The Sun.
London, England, 1845-11-13 00:00:00

G, NOVEMBER is

MURDER. AND MUTINY ON THE

HIGH SEAS.
Franklin Tucker, Julian Cordovialio (an Italian), William
Burton, David Johnson, William Beresford, William Dunn,
Thomas Gair, John Allison, Thomas Lee, Andrew Nelson,
Barry Yelverton (said to be grandson to the celebrated Lord
Avonmore), Stephen Cone, Richard French, Peter Curtis,
James Blandon (a German), and Robert Thompson, 16 of the
crew of the Tory, belonging to Mr. Duncan Gibb, of Liver-
pool, were brought to the Thames Police-office, and placed,
oome in the dock and others in front of it, charged with
murder and piracy on board the above-named ship, on the
high seas, within the jurisdictien of the Admiralty of
England.
The case, front the various rumours which got afloat, ex-
cited a feeling of intense curiosity. The Court was crowded
at an early hour, and the terrible details contained in the
various statements were listened to with deep interest.
Mr. Clarkson with Mr. Hawley, clerk to Messrs. Crowder
and Maynard, conducted the prosecution.
From the length of the inquiry, which lasted from one
until half-past five o'clock, we are necessarily compelled to
condense the details, but shall endeavour to preserve the
substance.

The prisoner Gair, the right side of whose face appeared
to be dreadfully injured, and who had his head bound up, was
accommodated with a chair; and several others of the pri-
soners, who looked miserable, were more or less wounded in
various parts of their bodies.
Mr. Clarkson said that, besides the heavy charge of con-
spiring to seize the ship and kill the captain, he feared it
would be his painful duty to charge some of the prisoners
with the murder of a nian named Mars ; but he would for the
present confine himself to the charge of piracy.
George Johnstone, the master of the Tory, who gave his
evidence in a very confused manner, which Mr. Clarksson
attributed to the state of excitement in which he had been
kept by the inatineers during the voyage, stated that during
the months of October and September the Tory, a free-
trader, of 608 tons burden, was on her way from Hong-
Kong to England: There was no difficulty until the vessel
was off Ascension Island, when the crew entered into a con-
spiracy, in which they were joined by William Rambert and
William Mars, the first and second mates. The plot was dis-
covered, and Rambert, apprehending the consequences,
jumped overboard on the 24th of September, which circum-
stance was recorded by one of the apprentices in the log.
Subsequently the lad Yelverton told witness that the men
intended to take his life, and that they had sharpened their
knives for that purpose. He was also told by the prisoner
French that the men intended to take his life, and that the
first mate and Mars had dragged the men out of their berths
in the forecastle to come and kill him. Before the mate
jumped overboard French and the carpenter found all the
men aft, armed with bolts and bars, in a mutinous state, and
rushing towards the cabin. All the men were there except
Lee, Reason (who is since dead), and Cone. These three
were in irons. They rushed forward with bolts and bars,
and witness, with two men, namely, Johnson and Thompson,
who were armed with guns and bayonets, were in the com-
panion. He asked the men what they came to kill him for,
and challenged them to say he ever treated them with un-
kindness. When the first mate jumped overboard he sung
out three times, and witness put the helm down to save him,
but the crew said it was of no use. The vessel and cargo
were worth 80,0001. The men afterwards went to their duty
for 25 days, until they made the island of Fayal, when they
again exhibited a mutinous disposition. He went ashore,
where he saw the British consul; and on his return French
told him that Mars, who is since dead, and who had been acting
as chief officer, and had a private conference with the crew,
and that they refused to obey him (French), who was boat-
swain at the time. Witness lectured the men, and sent for Mars
to his cabin, who as soon as he entered seized him by the
throat, and tore a piece out of his hand, the mark of which
still remained. Witness seized a cutlass which was at hand,
and struck him with the hilt of it, subsequently ordering him
into irons. French then, in the presence of Mars, accused
that person of fomenting a mutiny, which Mars admitted.
After that, as well as could be collected from the very con-
fused statement of the captain, the crew appeared to have
been quiet until reaching the Channel, when they again broke
out into mutiny. At ten minutes past twelve o'clock, whilst
French had the watch, a boy named Slack gave witness the
alarm. He ran on deck, and called to the carpenter for his
cutlass, when he saw French and Dunn, the cook, securing
Cone and Gair.

Mr. Broderip—Have you reason to think that they intended
to take your life, and possess themselves of the ship? Wit-
ness—Yes, they all admitted that they intended to take it
to America. Mars was killed by the men on board, and
the witness was not present at his death. lie had no
doubt he was strangled. It was said he was strangled by
Cocdoviallo, Burton, and Yelverton, after he was put in irons.
Witness heard some of the men say they murdered him.
Gair was wounded in the face when they were off Plymouth,
after a pilot had been taken on board. The crew then made
another attempt to possess themselves of the ship, and rushed
down to the cabin. French sung out " Mutiny;" the light
was put out, and witness received a wound, he believed from
a bayonet, in the calf of the leg, and another, as if from a
knife, above the jugular. One of the boys, or French, fired a
pistol, which was only charged with powder, in the ',Wee, and
that inflicted the injury on Gair.
Mr. Broderip—From all you say of French he seems to have
assisted you. Why then is he charged? Witness—l don't
understand. I thought so. He told the people in the cutter
when we came to Deal that he fired the pistol. Besides, he
pilfered some articles on board and told the people it was the
captain did it.
Broderip—Why, you say he was the first to call out
mutiny? Witness—l think he and the cook were at the
foundation of it all. The men from the revenue cutter were
placed in guard overthe crew, and other hands were procured
to navigate the vessel. _
. .

Mr. Clarkson said his object was merely to give an outline
of the case, as he was not as yet in a position to arrange the
evidence properly.
Mr. Broderip asked, whether the captain, after the state-
ment he had made, intended to charge all the men with
piracy ?—The Captain, in a cratfused manner, said he would
exempt Cordoviallo, who,, he believed, had been forced to
join, under threats of death. Neither was there much evi-
dence as to Burton.

Cordoviallo was then removed from the dock as regarded
the charge of mutiny, but, as the captain's statement impli-
cated him in the death of Mars, Inspector Evans was directed
to look to him.

Mr Clarkson again apologised for the confusion of the
captain, who eontbunded deaths and dates, saying that he
was still labouring from the effects of the high excitement
under which he had necessarily been labouring.
Alexander Sinclair, the carpenter, swore that, in his belief,
a mutiny had been attempted, and that it was the intention
of the crew to possess themselves of the ship. There was an
attempt to take the vessel off' Ascension Island, but he was
not awai eof the one off Plymouth. The captain complained
of having been wounded. Witness could not charge all the
prisoners with mutiny. He could only speak of Peter Curtis,
who had a marlin-spike in his hand when off Ascension
Island. This witness was equally confused with the captain
in his manner of giving evidence.
Mr. Clarkson begged for a remand, and pleaded the short-
ness of time for the imperfect manner in which the ease had
beel brought before the Court.
Mr. Broderip admitted that there was no time to look
over the evidence, but sufficient had transpired to warrant
a remand. It was pretty clear the vessel had been in a state
of mutiny,. and human life had been sacrificed. The cap-
tain had endured so much anxiety that he appeared, so to
speak, not as yet to have brought himself and his senses
together, and it was very hard to follow the thread of his
story ; but before remanding the men they should first be
heard.

The prisoners Burton, Dunn, Lee, Gair, Yelverton, and
Cone, made very long statements of a most appalling nature,
describing scenes of bloodshed and cruelty almost unpa-
ralleled.

Tucker merely denied the charge, and appealed to that
Power which knows the secrets of all hearts to vouch his in-
nocence.

Dunn said that the statements in the log were almost all
false, and every row that took place commenced with the
captain, who was in a constant state of intoxication, as two
female passengers could prove.
Lee said they had been on short allowance of water, until
they fell in with the French ship. After that the captain or-
dered all the larboard watch aft, after having been drinking
with the mate all day. They came from their berths without
waiting to put on their clothes, and found the captain with a
sword, and the two mates, Rambert and Mars, with bayonets.
The captain said, "You rascals, you have sharpened your
knives to take my life," and he began to cut with the sword
at him (Lee), Cone, and a man named Reason, who was after •
wards killed. He ordered the carpenters to put the three of
them in Irons, and whilst they were fettered, he came every
two or three hours and cut away at them. This was on the
2.3 d of September. On the 25th, whilst yet in irons, the cap-
tain got the shackles of the best bower anchors, and put them
round their neck. He then sent him (Lee) and Reason, still
in irons, to the main-top, and Cone to the mizen, where they
were lashed down. About 4 o'clock on the morning of the
26th the captain was cutting away at the chief mate, who
ran aft and jumped over the larboard quarter. They shook
the ship a little out in the wind, and then kept her in her
course.

Gair's statement was a most extraordinary one. He said
the captain sent for him when he was in irons in the lower
forecastle, and ordered him on his knees, say ing he would
have his life. The captain then cut at him about the head
and body, inflicting various wounds with the cutlass, and then
ordered Prench to load the pistol and fire on him, threatening
if it was not done as quickly as possible he would take
French's life. To save his own life French fired in his (Gair's)
face several times with the pistol. After cutting at him some
time he was allowed to go up, on the carpenter calling out to
pump the ship. He (Gair) was then called down again and
subjected to the same treatment, after which he was again put
in irons almost in a state of insensibility.
Yelverton, whose statement in various passages thrilled the
whole Court with horror by the terrible details, went at
length through the whole matter. We will give the sub-
stance of what he said, and the fearfully revolting circum-
stances which he stated, in the first person I deny that I
ever told the captain that the men sharpened their knives.
I'll tell the truth, but I can't speak as to dates. I told
him Reason said to Cine, that when the ship reached
Ascension Island lie would put out a blue shirt on the fore-
yard, so as that some of her Majesty's men would come on
tnard and see how they were treated. The captain abused
the mate (Rambert) on his return from the French vessel for
injuring the boat. The mate said, 'ByG— if I had not a
wife and family, I'd jump overboard.' After that the captain
and the mate were drinking in the cabin all the afternoon,
and the captain said several times to the mate, By I'll
kill you.' The captain about eight o'clock at night asked me
if I was afraid of the mate, and I said no ; some of the other
apprentices said they did fear for their lives, but I told the
captain to give the ny.te another trial, The captain then
pardoned him, and giving him a loaded pistol, told him to
fott,,e him upon the deck. The captain then asked the crew
it- knew of an intention to take his life, which they de-
nied. Reason (who has since died), Cone, and Lee were then
in irons. The captain threatened if they did not tell what they
knew he would take their lives. I think Curtis and Burton '
said that Mars hauled them out of their berths to secure the
captain. On that the captain had Mars put in irons, and
went down every half hour, and cut an inch off of him.—
(Frightful sensation.)
Mr. Broderip (with great emotion)—Do you mean what
you say? Do you mind what you say? You are on your
oath.
Yelverton—Yes, he said that was what hewould do to him.
Mr. Broderip—But you say he did it. That he cut an
inch off of him every half hour.
Yelverton—l can't be exact as to an inch, but he said that
he would cut him so.
Mr. Broderip—But you did not see him ?
Yelverton—Yes, I saw one piece cut oft' about the size ?f
my hand. It was cut off of the man's head, and all the hair
was on it.
This reply, which was made with great apparent sincerity
and simplicity, made the whole Court shudder.
Yelverton—The captain then took Mars to the inner cabin,
which was his bed-room, taking with him a strand and a
heaver. I don't know what was done there, but we heard
Mars sing out as if lie was choking. He brought him back
again in the presence of Julian and the other boys, and set
him against the cabin door, whilst he himself sat on the
lockerhead,'and whilst there kept pitching the cutlass at him,
sometimes sticking it in his head, and sometimes in his
breast.—(Sensation.) The next morning the captain said to
me and Spence, " You boys must spend all your time writ-
ing, for this is a serious job." The captain said to French