The Sun.
London, England, 1860-01-16 00:00:00

nearly double pay. It was then stated by the de-
fendant that many irregularities existed in that
corps. Could it be said that this statement was
made in the discharge of his duty and bona fide ?
They should remember that a man could not, under
the colour of discharge of duty, gratify his own
malice ; then if they found that this statement was
made maliciously towards the plaintiff he would not
be protected from the consequences. But he could
not think that the jury would suppose that there
had been any malice on the part of the defendant.
They ought not lightly to suppose such a feeling
existed in the mind of any person, and they must
remember that it was true that two officers had left
their quarters because of the language used by the
plaintiff. If the jury should find a verdict for the
plaintiff, then would come the question of damages ;
but the plaintiff's character had been cleared before
the action was brought. There could be no doubt
about that, for this investigation had shown it to
be so. No doubt it would have been more br coming
on the part of the defendant if he had instructed
his counsel to state in court that he had committed
an error in giving currency to the rumour. But
what damage had the plaintiff sustained? Certainly,
if a man were a receiver of stolen goods he was made
responsible for such conduct, and he did not see why
a man who heard a calumny and gave currency to
it should not also be punished. But here the ques-
tions were—whether the defendant had uttered the
words, and if so, whether in the discharge of his
duty, bona fide and without malice, and were they
relevant to the inquiry ordered by Gen. Vivian. If
so, they would find for the defendant, but if not,
they must find a verdict for the plaintiff, and esti-
mate the amount of damages.
The jury retired to consider their verdict, and
were absent from court about an hour and a half.
On returning to the jury-box the foreman said they
had found a verdict for the defendant on the ground
that the communications were privileged, but they
wished to express an opinion that, on discovering
how unfounded the reports were, the defendant
ought to have thought it proper to withdraw his
statements.

Mr. Bovill said communications had taken place
between the defendant and plaintiff, and it must
not be supposed the defendant had done nothing to
settle this matter. Even now, with the consent of
the plaintiff, he would on the part of the defendant,
make a statement.

The consent not having been Riven, but it having
been denied that anything had taken place between
the parties, no further statement was made, and the
Court was adjourned till Wednesday next at.lo
o'clock.

THE WHOLESALE MURDERS ON
BOARD AX AMERICAN VESSEL.

NEWPORT, ISLE OF WIGHT,
SATURDAY NIGHT.

This afternoon, Edmund Lane, and Gordon Hires,
the first and second mates of the American barque
Anna, now lying at Cowes, were brought up on re-
mand before Sir H. P. Gordon, Bart., Sir John
Simeon, Bart., Admiral Crosier, the Hon. W. H.
A'Court Holmes, Mr. Roscoe Shedden, and a full
bench of county magistrates for the Isle of Wight,
charged by Mr. Campbell, superintendent of the
Hants constabulary in the Isle of Wight, with the
wilful murder of six seamen of the abovenamed
vessel, viz., John Turtle, William Pornery, a man
known as Frank, William Johnson, David Paging,
and James Armstrong.
Mr. Damant, solicitor, of Cowes, appeared for the
prosecution ; Mr. 0. Stokes, of Cowes, for the de-
fence.

The proceedings had been taken consequent on
an information by John Thomas and Abraham
Rock, seamen on board the Anna. The unfortunate
men who, it was alleged, had met with their deaths
in consequence of most horrifying cruelties, were
men of colour.
J. Thomas, one of the coloured seamen, deposed,
as follows :—I am an American, and an able
seaman on board the Anna, of Now York. We
sailed from New York in June last with a crew
consisting of Captain Turtle, Edmund Lane
(chief mate), Gordon Hires (second mate), Abra-
ham Rock, myself, John Turtle, William Pomery,
a man known on board as Frank, William John-
son, David Pagins, and James Armstrong.
There was also on board Richard Roseman, the
cook ; he is a white man, but also an American.
These men were all on board when we sailed from
New York ; but Turtle, the seaman, Frank, John-
son, P. g:sis, Armstrong, and Pomery are since
dead. We sailed from New York to Mobile, in
South America, and arrived there in about 36 days.
On the 3d of July I was on the topgallant fore-
castle, when Lane, the chief mate, came there and
gave an order to Armstrong. He did not attend
to it so quickly as the mate wished, and Lane,
taking up a mallet, struck him with it over the eye.
Armstrong jumped up, fell on the main deck with
his head forward, and then leaned over the chain.
I went to his assistance. put my hand on his head
and pulled it back, owl s that his left eye was
running out. IT^ •ak, but remained on
deck about an hour s' • 3. The second matt
sent him down on the thartingale, under the bow-
sprit, to clean the earring. He took hold of the
earring, but could not clean it. He was washed off
the martingale, and towed along in the water by
the earring, which his arm was coiled round.
Abraham Rock went to his assistance. The chief
mate was on the jibboom, and as Rock was about
to haul Armstrong on board he said " Don't haul
that nigger in ; cut the earring and let him go."
About two minutes afterwards Armstrong let go
his hold and was lost. We sailed from Legona to
Mobile, in South America, and we were 80 days on
our passage from Legona to Cowes. About 30 days
after sailing from Legona the second mate, Gordon
Hires, accused John Turtle of stealing rum from his
cabin. Hires ordered him to reeve a rope through
the ring of the anchor, and secure it to the cathead.
Turtle obeyed the order. Hires caught him by his
head, throw him down on the deck, and stamped
upon upon and kicked him on the head with his
sea bests, which were very hard. I saw Turtle's
head and eyes bleeding. Hires went aft. I went
to breakfast, and Turtle went down into the fore-
castle. After breakfast Hires said to me "Is Jack
Turtle turned out ? " I replied " No." He said
" Tell him if he don't come out and get on to the
pump I'll murder him." I went down and found
Turtle in his bunk, apparently much bruised. When
I told him to get up, he said he could not. I said
" If you don't get up, the mate will come and beat
you." Turtle replied, " I can't get up, if they kill
me." Soon aftewards Hires went down to him,
pulled him out of the bunk by his ears, threw him
down in the forecastle, and stamped upon him
heavily. Hires got off Turtle, and said to him,
" Now get out, and go to the pump." Turtle made
no reply, and Hires then picked him up and hove
him on to the main deck. The ship was on the
port tack, lying over on the starboard side. Turtle
caught hold of a ropeyarn on the main hatch ;
Hires kicked him under the left ear, took out his
knife, and cut the ropayarn, and let Turtle fall into
the lee scuppers, where the water was about two
feet on deck. I said, " I'm not going to let this
man lie and die here in this way," and took Turtle
to the forecastle, where I laid him down ; he did
not speak—he was helpless, and his head was all
in a gore of blood. About two minutes afterwards
Hires asked me," Tom, is that old nigger dead
yet ?" I said, " No, sir, but he's pretty bad off."
This was about 12 o'clock at noon. I attended on
Turtle until 10 the same night—he did not speak
the whole time, and was unable to take anything.
At 4 o'clock the next morning I found him dead on
the floor. Before he was illused he seemed pretty
well—he had only sore feet. No one illused him
at that time besides Hires, and I am quite sure he
died from the ill-usage. Abraham Rock was wit-
ness to part of it, and the others who witnessed it
are dead. Two days afterwards Hires said, " Sew
the old nigger up and throw him overboard." In
sewing him up, I took hold of his head and found
the bone of his forehead was broken in the centre
—the edge of the bone projected through the skin,
and his head was very much bruised. Turtle was
between 50 and 60 years of age. About 11 o'clock
on the same morning that Turtle died I heard a
scuffle and Hires swearing in the sail room. I wont
out and saw that Hires had Johnson down on the
tool chest, choking him with both hands. I saw
blood coining from his mouth. Afterwards he said
to me, " Jack, I feel very bad, and am dying—the
mate has choked me to death." Ile had hold of the
mainsheet to steady himself. At six the same day
Johnson died, and was thrown overboard next day
with Turtle. Johnson was about 18 years old ; about
seven days before we arrived at Cowes the man
Frank also died. To or three days before his death
I saw Lane, the chief mate, beat him. Between
seven and eight o'clock in the evening of the next
clay Frank was at the
, wheel,,an.d Lane, who was
standing behind him, said, If 3ou go
,a, quarter of
a point off your course murder you ! Directly
afterwards he struck him on the back of his head
pin ;
with a belaying fill on the spokes of the
wheel, and theme Lane continued to beat him with
the belaying pin. Lane then called Rock to relieve
the wheel, and sent Frank, bleeding, to the pump.
Lane best him for an hour, off and on, stiiking him
every three or four minutes. Frank willed out
" Murder" twice; he exclaimed " Oh God!" several
times, and lie called once for the captain. Frank
bled very much, and appeared to lose his senses ;
he helloed all night, and died about twelve o'clock
the next night. The day after Frank died he was
thrown overboard, and in about three hours after-
wards we saw the Start Point.
The evidence of this witness referred to the
deaths of four coloured seamen. The witnesses in
attendance to prove the deaths of the ether
• two un-