The Statesman.
London, England, 1819-07-20 00:00:00

THE STATFeTSIAN

prossestios, sod MN-Andrrwl sad Mr. Chitty the

TN. case, as it appeared from the evidence en
both sides, was Is sobsteeee this:-The Defendant
was ono of the ward's, of Smithfield-market, whose
daily it Is to keep the passages of the market clear
from the Interruptive of cattle eattibited fee sale, and
confine them within certain bounds, to p t in.
cosmenieece to foot passengers. In the month of
October last, a boy in lb* market had been employ-
oil by the owser of a horse to ride him up sod down,
mod is doing so be got *et of the booed.; upon
which the Defendant took the boy off, got op himself,
and rude off to the Greeo-yard. The boy, not know.
ing the Defendant's office, cried oat, " Stop thief !"
and u creed being collected, the Prosecutor, and
soother man named Barechy, both City constables,
perused the Defendant, sail came up with him at the
gateway of the Green.yard, when en altercation en.
seed, which ended in the Defendant raising his stick
to strike Be►cby a blow, which the latter warded
off. The Defen,lant then went Into the yard, and
bevies got off the horse, seised Green by the culler,
shook hies violently, sod at the same time used
every violent sod abusive language. The other officer
was afterwards bandceffed,and taken to the Comptes.
The defence was, that the Prosecutor hell com-
mitted the first assault ; bet the evidence stickmen
j seemed to confirm the Prosecutor's sere.
.. .

The Jury, ender t►e Leereed Judge's directioos,
Need t►e Dsfeeeent—Gnitry.

TUOISPSON V. LACtY.

This was in action of trove; to recover the valise
of *quantity of wearing apparel, the property of the
Plaintiff, which It was alleged the Defendant hail
wrongly converted to his own use.
Mr. Gurney aid Mr. F. Piillork eendected the
Pleinire case, and Mr. Marryat anti Mr. Wilde
the Defondael'e.
The Plaintiff's OM was this :—ln the autumn of
last year he went to live at the hoes. of the Doren.
diet, who keeps the Globe or M romped Coffeei.house,
in Fore-street. During the time he was there he as-
sociated with a friend named Gibbose. At the end
of about three months he left the Ise's*, losviag his
clothes Whited, sod shortly afterwards blr gabled open
Ike Decedent to pay his bill aid redeem his clothe,.
The latter delivered a bill to the amount of natter
more than 501., including the bill of Gibbons, the
Plaintiff's companion. This the•Plelotif reheard to
pay, bet tendered 251. the supposed sommot of his
own bill, and demeaded the delivery of his clothes.
With this the Defendant used le comply, end
therefore the present action was broeght. .
Mr. hifitaTAT, for the Defendant, sebreitted,
that he, being a mere-keeper, wee lawfully mailed
to detail the goods for the unpaid bill of his guests,
there being no difereeee le principle between a
tavern-keeper and ao ile.keeper.
The Cuter Justice said he entertained • good
deal of doubt ups* this OW. As Innkeeper use
bound to eatertein his gem, bat he was net aware
diet a fevers-keeper was. The luelleatien of his
Loeffehip's r•pinios was, that the utmost foe 'bleb
the Defendant timid detain the Plaiisaili's clothes was
fee hie lodging, bet not for hie enaionswoose. if, he..
111111/, ii should turn met that the Plaintiff wee entitled
he • verdict spew the facts, the Defendant might have
• special case to take the opiates) of the Csitil epee
the point of law.
The defence thee set op was, that the Plaintiff and
hie friend Gibbose were j•imily liable for the Defeo&
emea demand. It wee plowed in evidence, that they
had nue to lb. Defewileot's house together—had
slept to a dembie bedded ream—had breakfasted,
!geed, and sipped together during their continuance,
end had forreeaUy desired is etch ether's presence, to
' hue their eccooots tope jointly. Another person,
teemed Scott, bad also associated with the Plaintiff!
aed Gibboas, ind had goal away without ming hlel
rechooieg. Under thew circeinstaocee
The Caney Justice interposed and said, that at all
events the Plaintiff could not have a verdict, for mop
posing him not to be jointly liable with Gibbool, he
did not appear to have tendered a moiety of the Plain-
tiff's demand. He bad only tendered !M. mid the
bill was upwards of 501. 11 appeared, the/00re, tint
the better way would be for the Plaiatiff to be sew.
suited, giving him Imo to move the Court ow the
puha, ea to the Defendant's debt to demi. the clothes
fur more than the lodging. There appeared to base
been more money tendered than would pay for the
lodging of the Plaintiff and Gibbons.
Mr. Guaertr acceded to the suggestion of Ike
Chief Justice, and the Plaintiff was accordingly new
• suited.

COURT OF COMMON PI.FAS, Jvcr IL
AIIIDKOS V. AVSTICE.
This was an action for assault and false imprison..
went, stated in the declaration to base been commit.:
ted by the Defendant, upon the raiotiff, upon their
voyage firm India In this country.
I
Mr. Sytjeant linc.coct opened the pleadings.
Mr. Serjeant VAVGUAN stated the case. The
Plaintiff was, he seal, • Lieutenant of tbe 66th re-1
giment, and had served in many umpsigns is India,
from which corms)! his physicians found it necessary !
/hat be should be removed in consequence of the bad
state of his health. For this impose be took his
passage on board the Henry Porcber East Indistinct, i
of which the Defendant was Captain, and basing
paid the Ism of 1760 rupees (about 4201.) had the
privilege of abiding in the caddy. Before the ship
reached St Helenas dispels arose between titePlain. i
tiff and Defeeciaot, which terminated in perso:,al
eloleace, anti bad nearly terminated Willi,. The
quarrel, which was occasiored by some °aortae'',
error with respect to the conduct of the steward,
pjocinited a chant...lgo from the Plaintiff to the De.l
(rodent, which was acted apnea in lit* island, by a
discharge of three shuts froovach side. The inter.
pothion of the meads prevented any further esperi.
theht of skill,.and the matter basing hoes consieered
eiticsbly adjestedt the vessel advenced upon theke.l
waioder of her voyage, which was, however, reel.
1 dered exceedingly injurious to the health and feelings
of tba Plaintiff.. A young Centimes named War.
I ton, of Utetrary.orgoiremenit, who was a ptssenget
I in the ship, soil bad witnessed the dispute,
14 rote •
Ileiter, seisedverting. span the condom of the De.
&Admit, bet sore it in totoptisoco with the regeest at.
the Plaintiff, whose gesioresity •oeld nut allele any
i reflection to be cast upon his •s.iagoolitt• The olkpo•
Si:la' of the Pfleudava previit4,id a oleo' eattourdbas.

ry contrast, for that Gentleman degraded himself by
picking op the scraps, and reading the contents,
after which be interdicted the writer, who was a
charter pass►nger, the privilege of walking the gear.
ter deck. The Plaintiff; between wham and Mr.
Wharton an intimacy subsisted, ►aving observed that
indignities were thrown upon his friend, lathed that
Gentleman to his cabin ; and this invitation gave rise
to the conduct which the witnesses would prove to be
oppressive sod tyrannical in the last degree, and
which loudly celled for hea;y damages. The follow-
ing witnesses were then called :
William Johnson, a sailor on board the ll•nry
Percher, deposed, that in the month of April, fear
or fire days after the ship had left St. Helene, he re-
ceived orders from Mr. Wallace, the Ist Mate, to
get • tetras and stand sentry over the Plaintiffoshom
the Captain ordered to be confined to his cabin.—
Witness told the Plaintiff that he moat confine him-
self, for if he (witness) did not obey the curler he
should get three dozen. Witness was attended by a
cowed., who was also armed with a cutlass, end
hail orders to llso same effect. They were relieved
by two others, and the imprisonment lasted till they
came to this coast. After the Plaintiff had been con-
fined three weeks, he was allowed to walk the decks
from seren till eight in the evenings, guarded by a
soldi►r. The side on which be walked was the lee-
side; the other officers walked on the other side.
Crnss-esamined by Mr. Se►jeent COPIAT.—There
were several other officers on board. The sentry
who guarded him did not walk 'beet with kim, for
that would be tiresome.

J. Ryan, a passenger in the Indiamsn, heard the
D►fendsnt give orders for the Plaintirs coninement.
The Plaintiff's cabin was very small, there being
scarcely roans to torn round in it, and the weather
was extremely hot. There was a small aperture in
the airbus through which the air was let in, bet when
there came ma a breeze, that aperture was uterus-
rily clamed, to prevent the sea from beating in, anti
dm place was in total darkness. The Plaintiff's
condatensent commenced the Bth of April ; sod on
the 9111 of Jour, when the ship arrived at Ports.
mouth, it, terminated, the Lieetenant having been
attended to the gangway by his sentry, and from
thence landed with the other passengers. During
the first week of the Plaintiff's confinement, he had
been tinted very badly. Ilia diet was sent to him
in one plate—dsh, flesh, fowl, potatoes, sod other
articles, anti no cloth was laid for him. Before this
he used to dine with the other officers in the caddy.
After the Gist week, separate plates and diem were
sent to him. Claret was allowed to the caddy pet.
seniors. Plaintiff was allowed red wine, bat be
could not tell of what kind.

Canes-eaterlord by Mr. Serjeant ___Rersawat:Tr.—
Plaietiff was allowed Madeira end brandy ; a small
complement of the former. Never knew him ask
for any.
A part sweet of the Indianian stated, that be so.
derstond from the Defendant that be hod received
MI. from the Plaintiff for his passage. It was a
smell price for the voyage from Bombay, bet the
Defeatism said he bad accepted the redeced fere in
levirseqtrence of the recommendatio• of a mutual
Taterld. The Defendant also said that the Plaintiff
bed come to this country in consequence of ill
health.
Mr. Serjeant Coegsv.—He never said the Phis.
tiff's health hurl suffered by the voyage.
Mr. Sergeant 'VAtionas.—Not at all. Perhaps it
was improved by it, the treatment was so gentle.
A letter was then pet in and read. It was from
the Defendant to the Plaintiff, and stated, that us Atli
latter had erted in defiance of orders, and Instigated
another person to de so, he was to molder kintselfl
under arrest and confined to his cabin, from which
the will,' fotbad his to pass. The note was dated
7th Awl', 1819.
This closed the evidence for the Plaint :.7.
Mr. Serjeant COPLET was surprised that his
Learned Brother should call this his case. The body
of evidence to be called open the pan of the Defeo.
dant would prove, that Captain Anstice was justified
in his original design, though perhaps sot in con.
tinoing the imprisonment of the Plaintiff. Ile dwelt
upon the rumple which violent spirit of the
Plaintiff sod Mr. Winton was holding out to the
crew, and represented the necessity that a Captain
shad/ have a great control en board, in order to pee.
Sect tip properties and lives of those Ender his care.
Tb. Lamed Gressel admitted that the Lieutenant,
Andreae, was entitled to damages, but he declared
that those damages should be merely nominal.
Jobn Watts, an Officer on board, stated, that Mr.
Warton was a charter-party passesger ; and that the
Captain had gives orders, ea the 7th April, that he
shield not be allowed into the steerage. Oa this
day, however, the Plaintiff invited*Mr. Wade., my.
ing to him, " Follow me, now, and let me see who
will stop yoe."—The two Gentlemen then went into
the Plaintiffs cabin, slid witness reported that orders
bad been broken to the Chief Oificer, The crew
sere not very orderly at the time.
Terence Kavanagh, Steward to the Indianian, um
the Plaintiff and Mr. Warton walk logo the stsseags
together.
Richard Wallace, first Officer, stated that Me.
Warton was allowed to mess with the Midshipmen,
through his application to the Captain, and in cons*.
(pence of a gamed requested to be allowed to mess
between decks, which was granted. Sabveqnently •
meow was sent by one of the Officers to him not le
go into the steerage. When the Plaintiff induced Mr.
Wasson to violate the orders, two messages were,
sent In him Ity the Captain, bat they were treated
with ridicele and contempt by Lieutenant Andrus.
who wrote to the Captain, 4' Vag may imprison me,
and deprive me of the advantages for which yoe ate
paid; but I sill not he imprisoned wept by force."
This witness said the diet of the Plaintiff was as good
as possible.
A letter from the PlsintifT win pot in, *hit+
spoke of the ill effects the eohfirtement had upon his
health, end retineatint some mitigstinn of Ike 1)..
fenilatier sett I i,y. It was then that the Plaintiff
was allowed to Hell: the deck upon certain condi-
tions, with which, however, he did not toluoully
comply, mod in desisting that he would not do sn,
he assured the Captain that he sSruld have recourse
to the law. _ _ _

Crn.s.ezerninoll by Mr. Syrjelnt VAT'IIIIAN.
Plaintiff appeased to have N ILST o"a► (,e•.etigo TS bad,
ssid a hat be irked for.

LONDON t 'Prins.4l nntl Ire Ptrn•, at die
Orstur., h• 1,11,111. ft. toil. Flc'•:ut:t.