The Sun. — London, England, 1802-10-27 00:00:00

i- --- ;ad the Invoices from Mr. Easterby, and t :d them back to Mr. Easterby at Deal." [Here the Witness was again interrupted by the Counsel, for the purpose of proving a notice given to all the Prisoners to produce these itivoires, and other docuinents respecting the Ship Adventure, &c. in or.lcr that it such documents were oot produced, parole evidence might be given of their con. tents—which rout being gone through, the Witness pro. ceeded.] ""1 ne.amlunt of the Invoices appeared to me to be about 90001. but I did not pay particular atten tion to that, I proceeded as Supercargo to Yar mouth. I cannot pretend to say, whether there were things in the 'lnvokes which were not on board. I wrote to Mr. Eastcrby from Yarmouth, and told him I did not mran to sail from thence in the ship. I afterwards went to the Downs, and saw Mr. Easterby at the Inn, but not on board the hip there I finally quitted. the ship, and deli veted up the Invoices to Mr. Easterly, at Deal. There were two lads, apprentices of mine, .on board, Mor ris and Kennedy. ruere a Letter of Codling, found at qv: lodgings of Mr. 1-;:sterby, at Brighton, which furnished a clue to whole case, was read.] Captain Deuglas, examined by Mr. KNOWLYS._. , I got to Brighton on the loth of August last ; I saw the ship Adventure there ; only a part of her mast was above - water. She was about two miles and a half from shore ; I went to her ; I ttent again on. - shore, and saw Mr. M'Farlanee Mr. Easterby, and Mr. Read. When 1 saw them, I slowed them the apthority I had from the Underwriters to inquire how the ship sunk, and said, it was necessary to detain the Captain and the Crete for the purpose of assisting me to get her on shore to save the cargo ; but I mentioned no other reason at the time. Mr. Read took his watch out of his pocket, said it was part of the cargo, and offered to resign it to me, saying, he had no right to it, for it •was part of the property belonging to the Underwriters. I then went with Mr. Smith, when it was endeavour. ed to get the ship up by the - Boatmen, anti others who lived at Brighton : they worked at it the whole day, and I came on shore, and remain. ed at Brighton the rest of the day, taking notice of what they were about with the vessel, but took no alive part myself. On the Wednesday morning I went to the place where the Stagecoaches go off; and 1 saw Mr. M'Farlane and Mr. Read walk ing together : I soon - afterwards joined them, and they informed me, that Captain Codling was going to London in the stage : I expressed my astonish. meet at their permitting him to go, after what had passed the they before : Mr. Easterby then said, . that he would detain him, which he did, and sent one of the boys in his place. I 'do nor remember that I communicated to them anv report respecting what happened to the ship. Mr. Easterby, My . self, and Mr.• Read, then walked together to the other ship. Mr. Read said, he had some watches and some tinte.pieces, and a sinall ,bale, which he wished to give up-, to toe. I met Captain • Codlieg, at • the Lou, and told him it -was very wrong, to attempt to leave Brighton, Flail the fate of the Vessel was known, He said he had no place for sleeping—and was obliged to lie on the floor.— Mr. Easterby said it would be a great expence to him to continue •there.—l said 1 would bear the expellee, on behalf of the Underwriters ; aett, with respect to his trot getting a bed, if he could not get a bed at the Ine, where he was, I -would endeavour to get him one at the White Horse, where I was. filar was on the Wednesday morn. ing. Codlits said " Very - well." I under stood him, as if he meant to remain. The Ship was, of that time, on her .way, getting to shore ; but she was not got tte the shore, until the Thursday moreieg, the r et h, about tee o'clock in the morn. ing, 1 think.—l went on board, the Ship, but did not see the hatches 'open ; I saw the h o le s i te t h e ship ; the holes that were made in the scuttle ; saw that from the outside; I was the lint . person who went into the cabin after she was brought to shore. On going in, I found the lower pant of the larboard side of the cabin knocked down, and part of the ceiling torn up. There was a hole, which appeared to be done with a rude instrumente•—it was about nine incites long and four inches broad. By a rude instrument, I mean in comradistinaion from a sharp instrutnent,which breaks rather than cuts.— It was in the run of the larboard quarter ; Ldid not ithen perceive other holes in- the eVip : on the fol. lowing day, I perceived two auger holes also on the larboard side. The auger holes were nem the keel on the larboard side ; the two auger holes were not sufficient to sink the vessel,' but the hole made win the rude instrument, was quite sufficient - to sink the vessel, and I have. no doubt she was; sunk by it. It appeared to me to 14e done front the inside of the ship, for the lockers and ceiling appeared to have been knocked down for the purpose of doing it ; she was lying on the opposite side to that in which the holes were made. Upon going on board, I saw an auger lying upon the cabin floor; I silty Mr. Easterby and likewise Mr. Read afterl had seen the condition of the ship; they Were. at Brighton at that time, and went with them to Lewe., where they were examined before a Ma. gistrate. I said to Mr. Easterby that he had aded very imprudently in leaving Codling to quit the place, (for I had then learnt that Codling had gone away.) I do not recoiled that Read was present then ; Mr. Easterby said he thought there was no harm in it he was only gone to London, and meant • to return the following day. .On Friday Me, Levie tame down to Brighton, and, then Easteeby was gone ; it was after we had been before the Ma gistrate, by whom .Easterby was discharged, and Read admitted to bail. It was, on Friday night that Mr. Easterby left Brighton. • I then . went to Mr. Easterhy's lodgings, and there I found eotne letters (among which was One in the handwriting of Codling, which gave a clue to the whole transaction, as we have reported al. ready.) I told Read, and believe Easterby was pre. sent at the time, ' 1 that 1 • thought the ship had'been sunk ;" he said, " he had not the least doubt of it ;" but he did not say by whom he thought it had been sunk. - I afterwards went tolierwich, and ay. _plied to the Tostmaster there, to see the names of the persons, in the Packets, but I did not see the name of Codling. • The Packet was under weigh, s going to the Continent. I got a warrant to search • the Packets, and pursued them. I got on board the first Packet and searched I found he was not there. I then %vent on board the other Packet, and found Codling in a bed with his coat off, and the test of his cloaths on. I found no particular'name•given in for him. He was searched. I took him into custody and brought him home." Cross-examined by Mr. FIELDING on behalf of Codling, the Witness said, the vessel was in fad towed on shore, and she was afterwards repaired. Cross-examined by Mr. Serjeant BAILEY on behalf of Read, the Witness said, that the watches and the time-pieces he had spoken of were in the possession of Mi. Read, for they were in the room with the rest of his packages in his box. Re-examined by Mr. KNOWLYS for the Prose cution, the Witness said, the ship was in about 7 fathom water, and about three feet of her top. mast in sight. Richard Brewer, examined by Mr. MARRYAT. " I am a Shipwright at Shoreham ; I assisted in bringing the vessel into Shoreham harb' ur, after she had sunk off Brighton. On getting her to the beach, I observed the water. to run out.of her in three places below the water-mark :..the upper. most of them 74. inches 'below the watermark ; they were in the larboard aft quarter ; in the Lir.' board run. The holes were made front the inside,-- I can speak with certainty to that from the ap pearance of the ship, for I have been used to these t4ings for many years.—lf a hole is made on the inside, there is a roughness - on the outside. I found the lockers were broke to get at the ceiling, so as to get at the bottom where one of the holes was stove from within ; it is 18. inches and an half by 2 and an half..-,-Two of he hols appeared to be bored with an auger"— Here the_ augers found in the ship were produced, as %%as also the part of the plank of the ship cut out for the pur. pose, exhibiting the large hole which had been staved in and described- by the Witness.—The Witness proceeded.—" Any one may see that this hole was made from the inside of the ship, for it is torn, arid it is larger on the outside than it is on the inside.—The ship received no injury in towing in, for we plugged her ; 'neither was she pillaged, for we guarded her : she was brought into Shoreham harbour." • Cross.eNarnined by Mr. FIELDING on behalf of Coaling. the Witpess said—" I st,•pt the holes,. and enabled the Ship to swim into Shoreham Har. bour." Q. " She is capable of being repaired again ?" A. " If there was only a stem anti a stern post, you may make her up again if you have all the ma. feria's." Lord EL ter eo,tauGhi"Was she destroyed as a vessel for the purposes of navigation, until she had those holes plugged up ?" A. " Yes, ms Lord, she was certainly." A number of Witnesses were afterwards examin ed on the part of the Prosecution, from whose testi mony ayariery of circumstances, more or less tend ing to implicate the Prisoners, particularly 114‘Far lane and Easterby, appeared. A great deal of do. cutnentary evidence was also adduced, such as the Powers of Attorney given, and the appointment of Read to aft as Supercargo of the vessel, &c. In the course of the cross.examination of those Wit nesses who spoke to lads - affeding Read, some circumstances miller favourable to that Prisoner transpired. A great deal of the evidence in this pit of the case, as well oral as documentary, relat. ed to the various insurances made with different Underwriters, - which by one calculation amount. ed to 58501. in ,the whole. Miele were effededs for the most part, in the month of July ; in some instances it appeared by Easterby, but in the great. er number of instances by Easterby and WFarlane together. Even the • Commission was 'insured to the amount of asol. It appeared that the different policies were duly executed by the respedive Un derwriters with ,whom the Insurances were made. In these cases the general understanding was, that it was a joint concern of Easterby and Sl(Farlane, both with resped to the ship and cargo. This part of the case, on the part of the Crown, being-gone through, a body of evidente was ad. duced with respell to the contents of the cargo, i ts nature, quantity, and value :—a part of what was taken up as .the cargo, it appeared, consisted of some very valuable plate, and various articles of cutlery and hardware. There were among it sixty pieces of silver plate, four packages of earthen ware, foufboxes of China ware, a case of cutlery, some tea, dquantity of ironmongery, some cases of hats, some oil, a variety of musical instruments, among which was a Grand Piano-Forte, by Ganer there were also some tire arms. The insurance, on a _part of the - hard-mare and the plate, amounted to nearly tool. Sot - ne evidence was also adduced, respeaing the facts of raking away a part of the Cargo from the ' Vessel ; from which it appeared twelve cases were taken away, by direCtion of Mr. Easterly ; this was while the Vessel lay in the River. The prin. cipal Witness, with whom this pan of the Case rested, described that a whole heap of things, chief ly inclosed in cases, were taken out ; there were two boat lolds. He described the part which Easterby took in this transadion. A great deal appeared on detail relative to the ordering the musical -instru snints, which were ordered by M'Farlane and Las. terby, at two different periods. The amount of the first order was for upwards of 1851.—0 f the second - zza. of which the bills were regularly made out. , Peery, the Officer, described a number of articles which he found at M'Farlane's house, and also in the house of a Mrs. Smith, who was the sister of a Mrs. Patterson, a woman connected with M'Farlane. Mrs. Smith and Mrs. Patterson were also brought forward ; they spoke to the removal of the articles in question from the house of Mr. M'Farlane to the lodgings of Mrs. Patterson, &c. the latter alledged that the causes of her removing the goods were her apprehensions from a servant maid who was in the house, and also in consequence of the 'Bankruptcy ti and she also spoke as to the identity' , of the goods removed'hy her from War lane's, and those taken to the Police Office. - With this woman's testimony the Evidence fur the.Prose_ cution closed'. • 11 - lArri3N-G,lancs.—Yestfrday the fcur rersrait , who are charged with tie murder of Parni,hlir. in Cernpton 7 street, a short time since, .underwent final examination, in the course of which, Sini:h nt fering to confess the whole business, the Magistrates accented his offer, and he was admitted an c;idencz for the Crown. The following is the detail of his evidence : That he had only been paid from the Lyon, 71 few days before he became acquainted with the Prisoner Briscoe, which acquaintance took place in encase (pence of both their mothers living in the same court. On the day the murder was committed, he met Bris coe at some public gardens, where he, at Briscoe's request; lent a man in company with them a shilling shortly after which Briscoe and himself were on their return home, when Briscoe said, "the fellow has stolen my knife," and immediately feeling in his pocket, he pulled one our, and opened it saying, " no ; he has not," and that the knile he then pul led from his pocket, had a blade Neu like the one found upon the prisoner Baker, and now produced. In the evening he met Briscoe, his wife, and his wife's sister, wiith the prisoners Denham and Baker; at the Harrow public-house, in Compton -street, where they weredrinking,&c. In the course of the evening the women went twice out to buy some fruit ; the last time they went out, he, the Witness, had occasion to go to the door, and when there, saw Mrs. Briscoe and her s ister 'peaking 'to two men, and heard. one of them say, in a n swer to some ve ry indecent expressions made use of by the men, " eve are notyour sort." Some further cony ersation passed, when one' of the women said, " I'll go and fetch Jen) and directly afterwards Briscoe and the two other Prisoners rushed out of the house together ; at which time Briscoe had an open knife in his hand, and • Denham took an instrument out of his coat pocket, which appeased to the Witness to be something like a razor or lance : - Briscoe, Denham, and Baker diredly attacked the two men, 'and he saw Den ham and Briscoe both stab them in the side with the• knives they held in their hands. After they were Separated from the men, they all returned into the public-house, when he saw Brieeoe give his knife to Baker. The knife was produced, and die Witness said it had a blade resembling the one Briscoe had, which was found upon Baker when he was first 'ap prehended, and on being fitted to the Waistcoat, corresponded epaly with the opening made in it, and to the wound of which the deceased died. Shivenen, the man who was in company with the deceased, and who was also severely wounded by a stab and a cut from some sharp instrument, which he supposed tobe a knife, swore positively to the per sons of Denham and Smith, both of whom he sal' attack the deceased and himself, and give Several blows ; but whether with a knife or not, he was not prepared to say. A confession, which a man of the name of Hurst had, a *day or two after the murder, heard made by the prisoner Briscoe, which he, Hurst, has stated Up on oath, teas read, and in every. respect it corrobo rates the evidence of Smith, and a ariety of otnet circumstantial matter, which ifas before been g i ve n. Upon the whole of the evidence, they were fully committed for trial. FIFTY THOUSAND POUNDS Are allotted for the First Drawn Ticket o n the first and•fourth. Days of Drawing of the presefit ,English Lottery, which begins on Monday, 11 1 z9th of November. The Scheme also consists of three Prizes of io,oool. three of soool. and cbt;ler Capitals of toool. gool. tool. &c. &c. amonnling in the whole to 288,000 l.• The Tickets, Halves , Quarters,: Eighths ; and .Sixteenths, Stampt Sharesi are selling on the lowest terms at Nrct-toLsoN' s fortunate Office, No. IC, Cornllill, where, in th presern year, two Prizes of zo,oool. and sood. each, were sold, divided into Shares. STATE . LOTTERY OFFICE rr MUSSY and Co. No. 26, Cornhiil, London. The Nobility and Gentry are respectfully ac" quain'ted that the English Lottery begins Drawing next mon.th, and. that it will be advisable to- I° 6e no time in . purchasing Tickets and Shares, as.illef, will soon advance. The Scheme, which may be lead at HOVISB,T and Co.'s is - universally approved Clubs and Societies lay their money out as l he i culled it, not waiting as in foram - Lotteries t ifitl i two or dime days. before the Drawing.-25,900,.. !Or the first. drawn Ticket has wonderful attiaciinn; 10,0601. the second day, 10,0001. the third (la)" , and z ,000 the fourth day, bemicies Capital FrizO for every day's drawing. The last Lottery wJ S quickly disposed of—Tickets rose to an ex - trava ,. gant price.—The present Lottery bids fair to sot' pass every preceding Lottery. -•- . Prizes paid on Demznd. SWF GRAVESEND, OCT. 25. Past by—the Triton, Mann:;, from Skcinder; and Ha' Increase., Potter, from Christiana. Sailed—the 'Lard Nei:ion, Griffith, for lied;; ; Adams, fur St. Michael's ; Anna, l'avilLsr, for Waterfor Margar,tt, for Tenerith!; Elbe, --, for prenierii: I.7rois Peres, —, for Dunkirk; low:w ' f33d for Rotterdain; Two Gebic.:ders, Dc - V're.s, and "I'vve C 4b117. ders, Loy t, for ff tt. S K.}, YFIFERI,AY. _ . ............ !Sulk Stock • tip.:rit Stocl.:. N.ory per Cent I Stith St..vt Stock 3 3 ;ler Cent. 17w% Excited. kill:, 3s. 11 r Ora . 1 rish 5 per.t.oit. ' f itiuLAble ditto prciii. • 4 ;ter ~ ..'CIII. Coo. i 3ri. Exche(ocr Bills diS• 4 tel Cont. Rect. 673 68 67i Orrinann 9i 9 82 9 3-pc:c Cent.Con.6BL':ei c i 1 roper. 3 1,...r t. cot.. , ittro Scril , t).itto Ann. .. Bank i.. Ann. { clank for opening • . t)ittoShorz A Uri. 1 India for Acc. ihtto Scrip I Cons. tor Nov. 6sla ' 0 8 COURSE ()I , R.VCILINCE. TL;EADAx, oc I. 26. A rnster(l7llll It 2 2 Ils. I Madrid )fight It Pato Rott:frdiuri 3 2 us. - 33 4 2. us. • Napi.es - ituna - - 5 2 US. GetIOA - Paris I daY7S da. 2 . ; 15 f Venice Paris z usarmx 24 2 Livres Lishon Bourtleaux, do. 24 3 Oporto • Cadii in paper Dublin - Ditto • - '361 efri!eive- in c‘f ect' VC ;3 6 511 - . ' . - ,; . , LONDON t Prlnteci by BUCHANAN WM I I,BAN, (9f Bow-St/Tv: Covent-G.irdeni; and Published by WtLl I A 11 Aftmtot<a Sit /rt., (of South Molton-street, GtosPenor-stlthlr&); At the Stni3Orrice, No. 11.2, •strgntii where .4ktiirtitereerttr, Order; for the Paper, Irstrri fin the 4rtitor eicc, (tov...taid), muit be alit - es:4d. f • On the Prisoners being called on for their defence, a short discussion arose, in consequence of some ob-- jeetions offered by Mr. FIELDING, it', behalf, as we could colleet,- in the first instance of the Prisoner Read. He contended among otherpoints, that there was no satisfaftory evidence that any at performed by him was done to prejudice the Underwriters, and with out such an intention being established, the charge of felony could not attach. He had no conception Of any equivalent proof that could be substituted in failure of. the above. He also referred to the case as affeCting Codling, in which, he conceived, there was pot an -atom of Ltili:ient evidence. The LORD CHIEF JUSTICE expressed his opi. nion that that consideration was matter for the jury and himself; and seemed to say, in the case of Codling, that if there was no intent to prejudiCe the Underwriters, there were no pretensiOns to sustain the Indidment. Mr. Ft tLDtNC made some further observations in support of his allegations, to which Lord ELLEN BOROUGH replied. • In behalf of Read, his Counsel, Serjeant BAI LEY and Mr. GURNEY, objeaed at some length. It was contended, that he had no concern with the navigation of the vessel, nor had he any controul over the Captain or the Officers of the ship ; and that a person, situated as he was, was not in the Contemplation of the Aft of Parliament—his Letter of Attorney differed from the generality of those which went to appoint. Supercargoes ; and the favourable points in his case were also strongly ad verted to. Lord ELL ENBOROUGH, in the course of his Ob servations upon what fell from the Learned Counsel, .aid, there was some matter for serious considera tion, in what had been advanced. M'Farlane and Easterhy being called upon, the former, in addition to his leaving it to his Counsel said, .he had a number of Gentlemen in Court, rea dy- to depwit to his charathr—and observed, that he had been in His Majesty's service twenty-eight years. Fisterby confided his defence to his Counsel. Mr. ERSKINE then rose and addressed the Court, in a speech of considerable length, in which he displayed his usual abilities, force of eloquence, and legal knowledge. He professed his agree. meat with much of what had fallen from the Learned Counsel, who had previously offered ob jedions to the observations of the Noble and Learned Judge thereon, hut he directed his argu ments in favour of his Client, chiefly, if not sole;y, upon an important consideration of Law—he con. tended by a fair construction of the pia , ttice of the Law hitherto, and the relevant Alts of Parliament, the Court of Admiralty had no jurisdiftion over such a case as Easterby's appeared in the evidence for the Prosecution. He observed much on the strianess with which the Law of England re quires- local jutisdi4ions to he observed, lie described the leading provisions of Statute of Hen. which was framed for the better re. gulation of these ; those were, hoWever - , in some points of view so stricl, that a felony partly corn. miffed in one county and partly in another, could not be punished. Under that intergretatiOn of the Law, .the heinous crime of Murder would also go unpunished; so would a case where an accessary after the fart, committed the offence in another County, as the charge could not be venued, as in such case a Jury of County A. could not take cog nizance of what happened in County B. S uc h were tlle.eff...ds of strict locality of Jurisdiction. He referred to the Statute of William HI. as affeding that of Henry VIII, in such a case as the present ; and these objections, he - contended .most emphati cally, applied to Easterby's case. The particular A'l in question, however,. was that of the I Ith of George I, Chap. 29, which especially provided, that if any Owner, Captain, or . Offieer,,&c. of a ship, shall wilfully cast away, burn, or destroy .the same, &c. he commented Upon the bearing of the evidence on such a chprgc,but principally contended that as the part phich the evidence went to attach to Easterly, such as the •direCting, procuring, &c. must have been committed- on the land, or without the Juris. diftion of the Admiralty, his case could not be cognizable by the Court which he addressed. The Act of 'Henry Vilith. required such an offence to be tried by the Court of Admiralty, which could only be done when the offence was committed at sea: but there was no evidence of Easterby's hay. ingbeen on the sea at all, or even that he was on board the Ship :—pressing this line of argument for some time, the Learned Counsel contended his Client could not be touched as an accessary until this important question of the Jurisdiction wits de cided. Mr. Serjeaut BEST, and a third Counsel, followed Mr. ERSKINE, and supported his arguments, with considerable ability. [ The lateness of the hour prevents our attempting any thing like a detailed Exposition of these gentlemen's Speeches, or of the subsequent Proceedings of the Court.] Mr. GSRROW replied with great ability to the arguments of the Counsel on the other side. He seemed to refer to the opinion of the Court ; and in concluding expressed his opinion, that if this Court had no jurisdiaion of.such an offence, no other had. The jett of the Loßb CHIEF JUSTICE'S obser vations upon the arguments of Counsel was, that he thought the cases may be properly rcferred for a special consideration. After a few observations between Messrs. ERsittNE and GAR aow, and the Bench, it seemed to be his Lordship's determination that the point should be referred for the opinion of the Twelve Judges. Some evidence was then gone into in behalf of Codling and the other Prisoners, and a number of tespeetable Witnesses appeared to their charaaers. Lord ELLENBOROUGH then entered upon .his Charge to the Jury, which took up more than two hours in delivery. The Jury then, after some time, brnozht in the following verdkt Coaling, Gz:dt . y—M‘Fitrlane, q:idty—Eastetby, Guitty—Rcati, Not Gi;;/;y. Codling immediately received sentence of Death. Judgment upon M‘Farlane and Eastcrby was respir. ed, their cases being reserved for the opinhin of the Judges and at twelve o'cclock_the Court adjourned.