The Sun.
London, England, 1830-09-29 00:00:00

EAST INDIA COMPANY'S SEAMEN.

Yesterday, Captain Joseph, Dudinan, Commander
of the Inglis East Indiaman, was charged, at the
Thames Police-office, with assaulting William Allen,
'an able liftman of that vessel, off St. Helena,' on the
Ist of July last, placing him in irons, and inflicting
three dozen lashes upon his bare back.
The complainant deposed, that on the day named
he was ordered to go ashore with three others in
the jolly-boat with the Captain and Midshipman.—
On landing, he asked leave of the latter, for five
minutes, to go into the town, which was granted.
On his return, after purchasing several articles for
his shipmates on board, he was abused by the Cap-
tain for being abent, and instantly ordered to the
ship, where he was placed in irons. His compa-
nions were served in a similar manner. In the even-
ing he was taken ashore by several marines, and put
in the black-hole of the guard-house, where he was
confined all night without any thing to eat or drink. '1
He once asked for some water, but the soldiers
threatened to put some drumsticksl in his --
In morning he was taken under an escort of sol-
diers to the ship, and after a cuddy court of inquiry
had been held, he was sentenced to receive three
dozen lashes, which were inflicted with great severity.
Mr. BALLANTINE questioned the complainant as
to whether he had been insolent to his Captain, and
he distinctly replied in the negative : his shipmates,
he said, would confirm his statement if called in.
Captain Dudman, in reply to the charge, said the
complainant had been guiltyof a disobedience of or-
ders, as he had given strict injunctions that the men
in the jolly-boat should not go ashore; but when he
returned, he found they had acted in defiance of
those orders. He then sent them on board, with
his compliments to the officer in command to place
Allen in irons. About two hours afterwards signals
were raised of a mutiny having broken out on board,
and he proceeded to the ship, where he ascertained
that Allen and his companions had made some re-
sistance to being placed in irons and been insolent.
It was found necessary to send him ashore and place
him in confinement, and the next morning the Go-
vernor and Captain Rennie, of the Ariadne, came on
board to ask the men whether they bad any griev-
ances to complain of, and he (Captain Dudinan)
told them not to be afield to speak. They all re-
mained silent, and a court of inquiry was held, the
members composing which were Captain Haviside,
of one of the Hon. Company's ships, Capt. Newell,
of the Waterloo, and Captain Searle, of the General
Kyd, who ordered Allen to receive three dozen
lashes, and the Governor, before he left the vessel,
after being acquainted with all the circumstances,
directed that the punishment should be inflicted
with severity as an example. He had nothing to do
with the sentence himself.

The complainant said, that Captain Dudman read
over the sentence, and that he had been guilty of no
offence whatever, except leaving the boat for five
minutes, for which he had permission of Mr. West-
maeott, the Midshipman.
Mr. BALLANTINE said, that no martial law was
applicable on board merchant ships, and the law did
not justify the Captain of a vessel to flog his sea-
men ; although circumstances, where the safety of
the ship was at stake, might render it necessary to
do so; and in that case the sailor on coming ashore
could question by what authority he had been pu-
nished. In this case the complainant, if he had
committed any offence, ought?to have been taken
before the local authorities of the island off which
the ship was lying, who would have disposed of the
case in a proper manner. There was no occasion to
call a court of inquiry on board while the ship was
lying off a place under the dominion of the English
Government, or otherwise the master of a vessel in
the river Thames could punish any of his crew on
the same grounds, without coming ashore for a war-
rant. An assault had been proved, and he should
require Captain Dudman to enter into his own re-
cognizance in the sum of .501. to appear to take his
trial at the next Admiralty Sessions.
Captain Dudman was next charged with an as-
sault on another of his crew, John Willison, and
with flogging him on the high seas, off Hongkong
Bay, near Canton, on the 4th February last.
The complainant deposed, that while on ditty on
deck he was ordered into the main hatchway to stow
some wood. After he had finished what he was
about, he went there, when Mr. Mowatt, the third
officer, called him a -- infernal Yankee son of 4
-- for being so long. He said he did not deserve
to be called such names, when he was immediately
ordered to be placed in irons. A cuddy court of
inquiry was held, anti ho was ordered to receive
three dozen lashes. lie was tied up, and after ho
had received two dozen and a half hej fainted away,
when three more stripes were given to bring hint to,
and he was afterwards tinder the care of the doctor
for some days. The punishment, by the Captain's
orders, was inflicted with so much severity, that he
should never be the same man he was before. His
j spirits were broken, and he had done nothing to
deserve such treatment► _ _ j

Captain Dudman said he had,very little recollec-
tion of this case, except that the man was ordered
to the after hatchway and refused to go.
Mr. BALLANT.RM—IIave you inserted an account
of this in your log-book IL-Captain Dudman %aid
he had,
The complainant, who is an American, said he
had never disobeyed orders, as his shipmates could
prove. He had been frequently called by the most
opprobrious names, and;treated more like a dog than
a man.
Mr. TIALLANTINE said, that this case was some-
what different from the last, as the ship was actually
at sea ; and although the English law did not justify
the captain of a merchant-vessel to flog his seamen,
circumstances, which he could not suppose to exist,
might render -corporal punishment necessary ; but he
trusted, that in this case it had not been done
wantonly, but with due caution and deliberation.
He saw no necessity to hold defendant to bail in this
case, as he had , already been bound over, and the
complainant coeldindict him at the next Admiralty
Sessions. Willison ,said he should certainly adopt
that course, and the parties then withdrew. ,
BALLANTINIt told the officers of the establish-
ment to inform any of the ship's company of the
Inglis who might applysthat he should grant no more
warrants against Captton Dudmait, for assaulting and
flogging his crew, but as he was bound. over, they
could indict him at the Sessions if they had, any
cause of complaint.
Capt. Samuel Searle, Commander of the General