The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-08-24 00:00:00

VERDICT OF MANSLAUGHTER.

At the Liverpool Assize., If enry Arnott Scott has been
tried for the wilful murder of Albert Tolman, on the high
sew, on the 220 d of March fact
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The deceased man signed articles to serve on board
the ship Arlington, of which the prisoner was chief
officer, for a voyage from Liverpool to Philadelphia in
February last. 'I he ship saile I on the 22nd of the
month, and, according to the evidence of a man named
Brown and two other seamen on board, short-handed,
there being 16 hands only on board instead of 18.
The witneises also said that rations for ten men
only were served out to these 16, and that the crew,
including the deceased, were soon halt starved. The
pilot had no sooner left the ship than, according to the
evidence for the prosecution, a systematic course of
cruelty war pursued by both the captain and the
prisoner towards the deceased. 'nth was provoked, it
was said, by the deceased not being an experienced
seaman, a matter, however, of which he had informed
the captain before he shipped on board. It was said
also that he became infested with vermin, and in con-
sequence was moved out of the forecastle, where the
other seamen were to the coal locker. Brown said that
the captaln was in the habit of striking him with be-
laying pins and marline spikes, and any weapon that
came first to hand, and on the day before his death
had knocked him down with a blow from a marline
spike, on the hack of his head. On the morning of the
22nd of March the men were called up to wear the ship,
but the deceased did not appear. The prisoner there-
upon went to the locker and dragged him out,
and then beat him, kicked him, and stamped
upon him. The deceased implored him 'for
God's sake not to murder him and he would do the
best he could," but he was then bleeding fro.n the face
and head, and, being too weak to do anything, he sat
down in the fore part of the ship. Some of the men
were fastening a heavy hook to the "fore tack" which,
if let go. would have fallen on the deceased's head and
killed him on the spot, and the witnesses said the pri-
soner gave the order to let it go and kill him, "for he
was better dead than alive." The men did not do so,
however. The deceased made his way back to the
locker, where he was found dead in less than an hour.
Brown was ordered to sew the body into canvas before
, it was thrown overboard, and he then examined it.
He found two fresh gashes on the top of the head, and
an older one, into which he could bury his two lingers,
at the back of the head, which he believed was in-
flicted by the blow given by the captain the day be-
fore, He pressed his hand upon the side where he
observed a red mark, and found that several of the
1 ribs were broken, and in addition the body was greatly
emaciated. On the arrival of the ship at Fayal, in
: the Azores, an inquiry was held before the Consul, and
he reprimanded the captain only, but sent the prisoner
home for trial. The depositions taken upon that
occasion had not been furnished to the learned Judge
before this trial, and his lordship remarked on the
necessity in future of placing such depositions before
the judge who has to try such cases some time before
the trial. He also remarked on the meagre aspect of
the evioence for the prosecution in this case, consisting,
as it did, of that of three seamen and twre stowaways,
in consequence of the unsatisfactory course pursued
by the Consul in not sending home the capain and
other witnesses to give evidence here. He directed
that the depositions taken by him at Fayal should
be read as part of the case for the prosecution, under
the 270th section of the Merchant Shipping Art, 1854.
On cross-examination it was admitted by the witnesses
that one or two loose spars were lying about on deck.
and in corroboration of a suggestion that the fatal
injuries were causal by accident by one of these, an
entry in the log-book wee read, to the effect that on
the 22nd of March the deceased was injured by a loose
spar being washed against him. In addition to this
it was urged that it was at least not proved that the
deceased did not die from violence used by the captain,
and a number of witnesses were called to prove that
the prisoner was not a man of violent disposition.
His Lordship directed the jury that if they found
that the deceased met with his death by the violence
of the prisoner, they should find the latter guilty of
manslaughter; or if they found that the violence was
such as the prisoner must have known or calculated
upon as likely its prove fatal, of murder.
The jury returned a verdict of Guilt!, of man-
slaughter, and the prisoner was sentenced to 10 years'
penal servitude.