The Sun.
London, England, 1861-01-16 00:00:00

stan that day, and steadied his basin between his
I egs.
. _ _

Lieut. Edward Barkley, senior lieutenant of the
Cossack, was next examined—On the 27th of April
last Captain Moorman, in going his daly rounds
found some bananas in a store-room, contrary to
his orders, and he sent the yeoman, I.: iah Smith,
with orders to me to place him on the capstan.
The captain himself came on deck shortly after-
wards, and the man not being on the capstan, he
ordered him to get up there, but the man refused.
I was directed by the captain to call the marines to
place him there. When there he would not 1
stand, and to compel him to do so a whip was
got on the mizenstay, with a bowline in it,
placed round him under his arms, and when he
was lifted up in a standing position a turn
was taken with it, leaving sufficient slack
for him to move about, and not sit down. The
bananas were hung round his neck, and orders
were given me by Capt. Moorman to keep the man
there sitting one hour and standing the next, until
he stood of his own accord, when he was to be
allowed to come down. About 4 in the afternoon
he was released, on complying with the orders.
Capt. Moorman then gave me orders that when the
hands were on the deck the fiddler should be sta-
tioned on the capstan. The fiddler (Isaiah Smith)
was not placed in irons that night, nor on any
occasion on bread and water. With reference to
the second charge, on or about the 30th of April
the hands were on de-A making sail, and witness
was carrying on the duty on the bridge. Sent for
the fiddler, and ordered him to play on the capstan.
He said he could not, but seeing no reason why he
should not, the order was repeated, when he replied
he would not in so mutinous and insubordinate a
manner that witness went to Capt. Moorman and
reported to him the circumstances. The captain
then came on deck, and ordered the man up on the
capstan himself, and on his again refusing ordered
him to be put in irons, which was done with one leg.
After some further evidence for the prosecution
the Court closed for half an hour. On its being
reopened the Judge Advocate notified to the prisoner
that the Court would allow him to give his defence
as he had requested.
Capt. Moorman, in addressing the Court, said he
was placed under the peculiar circumstances of
being tried under such serious charges as cruelty,
oppression, and unofficerlike conduct, with their
consequent heavy penalties, if proved. The captains
of her Majesty's vessels were always liable to similar
charges. He must support his officers. He found
orders disregarded by the man Smith and set at
nought on the subject of cleanliness at a time when
a disease (ulcers) was raging in the ship and no cause
could be assigned for it. Admiralty instructions
directed that musicians and others of that class
should not take first-class petty officers' military rank,
He treated this case with ridicule, and believed it
to be the best course to pursue under the circum-
stances. It had been proved by the evidence that
Smith had been cautioned not to place decaying
matter in the storeroom. It had also been proved
that while on the capstan he could stand in an easy
manner, and that the rope could be no restraint
upon him, nor was the ship rolling in a manner to
make his position at all uncomfortable, much less
dangerous. It had also been clearly proved that
his forbearance to the plaintiff was such that he
was told to comply with the first order and he would
be forgiven. The man's laughing conduct when on
the capstan proved he was in no pain or danger.
Mr. Russell, the surgeon of the ship, had told the
Court that he never knew Smith had been lashed
up, neither did Smith ever come to him and make
any complaint of the injury he had stated to the
Court he had received by being suspended. All the
witnesses who had been called had spoken to the
man Smith not having been swinging about. With
regard to the expressions " dozen, and then a court-
martial," spoken to by the witness, the evidence of
the senior lieutenant of the ship quite sufficiently
disposed of them. He was not disposed to be
bearded by a character like the man Smith, and,
had ho committed himself again, he would have
punished him after so well-meant a caution. The
man Smith, as proved by Lieutenant Barkley's evi-
dence, was not systematically persecuted from the
27th of April to the let of May. The capstan
affair was over by 4 o'clock on the first day. The
standing bowline placed round Smith's body was
only placed there to make him stand where ordered,
and had perfect play from his loins to his armpits.
On the occasion of the man Smith's desertion he
might have said, " Thank God! the fellow is gone ;"
but he took a different course, and his duty to his
profession compelled him to endeavour to capture
the deserter and hand him over to punishment,
which he succeeded in doing. This was all that had
subjected him (the prisoner) to the degrading in-
dignity of being sent home from a foreign station
for trial by a court-martial on such false and un-
founded charges. Captain Moorman, after expres-
sing in strong and indignant terms his feelings at
being placed before the Court on such malignant
charges, concluded by leaving his case in the hands
of the Court, and expressing his confidence in their
full acquittal and exoneration.
Witnesses were then called for the defence.

Lieut; Keppell corroborated Lieut. Barkley's
evidence in most of its points, and stated that the
conduct and bearing of Capt. Moorman (the pri-
soner) towards Isaiah Smith was during the time
to which the present charge referred of a most for-
bearing and lenient character.

Lieu—t. Shaw was called, and gave similar evi-
dence to Lieut. Keppell's, and to the same effect, as
to Capt. Moorman's forbearance to the man Smith.
Mr. Freeman, gunner of the ship, gave similar
evidence.

The Court then closed to consider the evidence
and their finding.
After a short time the Court reopened, and their
finding .was read by the Deputy-Judge-Advocate,
to the effect that, the Court found the three charges
not proved, and honourably Acquitted the pri-
soner. The Court could not separate without pro-
perly noticing the gross disregard for truth shown
by the witness Isaiah Smith.
The President, addressing Capt. Moorman, said—
Capt. Moorman, I have much pleasure in handing
you your sword.
The proceedings then terminated.

LOSS OF THE PRINCE ALFRED, LON-
' " DON AVI.I LEITH STEAMER.

The Prince Alfred, London and Leith screw steam-
ship has been totally lost a few miles to the north-
ward of Flamborough Head, and, fortunately, the
whole of her passengers and crew were saved.
The illfated steamer left Leith in the early part
of Saturday for the Thames, having on board
some thirty passengers !and a general cargo of
merchandise. She was pursuing her voyage
early -on Sunday morning off Flamborough, when
thick weather was encountered, and the unfortunate
vessel went ashore some three or four miles to the
northward of that prominent headland. Most for-
tunately there was not much wind or sea en, and the
boats being lowered the passengers were all safely
landed. The most prompt measures were then taken
to save as much as possible of her cargo. A large
quantity of dead meat was got ashore but the ship
having bilged, she gradually filled. In the course
of Monday night the wind and sea got up very
high, making right over the wreck, and yesterday
(Tuesday) morning she was telegraphed to have
broken up and disappeared. The Prince Alfred was
nearly a new steamer, and was a favourite on the
station. The coast in the vicinity of the wreck is
reported to be strewn with her cargo, which has
been taken charge of by the coast guard of the
district,

Six MINERS SUFFOCATED.—The Birmingham
Post reports a serious mining catastrophe. It appears that
on Tuesday night the men engaged at the Blue Pit, Wyr •
ley-common, in the parish of Ogley Hay, went down to
work', and amongst the number were four, named James
"oper; aged 26; Thomas Craddick, 37; John Cooper, 30
and Charles Coledrake, 41; together a :th two boys, named
Emmanuel Millington, 11 ; and Levi Craddick, 11. From
some cause at present unexplained a quantity of smoke from
an adjoining pit found its way into that part of the pit in
which the poor fellows ivere working, and on the butties
going down the pit at five o'clock on Wednesday morning,
they found the whole of the miners quite dead, death evi-
dentlf having been caused by: suffocation in consequence
of the smoke from the adjoining pit.
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