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Colonial Cases

Lylburn v. Thompson [1833]

passengers on ship

Civil Court

G.F. Moore, 4 December 1832

Source: Perth Gazette and Western Australian Journal, 5 January 1833

Lylburn v Thomson. - Mr G F Stone appeared for the Plaintiff. The claim set up was £15 for the balance of passage money for the defendants three daughters. No person could be brought forward who was present when the agreement was made in England.

Mr Commissary Lewis stated that he had repeatedly heard Captain Lylburn say that the children were placed under his especial care. He would positively assert that the children were not ill used. He mentioned this in the absence of Captain Lylburn, to protect his character, and would not allow any imputation to be thrown out without contradicting it.

Mr Clarke for the defendant. If the services were not performed Mr Thomson should be exonerated.

Here a letter was read in Court by Mr Clark from Mrs Thomson which imputed great neglect on the part of Captain Lylburn, founded on the representations of the Children.

Mrs. Trigg called. Came out in the Egyptian. The Children dined in the Cuddy more than 8 or 10 times. Afterwards dined "down aft". By the Commissioner, did not dine in the Steerage with the other Passengers, decidely thought it a kindness. They were always supplied from the Cuddy table.

The Commissioner - I should be very sorry that any odium should be cast upon a Gentleman whose Conduct to his Passengers has been universally commended.

Mr. Commissary Lewis, I am solely actuated in what have stated, by a wish  to remove any erroneous impression prejudicial to the interest of Captain Lylburn, who I maintain invariably conducted himself with the greatest urbanity and kindness to all his passengers. The Commissioner observed that he was glad for Captain Lylburn's sake, that Mr. Commissary Lewis happened to be present.

Verdict for the Plaintiff.

Mr. Clarke hoped that no immediate steps would be taken to enforce the payment.

Mr Stone replied that the Defendant could not expect any lenity after the attempt which had been made to traduce the character of the Plaintiff, in order to avoid the payment of a just debt.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School