The Sun.
London, England, 1844-08-29 00:00:00

SUMMER ASSIZES.

NORTHERN ClRCUlT.—Liverpool, Aug. 27.
CIVIL SlDE.—(Before Mr. Justice CRESSWELL.)

WOOD V. MONK.

The trial of this case was resumed this morning, and
several witnesses were examined on behalf of the de-
fendant, from whose evidence it appeared, that what-
ever might have been the conduct of the defendant, that
of the plaintiff was by no means without blame. It was
sworn that he was in the habit of beating and otherwise
grossly ill-treating his wife ; that he had been in the
habit of consorting with other women to the neglect of
his own wife, and had behaved altogether in such a man-
ner as to leave little or no hope of obtaining more than
nominal damages, if that, at the hands of the jury. The
Learned Counsel on both sides seemed to think that it
was high tune the disgusting detail was put an end to,
and the controversy was at length closed by both parties
consenting to withdraw a juror. A juror was accord-
ingly withdrawn, and no verdict given for either, each
party being left to pay his own costs.

WILLOCK V. GREEN THE YOUNGER.

This was an action to recover damages for an assault
and battery committed by the defendant upon the
plaintiff.
Mr. Roebuck and Mr. Cardell appeared for the plain-
tiff, and Mr. Martin for the defendant.

It appeared that the plaintiff was a servant in the em-
ploy of a Mr. Slingsby, and acted as a cattle-driver to
that gentleman, who, it seems, is an extensive agricul-
turist in Yorkshire. The defendant is the son of a
cattle dealer, who, on the day of the assault, had, toge-
ther with his father and the plaintiff, been at a cattle
show at Fishpool to exhibit their stock. It happened
that the defendant's father succeeded in obtaining a
prize, to the disappointment of the plaintiff. There did
not, however, appear to have been any between
them; but having afterwards adjourned to an inn, as
they were standing in the yard the plaintiff drew his
whip across the legs of the defendant's father, saying at
the same time, " Yeo up, old boy." The defendant's
father said, " Don't do that again, my legs are sore."
On which the plaintiff said, " I beg pardon, I won't."
" Then don't," said the other. Plaintiff replied, " I don't
mean to hurt you," and they shook hands, and went into
the inn and sat down at the table. Some time after the
landlord went out, and meeting the defendant said,
" Here's old Willock been whipping your father." On
which the defendant ran into the house and was about to
beat the plaintiff. One of the company said, " No, no,
you must not do that," and prevented him. On which
the defendant took up oue of two heavy metal candle-
sticks which stood on the table, and hurled it at the
plaintiff as if he had thrown it at a bullock. The candle-
stick struck the plaintiff in the face, cut his cheek and
mouth, and knocked out two of his teeth, which dropped
into his hand. His mouth bled for two or three hours,
and the next morning was so swollen that he was unable
to eat.

Mr. MARTIN addressed the jury for the defendant, and
contended that the whole of them were a rough set of
people, who could not be expected to deal as gently with
each other as men in a better state of society ; and he
believed that the plaintiff would never have stirred in
the matter if it had not been for Slingsby, who probably
was chagrined more by his cattle being beaten by the
defendant than he was by the plaintiff's teeth being
knocked out, and he hoped the jury would think very
small damages sufficient in the case.
The Learned JUDGE summed up the case, and in re•
ference to what had fallen from the Learned Counsel re-
specting the gentleness of the parties, observed that
perhaps the jury would think that—
" Who drives tame oxen should himself be tame,"
and ought not to conduct himself as if he were driving
wild bulls.

The jury consulted for a minute, and returned a ver-
dict for the plaintiff—Damages, 101.
CROWN SlDE.—(Before the LORD CHIEF BARON.)
Timothy O'Brien was indicted for cutting and wound
ing William Jones.
Mr. Cardwell was for the prosecution ; Mr. Wilkins
for t'ie defence.

The prosecutor was, it appeared, in the month of June
last, an assistant to the officer of the Borough Court of
Liverpool, and on the 11th of that month he went with
Mr. Shanahan, his superior, and some others, to execute
a writ of possession pursuant to a judgment in eject-
ment obtained against the prisoner in the Borough
Court of Liverpool. The prisoner kept a provision shop
in Charter-street, in this town. On Shanahan going
into the shop, before he could produce his warrant, he
was attacked by the assistant with an iron bar, such as
that with which they fasten shutters, and the other offi-
cers coming to his assistance, were assailed by the de-
fendant with a large knife, and driven from the shop. It
was found that several of them were wounded. The pro-
secutor had the thumb of his left hand cut clean away.
He had a frightful gash quite across the palm of his
right hand, a stab in the neck, and other injuries, He
was for some time seriously ill.
Guilty of wounding, with intent to maim and do
grievous bodily harm.—Sentence was deferred.
August 28.
The Lord Chief Baron finished the Crown business of
these assizes yesterday afternoon, and leaves for London
this morning.
The civil business will not be completed for several
days, as, at the rising of the Court last evening, there
remained for disposal no less than 24 common and 12
special jury cases. Mr. Justice Cresswell has now been
sitting nearly a fortnight.

POLICE INTELLIGENCE.
(YESTERDAY.)
MANSION-HO USE.

William Laidler, the seaman who appeared before
Sir John Pirie, on Saturday, to complain against the
supercargo of the ship John Campbell, for bloody and
desperate proceedings on the coast of Africa, appeared
before the Lord Mayor, according to his Lordship's
appointment. Sir John Pirie sat with the Lord
Mayor on this occasion. _ . .

The LORD MAYOR stated that the owner of the
John Campbell, which had not yet arrived, had re-
mitted to town an account of the depositions of Mr.
Burnley relative to the extraordinary transactions on
board that vessel, received in this country six weeks
ago. From that account, it appeared that a mutiny
had taken place; that several of the crew, of whom
Laidler was one, objected to Mr. Burnley as captain,
although the appointment was made by the owner,
upon the death of Captain Robert Nelson ; and that,
so menacing and insubordinate was the conduct of the
mutineers, that he was obliged to apply to King
Eyamba for assistance, to protect his own life and the
property of his employers. From the details of the
statement, which showed that Mr. Burnley had acted
with becoming zeal, spirit, and discretion, it appeared
that several of the crew had evinced the bloodthirsti-
ness which had been ascribed, with so much emphasis,
to that individual, and had manifested a determination
to destroy him.

Laidlewr—All that appeared in my statement was
true. We were in a dreadful condition. Wm. Burn-
ley cut short our allowance, and reduced us to great
misery, and he came down with the natives in three
canoes upon us, and committed dreadful slaughter
and bloodshed.

The LORD MAYOR---YOU knew he was your cap-
tain, by the appointment of the owner, upon the death
of Capt. Nelson. What right had you to dispute his
authority ? Laidler—Mr. Bell was the first mate,
and by right he ought to have been captain; but Mr.
Burnley thought to carry favour with the owner by
diminishing our allowance; and it was quite impos-
sible that we could work without being half fed. At
the very time that we were kept in that condition he
was sending off buckets of beef and quantities of bread
ashore to King Eyamba. The attack upon us was
dreadful. I was covered with blood.
The LORD MAYOR—Why, it appears from the
depositions that you poured hot water and fired upon
:hose who went to you on Mr. Burnley's account, to
induce you to act subordinately, and that you had
written outside the bulwarks, Blood for blood !"
And after all you said the only objection you had for
not returning to your duty was, that you would not
obey Mr. Burnley as master, but would have Mr.
Bell. You persevered in this desperate course, not-
withstanding the advice of the captains of the several
vessels on the station.

Laidler admitted that the crew knew of the ap-
pointment of Mr. Burnley to the command of the
vessel, but said they would not have him, as he had
cruelly shortened their allowance. He said the de-
positions were false in stating that any hustle measures
were taken by the crew until they were fired upon
and attacked in the most murderous way by the na-
tives in their canoes. He denied that the crew had
mutinied—they had only defended.
The LORD IIIAYOR-1t is quite evident that there
was a most dangerous mutiny on board. Here is the
representation upon which King Eyamba acted in
granting assistance to Wm. Burnley :
" Sire,—ln consequence of the mutinous state of
the crew of the ship John Campbell, J. Henry
Burnley, master of the said ship John Campbell, peti-
tion your protection and assistance by going on board
for the purpose of quelling that mutiny. Should you
fail by fair means in your attempt, I request you to
adopt any measures you most approve of to secure the
mutineers, for the safety of the ship and cargo. lam
under the necessity of resorting to these measures in
consequence of the repeated threats to me, and I know-
ing them to be welt armed. "H. BURN LEY.
" To King Eyamba."
The following representation, it appears, accom-
panied that

" Sire,—We the undersigned, serving on board the
said ship John Campbell, and finding her in a highly
mutinous state, quite concur in the necessity of the
1 above request of Captain Burnley to you, as being
the only means of protecting the ship and property,
and beg you will immediately resort to any measure
in your power to quiet the disturbance, as we have
used our endeavours, and find them utterly useless.
Signed by the English captains in the river.
" To King Eyamba."
What have you to say to these statements ?
Laidler repeated that all the crew had dine was in
defence; that they had a right to object to any man
being captain but the first mate, and that the suffer-
ings they underwent were most unmerited in every
respect.
Sir J. PIRIE—Do you deny that Mr. Sharp, the
owner, authorised Mr. Burnley to take the command
of the vessel after the captain's death ? Laidler—
No ; that's quite correct.
Sir` JOHN Pim—Then why did you dare say that
you would have another person to take the command?