Star.
London, England, 1827-06-07 00:00:00

LAW INTELLIGENCE.
COURT OF KING'S BENCH, Jam 6.
AITKIN V. lIIRDWELL. _

This was an action of assault and false imprisonment.
The defendant pleaded, first, not Guilty; second, that
the plaintiff had committed the first assault ; and third,
justified the alleged assault and false imprisonment, on
the gr-und:that the was guilty-of disorderly
and mutinous conduct as a seaman on board a vessel of
which the delendant.was Captain.
The plaintiff's cast was conducted by Mr. PLATT,
-and the 'defendant's by the Axxoanar-Gentalia and
Mr. BOLLAND.
The plaintiff, who sued in forma pauperis, had been
mariner on board the ship Symmetry, of which the
defendant was Master and Commander, on a voyage
from this country to Odessa on the Black Sea. It ap-
peared, from the statement of the plaintiff's Counsel,
and proved in substance by the witnesses, that the ves-
sel sailed from this country on the Ist of March, 1825,
arrived at Constantinople, on the 28th of April, where
she discharged part of her cargo, and thence proceeded
to Odessa,' here she arrived early in June, for the pur-
pose or discharging the remainder. Whilst laying at
Odessa the Captain of another ship, named the Francis
Earnest, required the assistance of some of the crew of
the Symmetry to enable him to clear ont of port, and
accordingly the plaintiff and two other men were des-
tined for that service, and as soon as they had rendered
the required assistance, the Captain rewarded them
with some money for their trouble. With this they
bought some wine, and were regaling themselves in
,their births on board the Symmetry, when the trans.
action in question took place. At this time the ves-
sel was performing quarantine, and it seems, that by
the Russian Law, at the Part of Odessa, all lights
on bard venels in the port, are required to be ex-
tinguished by nine o'clock at night. About nine o'clock
on the night in question, namely, the 11th of June,
whilst the plaintiff and his companions were re-
galing themselves, as already mentioned, the defend-
ant came down anal told them to put out their candle,
conformably to the regulation of the port. They
replied, that when they had finished their supper, they
would do so ; shortly afterwards defendant came down
again and repeated his command, and received a similar
answer. At this time the men were singing and making
considerable noise. The defendant then took up the candle
Maisel, blew it out, spilled some of the wine, and, in
the anger of the moment, struck the plaintiff several
blows. !le then went to the forecastle, and sent the
mate on shore for a troop of Russian soldiers. The
mate soon afterwards returned with some of the mili-
tary, when the plaintiff and two other seamen were, by
the defendant's orders, taken on shore tad confined in a
dungeon until the 20th of June. In the interval, they
had no other food than a black loaf and some water,
which was given to them by the Russian soldiers. On
the 20th of Jute the plaintitLand his companions were
taken out of their prison, and in their then exhausted
state were stripped to the skin, and severally pot across
a cask, and received each one hundred lashes with a
thick rope, inflicted by the mate of the Russian guard
ship. During this cruel process the men were held by
the Russian soldiers, and it was sworn that tt.e defend-
ant was present, and that the punishnient was in-
flicted at his instance. After receiving this punish.
ment, which was described as dreadfully severe, the
'plaintiff as carried back to his prison, where he re-
mained instil the 2d July. The defendant then caused
him t.. be brought on board the ship, for the purpose
of being discharged. He offered him 41 dollars in sa-
tisfaction of the wages then due to him. The plaintiff
claimed more, but the defendant would Dot Make him
any Wither allowance, and with this money be was put
on board his Majesty's ship Alert, and forwarded to
Constaniinople, under arrest. From thence, he was sent
to Smyrna, and ultimately arrived at Bristol, where he
was so uch exhausted as to be obliged to go into
an hospital. This was an outline of the case let
the plaintiff, which was proved by one of the sea-
men, named Step ; Allwiekle, the steward and cook
of the vessel ; and John Isileson, belonging to ano-
ther ship, named the Henry William, of London. The
last mentioned witness proved that, whilst the plaintiff
and his companions were confined in the prison, he used
to thi ow them some copper money through the gratings, i
and send them some meat and bread from his own ship.
The punishment inflicted upon the plaintiff was described
as most severe, and it was proved that no medical man
was sent to dress his wounds.
The ATTORNZT GENERAL stated, on the part of the
defendant, that the case for the plaintiff had been highly
coloured and exaggerated. He proposed to prove that
the defendant had been first assaulted by the plaintiff,
who, on the occasion in question, behaved in the most
' mutinous and disorderly mapner, and refused to obey
the lawful commands of his Captain in potting out the
lights, conformably to the law of the port of Odessa.—
With respect to what took place on shore, he submitted
that the defendant was not accountable, inasmuch as the

punishment inflicted upon the plaintiff was ordered by
the Russian Authorities, who had investigated the com•
plaint against the plaintiff, and adjudged hum to undergo
_the punishment complained of, which, however severe,
would not render the defendant liable in this action.—

He was prepared to shew that the plaintiffhad violated
the Russian Quarantine Laws, in burning a light oft
board the ship, after, nine .o'clock, and had subjected
himself to punishment in the due course of legal pro-
that country.
.iles Roberts, from the office of the Russian
'eneral in this country, produced a book pur-
)ntain the law of Russia respecting Quaran-

,D Cutar JUSTICE, after some discussion
int, refused to receive this as evidence of the
issia,there being no proof that the book in ques
examined Copy of the Code of that country.
I Davis, mate of the Symmetry, was then
,ove the defendant's first special plea. He
the night in question the crew were sing-
tg, and making a great noise in the hold,
iefendant went down to desire that the lights
tt out. Shoal), afterwards witness met the
the deck, and he appealed to have been very
.-en; his eyes were bloodshot and black. Wit-
heard a great noise and disputing with th 9 Cap-
defendant told witness to go on boat ti the
lard Ship, to require assistance in stopping
of the crew. Accordingly, he went on
guard skip, and the Russian Commandant,
soldiers, came on board the Symmetry.
the defendant's order, pointed out the
and two other men named Bryley and Step,
tns who had misconducted themselves. The
ad the others were accordingly ordered on
the Commandant. On the 14th June they were

flia)ten before the British Consuls and the complain'
against then wab investigated at a place:dialled the
.Mole. Witness had been twice before at Odessa, but
'did not know what the regulations of the port were as
to putting out lights. On the day when the punishment
was infl tied upon the plaintiff, the defendant sent for
all the other men to come and witness it. Witness;
himself, was not present, but understood defendant was.
Mr. PLarr replied on the part of the pliintiff.
The Loan CHIEF Jusrion charged the Jury, that the
defendant, as Captain of the ship, had a right, for the
preservation of the discipline and good government
of his vessel, to order the plaintiff to put Gut the
lights, without arty regard to the law of the port ;
and, therefore, the conduct of the defendant on
board the vessel appeared to have been justifiable.—
With respect, however, to what took place on shore,
if that was done at the instance of the defendant, he
was answerable in the preent action, in the absence of
any legal proof that the punishment inflicted upon the
plaintiff was in the due administration of 'the law of
Russia; but if they were satisfied that the defendant
was not personally privy to that proceeding, then they
would find their verdict accordingly.
The Jury found for the defendant, upon the plea of
first assault—and for the plaintiff, as to the transaction
on shore—Damages 2.51.
OLD BAILEY, NDNIUMAY, JUNK 8.
—on— ,
Isaac Johnson C whose brother. Wis coneitted elf bek*
stealing last Session) was indicted for stealing a leans
on the 6th of May, at Stoke Newington, the gav
of Win. Heath. The case was fully proved—
' John Peters was indicted for stealing a quantity el
wearing apparel and a waich, the property of Walter
Bulkeley. The prisoner and prosecutor were fellow
lodgers.--Guilty. - •
. Avis Pope, aged 34, was indicted for stealing is' eta,
dwelling-house of Mary Wallace, a quantity of wearing
apparel, a watch, a necklace, and 64 71. 6d. in money,
the property of Mary Donoughoe and Catherine Hart.
As in the last case, the prisoner, .who is a charwoman,
and the too prosecutrixee lodged in the same ragas, at
No. 2, Sut:onlalace, Lisson-green, Marylebone, and as
the 6th Of April last she carried off the property of bet
fellow-lodgers, by getting up before them. Catherine
Hart saw the prisoner go out of the room with two
bundles tied up in aprons, and looking* out of the
window saw her turn the corner of, the street; she they
apprised the landlady of the thelt; the latter, however,
could noefind her, and she *as taken some time after
by a.coastable, in a state of intoxication. in Bryanstonor
equate, with the watch and the thimble in her pocket,
and dressed in a part of the stolen clothes.--,Guiliy.
John Haines, aged 23, and Benjamin &chitty, aged
20, were indicted for burglariously entering into the
dwelling-house of John Prince, at Hammersmith, and
*tiling a watch, value 71. and articles of jewellery
to a considerable amount. The facts of the case were,
that the prosecutor's hduse was broken into by means
a centre-bit, and the articles charged to have been stole
weve taken from the shop-window. The two prisoners,
With another not in Custody, one met on thellsinther-
smith road by the officers of police, xnd with them they
had a desperate rencolqie, and they all escaped. One
Dater was knocked down, trampled upon, and beat very
much; but the property which the man had in his pos-
session who is not yet 'taken was secured. Haines was
taken into custody a few minutes ifter his escape, and
Backstay some time afterwards. The witnesses were
positive as to the identity of the prisoners. Fur Back-
:lay an ali4i was attempted to be proved by a female ;
but when closely pressed by Mr. AtoLPHOS, she sunk
under her feelings, and remained in an hysterical fit for
some time. The Ju, yr' found hith the prisoners Guilty.
Death.—The trial occupied the Coon hearty six hotirs,

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