The Sun.
London, England, 1841-09-22 00:00:00

CRIMINAL CO URV—(THIS DAY.) 1
OLD COURT.
(Bcfrre Mr. Justice Maur.E and Mr. Baron Por..rE.)
unnta ON THE HIGH SEAS.—Richard H. Langley,
a sailor, aged 2.6, was indicted for the wilful mwder of James.
Dixon. on the 16;h of May last, on the high seas.
_Mr. Chambers and Mr. Deane appeared fur the prosecution,
and Mr. Ballantyne defended the prisoner.
Mr. Cicae4nEas stated the case to .the Jury, and called the
following witnesses:— '
Thomas Evans, examined by Mr. Doane.—Was a seaman
on board the res4el called The Leopold de la Rosa, which was
boned from Monte Video to Havre de Grace. The prisoner
at the bar was secon 1 mate, and Dixon, the deceased, a common
seaman. On the pith of May his watch was from eight to twelve
at night, en deck. The prisoner was on deck du7iog that time.
He gave orders to the crew to sing out every half-hour. Dixon
the deceased was at the wheel then. Ihe prisoner also ordered
the flying jib and other sails to be taken down. Dixon was
there also, and the prisoner gave him orders to clap on the
tackle fall ; Dixon said to himself then, he could not see why
he should he humbugged in that way, and he would complain
to the Captain ; he went towards him. The Captain was then
lying' on the hen-coop. Witness did not hear what Dixon said
to the Captain, but he heard the latter tell hint to go to his
work, and upon Dixon saying he would not, the Captain
ushed him and struck h m on the face ; a scuffle ensued, and
whsle this was going on, the prisoner fetched a capstan bar out
of the rack and struck at them, but which he struck witness
could cot say. After this Dixon ran forward and the Captain
ran down to his cabin and when he came up he had two pis-
tols and sword in his hand ;he r-,n forward, together with the
pr soncr, afier the deteastl; Did not see a ything more till
Dlxon was brought on deck. Part of his entrails were then
hanging out. The pri-over and the Captain were by him.
Dixon was taken down to she steerage, when the prisoner said,
" No one should see him but that he should die like a dog." 'the
Captain at the time had the sword in his hand, and the prisoner
and the chief mate had bosh of them pistols. The same even-
ing all hands were called down to the cabin. The Captain was
there, and told them to look at his head, where there was a
wound, which he said had been done by Dixon. The wound
appeared as if it had been done by a hand-spike, and not
a knife. Did not see a knife in Dixon's hand before he ran
forward.

Cross-examined by Mr. Fallantyne—When this occurrence
took place they had been out at sea six weeks. The Captain
was a Frenchman. At 11lon'e Video the crew had bten
sticking oat for more food, and Dixon used to grumble very
much about it. Never heard him say he would scuttle the
vessel. W itriess had signed a paper, but could not tell what
it w. s. Dixon, in a former part of the voyage, bad been put
in irons, and two others of the crew, a Spaniard and a Scotch-
man, had also been put Li irons. Did not see any struggle
between the mate and Dixon. Did not hear the mate cry out
that Dixon had a knife in his hand.
Re-examined by Air. Doane—When they grumbled about
food, the crew said they were not treated as tstey were on board
the Eng.irli vessel.
John Harris was one of the crew of the vessel. Was on
deck at halc-past eight o'clock in the evening in que,tien.
Dixon, this deceas d, was at the helm. At nine o'clock heard
the ;nisi:tier give the order to Dixon, which he said he could
not do. When Dixon wnt to il'e Captain he shoved Dixon
forward. After this Dixon went forward, and the Captain fol-
lowed, and upon his refusingg to do what the Captain told him,
the Captain ordered him to he put in irons. Atter this Dixon
went down en the second deck in irons. The Captain then
a .id " Don't put him in irons, I %ILI make him work or send hini
to hell." The Captain then struck Dixon, upon which he
knocked the Captain down, took him by the collar, and said,
Will you strike me for nothing again ? The second mate thee
seized a capstan-bar, made a strike with it at Dixon, but
struck the Captain. Dixon then struck the second mate, when
he rai ihe would send a knits through him. lhe Ca;tain th.int
went into his cabin, and brought up a sword and two pistols.
One of the pistols he gave to the fir-t mate, and the second ma:e
tuck the ether from him, and ran lerward. Before the Cap-
tain parted with the pistols he cocked them. Dixon at the
time was in the forecastle. All three ran forward to the wind-
las end. The Captain hauled off his waistcoat, cap, anti shoes,
and ran forwardaowards the scuttle end of the vessel, but he
did not see him go down. The Captain cried out where is tha'
son of a b--, and the second mate said bouse him and haul
bins. up. Saw Dixon brought up stabbed, when the Captain
said, Don't let;any one go near him, let him die like a dog.
Before Dixon died they were all called on to see the
cut on the Captain's head, which he said Dixon had
d one with a knife. Had heard Dixon say he came from
Exeter. Witness came from South Wales. Dixon used al-
ways to past as an Englishman. The prisoner had told him
thih he came from Cheshire.
Cross-examined—Had betted the prisoner say he had signed
articles on board a, an American, but he was an Englishman.
Witness had not quarrelled with the officers iu harbour, but did
about the grub. The passage was an unusually long one, and
some of the provisions were spoiled. When Dixon said to the
Captain he could not do the work, the second mate said,.
" You had better say you won't do it."
One of the crew, a Spaniard, corroborated the evidence of
the two last witnesses.
David Burns was also one of the crew of the Leopold de la
Rosa. When witness came out of the head, he saw Dixon run
down into the forecastle. The Captain came forward with a
drawn sword, and the two males had a pistol ; the Captain
called out for Dixon, and then went down into the forecastle
hatch. The two mates stood on the deck by the hatch. The
Captain told him to go below, and upon his saying he conic
not do sa, the Captain struck him with his sword. Witness
then sect are you going to kill all on board, on which the
second mate said if he said another word he would blow hi -
brainii out. Witness then went below, and he saw Dixon lay-
ing with his entrails hanging out. He then ran up stairs, and.
cried out Dixon was dead, on which the Captain said let him
die like a dog.
On cross-examination the witness said the prisoner had told
him he came from Cheshire, but had been brought up in
America.

J. Hunter, who was also one of the crew, gave similar testi-
mony. When the Captain came below he catched Dixon by
the throat. He took his sword and run it through his body
twice—once by the navel and once in ihe groin. '1 he Captain
then went on deck. Witness got nut of bed and laid the de-
ceased on the forecastle deck. The Captain and the Mate
then called out to bring Dixon upon deck, and when they slid
they could not, as his entrails were hanging out, the captain
ami mate said, " Bourse him on deck." Dixon died the same
night.
Cross-examined—Did not see the prisoner bring the de-
ceased a blanket. There was some grumbling about the
provisions.
George Spiers, who was also one of the crew, corroborated
the evidence of the last witness. Was sure that it was the pri-
soner at the bar who said " if you cannot get Dixon up, get
some tackle and bouse him up."
Cross-examined—On the voyage the crew knocked off
work once, and also in the harbour, because they
did not like to go out to sea unless they had a long boat.
Wm. Brown, Francis Habit, and Wm. Ruby, all of whom
belonged to the crew of the vessel, gave similar evidence.
Mr. Buchannan, a passenger on hoard the Leopold de La
Rosa, heard the prisoner say that the person who rendered
Dixon an) assistance was a dead man. He also stated that he
was glad the captain had done it.; at the same time he said tie
was sorry that he had not had an opportunity of doing it ; for
it: the captain had not done it he would certainly have done it
himself.
Cross-examined—Was formerly a cabinet-maker at Monte
Video, and went to Havre-de Grace on a speculation with some
wool. On going to the Consul at Havre for a passport, he was '
requested by him to attend at the Home-office for the purpose
of giving evidence in the present case. Had had some words
with the second mate.
Re-examined—Was in Havre three weeks before ha applied
to the Consul for his passport.
Naeoleon Denchenon, a Canadisin surgeon, corroborated the
evidence that had &ready been given as to the unfortunate
transaction and its results. The Captain told him that he
had soli his sword through Dixon twice, and that he was dying.
When witness offered t' go down to I .ok to the wounds of
Dixon,the Captau said he should not. When Dixon was brought
up, witness examined the wounds, one of which was near the
navel, and the other in the groin. Before Dixon died he saw
him and the prisoner talking. and he hoard Dixon say it was
1 is intention to have struck the prisoner, and not the Captain;
he aokrd his pardon, and the pri-oner then took Diann in his
arms, kissed him. and said he forgave him.
This closed the case for the iirosecution.
Mr. BALLANTYNE submitted, on behalf of the prisoner, that
the Court had no jurisdiction in the present case, inasmuch
as the vessel irs which the crime was committed was a foreign
one, having a foreign Captain, and trading from one foreign
port to another, and that parties who committed offences on
board such vessels were amenable to the laws of the nations to
which such vessels ' raded, and not to the Admiralty of England.
Mr. CHAMBERS submitted that the statute of the 27th o
Henry VIII. chap. 4, gave the Court ample jurisdiction.
Mr. BaLLANTYNE contended that the jurisdiction given by
the 27th of Henry VIII. was suspended by the Act by which
the Centtal Criminal Court was constituted.
Mr. Justice MstuLE said the Court would consider the ob-
jection that had been taken by the Counsel for the prisoner,
but the trial bad better proceed.
Mr. BALLSNTYNE then proceeded to address the Jury on
behalf of the prisoner, and had nut concluded when we went to
press.