Star.
London, England, 1808-03-29 00:00:00

an occasion ; and he era, sure, that if the facts spon
thi evidence were such' as he had stated to them, they
we old think that they coulditotexercise the discretion
which the law had vested in their hands, upon an oc-
cash*" wberethey: w,ould be.le,ss likely to overstep
the bounds of moderation in the damages they wnulak
give by their verdict.
Mr. Pearson, a Midshipman; on board of the Lion,
atatid; that on the sth of May last, •he was sent for
by the Second Lieutenant. He was desired to man
the jolly boat, and .tike the Plaintiff kid his luggage
and put him on board any of the Indiamen in sight.—
*The Plaintiff went into the Wax wjth. him,, but said
he had 'keit* money nor any friends iva the Indiamen,.
and he therefore conid pot fit ongip Upon this;
▪ conkietsation, the witness brought the labbt again along.]
tide the Lion, and reported what Mr. Daly had swill
to the Captain. The witness • was then commanded
by the Captain to bring the Plaintiff to the quarter-
deck. On their.arrival there, the Captain and Lieu-
tenant Peed weirf 'walking together. The Captain
then told the Rlanatiff he should leave the ship, anti
Immediately desired the. Witness to take hiqi back into
.the „MIT boat ; and if he persisted in refusing to
choose a. ship; to set him ashore on the heach of the
island of Lyn Tyn. In conformity with this order,
be was put on shore on that island. The wit-
ness
waited with him till he had loaded his pis-
litols, and at parting they both shed tears. The witness
said he wa,s not much acquainted with the island, hut
he had learned in the country that it was much fre-
quented by the Ladrones. On cross-examination, he
recollected that the Plaintiff had said to Lieutenant
Peed, ,a This is a disagreeable affair, but as I hope,
Sir, you are a Gentleman, we may hereafter meet on
shore, when I trust we shall settle the business in a
handsome manner," The witness said, Mi. Daly, as
far as he knew, always behaved well on board the
ship. He once heard him reprimanded for being off
deck on his watch, by Lieutenant Eaton, but it ap-
peared he had gone only for his great coat.
Mr. Matson, the Purser, Mr. Haly, the Master at
Arms, and Mr. Murphy, the Master of the Lion, gave
the Plaintiff a good character as an officer, and said,
they never heard of any Misconduct on his part. They
never were on the watch with him.
The 18th article of Naval Instructions was then
read, whereby a Captain is prohibited from discharging
a seaman, unless for certain causes therein specified.
Mr. Serjeant SIMPHERD then addressed the Jury on
the part of the Defendant. He said he felt more for
the charaCter of Captain Rolls,
.than for any conse-
quences which might arise from the verdict they
should give. In the course he had pursued with re-
spect to the Plaintiff, the Captain had conceived that
he was adopting the most lenient course. The con-
versation which the first witness had stated, that the
differences between the Plaintiff and Lieutenant Peed
would hereafter be settled in a handsome manner,
sheaved that the Plaintiff meant to imply a challenge,
for such expressions could not bc misunderstood
among naval and military men; and he should prove
that this was not the first time that the Plaintiff had
challenged his superior officer. This was an offence
far which, if the Plaintiff had been tried and convic-
ted, he' would have forfeited his life by the articles of
war. In the conduct Captain Rolls had pursued, the
Airy would see clearly that he was not actuated by
any personal resentment against the Plaintiff, and it
was not in his contemplation that he should be aban-
doned in the island where he desired him to be put
on shore. His object was to support the authority of
the officers of the ship, and the Captain was fully
aware that dr. Plaintiff was able immediately to get
on board any of the Indiamen ; and that his not
choosing a ship arose from his obstinacy, or he might
have gone on board one of them at first. The Learned
Serjeant insisted, with great energy, on the indispen-
sible necessity of proper subordination in a ship's crew,
and stated that harsh measures were obliged to be
resorted to, to keep the. Plaintiff in order, for he should
prove the insolent conduct of the Plaintiff to his supe-
rior of is on several occasions.
Lieutenant Peed was then called. He stated se-
veral occasions on which he considered the plaintiff's
conduct impertinent to him, by talking loud, answer-
ing insolently, and walking with his hands in his•
breeches pockets in presence of the Lieutenants. He
also swore, that Daly had said to him, before he quit-
ted the ship, that they might meet on shore, which
he understood to mean that he intended to challenge
him.
_ • _

Lieutenant Todd corroborated these facts. William
Todd, a midshipman, said he was sent with the boat
on shore, with a certificate from Lieutenant Peed,
after the plaintiff was landed. The plaintiff was on
the beach, and he desired him to go on board some
ship, for that he might be murdered and robbed of
his chest if he remained all night. He answered—
" You see, Todd, how I am situated ; I know no
Captain of an Indiaman to whom I can go, and I am
without money." The witness left him on the beach
at sun-set, without shelter. The night was stormy,
with rain, thunder, and lightning.
Captain Richardson said, he brought the plaintiff
home in his ship, arid charged nothing but for his
mess and the gunner's cabin. It might cost him 50
or 60L
k Mr. Serjeant 13EsT having replied, the jury found
a Vtrdid for the plaintiff--Damages 450 L

•

ECC.I.ESIASTIcAIs,IO4 4,CAPEMICAL PROMOTIONS.
Camsansos, Malin suri-Mrvilopirr Biekersteth and Mr. :
John White, Bachelors of Arts, of Cabs College, were last week ,
'elected Fellows of that Society.
0210 RD, Molten f..,6.—0n Monday last Mr. John Emtwick ,
wap admitted Fellow of New College.
Qv Wednesday last the appointment of the Rev. loseph-Hodg-
, kinson, M. A.aod Bellow of Braseaose College, and of the Rev.
george Leigh Crooke, and Fellow of Corpus Christi Col-
legs; as PUbllc Itiintitters, wis•approved la Cm:vocations dinithe
appointment of the Rev: Wit. Bishop, M. A. and Feline Off*
'College, as one of the Public ?re:schen.
The same day the fteveFradthean Hodgson and thee, s. Joh; •
Dareey, M.A. ,end Students in Dliinity, of Bras College,
were admitted Bachelors in t Xvinity. Mr. John' -Swiwd
B. A. of Christ Church, lvas admitted Master "of: Art.. i:sh.
Thomas Dyke Aland, Baronet; and Mr. Water Danstipart, df
Christ Church, were admitted Bachelors of Arts, • - .
. .
On Tuesday last Meurs. Wm. Abraham Shuldam, Henry I.
Thomas Carr, and' Henry Matthew -Hutchinson, Twerp
elected Scholars of University College. : • •
W. W. Moncreiff, Esq. L.L. D. of Bard College in this Unkd
!Flaky, is_appoisated the King's Advocate General at Maltil...• 4:1
• Cutaay.—Dr. Swabey and Dr. Adorns, advocates °Ellie Catiff.l
'dAlthes,have given their decided opinions upon an importagn
q,uestion respecting a curate's licence :—That every licence Bras
led too curate *terminates on the death of the incumbent who
rye tbe poniiption, that the succeeding rector may nominate
any other clergyman to the cure, and claim a greilt Masses from
the of the Dioces. •