The Statesman.
London, England, 1824-01-30 00:00:00

IDENTITY OF A SHIP.

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This case, which had been lately tried in Guildhall, in-
volved a question, whether a ship sold at Cape Castle, on
the coast of Africa, was from necessity so sold, or was
callable of being► repaired. It was an aetinn again.'t the
underwrler, and the verdict had been for the defendant,
upon evidence that the same ship was seen a few weeks
alter the sale at a considerable distance, taking in a cargo
of slaves.
►Mr. coast obtained a rule to set aside the ver-
dict, on the ground that the witness to the identity was
mistaken.

110.1138 CAUSE.

V. BEN:VRT.

Mr. COMMON SERGEANT moved to set aside the verdict
for the defendant. The Lord Chief Justice had thought
there was no warranty; that was now not disputed. But
the rule was moved upon the defects which were not visi-
ble to every observer. They were a bog-spa vin and a
thorough-pin. A Learned Person had at the trial
asked whether the bog-sp&vin was in the fore leg or
hinder leg.
The LORD Cuter JUSTICE.—The question implies ignor-
ance, I suppose.
Mr. Coat now SErms %NT laughed assent.
• The LORD Cum JUSTICE.-1 asked the question of
.ct.nrse.
Mr. Comstom SERGEANT.—It only shows that the most
learned of the land may he ignorant of horses.
Mr. Justice BAYLET.—WIiat is thorough-pin?

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Mr. UOSIMON SCRGEANT.— I have an affidavit which will
answer that question. (lt was N.A.) The hog-spavin was
u visible swelling; the thorough-pin an invisible affection
of .the joint.
The Loan CHIEF JCSTICR read his notes. The price
was fifty-nine pounds.
Rule refused.

♦PPLICATION ♦OAINAT TUC MARSHAL OF TII KING'S

EZNCII PRISON.

Mr. Ca:ornet.t, showed cause on behalf of Mr. Jones
Marshal of the King's Bench Prison, against a rule calling
on him to answer the matters contained in the petition of
Mr. Duffield, a prisoner in his custody. The petition had
stated, that on the Sth of October in the last year, a person
named John Jacobs, was cotninitted by the Marshal for
riotous and disorderly conduct, to Horsentonger-lane.gaol.
Before he went, he requested Mr. Duffield to take charge
of his property, for which purpose the petitioner went to
the room occupied by his friend. While there, lie was
joined by two other persons, and afterwards two officers
c one to the door, and clamorously demanded admission.
Thinking they had no right to intrude, he declined to
open ir, on which they went away, tint soon returned,
burst open the door, and desired him to quit the place.
He requested permission to take an inventory of the goods,
lint was refused, and the officers took possession. A mes-
sage was afterwards delivered to him, requiring him to
attend the Marshal; but he declined, believing the message
was a mere trick, especially as the Marshal was
scarcely ever in the prison at that hour. lie
was afterwards brought by force before Mr. Jones,
sent to the strong room fur the night, and the next day
committed for a month to Horsemonger-lane-gaol. 'Ebert he
was placed in a solitary cell, damp, dark, without fire, and
contracted pains in big limbs from cold, till he wassent to the
infirmary by the direction of the surgeon. Such was the charges
to which the Marshal answered, first by referring to the or-
ders made for the regulation of the prison in 1759, under the
sanction of the Judges of the Court, which empowered the
Marshal to commit for riotous and disorderly conduct, or for
possessing spirituous liquors within the prison. His affidavit,
the affidavit of the two persons who were in the room, that of
a person who was near it, and that of the two officers, set forth
that Mr. Jones directed the officers to go and take an inventory
of Jacobs' goods; that they found the door shut, and demand-
ed admittance ; that they returned to the Marshal, who ordered
them W force the door; that Mr. Duffield and the others were
playing at cards, and that a quantity of gin was in the room;
that he refused to go to the Marshal, and was taken by force;
and that he conducted himself in so violent a manner, that the
peace of the prison required that he should be removed from
its walls. With respect to his treatment in the gaol, the Mar-
shal stated that he knew nothing, having left the mode of his
confinement to the gaoler and the visiting magistrates.
Mr. Duffield addressed the Court in a long speech, repre-
senting the conduct of Mr. Jones as needlessly cruel and
unjust.
The COURT declared their conviction that Mr. Jones would
have been guilty of a breach of duty had he abstained from
committing Mr. Duffield. If he had sustained any injury from
the mode of his confinement in liorsemonger lane gaol, they
regretted it ; but could not visit it on the Marshal. Tney,
therefore, dismissed the charge.
From an early hour this morning Mr. Hunt was in Court,
waiting to receive judgment for the libel of which he has been.
convict present Murray, of ihe Constitutional Association,
but all the judgments appointed for to-day
was als
were put off to Tuesday.