The Statesman.
London, England, 1820-03-03 00:00:00

1111,

SPAIN. I"
7-1111.— eh
ll'l. Extract of a lettei, dated Madrid, Februnry 14 : hi
, .
" '11:1r whole of the boasted army of the Royalists, 0
, to whi.•ll so many tienerale have been appointed, never
issi•sceoed 12.titei men, including those of o'llonnel ; fur
•t last .15 they were marched down they went over to 41
, the Patriots, whets!), began with 2,0110, and they now
seated thoseof the King. It is said Frey'''. has sent in
of
his his resignation ; and the report alone has wade many el
11l pe-e,, e in Cadis think of getting their valuables to a
late of 'atty. it
"'I he King remains firm, and swears the people shall a. I
f i hsve no Cortee--no Constitution. He either relies con- I.:
I 0,440110 al
yon foreign aid, or expects a miracle will be "!
e 'might in his favour; and intleed,with this view, all the
s-asty" in (leaven are plate .I in requisition, through the
all
ieterceasion of the Monks and Priars.—Ood knows in al
omit it will end; but it is well understood the rrvolu- "
i t•unary spirit spreads rapidly, as it conies in contact with b
• 1-1,-ments well prepared. On the 9th, a decree of ba- P
1 t to•lnuent was passed against Abisbal, who has been
•-•-nt of to one of the castles of Catalunia. Thus has "
4
terminated the career of the man Ferdinand Lad chosen
t..• hurl his vengeance across the Atlantic, hut who
heir ved his Acountrymen. Empecioado has
made arto•
tiler remonstrance to the King, giving him advice ;
but the latter says, that it is simnel', and not advice, that i
heefiatels in need of. It is said that forty-four of t! •e
ha,r ot it- uthccrs volunteered to attack the Cortadura 1
themselves, If they were allowed. Freyre destroyed the
bridge of Sao Alexandro , at Port St. .slary's, to keep
his men beyond the contagion of La Isla, as the river 1
Ouadalete is not fordable at this season. There is I
another bridge, near the Carthusian Convent of Xeres. a
The King seldom goes ••ut, since he has bad an oppor- a
'units. of 'win he is not popular. Pasquinade' art
I
pasted about: the streets every night. notwithstand-
Inv: 14r Police has been doubled. ?ambers have been
, arrested." s
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• LAW EN'TELLIGENCE. e
---41.-- t
COURT OF KIXO'S BENCH, UL'ILIMALL, MA/mu '2.1 ;
I i
*nap after Hilary Tem. Were the Chief Justice and I i
Commee .1 li rtes. c
trays e. BAXTER. I f
This was an action of damages for assault and false I I
imprisonment. .
Ihe SOLICI roa-GemaltAL stated the ease to the Jure, t
and the circumstances as stated in evidence were shortly t
. these :—The plaintiff acted as first mate on hissed a 4
FAmils Sea Whaler, called the Seri ngapataiu, which sailed I
,
from England on a voyage at the latter end of Decent- 41
bee. 1.'517. The defendant was her Captain. The plitiu- I
t4f was acting as Chief Mate sonic time before the Cap- f
ta' joined her, and he had also engaged many of the I
crew, who, in voyages of this kind, reveive no heed par, I I
but aurept as their remuneration eventu.l shares on ine I 1
profits of the voyage. Early in the following Septet's- I
Isar, the ship, in the course of her operations, arrived tin t
the coast of Spanish America ; iutil on the 6th of that I
wooth, a hile she lay off Callao, the Captain having I
%Joie short time before dismissed the plaintiff from the
air( Uateship, and turned him on the main-deck, went t
en shore, where he remained some hours, and returned c
J asher iwbriated. lie found the plaintiff on the quarter- (1
• ocvk, which runs gush with the main-deck, and is not c
curveted; and asked him roughly what brought him I
!Lere. as lie had no business in that place, and desired I
Min to quit the quarter-deck. The plaintiff maile some I
efslection, and asked permission to star at the lee side; I
LL:. the defendant insisted he should not, and pushed t
Litis roughly forward. The plaintiff turned ab••ut rod i t
toil, he could nut resent such treatment there ; but when I c
t e should meet the defendant on shore, he should there Il
see him either as a gentleman or as a blackguard. The
defendant commanded him to go immediately below. I
r:ie plaintiff said he should not ; upon which the de- 9
fendant said he would make him, and put him in irons, 1
and immediately seised him by the collar, and called to a
',flu', of the crew to assist him in forcing the plaintiff i
down below. Two persons came to his aid, anti laid hold f
ut the plaintiff; a settle followed, and the plaintiff was i i
thrown down, when the defendant and his assistants 1 I
• seized his legs and arms to drag him below. The plain- ' 1
tiffsaid, If they would unhand him, he would go quietly
of his own accord. This ass dune; he accordingly
. sent, but was followed by the Captain and those two
•
men, who, when they got him down, seized him, and
endeavoured to put him isufrons • and during the sting- , t
• g le, the defendant struck the plaintiff a blow on the a
heed with an iron holt, and wounded him severely. ti
The plaintiff then extricated himself, and ran upon deck. a
'1 he remainder of the crew on deck refused to assist in s
pitting him in irons. The Captain followed him np, a
and told him he wonld put hint on shore. The plain-
tlf said he was silting to go, best asked the Captain to a
five him a written discharge. The Captain refused, Il
cad ordered the boat to be weighed, and called five men y
fI go with the plaintiff, and said, as many more of the a
, rzw as chose to accompany him might go on shore a
with him. Several came forward to embrace the offer, ii
hut the Captain then would not allow the boat to be 0
%%tithed. Shortly afterward, a Spanish boat put off from 0
ti e shore, with armed soldiers oil board, and came to Ii
the ship ; and to those the defendant surrendered the gi
paintiff and ten of the crew, whom lie considered as the t
p!aintiff's adherents; they were taken on shore and t
thrown into a Spanish prison, where they were confined .
' three months, and then transferred to a British ship of i
sea, which conveyed them home to England. There a
wA no positive proof that this imprisonment was caused t
hy• the defendant; Wunder all circumstances it was na- e
t'i ally concluded to be of his procuration.
'Mr. Scanurrr, for the delsoodeat, addressed the Jury f
roevidenee, and contended that the circumstances al- I
leged against his client, arose from a sense of imperious r
• ante, in consequence of the insolent and refractory con- s
duct of the plaintiff, and those men who, he had every ;
reasos to believe, from the whole of their conduct, con- i
templated a mutiny. He therefore sent thew on shore, t
:fouler a sense of his responsibility for the property of i
. his owner*, and not thinking it safe to entrust such men ;
11(1011 his voyage homeward. He heard that there were ;
t‘vo British vessels of war—the Andromache frigate and t
the Slanev brig, then at Valparaiso on the coast, and I t
• thither sailed in quest of them, with a view to bring ;
those persons to a Court-martial for their mutinous be- ;
I.4viour, but those ships had sailed, and his purpose was I
thus defeated. What the defendant had done was from 1
1 i a sense of indispensable duty, and if a Jury was to be 1
found to award considerable damages to such persons, g
i it would be an encouragement to such actions. The I
i consequences would be ruinous to all Captains in the g
situation of his client, and no man of character and skill
i would be found to take the direction of such vessels ,
i henceforward. I
One witness only was examined for the defendant; sad 4
this appeared to he one of the men who aided the Captaia
is the endeavour to pot the plaintiff in irons.
The Souctrosi-liwiewit offered, that if the defence
was suffered pis rest here, he would be content to let the 1
1 1 i Sue rest with the Jury upon the evidence they had
, . beard. wittiest addressing a word to them. I
Mr. SCA MLITT assented. i
The Cuiar Justine, in the very few obsesvations he
;liii • Mt it .iecessary to offer to the Jury on this case, as it
: now stood, said, that no symptoms 441ffiatioy on the part
1 of the phased; sad *Npa aa dim
awit will' Mai, ap-
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