The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-28 00:00:00

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ADMIRALTY SESSIONS.
Sessions commenced at the 0/d Bailey, before
i StowELL. the bortlCldcfJustice ABBOTT*
and a bench of civilians.
. had been read by the Judges' Proctor—
ivered his charge to the Grand Jury. He
, reasons he should not have to trespass on
tfonsielenthle length. In the first place, there was
-- magnitude ; and secrwdly, they were few
In both cases loos of life had followekby,
conduct of the accused, but i: did not appear
, that there was that malice aforethought which
conviction for murder, although the pa-ties were
offence. His Lordship then described the dis-
'er and manslaughter, and after a few general
Jury to form their opinion upon the evidence
tied to their consideration.
en retired, and the Court proceeded to try a
over from last Session.

indicted, with Phamer Ph;pps, for obstructing
• officers in the eaecution of his duty, and
aly imprisoning him.
,ow stated the cane to the Jury. The defendants
obstructing one of his :dainty's officers in the ex_
duty, namely, that of collecting volunteers for his
sal service. There were many statutes passed for this
o Tow, and the legality of the proceedings he was shout to detail
t. 7,1 not be qoestioned. AVM; had taken place was the imperative
dwy of the officers concerned, but he was ready to admit that this
duty ought to be performed with all the moderation possible. His
Majesty's ship the Glasgow was on the flh of May, 1822, lying in
Maerae Reads, having on board half a million of money, with
which they were about to sail for England. This money belonged
to the East India Company. •On the day in question the East
India ship the Thomas Coutts strived in the Roads with her full
complement of men. He would prove that his Majesty's ship was
undermanned. which must be comidered as justifying all that had
taken place. In the course of the day the officer in command On I
board the Glasgow received a letter from the Thomas Coutts stmt.
log, that certain of the crew there mentioned were willing to 1)0Conle
volunteers in his 31ajesty's service. A boat was in conserrence
sent to the Thomas Coutta to fetch those who might be willing to
-.come. Lieutenant illarshall commanded that boat, and on his
arrival at the merchantman he explained his object, and desired to'
have the crew mustered. Captain Chrystie, the defendant, com-
manded the merchantman, and was fetched hora his cabin, when
the Lieutenant's demand was made known to him. Captain
Chrystie remonstrated with Lieutensnt Marshall, and told him if
iset had the right to take the men, as he stated, he might go between
the decks arid speak with them himself, but that he would not ,
have them mustered. Nevertheless, after some persuasion from
lieutenant Marshall, he consented to have the men mustered, but
whilst it was doing he retired to his cabin. Towards the end of
the muster, when several volunteers had joined his Majesty's
officer, Captain Chrystie came out, and said he did not think he
had done right in consenting to the muster—and, indeed, no
muster would have been consented to had not Lieutenant Marshall
threatened to use farce. Upon which the defendant said, that he
would shoot the man that should attempt to use force on board his
vessel.. Some improper language passed on both sides, and a vio-
lent assault was made on Lieutenant Marshall, who was collared,
and prevented going to his boat, in which several of the volunteers
had embarked. Lieutenant Marshall then called out for the boat
with the volunteers in her to push Mr, which was accordingly done,
leaving him in the Thomas Coutts, by a rush that was made by
part of the crew towards the gangway, between the Limner ant and
the part of the vowel to which Its boat was attached. Th's was in
a manner a forcible detention. The Lieutenant asked to be sent
back to his vessel, but the defendant told him, that as he had got
there by himself he might getaway as he came. A boat ultimately
mote front the Glasgow, and he was taken on board. These were
'Shortly the facts of the case, and he trusted when the evidence bad
been heard they would find a verdict according to that evidence.
Captain George 31arshidl examined by the SOLICITOR-
theNtRAL—Witnees was a Commander at the time in question.
He was a Lieutenant. The Glasgow was in Madras Roads in
May, 1822. She was commanded by Captain Bentihek Cavendish
Doyle. Witness was then First Lieutenant. Remembered the
Thomas Coutts coming into the Roads from England. The
Glasgow was thirty-six hands short of her peace complement, and
had fifty lass of rupees on board belonging to the East India Com-
pany. The Thomas Coutta, he believes, was then from England.
It is usual for King's ships to send boats on board vessels. Sent
one on board on this occasion, commanded by Lieutenant Ward
Witness received a note from the Glasgow when the boat came
back. This letter in the one.
Mr. Betot:OHAX here objected to the note being read till it was
proved that it was written from the defendant's yowl.
The So c rroe-GEN ERA'. said he would call the cockswain,
who could establish that fact.
J. Serjeantson, the cockswain, was then sworn—Witness was on
board the Thomas Coutta in May, 1822. He authorised J. Norris
to sign his name. J. Norris is a seaman on board the Thomas
Coutes. Witness directed him to sign his name to a paper, because
he could not write himself, and wished to leave the ship.
J. Thomas authorised J. Norris to sign his name also. lie gave
directions to have the paper sent on board the Glasgow. There
were others of the crew who wished to leave the ship. Knows of no
others besides Thomas and Norris wishing to go. The paper was
given to Mr. Haling, a midshipman on board the Glasgow.
• The Lord Chief Justice ABBOTT gave it as his opinion that the
note in Court could not be received upon this evidence.
Captain Marshall's examination. continued—The Glasgow was
about a quarter of a rode from the Thomas Coutta. There were
eleven men in the boat that went to the Thomas Comm. The
Officers were in their uniforms. The boat was received in the
• nasal way—ropes were thrown over, &c. He and Mr. Haling
went on board the Thomas Coutta, and found the crew striking the
royal mast. That is the general course when a ship comes to
anchor. Witness said to the officer of the Thomas Coutts. that he
should wait till the duty the men were about should be performed.
lie then told the officer, he believed a mate, that he had received a
letter from the Thomas Coutta, signed by several of the men, de.
wring to serve as volunteers on board the Glasgow. Captain
Chrystie was called, and witness desired him to muster the men,
that he might see how many could be spared. He had the letter in
Ida hand, and informed Captain Chrystie of the contents, but did
not read it to him. Captain Chrystie said he would not suffer the
men to be muttered, but that he might go between decks and do
his business. Witness then then told him that ha was authorised
to take the men he might want, leaving, however, sufficient to
navigate the vessel. Captain Chrystie made several objections, and
questioned his authority. Witness informed him that he had his
instructions from the Admiralty to receive volunteers from
merchantmen. It was not consistent to go between decks an
desired. Finally, after some more objections Capt. Chrystie ordered
the men to bo mustered, and they were accotdingly. The numbers
amounted to 1130, including the officers. About forty or fifty
offered themselves volunteers; Captain Chrystie had !eared in the
meanwhile to the cabin. 'Witness selected about three or four and
twenty for examination. There was a mate on deck during the
offers of the volunteers. Witness himself selected the number he
wished from those who offered themselves. As they offered them-
selves he inquired their length of service. &c. He informed Cap-
tain Chrystie that he supposed Captain Doyle would keep about ten.
After the muster, about fifteen of the men be had selected went into
the host ; at the same instant the Captain rushed up with about 18
or 19 men from the cabin. The rush was made between the gang-
way and witness, and, as he supposed, to prevent him getting on
board. Witness called out to the boat to push off. Ile had told
the Captain before the muster that he would be answerable for
everything done on board the ship. Don't recollect anything being
said of the right to muster after it had taken place. Witness him.
belftold Captain Chrystie Ulm he could complain to Captain RI.
chsrdson, the Commander ffia the station. The men in time Tho.
Mat Condo called out to the boat with threats to come back; Cap.
taut Chrystie was near enough to hear it. When witness endea-
voured to get back to the gangway he was held by the coat, which
wax in consequence torn. lie heard some voice cry out, "heave
him overboard." This was in the presence of the defendant, and
near enough for him to hear. Witness then asked Capt. Chrystie
tor a boat to put him on board the Glasgow. The defendant at first
complied, but afterwards countermanded his orders, and told him
volt as he had found his way there be might find it back again.
Witness asked him to make a signal to the Glasgow whilst mus-
tering the crew. Before his own boat ultimately came, he asked
that the arms might be put out of the way to prevent mischief. It
was about half an hoot from the time of the muster that his own
boat (tame. When the boats came near to the Thomas Coutta the
Captain and his officers came on deck. Threats were uttered to the
men in the boat In the defendant's haring; witness, in come.,
qtsence desired his men in the boat not to come on board. Wit.
new don not know Phipps, but (pointing to a man in the Court)
that is the man that took an active part in what he had stated. He
was quite near enough to hcvr the threats that were made. Did
not see ?Moos do anything to prevent the men going in the gang.
way.
Croas-e xamined by Mr. Beotruease.—There were fifty lack of
tupees on board belonging to the Company. It was about three
°Week in the afternoon. He himself had arms, and believes Hal-
ing had klso. Did not my, in answer to Captain Chryatle, be
would not show any authority, except the gag he served under.—
/le did sae, that if the Captain would not muster the men, he
would apply formtortnake him do so. Captain Chrystie then or-
deted tiers up. Was quiet, civil, and gentlemanly, during the
conversation about the muster. Fothing overbearing in his con-
di& He had no fear of a rush, when going between decks : never
tafffed of 11.1ing ; had never been on board before. Don't know
that he was clone to Captain Chrystie when his coat was pulled
beckon. 11'; would swear that he was not pressing and pushing
against Captain Chrystie at the time; could not tell, from the
great press of people. He picked out the best men that offered
theenseloes. Does not think a Captain takes 2 or 3 dozen men mere'
theist he wants. Thought the vessel might spare three or four and
twenty men. Thought she might go home with the men be left her.
He took none from any other vessel in the roads. He sent none
of the eighteen that ultimately went with hint. Among the men
that he talk, he did not know there were three quarter-masters.
Don't recollect that he was remonstrated with about taking his
quartermasters. The Glasgow is IMO tons ; he Thomas Coutta
Is neatly t'te same. Three hundred men including the officers
were on hoard the Glasgow. Does cot know that the Quarter-
masters are employed in steering the vessel I they do so in a man-
ot-war ; they are generally old seams. Does not remember that
the Admiralty ordered, during the thickest of the war, that no
quarter-master should be taken. Has never been in the Indian
seas berere. Phipps was acting as an officer. There were also some
raficersof his Majesty's land service on board the Thomas Coutta
there were Colonel Bruce and Captain Black, who commanded a
detachment on board that vessel. Captain Black said to witness
that he would arm his men to fillet his taking the crew. Won't
swear that the officer on board his own boat had not his cutlass
drawn. Did Dot know whether Captain Black was dead. They
dral es. Eft a salute when 'bey watt front the ship. The crew

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%IV ''%fit• a

'esetainly discharged their muskets. which is usual, in order to pre-
vent accidents. There was no cheering at any part of the time.
There was no rent in his cost when he went on board.
1 Re-examined—The were at an equal distance from the Glasgow
and Themes Coors alien they tirval off the muskets. It is quite
I usual. Gal not take any men fermi the other 'Vessels that evening
Thep went on board the Thorr.as Claims first in consequence of the
letter. He mibsequently went to other vessels. He did not threaten
to use force till the defendant refused to call the muster.
Lient. lieory Haling was then examined by Mr. 11. Tartan.Witnean was a midshipman in 11123. Ile remembered a note being
thrown into the boar lie commanded, which upon his return to his
ship he delivered to Lieutenant Marshall. In other respects he con-
firmed the testimony of the last witness.
W. Serjeant eross•exantinest—He was to have been punished for
misconduct, but took the opportunity of leaving the vessel.
James Townshend wan one of the crew in the boat of the Glatt.
NW. He corrobotated the evidence of the preceding wituessee.
As also did Major Hulett. of the marines.
• Captain Hendrick Cavendinh Doyle, Captain of the Glasgow-
-llaer Chryrie on shore at Madras, after he had ordered the volim-
lope to be detained ; he said to him that he was sorry for what had
takes place, it was an unpleasant thing that a King's officer, tar the
execution of his duty, in his uniform, should be detained. The
defendant answered, that he did not know the Lieutenant was a
King's officer, nor did he know his uniform. Witness then told
him that as he was a master of a British merchant ship he must be
made to know i:.
Cross-examined—This was the following day. He did not send
any of the men back. Recollects receiving an application front
Captain Chrystie. stating that the ship could not be r.tvigated.
He sent the statement to the senior officer, Captain Richardson.
Sir I. Coffin proved that the usual way of getting volunteers from
merchant vessels is by sending a bust for them, getting their wages,
clothes, &c.
Sir T. Hardy gave evidence to the same effect.
This was the case for the prosecution.
Mr. BROUOHAm here objected to the whole principle of the as-
serted right of taking the men. As this was a legal point he did
not, unless it was wished, intend to argue it now, but would con-
sent to have it made a special argument at another season, if judged
woven lent.
After 'tome conversation between the Lord Chief Justice and
Lord Stowell, the legal points it was agreed should be reserved.
Mr. 1311OUGHAN then addressed the Jury for Captain Chrystie.
He commented upon the evidence that had been adduced for the 1
prosecution at considerable length, which ha trusted he should be
able to d 'prove by what he hoped they would consider unexcep-
tionable evidence.
Dr. busu I WGTON also addressed the Jury, but on the part of
Mr. Phallic'''. Phipps.
The following entides ce sea then called.
Arthur Vincent examined. He was third mate on board the
Thomas Coutes in May, 1022. When the boat of the Glasgow
came up Captain Christie WAS in his cabin. When he came upon
deck Lieutenant Marshall said he had come on board for volun-
teers, and wished to have the ship's compeny mustered. Captain
Chrystie said he doubted whether he was obliged to do it; but to
prevent any misunderstanding, Lieutenant Ma-shall, when called
upon for his authority, pointed to the flag of the Glasgow, and said
that was his authority, and threatened that if he did not muster the !
men he must use force. The Captain then consented, and returned
to his cabin. Those men who volunteered were put on one side :
after which Captain Chrysti; came up, and said he did not feel himself
boitrd to allow the taking away of the volunteers till he had had a
communication with the Captain of the Glasgow, and seen his
authority. Lieut. Marshall said, upon a demur made to his autho-
rity, the if that was all, he could bring the frigate alongside, and
' get the guns to bear on the Thomas Coutts. After Captain
Chrystie had objected to the men been removed, Lieutenant
Marshall ordered the midshipman to see that the volunteers
followed. Among the vo:unteers were three quarter-masters.
When Captain Cetrystie foand the volunteers going he went to-
wards the gang-way. After he had been there a little time,
Lieutenant Marshall premed forward and reached over and counter
ordered the commands Captain Chrystie was giving to his turn to
come back. Captain Chrystie was in the act of being thrust over
the gang-way. To p-event his being thrust over, Mr. Phipps took
hold of Marshall by the coat, and hauled him off again. He did'
not use more force than necessery to prevent Captain Christie being
thrust over. Captain Chrystie did not follow Mr. Marshall. Cap-
tain Chrvstie had one hand on the hamock-netting, and turned
round arid asked Lieutenant Marshall how he dared take the auth.
ority out of his hands while on-board his own ship ? Haling was at
this time In the boat, which was ordered to push off by Lieutenant
Marshall. Nobody prevented the Lieutenant from going on-board
his boat.
Cross-examined.—Witneu received Lieutenant Marshall with
the usual respect. Witness sent a midshipman to Captain Chrys-
tie to tell hint that a lieutenant from the Glasgow had come for vo-
lunteers. There was no rush of great numbers towards the gang-
way. There were not eight or ten men between Lieutenant Mar.
shall and the gang-way. Lieutenant Marshall was at the head of
the rush, and notbehiud. Witness heard no violent language.

Re-examined—Witness must have heard it if there had been.
Mr. Champ, another of the mates, was then called. He bore
testimony to the mild conduct of Captain Chrystie, and in other
respects corroborated the testimony of the last witness.
He was then moss-examined by Mr. Twiss, but no material
fact elicited.
Mr. Good was sixth mate on board the Thomas Cantu'. Ile
heard Mr. Marshall, on Mr. Phipps asking hint what he wanted,
I" What fellow are you ?"
t was now six o'clock. This witness speaking rather low, the
Lord Chief Justice called to hint with some warmth to speak
louder, threatening if he did not, to find means to compel him ; for
that it was a very great contempt. and had already occasioned
much frouhle. Thin intimation had the desired effect.
Colonel Brtme, of the 69th Regiment, examined—ln, May 1322,
he was a passenger on board the Thomas Coitus. lie confirmed
the account of the transaction given by the preceding witnesses.
Captain Chrystie's conduct appeared to him mild, gentlemanly, and
considerate.
Captain C. E. Mangles has been four times to China. Thought
a vessel of 1,400 tone ought to have 136 or 136 men to navigate her.
There ought to be four quarter .masters to such a crew in the Com-
pany's service. The owners of the ship are obliged to ',ay W-
ears ; they may be obliged to bring them to England, and also to
send them back.

Sir C. Roaittsox then replied.
The Lou> CHIEF JUSTICE summed up the evidence. lie
would not address them upon the law part of the case, as it was to
be reserved for a more mature consideration. Thcrertire, at pre-
sent, they must assume that the right which had been exercised
really did exist.
The Jury, after some consultation, found Captain Chrystie
Guilty of obstructing an officer on duty, but not of the assault and
imprisonment. Phipps—Not Guilty.
The Conrt then broke up at half-put eight, this cause having
occupied ten hours and a half.

Yesterday these Semi
the Hight lion. Lord Sr
itlr. Justice Clasgmtt,
After the Commission
LOW Sr OWILL dcliv
eli.erved, that for two re
vitt: time at any canaille
not say offence 6f great
to number—only two.
it was alleged, the conch
h 7 the depositions that tt
• Id sustain a coiwicti
indicted for that offence
unction between murder
ten-wile left it to the Ju:
▪ hick would be submitte
The Grand 'Jury then
most which had stood or
A. CAI/Wit' was indict
one of his Majesty's off
amulting and Illegally
Sir C. Rovissow star
were accused of obtitructi
ect.:i-in of his duty, na
31k-eq.'s naval serriree
and th•