The Sun.
London, England, 1827-10-22 00:00:00

LAW INTELLIGENCE..--(TI-IIit DAY.)

COURT OF KING'S BENCH.
(Before Lord TENTERDEN and a Special Jury.)

MANN V. OWEN AND OTHERS. C,
This an was action of trespass, in which Harris ,g
Many, purser of his Majesty's ship Persius,
plaintiff, and Sir Edward Owen, and Captains
and Knockyer, were the defendants. The eleel3riire
Lion charged the, defendants with an assault and fl"
imprisonment. • •
Mr. BROUGHAM stated the case. The plaintiff
employed ilk many years as a purser in his Majesty
v
service. His Character stood as high and unquestit°;
able as any officer in that glorious and inspoiti:
service. lifter his long services, he now came u".
fore his country to demand reparation for the injarit
done to his feelings anti his fortunes by the condo'
which had been adopted towards him. The questie°
for the Jury was one, which- rather related to t-1
em:lvvxaaatsiseti
:tpthlr,etoTft.pahreaterliniseo jurisdiction rmtihhsatoelki:e:tdli:obpfrieei:nloi
cecredlea imed by the c .
tthhwhichn
aetcrceolttvihretwimpthl:rtillitio::o:
It was well known that the purser of a ,61)
and clothing, and who had the care of the ehltij
stores. The plaintiff upon a charge connected w'j
his duty, as pucker, wits placed under arrest, t'lla
tried by a court martial, by which he was ordered t;
be cashiered, and declared incapable of servilig:b'i
Majesty in any other situation. The charge ag",";;6
Mi. Mann was, that he had fraudulently- charge"
blankets to 26 supernumeraries, and entered t11:4
charge in the.ship's books, by which he correct
his stock books. the
_question now was, when`
the the court martial had jurisdiction to punish for The
an offence as was charged upon the plaintiff. 1",
law did not allow the plaintiff to enter into the 19.'6
its of the case.; but he insisted that the offe"c,
charged on the plaintiff was not cognisable bitbe
court martial. support of this proposition, `d
Learned Counsel entered fully into the meaning 0
Feveral of the marine articles of war; and in conc os°.
admitted ,that the defendants were wholly blarne°,4
for the part they had taken in the transaction, 7,
they merely acted under the order of the Admitelti;
he contended, however,-that the defendants were ,o.
Frilly liable, as the arrest of the plaintiff was an
b
J
ust infringement of his liberty.
A Clerk from the Navy Office produced a c°,l);
of the minutes of the court martial held one
plaintiff, on board his Majesty's ship the FP
Regent.. '
sred
Mr. Rouse (Clerk of the Record Office) de•
the hand-writing of Sir E. Owen, anti the otlie'a. an,
fendants. The order was transmitted to them it'st
the Admiralty, calling on them to appoint a Prof°o,
Martial, and hold a 'court 'martial on Mr. 14glice
The court martial was held on board the tris
Regent. of
• Cross-examined--It was usual in - every case
'court martial to appoint a Provost Martial to tit
custody of the prisoner. The prisoner was AO!,
placed under arrest, and the confinement was le
or less strict, according to circumstances.
Prince Regent, -and was on board that vessel who
the Court Martial was going on. The defendil
• ie:John Chalmers stated, that he belonged to tl
were all present. The plaintiff was in clietd;
Witness, after the Court Martial concluded, et,
the plaintiff into a tender to his Maje§ty's ship retilf
sins, which was lying off the Tower. The
belonged to the Persiu.s
EN. the
ATTORNEY-GERAL briefly addresse—
Jury for the defendants, and gave in evidence 04
order of the Admiralty, signed by. Sir J. Hope, 5
Mr. Keith Douglas; then Lords of the Admiraltliot
Lord TENTHRDEN said he had no doubt t
that
before offence for which' the plaintiff was put
-before the Court Martial, was cognisable liY,ties
Court, under the 36th section of the Naval Att,ledt
which contained a sweeping clause, giving the 1-1::t,
power to try for all offences committed in the Piiig
which were not specifically named in the preceu

articles. f
Under these circumstances, the Court was °.
nion, that the plaintiff had not sustained his 00°
The -plaintiff was therefore
,non-suited.

COURTwas 0 COMMONoccupied
during
thePLEAS.
gr eater
tleale:
The Court
of the .day in trying a cause, the principal 41_110
tion in which was, whether a certain quantity of "old,
had or had not been properly stowed on ship-b°

POLICE INTELLIGENCE.--(THIS DA

A REFORMER AMOGITUCILTDniIiCALT;I;
stick
ttoxintleviklotii was
extraordinary
biniSsrauorliuyitagnle
Ettitira2ch(
aiteifrisontirilo.etna.ell:
Ifearelist
e:S_
....:Con: on I
the av h I Peat'
Light;ocupre__l:s:ol:tnol;i'dererp:l:aiisprtmojgehlesneoetelwfwt:°lltilasibil:okeilit:;!:'
" Charley, 60, Paternoeder-row. greatsttehwreeTvereilid,'becabtowliaovl
ittaast2tt
icoconlif:l;t,niaaisiih'B;:ia
joi":,lo:fakitcinoilootr
krfb
ecioe,varvitegm::::d;ulteopetiel wasnun
gsatlavl
darcyri
rtgotiee,auns,wdt
wai;i:uthh;or:x:
up, and told him. to he off; he refused, became insolent, ''
was therefore laid hold of, 00
Tim
prisoner in defence said, Sir, for the last 'elbe
„,,, 1 larva 'paid particular attention to the state O 1 ties
watch in the City of London, and having a full coovi.,c'oft
of its utter uselessness, I have now in the press, s 'on
named " The Cbarleys of the Nineteenth Centutf,biels
Half-past 12 o'Clock,' and a Cloudy Morning," /v„lete
is to show that the City of London watch is a 0°'p
humbug,--(Loud laughter.) roll
Magistrate--Into whose hands have you put Ytnif liege'
to be printed? Pearson—lnto Mr. King's, of C°
', toe
hill ; and lam going now, if your Worship will a
ils
(laughter), to correct another half sheet of it. this;
Magistrate---I must see somebody who knows soMc
I of yon, before I part with you. 01111
The prisoner was then locked up till he sent Of
person who would,vouch for his character, &c.
a 5,................................ t/
The Marquis of Londonderry is elearCii.4l/r
Mayor of Hartlepool for the year to coure..--av
Patriot. t'
40,
TITS SILX SALE.—This morning the -)1,,a,
telly sale of East India silks commenced at the Esi: . fO4
House. In consequence of the late brisk demand '''lolo'
silks of all descriptions, and the expectation that the ,of
City offered by the India Company; would bol,Picice
bought op, there Wil9 a more than usual attends Ott
brokers and merchants, at an early hour to-dsi'lteo
total quantity, to be sold is about the same as eribMl, fa,
t/'
the last tale; and consists of 2,400 bales, of Bengrcia;)
and nearly as much more of, privileged Bengal and
raw silks. The Company's Bengal was put up Ol'ap:eleo
much animation was displayed in bidding by the 0, t
to
The prices obtained up to the middle of to-day, h°l6o, 0
rather under those of last sale, varying from hog 2
117 s. 6d. per lb. The lots submitted have bees 'ottrt
very readily. The taxed price by the company ille,t
under that of the last sale, and below the pre€°tio elfte
price. It is, however, expected from the auxietY orte
purchases, that an advance in prices will bake Place.
the conclusion of the sale.