The National Register.
London, England, 1814-09-04 00:00:00

EXCESSIVE PUNISHMENT.

EOVRT MARTIAL ON LIEVTI NANT LEATTR) LATE COMMANDER Or

H. M. S. MARTIAL.

The trial commenced on the of Atimust, on board the Sulu:dor
in Ilan,:nize, and occupied the attention of the Court for six days. Cap-
tain Lord Colville, President.. The charges w(l,.e—
-" Ist, Thai Lout. Charles Tovey Leaver, Clainrander of the sloop
Itfortis's/, did, on board, on various days between the 10th ' I July,
lint?, and the 1 tll of Marco, 1813. cause to be inflicted opr,n John
Ansa, a boy heloLging to the said sloop, frequent and cxcessive pun-
ishment, insomuch us to cause his death, in breach of the 28th article

Of a ar. •
" id, That Lieutenant Tovey Leaver did cense said Aosell to be pun-
ished iii a cruel and excessive moonier, by cufbing, a method repug-
nant t• the rules of naval service ; and a'so to be punished while un-
der the sorgeon's care on the sick list.
gi :;;I, Fir having slo roly pies/bias to the death of said Ansel!, and
whilst lit was in sickoiess, crowed cold water to be thrown ovtr him,
and lois head to be wrubbed with seri-Wring brushes ; and, for haying
coned bite in that -tar to be confined in the coal-hole.
Por haring repeatedly neglected to insert in the qua-te ly re-
turns of puni.isoients the name of the said Amen, and others upon •
whom punishment hA been inflicted, in breach of the regulations.
Cr- 1),•u1,m !tin'. mate, Stsphena, quartermaster, 1) ant, sea-
man, rho,. carps On I's-mate, and Cuirncross, servant, deposed as to
the Se•y's frequent punislitnevo, particularly that they saw him several
times flogg't ri by order of prisoner for his dilly appearance; that he was
serubbeal with semi bin„ brush, and confined two days and nights in
the coal-hole, with a bucket tied to him. rie morning of his death,
not being able to walk, he won, heeled up by a rope-round his body
and then scrubbed after which he died. Ansel' was on the sick list
abotst x fornight before his death. Cairucross heard the Surgeon
several times tell prisoner not to punish the bov more, as he would be
the death of him , The morning the boy died, the prisoner sent tor
the Surgeon, si -.1 asked him if the boy was dead ? Ih replied, '' Yes,
Sir, vou are the death of loins at last." The surgeon, had sometimes
ordered the nosy to be washed and cleaned with warm water.
Helder, gurmei's mate, stated that the boy had been flogged twice
with the cat o'nine-taiis a few weeks after he joined the ship, and
short! 7 afterwards began to get sickly. Ile was frequently punished,
and for some time two or three times a week ; was in general flogged
by the lays of the chip. Witness was one of four of the stoutest men
that flogged loins ; the boys kept punHoing hint afterwards. The poi-
soner then soldered a sobbing board to be made for him, with whirls
he was freq-mtly 'squished. Ile aas scrubbed in the head the morning
lie dled, ant Isirboard Side of the fore-hatchway : he fill down on hi,
right side, with his arms folded across, about balfpasr eiaht o'clock.
The Sur eon exam sued him, and he was quite dead. He was commit-
d to the deep with the usual ceremony, about 11 o'clock. When the
hots was ponislied, prisoner was sometimes uresent ; does not iero!lert
whether he was present the boy was flogged by himself and three
other men.
Parker. late clerk of the Martial, proved the hand writing of the
prisoner to the quarterly returns of lounishments. The return did not
contain n true account of the pomislimenta which took place (Intim the
quarter, from 3•11 of Jatinary no :)111 of ori!, 1813. Was desired hy
prisoner to omit the names of vens and Exton, private marines, Mere-
dith, Putt ton, and Conner, latufsmen, and Ansell, boy. Cannot state
the offences fur which the loco were punished, but heard prisoner say
the boy was punished fur dirtiness. Was present at the bays [sottish-
meta. fie was flogged at • the gang-way, and received from tot (7 to
three dozen. The reasam prisoner gave witneas for not inserting moms
was, because they were not mentioned in the log book. The quits tool 3
returns were made by verbal communication from t: e Lieutenant. The
Master was present, the prisoner having sent for him, and desired him
not to insert the naves in the log bank, A rough book was kept by
prisoner's Ordtr, from which quarterly returns were made. The poi-
soner was present at the punishments not inserted. Some titre afts:r
witness joined the brig, the buy was; by prix per's orders, to a