Northern Times.
Liverpool, Merseyside, England, 1857-08-07 00:00:00

ALLEGED OUTRAGE AT SEA.

THE COMPLAINT OF MISS JANE HAGGARD
AGAINST CAPTAIN GEORGE CONWAY, OF
THE PACKET SHIP SWITZERLAND, FOR RAPE.

UNITED STATES COMMCSSIONER'S COURT.-JULY 18.

SIC3ND DAY.

[Tho particulars of the first day's proceedings in this
case appeared in our paper of July 30.]

BEFORE JOEEPR BRIDGRAM, ZEQ
Tun UNITED STATES V. GEORGE CONWAY, CAPTAIN OF
THE Sun' SWITETBLAND.—The proceedings in this case
were resumed this day, at twelve o'clock.
The Commissioner remarked that the report in the
triesta/d, of the first day's testimony, being more eltiborate
and accurate than his own notes, be would not take any
-further notes, but depend upon the reporter. Jane Hag-
gard, the prosecutrix, was recalled, and her cross- exami •
nation continued by ex-Judge Dean : The berth under the
inside light ; there was a light, but net so that you can
see through it from outside ; tried to look in through
other lights ; I could not see through that on the outside
I have tried that on the outside to see if I could see in ; I
looked after I got on deck. The reason I tried to look
was to see if others could see. I do not know whether
the window would open ; I have seen the ones that open
into the sea ; the captain did not keep it open most of the
day in day-time. I should say no person could stand ili
the wizen chain and touch the bed when the light opens.
'The opening to get into the berth is a'eout the height of
this table. After the captain took me by the arm he took
me around the waist ; he stood a'ongside of me ; I think
snatched my hand from.the handle, and partly carried me.
I do not know wh3 is the tallest, the captain or I. I don't
know which was the largert ; part of the way he carried me,
and then he pulled me. I r id not get into the bed first ; I am
,positive; I can't tell which got into the bed first; the Cap-
tain sat on the side and pulled tee in ; he put me in first;
he kept forcing me, and would scold me for not going to
bed ; I cannot t,ll how often he committed a rape ; I can't
tell whether he did so'once a day ; the next night he com-
mitted the next rape; he locked the room; I was very sick;
he waited until late ; came in, locked the door and told me
-to go to bed ; he undressed me and put me to bed; I bad
-been crying all day ; I begged him not to put me to bed ;
I don't know whether I screamed the first night; the Cap-
tain staid all day ; next esty he was out a little; no one
came ; I do not know whether any or.e heard me; I saw
or heard no one ; the lights opened on the inside out to
sea; I opened those that opened into, the sea; I did not
try to open the deck light: I wanted to get out very
much ; I did not think of that light ; those lights as I stood
up were higher than my face ; there was no chair, no stool,
no way of standing up; the window looked into the sea; I
could reach them well enough; I was not afraid of the
passengers hearing me ; I can't tell how many prssengers
there were ; it was said there were three hundred ; I can't
say there were not six hundred ; when the captain got to
the berth he eat on the side of the berth; there is room to
sit on the edg s of the lower berth and the upper ; he then
had both arms round my waist; I was not down
the same time as him ; I did not sit down after he pulled
me down ; I was set down on the side of the berth ;
I do not know how long I was so ; I begged
him to let me go ; he said I need not make such a fuss ;
when he consented to marry me I paid I did not
-wish it; I tried to get away, but I did not ; then the
captain pulled me in with him ; he pulled me as he went ;
I went in first, I suppose ; lie pushed me, carried and
pulled me, I don't know which ; he left marks of violence
on my arm ; he knocked my head against the berth ; I
showed the marks to no one ; I did not walk and talk with
persons after this; when he committed the violence he
was between me and the cabin ; I was to the sea side of the
berth ; he held me with both hands all the tune; I bad
my clothes on at this time ; he held me some time with
both hands ; the captain was at the time dressed ; I should
think I left marks on the captain ; the marks of violence
I left on him resulted from his violence to me ; I scratched
his hand ; I did not wish to scratch his face if he let me
alone; his face was within reach of me; I pulled his hair,
I should think I did ; I do not know that I did not scratch
his face; I do not know whether I scratched his face or
not ; I do not think his face was scratched next day; I had
no relation on board that ship, no friend; there were not
two persons on board that ship who passed as my uncles ;
there were not two men who used. to send into the
cabin as my uncles; no other of the passengers were
in the same name, nor no two men who called
themselves my uncles went with me.; I was never
deranged before this ; never was deranged on the
vessel ; I never told any one but Mr. Peachy
about this ; I did not talk with various persons on
the voyage ; Peachy's was the next to the captain's room ;
I never tried to sea what it was ; I never knocked on that
to make Peachy hear me; I never went on the deck but
once, except when accompanied by the captain ; I then
saw Mr. Peachy ; I had few persons to talk with on the
deck or in the cabin ; I was very much troubled in conse-
quence of what had happened ; any one could see by my
appearanc3 that I was grieved ; I cried daily ; Shaw (one
of the passengers), and the doctor and the cabin boy saw
.it ; the captain swore at the cabin boy, and said he had
-told me something to make me cry ; the steward's pantry
was right opposite the stateroom ; I was always crying
on the deck ; everybody saw me cryirg ; cannot say how
often I was on deck; it was as often as two or three days ;
on the day of Peachy's death the captain told me it would
not be convenient to marry me ; he asked me if I had
'enough to go direct, and he said he would give me enough
to
Stay; I told my sister that he had promised to marry
me and he had not done so ; I was afraid to, and did not,
tell her anything else ; she said t‘ oh, no, he did not intend
to marry me er
; hal kept it a secret from every one until
that time, except I told Dr. Nickerson ; I did not tell him
right away after I got there ; I cannot tell when I told him
I had been seduced ; I thought I was in a peculiar way,
and the secret was more than I could bear; I did not tell
him I wanted to procure a miscarriage ; the miscarriage
occurred after that ; it did not occur from anything ; what
I told Nickerson was the truth ; after that I told my sister;
I told her the same as I told you—how he had done the
matter to me • if he had married me it 'Would have been
all right, as I was in the family way ; I don't know
Whether I told my sister before or since I wrote the letter;
left my brother-in-law's residence to make this com-
plaint on the 2nd or 3rd of July • I came with my sister ;
I have not been deranged since last Sunday ; I have been
since the complaint; I did not send for or to the captain ;
I have not auth:rised any one to settle this for me ; my
Sister has not, to my knowledge; I am not accustomed to
drink intoxicating liquors ; the captain offered me some ; I
refused ; there were no coloured persons in the steerage ;
the crew were coloured ; I did not know them ; I did not
speak to them to my knowledge; I never consented in my
life to have connection with the captain; it was always
-ag•init my w 11; I resisted him all the time all the voyage,
and pushed him away all the time; I did have a cold all
the time; when the captain was forcing, after the first
time, I always pushed him ; I did not scream then, because
I knew it was no use ; I pushed him because it was against
my will ; the second night, when he got into bed with me, I
pushed him • I pushed him hard ; I resisted him every
night ; after I got on deck, after the captain seduced me, I
went in 'o the steerage, and the passengers were violent
-and insulted me ; I deresay they knew it • Mr. r.Peachy
'said he heard there were many disgusting remarks' about
this; I was standing in the cabin, the captain in his sta•e-
room, when Peachy said this ; the captain was in the
state room; Peachy said he would see me righted, to never
-fear. Mrs. Elizabeth Davis examined by Mr. Joachimssen
I reside in Kendell, Orleans County, New York ; I am
sister of complainant ; she came to me 24th of June ; has
remained with me most of the time since, her health
,!4?Parelstly well ; I had not seen her fir seven years ; she
nes sick been
Week most of the time ; she was under Dr.
arson, s treatment most of the time; she told us what
'happened between her and the captain. Cross-examined :
she had no doctor Once she has been in the city ; she
- wrote letters ; she sent none after she called the doctor,
that I know of ; she went to the post-office herself; I saw
her send letters to Captain Conway ; she sent one ; she
had a miscarriage, as the doc or supposed ; I could not
Swear ; I called the doctor at that time ; I did not know
what was the matter with her then ; she had told me
something before I went for the doctor. Jeremiah Dunne :
am one of the Deputy Marshals; I arrested Captain
Conway on the Bth day of July ; I told him whet it was
for; he appeared to be confused, and said he was engaged
to be married to the lady; Mr. Hart was with me ; that
was all the conversation. Cross-examined : He was not
frightened; he did not appear to be alarmed; I did
110 t ask him whether he -had committed a rape ;
this was in the hall; Mr. Hart heard it, too. Franeis
Nichols was called for the defence, and deposed
—I was on the Switzerland on her passage from Liverpool
to New York, April to May 23; I know Jane Haggard ;
first saw hor on Friday evening, April 11, in the river,
son bo d ; the vessel nailed on the 14th ; the first evening
saw her she went on the poop and stopped by herself until
10 or 11 o'clock; her uncles were walking the deck below ;
she had two uncles ; I was told they were so by the pas"
sengerS and her talking to-them; I never heard her call
them uncles ; I next noticed her, on the third night, I
go into the between-decks, and get her night clothes and
went into the captain's room and undressed herself; I was
on the deck from 8 till 12 ; at half past 11 I called the
captain ; I then saw them lying in bed together quiet;
they were undressed, both in the same bad; during the
voyage I always saw them sleeping together ; never saw

sety ill-usage whatever ; during the passage, in the day time,
she was mo,tly on the poop; in the night time always in
the cabin ; I often saw her on the port side, skylarking with
Peachy ; he was the cabin passenger ; I understocd he had a
father here; I saw them sitting oaths deck together ; he had
his hands on improper placee, and they were kissing each
other; locten saw her talk with the niggers; she never appear-
ed to be unhappy; she appeared to be contented; never saw her
crying ; I could look through the deadlight right through his
room; I cduld see all t bat occurred ; It was mostly always open
during this voyage; the deadlight alangeide her berth
opened into the mizzen chains ; there were five hundred
and sixty on board, not counting the ship's company ;
all had access to the deck; I could see through this dur-
ing the day time ; sometimes on deck and sometimes below;
she had full liberty ; they could all come up to look into
the deadliest; there is a little over two feet space between
the two berths in the captain's cabin ; the deadlight inside
is the same height as the outside. Samuel Hobson : I
am English : lam seventeen years of age ; I came in the
ship on this voyage; I saw Jane Haggard the day I went
on board ; I fetched word from her two uncles to her and
her to them ; they eat in the forecastle with darkies ; they
are oldish men ; the two- uncles went in the steamboat
ahead of her ; she said they were her uncles ; ~he did
not at first own to their being uncles ; she did talk of them
as her uncles ; on Good Friday night I saw her sitting on
the hatch drinking with the darkies the crew ; I saw her
go into the captain's room on the 14:h of April ; I saw her
ctme from between decks with someling in her
hand ; I looked through the deadlight in the state-room,
and saw her undress ; Peachy used to go down to
the steerage to prevent smoking ; she went down to speak
to women ; I was Bashing the cabin one day, and she
asked me to get her trunk ; I got it, and she put her clothes
in the captain's chest ; she offered me the trunk, but I said
I dii not want it ; she appeared hearty and laughing at
eve ything ; the doctor and I went with her ; I saw her
over ; she took a carriage ; she was hsppy enough ; the
passengers used to ask me where the bad girl was with
the ft-away cap on ; that was what the passengers called
her ; I have seen her all naked in the cabin in bed ; have
never been on any voyage but that with the captain ; I
have never been to ses before • I was mess boy Cross-
examined : I saw the girl talk with all the passengers ; we
had 500 passengers ; she talked to as many as she could ;
I c%n't answer how many ; after going out I saw her go
into the captain's room, between 7'and 8 o'clock ; I raw her
call meals ; I was not cabin bey ; captain did not send the
cabin boy away; he went to Toronto with a passenger ;
Mr. Peachy died; they said he took poison ; he used to be
with me ; I never gave him medicine ; the doctor attende.
him ; he told me he was unwell; I did not go and
get medicine from the cabin. George Hubert sworn.---I
am French, and just 17 years of age ; I first saw Jane on
the day we went out ; she sat on the cock pit talking with
another passenger; I saw her often after that; she would
come and talk with Mr. Peachy; I saw her " skylarking "
with Mr. Peachy; I saw her sit down on the port and Peachy
beside her; he looked round 'and then kissed her; the
cabin boy also looked ; he had his hand on her dress and
then they rose ; I saw her talk to the darkies ; she also
talked to me ; I never saw her crying ; never heard her
make complaint; could see into the captain's stale room;
can open it if you like Cross examined—lt was the third
day out she \yes sea-sick ; the captain went in a minute
after her ; I did not see her come out ; she continued to
sleep in the captain's room. Thomas Conway sworn—l am
brother of the defendant ; I have often seen the Swi• zer-
land ; the opening is two feet foar or five inches to get
into the berth in the captain's room ; there was a d.sadtight
opening in the front part of the stateroom ; any
noise could be easily heard. Henry C. Jackson gave
similar testimony. The testimony was here closed.
Judge Deau moved for the discharge of the accused
A charge of rape on a woman by one man has been long
since exploded, and there is no sane man would believe it.
The story is very improbable, that such violence could
have taken place in a ship with between five and six
hundred persons; but that she attempts to explain be
saying she was hoarse from a cold, and she explains her
letters to the captain by saying she was insane ; it was
not, however, " moral insanity ;" it was more like physical
insanity. He (Judge Dean) did not attempt to deny that
the captain had slept with her and continued to sleep with
her throughout the voyage; but for that he has b en
punished. Bat there is no evidence hero to sustain the
charge of rape. It is evident that she had not only con-
versations but criminal conversations with Mr. Peachy.
Mr. Peachy's uncle here remarked, " There is no such
evidence, sir. lam the young man's uncle, and I deny
The Commissioner called the gentleman to order. Af'er
some further observations, Mr. Dean left the case in the
hands of the Commissioner. Mr. Joachimssen contended
that these letters, written some ninety days after the
' offence, did not absolve the defendant, nor warrant the
-United States in not proceeding with the investigation.
He therefore submitted that it was a cause fur a Jury to
pass upon. It is generally the line of defence, in cases of
this kind, to produce testimony, to slander the character
of the witness for the prosecution. He submitted that the
defendant ought to be held for trial, for the protection of
the travelling community. Peachy is dead ; the doctor is
gone to Liverpool, and the cabin boy is gone beyond the
jurisdiction of the Court. The Commis4.oner said the
case was one of too much importance to decide on at the
moment, and he would reserve his deelsion for a few
days.

On the 20th May last a preliininary meeting was held
at the Royal Hotel, Sydney, for the purpose of forming a
new con3pzny to b- called th 3 Sydney Conium3r3 Gls and
Coal Company. The chair was occupied by NI-. Samuel
Coben. At the close of the proceedings 33 person-; p.it
down their names for, collectively, 5,003 shares.—Sydney
Herald.

EXTRAORDINARY METEOROLOGICAL PHEN,IIrNON. A
block of pure crystalline ice, weighing nearly 25 lb., was
discovered on &loudly last in a meadow hAonging to Mr.
Warner, iu the neighbourhool of Oricklewood. On the
day prier a storm passed over the spot. Al 'eery, in his
History of France, mentions a block of the wehrbt of
100 lb. that fell during a thunder-;torm in the year 1510.
MERCHANT VESSELS AT SEA.—The Admiralty has issued
a circular directing the comm 'odors of her Mejesty's ships
to make periodical retorts of all merchant vessels they may
meet at sea, signalizing their names by means of the new
c mmercial code of signals authorised by the Board of
Trade. As every Bri•i :la registered vessel now has, and
every foreign vessel may have on application, a distinction
signal of four flags, whereby her name, port, nation, ton-
nage, and other particulars are indicated, it is to be ex.
peeled that the regulation will prove conducive to corn-
mere?, by insuring mere frequ?nt and correct reports in the
shipping lists. The four flags lacing distinguished by
letters, this info-mation may be prmaptly communiea`ed by
electric teltgrapb, and whets the Atlantic cable is laid, we
may anticipate in Lloyd's lists the shipping intAligence
fr an America as punctually as from the ports of the
United Kingdorr. •
SAGACITY OF A PONY.—A pony, at Penrith steam
was seen, on Sande), last, to perform a m )st sag scions feat.
It happened that a servant went to inspect some sheep in
a field adj ing Stockbridge Mill, in which the pony was
grazing; be had occasion to secure one, and tie its l'r
until his return ; the poly, witnessing this p=eormanee,
very sensibly waiter! till the man was gone, when it was
seen to match in quick pace to the sheep, walk several
times around it, indicating much curiosity. and showed its
sympathy thus : by scraping the ground with its fore
feet, and licking the sheep with its t,:ngne, but
" endeivou s were not long inciLetuel,—he got
the rape firm in his teeth, shook it, and ttrew up his head ;
the sheep soon ran off, ant Chvle, in a triumphyit matn.
ner, galloped round the field with the rope is his mon b.
- Carlisle Patriot
The Weeley Dispatch says :—A. " claw me claw thee"
measure has been concocted between the corporation and
the government, which has ended in a Thames Conser-
vancy Bill, whereby, among other things, one-third of the
whole taxes, fees, rents, and license payments to be levi'd
by the bill on the wharves and shipping of the Thames,
are to be paid over to the Qua: en avid leer family for the it
private use, as part of the hereditary rev, cues of the crown
The treasury, it is said, promote the bill, while it is entirely
I disrelished by the Woods and Forests. Coroner Wakeley

has agitated the principal members of the government and
opposition. Ho asks if the conservancy of the great
metropolitan river is to be handed over to a parcel of
taibrs and cobblers, when at this moment a frightful pec•-
ti.ence is threatened by the revolting foulness of the stream,
polluted by their past mismangement. The stench at
present is literally horrible. Coalheavers and lightermen
daily sicken with the smell.
PR')GRE3S AT Jn:;s2r.—Among the changes, it was
pleasant to find that no longer did the Pillory disgrace
the Royal Square, no longer were criminals publicly
whipped throt gh the streets, as I once saw with shtto,-
daring disgust. Formerly women were thus publicly
whipped ; but that disgraceful exhibition was put a stop
to before my time; and now Jersey has grown humanised
enough to se that whipping men must be reliequish d.
It was, indeed, a loathsome eight. The naked shrieking
wretch with a cord round his neck, halberds pointed at his
breast to prevent his hurrying forwards, his back stream-
ing with blood, his face turned imploringly towards the
surgeon, who walked beside the executioner, and whom I
once heard utter the cruel words, " Harder Jack I" mean-
ing that the victim bad strength to withstand even harder
blows—a brutal Mob followi;:g without sympathy—the
procession moving slowly from the town-hall to the prison.
This was the picture justice frequently presented to the
inhabitants of Jersey, and which now, thank God, w;_'it
never bs seen by them again, bat will take its piste ace,ong
the brutalities of the past, a sign of the onward pr ogress
we have made.—Blackwood's Magazine, for Aulgr.A.