The Statesman.
London, England, 1819-07-17 00:00:00

THE STATESMAN.

M lted ease. 1111. corld net, itowever,forget, thus in
this Caw it yes sworn, that one of these parties hid
pledged himself to keep the other tett years in shot
Court.

COUNT OF KING'S ItEerff, JOLT' 16.
IIIIOOVI V. LrECII.
This was an action for en assault, committed by
the Defendant on the person of the Plaintiff, on
board the East Company's ship the Orwell. The
Defendant pleaded, first, that be was not guilty :
sad, secondly, that the assault was committed in the
ordinary course of punishment, by reason of the
mutinous. disorderly, Insolent, and improper midget
of the Plaintiff, sod of his neglect of duty ail board
the said ship, of which the Defendant was Captain.
The Plaintiff replied, that he had not acted in the
manner imputed to him, and thereupon issue was
'joined.
Mr. SCsaLvrr stated the case to the Jury. Ile
said, that the Plaintiff bad been a midshipman in his
Maki's% service, nod was highly connected by birth
and connections; but in consequence of the peace be
was swamis to employ his time to miss:stage, anti
accordingly he engaged as gunner's-mate en board
the Orwell. That ship sailed to China and back
ender the command of the Defendant. Daring the
homeward voyage, the stack of provisions became
eshansted, and at last nothing remained for the crew
bet rice and peas. When the skip arrived in Mar-
gate-reeds, the Plaintiff wished to clean some of the
guns ; the men complained of weakness. owing to
the want of proper and sufficient food, and the
Plaintiff himself then end red to go on with the
work, bat was enable to do so. He told the mate
(not meaning. however, that it should be contateni-
cated to the Captain), that the species of food which
he had had for several dais had seduced his strength
so much, that he could not move the guns. Tao
Captain came on deck, charged him with mutiny, hod
made preparations for flogging him, when the Plain-
tiff, preferring a watery grave to such iviominions
penishreetst, jumped overboard. 'fl. Captain, in.
steed of feeling remorse for this occurrence. espresso.'
a savage pleasure at the fate of the Plaintiff, and
when some of the crew wished to save him by petting
the boat out, he said, " Oh, damn him, lot him go."
A Deal boat. however. took hies up, and brought
him to the side of the ship, when the Captain antlered
him to be dragged up by a rope, and desired the host.
swain to flog him. Eighteen lushes were intlirte.l
upon him, while the Captain stood by, and desired
the officer toot to spare him. The Learned Counsel
said, that he %lipoid prove this case to the setisfac.
lion of the Jury, and should then leave them to
award such damages to the Plaintiff as the injury
required.
Francis Hallson, gunner of the Orwell, deposed, ;
that Captain Leech, the Defendant, was her Cos.
wander on the last voyage. On the 4th of May last
they were off Margate. The Plaintiff and some of
the nee bad been employed about the guns. Wit-
ness saw the Captain on the deck in a rage; be saw
him strike the Plaintiff, and then heard him order
him on the rep. TIN lirst mate was en the gear.
trr-deck at that time. The Captain desired the
'boatswain to tern the hands op. Whets they came
on deck, it was understood that the Plaintiff wee to
be flogged. An alarm was thins given that he was
overboard. A Deel boat picked him up and brought
him alongside. lie (meld not get up, end the De-
lenient ordered him to be heeled •p by a ropes-
I end. Ile was cold and shivering, sod complained to
the Captain that be was not well. The Captain said
he would make en example of him. lie had said,
that be was too weak to level theigens, at he had
not had a sufficient coantity of victuals. The Cap-
tain emitted him to strip ; and if he could not strip,
the Master was desired to cat his clothes off. lie
was stripped, and received 18 lashes from the boat-
swain. The Captain stood by at the lime, and said,
" Yoe have got a rascal there—do your duty. "
Witness did not know that Plaintiff had been a mid-
shipman before; bet bed always observed that his
conduct was very obedient and proper. There had been I
a short allowance for a fortnight or three weeks be-
fore ; they lived on rice and peas, having no bread
Or meat.
William Field, servant to the surgeon of the ship,
was below when the hands were ordered op for pu-
nishment. When be got op, Plaintiff was on the
poop, and the Captain on the rower-deck. He
herd him order the inestermt-arms to bring the Plain-
tiff on the deck ; be said he wield make an esample
of him to the ship's company for basing complained
of being kept on peas and rice. The Plaintiff then
jumped overboard. Some owe cried out, " loose
the beet." The Captain said, " Never mind him,
damn him, let him swim." The Deal boat took him
op. He was stripped and logged. The ship was on
short allowance. Si. barrels of beef anti perk were
takes set in China.
Peter Torney, a ammo, saw the Captain when
Me ordered the Plaintiff to be brought up. The
Captain said a word or two, did not hear what she,
were, and the Captain then struck him on the few,
and ordered hie es the poop. lie jumped over.
board. Witness and ethers were going to lower the
boat, when the Captain said, " Never mind, let
him swim, it will do him good." Two men in
a little host picked him up. He was stripped and
flogged. They had had a short allowance for two os
three weeks. Every man on beard complained of
weakness.
John Probe, was the argonaut of the ship. lie
confirmed the former statement of facts, and le ad-
'ailing deposed, that tbe Captain, speaking of the
Deal boat, said, " I bad rather have given one
hundred posads than 'bat that boat should have been
there."
Henry Earl, merges', In Denser's-street, °afar&
street, examined Plaintiff's back after his smite! in
Louden. It was is • state of considerable inflamma-
tion, sod there were four places where thi skin had
perished. The marks remained to this day, and would
remain.
Jane Rhodes, mother of the Plaintiff, denied, that
her son was a millshipmae, end by birth, edocation,
and connections, a gentleman.
Mr. MARKTAT, fur the Defendant, said, that it
was by no means uncommon to punish a Midshipman
on board a King's ship when he osiscondscted him-
self. He was himself related to several persons in
the navy, andbe had heard one of them (now • Com-
mander) say, that he remembered with great sat's,

faction that be had been logged, when young, for
improper behaviour. The Captain was placed in an
ardnesand difficult aiteaties ; he found it nee's.
ry, at such a moment, to check insubordination. and
the punishment which the Plaintiff received was not
particularly eeeeee sot sore them the offence in
question merited.
the following witnesses were then called :-
-- Cousins, First Mate, said that the ship was
1313 tons hordes : it was a large China ship: the
crew cr•osisted of 136 men, Including office's. Wit.
news ordered Plainiii to draw the gess, to take eight
hands, and be quick abort it, as the pilot wished to
get the ship coder way. The order was only in
pats peiformed : it could have been done in three
hours and a half. Witness asked why the whole of
the glens were not drawn ? He said they were all
drawn but fuer. Whose thee said, " I an spare
plenty of heeds." Ha replied, " 0, 1 can't de It.
I have been starved tee board this il--d ship: I
have bees fed upon pas.gravy las too weak to do
it." This was insolently spokes. Witness infettned
the Captain of what had passed. When the Captain
the Plaintiff's deportment was very improper
eas a kind of brand°. "the Coptsin said,
'166 What do you mean by pea.giraey ; have I not
Lowered the boat for provisions ? Yee ought to set
a good wimple, and not abase an Officer." Witness
did net observe the Captain strike his; bet heard him
order his on the poop. The Captain then ordered all
hands op: the crew aesembled. The Plaintiff jumped
overboard. Witness less about to lower a boat, bet
arse the Officers forward called out, " Then is a
boot off, Sir." Witness then nrdeted tiles "to
hold fast, and not to owes the ship's best." Ilate.
tilt was brought on board and logged; be received
IS lashes; it was not periicelarty seatf.•' all the
Gies •ere rowel to ace it. It.the outerard.boeud
passage. the Plaintiff's conduct was very bad; a man
of the name of Martin was petii.bed; there was a
slight inseberdination, and the Plaintiff joined the
disaffected. On the swain in question a boat had
been sent for provisions; the tome had been about
four weeks longer than usual.
Thomas Welsh was fourth officer on board the
ship. Ins Plaintiff proceeded to draw the gees in •
most dolstory manner. Never understood that he
ea. in bad health ; bisappearaoce did net exhibit any
symptoms of declining strength. Saw Plaintiff
speaking to the Mate; did not hear shot palmed ;
bet the Plaintiff eppeered to base bees speakieg to
Mm iu • mild sinner. Was present the day after
the logging, when the Plaintiff applied to the Sur.
*eon for something for his back. The wino said,
be did not think that the flogging was such as to re.
quire him to be on the skk.list ; and that it would
bete a bad appearance if he were on that list when
there was so injury. The Plaintiff said be did not
care for the flogging, but be conceived that he had
strained his back by jumping from the peep over-
' board. When there was a mutiny on board the ship,
witness saw the Plaintiff go among the disaffected.—
Witness bad the custody of the stores on board the
ship; the passe was eery tedious. They bad Ire.
11 qatitit *lmplies from other ships on their voyage, bet
is foul wind kept them at see longer thee they 'sped.
ed. Cep,. Leech killed his Cbieese pies for the ship's
pew ; some of them weighed from 30 to 401 b., they
were boiled is the soup. There was sot above eM
day that the ship was without salt provisions.
William &imser, Surgeon of the ship, deposed,
that the Plaintiff came to him, end asked him to look
at his back. Witness had seen him penished, sod
said, " Surely yew don't mean that the flogging
makes it necessary for you to apply to me." Ile re.
plied, " No ; it is on account of haying sprained my
back in overboard." Witness then gave him
something to apply to it.
The Sneed Officer of the ship deposed, that he
lived at the Captain's table. He begged to decline
answering the question whether there was a abort at.
lowance at leis table for any time • bet being told
that be most issuer that question, he said, that there
bad bees a short allowance for four or fee days.—
Th. voyage was very tedious.
Mr. SCSILITT then replied, sad
The Lean CHM JUSTICE summed up the case to
the Jury. He told them, that the only question for
their consideration was, whether the Plaintiff had
been guilty of mutinous, disorderly, and improper
condors, and of neglect of duty, se as to justify the
Defendant in inflicting punishment open him. The
eniscondect of the Plaintiff oo the outward postage
was irrelevant. Whatever punishment took place on
the 4,1 t of May, could be jostified only by mis.
conduct on that day. If they thought that the Plain-
tiff, under all the circumstances of weakness, arising
from the want of food, bad done his best to discharge
his duty, and had not beast guilty of disorderly con.
sleet, then the Defendant could not not be justified,
mod their verdict would be for the Plaintiff. The
moment of the damages was peculiarly for their cos.
sideration ; bet be had always said, sod he would
now repeat, that In cases of this nature the da.
maps should be estievated with temper sod mode.
ration.
The Jery withdrew for about half as beer, eel
theft returned with a verdict for the Plaintiff—Das
imager, 5001.

Fings.—Tlinntfoy moles, about seem o'clock,
the back part of the house of Mr. Roberto, bird.
me-maker, Belton-street, ILAng.scre, use dis-
covered to be on err, and the interior was soon roe.
souped; bet by the arrival of the engines farther via.
chief was preeented.—Another broke out at Mr.
Cunningham's. nyot.strret, St. Giles's, between
t varlet. and one yesterday morning. which enameled
most of the inside of the hoes. before it was rule.
gashed.
DARING BOIRSLAST.--•The basso of Mn,. Saloon.
burst, °to Bead-lane, Upper Ilampsiead•ro4d, was
broken 'redrafted h) three robbers ea Welnesday
marline, shout too o'clock, and the laver rooms
were literally stripped of every article that a man
triad carry. The family ere en the coast, anion
elderly woman. who oft an enwilling speetat..r of
all that parsed, had the care of the hoar. A cart
ass soiling to mosso the woods at the coiner of the
lane leading In Child's Hill, eel by ohkh hopes are
entertained that the villains will be detected.
hreellierner, aced 24; •n 4 Amer Culhank, •r 4
20, convicted at the law A.atzesf..r Mar. nt rnhhory
land house-breaking, were •,,e, wool on S•lordiy last
, at Wlsbech, smi.lst en immense. ontobts or 'reflation.