The Express.
London, England, 1855-07-30 00:00:00

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.—Bowint4, JULY 28.
MAIN 001717.-7OMJI M. JIM= WILLIAM.

TILPOILTANT CHAZON OP NANSLAITOBTII AGAINST TIM
CAPTAIN OP AN ZNIGIIANT SHIP.
The most important ease of the amain for this county was
that of Edward Rawls, 34, a master of a ship, who was
charged on the coroner's inquisition with the manslaughter
of Run Hallett, at St. K
Mr. Berjeant Kinglike, Mr. Collier, Q.C., and Mr. Cole-
ridge prosecuted on behalf of the Treasury. Mr. Slade,
Q.C.. end Mr. Kingdon defended the prisoner.
Mr. ug'eke, in opening the case, said the prisoner at the
her was charged with the serious offence of manslaughter,
and the charge was brought under circumstances which re-
quired the greatest consideration. The charge was not
only a serious one againit the prisoner but was also
important to the public in general. The lAN
besriag upon such oases was, that when a man took upon
himself the position of a captain or commander of a ship,
where • certain quantity of skill, care, and activity was re.
quired, sad should ones the death of a fellow creature by
the 800-performance of his duty in being ordinarily skilful
sad edrefial, he was, by the law of the land, held te be
criminally reipossible, and would therefore be open to the
thuge of manslaughter. The question fir the jury was to
@onside, whether the death of the female wenfairly attri-
hatable to the neglect of ordinary care sad activity both
prier and subsequent to the ship striking. The facts of the
MN were simply then :—ln May last the prisoner was the
meter of the emigrant ship John, 468 toes register,
sad she sailed from Plymouth on the 3rd of
Nay for Quebee under his charge. She left the
port about 4 o'clock in the afternoon, with about 260 steer-
age parsengen, who were principally composed of women
ad diadem end agricultural labourers, and mechanics.
Than wen also en lined flee (Phis passeagen of a superior
altimeter. The new consisted of sienna, includine the
.seer, sad atthe time of per leaving the wind wasW.N.W.
MY& was • fair wind, and nothing prevented her going on
Masses. Whoa she left Andrew Elder wee the steers-
Ens end healleenl Moan* till about 7 o'clock. He
MOO edimPedi by a NOUS Mmaad Rowe, and he ireceind
nstenlibiss front Elder, than* the captain, to keep in the
seise dinsties. He did sot vennath long at the helm, but
was ausneied by a peens aimed Bennett. He was also
told to beep her in the is.. course els was then
taking. Beesatt was relieved at the wheel by a man
named Teasing, who we nessooded by • person
named Corry. So that from Mame the left Plymouth till
10 o'clock, when she etre* she was under the charge of
four different Dolmen. The amptain was en deck daring the
whole of this time, and it mid be important, by and bye,
to emasider what were his Miss. ;It was no doubt his duty
to saperintend the steering of she ship, to direct her counts,
smiths orders be might give were imperative, but he should
an that they were carried out. Whoa Corry t:ok the helm
certain directions were given him, which denoted that her
head was to be kept to the south, and about five senates'
afterwards she struck ea the Manacles rooks, St. Bennie,
at which time she was going about eight knots an hour.
The weather was calm at the time, and there was salloient
light to an land all the way down. It had been
said that the weather was homy, but the witnesses
would tell thou that there was nothing in the weather
which had any eon/aim with the disaster. After she
struck, she " tailed "cif, and then she struck • second time
further is shore, and at the time it would appear that the
tide was reading, the painagers thronged the deck, and all
was confusion on board. The captain was asked what he
intended doing to endeavour to save the pianism' and he
replied, " Wait until the morning, and all will be well."
With that remark the passengers were somewhat com-
posed, bat as dm tido began to again rise, the crew and the
pentagon began to an the awful position in whisk they
were placed, sad they called upon the captain to launch the
beats. There was no doubt that it was the captain's duty
to endeavour to save the Ines of those whom he had in
sharp, but whether he did do ao would be ea* of
the questions upon which the jury would have to
consider. His (the learned meaner.) opinion was that
he was culpable throughout. He should show that the
orders he gave he did not see executed. He took in
the first pine • wring cows*, otherwise the fearful disaster
would not have arisen. There was • want of skill in the
pilotage, and after she struck he was equally negligent in
not endeavouring to save the lives of his crew and pas-
senger!. He was implored at one time to give directions
for the lowering of the boats, but he refused, alleging as his
ninon that he did not know the coast. That being the state
of things the tide began to rise and also the wind, and it
was not so calm as before. The whole of the women and
children were growded on the poop of the vessel, and the
crew and the male passengers on the rigging, and the
captain with them, and he should prove that at times the
children were washed away by a data at a time, and it was
not until four o'clock In the morning that boats
put off from the share to the Nom of the disaster, and nisi
seed thus who are now living. The learned eased thou
=llto show that both prier and subsequent Se the
e captain was not ordiaarily skilful end wad in
the of the lives of the.. perms lobes he had
is uHe thee proceeded to call
Goodman, who said he was tot lest fate of the
Jets. She was a barque of MD nos miler, and sailed
hem Ptvassuilt oa Thaseirb the Sri a/ 14y, about 4
elk* be As aftetwoss, he a wage to Quebec. The
OM, Whig himself mall espleW numbered nineteen.
There were S3lllll able penesgen am board, but
ha did net knew how may. She had a very
eseeklarabie number of . When
to ship left the woman tenablralisvate."B9lir wind was
about manna-week Askew Ilifor we. at the wheel
when she shined. Witzessingeolmed on deck from the time
she left WI Indlipest_eight AWL The ship proceeded
around the ad. whisk is the Ant imadhad after
leaving Plreseth. ell *IA awl edam ressobwed her
essaing a the Boehm!, whisk is the ant point after
loweing Plimesffs. Whew she get Wane it was eight
Weis*. Ille permed off that point sheet foes miles. and
gsemeimlies hoe sown. Whoa the essilela is es Sheds* of
a need be is supposed to bays the bat who be neat
below the welehassa has eimge. About kelPpost eight her
seem wesW.S.W. Whet 'Meese west below the esetain
and mewed sale were es the desk, sad he
.elid. " Now
Mr. Neediss, we are Meade( W.B.W. Waage;
looked at the biasesies, sae laud her kill
wen west by sea*h, ball Oat wt. The Is, half a plat
.ere to the INOSWIIei Om W.I.W. Wilases wee pally
asdraisedi sod be bed wines be based a desk, sad be pa'
aided ea desk. Witness! bet dined dot eke bad ease
fate madam with asetber ousel. Wilsons asked Bidet
what was the matter, sad tisZlett Mid she bad struck on
the Manacles rocks. Tim woo homy. bat the " loom"
of the land could be sees. Wham west below and
lighted the lantern, sad that head that the was making
water. Witness ran to the wheel, and And the rudder
was gone. He told the captain so, and wines' wee Um
nquestad by him to trim the yards and run bilk ism I
She ran towards shore to within 400 yards of the had, sal
then struck again, and the captain ordered the port swam lb
be let go. In his opinion it was then about low watts. Nom,
after she first stunk there were five feet of water in bee
hold, and cm 'tang the snood time, 18 inches of water is
her deck. Her main deck was covered with water; the
poop was about 6 feet out of the water. The quarter-boat
was first lowered, but the painter parted, and she drifted
away, and was not seen again. Witness only beard the
caritas give one order about getting the boat out. The
life beat:wait rendered useless by having been stoved
in getting-her over the rail. The captain said that the long
boat had better not be launched till the morning. That
boat was afterwards swept away. The captain gave witness
orders to go aloft and stow the sails, which was done. Then
wen vase, women, and children on the round-house deck—
the greater part of latter were then. The tide was then
rising, and continued to rise. At 3 o'clock there were 12
or 13 feet of water on the main deck, and witness
went to the maintop, apprehending that the sea would
break the vessel in two. The roundhouse deck kept
moving up and down, and the waves continually washed
over it. Witness saw numbers of people washed off from
thi re. The mina gave way from the " guys" breaking,
and men, women, and children were washed away incliner
asioately. Did not see the captain till witness got Into the
maintop. The captain was then on the starboard side of the
maintop. The captain and crew were all saved. The
vessel did not make any signals of distress that he taw.
There were no guns or rockets or blue lights fired.
Crag-examined by Mr. fillade—l had orders to get out all
the boats. I have been two voyages with Captain Bawls,
and then, as far as I could consider, he was • good sailor
and thoroughly up to his work. The owners of the ship
and the primmer' appeared well satishod with him.
The Jolla was at Cardiff repairing before site
last left Plymouth. The tide flows three hours later in the
than in the harbour, and therefore it would bo I
inns to steer the vowel to the welt after
ale , regard being had to the tide. Mg
paw lie Meer due west, bean the captain carried the
Gib Oil Illib Aim. It was • vary buy night. It was sot
sito the Lizard that night I think the Lined
be illgill mesa more than 20 miles daring au y flue
t,
The sight in question has so hazy that it was
wieweery that she should be stared by the con-
mow it properly attended to would have
=lit Wild et seven miles off the Manacles rooks. At
half-past nail tans was W.S.W. and that wane, if
it bad beta would have iskaa the ship out
of ell imps. were no merchant ships that
amid seem to belt a point. Witness had seen ono sea
Mow a ship tie er sin points off her inures. After the
ible Meath to of the septa& 01 ram bet to ikore and