Star.
London, England, 1820-10-06 00:00:00

I ;,

_LAW )571:4-11ENCi

Ai;
COURT OF KING'S MUNCH,: OCTOMIIite 1.11
CROOK V. SIR WILLIAM 11011TIL.' .
This was au action upon the case. The.'de:ciira
tion stated, that the plaintiff having wages. Ind prize-
money due to hint-us a mariner on board his MajeSi
ty-'s ship la Mutine; the defendant, as Captain of d*
said vessel, had wrongfuly punished him, and had-
placed the letter R. against his name in the Navy
Pay-book, signifying that he had run away from the
ship, in consequence of which he was prevented from.
receiving the Wages and prize-money to which he
was entitled. The second count alleged that the de-
fendant was the cause of continuing the letter It
against the. plaintiff's nettle in the Navy Pay-book;
and the third count alleged, that he was the cause of
its continuance for the last six years. The defendant
' pleaded, first, Not Guilty ;.and secondly, the Statute
of .Limitations. •
It appeared in evidence, that in the year 1801, the
plaintiff, then a youth of 15, acted as purser's ser-
vant, on board the ship la Mutine, then stationed in
the Mediterranean, under the command of the de-
fendant, and was entitled to wages at the rate of
eight shillings per month. On boa- d the same ves-
sel was a seaman named Grimaldi, described by one
of the witnesses as a haft-bred Italian. In conse-
quence of a complaint presented to the defendant,
that an abominable intercourse had taken place be-
tween the plaintiff and Grimaldi, the parties were
brought before him, and the matter-immediately in-
vestigated. The man, Grimaldi, pleaded drunken-
ness, and the plaintiff did not attempt to deny the
charge. No Court-Martial was demanded, and the
defendant immediately ordered both the :alleged of-
fenders to be placed in irons, in which state they re-
mained until about a month afterwards, when the
ship was carried to Malta for repairs. On the morn-
ing of her arrival in,the pit, the plaintiff was ordered
to be flogged, and after receiving the punishment,
he was sent out of the ship on shore. There was no
proof that he was sent on shore by the orders .of the
defendant. •On the same day the Officers and crew
were sent on shore, in order that the ship might be
repaired. At none of the musters of the ship's corn.
patty, which took place while on shore, did the plaits-
tiff appear, and in consequence -he was reported to
the Admiralty as a runaway. It was stated that the
plaintiff was afterwards employed in the service of
an English Gentleman, travelling in Greece ; that he
then entered the service of a Polish Princess, in Italy,
and travelled with her to Hamburgh, where he took
passage for England. and arrived in this country
three or four years after the affair in question. On
applying at the Navy Pay-office for the,weges and
prize-money ,which he claimed to be due to him, he
found that the .letter R was placed against his name
in the books, and his claim, was disallowed. The
defendant at that time was not in England. Many
years elapsed, and at length he applied to Sir Tho-
mas Hardy, whom the defendant had succeeded in
the command of the vessel, who referred himao the
Lieutenant, Antin, who served on board la Mutine
at the time of this transaction. This was in 1817,et
which time the plaintiff was in great distress, with a
wile and several children, The Lieutenant having
heard his story, ss aited upon the defendant, to inter-
cede with him to use his influence at the Admiralty
to get the It taken from the plaintiff's name, repre-
senting the plaintiff's pitiable condition. The de-
fendant did not at first recollect the name and situa-
tion of the plaintiff, but his memory being refreshed
by the Lieutenant's statement, he said it was not in
his power to-serve the plaintiff in the way requested,
observing at the same time that he had then recently
applied at the Admiralty to get the It taken front the
names of tern seamen of unexceptionable character,
but he had not been able to succeed: Under these
circumstances the present action was brought. On
the cross-examination of the plaintiff's witnesses, it
appeared that, by the regulations of the Navy, 'a
Captain could discharge a boy; but not a •rnan, fOr
improper conduct on board a ship; that a Captain
might order a man to be flogged at his discretion,'
for offences not specified in the Mutiny Act; 'that in
this particular instance the defendant, in abstaining
from bringing the plaintiff to trial by Court-Martial,
by which his life would have been in•jopardy, had'
acted from motives of humanity; that had the plain.:
tiff any cause of complaint against his Captain, be'
might have appealed to Admiral Lord Keith,: who'
was at Malta at the time la Mutine put in for re-'
pairs, but that he had not done so: that there was,
nothing to prevent the praintair froth returning to the
vessel if he thought proper; and that if in factle bad
not been sent out of theathip by the Captain's orders
such was the nature of • the imputation against him,
that it would have been impossible for him to remain,
on board with any regard to the peace of the ship's
crew, and his own personal safety. -•
Mr. Justice BAYLEY was of opinion, that in no
view in which this case could be considered was the
action maintainable. In the first place,'there was
no proof that the plaintiff was ordered out of the ship
by the defendant. On the contrary, for anything
that appeared, he had voluntarily absented'hihisell
(which was certainly the wisest course for him to
pursue under the circumstances), and therefore the
Captain was bound to report him as a runaway to
the Admiralty. But, in the second place, suppoging
he had originally caused the letter R to be placed
against his name without a lawful reason, there was
nothing to take the case oast of the statute of linlitA•
tions, and to enable him to go upon the third count,
which alleged that the defendant had caused the let-
ter It to be continued against hisatame within the last!
six years ; for it appeared that the defendant had a/
coutroul over the matter; inasmuch as the continuo-
ance of it depended upon the Lords of the Admiralty.'
It appeared, therefore, to his Lordship, that the ac-
tion in all events could not be sustained in its Oreseati
form, whatever imperfections attended the merits of,
the case itself.
Mr. GURNEY elected to be called...-Nonsuited.
Sir W. Hoste, and several other Naval Officers,
were in Court during the trial. •
FU6111611 AND °MEM V. MITCHELL.
This was an action upon the case by merchants
against their broker, tot negligence.
The case was this:—'l7th plaintiffs having 296 bags;
and 15 ho` .heads of St. Domingo coffee to sell, qp;,
Ployed the defendant as theirs broker to effect the dip
posal of the commodity to the best advantage. They
defendant was furnished with samples froM the lots'
set out in the West- India Docks, according to the usual

~~'
.

A' '~

:~,'

.. .a.
%

1 t-. ' ,47,Lort • v 'di •
cuetpm !loch pr entteu wipe emu& 0. y
wards thedefendaiit refithititt note to theplah:4,
tiffs, without, however,. disclosing rho. flame of the"
purahaser. The Coffee.matket was then an thede•
cline, and in a few days subsequently the detendan•-'
wrpte a note to the plaintiffs, acquainting &Mu thit
ibisfprincipal declined taking to the cantract;'inton-'
rsequence of the coffee. nothaving been lotted a'cebtd.7,
sag to the usual male v/hich had 'obtained in' the,
West India DoCks, but nt) • objection we *vale 'that
the bulk .of the coffee did not correspoad.wids the',
samples. The plaintiffi, surprised at this proceed.
ing, immediately dernandeg the mime of the defend-'
ant's principal, in order thit the)' might have legal •
redress, but he refused to comply with their request.
In,consequence of thii, the plaintiffs were obliged t(,
resell the coffee 'at a loss of 1,325, and they now
brought their action to recover, first, a compensation
in 'damages for the refusal to disclose the manic of the
principal ' • and second; the amount of lois upon the
re:sale of the coffee.
. The defence now set up was, not that the coffee
did not correspond with the samples delivered, but
that the samples were not made up according to the
lutages of the coffee-trade.
Mr. Justice BAYLEY charged the Jury, that what-.
ever might be the usage of the market, it had nothing
to do with this question as between a merchant and
his broker. It was the duty of a broker to sell tor
his principal, and not buy for himself ; and he wa
bound to give his principal the name of the purchaser,
in order that in case of any dispute beta een the latter
and the merchant, he might be a witness fOr his prin- '
cipal, of which advantage the plaintiffs in this cast
were depriied, in consequence of the defendant re-
fusing to give up the name of the person to whom he
sold the coffee. On this ground the plaintiff? were,
at all events, entitled to a verdict, and it was for the.
Jury to say, whether they had made out chili klaim
to the other part of the demand.
The Jury immediately found for the plaintiffs—
Damages, E 39,4 15s.

ItifERCHANTS, DEALERS, SHOP-KEEPERS,
ITIL TAVERN-KEEPERS, and the Public in general, art
informed, that JOHN JONES and Co. No. 222, next door to
the White Hear, Piccadilly, have established a Shop and Ware-
houses for the Sale of Sundries, at Price, well worth the atten-
tion of Purchasers, not only in all parts of London, but in all
parts of the Kingdom, viz.

e. 41. s.- d.
Best Town-made Store Candles 8 6 per dos. or 0 tik per lb.
Moulds do. do. 10 0 010
Spermaceti du. 42 0 3 6 --
Wax do. 42 0 "--- 3 6
Yellow Soap of very first quality 78 0 per cwt. or 0 81
Mottled do. 88 0 0 91
Real American Pearl Ashes - 0 8
Good Vinegar - 2 0 per gal. sr 0 6 per qt.
Double strong do. for pickling 2 8 0 8
Good Mustard - - - . 0 2 per lb. •
Florence Oil - - 2 0 per flash.
Fine French Olives - - 1 0 per bot.
East India Rice - - 0 $ per lb.
.
Fine Poland Starch . - • - 010
Essence of Anchovies, superior .to what is • •
generally sold
Soy -
Pickles of all sorts

.
▪ ' per !to.
1 • il per jar.
0 per pint.
4 6 eath..
O . s per lb.
1 0

. .
Tarragon Vinegar - -
-•
Fine dried or pickled Neat's Tongues • ..
Small Hams - -
Butter of a superior q2ality 1 ld. and
Excellent Ginger for making Ginger Wine,
Beer, &e. , -* - - - 1 4 •
.
Black Pepper - - 4 0 --
All other Spices for Pickling and Preserving at equally low
prices. Also in the Saloon, back of the above Shop, the follow-
ing Articles are to be bought at little more than half the price
they are generally sold for ; - s. d
Oaildren's Wersted Shoes and Boots -- 0 5 per pair.
-Ditto Leather ditto, and. Boots - 1 0
Girls Mock Kid ditto • - - 1 6
Ladies' Mock Kid - • 2 0
Ditto Fancy Kid - - - -.- 2 5
'Ditto Mack Jean . ; .
- .. 2 6
Ditto Black Spanish - - 2 11
Ditto Boots - - 4 0
Excellent strong Men's Shoes • - 4 6 • - •
Gendtnatn's Shoes - - 5 6
&ro,g jockey BP4f:_•.' ..) 9, .16 6 .
-Ditto Hessians - - 13 0
Gentlemen's Cotton Net 1151eise- 0 8
•
Ditto double Cotton Nightcap* - - 0 1* each.
Excellent.lirge -UaahtelLtt .- ': -. , 5 O
..
Also a variety of Japan Waiters - . 0 5
Variety. of Tea Trays,2s. td. and upwards ; elegant Paper
Trays, &c. Sce.
Also Five liandnesi pair of Plated Candlesticks, at Ss. per
i pair;. (Me Hundred Plated Tea Pota, at 225. each; with a
Varieyy. og Plated Goods, at Prices so reasonable as will make
it well worth the atieotion of persons in all parts of the Kingdont
to visit this concern. Also a great variety of Articles sukable fot
s),e Shipping Merchant, the Wholesale an 4 Retail Dr.alers, the.
Country Shopkeepers, mei the Public in General.
•KA Joust Joaoand Co. sell all for Ready Money ;arm.
Postage of Letters ; nor send any Aiticle out of the
tiff it is paid for ; but give immediate attention to Order* vet*
remittances, and deliver Goods, when paid for, free of expense,
to any part of London, • ,

• - THE DANDY. •-• •••
AN INCIDENT LAST DONNYBROOK PAIR.
AT Donnybrook Fair, where horn Dublin's faso'd
City,
Much beauty and fashion, and mirth too resorted,
A Dandy, hii person io nets and so pretty, •
FOX so said the Jane% complacently sported;— •
And thief in his dress that no grace should be laeldna •
His Boots were Mamin'd by WAsames Jet Bincla;dg.
" By the powers r said Pat, who had faliow'd the Dandirr
And geed en his Boots, with amazement aghast,
By the powers! this fashion is novel and handy,
" And never was yet by invention surpass'd ;
" It poses my nob—arrab fait I'm an ass,
" If I know if the Boots are of leather or slats
" By your lave,"—.and he rals'd Itis sweet sprig of &Make,
Determied the Boots on attacking ;
In mimic array.hh own image so gaily,
•Oppos'd him in %ate= s Jet Blaciing—
" 14 the hockey, (said Pat), I may hit this dark qtr,
" No harm to my shadow, a bit of myself !
" So now my dent Jewel, to see what you're made of !"
He said, and the Boots of the Dandy
• Selured,-ofilnee neither meant nor afraid of, •
•
" Good luck to invention so handy,
(Said. Pat) that all other discov'ry surpasses,
o Wlawe Boots are transform'd into bright lookingilasses!"
The Beau quite sdarm'd by attack unexpected,
Demanded of Itst explanation •
" Now fait, why so much bed;ratiory"
Said Pet, since yourself has due cautich neglected,
" 'Then just to your Loots this note Labei be tacking,—
" Not Glass, but the polish of WAnaktes Jet Blackin,;."
A Shilling Pot of WA BREWS PASTE IILACKII G is egad
to Pout Shilling Bottles of Liquid Blacking.—l'repared by

ownirsoll.olnriele, ugGsvr-sinrgr:
cottirtiUttirFICERETURVS.
FOTICE is bete's.), liken to all PERSONS tylla
L in. 1039 enuipiaterl *sit Tetms of SEVEN YEA IV,'
a mdURANCR, tiksc RETURNS.of TWENTY-FIN,' E P LIZ.
CENT. ,bp ail PreSiblial paid by them during .that time, are
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rr in the Kingdom; and it is requested that such Prson. a
hay.. .
eikcted to receive their Returns in prectAbsg yens will ut-r4,
ias es sun. fort*th. kJ.T. BA KniCR I•: A 310 S: T,
1 ! Nitaging Director.

Ike
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This d y was 7uitiowavie are, pries Ms. -
4 clum IC A L :ind MEDICAL REPOILT of tbe
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