The Statesman.
London, England, 1821-08-16 00:00:00

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SECONDARY'S GOURIFI.- -
1111111011 C. 214.101%.
This was • writ of inquiry to assess the damages is.
teflon of assault and false imprisonment, in which tb.
soefearisnt hail suffered judges,* to in be Mundt. A,
, t peeial Jury hod been eanussoned. bet four Special Jury-
men may were in attendance. The plaintiff's Counsel
having congested to a
pt talee. the Jury WO sworn, and
Mr. C. Pommes ceeded to state the case to the
.Inry. The settee was brought by William Pickford,
the plaintiff, against Henry Augustus Elliott, the el
tendrils% to recover damages for a trespass, as assault.
and a false hopriesament. sad to recover the vain, of
property beloogiag to the plaintiff, of which the defend-
ant lid violently and wrongfally possessed himself. It
might be necessary to inform the Jory, that the plainti
was tie ems of one of the most respectable merchasti o
the the of boedon, who had been a Governor of up-
wards of Si charities, and who at the time of his death
was the eldest Governor them living of Christ's Hospital.
His property. and. he treated, his respectability had de-
"Area apes his children, sad Mr. W. Nekton' was now
*a merchant of the city of Loodong and the owner of se-
veral ships, one of which was the Resource. The defend-
%lir. Elliott, was the Captain of a sloop of war, the
s, in his Majesty's Navy. In the year 1820, the
atiff went in person on hoard his ship to the Bra-
ill, in consequence of the value of the cargo, which
consisted chiefly of dollars to the amount of 400,0001.
There was on board the vessel a carpenter of the name
of Patteson, a very skilful workman, whom the plaits-
tiff had oreasistaly indulged, when they touched at
any pert, by allowing him to work ashore on his own
- oust, and although be might have stripped his
wages during such period of indulgence, be had
Serer done so. There were some persons in whom in-
dulgence failed to create gratitude, and unfortunately
ilistteson was one of them. When the ship arrived at
the port of Rio Janeiro, lie asked leave to goon shore,
fret as Captain Pickford had no pratigne, as it was tech-
-laically termed, with the shore, and as Petition bad
abased the indulgence which bad been granted him on
a farmer occasion, he refeeed to let him go. Penmen
'because discontented ; and be contrived to committal-
sate this discontent to the rest of the crew, so that it
rose almost to absolute mutiny. As the Icarus sloop
of war was lying near the vessel. Captain Pickford
'thought it right in this emergency to apply to any ship
ist war which bore his Majesty's flag, and lie accord-
ingly ordered nut his boat, and went on hoard the
cares. He did not see the defendant on this occa-
but be saw a perfect gentleman, the Homier-
Kt. Mande, the First Lieutenant, wta was at
il a time itt Ireland, and who could not therefore, he
gritted is say, be tailed as a witness in the cause,
see by a strange anomaly is the process of the
'English law, a sabres& did not ran to Ireland. He
,seated the situation is which he was placed hr
i el the carpenter, and Mr. Maude, with
idiot - y which generally characterises the
rand
of the Navy, instantly ordered a midshipman
and a ounamir of marines, to go on board the Re-
soiree, and bring the mutineer Patieson to the Icarus.
Captuim Pickford was at this time in • bad state o
heal*. and in *addition to the_miefortuae of a debili-
tatoormiiiitilntla, he hattuttoEd Ijlug cm its death-
bed at a hOwte hi Rio Janeiro. He went on she
for the pities* of seelag his And before its death,
and while staying at the house lie received a mes-
sage from Captain Elliot, at the ropers ..of•wb
he *as not a little astonished, for he wits told that an
less he regdoet, within half is hoar from the recap
of the message, on booed the leans, and paid Pennon
whatever sass he denta.i Mist would wad
' =Aimed hooch an bomb 'robust ship, the Re-
soarce, and take oat donate to she amount of Pattesos's
demand. The distance of the boon from the shore,
and the state of the plaintiff's habilis, rendered it i
possible to comply with the samemos of the defendant
within the time prescribed, and she plaintiff therefore
wrote a letter to Captain Elliot, is which be depre-
eaterl the threatened outrage. and stated his readiness
to maim every effort in his power to see Captain Elliot
as soon as possible. lie accordingly did repair on
board the learns, and it was there that lie bad the mis-
fortune of a first interview with the defendant. As
.00n as lie came on board, Captain Elliot abruptly as
him, by observing, that there had been a grout
deal of trouble in settling the actuante between Id
.ad his carpenter, and added, " I desire you wilt
tie them instantly." The plaintiff said, he was quite
ready to settle them, sad drew a cheque for the suss
doe to Patteson. Captain Elliot objected Se the cheque
sod said, .. Come. Sir. that is not your name; by 6
you are falsifying your signature." The plaintiff is
vain protested that he was a respectable messimat, in.
capable of committing such an act ; the Capita swore
that be was a shabby fellow, and ordered a fresh cheque
to be driven for the whole sem demanded by Pattie-
see. Upon the plaintiff's refasiug to pay this sum
as it amounted to 91. more than was tine to Pit-
ies... Captain Elliot said, " If you do cot pay it
iestantly. I will tie you up to the gang-wag sad give
eon sia dozen lashes. if it cost me SNOW. Gaptain
ticketing replied that he was on board his (Captain
Elliot's) vessel, and th,it he knt'w be waif in his pewter;
,'tut be would sot dare to commit such an outrage sp.
ras Ishii wuen there were British laws to appeal .to for
redress. lie.requested the officers of the ship to give
Ishii their names. as witnesses of this transaction...-
Captain Elliott forbade the officers to give their names
at their peril. "And now for your insolence," said
be. turning to time plaintiff, " I declare you a prisoner.
mad eV his boat; I will not take your dollars, bat by
6.-:- I will take your three topsails." This order w
no sooner given than executed ; iu vain did the plain.
till eapresent the danger which would arise from disl
omitting his ship in the event of a storm. Captaiis
VillOtt ordered out au armed launch to go on hearth
..hip of a British merchant, and actually brought
way the three topsails to the Icarus. The plaintiff
ib the meantime detained a prisoner on board
sloop of war ; he appealed to the humanity of
..aPailo Elliott to inform his wife of his situatiat ;
his request was denied; he begged to be allowed
thei use ref pen, ink and paper; this, too, was reflood.,
I; tin Pickferd-applied, as soon as beget on 'heal,
*
a I
autherities of the country, and a criminal war.
was issued against the Captain of the teamed
/moldy met executed because the &headset
limier the ME of England from the Port. Ti..
'bead at that the hardihood to bevy that hi
hsulblitadliss sante with which be was charged'
limier
iger coaasitatioo with his legal advisers, W
--"-Z7be useless to follow op insolence std
4-" It it in a.Gairtt of jastlee, and P-

..

sport._ the reeord that Ite bad
And plundered the plalatifF. Tisi 4
laid in the deeistatioi at !.WV., and the Jury
iN see whothee any rieenmstaaces of initigatios
Id be &clawed to dimistsls thole damage'. ,Having
; stated the Case, and expatiated opus it at coal&
ruble length,
William Faller was called, who was master of 'tins
earns at the Owe of the assault and istrimiument,
ad another witness was also sworn; but the plaiseiffs
Counsel conceiving that he bad already fully proved
his case, declined exatisining bins.
Mr. ALLEY then addressed the Jury is mitigation
if damages. He contended, thet thecae., wises stripped
of all the verbiage with which the plaisitirs Come'
had surrounded it, was alas which called only for very
oderate damages. However feast the language,
and howeier dextrona the mitioese of his Learned
Friend might be, the coarse he had taken was directly •
outtary to that so hausinossly pointed out by Lon-
ginus. The immage to which he alluded—.he gis-
t/deed ftdm troubling the Jury tbith the words of the
riginal—might have taught hie leterised Friend eery
iffareut principles of pleading. there were many
ircumetances which his Learned Friend had stilted in
(motion of the assault, which he had talks! to
Widish by evidence. As to the charge of the defend-
stss absconditig in consequence of hiving commistell
an act of piracy, it was basely false. It was foetal in
cases of mutiny on board Merchant vessels, if a King's
ship was lying near, *0 call upon the Captain of the
King's ship to interfere. In this case Captain
was referred to as the arbitrator betweeb the plaintiff
and his crew, and he was satisfied that there ;fa* no
emend far the plaintiff's complaint. As to the taking
of the top-sails, it was certainly an illegal act ; but
' ptain Elliott acted under an erroneous impression of
the authority with which he was invested by the Ad of
Geo. 11. cap. 36. That Act enabled seamen on board
Merchant vessels, to enter as volunteers on board
King's Asir', and it empowered the Captain' vi King',
ships to direet the payment of %Itch stamens' n age. ; bos
it gave no power to enforce the payment by a sum
mary distress, although a contrary impression pre-1
railed among Officers in the Nary, and the practice
had been to levy a distress on beard Merchant Vessels.
where payment was refused. The error which the de.
fondest bad committed, was rather an error in jurig-'
meet, than an error of the heart. He was not in a
condition to pay large damages, for though connected,
with a family of high rank, he was a younger brother.
and his only patrimony was what he could earn by his
!Sward. Under ail the circumstances, he was satified the
Jury would consider this a case which called fur very
Silsperate damages.
.The Seconnsitv, after briefly recapitulating the
evidence, directed the Jury to give sash damages as
they might think due to the wounded feelings of the
plaintiff, aid In addition to these, the value, whatever
it might he, of the three topsails. In assessing the
damages they were bound, in point of law, to lay oat
of their consideration the threats of the defeodest,
which formed so part of the assaultand false imprison.
ant charged on the record.
Tin Jury rag* Sur a short time, cetsrat4 with
verdict of—Ltessaps fur the l'inenenstal

MIDI.3.VD CHICCIT.
DOUBT A2Bl2llB.—Ur■ sr, Tvr.svar, Avc. 14.

FATAL DUEL.
/MAL AND ACQUIT ral. er TIC lllWfTLtiihse•wuiusslllAXlLll.
The important trial of the Brittiebanks mow oa
his iserviag. This case 'sacked inesseuse interest iss
be county. At an early hoer an immense er•wdsur•
sounded the County Hall, and the rash, when the
loon were opened. was tronseadeos.
The Court, over which Mr. Justice Pass progided,
resembled at $ &clock ; the primmer*, who were pa•
left and isteresting yam( mem. were brought in, sod
the Josses being sworn, and the case having bees
'Feud by Mr. Ct.sass. jun.—
Mr. Dsnsax said, it was his most psiollel del, to
Mate, as shortly and as simply as he could„ the 4i
canistances of the case :—.the prisoners wore to be
tried fir a crime that was considered 'we of the here
vies* of which human nature was capable. A sob .
Fier was charged to have.bees committed by Mr. W.
Ilrittlebank, and the prisosers staid on their trial to'
aidiag, abettlag sad assisting is Unsaid seeder. /I
caned nem them most earnestly to measles from their
minds all previous impressions Witela they might have
recoirod, and to confine their attention solely to
the evideace which would be subasirod to their
cousideratian. The deceased, Mr. Cuddle, had been
a verges' is the Navy ; be had retired en half-pay,
and resided at Witmer, in that toasty, sleeve
Mr. Brittlebauk, the father of two of the prissier*.
resided. Mr. Caddie had been we irthrett le
with the Brittiebasks, blot their friendship had billoo
in colleagues's:, of the atteatieso of the issevasi to all
Brittlellank, which certainly had bees 4:2•yroved by
the members of her family. On ibis su at was us-
necessary for him be go la any very sisete details
he would Amigos at ones eiVeittlie
which the Jury were to take hew their cossideratips,...
Ua the 21st of May, the day before the death of Mc
Caddie, $ letter was brought to hint by the servant a'
Mr. W. Brittlebank, complaining of antitank which '
said he had received. and calling on the deceased to'

.4, in order to expiate that insult. Mr. Coddle refitiedi
to give an saucer to the letter: In croquettes of this
on the following day, the prissaer Nkomo, who bad
been seat for from Bakewell, arrived *Wirter, and
agreed to go with a message from Mr. W. Brats!shank,
deutamling that Caddie should light him, or mike ill
apology. Caddie replied be bad so apology to gni*
sad would not meet Mr..W. Brittkbaak. Broca ear,
vied back this aaswer, and returned afterwards to God&
with a Dew message, and on the deceased repoadlartii
determination which he had previously musioacid, he
told bits that Mr. W. Brittlebauk was thou in the gar.
den, and remarked he might me and speak to kilobit he
would sot fight. These were facts to he peered b 3
witnesses, sad by the dying declaration of the de
ceased, which by law cookl he received m evidence II
cases of this deseriptioa. Cookie went Ws the dank,
where be Used W. Brittlehook, with his heaths
Andrew sail Froacie, who bad bees mew to rt few
their home to that of Mr. Caddis. dere Andre
Brittlebask stoMrmed sides. to provost the awl,
calling ups r. Caddie to make an ogy. _ Ibis
declined, and pistols were this proobood Mr. '
Ibitttebasit hiving walked UWA yes& frets !be
sessed, Moth tamed sad femmll. se.lbe beans& '
bees Mod sow the spot so shish lb.
steed; sesiElsee seig Ow bet itt
whew
sif r is Isbell
din Dio--

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10411

hp b.fla

bad el

AIN* jiltlnane tiat tvhkll he forced 'Mr:
Own,- TM'clams no pert of the
osecution. Wetter, totkr persons we
log tit the logo sari for the purpose
in to fight >< cilia, tliough that awl might be
—.a most fairly, aCcorsilig to the law of honour,
was murder. wider certiin circumetaaces, in the ey
f the law. Mr. Cuddle received the ball fired from
he pistol of air. W. Brlttlsbank ; he was then carried
me the kitchen, he believed by Spencer and Andrew
BriUlehaalt, What followed would be proved by wit-
, and be expected it would be proved that Mr.
udrew Brittlebask had at first denied having
present, but when the deceased stated him to be
here he then said, " Well, since you say so, did I
sot try to prevent the duel, by pressing yon to of
lag in the shape of an apology." W. Brittle.
honk bad said that the deceased mast consider Spea-
ras his friend, and it would be sheen, that when
addle, in a dying state, had been pressed to dee.are
the duel had been a fair one ; be declined doing so,
though aware of his situation, sometimes by expres-
lees, and at others by actions of dissent, such as shah.
ag lois head, and certainly died without any such ad-
Lesion. Should the evidence fail to make out the
barge, those ..:ncerned for the prosecution, would be
t happy to hear of a verdict of acquittal.—
Shnitid the fats be proved, their righteous verdict
mast he given, and painful as it might be to themselves,
and all who heard it, they would have but oue duty
to perform.
A variety of witnesses tv...re called, who proved the
eircumstanevi wader which Cuddle lust his life. Ili
appeared that he had received much provocation,
but it appeared that the Pris.otters bad endeavoured
to give him every assistance after he recrheol the
won

The Prisoners read written defences, in which,
ey declared it to hare been their object to pre-
at the duel, and procure an apology (rum the de-1

A limiter of pensions of the highest consideration,
ire them most excellent characters, and the Judge

having snowed up, with mach impartiality awl
feclintc. theJnry retired. After an absee.ce of an
hoar and twenty minutes, at half past six they re-
,turned a verdict of Not tiuilty, in favour of each of
the Prisoners, who, deeply affected by their awful
situation, conducted themselves throughout in the
awl becoming manner, and on hearing the deci-
sion which restored them to society, they all booed
their heads as its gratitude to the Almighty for their
deliverance.