Capt

HILL AND OTHERS V. STARBUCK

dated 14th July 1825

Mr. Scarlett said that this was an action brought by the plaintiffs
to recover damages for loss occasioned to them by the
defendant's breach of contract. The plaintiffs were the owner of
a South Sea Whaler, called L'Aigle, and the defendant had been
employed as Captain of the vessel, in a voyage in which she
performed in 1823-4. The plaintiffs complained, that in
consequence of the defendant's neglect, they had been deprived
of 25 tons of oil, which they might have had if he had exerted
himself, and that from the same cause several tons of oil which
they did receive, were in such damaged state, that they were
obliged to be sold at a very reduced price.

In a former voyage the L'Aigle had brought home 280 tons of oil -
it was fairly calculated that she could bring home 300 to 350
tons. The defendant had entered into a contract when appointed
commander of L'Aigle in January 1822, being bound to proceed
round Cape Horn and use his utmost exertions to procure a cargo
of oil in as short a time as possible, which he was to bring home
with all reasonable despatch. The defendant was to receive 12%
on the net proceeds of the cargo, besides 12% on any bounty
which might be received from the government.

It would appear that the defendant had been misled by two
passions which often found their way into very honourable minds,
namely, love and ambition. The defendant could not resist these
passions, and he become their victim. Of all mankind, a sailor
should be the last to yield too readily to the solicitations of the
tender passions, whilst he was on a voyage and had a stern and
rigorous duty to perform.

No sailor in the King's service was allowed to take his wife on
board ship with him, lest in her society his attention should be
distracted from his duty to cares of a different nature. It is
apprehended that no commander of a vessel could be justified in
selecting an object to bestow his particular attentions on during
a South Sea voyage unless with the consent of the owners.

The defendant set sail in January 1823 and in spring of that year
arrived at the Sandwich Islands. He did not stay there any great
time, but it was long enough to lose his heart. From the
Sandwich Islands he went on his first whale-catching expedition,
but soon returned, borne on the wings of love. The Sandwich
Islands seemed to resemble the Island of Circe, which those
persons who had once visited it could never keep away from. On
his second visit to the island, the defendant took on board a
young woman of very fine form. It was said, whose personal
attractions increased to an extraordinary extent whilst she
remained on board. The defendant again set forth in pursuit of
whales with his fair companion, and on September 7th he wrote
to his owners that he had 275 tons of oil on board and that he
expected to complete the loading in two months. In the
meantime he said he was going to the Sandwich Islands to assist
the health of some of his men who were ill with scurvy.

The defendant, however, had another reason for going to the
Sandwich Islands - it was to put the young lady ashore, where, it
was supposed her accrouchement could take place more
conveniently than on board ship.

When the young woman arrived in her own country, she spread
the Captain's praises so industriously that he son became a
prodicious favourite with the ladies of the Sandwich Islands. His
reputation reached the Court circles, and her Majesty of
Sandwich was highly interested by the accounts which the young
female gave of the pleasant manner in which she spent her time
on board the vessel. What did the defendant do next ? It would
hardly be believed, but he abandoned the prosecution of his
trading voyage to receive on board his ship the King and Queen of
the Sandwich Islands, their prime Admiral, Secretary of State, and
other distringuished individuals. In order to accommodate the
Royal train, it was necessary that additional provisions should be
taken on board; consequently the vessel was stocked with about
400 hogs, a proportionate number of goats and sheep and 45
tons of water, the supply usually kept on board being only 10
tons.

The owners were kept in perfect ignorance of these proceedings;
and the first intimation they received of them was an
annunciation in a newspaper that the King and Queen of the
Sandwich Islands had come to England in L'Aigle, and taken up
their abode as Osborn's Hotel in the Adelphi. What had induced
the defendant to bring the royal personages to England - whether
it was the hope of being made a peer of the Sandwich Islands or
of obtaining some pecuniary recompense - the owners did not
know.

It might be supposed that when the defendant got the royal party
on board the ship, he would have come to England by the shortest
route; but that did not accord with his ambitious ideas. He
determined to show his august visitors something of the world,
and thinking it best to begin with that part of the world which
was new, he proceeded to Rio de Janeiro, and introduced them
and himself to the Emperor of the Brazils. The whole party was
received at Court there, and it was related by history that a like
honour attended them in this country. By this imprudent conduct
of the defendant, the owners of the vessel had been injured, and
for the injury which they had received they now came to that
Court for redress.

He understood that the ground upon which the defendant
intended to defend that part of the case which related to taking
on board the young lady of the Sandwich Islands was most
extraordinary. It was to be urged that the defendant was
justified in taking the female on board, on account of the singular
keeness of her vision, which enabled her to spy out the whales
which the captain was in pursuit of. If this plea should be
successful, it must be understood that in future a young woman
of the Sandwich Islands was a necessary part of the outfit of a
South Sea Whaler. It would be proved in evidence, that after the
defendant left the Sandwich Islands, he might easily have
completed his cargo, because the ship fell in with several whales;
but he was not in a condition to do that, having thrown overboard
the utensils for boiling the oil, to accommodate his royal friends.
It would also appear that the defendant had taken 29 months to
complete his voyage in, when he might have completed it in 24. If
the facts which he had stated should be proved, he trusted that
the jury would give the plaintiffs such damages as should
compensate them for the loss which they had sustained by the
defendants misconduct.

The learned council then called evidence in support of his
statement. The Attorney-General addressed the jury for the
defendant. He said that unless he was deceived by his
instructions, he would be able to give a complete and satisfactory
answer to every part of the plaintiff's case. The jury could not fail
to have been struck with one circumstances during the progress
of this enquiry-namely, that out of all the persons composing the
crew during the voyage in question not one individual except the
two apprentices of the plaintiff's had been brought forward to
give evidence.

The defendant had been most hardly dealt with by the plaintiffs.
During the three years that he had been in their service, he had
earned from 1,200 to 1,400: of which he had not yet received a
single sixpence; but, instead of paying him, the plaintiffs had
treated him with the present action. The evidence which would
be produced on the part of the defendant would be of the most
satisfactory nature; though unfortunately it was not oral but
written evidence for the parties who had given it being obliged to
leave the country, their evidence had been obtained in
anticipation by interrogation. The evidence to which he
particularly alluded was that of the person who acted as mate on
board L'Aigle at the time the defendant was Commander. This
person was now on a voyage in the service of the plaintiffs, and it
could not therefore, be alleged that he was subject to an undue
bias towards the defendant. The evidence of that man would
prove that the defendants had been most indefatigable in his
exertions to procure a cargo, and that he in no way neglected his
duty in consequence of having on board the female who had been
alluded to, although he did not mean to defend his conduct in
that respect.

The plaintiffs never complained of the defendant for bringing the
King and Queen of the Sandwich Islands to this country for
several months after they knew of this consequence. In fact, it
was the plaintiffs themselves who escorted the King and Queen
to Osborne's Hotel. The present actions had originated in
feelings of spleen towards the defendant, because the plaintiffs
had discovered that he was applying to the Treasury for
remuneration for bringing the King and Queen to England at the
same time that they themselves were making application for a
similar purpose. The plaintiff had a direct interest in bringing
home as large a cargo as possible, because he was to receive a
percentage on the amount.

The cross examination covered Captain Starbucks reasons and
explanations for the above with evidence given by witnesses
involved along the way in connection with Captain Starbuck and
the King and Queen of the Sandwich Islands. Should anyone be
interested in that I will add it if requested.

The Lord Chief Justice summed up the evidence and the jury, after
some deliberation, found a verdict for the plaintiff - Damages
�210