The Sun.
London, England, 1845-12-24 00:00:00

drank sometimes wine, sowietimes brandy. Ido not
know the date on which the wine was cbtained from the
French barque.
Henry James Stephens, a boy of 14 years of age, was
next examined—He said I am the son of Mrs. Thompson,
who was a passenger in the Tory. I recollect the Tory
arriving at Fayal, but I cannot tell the date. I went
ashore there with the captain. This was before any
thing happened to Reason and Mars. The captain said
he would kill all the crew when he got on board. He
said this when we were going up stairs at the English
Consul's. The reason why he did not say. I said, " Don't,
Sir." He said nothing to that in reply. I returned with
the captain on board, and immediately after he cut David
Johnson with the cutlass on the back, and about the head.
He said a little while after he would clear all the boats
crew fore and aft. He bad drank a bottle of wine with
the English Consul's daughter.' On going on board the
ship, he said, " Here I come like seven bells half struck."
The harbour-master came on board after the captain, and
remained a short time. After he left the captain called
out for his pistol and sword. They were brought by
Jatrnes Glover. He then struck Mars with the edge of
the sword. Mars was standing by the gangway at the
time. Mars was saying or doing nothing. Ho had a lan-
tern, and was assisting the things on board. I heard no
threatening expressions, nor any gestures of the kind
among the crew. The next morning I saw Mars covered
all over with blood. Three days after Mars and Reason
were dead. They were in good health before these oc-
currences. For thirteen or fourteen days before these,
the ship had been quite quiet ; ever since the mate Ram-
bert jumped overboard.
Mr. Hayward then called the carpenter Sinclair, but
that witness not being in atteadancc, he said he would
waive that witness at present, and proceed to add some
evidence respecting the third case, the death of Mars.
William Beresford deposed—l was called on to attend
and feed Mars three or four days before his death. He
was on the main hatch in double irons all the time, with
a large shackle round his neck. He was all covered with
blood. He had several cuts about his head, his upper
lip was nearly cut off, and hung over his mouth. I had
to lift it up to put the bread in his mouth. It was soaked
bread I gave him. Respecting his death, I saw him
hauled up out of the cabin with ropes. He was very
near dead at the time, and died about a quarter of an
hour after. There was a rope put round his waist, but
I do not know whether they squeezed him or not.
Barry Yelverton recalled, and examined respecting
the depositions of the men taken on board concerning
the deaths of Reason and Mars. I signed those deposi-
tions at the order of the captain. I refused at first, but
the captain said, if "we refused he would cut our hearts
out, and make us sign them with our hearts' blood." (A
general thrill of horror pervaded the Court at this state.
ment.) I think Spence and Julien were present when
that expression was used. This was said after Mars'
death. It was said by the captain several times. It
was in consequence of that threat that I signed the
depositions.
Julien Cordiavello, examined on the same point, said—
I signed some papers, but I don't know what they were
about, and I did it by force. The captain said, " You must
sign it, and if you do not I will kill you." It was in
consequence of the threat that I signed.
William Dunn gave evidence to the same effect, that
he signed three or four papers, but it was through in-
timidation. It was after the death of Mars and Reason
they were signed, and in consequence of the captain say-
ing, if they did not, "He would cut their hearts out, and
make thorn sign them with their hearts' blood."
Some of the witnesses not being present to complete
the foregoing evidence,
John Levis, surgeon of the Westminster House of Cor-
rection, was called to give evidence as to the state of the
crew when the Tory arrived. He said he examined,
on the night of the men being committed to
prison, Nelson, Gair, and Barton. This was on the
evening of the 17th. The others, of which he had the
names in a paper before him, he examined next day. The
three first men appeared scarcely human, their wounds
had not been dressed or washed for several days, their hair
was dishevelled, and they were very dirty. By his orders
they were put into the infirmary. The next morning he
made a particular examination of all the men. The
witness then read a paper which he drew up at the time
and signed. It stated that Nelson had an incised wound
on the scalp, and another on the collar-bone and
back of tho neck. The side of the neck and face
was burned and disfigured as if by gunpowder. There
were several wounds on other parts of the body. Gair
was the worst wounded, having his head scared in seve-
ral directions with wounds. His face was much dis-
figured with gunpowder, and he had several wounds
on the body. There were about twelve other of the
men who were wounded, some of them very extensively,
but the two named were the severest cases. Alison
had a severe wound by which his ear was almost
separated. The wounds had, however, healed very
readily, and might be considered more extensive than
severe. This was the substance of the written paper. The
witness continued, and said he examined the captain after
he was taken into custody. Witness found a punctured
wound on the back of the leg. Since then it had been
attended with severe erysipelas inflammation. The
captain was much depressed when he was taken, and in
a bad state of body, which might have been the cause
of the inflammation. The prisoner had no symptoms of
recent drinking. The wound named was the only one.
William Clapp, second surgeon at the Seaman's Hos-
pital, was next called, and examined respecting Morris,
who had been taken into that hospital. He corroborated,
as far as that party was concerned, the statement of Mr.
Levis. ,
Alexander Sinclair, the carpenter, next called, was
examined respecting the origin of the transactions on
board the ship and relating to the death of Rambert.
The ship was quiet until they passed the Island of As-
cension, about the 23d of September. They were short
of provisions and water then. The quantity had been
limited for six or reven days to a pint of water per man.
A gallon a day is reckoned the allowance. Several of
the crew were dissatisfied and grumbling. It was re-
marked that there could have been more water obtained at
the last place they called at. There had been no disturbance
that he was aware of up till that time. He recollected
bespeaking a French barque, about five or six days after
leaving the parallel of Ascension, and three days before
Rambert jumped overboard. They got some water
and provisions, and a cask of wine, from the barque.
About this time the captain found fault with the mate
about the boat being damaged. Witness heard the mate
say that if he had not a wife and family he would have
jumped overboard. Witness did not hear the reason of
his saying so, as he was only passing along. The
same night they bespoke the barque witness over-
heard Barry Yelverton tell the captain that Reason
had said, "if he (the captain) did not make the Island
of Ascension next day, there would be no more Captain
Johnstones." This was alleged to have been said the
day before the time when the ship should have reached
Ascension, but it was not told the captain till after be-
speaking the French barque. Witness' afterwards
heard the captain call Rambert, and tell him
that there were intentions amongst the crew against
him. Rambert said he did not know of any at that
time. The captain then ordered the first and
second mate, and witness, and the three boys to take arms,
and they all did so. This was about nine o'clock at
night. The watch, comprising eight men and a boy,
were down asleep at the time. The other watch was on
duty and all orderly as far as he knew. Up to this
time witness heard nothing of any mutiny but what he
heard Barry Yelverton tell the captain, and the captain
saying, when he ordered them to be armed, " That he
believed the crew had sharpened their knives to take
his life." Several other questions were put
respecting subsequent proceedings, but the answers
were mainly corroborative of the evidence of the
other witnesses, fully given, as to the manner the captain
had acted towards the deceased. The only point ma•
terially differing from the former examinations was re-
specting the conduct of the captain after Rambert
jumpeeoverboard. The witness stated that on Rambert
jumping overboard the captain called the crew together,
and asked if they should try to save him ? but the crew
were of opinion that ii would be of no use,
the ship being under such a crowd of sail. Wit-
ness at the same time heard Curtis tell the
captain that Rambert was the cause of all the
disturbance, as he wanted to take the ship to America.
Peter Curtis examined—He said that the mate
came to him about two hours before he jumped over-
board. He was all cut about the head and face. Wit-
ness told Burton and others to go aft, and make the
cabin fast, as the captain would murder all bands.
Witness took iron belaying pins, and so did another of
the orew, and went aft with the mate, as far as the
break of the poop. French told them not to be foolish,
and so they went forward again, throwing down
the iron belaying pins. He saw French forward with
a pistol loaded, who threatened to shoot Rambert if
he did not go aft to the captain. French had a bayonet
in his hand as well as the pistol. Witness also heard
the captain threaten that if he did not bring the mate
aft, he would take his (French's) life. Rambert went
aft, and the captain struck him several times on the
head with the butt-end of the pistol, and cut him with
the cutlass about the head and face. Rambert
was then put in irons, but immediately after re-
leased ; and witness saw the captain chase him
' round the deck with a drawn cutlass in his hand,
when the mate jumped overboard. Before Rambert
jumped overboard witness did not tell the captain the
mate intended to seize the ship and take it to America.
He did not hear any one say so but the captain. The
only reason why he wanted to seize the captain was for
their own protection, on account of his going about the
deck pricking and cutting the crew with a cutlass and
bayonet. The attempt he had named was the only one
made by the crew.
Mr. Hayward said this was all he had to offer
on the three principal charges, and he would now
proceed to call evidence respecting the proceedings of
the captain when the ship arrived in the Channel, re-
specting the cutting and wounding of the crew.
Beresford, Curtis, Tucker, Blackdon, Spence, Glover,
and Alison, being the remaining portion of the crew that
had not been examined on the fourth charge, were then
called in, and, with the consent of Mr. Humphries, and in
order to economise time, Mr. Hayward confined the
examination to the actual injuries each had received from
the captain, without going into the general case on which
evidence had already been fully taken. Beresford said he
had got two cuts on the head and one on the wrist,
and was made to kiss the sole of the captain's foot. Curtis
stated that he had been cut in several places about the
head and body with a cutlass, all hands being down in the
cabin at the time on their knees. Tucker deposed that
on the 7th of November he had been called down to the

cabin and ordered on his knees, _ and that while in

that position he was fired at by the French, through
order of the captain, on the face, the captain standing
by at the time with a cutlass over his head. He was
afterwards cut and find at while on deck. The state-

ments of Spence, Blackdein, Glover, and Alison, were
of a similar character.
The evidence being closed, the &positions wt4re read
over, and the witnesses severally boioid over to appear
and give evidence against the prisoner at the next ses-
sions to In held et the Central Criminal Cole.

N ENG, DECEMBER 9.43 1845.

Mr. B RODE RIP, then addressing the prisoner, informed
him that, after a long and careful examination, it was
his painful duty to commit him for trial at the ensuing
session of the Central Criminal Court, on three capital
charges of murdering William Rambert, chief mate of
the ship Tory, Thomas Reason, second mate, and Wm.
Mars, common sailor; and also on the charge of feloni-
oucly cutting and wounding the crew of the same ship.
The prisoner was then removed in a most exhausted
state, and thus terminated one of the longest and most
extraordinary magisterial investigations upon record.

POLICE INTELLIGENCE.

BU IV-STREET.

Henry Lyons, an architect arid surveyor, was charged
by Nicholson, the '• Lord Chief Justice of the Judge and
Jury Society," of the Garrick's-head, in Bow-street, with
creating a disturbance at the above hotel, and commit-
ing en assault on the complainant.
The " Lord Chief Justice" stated, `that at about half-
past three o'clock yesterday morning, the prisoner was in
the large room at the hotel, using the most disgustingly in-
decent and obscene language, when, at the desire of
several persons who had been annoyed by him, witness
and two of the waiters proceeded to turn him out. In the
course of a little time, however, he returned, and meeting
witness at the door, struck him violently in the face.
Witness then called a policeman, and gave him in charge.
The prisoner asked if there were not several " masked
characters" in the room at the time? Witness—There
were a great many. They came from Jullien's Gal
masque at the theatre.
Prisoner—Was there not a lady there in disguise ?
Witness—Yes, several.

Prisoner—Was not the conversation carried on en-
tirely in French? Witness—No; it was in English.
The prisoner said that the statement was false. He
admitted that he had used indecent language, but he
had not spoken in English during the whole time he was
in the room. He was "chaffing" a gentleman about a
lady who was with him, in a fancy dress, and at the sug-
gestion of this gentleman he was turned out by the
landlord and the two waiters. He had certainly struck
the landlord, but not till he had been provoked by the
violence used in turning him out.
The witness denied that he had used any unnecessary
violence in turning the prisoner out.
The policeman F 72 was then called, and said that he
was on duty in Bow-street, opposite the Garrick's Head,
about four o'clock this morning, when he saw the pri
soner turned out by the former witness, and afterwards
saw him return and strike some one, but he could not
tell whether it was the complainant or not, as there were
several persons there. Witness then crossed the road,
and took the prisoner in charge.
Mr. JARDINE fined the prisoner 405., or in default of
payment committed him for fourteen days.