The Express.
London, England, 1849-09-13 00:00:00

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Pm" worlas pariNci AND i.oz

All4'

11. ssonspesi thin angan at nine o'clock.
On an of the pristine the seen consented to
l's &knee mod hipposkuisnal Maud ;
Mr. J.
ip=ateemd it. Alim re-
tards; to the • • whin the hived
ptiea hail sat • end he the NMI* With whisk be now
proseaded to address the ant is -iikliihmee, the phew
teamelmet ha MA *Wand I. Meintre melon
Pi kr posibotanymtn whin he hod hoped Ind
Innate rea* ersaluany, It had bon Isit
ewe Mil mans& of heinens Wean Me merit *at
allataraw- kat mot engem
_the laughed foliage et
=tma. if ha ealstake allowed he so. it imliffsrmase.
isk he bail fine Ina of Oen km:
of sampan Mums@ ho bad men Wore on* grom
Nodose te hint; at any, if h• might be
per it, of ominmpe. meanly In *owes from
whin tits *mg= antawfsi, henalos far the amps them.
when Wing sowed rag *op sus i not be pond. Hs
was net *sake in Ike bake of sarpriso. Them who
had hug Imewera his, bed hum imbued with a aimikr
premiss Wine tan, had kind of the ansesices ley,
reellmay. ed steely cost inn fist. (Is 'archived= a
this at tuning =Masts were read hem several Innis re-
esetly oddment% Oen Pintas, by Akin at high rash
and standing inksits mass, who as sod A anposmod ma-
taukhnant at thepoids• in whisk ha was planed. ea Owl Ind
newer laud the slightest complaint dean the time Mind
served with them or under them, taa' snore or mailer-
like savant, and had never OM airrabe tbakedwa
to lead them to capper* that he mmai be salty of bask
ends* The halms also hue Moon lend Inenrahla los*
any to the priesmar's anent chasocese) The deans! this
referred to the slaws, which thientionne abound wig al"
framed " with kranio strategy ;" aid with weber, mho be-
lievA to enable mu of the prosecutors to In wan while
the was being examindora as te amid,f petiole the
facaussiseas of enstradistions and umeoutreariag. He
was soalinned in this belia by the feat that (in coosequesse,
as he nmaidarod of the prosecuton not having twee
both present at the sinus lima), Mr. Graham had net bon
ogled st all. When he emmoshaionied the Chilean la Fan-
ary, 1848, it unfortunately hammed that the detainnest
of Mariam et the Parham* Division was on duty la
Inked ; and the detashment whin was sent on board
oontabeed in neweqaemee many Lea of bed character.
Thus at thehsgunieg he was deprived of the support of thh
mast calmble arm of the sesame ; far many of these man
wen samment the want in the ship ; and they who should
hue boon lIIMOMpIes of good, biome promoters of evil. Had
it bun othstwise, his slip would have been neatly without
peninsula—at all nests, without severe punishment.
Nothing but the retilmensee of the prosecutors could have
induce them to refer to the oaken who had left the 'hip :
it would be for the mart to say, whether even ace °Sur
bad left bar in onsequenee of a misuaderstanding with his.
self. And who were they by whom these shags
were made ? In what positioa did Mr. Elliott some
before the court. at the opening of the present case
He wee then soder sentence of a soars-martial, and if lids
were not samegh, it had hen shown, proved oat oath Wore ,
this hououraWiscrart, that he had seriously and frequently
committed himself by drunkenness. If ha had not behaved
to this mu in a manner more considerate and forbearing
than he deserved, he would coo:, he could not, have remained
in the ship. He mast refer to one scene, as indicative of the
feeling which had actuated his conduct towards him. The
court would rocolhen that it was ;It iridium that Mr. Elliott
was drank when on the Prates shoals: in oonsequenes of
the seriousness of the offence, which was only a repetition of
that which had occurred before, he determined to represent
his conduct to the Commander-in-Chief. On that day he came
on deck in a state of intoxication, and was found drunk by the
boatswain, Mr. Hely; he was taken below, and the same day
prisoner saw him sitting aft with a hatchet in his hand,
chopping the quarter gallery. The hatchet was taken from
him by Kr. Storey, the asrpenter, and he (the commander)
asked Dr. Rogers and Mr. Brake to endeavour to get him
below, which they did. Subsequently, Mr. Elliott esproosed
hie regret, and promised that there should be no recurrence
of the earne ,• and, is consideration of this andof his family,
Le consented to look it over. Mr. Elieat was totally
unknown to him before ha joined the Childers; so was Mr.
Graham ; but he must state what had come to his knowledge
of him since. If he bad 'mown it earlier he should on-
inlay have precasted him from joining the 'hip at all,
sad, thereby, preserved Mr. Elliott from the contami-
natiog influence of his character Mr. Grains had entered
the !MACS about 15 years ago, and, when saving In the
Belvidere, Capt. the on. O.crge Grey, he had been °swi-
velled to apply for his discharge to the shore, for having,
while caterer of the mesa' purloined the mem money' he
ha' no certificate given to him, and was therefor* unable to
produce it. In 1843, while servirg it. the Satellite, he was
again turned out of the mess, and remained out for some
months, taking his meals during that time in the carpenter's
cabin. At Monte Video he was tried by court-martial and
reprimanded ; and he worked his way home from Rio to
England as a foremast-man in a mercbant vessel. In 1846,
be was app.:doted to the President, but his character basic('
precedes i in, the midshipmen of that ship represented to
the commander-in chief that they would not receive him
in.° the ship, and be then obtained an acting order as
lieutenant of the Childers. After be had been on board for
come time, and when be was directed to jai* the President
he expressed a desire to continue in the Childers. And as
hi. conduct up to that time had been good, sad as Lieut.
Carter was desirous of joining his patron, Admiral nacres,
at the Cope, he applied to the commander'in-chief, at Mr.
Graham's own request, to sanction an (mahatma, which was
acceded to. He could not ha 1p remarking that this request
was made after the alleged acts of cruelty towards Witte,
Heigh, and Sanger, which were now sought to be brought
forward to subrantiate the charge against himself.
After Mr. Graham had been thus permitted to remain, he
was in the habit of associating with the ship's company,
giving them spirits and drinking with them. At Wooing he
came on board so drunk that he (Cora. Pitman) was about to
report him to the commandsr.in-chief, when he produced a
letter, which he said announced to him the death of his
father, occasioned by the death of his rater, who had fallen
from a horse and been killed; he added that his father's
house had bee, burnt down, and that his remaining sisters
were entirely dependent upon him for support. Tan letter,
coupled with deep mourning, In which he appeared at the
time, left no doubt upon his (Commander Pitman's) mind
that his statement was true, and be accordingly did not re-
port his, but he subsequently met Commodore Plum.
ridge, who told him that the whole story was • fabrication.
Ara that, Mr. Graham so frequently committed himself,
that he was obliged at last to maki a formal report to the
commander-In-chief, in which he charged him with several
distinct breaches dike articles of war. The defence then
went on to comment on the tostinany adding In support of
the proaecutioa, and alleged that that evidence showed, upon
the face of it, glaring ineansiteneles, contradictions,
and false statements. It complained that a good deal
of irrelevant matter had been introduced, and re-
minded the court that its atten.ion must he con-
fined strictly to the specific ekarges which were
Were it. The prisoner's (khan then went on
to deal with the witnesses in detail. It alleged
there was no proof that the latter mentioned by Lieut.
Carter, in his Goidelic*, had its origin in • general mutinous
spirit on the part of the crew, and it !adduced in support of
that allegation the fact, that when an inquiry had been in-
stituted at Chatham, by direction of the Admiralty after
the ship's return to England, the man bad unani-
mously_ declared to Captain Peter Hines* and Cap.
tike B e UM, who conducted the inquiry, that they
had no cause of complaint. The in of Haigh was dealt with
in the defence at cousiderablo hug*: the onamander di-
aled that, he wee either severely or unnecomarily punished,
or that the commanding raker could be held responsible for
the anumpteasso K • punishment property awarded, and
iafiktn ia the prolloll9 of the medical officers of the nip,
etas it revoked in death. He did not wish to avoid
lest the partisan respossibility of deciding
;=IZ.I/0/1/1114 a *hi to bear the punishment was
sonsistal to the medical teens of the ship. Ikon
as ever he learned that the mss had had en oesidaut whin
was believed to have affected hbjuad he directly snored
hin to be reineed bent ihe lAsisksiel“ sad datY•
Will in maliassesn 'ha down; a nibs and obstinate
Anse. Ho in kit ashen at Sault Town and
hwasimmilictil *at he was OM win gloat, and wt
and
beessedagbaalagcheated the maim& ssop of the Chiller..
with sown to vrbite, the easiaasilart daahad that he had
said he would give him "Iwo ism" after Its wm
" sorelhod." If Ito had intended to tog him, be should in
r=with the riles of the serik*, have is
linaaner. He denied also that he bad ever heard
that White had threatened to pump overhand, or that in
cttg of fact there was any evidence he had jumped over.
at all. The in was semi to struggle and to swim,
gad whoa as Leman was hold, immediate after tie occur-
man, ushody es hoard could tell whether he canto
into the water andantally or by dears. With re-
spect to the " se:abides " K the h eye, It was
prong that k was not different from the practise
if the senlee, sad as to the statement that ganger
hod Mom* insensible ender the operation, and had bean
kid bohn the galley flu by Mr. Brake, coo restore admit
=the whale of it ; wee • positive fabrication. lie
had positively matzadistod it. sad the only hay who.
had nor beams Inanimate, and had twee laid Wore the
galley fire by thet gentleman to restore him, was a b.y
' • inued Blake. who bad fallen overhoard, and narrowly
.sand drowsing. The commander denied having called
limas. Graham a liar, though he admitted having stated to
'MS he bad told many untruths, a statement which was
arnilin by the evidsece ef Mr. Chevalier himself. He '
Mae all in his power to promote the comfort ma
lesonsass of his crew; of thou who left Englied
with him, 62 had returned— 18 'scalded, 13 had
died, 14 deserted, and 11 had been appointed to ether skips
of the 62 who had returned 13 were petty °Main. Why
had not the boy Cireettion been prodneed ? Because the
prosecutors knew he would not have supported their case.
The boy was his servant. He bad takes him from school,
bathe wu negligent, Ms, and given to falsehood. Oa one
occasion he direered him to clean a new pair of shoes; he
roasted them eo, that the -diet of them burst when he at-
tempted to put it ea. In the heat of the moment be ad-
mitted that he threw the shoe and grazed hie head ; he was
extremely wry fur it afterwards. fa contheentieg upon the
testimony a the other witnesses the commansler said he did not
know unlit* ship was paid off that words " with disgrace"
were hunted in the log book in tuberoses to Mr. Smith's
discharge, that be was In point of fact discharged
for mite mcluet, but after his discharge, and particularly
after the prosecutors left the ship, his masa was all that
could be wished; and it would have &in him great plea.
rare to have been instrumental in tutoring him to the
service. jldeviog adverted shortly td the other charges of
false entry, sod false expenditure, and made some further
strong rentoks apes the nature of the ptomain and the