Star.
London, England, 1827-10-19 00:00:00

were
seen, arose on three different and distinct grounds.--
The running ashore on the Coloradog the Tortugas,
and the engagement of a pilot. To the first, he said
that Mr. Green was in error, if error there was ; he was
on deck for some time before the ship struck, and if he
saw the master was guilty of any negligence or displayed
any want of knowledge, it was his duty to interfere. With
respect to the Tortugas, he also insisted-that it was Mr.,
tr.'s own fault, for bad he allowed the plaintiff to steet as
he judged proper, the vessel would never have struck;'
and with respect to the pilot, he contended that the
plaintiff • had acted better and more properly than chi
defendant? But what right had Mr. Green to maide
these complaints to the Committee at Lloyd's. He wan,
not empldyed by them. If he had complained to the Go-
vernment by whom he was employed, the plaintiff would
have had no right to complain; it was his duty to state
what he considered the competence of those to be to whom
the passage of his Majesty's troops was committed;
the defendant, however, had plumed a different course,
and chosen to attack the man who had been at sea
from the time he was twelve years of age, and to which
he looked for his future subsistence, in the very quarter
whete it would do him themost injury. The Learned
Sergeant concluded by saying that he should prove
these facts, and be would then leave it to the Jury to
say whether they did not think this was a case calling.
for very heavy damages.
Mr.• John Bennett, the Secretary to the Committee el
Subscribers at Lloyd's, produced the letter written by
Mr. Gteen, •and stated that it was received on the Slat
of May, by the regular post. A notice was stuck up in
the reading-room that such a letter had been received,
and that it might be seen by the parties interested.
Mr. Sergeant Wit.oe, in cross-examination, asked if
it was custom iry for Officers of the Navy to cornmeal's.
eate with Lloyd's.—Mr. Sergeant TADDY objected.
The-Loao Cater• Junto; said, he was of opinion
the Officers of the Navy could not communicate with
Lloyd's. The question here was, whether the defendant
bad been goiltj of a libel ? He was of opinion that the
letter was not a privileged communication. If, instead
of writing to Lloyd's, he• had written ko the Admiralty,
or to the Navy Board, it would have been no libel, as
less the plaintiff could show that the statements were
untrue and likely to 'injure him. An Officer in the
Navy was to make no communication to any except his
employers. He should therefore exclude any evidence
to chew that the publication was a - privileged onkrit
be were wrong, the Learned Sergeant could move' for a
new trial.

William Harwood—l am the plaintiff's heather, and
know the defendant. This letter is his handwriting.
The letter was thentput in and read ; if was dated'
the 19th of ay, 1821
The era nation of the witness was then continued.
I was a mate on boar"he Jupiter. She sailed from
Deptford in November, 1826, and went' to Cork, and
from thence to Jamaka. She went for the purpose of
carrying out troops. She afterwards sailed homewards
to England, having troops also on board. My brother
was the Commander.
Mr. Robert Hat wood.—l am the father of the plain-
tiff, and was formerly a Captain in the merchant service,
bat am now retired. I brought my son up to the service
of the sea. He served with me foe some time, and after-
wards in different ships, under different masters, for
seven years. In 1825, he was appointed chief mite of
the Arab, in a voyage to the West ladies. This was
the third voyage he had made there as an officer. He
was appointed to the command of the Jupiter in 1896,
by Mr. Moats, the nastier. As far as I can judge, he has
bad a regular seaman's eduction. He is* years of age
Capt. Shepherd.—l commanded the Fortitude in 1814
and 1815. The plaintiff was on board with me as an
apprentice. He served also on board the James Dunlop,
as third mate, to St. Kitt's. I consider him quite com-
petent to the cosumand of a vessel to the nest Indies
and back again.
By she LORD Cater Justice—l have commanded
in the transport service. Government does not inquire
into the competence of any commander.
Captain Cousins—l have been for 30 years in the set-
vice, and commanded the Globe. The plaintiff was
second officer under me. He had the charge of the
watch, Which we consider a very confidential situation.
Captain Lone, who commanded the Arab, spoke to
the competency of the plaintiff as a seaman.
• Captain Turner—l have been in the habit of com-
manding merchant vessels, and have passed through
theffiult of Florida SO times. It is a very dangerous
flavigati ,n, and is full of reefs and shoals. The varia-
tions of the current are very great, and cannot be cal.
culated or. Vessels very frequently get on shore on
the Tortugas. No experience can protect a man from
the dangers which frequently beset him in that bay.
C oss-ex amined—l t is tire course Of merchant vessels
when doubling Cape Antonio, to stretch more or less
to the north. In the chart it is laid down that you
should stretch 90 milei to the north, and it is customary
to do so. That, however, is on the presumption that
the wind is to the eastward, and that east winds are
prevailing. A prudent man would generally steer that
course; some go nearer the land. I have never been
in the transport service.
Re-esamined—The currents vary not only in the di-
section but in rapidity, and are widow alike two years
running.
By the Count —The safest course is to go north. 1r
is only under particular circumstances that you go to
the eastward.

Captain Lacy—l have been 30 times through the
Gull of Florida, and have been on ►here on this Torus-
gai. The current was then north north•west. I have
since gone that same COMM!. and seen no land at all.
By ihe Cougr—l should ge as near mid channel as
possible. •
. _

Captain Blake had been 17 times through the Gulf,
and commanded the Pigot at the time she was lost,
which was in consequence of currents fur which he
could not account. I think the circumstance of running
ashore is no imputation on the chat acter of the plaintiff.
• Captain Blyd had been 20 years in the merchant
service, and knew the Colorado' reef; there were many
currents set right upon it.
William Harwood recalled—ln the course of the
voyage, Mr. Green frequently gave my brother orders.
He sailed with u, out and home. My brother generally
obeyed his orders. He did not always gist a written
order. The •hip sailed from Jamaica in February, 1827.
• Ostia., s were as usual given by Mr. Greet). This is his
hand-writing. (One of Mr. Green's orders was then
put in and read.) I have heard Gnat say that he had

A It sounding.—
strAs This ' previous to the ship's itriking. When the
ship Mr. Greed made no complaint of my brother
having a blunder. She was got off again without
daniag We then steered to the northward, rewards thj
gulf, as neat the wind as we could, it being tent.
and in three days came in sight of a light houhieb
appeared to theleeward. Green said the ship must bey*
the Bahia, Honda. or Bahama bank. This occurred its
the afternoon. My brother said, he thought we were ea
the Florida side. 'the light house was not marked in"
the chart. The wind was still east. My brotl.er or•
defied the ship to be'in stays, that would have thrown,
her in a south-east direction. Greek however, Ordered
the main sheets 'eti be hauled aft. This put the ship
in a north-w9st dttection, and in three or four hours
after she drove on shore: Soundings were taken lot-
two or three hours before she struck, but at first no
bottom was fottnd. It then came to 11 fathoms, and
then again there was no bottom. When 11 fathom"
mere found, all sails were taken in, for the purple,
of anchoring, and preparations were made to let le
the anchor. It was let'go, and -it and the ship sued
ground at the same moment. Mlle ship was is five, fir,
thorns just before she struck. During this time G reels'
never said where we were. If the vessel had been pit'
in the course which my brother ordered, she could ne.,
ver have gone on this reef. S'.'e remained aground
about an hoof. and came off by herself. We then got
her stern anchor out, and laid at anchor all night. Myl
brother left the vessel next morning at day-light, and
returned about half.past eight o'clock, bringing two
persons with him—one belonging to the lighthouse,
at/ the other a wrecker. The wreckers are employed
by the Florida Government as licensed pilots. It was
day-fight between five and six. Mr. Green left the
vessel about the same time, and returned in about half
an hour, bringing with him the master of a fishing fres.
sel. My brother advised him not to run the vessel to
the expense he was about to do ; but Green insistea on
the fisherman taking the vessel to the Havannah. He
paid him 100 dollars; the wrecker would have gone
for forty.

Cross-examined—We had less than 100 troops on
board; there were several officers, Captain Kyle and
Lieutenant Kinnaird of the army ; these was also Lied.
Ruston of the navy, who was an invalid, and tiro ca•
ceis ladies; I never head my brother say he would
receive no, orders, except in writing. lam not aware
rhit-the -master of a transport has written instructions;
I dotitleollect altering the course to the eastward be-
fore isre-struck; soundings were ant taken before the
vessel itruet on the Colorados; the Tortugas is on the
oppoiit.e side of the Gulf; the whole ("he officer:were
on deck when she struck on the 'flirtusits; Green give
the order to alter the Bourse befOre onhOse
who were on the qvarter-deck ; my broiher did 'not
then ask for a written order ; I did not.hear my brother
ask Green's consent to let the vessel lay till we hid
ascertained what coast she was on ; I did not hear
Green give an order to let go the anchor when she
came into 11 fathoms; I was within three yards of him;
we afterwards fell in with his MAjesty's .ship &Oki
Captain Hobson ; a Lieutenant from the Scylla come
mended the Jupiter from that time till she arrived at
Havannah ; my brother then resumed the command,
and brought her to England, where she was repaired.
Re-examined—Mr. Green went on board the Scylla.
I don't know what he might have said to Capt. Hobson,
James Grant and George Walter Sweeting confirmed'
the evidence of this witness.

Mr. Smith, from the Navy Office, produced the book
of instructions issued to Lieutenant Green. In the eighth
instruction a superintendent was directed, previous to
the sailing of any transport, to get information of the
knowledge of the Captain.
Several letters that had passed between the plaintiff
and defendant were then put in and read; they merely
related to the written orders.

The warrant of the appointment of Lieutenant Green
as an agent to the transport service was then put in and
read. It was clAted May,1824. The order to hoist his
pendant on hoard the Jupiter aas also read.
Captain Blake tecalled, said he should prefer wreckers
to fishermen. The piloting of vessels was their sole
profession. These was a Clumber of Commerce formed
on the shore, which punished any wrecker who ran a
ship into danger from ignorance or want of caution.
This was the plaintiff's case.

Mr. Sergeant WILDE, with whom was Mr. Horan*.
SON, addressed the Jury for the defendant. He com-
mented on the plaintiff's case at great length, arguing
that it was inconsistent in itself, and appeared through-
out to be crowded with improbabilities. He would,
honever, call witnesses, who he had not the slightest
doubt would refute the whole, or at any rate so much
of it as would coovince the Jury that very trifling da-
mages would be sufficient to compensate the plaintiff
(or the supposed injury he had sustained. '
The Learned Sergeant then called the following
witnesses:
Li, ut. Easton.—l am a Lieutenant in the Nasty, grid
was a passenger on board the Jupiter from Jamaica to
England, the beginning of this year. We left Port
Royal on the 16th of Febrtirry. Oa the 25th of Feb.
the ship ran ashore on the Colorados, about half-past
sir. Cape Antonio had been seen about an hour and
a half previous. Our course, after losing sight of
Cape Antonio, was N.N.E. that was not a safe and
proper course at that time ; it led us up edging the
shoals. She ate, wards got higher than N.E. I should
not have gone to the eastwad of north, as night was
approaching. White talking to the plaintiff on deck, 1
observed that the water was discoloured ; he then gave
orders to get out the lines, and in five minutes after
the ship struck. She remained on the rocks about ao
hour and a half, until eight o'clock. There was nothing
to have prevented his keeping more to the northward
or westward; there was a fair wind. In such dangerous
shoals, it is always the custom to keep sounding. A
careful and skilful person would have directed them to
be made. On the 28th of February we ran ashore on
the dry Tortugas ; it was about nine o'clock at night.
She did nct remain there more than half an hour:
Doting that time she beat very violently on rocks. The
tide carried her off. I saw her afterwards at Nassau;
-he had a large hole in her. The pumps were resorted
lo every two or four hours, until we arrived at Nas.
sac. There was nothing in the weather at the
time to force us on those rocks. Before ere struck, I
heard the plaintiff say he thought the land was Cape
Florida, and at another time, that it was the Martyrs,
or Bay Honda. nese places are situated about 300
miles from' the plate that we actually were in. We

10 fathoms, the defendant said, " Mr. Harwood, we
had better anchor here." He replied,. " The ship will
ride better in seven fathoms. He did not anchor, and
in about half an hour after she struck. She was sail-
ing under easy sail. In my opinion, nothing under
ten fathoms, in such seas, could be proper to anchor
in. It was improper to go is nearer. The next
,morning reefs were visible all round her. Several
boats came out with a view of rendering assistance.
One of them was a wrecker. and the other fishing
boats. The plaintiff went on shore that morning
about daylight ; before going ashore he had made no
endeavour to get the ship out of the situation she was
then in ; it was about eleven o'clock when he left the
shore, having been absent from the ship for about sis
bouts. In the meantime Mr. Green got a pilot. It most
have been about nine o'clock. The plaintiff bough
on board some cot al and fish. Ido not know how h.
obtained them, The coral may be got up with a boat
hook. The afternoon previous to the vessel's striking
the plaintiff and one of the mates was rather drunk. It
he had exercised cOmpeteat skill and judgment, the
vessel would not have struck.. If it had come to blow,
we should all have been lost' We arrived at Hillmans's
on the 3d of March. From what I saw of the plaintiffs
conduct, I do not consider he acted with judgment ; far
from it. He did not appear sufficiently acquainted
with navigation to conduct the ship.
Cross-examined—l was the nsessmate of L'eutenant
Green ; I generally messed with him. I mean to swear
that the plaintiff was a little in liquor ; not sufficiently
so to affect his judgment. It was ors Sunday when we
passed Cape Antonio. It was usual for the defendant
to come on deck after dinner; be did on that day. It
was after ter that the ship struck. He generally re-
mained on deck half an hour or more before tea. We
generally dined about two or three. He was not on
deck at the moment the ship struck; he came on deck
as soon as she struck. • I know nothing about the log.
This order is the defendant's hand-writing. I don't
kniw wheker he examined the log every day at one
o'clock. The log is kept is thejaate's cabin; I never
saw it on the binnacle; the slate was on the bin.
nacle. I never went into the mates cabin; I consider it
perfectly private. The compass was always on deck.
and that will tell what is the ship's course. I should
have gone more to the north; I have never been this
voyage. I beard Mr. Green say he had been once
through before. When we were on the Tortugas, I did
not hear the defendant say that he thought they were
oft the Bahama bask. I was on the deck when the ship
was ordered to be tacked ar.d put into stays; I did net
bear him give any order to haul the sheets aft. tlas
sailors generally have their breakfast at or about eight
o'clock. Captain Kyle went on shore that day, and
re*aiaed about an hoar.

LieutenantlienyOn(.; Lieutenant in the army) wat
a passenger from Montego 8.4 y, on board the Jupiter.
His evidence was confirmatory of the proceeding.
Lieut. Easton re-callet —I never knew the defendant
assume any control over the management of the ship.
Crptain Selkrigg described the general dangers of
the navigation round the Colorado' as the former wit•
nesses had done, but said it was not usual to have the
lead lines in the chains, unless approaching towards
danger. In such navigation be would not anchor in
lets than 10 fathoms.

• Captain Neville, of the merchant service, and Captain
Mizell, a sailing master in the nary, would neither
hare anchored in less than 10 fathoms.
This was the defendant's case.

William Harwood recalled—The mate's name is
Richard Hayward. I did not see that either he or my
brother were at all in liquor on the occasion of the ship's
going ashore.
James Brant—l never saw the Captain the least
affected by liquor in my life.
T. Sweeting never saw him in the least tipsy.
Mr. Sergeant WILDS replied to this evidence, and
Mr. Sergeant 'FADDY replied to the whole case.
The LORD Cuts, Juavice, in summing up, re.
marked upon the evidence that had been given on
both sides, and informed the Jury that if they thought
the defendant had proved the truth of all the assertions
he had made, their verdict must be for him ; and even
if they thought he had proved any part of it, they would
not be able to give large damages against him. He
begged to observe that thiscase diffetedaerymeerially
from the general class of libels. It was not fublisked
to the whole world in such .a manner as 6o gratify idle
curiosity. This circuamsance the Jury would take into
their consideratiow, for it would act in mitigation of
damages, if they should feel disposed to give any. He
had said that if any part were proved, it would lessen
the damages, and it was no more than just that it
should be so; for persons might well complain of
the law of libel, if it were necessary to make out the
truth of the libel in terms; but that is not the case. it
is sufficient to make it out in substance. His Lordship
,concluded by saying that he did not consider the libel
was likely to prove so injurious to the plaintiff as had
been stated; he might take a lesson from it, and become
a more excellent master in future. The question the
Jury had to decide was, whose witnesses were diost
worthy of belief ? If the defendant's, then their verdict
would be for him; if, on the contrary, they preferred
the plaintiff's, then their verdict would be for him.
The Jury retired for a short time, and returned a
verdict for the plaintiff—Damages 504

SESSIONS FOR THE LlBEltilf OF THE TOWER.
Yesterday these Sessions were held before Mr. BAL.
LANTINC (Chairman), and a Bench of Magistrates. A
Grand Jury being sworn, presented several disorderly
houses; and the Chairman said he would give directions
to the Clerk of the Peace to have them indicted. I

A Petition was presented from Messrs. Carruthers
and Morris, the Gentlemen at present employed in the
erection of the Royal Bturiswick Theatre, praying that
a license might be granted them for the performance
of Plays of the minor desctiption, nselodrasoes, dancing,
and music. The grounds of the application were, the
want of a Theatre in this district since the burning
of the Royalty, on the site of which it was built. The
long existence of that place of amusement—the great
I expense the applicants were pot to in rearing the concern•
—the solidity of its workmanship, and thereat beauty
and ornament which it would be to the Eastern quarter
of the Metropolis. The Memorial concluded by pledging
the Memos ialists to preserve good order, and to provide
performers of the very highest clau for the gratification
of their audience. The License was granted oa the
condition, that the house be opened for perfoestianee
the day after Christmas.

_
. . .
• •
, ... .
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woad show tint Ns. Green had thogeht proper Inlake ionint. ended the Fame 0,, - saw had, to a%loalikilA it wise elir
one less etretielleedi *SW at double e prise. le the WO a log. as i mil, •
fwhen we lint in. IN after
conclusion of hit bow, .'d that bacon. fools' % L 110" • wan kopi-ow war stood ofkond 4ilies in again.
sidered the laintiff art of navigation, the old . : - ilt • 411"
't
.se On' any The }Wittig came to ow, aotasked apply to Mr.
,
and perfec ' tto the command of a vessel 4 na . 1w• t con • • was taking. Greet to allow the ship to tiold in teeqescertain what
di .th ee upiter was the first vessel of white dirtd
~,e da wt?, 'p rail aground[ anew we were on. I made Ile epidiciliiie4 and he ob.
master." This, the Jury would see, which was alottst sit in the evening. We passed Cape jetted to it, saying, he did not like to delay the public
was an accusation calculated to do the plaintiff an ire.- Amebic) about ibeee ,o'clOck. and afterwards disco. service; 1 made no second application ; some of the
parable injury, inasmuch as it blasted his character in Tared the Coleratlos roof. The lead lines. which military officers spoke, and he then allowed her to stand 'lre
the opinion of those very persons to whom be was to were usually knit in the metes cabin, which is on in. We sounded the second time we stood in; no but. tam(
look for any future einployment. These, he believed, deck, were than got our, 'and a man, named Grant, tom was found for the first few casts. then 12 fathoms, yea.,
were the whole facts of the case. which, it Would be held them in his hand for the purpose of sounding._ and various depths till no bottom was found. When in sots, si
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