Star. — London, England, 1808-01-12 00:00:00

SIONS. JANUARY ii. Captain of the Apollo • the wilful murder .of eighteen years of age, .it, by continual beat other weapons, by fre ', heels for several hours to the tropical sun, climates, and by depriving ". was necessary to main• ctated the case on the the Apollo, from Li . cargo of slaves for the his command consisted whom wore.numbered the unfortunate de. apprentice of one of on this voyage, under rendering him use. ty part of the voyage mess in the Captain's indulgence was soon youth was sent for -ew. About this time _ his conduct towards zhibited itself in frequent the most trivial faults. flogged him severely for no during the early part lozen on the bare back quantity of molasses on ,only the first dawn of that suffer at his hands. On of Calabar, his cruelty a new turn. On the had Opined him du :posed to the scorching torrid zone, and again :posed manner, to ring the open deck. This brutal malignity ; a teck, and in that state iur, and sometimes for touching the floor.— by the heels with his allowed to touch the kgers. In that posture, se- Id swear positively, that he • for four hours at a time. duty the unfortunate undergo, by the order r, if not more shock the duty of the de on the slaves on board emptying the tubs and rev necessary pis poses. We menial office, of tat, accideatally to upset am of; - pan of their content's onl the instant, came out of ' • what had happened, he the neck, forcibly held- Id, and with the other thus thrown out of the which he made him down. On another oc suspended, for several hours, with a chain round Lpplied to his shoulders, evening. The Captain, to order him to be cut youth's cries prevented his used frequently to beat handy of the cat: on the lowed rapidly about his would knock him down down, beat him unmer of it. The last time at torture, was about four Tired, languid, and de tture had retired to rest his louse, along with two of He had not remained humble situation, when and with the handspike was in his hand) bela himself was unable to _ that motion, and re laborious task, by poking body and head as he In four days after cruelty breathed his last, care-worn skeleton, of a frame. When the mis the crew of the death of demoniac savageness-- overboard ; why do you the midst of all these cru food was scarcely allowed he was sent from the ca. nip ; and from this time to never was allowed an ounce nee of food consisted either about the size of a man's Ltion of three half pints of ion of sustenance, to sup ' health. Some time, in contrive, by stealth, to kg themselves ; but when wy any chance discovered, ' for it at the ezpence of the cats. The cause as is unnatural cruelty was, :he deceased was sent out k his actions and conduct this impression, one day, espressed his fear, in de should never see Liverpool him, that he should take i see it again, for he should (a seaman who died on before him, to hell ! He had fly by several of the sailors, kill the deceased before The deceased was not the ship who had exile oppression ; the crew, in severity, upon many occa the ship, Mr. Scott, was the term is, or in other given out, in-the some of the crew. These ADMIRALTY SES S, OLD Ey MONDAY, JA Jfiffians Chapman; Cap u 11131 1,; was indicted for the ve a you th of about eigl of treatment, h t se ve nty or other apehandsgte b the heel , „ sus hi es posing adia him y . naked tc taus of those clsmates, a tenance which was swarm GEXISAL stated -. P we r w Captain of the ris ,• w Calabar, to take in a Far Lu e es . The crew under hss c p e rsons, amongst will s ur geon of the vessel, and t The latter had been the a goe rs, who sent him out on er, f or t h e purpose of r !U r rLrd. During the early ' • " was permitted to me: , But , however, such ind the unfortunate 3 and ". m e the ongst the rest of the crew, • began to evince, in h es mu — ty, which exhibit • • Tu 7 -''' '" o f unnece ssary severity for the itto fle d hi ts up and flogged c • ode' t one tune, di • he gave him five dos " • g accidentally a small qua tmflusvras,hou ever, only t th e lad was doomed to stiff p , e arr ival off the coast of „ more ingenious, and took a trivial n eglect of duty, he h; t h e d a y, quite naked, expos • • u f t he meridian sun of the tot vi e „ him, in a similar expos ast , staid torrents of rain, on th to A ce sufficient to gratify his I t round his necl iris hal been put for half h w as suspended an out Tit ' b o w, with his toes barely tc rd, be would suspend him by to d ow nwards, and barely all ov .. with the tips of his fingers. of the witnesses would swea • " . been compelled to remain for 1 t h e most trivial neglect of d , .. was compelled to unc tea, his ',Mal master, similar, i re punishments. A part of t consisted in , wasting on dip, and c and mil a ppeopeit a tenor their ta• io the es cution of this 1 tat h e h a ppened ateicimt tubs, and discharge a part •• deck. The Captain, at the • cabin, and, on perceiving wh • y seized him by the his mouth with one hand, ed some of the ordure, tin 2 , ,• down his throat, after m seawater to wash it doi the be, was suspended, •. the poll, quite naked, ' .is mat, and wet swabs app a? - • this in a cool and damp eve '• . ever, bad the humanity to • . when the poor youth's leeping. At other times he use mmercifuL'y with the hand - • and back till the blood floe • . • den At other times, he no • • a handspike, and while do • ly with the heavy end of i ✓ he apygied this sort of tor fs before the youth died. Ti . • inted, the unhappy creature l d limbs in the pig-house • bristly quadrupeds. HI enjoying himself in that he tormenter came to him, as - tit thin end of which was Ise • • him so long that he hi this heavy weapon in tl , himself from the labor psochins him on the lac • helpless in the pig-stye. • • the object of his cruel' • .g behind him the care els healthy and robust fran -.• was told by one of the • lad, he cried out, with di D —n him, throw him ove me to tell me of it?" In the ettiti even a sufficiency of food hem to support life. When he • to the fore part of the ship ; ,• • hourof his death, he never ' alt. His daily allowance I a Piece of yam or bread, abc which, with the addition , • ter, formed his daily portion him • • his weak state of h • his messmates would cc - his fare by stinting t t ' acts of charity were by ; nn m t PersOt so offending, fi paid ill • going the discipline of ti 0 , by the Captain for his t e nt' I c .t 2 -`e he conceived that the n 7 L:r owners as a spy on h , 'nag the voyage. Under th Kt,"l" this unhappy Youth cep is . P! i ne terms, that he shout bn: „, t1 — the Captain told him Sue care that he never did se led him after Williamson (; f ite'ru heard who had gone before TI P A to say frequently ' , , 0a 1. 41 , he fully wit h intended to ki '" t done only person nn board t.l at i d his tyranny and op av P i teal , suffered f r o m hi s sev icon s even the Surgeon of tl l ETeilliously started, as th ?logged, for havig state, a bottle of run n y o s 4 • continued arts of ill usage on his part towards his ship's Company, (ended to irritate their thinds against him, which shortly evinced itself on the approach of the ship towards Doininica, where she was tb discharge her cargo of slaves. In that port the Crew became very dissatisfied with their Captain, whose cruelty could not be disarmed by the most studious attention to their duty • in consequence of which the majority of them ente red into secret cabals, which became very alarming to the Captain, who, upon discovering his most perilous situation, hailed a King's ship in the.port, the Captain of which came on board the Apollo, and threatened the crew that he would resort to coercive measures to quell their mutinous disposition, if they did not quietly return to their duty. They, on heir parts, expressed their readiness to meet him on those terms, and boasted of their ability to contend with him for victory, having arms and ammunition to exchange on board. Fortunately, however, they did not evince their turbulent disposition by any act of personal out rage to the Captain, who shortly afterwards sent most of the crew on shore, adding with a threat, that if they did - not do so, he would poison them all, by in fusing some *deleterious substance in the water. — They accordingly went on shore, but would not re turn again to the ship till the Captain had given each of them his promissory note.for the wages due to them. These terms being complied with, they went on board, when the ship sailed for Montserrat, where the re mainder of the cargo was discharged. Mr. Scott, the surgeon, who had hitherto suppressed his indig nat;on at the insults which had been offered to him by the Captain, now embraced the opportunity of punishing the Captain, and of avenging his own wrongs. He accordingly went on shore at Montser rat, and lodged a charge of murder against the Cap tain, with a magistrate of that Island named Kerbert. Measures were Immediately taken to examine wit uesses ; the crew were examined, who had been spec tators of the barbarities of the prisoner towards Ro . . bert Dunn. Their depositions were taken down in writing, and the Captain was taken into custody, and sent for England on hoard the Hazard gun-brig. Mr. S . cott, the surgeon of the Apollo, was the first witness. The crew of that ship consisted of twenty five men, including the Captain and himself. The de ceased was a boy of about seventem or eighteen years old when he came on hoard—he was a near relation of Mr. Bray, one of the owners of the ship. When he came on board, he had every appearance of a good state of health, except a nervous tremor in his hands. On the outward bound voyage the Captain used to beat him and flog him now and then, but not with such severity as to endanger his life. The vessel, however, lay near five months off the coast, and dur ing that time the Captain treated the deceased with the utmostcruelty and barbarity : he had seen himgive him five dozen of lashes at one time for the most tri- fling offence, and afterwards beat and bruise him about the head with the handle of the cat. The beatings the boy thus received produced a great de gree of stupidity and debility. This course of seve rity began after the arrival of the ship off the coast — bat the cruelty of the Captain was not carried to its highest pitch until the latter end of January, • when lArm, j Smith, the gunner (of whom the Captain was somewhat in awe) was dead. He had heard the Captain say, " that the boy had been sent out as a spy on his conduct; but if they could not get quit of him at home, he knew how to get quit of him ; it was • such as him that brought a bad name and disgrace upon the trade." From the commencement of the severe treatment on the part of the Captain, the boy's health was gradually impaired, and he became ema ciated and stupid, which stupidity he supposed • to proceed from the blows which he had received. He had known the Captain frequently order the deceased to be hung up by the heels, with his hands barely touching the deck, and leave him in that situation for three or four hours. He knew him once to be tied up in this manner at about eight o'clock in the even ing, and was not taken down till between eleven and twelve, when his howlings and cries disturbed the Captain's sleep, and he ordered. him to be taken down. This punishment reduced the deceased toa state nearly of frenzy for the moment; and produced an imme diate numbness and want of circulation of blood in• his limbs. He was also:frequently hung up by the wrist, with his toes barely touching the deck, which produced a similar numbness in his arms. He had known the deceased to be kept a whole day naked: exposed To the full influence of an African sun. In addition to this, half his head was shaved, and the greater fart of his body either painted or smeared with tar : and in this situation the slaves were called up to look and_laUgh at him. It was he himself who had shaved his head by the Captain's orders, which he durst not disobey. The boy was latterly employed principally in cleaning out the slave tubs ; and hav ing accidentally spilt part of the contents of one of them on the deck, the prisoner knocked him down with a handspike, and continued beating him for a considerable time, and jumped upon him when he was down. He afterwards called for a marling spike to open his mouth, and absolutely forced him to swallow some of the ordure which had been spilt, and., obliged him to take salt water after it to wash it, 4 down. He added, at the same time, " you are not the first I have forced to do this." This witness confessed that he paid but little attention to the boy's wounds—he did not see any thing that he could do for him, as the deceased was every minute liable to a fresh beatint , from the Captain. It was about a week before he died that the Captain knocked him down with a haddspike, and cut his head very much. His face was swelled to twice its ordinary size before his death, his forehead was also puffed up like a sponge, and his eyes partook so much of this general swelling that for three or four days before he died he could scarcely see through them. As to food, the deceased was not allowed the ship's allowance for many months before his death. The Captain would allow him no meat, and only about a pound of yam a day—he also was stinted in water to an allowance of about three half pints a day. Although he could not Say liow loog human life might be sustained on such scanty allowance, yet he was convinced it must bane very much increased that debility, which. toge ther vith the cruel treatment and beatings which the pri.' soner gave to the deceased, occasioned his death. He had no doubt in his mind, but that the severe treat ment given to the deceased was the sole cause of his.' death. The witness was then examined as to the difference between the account he now gave, and the journal which by i klinLgiParliament he was hound to keep, and which he swore to at the Custom-house of the island of Dominita ; he etphiined Die difference by sayings that •in his journal he only set down the symptoms of the boy's declining health l but that he did not, nor dared not, insert a hint as to the real cause of it, from the Captain's cruelty; that he wrote this journal in the Captain's cabin, and the Captain read it ; and if any such insertion had been made his own life would have been in the greatest dander. He did not conceive that what he swore at Domi nica was false, although it was not the whole truth. The reason that he did not give information of di, murder (as he conceived it) at the Custom-house of Dominica, was, that he was an great personal fear of the prisoner, was but a short time on shore and un derstood at that time that there would be little .or no chance of getting justice in the West Indies ; but when he arrived at Montserrat, he was assured that justice might be obtained there as well as in Eng land. He then wrote a letter to Mr. Herbert, a Magistrate, and in consequence of that letter, he was sent for and examined, as were also the crew. The result of the examination was, that the Captain was sent home under arrest, to take his trial—and those who were examined were also sent home to be wit nesses. After the Captain was under arrest, he sent to the witness a letter in his own hand-writing, en treating him to desist from the prosecution, or to mi tigate it as much as possible. In this letter, which was produced, were the following expressions : " I am very sorry that there is such indiffer. ence between you and I. I seriously acknowledge that I have been in the fault, and do most humbly beg your pardon. Every atonement that I can pos sibly make to you I will, and I do intreat you to accept my friendship in future. Half the money and clothes which I have, are at your service. You may mitigate entirely every thing against me, as I know that the depositions which were given to Captain Bell, and every paper that was against me, is now lost." On his cross-examination by Mr. GURNEY, Mr, Scott confessed, that he and the Captain had not been on good terms ; that the Captain had at different times flogged him with a cat-o'-nine-tails—that once, on the coast of Africa, the Captain charged him with being drunk, at a time when the Captain himself was much the most drunk of the two ; that on the passage from Dominica to Montserrat, the prisoner again flogged him with a cat, merely for returning a bottle of rum to the person from whom it had been borrowed. He allowed that most of the crew were on bad terms with the Captain, and that there bad been a great dispute off the coast of Africa, but which he could by no means consider as mutiny. The cir cumstances of that business were—one evening, some of the crew were singing a song, rather loudly, upon the forecastle, and were desired by. the Captain to stop, but continued to sing. The prisoner then flew to the arm chest, and seizing a pistol, snapped it at them. Smith, the gunner, hid the Captain take carer-he had the key of the magazine, and rather than submit to be fired at he would set fire to it, and blow up the ship. The Captain then armed the Offi cers, and him among the number, and hailed Captain Brown, of the Elizabeth (another slave-ship), that was lying. near him. Captain Brown came on board and threatened the men that he would lay the Eliza beth along-side, and force them to return to their daty.. dome of the men answered, " that ilie. o .i cc rollo had gas many, guns as the 'Elizabeth, and as a crew." Captain Brown Went to his own ship, and very soon after the crew went to their beds, and fell asleep.—. They never took up. any arms, nor did he see any occasion for the officers taking pistols—nor could he consider this business as a mutiny. The Captain had at different times behaved withjptat severity to many pf the crew. He positively denial that he had ,ever desired the crew " to stick to him*, and tell the sap* story, and they need not fear the toss of their wages." James Smith, a sailor of the Apollo, confirmed the most material points of the testimony of Mr. Scott, as to the cruelties practised by the prisoner on the de ceased. He had seen Dunn several times suspended y the heels, in the manner described, although hel id not think the time was . aiiori .than an . ge' ad seen the prisoner beating the dec a. CSC And with a handspike, frequently. He had . .hintiel£ been threatened with a Bogging if he should give any beef to the deceased, and knew that for many months he had no other daily allowance but a small piece of yam or of bread, and that he was also much stinted in water, of which he used to give him some whenever ' he had an opportunity. He had heard the prisoner deliberately, and Without provocation, say to the de ceased, " Pray, chi:fou . ever expect to see Liverpool again ?" The boy answered, he " hoped he might. The prisoner replied, " I'll take care you never shall ; the merchants have sent you on board to carry stories —l'll take care you shan't. Williamson (a boy that had lately died) has gone to hell, and you shall soon follow him." Samuel Jones heard the Captain ask the boy, if he thought he should see Liverpool again ? He said, he was in hopes he should. The Captain replied,, be should take damn'd good care he should not ; fai , Mr. Williamson had gone to hell, and he shou/4 j follow him. H. Hutson, another of the crew, corroborated the last evidence : saw the boy suspended, some times by the heels, and his hands just touching the hatchway of the deck, but not sufficiently to support himself in the least degree ; sometimes by the wrist, but not to touch the deck with his feet ; sometimes for three, and sometimes for four hours at a time ; saw the Captain also give him five dozen, for spilling molasses ; saw many of the beatings, which were for trifling faults— such as lying down, when he was expected to move, or failing to trim a lamp ; saw him painted black and red, and his head half-shaved, chained, and held up to, the ridicule olthe Negroes • heard the Captain say u that he Would kill him — because he should .not tell tales." One day the Captain told him, 44 that he should never go home, because Mr. Bray sent him to tell stories, or tales, and that *he would take very good care that he never should." Heard him say, a t that Williamson the clerk was gone to hell, and that lie should go after him." •• Cross-examined, both these witnesses admitted they but. been flagged ; but said, the Captain flogged :ererf one. They denied a mutiny, but admitted a qn trrel with the Captain. William Berrymer corroborated the material facts of the two last witnesses, and proved his having re ceived in all , eight laic a from the prisoner --which I were read j. rthe ' sabstastor. of whi .:11 was to ask the :: :J.: lo• bt. , 41.: z witness to Rim against the Doctor, (that was Scott, the sad giie evidente for hint, the Captain ; that if he saved his life, he should be grateful for ever, ofering the witness and all the crew bribes for giving evidence in his favour ; sending them clothes and some dollars for the above purpose, &c. &c. assuring them they were safe, for the depositions were lott, &c. &c. &c. These witnesses, in their cross-examination, allowed that they had all of them been beaten and flogged by the C..aptain, at different times, that they were con ceined in the business of singing the song, which was represented as mutiny ; and that they had left the ship on the coast of Africa, under the following circum stances ; The Captain obliged the crew to drink the stinking water of the ship, while he himself dranlethe fresh water of the country. They complained ; and he told them, " they should drink that water, and that he would put poison in it, and then make them drink it." They replied " they would not stay There to be poisoned, but would rather go on shore, and die among the negroes." The Captain said they might if they pleased , - andeleven of them did actually go on shore, where they staid some weeks, bat were at length inddced by the Captain to rettirti...l They ut- terly denied having ever promised, Mr&sat to sell' the same story whiCh be did. ' • , : The next evidence in support of the priiiiiittion was a number of letters written by the . t..atain, when under arrest, to the witaess.Benytm. ese letters, the prisoner confessed, th# life was at 'their mercy, and, offered.them 1001: each, if they would swear against the Doctor; he assured them, that if they would but be of bile mind, the thing would be ezily done, as the depositions were lost.. He con jured them either to get out of the way, and not give evidence, or else give such evidence as would , clear him. He promised them, besides this money, that he would immediately ler them have as much money and, clothes as he could spare, and•that he would al ways be their friend. One Evans, a marine belonging 'to the Hazard, proved, that he had delivered those letters, as also verbal proposals of the same nature ; but that the an swer of Benyon, on the part of the crew, was, that their evidence, should be in his favour, as far . ;is was just and right, but that they would take no-Moneyi unless it was expressly stated to be in part payment of their wages which were due. Dr. Powell, a physician, and Mr. Ramsden, sur geon- of St. Bartholomew's Hospital, were of opinion that the treatment which had:been described would be sufficient to cause the death of the deceased, and they were only surprised that the effect was not more im mediate: They would have supposed, that suspen sion by the heels for such a length of time as had been ' mentioned, or such violent beatings on the head with' a handspike, ought to have produced instant death. The prisoner being called upon for his defence, pur in a written paper, which stated the prosecution to have been instigated by Mr. Scott, to gratify his pri- Vate resentment. Mr. Scott had been frequently drunk and negligent of his duty to the sick, which made it necessary for him to punish him. The crew were turbulent and mutinous ; it was necessary for him to punish many of them. Eleven of them had deserted from the ship at one time, and by this act they knew that they bad forfeited their wages. It was theft fear of kaing their wages, joined to the privet e rfvenge of Mr. Scott, which caused that conspiracy ; and it was impossible for him to find any witnesses to give a different account of the transactions on board the Apollo. He acknowledged writing the letters which had been read. He thought that if the crew had conspired in a story against him, there- was no other chance for him but to endeavour to prevail upon them to give up the business. Captain Bell, of the Hazard, swore to having heard Scott call to the other witnesses when in prison, to stick to the same story with him, and they need not fear for their wages. It was in his charge the depo sitions were given, he could not tell how they wer lost. They were in his cabin, to which the prisoae (who was sent home on board his ship) as well as other passeagers had access. ' Captain Browne,' of the Elizabeth, proved the mu tinoni expressiems used by the crew on the night h • .was hailed to by the prisoner on the coast of Africa. Mr. Dupree, mate of the ship Carteret, swore, that at a'public house in Montserrat, caned Betty French's, he had heard Stott speaking to the Other witness a week before the Captain was arrested,' and that h. said, " If you stick to the same story with me, we'll do him." Mr. Hoskins, Purser of the sloop Challenger, swore that Scott had confessed to him in Montserrat, that ,the journal to which he swore at Dominica, was en tirely false. In excuse, he said he was in great fear of the prisoner. Sir S. Lx BLANC thew fully recapitulated all the evidence to the Jury, and pOinted out the contradic tion to Mr. Scott's testimony, both from Mr. Dopree, and from his own, journal, , which he had already swam to : if the facts sworn to On the part of the prosecutor were consideredjse proved, there could be no doubt but that the crime would amount to murder ;--bat" then the Jary had to consider whether they could safely consider those things u proved which came from witnesses in their circumstances. If the state znents they had given were much exaggerated by psi ? vate resentment, perhaps it would be too much t o . conclude that the cruelty was such as , to have occa ' sioned the death of the deceased. The letters of the Captain were certainly extraordinary ; and if the ac- ; count was true that was given in the defence, they were still in the highest degree imprudent. . The Jury retired before nine o'clock, and at thive o'clock this morning returned a verdict of—Not. Ottifty. The prisoner was next arraigned upon two Other indictments, **wilful murder of Henry Johnson and John Hanson. 'No evidence, however, being ad duced, he was acrittilan both charges. • No small struggle seems to have taken plaie be tween adventurers East and West of Temple Bar, respecting the present City Lottery: As its mere Ca pital Prizes principally rest on City ground, the far mer naturally wish to possess them, and are therefore extensively patronising the Scheme; while thost,ef Westminster are anxious to obtain such Capital Freehiilds in the City. It is to be observed, at the same time, that numerous country adventurers are very.selicitious to possess excellent houses in town, I