The Sun.
London, England, 1839-10-26 00:00:00

one ; it was above a foot long. Upon the Captain stat-
ing something to hint, he went upon deck to sectere the
prisorie onttd the prisoner on the starboard side, On
the mainmast ; be had a leittol and dagger then in his
hand. Witness tried to disarm him, when he said if he
came near him he would shoot him, and when witness
cantle close to him he snapped a pistol at him and ran
atia: Witness seized a broom and ran after him, and
tie again snapped a pistol at him ; followed him round
the gallery and under the main-sail, and upon arriving
there he asked Mr. Barnard, a passenger, to fetch him
a pistol. The prisoner during this time had got under-
neath the mainsail on the top of the long-boat, and after
that he got to the forecastle. Witness went half-
way down the forecastle ladder unarmed, but was ad-
vised to go no further by Mr. Barnard. The prisoner
was ultimately secured, and witness went again into the
captain's cabin. The other passengers were there, and the
captain was sitting in the same posture, but he could not
speak. On examining 11,s body, found a large wound
under the breast bone, part of which had been scarified
by the point of the da4ger, and under that a large
orifice, through which part of the bowels protruded.
Mrs. Hunsworth assisted to bind up the wounds, but the
captain expired in about twenty minutes. The wound
was about an inch and a-half in length. After witness
laid the captain on the bed he went on deck, and ulti-
mately the prisoner gave up the arms he had, and
was put into irons by the witness. Witness asked'
him how he came to do so desperate an act, to which
he replied, if the Captain ha,d not snapped a pistol at
him he would not have done if. Witness had searched
about the Captain's bed, but could net find a pistol
there. Saw a pair of pistols belonging to Mr. Bar-
nard on the table in the dining cabin. On the same
day the prisoner made a statement, which witness took
down in writing in the presenccof Mr. Hunsworth and
Mr. Barnard, and when they arrived at Rio Janeiro
that statement was read over to the prisoner before the
Consul there. That statement was, that he went into
the Captain's room to clean it out, that he was order,‘d
out by the Captain, but did not go. The Captain
told him if he did not go out he would blow him out,
►t the same time taking down a pistol from over
his feet. He then went out. Saw the Captain
take the pistol up again, prisoner went into the next
room, took the mate's dagger out of his room, and that
from Mr. Barnard's, hid the cutlass, hid Mr. Barnard's
pistol and dagger under a chair in the cabin, and pro-
ceeded with the mate's dagger to the captain's state-
room, opened the door, when the Captain said, " So
you will not mind what I say to you," put up his hand
and reached for a pistol, and then he stabbed him ; he
said not a word more, and the prisoner took the pistol
and dagger from under the chair, having left the mate's
dagger sticking in the captain. Could not recollect
Mr. Barnard putting any questions to the prisoner at
the time his statement was taken down.

Cross-examined by Sergeant Atinativ*--Witness
had sailed with Captain White upwards of three years,
but the prisoner had been with them only since the Ist
of March. The Captain generally kept pistols in his
berth. There was also a nautical almanack there, which
was large enough to cover the pistols if there had been
any there. It was the duty of the steward to clear out
the berths; and go in there early in the morning to get
hoots and shoes. Did not hear Mr. Barnard tell the
prisoner to give the arms up to him. He, however,
did give them up. All on board seemed very much
agitated. There were some unpleasant remarks made on
board with respect to Mrs. Hunsworth and the Captain.
The Captain ordered other boys to be flogged as well as
the prisoner. One boy ran away in consequence. Between
the Ist of March and the beginning of April, six of
the crew left the ship, only one of them had been pu-
nished. Did not know that a man had thrown him-
self overboard, but he believed that one was lost about
a mile from shore, in the River Guyaquil, and had not
been heard of since. Captain White was about 25
years of age. There was an indictment against witness
for the murder of a man, named Shaw, on the high
seas, on which he expected to be tried. .
Re-examined—Never bad any difficulty in procuring
hands to steer the vessel. The usual dumber of men on
board was 12 or 14. The men who had been flogged
had not been severely punished. Did not recollect any
men being flogged on account of what they had
said of Mrs. Hunsworth. Never saw any-
thing wrong between Mrs. Hunsworth and the
Captain. The attack on the Captain had
been made on the 14th, the day after the prisoner was
flogged. It was on the outward bound voyage that
Mr. and Mrs. Hunsworth came on board. When wit-
ness saw the Captain he did not believe he had the
power to snap a pistol. One of the pistols found on the
sitting cabin table had a cap on that appeared to have
exploded. Witness discovered this after he had secured
the prisoner. Was sure that the Captain had not the
power to place the pistol on the table. Up to the
time of the occurrence taking place there was not
much necessity to complain of the crew of the vessel.
It was in consequence of a communication made by the
prisoner that Mr. Barnard and witness had arms.
John Hunsworth examined by Mr. CLARKSON—
When at home resided at Waterford. Shipped himself
and his wife and family at Valparaiso on board the
barque Secret for Guyaquil, and from thence to England.
This witness corroborated the evidence given by the last
witness, as to the attack of the prisoner upon the Cap-
tain. Witness had been married 12 years and had two
children. When witness sari the state in which the
Captain was be ran on deck, when he saw the mate pur-
suing the steward, who had a pistol in one hand, and a
dagger in the other. After a great deal of difficulty
he was secured, and gave up his arms to Mr. Barnard.
After this, witness went down to the Captain, who never
spoke,and died in less than an hour. Witness put his
name to the statement made by the prisoner. There
were no arms in witness's berth ; but upon searching the
captain's there was discovered a pair of pistols, loaded,
at the foot, on a shelf, but they appeared not to have
been touched for some time, as they were covered either
with clothes or paper ; witness could not say which.
Mr. Barnard took possesssion of them. The arms in
the mate's and Mr. Barnard's rooms had been removed.
Cross-examined by Mr. BODKIN—The place where
witness slept was on the opposite side of the vessel to
where the Captain slept. There was no partition be-
tween them. Witness bad done duty on the vessel at
the request of the Captain. After the alarm the mate
was on deck some time before witness.
Mr. Barnard was called upon his recognizances, but
did not appear, and his recognizances were ordered to
be estreated.
James Anderson was a seaman on board the barque
Secret at the time the unfortunate occurrence hap-
pened.
Cross-examined by Mr. Sergeant ANDREWS—Had
been present when words passed between the Captain
and the prisoner. The Captain then said, " Move your-
self a little faster, you seouth!rel, or I will have your
flesh off your bones, or your life.''
Re-examined by Mr. CLARKSOIC—The Captain did
nothing to the prisoner on that occasioi::
James Kemp was also a seaman on boars the barque
Secret at the time of the Captain's death.
Cross-examined—Had never known the prisoner be-
fore he came on board. He conducted himself well.

Several other seamen were examined, who gave simi-
lar evidence. _

James Julien, an officer at Falmouth, had received
the dagge- from the Magistrates of that place. Mr.
Barnard had given evidence at Falmouth, hut witness
did not know what had become of him, or what was
the reason of his absence to-day.
This was the case for the prosecution.
Mr. Sergeant ANDREWS made a very feeling address
to the Jury on behalf of the prisoner, contending, in the
first place, that what had happened was caused by
the great provocation on the part of the Captain, and
in the prisoner's self defence, when the Captain
levelled a loaded pistol at him, and therefore that
it could not be considered in the light of de-
liberate murder ; and secondly, that the statement
said by Minty to be made by the prisoner, and
which was taken down by him, could not
be relied upon, inasmuch as several alteratiors had
been made in it which had not been satisfactcrily ac-
counted for by Minty on his cross-examination.
Mr. Justice BOSANQUET summed up at considerable
length, and the Jury retired ; but the verdict was not
returned when we went to press.

NEW COURT.
(Before the RECORDER and the LORD MAYOR ELECT.)

At the opening of the Court, the following prisoners,
some of whom had been before convicted, pleaded
guilty to the charges preferred against them, and were
sentenced as under :
Mary Jones, alias Garrett (twice before convicted),
seven years' transportation ; Margaret INl‘Leod, six
months ; Thos. Bossett, three months ; J. Paine, one
year ; Elizabeth Walker, seven years ; Rachael Horton,
seven years ; Robert Tyrell, ten days ; and George
Butler, alias Butters, six months.
The RECORDER told the Jury that they formed
their judgment on the cases •from the depositions, from
which sometimes a great deal of information was to be
obtained. He mentioned this merely to show why
there was such an apparent inequality in the sentences.
Joins Pearce was indicted for stealing four candle-
sticks, the property of William Brooks his master.
It appeared that there had been a dispute between
the prisoner and a fellow-servant about some bad
money, which was calculated to induce an angry, if
not a malignant, feeling.
The Jury returned a verdict of acquittal.
John Smith was convicted of stealing a silk handker-
chief, value 45., the property of John Batson, and being
a known hand, he was transported for ten years.