The Sun.
London, England, 1864-12-06 00:00:00

LAW INTELLIGE

I,—Dec. 5,

COURT OF QUEEN'S BENCH.

(Before Lord Chief Justice Cockburn and a Special
Jury.)

THE QUEEN V. RUMBLE.—THE RAPPAHANNOCK.
This was the wellsknown case against Mr.
Rumble for enlisting sailors for the Confederate war
steamer Rappahannock.
The Solicitor-General, Mr. Lush, Q.C., Mr.
Hannen, and Mr. Vernon Harcourt were for the
Queen ; Mr. Bovill, Q.C., Mr. Kerslake, Q.C., Mr.
Sergeant Ballantine, Mr. Macnamara, and Mr.
Giffard for Mr. Rumble.
The Rappahannock was originally one of hit.
Majesty's gunboats, the Victor. She was bought
from the Admiralty in 1863, and was repaired in
the dockyard at Woolwich. She was afterwards
taken out of the dockyard and moored at a Govern.
men t buoy, and her masts put in there, and she
was prepared for sea. She afterwards went over to
Calais, and hoisted the Confederate flag outside the
harbour. It was for enlisting ssamen for this ship
that the information was laid against the defen-
dant. The case against him, however, depending
on detached pieces of evidence, can be best learnt
from the evidence.
The information consisted of 166 counts, of which
the first 110 were 11 sets of counts charging the
enlistment, or attempt at enlistment, of eleven men
in the Confederate service. Then follow 15 counts
for counselling and procuring them to enlist. And
then follow 30 counts charging, as in the case of
the Alexandra, equipping, furnishing, or fitting
oat, or attempting to equip, furnish, or fit out, a
vessel of war for the Confederate service.
The Solicitors General opened the case at con.
siderable length. The evidence for the prosecution
was then gone into.
Capt. Wise, examined by Mr. Lusk—l am super-
intendent of the dockyard. I know the defene
dant, Mr. Rumble ; he is the inspector of mach!.
nary afloat. He has held that appointment over
two years. I knew her Majesty's gunboat the
Victor. She had been in commission. During
1863 she was sold out of the service. Before
being sold her gun fittings were taken
out. She was sold as a vessel without her
masts, spars, or rigging ; nothing in her but her
machinery and boilers. I had orders that she
was to be sold so. On the 11th of November she
was delivered to the purchaser. She was in the
Medway. She was docked. In dock her bottom
was examined, her valves put in order, and her
screw lifted and put into its place again. This was
to see that she was in order. She sailed on the
night of the 24th November. Captain Rumble had
nothing to do with her until she was delivered up.
Cross-examined by Mr Bovill—Mr Reece, the
master rigger, had nothing to do with her. She
was decked with the consent of the Admiralty.
Messrs Colman, the purchasers, applied to have her
docked, to the Lords of the Admiralty.
The Lord Chief Justice—Had the sale been
completed when she was docked ?—Witness—l
don't think it had been.
(The witness here read the requisition of the
Messrs Colman to the Admiralty to let the vessel
be docked in the Government dockyard.)
The Lord Chief Justice—That shows then that
the purchase had been completed.
(Witness then read an order of the officer of the
dockyard that the vessel could be docked, dated the
17th September.)
Crosssexamination continued—She was at that
time lying in the Medway. (Witness then read an
order of the Admiralty to admit the Victor into the
dockyard.) She was put into dock on the Bth by
the Government officials. Nothing was done with
her on the Medway. lt is a dry dock. While she
was in dock soma of the turning machinery got
broken, and we put it right. She was taken out of
dock on the 13th October by the Government ans
thocities into the basin. She remained in the basin
to the 2d November. No masts were sent her there
—the masts were put in the stream. Nothing was
done to her until she was given up on the 10th or
11th November. The masts were put into her by
Captain Hall, R.N., and her Majesty's ship Cum•
berland was used for th 9 purpose. The rigging
was not put in by the authorities. She was then
half a mile from the dockyard in the stream. Mr
Reece was not on board to my knowledge.
We did her just as well as if she were our own
veeF.ei. She was made fast to a Government
buoy. A Government vessel took her to
her moorings. I don't think she was at Go-
vernment moorings until she sailed. It was per-
fectly well known that she was fitting. There was
no secresy. She was supposed to be going to China.
Every one would be glad to give assistance in such
a case. After she was delivered up I knew nothing
more about her. Her tonnage is about 800. I have
never dismissed any one for being a Federal spy.
There are spies on both sides. A man in the yard
named Warner applied for his discharge.
Mr George Evans, examined by Mr Lush—l am
registrar of shipping for London. I produce register
of ship under name of Scylla, dated Nov. 6, 1863.
Owner is registered Robt. Gordon Colman. Gross
tonnage, 529 tons. Built in 1857. Barque rigged.
Eestimated horse-power, 320.

Thomas Firth examined by Mr Hannen—l am a
breaker of ships. In the autumn of last year I was
engaged to work on board the Scylla. I was en-
gaged by Mr Ferguson. He said he was the chief
engineer. I cid Mr Carr alone. There were Cole
and I. We wore to meet Mr Carr at the Arsenal,
and then go to Sheerness. Mr Carr told me to see
Mr Rumble at Sheerness. Carr went with us to
the dockyard. We got there at eleven. At half-

past one Mr Rumble came into the dockyard. Mr
Carr spice to him. We went to waterside, and Mr
Rumble called out and told me to go out of the
dockyard and on to the wharf to meet a boat and go
on board the Scylla. I did so, and went on board,
Mr Rumble was on board, lie spoke to Mr Carr.
I was then put to work. Mr Carr was second en.
gineer. He told me to look after stores. I was at
work until she sailed, and afterwards. Mr Rumble
paid me my first week's wages. He paid me on
board ship. He said he would allow me a guinea
a week while we stopped and our provisions. 1
asked him where the ship was going, and he said ho
didn't know, but if I lived to come home again with
the ship I shouldn't have to work any longer. Then
he said he would like to go me halves. Mr Rumble
was there all the time. I was at work three weeks
and one or two days. Mr Rumble was on board
sometimes twice a day, sometimes more, until he
was taken ill. He told mo if we wanted any.
thing we were to let him know. We told him
of several things. They were for the use
of the ship—shovels and rakes, stools, and a
illsk of oil. When we asked him for things he put
them down in his pocketbook ; they were afterwards
sent on board. I went away on a Tuesday night,
between 9 and 10. I didn't see Mr -Rumble on board
that night. I saw him thflt afternoon, just as we
were going to dinner. I was called into the cabin. ,
Mr Rumble was there. Mr Rumble asked me if I

was going:to sign the chip's article. I said yes. lie
offered me £6 a month. I asked £B. Mr Rumble
said he was one of the owners. Mr Pearson—He
can't afford to give more than £6. Afterwards be
said he would give me £B. I think that was Mr
Pearson. Mr Rumble asked me how I'd like to have
it Paid- I said I wanted to handle my own money.
He asked we if I couldn't trust him to send it home
to my Wife. I said no. I wanted to buy a shirt. I
had nothing but what I stood upright in. Nothing
passed afterwards. I wouldn.t sign. Then he told
me to go out and send my master in. I did so.
During the night I was in the engine room. Tke
same afternoon I agreed for a fortnight. We went
to Calais. I did not know where she was going nor
when she i 948 going to start. On the Saturday we
were told she was going on Wednesday, and she
went on Thursday night. We sighted about 4 in
the afternoon of Wednesday. Mr ItAmsay corn.
manded. We dodged about off Calais all night, and
sent up rockets. We went in next day. A flag was
hoisted outside—a white flag, with red stripe down
the middle and 13 stars each way Gn a cross in the
corner. I was told it was a Confederate flag. I ro-

maincd on board at Caws three or four days. I did
aot like to go in her when I saw the flag. Another
captain cline on board inside. 118 was dressed in
plain clothes. 11e called us aft, and asked us if we

would go with him. Some said yes end some no.

Tie said she was a Confederate man of war, and he

would like us to go in her. I didn't see Mr Rumble
on board at Calais. The captain addressed us the
day after we arrived. Afterwards he came on board
in uniform—a grey suit. When We went from
Woolwich to Sheerness Mr Rumble paid us a
sovereign.
Cross-examined by Mr Bovill—Mr Ferguson engaged
me at Woolwich. He was chief enginer, I knew Mr
Ferguson ; I had been with him before. I had no conver-
sation with Mr Rumble about going on board, When I
got on board nobody was on board but the cook and Mr.
Ramsay. Nothing was being done. Carr told us what to
do. We were to work at the engine and boilers, The
boiler makers also worked at them. The tubes were in a
very bad state. lam breaking up ships now. I have re-
ceived nothing besides my wages except 12s 6d a week. I
get that from Rochester, from Essell, Knight, and Arnold
—that is to keep me from going to sea. I have received it
five or six weeks. Cole, Brooks, and Giuno have also re •
ceived it. I have talked it over with Cole and Brooks—
they are at work with me. I know O'Kelly; I see him
about once a-woek ; we have a glass of beer. 'When we
are dry we have a glass at a public-house. I once went to
London to meet O'Kelly; that is, I went to London and
ran against him accidentally. We had some beer. I first
made a statement about this time last year ; it was in a
public-house. There were Mr O'Kelly and two or three
more there. I had seen him before; he came to the factory
gate at Woolwich. He and Brooks, Giuno, Bailey, and
Herbert. That was the morning after we came back. We
didn't have as much beer as we liked.
Lord Chief Justice—How much did you like? I think
there were three pots of half-and-half. Next time I saw
O'Kelly was at 'Woolwich. He promised to find us all ships.
He has never given me any money to stay. 1 don't know
who he is or where he lives. I saw him last week. I saw
him this morning. We didn't have any beer this morning
I should rather like to have eome. He gave me 12s 6d a
week or two back, I was examined before the magistrates,
I don't know whether I told them that Rumble said, "If
I got back 1 needn't work any more, and he would like to
go me halves." it was Mr Ferguson first told me to go
into the cabin and sign the articles. Mr [tumble gave
a guinea the first Saturday. I didn't know where the
ship was going. Nobody told me. I had no idea of the
Confederate service until we got to Calais. The idea on
board of the ship was that she was going into
the opium trade. Mr Ramsay engaged me as storekeeper
for fourteen days, for a trial trip to Brest. The
tubes had to be repaired in Calais; they were not fit to go
to sea. The riggers were on board when we crossed. The
Sheerness tradesmen were sending stores on board when
we left. I would not hare enlisted in the Confederate ser-
vice. Captain Ramsay made the flag while we were off
Calais, and hoisted it next morning.
A Juryman—What would have been the ordinary wages
for a trading voyage? Witness—l 4 or 108 to £5.
Re-examined—Mr Rumble paid me a guinea twice. When
Ferguson asked me to go in and sign articles Mr Rumble
was the first that spoke about them.
The Lord Chief Justice—You get 12s 6d from these
attorneys. -What is your wages ? Witness-18s a week.
James Hurford (examined by Mr V. Harcourt)-1 am a
ship breaker. Last autumn I was employed on the ship
Scylla. I was sent there by Mr Ferguson. I went to
Sheerness. I saw Mr Rumble. He paid us our expenses
of getting there. Then I went on board. Some days after
I went on board I saw him again. All of us went and asked
Mr Rumble what wages we were to have. He said he could
give us a guinea a week. We agreed to those terms. I
remember the ship sailing. The day before that I saw Mr
Rumble en board. I was on board when the vessel went
to Calais. I stayed on board her there seven or eight days.
I was cleaning up when we were talking about wages. Mr
Rumble said the captain was not in England, hut would be
there in three or four days' time. I was to be leading
stoker. Capt. Campbell was the captain when we were at
Calais. He asked me to sign the ship's articles, I would
not. I asked Capt. Campbell what the ship was. I would
not join unless we had leave, like a man of war, to go on
shore every other night. He wouldn't agree to that.
Cross-examined by Mr Karslake—l was at Woolwich
when I was engaged. I didn't know Carr. I didn't know I
was to be loading stoker. Firth, Carr, Cousins, and I went
down. When I got on board I had a job at the engines.
I can't say how long after I got on board the name of
Scylla was painted on. We told Rumble on the same day
we camp down that it was not usual for men to pay
their own expenses down to the ship, and he paid us
those expenses. I gave Firth some of the money. 'We
divided it. Don't know whether Firth was present. I was
coaling ship the day she left, Can't say what time of day I
saw Rumble. I believe it was in the morning. The super.
intendent of police was there. I did not see him, I did not
see the superintendent and Rumble searching the ship to
see if there were any stores on board. I said nothing about
the owner being away, only about the captain, when I was
examined before the magistrate. I have seen O'Kelly 30
or 40 times perhepe. I have had beer with him at Wool-
wich. He don't treat me. We drink boor together. I
stand a pot to his pot. I have seen Firth with him. They
generally come to the factory gates. O'Kelly just asks
after my health, Since I was examined I have seen him
perhaps once a week. He sees I don't go away. I am
obliged to stay here. Mr O'Kelly said I musn't go away.
I didn't see Firth receive 12s 6d.
Re-examined—Ramsay and Rumble were on board when
I went on board. I applied for the guinea. Mr Ramsay
said that he had nothing to do with it. We were to go to
Rumble when he came on board. Mr Pearson went with
the ship to Calais,
Charles Coles, examined by the Solicitor General—l am
sometimes stoker, sometimes engineer. I applied to be em-
ployed on board the Scylla. I went on board the Scylla. I
first saw Mr Rumble in the factory. I didn't speak to him.
Mr Rumble gave the passage money to Hurford. Mr Rum-
ble was frequently on board. The first week I got a guinea
from him for wages. That was on board the ship. lie said
we were a good lot of men, and he didn't wish to lose the
run of us. We didn't know until then what we were to
got. Then Mr Rumble told us we were to get one guinea
and our food. We were to have anything we wanted, but
no grog. I heard some of the men ask where the ship was
going to. Mr Rumble said when they came home he
shoould like to go us halves. Mr Rumble came on
board very often, He looked after us to see that every-
thing was going on right. He once gave directions about
a tube in the boiler, He was there sometimes an hour, some-
times half an hour. Mr Rumble said that if we left our
money in his hands he would send it home to our wives. I
went down to sign articles. Mr Ramsay, Mr Rumble, and
another person were there. Mr Ferguson was also there.
Mr Rumble asked if we were going to join the ship. I de-
clined. He then asked if we would go with the ship on a
trial trip-not to exceed fourteen days. I said that I would,
with a written condition. lie said if I liked to go I could
go. Mr Ramsay drew up the condition. Up to the day we
started from Sheerness Mr Ramsay commanded. When
wo got off Calais I saw a Confederate flag flying. Another
captain came on board the day after we came in. He sent
for us aft. lie told us he was our captain, and told us we
must consider ourselves Confederate men-of-war's-men, and
asked if we would sign articles. I would not. Mr Rumble,
when we were at Sheerness, had previously offered us £6 a
month if we would join the ship. We would not under £8
a month, He said the company could not afford it.
A Juryman—Was there any mention of any voyage the
ship was going ? Witness—Nothing, except what I have
said. I didn't see Mr Ramsay at Calais.
A Juryman—What made you ask £8 a month ? Wit-
ness—Because I had received it before in another voyage.
Mr Rumble never paid me anything except the passage
money to Sheerness and the guinea.
Cross-examined by Mr Bovill—The last two or three weeks
I have had no work, 1 came back from China two months
ago. For three weeks I have received 12s 6d a week. I don't
know who he is that gives it to me. lie is a respectable per.
son. It was not a Mr O'Kelly. I didn't know Ferguson till
the Sunday evening before going to Sheerness, I went down
with Carr, Firth,and Hurford; we all went on board together,
I did not speak to Rumble. It is not usual to have the ex-
penses from Woolwich to Sheerness. Mr Rumble said in the
cabin that he was authorised by the company to pay us a
guinea a week. I didn't hear him say he was acting for the owner. I had leo notion she was a Confederate ship until
we got off Calais. I had no idea except going on a trial trip.
I don't know on what day that arrangement was made.
Nothing was said to my knowledge about ship's articles
.
before it was mentioned by Captain Campbell in Calais. I
didn't know Mr Pearson. I was given to understand he
was on board, The boilers were not fit for going a trial
trip.

Re-examined by the Solicitor-Goneral—l never heard
what passed between Carr and Rumble. The Government
tug took us out of Sheerness harbour the night we left. I
saw the tug there two or three miles out.
By a Juror—What wages did you get for going to China?
—I signed for SI 10s, and after a month out I had £5 10s.
Charles Newman---I am a stoker. I first made application
to Mr Greathead to be taken on board the Scylla. He re-
ferred me to Mr Rumble. He told me to go on board and
sea the mate. I saw Mr Ramsay, the mate. He told me to
call the following day, and I called. I asked him where the
ship was bound ; ho said he couldn't tell me. He couldn't
give me any satisfactory answer about wages. He said,
"Trust to me, and you shall have the first opening as a
petty officer." I was to go on board the following morning.
That was Wednesday. I learned that she was gone when I
went to go on board. I saw Mr Rumble. I said I had missed
my passage in the Scylla. He said, " I suppose you are
aware she has arrived in Calais." I said I was. Mr Great-
head was there, He talked about eng ,ging me. I said I had
been in the American service with C iptain MafTfr, on board
the Florida, Mr Rumble said he thought perhaps I should
be a very useful man. I told him I left the service on my
mother's account. He said he was going to London to see
the Confederate agent; that he would drop me a note. I
did not call for the note; I was too busy. Afterwards I was
afraid of getting into trouble. I had previously spoken to
Mr Rumble about my being on the other Goveinment ship,
and he asked me if I could got my discharge, I said
thought I could.
CI
ohCnarfvoedsesei3reeaxetenTnined by Mr Bcvill--I am now at Sheerness
tahnedr e
thoughtfive I
years.
couldlbetter
did n ot knowmyse
myself
Iwas a
wa
Mr Greathead first ; afterwards I saw Mr Rumb.lo alone.
I told him I should like to join the ship at Calais, after I
knew she was a Confederate, I didn't care which Ijoined,

Federal or Confederate : I didn't care. 1 have a wife and
children. That is the only reason that keeps me at home.
I receive nothing to keep me here. When this conversation
about him going over to Calais was going on Mr Greathead
and Mr Rumble's son were present. I believe Mr Greathead
is at Malta. Mr Rumble's son, I believe, is away. I don't
know. I was not examined before the magistrates.
The Lord Chief Justice—l suppose we must go on with
the case for the Crown. If you want to make an applica-
tion to postpone having this evidence:suddenly sprung upon
you, you must do so tc. morrow morning.
The observation arose from the opposite side having had
no notice of this evidence, and had no opportunity of ob-
taining the evidence of the witnesses who were present at
this interview.

Re-examined—My tug did not take out the Soylla while
I was on board. I was not on board that night,
His Lordship said—As to the postponement, I think it is
only reasonable that it should be so, as this evidence must
take the defendant by surprise; and I think that as it must
be, it had better be done at once, and that the evidence for
the Crown had better not be gone farther into.
The case was then postponed until the sittings after next
term, which will be in February next.

The Charge of Scuttling a Ship.

Joseph John Mitcheson White, of 5, Ogle-terrace, South
Shields, and Robert Sutton, of 5, Robinson-terrace, Sunder-
land, were yesterday again placed at the bar of the Man-
sion-house, in the custody of Detective Sergeant Moss, to
undergo a further examination before the Lord Mayor on
the charge that they, being respectively the captain and
chief mate, did on the 4th day of October last, out of the
body of any county of this realm, and within the jurisdic-
tion of the Admiralty of England, unlawfully, maliciously,
and feloniously destroy a British ship called the Snows
drop, then being on the high seas, with intent thereby to
defraud divers persons who had underwritten certain pone
cies of insurance upon the said ship, contrary to the statute
24 and 25 Vic , cap. 97 Bee, 43,
Mr Lewis, jun., again appeared to prosecute en behalf of
Lloyd's Salvage Association ; Mr Sleigh, instructed by Mr
Mullens, of the Poultry, appeared for White; and Mr Beard
appeared for Sutton.
The prisoner White was captain, and the prisoner Sutton
chief mate of a vessel called the Snowdrop, of Newcastle,
which sailed from London in September, bound for Cron-
stadt in ballast. The vessel it appeared was insured for a
total loss in a sum of £2,000, and in that case, in the event
of any accident happening to the vessel, the owners would
be liable for the amount of damage, and the underwriters
would be under no responsibility unless the vessel became
entirely destroyed. The Snowdrop proceeded on her voyage
until the 4th October, and on that day, at about four
o'clock, she struck on some reefs off the coast of Russia.
Mr Lewis, on the part of the prosecution, admitted the
striking of the vessel might have been accidental; but the
case which it was endeavoured to prove was that the cap-
tain, whose brother was a part owner of the vessel, know-
ing that the owners would be responsible for any amount of
damage sustained by the vessel if she were not entirely lost,
t)gether with the mate, directed the ship's carpenter to bore
holes in the ship's bottom, in consequence of the vessel not
having made any water for some hours after she struck, and
that in consequence of the holes being bored as they directed
the vessel filled and was destroyed.
The evidence adduced on the last occasion was that of
Craig, ship's carpenter on board the Snowdrop, who, it will
be remembered, stated that when the vessel struck she made
no water for some hours, and he, by the captain's orders,
bored some holes in her sides, the mate Sutton being present
part of the time.
Yesterday, Wm. Clay said he was cook and steward on
board the Snowdrop, which sailed from London in Septem-
ber last. The prisoner White was master, and Sutton the
mate. The vessel was bound from London to Cronstadt, in
ballast. She proceeded on her voyage, nothing particular
occurring until Oct. 4. On the morning of that day he was
in bed, and was awoke by the vessel striking on some rocks.
It was 4 o'clock. He ran up on deck. Round the fore part
of the vessel he saw reefs, and on the right he saw a small
island. He went down stairs again and saw the captain,
who did not know he had been on deck, and said to him that
the ship was on reefs, and told him to get his things togee
ther, as he hadfXlso worth in the state cabin. Witness had
the sails clewed up, and heard the carpenter, Craig, report
to the captain several times after the vessel struck that she
was making no water, Witness himself went down in the
hold about an hour and a half after she struck, and found
no water. The vessel struck twice or three times after she
went on the reefs,and bumped several times during the day.
About 6 o'clock in the morning he saw the captain in the
cabin with the carpenter. He was sent on deck to give the
men some rum, and was absent about 10 minutes, and when
he returned the carpenter was still in the cabin with the cap•
tain. At that time the ship was making no water. 'Wit-
ness was one of the men who went in the jollyboat with one
man, two boys, and the mate Sutton. They went out for
the purpose of taking out the anchor. They ought to have
gone round the after part of the vessel to tow the long boat,
which held the anchor, out to sea. They only went a little
way, however, as they were not able to pull, and the wit-
ness made the remark that ho was only a cook and steward
and not a seaman, and the carpenter ought to have been sent
into the boat instead of him. The anchor was not let into
the water, and the longboat did not leave the ship's side,
When witness se eat on board again he heard the water corn-
ing in at the after part of the ship as he passed the hatches,
and he told the captain so—he said "Never mind," and told
him to go on with his work. 'Witness went down into the
cabin, and proceeded with packing up, and while so en-
gaged he heard hammering and a rush of water in the hold.
He did not hear the water until after the knocking. He
went on deck, and went halfway down the main hatchway
ladder, and there sew the captain and the carpenter standing
near the pumps talking. He heard the captain say " I'll
make you all right," or some words like that. Witness
said to the captain " Captain, hero's your belt," handing
him his belt, and the captain seemed confused and said he
did not want it, and told him to keep it. Witness had not
up to thin time seen the pumps used. Witness went into
the fore-hold to get a cask of pork to take ashore, and he
saw the water whirling up, When witness went ashore the
captain's things were ashore, and he had not up to that time
seen any pumping, It was about six hours after the vessel
struck that he first noticed the water coming in. When
witness arrived in England he made a statement of what he
knew.
By Mr Sleigh—Witness had been in England about
three weeks. He had not been living with the carpenter
since he had been in England.
Francis Brewer said he was boatswain and second mate
in the Snowdrop. He joined her in September last. He
took charge of the captain's watch when he was below, and
took his instructions from him. During the voyage the
weather was moderate. The pumps were only used three
times during the voyage, and on two out of the three occa-
sions it was in consequence of the ship being washed out.
Witness relieved Sutton in his watch at midnight on the
3rd of October, and took charge of the captain's watch,
which was from twelve to four, The night was fine. He
received instructions from Sutton to steer east half north.
He saw a light on the starboard beam, and Sutton told
him to call the captain when the light bore south-west.
Tho light at that time was about five miles distant, Three
hours after the light was about 10 miles off, and bore S.W.,
and he went and called the captain, and told him it was 3
o'clock, and that the light bore S.W., and asked him if there
was anything in the road, and the captain said "No." He
was asked by the captain what course he was steering, and
he told him east half north. Witness was never in the Baltic
until that time, and had often told the defendants so. At 5
minutes past 4 ho wont to Sutton, and told him the captain
had not turned out, and the vessel was going six knots
through the water. Sutton asked if had seen the land, and
he told him he had seen it all the watch to leeward, and
Sutton told him to haul the ship up a point and a half. He
was going up stairs to do so when the ship struck with her
head east north-east. As soon as the vessel struck the cap-
tain came up and asked witness what he had done, He told
him nothing, and that he had called him at 3 o'clock, but he
did not turn out, and the captain said he perfectly under.
stood what ho had asked him—whether there was anything
in the road. All hands were called up, and the sails clewed
up. The pumps were sounded, and he heard the carpenter
report several times that there was no water in the ship.
The tackle for lowering the boats had been made ready four
or five days previous by order of Sutton. The anchor was
slung over the stern of the longboat. The jollyboat tried to
tow the longboat away to sea, but could not. There was
only one man in the jollyboat who could pull. The warp of
the anchor was fastened amidships. It might have been fas-
tened at the stem, Before the boat went out he saw the car-
penter with a hammer, chisel, and an auger, which he threw
down the hold on the ballast. The carpenter then went
down the hold himself, and was shortly afterwards followed
by the mate, That was about half-past six, and up to that
time the vessel had made no water. He was quite sure that
amongst the tools he saw the carpenter with there was a screw
auger. The vessel was upright on the rocks, and moved,
but nothing to speak of. The weather was fine, but there was
a little sea running. When the boat returned ho was,
with other men, getting a large hawser out of the forecastle.
After that ho heard the carpenter report that there was 20
inches of water in the hold. That was about half an hour
after he had seen the carpenter throw down the tools. No
order was given to set the pumps to week. Witness was
afterwards called down in the cabin, and he there saw the
captain, mate, carpenter, and steward. He was asked to take
a glass of grog, and the captain told him to get a boat's
crew and take his things ashore. Stonescar Island was
about a quarter of a mile from the ship,
The Lord Mayor—Did you apprehend danger when you
went to the mate at 4 o'clock ?
Witness—The mate told me there was a reef to pass,
Mr Sleigh—That you might be cautious ?
Witness hesitated.
The Lord Mayor—The direction you were tuld to steer
took you direct on to the reef ?
Witness—Yes.
Mr Lewis—Did the boat's crew take the captain's thine's?
W tness— Yes.
Mr Lewis—The same boat's crew could have taken the
anchor out if they had been sent ?

Witness said they could. They left the ship about half-
past 4, and up to that time the pumps had not been used.
He visited the ship next morning with the mate and the
carpenter, and the water In the vessel was level with that