Polynesian., 1844-06-22

"The third case Of grievance above enum.
Grated is that of Pelly as. Charlton.
"On this, as on the preceding case, Her
Majesty's Government, having called in the
aid of the principal law adviser of the crown.
have taken the following view of the matter
and adopted the decision which will be here.
in after stated.
"Mr. Charlton, amongst other objections
to the manner in which this case was tried in
the Sandwich Islands, which he alleres tc
have been in many respects contrary to law,
but which allegation does not appear to Her
Majesty's Government to be fairly borne out,
has adduced one objection of serious weigh,
and Importance; namely, that no notice o.
action had ever been served either upon him.
self, his wife, or his Attorney, and that the
jury, without hearing any defence, gave yer.
dict against him for 5000 dollars.
"But upon consulting the other documents
on this case, it seems that a summons was
served at the house Of Mr.. Charlton, in which
Mrs. Charlton, who describes herself as the
authorized attorney, of her then absent hus.
band was resident; and also at the house O.
MIR. Skinner, his Agent.
therefore, the allegation of illegally or
this most essential point falls to the ground.
"The facts of the case are shortly, these,
Mr.. Charlton having, in conjunction with a
person named Reid, chartered a vessel (call.
ed the Victoria,) for the purpose of making a
speculation from Valparaiso or Lima, to the
Sandwich Islands, on the 3rd of November,
1882, addressed a letter to Messrs. Sewall s.
Patriotism, of Valparaiso, in which, after in.
Producing to them, Mr.. Reid, the bearer O
the letter, and stating what funds Mr. Reic
had with him, he proceeds thus:
elf goods suitable for this market can be
purchased at Valparaiso, MIR. Reid will do it
provided he can obtain credit for 5000 or 5000
dollars, either on our joint account or on mine
alone. Mr.. Reid is we'll acquainted with this
market, and | shall agree to any arrange.
ments he may make for our mutual benefit
Should you have any goods that will answer
and feel disposed to let me have them or
credit, say eight months, you may rely upor
receiving your money when it becomes due
or if you can put Mr.. Reid in a way to make
purchases on favorable terms, you will much
oblige Yours etc.
("Signed) RICHARD Charlton"
gu pom the strength of this letter, it is stat
ed that Messrs. Sewall & Patrickson furnish.
ed Mr.. Reid supplies to the amount of 474l
dollars; that goods were purchased and ship
ped at Valparaiso; and despatched in the
Victoria to the Sandwich Islands, where they
were received and disposed of by Mr.. Charl-
ton himself. MIR. Charlton's account of this
part of the transaction is somewhat different
He says that Reid took with him funds to the
amount Of 5000 dollars, of which Sewall s
Patriotism were duly advised; that on Reds
arrival at Valparaiso he confided the funds,
which he carried with him, and the manage
ment. of his business, generally, to Sewall s
Patrickson, who invested about 5000 dollars
in goods, under his (Reid's) selection, which
were shipped and sent to the Sandwich
Islands, Reid himself remaining at Valparai.
so; that they then sold him (Reid) a vesse,
for Alto dollars; and that they did not, unit
September 1884, intimate any intention o.
charging the cost against his letter of credit,
He contends that Sewell & Patriotism had
no right to appropriate any part of the funds,
sent by the Victoria forth purchase of goods,
to the purchase Of vessel; it not being, as
he asserts, for the mutual benefit of himself
and Reid, the vessel having been sold to Reid
solely on his own account.
THAT which is contended by Mr.. Pelly, on
behalf of Messrs. Sewall s. Patrickson, is, that
the only question which they had to consider,