The Sun.
London, England, 1819-07-20 00:00:00

FABLE.

" The interest of this piece arises from the vio-
lent suspicions which attach to Ida (Miss
KELLY), an interesting female whom the Count
Valmore is about to marry, from the circum-
stance of ter being found alone with the bleeding
child of the Count. She is believed to have mur-
dered him. Concealed, she has witnessed the per-
petration of the crime, by Schwitzer, but will not
disclose the name of the assassin, because she will
not give a guilty father up to justice. She is im-
prisoned, but through the contrivance of her sup-
posed father, makes her escape. New perils
await her, and to conceal his crimes, he is about
to destroy her, but delays the execution of his
purpose, and Ida escapes to the retreat of the
King of the Beggars. Here she is pursued by her
enemy, and claimed as a maniac. The Marquis
Leone, her real father, who had returned to de-
mand Ida from Schwitzer, to whom, for particular
reasons, he has entrusted her in her infancy, has
been taught to believe her guilty. He finds her
in the Beggar's abode, and satisfied that he has
been abused, insists on her being given up to him.
The villainy of Schwitzer is now avowed ; he de-
fies the injured father, disarms him, and is about
to take .his life, but is detained by Ida for a
moment, while the Marquis escapes. Leone is pur-
sued by,'Schwitzer, but the latter failing tolover-
take him, again seeks Ida, but finds his retreat
cut off through her means, by the destruction of a
bridge. He braves the foaming torrent, and
Ida is again in his power, and about to fall a
victim to his fury, when a shot from the Marquis,
who has returned with Valnwre, and a party of
his friends, puts an end to the villain's existence,
and the piece terminates with the restoration of
the Maid of the Cottage to the arms of her fulker
ant! lover."

NESS KELLY, who performed Ida, the heroine
of the piece, was, as usual, admirable in her al►-
peal to the feelings. The character is peculiarly
fitted to her powers, and she exerts them to; the
best effect. Indeed the whole of the Performers
zealously supported this very interesting and
affecting drama. Mr. T. P. COOKE, who may
be considered as one of the best representatives
of terrific characters,' depending chiefly on action,
made a strong impression on the audience, and
the horrific qualities of his acting in Schwitzer was
agreeably relieved by the humour of IJARLEY in
the part of Jean Jaques, a Beggar King. PEAR.-
MAN, in Valmore, in acting and singing, gave
goad support to the piece, which was very warmly
rece4ved by a numerous audience, and which will,
no doubt, be very attractive. The music is very
creditable to the talents of the Composer Mr. G.
REEVES.

Yesterday at one o'clock the Princess AUGUSTA
left the Queen's Palace for Windsor.
Prince LEOPOLD visited the Duke and Duchess
of KENT yesterday, at Kensington Palace.
Yesterday Prince LEOPOLD had a numerous
dinner party at Marlborough House.
Prince ESTERHAZY paid his respects to the
PRINCE REGENT yesterday, at Carlton House.
The PRINCE REGENT appeared in the Austrian
uniform at his visit to Prince ESTERHAZY, on
Sunday,. in honour of the Emperor of AUSTRIA'S
Birth-day.
The FRENCH AMBASSADOR gave an elegant en-
tertainment yesterday to Prince ESTERHAZY, and
a large party of distinguished personages, at his
house, Portland-place.
Lady ELIZABETH MONTAGUE, second (laughter
of the Duke and Duchess of MANCHESTER,
it is said in the fashionable circles, soon give her
hand to Lient.- Colonel T. ti-re LE, of the Guards,
son of the Right lioh. HOMAS•STEELE.

,•
ORDER OF THE DAY

TO BE OBsErivrD TO-MORROW
BY THE PATRIOTS OF SMITHFIELD-MARKET.

The•ln-,Stallation to commence :as, on Cattle
Days, by the,leaders taking the stalls nearest the
Hospital with this,differenee, that they are not
to be ti.ed.,uvas usual, either by the heads or
horns. It is a day of unrestrained freedom.
To prevent uneasy recollections or anticipa,.
tions, a slight screen to be thrown across the way
leading to Newgate and the 014 Bailey, so that
they will then be kept out of sight for one day,
at least.

The Hogs will take the Sties set, apart for
them the other Cattle will occupy the several
Pens.

The more inflammatory Orators will take the ex-
tremes of the Market, so that, when lighted up at
both ends, the explosion, should it tOe place, may
he as near the centre as possible:''
As the show of black cattle is expected to be
numerous, they will he under the care of consta-
bles, to prevent them from goring each other.
The calves will occupy carts, in order that they
may be better heard and distinguished. No gin
till after the debates; this is expressly understood
as indispensible to the order of the day. No
hanging at the new drop on that day; it would be
an unseasonable interruption. No horse market,
but a plentiful skew of asses instead. Mules in
abundance.

Females not suffered to debate without proper
credentials: -None qualified who cannot .show a
black eye or a bloody nose in the cause of civil
liberty. It is hoped none will come with their
heads tied up, as 'all allusion to Newgate and
Night Caps should be avoided.
The Majesty of the People to be respected the
whole day, but nothing else. The Orators to
abuse freely and liberally all ranks above them-
selves, and to point out the propriety, and even the
.necessity, of changing places.
The words—Halter, Gibbet, Hulks, and Cords
of all sorts, to be wholly sunk by the Speakers,
not as being irrelevant, but insulting to the audi-
ence, which cannot be thought so ignorant as to
require any mention of them.

RADICAL REFORM RESOLUTIONS,
HUMBLY SUBMITTED TO THE SMITHFIELD LE-

GISLATORS.
HENRY HUNT, Esq. President.

" There shall be in England seven halfpenny
loaves sold for a penny. The three-hooped pot
shall have ten hoops, and I will make it felony
to drink small beer. All the Realm shall be in
common ; and in Cheapside shall my'paltrey go
to grass.
" There shall be no money ; all shall eat and
drink upon my score, and I will apparel them all
in one livery ; that they may agree like brothers ;
and worship me, their Lord.
" We will not leave one Lord, nor one Gentle-

man.
" I have thought upon it, it shall he so ; burn
all the records of the Realm ; my mouth shall be
the Parliament of England.
" Men shall hold of me in capile. And we
charge and command that their wives shall be as
free as heart can wish or tongue can tell.
THE GHOST OF SHAKSPEARE..

SPORTING INTELLIGENCE.

BELTING R(
ST. L

DOM, JULY 19.
EGER.
11 to 1 agst Sir Walter
12 to 1 Minus
14 to 1 Cardinal Wolsey
20 to 1 any other.

5 to 1 agst Sultan
sto I Pococuranto
Lo to 1 Lisette
Bto 1 The Laird
,0 to 1 Palwarine.

STOCKBRII)GE RACES, THURSDAY. Jurx 15.
The Members' Plate of-501. (Maiden) for all ages.—Heats the

New Course.
Mr. Hunt's ch. c. Napoleon, 3 yrs old, Est. 131 b, - 4 1 1
Mr. Hill's Sister to the Rat, a yrs old, Est. lolb. - 1 2 2
Mr. Russell's br: c. by Orville, 4 yrs old, sst. sib. - 3 3dr
Mr. King's b. c. by Sir David, 3 yrs old, Gst. 131 b. - 2 dr

FRIDAY 15.
A Sweepstakes of 15gs each, for three-yr-olds, 7st. Mb. and
four, Bst.9lb. A winner in 1 819 to carry 31b. extra. Mares
and Geldings allowed 81b. The New Course. (Four Sub-
scribers.)
Baron de Hochepied's Blue Ruin, by Camerton, 3 yrs old 1
Mr. Biggs's b. c. Agabus, by Soothsayer, 3 yrs old - 2
A Sweepstakes of lOgs each, with 20gs added for all ages.
The winner to be sold for 100 gs if demanded, &c. Heats,
the New Course.—(Four Subscribers.)
Mr. Fellowes's b. f. by Czar Peter, 4 yrs old,7st. 71b. 3 i 1
Mr. Kneller's Silver Legs, 4 yrs old, 7st. 101 b....." 1 2 2
Mr. Pryse's b. c. by Cambric. 7st. 101 b.

Miss STEPHENS does not visit Ireland this sea-
son ; she bas sailed for Leitb, having various flat-
tering invitations from the Managers of the Nor-
thern Theatres: _

The Fisguard, a fine new frigate of 40 guns,
was launched last week from the Royal Dock at
Milford. Lord CAWDOR performed the ceremony
of naming her.
A gentleman of distinction, near Exeter, bas
been held to bail in a large amount, for having
in a gust of passion caused the death of his
groom, by striking him with the butt-end of his
whip.
A Singular Occurrence, proving how easily a
Highwayman may be frightened.—Lady ST A N1.13Y,
travelling front York on Monday seitinight, ac-
commpanied by her maid-servant, was stopped by
a highwayman, whets the maid in her alarm took
up a bottle of ginger beer, and the cork flying out
made such a report, it so alarmed the highway-
man, that he instantly galloped off.—(Leeds
Paper.)
A sailor, who, according to his own acconnt,
belongs to the pOrt of H was landed on
Sunday from a packet at Falmouth, for the pur-
pose of being taken before ANDR 13W YOUNG,
Esq. the Mayor of that town, to make a vo-
luntary confession of murder. He related that,
in June, 1817, being then at Stockton, walk-
ing with MARIAN RoBINsoN, a young woman
to whom he was paying his addresses, he stabbed
her with a knife in a paroxysm of jealousy ; that
he contrived to escape, anti has been absent frorn
the country ever since ; but, unable longer to et,
rime the tortures of remorse, he now desired to
start-ider himself into the hands of justice. • Fic
has been committed to the County ttiol ti:l en-
quiries can be stinc!e itl.4;url,ton 11,0 truth of
415.srAtetoe;;;!

LAW IN FELLIGENCE.

COURT OF CHANCERY, JULY 19.

PATENT CHAINS.

BR UNTON V. HAWKES AND CO.

This was an application to the Court, for the
purpose of dissolving.an injunction obtained by
the plaintiff about the commencement of last Jour,
for the purpose of preventing the defendants flout
manufacturing a certain.description of chains,
windlasses, and anchors, used for mooring ,ships,
The patent of the plaintiff, it hail been ;then con-
tended, rendered it unlawful for other persons to
manufacture those
,articles.

Mr. WETHERELL and Mr. SHADWELL argued
at length in support of the motion. The chain-
cables manufactured by the defendants. were not
prohib,ited by the specification of the parent which
appeared to them unintelligible.
Mr. HART and Mr. GIRDLESTON spoke .against
the motion. The nature of the improvements iti
the ehain•cables, manufactured according to ,the
patent„eonsisted in. a stay which was put between
the two sides of each link, at an equi-distant.point
from both, ends, From the great stress ,which.
was occasionally made by. a strong gale, &c. oft
the cable, if not.unfrequently happened that the
sides of the links, which links were originally
rather of an eliptical form, became compressed
into close parallels,, and were consequently ren-
dered brittle, to the manifest danger of the ship.'
Captain Brown endeavoured to remedy this in-
convenience by having 'a stay put between the
sides, in order to keep tbein in their original situ-,
ations ; but his experiment was not altogether
successful, for the middle part of the stay used by
him was thicker than its ends, and, of courser
when the
.pressure came on the links, the small
points of his stays forced a passage through the
sides of the links. Aware of this inconvenience,
the plaintiff caused stays to be used in the links
tnanufactured by him, which were thick at the
ends, inserted into the sides of the links, and think
in the middle part this contrivance proved
doubly useful, for they not only supported the.
,sides of the links, but they also allowed, by their
slightness in the middle part, liberty to each con-,
fleeted link to move with ease.

. Vie LORD CHANCELLOR said, that he woulde
not express his opinion as to the validity of the:
patent, but that he would dissolve the injunction,
with liberty however to the plaintiff to make ap-
plication for its renewal, if the verdict of a Jury,
on the trial for an alleged invasion of his patent,
should establish the fact of the defendants haying
invaded it.

BEATJMONT V. BROMLEY.

This was a motion made by Mr. HEALD on
Saturday, to stay the proceedings in an action of
ejectment between the parties. The. cause of
the motion being made will appear from the fol-
lowing circumstances :—ln 1789 the uncle of the
present defendant purchased a quantity of land of
the plaintiff's ancestor, in Leicestershire, and cer-
tain rights regarding the payment of tithes ac-
companied the agreement. In 1808, an act passed.
the Legislature, for the enclosure of a common.
contiguous to the defendant's estate, the conse-
quence of which was a great improvement in. the
value of his land. Soon after, a bill was filed by
the present plaintiff, disputing the title of the de-
fendant to the rights which were supposed to be
conveyed by the agreement of 1789. This ques-
tion came on to be argued before the Vice-Chan
cellor, and his Honour had directed an ejectment
to try the right of tie parties. A motion was
now made before the Lord-Chancellor, in the na-
ture of an appeal, against this order, on the
ground that it was to the interest of neither party
that this issue should be tried.

The LORD CHANCELLOR to-day expressed his
opinion against the orde.r made by the Vice-Chan—
cellor, and said, that this c ,se involved a most
important question. Certainly this was not a.
matter in which an issue should be directed, and,
he felt hilly convinced that it would be injurioux
to the interests of both parties.

VICE-CHANCELLOR'S COURT, JULY 19,

THE MARLBOROUGH GOLD PLAT

THE EARL OF SHAFTESBURY AND OTHERS V. HIS

GRACE THE DUKE OF MARLBOROUGH AND THO-.

MAS TRIPHOOK.

Sir ARTHUR PIGGOTT stated, that the motion its.
this case stood over, that the. Noble defendant might
put in his answer, or file an affidavit, explanatory
of the circumstances relative to gold plate being
out of his possession. His Grace had that morn-
ing put in his answer ; he therefore had to request
of his Honour that he would allow the 11106011
to stand over until Wednesday.
The Vlca-CHANCELLOR—" I expected his
Grace would have filed au affidavit, making such
a disclosure as would have enabled the Noble
plaintiffs to have amended their supplementary
bill; but perhaps the answer makes -a full disclo-
sure. I cannot allow the motion to stand for
'Wednesday; 1 have never yet allowed the regu-
lar business of the Court to be broken in on. '[he
best way will be for Mr. Bell now to state the
substance of his Grace's answer."

Mr. BeLL then stated that his Grace, after ad-
miffing the rights of the parties in his answer,
admitted that there were two swords belonging to
the great Duke of Alarlborough ; that one of them
was iu the possession of Lord Churchill, and the. •
other (time diamond sword) the Noble plaintiffs
bad gained possession of, it having been- seized
under an execution by a creditor of his Grace.—
He also acknowledged Osat he had allowed the
defendant, Triphook, to remove the gold plate
in question from Blenheim, for the purposes of
raising a sum of money on it, and to have the
arms of Churchill engraved on it. That he, his
Grace, had kept, and had then in his possession,
one plate, one spoon, and one knife and fork,
being pit of the gold plume which he had kept as
patterns, and that it held been his intention to
have had the gold plate returned to Blenheim he-
tore the annivetsary of the battle of Blenheim,
when he intended to entertain his neigbbmirs, but
was prevented by the suits which had been com-
menced iu that Court against him, which restrain-
ed him from receiving the rents or cutting down
the timber of the estates, by which weans he wax
unable to pay :he persons employed on the estate,
vid man!e ii t.,:e.ccf•sary for trim to raise money; Ire

4'i"'"; that he ever authof isett ;he deienilmt,
Tryhoolt, to sell, pawn, or Mult, the gold plate,
hilt that lie told him to dept.sit thew with a 41-
wer,mith. That he believed the defendant, Trip-
had been deceived by the person whom he
had entrusted with the gold plate. That Triphook
had informed hits, that he had deposited the !dile
with a silversmith, in the neighbourhood of Lin-
coln's inn-fields, and that he had lodged it in a
binking-house, brit that his Grace was ignorant
of the names of the silversmith and banker; that
Triphook had informed. him that the silversuitth
nas gone to ‘Vales, Yorkshire, or elsewhere in
the country ; that having heard that some of the
plate was offered to be pledged hnd for sale, be
applied to Triphook on the subject, who informed
him that it was without his sanction, and that he
had taken it from the person who had so exposed
it ; and-that he (Triphook) had the gold plate
then in his possession, and that he would on a
certain da-y return it to lilenhehn, but which he
had neglected to do. lie admitted that lie had
raised the sum of 12 or 13001. on the gold plate,
but denied that he had ever ordered it to be olfa-
ed for sale to Mr. Guest or Mr. Robert Albion
Cox. Believed the gold plate was presented to
the great Duke by some foreign Potentate; &-
flied that the plate was in danger of being sold by
him ; on the contrary, he most anxiously wished
to preserve it according to the will of the Noble
Testator.

VICE..CIIANCRLLOit—" b the Defendant 'Lip-
hook a party to the stipplementary bill?
Sir A. PIGGOTT answered in the

The Vice.CitaNcp.t.tott—‘• I ant considering,
Sir Arthur, how I can reach this case. Let toe
plate, spoon, knife, and fork, admitted in the
answer to be in possession of his Grace, be de-
livered up. If the Defendant his been served
With a notice of the injunction, which I sivose
he has, I can make no further order as it respects
him until he puts in his answer. You had better,
on the facts contained in the answer of his Grac,
amend the supplementary bill, and insert in it the
clause of the will which gives the trustees the
control over these articles ; I think at present 1
can do no more ; certainly the person who is en-
tided to the rents and profits of the Marlborough
Estat6 will 'be made by this Court to repla.e
whatever articles are missing, but I cannot ItHke
at, older to that effect as tie bill is now framed.
My order then is, that his Grace shall lodge, with
the Master, or with the banker of the Earl of
Shaftesbury, the articles of gold plate which he
admits to be in his possession, and that the Plain-
tiffs amend their bill, without prejudice to the in-
junctions already granted."

COURT OF KING'S BENCH, JULY IL

ASSAULT.
THE KING V. PIKE.

This was an indictment against the defendant
for an assault upon Cliarlts Giecn.
Mr. Gurney and NI r. Adolphus conducted the
proseciiiion, and Mr. Andrews and Mr. Chitty
the defence.

The ca e, as it appeared from the evidence on
both sides, was in substance this :—The defen-
dant was floe of the Wardours of Smithfield-
market, whose duty it is to keep the passages of
the market cle,r bolo the interruption of cattle
exhibited for sale, and confine them within certain
bounds, to prevent inconvenience to foot-passen-
gers. In the mouth of October !Hist, a boy in the
market had liven employed by the owner of a
horse to rile him up and down, and in doing so
he got out of the bounds ; upon which the de-
fenant took the boy off, got up himself, and
rode off to the Green•yard. The lacy, not know-
ing the defendant's offee, cried out, " Stop
thief !" and a crowd being collected, the prose-
cutor, and another man named Beechy, both City
Constables, pursued the defendant, and came up
with hint at the gateway of the Green-yard, when
an altercation ensued, Which ended in the de-
fendant raic.ing his stick to strike Beechy a blow,
which the latter warded off. The defendant then
went into the yard, and having got off the horie,
Seized Green by the collar, Shook him violently,
and at the same time used very violent and abu-
sive language. The other officer was afterwards
handcu fie d and taken to the Ciampter.

_
The tleteuee w.is, that the prosecutor had com-
ntitted the first assault ; but the evidence adduced
*emelt to confirm the prosecutor's case.

The Jury, under the Learned Judge's directions,
found the defendant—Guilty.

THOS]PSON V. LACEY.

This action was brought against the owner of
the ;Margate Coffee-house, to recover the value
of a quantity of wearing apparel, detained by the
Defendant under the following circumstances :
Some time since, the Plaintiff, accompanied by a
person of the name of Gibbon, set up at the De-
fendant's house. They messed together, and at
their own request slept in a double-bedded room.
They retrained at the Defendant's house for three
months, at the expiration of which period, when
their hill amounted to 401. they went away, the
Plaintiff's property being left, as part security for
the debt. They staid away for three days, when
they returned again, and took up their residence
with "Mendota for a short time, after 4vhioh they
Jet; the Coffee-house all together, the 1)31
tentaiu-
iug unpaid. The Plaintiff soon afterwards sent
for his clothes, &c. tendering 251. for his portion
of the bill. The Defendant refused to give up the
property, toilets he was paid the entire hill, ob-
serving that it was all one demand. The Plaintiff
contended that he teas only liable to half the
debt, and that the 251. which he had tendered
'afore than covered what was due by hint, He
therefore brought the present action to recover
the value of the property.
The CHILFJUSTICE expressed. a doubt, whe-
diet, under these circumstances, this could he
cotr-idered other than one entire demand. The
Plaintiff must he nonsuited now—hnt tvoulrt
give le,ve to move the Court to set that nonsuit
enter a verdict for the Plaintiff, shoul)1
tl:e Court he of that his directions were
strong.—Pla int iff non4uited.

COURT OF COMMON PLEAS, 3t.71-.Y 13.

AssAuu .1.7,;1) FALSE IMPIZNONNIENT.

AMBROSE V. ANSTICE.
This wits RI) HetiOD for assnillt tti)(l false impri-
soranew, stated in the declaratiou to h*ve been

committed by the def.7ndaut, upon the plaintiff.,
ripon their voyage front India to this country.
Mr. Seijeant Iful.LoCK optned the pleadings.
Nlr. Setjetant VAUGH AN stated the case. The
plaintiff was, he said, tr- Lieutenant of the t oth re-
giment, and had served itt many campaigns in
India, front which country his Physicians found it
necessrry that he should he removed in conse-
quence of the bad state of his healtb. For this
pnrpnse he took his passage on board the !lent y
Porcher East Indianian, of which the defendant
was Captain, and having paid the sum of 1760
rupees (about 2201.) bad the privilege of abiding
in the ctrddy. Betnre the ship reached St. Helena
a dispute aro•e between the plaintiff and defen-
dant, which terminated in personal violence, and
had nearly terminated fatally," 'cite quarrel,
which w..1.,1 OCCaSiOIR:d by sonic unfortunate error
with respect to the conduct of the steward, pro-
dared a challenge from the plaintiff to the defen-
dant, nit:ch was acted upon in the island, by a
discharge of three shots from each Side. Time in-
terp.si;ion of the seconds prevented any further
experiment of skill, and the matter having been
considered amicably adjusted, the vessel advanced
upon the remainder of her voyage, which was,
ht,wever, rendered exceedingly injurious to the
11,alth and feelings of the plaintiff. A young
Gentleman named Warton, of literary, acqttire-
ments,.who was a passenger in the ship, and had
witnessed the dispute, a rote a letter, aninrad-
vt!rting upon the conduct of the attendant, but
tore it in compliance nith the request of the
phiohfl, who're enetosity would not allow any
reflection to be cast upon his kintagomst. Ihe
disposition of the defet:dant presented a most ex-
traordinary contrast, for that Gentleman degraded
himself by pirkiog up the scraps. and reading the
contents, slier tshich he interdicted the writer,
who was a charter passenger, the privilege of
walking the quarter deck. The plaintiff,
,between
whom and Mr. %%Tartu° an intimacy subsisted,
having observed that indignities were thrown
upon his friend, invited that Gentleman to his
cabin ; and this invitation gave rise to the conduct
which the witness would prove to be oppressive
and tyrannical iu the last degree, and which loud-
ly called for heavy. daniages.—The following
witnes,es were then called :

William Johnson, a sailor on board the Hem.),
Porcher, deposed, that in the month of April,
four or five days after the ship lad left St. He-
lena, he received orders from Mr. Wallace, the
I,t mate, to get a cutlass and stand sentry over
the plaintiff, whom the Captain ordered to be
confined to his cabin. Witness told the plaintiff
that be 111113( confine himself, for it he (witness)
did not obey the order he should get three dozen.
—Witness was attended by a comrade, who was
also armed with a cutlass, and bad orders to the
sante tflect. They were relieved by two others,
and the imprisonment lasted till they came to this
coast. After the plaintiff had been confined three
weeks, he was allowed to walk the decks from 7
till Sin the evenings, guarded-by a soldier. The
side on which he walked was the lee-side; the
other officers walked on the other side.

Cross-examined by Mr. Setjeant COPLEY.—
There were several other officers ou board. The
sentry who guarded hint did not walk about with
hint, fir that would he tiresome.

J. Ryan, a passenger in the Indianian, beard
the defendant give orders for the plaintiff's con-
finement. The plaintiff's cabin Was very small,
there being scarcely room to turn round in it, and
the weather was extremely hot. There was a
aperture in the cabin through which the air was
let in, but when there came on a breeze, that
aperture was necessarily closed, to prevent the sea
front beating in, and the place was in total dark-
ness. The plaintiff's confinement commenced the
Sth of April, -and on the 9th of „June, wheti the
ship arrived at Portsmouth, it terminated, the
Lieutenant havitt,,r been attended to the gangway
by his sentry, and from thence landed with the
other passengers. During the first week of the
plaimiCs confinement he had been treated very
badly his diet was sent to him in one plate—
fish, flesh, fowl, potatoes, and other articles, and
no cloth was laid for him. Before this he used
to dine with the other officers in the cuddv. At.
ter the first week, separate plates and dishes were
sent to him. Claret was allowed to the
,caddy
passengers. Plaintiff was allowed red wine, but
he could not tell of what kind.

Cross-examined by Mr. Sergeant BOSANQUET.-
Plaintiff was allowed Madeira and brandy ; a
snail complement of the former. Never knew
IJim ask for any.
A part owner (.1 the Indiaman stated, that he
understood from the thfendikili that he had re-
ceived 2201. from the plaintiff for his passage.—
It was a small price for the voyage from Bombay,
but the defendant said he had accepted the re-
duced fare in consequence of the recommendation
of a mutual friend. The defendant also said that
the plaintiff had come to this country in conse-
quence of ill health.

-
Mr. Sergeant Comm.-741e never said the
htalth had suffered by the voyage.
Mr. Sergeant VAUGHAN.—Not Per-
haps it was improved by it, the treatment was so
gentle.
A letter was then put in and read. It was from
the defendant to the plaintiff, and stated, that as
the letter had acted in defiance of orders, and in-
Sti!zAted another person to do so, he was to con-
sider himself under arrest and confined to his
cabin, front which the writer forbad him to pass.
The note was dated 7th April, 1819.
This closed the evidence for the plaintiff.
Mr. Sergeant COPLRY was surprised that his
learned brother should call this his case. The
body of evidence to be called upon the part of the
defendant would prove, that Captain Anstice was
justified in original design, though perhaps
not in continuing the imprisonment of the plain-
tiff. He dwelt upon the example which' the vio-
lent spirit of the plaintiff and Mr. Warton was
holding out to the crew, and represented the ne-
cessity that a Captain should have a great control
on hoard, in order to protect the properties and
lives of those tinder his care. The learned Coun-
sel admitted 'that the Lieutenant, Audios, was
entitled to damages, but be deckled that those
damages should be merely nominal.
J obi) Watts, an officer on board, stated, that
11 r. ton was a charter-party passenger; and
that the Captain bad given orders, on the 7th

that he !should not he allowed into the
steerage. On that day, however, the plaintiff in-
vized Mr. Weirton, saying to hint, " Follow me,
now, and let me see who will stop you." The
two Gentlemen then went into the plaintiff's
cabin, and witness reported that orders bad been.
broken to the chief officer. The crew were not
very orderly at the time.
Terence Kavanagh, steward to the Indiaman,
saw the plaintiff and Mr. Warton walk into the
steerage together.
Richard Wallace, first officer, stated that Mr.
Warton was allowed to mess with the midship-
men, through his application to the Captain, .and
in consequence of d quarrel 'requested to be al-
lowed to mess between decks, which was granted.
subsequently a message was seat by one of the
officers to him not to go into the steerage. When
the plaintiff indaced Mr. Warton to violate the
orders, two messages were sent to hint by the
Captain, but they were treated with ridicule and
coweinpt by Lieutenant Andros, %rho wrote to the
Captain, " Yon may imprison me, and deprive me
of the advantages for which you are paid ; but 1
will not be imprisoned except by force." This
witness said the diet of the plaintiff was ai good
as possible.
A letter from the plaintiff was put in, which
spoke of the ill effects the confinement had upon
his health, and requesting some mitigation of the
defendant's severity. It was then that the plain-
tiff was allowed to walk the deck upon certain
conditions, with which, however, be did not vo-
luntarily comply, and in declaring that he would
not do so, he assured the Captain that he should
have recourse to the law.

Cross-examined by Mr. Serjeant VAuGuAst.—
Plaiptiti appeared to have what other passengers
had, and what be asked for.

Scrjeant VAUGHAN.—}Iad other people meat
and nodding on the same plate ?
Witness.—l had not, nor do I believe that be
had. Mr. \Varton complained of the language in
the mess, and was at his own request removed.
The discipline of the crew was not good, bat wit-
ness did not impute that to Mr. \Vartou.

Several Officers, of high rank in -the East India
Company's service, stated, that the Captain did
not seem to be influenced by improper motives in
confining the defendant.
Lieutenant Ilabington thought indeed that Mr.
IVavton was not fit to be associated with by the
Gentlemen, because be happened to be a charter-
party passenger. Mr. Sergeant Vaughan Lad
some amusement with this witness,

The CHIEF JUSTICE summed up, and after some
severe comments upon the tyrannical conduct of
the defendant, left the case in the hands of tEe
Jury, whom he besought to consider it dispas-
sionately
The Jury immediately gave a verdict for the
plaintiff—Damages 5001.