The Sun.
London, England, 1859-04-02 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT—LIVERPOOL, APRIL 1.
CROWN COURT.
(Before Mr. Justice Willes.)
John Mackie, shoemaker, found guilty of the
manslaughter f William Benson, in Dolefield,
Manchester, was sentenced this morning to twelve
months imprisonment with hard labour.
Jane Anderson, found guilty of infanticide at the
Liverpool workhouse, was sentenced to 18 months
imprisonment with hard labour.
CHARGE OF MURDER ON BOARD THE BOGOTA
STEAMER.
Archibald Mitchell, second engineer of the
steamer Bogota, was indicted for the murder of
Thomas Landor, a fireman on board the vessel, on
the voyage from Rio to Liverpool.
Mr. Attorney-General Bliss, Q.C., with whom
was Mr. Overend, Q.C. prosecuted; and the pri-
soner was defended by Mr.Deighton and Mr. Brett.
Mr. Aspinall appeared to watch the case on behalf
of the missing first engineer, John Buchanan.
In opening the case, Mr. Bliss said the prisoner,
together with John Buchanan, who was not in cus-
tody, stood indicted for the wilful murder of Thos.
Landor, the offence being committed on the 25th of
January last, and the means of death charged being
confinement of the deceased in the stokehole of a
ship, where the heat was excessive, and where, in
consequence of the heat, the deceased became so
exhausted that he was removed in a dying state to
the deck, where he shortly ceased to exist. The
Bogota was a paddle steamer of about 658 tons
burden. In 1852 she went to the Pacific, and had
been employed there in carrying the mails until
the end of December last, when she was ordered
home. Landor was a native of Cornwall, who had
been employed as a miner in Chili, had saved a
little money, and wished to come home ; but being
a frugal man, he wanted to work his passage, and
accordingly entered on board the Bogota as a
stoker, and signed articles in that capacity. The
ship sailed from Valparaiso on the 27th of
December, 1858, having a crew of 67 persons,
under the command of Henry. White. There
were four engineers, of whom John Buchanan was
the first and the prisoner the second. There
were 12 firemen and six stokers, together with a
doctor, on board. The ship sailed on the 27th of'
December, doubled Cape Horn, and put into Rio
Janeiro. Upon cool days Landor was equal to his
work, but when he came into a warm latitude he
was quite unable to endure the heat of the stoke-
hole, complained frequently of it, endeavouring to
change situations with another man, and offered
him £lO to do so. This, however, was not per-
mitted. On approaching Rio Janeiro he even pro-
posed, or intended, to be discharged from the ship
as a stoker or one of the crew, and to pay for his
passage home, but he afterwards changed his mind.
After the flues had been cleaned and put in
order at Rio, the vessel, on the 25th of January,
left that port, the fires being lighted in the morn-
ing and the vessel sailing about noon. Landor
was in the prisoner's watch, which on that day
was up tobr elve o'clock. Landor performed his
duty in the lifter stokehole, and from that time he
went off duty and remained in the forecastle until
four. At four o'clock he was called upon to return
to his duty. The day was extremely warm and no
air stirring. There had been some rain, but the
heat was so great that the captain forbore to give
his men any hard duty ; though, notwithstanding
this, one or two of the men were knocked off, as it
was termed, in consequence of exhaustion from ex- i
cessive heat. At four o'clock the deceased, being
called to go to his duty, went down to the after
stokehole, and after some time came back, being
unable to endure the heat. Mitchell ordered him
down again. lie went, and stayed a little, bat
came up again, atlas sank down on the deck quite
exhausted, complaining that he could not stand the
heat, and could not do his work. The prisoner in-
sisted upon his going down the after stokehole, and
taking him to the hatchway pushed him down,
telling him that if he did not do his work he would
chain him down there and make him do it. The
deceased went down and came up again, being
unable to endure the heat. During this time both
Mitchell and. Buchanan went down in the engine-
room, and they probably saw the deceased Lander
again go upon deck. When he went up this
last time Mitchell, who was in the engine-room,
called to another person named William Buchanan,
also a stoker, and told him to get some ropeyarn.
After this the prisoner went on deck, and William
Buchanan went to get the ropeyarn. On deck he
found the deceased lying down, complaining of the
heat, and protesting that he could not stand it.
John Buchanan, the chief, and Mitchell, the second
engineer, insisted upon his going down, and
Buchanan ordered Mitchell to take him down and
tie him below. He was taken down by Mitchell,
with the assistance of another man, into the fore
stokehole. The-deceased cried that it would kill
him, and uttered many moving expressions which
he (the learned counsel) would not repeat. He re-
sisted, but Mitchell broke his hand away from the
iron to which he clung; forced him down the for-
ward stokehole, tied his arms behind him, and
passing the ropeyarn, which he got from Buchanan,
round his waist, fastened him to the ladder or
stairs below the stokehole (the position was illus-
trated by a model) Within about three feet of the
nearest furnace, there being six furnaces in this
part of the vessel. The learned counsel then de-
scribed the model, pointing out that between the
boilers was a passage three feet wide, leading
through the engine-room into the after stokehole.
After Mitchell had tied the deceased he went into
the engine-room, and there walked backwards and
forwards. The engine-room, having a larger hatch
over it, was much cooler than the fore stokehole,
and from thence Mitchell could see the deceased
tied at the foot of the ladder. The deceased, when
tied, complained and cried out, his cries being heard
in the forecastle. He struggled and writhed, and
addressed himself first to man and afterwards to
God until his voice became fainter and fainter, and
he was seen to fall by those who looked down the
hatchway. He must have remained tied there from
half an hour to three quarters. There were two
firings up in the time ; and on the second occasion
of firing the deceased was seen to swing round and
fall with his head towards the furnace, so that the
fireman was obliged to move him away with
his knees in order to open the furnace
door. The fireman saw that he was in
an insensible state, and when he had finished his
duty he went into the engine-room and informed
the second engineer of what had taken place.
Mitchell came, looked at the deceased, went up the
ladder, and shortly afterwards returned with the
chief engineer and the doctor. They saw the de-
ceased, who was insensible, and unable to move, and
had been carried on deck, where he lay gasping for
breath. The doctor ordered his head to be bathed
with cold water ; but respiration became slower,
and at last ceased altogether. Means were taken
by the doctor to promote artificial respiration by
rolling him over on his side, but all too late, for the
man was dead. He was buried in the usual way,
and the ship went on its coarse, arriving at Liver-
pool in March last. On the day after the arrival
some of the crew complained to the police, and both
Buchanan and Mitchell were apprehended.
Mitchell, when arrested, said that whatever he had
done was by order of his superior, and it was not
improbable that this would be alleged in his de-
fence. It would probably also be made to appear
that an opinion prevailed, and was perhaps shared
in by the prisoner, that the deceased was "skulk-
ing," or shirking his work ; but he (the learned
counsel) believed they would find that upon this
occasion at least there was no pretence, but an
honest disability to perform the work he was set to
do. But, even if he had been skulking, it did not
follow that the prisoner or Buchanan had a right
to punish him, or at any rate in the manner de-
scribed. The master of the vessel alone had a right
to inflict such punishment as was required. Even
had the prisoner or Buchanan the right of punish-
ment, this kind of punishment and to this extent
ought not to have been inflicted. It might be
alleged that the jury could not believe that Mitchell
intended to kill the man, but even if they should
be of this opinion it would not make any difference
in the crime now laid to his charge ; for it was not
necessary, in order to constitute the crime, that the
person who killed the deceased should have intended
to kill him. If he intended to do him a serious bodily
harm dangerous to life, and did a serious bodily
harm, in consequence of which the man died, the
culprit was guilty of the capital offence, even if he
did not intend to kill. If the prisoner had executed
an order which he felt bound to obey, although
the order was an illegal one, it would make no
difference in the crime, though it might entitle the
prisoner, perhaps, to some commiseration. But
there were some circumstances from which he be-
lieved the jury would find that the idea of tying
the deceased below originated with the prisoner;
and that he had threatened to `, chain him down"
there before any order was given. He believed
they would find that the prisoner had provided
ropes before any order was given ; that the whole
time the deceased was confined there Mitchell was
was walking near him, where he must have seen
and heard him ; and that, although one word from
the prisoner would have relieved the sufferer, that
word was not spoken, nor any effort of relief made
until he was told that " Tom was dead." The
learned counsel said he should call, in order to
prove these facts, many of the crew, though not all
of them, who were examined before the magis-
trates ; and though, doubtless, as must be expected
from persons in this rank in life, their statements
would not coincide exactly as to time and the order
of events, it would be for the discrimination and
good sense of the jury to determine whether they