The National Register. — London, England, 1822-01-27 00:00:00

THE NATIONAL REGISTER MounaY, ssiun3 commented this morning, in the O'd Bailey, in pursuance of public notice. The Grand Jury having been s p urn, Lord Stowell addressed them upoil the nature of their duties. The Grand J ury then retried to their room, and return* d into Coati at elevt n o'clock, and by their Foreman iittlitiUtiCed.that they had found a true bill against Charles Bennett, fur n rape on the body of Jane Newman, un the logo teas. The pri.oner, w Ito is n being honking young ma n, was then put to the bar, and, on being to aigoed, pleaded, " Not Guilty." The Jury being shorn, the inilietnit at was lead. The offence w..s clizia Laid to have built committed on the 3d of June, on board his Majesty's slop :Forfar, within 300 kusues tit Siena Leone, on thi• coast of Alt Ica. The prusecutriv, a ho is a o ouidu of respectable appear once, was then calleil. It appeared float het evident e, tat she oas on Wood the Tartar, on tier voyage to Sierra Leon h e, on the 3d of June.—tier husband was putter's steward, and the prisoner was lob-lolly boy, and did the dirty work tomer the doctor's m a les It was the duty of the piitutier iicensionally to come to her husband's bit th for things which were wanted. She had no other intimacy with hints On the night in question she Bent to bed nt nine o'clock. Her husband %cot is it It her. lei the ClitllSC of the night her hus band went on deck : he tet t nut well. lie left her nhine the ha mimic k, a hick was eoclosed by a screen or curtain. — She fell iSFlceti, but was no mkened by the shake of the ham mock. Site " Neu 9. an, it that you ?" but 'voiced no answer. Her husbaiiii beiog veal) deal, she that not surprised twat he slit slut LIMN er. She then turned on her left side, and tv as going to sleep. Sae felt a matt Cwt mut the hammock. —At first lits feet were to her head; that %sits the way her and het husband slept on account of the weather, mid to give them ie town. The witness then described the vio l. err ts Inch hail been c 11l mit ted by the pi twiner, in defiance tit her resistutice and cries. She immediately w communicated to her husband %%hitt had oltarieil, and told Sir George Collier, w Ito counnanded the vessel, in the morning. 11l cross.examination, she said she never said that the w tole bud been (Wilt by !mistake, and that she did not discover Got it wits not her husband till after the pi isoocr bud com post, d his purpose. The ptisuace Ist pt the pillow on bet iii w Idle lie effected his object. John Timpson was ei whirl on the night alluded to.— Kmew the prisoner and the proseeittria. His post wit. 14 feet !rem the prosecutriv's With. Did not see the prisonet go to Mrs. Newman'. hanisnock.—lletween tine and two o'clock hefted an tilai all from Mrs. N. The first thing he sow was tilt' prisoner coming to him fur a light; lie then Irad ltis troisseis and shit t Oils Ile asked hint what he meant to do with the light, and he said he ts nutted to gtst :mine ntedi elm s for the slaves. Did not see Mts. Newman sal the came up the ladder to go to het ltu,band. She bad called to him final her hammock. Ile had maile a n oise. tutui lit foot ill scratching it, and then she, idled thin he supposed after She heard the noise. Sue std, '• Sentry ! sentry!" The prisoner is as then tit the bottom of the ladder, dressed. W ititess asked her vi hat she wanted, and she said the pi isoner had insulted her in her hammock. He took no more notice.— is. Newman then w Cid On deck to her husband. Site had a petticoat on and an ilproil round her shouldeis. Iles lint baud came down awl asked it amiss who had been taere hile he tins ,ca ay ? Ile said, " Nobody hut Bewail ;" II lion St lIICh 1%;1 , 1% Ilion said, '• I'll cull open )tin at u N ittlessi" always told the sabre ill LI 055-Viiittlinaihiii, it Vness said he hail seen the pri- Miller go down bey ei al nights before to the cock-pit, but nt ver heard any noise from Mrs. Ni' w man. The pus-ner had not had time to it css himself after witness heard Mill. New nom. Geot ge Newman, husband to Jane Newman, confirmed her testimony as lei as came walls.' his knowledge. The first he heard wits flout his wife coining on deck to him. 'lbis was a little shier ten o'clock. She was appa tently in peat agitatioll—site: cited and fainted. 'Look her down to the cockpit, and asked the sentinel who had been there ? He said, " Bennett." He told his w ire nut to disturb lonisell, hot to tell him what ocelot red in the intoning, which she did. She went to Sir George Collier in the mot nimg. Benja 11l i l 'ferry, a constable, of Portsmouth, received the prisoner in his custody ill September last, and took him before the Mayo'. In their way the pi isoner, in the euitise ul conversation, admitted what hail occurred be tween hint and Mrs. Newman, but said she had give', him libertiesbefore. The prisoner, in his defence, protested his innoe.enea and said, if the sentinel had nut made a 'wise with his foot, lie never would have been at the bar. The husband was then recalled, and admitted that he had said he would moke the prisoner pay well tor nit conduct, or pa usecute him. Two men were then called, who gave the ptisoncr a good character. If a woman hail been dying tut, they said she must have been heard by all the ship. Mr. Baron Graham then slimmed tip the eviderec with went impartiality, and the Jury pronounced a set diet of Not Guilty. When the Grand Jury came into Court with a totw bill against the prisoners whose case is mention( d below, the Yoreinan addressed their Lordships, and said it was the Nish of the Grand July to call the attention of the Court to the conduct of two Lieutenants of his Majesty's navy, who, it appeared by evidence which had been given upon the Lill now presented, had gallantly risked their lives 11l save the lives of Whets, and their conduct had been such Goat It was the unanimous of the Gland Jury' lion it ought to be t Qom ti to the Admiralty. Theft names were Lord stowell.—" Yeti have not stated what were the pal tieutlai eitcums;aners of !brit uuditet." The Foreman.—"'flint will come to the knowledge of your Lordships in the ei.ot se of the trial." Lord S.owell said, the Court would have an opportunity of judging of the tus ;ter in the course of the trial, stud the representation of the Jury wmuld no dm itt be attended to. John Sobbing, William Bni. her, jlsl lliouins Denny, and William Il ill ht r, were pat to ilk.• bar opus un indictment, chaese.l with conspiroig, on the ails u cembet last, to 'dewier a cm tain brig in distress, WI high sees, n ithin one mile of Lon stuffy, on the es. sutfolls ; and ill pursuant e of that conspiracy, coil; turntig adrift a hfesboat whirb hail _one to the a...__ of the said bog, and 'beret.) 'art r siting the cargo from being saved. Mr. Justice Bailey said, the trial ud these men was likely to occupy a very considerable portion of time, and as it was probable that the Ji l y vs , tit , . he tie , mucli fatigued to give tg siod .tatice 44?rf - it that cniptidt . l ation which it waald dt•serve, the Court thought it bettt to adjourn mail to-ittri ow. Sever:ll seamen, changed a iih variou- ollence4, but against whom no bills were found, were brott i ;lit up and di►charged li) proclamation. TLESDAIi, JAN. 22. John Stebbings, William !hitcher, jun. Thomas Ellis, William Butcher, sen. and Joint Denny, were pet to the bar, upon an indictment charging that a certain brig, called-the Westmoreland, being ou the high seas, Within one mile of Lowestotle, on the coast of Suffolk, in a state of distress, met a life boat having put eff to the assistance of the said brig, that the detendants conspired to prevent assistance being given, and in pursuance of such could dry did cut the tope by a Inch the life boat aas fastened to the vessel. Sir C. Itubitison, the King's Advocate, opened the case to the Jury. Thomas Bates, reunited by Mr. Jervis.—He was a seaman on board the leestmeretted, humid from Stockton to London. Out the nth of December last, iu a gale of wind, she unshipped her rudder going over the Stareport, not far lions Lowestotle ; she broached to and was miniaeageable—slie went ashore on the Newt:time. She drew ten feet water—she was laden, and the value of her cargo was (.0001.; she eves 108 tons adineasurement, As SOOll as she got on the Neo come, the master ordered the anchor to he let go, which was done, bat it did net prevent Per fruits striking. cable was then cut, and a signal of distress hoisted, and four or live pilot heals came off to them. Among the rest a yawl, called the Sea man's Assistance, with about 13 men on board. Denny null the other pi kernels wile of the crew. They threw a seat p to the boat flow the brig, and the yawl hauled alongside, under the weather bow. Shortly after, a life boat came off, previously 'o whist: the yawl had put two men on board the brig, namely, John Stelthings and William Butcher, jun. When the lire boat came alongside, the signal of distress being still flying, but as soon as Stebbinge got on board he went to the biped, mid began to haul it down. No ()relies were given by the master of the brig Ito lower the signal. The lite boat came alongside white Stebbings was engaged in hauling down Ike 61g011 ; she came Olt the lee how; she was under sail, awl pulling with oars as well. Lieut. Harmer, R.N. was oil hoard the life boat, and lie Mittle her fast to the brig. The men in the yawl upon this bang out, " Cut her away, cut her away." —When Si ebbings had hauled down the signal, he came towerds the starboatil how, and winless asked hint to as sist him in throwing out a Warp to the life boat. Instead of doing so, howeser, he leaped over the bow, and cut the line by which the life boat was fastened to the brig. The anal was at this time blowing bald froin the south, and the title was setting strong to the southward. The si a was very high. 1% ittiess epon this aunt to Mr. Ryder, the master of the In ig, and said, "The villains have cut the life boat away ;" to which lie answered, "The villains, the villains!" No one on heard had ordered Stebbisigs to cut the rope. The Wig was at that time in extreme dan ger of going to pieces. When Stebblees heard Captain Ryder say, "'l i re villains, the villains!" lie came up and said, "'They have no business here; the Map is ours, and we have gut the ship; we ate' yottr safeguard and protec tion, and you are as safe as it' you were on shore—we'll take you on shore." 'ldle captain made no :ewe et that witness could hear. The bi t then began to tloat in a little, and the yawl being made last to the steel), awl tow. itig her. Additional sail was then made; they filled the foresail, jib, and tare-stay-sail, the ol.jt et beteg to get her he c the wind, and so to Inn her 00 Levrestotre beach. They gut her oti the Neer:come, and got lulu a gouil clime nel. She had been aground about an hour, beating Ott the Newcome. When she got into deep water, she would nut aeswer the helm at all, the rudder being still unshipped. When they felted that she nettle water, wit -0666 and two others of the mew went to the 1,11111114, and found that she was its a sicking state, and told the men trusts the yawl that it was no true pumping, and di sired them to haul the yawl up, and take the clew on 'maid. They did so, and the yawl's people got on board, and took out the female passenger and the caloin boy. Witness was anxious to get on board the yawl to save his life. The yawl's men, however, had nu sooner gut the woman and boy aboatul, that. they cast ou the rope and went away, leaving winless, the captain and mate, and three other seamen, on bused the brig. They called out loudly to them not to leave them, but they paid no uttention, and meditated their course right away. Witness and the mete had put their dollies on board the yawl before she heft. 'file brig at this time was settee; forward and going down rely fast, mid all the crew got as tar abaft as they coins to get to the yeah yawl was large enough to hold them and tiny men snore without danger. When the yawl cast MI, the lite boat was about the distance of a platter of a suite ft ma them. 'lite time was about live in the evesiiiig, and it was a little dusk. Captain Ryder seemed quite helpless, from distress. The brig drove to about 200 yards from the slur:, a lien the clew cleared gaily a boat, and gut her along side, mid two t urn got into her, lett she upset, and the two seen were lost. Witness by the same sell, was viallied up into the setain rigging, nod remained lie the a ater left him. Captain Oder was then abaft, mid witness and Southern the mate went to 1 • . He was soon after knocked octets by a blow uu the head trine the tiller, select* was swinging to sod fro. Witness and southere men tt ll g to go into the main top for safety, tried to get the captain with them, but he was inseesilite, mid aas webbed enema by several successive ayes, until lie was quite dead, and then witness aud Southern left him, aud acid tutu the insist top. They remained thete itll the 'text iiiii ruing, about two o'clock, when a boat tame ult . 'el them %%dim Leen Helmer, tied put him on boatd, met he called out to them hi the male top to stop whet e they wet e, and he %wan never least them until Le gut them into a boat. Ile aas left on boat it alone, the boat being obliged to go sway, and scummed there until the boat ap pi °ached *gain, and he searched fur a lute 10 throw her, butt could out titill one. He kept on LOalli until Ute boett threw a rope, ssltichi he caught, and made last, and then ca!li el to es iii.ess coil Seetheitt 10 clime down tit/1111k tagging. N tti.ess ,;..urn, but southern was unable to ugh front weal netts, diet Lie Helmer went up and 'nt hart ewe it, :10.1 cat tied him ut. to the boat, anti they were taken ashore. Ily the Court —The people in the life boat had not time to come on hoer(' belt le Stebbings cut the rope. if the lite beet Itsd been Buttered to assist in towing her off, witness consideis she a 'mid have been of material service iti getting her tens deep water, and they undoubtedly could have taken them out of the Wig. William Southern was cook on boa. d tile frotmureland K '! . ...:~ - - - SESSIONS. when she stench on the Newsome. Ile corroborated the statement of the last witoess us to the comfort or the soot nod the life boat. Cross-examined.—Captain Ryder helped the woman into the plot, and she su n g tin to the brig a leo minutes after lout. might he Ike minutes, By tin Coml.—There a as a lienir) shell at the time, and the pro I 55116 tun fat off fur the hi ig's crew to get aboard the yeti!. Robert Clarke, the cabin-boy, was next calli d, and gave nearly the same account tile former witnesses. By tile Loto I.—lie got over the stern of the briti into the yawl. She hung on about a go:titer of au hour arter he got aboard, but the woman was tsut in. Tale crew of the yawl did not cull to the , to ig's crew to come aboard, or to retake Mote, or else they must leave them, or any thing of that kind. The 'awl was nut stove that he sae,. Robert TIIOIIIIIS Curter so orm—lle commanded the life. boat that went off to the West ttttt reland.—W lien she got 44 to the brig, Die assistunce yawl got alongside.— Witness 11W It man go up halo the 'mint rilging, :aid cut trolly the signal of distress, and the same souk; mail aft ee. wards tut the rope by which the life-boat was made fast to the brig, the yawl's crew calling out " cut the li—rs adi itt, they have no Innine.s lacer. Before the rope was rut, Ilie young mints culled out to Mi' Minus, who was in the life boat, to let it go, but he would not. The crew did not make any attempt to get on board the brig, hot a man stood ready to heave out it coil of rope to make fret to her. W ben the rope wail cut the life-hoot drifted to tress tad, and she c 01.141 nut come up with the brig again. Mr. Dormer called out to Moto If they should come olougsille again. but could not lacer. the matter. The brig, at the Mille time got into deep oak', had her foresail, jin, and fore topmstast stay-soil set. When the life limit wits cut adrift the greatest distance she got from the brig Iva. 40 or 50 yards. The life boat could have e,iveni addit• 1 assistance, if they had gone ithoard ; They could have taken out oil anchor, or assisted in lowering, or in steering the brig before the wind, so as to pies eat her going on the Midfield Flats, and gut her on their own beach. lie saw the yawl leave the brig abort tell minutes alter she got into deep water. The life boat it as about a tawnier of a mile astern at that time. The yawl was huuled close to the brig far about ten minutes before Moe left tier.— The life boat did nut go near the b 1 ig after the yawl left It was the opinion of all the life boat's crew th it the yew I had saved the brig's people, und so they bore up towards lionie• The yawl had two or three streaks stove in on the starboard bow, but it did not appear to disable her, nor did they make ony signal of distr . ?. s. 'file cargo might have been saved ; but not the brig if she had been rot upon the beach. Very little of the cargo was saved. Witne-a is of opinion that she might have been got upon the bench if the WC boat might have been sutlered to board her. Ile saw her 'udder was tioshipped, and he did nut think lit the time the yawl alone could stave her. Ilad be been the Captain of the brig he should have preferred having the too boats. Lieutenant SaillUL I Healy [homer, R.N. sworn. On the Ito of December 1 saw a signal of distress flying from from a brig off Low estiod, and too boats went oft to her, but one only reached tier. Soon after that the life boat w..s launched, nod went etli 17 or lb hued:, ; she was com manded by Lieut. Curler, and I went as a volunteer. When we reared the brig we low ered the mast, got our oats out aid pulled altings.de• I was forward, and l caught the rope from the brig, and ovule the life !HMI fast. Tile yawl called the sellinllll . ll assistance was then alongside, find 1 saw a man. cut away the signet, idol soon afterwards Our rope was caught bold of by one of the crew of the yawl, who called oat " your ryes, let gal ; take that thing home, y.. 11 hare no busintao lieut.," I Mid hold of the rope, and I refused to let go, mid he (Stebbings) cut it, exclaiming '• d—rn your e:st -, go ashore wit h that thing, you have nu business bete. " then 8:1W the signal dog cut away. Wbrn the rope was flit we drifted to the leeward ; we could have boarded her again. bat did not, because she drifted over the sands. and got into deep water. It we had been permitted to remaiu nt first I think the two boats could have steeled her, but not after she toil of w titer, became a vessel, when she fills, Moo), teems round to the wind. One boat l think could not have steered her, even °elute she filled, but two (mild. We could not have been of ally use to her if we had remained while elm n 111 on the sand. The crew would out have bees jte tilied ill leaving the brig. Whets the yawl It ft her, it was the opinion of all in our boat that she It taken °tit the crew, and so we did not go near her. It did out appear to me that any body had the command of the yawl—they seemed to be all hail fellows recut mt. I dill not know nut I the night that all the crew were nut taken out, and 1 learned that by meeting all the prisoners but Butcher, who wine hauling a boat along the beach wills horsea. This wait about 14 o'clock. I requested to join them, and did bit, aud we hauled her along within the breakers, e n d put elf to the Wig. 1 jumped aboard, and while I was In rule 1111.411tigging a serte4llll., and the boat's eicw were obliged to slip the lope mill put off. I kept in the loath rigging snail another boat came, and we saved the two men oil board. Our object was only to save the crew, and we should out have claimed any salvage mut.ey if we had succeeded. We wet e all vultuitrers. Cross examitted.—W lien we went off at night to the hi ig, we were all at the t isk of our lives and in itt no lit hazard. The boat was drawn by Dentry's own looses. — 'llse prisoners, who went off with, us at night, did all that brave men cuuld do to save the men's lives. Lord Stowell (511r.11arnier has hie finished bia evidence.) —Lient. Harmer, your conduct, as well as that el your Mother officer, on this occasion, has been most highly meritorious, atilt the Grand Jut y yesterday expressed a desire that it should be repre:esitett to the Admiralty. I shall hike care that it shall be so irprementeil. John Fowli I soot-m-11e aas a volinitter in the lite Mat. He saw the signal Bag stuck, autl heard voices from the yawl call out—cut the llag--eut the Bag." The yarrl'il people also Call/ 11 ullt—' go lisbute you you have no business here." lie saw ale tulle ant. The lift boat, it tie rope had out 1,4 ell cat, would have sa ted the been. .1 limy neVet would Bute kit lilt until they had gut them *heard the Me boat. Wino , . dues nut think that iu milting the rope the yawl's area had any inteittiMl tUts.,llls Inv 111 crew, Mit that they did it fruits ata idea that the people in the life boat out.lit claim part of the salvage Hmy. 'floe Dee. B. Richton swuru.—l le LIIUWS !)cony. After the occurrence of the 7th of December, wiiticas rcurnr 'traded with Mtn upon having cut mil ift the lite boat, 401 lie replied that he did nut 11111Ik 110 had those any thing mot 4, than was the custom and usage of boats going off to vessels is that. sittudium Witness did not learn from Denny at what hoar he made it kuuou that part of tile brig's crew were left on board. J. Humphries, out of the uslitels of the Wcamotiland, • • "