The Sun.
London, England, 1822-01-23 00:00:00

ADIMIZAtatV SESSIONS;

[Further Particulars.]
Yesterday .tohn Stebbin_gs, W. Butcher, jun.. T..rini4, W.
Butcher, sen., and John Denny, were put to the bar on an in:.
dictment charging, that a 'certain • brig called the Westmor-
land, being on the high seas, anhl, within one mile of Lowes-
toffe, on the coast of SteiThik, in a state of distress, and thht a
life boat having put off to the assistance of the said brig, the
defendants did conspire to prevent assistance being gis'en, and
in pursuance of such conspiracy, did cut away a rope, by which
the life boat was fastened to the said brig.
Sir. CHRISTOPHER ROBINSON, the King's Advocate,
opened the case.
Thomas Bates was a seaman on .board the Westmorland,
bound from Stockton to London. She unshipped her rudder
in a gale of wihd on the 7th of December 'last, going over
the sternpost, not far from Lowestoffe. ; she broached to im-
mediately, and became unmanageable, and went aground on
the Newcome." She drew ten feet water. Her cargo was
valued at about 6,001. Her .admeasurement was 198 tons.
When she struck she was in danger of going to pieces. The
master immediately-gave orders to let go the anchor, and great
fears existed that she would go to pieces, 'as it did not stop her
striking. The cable was cut, and a signal of distress hoisted.
Four or five ' pilot-boats came out to ' them, and amongst
them a yawl called the " Seamen's Assistance," with about
15 men on board. Denny and the other prisoners were part
of the crew. They threw a warp to the boat from the brig,
and the yawl hauled alongside under the weather-bow. Shortly
after a life-boat came off to them, previously to which the yawl
put two men on board, Stebbings
.and W. Butcher,
1 jun. 11 lien the life-boat came alongside, the signal of distress
was flying, but as soon as Stebbings got on board, he went
and began to bawl it down. No order was given by the Mas-
ter to do so. The life-boat came alongside while Stebbings
was- haWling down . the signal. She came under their lee-
bow' and were rowing in addition to having sails. Lieuten-
ant Harmer was in the life-boat, and he made her fast to
the brig. The men in the yawl sung out, " cut her away,
cut her away." When Stebbings had hauled down the sig.
nal, he came towards the starboard-bow, and witness asked
him to assist him in 4hrowing a warp into the life-boat, as
she had then only a small rope on board. Instead of doing
this, he leaned over the bow, and cut away the life-boat,
which drifted away. The wind was at . this time blowing
strong from the southward, to which point the tide was set-
ting very.strongly. Tlie sea was very high. The witness at
this time went to Captain Rider and said; " the villains leave cut
the life-boat away ; " to which he answered, " the villains, the
villains !" No one had ordered. Stebbings to cut the boat away.
—The ship was in danger of going to pieces at the time when
Stebbings heard Captain Ryder say " the villains, the villains;"
he came up and said they had no business here, the ship is our's,
and we have got the ship. "We are your .saieguards and
protectors—you are as safe as if you were ashore. and we will
take you ashore." "i itness then went away, and did not hear
what was said. The brig began to float ; the yawl was towing
from the stern of the brig ; it was owing to the rising of the
tide that the vessel floated ; the crew put additional sail on the
brig, which was got off the sand, and into quite a good channel;
she remained twenty minutes after the line had been cut; did
not perceive at the time that she had Water in her; when she j
got into deep water she would'not answer the helm ; the people
in the yawl pot four or five men on board ; the sails had been
put up with the assistance of John Stebbings and 1i iiliarri
Butcher, the younger ; shortly after witness went to the pump
.he discovered that- the brig was •• sinking, and desired the
people in the yawl to bear up, and take himself anti comp-
. mons in ; the yawl people got on board the yawl, as did the
cabin boy and female passenger, and then they went away and
left the witness, the master, ardfour seamen on board ; those
on hoard called- to them to come back, but they did not do so;
the prisdners must have known there were persons on board the
brig ; the yawl was big enough to have held the crew of. the brig
in addition to her own, and twenty. more ; the life boat was
abOut a quarter of a mile to windward at the time ; the line of
shore lies N. to W. ; does not think the life boat could have
heard the cries from the brig ; . the wind was
,very high ; the
people in the life boat could not have seen the people of the
brig wave; the Captain (Ryder) seemed quite helpless from
distress. The brig continued 'driving towards the shore. Thu
crew went immediately to clear the, boat, into which two of the
seamen got. The ship. took the ground, and the second time
the sea struck the boat it was washed over, and the two seamen
were lost. The witness was washed up into the main rigging..
The Master was at' this dine aft, and having been knocked down
by the tiller, which was worked up and down, the witness told
him-that lie and another, named Sutheran, were going up. into
the rigging, and wished to take him with them: they stopt with.
him till he died. He (the Captain) held on as long as life re-
mained, and was then lost. Witness and Sutheran renihined
in the rigging until between twelve and one o'clock. Lieute-
nanant Harmer came on board, and said to the witness, they had
no, need to tear, forlie would not leave them, and that he would
stop on.board till they were rescued; which he did.. The Lieu-
tenant searched about for a line, to give to any boat that might
come out to them, his own having berm washed away. A boat
came out, and a line was thrown from it to the brig, and Lieut.
Harmer made it fast. He then assisted Sutliff= down the
rigging, who was incapable of doing so himself; and assisted
him into the boat and got them safe ashore. Lieutenant Har-
mer's boat was obliged to leave the brig immediately after he
had been put on hoard.
Wm. Sutheran, cook on board the Westmorland, corrabo-
, rated the statement of the last witness.

Robert Clarke, a cabin boy, saw Stebbing cut down the sig. I
nal. The Capt in did not give any orders to do so. Witness I
was standing by the Master when the signal was taken down.
Witness heard the yawl people say, " Cut her away; cut her
away 1"
Robert Thomas Carter, commander of the life-beat, reached
the brig about three o'clock. The yawl was alongside. The
witness was in the act of getting alongside, when the yawl bawl-
ed up, and one of the young men went up into the larboard
main rigging, and cut down the flag of distress. Did not See
him go to the 'Master first. Shortly after the other man came
round, and cut the rope by which the life-boat was made fast.
Heard the people in the yawl call out to cut away the life-boat;
saying they had no business there, and were not wanted. The
people in the yawl used oaths, and; abused the life-boat people.
Lieutenant ilarmer made the life-boat fast to the brig. •....;aw
the yawl put two men on board just before the life-boat made
fast. Saw one of the /men belonging to the yawl shake the
rope by which the boat was made tast, and heard him say,
" D—n your eyes, let go, and take that THING ashore, you
have no business here." Saw one of the men from the yawl
cut away the life-boat. Observed one of the crew of the brig
throwing out a warp to the life-boat. •
Lord STowELL—Mr. Harmer, the conduct of you and your
brother officers has been highly-meritorious; and the Grand
Jury have recommended that it should be brought befOre the
Admiralty-1 shall take care that that is due.
John Fowler, a Gentleman who accompanied Lieuts. Har-
mer and Carter the first time the life-bett went out, saw the
signal of distress cut down, and heard the abusive languagt
used by the persons in the yawl. Saw the life-boat cut away.
If the life-boat had been suffered to remain, no lives would
have been lost.
The 11ev. Bartholomew Richton lives at Lowestoffe. In a
conversation with Denny remonstrated with him on the impro-
priety &cutting away the life boat, to which he answered, that
he had done nothing contrary to the usage and custom of boats
going out to ships in such situations.
John Humphrys, one of the owners of the -W,estmorland,
stated that Denny admitted lie was the owner of the
There was not more thin 1,0001. Saved, as a great-deal of the
property was stolen. The salvage and expellees' amounted to
70V1. The value of the cargo was between 5 and 6(KWI.
Thomas Aldis was on board the life boat, and after the brig
• had got off the sands, went within fifteen yards of her. -They
did not hail the life-boat; if they had, could have been along
side the brig in a few minutes; there was nothing to prevent
the crew of the brig telling them, if they had wanted.assist-
ariee ; the yawl remained-quite long enough for the crew to
haVe got- in three times over.
Henry May, a Trinity pilot, s:tered the life boat ; there were
two yawls and two gigs ; the " Seamen's A'ssistance" arrived
before the life boat.
Mr. GURNEY was about to put a question relative to the im-
lzeision on the Court as to the first possession, which was ob-
jected to, and overruled.
Lord STowELL said, if this case had come before the Court
of Admiralty, not one farthing of salvage would have been al-
lowed. In fact, the owners-had been extremely ill-ad Vised to
pay one farthing; for if that was allowed, the persons who
might first get on board might tarn the master out of posses-
sion, and let those, and those only, they might think fit come on
board. The idea was completely erroneous.
The witness, Henry May, again examined. Thinks the
yawl was strong enough to to have steered the brig, if she had
had no water in her. _ _ _

The case being closed for the prosecution,
Mr. 'GURNEY addressed the Jury on behalf of the priSoners;
in the course of which he said the question here was not
whether the defendants had acted ignorantly as to the law
and the usage of the coast of Suffolk, but whether they
had feloniously conspired, and in pursuance of that 'conspiracy
had cut away the rope and hauled down the signal.riag, or
that they had actually deserted the crew with the intent
to drown them, notwith*Mnding they Lad gone out at the risk
of their lives to save them.. He dwelt on the fact of four
of the defendants having accompanied at.midnight the gallant
Lieutenant Harmer, to the vessel, and contended that though
the men might have acted under erroneous impressioni, yet
there was nothingin the slightest degree to warrant so grave
and serious a charge; a charge, that if made out, would de-

serve the greatest pUnishnient. Mi. Gurney Vim rrodeedirigiit
an able speech, when
Sir CHU ISTOPHER -ifoniNsoll said the object of :the AAIL
miralty was, that a full and fair examination of the.transactio,''
should be had, and the next wish of the 'Court was, that whew.
there was nO particular atrocity to deal with, mercy might .17b1
shewn ; and therefore, in- pbrsuance of a communication betweOf
the iespective gentleinen enncerned, a verdict .would be t4keL7
against one of them (Stebbings), arid he would be let Out onlOi
own recognizance to appear when called on.
Mr. Justice BAYLEY, in a forcible Addrms, explained the
erroneous idea nndee whiCh Mariners on the-Sn(folk.coast ac,tetl7,
and informed them that the firstio),at Which arrived ,vias.na-t-P
have the exclusive right to lid with tbe'property,7as tile.Capto
could use his ownxiiseretion whether or not he would have ad4i'.
tional assistance. The law was the only means by whit% ques7
tions relative to salvage could be decided If persons yen!.
ture to set up their own judgment in oppbsition to the Carair,
they forfeit all claim to salvage. Ilis Lordship then salt?, -"c
was agreed that a verdict should be returned against Stebbing6
and that the prisoners should be acquitted of.the.con-spiracy,
Lord STowEt.t. addressed the Jury, and fully concurred 0
the law laid,dOsin by Mr. Justice Bayley.
The Jury
,ieturned a verdict of acquittal, 7 as-to the -Coo;
spiracy, &c., and found St2bbings Guilty, on the Count, 01
cutting the life-boat away.' . -
Mr. Justice BAY LEY said, he was convinced that .the;pt?
soners would feel grateful 'to the prosecutor for :the =Mier
which the trial had ended.

-Stebbings was then bound, in his own reeogriganec of OW
to appear when called on.
The Sessions were adjourned till Thursday, the .'lst
March.

Faont THE LONDON GAZETTE, JAN: 2j*

NVIIiTEIIALI., JAY. 21, 1822:

The King has been pleased to prese'nt the Rev. WiMans
Spencer Whitelock, Clerk, !Waste! of Arts, td the Victtregc 0!:
tiedney, in the County and Dio'.iese of Lincoln, void brtta
death of the Rev. Dr. Douglas.

BANKRUPTCY ENLARGED.
\V, Edwards Chatham, /ineh-draper, from Jan. 22,tp,3Iarc.
12, at eleven, at the Court of Comrnissipaers. .

BANKRUPTS. • .
W. Mann, Thompson; NOrfolk, farmer,' to surrender, Fob. -
6, at. four, and 7, at nine, and March 5, at four, at the SOrfoLi
Hotel, Norwich: Attornies, Mr: R. Barber, Fetter:lane ; and-
Messrs, E. and G. Cooper, East I.).2reham, Norfolk.
J. Thurbon, March, Isle of Ely; Cambridgeshire, drapeAl•
Feb. 6, at seven, 7, at ten, and March 5, at twelve, at the eirif''
fin Inn, March. Attornies, Mr. E. Barley, Mardi ; and Mr'
S..N. Meredith, Lincoln's-inn, New-square,
T. Gallon, Leeels,Stuff-therhant, Feb. 19, 20. and March ;if
at eleven, at the Court House, Leeds. Attornies, Mr. Making'
son, Middle Temple; and Mr. Foden, Leeds.
C. Lea, Ha} wood, Salop, maltster, Feb. 4,. at five, and Feb;
5, and March 5, at eleven,. at elicited Lion Inn, NeTport, Sa-
lop. • Attornies, .111 r. " Hicks, Gray's-inn-square; and Mr'
Brookes, Newport, Shropshire.
A. Murcott, Warwick, draper, Feb. 11, 12; and March 5, at
eleven, at the Swan Hotel, Warwick. Attornies, . Mr. Bur,
bury, Warwick ; and Messrs. Meyrick and Broderip, Itod
Lion-square.
J. Buckland, Chard, Somersetalfire, miller, Jan. 28, 29, as
March 5, at eleven, at the George Inn, Crewkerne, Somerset-
shire. Attmnies, Mr- Hine,. Essex-court ; and Mr. BaW-r,
Ilminster, Somerset.
J, and T. R. Pigram,- Maidstone, Kent, grocers,Yeb.
and March 5, at twelve, at the Court of Commissioners. At'
tonnes, Messrs. Amory and Coles, ighroginorton,stceOf
London. .

C. Tatncr, Horton Kirby, Dartford,' Kent, farmer, Jam. 24;
Feb. 2, and March 5, At ttn,,.at the Court of I (-)u.lriiissiotr34,
London. Attorney, Mr. Collins, Great Knight ki:.4.ler-strcce,
Doctors' Commons.

W. Fell, Workington,, Cuniberland, broker, Feb. 11, -2111,
and March 5, at eleven,-at hits,-2 of H. Salki:l4l„.iankeerli
Workington. Attornies, Mr. 11. Fakon, Ella-court, Teroiaf
London: and Mr B. Workington.'
T. Edwards, Brighton, Susses., merchant, Jan. 26, Feb.
at ten, and March 5, at one, at tht! Court of .ConnrdesionciO'
London. AUorney, Mr, Warne, Ledenitill-street.
.11..Valentinc, Hatfield, Hertfordshire, miller, Jan. 26, Feb'
2, and March 1,, twelve, at at the Cot;rt of.. Connissioner4,
London. Attorney, Mr. A. C. Bond, Ware, Herts.
King, Coyentry-court, _Hakmarket,grocer Feb. 5, 04
ten, 19, and March .5, at eleven, at the Court of grocer, Feb.
Attorney, Mr: Carlon, High-street, Mary-le-bonc.