Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-10-13

his commander, Tor faiSe imprisonment, ga,
tried in Liverpool onShe twenty sixth of An,
gust last:
COOK DAVISON-The declaration :,
this case stated TIE pian,lf WAS mariner, and
sailed in a ship oil which the deIrnuau, W.,
master; and that the latter assaulted and fsl,s.
" imprisoned he plaintiff III dungeon AN
Orb ans, Whereby he sus' aimed great personal
injury aud contracted the yellow fever. The
drfcndan, pleaded tha. the plaintiff neeIrrr,5
his employment, and refused to obey orders
whcreupon il became necessary, for, the ssr.v
of the ship, 10 chasllse him. Tie plai, 4
reulied thar the d frndanl had no such eau>s
cause; and ,heIrupon ISSUE was Joined
Mr.. Brougham said that the d,frndan, wac
Captain OF The ship Cyrus, Of Liverpool, and n.
plaintiff was carpenter on board lhatve.seE and
that he should be able 10 show that the d,E,.
dan, had said oil him that better wo kman in
hi, line, he, the defendant, had never known or
a man that would do work: indeed, on al occ,.
Sions the defendant had expressed him self hipb.
" sai,fied with him. II vnfori una civ hapnrrrd
however, that there was on board the ,rs,el,
maze who was no, sow'll disposed towar,, III.
plaintiff, and who appeared TO scsk an o9por,u
ni'y Of quarrelling with him on oil occasions;
so much so, than the captain had found il ne
cesSarv to interfere, and tell the plaintiff to r.,
ceivr instructions from him, ard ror t. DAY ah
:enticn TO The mate. " hen the rtss,I wa, At
New Orlean,, in May last, the p'aiu,iG was en-.
gagged in performing some wcik upon bach,
way, when the mate according 10 his Gust m,
came and found faul, Wiki, and said he would
split it with . crowbar. The pllin if said tie
work was done properly, and declined to do i,
in any other manner At this time The captain
was on SHOE; but he shortly al crwa'd Came
on board, and, on being .ppea'ed TO, 4, first
expressed his saiIsfactio With the Mariner in
which he work was performed. He was. how,
ever, subsequently taken aside By ,h, mate, who
no doubt, said some ,irg TO prejudice HIM =
gains, the plainIitI; Tor, shortly afterwards
constables came on board, laid hold Of rhr plain.
,iff dragged him ashore, and confined him in
dungeon about three yards spare, where, 10
that burning climate, he was cnnhnrd along
With no less than % other persons Such was
he state of,he roof Of that prison, that the rsin
Ahich, in those climates, occasionally poun
down in torrents. made is wa, ino II 10 such
a degree, that The poor fellow, who were con.
fined there, were obliged to creep into oornen
10 ge, out Of The way. In this place tue plain
tlff was kept for twelve days until the ,essclha
set sail, AID wa, then only released because ne
captain was afraid Of rendering himself liahIen
the provisions Of law lately passed, by whih
masters of vessels, leaving seamen behind tim
in fore ign countries ARE liable TO be punishelo'
a misdcmeanour The consequt nee oil this Con-
6nt ment to the plaintiff was, tina, he contract
cd the yellow fever, or The black ,omlt,or what
ever else il might be called which was prtuIl,f
| 20 the climate, under which Of coursr he sui
fered extremely, and it was lorg lime b.io''
his health was rs.estsblished. For this our e
therefore, NJ nau brought his action agaius,r ne
defendant, and, no doubr, the Jury would rhnk
him entitled To exemplary damages.
The steward of the ,esseIwas called to pro,
the plaintiffs case. II appeared from hi, r,i
dence, that the mate had sen, for the constable,
or, as the witness called them the G n Dr. ar
my before The captain came on board, and The
latter did no: interfere in the ,ransac ion. Mr.
Roger Whitrht al, Of Liverpool, was the a.
torDey in the case.
George Bolton, seaman on board another
vessel, who had been confined in the prison
long with the plaintiff, proved The length ofts
Imprisonment and hr nature of the ace u
cross examination, he said that seamen unG
into custody ct New Orleans, were frs, car,t
TO i place called the caraboose, which VS.
sort of guard-house, and were taken b'fDnl
magistrate before they were sen, to the JAIL
ihe magistrate, however, would no, hear rbrr
speak: they would only hear the cqp:ain.-A
la"gh)
.. Then there is no liberty or equality il |
thai hapPy land'-A. No, not much, am sure
Another witness proved thar when The vrs,.
returned to Liverpool, The Captain said b:
was sorry for the imprisonment, which the I!i'
ter had sustained
Mr.. Williams, for The defendant, asked bis
Lordship whether there was any case to 80 "
the jury?
MIR Baron bullock repIipd that there Ger.
taI"ly was. The captain had the command o.
his own ship, and was liable for VIVA, tie max
did liz his presence. J.
Mr.. Williams then said he should prove lt!
I he plaintiff had been ordered by The mate .
fasten 'arpawling over the ha,chway in pa"
'icu'ar manner, by mailing slips Of wood ot'
the edge, 10 prevent them from tearing; bul h'
defendant refused, and would only pur The ni'
through thr edge Of the tarpawiins. His h''
suage and behaviour in the presence Of 5'
crew were extremely violent, AID, therefore, ~
m in nrIk In ii