Northern Times.
Liverpool, Merseyside, England, 1857-10-08 00:00:00

THE SHIP SENATOR OF LIVERPOOL.

It will be seen from the subjoined letter that a Go-
verument:inquiry has at ler gth been obtained into the
case of the captain and his trial at St Helena, and that
the efforts of the owners or friends of the captain have
met with ready response from the Home authorities—a
result gratifying to the press, which has directed public
attention to a ease of great injaitice and suffering, and
to the perseverance of the owners and friends :

Gentle.ren,—l am dratted by Mr. Secretary Labouctere to
acknow:edge sour litter cf the g-,h current, on the case of the
Senator, and to infirm yea th it he has ',Tetrad from the Lords of
the Council for Trade, a c ,py of your letter of the Bth, addressed
to; that department
Mr. Laboaesere will greatly regret to learn, if the fact turn out
to be ,o, that sucA iajustic., as your letters in licate has beers corn-
miled towaris Ca2taia 1.. e, of the S3nstor, in the co!ony of St.
'Helena. Be he remains satisfiA, notwiths:anding the argnmerts
therein educed, that this case cannot be c nsidercd by him, w th
justice to the parties concerned and wth due regard to public
policy, except on the recc:pt or that report from the authorities at
St. Helena, which has been already app'ial for, as yon we'e
inform, d by my letter of the ilth Jnne,—l am, So T.. Elm T.
To Mes,rs. Pearc and Nashs.

This case is one of general importance to the shipping
community, and the recent accounts from St. Helena dis•
Close circumstances novel, and we hope unusual, in the
administration cf justice. The Senator wason her home
ward voyaga from Bombay to England, vvith a crew
partially mutinous. An altercation and affray, provoked
by the second mate, led to the accidental discharge of a
pistol through the captain's toot catching in a sail. All
concurred that it was accidental, and so signed the official
log. Evun the wounded man did not dissent. The
captain's grief and attentions to the wound, however,
were rewarded after three days, with a general rising o'
the crew, his being doubly ironed, and cotopelled to put
about for St. Helena, where a charge of wilful shooting
was preferred. The captain was detained in prison, his
desire for a naval court, or to he sent home refused, and

the vessel re-manned an I dispatched- In Ace time he was
triPd—no witnesses (fleeted on hi; 3410—n0 lawyer to
defend him--no one to oharacter—nn official log prorltred
as required by the statute—with the !Crown Advocate

acainst him, no wonder he was found guilty and sentenced
to imprisonment. He has now suffered thirteen months'
incn.reeratiol, and it appears that the conrt no jur-
diction to try the in+ctment, and that it is void and
defective on the face of it. Were such objections to exist
on a t:ial in this country, a sho: t appeal by writ of error
is attainab!e at a small cost and no delay; but our
. .

colonies seem to afford no appeal but to the Privy
Council—a costly and tedious step, or t the royal
prerogative, throu'ill the Secretary of State. as in the
olden time in this country before appe.,ls wore pro
♦ided for. Repeated efforts to obtain a copy of the indict
anent and record were frustrated for 12 months, and are
yet no:Attained, although the Government has interposed
and ordered them. The offioial log, too, h•ss been altogo•
ther suppressed, and is not in its proper custody.
An appeal.has been presented to the Privy Council on
these facts, b•ut the long delay, and the necessity for fur-
ther reference to the colony. will render the costly step
valueless.
The case is a salutary lesson to shipowners and cap-
tains, and if our men are to be subject to detention and
trial, let us at least protect them and ensure fair play, and
a reasonable amour t of justice, even though it be at St.
Helena, in return fcr heavy costs and other items.