The Sun.
London, England, 1802-03-17 00:00:00

LIEUTE:j.Lvf LUTIVIDGE.

to have been carried to the Hospital.
" Mr. N&-ale, Surgeon's Mate of...the Resistance,
was then called, who proved that he attended the
body to the Efospital, and -delivered it at the dead-
cell, on the 7th in the evening. lie was not Called
to the deceased until the morning, when it was too
late to render him any assistatlee, He reproed
the Sailors near Fagan fur nut calling him sooner,---
who said, they thought him only drunk, and were
therefore unwilling to complain, ;—from the appear-
ance of tlie•body, and the report of his comrades,
Witness thought he had died of suffocation or apo-
plexy froth drunkenness.
Mr. Stevenson was again called, whci 'stated,
that, from.the appearance of the body, particularly
about the "face and breast, he had'at first formed the
same conclusion : but being desired two days after
more minutely to examine, he diseded a Barber to
shave the head, who discovered no injury. The
Witness, however, on feeling the head in different
parts, observed a small tumor, which he could
cover with his finger. This yielding to pressure,
he opened it with the scalpel, and on removing
the skin, a fracture, which he described, with a
depression of the bone on the brain, appeared,.
which he thought the cause of his death. Of the
cause he cord know nothing—a blow, a fall, or
any violence !night produce it. Of the degree of
violence necessary, lie could form no judgment,
the external marks of violence were so trifling.
On his cross-examination, he proved that Lieut.
Lutwidge attended the whole day on which the In-
quest sat, seemingly anxious that the business should
be fully investigated.
The Prisoner then delivered in a defence, of which
the fads not materially differing from the evidence,
adding others, which were afterwards proVed, and
arguing from the whole of his condud, that lie had
intended nothing more than to compel a drunken
man to yield his place to another; who could dis-
charge that duty which the deceased was utterly
unable to perform. This defence prochiCed a very
strong sensation in the Court.
Mr. Sherwood, the Officer on watch, in the ship
when the launch returned, .was then called—He
proved that the Lieutenant first quitted the boat to
deliver a letter on service to the Commanding Offi-
cer on, board ; that when 'the other Officers had
likewise left the boat,_ he was told by the Sailors
that there was a drunken man in the boat, unable
to get up the side of the ship—Fagan was then
hoisted in, and committed to the care of his mess- ,
mates, no suggestion being made to him that hahad ,
even received a blow.
Captain Digby said, That on 'the 7th he returned
on board, while Lieutenant Lutwidge was again
employed on shore ; that hearing a man was sud-
denly dead, he went to the body, and, while many
of the crew were standing round, lie sent for the
surgeon's mate to inspel the body and report.—
He came, and afterwards reported that he died of
suffocation or apoplescy from drunkenness. Capt.
Digby ordered the body to be sent to the hospital.
On the next day, a marine being executed in the
fleet for mutiny, the crew were assembled to hear
the articles, of war read. When the article which
requires them, if ill,-used by any officer, quietly to
make, known their complaints to the commander
was read, Captain Digby enlarged upon this sub-
jed to the crew, assuring them that he would most
readily listen to any complaint, and redress it—that

The learnedjudge in his charge bad distinaly
stated •to the jury, -that to constitute the crime of'
murder, the circumstances must be -suck as to indi-
cate a malignant disposition. He said that. every
_person io authority, master, officer, or father, when'
-he is-disobeyed by those under his command, has a
right, which. the law allows and the state of society
requires, to employ some degree of force to com,
pel obedience—but the means employed must not
be likely to cause death. If such an instrument be
used in the hurry of -the moment, without time to
deliberate or make choice of another, and death en-
sues, Ole person must answer fohhe consequences.
He will nut, in such.a case, be guilty of murder,
but of homicide, to which the. law has annexed an
appropriate punishment, : In passing sentence,
therefore, the learned Judge told the prisoner that-
the-Jury had, under the circumstances of this case,
fouud him guilty of manslaughter, beeause when
death ensued from sudden provocation, but which is
not sufficient to justify.the aft, the law requires a
satisfadion. He therefore adjudged him to suffer
three months imprisonment and pay a fine of r.ool.

ON Saturday morning, at Winchester, before
Mr. Justice LE •BLANC, was, tried a cause, which
hadfexcited much attention, that of Lieutenant
Lutwidge, of His Majesty's ship gesistance,
charged by the Coroner'S inquest at Gosport, with
the wilful murder of J. Fagan, a Sailor. The
Court was crowded as soon as the doors were
opened.
The first Witness called was a' - Sailor, who,
though the hour was eight in tht,. morning, appeared.
and exhibited a striking -instance of the
cha.ratter.of such men, when they can obtain liquor
by being, on shore. Of this man we shall only say,
that has (ie,tneanor. to the Judge taught ua not to

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