The Sun.
London, England, 1831-09-27 00:00:00

never observed any mark of disrespect or insubordination
by the prisoner towards the Captain.
By the Prisoner—l have frequently found it impossible
to distinguish in the day time the signals that were made
from their great distance; and they were frequently made
after dusk.
Mr. Strong, Second Master, sworn and examined by
Captain Belcher—l have seen the hat produced on the
quarter-deck of the Mna. I don't recollect when. It
was after Mr. B. had left the barge. The officers were
summoned on deck to see the hat about eleven o'clock in
the forenoon. I heard Mr. Backhouse - say that the First
Lieutenant had ordered him to do duty on the quarter-
deck, and not on the main-deck. The ship's com-
pany usually breakfasted, at that period, at seven ; the
decks were usually completed before that time. When
Mr. Backhouse waa ordered off the deck to appear like
an officer, I was not aware that lte was walking as
a Midshipman of the watch. I don't remember when
the Captain demanded the prisoner's warrant of him.
I did not notice at that time any disrespect in the
conduct of Mr. B. to the Captain. You called on me, as
caterer of the mess, and superior officer present, to state
my reasons for permitting language subversive of disci-
pline and injurious to the service to be used in my berth.
I don't remember your questioning me particularly on one
occasion with regard to Mr. B. The excuse I made gene-
rally for all the members was that there was no servant to
attend upon us ; we had to wait and prepare dinner our-
selves. We were only allowed a boy to attend fifteen of
us. I frequently complained of him to the First Lieu-
tenant with respect to the filthy state he kept himself in,
as well as the whole of the mess things, and without his
being punished for it.- On Captain Belcher's asking what
number of servants he had changed for the mess during
the last seven months, witness said the first two stewards
were taken away, as well as a bay, without any complaint
from the officers or himself. The next was taken sick,
and they had another. They had six altogether.
By the Court T—l am not aware of insulting or disre-
spectful conduct on the part of Mr. B. at any time to
Captain Belcher. I am not aware that Mr. B. at any
time ever absented himself from the deck when he should
have been on deck. lam not aware of any neglect of
duty on the part of Mr. B. I only know by hearsay that
Mr. B. ever quitted the ship in defiance of orders from the
First Lieutenant. lam not aware of any insulting con-
duct of Mr. B. towards either of the Lieutenants. I have
never heard any orders given by the Captain about uniform
until he spoke to rise on my being without a jacket on the
coast of Africa. i have seen nearly every officer in the
ship, while on the coast of Africa, appear on the quarter-
deck at times wit'aout shoes or stockings at all hours of
the day. I have seen the First Lieutenant without them.
By the Prisoner—We were obliged to take it by turns
to clean the knives, forks, dishes, &c. for our own comfort.
Mr. Logan, Surgeon, sworn and examined by Capt.
Belcher-1 find on inspecting the sick list that the pri-
sorir was sick on the 28th and 29th May last, while in
the Gambia. It was reported to me by Lieut. Quin that
the prisoner was about to leave the ship, but I do not re-
collect whether he was on the sick list at that time or not.
I have very repeatedly heard Capt. Belcher find fault with
the dirty state of the mess, and say that if the servant did
not clean it the main-topmen should.
By the COURT—The Captain told me in common con-
versation with Lieut. Quin (I think it was at breakfast),
that he found Mr. B. in the boat alongside, and that he
had ordered him out; and I should suppose the impres-
sion on my mind was that he was going without leave. I
am not aware of any insulting or disrespectful conduct on
the part of Mr. B. towards his Captain. lam not aware
that Mr. B. ever quitted the deck without orders, or
quitted the ship against the orders of the First Lieutenant.
I have heard of his having done so.
By the Prisoner—l recollect your being confined under
a tarpaulin in a place only four feet square, where there
was neither light nor air, and no officer in the ship was
allowed to speak to you. Lieutenant Quin told me it was
by Captain Belcher's orders. I believe you were released
from that confinement at my suggestion. I said to Lieut.
Quin, I thought your being kept there would occasion a
mental excitement, and he might safely report to the
Captain that your mind was not at that time correct.
By Captain Belcher—l should have hesitated to remove
the screen, although the patient's health might have
snffered, until I had seen the Captain or First Lieutenant.
Lieut. Mitchell sworn and examined by Captain
Belcher—l was on deck when the prisoner asked Captain
B. fur his discharge. I was called on to witness his con-
duct on the occasion. The moment Captain B. came
up the ship's side, the prisoner walked abruptly up to
him, and, with his face close to the Captain's, said, is
my discharge come down ? He did not salute Captain
B. and spoke in a sharp demanding tone. The prisoner
quitted the ship, in defiance of his leave being stopped.
I left word to be informed when he returned on board,
and while I was at breakfast the officer of the watch
came shown and reported his arrival. On or about the 6th
or 10th of September, I went on deck and found no
officer of the watch. I waited several minutes, and re-
peatedly called for the officer of the watch, when Mr.
Ross and Mr. Backhouse came up. Mr. B. said he had
the first watch; but was not relieved. I asked the gentle-
rn in of the sixth to eighth watch why he left the deck
before be was relieved? Anti he replied, he went below
for Mr. IL, for that he could not get him on deck with-
out. Mr. B.'s conduct was very unofficerlike, and I con-
sider disgraceful towards Capt. B.
By the COURT—When Mr. B. addressed the Captain
about his discharge, it was between ten and twelve o'clock ;
there were nearly the whole of the officers on deck ; but I
rt collect only one sir more of their names. Mr. B. when
addressing the Captain or myself, generally kept his hands
in his pockets or locked in his cuffs. More than once he
has done so ; scarcely a day passed hint I spoke to him
upon the subject.
Mr. Hopkins, midshipmen of the
but :Etna, was next swo
far
rn
and examined by Captain Belcher, nothing particu
transpired in his evidence.
Lieut. Miles sworn and examined by the COURT—I
was nn deck when Mr. B. addressed the Captain on the
subject of his discharge. He came on deck in a very
abrupt manner, walked up to the Captain very quick, anti
stopped suddenly in front of him, and said is my discharge
come down, Sir. I think his manner was disrespectful.
I did not hear the reply of Captain B. I recoil, ct two or
three instances of disrespectful conduct on the part of Mr.
B. towards the Captain, once when Mr. B. was in the
barge, and the Captain reproved him for some neglect of
duty, he sat on the deck of the boat, and did not get up
while the Captain was speaking to him. Again on his
leaving the Captain's cabin, he began singing very loud as
if he wished every one to hear him, as it he had gut into
a scrape, and did not care to get out of it. Ido not think
he did it to insult the Captain who must have heard it. I
am not certain that Mr. B. ever quitted the deck when on
duty. Ido not know that he ever quitted the deck in de-
fiance of the First Lieutenant's orders. I beand so from
several officers, but Ido nut recollect their names. Ido
not recollect ever seeing him with that bat on. His man-
ner is always abrupt but not disrespectful.
By the Prisoner—l observed you touched your hat when
you applied to the Captain about your discharge.
By Captain Belcher—There was, I thick, an order for
all 'officers to communicate to the Captain, and throueli no
other officer. On Mr. B.'s asking for Isis discharge, I
thought his manner more abrupt than usual. Mr, B.
dines! with the Captain or: his passage Lome with other
officers. Captain Belcher treated him with the same
courtesy as he did the other gentleman. I thought when
the Captain asked him to dine with him, that he had for-
gotten all. I have seen, after nine o'clock in the morning,
officers on the quarter-deck without shoes or stoekings.
have not known you to omit inviting to your table any
officers not under arrest. I believe that you did state
that you considered it your duty to ask them. I consider
that the order for the muster in the morning expected
every officer to appear in proper uniform.
This closed toe evidence on the part of the prosecution.
The Court was then cleared, and when re-opened it was
intimated that the Court allowed the prisoner until nine
oclock on Saturday Intl ruing to prepare his defence. The
Court then adjourned at a quarter to five.

SATuaDAy.--The Court met, as by adj turnment, at
nine o'doelt this day, when it having been stated that
Lieut. Quin of the .11:::tna was returned from leave, it was
thought desirable that be should be called.
By Capt. Belcber—l have seen that straw hat on the
prisoner's head. I had received orders to keep 11Ir. B, 011
the quarter • deck, and not allow him to do duty on the main
deck. When he came on deck the Captain ordered hint be-
!ow to re-appear as an officer ; he had on that hat, nearly
In the sante state as it is Inow. Ile came up again with