The Statesman.
London, England, 1810-01-20 00:00:00

LAW INTELLIGENCE.

COtTRT OF KING'S BENCH.
Guildhall, Friday; January 19.

Sittings at Nisi Prins before Lord Eccznao.
Ronan, and o Special Jury.
OINK V. WILLIAMSON.
This was an action to recover damages for an as. '
milt and cruelty.
Mr. Arroanew.Gatteear. said, that this was
a most ag4ravated case. ,The Plaintiff had been
on board the ship Ocean, an Eaat Indianian, IP
Cie mpacity of ship-joiner; the Defendant sass
the Commander of the aliip. On the 20th of May
last, on the ship's homeward.bound passage, the
Plaintiff; who had been between decks at work,
came upon the spar.deck, when the D..feetlant
ordered two of the foremast men to seize him ;
he then called the buetswain, and made him give
the Plaintiff twenty blows with a thick rope.
The Plaiariff, in a most civil manner, asked the.
Defendant what he was flogged for, as he bad
been a great number of voyages at sea, and had)
a tiled with as severe Captains as there were out of
England, amid never had received a blow ? The
Defendant replied, by taking op the rope *filch
the boatswain bad before used, and heating the
Plaietitf most untnerrifully ; the end of the rope
struck him on the temple, and laid it open—it bled
most profonely. He, the A t toruey.Gencral,
would plum., that his client gave n• provocation
for Oat treatment : that he addressed the De.
fendaut its the most respectful, and even the must
bumble manner, Wing the appellation of " your
hatio‘tr.” The Defendant had put in a plea of
justification to the declaration, which was, that
the discipline of the ship required the chastise.
meet. This lie denied. There was no man who•
would sootier staid forth in defence of discipline
than he a uuhi ; and he was well aware that it was
the good discipline that was preserved on board
one ships that made our maritime force su.
perior to all others ; but cruelty was es different
!row discipline and good order as disubediericts
was. The PI debit*, for some time before the not.
rage was commit;ed, was in bad health, which
should have entitled him to indulgence. It was
too often the case, when a man put the command,
and controul of a ship, that be forgot. he was min.
der the government of the laws of his country ;
such ortious as the present, were, in his opinion,
most whutesome ; for, if the natural dispositions of
persons placed its the situation of the Defendant,
did not allow them to know what hamnaisity was, a
Jury of their country:nee, by their verdict, would
at least teach them to be caations in giving pay to
the cruel!), of their passions. As to daaveges, he
del not ask for viadictive ones ; but he re.
quirod those (bit would deter others frump be.
Ina goolty of the same kind of inhumanity.
Time Jury would consider that the lowest in.
divided on beard of a ship was to be equal.
ly protected by Cie laws of his country, as
the highest. if he fairly and honourably did that
dusty he entered into an engagement to perform.
Th.) would also consider it was the duty of the
Defendant, the Captain of the ship, who, in the
ab.cnce of the law, was placed in the situation of
a Judge of P: pity, amid ought to have prutected
his injured Cheat from the ill-usage of his inferior
otficera, as Ling as he did his dote, instead of con.
dtueniima, without a cause, and ;hen becoming the
cowroton esecutimier himself. Utielzr these consi-
derations, he had not a doubt but they would give
the Plaintiff those damages which his case so loudly
called for.
This statement was fully corroborated by fonr
witnesses, who were sailors on board the ship ;
one of them, of the name of S bith, on his
aruas.examinatien, said, that he had brought an
action against the Defendant for an assault, on the
sane voyage, and gut a verdict for 1501. but that
the other three WililleMiCS did nut give evidessee
that action.
Mr. GA a now, in defence, contended, that It wee
a mere combination of the crew to ruin the Delos.
dolt ; they were mutinous, and he found it meets.
sary to suppress that spirit ; ho would prove that
the Plaintiff had not received any injury, bulonly
received that kind of chastisement which was tie.'
*rosary tassuppert discipline on board vessels, Which('
were hound on long voy sates ; if he proved this4e
he had not tedutibt but the Defendant, ender awl
direction of his Lordship, would be entitled.oi
their verdict. Timey would, bear in their reetri.;
leetion, if they were of a different opinion filial,
him, and gave a verdict for the Plaintiff, that itatii
one ahillitig of the damages would go into his
pocket ; fur, in fact, it was nut his action, but
that of his Atturary. Ile then proceeded to call
his witnesses.

Tae Boatswain of the ship 'deposed, that the
beating he gave the Plaintiff, by the order of the*
DA•ndant, was merely what was denominated at
starting ; and he understood it was because the
Plaintiff refused to Lad his tools to the carpenter ;I
sad thatbe gave as a reason for refusal, that the'
last lie had leas, the carpenter spoiled. The Phu..
pit said something to the Defendant, which the'
witness bispposed was disrespectful, which made
bier strike him De did nut perceive his temple
was cut.

On his cross-examination, he would not under-
take to say, the words made use of by the Plain.
tiff IMO disrespectful, anti his temple might have
bet eat without his seeing it.
The /Wren deposed, that, the day after the
assault the Plaintiff applied to him fur medical
assi,•tanee, but he did nut give him any, nut con.l
•.
bidering his situation required it. lle bad many
flesh bruises nn his hack and sides, but the akin
was nut broken ; his temple might have beat cut,
but hr, the witness, did nut see it.
Mr. ATTtIaNIT-GeNtRAL replied, and deprc-
cated the kind of defence attempted to be si.l up,
to bring men forward to tell what they did nut
hear or see, when there were four witnesses, who
swore positively to what they did both hear and
are.
Lori ELLVISOROUGH summed up the evidence
with his usual perspicuity, and observed, there were
s9inr witnesses fur' the Plaintiff, uncontradicted ;
Cie those of the Defendant spoke only to what they
k 0 did Dot see • is his opinion they intuit gives verdict