Northern Times.
Liverpool, Merseyside, England, 1857-12-02 00:00:00

THIRD DAY'S PROCEEDINGS.

Captain J. A. Christie and James Millard were brought
up on remand. The Court was more crowded than on the
previous days. Mr. Tyndall appeared for the prosecution,
and Mr. Black for Captain Christie, with Mr. Snowball
for the mate.

The prisoners appeared much more anxious than on
the former days, and the Ca'tain was very pale and rest-
less. A large number of his friends were present.
Mr. Tyndall said that, in consequence of the importance
of the case, and in consequence of the absence of important
witne;us, he would not be able to finish the case so as to
hare the prismers tried at the present assizes.
Mr. Snowball and Mr. Bluck contended that the case
should he concluded, so as to have the prisoners tried at
the present assizes. After some discussion, the case was
proceeded with.

The first witness called was Matio Trook, a Sicilian,
examined through Mr. Achille Peross;, whose in'erpre-
tation elicited the admiration of all who heard him, for
his intelligence and correctness. I was an able seaman
on board the barque Elizabeth, from New Calabar home,
ant!, Francisco Roderigo joined the same time I did. There
were two joined—Spaniards—witness and Roderigo.
There was a sailor named Mitchell on board ; he joined
at New Calabar. Three of them came from the Faith to
the E!izrhetb. The prisoner Christie was the captain of
the Faith, and Millard the mate, and they were the same
in the Elizabeth. Left for England the let July. Rode-
rigo was in good health when he sailed, and he could walk
straight, and was active. I saw Captain Christie beat
Roderigo, about a month after leaving:, with a rope. It
took pjace at the wheel, and Roderigo cried out that he
was killing him. I recollect the captain beating
him one night after that. I heard him cry out,
"Oh, he's killing me." I was in bad, but did
not leave it. I could see the cabin door, and saw the
captain and deceased outside the door on deck. Roderigo
was laving on the deck, and the captain was kicking him,
but I 'don't know the place be kicked him, but I saw him
kick him bard and violent. The captain then went into
the cabin, aad Rodelip went to bed in the same place
where I was, and said the captain beat him, and all his
body was in pain. Up to that time Roderigo was. a strong
,man. There wry great pains in his bones after, and he
walked lame and bending.

Did you see Roderigo's back after that? Yes, in alaout
a month. I never saw the second mate rub deceased's
back, nor any one else.
Did you ever see his naked back ? No, but saw it in
the bunk about a month after. All the crew were there
at the time, but I do not know the names. A man named
Summers was present.
What state was his back in ? It was blue and black a
little. There was a bone sticking out about the middle of
the back. Saw his legs, and they were swelled, the right
one more than the other. When he was touched he was
in great pain. I recollect the first mate comiug to the
forecastle at twelve one night. •It was before I saw
deceased's back that he came. I saw the mate beating
Rederigo. The mate asked who was on the look-out?
and I heard Roder go say he was not on the 100k-out, and
saw the mate beat him. He kicked him violently, and he
fell on deck, and he cried out "You are killing me." He
beat him with his hands and feet. Re had thin shoes on
at the time. I saw Itoderigo next day, and he complained
of pain from the• beating.

Bid be become weaker after that ? Yei, he got lean
and weaker after the beating. I recollect his dying. Saw
him on deck about a month before be died with the
captain and mate. He was very ill, and was walking very
badly. I remember the second mate heaving the log one
day, and deceased was with him, but I did not see him as
I was sick in my bank, but I could see the deck. Svir
the caiitaia on the poop.

What did you see him do? Kick Roderiga on the
poop, and the latttr had 'the log on his arm at the time.
lioderigo fell down, and after that he went to his bunk.
Did he ever do any work after that Never. He slid
his shoulders, back, and all his body, were in pain, from
the beating of ropes, hands :and kicking by thc, officers. He
did not mention any names. Saw him the night before be
died, and his breath was very bad ; that was so from the
time he began to be ill.

Mr. Mansfiold-: Did you see his gums? Yes, they were
bad, and he could not eat. Saw blood coming from his
mouth ; the night before he died saw the blood, but not
before. All his teeth were loose, and he breathed very
heavily in his bunk. He said it was from illness his teeth
were bad.

Did he say ho bad the scurvy P No, nor had be the
scurvy.. .

Had be the scurvy.? No; be had a coug,b, and spit blood
for five days. When he cougiled, he appeared to be in
great pain. He told me the cause of his illness was the
beatings he got from the ofßecrs.

31r. pluck :—That was answered before the same way.
Witness : I saw him taken on deck and brought hick,
the same day of the night he died. His head was shaved,
and deceased said he felt cold. He said he felt cold in his
head after it was shaved, but nothing else. The man who
shaved him is not here. He said they hurt hiva by cutting
his hair.

Did he say be was dying? Yes, he was telling me
that.

Did you see him on deck the day before he died ? Yes,
on the forehatch, near the galley. Ho was lying, and
complaining of cold ; his head was shaved then: It was
shaved tea days before he died. Saw him after death, and
he was swered all over, legs, and every part.
What colour was his holy ? Black and blue. Ile was
lean, and lost a great deal of flesh. lie had the same food
as others, but he caald not eat anything. He was ill for a
month, and a month he c)uld not eat but very little. He
complained for that month of a pain in his month. I had
the scurvy. D.:ceased had no appearance of the scurvy,
nor his mouth either.

Mr. Mansf,:ld: Why not ? Ilthey touched his mouth
the teeth would come out.

Did the soreness of the mouth arise from injury or
disease ? From the injuries he rec2ivel.
My gums were all black, but Roderigo's were not. The
blood came from Riderigo's throat ; his gums were
yellowish.
Cross-examined by Mr. Snowball : I was six weeks
sick, and was ill till we got to C)rk. Was confined to
the bunk for the six weeks, but was there the night the
mate assaulted the deceased. It was before I was ill that
happened. My 'bunk was at the right side of the fore-
castle. Saw the data used carried up to be buried; he had
his shirt and trousers on.

Cross-examined by Mr. Block : I don't remember the
time the captain assaulted the deceased first ; I was not
sick then ; was in the bunk the second time I saw him
beat deceased. I can see the cabin from the bunk, while
laying there. The deceased Old me what they had done
to him, but no one else told me. I know it all of my own
knowledge. Know Henry Renshaw (one of the men).
Saw the captain and Roderigo on deck again after that,
and the watch was on deck; it was the watch of the
second mate. The captain beat him then.

What was it about.? For breaking a lamp. I bad the
scurvy, and my legs were swollen, and are so now. I
did not throw up blood, but if I touched my teeth blood
would come. Some came out of my nose ; my legs were
painful to toucb, and I feel it now. I felt worse as we
came near land, and persons suffering from it suffer more
as they near land. Roderigo had nothing on the feet, it
was all on the legs. I had spots on my legs, but those
spots on Roderigo were from blows. Roderigo was not
sick the second day he came on board the Elizabeth. There
is white and blaek scurvy, and I had the black scurvy.
How do you know it was not the scurvy Roderigo had ?
Because his legs were too firm for that. Deceased was
kicked on both legs, and the marks were the marks of
bruises—black and blue. The marks of scurvy are block,
but no pimples.
James Salumers examined : I was an able seaman, and
went out and returned in the Elizabeth. The prisoners
joined her at Calabar. The witness went on to say who
joined the ship. Roderigo was strong and hearty, and ate
his meals well. Saw the mate beat him soon after he
joined, when we were putting palm oil from casks. Saw
him beaten about a month after we sailed. Saw the captain
on the poop and heard the blows at the wheel, and soon
after the deceased came from the wheel and complained
of his head and side. I heard the captain say he would
break his head. Saw him ill-treated by the captain six or
seven weeks after that. Eight weeks after we sailed, I saw
the captain beat him with a rope and the main brace. He
struck him with his fl3t, before that. It was between six
and eight o'clock. The witness went on to corroborate
the evidence given by the previous witnesses regarding the
binnacle lamp. I saw the captain strike him, knock him
down, and kick him. He cried out, but Idi I not under-
stand what he said. He tried to get from the captain.
Heard blows and sounds as if a man was striking another.
Roderigo came forward and complained of his head and
side as he passed bye. Heard the mate swearing at
deceased one night in an angry tone, and saw Roderigo
come up after that on his feet and hands. He seemed to
walk very lame, and he groaned-very much. Heard blows
as if one man striking another. Saw Roderigo in his berth
after, and he complained of his legs and back. He had not
the scurvy that I know of, The captain came and told him