Star. — London, England, 1822-01-23 00:00:00

ADMIRALTY SESSIONS. ;;1 I t h• ~ l ii `0 ~~~~ ~) Yesterday, John SteMins, if Butcher, sen. nomos Ellis, HlUinta Butcher, jun. and John Den . my, were placed at the Bar, charged with a conspiracy. The indictment set forth, that a certain vessel, the Westmorland, being in a state of distress on the high seas, within one mile of Lowestoff, on the coast of Suffolk, a life-boat was sent off to her assistance; that the defendants did conspire to prevent such as sistance being afforded, and in furtherance of such intention did cut the rope by which the life-boat was made fast to the Westmorland. In consequence of ' this conduct of the defendants, the vessel was wrecked, and the Captain and three seamen lost their lives. • Sir C. Roatuson, in opening the case, said that the object of the Lords of the Admiralty in directing this prosecution was, that a strict legal inquiry m ight be made into the facts, and that the erroneous opinion which seemed to prevail very generally as to the law respecting boats being first to afford assistance , in cases of vessels in distress might be corrected. The Learned Geutleman then detailed the facts of the case, and to support them called the following evidence Thomas Tate (examined by Mr. JERVIS).-1 was, en the 7th of December, a seaman on board the brig Westmorland, bound from Stockton to London.— Captain Ryder was master. She had, besides, four 'nen, a boy, and one female passenger on board. She was of 108 tons burden. On the 7th of December the brig struck near Stanport, and unshipped her rudder. The effect of this was, she altered her course, and went on the Newcomb sand. She had a cargo valued at I:6000 on board. It was a full cargo. In consequence of her striking on the sand, she was in danger, as she might have gone to pieces. As soon a she got on the sand, the Master ordered the anchor to be let go. It was so ; but it had no effect, as she continued to strike. It was then flood tide. The cable was then cut by the Master's orders, and we hoisted the signal of distress. In consequence of this, four or five boats came out to us. Among the rest a yawl, caled the " Seaman's Assistance," with a crew of from 1.5 to 20 men. Among the crew of the yawl were all the defendants. We threw out a warp (a rope) to them, and they hauled up close under our larboard bow. It was then the weather bow. Soon after this, a life-boat came off to us ; but before she arrived, the yawl had put two of her men on board. These were John Stebbings, and Butcher, jun. In two or three minutes after, the life-boat came up : our signal of distress was still flying. Stebbings, as soon as he got on board, went to the signal and took it down. Ile was a minute or two or more at it. I did not hear any orders for taking down the signal. I was near the Master then. I heard no cry from the yawl on the subject. The signal was on the larboard main rigging. While Stebbings was cutting down our signal, the life-boat came up under our lee bow. She was under sail. I can't say how many persons were on board. IVe threw a small line o i board them, which was caught by Lieutenant Harmer, who made it fast in the boat.—Upon this I heard several voices in the yawl cry out " Cut her away—cut her away." Stebbings then came towards where I was standing, on the star board bow. I asked him to assist me in throwing out a warp to the life-boat, as I thought the small line would not stand. He paid no attention to me, but immediately went up and cut the line by which the life-boat was made fast. The boat immediatey drifted to leeward. She went off very fast. The tide was then setting to the southward ; the sea running very high. She drifted about a quarter of a mile from us. I told the Master that they had cut the life-boat away; and he cried out " The villains !" " the villains r several times. No one, that I heard, ; had given any orders to cut the boat away. The brig veas at this tinge in great danger; she was lying on the sand. The men in the yawl must have heard Captain Ryder say " the villains." Upon hearing it, Stebbings went up to Captain Ryder and said, "they (meaning the life-boat) have no business here. The ship is ours. We are your safe-guard and protection. You are as safe as if you were on shore, and we will take you on shore." I went away, and did not hear what more was said. The brig then began to float a little with the flood-tide. We got some sail on the vessel, by letting go the jib and fore-staysail. Our object was to get the ship before the wind, and to run her on Lowestoff beach. We got her off the New comb, and into qnite a good channel. She had been on the sand an hour, and was beating all the time. She remained about twenty minutes after the line was cut. It was not by the assistance of the yawl that we got into deep water. The yawl put six or seven men on board. We did not know at first that the vessel had strained, but afterwards, on going to the pumps, we lound that she was in a sinking state. I told this to the men of the yawl, and desired them to haul up the yawl and take us in, as the ship was sinking. They hauled up under our stern, and we got on board of her ; as did also the cabin-boy and the female passenger. I was anxious to get on board. As soon as the boy and the female had got on board, they (the yawl's crew) loosed the warp, and left us. They left six of us on board. We called out loudly to them when we saw that they were going to leave vs. They must have heard us then, as they were not four yards distance from the brie. They paid not the least attention to what we said to them— Three of us had put our clothes on board of the yawl. We all considered ourselves in great danger. We were chock aft to get on board. The yawl, I understand, was twenty-five tons. She could have taken our crew and fi fty more without dange r . All this time, the life-boat was lying about a quarter of a mile to the east of us. The land was then on the west of us ; the wind was in the south. This was about four, or between that and five in the afte rnoon . It was beginning to be a little dusk. The life-boat might then have seen signal, but we could not put we. When the yawl helpless from di:- nog hard towards about 200 yards of boat, and two of When the vessel took boat and the two The same sea , where I remained ime down and went on the cable; soon Ohm The rud der was washing Up and lova, wad it struck him 0 the head and disabled hilts. ' Uwe a little I got him on board again, but he could not stand. I told bins! that Southeren and I were going into the edits-top, and we wished him to go with us. We stopped' by him for a good while, and he held on as long as he had life; but several seas struck him after this, and be fell dead. I saw him quite dead. I then got into the main-top along with Southeren. It was about six o'clock in the evening; we continued there until two the nest morning. A boat had put off to us from Peakfield, and a small boat from Lowestoff; but up to two o'clock neither of them could come on board.' At length the boat tot alongside, and Lieutenant Harmer was put on Rgtrd of us; as soon as he got on board, his boat was •bliged to cut away and leave him. He called out to us to conre down from the main-top, and assured us that he would net quit the ship until he saw us safe. He then looked about for , a line to throw on board the Peakfield boat. At last' a rope was thrown on board of us, which he made fast, and the boat hauled up to us. I then came; down, but Southeren was unable to assist himself,' which Lieutenant Harmer finding, went up artd brought him down, and afterwards put him into the boat. It was then blowing a gale. Cross-examined by Mr. GuaNrr.—At the time the yawl came up, there were a gig and another yawl in sight, but not near us. At the time the life-boat was cut away, I was at one end of the vessel, and the Captain at the other. After we got into deep water, I did not see the life-boat come within twenty yards of us. I don't know that she was twice within that distance of us. The brig was not within a good die tance of the Peakfield flats when the yawl left us., I did not see the yawl receive any damage by striking against our brig. I will not swear that the sides of the yawl were not stove in six streaks down, but I did not see it. Re-examiaed.—l did not hear the men on board the yawl give any reason for their leaving us. I did not hear them say that six streaks of their boat were torn away. By the Comm—lt was a good Jew (good many)' minutes after I said the ship was sinking that the yawl hauled up to us. It might be five minutes or more before she went away. I don't know that I could have got into the yawl if I had not gone for my clothes. At the time the life-boat was cut away, she could not have towed us off. I think the life-boat alnue would have been of greater assistance to us than the yawl. Ido not think the life-boat could have given us much assistance on the sand. William Southeren, the cook on board the West morland, corroborated the testimony of the last wit ness in most parts. Robert Clark (the boy who got from the brig on board the yawl) examined by Mr. Lawn, deposed to the same facts without any material variation. Lieutenant Robert Thomas Carter, who commanded the life-boat, gave nearly a similar account of the transaction, and added, that in his opinion, if the life boat had been suffered to remain alongside, they might have succeeded in saving the crew and cargo at least. Lieutenant Harmer, R.N. who had volunteered his services on board the lite boat, described the situation of the brig, and the boats which went out to her, in nearly the same manner as the former witnesses. He added, if we had continued alongside, we could cer tainly have saved the lives of all the crew. When we saw the yawl leave the brig, we thought she had taken out all the crew, and we came on shore. At seven o'clock the life-boat put off again, but I did not know it then. Late in the evening I learned that all the crew were not out, And I went towards Lowe stoff to get a boat. On my way I met all the defend ants (except young Butcher) conveying a boat by the assistance of horses from Lowestoff to Peakfield. They said they were going to the assistance of the brig. I begged of them to allow me to go, which they did. When we got . to the brig, we found the life-boat on her north side, but unable to get on board. Our boat got alongside, and I got on board ; and soon after this, our boat was obliged to cut away. I got into the main-top, and brought one of the men down in my arms. We put him on board the boat. Cross-examined.—The Seaman's Assistance is one of the finest boats in Lowestoff, and the best calcu lated, except the life-boat, to go out in rough wea ther. It was her business to assist ships in distress, and put off pilots. When I put off with four of the defendants and others, I must say that they did all that brave men could do to save the lives of those on board. Undoubtedly there was very great risk in venturing out. The defendant John Denny is a very respectable man, and bears a very good character.— I saw the yawl a few days after this; she had five of her streaks stove in. Another such blow might have sunk her. By the Count.—When the yawl.had got from fif teen to twenty yards from the vessel, I don't think she could have got back again, even if she wished. To another question from the Coma, Lieutenant Harmer answered :—The stoving in of the streaks might have happened when the yawl was taking in some of the brig's crew. It is very likely, but this is only my opinion. The reason that the boat was drawn along the beach was, that they wished to get to wind ward of the brig. To another question Mr. Harmer answered, that the crew of the life• boat would not have taken salvage. Before Lieut. Harmer withdrew, Lord STOWELL addressed him in these words Lieutenant Harmer, your behaviour and that of your brother Officer has been extremely meritorious, and the Grand Jury have requested that it should be represented to the Admi ralty. I shall take care that it shall be se represented; John Fowler.—l was a volunteer on board the life boat on the clay in question. I saw the man haul down the signal of distress, and beard some voices cry—" Send the b—s on shore, they have no busi ness here." I have no doubt that if the life-boat had I not been cut adrift, she would not have left the brig until she had taken all the men oUt. What do you believe was the object of the men in cutting the life-boat adrift?—l do not think they had any evil intention towards the crew. What, then, do you believe to have been the ob jer.t?-1 believe it was the mistaken idea that the life-boat would claim a part of the salvage. In answer to questions put by the COURT, this wit ness said that it was a very general opinion among the people along the coast, that the first boat which boards a wend in distress has a superior claim to sal- -o- one up. She could not see us wave. 1 , 11 , left us, the Captain became quite he tress. All this time we were drivin the shore. When we got within atm 3!; shore, some of the men cleared the 1 • them got into her on the deck. Wise to the ground, a sea washed off the I men, and we saw them no more. washed me into the main-rigging, v for a short time. I afterwards C 41114 i to the Captain, who was standing a after this a sea washed the Captain PARLIAMENTARY P4PERS. vageottilihat there is a very . yes alkeyity in row • • d the House of Commons, d - during aWntance to vessels in distrets'on dlloccasions- The various Papers, Report , &c. oft i eream Tire Rev; B. Ritson staid that he knew one a ere._ .be prime by . lrving ah e l eet Session of Parliament, which corn mentedJanunr,j2g. ded II *ere Se womemni that hin t o n the subject cif cutting away the life-b a .en July , s't the p r i a . claik - c, John Denny, and that ' he talked with na. ing and delivery of than d id not terminate ain s at ". day last, upwards of six months after the 0k,, e . 0f - dle (Denny) th nige sanniddthooatsttome sin n d . ca d so on s e of - .oo wi th s i e n i g s i c n on d t h ra tre ry s - i. to . Mr. n H d, Humphries, es that one in of answer tlewrioers an of Sessionl All,the printing is not &meat one once. mor.. three different and large printing offices are eng age d . iat,iotslle observation W e st - made by him to Denny on the subject of cutting a way d g o away are the several it Papers, &c. of the last Sr_ only on, that thef eonstiust twenty-three thi c k fa , * volumes i The printing for the last Session or p al , y life. wh bmtg at was he le ( g D a e l Theri about 0 1,000 worth of the cargo saved. , n (Denny) t a ty n ) d re w p h l replied that e would he d h o a d a g a o i n n e . liament exceeds in quantity any preceding s en i cs , There-was a claim of one-third salvage. The salvage except that of 1819, which was so remarkable c er i se and the expenses exceeded L'7oo—(Mr. Humphries " length?* Reports in particular—that of 1819 im p afterwards said that this sum was not paid to the de- passed the Session of I e2l by about sixty or se ett t fendants. They only got 1:76 for goods saved from s h eets only ,. the wreck). A general outline of the contents of tier tweree.. The Counsel forth. prosecution here said,th at there three volumes, resulting from the lad Ses s ion ' s las were other witnesses, but they would not call them. boars, forms a curious article. It follows: Mr. duaxay hoped that what was the constant - The Mete first volumes are occupied with "P111,:k practice on such occasions would be adhered to on Bills," and the Index of the Public tielei::l A zts `the present—namely, that all the witnesses whom it passed informs us that the number of them w:e ~t ie was not intended to examine might be put in the box, hundred and twenty-three. Our hnadred and Nrid e fa order to . give the defendants the benefit of their three Public General Acts, introduced, de:raird, ;v 4 Cross-examination. passed in one Session of Parliament ! 'i.el tint a ct Mr. Jenvis, for the prosecution, said, that what- that received the Royal Assent in such &sitar es % ever was usual on other occasions would be done in ii to mate provision for her Majesty 'the Queen ;" the this. The witnesses, therefore, whom it was not in- last was "to make further pmvision for his 1tn , 4 1 tended to examine would be put into the box. He Highness the Duke of Clarence." then called The next six volumes consist of Reports fron t Thomas Aldis, who said he was on hoard the life-' Committers of the Ilonse; 'and the three succeeding boat. lie considered that the yawl had remained i volumes are filled with !terns from Cemmissio ners , long enough alongside to have taken off the brig's ttec. Thu; nine thick volumes are occupied with crew if they had so desired, and much longer than Reports alone. she ought to have remained in common prudence.— The remaining eleven volutres contain Frnince ae. Ile saw the yawl afterwards on shore. She had five counts, accounts of Establishments, Estimates ard or six streaks stove in. Another such blow, or one Accounts, and Nliscellaneons Papers. Eight of thew half as strong, would have sent her to the bottom. eleven volumes are almost wholly filled with Ac. He did not think it would have been safe for the yawl counts of Finance, of the Establishment of the Tres_ to have remained longer. After the yawl had quitted sury, and other Public Dopa:tments, of the Arm; the brig, the life-boat passed under her (the brigs) Navy, Ordnance, &c. and they afford some idea r;f stern, within fifteen yards, for the purpose of being the magnitude of those labour, which have thus hailed if she wanted any assistance, but the brig did brought before Parliament, and the country, sc et not bail them. tensive an insight into the particulars of the present Henry May, a Trinity pilot, was next called. He enormous expenditure. was on board the life-boat when she went out to the The exrense of printing these twenty-three htlkr brig. He has been a pilot for several years. There folio volumes we have not the means of very acct. is an impression among p ersons on the coast, that in rately estimating; and, even if that expense c0t.1.1 be cases of ships in distress, the doctrine of " first come got at, the amount would by no means cote!. the first served," was held with respect to salvage. cost of the Sessions' printing. Many Bills, fat in- Mr. JEnv:s objected to that as not being evidence. stance, ate printed and re-printed several times, fi.. 5 Lord STOWELL—Ifany such impression exists, no- the use of the Members, during the pi ogre , s of the thing can be more erroneous. It is without the slightest measures, after alterations, amendments, or adJi foundation in. fact. If this case had come before the Lions: others, again, never pass into Acts—ass , :is Court of Admiralty as a question of salvage, I would the case with Mr. Scarlett's Poor 13ill, although it not have adjudged a single farthing. It is most ab- was *printed over and over again: those oniy ti , it surd to suppose, that because a boat gets alongside have become Acts of the Parliament a; r,ear in I.e a vessel in distress, the crew have a right to take pos- twenty-three volumes folio. Then there were the session of her, supersede the authority of the Captain, Orders of the Day, the Notices, the Votes of etch and say who shall or shall not afterwards come on day, together with the several hundred Petitioe• or. board. Such a doctrine is wholly devoid of founda- dered to be printed; and these made several volumes tion : and I cannot but say, that if salvage was. claimed folio, which must he added to the toots-the e,: 1.4,- under such circumstances, the owners were extremely lumes of Public Acts, Reports, Accounts, Scc. ill advised in paying one sixpence. The expense of the printing for the House of Cern- The examination of May was then continued,. and mons (and the above statement is exclusive ef that in the course of it he stated, that soon after the yawl for the House of Lords) attracted the notice of several had left the brig, the life-boat bore down and passed Members during the last Session, when several a:- within a few yards, but was not hailed. He con; counts illustrative of the subject were ordered to he curred in the opinion of the last witness, that the prepared and presented ; and as " economical re yawl had remained alongside the brig longer than she trenchment" is the order of the day with the Aini ought to have done, with consideration for her safety. sters as well as with others, doubtless this sobje •• •11 Mr. GURNEY now addressed the Jury for the de- receive the attentionof the • -- 1 • k: fendants, and contended that the question for their it is a department Y here many thousands mig h t be consideration was, not whether the defendants were annually saved to the Public. mistaken in the law respecting salvage (and he would most freely admit, that the opinion which seemed to prevail, not only amongst them, but amongst a large class of persons, respecting the exclusive claims of the first boat which came to the assistance of a ship in distress, was totally without foundation), but whe-' tier they had wickedly conspired to take possession of this ship, to the exclusion of all necessary assist ance? The Learned Gentleman was proceeding to spew that his clients, instead of being indicted, ought to have been praised for their courageous exertions on this occasion, when he was interrupted by the Counsel for the prosecution. A short conference now took place between the Counsel on both sides, the result of which was an THe destruction of Sir JACOB ASTLEY . S spier.M mansion in the North, wa; caused by the following singular. circumstance:—A fire was lighted in a 14. m that had not been occupied for some time, and in :::c chimney several jackdaws had built their nests These took fire, and communicated to a beam that supported elte roof, and the whole was in a Hanle be fore the accident was discovered. Monday se'nnight, some persons entered the shop of a baker in Nicolson's-street, Edinburgh, dining the absence of the family, and broke open a desk and the till, from the former of which they took a hank re ceipt for £250, and from the latter about 1:13 in si:- ver and mates. The robbery was not discovered ti:l next day, too late to stop payment at the Bank, %dice a man had called and got the money. A police setjeant, who was knockcd down and mai treated •by some ruffians in Toddrick's Wynd, Edin burgh, some weeks ago, died on Wednesday in the Royal Infirmary, from the effects of the blow* he then received. agreement that a verdict of acquittal, as to the con spiracy, should be recorded respecting all the prisoners; that a verdict of acquittal generally should be re corded with respect to all except Butcher, he (as the person who actually cut the life•.bo'at ad: aft) should be found guilty upon the 12th count of the indictment, which charged that fact ; and that all the prisoners should be discharged upon Butcher, jun.'s entering into his own recognizance in the sum of £2O, to appear for judgment when culled for. This agreement-was mentioned to the Jury by Sir C. ltormsoN, who observed, that the great object which the birds of the Admiralty had in instituting the present prosecution was to come at the real facts; and if it should appear that they arose out of a mis conception of the law, to have that law publicly made known, and any error respecting it corrected. The Jury then returned a verdict as we have de scribed abo - ve; and the party found guilty, having en tered into the required surety, was discharged Along with the other defendants.—The Court then adjourned to the 21st of March, at Doctor; Commons. BI RTHS. Sunday, at Urn:ll%l , 4yr, the Lady of the Rey:Thomas Nash, of a son. Jan. 5, at Hatton ILI, Essex, the Lady of Lieutenant-Colo nel 1). Forbes, of a sun. EXECUTION.—This morning, licnry Thompson, convicted at the December Sessions of a forgery on the banking•house of Jones, Lloyd, and Co. and Richard Jago, for an extensive robbery under aggra vated circumstances, were, pursuant to their sentence, executed at Newgate. At an early hour in thealot r ing, the unfortunate men were assisted in their devo tions by the Rev. Mr. COTTON, Mr. DILLoX, and Mr. BAKER. They were extremely penitent, and ac knowledged their sentence to be just. Thomp s o n spoke for some minutes to his fellow-sufferer, exhort ing him to have a firm belief in out SAvioun. The Sheriff , , &c. paid great attention to him during the whole time. Everything being ready, at a quarter past eight o'clock they ascended the scaffold. The conduct of both of them was decent ; and the three Clergymen attended them on the scatold in their last moments. After a short time spent in prayer, they were launched into eternity. Neither of them was thirty years of age. A large body of persons were present to witness this awful scene. The two Sheri and their Under Sheriffs were all present during the execution. MARRIED. Yesterday, Count St. Martin D'Aglie, Moir. tentiary from the King of Sardinia, to Louisa, youngest I:tighter of the late lion. Charles Finch. brEn. Saturday, in his '.Otis year, Charles Knyvett, Esq. at his hou-c in Blandford-place, l'all-rnalL . . • Jan. Jl, at Edinburgh, 21r. William Ritchie, late of the School. Jan. 9, at Ayr, Mary Gillespie, aged 72; and on the V:b, Agnes Gillespie, aged 75: they were sisters and natives of AV • stid lived together under the same roof for the greater dart ei their long lives. Mary, a little before her death, ts.ok an Arc tionate farewell of 'Agnes, and on the 11th both were intrrrss/ in the same grave. COI: 11S11 - 0 . 0 Amsterdam IS 7 C.F. Ditto at sight I 2 4 Rotterdam— l2 S 21.7. Antwerp, ex-mo. It: 6 llaniburgh... 37 3 2}ll. Altona 37 4 :}Lt. Paris,3day's sight C. 5 40 U. Ditto 0 3 70 2U. Madrid, effective 7.€/ t Cadiz rfict 3u liarceknia Ililboa, ell'cctive MA I I.S ?tits DAY.—.A KR. MIL Dublin 1 0 Waterford 1 0 Guernsey and Jermy 0 0 1 Lisbon 1 0 Holland 0 3 /tic?, York 0 0 EXCHANGR. Seville lgibrafru ...... 341 Leghorn Genoa 434 Venice ltal. lAv 27 60 31.11ra ...... Napes Palermo ll9 per ea. !Milton r:tri Rio Janeiro 42 Dublin 9 A Mt. rya. trance 0 0 Ilatnbu 0 4 Flanders 0 0 Jamaica 0 0 t;ottenburch U a Leeward Island% 0 0 HIGH•WAII Rat LONDON Tiv.kltaillt•)* Mt rating 36 ntimite4 :Ile: 3 Afternoon . stt ..---.-- ON : FNaor ! and pub U. lLs L 7 • um. place, Trarpte-ildr. Lasi i and f a sa a a rei I Ti V 1 I 3 r. a • 1 I I , E