The Statesman.
London, England, 1809-12-13 00:00:00

44W iL rKLLr6r` ~ -

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COURT OP -KING'S BENCH. Dsc. ii•

SIFTINGS BEFORE LORD ELI EIBOROUGU AT GUILD-

HALL.
MUSTWICIL V. /AMASON.
Mr. iircirt. Stated this case to be an action fur
compensalion to the Plaintiff for an Assault, tip!.
le►►ge, and violent outrage, committed by the
Defendant upon the person of the Plaintiff. The
situation of the parties was thus : the Plaintiff
was Captain of a •es.el that lay at Kin deJaiseiio,
the Plaintiff was third Mate, but acted •as second
Mate. The captain owed this Mate a grudgt•, on

account of his being-sent on board by the owners
as ship's husband, in which character he had
corre•spuhded with' the owners ; un which ar-

count the Captain called him a spy, assaulted and
beat him very unmercifully ; he thou procured
two pistols, one of which he loaded, and gave
the empty one to 'the Plaintiff, saying he ‘r uuld
fight a duel with him ; that he would shoot the
Plaintiff through the head, and call him a coward
afterwards.

This was a species of outrage which

was not to be endured.

The Defendant alleged, in extensation of his
conduct, that there was a disposition by many on
board to plunder the ship, and that he thought the
Plaintiff was favourable to the combination, but

he had not instituted an inquiry into the facts
upon that subject, and thereforr it must he taken

for granted that he was misgnided upnn it.
The assault Was clearly proied to have taken
place.
Mr. GARRAW, the Defendant's Counsel, main.
tained that all the crew on hoard this ship had

Comhined tgainst this Capt.tin, who had Hot the

good fortune to please all his owners, although he
hail been the means of earning for them 60,0001.

in the coifrse of his diligent labour in their ser-
vice. The crew of this ship hail taken a dislike
t 4 the Captain, and they all rowed together against
him. Ile trusted, however, that the Jury would
be moderate in the damages they would give under
all the circumstances of this case ; for although
the Captain could have no evidence in his behalf,
since ali the crew were prejudiced against him,
still the,Jury•would be moderate in the damages.
Lord ELLEMBOROVGH obsi.vved, that the Jury
were very propel ly told that they should be mo-
derate iw the damages they gave in a case like.
this ; certainly, damages should never be uutra.
geous, they should always hare a reference to
the circumstances of the case. 'Here, it -ap-
peared, that the Plaintiff hail not only not been to
blame, but had submitted to as superior officer
in a Manner that was not only• creditable to his
discipline and his example of sabo-rdinalion,
also to his courage; for within could be better
evidence of courage than a steady endurance of
the tyranny of a superinr in command; Haile
party relied on an appeal to the leas of his eosin.
try. 'flits was precisely the Plaintiff's case in this
action, and•the Jury acre to say what damages
should be given. They.would, as men of sense
and kiwis ledge of the *odd, Alye, not vindictive
damages, but sober, mufferale, discreet, temperate,
at the same time compensatingilainagev, such as
were adequate to the amount- of the Injury, and
no more ; nor would the calls of justice be pro-
perly attended to by giving less. The Jury de-
liberated a short time, and fotind a verdict fur the
Plaintiff, damages 1001.