High Court Of Admiralty, ...
1 J 5HLnga TO stated that this was -rcats,of damae, civil and ariime,nioosedby enry, Thiompson, a man of colour, laurdg mrtime, tomoted b3 i lt sei' arrvinth gerto -nd lately cook'on board the ship A!i, cnOzrt ,against Jamgen Mahon, la telY master-of the said ship, by reason of his having been cruelly fdoaced and otfarwiis' maltreated by forer of' relahon, in the 3hip's vorage L4st year from Alhadras to Lanon. The libel given in one behalf o f Thonmpson pleaded, that in April, Ml2, the Aginicourt then lying at 1adras toise, Thompson whired as cuddvkcook, and during the whole voyage, and until th t ship's arrival in the port of londor, on the 21st o tNovember, JPc3a always did is dcuty in. that cafanny, escept when disabled. frem flogging to perform it; that on the moring of the 2sth of Jt,y. Thoiintson had given his mate some rice to wais, when hMi an caa'she outsor his crbin oan deck, ard, accoating him with the Voids "d lhat are you doing, you dao-d black son Of a t " without waiting for any replv, kocked him dos n again-i v water-cask, whereby he was severclY hurt; and that, on hio r.en1eptsing to rise, Thompfon was dgain knocked down ,lth a Kti-ntrni bowline bo yahon; that on the samn-morning, about landdof,ast dtevefi, the Captain camc againt o deck, and, orde- Ing 'als ands abaft, directed the yoatswain to cut up the log-line an thecat-o'-ninedtails; thathe himsalf knotted aixof the lines; and, after the boatswain, wio proceeded to flog 'lhompson with evident 3elditance, had given hiu a few lashes, Mahon cried out i lYoii are only playing with the cat; do yoer duty, Sir," and inade-him lay on till he bad two dozen lashes. After thig, according to the libel, the Captain said ta the man, "fYou dthc:nd r scal, I have onlm begun it'h vou if I Erear another word, I will see your back- bone." Thompson was laid up for sonme dayp aeftcr this; and when he was recovered, on the 12thi of August following, Mlahon said to hirm, "N'ilow you have done sculking, you shall go and do your dity before the mast." The man at first to snonatrated, saying thant hc was only hired as cook ; but. upon being threatened, he did the dusty of a seam a nIl the temainder 'fithe voyage bhome. Mahon wabs -'neaar. to ala heshld giot he eas, till hi saw the da"',ght thirousg hiimd, alludin- to sending a l ietiolhall throinciiplyt thn suport of thi fibel, the surgo of chi~ ship; Col ti-el Pereira, an officer in the hlonourable Companyti service ; thn Licuteniant Trurner, also an officer-in the same ttrice (both of them phadengers), together with Joen Kell, a gbfol'ebr in the Eubopean artillery of India, and two of the ehip's CtVin, were exforined. Froin their evidence it appoared that Captain Ithahoin and his passengers were engaged in perpti ani quarrels all the I'oyage, and,that one of the ship's coinp ny had gonec so far as to swear the prace against him, either in th 'a tle of France or at St. Helena. On balt' of Captai a f Irhi, a responsive allegation was given in, cbarging Thompson -with mutinous expressions and con, duc, nsoene,and deser'tion at Port Louis.. The witnesses in thi alegaionspoke, principally, to the levity 2and - indiffetrence iTh hirgue bore the floagno--augbing t-it whlien over, and Tyn it' was nothing, for he hadoften received three timesa as mi ch booebreakfast on board a man of sa,t his having been once putiniros or nsbodintin,...hishraknz out of them, and throingthe orrbord,andhiagenraly volent and quarrelsome behvior. o tis leaa frthr rsposiv '1egation was given an rply by homson,dening he actsof utiy, miscondluct, The argument of counsel was net comiipleted when the Couart TOse The cat.o'-niae-tails waLs produceed its court as an exhibit. IUIET COURT OF ADIMI!AT.Tv AT1 ')R THE AG1'C l ' -,