The Sun.
London, England, 1827-10-18 00:00:00

was made. , The case would he different if it were a gra-
tuitous communication made to uninterested parties.
The Lord Chief Justice BEST had the greatest possihle
respect for the Committee of Lloyd's, as most useful servants
to the public, but was still of opinion that officers of the
navy had no right to communicate with that CoM-
mittee. If officers' in the navy were employed by the
Admiralty, they were bound to communicate with the
Admiralty, if by the Navy Board, With the Navy Board,
and his Lordship was sure that in either case the communi-
cations would be forwarded to Lloyd'ii if likely to interest
the Commercial public. They would then come before the
public in the most useful shape.

➢lr. Serjeant WILDE said that this question was looked
on with,great interest at the Adiniralty, and he believed
that communications were made with the knowledge of the
Lord High Admiral. His Lordship was clearly of opinion
that the practice furnished no defence, though it might go
in mitigation of damages.
' - -

Mr. Sergeant TADDY submitted that even in that shape
evidence could not be received, as evidence could not he
given of former libels to mitigate the damages in this ease.
• - —" - - -

After a long discussion, Lord Chief Justice BEST ex-
pressed himself of the same opinion with Mr. Sergeant
Taddy, namely, that the evidence of the practice of naval
officers could not be received in any shape. If the com-
munication were privileged the writer need not prove its
truth, but the plaintiff was bound to show in the
first instance, that the writer had abused his pri-
vilege by writing false and malicious accusations. I
am of opinion, said his Lordship, that this communication
is not privileged, and as Lieutenant Green has improperly
addressed himself to a body with which he has no connec-
tion, his letter must stand in the same condition with other
libels. Evidence cannot be offered of the practice of naval
officers, in mitigation of damages, for that would be nothing
less than regulating by the fact that others had suffered
from similar communications.

Several gentlemen who had commanded vessels in which
the plaintiff served were then called, for the purpose of
proving his skill and competency. They gave him a high
character, and deposed that the navigation in the Gulf
of Florida was most dangerous, and from the variation in
the currents and other causes, it was impossible to calcu-
late with precision the course which a vessel ought •to steer.
—The plaintiff's brother and a seaman who were
both on board of the Jupiter, proved that Lieute-
nant Green had interfered in the - navigation, and was
actually on deck at the time the accident occurred. The
former witness said that Lieutenant Green had even caused
one of the accidents, by countermanding orders which the
plaintiff had given. The seaman said that he was in the
very act of heaving the lead when the vessel struck.—
It was also proved that when the plaintiff went ashore at
the time alluded to in the libel, it was for the purpose of
procuring the assistance of "wreckers," (a description of
pilots, specially appointed to navigate vessels in the Gulf
of Florida).
The witnesses were cross-examined at great length by
Mr. Sergeant WILDE, with a view of showing that the
plaintiff ought to have steered farther from Cuba than he
had done.

A person from the Navy Board produced the written in-
structions of the defendant, from which it appeared that
he had full authority to hire a pilot, or to procure any other
assistance which he deemed necessary for the navigation of
the vessel.

Mr. Sergeant WILDE then addressed the Jury in an
animated speech, and expressed his conviction that he
would be able to prove every part of the libel.
At the conclusion of the Learned Sergeant's speech, thel
Jury were allowed to retire. On their return, the severe
witnesses were then called for the defence, and the casa had
not
.concluded when our paper went to press.

POLICE INTELLIGENCE.-(THIS DAY.)