The Sun. — 1827-04-23 (London, England)

COURT OF KING'S BENCH. ROLLIDAY V. MESSRS. XNDRRBY.  Mr. SCAULATP (with whom WAS Mr. PLATT) stated that this was an action brought by the Captain of the ship Rambler against the defendants, the owners of the vessel, to recover ---. 1., the amount of wages allowed to be due to the plaintiff for his services on a whaling expedition to the South Sea.  It appeared from the evidence of the plaintiff's witnesses, that the voyage commenced on the 16th February, 1823, a few days previous to which the ship's articles were dated. The plaintiff signed the articles, as chief mate, in which character he continued until the arrival of the vessel at the Friendly Islands. The vessel proceeded direct from England to Port Jackson, and from thence sailed on a cruise towards Sunday Island, where a whale was caught.-They looked out for other whales, but did not succeed in taking any, until they arrived at the Friendly' Islands, where a series of circumstances occurred which put an end to the expedition. Two black men ',UVmg deserted from the vessel, the captain, whose naine. was Powel, went ashore in pursuit of them, with four of .the crew, and all five were inhumanly murdered by the Inhabitants. The plaintiff having thus become the clu"f officer of the ship, of course took the command, and returned to Port Jackson, where he arrived early in APill 1824, and immediately took measures to make up his crew in order to proceed on another whaling voyage. Not haring succeeded in this object, by the advice of a person named Campbell, the ship's husband at Port Jackson, he left that place on the 10th of July, and proceeded on a return voyage to England, with a crew of 24 men, 10 of whom had been hired at Port Jackson, as substitutes for the same number who had deserted or were lost on die voyage. The ship came home with a freight. The COMMON SERGEANT, with whom was Mr. Parke, addressed the jury on behalf of the defendants, whom he described as merchants of the highest respectability, who declined paying the plaintiff's claim on the grounds that he had abused and neglected his trust, incurred unnece,,sary expences, and altered the voyage and destination of the vessel, without any authority, by changing a whaling o%,ln7rs.einto a trading voyage, to the certain loss of the  In support of the defendant's case, witnesses were produced, who swore that the plaintiff might have got a sufficient number of men to proceed on a whaling voyage at Port Jackson, and that he had made an unnecessary delay at that Port, as well as at St. Helena, where the ship touched on her voyage home. It was also stated, that 3 crew of fifteen men would have been amply sufficient to navigate the vessel from Port Jackson to England, and that the plaintiff during the voyage had grossly misconducted appeasing intoxicated, keeping himself, by a woman ou board the ship, and neglecting his duty. Mr. SCARLETT having replied, The LORD CHIEF JUSTICE, after summing up, left it to the Jury to say, whether the plaintiff was entitled to the wages which he claimed, and if lie were, whether he had or had not forfeited his claim by misconduct during the voyage. Verdict for the Plaintiff.--The amount of damages to be ascertained by arbitration.