The Express.
London, England, 1857-10-27 00:00:00

CENTRAL CRIMINAL COURT.

Johnson Wllligoo Doyle, the master of the ship John
Sugars, eurrendered to take his trial upon an Indictment
which charged him with a series of aggravated assaults
twin Robert Eutwick, an apprentice on board the same

!sir. Bodkin, Mr. Clark, and Mr. I'oland conducted the
preecution on behalf of the Board of Trade. Mr. &dew
Parry was mortally retained, with Mr. Lawrence and Mr.
P. H. Lewis, for the defendant.
Mr. Bodkin, in opening the case for the prosecution, mid
that the government had felt it to be their duty to Institute
the present prosecution against the defendant, because, from
circumstances that had come to their knowledge, through
very salutary provision to a statute that had bun recently
enacted, which required a record of all momedings titan im-
portant character that took place during durine voyage of a
merchant vessel to be submitted to the inspection of an officer
appointed for the purpose, they had reason to believe that
the boy Bostwick had been treated in a most cruel manner
by the defendant, and that there were some grounds for sup-
posing that he had at last actually committed suicide from
the terror that had been created in his mind with a view to
escape further cruelty.
Several winterss were then examined on behalf of the
prosecution, two of whom were Depose and one an Austrian
seaman, and from their evidence it appeared that the John
Saws sailed from Hartlepool on a voyage to Ceylon in the
month of May, 1866, and that tho demand, who was a lad
lb tiors old, was one of the ,ipprenticee, and acted ea
cabin buy on board the mewl. According to the web
dente of the witnesses, it slimmed that very soon
after the vasel sailed the defendant assaulted the
lad several times with great violence, sad that he also
compelled him to walk about the deck at night with a
heavy capstan bar in hie hand, carried as a gun, and deprived
him, by this means of his rest. It also appeared that on the
IRth of August en alarm wee given that the boy Bostwick wee
overboard, and he was drowned and his body was never re-
covered. This fart appearing in the log-boolt, coupled with
the omission of any statement that means were taken to
save the boy, had led to the present prosecution being
in.tituted.

These witnesses were subjected to a very 'earthing cross-
exunination a
Pedant Parry and it appeared evident from
the anawere given by some ' them, that there was a good
deal of ill fee ing against the defendant on board this vessel,
cod it appeared that when she arrived at Point de Odle
complaints were made of their conduct, and one or two of
them were imprisoned, and they afterwards deserted from the
John Sugars, and one of them also admitted that he had de •
tweed from another vessel called the Tuna,. It also appeared
that they had threatened that they would ruin the defendant,
and that there had been disputes between them upon the
sut,jcri of the wages due to them, and the defendant was
summoned tofore a magistrate. It was likewise admitted
that at the time the pour lad fell overboard ho was a
leaningin, the cabin, and that he had to get water_
but bet hem the side of the ship, and that he might have
fallen overboard by accident while so engaged. It also
appeared that the moment the alarm was given the ship was
put about, end kept near the spot fee more than an hour, and
diet the defendant had a life-buoy fa his band, but as the
body of the boy was never seen, it was, of course, useless to
throw ft into the water.
Mr. Elerjeant Purr, in the mune of a very able speech to
the ju7 on behalf of the defendant, said he did not at all
coinplatn of the government haying instituted the present
prosecution with a view to protect persons placed in the posi-
tion of this unhappy lad, bemuse there could be no doubt,
from disclosures that had recently been made public, that
very great cruelty was frequently preetieed in merchant
yeesele at sea, and it V. undoubtedly the dutyof the govern-
meet to endeavour, by all the mane in its power, to put •
step to such proceedingil. He was cure, however, he mid,
that the jury would not allow the disclosures to which
he had referred to prejudice unfitly the CYO of the
defendant, and that they would not forget the re-
sponribility that devolved upon a person in hie position
and that if they thought be was not proved to have exit.
eised any unnecessary violence towards this lad, or that
no more wee done than wee required for the preservation of
the necessary discipline on board the vessel, they would not
convict him upon the present t huge. The learned lerjeent
then lied the attention of the jury to the fact that the
crew of the vend was colopoeed partly of :legroom and
foreigners who were evidently actuated by vindictive feelings
towards the defendant; and he mid that hie instructions
were that then, was no real foundation for the chasms egaiset
the defendant, and that It bad been trumped up by the trit-
eness for their own purposes.
Three or four witnesses were called for the defence, and
some of them contradicted the evidence given by the wit-
melees for the prosecution, as to what occurred upon the
occasion when the assaults were alleged to have been com•
mined. The defendant also received • good character for
houianity and kindness of disposition from several witnesses.
One of them, • merchant ship captain, named Scott, also
stated that it was • very common punishment inflicted upon
apprentices on been! ship, to make them carry • rieptan bar
for two or three hours ; and he said that it had been in-
flitted upon himself, and he would rather bays had the
rope's end. (A laugh.) The reason for this wee, he said,
that it was over sooner. (Renewed laughter.).
The Recorder then summed up, and the pleb alter a
short deliberstioe, found the Alendaut Gushy upon the
third count of the indictment, which charged him with
having eommitteda cowmen weak
The Roxider having directed the defendant to be placed
in the dock, proceeded to pees sentene •• upon him, and in so
doing he observed that he had been • onvicted of an moan
upon evidence which was quite conclusive to the court and
tli.Lery of • boy on board a ship of which he was Um cote-
, and that no tIeIIPS could be offered fur that assault.
It wino( cause, very necessarythat discipline should be
premiered on board ship, and the court would be very sorry
to do anything that was likely at all to interfere with the
proper authority of the commander of a weasel, hut, at the
same time, it should be known that ivory boy or other per-
son engaged on board ship was eater the protection of the
law, and that every weer of authetity would meet with
punishment. He was gratified to find that the new statute
which directed that the log of every simnel upon its arrival
should be submitted to the exatienetion of a competent
officer, who had thus an opportunity of causing inquiry tolls
made into etc the eireumstant et reenacted with any act of
personal violence that appeared to hove been committed
on board, either by the captain or any other o
~fflose was
likely to lave • very salutary off ct, and he hoped that
the preeeut prosecution would teed to make Re pro-
vietone noire extensively circulated. It should be
known by all persons in the ponien of the defendant that
every act of violence was sure to be inquired into, at what-
ever dietetic* from the shores of this country it iniOt have
been command. In the preset case It "peered tln •
moment of excitement be had assaulted this unfortunate boy
in a very violent manner, and if the jury had convicted him
open any of the more merlons counts in the indictment, ho
•hould certainly have inflicted a much more severe sentence
than the one Le wee shoot to pronounce. The jury had con-
victed him of c,ne aseetilt only, but there was too much reason
to suppose that thi• unfortunate boy had suffered • series of
ac to of violence at his hands, and there was also comeidatable
ground fur believing that he hod been driven to the act of
telt% destruction to eseape from the violence to which he was
wilierted. He then centenced the defendant to be imprisoned
in Rewrite for three months.
Richrtrel Knolch., 19, ft respertallo-lonktog Lot, described
as • clerk, pleaded guilty to an indictment which charged
him with stealing a eheque for lent., the property of Beteja-
min Ilst(111411 and another, hie twisters,
Mr Poland, who appeared for the prosecution, rid that
the prisoner bad been in the eetvico of the prosecutors for 18
months, and be was sorry to inform the Court that he had
stolen several other cheque. that Kid been intrusted to him
for the payment of ineurancett and other purpoees, besides the
one referred to in the indictment, to which he had pleaded
guilThe
y prisoner wassentenoed to four years penal' servitude.

NEW COURT.
(Before the Common Eterjeant.)

John Greer runenhered to take his trial for en sneak
upon Mobeoodeen, a Lafleur penman, upon the high seas.
Mr. Ribton prosecuted and Mr. Sleigh defended.
In this taw, which was reported at some length last casino,
it will be recollected that the jury, after being locked up an
night, were discharged without coming to any decision, and
the defendant was liberated upon hie own recognisance", to
appear this Mellon for trial. Upon that occasion eleven of
the jury were for au acquittal.
The facts proved in evidence this day were the rame se
upon the former occesion. The defendant wee first mate
on board the Dominion, home from Bombay, and the
prosecutor was one of the Lacer c row shipped at that port.
According to the story of the prosecutor, the assault took
place when the vessel was about three weeks' sail from
Bombay, and, aa be alleged, the defendant 'wiled him by the
hair, threw him upon deck, and knocked two of hie teeth
out. One of the teeth prosecutor produced in court, stating
that he had lost the other during the voyage home.
For the defence, the cheep of assault was denied, and
seldom celled to prove that the only violence which took
place daring the voyage was, when off the cornet of Corn-
wall the prosecutor from some neglect imperilled the ship,
sad that the defendant In retrieving the error gave the WO.
1•011• Of a violent posh to get him out of his way. It was
also sworn that when the prosecutor was shipped at Bombay
he bed some of his teeth out, and that during the voyage be
wee noticed to be palling his month about, and Bald that one
ef his teeth wee locos.

11r. —I
Ts dames 1 the ivy at same length,
mad *tassel to prove thee, reds, mod also that the at.