The Sun.
London, England, 1844-05-17 00:00:00

LAlir INTELLIGENCE.
-SHERIPPS' COURT, May 16.

PENSAM V. WINTER AND OTHERS.
This was a writ of inquiry to assess the damages in
an action for an assault, brought by Mr. Jame. Pensam,
an ale and porter merchant, residing in, Portu4al. street,
Lincoln's Inn-fields, against Joseph and' Thomas Winter,
two sons of Mr. Thomas Winter, better known in the
sporting world its" Tom spring. Judgment was allowed
to go by default. The ease excited considerable in-
terest,—and the Court was crowded with sporting cha-
ractersifAnd amongst them several sporting noblemen.
Mr. C. -Jones and Mr. Charmck appeared for the
_plaintiff, and. Mr. Thomas for 'the defendants. . . -
Mr. C. JONES addressed the jury, and said that the
plaintiff hadlieen .in the habit of frequenting the Castle
Tavern, whiebTwas kept by the defendants' hither. On
the 2d of Febraary the plaintiff was there, when a dis-
pute arose on_ the subject of the.cruelty of Burke to his
poll y.. -in a race from Loudon to':Bedford. The de-
fendant, Thomas Winter, lighted ;a, candle by the gas
and singed the plaintiff's whiskers, which lie had culti-
vated with considerable care.—(Laughter.) The plaintiff
remonstrated with him, when they commenced fighting.
The defendant, Joseph Winter, came in and struck him,
knocking out one of his teeth,
Mr. John Bilton, of 1, Kings-road, Conveyancer,
knew the plaintiff and the defendants. Witness was
coming out of the house at the tinge of the affair. The
defendant, Thomas, poked the candle into the plaintiff's
face. He did not know whether he singed his whiskers.
The defendant, Joseph, came from the -bar and struck
&e plaintiff on the right side of the face, and knocked
him down. The elder one took the work out of the
younger one's hands.—(Laughter.)
Mr. THOMAS said he had a certificate to show that
the defendant Joseph was labouring under a pulmonary
disease.
Mr. C. JONES—You mean a pummelling disease.
Mr. TsomAs addressed the jury for the defence in a
speech of considerable humour, and urged the respect-
ability of Mr. Winter, and the manner his house was
conducted, and that the action was merely brought for
extortion. He then called
. Benjamin Hickman, head waiter for eleven years at
the Castle—Witness had known the plaintiff for ten
years; he had visited the house. He had several times
shown him dice-boxes, and a large piece of ivory called a
" barley roller." The plaintiff was frequently " chaffing"
the younger brother, calling him " Little Punch," " Nix
my Dolly," &c.(Laughter.) The younger defendant
was lying on the mat, and the plaintiff on him, when the
elder one went to his assistance, when a fight ensued.
The plaintiff went to witness and asked if there were any
marks on him ? Witness replied " No." On one occa-
sion the plaintiff laid a wager with Dennis, the porter,
that he would have his whiskers cut off for 1/. The
money was staked, and witness cut off one—(Laughter)
—and the defendant Joseph, the other, and the plaintiff,
won the money. They were cut off close with a bad pair
of scissors.
A number of witnests were called to prove that the
plaintiff got his living principally by gambling, and
Mr. Winter, sen., deposed that the plaintiff-was in the
habit of taking great liberties in the house, and bad been
frequently told that his custom was not wanted, and wit-
ness told him that if ls. would settle the matter he would
not give it.
Mr. Josiss replied, and
The Learned UNDER- SHERIFF having summed up, the
jury assessed the damages at 20s.—(Received with lond
applause)—which saddles each party with their own costs.

COURT OF EXCISE, May 16.
(Before HART Davis, Esq., Chairman, and Commissioners
STEPHENSON and DERBIES.)
IMPORTANT ,TO SNUFF TAKERS.—WHOLESALE ADULTE-

_l4
1,7 5 _ 5571 - _

. . .
surprised sand astoailleed that the Right. Hon, Baronet I was, that House should lie very cautious in comic:'
aouad -1138 gentlemen support „Mae in such to any conclusion regarding compensation to naval men,
a thing• What asked, was, to plow Officers because though lion. and Gallant Officers on both sides
cf sixty years of age to 'retire upan 100/. a of the House might conjointly press on the House the
plata They had now ten officers retired to Green- ' adoption of certain measures, it should be remembered
which Hospital upon 801. a year ; and he proposed that they were . not the best nor the most impartial
to increase it to 1001. a year. The Gallant Corn- judges, and that, like members of other professions, they
modore then referred to the Report of the Commis- were apt, in a strong feeling for their own, to disregard
sioners, and stated Out he read it in order that the House those principles of rational economy by which the (louse
might understand what the retired list was. It was should be governed.—(Elear.) The whole question had
' necessary that he should show the House what was been referred by the late Government to a Commision,
the lamentable state of the British navy at the present of which the following- distinguished persons were mern-
moment. The Honourable and Gallant Commodore berg—the Duke of Wellington, the Duke of
then referred to the state of the navy in 1815 and 1818. Richmond, Lord Melville, Lord Minto, Lord Howick
lie was aware that Government could not help Lord Hill, Mr. Labouchere, Sir E. Kemp, Sir Hussey
many of the evils which existed, but stilt he Vivian, Sir IL liardinge, Sir G. Cockburn, and Sir T.
thought, they ought to take some steps to put Hardy. The Commission also examined a greet number
an end to them, and bestow rewards with impar- ofnaval officers. The very question which the Hon. and
tiality. He was actually shocked when he, looked Gallant Officerhad brought underthe consideration of the
at* the returns of the- respective ages of the officers House was brought before the Commission, namely, the
of the navy. That list showed there were only two ad- policy of constituting a retired list of captains, for the
rnirals and nine vice-admirals under 70 years of age ; purpose of clearing the list of a number of officers of
twenty-fire rear-admirals under 65, and fifteen under very advanced age. The lion. and Gallant Officer had
60 years of age. Of the tvio hundred captains in that read an extract from the report of the Commissioner in
list, thirty were between 70 and 75 years; forty-eight reference to the impolicy- of continuing the retired list
between 65 and 70; sixty- one between 60 and 65 years of that class of admirals which had got the name of
of age; and fifty-one under 60 years of age; whilst the yellow ; but he had not read that part which had an
youngest was 52 years of age. In 1815 they had 831 immediate bearing on this proposal to constitute a re-
captains, the average of whose age was 36. They had tired list of captains—doubtless the omission was not
837 retired captains with an average age of 31 years intentional. The Commission said it did •not occur to
and four months. They had 812 commanders and 80 them to suggest to her Majesty the adoption of any
retired commanders, making in all 892, with an average other changes with regard to the captains pay and al-
age of 27 years and six months. They had 400 flag- lowances ; various propositions were made to them to re-
lieutenants, with an average of 23' years and seven commend the establishment of a retired list for officers
months. n 1843 they had 720 captains, and what of this rank, as well as of other ranks. The whole of
would the House believe was their average age ? At these propositions had relation to the claims arising out
the_ present moment their average age was 46 years. of seniority of service ; but as it did not appear to the
Now, if his Gallant Friend, who was made a aaptain at Commission that this change was calculated to advance
17 or 18, only got at the head of the list when he was the public interest to an extent at all commensurate to the
52, what was to become of those who were only made charge which would be entailed on the public revenue,
ceptair.s-at 56? He asked the House whether this was they refrained from offering any recommendation to her
not a "miserable state of things? He thought he had Majesty to extend the principle ef a retired list beyond
explained as clearly and as shortly as he could. the the present practice, except in the cases of mates and
present state of the navy; and he was now going to pro- commanders, This very proposition, therefore, had
pose, not a full remedy, because he knew to do so been brought under the consideration of the Commis-
would be useless. If he got the Right Hon. Baronet to sioners, and they stated that they saw no advantage in
listen to him, the Chancellor of the Exchequer would constituting a retired list. The report here the rigna-
perhaps tell him that he had no money for the purpose.' tures of Lord Minto, Lord Melville,.Sir Charles Adams,
Bet, be believed there was not one man who.had sat at and his Right Hon. Friend Sir George Cockburn. He
the Board of Admiralty for the last 20 years who had hoped that under these circumstances .the House would
not seen the danger they were in, and the necessity of not constitute itself a tribunal to decide this question;
remedying it, He did not believe there was a naval that they would recollect that the Commissioners had
officer in the House or out Of it, who was not sensible of considered the question in its comprehensive bearings,
that danger, and the Right Hon, and Gallant Officer on other branches of the naval and military services, and
who sat opposite to him (Sir George Cockburn) knew that they would not imply an opinion at variance with
that as'well as he did. He thought it most extra- that expressed by the Commissioners.—(Hear, hear.)
ordinary that the Right Hon. Baronet at-the head of hear.) In consequence of the deference due to the opt-
the Government, having bad the evils of the- system nion of the Hon, and Gallant Officer, the Treasury had
shown to him, should persist in maintaining it. given this matter the fullest consideration, and it' they
The Right Hon. Baronet afterwards proposed to allow hesitated, it was not on account of the expense, but from
thield officers to sell out and young officers to purchase a sincere conviction that the measure, if adopted, would
is under certain regulations. At the time he proposed not produce the effect which the Hon. and Gallant 061-
that, the Right lion. Gentleman stated that when be cer anticipated.—a Hear, hear.) That it would not clear
brought the matter before the Commission he had not the list of captains ; that it would positively do no good
met with Sufficient encouragement. According to the whatever except by enabling particular officers to exer-
regulations now existing, though he was sorry to say cise their discretion as to whether they would retire or
they were not carried into execution, the Admiralty not: He pronounced that the Gallant Officer would not
could not promote more than one man in three deaths. wish to make the retirement compulsory.
That patronage was entirely in the hands of the First Sir C. NAPlER—Certainly not.—(Hear, hear.)
Lord of the Admiralty, and he promoted whomsover he Sir ROBERT PEEL—Against compulsory retire-
pleased. But the Government' received many applica- ment, the strongest opinion had been expressed by Rear-
tions, and being out of office for ten years they had a Aimiral Griffiths, who said that it would involve a
great many hungry fish to provide for.—(Hear, hear, breach of engagement, and give great pain, whilst the
and laughter.) But the number of deaths was not saving would be quite insignificant.—(Hear, hear.) This
equal to the number of promotions. From 1830 to 1843 point would be brought under the consideration of the
there were 332 commanders made captains ; 535 lieute- Treasury, and it was clearly shown that the retirement
nants were made commanders ; and 939 midshipmen of 100 officers, would not be of any avail whatever, in
were made lieutenants. In 1815 there were 892 corn- clrearing the list. The retirement of 150 captains would
menders' at present there were 1,135. Those were not entail an expense upon the public of about 26,000/. If
all regular commanders, but some of them were lieute- the retirement were optional what vzottld be the effect ?
nants on 7s. a day, with the rank of commander. The Our oldest officers, the captains of 1808 and 1809 were
lieutenants were then 4,010. Now they were not those who would take advantage of the
only something more than 2,000. There was Option. Entertaining the hope that the next
something fair in this. He did not see any objec- brevet would give them the rank of admiral, it was not
tion to the selling out, and he would propose, in addition to be expected that they would retire.—(Hear, hear.)
that no officer should have any vacancy who had' not The officers who would take advantage 'of the retired
served a certain term ; that no officer should be tip- list would more probably be the captains at the bottom
pointed post captain who had not served as a corn- of the list, who despaired of ever obtaining the rank of
mender for five, years, and, that no lieutenant should be admiral.--(Hear, hear,) That, was the precise intim-
' appointed.a commander who had not served the same lion conveyed to the Treasury on the part of the Board
period. He would also propose that a midshipman of Admiralty ; and of what advantage, he asked, would
should serve the whole of .his. time before he could be a such retirement be to the public ?—(Hear, bear.) It
lieutenant., This would enable the Government to give diet appear to him to be very improvident to offer this
the vacancies to officers who had served for a consider boon, when the oldest men, who expected to at-
able time. Now, if purchase were allowed, whatewould taro the distinction of the flag, would, in all probability,
take place ? Men of fortune, of family, and of influ- reject it ,• and' when only young men who had no
ence, would press the' First Lord of the Admiralty chance of obtaining, for a considerable period, the
to promote their sons.—(Hear, hear.) It was rank of admiral were likely to accept the 11. per day on
quite natural that they should do so, and it was often the list of retired captains. It did certainly therefore
impossible to resist such applications. But the First appear to him that the advantage to be gained by the
Lord of the Admiralty would say, " I should be ex- public Vas not sufficient to compensate for the expense
tremely happy to promote your son if I could, but he Of...the retired list. If they created this list now, when
• must remain a commander for five years before I can six' or -seven yeers had elapsed, they would have to go
,make him .a post captain. If you wish to make him a through precisely the same operation for the purpose of
post captain, you may purchase after two years, other- again clearing the lise-e-(Hear, hear) Ile did hope
wise you must wait fur two. years." How would it af- that that House, having before them the opinion of the
fect the Right Hon. Baronet (Sir R. Peel) if he wished Commission, which was composed of the most eminent
to obtain a. vacancy for his son ? He was very happy men in both services, would not be induced by their rm-
. to haie it in his power to compliment the Right Hon. aural predilection in favour of naval men, or by the ad-
Baronet opposite upon the great talent of his son, who mission which must be made as to the state of the
had now,heunderstood, become a lieutenant, not through navy with respect to those who occupied the highest
the Right rion. Baronet's influence, but through having rank in the naval service, to express an opinion which
passed a very clever examination.—(Hear, hear.) In would in the least degree fetter the judgment of her
the case which he had supposed, the Right Hon. Baronet Majesty's Government. - The opinion which they enter-
would have been able to purchase one of the commissions tained on this subject was in exact conformity with that
for sale, without taking away what belonged to others or of a Commission which had been appointed for the ex
. injuring the service. Now let them look at the case of press purpose of investigating it. Nothing could be
midshipmen. Numbers, he hesitated not to say, had more painful to himself and to his Right Hon. Friend
left the service disgusted at seeing others put over their than the performance of this imperative duty of guard-
heads. If naval officers, who bad served for several ing the public purse against demands, the yielding to
year,, conducted themselves with impropriety, which would be unaccompanied with any public advan-
why let them be sent out of the service at once ; tage. , It was not to be argued that because improvident
but when they behaved in 'a proper manner, they should arrangements had been made in other cases, they should
not be treated with so much indifference and neglect.— make an improvident arrangement in the case under
(Hear, hear) With respect to the retired list, the navy consideration. He hoped the House would disregard any
was the only service under the Crown that had not a such precedents ; that they wouldcomider thequesticm on
voluntary retiring list.- The officers in the army were its abstract merits,.and above all that they would con-
' -allowed to sell but, and hence a 'certain number of pro- eider the policy of leaving questions of that nature to
motions might take place ; but in the navy, in conse- those who had to take a comprehensive view of them.
quence of the pernicious system which prevailed, officers He should say nothing whatever as to the policy of per-
were obliged to remain until they were wholly unfit for mitting the sale of commissions; that was a rrofessional
service. The marines should, at all events, hare the question, with which he had nothing to do. If he were
same justice. done them as the artillery, but they had asked what was the most effectual mode of preventing an
not. If the artillery were permitted voluntarily immense accumulation of aged officers, he would say a de-
to fall back upon the retiring list, why parture from the principle of seniority, and the selection
should not the marines ? There were captains in on the part of the Crown of officers for promotion who had
that service so aged and infirm, as to be wholly unfit for shown themselves best qualified for the public service.
duty. A remarkable instance of this occurred in Syria —(Hear, hear.) He knew that there was great jealousy
—there were 1,600 marines there, but almost all their in the profession on' that subject. He thought that
captains were unable to discharge their duties—out of seniority was, on the whole, the best principle that could
the whole number of captains, only one was able to be adopted, affording the greatest security against the
, march properly. One officer of marines was so dis- abuse of power and patronage. He believed that the
tre'ssed with the: fatigue of marching,, that he (Sir C. principle of selection from inferior ranks of the profes-
Napier)to get a donkey for him—(Great Sion of officers to exercise command would shock the
couldnot go on a quarter of an hour feelings, and perhaps the professional prejudices, of
oa gg chrt
longer, Fat
sh really
weebrlei g
toobliged
save the lives of all the men of the many men whose opinions were entitled to great weight.
division but for the donkey.—(Renewed laughter.) Let them depend upon it that the creation of the retired
hear.)
)Veorahrran. t)6ouf epa
ts ssutaasrp
votei
toieo ftbhet
there
riuen with
ngfi st 1,600 young men, fit for any list of 100 captains would do nothing whatever to clear
tofficers so aged, infirmwere'convinced , and the list. If he of the propriety of
to march with them.—(Hear, adopting the proposal, he would not be influenced by
had been no donkey--(Laughter) the consideration of ten or twenty thousand pounds a
—bow were they to have managed ? lion. Members year, but he had a firm and sincere belief that it was
might laugh,, but the fact showed the absurdity of the not a remedy for the evil in question, an evil consequent
present system. He believed the* Right Hon. Baronet upon the long duration of the war. If the House
had proposed to allow 150 captains to retire on 150/. adopted the recommendations of naval officers in Obi
a year each. Now that would amount to 15,000/. ; bUt instance, they must expect to have the same recorne
he (Sir C. Napier) did not ask so Much : all the retiring mendations with respect to marine and artillery officers.
pension which he sought for naval officers who had Each service would adduce very good reasons why
reached their sixtieth year would amount to only 10,000/. similar advantages should be extended to itself. He
Another point which he wished to press on the attentioe trusted that the Executive Government might be con
of the House was that they should go down lower on the sidered to have a due regard for the interests anti honour
retiring list. . In some instances, old commanders of the different branches of the service, and he hoped
who had been thirty or forty years in the service the House of Commons would continue to leave these
were allowed to retire upon sixpence a day. Now was matters in their hands. He hoped that they would not
this just, or fair, or becoming ? Those young men countenance the proposal of the Gallant Officer, which,
whom the Admiralty intended should , fill the post Of while it involved a considerable expense, provided, in
admirals, should be placed at once upon the Admiralty his opinion, no remedy whatever for the evils which he
list, so that in case of
_war there should be twenty or admitted the Gallant Officer had proved to exist.
thirty, or a sufficient number, of these officers in readi- Captain BERKELEY said he most fully concurred
ness to meet the exigencies of the public service. In with the Gallant Officer as to the grievances which he
the event of a war now, where were admirals to be found had brought before the House. The Right Hon. Baronet,
who would be capable of carrying on a blockade, er however, at the head of the Government, asked them to
other important hostile operations ? Why they were leave such matters to the Executive. That was alwa)
not to be found at all. At Syria, -where there the case when naval officers were under consideration.
were seventeen sail of the line, most of the —(Hear, hear.) The Right Hon. Baronet could see no
young admirals were so timorous and so nervous, great advantage in making this retired list ; but he be-
arising from their inexperience, that they could not sleep lieved that every naval man must perceive that it would
a wink at night, whilst within sight of the land.—(4 be attended with ve:y great advantage. Much was said
laugh.) It
.would surprise him very much if the House about old and experienced officers. He believed that
refused to accede to his motion., After what they had the term " old and experienced officer," was very much
heard a few nights ago from his Hon. and Learned misapplied. If a man became experienced by remaining
Friend behind him (Mr. Watson), he thought they could on the shelf, totally unemployed, there were many
hardly say that the parties whose claims he (Sir Charles officers "who were entitled to that description. It had
Napier) brought under the notice of the House were not been stated that many malshiptnen were not allowed to ,
as deservieg of consideration as those to whom his Hon, sleep when the vessel was in sight of -land. He would
and Learned Friend had alluded. Why it appeared eels, if they were called upon to blockade a lee shore on a
there were four Chancery clerks reeeiving for sine . dark night, under such circumstances, could they possi-
cures alone 28,000 L a year.—(Hear, hear.) Aad b!y he efficient ? The Right Hon. Baronet said they
when those sinecures were about to be abolished, ought not to seek good things because others had
these four clerks got a retiring pension, amounting to obtained them. Did they not regard the navy
2e,000/. a year during their life, and 11,000/. a year for as their best bulwark in time of war ? Why,
seven years after they were dead.—(Laughter, and cries- then should they make the navy the exception,
of "Hear, hear.") Another batch of these clerks, and not -give those .who belonged. to it the same option
eighteen in number, had 49,000/. a year, and they got a of retiresnentwhichavas extended to the other service?—
retiring pension of 26;000/. a year.—(Elear, hear.) The (Hear, hear.) 'The Right Hon. Baronet said it was the
Hon. Baronet theu alluded to the " patent during plea- ardent wish of every man in the navy to obtain the flag.
sure," which had been abolished by Act of Parliament, He would take his own case. He had been promoted at
and asked, was it fair that, whilst Chancery clerks te.• the end of the war in 1814, and during thirty years he
ceived those enormous sums as pensions, such paltry-corn- had- only been able to serve six years and six months,
pensation should be made to such men as Sir M. Seymour, because he had not interest enough to obtain a ship for
Sir I'. Briggs, and Sir T. Gordon, the latter of whom a longer period. He would ask what chance had he of
had nothing more than a house rent free at Greenwich obtaining the flag ? Certainly none, until he was per-
Hospital ? No distinction should. be made between the fectly incapable of performing his duty in case the flag
treatment of officers in the army and in the navy. The I were offered to him. 'He thought- that the present sys-
Hon. and Gallant Officer concluded by requesting of the tem had the effect Of setting officer against officer, and
House to agree with him in the resolution which he would allowing the appointments to be influenced solely by`
now react to them—'.a That it be a recommendation to i political motives. He felt confident that the profession
tie House that previous to the preparation of the esti- ! thought that practice was not so likely to be done as
mates for 1844 and 1845, a plan of retirement be devised things were now managed, as if commissions were
so as to render the naval service efficient, and with a totally unconnected with, and independent of, the
view to *reward old and deserving officers."—(Cheers.) various changes. of Governments. The warning given
Sir R. PEEL said lie would more especially address by the Hon, and Gallant Member for Mtsrylebone must,
the observations he was about to make to that portion sooner or later, be attended to, and he thought the
of the speech of .the Gallant Officer which had reference sooner the better; and he felt sure that the House would
to the . department over which lie (Sir R. Peel) had do wisely in acceding to his motion.
Control, and would leave those observations of the Gallant ; Sir G. COCKBURN, who was almost inaudible in
Officer which were of a technical nature to be answered the gallery, said he thought the Gallant Officer had not
by his lion. Friends collueeted with the Admiralty. He! brought this matter fairly before the gouge. The
thanked the Gallant Officer for the kind notice lie had reeture of the naval service of this country was such,
been pleased to take of the young man, his son, who had that during the time of war a vast force must
been recently promoted, not, as the Gallant Officer had be maintained, and consequently then a 'great many
observed, through his (Sir Rs Peel's) influence, but ! officers were called into service ; but durng the time of
on account of his own merits. To be so lauded;by ! peace, when a reduction must necessarily take place,
so • distinguished an- officer as the Hon. and Gallant those officers must be placed upon Ale retired or half-
Member squid wit fail of stimulating the young man ; pay list. The offipers for service, according as they may
to-pursue that line of conduct, o? the' anecess Of Avllich be reauired;''Were taken 'fl,om the list of names ; but no
the Hon. and Gallant Officer himself furnished so aril- one could for a moment suppose that all whose names
liant an example.—(Loud cheers.) The observations he, stood upon this list could be employed on active service.
Sir B. Peel, had made on a former occasion, were in no The Gallant Officer had mentioned the names of several
degree meant to disparage the services of.navatoffigers, officers, - but out-of- the number to which he h.ad.alluded . '
or to recommend to the House a too rigid economy in there were only two who had been employed in active
the consideration of their deserts, but all he meant to say ' service, and those two call?, for a couple of years. In