The Sun.
London, England, 1802-10-26 00:00:00

•

1.1./IVAL

YARMOUTH, Ocr, :5:

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MARGATE, OCT. 24.

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" T. see the Aetor's rctezit in hir mita."

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DEAL, Ocr. zs. ,• ,

•
SAILID yesterday afternoon to Sheerness, His Ma-,
jesty's Sloop Savage ; and last night for Ply mouth,
the Amazon, Galatea, Magicienne and ii/c/tiene
gates, and Sophie ind. Raven Sloops.

ARRI'ED the Diana Packet, AIoaTLEMAN;ina
Princess Royal Packet, SANTER, from Cuxhaven.

DISTRIBUTION OF PRIZE-MONtY. • '

To the Theseus and Tigre, for the capture of sundry brass
Runs and shot on the Coast of Syria, a distribution will he
'!.L-ade on Tuesday the 26th inst. at the King's Head, Down-'
111 g-street,
file Gun-Vessel Plumper, for the Capture of the Brig
sally, will be paid on the tst of November next, at No. 6,
Stanhope-street, Newcastle-street, Strand.
The Sloop El Corso, for the Genoese Polacco La Con-
cezione y San Vincenzo di Ferrara, and also for the French
Privateer Le Tombeau des Tirans, will be paid at Nu. 13,
Barnard's, Inn, Holborn, every succeeding Thursday.
The Sloop Fairy, for the capture of the Vriendschaft, will
ue paid on Thursday the zBth inst. at No, tz, Upper Thames.
street.

Friday a signal was made on board the flag
iship in Hamoaze, for a Court Martial, to be held on
uoard the Courageux, of 74 guns, Captain 0.
I'IARDy, who was President, and J. LIDDEL, Esq.
Judge Advocate. The trial commenced at ten
O'clock, on Lieutenant SOUTHCOTE. of Le Renard,
of z 4 guns, Capt. CATHCART, in Hamoaze, for a
charge of tyranny and oppression, preferred against
him by Mr. MITCHELL, late Purser of Le Renard.
At three o'clock the Court adjourned to Saturday
at ten, when the trial again commenced. The
Evidence being gone through for the Prosecution,
and-Lieutenant SOUTHCOTE having delivered his
Defence; the President and Court acquitted him of
the charge preferred against him.

tv 1."174,11 our season is near upon its close, yet
ec" still boast of numbers who linger over the
'cchcs of past enjoyment. KTODMAN thought it
w°tth hii while to have a Ball on 'Monday last, and
t
thought rightly, for he had a very brilliant and
•flualerous assemblage, who, to a lye hour, tripp'd
" " the light fantastic toe," a quotation some.
"hat trite, but very descriptive.
On Tuesday the Theatre presented us with The
?or Gentleman and The Midnight Heir. The
title of the Play was too well illustrated by the
Teceipt of the House, which must have been a very
Per one indeed. There was a Grand Ball the same
everting at Ramsgate, which probably injured the
:Theatre.

On Wednesday the bills of the Theatre announced
Benefit for the laudable purpose of increasing the
Stock Of THE BENEVOLENT FUND, a truly charita-
tle and philanthropic Institution, founded by Mr.
bRArER, one of the Society commonly called
Quakers. It is situated in a charming spot, where
the mind may at once feast on the beauties of Na-
lure, and contemplate the blessings of Benevolence.
„.
-Ole Houses which constitute this Institution, have
each a garden. The centre mansion is allotted to
the Governess. There is a Chapel appropriated to
Ike religion of the SeEl. The present Governess,
Nits. BEALE is eighty-eight years old, and it may
truly said that
" Age sits with decent grace upon her visage,
" And worthily becomes her silver locks.'

The Play on this interesting occasion was Lover's
I'0:7-cis. The part of Frederick was performed by a
Gentleman from London, whose talents would have
entitled him to approbation even if he had not ap-
Peared in support of so interesting a cause.
13'y way of Interlude a scene at DaArles was
4 t rod uce d Trustee by Mr. Ls B4s, Mrs.
-Peale the Governess, by Mrs. TAYLOR. This
little Piece, which was written by Mr. LE BAs,
Who' a&ually in the situation which he represents,
vas intended to explain the nature of the Charity.
lan; and
to advantage as Author, M.lor, and
4, and Mrs. TAYLORirepresentcd the venerable
Governess with admirable simplicity and truth of
natafter. CHARITY, however, on this occasion,
4.„ee;n6d inclined to illustrate the truth of her prover-
-at coldness.

, On Thursday Ktr)DMAN's lamps were eclipsed by
tie sparkling. dyes of his Female Guests.
Ittacbetb was represented, on Friday, at the
heatre, and in.a very respeaable manner. through-

The Mana'ger allotted Saturday night at the The-
atre, to his Performers. Richard was performed,
*or the first time, on public boards, and merely for
that occasion, by a young Gentleman. The amia-
ble purpose of the deed must smooth the brow of
Carrie ISNI, and induce her, if we venture a parody,

A melancholy accident happened at Deal Castle on
Sattirday night last. Three of Lord CARRING-•
roN's women servants, induced by the mildness of
the evening, imprudently ventured to bathe on the
beach between nine and ten at night, unknown to
the rest of the family. As the shore is steep and dan-
Vrous at that place, two of them were soon out of
their depth. The cries of women in distress were
heard in the Castle, and several persons ran out to
their- relief. -The bodies were brought on shore,
and medical assistance was immediately procured.
Pos., of them was soon recovered, but every me-
thod of the Humane Society was tried on the other
for several hours, without success. She had lived
in the family for several years, and was the daughter
e. f one of his Lordship's tenants.
John Denham,-supposed to be a principal in the
iburder in Compton-street, Clerkenwell, and for
iwhose apprehension a toward was offered, surren-
),ereti. himself up to the Gaoler of Giltspur-street
'i,omprer on Sunday night : he yesterday underwent
!.short examination at Guildhall, when he *as re.
hi-fed-to die Office in Hatton Giirden, to exacain-,
with the rest of the Prisoners-

. 1-:It .'.;iiri.i t;tl-8 illailf.rgt.
.. f-, .4:-.;1- '', .-. : , • i
.„
, ''-4 , i , Wrf! • , ".'"r4;;; Tl:', - '
. • : ::' :. ' .
i
; . :II r. ::Vtll'::',....DrlOY Lane, .
,
Tile 'Tragedy of /11,,::); 011ie* of' S'e.c.!..c 'ivas repro_
aerated last night 'at 'this 'Theatre. ' it is •a very
heavy Piece, and deniands"lhz:pOwerS of first-rate
Performers, in the piincipal CharaaerS, to renderl
it at all interesting. By the power:ill •stipport of
K4iBLE and Miss. Stoooris, it obtained a short.
lived reputation, and as their'talents are withdrawn,
it will probably sink into oblivion;
...,.
Mrs. Epp,a. performed the part of the unfortunatie
*Merry, with great, feeling, and, would have been
more affecting, if she had displayed a less elaborate
'pathos. -But she certainly struggled under consideT-
'able disadvantage, in following the great Aaress
-we have mentioned.
After this dull Tragedy,. the once celebrated
,Operatic Farce of Midas, was for the first tune
brought forward at this Theatre. It is a wh'itn-
sical, extravagant Piece, and not without entertain-
pent.
1 - The charafters were tolerably well supported.
:SUETY seemed to be afraid of giving way to his
humour.in the part of Midas, which we clovlbt not
:he will hereafter sustain with.more spirir. He sung
ithe. air preparatory to the contention between Apollo
:and Pan very ably in point of skill, and 'with a
'mixture of .humour that excited much applause, and -
induced the Audience to demand it again.
KELLY was very successful in Apollo. He gave
all the 'airs very well, and particularly that which
has' been so long hackneyed, " Lovely Nymph," in
which he was encored.
Mrs. BLAND was the Nysa, but she was too
much indisposed to be able to sing the -airs. Mrs.
MOUNTAIN'S Daphne was conspicuous in the: Piece,
and she sung admirably. Pan was well pelformed
by CAULTIE LD, and Silenas by Di GNI/M.
Miss TraER, who is unfit for Mysis ii, point of
age, assumed a disagreeable antiquated tone, which
quite destroyed every pleasant note ,of her voice ;
she, however, gave the-part with huniour.
This Opera is brought forward wit h imignificence
and beauty. The opening scene, - rt"Tresenting the
Heathen Deities in Heaven, is-very. splendid, and
the gradual elevation of this Scene produced a fine.
effea. 'The last Scene, exhibiting Thfercury and the
Muses, was also very beautiful.
The House was crowded, and the Akuclience seem-
ed to receive the Opera like an old Favourite, that '
reminded them of past pleaiure, arid that deserved
to be revived.

LEW IS is so much recovered. thax he was able to
attend the Rehearsal of the new Cc medy, yesterday
morning, at the Theatre. This e,. trly return to his
professional labours, is very honour to his sense
of duty, and we hope that it is fully sanaioned by
medical authority.
The new Piece, a House to Let, properly enough,
comes from the same quarter as. F;;ist Floor.
We hope, for the sake of the res ve6tal:,le literary
Builder, Mr. Cons, that his new . Urarsatic Struc-
ture will be well tenanted.

Notwithstanding all that has bee 11 said of Mr.
SH LID AN'S intention to bring foi tward his long
promised Piece, The Foresters, we ha we to expeaa_
Lion of an original Drama from his M use very soon.
Rumour, however, says, that he is al )out to revise,
and alter a Piece, written by one of o or old English
Bards, which, with some of his anim sting touches,
may become, in point of success, anot her Pizarro,

Since Mrs. SZCOND has been annc taxed to per-
form at the Bath Concerts, after a sec. !ssion of many
years, the Musical Amateurs of that elegant Place
of Amusement are all on the tip-toe c A expetation
to hear her sing.
Mr. VANBRUGH, late of Bath, $o generally
known, who was last week interred at : St. Stephen's,
Walbrook, was the only Nephew of t, he celebrated
Sir JOHN VANDRUGH, whose Son was killed at the
Battle of Fontenoy.—He has bequeathe d part of his
property, after the death of his wife, t, 2 a relation,
a Mr. VANBRVGH, in Lancashire.

No less than thirteen Clergymen haw( started for
a Perpetual Curacy in the City, which is in the gift
of the inhabitants of the Parish ; sever. 11 of these
Candidates for the clerical comforts of r 5 per an-
num, have families of seven or eight child. ren.

PUBLIC OFFICE, MARLBOROUGH-S ritEET.—
On Saturday Mr. Luke Hansard, Printer, of Great
Turnstile, Holborn, charged William Du( hey, one
of his men, before JOHN SCOTT, Esq. th e Sitting
Magistrate, with leaving his service, anc I a parti-
cular work unfinished. Dudley, in his defence,
alleged, that lie had given Mr. Hansard t he usual
notice to quit his employment, and before the ex-
piration of such notice, being unable to proceed
with his usual work, he applied to Mr. I J. who
offered him the work in question, which ha d been
begun by another hand, and that when it was given
him to finish, he requested of Mr. Hansard to allow
him the usual pay of eighteen-pence per she et for
additional trouble. This he had refused to (I( i, and
therefore he did not think that he was bou4d to
go on with the wotk. Mr. Hansard said, tha t the
demand was unreasonable, and that no Printer ever
paid such a sum per sheet. He called two res pec-
table Printers to this fa& One declared tha,: he
paid no more than a shilling per sheet ; and the
other said, that it was not the regular custon t of
the trade to pay the, sum demanded. It bet ing
intimated to Dudley that'an apology would sari: tfy
Mr. Hansard, he requested of the Magistrate tl tat
he might be permitted to withdraw with some of
his friehtis who were present. He was permitted to
withdraw, and on his return he wished to ma: ke
such concession as the nature of the case require a.
Mr. Hansard said, that he would not accept of an y
apology ; that he had brought him before the Ma. i-
gistrate to answer for his condua, and,,that then :-
fore he left it wholly with him. Me.: SCOTT of '-
served, that if. he did not eliuse. to accommoda re
the matter, he must of course follow the stri
Letter of the Law, which, in cases of this kin
authorised him to commit the Defendant to priso ti,
optionally, either for, three months or one mond
In this case he should inflkt the mildest punishment:,
which was, that he be committed to•the House o t
Correction for one. month. lie WAS accordingl:,
tile/DlRittect,

BAILEY;'IIiwiDAri. Ovra iSj

AbMIRALTY
TifE Court was funned it nine O'clock, .When the .
'Commission was cisperied; and the, Grand Jury sworn,
tupOn which -
Sir \V. Scbir deliVered to_thetri "a,charge, near-
)y, as we could hear it,. to the following effea
." Gentlemen, you are noW.Callea upon to exer-
cise the funaions of a Grand JurY•for the jurisdic-
tion of the Admiralty of,England-; an in„iuiry into...
all offences committed on. the High Seas ; Offences
of every description, as the Law now stands, Com-
mitted in every part of the globe where the ocean
flows. The local extent of the Admiralty has'been
immemorially the same, and is anaffeCted'by the-
Statute which new-models the 'form- of proceeding
by the establishment of this Commission','' but
the limits to which the authority; of this Coin_
mission is confined by statute, now extends to other
offences besides those that are of a capital nature.
In former times, inferior offences Were_not cog_
nizable in a Court of Admiralty, but a late statute.
has extended the authority of this Court to every
species of guilt upon the High Seas.
" I need not inform you, Gentlemen, that file
duty of ,Grand Jurymen is precisely the same now
as has always been by the Law of the Land, it is
to inquire with vigilance, but with carrion,- whe7
ther any criminal matter imputed to an individual,
on testimony not incredible, is such as ought 'to'
put him to the painful. necessity of defending his
good name, his personal liberty, and, possibly, his
life itself, on a public trial ?
" The termination of the late War has happlty
put an end to offences which arose our of that state
of Society in which it was placed, particularly with
regard to criminal offences which have painfully oc-
cupied the attention of this Court, and which were
unusually prevalent from the melancholy relaxation
of principle which caused them, and to which so
many of the late disorders of the world were owing,
which are now most happily over, but which
prodUced, amongst others, the crime of assisting
the open Enemy, engaged in enterprizes at Sea, by
which men were acting against their King and-
Country. Your attention will be, for the present,
directed to such crin.es as often arise out of an ordi-
nary state of human society. It is indeed probable
that Murder may be submitted to your considera.
tion ; but that is 'a subjea, unhappily, too familiar
here to require any instruftion from me. Cases of
persons in the command of ships, possessed (by a
just and Wise policy of the land), of strong power,
to be used as means of general safety, not fur the
purposes of private malice or of vengeance, may
come before you ; if cases of that kind should be sub-
mitted to you, on credible testimony (for you will
remember that personal dislike, and turbulent passions
may lead to very unjust crimination) ; but if cases
are supported by testimony not incredible (for it
may happen that death has been occasioned by an
undue use of such power), you would refer the in-
vestigation of such a case to a more public inquiry.

. _
" Anoth,:r offence is likewise to be submitted to
your inquiry—that of destroying, and of procuribg
to be destroyed, 'a vessel, in order to defraud the
Underwriters.—To Commercial Men, as probably
most of you are, it is quite unnecessary for me to
dwell on the nature of this offence—you are well
aware that the Trade and Commerce of this Coun-
try are great sources of its opulence and power—
and such Commerce is, in a very considerable de-
gree, carried on and maintained at the hazard of
that numerous body of men, the Under-writers ;
for it is by them the commercial enterprizes of indi-
viduals are supported, with little diminution of
property, and entire security—upon them, and
upon them almost only, rests the hazard of that
traffic in which so much of the income of this Coun-
try is essentially concerned.—lf any case of that
sort comes before you, you will regard it with the
serious attention and gravity its importance merits,
but without the least mixture of passion or preju-
dice against the individuals charged ; you will take
care that nothing you have heard, or may have read,
shall in the least degree of et your inquiry.
Gentlemen, I will not detain you longer from
the discharge of your duty, than by simply ob-
serving, that if any question is suggested to you
'respeding the jurisdiction of this Court, as it may
apply to the case of any individual in the transac-
tion into which you are about to inquire, you will,
I am assured, think it proper for you to refer it' to
this Court, from which you will be entitled to
assistance."

The Grand Jury then retired, and proceeded
upon the bills before them, many of which were
found.

MURDER.

John Ferguson, the Captain of the brig Ann,
was charged with the wilful murder of T. Fel._
nandes, a Cook •of that vessel ; charging tliat the
Prisoner, as such Captain, countenanced and en..
couraged J. Jones, the Mate, Malcolm Ferguson,
the Steward, and T. Willoughby, another Officer

on hoard, in beating the Cool; with a rope on the
9th of January, /Soo, while the vessel was on her
voyage from Antigua to London, of which beating
he died the same day.
The ATTORNEY GENERAL, Mr. JARVIS, and Mr.
PEAKE, conduled the case for the Prosecution.
Thomas Gannon was the only Witness in sup.
port of this charge. The following is the sub-
stance of his evidence :—That he went on board
the ship Ann as a foremast man. The Prisoner was
Captain of her : the deceased was a Spaniard ; was
Cook of the ship. Was on board in November,
for the Witness found him there when he came,
which Was 011 the Ist of December, / 799. The

- .
deceased was a very healthy stout man. " The ship
came from Antigua for London. The Witness then
proceeded thus—" My Witness—tas if the prose-
cution was hisj—is not here. He is gone away,
and' was 'not permitted to appear iti Cotirt. On the
9th of January, I remember the weather was very
bad. The ship, 1 believe; was at that time in
the Channel, but not far from the Bay of Bis'cay.
Capta'in Ferguson put us on short allowance on
Christmas My after I cattle on liciard;-and 'we 'had
only about four ounces per' man .of I6ur per day ;

what flint there 'was, -the S4ewaid dressed in the

cabin. —Therd Were riirieteen of cleceased
got no allowance at all for
_dude days. liqeould
.•

. .
not 'speak Thee' beat upon tne deein
on the .6th of Jantiarri icoe. When there :vas
very. had weather;, thq Captain ordered that the
sailstword:
sohrokti.
tl3dp
dbri k
e eeecfe d '.lie ;
he asstate : he cattle upon deck... I sawejames.jones beat
"%!t:
him with a rope's end; Thv,captgin was standing
by, on the comparlion, aratsaw 'what they were do,.
'ing to the man; 'who was; then upon his•lenees, and
begging for mercy ;
.but .the Captain bade. Jones
:linym., and give it ,him. Jones might
_beat him
Joliattbout three minutes, very severely;:nande t4c,-
'C?pfain sung out , to•
egiveseit . Malcolm Fer
'gown, the Steward,, was then called by,the,Captain,
to assist. the Mate; who was tired ofe4h.,'Priting there
Cook, .and the•Steward.laid, on him with. his fist :
when be..was tired, Willoughby came..., Mialc .
beat him over his, head,, face,. shouldersy, or. any:
place where he could hit him. The Captain .w is
standing by all this while in the corpnion, bid
ding them to give it him heartily. Willoughby
s ordered by the Captain to. give the cook. an-,
other threshing. The Cook was then standing- oil
'the quarteT-deek Willoughby, with aerobe ;pour.:
three inches and an half in circumference, beat the
!Cook severely ; and the Captitin aeetin said, " giv,en
it him." The vessel was then roliing, eery much
and 'the man staggered very much ; Willoughby foi-
,lowed; and continued bearing him, ant) theecap-
'Jain continued telling him; '' to go on." It butt
:my feelings very much. The Cook was then very,
weake and would have fallen over board, if I had
:nOt.put forth my hand to prevent him. He fell, and
his mouth was opened with his agony, :Arid the .
water was coming into his mouth. The Captain
Was standing by, on theCoiripanion;:at thi"s time tool;
he looked at me and said, " See how the
laughs.' I said, " I had no hand io it." 111w-ied,'
'him out of the wafer andtput his hands on theeap.
'sten. Smith, one of A. 13 men onboard, ,was. going
to put the Cook 01it.,,0f the waff, and
,the Cape,
to=n s,aid to him, :" will be yotir own .ease
to.morrow. " I laid the man straight, and tilt"
Captain said to me; " That's right, Toni,.
Make a straight corps of him ;" and asked me it.
he was dead ? I said '' no, but that he *as iii
a fair way for it."—A hammock was got, andehe
man was then dead in a few minutes''---he wag'
sewed up in it ; and the Captain Ordered that litr
sliald be heaved over-board, and.l got liiitTon'hie
gang-way. The Captain said soMething about
.the
liVing and the dead. The man 'that thre'W The.
body over-board let go the plank,; and thC Cantairi
Made use of an angry expression, and" sCetri'd.
think a great dthd of- the -kiss of the plank, Whieh
fell over-board, and then said; the COOk be'
in the East Indies to.morrow morning with ,
holy Father the Pope, (alluding to the Cot•ile.'s''
being a Roman Catholic) he could not live in
England; it was too cold for him. The'dainairi
then said he was oat of the Mess; meantni;
there was but one person less to consume the iiijtutisi
while the men' were upon short
man died in consequence of the treatinenteh 1••
on board. On the •i§th of the- month.a-
Privateer came in sight of us ; she was called .aft
'Riche on the zid she took use we Shortened
our sail for the Privateer to cOine up to us---I
thought at first sight, that she was-a
and
a French one, and the Captain said so ; an-of!
according to the orders of the Captain en that
casion : we were taken by that Privateer 'anel'
carried into France, and did not return until Jtinee,
was afterwards brought home, and gave infornla:;
tion to the Under.writreti at Loyd's, from the
Royal Hospital at Deal."
He underwent a long Cross-ekamination by M't
.GARROur, in which (among many things) he,s‘Vnte"
!most positively, that he had no dotibt but the Cap.,
fain ordered his ship the Ann, to Ice to, irl order
'that she might be captured by the Preneh; and 'in
order to profit by it in making his deniandtipon
.the Under-writers, he being much over-insured.
—That the Captain made no offer of; -resistance,'
not firing a shot ; and *that he declared Wore hint
and many others on board, who were riot piesent.
to-ciy to give evidence, that it was his wi:,h ton
into their hands, ,Sec. That he, the*Witne:ss,n
wrote a Letter to the Under-writrs to that elitsN
when he came to Deal, (which he did, and ,aid
.Letter was afterwards read.) The Witness ac-
knowledged that he was one of the Delegates on
board the Gibraltar, at the MIT, at the time of -the
mutiny there; but all the' Crew of that ship had
received His Majesty's pardon. He denied all
criminality of intention in becoming a Delegate;
:saying, lie did it purely for fear of deatha halter
being presented to him as the alternatilte. lie
swore most positively, that. he never on any occa.,
sionn said lie would be revenged of the (Saptain
when he came to London, &c. See.
On the part of fhe Prisoner, a written Defence
was given in, and read by the Officer of the
Court. It was drawn with moderation of langdage
and prudence of. assertion : the leading features of
Which were; to submit to the Court that the cone
dud of the single Witness who appeared for the
PrOseention, was not founded on a Sense of duty,
but on malice.

Four Witnesses were then called, ‘OllO conL,
tradiaed every material assertion of Gannon, the'
Witness for the Prosecution.. They were all:
on board during the whole time the ljecease,l
Was there. They said he was in very indifferent
health when he came. They were all a great
while on shOtt allowance, and the deceased was
very indifferently clad, and their opinion was, that
he died of "Starvation:' That on the day of
his death a storm arose, all hands were ordered on
Deck ; that the deceased was a Cook, but his place
was filled up by another who was a Landsman, in
order that he might_ do his 'duty in stress of
weather 'before the Mast. That when he came
upon Deck, he was able to go aloft, hat would
not do it ; that he was beat a teflt strokes by Jones,
and a few by Willoughby, on account of his nut
performing his dUty, and which they said they
obliged to do for HMI hut that the Captain
never saw Tones strike the
,man at all, he being all
that time in, the Cabin That when he saw Wit',
loughbY give him a few strokes, the Captain or.:
dered hith 16-desist. That .With regard to Malcolm
Fergason, he never touched the Cook at all, and
-that during the whole- of the; time he via; the
Cabin with the Captain, who was himself so 14rne.,

that withnw the help of Malcolm Ferguson, he
was uo.:hie come upon Deck at ail ; that the
words the Pope an 3 the East Indies, were
used,- ow 4 she Captain, hut hr Gonvni himself.
With reard r() the cruelty of die Captain towards
the deLeaseO, there wad en truth in it, on the e.m_
trary, ne, the Captain, had taken flannel cif his
own body to cover, this poor in in. That when he
appeared faint, the Ciptain ordered his temples to
he runbed with row, and warm toddy to be poured
down his throat, bit 4 he. died, oot from any seve-
rity of beating, for he was able to dodutyten
nures after 'that, hut' from "Srarvation" as they
ca, led it. '1 has Le had the same
ance as every other man On board, &c. That the
L. i•i. St •s as tar tiotn h, leg a severe man, that
he will, a lein,rkable humane one, of which they
have many it ,tanCes--(this chatatter was also given
by other witnesses.) That with regard to the
knit being !Asti, by a French privateer, it was the
effect of st,pctiar force, they being a sickly crew,
which had born a I,llg time on short allowance,
"t vipht 1.,11:.5, the privateer having 'lbw_
teen, &c. They added, that the charader of Gan-
non sucn, that they wouid not believe him on
his oath.

tvo Police Officers, proved, that they heard
Gannon swear, he would be revenged of the Pri-
soner; and called him a Bloody Murderer, &c.
&c. 'the Prisoner had been out on Bail, and sur.
rendered to take his trial,
Lord ELLENuottot7G4 observed to the Jury,
That the Frisoner at the Bar stood inditted with
several other persons, who did nor at present ap.
pear, viz. James Jones, Malcolm Ferguson, and 'F.
Willoughby, for the Wilful Mutder of T. Fenian-
des,-on.board the Brig Ann, by bearing him with
Ropes, so as to occasion his death. The points for
the consideration of the Jury were, First, whether
the ucath of this man was occasioned by the beat.

ing he had received ? Secondly, 'Whether it was
eecasicned by the beating of those.by whom it was
charged to have been inflitted. Thirdly, Whether,
it t!'e two first rim:, were determined in the affir.

mative, the beating was by the order or under the
countenance of the Prisoner at the Bar ? All these
points must he found it) the affirmative before the
points must he found iu the arrnarive before the
'rjoner could he involved in any criminality what-
ever. But before he could be found guilty of Mur-

der,-the jury must be satisfied that the strokes
..w) *ll were given to this man, were such as that in
his state of health, death was inevitable, or that they
were so given as that death was the natural and coo_
templated consequence of giving them. His Lord_
ship then summed up the whole of the Evidence,
obs.-rvations as he proceeded,

leaving the matter entirely to the Jury as a que,—
tion ot creoi icy the Witnes,‘ Gannon, witimut an

entire contidcnce in the whole of whose story, the

-.Prisoner Could `'tor be convicted of Murder, rind
without a considerable portion of credit to which,
the PrizAnicr could not he convieted of any offence

o.ver.

Thejury imtnedi4tely found the Prisoner—Not
.
GARRowmoved, That the Witness Gan_
non angh: Siand COMMirted to take his trial for
Perjury. Bur the _ Court observed, that as there
were so many persons on board this ship when !he
trinsaetion took place, and who might have given
evidence, and so few had appeared to give any A'.
count of it, the: Court was uuc warranted in ticking
that catine.

Ci-lARG OF MURDER.
John Bo'well Was also chatted with the commis-
sion of this offence. The indittment, in substance,
was for beating and striking, with a certain piece
of rope, on the zgth of March last, William Dar-
lington, on the back, head, and other places, and
also hitting him with a wooden mallet, upon the
back ; and also for hearing and striking him vii).
lently with a certain' other piece of rope, on tire 3d
of April ; in consequence of the Wcunds anl bi tri‘e,
lie received therefrom, that he, the said Wiliam
Darlington, did languish and die, &c.
The ATTORNEY GENERAL Stilted the case, on
the part of the Prosecution,' to the following of
The Prison- r was Master of aVessel from Li. erpool,
Called the Aariana ; :hat she sailed from that Port,
for the River of Demerara, in January last. Some
time in February she arrived there, and continued
until the 4.th of July, when she sailed on her re-
turn to Liverpool. On the zoth of March, while
the ship lay at Demerara, the deceased, a lad about ,
fourteen years of age, and an apprentice on hoard
the ship, was employed in beating chalk, in order
to pay the seams of the vessel. The Prisoner came
Upon deck vvhi'e the lad was so employed, and ob.
serving some of the chalk scattered about, and an.
patently wasted, addressed him very angrily, and
immediately pr. ct4ded to heat him with . a mire's
end, as described in the Jndictment with this hr
brat him very severely, more than once knock, d hia
down,. and also struck hitti while he was down:
after this, the Prisoner ordered him to go doWn
from the deck, which the deceased, being 'rtrt, fr.)
the beating he received, endeavoured tnd, a, web
as he could ; that while he was on the ladder, tht-
Pris Oner seized a mallet, and flung it with violence
at the deceased, and Which-hit him on the,b.ick, on
which the lad fell down the ladder. On examinati.m
soon after, he had every appearance of being severe-
ly hurt. Notwithstanding this, it appeared, that
on the 3el of April, while the deceased was employ_
cd-in paying some of the seams of the' vessel, the
Prisoner cause up, and again heat him violently with
the end of a rope. Alter this, tl.e lad grew very
ill ; a Surgeon was sent for; but every applicatiOri
was in. vain : the unhappy buy languished until the
etch. when he died.
•
These were, according to his instruelins, the
kri'oaN EY GENERAL oC),erved, the circumstances
of the Cafe.a.-eAfter what had recently • passed, he
felt there wa; no necessity ~of warning, the Jury to
attend minutely to its merits ; the char;e 'was of
importance, not only as it aired the life of
an individual, but it • was necessary to 'strew the
inferi6r order of Mariners, in a commercial court_.
try like this, that they were as fully prote6ied
by the. laws as anv otter class Of His Majesty
Subjea,. pci the other In d, it •Seriously

s.--•.

itoved Juries to attend to the circumstances, as
there were cases in which • there existed too
strong grounds to susret that charges were falsel,
made, and there may exist other points in cases
which would'call for a !humane consideration of
their merits on the part cif a Jury. In the present
instance he had to observe that the Prisoner had
been committed on the testimony of one of the
Witnesses only ; that an application being made,
it appeared to the Magistrate to be of that nature
in which bail might not be improperly taken ;
in Consequence the Prisoner was admitted to bail,
and since duly surrendisted himself for trial. Ukeio
the•whole, the case was such as required the utmost
attention of the Jury on both sides of it, by which
means alone they could best jiidgc of its merits.
George Royle was then called.—He stated he
had been a Seaman on hoard the Adriana ; he knew
Win. Darlington, the deceeased; he was a bo)
about fourteen years of age. He was present at
the time he was beat by the Captain (the Prisoner)
and re nemhered to hear the Captain say to the de-
ceased, " Go down and bring up the chalk •itnme.
diatcly, or I'll cut you in inch pieces." The strap
that he beat the deceased with, was made of the
strand end of a hawser, with a reef of knot in it :
the rope may have been about two inches in cite.
ctimference ; the knot end was about twice as thick,
the length was about.a foot. He-.saw the Prisoner
hold him by the collar with one hand, while he heat
him with the rope in the other ; he beat him with
violence on the head, back, and sides: he gave
him many blows ; he heard the deceased cry out,—
" 0 Lord, Capt. Boswell, you'll kill me." The boy
fell down, and the Prisoner struck him while down,
with the rope. He afterwards saw Captain Boa_
well standing with a mallet in his hand, over the
fore_scuttle ; at that time he did not see the de.
ceased ; he might have gone down while his (the
Witness's) head was turned. The Prisoner flung
.the mallet down with violence, and immediately
after he heard the deceased crying between decks,
in a pitiful tone.
On the 3d of April he saw the deceased puttying
the seams of the quarter-deck. lie appeared then
to be in a crippled state—not able to move about, as
before he was beat. 'He saw the Prisoner take
the end of a rope and severely beat the deceased on
the back and sides, during the space of three or
four minutes; he could not hear distioaly what
words passed. On the 6th of April, he and most
of the ship's company saw the body of ,the de.
ceased ; the Mate took off his shirt-i-his-back was
in a shocking condition, had several large black
wounds in it, and the skin was broke in different
places. Th6lad said, " Captain Boswell has killed
rte--I shall never sec my mother," lie had been
on shore atter the second heating ; the Second Mare
went with him, he appeared to be in a crippled
state. A Surgeon was sent for to attend the boy,
and he saw the Captain several times go down to
tom in the fore-castle, where he was in a hatntnoek.
On the morning of the 7th cite deceased came on
deck. He heard the Captain ask why he came up?
To which the, b iv replied, he could not stop below.
fire Capt-,in ordered his bed to be brought upon
deck. In the evening of the 7th, -the boy was put
into the Carpenter's bed, in the steerage. He was
then unable to turn in bed, and scarcely was able
to speak, he was then in a dying stare. He just
got out " U Lord, my hack," and added the Wit_
(less, " I suppose he meant to say the Captain has
murdered me." In the course of an hour he died.
On the next day, the Bth, the body was put into
a coffin on deck, and sent on shore to be buried.
The boy, he said, was always lively and cheerful
before the first beating, and the Witness observed
that he could not say that the Captain had any in-
ention of murdering the boy, but, that to the best
of his judgment, he died in consequence of his
wounds.

This Witness underwent a long and close cross.
examination by Mr. GAR ROW, the Prisoner's lead-
ing Counsel, in the course of which,. arnoQg. other
p ,trus, it transpired that disorders, particularly the
West India fever, come on: very suddenly in that
climate ; that they suddenly pull down the strongest
man ; that in a short time after Darlington's death,
faur.of the ship's company died of the fever ; two
of these were taken together, and very soon
taken • ff, that in about the' Curse of a fortnight,
the four men alluded to, were taken off; that they
were. not more than two or three days dying, and
that-. they were all very hearty men, before they
we're taken ill; They were visited, as was the
deceased, by a Surgeon from Demerara, of the name
of Simpson—that the deceased was publicly buried
—that some of the crew had disputes with the Cap.
fain, and that four of them, of whom, three were
entered.. as Witnesses. for this Prosecution, had
been -in custody in consequence of a charge ex-
hibited against them by. the Captain,. before the
F.i.cad la Magistrate of that Colony), for breaking
open the store.room, stealing rum; .and for a mu-
tinous refusal to obey his orders—they were _un-
prisoned fourteen or fifteen days at, Demerara. He
bad been ,everal times on shire at Demeraraias well
as the others, set down as Witnesses, and after the
decease of D alington, and never made any charge
.against the Captain : the affair of the imprisonment
was before the boy's death : they arrived at Liver-
viol on the 3d or 4th of July, and were several days
on shore there without making any charge of this
na,ure. It was nor until he came up to. London
that the determination was made. He saw Phillips,
Riley, and the others, in town. He was posiiive.
he had never expresed any resentment against the
Captain, either in words or writing, only with re.
gard to the boy,,` as he thought his death was owing
to the wounds given—he wished the Captain might
be brought to ja.,tiee.
On this assertion being repeated, the Learned
Counsel produced a letter, wft ten by the Witness,
to a Mrs. Rogers, the Landlady
,of the Ship's Com-
pany, at I..Verpoffl, from WhoM, it appeared, they
had abruptly d' parted. This contained a great
deal about the dispute between the .Seamen above
alluded to, and the Captain, relative to arrears of
wages,
.&c. wh:ch, in
.s'orne tlygree, appeared to
grow our cif tilt affair at Demerara., for which they
were imprisoned and, among other expressions of
resentment towards -the Prisoner, contained words

to the following erfea:—.6" To punish that
Old rascal, •the Captain-, which we are now in a fair
way of doing : We have a Writ against him for
Debt, and after that,. another for Damages.—Our
Attorney tells us we can ruin him, whichyouinay
depend on it shall not be wanting on our sides,"
&c. and a good deal mire to this effeet. The
Witness at first affected to be .father dubious that
the letter was his hand-writing, as hands may be
counterfeited. When the material points of the
letter were read to him,. he expressed his opinion
that the letter was a counterfeit. But upon the
Learned Counsel saying, that he would- not part
with him,. except for Newgate, until he should ex-
pressly mid-decidedly &dare, whether or not the
letter was his bud-writing, reluuttntly brought
our.—'' It is my hand-writi,z, .1 am certain."
At this part of the trial, the Grand Jury came
into Court, to return their decisions upon •the Bills
sent up to them-when some were foun.i charges of
Murder, and other offences.

A conference then took place between the Bench
and the. Learned Counsel on both sides, relatke to
the caste hefore the Court ; but •being•colduded ire
an under.tone- of voice, wewere precluded from
hearing what passed—it was terminated -by• Mr.
Biron TttomrsoN's observing to the Jury,: a; we
understoW, to the following effed: that •the• Court
were sat isfied the Evidence to be adduced, was of
that nature that-the Prosecution should not proceed;
on which t the Jury were direaed to acquit the ni-
soner, w hich was accordingly done.
Mr. GARROVr then addressed the Bench, in
sub,tanct !, and observed, it was proper it,should be
publicly understood, that those kind of Prosecutions
were gra•wing upon them in' such a.way, that the
Commert i.al Interests of the Country. must. suffer,
unless they were checked. He should, therefore,
have .to pray for a Copy of
.the Indictment in this
case, in oruer 4harthe much-injured Dai-111ra may
have an opt ,ortonity of dui-g himself ju.tice.
The Coun-t Was then adjourned till nine
.o'clock
to-morrow.

PRICE-OF HOPS.

amens,

• -