was proved. His CounCil, however, took objec-
tiuns, which are -to be argued -next' Term, and the
Jury, under his Lordship's directions, found him
Guilty, subject to the opinion of the Judges upon
the law of the case. •

COURT OF COMMON PLEAS, Atm t.

MONTAGUE V. JANVERIN.

This was an action for money had and received.

Mr. Sergeant SHEPHERD stated that this was an
thlion of very great importance to the officers of
the navy. The plaintiff was Port-Admiral at Ports-