The Sun.
London, England, 1856-12-05 00:00:00

LA W INTELLIGENCE.--Dec. 4.

COURT OF CHANCERY.
(Before the Lord Chancellor and the Lords Justices.)
THE OFFICIAL MANAGER IN RE WINDING-UP ACT AND THE
ROYAL BANK 01' AUSTRALIA.
The Court gave judgment in this case to-day. The
appeal was from the decision of Vice-Chancellor Stuart
and Mr. Justice Erle, who held that a call under the
Winding-up Act was to be considered, not to be a spe-
cialty debt, but a simple contract only. The Court below
having decided that it was a simple contract only, the
appeal was brought. The assistance of two common
law judges—namely, Mr. Justice Cresswell and Mr.
Baron Martin, having been called in, these two learned
judges stated that they were of opinion the debt was a
' simple contract only.
The Lord Chancellor, in giving final judgment to-day,
said he agreed in the opinion which had been ex-
pressed by the Vice-Chancellor and the three learned
common law judges—that the debt was a simple con-
tract only.
The Lords Justices Knight Bruce and Turner were
inclined to hold a different opinion, but under the cir-
cumstances they felt bound to concur in the opinion ex-
pressed by the Lord Chancellor, and the judgment of
the Court below was accordingly affirmed, and the appeal
dismissed.

ASSIZE INTEL IJGENCE.—Dec. 4.

WESTERN CIRCUIT—WINCHESTER.
(Before Mr. Justice Coleridge.)

MURDER AND PIRACY.
This case, from its shocking atrocity, caused the court to
be completely crowded ; but, by the excellent arrange-
ments of the Wader-Sheriff (Mr. Hadfield, solicitor, of
Southampton), all inconvenience was obviated, and the
most perfect silence was observed during the day.
Giuseppe Legava, Giovanna Barbaland, and Matte°
Pettrich, three Italians, were arraigned on six different in-
dictments—one for the wilful murder, on the high seas, on
the sth of July last, of Joseph Pattinsou ; another for felo-
niously stabbing and wounding, with intent to murder,
John Scotland and Daniel Cullen; another for piratically
stealing 11 'sovereigns and a half-franc piece, with divers
other things, the property of the said John Scotland and
others on board the British bark Globe. The other indict-
ments varied the charges against the prisoners, and the
whole offences were charged with having been committed
on the high seas, on board the said ship, on the sth of July
last.
The jury was aomposed of five foreign gentlemen resi-
dent in Winchester, and the remaining seven were taken
from the assize petty jury panel, and M. Bacigalupo, of
Portsmouth, was sworn as interpreter.
Mr. Coleridge and Mr. Russell were counsel for the pro-
secution ; and Mr. Yonge, at the request of the learned
judge, undertook the defence of the prisoners.
The indictment for murder was first proceeded with.
Mr. Coleridge opened the case by stating the different
facts upon which the prosecution asked for a conviction.
The learned counsel dwelt with much force upon the cir-
cumstances attending the case, and then called the fellow-

ing witnesses :
George Nelegan--On the 2d of July last I was a boy on
board the Globe, merchant ship, lying in the Bosphorus.
The three prisoners were also on board as seamen. Thera
were also two other foreigners. They went by the names
of Angelo and Big Jack. There were also on board the
master and mate, Evan Evans, J. Pattinson, D. Cullen,
and D. Thomas, making in all seven Englishmen and five
foreigners. We sailed on the 4th of July. My watch
was from Bto 12 that night. I turned into my bunk at
half-past 12. I slept in the forecastle. J. Pattinson and
David Thomas slept about three feet from me ; they were
on the port side, and I was on the starboard. There was
a dim light. I did not sleep. After some time I saw two
men come into the forecastle. Pattinson and Thomas were
then in their bunks. One of the men who came down had
a piece of lighted candle in his hand. They went to Pat-
tinson's bunk. The candle was then blown out. After that
I heard some heavy substance fall out of Pattinson's berth,
and I heard a noise and a groan. The two men then came
and sat down on the chest opposite my bunk. They were
talking in a foreign language. They then went up the
ladder on deck. I then went up the forecastle to try and
see what was going on. Barbalano saw me, and came and
stamped down the hatch. He had a sheath knife in his
hand, upon seeing which I let go and fall into a hammock
lelow, and there saw David Thomas coming down with his
hand to his neck and blood streaming from it. I called to
him, but he did not answer. I remained where I was for
an hour or two. . At last, all being quiet I went up into
the forecastle, and there saw Pattinson lying alongside my
bunk with his throat cut. He was dead, and was covered
with blood. I had heard some running about on the deck.
Pettrich had a pistol in his hand, and Barbalano had a
long knife. I did not notice any blood on the two men
when they came down. I asked them not to hurt me.
Pettrich caught hold of me, kissed my cheek, and said- in
English, "Me no touch you." Barbalano and Pettrich
rauksacked all the men's chests, and took some clothes.
Pettrich took some money from Pattinson's chest. An-
gelo and Lazaro afterwards came down. They had knives
in their hands. They took clothes on the deck. Some
time afterwards, hearing the mate call out something, I
went upon deck, and saw five men pulling away in a beat.
No foreigners were then on board. I saw Evans and
Callen in the captain's cabin; everything was in a state of
confusion there. We then went to Constantinople, and we
went on board the gunboat Recruit ; the officers then went
on shore, and afterwards brought Lugano on board. Lu-
gano recognised me as soon as he came on board. The
other two prisoners were brought on board. I cannot say
who were the two men who came down to Pattinson's bunk.
Cross-examined—l saw Pettrich kneel down by the dead
body of Pattinson, and, putting his hands together, he said,
" Oh, my God !"
David Thomas—l was a seaman on board the Globe. On
the 4th July we left ,the Bosphorus for Balaklava. On
the morning of the lith July I was awoke by awful screams.
I looked out and saw Big Jack and another man with him.
They had a lighted candle. Big Jack came towards me and
stabbed me on the neck and breast, and cut me in the
throat. Pattinson was then asleep in his bunk. I then
saw Pattinson fall out of hie bunk on to the chest. I knew
him, because he was baldheaded. I was wounded immedi-
ately after I heard the screams. I felt blood falling all over
me from the bunk above me before Pattinson fell out of his
bunk. My bunk was under his. I called out for help, when
Evans came about half-way down the ladder, and went up
again, as I told him to mind himself as they were going to
kill us all. I afterwards hid myself, and remained hid for
three hours. Some time after, hear ing the mate's voice, I
went ou deck, and saw men rowing away in the ship's boat.
I went to the forecastle for my clothes, and I there saw the
body of Pattinson lying covered with blood. I saw Evans
and Cullen on deck. They were both wounded and could
not move. There were marks of blood all over the ship.
There were two shirts in the longboat covered with blood.
Before this time all the crew had been on good terms.
When Legava was taken he was wearing a shirt of mine.
He had shaved off his whiskers.
John Cullen—l was also a seaman on board the Globe.
All the five foreigners were on deck together that night,
conversing among themselves. I called out to Barbalano to
relieve me at the wheel, which he did. The others ought
to have been below. I went to the head of the vessel, and
in going there I passed the other four foreigners. Legava.
and Pettrioh always spoke in English. I then took the
wheel from Legava. Evans came to me and gave me some
information of what was going on in the forecastle. I
begged him to go down into the forecastle, and I saw hi:a
going. Legava then came round me at the wheel, and I was
shot under the left year; it was done by a person a little
behind me. I fell down on my hands. No other person
was near me. Legava then ran past me and cried, " A
man-of-war." A piece of lead was afterwards taken out of
my neck in the hospital at Therapia. I lay down on the
scuttle. I lifted up my head and saw the five foreigners
together ; they were making a noise among themselves. I
was leaning down the scuttle from loss of blood, and then
I was stabbed in the back; it bled very much. I put my
finger into the wound in my back to stop the bleeding. I
then received another wound on the right-hand side of my
neck. Evans was also wounded. I afterwards heard he was
dead. I was too bad to see the foreigners leave the ship. I
was taken to the hospital at Constantinople, and I saw
Legava wearing my bouts there.
John Scotland—l was master of the ship Globe. On the
13th June I shipped the three prisoners at Constantinople
as part of my crew, together with two others na wed Angelo
and Big Jack. I afterwards shipped Cullen, Pattinson,
Nelegah, Evan Evans, and David Thomas. These formed
the crew on the 4th July. On that morning a steam tug
came
klava.
alongside, about 4 n'clock, and towed our ship for*
abort six hours. We then proceeded on our voyage to Bala-
gonel went to bed about 12 o'clock that night, having
about ee
milesnot from the talaleeeßp.ospThhoerums.atlecarae to enea'
turnedintony
berth, but did t
half-past 3to know
ing down I
her the time. Immediately upon his corn-
mate then two reports of pistols. I and the
and Cu ut.,lllen . then nt
on
the poop-deck. Evans
called out that they were
shot. I saw Legava „
pistols in their hands, wnbdic Angelo at that moment with
tbebed, but did not go off. h they presented at me. They
tne. We were both unarmed, and pointed his pistol at
into my cabin. I then miaeofrd called my men to come
cabin. I found an old musket t musket I had in my
fastened to a walkingstick, arrel which I cleaned,
we kept watch. I caused the „slant it, and with this
signal of distress, but I afterwards foundbe. hung out as a
We remained below from half-past 3 till
i.iot
()torn in a boat
I was below 1 saw Legava at the whoa. I 'clock. When
asked the foreigners what they wanted,
but
thoseveraslitimes
thing till about 9 o'clock, when Angelo said all they' wanted
was was money. Upon this I gave five sovereigns to the mate,
who put it in a bit of paper and lashed it to the end °l a'
eatnrod, and handed it up to them at the companion door.
Angelo said they wanted more, and that that would not *lo.
I could hear the rest going about the dock atthis time, but
I could not see them. When they asked for more money
said I had given them all I had, and would allow them to
come down into the cabin, to which Angelo replied that.
they should like to see my berth. The mate and I went
into another cabin, teed the prisoners came down into the
state room. A.eee.llo came first, the others following. Le.-