3. discovering flaws and amending same. at intervals term reports. pollock died of his wounds, and was struck off the paper. gave him an undertaking.
4. a dies non. poor horne seized with lockjaw, and preparing for the long vacation.
[pg 165]
5. notice of action. enemy’s fleet put in an appearance, but non pros. horne demised.
6. joined issue with enemy’s flag ship. wetherell killed by a ball lodging in the inner temple, and denman subpœnaed by a bullet out of the main-top. enemy attempted to put an officer and fifty men in possession—but we served them with an ejectment. night coming on, agreed to withdraw a juror.
7. a violent storm, and a sail under a distress. taken in execution by a wave,—levied on longboat and three men, and all the hen-coops.
8. fell in with a portuguese brig, and lodged a detainer. have not received my share of prize, but have got a cognovit.
9. enemy moved for a new trial. bore up and fired a broadside; replied to same. admiral endeavoured, by intercepting the rear-most ships, to cut off the entail. boarding again,—obliged to fight with all my power of attorney. gave quarter to one man, he was such a special pleader. verdict—drawn battle.
10. chitty fell overboard from the mizen chains. action of trover failed. filed a bill of him in ocean’s chancery, and sent an office copy to his widow.
11. enemy brought a fresh action. boarding again, and obliged to defend in person. enemy nonsuited with costs.
to abbreviate pleadings, you will see that our time has been term time. plenty of work at overhours, and i am sorry to say no extra charge. but i am not going to take a bill of exceptions. i comfort myself for the loss of my arm—i have lost that limb of the law, dick—by reflecting that i am now like nelson, except the blind eye, and that i do not follow the hamiltonian system. sometimes, however, as i look homeward,
[pg 166]
and remember “dear morton,” i sigh to join you by a surrey-joinder, and to taste your surrey-butter. i think that is the legal mode of expressing it.
nothing can behave better than our men—from the principals down to the juniors. they fight as if they belonged to lyon’s inn. however, a good many have been ticked off,—including tyndale, thessiger, phillips, spankie, scarlett, gurney, wilde, burney, and some others of our acquaintance, who have received a general release. for my own part——
[letter enclosing the above.]
sir.
am sorry to say the man as writ the inclosed letter, with a bit of a log, fell down the main hatchway on the 16th instant at 2 p. m. was carried down to cockpit. but the doctor pronounced it a bad job, and after saying o law three times was a corps. he left no will nor no property, and was sowed up and heaved overboard, same day in lat. 41, 5 n., long. 8, 50 w.
i take the liberty of writing this that you may inform parents, provided there’s father or mother, as well as to his widow and children, if so be. should you be encouraged to come out to us in your friend’s place, you will be heartily welcome, and lots of as jolly good fighting as hearts can wish. so no more at present from
your humble servant
thomas benyon.
n.b. go to the duncan’s head in wapping, and captain bligh will tell you all about the bounty. that’s if you mean to ’list.
