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

did not substantially agree and support the charge.
In conclusion, he recommended the jury to dis-
abuse their minds of all prejudice and feeling, and
look at the case calmly and dispassionately.
The following evidence was then adduced :
William Buchanan, the first witness called, was
examined by Mr. Overend—He said he was a coal
trimmer on board the Bogota, and was acquainted
with the deceased, who joined the ship at the same
time as witness. They did not, however, work in
the same stokehole. Deceased was a man about

40 years of age, about five feet in height, stoutly
built, and of light complexion. Deceased, when he
first came on board, appeared in the most robust
health. Remembered the day the steamer left
Valparaiso. During the voyage to Rio the weather
was very hot, and the deceased often complained
of the heat. Landor complained of the work which
he had to do, that of getting coals from the bunker
for the furnaces. The steamer arrived at Rio on

the 22d of January, and on the 25th they left on
their return for England. The day_ was very hot;
indeed, witness had never felt so hot a day. About
four o'clock deceased and witness went to work—
deceased to the after and witness to the fore

stoke-hole. Buchanan and Mitchell were both in

the engine-room, and the former called to witness
to bring a ,piece of rope. He proceeded to the
store-room for it, followed by the prisoner and the
chief engineer. On coming back he saw the pri-
soner and Buchanan pushing the deceased down
the companion ladder into the stoke-hole. When
at the bottom witness handed the rope down to
the engineer, who tied it round the arms and body
of the deceased. He heard Mitchell tell him to
stand to his work. The deceased was tied about
36 inches from the furnaces. He could not tell

what the heat was in that particular part of the
stoke-hole. He could not stand it for more than
three or five minutes. The " firing up" would ma-
terially increase the heat of the stoke-hole. De-
ceased was not exactly at the front of the ladder,
but more to the port side. His left side and back
were against the ladder. That part of his body
nearest the furnaces was about 20 inches dis-
tant. After the fires were lighted he heard the
deceased pray to God to relieve him from the
suffering. After the second firing deceased became
more exhausted, and fell forwards towards the fire.
After that he did not hear him utter anything.
Witness went away then, and did not see Landor
again until he saw him in the forecastle, whither he
had been carried by the crew. A few days after
deceased died witness, for his own curiosity, stood
where the deceased was tied. He could not stand
the heat more than two or three minutes, although
the day was not so hot as that on which Landor
died.
Cross-examined by Mr. Brett—The fore stoke-
hole was cooler than the after: The firemen often
stopped in the stoke-hole half an hour at a time.
He himself had frequently done it. After coal-
ing the firemen generally went on deck, and stayed
there until their time again came for " firing up."
The men often complained of Landor going on deck
when he should have been at work below. He has
often heard the men denominate deceased a
" skulker"—a term which was generally applied to
lazy men on board a ship. No matter how much
deceased complained in the stoke-hole, the moment
he went on deck he was quite well. Deceased was
not tied in such a manner that he could not release
himself. if he (witness) had been tied the same
way, he could have released himself. He thought
the term " roasting a man" was improper when
applied to this case.
Re-examined by the Attorney-General—The rope
which bound the deceased was about the thickness
of a person's finger. An old man who has since
died was sitting in front of the furnace all the time
deceased was tied up.
Robert Wilson, examined by Mr. Hosack, said
he was a stoker on board the Bogota. Deceased
came on board the steamer at Valparaiso. Re-
membered the day they left Valparaiso for Rio.
The weather was rather cool until they reached
Rio, when it became very hot. The day he left
Rio he saw the deceased tied to the companion

ladder by Mitchell. Heard deceased cry out, "Oh
Lord have mercy on me !—oh, God have mercy on
me !" Before he could " fire up" he had to remove
deceased from before the furnace. After doing this,
he went and told Mitchell the state the deceased
was in. Mitchell and the chief engineer then came
down to the stoke-hole, and he (witness), at the
direction of the chief engineer, cut the man down :
he untied the cord. He (witness) had been in irons
for refusing to do his work, and not for obtaining
money for coals at Rio.
William M'Clelland, a seaman, examined by the
Attorney-General, said he knew the deceased, who
joined the ship at Valparaiso. Deceased offered
money to any person who would take his place, as
he said the work was too hot for him. The day they
left Rio the deceased came up on deck and lay
down. Mitchell came to him, and said, " you,
go down and do your work, or if you don't I'll
make you go down, and cluiin you when you are
there.' Mitchell then took hold of him, and, with
the help of a fireman, pushed him below. Shortly
afterwards he saw the deceased tied up to the
ladder. He did not again see him until he was
laid out in the forecastle.
Cross-examined by Mr. Brett—Could not swear
' that the deceased was more than eight minutes
below. In the fore part of the day it was very hot
—in the latter part much cooler.
By the Attorney-General—Heard deceased cry-
ing out when he (witness) was in the forecastle.
Robert Grainger, examined by Mr. Overend—
Was a seaman on board the Bogota. Heard de-
ceased complain of his work. He (witness) offered
to do his work, but he was not allowed. Saw
deceased dragged along the deck and pushed down
the stokehole,. When being pushed down he
grasped hold of the railings, when Michell make
him let go and go down. Heard deceased call out
" Murder ! will no one save me ? God help me."
Saw him taken to the forcastle, where he soon after-
wards died.
James Langdon, boatswain's boy, said he saw the
deceased tied below the day they left Rio. Heard
him cry out, " Oh, Lord ! oh, Lord ! will no one
come and let me go." Saw Landor brought on
deck. He was gasping. Deceased had often com-
plained to him (witness) of the heat, but not during
the day he died.
John Pugh, head fireman on board the Bogota,
examined by Mr. Brett—Saw the deceased lying on
the deck when they left Rio. Heard Buchanan, the
engineer, tell Mitchell to get a tackle and lower
Landor down into the stoke-hole. Deceased got
up and walked down the ladder into the stoke-hole.
Witness then went down to the after stoke-hole,
which was much warmer than the fore stoke-hole.
He remained there all the time Landor was in the
fore stoke-hole. When he was put down, Landor
said he neither could nor would do the work. He
assisted Mitchell to put the man down the stoke-
hole.
Thomas Coxson, examined by Mr. Overend—
Saw the deceased come up on deck out of the stoke-
hole and lie on deck. Saw the chief engineer come
up to him and tell deceased he was loafing. Saw
Buchanan kick him, and heard Mitchell say to
him, " You trash, if you won't work you shall
be fastened down your whole watch and the next
watch after it." He was taken down, and after-
wards began to cry out, " Oh, Lord, save me ! Oh,
Christ, save me! What will become of my poor
wife and family ?" Saw deceased brought on deck
and rolled by order of the doctor.
Charles Theodore Schmidt said he was a doctor
on board the Bogota, and examined deceased the
day he died. Death, he believed, was caused by
apoplexy, and the treatment which the deceased
had experienced would be likely to precipitate
apoplexy.
Mr. Brett addressed the jury for the defence.
His Lordship directed the jury that if a man did
what, according to ordinary experience, was calcu-
lated to endanger the life of another, that would be
murder ; but if they were not satisfied that the
circumstances were of that kind, and thought there
was no intention to injure the man and death resulted,
that would be manslaughter. It had been urged by
the learned counsel for the defence that such punish-
ments were necessary for the proper discipline of the
ship, and that without them the commercial ma-
rine would be destroyed ; but there was nothing
in the evidence to lead to that conclusion ; and if
inferior officers could be , allowed to inflict such
punishments without the authority of the captain,
every petty officer in the ship would exercise au-
thority, and there would be no head. There was
no power to interfere with the liberty of a man on
board a ship, except by the direct command of the
captain. If the jury thought the death arose from
natural causes only, they would acquit the prisoner
The jury,. after a few minutes' consultation,
found the prisoner guilty of manslaugher.
The prisoner said he acted only under the
strictest orders of his superior officer, and had no
intention to injure the deceased, and did not think
he could have done so, as he worked himself in a
hotter place, and the deceased was a healthy man.
His Lordship, in passing sentence, said he must
mark his estimation of the cruelty of the punish.:
ment inflicted on the deceased by a severe sentence.
If he was wrong, he might be set right. The pri-
soner, when he found the man insensible, instead
of instantly cutting him down, had gone for orders
to his superior officer, under that " accursed
system" of discipline said to exist on board our
merchant ships and boldly defended, and which
must be rooted out by the law, of each petty officer
looking for orders to the officer above him only.
The sentence of the Court was that he be sent to
penal servitude for 15 years.
The court was densely crowded throughout the
day, and the case was not concluded until half
• past B_o'olook,