The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-06-24 00:00:00

SERIOUS (MARGIN AGAINST AN ASSISTANT
PAYIKASTER.
COt IT 11/ATIAL At PORTSMOUTH.

A court-martial assembled on board the Duke of
Wellington, in Portsmouth Harbour, on Thursday after-
noon, for the trial of Mr. Gemps V 1. C. Yorker, an
aesistantratymader serving on board the Bouswen,
training for boys at Portland, on two charges —line,
for that be 'd on the 9th of May ultimo fraudulently
appropriate to his own use the sum of CM, the same being
poperty of Her Majesty, he being in charge of the
same, in the absence on leave of Mr. William Noble,
paymaster of the ship; and secondly, for that he did
commit an act unbecoming the character of an °Meer, in
bringing on board the said ship • woman who was living
with him., his wife, she being no relation, and introduc-
ing her to the wardroom officen as hi, wile, she
afterwards dining at the wardroom table.
The Court was constituted as follows e—Cspisin Duncan
G. Davi& H.M.S. Semple (President) ; Captain A. It.
Wright, 111.M.5. Did° ; Captain J. F. G. Grant, H. MS
Masher ;Commander Hugo L. Pearson, H.M.'s Yacht
Osborne ; and Commander M. J. Dunlop, H.M.S. Duke of
Wellington; Mr. G. P. Martin, barrister-at-law, Deputy-
Jedge-Advocate of the Fleet. Commander George B,
Evena, of the Boacawen. prosecuted; and Mr. Howard,
solicitor, of Weymouth, appeared u the prisoner's friend.
Frederick Welfair, a writer on board the Beseswen,
beard the prisoner state to Mr. Charles Raxworthy,
assistant paymaster, that he wished to advance himself
three months' pay. Mr. Ras worthy advised him not to
do so, aa he was not entitled to it Mr. Baxworthy made
some allusion to the circular on the subject, whereupon
the prisoner said" Ido not care a d— whether I mu
entitled to it or not, I mean to have it,, Subsequently
the prisoner called witness into the Twister's cabin to
witness his making the advance to himself. The prisoner
took 1.10 from the chest and ordered witness to enter the
matter in the advance list, which he did.—The prosecutor
stated that an oriental document was forwarded, with the
other document, in the case, to the Commander-in-Chief.
—The prisoner consented to a copy being put in. It was
as follows:—" My reason for paying myself three months'
advance was solely on account of my late father • decease,
which, coming unexpectedly as it did, put my sisters to
large expanse, and as they were left wholly by themselves,
and consequently depended upon me for ready money
until the affairs of my late father are settled, I used my
own judgment as an officer of thirteen years: Mending,
and advanced ;aril this sum, which I will at once
replace
Noble—, of H.M.S.. Boscawen, dated that on
the afternoon before the itth of May. he beard a converse.
Mon between the prisoner and Mr. Raxworthy. Witness
broke in upon the conversation and told the prisoner that
he waa not entitled to it by the rules of the Service. About
half-an-hour afterward,, the urinous- came to his cabin
and said it was riot altogether chat about his wanting the
money. Ile said "I have three aisters, and something
must be done for them." Wanes' said, 'Yen had better
write • letter to the Accountant-General, and the Admi-
ralty may, on account of your father's services, grant your
request, but whatever you do I strongly advise you not to
touch that money." The prosecutor said that • charge of
fraudulently appropriating public money would be
preferred against him The primmer did not re-place the
money in the public chest.
Cross-examined: The captain told the prisoner that if
the money were returned at once the charge of
misappropriation would not be preferred.
Mr. Cheries Itaxworthy, assistant-paymaster on Loud
the Boecawen, could not swear that it was in the writer's
presence that lie stated he intended to take three months'
advanee. Ile said to prisoner "You ought not to talus the
money, as you are not entitled to it in any way."
As to the second charge, the Rev, Junes Payton,
chaplain of the Boacawen, wrote • letter to the prosecutor
respecting the prisoner about the end of May. Sulu-
quent/y heard the prisoner questioned by the prosecutor,
who asked " Is that person your wife rand the prisoner
replied" No." The prosecutor "Aml to understand
that she is not your wife r and he again answered" she is
not.' gyug we were sitting at luncheon the prisoner
said to the first lieutenant" I wish to apologise to you all
for what I have done, and hope you will try to forget It,'
' et" think no more about it"—The President: In what way
had he offended the mess that an apology was due from
, him !—That he hail brought into the ward-room • person
whom I had ream to suspect was not his wife, and who,
ash. admitted afterwards, was not his wife
. . .

Mr.Tigile7paTri-aid;, Mani the prisoner state to the
prosecutor that the person he had brought ois board was
not his wife, nor any relation, and that at luncheon that
day he would apologise to the officers for having given
offence. The apology was accepted on behal of the
officers of the mesa
Lieutenant W. V. Bayly, of the Bamswen, on Sunday,
the Pith of May, returned on board from leave, and on
ring into the wardroom he sew the prisoner and a
amide sittinctogether. The prisoner got up, and said to
waned, "Allow me to i uce you to my wife"
Shortly afterwards he told that he had missed the
train, and asked me if I had any objection to his wife
dining pn board under these circumstances. Witness
replied' No," and the prisoner afterwards asked Lieut.
Jones, who said he objected on principle, but under these
circumstances he did not mind. The prisoner and the
female dined on board in the ward-room at the
mess with Lieutenant Jones, Dr. Edmonds and
waned On the following day witness said to
the prisoner, "Doubt. are experienced about the
Imly who dined with you as your wife." and the
prisoner distinctly stated that she was his wife. He at
once reported the matter to the prosecutor. Subsequently
the prosecutor asked the prisoner if the female was his
in/e, and he replied that she was not The primmer after.
wards apologised to the officers of the vrardroom. —The
President : Did you think the female was the prisoner
wife, or did you think it was a joke certainly did not
think it was • joke. —Did she go on shore after I—Yes.
Did the prisoner aooompuzy her think he went on
shore with her; bat came on again shortly afterwards.—
Was the apology of the prisoner accepted accepted it.
Some of the members of the mess, however, made no
obsidwation.
. . . . .

Raxworthy, re-called, stated that the prisoner asked
him in the office whether there was • place in Portland
where he could bring this woman. Witness said to him
" That sort of thing will not do in Portland at &IL" The
Mircalso told him before this that be we. going to
glriis woman round. Witness &drum' him not to
brim the woman there
' Weßair was recalled, and stated that on the morning
of the day in question the prisoner asked Mr. Ran worthy.,
, in his hearing if there were any respectable "41W
about there, and Mr. Ras worthy said there were. The
" Bemuse I have • woman that I want to
%wr round here."
concluded the ceas for the prosecution, and the
Court adjourned until half-pest ten on the following day,
On enable the prisoner to prepare his defence.
On Friday morning, Mr. Will Edney, surgeon on hosed
the Bosouren, was called by the Court—The President:
It is in evidence that on the 18th al May Last, when you
were dining in the ward-room mese • woman was dining
there Say who she wan—V/11as : Ido not know who
she wia. The prisoner asked me to allow him to intro-
duce me to his wife. and if I had any objection to her
dining at the mess table I said " Certalely ; I have no
, objection."—Did you consult with Lieutenant Bayly in
I his cabin as to the person whom the primmer had brought
on board t—Yea—at did you observe in the person or
(MEW° brought on board by the prisoner to induce you
to form the suspicion that she was a person who should
be objected to in the ward-room mces I—Nothing.
The Rev. Mr. Payton, recalled and examined by the
President —Mr. Rag worthy and the ward-room steward
made the representatkes about the prisoner.
Mr. Howard then proceeded to read the prisoner's
defence. He had been in Her Majesty's service for
newly sixteen years, having joined it in 18M, and for
over eleven years had held ids present rank of assistant-
peymaster. and sa such had been to all parts of the world_
His late father had also been many years in the Service.
He was called upon to answer the charge of hart/
fcandulenttl MR09148.0411 the sum ofs:3o the
Her MI/147, and he beSmost positively to deny
same. He had not the test intention to commit any
fraud, and all had teen because he considered he
had • right to do so. The prosecution had not only failed
to prove the charge, but had on the contrary shown
that there was no -fraudulent intention on his pert and
that at the most the act he had committed had been an
error of jmim__L for which he now expremed the
deepest regret When he advanced himself the 1:30 he
did not do so escretly, but in the most men manner
Female He spoke of his intention to both Mr. Noble
and Mr. Raxworthy and when he paid himself he called
In the writer and made him check the money after him,
and not only so, but ordered him at the time to charge
the money In the paysheet to his eccount The writer
did so, and thematterwasthus publicly carried out. When
applied to for his moon for paying himself the money he
replied truthfully, and in fact his whole conduct had been
mod etraightforward. The prosecutor had stated that no
charge would be preferred against him if he returned the
money, and he explained that his mum for not returning
It was that he had no friends or relatives from whom he
could obtain it No such offer would have been made to
him had the prosecutor thought he had intended commit-
ing a fraud. With refer,nos to the second charge, he
submitted that the prosecution had altogstber failed to
support it. There was no evidence whatever to show that
the person in question was not his wife, and as to her cow.
log on board he urged that her conduct while on board
was of the most becoming character, or the ward-nun
oaken would not have allowed her to remain at the mesa ,
Hs took her on board to show her the ship, and had no
letention of introducing her to the me., They unfortu-
nately lost the train, and he don, at her regimes,
her as his wile, and Wald that alio might dims