The Sun.
London, England, 1833-02-21 00:00:00

WATSON V. COLQUITT.

This was an action for an alleged libel, written by the
defendant in the form of a letter, which appeared in the
Albion newspaper, concerning the loss of the Rothsay
Castle, to which the defendant pleaded a justification.
The letter was written upon the loss of the Rothsay
Castle, on the 17th of August, 1831, on the Dutchman's
Bank, in her p tssage from Liverpool towards Beaumaris,
when so many persons lost their lives, and was to the
effect that the plaintiff's vessel was net sea-worthy, and
that it was its crazy condition that occasioned its wreck.

Mr. F. PoLLocic said the plaintiff's sole object in
bringiiig the action was to vindicate his character from
the imputation cast upon it by the unfortunate loss of the
Rothsay Castle. The evidence would show the care and
pains the plaintiff had taken to have the vessel properly
repaired, and that the loss was not attributable to him.
John Wright, Esq., Alderman of Liverpool, knew the
defendant Captain Colquitt. He is a Captain in the
Royal Navy, and lives in Cheshire. Witness was at Beau-
marls on the night of the 17th of August, 1831, and
assisted in saving passengers. Did all he could. Went
himself to the spot after the accident. Defendant did not
accompany him. Witness saw the dead bodies ; exa-
mined the wreck ; 22 were saved, and 92 perished. Wit-
ness looked at the ship's bottom. Some of the timbers
were branch timbers, such that they could not be squared.
Of course that timber was small ; thought it too small for
a vessel of that description. Great part was under water;
some rotten.

George Daney—Was an owner of steam-boats. Went
to Glasgow to buy a vessel for trade between Liverpool
and Wexford. The vessel was afloat, and was ultimately
purchased by the plaintiff. Witness was to have bad, but
in fact bad no share in her. The owners would not ac-
cept his offer. It was the Rotlisay Castle. Plaintiff
gave her new decks. She was in very good condition.
Cross-examined—The vessel was 16 years old. He
did not know whether she was or was not built for river
service. She was lengthened after she was built, and was
at the time of the loss 110 tons burden. The deck was
much worn. Nt•ver saw branch timber in Liverpool
steam-boats.

William Wilson—Repaired the vessel. When he first
saw her he thought she was not sea worthy, on account
of her bottom, which, in his opinion, was broken. Told
the plaintiff so. He said he had such an excellent account
of her that he thought she could not be broken. Repaired
her three times ; his account for the first repairs was 2501.
for the second 1501. In witness's opinion after the repairs
she was seaworthy.
Cross-examined—There is a great strain on steam-
vessels in rough weather. There was a week's interval
between the second and third time of the vessel being in
witness's dock. She had been leaking again very much.
She looked as if she had been built for river navigation.
She was a vet), old vessel, with small timbers.
Mr. Morrison, ship.carpenter—When she left the
patent slip she was seaworthy. He would not have
hesitated to have gone with her then.
Cross-examined by the SOLICITOR-GENERAL—Did not
you say when naked if you would go to sea with her,
" No, for she will prove a coffin somebody?"for
_

Witness, after much hesitation, I might have said so.
When she first left the dock I would not have gone in
her to sea.

Captain James Spencer—Was appointed master of the
Rothsay Castle in December, 1S30; superintended the
last repair. When the last repairs were made she was per-
fectly sea-worthy, otherwise witness would not have trusted
his life with her ; he went with her on her first voyage,
which was to Wexford, from Liverpool. It was very bad
weather. The passengers and cargo bore the sea very
well. She was sea-worthy and made no water. The
timber was sufficiently large; branch timber is better
than square timber; small timber is better than large
timber.

J. Pile, master mariner—Was commander of the vessel
on Spencer's leaving, in February, 1831. Went with her
to Wexford. The vessel behaved very well. She came
back in 37 hours. Had a very heavy gale. Only made
that one voyage with her. She was sea-worthy.
Edward Gore Taylor—Was supercargo between Liver-
pool and Wexford, in January, February, and March,
1831. In all the trips the ship behaved as well as a vessel
could do. Witness was on board the St. David on the
night of the accident. Saw the vessel to the leeward near
Ormeshead. The weather was very bad and the sea very
heavy. It was rough weather. Ormeshead is a dan-
gerous place. Saw her after the last repairs ; when
turned out she was in a fit state. Captain Atkinson was
drowned; he was a sober, steady, skilful, active man.
Hugh Jones, mariner—Knew the Spit Sand and the
Dutchman's Bank. It is a very narrow passage. The
strongest vessel ever built could not have got off the bank
on the night of the accident.
William Jones, Liverpool branch pilot—l went on the
voyage, when the vessel was lost, as a passenger. Got on
board at Liverpool. She started five minutes before
eleven. It was a very heavy sea. Captain Atkinson
asked him whether it was best to go over Chester-bar, or
td go outside the light-ship. He advised the latter. He
was on deck while off the Great Ormeshead, but not there
long; it was very coarse weather, blowing strong near
ten o'clock. There was a moon when the clouds were
driven off. She was going on very well. She made no
water at that time. The pumps were not going. He was
below when she struck. He was continually up and down
before. She struck on the Dutchman's Bank. He was
then down. It was about twelve. He came on deck.
He saw Captain Atkinson a few minutes after. He spoke
to him several times. He was sober, and doing his duty.
He was rather in confusion. He gave orders to reverse
the paddles, up jib and down jib, several times. We
were on the ground, and could not get off. There was a
very heavy sea. She was thumping heavy. The sea
broke over her very much. Many were washed over-
board. He was on the quarter-deck. He held by the
wreck of the quarter-deck for about live or six hours,
when the life-boat took him up. Sne held together for
two hours. If she had not been strong, she would never
have bed together half so long as.she did.

Evan Evans—Was seaman on board the vessel at the
time of her loss. I was awake when she struck on deck.
I looked down into the engine-room. There was no
Water of any consequence at all. A quarter of an hour
afterwards I went to the forecastle. There was no water
there. After the striking, the wind kept at the same
rate The sea was very rough, and ran over us moun-
tains high. The captain did not appear to me to be
drunk. I did not leave her until the following morning,
when we were taktn from the wreck by a pilot-boat. Had
she been a weak vessel she would not have stood there
half the time. _ _ _

Cross-examined—l can't tell whether she leaked be-
tween the Ormeshead and Puffin Island. I never said
she leaked so touch between Ormeshead and Puffin Island
that the steam quite failed. I have not said, " I think
the captain and mate were not sober." A paper was
handed up to witness, who said, after a loug hesitation,
that is my handwriting. It was put in and read, and
was the examination upon oath of the witness, taken on
the 18th of August, 1831, in which he stated, " She
leaked so much between Ormeshead and Puffin Island
that the steam quite failed." He also said, "I do not
think the captain or mate were sober."
Mr. F. POLLOCK —I do not think, after the last wit-
ness's evidence, that it would be giving the cause a fair
chance to try it now. I submit to be called.
The plaintiff was accordingly nonsuited.

NEGRO HEROISIVI.TiIC following anecdote
is from the Rev. W. KNIBYS evidence before a Committee
of the House of Commons:—" During the late insurrec-
tion in Jamaica, a runaway negre, on being discovered in
the woods, by a party of the military, and desired to re-
turn to his work, answered, ' No! Free me and I will
work, e ,
b lle openedl h
but Iwl l neveris
breast,b e
and w
a slave
as instantly
more ;
youm
fireday shootat.
m
--,S'eotsinan.