The Sun.
London, England, 1864-01-13 00:00:00

Charge of Murder and Piracy on the High

Sea,

BOW-STREET—(Tms DAY).

This morning the ten seamen, charged with the above
serious offence, were again placed at the bar before Mr.
Henry.
The names of the prisoners are John Lyons, a Malay,
Barcelia la Santo, Morato Durano, and Francisco Blanco,
Manila men, Frank Power, a Spaniard, Marco Varto, a
native of the lonian Islands, Marciliano, a Greek, Miguel
Lopez, also Joseph Chance, Malays, Georg° Carlos, and
John Williams. Lyons is said to be the ringleader in the
crimes with which they are charged.
Mr. Welsby, from the lreasury, prosecuted the prisoners
for the murder of six persons, for piracy. and also for the
wilful destruction of the ship Flowery Land.
Mr. Beard, instructed by the Spanish Consul, appeared
for seven of them. The other three were undefended.
The evidence of the boy James Early (examined on
Saturday last) who gave information to the authorities at
Monte Video having been read over,
Mr. Welsby said in the first instance he would call
Mr. Strugnell, who said—l am a clerk in the registry of
seamen. I produce from that office a copy of the register
of the ship Flowery Land. It is received at our office from
the Custom-house by direction of the Board of Trade. The
Flowery Land is a British vessel, and is owned solely by
Wemyss Ker.
A certified copy of the ship's articles was then put in and
contained the names of all the seamen on board the un-
fortunate vessel, amongst which were those of all the pri •

Boners.
Mr. Beard said he had no question to ask the witness.

William Tager, a native of Scotland, and second mate of
the Flowery Land, said—l left London in the ship for Sin-
gapore on the 28th of July last. The captain's name was
John Smith, and his brother George was a passenger going
to Singapore. The first mate's name was John Carswell.
The steward was a Malay—his name was Abo. The cook
and lamptrimmer were Chinese. The carpenter's name
was Anderson, and there was also a French seaman aboard
named Canderot. All the prisoners formed part of the crew.
Some time after we sailed from London the Captain made
some complaint about the prisoners not being qualified
to do their duty. I have never seen any violence
towards either of them. I have heard him call them
coolies and sons of —. The men on their part complained
of not having enough victuals and water. Blanco was the
spokesman on the occasion. The men's complaints were
attended to. I recollect, about the Ist of September, Carlos
was wanted on deck, but instead of coming up he went
and turned into his bed, He said he wanted his watch
below, and that he was not well. When he refused to come
up, all the watch, seven in number, refused to come on deck.
George Carlos, Marco Varto, Marciliano, and Francisco
Blanco were the only names of the seven that he could
recollect. I and the chief mate, Mr. Carswell, wont down
to Carlos, and told him to come on deck and do his duty. He
refused and said he was sick, upon which the mate took
hold of him and pulled him out of bed, and gave him several
blows with his fist.
Mr. Beard—The chief mate did that P
Witness—Yes.
Examination continued—Carlos was got on deck, he still
refused to do his work, and the master then told me to
make him fast to the rigging with a piece of rope. I did
so. He remained tied about five minutes,. when
the captain came out of his cabin and told me to
loose him. I did so. The captain gave him some medi-
cine and told him to go and turn in. There was another
quarrel with the first mate a few days after Carlos and
another were fighting. He told them to leave eff, but as

they refused he took.hold of Carlos, and they had a struggle
together. I recollect the night the captain was killed. I
had the first watch. The , first mate relieved me at one
o'clock. There was a house on deck, on the port side of
which the ten prisoners lived together. The other side was
occupied by the carpenter, the witness Early, and Cande-

rot. The cook's galley formed the third portion of it, and
the boatswain's stores were kept in the remaining portion
of it. Going down the companion ladder, the first
berth on the port side would be Mr. Carswell's,
nest to that the captain's brother, and then mine.
The captain occupied all the starboard side for his sleeping
and state room. Th 9 ship's cabin was used generally by
the crew. While I was in my berth on the morning in
question, at about 3 o'clock I was awoke by a noise on deck.
It sounded as if people were beating pieces of wood on the
companion. I tried to get on deck, but a person was lying
there on his face, so that 1 was prevented going up. There
were a number of persons on the poop beating him on the
head with handspikes. I don't know how many were there,
but I saw Francisco Blanco amongst them. I heard his
voice, and by the little light above I was able to recognise
him. lam certain about that. I received a blow on
the head with a capstan bar. I tried to pull

the man up the companion, but could not, and called out for
the captain. I got no answer, and then I went into the
captain's berth and found it empty. I then went back into
the main cabin and found him lying dead with a pool of
blood around him, and trimmed the light to enable me to
see better. He was lying on the floor. All down the left
side of his shirt was cut as from knives. After this I went
to the captain's brother's berth and found him gone also.
After this I went into my berth and fastened myself inside.
This was about 10 minutes after I first heard the noise.
While I wad locked in I heard several persons
sing out for me to come up. I did not go, and
in a short time eight men came down to m 3 berth.
There were amongst them, John Lyons spokesman, Fran-
cisco Blanco, Marco Varto, Joseph Chance, M. Durano,
George Carlos, Borcelia la Santo. Marciliano I think was
amongst them, but of this lam not sure, Lyons spoke in
English ; he said " Come out of your berth, we want to
speak to you." I said, " What are you going to do with
me, are you going to kill me ? " He said " No." I then
came out, and he said " We've murdered the captain and
the mate, and the captain's brother has got away, and we
dont't know where he's gone. We wish you to navigate
the ship to some place, in order to get on shore." They
were all quite ignorant of navigation.
Mr. Ilenry—Did all :hose with Lyons hear what he
said ?
Witness—Yes.
Mr. Henry--And understood what he said ?
Witness—Yes; Carlos and Chance, I am sure, did.
Examination continued—l asked, " Where am Ito take
the ship to ?" to which George Carlos said, " Take it to

Buenos Ayres or the River Plate."
Mr. Henry—Did he say that in English ?
Witness--Yes.
Examination continued—l agreed to take the ship to one
of those places. The ship then stood 19 S., 36 W. I next
____ . . . .

saw MarcoVarto with a rope round the dead captain's neck,
and, as he was about to haul the body up, I asked to be
allowed to saw the body up in canvass, as I did not like to
see it go overboard naked. I got the canvass and sewed up
the body, and then went to my berth. I did not see what

became of the body. I afterwards saw Chance put his
hand upon a large knife by his side in a very threatening
manner. About eight o'clock in the morning they all
assembled in the cabin, and John Lyons, still acting as
spokesman, said the men wanted to see all that was in the
captain's state berth.

Mr. Henry—Who was present when that was said ?
Witness—Chance, Blanco, Varto, Durano, la Santo, and
some others, but I can't recollect the others. All hands, I
believe, were in the cabin, except the man at the wheel.

Examination continued—l don't recollect the name of the
man at the wheel. I told Lyons he could do as he liked.
All I wanted was my life.. The prisoners then went into
the captain's cabin, and I saw George Carlos, Joseph
Chances, Francisco Blanco; and Varto rummaging about
the captain's drawers and writing desk. The others were
sitting outside. The four men when they got all
they wanted, brought it out amongst the others, who were
outside. Lyons ordered me to share it out. I said no. I
don't want to do anything of the sort. You can do that
very well without me. He said you must do it. I was
compelled to do as he directed. Ho said it was to be divided
into 17 shares, but Marco Varto said only eight should have

itd This he said in English.
Mr Henry--Did he name the eight ?
Witness—l cannot say.
Examination proceeded—Lyons took no notice, and I
WO directed to divide it into 17, and this gave about £4 a
share, leaving a sovereign er two over. The captain's gold
Wateh was put into the writing desk because it could not be

divided.
Mr. Henry-4)ld any one say anything about the watch ?
Witness--No. The captain's, his brother's, and the mate's
clothes were then brought out by four men, who gathered
up the money in the state cabin. The four fellows were
helping themselves, and then the other men took what they
pleased. I Was not asked to share the clothes. They next
brought out the hoots and 'Ames. The chest was broken
open, and everybody helped themselves. I don't know
who broke the chest. Tflo cargo of the ship consisted of
bale goods, bottled beer, champagne, and iron pipes. The
next thing after they had done wag to plunder the cargo.

Mr. Henry--What did they do ?
Witness—They broke open the bales of goods, helped
themselves to what they liked, and drank the champagne.
Witness continued—A ship was sighted a few days after
the murders. She was nearly in the same course as
we were. I asked Lyons if I might speak to her,
as I wanted id compare longitude. He said he
did not think the other Mkt Would allow me to speak to
the ship, or to hoist any signrk hut he would speak to
them about it. Ile went forward to dd sO. When he came
back he said I might, but that I must not Ray anything
about what had occurred on board the ship. I said I would
not. I steered towards the ship and spoke her. Sho proved
to be an English ship from Liverpool, the Friends, George
Carlos told mo to give our ship's name the Louisa, and noi,
say anything about where we were from or where
we were bound to. I gave the name Louisa, from
Newe Dieppe to Valparaiso, 47 days out. All
the men were on the quarter- deck when this was
done. I gave the fictitious voyage to save my life. If I
had not done so I should have gone overboard. Atter the
ship Friends passed, there sprang up a tremendous quarrel
between the Spaniards, the two Greeks, and the Manilla
wen. John Lyons told me the men thought I had told
the other ship what had been done. They all looked very
threatening at me, and I thought my life was in danger.
On Sept, 30, Marco Varto was drunk, ami took a knife to