The Sun.
London, England, 1864-01-16 00:00:00

THE SUN, LONDON, SATURDAY EVENING, JANUARY 16, 1864

The Murder and Piracy on the High Seas,

BOW-STREET--(Tars DIY).

This morning the prisoners John Lyons, Barcelia la
Santos, Morato Durano, and Francisco Blanco, Manilla
men, Frank Powell, a Spaniard, Marco Varto, a native of
the lonian Islands, Marcelliano, a Greek, Miguel Lopez,
alias Joseph Chancez, Malay, George Carlos, and John
Williams, were again placed at the bar before Mr. Henry.
Mr. Welsby, from the Treasury, prosecuted, and
Mr. Beard, instructed by the Spanish Consul, appeared
for all the prisoners.
Chevalier J. de Schaeffer, director of the Austrian Con-
sulate it London, appeared to watch the case on the part of
the Austrian Government, with a view of transmitting a
report of the proceedings as affacling Powell, who was said
to be a deserter from an Austrian ship.
The first witness examined this morning was
Frank Candereau,:who said—l am a native of Bordeaux.
I shipped on board the Flowery Land in London. I slept
in the house on deck with Anderson and Early. I don't
recollect the day the captain was killed, but 1 know he
was murdered, Before that took place Frank Powell told
me the others said they intended to kill the captain. He did
not mention names. He only said " they." This was
about 12 days before the murder. He did not say anything
else. I did not ask any questions. I told the captain
the same day what Powell had said. Before that time
the captain had not to his knowledge found fault
with the men. When I told the captain what
Powell had said, he merely said "No, No." I
recollect being woke up by the boy Early and the carpen-
ter the morning the murder was committed, b _tween three
and four o'clock. They were both crying. I was awoke to
take the wheel. I went, but before doing so I asked if it
was four o'clock. Whilst I was at the helm I saw capstan
bars in the hands of some of the prisoners, but as it was
scarcely day I can't positively name them. I should say
there wore about seven or eight of them. I asked what was
the matter, when they said the bodies of the captain's
brother and the second mate were in the sea. I asked after
the captain, and they showed me him, dead, in the cabin.
Frank Powell was the man who did this by directing me
to look through the skylight. He said, " See, the
captain's [dead, there, lying on the floor." Frank
Powell also told me about the death of the
captain's brother and the first mate. When I looked
through the skylight I saw the captain dead. I did not
observe any weapon in Frank Powell's hand. When I
went into the cabin at daylight I saw the captains body
wrapped in canvass. The prisoners forced me to assist in
hauling up the dead body. Marco Varta did this, He
said " Lend a hand to throw him into the water, and take
care of yourselves." All the crew were in the cabin at the
time, I did not see any of them with weapons in their
hands. Three or four helped me to haul the captain's body
up, but I don't recollect their names. The cabin was full
of blood. At daylight the cabin was cleared, and
then I saw the men break open the chests. I
saw two watches—one belonged to the captain, the other
to the mate. I went down into the cabin in consequence
of being oalled to take my share of the money. The whole
crew was present at the time. If the money had been good
we should have received £4. It was bad money. Some
days after this, Barcelia la Santos was in the cabin,
sharpening his knife. He said, " This knife will serve you
as well as it did the captain." Frank Powell said nothing
to me about being killed. I recollect the sinking of the
ship—it was about two o'clock in the morning. Durano,
Francisco Blanco, Chancez, and Lyons were on board the
ship when we got in the boat to leave her.
The lamptrimmer was in . the boat with me, but
the Spaniards said to him, " Come back on board."
After he got on board I heard him cry out, " Finish
quickly." [Considerable difficulty was here encountered
to translate the precise meaning of the witness's reply to
Mr. Welsby's question, but the two words taken were as
near as it was possible to render the reply in English.]
After we were in the boat I saw the cook, just before the
ship went down, go up the rigging. I heard him cry,
"Oh, oh," as the water covered him when the ship sunk.
I never saw the cook or the lamp-trimmer after the ship
sunk. After the ship was down I saw the steward swim-
ming in the water. He came up to the boat in which I was
and tried to get in, but did not succeed. Before the
ship went down the other sailors on board said
in Spanish, , which I understand, "Take a cap-
stan bar and kill him. Marcellino, Durano, Francesco
Blanco, and John Lyons were on board when this was
said. Barcelia, who was in the boat, upon this took a cap-
stan bar, and called out to the steward, "Come on, come
on." He was too far off the boat, and then Barcelia called
eat for Lyons to assist him. 1 heard the steward call out
for assistance for about half an hour after he was in the
water, but I never saw him again. I recollect getting on
shore in about two days after we went to Rocha. We met
some Frenchmen, and then I learned there were some per-
sons up the country who spoke English. I told this to the
second mate, Taffer, and we went in quest of them. After
we had walked about three miles we met a man named
Ramos, and having explained what had taken place to
Ramos, we went back to Rocha, from thence we went to
Monte Video, and afterwards before the naval court where we
were examined. Two or three days before we left the ship
the steward showed me two stabs—one on the arm, and the
other on his side—which had been inflicted on him' by
Marco Varto. The night before we went ashore Frank
Powell said to the second mate, the carpenter, and me, in
Spanish, "Take care they don't kill you to-night before you
go ashore. All is not going well." When I was at Rocha,
sleeping at a Frenchman's house, Lyons came to me, and
presenting a pistol at me, said, "Be off quick," meaning
that I was to run away.

Mr. Beard said, on the part of the prisoners, excepting
Frank Powell, he should reserve his defence.
Powell was asked if he understood the evidence of Can-
dereaa, and whether he wished to ask the witness any ques-
tion ?
The prisoner said he had nothing to say, excepting that
he did not recollect telling the witness about the intention
of the crew to kill the captain.
Michael Andersen, a Dane, was next examined. He said
—I was carpenter on board the Flowery Land, and shipped
in London. After we began the voyage 1 heard the captain
say he did not like the crew because they could not do their
duty. I have seen the captain strike the cook, the steward,
the lamp trimmer, and Mateo Varto with his open hand.
He did not hurt them. He said to them, " You are come
on board my ship to do your work and you can't do a splice,
and when you arrive in China you expect to be paid." I
have seen the first mate strike Barcelia with a rope's end,
but not to hurt him. I recollect the morning when the
captain was killed. About 2 o'clock the boy Early woke
me up. I heard no nog) at the time. I went on deck. When
I got there I found the chief mate lying at the foot of the
steps leading to the poop. His face was towards the deck.
I asked him if I should help him, and he replied, "Help
me to my cabin." He told me one of his arms was broken
I got him up to the poop. It was then light enough to see.
His face was broke all to pieces, and his nose smashed.
He told me to go to the captain. As I was going one of
the prisoners knocked me down with a handspike. I (=-
net tell who it was, but Marcelino told me that it was he
who did it.
Mr. Henry—Did Marcellino speak in English?
Witness—He said (making signs at the time), me strike
you.

Examination continued—When I was struck I fell from
the poop to the deck. I afterwards got into my berth. I
was called up about half-past 5 the same morning. Blood
then covered the deck, and it was all over the steps of the
poop. Marco Varto, Francisco Blanco, and the French
man, with others, pulled something up the cabin
stairs, and threw it overboard. I left my berth
in consequence of having been called on deck by
George Carlos. It was then I first saw the blood. I
can't recollect anything Carlos said. But some of the pri-
soners told him they had thrown the first mate overboard.
While I was in my birth I heard some one talking about
killing the captain. I was too much hurt to get out to see
who it was. Marco Varta, George Carlos, Durano, and
two or three others were amongst them, I am certain.
Francis Blanco called out to me to assist pulling the rope
which was round the captain's body. There was blood
upon the rope and I refused to touch it. I went towards
the capstan and there remained. I could see from that place
that it was a dead body. As they heaved the body over-
board Francisco Blanco said, "There goes the captain, ho
won't call us sons of bitches any more. I was afterwards
called down into the cabin, but I cannot say who called.
When I got down I saw the second mate and all the pri-
soners. The sofa, chairs, and other things were
covered with blood. Some the prisoners were sitting,
others standing. They had been drinking something. I
heard them talking abort money. They said they would
have the second mate to share the gold, Marco Varto
said it was to be divided into eight parts. Lyons and some
of the others said they should all share alike. The money
was finally divided into 17 parts. Some chests were then
broken open. Marco Varto ordered me to break open one,
It was full of shoes. All took what they liked. I was
ordered to take some ; I did so. I took a pair of canvas
shoes and three pair of women's shoes. I left them aboard
the ship. I broke off the lock of the carpenter's chest and
threw it into the sea. I recollect speaking a brig. Some
of the Spaniards were sitting on the fore hatch eating.
They were conversing together. Durano, Marceline, and
Lyons were there, I cannot recollect the names of the
other two. They appeared to be quarrelling, I judge by
the signs they made that they could not agree. I could
only understand two words, they were "second mate" and
" carpentero." I afterwards heard Lyons say:in English,
"If you like to kill them, you can do it; I don't like it."
Lyons afterwards told me to look out for myself, and do all
that the prisoners ordered me if I wanted to go free. I
recollect some of the prisoners coming into my berth and
sharpening some knives en the wetstone. They were
Baroelio and Marco Varta. While they were doing so,
Marco Varta said it would not bo long before they killed
me. Bascelio heard him. They also said they would
kill the Frenchman. I recollect one of the prisoners com-
plaining of the steward taking something, and I saw Marco
Varta cut him with a kliife—it was on deck, Marco Varta
afterwards came ante my room and said he had killed 16
men before. I recollect, ',lighting the land, and heard one
of the prisoners finding with the second mate for not
tolling them they were
,f4o'beer elm% Orders were then

given to me to have my tools ready, and also some candles

and matches, to make holes in the ship. Lyons
told me to do so; but George Carlos was the
first to give the orders. All the prisoners were present
when this was done. A fortnight before this I was told I
should have to scuttle the ship, but I cannot say by whom.
I made some plugs• to fit the holes I was to make, because
I was afraid they were going to leave me alone in the ship,
and if they did so I should have the plugs ready to fill up
the holes when they left. On the day I was ordered to get
my tools ready, something was said about its being
too early; but between 10 and 11 o'clock the same night
Lyons, George Carlos, Marcelino, and Durana, and two

others came to me and gave me orders to go down into the
hold. They all went down with me and told me to bore
holes in the ship. They were armed with knives and a
sling shot (a stick with a ball at the end of it.) I
bored eight holes with a two-inch auger. Four
forward and four aft. I did it being in fear of my life, We
all then returned to the deck. When there Lyons said we
were to jump quickly into the boat. He said in English,
"Carpenter, now, quick into the boat." I did so. I saw
the small boat a little distance from the ship. The second
mate, the cook, steward, Frank Powell, Early, and,
I expect, the lamp-trimmer, as there were six in each boat.
I heard some one sing out from the ship for the boat to
return. All were called from the boat but Frank Powell
and the steward. The latter would not go on deck. They
sang out a many times for the steward to come up, but he
refused. Lyons, lam certain, was one who did so, bat I
cannot say who else. I left the boat, and then I saw bottles
thrown at the steward. They struck him on the head.
He at last jumped overboard. He took the rud-
der of the boat with him. I afterwards heard
him for upwards of half an hour singing out
to Lyons to help him. I dont know what Lyons said. The
last on board were Lyons, Lopez, and Francisco Blanco,
but I cannot recollect the rest. The ship went down about
five minutes after we left it. I could not see the cook, but
I heard him scream out " Oh" as the water covered the
vessel. On the afternoon lefore the ship was scuttled,
Lyons told me to make fast al the things that would float
with big nails. I used the smallest I had, because if

anybody was left behind on board of her she might
rise as quick as possible. I out the lashing of the spars.
Lopez said, while this was being done, if the steamer saw
them the best thing they could do was to jump overboard.
After I arrived at Rocha I worked as a carpenter until the
prisoners were captured.
Mr. Beard, on the part of the prisoners, said he should
reserve his questions for the present.
Powell said he had nu questions to put.

Mr. Welsby said that was all the evidence he had to
offer. With respect to Williams, he could not put his
finger on anything that could connect him as a consenting
party to the murders that had been committed, and Frank
Powell, he thought, was also a non-consenting party to the
murders, or he would not have told what he did.
Mr. Henry quite agreed in that.

Mr. Welsby—Bat with respect to the others, he should
ask for the committal of all the other prisoners upon tho
full charge of murder, piracy, and wilful destruction of the
ship. William and Frank Powell he should therefore
withdraw from prosecuting on any charge.
Mr. Henry said he entirely agreed in that course, after
having paid the utmost attention to the evidence.

Williams and Frank Powell were then discharged, and
the other eight prisoners were fully committed for trial on
all the charges.
Williams and Powell hare volunteered to state all they
know relative to the diabolical murders.

SPORTING INTELLIGENCE.

LATEST LONDON BETTING-FRIDAY.

Transactions at present appear nearly confined to the,
Liverpool Steeplechase And the Chester Cup, as but little
has been done on the Two Thousand and Derby, conse-
quently we can only eve a nominal list of quotations on
the latter events, which will be found below:—

LIVERPOOL STEEPLECHASE.
16 to 1 agat Embbm (offered—take 20 to 1)

20 to 1 agst Avalanche (offered-25 to 1 wanted)
20 to 1 apt Penarth (offered—take 25 to 1)
20 to 1 agst Shropsiire (offered)
20 to 1 agst Bantam (offered-25 to 1 taken freely:
25 to 1 agst Amy (taken and offered)
30 to •1 agst Real Jam (taken)
30 to 1 agst Jealousy (taken)
30 to 1 agst Satellite (taken)
33 to 1 agst Serious Case (taken)

TWO TEOUSAND.
stolon the field (offered)
CHESTER CUP.
40 to 1 agst Golden Pledge (offered-50 to 1 taken
40 to 1 agst Little Stag (offered-50 to 1 taken)
50 to 1 agst Anfield (offered)
50 to 1 agst Black Deer (offered)
50 to 1 agst Whitethorn (offered)
50 to 1 agst Tattoo (offered-66 to 1 taken)
50 to 1 agst Gardener (offered)
66 to 1 agst Brighten (taken)
66 to 1 agst Birdfinder (taken)
66 to 1 agst Earl of Surrey (taken)
66 to 1 agst Blondia (taken)
THE DERBY.
12 to 1 agst Paris (offered)
12 to 1 agst Scottish Chief (offered)
15 to 1 apt Blair Athol (offered)
15 to 1 agst Cambuscan (offered)
16 to 1 agst Forager (offered)
25 to 1 agst Birch Broom (offered—take 30 to 1)
25 to 1 agst Appenine (offered)
30 to 1 agst Claremont (offered)

RACING FIXTURES FOR 1864.
FE➢RUARY.

Birmingham
Harrow
Chelmsford l7
MA:

Lincoln Spring 2a
Hungerford

Nottingham Spring 1
Derby Spring 3
Liverpool
Shrewsbury
Doncaster Spring

Warwick .. 16
Durham
Northampton 29
Catterick .. 30

Croxton-park
Edinburgh Spring .. 2
Abergavenny
Thirsk 5

Epsom Spring
Newmarket Craven
Newmarket First Spring 25

Chester
York Spring
Salisbury •. 12
Bath

Manchester
Harpenden . 2O
Epsom 24

Ascot
Hampton l5
Newton
Odiham
Bibury
Stockbridge

Chelmsford 2B
New Forest Hunt 2B
No tveastle-on-Tyne
Worcester (Summer)
Ipswich

Newmarket July
Carlisle ..
Abingdon ............ 12
Liverpool July
Stamford l4
Pontefract

Nottingham . l9
Winchester l9
Southampton .. 2O
Chesterfield
Goodwood

Bright on 2
Brighton Club
Lewes 6
Reading
Egham
Oxford lB
Yarmouth

SE PT:

Weymouth 1
Warwick September 6
Leicester ..
Doncaster .. l3
Brecon .. 19

OCT,

Northallerton 6
Newmarket Second Oct lO

Shrewsbury Autumn
Leamington & War• Hunt 22

York August 23
Plymouth
Derby 3O
Lichfield
Stocktcn 3O
Devon and Exeter

Richmond
Monmouth 22
Manchester Autumn
NewmarketFirst October 27

Gloucester
Newmarket Houghton 24

[BER.

Worcester Autumn .... 30

POLICE INTELLIGENCE—This Day,

WESTMINSTER:

THE FRAUDULENT AND DECEPTIVE USE OF EMINENT

NAMES KNOWN IN TRADE.-Mr. Lewis, senior (of Ely-
place), came into the court to request process to be issued
under the following circumstances :
Mr. Lewis said that this was the first application under
an act of Parliament of last session, and which did not
come into operation until the Ist inst. It was most im-
portant for the interests of manufacture and for the protec-
tion of the public against fraud. In this instance the com-
plaining parties were Messrs. Collard and Collard, the emi-
nent pianoforte makers, whose name had been fraudulently
and deceptively used. An advertisement had proclaimed
" that a very fine instrument of the Messrs. Collard,
manufactured expressly for a professional lady, at a large
cost, with all the last and greatest improvements, was to
be disposed of by a widow lady, who was driven by pecu-
niary distress to dispose of it for £25." This was a perfect
fraud, for although to the casual observer the instrument
would appear to be from Collard and Collard, it was not.
Their names were largely inscribed upon it, but above it
in an obscure place, unseen without the removal of some-
thing, was some sentences or names, with the addition of
"from," and then followed Messrs Collard and Collard.
Under the new Act of Parliament it was an offsmce to sell,
utter, or expose for sale, or for any purpose of trade or
manufacture, any chattels or articles, make any forged or
counterfeit trademark, or with the trademark of any other
person, applied, or used falsely, or wrongfully. and the
penalty was equal to the value of the article, and a sum not
exceeding £5, The Messrs. Collard had instructed him
to proceed in this matter, so prejudical to their reputation,
and gladly availed themselves of the statutes passed for the
protection of the bona fide manufacturers.

_
Mr. Selfe inquired whether Mr. Lewis had proof that the
offence had been committed since the 31st of December,
1863 ?

Mr. Lewis replied that he had, and said he should, with
a view of bringing the offender to punishment, proceed
under two different sections of the sat.
The summonses were granted.

THAMES.
SCANDALOUS OUTRAGE.—Catherine Duggan, one of
those infamous women who frequent Ratcliff-highway and
vicinity ostensibly for the purpose of sailing oranges and
fruit, but in reality to plunder sailors and others, was
brought before Mr. Partridge charged with assaulting Mrs.
Harriet Thackeray, a very respectable married woman.
The complainant said she was passing the corner of Well-
street and Cable-street, near the Sailors' Home, last night,
and was met by the prisoner, who put her arms round her
neck, pressed her against a wall, and kicked her several
times, while another woman, a friend of the prisoner, tore
her bonnet off, and flung it into the road. Both women
used very foul language.
Mr. Partridge— What was the cause of this ?
Witness—l don't know indeed. She is a stranger to me.
The prisoner set up an infamous defence which the com-
plainant said was quite untrue, and the policeman who had
charge of the case said the prisoner was drunk and very dis-
orderly last night.
Geraphty, a police sergeant, said the prisoner was one of
the most infamous women in the district—an orange girl.
The prisoner—l don't go about with oranges now.
Mr. Partridge said the prisoner had committed a most
unprovoked assault on a respectable woman, and ha fined
her 10s., and in default of payment seven days' imprison-
ment.

GRAVE CHARGE . AGAINST AN UNDERTAKER.—Thos.
Tadman was brought before Mr. Partridge charged with
stealing a glass decanter, emblazoned with the word
" Sherry," and valued at 10s. 6d., the property of Mr. Jas,
Everefield, landlord of the Duke of York, in High-street,
Shad well.
On Christmas-eve the prosecutor had a sherry decanter
in his possession, It was full of wine. He missed it the
next morning, and gave information to the police. Last
night, Sergeant Dillon, 19 K, found the decanter in a cup-
board behind the prisoner's shop. The prisoner
told Dillon he picked up the decanter outside
his father's shop two or three nights after Christmas,
and did not know to whom it belonged. He now
repeated that statement, and said he was a respectable
undertaker and worked very hard for his living. While he
was making his defence an injudicious friend handed the
prisoner's card ab out among the solicitors at the table in
front of the bench, None of them seemed disposed to give
the prisoner an order, and handed the card to our re-
porter. The inscription on the card was as follows :
" Thomas Tadman, furnishing undertaker, 32, St. James-
place, Buck road, Shadwell, funerals performed on the most
reasonable terms. Orders by post promptly attended to.''
Mr. Partridge said he did not believe the prisoner's de-
fence. This was a grave charge. It was not unlikely that
the prisoner should pick up the large decanter full of
sherry in the public street. The prisoner had been in the
practice of frequenting the Duke of York occasionally, and
was in the house a week ago, and knew the bottle of sherry
was lost. He fined the prisoner 40s. for unlawful posses-
sion of the decanter.
The fine was paid.

The new magistrate, Mr. John Paget, of the Northern
Circuit and Liverpool Sessions, who was called to the bar in
1838, and has had great experience in criminal law, was on
the bench with Mr. Woolrych yesterday, and again this
day with Mr. Partridge. Mr. Paget will commence his
magisterial duties at this Court on Monday next, the 18th
instant,

MARKETS—This Day.

COVENT GARDEN.

There was an increased supply of vegetables at our
market to-day, and the late advance in prices was not
supported, The trade for fruit was steady.

FRUIT.

O. d. a. d.
Pine apples 8 0 to 10 0
Colonial do., each 0 0 to 0 0
Grapes,per lb 5 0 to 10 0
Foreign do 1 0 to 2 61
Melons 0 0 to 0 0'
Nectarines, per dz 0 0 to 0 0
Apples, per hf-sv. 2 6 to 4 0
Pears, per do
Oranges, per 100..3 6 to 8 0
Lemons, per 100 3 6 to 7 011
Gooseberries hf sveo 0 to 0 01
Strawberries pr pt 0 0 to 0 0

e. d. s d
Illulberries,prpt..o oto 0 0
Cherries, per lb. 0 oto 0 0
Foreign ditto, puno oto 0 0
Filberts, per lb 1 6to 1 9
Walnuts, per 100 1 oto 2 0
Cobnuts, per lb 0 oto 0 0
Almonds, per bus 0 oto 0 0
Figs, per doz. 0 oto 0 0
Peaches..
Currants, per b.sv 0 oto 0 0
Plums, per do.
Greengages, pr do. 0 oto 0 0