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

.~-.

LY).

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF KING'S BENCH-GUILDHALL.

BEAUMONT V. COOPER.

This was an action, brought by a working cabinet-
maker, against the defendant, who is proprietor cd', a
large cabinet warehouse in Bishopsgate-street.
In stating the case, the ATTORNEY-GENERAL Ob-;
served, that there were many secrets which it wotdd
be highly improper for professional men to 'disclose,
whilst others were of a nature which it was well
to make known to the public. Of the latter cha-
racter were what were called secrets of. trade ;
it was not, perhaps, generally known that those who
kept large furniture warehouses did not always ma-
nufacture the furniture themselves. The fact was,
that the furniture was supplied by the working ca-
binet manufacturer, whilst the proprietor of the
show-room had an enormous profit on the sale. For
every hundred pounds' worth of mahogany worked
up by the plaintiff, the defendant allowed him 101.
per cent., and retained 331. per cent. for his own
trouble ; so that for every 1001. worth of mahogany
the public paid 144/. The Learned Gentleman
was proceeding to state the ease, when he was in-
terrupted by Mr. BROUGHAM, for the defendant,
who proposed an arbitration, which was ultimately
agreed to.
Several other cases were also disposed of by re-
ference, and all the causes on the list having been
gone through before twelve o'clock,
journed. the Court ad-

COURT OF COMMON PLEAS.

LIBEL.

ilikawoon v. GREEN.
This was an
action of libel, brought by the plaintiff
against the defendant, to recover compensation in damages,
fora false and malicious libel, published of and concerning
him by the defendant. The defendant in the first instance,
pleaded the
general issue of not guilty ; and secondly,
pleaded
a justification of all the matters and things con-
tained M the alleged libel.
Mr. Sergeant TADDY stated the case. The plaintiff
was the son of a gentleman who had for many years com-
manded a merc,hant vessel, and the defendant was a Lieu-
tenant in the Royal Navy. The plaintiff's father having
determined to bring his son up to the profession in which
he had spent so many years of his own life, apprenticed him
at a very early age; .he had subsequently passed through
the regular gradations of 3d, 2d, and Ist mate, and in the
last year was appointed to the command of a vessel, em-
ployed in the transport service, by the owner Mr. Moates.
The vessel was ordered to proceed to Cork, for the pur.
pose 'of conveying troops to Jamaica. The defendant, Lieut.
Green was, unfortunately for the plaintiff, appointed to
embark in the vessel as transport agent, it being usual
on inich occasions that a naval officer should be on board, to
superintend the arrangements for giving proper accommo-
dation to the troops. From the moment the defendant
placed his foot on board of the Jupiter, he began
to interfere in the command, and to give instructions to
the
master in all, even the most' minute details ; it was
therefore but reasonable that he should participate in the
responsibility. The Jupiter arrived at Port Royal, in
Jamaica, and en the 18th February last the plaintiff re-
ceived orders to proceed to Montego Bay, and thence
L
the Leeward Passage to England. There are, as
rs iseeeral:y known, two passages, one on each side
of Cuba. On passing the west end of that Island,
the most difficult navigation that the master of a vessel
;48 to encounter... The Gulf abounds in shoals, and
:t°lll the variation in the currents, it is almost impossible
Fthe most experienced seaman to calculate with safety on
e hest course which he ought to steer. On the 25th of
hebrnary ths vssel made Cape Antono, and within a
iiclur the striucke on the Colorados, where she continued forn
this and a half. The defendant had been on deck before
nligsaceident occurred, and if he perceived any want of skill
Judgment on the part of the plaintiff, it was his
fblin(len duty to give all the assistance in his power.
:' vessel floated off the reef without g suf-
tirN any material damage. On the 28th of February
vessel came in sight of a light, which had
lately erected on the shore of the Tortugas. This
„.ightehouse had not been marked in any of the charts,
nothing could equal the perplexity in which it
4141ved both the plaintiff and the defendant—they
Were utterly ignorant of their situation. Lieutenant
Green
thought that they were near the Bahama Bank,
"nilst the plaintiff's conjecture, though not quite so erro-
liel3us, was still not - exactly correct. The Learned Ser-
geant,''after entering into a variety of details, which,
thez'ugh very interesting to the naval reader, would be
C`jeely intelligible to the public, proceeded to read the
wet which was as follows. This letter purported to be
411 account of the two accidents, and was addressed to the
irman and Committee at Lloyd's.

Jupiter Transport, No 97.—Portsmouth,
Gentlemen, 19th May, 1827. .
4 l beg leave to represent to ou the conduct of Robert
arwood, Master of the transport ship Jupiter, on her
'°Yage from Jamaica to England.
The Jupiter sailed from Port Royal, February 10th, and
" the 25th, at 6. SO., 6 A.M., she ran on shore on the
Colarado, off the west end of Cuba, where she remained
°Pe hour and a half. I beg leave to state, that as Cape
master
was seen only one hour before she struck, the
a,l,,ster insisted on steering north, or north by west, had
hauled the ship up to north-east, which, by reference to the
charts' you will perceive was steering a course directly for
the siloals. I beg also to state, that there were no lead
liuei ready in the chains, nor any orders given for sounding.
On the 28th February, from the Master's ignorance of
the navigation of the West Indies, and particularly the
Cultd o f Florida, the ship was run ashore upon a reef of
coral
erable rocksni?ff the Dry Tortugas, where she sustained con-
half an hoePry' and
n beat very violently on the rocks for
ur, whe...
ti into deep water, she floated off with the rise of the
As the Master
on, he stating at the rent
of the course the ship was
Batra Honda, or Mt ti ines that it was Cape Florida,
certain where the shif,
Ways, eve stood into anchor, to as-
in ; to th.lac°
fathoms, to let go the anaso,',2 advised him when in ten
considering it a very proper
depth to bring up
the ship would ride better in he objected, observing that
the ship struck. seven fathoms--shortly after
The
everts day, the Master, instead of ; ;
using y ertion in getting the
ship giving orders and
rous situation she was then in, beinn. out of the dange-
or engaging a pilot, as five pilot boats rwroerunded by reefs,
tis,—he had the presumption to leave th:stiFin close to
light, and go on shore, and there remain for
six floats.
at day-
six hours I hired a pilot to take the ship to the port of H., • •
where we arrived on the 3d of March. When uffrab' vanuah we fell in with his Majesty's ship, scylla, Calia-
Hobson, who took the Jupiter immediately under co
yPt•
with directions to proceed to Nassau, New Providence° ,7,',
ascertain more fully the injury she had sustained at the
port on the 11th of March.
Thus, Gentlemen, I consider it my duty to inform you
what has occurred, and also that I consider the Master
totally incompetent to take the charge of a ship, from his
great want of exPerienee—this being the first ship he ever
commanded.

I have the honour to be, Gentlemen, your most obedien
servant, GEORGE GREEN,
Lieutenant RN., and Agent for Transports,

One part of this letter was literally true, namely' - that
there were no lead lines in the chains ; but it would be
satisfactorily shown, that the lines were merely removed
to the cabin, which was on deck, where they were
placing
the within reach ; and the plaintiff's motive for
the lines in the cabin was, that the soldiers were
in the
habit of using them for hanging up their clothes, and other
purposes, whilst they were allowed to remain in the more
exposed situation. The Learned Sergeant then com-
tnented in strong terms on the nature and character of the
libel ; it was addressed to the Committee at Lloyd's, and
tide„ the Jury, by their verdict, restored the plaintiff to
his former reputation, it would operate as a bar to his fu-
tttre employment as a Master in the merchant service. No
under-writer would now insure a vessel if he knew that
l‘lr. Harwood was to command her ; and all this mischief
Ivas to be attributed to an ill feeling which subsisted in the
'Mind of Mr. Green towards the plaintiff. There had been
various bickering between them during • the voyage; hut
surely it would have been the part of an honourable mind,
I;ud still more that of a naval officer, to forget all this when
he placed his foot on shore; when in almost every instance
illalignity gave way to kindly feelings.
'qr. Bennett, Secretary to Lloyd's, was then called, and
Produced the letter containing the alleged libel. A notice had
den en Posttd up in the public Reading-room, at Lloyd's;
that such a letter had been received, and might be seen by
the
parties interested.
kr. Sergeant WILDE, for thedefendant—Has it been the
setice for officers of the navy to make communications to
Lloyd's, after the loss of vessels?
Alr. Sergeant TADDY objected to this question.
Me. Sergeant WILDE said, .that the fact of the letter
vein
sent to persons interested in the subject-matter of it,
' show the quo animo with which the ealluti3uOti9D