The Sun.
London, England, 1842-04-05 00:00:00

ASSIZE INTELLIGENCE.

HO ATE ClRCUlT.—Kingston, April 4.
(Before Baron GURNEY and a Special Jury.)
RANNO V. SMITH.
This was an action brought by the plaintiff to recover da-
mages from the defendant for having removed him from on
board a vessel called the Surprise, and imprisoned him in the
Island of Java. The defendant put several pleas upon the re-
cord, but Use principal one was, that the plaintiff had acted
mutinously, and that it was necessary for the protection of the
vessel that he should be sent on shore.

Mr. James and ..Mr. Lush were for the plaintiff; and Mi.
Plat! and Mr. Hance for the defendant.

The circumstances under which the action was brought
evere of rather a singular eharaeter, and involve a question of
considerable importance to all concerned in the maritime cOM-
ruerce of the country. It seems that in the month of March,
1635, a vessel called the Surprise, belonging to Messrs. Bennett,.
of Limehouse, sailed on a whaling voyage to the South Seas,
aid the plaintiff lo as a seaman, and the defendant Smith, who is
a Prussian,' was first mate; and a man named Ellis, who
seas represented to be a Spaniard, acted as second mate on
board the vessel. When the vessel had been out about nine
months, at which time she had upwards of a thousand barrels
of oil, averaling according to the terms upon which these voy-
ages are eaide, about 50/. to each of the crew, Hill, the captain
the siessel, died, and, according to his last request, the vessel
rut ;sack to a port called Bangee-Wengee, in the Island of Java,
1t orsief that his body might be busied on shore. After the
dmptain was buried, Smith, the first mate, as is the custom when
such casualties occur at sea, assumed the command of the vessel,
land he called upon the crew to sign fresh articles, and under-
take to prosecute the expedition with effect. The plaintiff
and.,five others refused to sign the articles, or to do any duty
sinless the vessel was first taken to an English port. Smith,
finding he could not induce them to sign the articles
or to do their duty, sent for some Malays, by whom
ato plaintiff and the other men who refused to sign
vvere. taken on shore, where they were contined for some
slays; and they were at length taken in custody across the
island to Sourabay, where they got a ship and returned to
England.
Tile case for the defence was, that the plaintiff and the other
linan hail acted in a mutinous manner, and witnesses were
called who proved that, after Captain Hill had died, and it was
expected that Smith would assume
.the command, that the
plaintiff expressed his intentions not to submit to his orders as
'Captain, and that be had endeavoured to induce others of the crew
to ;Issist him in preventing Smith from assuming the command.
it was, also proved that the nearest English ports to Bangee
Mope were Singapore or Sydney, and that if the vessel had
tailed to either of those places, after the death of the captain,
the !Feet would have been to frustrate the voyage.
• 'Ehe .Jury retired, and were absent for about an hour, when
th 4 returned with a verdict for the plaintiff—Damages, 40s.

POLICE INTELLIGENCE.
WORSHIP-STREET.

John Lewis, a sawyer, was charged with having conducted
himself in a disorderly manner, so as to disturb the congrega-
tion ir, St. Andrew's Church, South Conduit-street, Betbnal-
green, during the performance of Divine service, on Sundly.
From the evidence of Hayes, the sexton and pew-openel, it
appeared that during the afternoon service on the preceding
day the prisoner entered the church, and having taken a seat in
one of the vacant rews appropriated to strangers, he began to
conduct himself in a most extraordinary way, that attracted the
notice of the whole congregation. Whilst the clergyman was
delivering his discourse the prisoner repeatedly interrupted him
by callingl out " well done," " that's good," with similar: fami-
liar expressions of approbation, as if be had been in the gallery
of a theatre, and witness perceived on approaching towards him
that he wasintoxicated. On being remonstrated with upon the
impropriety ot- his behaviour, the prisoner promised not to re-
peat it, but he soon afterwards renewed his indecorous plau-
dits, and whilst the charity children were engaged in singing
a psalm, he pulled a shilling out of his pocket, and, in a stento-
rian voice, asked the clergyman to let him present it to " the
little dears," as a reward for their excellent performance. Wit-
hess then went to the door and called a policeman, who took
the prisoner into custody.
The policeman said, that on being called into the church, he
found all the congregation standing up in a state of excitement,
and the clergyman desired him to remove the prisoner, as he
had acted in a disorderly manner, and interrupted the service.
The prisoner, however, refused to withdraw, and on his at-
tempting to remove him the prisoner offered a great deal of
passive resistance, by catchinghold of the rails and back part of
the seats, but, after considerable difficulty, witness succeeded
in dragging him out by main farce, and conveyed him to the
station-house.

In answer to the charge the prisoner said that he did not
know what he was about, having partaken with some com-
panions of a quantity of ale that got into his head.
Mr. BROUG mow said he must pay a fine of 10s., or be com-
mitted for ten days to the House of Correction.
The prisoner was locked up in default of payment.