Star.
London, England, 1805-11-21 00:00:00

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LAW INTELLIGENCE,

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191 CORTIHUATION FROM THE PRECEDING PAGE.

LONGFIELD I'. CAMERON.
Mr. Serjeant COCICELE moved, in the prefcnt cafe,
to make ahlolute a rule, for which he moved on a
firmer day, to (hew caufe why an attachment lhotild
not Mite againß Robot Ratfay, Firft Lieutenant on
board his Majeky's (hip Mediator, for a contempt of
Court, in the refcue of James Cameron, a feaman on
bi.ard of Paid (flip, from a Sheriff's Officer, who had
aliened him for 6nl.
Mr. Serjeant SNEPHARD (hewed caufe againß the
Rule. He laid, that a writ had been (*tied out of this
Court; by Mr. Wallington, an attorney, againß Ca-
meron, a feaman on board of the Mediator, for 601
ft was directed to the Sheriff of Hampthite, and
Yates, one of his officers, was fent to execute it.—
Yates's affidavit Rated, that he had proceeded to the
Mediator, off Spithead, and called for Cameron, on
fearible pretence, and that Cameron came to
him ia the boat alonglide, when he arta ed him ;
but that Lieutenant Ratfay came to the fide, and
ordered Cameron to come immediately on board,
which he accordingly did in fpite of the officer, who
followed him up the fide ; but the Lieutenant Rood
et the gangway, 'Jelling to admit him on board,
arith his foot faired as high as the officer's face,
-"threatening to kick him over if he attempted to come
farther. He (hewed his warrant ; laid he had ar-
retied the prifoner ; and that if the officer detained
him, he mull be anfwerable for the refult. The
Lieutenant, however, refufed to furrender him, and
the officer came away without him.
The affidavit of Howell, the affiflant of Yates,
fuppoited his teßimony ; and another affidavit of a
perfon named M'Cready, proved the fervice of notice
on board the (hip. But in anfwer tM tfiefe affidavits,
Serjeant SHEPHARD produced the affidavit of Lieu-
tenant Ratfay, dating, that on the day of the ;melt,
he was on the quarter deck, with feveral of the (hip's
company, &reining fome neceffary fervice, when a
perfon came, and laid, there was fomebody in a bnat
aloogfide, who had a bundle for Cameron, and with.
ed for leave to come on board. This the Lieutenant
refufed, as contrary to the Captain's orders, againß
the admiffion of ftrangers without his leave ;—but
Cameron was told he might go down to the boat
and receive his parcel. He accordingly went for the
purpofe, and fhortly afterwards the centinel at the
gangway gave notice, that Cameron was arreßed.
Lieutenant Ratfay then called out to Cameron, and
ordered him on board, and he came, followed by a
man, who laid he had arrefled him fur 601. and molt
bring him on lhore. The man (hewed a writing,
which he Rated to be his writ. Lieutenant Ratfay
anfwered, he did not undertiand the bufinefs of writs;
he had no with to refill any legal procefs, but could
not furrender the man without the orders of his Cap •
lain, whom he told the bailiff was then at the Parade
Coffee Houfe; in Portfmouth, when he might be
feen. To him the writ might be (hewn ; and upon
receiving his orders for the purpofe, the man thould
be immediately forrendered. In the mean time he
pledged hirnfelf to be refponfible for the man's forth-
coming. The Lieutenant gave the bailiff his own
name in writing, and actually ordered the man ioto
confinement until the refult should be known. Hence
then it appeared that Lieutenant Ratfay had been
guilty of no contempt of any order of this Court, un-
lets his obedience to the command of his filmier of-
ficer, in preference to the command of a bailiff, of
wham he knew nothing, could be fo confidered. It
was hardly to be expected, that officers of the navy
Mould be very accurate lawyers. However, in the
prefent inßance, Lieutenant Ratfay had acted with
etc utmoll candour. He had told the officer he
could not (offender the man without the leave of his
Captain, confidently with his own duty. He told
him where to find his Captain : expreffed his own
readinefs to furrender the man as !bon as the Cap-
tain's orders fhottld be produced to him for that put--
pole ; promifed, in the mean time, to be anfwerable
for the fecurity of his perfon ; gave his own name in
writing, and actually ordered the feamaninto confine.
ment ; hut, betides this, the arreft itfell was of fuch a
nature, that had it taken place on (here, and the De-
fendant Cameron had applied to any of their Lord
(hips, at Chambers, he mutt have been liberated ;
for by the law which protedled feamen in the fervice
fram arrelt, it was toadied, not only that the debt
mull be above soh but it mutt appear by affidavit,
that it was contracted before the Deletdant entered
the fervice ; and the fa& muff alfo appear endor fed
on the back of the writ ; now no filch fa6t appeared,
and, therefore, the Rule ought not to be made ab-
(ohne.
• Mr. Serjeant COCKELL made no objedlion, and the
rule was difcharged.