The Sun.
London, England, 1861-01-15 00:00:00

THE SUN, LONDON, TUESDAY EVENING, JANUARY 15, 1861

few hours, when the captain ordered me to be low-
ered, and directed me to stand up on the capstan,
with the vegetables slung round my neck. About
11 o'clock Lieut. Barkley, the senior lieutenant, or-
dered me down' and told me to look in the bed of
the capstan and take out the spare gun-locks, and
then ordered the ship's corporal to put me aft,under
charge of the lifebuoy sentry. About 12 o'clock
the ship's corporal said, " Isaiah Snaith, it's an order
from the captain and first lieutenant that if you get
on the capstan and stand there for one hour the
captain will look over what has occurred." I then
went and stood on the capstan for the hour, at the
end of which the same corporal came and ordered
me off. The same day an order was given to make
sail. I went for my violin, and took up my station
where I had always stood previously, abaft the cap-
stan. Capt. Moorman then ordered me on the cap-
stan to play the violin while the topsails were being
hoisted. I respectfully refused, because I thought I
should not be safe, the ship being at sea and rolling
and the capstan havinc, been oiled over. The cap-
tain then ordered me to° be triced up, and a running
bowline was ordered to be passed round my loins
by Thomas Manning. Manning respectfully refused
to do so. It was passed round me afterwards, and I
was hoisted with my violin and bow in my hands,
and the plantains around my neck. After a while
I was lowered to the deck and ordered by the cap-
tain to stand one hour and sit one hour on the cap-
stan, the vegetables still round my neck. I was not
to leave the capstan without an order from him. I
remained there until 8 o'clock at night. I was then
again put both legs in irons, the master-at-aims
bringing me my allowance of bread and water.
The next morning I was brought on deck by a file
of marines. Captain Moorman then disrated me
from a musician to an ordinary seaman, and
directed that my petty officer's badge should be cut
off. Capt. Moorman then produced another warrant
and degraded me from the first to the second class.
I then said to Captain Moorman, " I thank you, Sir,
if you would forward my request to the Admiralty
for a court-martial on account of bad usage, cruelty,
and ill-treatment on the ship's pecsage from Port
Royal to Bermuda." The captain replied " Yes ; a
pretty fellow to ask me to forward you a court-
martial. If you ask me again for anything of that
sort I'll give you three dozen. Boatswain, pipe
down." The witness then went on to state that he
had suffered considerably in person from the effects
of the treatment on board tjme Cossack by Captain
Moorman's orders when triced up by the burton,
more especially to his collar-bone.
The court was here cleared, and on its being re-
opened the president informed the witness that he
could make any statement in connexion with the
present charges, so far as affecting any personal
injury he might have received, or as resulting from
the treatment he had stated he had been subjected
to by Captain Moorman's orders.
By the President—His station in the ship when
sail was being made, was abaft the capstan. The
master-at-arms placed the lashing round his waist
when hoisted up by the burton. When triced up
hls regular meal was brought to him by his mess-
mates until night, when he was placed on breadand
water. Had his breakfast and dinner regularly.
Two nights had water and biscuit for tea, whichwas
brought by the master-at-arms. On the first occasion
of being slung a lashing of several parts of spun
yarn was passed under the right arm and over the
left shoulder. The burton hooked into this lashing,
and the bunch of plantains was made fast to the end
of the spun yarn. Was triced up over the capstan,
and as the ship rolled his feet would sometimes
touch the capstan. The ship was rolling heavily
at the time. There was nothing to steady witness.
and he remained so suspended until 8 o'clock at
night.
By the President—Do you mean to state that you
were hanging in the state you have described the
whole of this time ?----I was. Sometimes my feet
would strike against the capstan, which would
steady me partially. Was able to rest a great part
of the day by my toes touching the capstan.
By Captain Harris—Had salt beef and duff for
dinner when suspended. Was then lowered suffi-
ciently for his feet to rest on the capstan while
Eating his dinner. Was not lowered on any other
occasion.

By Captain Hewlett—The tail-block of the bur-
ton was made fast to the mizenstay. While eating
my dinner I slipped off the capstan two or three
times in consequence of the ship's rolling, and my
food, which fell down, was handed up again to me.
Did not ask to be let down auy fat ther that day.
By Captain Wilson—The capstan was about 14
or 16 feet abaft the main bitts. The mizenstay is
a good height from the capstan head, about double
the height of the deck over the court room. Swung
about with the roll of the ship the whole of the time
he was suspended, except when getting his dinner.
By Captain Coote—The ship was under steam
and sail. Had seen the ship's steward's assistant
on one occasion on the capstan, with the grog mea-
sures slung round his neck. Believed he was
placed there for punishment.
(This question was afterwards struck out by the
Court.)
By Captain Hancock—Captain Moorman had
never found fault with me for placing anything in
the storeroom before. The captain held no conver-
sation or argument with me on the quarter-deck
previous to ordering me to be triced up by the
burton. Respectfully refused to go on the capstan
in obedience to the captain's orders, thinking the
position was not safe. When triced up, could not
have stood on the capstan had I chosen to keep my
legs straight. Had the ship been perfectly steady,
or had she been in harbour, could not have stood on
the capstan.
By the President—The master-at-arms may be
in the ship now for anything I know to the con-
trary. (Captain Moorman here stated that the
master-at-arms was invalided.) The witness then
' stated the names of some of the crew who were
best acquainted with what took place when he was
triced up on deck and when he was in irons.
By the Prisoner—Had never been admonished
previously by the boatswain for having rotten vege-
tables in the storeroom nor for anything of the
kind that I can recollect. Ate three of the bananas
while on the capstan, and they were the only ones
turned yellow. Did not get rid of the whole of
them from the stalk. Had some boiled in the cop-
pers. On the occasion of your saying; that you
would give me three dozen you said " if I asked for
a court-martial." You said nothing about another
offence.

By Captain Wilson—The ship's officers were
present, and hands were at quarters when the pri-
soner said he would give me the three dozen. Geo.
Gladstone, the boatswain's mate, and the captain of
the aftcrguard were near enough to hear what was
said. Also believed the surgeon, master, and mas-
ter's assistant were near enough to hear what
passed, and also a gun's crew, one of whom only
was left on board, named Bergent, all the remain-
der having run from the ship. The carpenter's
yeoman was present in the storeroom when the ba
lianas were found there, as also were Hamilton and
Mr. Kirk, the boatswain of the ship.
Mr. Kirk, being called and sworn, deposed—l
am boatswain of her Majesty's ship Cossack. After
the captain had inspected the upper deck on the
27th of April, at 9 o'clock in the morning," Hands
make sail," was piped. Remained on deck and set
the studding sails. Afterwards Captain Moorman
sent for me and asked me if I had been in my store-
room that morning. I replied that I had not. The
captain said he was sorry for it, as there was a
bunch of bananas hanging in my storeroom- con-
trary to his orders. I said that I had repeatedly
given orders to the yeoman (the witness Smith)
not to have fruit down there. Met Smith coming
with the ship's corporal with the bananas, said
nothing to him. About half an hour afterwards
saw Smith on the capstan with the bananas in his
hand. Saw no lashing whatever on Smith when
he was standing on the capstan. On going on deck
after dinner, at three bells, Smith was off the cap-
stan. Sent for him at one bell after 4, and told
him to come to the storeroom to take his clothes
out, another yeoman being appointed. He did
not go in irons that night to my knowledge. Was
present when the captain read the Articles of
War to Isaiah Smith, and also the disrating
warrant. Heard nothing further pass between
Captain Mobrman and Isaiah Smith. Had anything
passed I must have heard it. It was a small bunch
of bananas, about two dozen. They were just ripe.
Had repeatedly ordered that no fruit should be
placed in the storeroom. Those orders had been
disobeyed about 30 times previously by Isaiah
Smith. Can swear that Smith, when on the cap-
Stan, had no lashing round him, nor was he slung.
Saw him at 10 o'clock and at 12. No rope was near
him. The bananas were not tied to him. Saw them
in Smith's hand when he was on the capstan. At
12 saw him with nothing but the stalk in his hand.
Don't know whether Smith was on the capstan from
half-past one to four. Had Smith been triced up to
the mizenstay on that day must have seen him.
When I saw Smith on the capstan he could stand
without assistance. The ship was not rolling. When
I saw Smith on the capstan I was going aft on the
quarterdeck, and passed close to him. Am not
positive whether the awning was spread at the
time. The mizenstay is above the awning where
it plums the capstanhead. Had the awning been
spread Smith could not have been triced up to the
mizenstay without making a hole through the
awning. During the two days in question never
saw Smith swinging about over the capstan, sus-
pended by a burton, or whip, from the mizenstay.
The answers I have given to the questions put to
me have reference to occurrences which took place
within a few days of the dates which have been
mentioned. During that time I neither saw Smith
lashed, slung up, or in irons.
By the Prisoner--Smith TfiVi not on the eapettui

during the first dog w..tch. Do not know cf his
being put in irons. Do not know of Smith o- any
person having been at any time put on bread and
water. The meal hours were regular on board. The
two occasions on which I saw Smith on the capstan
had reference to different hours on the same day.
He was standing in an easy position.
George Gladstone, next called and sworn, deposed
—I am boatswain's mate on board her Majesty's
ship Cossack, and was doing duty on board her the
later end of April in last year. The witness at first,
in answer to questions put to him, said he knew
nothing of the present charges against Captain
Moorman. In answer to further questions, how-
ever, the witness said he was not on deck when
Smith was placed on the capstan. Saw him there
afterwards with some bananas in his hand. He had
then a rope fastened in a bowline round his waist,
the rope being rove through a tail-block made fast
on to the mizenstay. Did not know how long he
remained there, nor whether he was afterwards
placed in irons. The rope that was round Smith
was not taut. Saw no spun yarn about him. When
Smith was on the capstan the ship was rolling, but
no more than is usual for a ship to do on a fine day
at sea. Could have stood on the capstan at the
time himself. Recollect Smith being disrated, but
did not hear him ask the captain to apply for a
court-martial on him. Might have been five or six
fathoms from the captain at this time. Knew
nothing of Smith's being placed both legs in irons.
Was boatswain's mate of the watch horn 4 to 6
p.m., and during that time did not see Smith on the
capstan, but must have seen him had he been there.
The awning was not spread. Smith, when on the
capstan, stood in an easy position.
By the Prisoner—Remembered nothing of Smith
nor any on board being put on bread and water.
The meal hours on board are observed with regu-
larity.
Mr. C. Hoberp, second master, sworn, deposed
that on the 29th of April last he saw Isaiah Smith
on the capstan, the ship at the time not rolling but
going along very smoothly. A bowline was passed
round Smith, which was connected with the mizen
stay. He had some bananas in his land when on
the capstan. Was present on the quarter-deck
when Smith was disrated, and heard him ask Captain
Moorman distinctly for a court-martial, but did not
au distinctly hear the captain's answer. The only
words he heard from the captain were, "If you
ask —." The remainder of the sentence he did not
catch. To the best of his recollection the request
for the court-martial was made in a respectful man-
ner. Was not certain as to the exact words Smith
used to Captain Moorman when asking for a court•
martial.but believes they were, " Will you grant me
a court-martial ?"

By the Prisoner—On the occasion of Smith's
asking for a court-martial, I am prepared to say
that the prisoner used the words "If you ask —.
Smith, when I saw him on the capstan, was stand-
ing in an easy position, the rope's end 13ir:g slack,
and then could have been inflicting no pain on him.
Bombardier Ashpole, R.M.A., deposed—l am
serving on board her Majesty's ship Cossack.
When Isaiah Smith was brought up from the store-
room on the first morning he was ordered by the
first lieutenant to get on the capstan, but Smith
said he could not. The first lieutenant then gave
orders for a whip to be put on the mizenstay, which
was done, and the marines of the watch were then
ordered to trice Smith up. He was not triced up,
but lifted up by the marines on to the capstan. A
bowline knot was made in the end of the fall to
steady bim when on the capstan, the orders being
that he was to stand upon the capstan one hour,
and to sit down one hour alternately on the cap-
stan. The bananas were hung round the prisoner's
neck by spun yarn by one of the corporals. After
Smith had been placed on the capstan the burton
fall was hauled taut to keep him steady on the top
of the capstan. The ship was very steady. Smith
was on the capstan one hour during the afternoon
watch, but not afterwards on that day. Knew nothing
of Smith being placed in irons. On the first day
Smith was on the capstan about two hours and
a half: The treatment he received did not ap-
pear to be in the least way et nel. Captain Moor-
man was walking the quarter-deck when the first
lieutenant gave orders for the whip to be put round
Smith. Did not think Isaiah Smith could have
been two nights in irons without witness knowing
it, Had the middle night-watch on the day in
question. Had charge of Smith, and had to go
down and see him when in irons. (The witness's
attention was called to his former statement as to
Smith not being in irons, when he said Smith was
in irons on one of the nights, but not both, and
could not say which it was.)
By the Prisoner—Could not swear on what
night Smith was placed in irons. No such punish-
ment as bread and water had been inflicted on
Smith, or_on any man on board the Cossack
_since

her commission. If any person had been so dieted
I think I should have known it through my duty
as ship's corporal. Smith was allowed one hour
and a quarter to his dinner, the same as the rest of
the ship's company.
Sergeant William Horth, Royal Marine Light
Infantry, deposed—Was serving on board the
alssack. This witness deposed to the generality
of the facts as stated by the previous witness, with
the addition that Captain Moorman ordered the
bowline to be placed round Smith's waist, and that
Smith was to remain on the capstan, standing and
sitting alternately, until 8 p.m. on that day. On
the following day, when the hands were turned up
to exercise sails, Smith was not on deck. He was
sent for, and ordered again on the capstan to play
the violin as a punishment by the first lieutenant
for not being at his station when the hands were
turned up. Smith stated that he could not play
his violin on the capstan. Smith's position on the
capstan was not dangerous. When Captain
Moorman told Smith he would forgive him
if he got upon the capstan voluntarily for
one hour, it was after Smith refused to do so.
His manner was disrespectful. What was done
with reference to placing him on the capstan
with a rope round him was merely necessary to
compel obedience, and was not cruel or oppressive.
Some time in the afternoon saw Smith dancing on
the capstan. His demeanour was generally disre-
spectful while under this punishment. When he
was ordered to play the violin on the capstan he
refused, and was placed one leg in irons, but not
put on bread and water,
Thomas Manning, private, Royal Marines, was
next sworn. He deposed to placing the rope round
Smith's waist by orders of the non-convnissioned
officer of the watch, but did not know his name.
Then went below. Saw Smith on the capstan, but
could not tell what time in the day. (The witness
was here sharply addressed by the President, and
told to be careful in giving his answers. Nothing
further was, however, elicited from him by the
questions from the Court.)
The examination of witnesses was proceeding
when our despatch left.

lIIE BOILER EXPLOSION AT WBITECHAPEL.

Yesterday afternoon an inquest was held at the
London Hospital, by Mr. John Humphreys, coroner
for the Eastern Division of Middlesex, to ascertain
the cause of the deaths of Johann Reicles, aged 30,
and John Plumb, aged 22, two of the sufferers by
the terrific boiler explosion which took place on
Friday last on the premises of Messrs. John Craven
and Co., sugar refiners, 3, Great Garden-street,
Whitechapel.
Mr. Alfred Turner, solicitor of Great Alie-
street, Whitechapel, attended to watch the pro-
ceedings on the part of Messrs. Craven and Co.
The jury having been sworn, proceeded to view
the bodies, after which the coroner said that he
only proposed to take the formal evidence of the
identification of the bodies, and then adjourn to
give the jury an opportunity of viewing the pre-
mises and seeing a model of the boiler.
Abbay Reichles. the wife of Johann Reichles,
said her husband told her, on the Friday morning,
after the accident at Messrs. Craven's, that the
boiler man had sent him to the blacksmith's shop
and sent another man to the boiler, who burst it.

By Mr. Turner—Before my husband went to
work at Messrs. Craven's he had been a stoker at
Mr. HoJmaer's.

By the Coroner—My husband only went to work
at Messrs. Graven's on the day before the accident.
Robert Burns identified the body of Plumb, who
had been at work for Messrs. Craven between
eight and nine months.
The inquiry was then adjourned.

CENTRAL CRIMINAL COURT.--.Tan, 14.

OLD COURT.
(Before Mr. Justice Blackburn.)

Thomas Chapman was indicted for wilful and
corrupt perjury.
Sergeant Ballantine was again specially retained
for the prosecution,with Mr. Hill and Mr. Harrison;
and Mr. Sleigh and Mr. Orridge appeared for the
defence.

This was another charge arising out of the
leather frauds.
The defendant, it will be remembered, was con-
victed on Wednesday, with Poole and Ventris, of con-
cealing the property belonging to the former, after
his bankruptcy, with intent to defraud the creditors,
and the present charge arose out of the same trans-
actions in connexion with the fraudulent bank-
ruptcy of the prisoner Poole, at Northampton. The
defendant was examined as a witness in the Court
of Bankruptcy before Mr. Commissioner ilolroyd,
on the Bth November, and he then swore that no
goods were removed to his knowledge from the
warehouse of the bankrupt between the 15th and
20th of August, and although he admitted that a
great number of trunks were taken to his house at
Kingsthorpe, he swore that the transaction took
place in June or July, and that they were so removed
by the orders of Mr. Cooke, who he understood had
purchased the goods from Mr. Poole.
The evidence given in support of the charge was
precisely the same as that which has already ap-
peared, the principal witnesses being the two men
Beard and Woodford, who were in the service of
the bankrupt, who swore to the property being
removed from the warehouse to the defendant's pre-
mises on the 16th and 18th of August, and that at
12 o'clock at night it was taken from the coach-
house, where it was originally placed, and put into
a barn, defendant being present the whole time and
sanctioning their proceedings. The evidence given
by these witnesses was corroborated in several very
important particulars, and there appeared to be no
reason to doubt that they weregiving a true account
of the transactions in which they had been engaged;
or of the complicity of the defendant in the gross
fraud contemplated by the bankrupt and his asso-
ciates upon his creditors.
Mr. Sleigh addressed the jury at some length in
behalf of his client, and he endeavoured to satisfy
them that he had substantially spoken the truth in
saying that the goods had been taken to his house,
and that he might possibly have been mistaken with
regard to the date of the transaction.
Mr. Justice Blackburn having summed up, the
jury retired to deliberate upon their verdict, and,
after being absent nearly an hour, they returned
into court, and found the defendant guilty.
Shortly afterwards the whole of the prisoners
Lewis Robert Poole, Frederick Walter Ventris,
Thomas Chapman, and William Billingham, were
placed at the bar.
A motion was then made in arrest on judgment
on behalf of all the defendants, in support of which
Mr. Sleigh, Mr. Metcalfe, anti:Mr. Poland severally
addressed the Court at considerable length. The
arguments were of a purely technical character, and
would be quite uninteresting and indeed difficult to
be understood by persons out of the legal profession,
and it is therefore unnecessary to report them.
Mr. Justice Blackburn, after listening attentively
to the arguments of the earned gentlemen, said he
should not arrest the judgment, or, as at present
advised, reserve any points that had been raised
for the consideration of the Court of Criminal Ap-
peal. If, however, upon further consideration he
should think that there was anything in the tech-
nical objections that had been raised, the prisoners
should have the benefit of them.

The learned Judge then addressed the prisoners,
and said that three of them—Poole, Ventris, and
Chapman—had been originally convicted of felony,
but he did not consider himself justified in acting
upon that verdict without hearing more of the case,
and therefore thought it right that the other
charges should be inquired into, and the result had
been that five different juries had found them all
guilty, and he had no hesitation in expressing his
opinion that the decision they had arrived at was
the only one that could be come to upon the evi-
dence that had been laid before the Court, and that
it was impossible to come to any other conclusion.
A great many technical objections had been raised
oa Lhuir bilia?f by the ingenuity of the.ir counsel,
and they should have the benefit of them, if upon
consideration they should be found in law to be
available • but :he must say, at the same time,
that he should be very sorry if such a result
should be arrived at. In the meantime, and
acting upon the belief that those objections were
not sustainable, it was his duty to pass sentence
upon them for the offences of which they
had been convicted. It appeared to him that
Poole was the principal delinquent. There could
be no doubt that he knew perfectly well that bank-
ruptcy was inevitable, and that while in this posi-
tion he deliberately set about removing his property
with a view to defraud his creditors. This offence
was regarded by the law as one of so serious a cha-
racter that it gave the power to pass a sentence of
transportation for life. lie should not go to that
extent, but still he felt bound to regard the case as
one of a very serious character. The offence was
of that description that any one committing it must
be perfectly well aware that he must necessarily
add to it that of wilful and corrupt perjury, because
he know that he would be called upon to give an
account of the manner in which his property had
been disposed of in the Court of Bankruptcy, and
that he must deliberately prepare to take a false
oath. It was also necessary that he should not only
wilfully commit perjury himself, but that he should
induce others to assist him in committing the same
offence, and he must confess that he was astonished
at the amount of false evidence which the defendant
had been able to procure, and at the readiness with
which many others appeared inclined to commit
the same offence. He hoped, however, that the re-
sult would be that all persons would know, that
although false testimony might be obtained to an
extent that he should hardly have credited to be.
possible in this country, it would not have the
effect of defeating the law, andthat those who were
guilty of such proceedings subjected themselves to
serious punishment. Under all the circumstances,
so far as regarded the prisoner Poole, he felt it his
duty to order him to be kept in penal servitude for
the space of six years upon the indictment for
felony, and he should order the same sentence upon
the conviction for perjury, so that if, as he before
stated, it should turn out that any of the technical
objections that bad been raised were found to be
available, he would not escape punishment unless
it should appear that they applied equally to both
charges. With regard to the prisoner Chapman,
the observations he had made as to Poole equally
applied. There could be no doubt but he had com-
mitted perjury himself, and that he had endeavoured
to induce others to commit the same offence. Still,
however, he did not consider that he was guilty to
so great an extent in the matter, and he should,
therefore, only pass upon him a sentence of four
years'penal servitude, the sentence being upon each
charge, as in the former case. As to the prisoner
Ventris, it appeared that he was clerk to the
accountants, Messrs. Quilter and Ball, and that
being sent down to Northampton by them to
examine the accounts of the bankrupts, he consented
for the sake of a bribe, to lend himself to the scheme
for defrauding the creditors, and he did this know-
ing, in his position as clerk to the accountants, that
it must be followed by the commission of the crime
of wilful perjury. He did not certainly appear to
have been any party to the subornation of perjury
by others, but still his offence was a very serious
one, and he felt it his duty to pass upon him the
same sentence as upon Chapman, namely, four
years' penal. servitude. With regard to the remain-
ing prisoner, Billingham, he did not consider his
case in so bad a light as the others. He did not
appear to have been any party to the original
scheme of fraud, although he had undoubtedly
taken an active share in concealing the property
after it had been removed. He had, however, de-
liberately committed the crime of perjury, and he
Ras bound to pan Bauch a PientesAce vpon hiw PP*

would be calculated to deter others f rom commit-
ting a similar crime, and he should or der him to be
imprisoned and kept to hard labou: f,)r 18.naonths.
The learned judge concluded by static ig, that it was
necessary in cases of peijury, to levy a iine in addi-
tion to any other sentence, and he sh ould therefore
order those of the prisoners who had 'aeen convicted
of that offence to pay a fine of ls.
Sergeant Ballantine then said that in the course
of the case it had been stetted that a highly-respect-
able gentleman named Tozer had purchased a por-
tion of the bankrupts' stock from their establish-
ment in New Oxford-street, and he thought right
to state that that gentleman was from home
when the purchase was made, and the momeut
he became aware of what had taker' place he
repudiated the transaction, and insisted upon the
goods being returned.
Mr. Justice Blackburn said he was glad to hear
the explanation, and it was well that it should be
made public that Mr. Tozer had had nothing to do
with such a transact ion.

Sergeant Ballantine then applied for the costs
of the prosecution, which the learned judge directed
to be allowed upon the most liberal scale.
The prisoners left the bar apparently very little
affected by the result, and the Court was adjourned
to Monday, the 28th 31.tnuary.