The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-10-18 00:00:00

Mr. Hawkins, st four o'clock, told he most campy some
Urn.. Until that morning he had no notice of this man.

It,. Remaly: 1 opened It in my speech.
Mr. Hawkins: The leaned counsel opened the New
Bedford Ooprey, and in consequence the prosecution bits been
at the expense to being over the captain of the New Bedford
Osprey and her log for 1864.
The Collet then again adjounspd.
At the dining of the Court as 'Wednesday morale. Mr.
Kemal, said that after tleasegampled iratragesca sentefighele
lordships had recently shown to The TillICI newspaper he
did not think he should have been under the necessity a
main calling alter:Woe to the tausdalons and madded
summaries a the evidence which that paper still con-
tinued to lame, apparently with the design oil entirely
destroying the case of toe defendant. Ile referred par-
ticularly to The Times of the previous day, and said
that the writer. In professing to give • summery of the
evidence. took care always artfully to add • sting, rad
to es mind the realer of former aid contradictory evidenoe,
with the object of prejudicing the public abed. The learned
I crania effid that in point of enormity She effeitce of the
writ-C was fat greater than that of the editor of the Chef
eenhon Chronicle and others who wrote that no one now he •
tiered that the defendant was Arthur Orlon; his object
clearly being by leseen, argument. sopidary, sad fallacy to
show that every case presented on are part of the defter
dent wee knocked down or refuted by other portions of the
evidanse. rffir. fienealy then road thotatione trout the
report, and especially cimplanlng 01 the Pasteffilt within
bracket.. Coats tag the substance of previous emetics, de
gorined It a* C shameful summary, and expressed • hope that
tt oh. lord hips would lace done with remonstrance, and
impose upon the journs! or the writer the penalty he trait
certainly earned. He disclaimed any intention of inter-
fering with the freedom of the preaa, and said he had no
wish tor • revival of an imprimatur or of the Sax Chamber
in Englead.
she Lord Chia Jratic 3 : Nor has anybody else.
Mr. Kenealy had not the slightest doubt that as their lord-
ships had held, as against the defendant, that articles in
newspapers anticipating the verdict were reprehensible se
they would extend the same measure if justice the present
tuatara.
The Lord Chief Justice did not see ara thing unfair or
objectionable in the summary, which was not a comment,
but confessed that he thought the observations as to pad
evineadt, within brackets, had better be omitted. He agreed
with Lord Campbell that the object of • reporter should be
to let the public be as well Informed as to what passed in
Court as those who were present at the trial Ile did natal.
anything in the summary which called for the interference
of the court in the way of Wilding a penalty.
Mr. Justice Mellor, dbncuning, protested against it being
supposed that mouse the Coral interposed with regent to •
particular article, they were doing anything e nraded or
partial by refusing to Interfere In another case which was
wholly different.
Mr. Justice Lush also thought it would be better not to
refer to enything that had passed before by way ot contra-
diction to the evidence reported.
The orossagaraination of Jsui Lull, the steward of the
Osprey, wee then continued by Mr. Hawkins. Ile was
, questioned closely as to the owners of the Osprey, which,
he mid, left Staten lelend, about !Preen miles from
, New York, in Nebruary, 1661, for Melbourne, and picked
up the defendant and the Bella's craw; and as to others
ocouteeted with the venal, sad also to the dream.
stances nadtr which she cleared out of port and arrived at
ilobeon's Bay. lie recollected moms police officers crating
no board at :the latter place, but no Custom House or
emigration officers, nor any reporters from • newspaper heat.
fie Said the sailors before starting from Staten Leland Mal
three months' wages paid to them in advance, and with that
and other money—he always carded mosey with him—he
was enabled to make his way with other men to Ballarat
dlgglop, on deserting the ship on the mutat of her anent
At the diggings he never saw or heard of Arthur Orton or
Tom Cairo. He saw there Jones, the witness who bad been
already examined. He said he recollected the time he
arrived in Melbourne by the face that he kept his birthday,
the 23rd of July, 1864, at Miura, about ten dos &ter
he reached those diggings. It took about a week to get to
Ballarat from Melbourne. it. had a party on his birthday,
which included Jarvis, Lewis, MiCarshy, Anderson. Janes,
Maxmillian, and a man named Antonio. Did not know
whether Janes was a sly grog-seller. He (witheu) was about
ten months at the diggings. ilaw Jena about a mouth ago.
They *Dew each other, and talked over the shipwreck. AS
the diggings Jarvis and Lewis remained with him about •
fortnight, and then joined another party. MiCarthy and
Anderson stayed with him about eight months. At the end
of she . ten months went back to Melbourne and left
there In May, 1865, tor Sydney. Left IliCarthy and
Anderson In Ballarat. The former was now a rich
man in Melbourne At Sydney joined a vessel bound for
the Chinch& blend, to load guano, and thence to Callao,
where he loft her about Christmas, 1866. Remained in
Canso, where he kept a sailors' boarding-honse for three
years. Then joined a Swedish vessel with • cargo of Ruse o
for Trieste, where he arrived in the simmer of 1860. Re-
mained a month doing nothing., then went to Algiers as
ateward of the Ohio, an American renal. Next went to
, Spain, and taking in a cargo of salt, proceeded to Halifax.
He continued on the same vowel for • considerable time, and
' eventually left her at New Orleans. Then became • steward
, on sing boat, the United Staler, for three or four years,
which brought him up to 1883
' What necame of you then li—Am tin give you the whole
of my history
The Lord Chief Justice; Why not
The wit: ese I to not see why I should do so.
51r Justice Mellor: 11 the questions are put to you, you
are bound to answ.y.

Whom ticould give an amount of falsehood in that
respect.
the Lord Chief Justice: I hope you will not.
Miasma : I should not thick of telltale any falsehoods.
Having then, in reply to other questions, given an account
of several other voyages he had liken, the learned counsel
then asked him why he obi, clod to give his history after
1863. He said he did not see why he should give him history
to aityhdy.
Why clo yt u say you c mild tell fabahoods but you would
nnt.
NS" .uses : 0 ni, si,..nra sr tea w‘,-'ller I ti II the troth
or fel/shoo. 11.1011 avowing that he would never tall
falsehood In that court, he swore thst he never got into any
trouble In 1863 or 1864, and said that he went to Melboarne
a second time in 1825 to escape from the war. It was his in-
tention to stay In Melbourne Ile did not go to escape Mts.
Lain, whom he left in New York. She escaped from bins.
(Leughter.) In Melbourne he staved for six months with
McCarthy, his old friend from the Otprey, " pleunring."
He was an in iimetotent gentleman well known in Melbourne.
Lie (wltnelst Intended to take an Inn, but never did. lie then
continued the narrative of ha Weenier c, saying that alter
having been for six months in Stockholm doing nothing he
bed a " lingering to go tack to his wife," and returned to New
York. Is 1869 he kept an inn at Chicago, and anbseqn-ntly
he Cad a grog shop in hew Jetsy, which he left In the hands
of his wife and children, when he went on a voyage for
three months. Heard afterwards that his wife had deserted
the stop. The Inn and the grog shop still belonged to him.
lie came over from New York last May to Belgium alter his
wife, who was • Belgium woman, and had rim sway with a
man, taking with her Ms money and papers. (Lsughter.)
Wanted to get hold of her, but did not succeed. Searched
for her in Antwerp, Brussels, and Ostend, and then
came over to Loudon in order to get back to New York
Did not make any inquiry whether boats left Ostend for New
York. Eonomy was his object in coming to England, as
he had spent • good deal of money in looking after his Mb,
and wanted a cheap passage. He had a good deal of money
left. Than beard about the cam, and came forward "in the
interest a truth and justice." On his second visit to Mel.
bourne he talked to McCarthy about the Bella, and Mr.
ITiger and the brown mark. Since the 7th of July had had
conversation with Mr. Whalley, and Mr. Whalley took down
the names et the brokers and others belonging to the Ovrey
for the purpose of making inquleies in America.
Mr. Hawkins said he called upon Mr. Whalley upon his
subncena to produce the statements he took down from the
witness.

Mr. Whalley said be only received She aubteena a few
minutes ago. He had some memoranda, but not with him.
and he had telegraphed for them. He should be able to pro-
duce them to-Morrow.
Cross-examination continued: The witness said he had
br: ken the little firmer of hh right hand, and It was con.
tracted. The o,pre y was a Seecliso-bullt ship, bat he did
not know where she was built nor Where she was registered.
Believed she was bought by Coptain Beannett under the
name of the Delretia. White be was on board he understood
she always hailed from New Bedford. and so told Mr.
WhaLey. The witness said that during his visit to McCarthy
In Australia they both went to see the old Osprey, which was
near Williamstown He also said he was a naturalized sub-
ject of the United States.
Risesamlned : Had Ida linger broken long before the,
picked up the men from the Bella. Told Mr. WhMley that
when he wu washing Mr. Roger he would sometimes touch
him with the Anger, and the defendant would probably
recollect him from that circumstance. That was before he
saw the defendant.
In reply to the Lord Chief JnetActihe said the only medicine
he love Roger was some tincture ,4 rhubarb.
Re. examination continued: Washed him almoat every
day. Ile was surest, able to do any: fling for himself.
To the Lord Chief Justice In American ships the captain
keeps the ship's articles. Ido not know whether duplicates
are depotited anywhere. 1 oLly signed one document for
the Osprey.

FRANCIS LONGLAND, living on hie own property in North-
amptonshire, said in July, libt, he was at Sandridge and met
three American sailors. Had occasion to take a boat to a
ship celled the Gipsy, opposite Williamstown, and went on
board that ship and the Osprey, which was a threpmasted
echooner. The three sailors gays an account of themselves.
Went to the ORprey with them. Remained on board Abut
an hour, and returned with them to Bandridge. On board
the 08prry they went to see for their mates. There wu only
a shipteeper on board. He kept them for three days at hi'
own bones., they were destitute. He gave them clothes and
food. They shipped to Callao as seamen luau outward-bound
vessel, and he never new them afterwards. This wltueu wag
examined at the last trial,
Cross-ex +mined :WY a journeyman brickinaker when he
first went to Australia, but In July, ltht, he was trading with
the digging.. OD. of the three sailors had come over with
him in June, 1853, in the lame ship from New York. He
call, d him Now York.

FREDERICK TUMID: I live at Freeman{le, near South-
end am • 'Minister In Jane, 1854, I was in
Sydney, and the lattsr end of Jail, 1854 I was in Melbourne,
being on board tbe9iseets of the Smelt, one of the mail

steamers. I saw a tlis.:;e-miSted sebo-o—Zer there, but she
mtsht have been a dlemantled barque. She bad one yard on
the fore mart. She was painted dark. She was named the
Osprey. and It was painted on her. She had the American
flag She came Into the bay %Mitt we were at anchor. rho
Cornet steamer tug came alongside the Queen of the South
from the Osprey
Mr. Kenniniy Did they make. Matement?
Mr. Hawkins 0 j,eted. It must be Ant shown to be con-
nected with the cause.

Mr. Kenealy : I don't dhpute It is admbsible In law,
but (tie rather hard. The rules of law arc generally very
ju.t.
Witness: The gold fever wee then raging. Twelve men
deserted from my able the three days she we. in the boy.
We replaced them with' runners " at fie em -.nth and two
pounds of meat Rd., for the run brews= Metbourne and
Sydney. The men before leaving Southampton had to give
security against running away from the ship. I had to give
security. There were several ships in the bay without
sailors. No custom house °Slur boarded us there. Al .0.11
the anchor was dropped the river police came on boitrd
sad took charge of the ship, to prevent desertions, but the
men did desert.

Crois examined by Mr. Hawkins : Men will desert bad
ships, and also try to better themselves. This wee the only
time I was at Melbourne. I afterwards went 40 the
Crimea We took oat Sir Charles [Latham, the new
Governor. Geelong is in II atoon's Bay. I was anchored
a quarter of a mile from the Osprey lam sure I saw
her name painted on the quarter. tier Mena we. neither
round nor square, but, in nautical language amongst
callers, it would be celled a round stern—it was a sort
of as elliptic. I saw her name on both quarten when
she canted round with the tide. I acted as quarter.muter,
atoll I had • spy-glass, said had to rep art everything to the
officer when I was on duty. I cod.' not see where she hailed
from We lay astern of the Osprey I ans not awe there
was nothing paint- el on her stern.
By a Juryman I think she had • addle head. I don't
recollect the vessel laying next her, or any vessel In the pert,
except the Bosphorous tint we. laying alongside of us taking
in cargo. The Royal Charter was In the bay. The Osprey
was very low in the water, as if she had cargo on heard. I
toot her to be an American-built ship. We brought Irma
some pauengers In 1851 from Melbourne and Sydney. There
was room in the ship for more.
Deign SIMIDL•T : I am • sallmaker at Southampton. I
was boatswain of Um Queen of the South when she took out
Sir Charles Ho'hani. I did not see her name, but I was told
that the threornasted schooner or dismantled barque was
called the Osprey I thought bar • Swedish or American
built vessel. She carried the American flag.
HENRY CRAB}, : lam a gardener residing at Upton. I wee
under gardener to Sir Edward Doughty at Upton. I knew
Roger richborne before he left Ragland. I saw him every
day for three or four months. I saw him there In 1858 and
1853 The defendant is the came person. I recognise him
by hie forehead and the upper part of his face. (can't speak
to thetah. Ile was very thin when he went away. I don't
recollect any peculiarity about the eyes. I saw tbe defend's&
In o,tober, 1857, at reitcn Mr. Holmes and another gentle-
man ROA with Wax Ile said," iloir do you do, Crabby lam
Roger lichooree.- I said, "if you are Reeler Ileitimene, you
are much stouter than when you went away." its replied,
.• And so are you." I told him that I recognised the upper
part of his face. I saw him &min in the •••111/4 at the
Laden" Betel, Poole. hiked him It be twanzieeed Isola