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

BOW-STREET-(THIS DAY).

This morning the prisoners John Lyons, Barcelia la
Santos, Morato Durano, and Francisco Blanco, Manilla
mon, Frauk 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. Board, instructed by the Spanish Consul, appeared
for all the prisoners.

Chevalier J. de Schaeffer, director of the Austrian Con-
sulate in London, appeared to watch the case on the part off,.
the Austrian Government, with a view of transosittin,g a
report of the proceedings as affecling 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
net mention names. Ho 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, le,tweera three
and four o'clock. They were both crying. I was awoke to
take the wheel. I went, but before doing so T asked if ft
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 were 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 Cdead, 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. Tho pi isoners forced me to assist in
hauling up the dead body. Marco Varta did this. Ho
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 soo 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 meta 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 called 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, lie 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. Domino,
Francisco Bianco, 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 beard I heard him cry out, " Finish
quickly." [Considerable difficulty was here encountered
to translate the precise meaning of the witness's reply to
Mr. Welaby'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. lie 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 boatel 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." Ho was too far off the boat, and then Barcelia called
out 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, Taller, 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 ho understood the evidence of Can-
dereau, 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 Marco 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 noise 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 can-
net tell who it was, but Marceline told me that it was ho
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, he
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 about 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,
t 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 thorn aboard
tho 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, Mareolino, 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
" carpontero." 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 Yenta said it would not be long before they killed
me. Denali° 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 knife—it was on deck. Marco Veda
afterwards came snto my room and said he had killed 16
men before. I recollect sighting the land, and heard one
of the prisoners finding fault with the second mate for not
telling them they were so near shore, 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 Darana, 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,
bat 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 " Oho as the water covered the
vessel. On the afternoon before the ship was scuttled,
Lyons told me to make fast all 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 cut 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
Towell, he thought, was also a non-consenting party to the
murders, or he would not havo told what he did.
Mr. Henry quite agreed in that.

Mr. Weleby—Bat with respect to the others, he should
ask for the committal of all the other prisoners upon the
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 have volunteered to state all they
know relative to the diabolical murders.

SPOR rING INTELLIGENCE.

POLICE INTELLIGENCE—This Day.

WESTMINSTER

THE FHAUDULENT AND DECEPTIVE USE or EMINENT
NAMES KNOWN IN TRADE.-Mr. Lewis, senior (of Dy-
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 corn •
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 offence 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 act.

The summonses were granted.