Northern Times.
Liverpool, Merseyside, England, 1857-12-07 00:00:00

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THE CHARGE OF MURDER ON THE HIGH SEAS•

SIXTH DAY'S PROCEEDINGS.

Captain Christie and James Millard were brought up on
raturday, for the sixth time, on the charge of having
eseuedered Francisco Roderigo. dr. Tyndall-was for the
Crown, Mr. Bluck for the captain and Mr. Snowball for
tha mate. The case was fixed by Mr. Mansfield for ten
o'clock, and at that hour there was a full attendance of
persons in court, and as the day went on The court became,
as usual, vary mucia crowded. In consequence of the
absence of some witness, it was nearly eleven o'clock before
the case was gone into.
David Gillespie was the first witness. He said : I was
a seaman, on board the Elizabeth, from New Calabar to
Liverpool. The prisoners were the maser and mite.
Roderigo joined in Breaker Island, and was a strong healthy
man, of dark complexion.
Mr. Tyndall: ad you ever sea him ill treated by the
captain ? Witness : Yes, three weeks after we left I saw
the captain strike him and kick him at the wheel. I heard
the captain say, " Steer the ship better, or I will kill you."
Ile then went and struck him on the side of the head, and
he staggered up against the wheel. He sung out,
" Captain, don't kill ms The captain did nothing more
to him, bat kicked him. The captain had light summer
shees on at the time. Roderigo complained that night of
his thigh. I saw it next morning, and it was swelled and
black a little, I recollect about six or seven days after
we were making spun yarn on the main deck, and I saw
licderige bitl am not certain whether it was the wrong
watch—l saw him go up on the poop, and he walked lame.
The captain was on the poop, and he said, " Come along
quicker, or I will help you along " The captain then
struck him with a rope five or six times pretty hard, and I
c ,uld hear it about midships. Roderigo sung out, but I
could not make out what he said. I think he showed me
his back next morning, and there were thre or four
marks of the rope on it ; they were blue marks, but
the skin was not broken. - He lay up after that,
He said he was very bad, and not able to work, through his
thigh. I remember the captain coming to the forecastle,
I think the second day after, and he asked where was the
" Russian." Some of the men said he was in his bunk,
and the captain came to the door, and told him to get out
and work. He said he was not able, as his leg was bad.
He spoke bad English. '1 he captain said, if he did not
come out he would get a tackle, and haul him out He
came ow, and eat on a spar. He was hardly able to go.
He got ont on his chest, and crawled on the deck. The
second mate gave him same Bennett to make. I recole et
the case of the binnacle lamp. I was at the wheel, and it
was dark. Roderigo came aft to trim the lamp. I heard
the captain ask what was the matter, and the steward said
the " Russ:an " had broken the lamp. The captain struck
and knocked him down.
Mr. Block : I thought it was dark ? Witness : I heard
the fall, and heard him (deceased) say, "Don't kill me,"
or d kill," or something like that. I heard more after,
but could not make out what it was. I was relieved
about half an hour after that. I was in the second mate's
watch, and so was Roderigo. I went into the forecastle,
and all the watch were there. Roderigo's mouth was
bleeding, and his lips were cut. The blood was on his
face, and he complained of his back. He said the captain
had kicked him in the back and ribs, and he said his back
was very much hurt. He said he thought the captain
wanted to kill him, and it would b 3 better for him do so at
once. Saw his back next morning, and Harry Renshaw
was rubbing it with turpentine. There was black all along
the small of the back. He complained of a bone being
broken, and there was a rise in the centre of the small of
the back. It was a lump. He said, " Don't rub it so
hard, as you hurt me." I don't remember seeing the
captain ill-treat him after thee.
Mr. Tyndall : Did you ever see the prisoner Millard
beat him ? Yns, about three or four weeks after, but
I am not cor ain of the time ; it was either at eight or
twelve at night, at the change of the watch. I saw
Roderigo going up on the break of the forecastle,
and saw the mate knock hiM down ; there was a light,
and Roderigo was standing one side of it. I heard
the mate ask whose look-out it was, and I then saw him
knock the deceased down, and kick him when down, and
he did not work much more after that. I recollect
Roderigo's heed being shaved; I think that was the first
or second day-before he died. I shaved it.
Mr. Tyndall : Had you orders to do so ? Yes, sir, from
the captain. He was very ill at that time; he was brought
up, as he wanted to be washed ; ho said lie would lake to
get washed, and I assisted him out. I had previously re-
ceived orders from the captain to shave his head, when he
saw the state of his head.
Mr. Tyndall: Was he willing to have his head shaved?
I cut off the hair with a scissors first, and then shaved
him, and he made no objection, but said it was cold. I
poured water on him a long tithe before he died; that
was after the captain beat him ; the second mate told me
to do so, for the purpose of washing him. He was not
eeeae ;1 t
Mr. Bluck : When was that patticular time ? After he
As beaten at the binnacle lamp. [Mr. Block: Indeed.]
To the Court . He was dirty and lazy at the time, and
not willing to wash himself. [Mr. Bluck :Ah l]
Mr. Tyndall: Do you know what the scurvy is? Yes,
but I never saw it before the last voyage, and then I saw
enough of it there. The men who had it had their gums
and legs swellel. I never heard Roderigo complain of his
month, but I did of his lip being sore ; that was three or
four weeks before he died, after being beaten by the
captain. He was not fed on oatmeal, but we all
had lime juice, I believe, all the voyage. Ro
derigo's meat was stopped, he eat hard biscuit up to a
couple of days before he died; be then eat very little.
There was plenty of bread and meat for any one that could
eat it. We had to go to the cabin every Saturday for our
food, and went to the galley for coffee. Each man had to
go for his own coffee. The captain never gave orders
about Roderigo's food. Heard deceased ask Frank Atkins
to go to the galley, and get him something I saw the
deceased the day before he died. His face looked the same
as it always did : there was some blood round his mouth,
and that's all the differerce I saw. He did not look so
fat nor appear as strong as when he came on board. He
was very ill, and his face very thin. I did not speak much
to h'm. He was spitting blood beside his bunk then, but I
did not notice any cough. I saw him after death, but not
his naked body. The second mate sewed up the body, and
I saw it buried—thrown overboard.
Cross-examined by Mr. Snowball: I know the Spanish
sailor Matio, and he was laid up. I can't tell if the
assault of the mate was before Matio was laid up.
Mr. Snowball : If Matio said the assault was seven
weeks before Roderigo's death, would it be true ? I can't
tell that

Snowball : Was it a very dark night ? Not very
dark. I was steering, and heard the mate call out. I
swear the deceased did not fall from the bits, but from the
forectsile ladder.

Mr, Snowbalt: Is not the forecastle ladddr one huadred
feet from the wheel? I can't say the length, sir.
Cross-exam'ned by Mr Bluck : I can't say if it was one
or two days before his death he was shaved. He was never
on deck after thr. I never told the captain that he was
well a'ole to work, and that the other men said so.
Mr. Black : Nothing to that effect? I dont recollect that.
I never spoke to the Cap'ain about that. I did not strip
him and turn him out on deck after his head was shaved ;
on one occssion, when the mate gave me the bucket of
roster to wash deceased, I did pour it over him, that was a
very long time before the shaving.
Mr. Black : How long was the binnacle lamp affair after
youlefCalabar ? About 7 weeks I think.

Mr. Black : That you swear ? I think about that time,
but I did not keep day or date.
Mr. Bluck : Have you not sworn here to-day that it W 5
a much shorter period ? I think not. I heard the Cap.
tain's voice. The deceased was very dirty in his habi s,
so are all foreigners.
Mr. Bluck : I hope there are ir) foreigners present to
hear this. Did you ever see him skulk from his work ?
No, he always went to his work as well as any one else.
He was a d deal thinner when

Mr. Mansfield : Do not use such improper language, Sir,
in a Court of Justice. Are you discharged? Yes Sir.
My distharg, is at the Sailors' II:me. and the character is
good. I Lai shipped at Cardiff when I was sent for to
come here to give evidence.

I‘ Ir. Tyndall then proposed to put in tho written opinions
cf the medical gentlemen, which they had written, in con-
sequence of the evidence they had heard all through the
cam).

This was objected to by Mr. Black and M. Snowball,
except in the usual way. Mr. Black said his client com-
plained that the prosecution did not call the cooper of the
ship. named Wilson, who could give importayt evidence
for the Captain, and it was a shame the crown did not ca'l
him.

Mr. Tyndall : I wish we could get him, we have tried
every place to get him. Bat if necessary he will be ex-
amined hereafter, if we can get him.
Here Mrs. Captain Christie rose from the left hand box
of the Court, and said " He is here now—examine him."
This caused some sensation in Court.
Mr. Bluck : I did not know that he was in Court, but
as he is I think ho ought to be called.
Mr. Tyndall: Do you intend to call him?
Mr. Btu& : I think this is very unfair on "the part of the
Crown. They have called every one who had anything to

LEWIS Az 'S. Renelagh-street.
BOYS are CLOTHED from the COMPANY
Ages of Six to Twenty. Years.

say against the Captain, and now there is some one who can
say something in his favour they refuse to call him.
Mr. Tyndall : You can call him if you wish to do so.
Mr. Block : I shall certainly exercise my own discretion
in this respect ; but I cannot help complaining of this
conduct on the part of the Crown prosecutor.
Mr Tyndall : It is true we made every possible exertion
to procure this man's attendance. We were not able to
get him until he arrived here at 3 o'clock this morning.
He was then, and, as I understand at present is, in such a
state, that he is totally unfit to be examined. If neces-
sary, however, when the time comes, he will be brought up
and examined.
Mr. Block : I am very glad to hear Mr, Tyndall express
himself so ; and he car not therefore complain of me,
when I complained that this witness was kept back. It is
clear, however, that he is here now, and the Crown may
examine him
Mr. Tyndall: You may examine him if you wish. We
will not, at present.
Mr. Bluck : No ; you are afraid he would favour us.
Mr. Tyndall : You can call him if you please.
Mr. Mansfield : It is clearly in the discretion of Mr.
Black to do so, if he wishes.
Mr Bluck : I thank your Worship. I shall exercise
my authority, with your liberty, if necessary. I will not
call him now, bur, if necessary, hereafter I will do so.
Mr. Thomas Inman, physician, and lecturer on medicine,
physician to the Northern Hospital, medical doctor, &c ,
examined by Mr. Tyndall : I hare been in Court all the
time of this examination, and have formed an opinion as
to the death of Iloderigo.
Mr. Snowball objecto i, and said the case of Captain
Rogers was similar. He contended that an opinion could
not be given, and Mr. Mansfield agreed, except upon an
hypothesis. The witness was then asked by
Mr. Tyndall : Supposing a man had been violently kicked
on the body, so as to cause a large swelling on the leg
between the knee and hip joint, the skin not being broken,
but being very painful when touched, and causing an
indentation in the flesh when touched; and supposing he
was kicked and stamped on the back, with such force as to
leave the mark of the heel of a shoe, and that after such
kicking the man was unable to straighten his back, and
that a lump, to all appearance a bone, arose or protruded,
within a few days after such kicking, which caused great
pain, to make the man believe he had a bone broken ; and
that afterwards he was kicked and beaten all over his
body, and that he was obliged to lay up, not able to do
any strong work ; that he was ill-fed, became daily weaker
and weaker, and thinner and thinner, until he died; com-
plaining while he lived of intense pain in his leg and back;
expectorating dark clotted blood; a few days before his death
breathing heavily, and when found dead, with his nose
and mouth covered with blood. Supposing a man had
suffered all these, can you tell us the cause of death, in
your opinion, the man being able to eat hard biscuit
within two days of his death ? Dr. Inman : I infer under
those circumstonces_, that the kicking had produced an
abscess in the thigh, and subsequent to that, that matter
had accumulated in the chest, and inflamation had then
fallen on the lungs, and these were quite enough to cause
his death.
Mr. Tyndall: Were the injuries I put to you (supposed)
sufficient to cause death in a healthy person ? Dr.
Inman : Certainly they were
Mr. Tyndall : Supposing a man treated as described,
labouring under the treatment that I before described, was
at the same time ill with scurvy, and had not proper
treatment for the disease of scurvy, what effect would the
treatment have on that man ? Dr. Inman: It would
make the ill usage more decidedly' fatal to h m.
Mr. Tyndall: Would a person having the scurvy be
able to eat hare biscuit? Dr. Inman : He would not,
surely.
Mr. Tyndall : Why not ? Dr. Inman : Because the
gums would be swel'ed and tender; the teeth loose and
unable to masticate hard food.
Mr. Tyndall : If a man cat hard biscuit up to two days
before his death, would he have the scurvy ? Dr. Inman :
Most unquestionably not. •
Mr. Tyndall : Are there any marks on the body of a
person having the scurvy that might be taken for bruises ?
Dr. Inman : Yes, the marks resemble the mas ka from
bruises. I know no way of distinguishing between them. I
am not aware the marks are in one part of the body more
than another. Tho parts so affected would be hard, but I
have not heard if men complain of-the touch. Men show
marks of scurvy, but never complain of pain. A man hav-
ing a disco!ouration of the thigh, and very painful to the
touch, I should say that was not scurvy. Swellings are
extremely rare in scurvy, and these are found only in the
hans.
To Mr. Mansfield : It is difficult to account for the lump
en the back, except one of the vertebra on the back
were broken. [ln illustration he showed a small diagram
to explain the question ] That would not endanger life,
but it would cause great pain and prevent the man walking
upright. The additional suffering from the pain would
tend to shorten the life of a man previously ill and weak
from suffering
To Mr Snowball : In the case supposed, matter would
be nonunion ICUIII Liie ItUtied,l3 wetnotet areal:mg the skin.
The matter absorbed into the system would vitiate the
blood, and cause inflammation ? That is extremely
probable, but not quite certain. The inflammation of
the lungs might have arisen from his having caught cold.
The blood on the face and mouth, it is very probable, was
occasioned by the inflammation of the lungs.
To Mr. Mansfield : Any additional pain would accelerate
death, from the previous ill condition of the man, as de
scribed

Mr. Tyndall : Does it follow, in the case assumed, that
he did die from inflammation of the lungs ? Dr. Inman :
Certainly not; but in the absence of a post mortem, exami-
nation it would be impossible to say the actual cause- of
death.
To Mr. Mansfield: A person would not die directly from
a person stamping on the back, unless the spine was
broken through; but it might produce inflammation of
several portions of the body (named them), the effects of
which inflammation might be fatal. It is possible, I may
arid, that death was from simple exhaustion of the system.
Mr. Tyndall : From what would that arise ? Dr.
Inman : From the injuries supposed and the circumstances
of the case. The injuries from the first would produce
death, and the tendency would be aggravated by each
continual kicking.
Dr. W. B. Wall, house surgeon to the Northern
Hospital examined. Mr. Tyndall asked him: Assuming
such a case as I have put to Dr. Inman do you corroborate
him ? Ido agree with him in all matters he has been
asked upon.
Mr. Tyndall said he would not call any more witnesses.
Mr. Snowball : I think you have called quite enough.
Mr. Bluelc: So- do I, unless they call Wilson, whom
they say they will not.
Mr. Tyndall : Then we close at present.
Mr. Snowball then said the enquiry now was not as to
the cause of the death of Roderigo ; for on that point,
according to the medical evidence, it would be quite im-
possible to come to any conclusion, in the absence of a
post mortem examination of the body. What led to death
might be, another question, and it might have arisen from
a variety of causes. The man's head was shaved, and he
got cold after that, and inflammation might have followed,
but would that constitute murder or manslaughter on the
part of the captain? Some one left the window behind
his back open the previous day, and he got a severe cold.
Now, if inflammation and death followed, would any one
say that the man who left the window open was guilty of
murder or manslaughter ? No one could say that the alleged
kicking and beatings of the deceased by the captain caused
death, and therefore the captain was not guilty of either
murder or manslaughter. There were few people iu the
world, who did not, at some time of life, get a few kicks—
for his part, when he was young he often got well kicked,
and no doubt it done him a good deal of service. (Laugh-
ter.) He then commented on the evident o and called his
worship's attention to• an edition of IRoscae's digest of
evidence, published this year, and cited a case very like
the present, that took place a short time since at Glsegow.
He continued to say that the crown asked the magistrate
to say that the kicking cause] death—even when the
doctors could not say what c used the death,-in asence of
a post mortem examination. The case of the mate was
not the same as that of the captain—whatever that might
turn out to he, for he (the mate) did not appear to have
contributed to the death in any way so as to accellerate it
He (Mr. Snowball) did not think that the prisoners could
be put on trial for their lives, ashen even the doctors did
not, from hearing the evidence, know the cause ef death.
If character, in such a case, was of any value, he could
produce one on behalf of his client, from Wilson and
Dawson, far 15 years, which would show the man to hold
the fi st character in all respects.
Mr. Tyndall: I have Lot said a word about character
in the whole case, but I can give evidence to contradict
that if necessary
Mr Bluck said Mr. Snowball had anticipated him in
his observations, which were what he had intended to have
said, but still he would offer a few remarks on the whole
of the case, as it now stood before the court. From the
evidence of the first witness, Henry Renshaw, if that stood
alone, it must be considered an atrocious case on the part
the captain ; but I think from the position in which the
prisoners now appear, that you will not consider it
either murder or manslaughter, but one of aggra-
vated assault only. You cannot, sir, have failed to
observe, that there was a great deal of straining in this
case to uphold it, and you cannot fail also to have heard
a great deal of perjury committed by some of the 'witnesses
who were examined to support this case. One man con-
fers with another, and they are all well examined before ,

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BOYS are CLOTHED from the Ages of Six to Twenty Year