Nelson & His World

Discussion on the life and times of Admiral Lord Nelson
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 Post subject: Litigious officers
PostPosted: Sat Jan 07, 2012 6:00 am 
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I am in regular contact with a descendant of Captain Samuel Sutton, briefly captain of Victory and close friend of Nelson. During her researches into her ancestor she came across a reference in the Naval Chronicle of 1802 to a Captain Sutton who sued his commanding officer. Further enquiries elicited a reply from the RNM, saying that the Sutton in question was Evelyn, not Samuel Sutton. 'It is however an interesting case which shows the entertainingly litigious character of the late eighteen century - a naval captain suing his commanding officer for 5,000 pounds damages, a sum equivalent to 10 times his salary!'

I am not sure what the cause of the litigation was.

Nelson, of course, also went to law in a dispute over prize money with Earl St Vincent.

Were lawsuits between brother officers common?

Incidentally, Captain Evelyn Sutton was also court-martialled on one occasion:


The Trial of Captain Sutton

Late Commander of the Isis, will come on at Portsmouth on Monday the first of December
Commodore Johnstone had laid against the above officer the following charges, viz.
"The delaying and absconding the public service of the country on which he was ordered on the 16th April 1781: and for disobeying my verbal orders and public signals, in not causing the cables of his Majesty's Isis, then under his command, to be cut, immediately after his getting on board, in order to put to sea after the enemy, as I had directed: and also from falling astern, and not keeping up in the line of battle according to the signal then abroad, after the Isis had joined the Squadron, and cleared the wreck of the fore-top mast when I bore down upon the enemy about sun-set of the 16th of April."

Signed George Johnstone.

In support of the above accusation, the Commordore has subpoenaed the following witnesses, viz,
Major General Meadows,
Capt Tho. Pasley
Capt B. Home
Capt. J. Wickley
Capt. A Christie
Lt. W Reid of the Isis,
Mr Savage Master of the Isis,
Lt Cable of Jupiter
Lt, Henry Montheith, Marines,
Purser Mr Maxwell of the Romney


Can anyone add any more biogrpahical details about Captain Evelyn Sutton? Was he a connection of Sam Sutton's?

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 Post subject: Re: Litigious officers
PostPosted: Sat Jan 07, 2012 5:06 pm 
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Hi Anna,
I have done a little web browsing on Evelyn Sutton. I have found a few snippets which my be of interest. He is listed on a document concerning the Thoroton family, produced by Nottingham University:

Roosilia Thoroton (1752-), married her cousin Captain Evelyn Sutton of Screveton, illegitimate son of Lord Robert Manners-Sutton, son of the 3rd Duke of Rutland, and had:
• Admiral Sir Charles Sutton (1775-1828)
• Roosilia Elizabeth Sutton (-1835)
• Isabella Mary Sutton (-1836)
• 2 other children


The second entry is incorrect the eldest child was a Colonel in the army not an Admiral. I have found two obituary's which confirm the other information is correct. The first is for his wife Roosila:

4. At the rectory, Bottesford, in her 77th year, Roosilia, widow of admiral Evelyn Sutton, of Screveton-hall, Notts, and mother of the late sir Chas. Sutton, K.C.B. (Dated 4th January 1830.)

The second for their son Sir Charles Sutton:

“Of a sudden attack of apoplexy, aged 53, colonel Sir Charles Sutton, knight commander of the Bath and of the Portuguese order of the Tower and Sword. He was the eldest son of the late admiral Evelyn Sutton, of Screveton, near Bingham, and nephew to Mrs. Manners Sutton, the lady of the archbishop of Canterbury.” Annual Register- 1828, p. 228:


Evelyn Sutton, died Rear Admiral in 1817, his will is available from the catalogue of thenational archives, which may show more detail of family :

Online Document PROB 11/1596
Will of Evelyn Sutton Rear Admiral in His Majesty's Navy Screveton , Nottinghamshire . Will of Evelyn Sutton Rear Admiral in His Majesty's Navy Screveton , Nottinghamshire
Date: 1817


Samuel Sutton was born in Scarborough in 1760. His parents were William Sutton and Jane Minithorp, there is nothing apparent to me which links the two men.

Incidentally I noticed on the National library for Australia website. That they have a significant collection of the correspondence of Evelyn Sutton. Most concerns his court martial, I would imagine it would be quite easily to access it:
http://trove.nla.gov.au/work/18790969

Richard.


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 Post subject: Re: Litigious officers
PostPosted: Sat Jan 07, 2012 8:03 pm 
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On second viewing, the collection mentioned in the URL is in fact a book. It is readily available through ABE, mostly print on demand!

Must learn to check the small print!


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 Post subject: Re: Litigious officers
PostPosted: Sat Jan 07, 2012 9:57 pm 
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Sutton is a very common name (which really has not helped web searches for any Sutton images...)


Anna, you 'might' be interested in the following book

http://www.amazon.co.uk/gp/product/0099 ... ROKL5A1OLE

if only because he apparently looks at Charlotte Sutton's story whilst traipsing across East Anglia. Not normally my sort of book so it might be utter rubbish though.

Joss


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 Post subject: Re: Litigious officers
PostPosted: Mon Jan 09, 2012 1:04 pm 
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Incidentally can anyone confirm Sam's parentage? as in what historical document references that these were his parents. This request is only because there were two Samuel Suttons born in Scarboorough in 1760.

The first as above on the 17th June 1760 Christened 22nd July 1760 to William and Jane

The second 15th December 1760 Baptised 22nd January 1761 to Thomas and Isabella

I presume the parentage is correct but would like to know how this has been confirmed...


Joss.


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 Post subject: Re: Litigious officers
PostPosted: Mon Jan 09, 2012 1:53 pm 
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Joss:

I've just received this message from Sam's collateral descendant re: Sam's parentage:


QUOTE:
'I know for sure William and Jane were his parents! (From the family bible which I have at home) and also their first born was William and their daughter was Jane who became my however many great grandmothers! 4 x's!
Jane Minnithorpe Sutton is my 5x great grandmother! (sams mother)
Jane Sutton Beswick Was used for my families names for several generations afterwards!
They lived at Newborough House
1Newborough Street Scarborough.

END QUOTE.

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 Post subject: Re: Litigious officers
PostPosted: Mon Jan 09, 2012 2:08 pm 
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Perfect, thank you Anna. As you are probably aware there is a lot of internet information out there much of doubtful provenance..

Joss


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 Post subject: Re: Litigious officers
PostPosted: Wed Jan 11, 2012 1:34 pm 
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I'll pass on your thanks, Joss.

In the meantime, G. has sent me a contemporary report of Captain Evelyn Sutton's court martial. He was acquitted. Scroll down to p 665 for


http://books.google.co.nz/books?id=Tt8R ... &q&f=false

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 Post subject: Re: Litigious officers
PostPosted: Thu Jan 12, 2012 10:32 am 
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One potential link (though currently a very loose one) depends on Sam's method of entering the Navy. As he entered as an AB at 17 this points to patronage (if he was just a young lad volunteering he would have been a landsman unless he had been a fisherman which is not improbably but considering his education and rapid promotion unlikely).

The most likely scenario is of his first Captain (Rowley) signing him up as an AB because his official Midshipmans berth was full and then promoting as soon as a slot became available.

This then leads to assumptions concerning how that patronage was organised. It is likely to be

a personal connection between William Sutton and Rowley
an approach by William Sutton as a prominent businessman (or similar) to Rowley
an approach by Samuel Sutton that impressed Rowley directly
a naval relative - the two most likely candidates being Captain (later Admiral) John Sutton or the Evelyn Sutton mentioned above.

The late age of joining is also interesting which perhaps points to a less close link or possibly even local trouble.

I will add to my list investigations on Rowley to see if I can get a closer answer than guesswork on this....


Joss


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 Post subject: Re: Litigious officers
PostPosted: Fri Jan 13, 2012 5:18 am 
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Many thanks, once again, Joss, for your input.

We've got two threads running here - Sam and Evelyn! So to return to Evelyn for a moment. G. sent me a link about his dispute with Johnstone but I can't get it to open. A little Googling, though, produced Johnstone's wiki entry with this comment about Sutton's litigation. Johnstone, apparently, 'attempted to place much of the blame for his delay in chasing the French on a subordinate, Captain Evelyn Sutton of HMS Isis, and deprived him of his command and substantial prize money. Sutton was arrested and court-martialed, but acquitted.[18] In response Sutton brought a suit against his former commander.[1] Johnstone had to contest this suit, protracted by appeals, for the rest of his life, with it only being settled in his favour two days before his death'.

Sutton's case against Johnstone, like Nelson's against St Vincent, was over prize money. I wonder how common this was. Imagine what the lawyers' fees were!

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 Post subject: Re: Litigious officers
PostPosted: Thu Jan 09, 2014 7:00 pm 
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You might be interested in this dated the 13th of March 1786:

Statement by Captain Thomas Pasley

Whereas a most insidious, malevolent report, and circulation of certain letters and papers, has been promulgated in a clandestine manner among my brother officers of the navy, by some unknown persons or person, charging me, in the most pointed and direct language, with having, on a certain day, gone to Newgate with a Mr Sykes, Navy Agent, Crutched Friars, to a Mr Savage, late master of the Isis, then, and at this time, confined in said prison for debt, and did there, by fraud and artifice, and afterwards by framing and forging a letter to said Savage, endeavour to draw from him some particulars touching the cutting of the Isis’s cable in Praya Bay, when attacked by the squadron under Monsieur Suffrien, and other circumstances equally tending to vilifying and stain my name with dishonour, and thereby to degrade me in the estimation of the corps to which I belong: Therefore, as soon as I was made acquainted with this infamous calumny, with a view to do myself justice, I seized the first moment, (the 8th instant) of meeting a most respectable number of Flag Officers and Captains, at the Star and Garter Club, and there, in the most unequivocal manner, contradicted the whole, as most notorious falsehood in every sense, pledging myself as a man of honour, to trace the author with unwearied pursuit, and to bring him to account if possible: that on the subsequent morning, in order to prosecute the same, I requested as a favour, that Captains Onslow and Ford, men of unquestionable voracity and reputation, would accompany me to Newgate, to see if the said Savage would recognise the identity of my person; and which they consented to, from the best of all laudable motives, that of endeavouring to rescue injured innocence formed the envenomed power of calumny and malevolence: That on gaining an interview with said Savage at Newgate, he was alternately and repeatedly asked by Captain Onslow and Ford, whether he knew Captain Pasley? Whether any of the three persons present was the person that accompanied Mr Sykes to that place for the purpose before stated? To which the said Savage replied: “That he really could not say that he knew Captain Pasley (then looking at him), any more than by name; that he could not say either of the three persons were Captain Pasley, as a change of dress might alter a person very much; and at last, that he never did say positively that Captain Pasley was with Mr Sykes, but was afterwards told so by a person; which person, on some interrogation, was a Mr Galbraith, and that Galbraith was now abroad,” and then left the room precipitately, entered the ward or place of confinement, desired the keeper to lock him in, said he would have nothing more to do with them. Upon which, Captains Onslow and Ford, observing that the said Savage seemed too well hackneyed to let truth come forth, advised me to go immediately to Mr Sykes; which I did, accompanied by them, and having obtained an interview, the case was related by me, Captain Pasley, to Mr Sykes, with a desire (for the sake of my reputation, that he should discover the name of the person who went with him to Newgate, as set forth in papers produced. To which Mr Sykes replied, with a little hesitation, that it was not Captain Pasley; but on being further pressed by Captains Onslow and Ford, he declared freely, that the person who went with him was Captain McLaurin, and not Captain Pasley. And I do declare this to be the true state of the case.

Captain Thomas Pasley.

We the undersigned persons, Captains Richard Onslow and John Ford of His Majesty’s Navy, do hereby declare, that the above narrative is, in every instance, a most religious truth; and it appears clearly to us, from every investigation on our parts, that Captain Pasley has never been concerned, either directly or indirectly, in the above transaction. In witness whereof, we have hereunto affixed out names this 13th day of March 1786, in Newman Street, London.

R Onslow
J Ford

In Justice to Captain Pasley, whose character has been traduced by the circulation of certain letters and papers, as above stated, a copy of which I do hereby acknowledge to have delivered to Captain John Carter Allen, of His Majesty’s Navy; therefore, I now most solemnly protest and declare, in this public manner, without the smallest hesitation or reserve whatever, that I am fairly and fully convinced Captain Pasley had no concern whatever in the above transaction, either directly or indirectly; and further, I do confess to have acted very improperly, by circulating the same without sufficient authority.
Given under my hand, in Newman Street, this 13th of March 1786.
Evelyn Sutton.

NB. This paper, with the original signatures, to be seen every day at 8 Newman Street.


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 Post subject: Re: Litigious officers
PostPosted: Thu Jan 09, 2014 8:45 pm 
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Many thanks indeed for that interesting post, Malcolm, and welcome to the forum!

Phew! Poor Captain Pasley was in a fearful rage, was he not? You can feel his fury steaming off the page. He was a witness at Sutton's court martial so there was clearly some bad blood between them that must have led to Sutton's subsequent accusations - very humbly withdrawn, and no wonder in the light of that furious reaction. I'm surprised Pasley didn't challenge him to a duel!

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