The Express.
London, England, 1847-07-28 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JULY 28, 1847.

4

not want to strike him or BOA Wm. I countermanded the
• arise to put him in iron*. At this time Lag, M'Phee, and
Wright were present. I then told the mate to find some
cm elm to grease the mate. I believe Rase did tell some
me, teat all the men on deck nfosed. Rose told me they
would not do it. I did nethear ROM Whitens, but I called
eat myself loud enough for anybody en board the ship to
hear it. I told the nude to cal all bands up from
below, which was done, end they all cause up, but
they likewise refused to grease the mast. I asked them
to do it repeatedly, and when I saw they would not do it I
said they should have no beef for dinner. It wee then about
a quarter of an hour before dinner time, and the beef eras
boiling in the copper. Lacy said he would take very good
care that I should not have the beef, and he defied me to
take it from him. The mates were standing by, and all
hands were on deck—crery soul in the ship. I saw there
was a regular conspiracy amongst the crew to disobey my
orders. (Tkis insert r was objected to on the other aide, as
involving the whole question at issue.) The melee did not
Interfere to get the men to do their duty, but seemed to take
their part. I went down below, and brought &cutlass when
I saw them den rmined to keep the beef from me. I came
forward with the cutlass to the galley where the beef was. I
warned the men not to "ire me any resistance in taking the
beef aft. I said I would use my cutlass if they tried to pre-
-vent me from taking the beef aft to the cabin. I never at-
tempted to etri k e any of them with the cutlase•The cook at lost
handed the beef to the steward, and he carried it into the 0.04 n.
I then walked aft, and put the cutlass down below in the eahin.
I went below myself afterwards, sad am* up and remained
about ten minutes on deck. At this time I had no arms of
any description, nor did I use say threatening language to
the crew. The men were all forward and were quiet. I
therefore went below again, and remained there about a
quarter of an hour. I then came up on deck and ordered
the ship to be put about, and thereupon every man took his
proper station. After the ship was put about I told the
second mate to give the men their beef, which was done. I
retniineel on deck after that about three quarters of an hour
or so. The steward took the beef to the men by the second
mats'* orders. After they had got the beef they all went
below, It was then about one o'clock. I stayed on deck
about three quarters of an hour after that. The mates and
cook and eteward were also on deck at that time. The ap-
t prentices (the boys) were below, and I went below rarelf,
i as J thought the men were at their dinner.. I remained
below until four o'clock, when the steward called me. They
were at this time all on deck putting the ship about. Before
I went down the last time, I heard M'Phee say something
about the rat n doing no more work on board the ship. I
had diced, and Rose had dined with me before I came up at
four o'clock. The steward was up and down bringing the
dinner. During. this time I did not arm myself. I had pistols
and outlaw. an the cabin. I did not load the pistols.
When Nettles, the steward, called me up. I was alone. He
said the men wonted to *meek to me, and I went up to speak
to thorn. I took no weapon with me, and I found all hands
congregated at the break of the quarter-deck, close to the
cabin door. When I came vp, McPhee was spokesman, and
he asked me what I intended to do in the affair; and before
1 had time to give an sneerer, Lacy and one cr two more
came behind me. Lacy pinioned my arms behind my back,
by placing his arms round mine. At the same moment,
3kPlies, McLean, and the rest of them, laid hold of me,
and the carpenter brought the irons, end shackled them on
to my arms. Ti.. men then took lashing., end put my
arms round my bock, so that I couldn't move. While they
were doing this, I turned round, and I saw the two mates
and Nettles standing behind me. I said, "Are you going
to allow this ?" Rose replied, "I can do nothing in it.
The men hare taken charge of the ship, and I am going
to tako her beck to the nearest port in England," I then
asked the men their res.on for this,and one of them said they
were afraid of their lief s. I told them distinctly they need
not ho afraid of their lives, as I never intended to hurt any
one, provided they did not. assault me, or try to take
charge of the &Lip. No one gave me an answer,
and at that time Lacy lashed my legs; together.
I saw it was useless to expostulate, andl crawled to the cabin
as well as I could. I worked myself down the companion
ladder by means of my knee joints. When I got down I
foond Itoem Ilarult, Nettles, and Moffatt, the carpenter,
removing the cO ronemeters, and also fire-arms and nautical
instruments from my own private cabin. After this Harult
i o told me the cabin was ready, and I had better go into it, but
... before this I teld Haeults to go and see the crew and try to
bring t loot over to let the ship go on and to loose me.
Harults replied that u they bad gene so far they must go
through with it. I then requested him to shift the irons, es
. they hod been put on the wrong way. He did so (just as I
, got into the cabin). He locked me in the cabin, and a man
was placed sentry at the door with the cutlass which I had
used. The men-kept guard at the door alternately. M'Phee I
had mentioned that they would have a guard with a cutlass. I
Rose, Nettles, and Moffsft, Stratton, Lacy, and M'Lean
were peewit %hen I was locked in the room. I was kept in
irons lentil the morning of Thursday, the Bth of April, when
• we arrived at Plymouth. During this time the irons were
e taken off , ace. The bandages were kept on my legs for
two days. During the time of my confinement they
spoke two ships. We pa'sed several, and I can distinctly
swear to one. During my confinement I had asked Rose
to t,k,. the et ip to Madeira as the wind was foul for Erg-
, land, and it would be better for the owners and every one
concerned. I desired Rose to spi air the first weasel that
came within hail, and let them know how I was situated. On
the occasion that I shifted the irons, I wait allowed to change
my clothes. I ccul I feed myself with difficulty. The meat
was eat up for me.
Cross-eta'*iled by Mr. Poolden : I wu relemed et Ply-
mouth by a police officer and a man belonging to Mr. Collier,
a merchant, at Plymouth. Thomas, the constable, took me
ashore. Mr. Collier's men (Drew) took off the iron*, Mr.
Collier is the agent of Lloyd's. When I was released Rose I
was on deck. When I came ashore with Thomas, I went
and censulted Mr. Edmonda about getting the men seers
headed. Mr. Edmonds is a eoticitor at Plymouth. 'Rum
did not tell me he bad brought Thomas to take me into
custody. Bl'Lesn had the watch with the cutlass when I
was released. LPLean did not, to my knowledge, give me
into Thomas's enatedy. Drew and Nettles were present
when the irons were taken off. I don't recollect M'Lean
mime, " I give him into custody; nobody but an officer t•hall
~, • take him out of the *hip." The -next morning some of the
Forties were given into custody. Stratton and Lacy were taken
first, When I went before the magistrates, all the men were
in custody, except Rote and Nettles. Mr. Edmonds acted
as my gooney. At that time Rose and Nettles were on
shore, hat they had remained en board the ship previously.
I oid not hear Edmonds pay he should call Rose and Nettles
as minus et. I made a ststement before the magistrates,
and I charged the whole of the crew, except the boys. To
the beet of my recollection, I went before the magistrates
the second day after I served. Nettles and Rose were in
custody at that time. I was before the magistrates twice ;
Rose and Nettles were not is custody the first time (viz.,
the day after our arrival at Plymouth), out I stated the case
as I have now done. Rote was apprehended previous to my
going before the nogektrates the second time. Bernie the
voyage in question I had charge of the vessel about 6 or 8
weeks. I Pal previomly commingled the Grange, and had
left her about six months. I was confired in Relegate six
months, fur a common assault on the steward of the Grange.
There was another charge against me, but I was acquitted.
- Another time I was charged with an assault upon my steward
annedrag, and was fined 41, far that offence. There have
bra other complaints against me, but I was always ac-
quitted. In Hong-Kong a boy made a complaint against me,
end on another occasion a charge was made in Glasgow.
I was acquitted both these times. I may have bad about 12
charges against me alttgether. I hare only b. eu convicted
twice. I will net swear I have rot been charged twenty
time,. The Kid Mach was Sunday; it is the duty of any
man I may send to mess• thoniasts, u much as it is the
boys'. It is not a punishment togreese the masts, unless it
is given as a punishment. I nu Stratton to grime the 11114
pa.tly as • mmishoeut, and partly because it was necessary
I never give any order on board my 'hip unless it is y.
necessary. One of the bona was named M'Glasky, and
another named Patterson. There was also one of the name
et M'Dereeett. Bon was the watch on deck at the time I
• - het Strolime Ws pease the masts. When Stratton refused to
= its i"ge.toas his,
I manyftntini.hehoew„nt o
• • • . thelle gam Willis *abed away. I did not
~....
•• Illwirids I eady aloes a lb* as any man might
do la 'Mom eg to prated his property. I believe I
Milathave struck a esak with it. I waa sot in a great
I was only a little excited. I did not say I would
- do death of some of than, except upon condition
beir taking the beef from me. 1 believe L
r-lail
said I would look a Stale shame, after theta ; but
,I never said I would serve them oat. Banat put
mom flannel round the inns when he shifted them.
I don't recollect their saying they were sorry to pat
taw in irons, but they said they were afaid of their lives. I
.will swear that nothing was said about the Grange at that
time—nothing to my knowledge. When I desired Rose to
omit all hands he pared the word shag, but I don't know
•whettier he *dully called the men. Rose and I took wine
towther that day, bat we were not 012 very good terms. I
helped myself and permed the heaths to him. After the beef
was taken out of the owe, I tea Rom to go and see it it
was all removed, and be did,so. Rest kept the ship's log.
NA imeambe, my agent at Plymouth, has paseession of the

I"troes-examinad by Mr. Slade: I -never had caution to
quarrel with the men nota that dap. I had been out of
Newgate about six weeks when Ireek command of the
Jenne Campbell. [The leaved emansel here made soots
allusion to Capt. Johnson, of the skip Tory, but the °burns
Con was objected to.] At the time I had the augment in my
hand I was as cool as lam now. ligheu I struck the dowsed
of the Orange I was not as cool as Ime now. I only struck
him wish my hand—not with the butt-end of asi bop. His
fate was bloody ; Lis ear wu net out. The steward (in the
case at Madras) was a skulking, last' fellow. I caught
him drinking rum, with the bottle In kis baud.
sad I pushed him down en the desk. When the
steward was drunk, I sent him. out le the martingale stays.
I don't know whether be nearly fell overboard. A complaint
wu made egai:,st me at Ichaboe bye eontmeader of a ship.
Nothing was done with me on that ecceelow. On my oath, I
didn't dine with the =a wise amjukted me at Glasgow.
One of the msgistratee wished to asekult me, and the other
to convict me. Whew I was ea. a voyage to Manilla,
the crew refused as d• *fit wodu end a complaint was
made spinet them Illeasese lewd before the magis-
trates at Menaltrth Musisiptes ordered the men
_ .
_

I spoke to Stratton at the helm, the men were doing nothing.
I did not at that time make use of a very offensive tepee-
eon. I only tld him to mind his helm, and eterwards
gently passed my hand across his face. I have no doubt he
squared at me. android " Keep your bands off me." The
men did say it was Sunday ; the masts were greased the day
before, and they wouldn't grease them. This was the reason
I told the steward to tsk• the ',ref away, and also the cause
of my arming myself with the maims., After I was confined
in the cabin, Rose did not ask me whist port I should take
the ship to. I told him it would be easier to take the ship to
Plymouth, in order to pt • crew. I very seldom make use
of strong language.
Cross-examined by Mr. Stone: We bad ten thousand
miles to go (on the day the occurrence in question took place)
before our voyage would be completed. J can't tell whether the
men were in bed when I ordered them to grease the masts. I
had examined the mute before I told Stratton to grease the
masts. When the men refused to grease the masts they said
I they didn't require it. Immediately after the beef was taken
away Rose and the boys went and greased the masts. The
men told me from first to last that they were afraid of their
lives ; but they did not use any violent or offensive language.
There was nothing I asked for that they did not bting me,
except my liberty. I was obliged to sleep in my clothes, and
they must have supposed I should be glad to change them,
although I did not ask to have them changed more than
once. I didn't know of any charge having been made
messiest me by Rose and Nettles, when I accused them Wore
the magistrates. I don't know any charge that they could
make.
Reexamined: The hoy M'Glasky was examined before
the magistrates at Plymouth. The assault upon the
steward, of which 1 was convicted in London, arose from the
offensive conduct of the steward. The " Madras story"
originated in myiiving the steward a kick (or I should
I rather say a shove), when I saw him drinking my spirits
out of a bottle. hen things are necessary on board ship
the men must do them on Sunday as well as on any other

daJyohn Patterson, one of the apprentices on board the
James Campbell, corroborated the evidence of the captain as
to the origin of the revolt, and as to the subsequent conduct
of the crew, but he stated many things as tending to prove
that the captain had acted with more violence than be
had deteribcd. The masts, he said, did not want
greasing at the time the captain gave the order,
as they had been well greased on the previous day.
In cross examination, the witness said that when the captain
cense on deck, after the men's refusal to take the beef aft,
he flourished his cutlass over his head, and exclaimed, "The
first b— that touches that meat I will cut him down."
When the men confined the captain in his cabin, they did
not tie any part of his person but his hands. His legs were
quite free. It was the duty of the apprentices to grease the
masts, and the custom was to grease them once a week.
They were greased on the Saturday previous to the Sun-
day on which the disturbance took place, and they were
then en thickly covered with grease as he had ever known
them before. It was always considered a degradation to
order the men to grease the masts when there were boys
on beard. lie thought the crew had reason to consider
their lives in danger. When the captain came on deck
flourishing his sword, the men looked at each ether, and
appeared very much frightened.
John M'Dermott, another of the apprentice boys, gave
similar testimony, and added, in cross-examination, that be
beard the captain say they d.d not know their duty, and
they were a d—d parcel of brutes. On a previous occasion
the captain said, speaking of the chief mate," he's a pretty
fellow to get married," and at the same time he pushed him
off the poop. Witness agreed with the ether apprentice
that the men bad cause to think their lives were endaneered
by the captain's extraordinary conduct. When the captain
went rep to Stratton at the helm he did not "slightly touch
him," but struck him with his hand.
Wei. Thomas, a sergeant of police, at Plymouth, stated
that he went on board the James Campbell, and he there
raw the captain handcuffed, and a man standing by with a
drawn sword. Witness went on hoard with Drew, clerk to
the agent of Lloyd'e, who said " I ace yon have got the cep.
tain is iron, and we have come to take him ashore." The
men said they wished the captain to be taken, as they wanted
to have justice. Rose told me that the captain bad been
aggravating him far many days, more particularly at meal
time; but he had made up his mind, say what he would,
to take no notice of it. He then showed witness
the mark that the captain male on the cask with
his cutlass. He then told witness that the row had been
caused by something the captain bad said to the man at the
behn ; that the captain asked him what he was looking at,
and he said at the head of the ship, and the captain replied,
You're a liar," and at the same time pushed him away
from the helm. Witness *eked the mate if the captain had
threatened Amy one man ; and he replied, No, but he raid he
would " let them all know before they got to their journey's
end." Rose went on to say he was very glad be did not
tike any notice of what the captain said to him, as be
thoneht he would begin with the men by and by, and they
would take it up. The mark on the cask was not the result
of a violent blow. The wood was soft, and the depth of the
cut was not more than a quarter of an inch.
Cma-examined by Mr. Rowe.—The man who held the
drawn sword at the time he went on board said, " 1 else
the captain into your charge, and no one but en officer shall
take him out of the ship." The captain made no charge to
witness whilst on board; end witness was in uniform. Rase
plat.) told him that the men were all afraid of the captain,
knowing what be had done before. This was on Thursday,
the eth April, and on the Friday the captain
appeared at
the Guildhall, Plymouth. On that occasion all the men
were in custody except Rose and Nettles. Rose was in at-
tendance at the court. Witness did not hear the captain
prefer any charge against Rose and Nettles. Nothing further
was done until Tuesday. the 13th April, when Rose and
Nettles, came to the Guildhall about 10 o'clock in the morn-
ing. The captain and Mr. Luscombe' his agent, then told
him to take Remand Nettles into custody.
Robert Sand Edmonds acted as attorney fee the prosecu-
tion before the magistrates at Plymouth. It was not until
after he became acquainted with the facts as stated in the
conversation between Rose and Thomas, on hoard the ship,
that Rose and Nettle* were taken into custody. They were
not so dealt with in order to prevent their being examined
as witnesses. The captain was, from the first, of opinion
that Rose ought to be charged with the other prisoners.
Thie evidence closed the care for the prosecution, and Mr.
Poulden proceeded to address the jury for the prisoners Rose
and Nettles : The law undoubtedly was, that if the attack
upon the captain was such as had been described, it could only
be justified on some great emergency ,• and he felt assured
that the facts would in the result satiny them that the men
bad acted as they bad done under very considerable provo-
cation. The charge was that of feloniously. and piratically
confining the captain, en offence of a very serious nature, and
one which he was quite mire the jury would think had not
been established against the prisoners,. 'What were the facts
of the case ? Up to the 29th March it was quite clear that
nothing of en extraordinary character had taken place on
board the ship. On the occasion in question Stratton
was beyond doubt the man et the helm, and the
captain expressed himself displeased with his conduct.
Upon what followed the jury bad heard no evidence which
it was in tbe power of the prisoners to bring forward, and
therceote If the captain did not agree in his story with that
of the apprentices, the evidence Wall wanting in that
mint and concordance which ought to exist in a ease ocitris
kind. After the captain had found fault with Stratton
what transpired? He ordered him to leave the helm and to
go and grease the masts; and upon his refusing, he desired
all the men to do what he would not do. '1 hey related,
because it was Sunday, end because there were
boys on board. Moreover, they had it in evi-
dence, that the practice was to grease the masts
cute a week, and they had been greased on the day previous
to the Sunday in qucation. Here, then, was some justifica-
tion for the men's refusing to obey the captain's orders. In
considering the conduct of the master, they must bear in
mind that all the arms on board were in his cabin ; that the
men had no arms, and no means of arming tbemtelver. The
captain, therefore, having armed himself with a cutlass, im-
mediately proceeds to threaten the men. Upon the evidence
of the boys the conclusion wee irresistible that the man was
conducting himself in such a way as to Intimidate the whole
of the crew, and to make them afraid of their lives. He
(Mr. Puulden) would put it to the jury whether they wade
rely upon the statement of the captain, or upon the state-
ment of the bees What occasion was there for the captain'
Omits himself with a cutlass? To protect himself, it bad
eeen suegested. Why the men were perfectly quiet; etc
therefore there could have been no reason for any appraise-
Pk= on the captain's part. Here was a man in a state of
fury brandishing his cutlass for several minutes, end using
the most violent language at the same time. What would
be the natural consequence of each conduct in a man
such as the captain had been described to-day? He
would ask the jury whether, after seeing what the
men saw, and knowing what the captain had been guilty of
before, they would not have considered their lives in danger?
The men were going a very long voyage, and this ferocity of
demolition on the part of the captain made its appearance
-shortly after they left Glasgow. They were therefore per.
fectlLiright is alteeing the vessel's course at once, and re-
ten to the nearest port, especially when, as it appeared
in evi ence, the captain had told them " he would let them
knob before they got to the end of their journey"—clearly
implying that if he did nothing then he would take another
opportunity of carrying out his threatened vengeance.
It had been stated that the captain bad ultimately
allowed the men to have the beef, and that they
ought not to have revolted against him afterwards.
But the mischief had been done, and the crew felt ft
necessary for them to do something to protect themselves.
The cargo on board was said to be very valuable, and whoa
the men saw the sort of tamper they had to deal with, flask
first impression was, that unless they took the power outs',
the captain's hands, the vessel would be lost, and the OW.
destroyed. They, therefore, took him at once, and put him
in a place of security and confinement. But their conchae
afterwards was not harsh or offensive. They allowed him
everything he asked for• and they did as much as 'they
could to relieve him ire= pain. It was proved in
evidence that the men bad mid "We are afraid of
our lives, and we mean to take the ship into the
Hest port we can." Was not this a very reasonable course
for them to pursue under the circumstances ? What was
the conduct of the prisoners when they arrived at Ply-
mouth ? Directly the chief mate got on shore he lodged a
complaint with the merit of Lloyd's against the captaia.
Where, then, was the • felony and robbery" which had been

but there was not one tittle of evidence sgainst him, beyond t
the fact of his having brought the ship home. When the
veered arrived at Plymouth, it was ant intended that Rose or
Nettles obasuld be charged. They were allowed to be at
large, and it was not until after some conversation
bad taken plea between the captain and Mr. Ed-
' mottle, the solicitor for the prosecution, that they were taken
into custody. A great deal had been said respecting the I
conduct of the mates an removing the arm., &c., from the
(captain's cabin. The jury would bear in mind that ever'
thing was kept in the cabin that was necessary for the noes-
wilco of the ship. The drat thiemoherefore. that suggested
itself to Rose's mind, when it was determined that be should
take the ship home, was that be must furnish himself with
all the iostruments necessary for that purpose. Upon the
whole, he submitted that there was not one fact in the ease
which implicated Rose or Nettles in the confinement of the
captain, and it was the duty of the prosecution to satisfy
them upon reasonable evidence that they were taking part
in the transaction, and taking the part which had been
ascribed to them. If the prisoners were really guilty of the
offence imputed to them; they had acted upon an emergency
such as fully justified them in the course they adopted.
Mr. Slade addressed the jury in behalf of Strattcm, " the
innocent ruse of all that had teken place," and he con-
tended that this was oue of the most cruel prosecutions that
had ever been brought into a court of justice—a cruel
attempt on the part of the captain and his advisers
to fasten a disgraceful charge upon these honest and
innocent men. It was one of the greatest import-
ance to society at large, to say nothing of the Ins-
portamee to the prisoners and to those brave seamen
to whom the country was so much indebted, that this case
should be fairly and fully decided. He did not agree with
his learned friend, Mr. Cockburn, that the law compelled the
seamen to obey the captain, however tyrannical his orders
shall be. In the present case, it was necessary for the jury
to look at the character of the captain before they could
arrive at a proper conclusion. He admitted that he hid been
imprisoned six months in Newgate, and he (Mr. Slade)
would be bound to my for as brutal an assault as ever dis-
graced the captain of a ship. And it wee also
proved, upon his own evidence that he had been
fined 51. at Madras for another assault upon one
of his crew. It was quite clear, therefore, that
he, being part owner of the ship in question, melt have put
himself in command, for it was impossible that any other
owner could give him the commend. His conduct on the
occasion of the alleged revolt was that. of a rampant mad-
man, and be (Mr. Slade) caged most emphatically that, under
the circumstance., the prisoners had a fair and reasonable
ground ter the apprehension that t heir lives might ultimately
be in danger ; and they had therefore acted in a manner that
reflected the highest credit upon them.
Mr. Stone was about to say a few words on behalf of the
other prisoner?, when the jury interrupted him, saying that
they did not think it neceosary for him to address them.
Mr. Justice Williams said it was, nevertheless, his duty 10
explain to the jury what the law was, and if, after they had
heard him, they should feel it ncemeary for the learned
counsel to proceed in his adder" he was, of course, at
liberty to do so. This indictment (his lordship continued)
proceeded upon an act of muilkment, passed as far back as
the reign of Will. 111., which mulcted that if any seaman
shall confine his captain, or make a revolt in his ship,
he shall be deemed a pirate and a robber, and being
convicted thereof shall be liable to be transported
or imprisoned for any term not exceeding three
years. The men 'at the bar were charged with confin-
ing the captain, and making a revolt in the chip in which
they were engaged. In construing the net of parliament it
must be taken to mean "the making a revolt without some
particular cause." The great question was whether or net
there was any justification for the c mfinement of the captain
and for the revolt. No doubt there was a revolt, and that
the captain was confined, and the question was whether
there was anything in his conduct to justify the
men in the tourse they had pursued. Ile (Mr.
Justice Williams) agreed with the learn, d counsel who
had just addressed them that this was a question of great
national importance ; end it was also important that the law
upon the subject should not be misunderstood by any part
of her Majesty's subjects, particularly by those engaged in
maritime affairs. The law of England was, that the seaman
was not justified in making a revolt, and imprisoning the
captain, by reason of the captain's having been unjust or
unreasonable in his orders. The seaman was not allowed to
take the law into his own hands ; and it was not
because the captain may have conducted himself in
a harassing or oppressive manner that the crew
might take the ship into their own charge. If they
ware permitted to adopt such a course, there would he
an end to all that maritime discipline which had raised this
great commercial country to the eminent position it owl-
pied. The offence in question was one which misht he as
injurious to the interests of the merchant service as to the
royal navy of the country. At the same time that
he told the jury what the law was in respect to the
captain's conduct being "unreasonable and unjust,"
he must also tell them that in his (Mr. Justice
William/I'e) opinion a revolt on the part of the aearnen was
justifiable on one view of the case, and on one view only. It
was not justifiable unless the conduct of the ceptain hod
been such as to afford reasonable ground for concluding
that unless the men bad imprisoned him the crew would
have been in danger of their lives; or that they had
good reason to apprehend the coromisaion of maim vie,
ous bodily heron from the conduct of the esprain. If
the jury should be of opinion that the conduct of Cap-
tain Graham was such, that unless the men imp rieoned
him their lives would be in danger, or that they would
suffer some grievous bodily harm—if they shou'd not find
ground for coming to the conclusion that there wile reason-
able cause far thinking that such danger really existed, they
must convict the prisoners of the offence with which thee
were charged ; but if they should think that the crew of the
vessel had reason to consider their liven in danger from
the conduct of the awaits, then it could be their
duty to acquit them. He was bound to add that
the would be doing a great deal of harm be
allaying anything to take plies in court which might
lead to the belief that seamen hare power to imprison their
captain and to seize the ship merely because the captain hod
issued unjust and unreasonable orders, or if he hos rniscon•
ducted himself, short of such behaviour as may afford some
justification for the apprehension that he is not a fit person
to base charge of the ship. If, after what he had said, they
should be of opinion that the ease required consideration, in
conjunction with the law which he had laid down, they
must hear the teamed counsel for the prisoners in continua-
tion of the defence.

The JUT, acid they did not wish to hear the learned coun-
sel.—The Judge : Do you think there was reasonable ground
for the apprehension that the liras of the crew were in dan-
ger, from the conduct of the captain, at the time they im-
prisoned him ? The jury answered in the affirmative, and
they returned a verdict of Not Guilty in favour of all the
prisoners. Some applause followed the announcement of
the verdict, but it was immediately ch. eked by the learned
judge, who ordered the prisoners to be discharged.
Upon the application of Mr. Slade, hi• lordship ordered
the prisoners "register tickets" to be returned to them, in
ceder that they might he enabled to get employment in ar-
other vessel. The trial created very considerable interest,
and the court was crowded to excess. It we. understood
that 1501. had been subscribed in Glasgow, for the purpose
of defending the prisoners, and that a further turn bad bees
raised in this city.

NORTHERN CIRCUIT.—Dunium, Jvtir 26.
WIGHTWICK. O. BADDLISL—BRIIACIt or PROKIBII or
MARRIAOB —Mr. Knowles, Q.O , and Mr. Addison appeared
for the plaintiff; and Mr. Willem (with whom was Mr.
Jones) for the defendant. In this scion the damages were
laid at 8,0001. The plaintiff was a young lady, a native of
the south of England, whose father was dead, and mother
in reduced circumstances. She had been living with •
married sister at Newcastle, and not wishing to remain in a
dependent position heal advertised ter a situation. Through
that advertisement she had been engaged as housekeeper to
the defendant, Mr. Saddler, • man of 60 years or age, end
in indeper dent circumstances, residing at Whitehill-cottage,
near North Shields. Her sister and brother-in-law were
several times invited to dinner with the defendant, and they
end the plaintiff sat at the same table with the defendant,
with wham they met on terms of perfect equality. Ulti-
mately, the plaintiff proved enciente to the defendant, and in
July, 1846, was delivered of a daughter. Bap Won sold
after this event several promises of marriage ire* apdkern
by the witnesses, though no actual preparations appeared,
from the evidence, to have been made tot that consummation.
Shortly after her eccouctement, the plaintiff, in considera-
tion of the sum of 30/., signed a paper, the purport of which
was to release the defendant from his engagement. This
was alleged by the plaintiff to have been procured by fraudu-
lent representations; and it was further sworn that subse-
quent promises had been made by the defendant, and that
the plaintiff, her sister, and brother-in-law, had been at
various times invited to defendant's house, and had inter-
view, with him.—Mr. Watson, fur the defendant, con-
tended that the 301. was a full equivalent for any injury the
plaintiff had sustained by any breach of promise, dwelt on
the absence of all correspondence of an impassioned nature
between the parties, and on • declaration of the plaintiff,
that Mr. Saddler was so ill-natured that she could not lire
with him, and that he was insane; and contended that there
were no promises after the release.—Verdict for the de-
fendant.

POLICE.-YMERDAT

WORSUIP-ST SEET.-BIIVTAL A;ISAULT.- Thomas
lialiey was charged with the following brutal outrage upon
a married woman named Catherine Shanan.—The com-
plainant and her husband entered a public house in Norton-
(olgate on the preceding night, when a woman who was in
the prisoner's company, without the slightest provocation,
opened a volley of the coarsest abuse upon the complainant,
whom eke immediately afterwards knocked to the ground,
end fell with her. While in this position, the presentee
companion renewed her ill-usage of the complainant, who
struggled with her, and was endeavouring to release hersilf
from her clutches, when the prisoner, to whom she had not
previously spoken a word, but who had been coolly wit-
nessing bu companion', conduct without interfering, rushed
forward, and exclaiming with on oath that be would kick
her eyes out, drew back his foot, and dealt her such a kick
just over the left eye, that her cicthea were immediately
covered with blood, and she was rendered insenaib'e.
Several persons present instantly went up, seeing his
cowardly anion, and having rescued the woman from

the latter, he denied most positively having kicked her as
deseribed.—Mr. Hanoill, however, considered the case too
clear for doubt, and having told the prisoner that it wee.
solely out of consideration for the complainant herself, who
was stated to be too poor to carry the matter any further.
that he did not send him for trial at the sessions, sentenced
him to pay the full penalty of 61., or in default to undergo
two months' imprisonment in the House of Correction.—
The fine was not paid, and the prisoner was removed to the
cells.
WESTMINSTER.—AtxxoED Roitnxxies Bra Horse
Aomer's Cutter.—Elislia Kemp, clerk to Mrs. Marsh,
house agent and valuer, 46, Parkin., Grosvenor-sq., was re-
examined, charged with steeling • muslin dress from the
residence of the Hon.Capt.C.O. Scott, of the Scotch Fusilier
Guards. Si; E. Braekenbury's family vacated a house of
the Hon. Cita. Scott's, which they had been occupying, in
Cheehem-tt , Belgraye-q., on Thursday week, and in the
hurry of their departure left a box, containing a valuable
muslin dress. The prioner, as clerk to Mrs. Marsh, who
was engaged as Capt. Scott's agent, called at the house
several times immediately after the departure of the family,
sad yesterday week the housekeeper informed hint that she
had miesed • box from the drawing-room table. On the loss
of the box being communicated to Capt. Scott, he sent for
the police. In saisequence of information received, a sergeant
went to Mrs. Marsh's, and told the prisoner that he was sent
by Capt. Scott about the box and dress : upon which the pri-
senor produced it ; but the box which had been sealed and
' directed was found to have been broken open. The officer
then left the prisoner and consulted Capt. Scott, who directed
that the prisoner should be taken into custody. On the
same evening the prisoner visited the housekeeper in Ches.
ham-place, asked her how she could have mode such a mis-
take about the box, and told her that she saw him take the
box out of the house, and that he informed her at the time
that he intended to forward it to the owner ; allot which the
' housekeeper positively denied. A letter was found upon the
prisoner, addressed to Sir Edward Bra, kenlim, informing
him that • box had been left in Chesharn-street,
and that the writer would forward it. The pri-
mer repeated his account of bevies taken the box, witk
the knowledge of the housekeeper, and declared that he had
o dishonest intention. Ile meant to forward it to the
owner, and had mentioned it to his fellow-clerk, in order
'that the letter might be written, but it was delayed, owing
to the pressure of business, sad their not exactly knowing
Sir Edward's address. On the prisoner being placed in the
dock yesterday, Thornton, the police-sergeaut, raid that be
had, immediately after the previous examination, gene to
prisoner's apartment, and in the locked draw( rof • box
found sixty duplicates, relating to property of all descrip-
tions. Two of the duplicates referred to a scarf, and ewe
and handkerchief. Two pawnbrokers produced the pro-
perty, but could not identify the person pawning; and Capt.
Scott's wife identified the property, part of which she had
last seen safe in her wardrobe.—Thornton asked for a re-
mand, as the duplicates referred to bedding, carpets, hearth
rugs, and • variety of furniture and properly, to which pri.
toner, an a house agent's clerk, would at different places
have access.—Prisoner was remanded till Friday week.
THAMES.—A Riven PIRATE.—ChaI!eI Grade, • Prus-
sian seaman, was charged with breaking into the steamer,
Grey Mare Meg, on the river off' Wapping, and sealing
wearing apparel and money. Early yesterday morning, In-
spector Luton of the Thames police and his boat's crew met
with the prisoner in a ship's boat. which he was" sculling"
with one nor near the London Duck entrance. On asking
ham where he came from, tied what he had got in the boat,
he said he had just left the Mary of St illy, to which he be-
longed, and that be had a suit of clothes in the boat.
The inspector detained him, and upon making inqui-
ries ascertained that a boat, the one in which the
prisoner was found, had been unfastened from the
bows of the Meg. The engineer of that vessel
missed from the cabin locker a pair of trousers, a waistcoat,
and a silk handkerchief. He had placed them on the
locker before he turned into his berth on Monday night,
and missed them the next morning. He identified hiswear-
ing apparel found in the bost, ns well as a watch-key taken
from the prisoner. The mate lost 3s. Bd. f,om the pocket of
his waistcoat. and that sum was found upsn the prisoner,
who had succeeded in committinz the robbery while the
crew were asleep, and then rowed away in the boat. He
was committed to Newgate for trial.
POLICE REOULATION9,—Henry Tubman, a police con-
stable, No. 114 H, appeared before Mr. Yardley, by order of
the commissioner' of police, to answer a charge of refusing
' • "

to take a man into cusiodyfi'm assaulting Andre-w
Alexander,
and wilfully damaging his property, on the 6th instant.
There was a disturbance in the Crooked Billet, Tower-hill;
and two men, since convicted, had assaulted several persona,
and brole.n three tumblers and two panes of glass. The
riot continued Rome time, and the defendant, who was on
the beat, refused to interfere when eniled upon by Mr.
Alexander, the landlord, on the ground that the potman
hod struck one of the party.—Mr. Pelham, for the defence,
said that policemen were forbidden to enter public-houses to
suppress disturbances, unless the landlord requested them to
enter and apprehend any person who had committed an
assault upon himself. In this case no assault Irma committed
on Mr. Alexander, and the police cannabis was justified in
his refusal to interfere.—Mr. Yardley said the charge, u
stated, was rot proved, and, as the defendant had hitherto
borne a good character, he should dismiss the case.

MONEY MARKET.

TimaDAY EVLIVING.

Notwithstanding some sales of Consols reported
late in the day, and supposed to be made by or for
account of parties connected with the pigeon express
system, the prices of stocks were firmly maintained.
Assuming that a pigeon express note was received
from I'aris as believed, it would seem clear that it
could bring no intelligence of greeter moment than a
fluctuation, or say depression, in the French funds, as
otherwise the news could scarcely fail to have trans-
pired before or on the close of business. Consols
have been done at 89 for account to-day, or fully in
advance of the last quotations of yesterday. A slight
reaction of c followed, and prices left off 881 to
money, and 884 to 9 for account. Reduced Threes,
89 to h. Three-and-a-Quarter per Cents., 901 to 91.
Exchequer Bills, Bs. to I Is. premium. India Bonds,
ss. to Bs. premium. Long Annuities, 9 1-16 to 3.
Bank Stock was done at 198, and may be quoted 196.1
to 81.
The transactions in foreign stocks were on the usual
contracted scale. Dutch fwo-and-a-half per Center
were heavy at 571 to 3 ; the Fouts, 904 to 1.
Spanish Fives, 213 to 21 ; the Threes, 311 to 2,
with fewydealings. Portuguese, 301 to 14. A bar-
gain was done in French Three per Cent. Renter at
77, at the exchange of 25f. 50c. Mexican, 191 to 3.
Brazilian, 831 to 31.
Foreign exchange was more favourably done to-
day, and the quotations generally were higher on the
principal drawing places. The negotiations were, on
Anssterdam,;l2.4l to 5 ; on Rotterdam, 12.43 to 5 ;
on Antwerp, 25.70 to 7 5 ; on Hamburg, 13.111 to 12 ;
on Frankfort, 1203 to 1 ; on Paris, 25.65 to 70 ; on
Vienna, 9.59 to 10.01; on Leghorn, 30.30 to 35 ; on
Naples, 40;; on Madrid, 473 to 3—all at three
months. On Lisbon, at 60 days, 331.
This improved turn in foreign exchange will, pro-
bahly, exercise a corresponding influence upon public
securities.
Rumours had been for some time circulated in Bel-
gium of a financial situation so compromising, that
the deficit upon the yearly balance of income and ex-
penditure would be equal to 80 millions of francs.
In reply and refutation of these rumours, the Minister
of Finance has published in the Belgian Monifeur an
expose of the real state of affairs. From the detailed
statements of revenues and expenditure thus given
.114reenIts that, so far from a deficit ist'bilaitee, the
~Naelkat for the financial year anti* . iq pro.
`Oen% with the credits' already voted upon the
receipts by the legislature, presents a surplus of
more than one million of francs, upon a gross income
of more than 117 millions. Considering that Belgium
has had to traverse and struggle through the same
famine crisis as ether parts of Europe, and that the
government has had similarly to come to the aid of
the suffering people with extraordinary advances in
the shape of money as well as of payments for food,
such an exhibit of the financial position cannot be
regarded as other than encouraging. All the extra-
ordinary demands upon the government have been
faced without recourse to a loan, although it was be-
lieved or asserted in various quarters that such an
operation would be indispensable sooner or later.
The new issue of Treasury bills lately decreed was,
it appears, incorrectly viewed in the light of a finan-
cial scheme for raising money to meet deficiencies in
the exchequer. The fact is stated to be that the
issue, and further issues to come, are intended only to
meet out of their proceeds the amounts of old Treasury
bills falling due shortly, and as they shall fall due
hereafter. It was thought more prudent to be pro-
vided with funds beforehand by the base and I
disposal of new bills, even at some sacrifice of
interest, 'than to run the risk of having the
means to provide, inconveniently perhaps, at the
time of the old bills coning to maturity. It
is added; that the new bills have met ready accept-
ance with the public, and that nearly the whole
iislount intended to be remitted for the present hos
Men taken up. It will be remembered that these new
V& are receivable at all times in payment for taxes
and customs dues. An issue of bills of this kind was
thought preferable moreover to any increase in the
bank-note circulation.
Belgian government, doubtless, was appre-
lest, from the large loan operations about to
amiselaiora by the French government, the coarse
money affairs should be eo disturbed that it might
a been difficult to meet any large amount of old
bills if sent in to be paid off.
, •
1•101.1511 Pi. MAL
Re Ass., NEI IS I Doll. 16'1400 I'6
Ccsients WM rossolo tar Asst.:l9g
Ass...Mr et. N I CIL ainee.l4., all
v5...p..1. 6 ISSO,SI tae DIM, MS •N
IS•ss, Si ismai/. Is is

irolll3oll BUNTS.
n Cr Brazilian Ada., UK 2 'rt. Cr 6110.1. K 8.A..111 it
. ?4,,,, H 4.1.. let, and U. 131 IN. Ant., lull 30. DI
per Ct. Grenada It& , defarrrd, II 3 per Cr, Tomb Newer. 111. Is.
6 per Ct. Meziraa t:1.1.11/1 26( line.
6 per Ct. Bpaskati Beads, dlr. tier.. :6 per Al. Batch Erebliart II Gail,
ISIS. BS li I 573
De, Aoczdaly 30, 211 2 I 2 per Ct. ditto Ccollitiater. NI
ISCHATIGNA AND ritOCX• ANKOAD.

I
LI
PAIUS,
j."
W. 1::: Per Aass
g. \
Tr u 17 Opeafte. lik..il. , Lew... Gleeese.
3 ter Cents. . 77 ge 1777*1 77 it
I D. . . 11788 1111 IS IN al 117 113 11780
14 De. . . „ 1 a g ••
„
Bachinge ea 1 eagna 714 aye?. u De
eneg. Bevy.
Belgian S, INS . . . Illore 1 Nooks imam . • •I ..
, Moan Lea . • • ••
I Treeenry DOOM • • ••
D. te . . . , Seat Rum . . . 3:MI
Slew. o,Jesell.—Tbrele per.Ceiete.. 17 28 13.10 : rive p../. ans.. 171.
17.2.121... et I. Coepear, le. Beak 00 St Tenlinead, 1311. Beak sigh La-
belle. 123, Esau,* 00 1.840.. 47 30-100.

Wilk magistrates ordered the nice Where, then, was the " felony and robbery" which had been cowardly action, and having reamed the woman from r-7--1—; --
ban -note circulation.
• go toosichdo la= gmmendolkwitothaanmoathneLcrrell: committed azin)st ttliu own
pon tebre of th
ese uenzets:l,asollethcseptain, finutrother ill-treatment,
lyT ecoalmleptitnhaentpoalitce police, gave
i bins
f The Belgian
governs
wit ; ma giy IZes hare haulm sea. whether they did not consider that there were eireumstajury
nees her testimony, exhibited her thee to' the magistrate, shock- bemire lest, from the laq
I don't romihell Wing and od hr 2.51. damages. and of such a nature as to justify the men in what they had ingly swollen and cut —Two witnesses who were called in be undertaken by the Fn
• bag dolhadisel by Mt: whasen's depositions done ? The captain was port owner of the ship, and support of this statement described the prisoner's conduct ea of money affairs should b
uses has pat in his hand go whelk bis momee7, mto the moment he arrived on shoes he went to his agents altogether unprovoked and brutal in the extreme, and ex-
have been difficult to men'
• vbeilmo ter not Yr. Mom& odd Ito indiadid to sell Role (his own agents), and instead of their inquiring into his pressed much malaise that the complainant had not been
treasur bills if sent in to
sad IWO. an mhakomeo, and padded la his statement conduct, they tom round andpal4 captain
will try the men more seriously injured than she was, as the prisoner had on y'
1110410admode had not mid so to the magistrates.) I upon a charge of piracy! SU the had had a very heavy pair of boots, the toes of which were clamped 14.0, stale, 15011,
anagegashog wag gig was put in 11116111. I asked no other interest in the ship sod that of being coin- with iron plates.—The prisoner, in answer to the thine, es.rea. A., ail sl
hisser theklasaly wyriset atm it to me, kly desire mender, it was not very likely that the inquiry before the said that the complainant bad interfered in an uojotrifiehle ser et. cowl, Ares.. baj I
MM
• . MIS tthatUr, the abookl bo apposheadwl ; magistrates s
would have been much as it was. It had been manner with the woman who was in his company, and that 1.1
mMe fie Jima any ot the rest. At the tints insinuated that Rom must have incited the men to mutiny, although he acknowledged he had interpooed on behalf of LIAO, so sum si