The Sun.
London, England, 1844-01-30 00:00:00

NEWCASTLE-UPON-TYNE AND
CARLISLE.

Leave Arrive at Leave Arrive at
Newcastle. Carlisle. -Carlisle. Newcastle.
'6 °Morning 930 Morning 6 30 Morning! 9 °Morning
TO 0 1 30:Aftern. , 9 45 1 15 Aftero
230 Aftern. 530 ' 1 30Afiern. 5 0
5 0 830 18 0 8 0

SUWDAYB.
9 °Morph:4ll2 15 Aftern.
5 0 I 8 15

ALLEGED CRUELTY TO A FO-

REIGN SEAMAN. _
(From the Liverpool Albion of Monday.)
On Saturday afternoon Mr. Rushton was for some
hours engaged at the Police-court, in investigating a
a case in which an English captain was charged with
having inflicted wounds on the head, chest, arms, and
fingers, of an American sailor, by cutting him on those
several parts of the body with a sword. The name of
the defendant in the case was Peter Petre„ master of the
Lydia, a remarkably fine-looking man, who, for many
years, held a commission in her Majesty's navy, and
has, ever since the year 1817, been commanding ships
out of the port of Liverpool. The complainant, who
belongs to the State of Massachusetts, and who gave
his name Josiah Lawton, is a young man of a pale, yet
pleasing cast ofcountenance, and told his melancholy tale,
the details of which caused a thrill of horror through
the Court, in a straightforward manner. Mr. Owen,
solicitor, conducted the case on the part of the prosecu-
tion, and Mr. Harding, barrister, defended the accused.
Mr. Owen opened the proceedings by briefly stating
the facts, which were in effect that, on the voyage home
from the Brazils, the captain deliberately and literally
mowed the complainant down with a drawn sword. He
then Called the complainant, who appeared with his
fingers bandaged and both his hands tied in a sling. He
stated that he was a seaman on beard the Lydia, and
that ho was on the homeward-bound voyage from the
Brazils on the 19th of December last. About six
o'clock on the evening of that day the watch was
changed, and, shortly after, he received orders from
the mate to go aloft to rig in the main-top gallant
yard. He accordingly went, but, being prevented
from doing as he was ordered by the larboard-boom
beim:, fast, he returned on deck for a marling-spike,
witk which to loose the rope. When he got on
deck, he asked the mate if he could tell where he
might find a marling-spike, to which the mate rellitedr:
'C'
oDr:pLoiunatnhtinskaictC,a,rlydomn7lkinngow-spwikheestheinr
ymouydpospeor not,"
whereupon the mate exclaimed, " I want none of your
jaw." The captain, who was aft, asked what was the
matter, upon which the complainant informed him that
he was in search of a marling-spike, and that he wanted
it for the purpose already mentioned. The captain im-
mediately said, " Tut, tut, I never heard the like before."
The complainant said if he were allowed to cut the heel-
lashing, he could get the top-gallant yards in, but,
that otherwise, as the mate had made the boom so
fast, he should be unable to execute his orders. The
captain refused to allow the heel-lashing to be cut, and
ordered him instantly aloft, telling him, at the same time,
that he should stay above until he had completed his
task. When the complainant had got about half way
up the main rigging the mate sung out, " You d—d
half-and-halfer what did you say of me 1" Complainant
repeated the words, that he (the mate) had made the
boom so fast as to render it impossible to rig in the
yards, whereupon the captain exclaimed, "You d—d
Yankee son of a—, come down here 1" He accord-
' ugly came down, and, when he had reached the deck,
the captain said, "The mate shall see you slung up and
give you a severe flogging." The complainant's reply
was, " The sooner the better;" but the words had
scarcely escaped his lips, when the captain struck him
two blows in succession on the face. The .captain and
mate then seized hold of him, and he remained in the
hands of both for a short time. The captain then dropped
his hold, and ordered two of the men, Lewis Young and
Charles Kegan, the second mate and carpenter, to take
him aft. Those men immediately proceeded to obey orders,
and took him aft as far as the mainmast. The captain then
proceeded to his cabin, speedily returned with the sword
in hie hand, and came to the spot where Kegan and
Young were holding the unfortunate man, and where
the mate was also standing. The captain then struck
the complainant once or twice with the sword, the scab-
bard being on at the time ; but, almost immediately
after, the complainant saw the sword naked. He did
not, however, see the captain draw it from the scab-
bard. The captain then cut at him with the drawn
sword ; he cut him with the sword on the arms,
shoulders, head, and hands ; and he was cutting at him
at such a rate, that he cried out, " For God's sake, save
my life." After he had made this entreaty the captain
gave him two or three additional cuts. He then cried
for mercy again, believing at the time that he was
bleeding nearly to death. After the second appeal,
the captainceased to cut him any more. He then told the
captain that he was bleeding to death, to which
the latter replied, " You d—d Yankee son of a—,
you are not bleeding at all." During part
of the time that the captain was making use of the
deadly weapon in the manner described, Kegan and
Young, continued to hold the complainant, they being
unaware that' he captain was making use of a sword, as
it was extremely dark at the time; but the moment they
ascertained that that weapon was being used, they let
go their hold. After the cutting had ceased the com-
plainant asked the captain to dress his wounds; but the
captain refused to comply with the request, and, almost
at the same moment, one of the sailors came up out of
the forecastle with a light and said, that the complainant
was actually bleeding to death. The captain then or-
dered a bucket of water to be brought and the wounds
to be washed; and, after this had been done, the captain
dressed the injured parts. The complainant denied
that he struck either the captain or the mate ;
hut, it subsequently appeared, that he had told
Superintendent Leverett the day before that he had
struck them both and knocked the captain down.
Several of the sailors were then examined to correborate
the testimony of the complainant, and they deposed
generally to the dreadful nature of the injuries. Kelly,
a passenger on board the Lydia, stated, that, although
not a professional man, he had dressed and attended to
the wounds at the request of the captain. He said that
he had not observed any disposition to mutiny on the
homeward voyage. Mr. J. P. Harris, house-surgeon at the
Northern Hospital, stated that the complainant had been
brought to that hospital the day before, and that he la-
boured under an extensive wound on the right fore arm,
about the middle, on the outer side ; that the little
finger of the right hand had been cut off about the
middle ; that there was a wound on the left hand at the
base of the thumb, another wound on the upper part of
the chest on the right side, and a wound also on the
head, which seemed to have been recently healed. He
believed the complainant would ultimately recover the
use of his hand, but he had not the use of it at present.
At the time the wounds were inflicted, they were dan•
gerous to life ; and they had evidently been inflicted with
a cutting instrument. A sword with a scabbard on
could not have indicted such wounds, unless the scabbard
was pressed and made sharp at the edge. They were
clean cut wounds.

When the case for the prosecution had closed.
Mr. Harding said he was instructed to state, that the
captain had never used a naked sword on the occasion ;
that the captain had borne her Majesty's commission in
the navy up to Isl 7 ; that, from that period to the pre-
sent he had commanded many vessels out of the port of
Liverpool ; and that no charge had ever been brought
against him, except once when there was a dispute
about the wages. He then called
Thomas Muir, the chief mate of the Lydia, who
stated, that the complainant had stove in the bottom of
the long boat ; that, near a dangerous shoal on the coast
of Brazil, he knocked the ship about five or six points,
" on purpose," as he said, " to have a row with the cap-
tain ;" that, at the time of the affray, he struck the cap-
tain on the head and knocked him down, and that he
had attempted to " gouge" him (the mate), by putting
his hands into his mouth and trying to tear his jaws
assider.

Joseph Wilson, a passenger, deposed, that the cap-
tain's conduct was that of a gentleman, and that he had
not used any undue violence towards the crew.
The case having here closed,
Mr. Rushton said he had no doubt but that the com•
plainant had been saucy ; that he and the mate got to
words ; that the captain interfered ; and that it was
right the man should have been punished. But there
the authority of the captain ended. It could never be
that that wholesome authority, placed in the hands of a
captain, should be tnrned into a felon's sword to slay,
for the man had been cut down with a sword. There
was no safety for life if this sort of conduct was to be
tolerated. It was one of those deliberate acts of rash-
ness for which the captain must answer before the tri-
bunals of his country. He should be taken into custody.
Mr. Harding asked whether he would be admitted to
bail.

Mr. Rushton inquired whether there was any further
evidence for the defence?

Mr. Harding replied, that there was not, except evi-
dence as to unexceptionable character for forty years.
Mr. Rushton said be would take the captain's own re-
cognizance in :500/., and two sureties in 200/. each for his
appearance at the Court this day (Monday), at twelve
o'clock.
Bail to this extent was shortly after tendered and ac-
cepted, and the captain was liberated for the present.

FATAL ACCIDENT ON THE EAS.
TERN COUNTIES RAILWAY, AT SPRING.
FIELD.

On Sunday morning, as one of the luggage trains was
proceeding from Colchester to London, on arriving at
Springfield, by some accident the train got off the rails,
and after running about fifteen yards some of the car-
riages, with the engine, were overturned. A number of
labourers had been employed at the spot where the ac-
cident occurred, in getting ballast for the repair of the
line, and at the spot where the train appears to have
run off, there has been a sort of temporary rail laid down,
and which was used by the workmen to carry the gravel
out of the cutting, and the labourers were at work
at the time. The mail train had passed over the
spot about an hour before, but fortunately no accident
occurred. The engine and tenders were both thrown on
their sides, and William Scott, the stoker, fell under the
former, and was killed upon the spot ; and it was a
long time before his body could be extricated. The en-
gine, driver named William Henney, was very severely
cut and scalded, and it is very doubtful whether he will
recover. He was immediately conveyed to the Two
Brewers at Springfield, where he said that before the train
- ran off he felt a jerk, as though something was upon the
lino, and this was all he was able to state of the transac-
tion. A carriage was attached to the train, in which
were six persons, all of whom escaped uninjured ; and,
indeed, they were not aware that any accident had hap-
pened until the stoppage of their carriage. There was,
also, a cattle-truck, in which were several bullocks, and
by the shock of the engine, being overturned, one of
them was thrown out, and, hanging by the halter by
which it was secured, was suffocated. Both the men are
married, and have large families. From inquiries that
have been made, there appears to be very little hopes of
Henney's recovery.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Jan. 29.
.Sittings at Nisi Prius before Mr. Baron Rou and a Com-
mon Jury.)

ITARVISY v. POCOCK AIID OTHEREI.
Mr. James appeared for the plaintiff, Mr. Thesiger and Mr.
Hill conducted the case for the t.l.4iendants.

This was an action to recover conifAlqation, by reason of a
trespass alleged to have been committed 131 the defendant
and others on the premises of the plaintiff, a tilitAel weaver,
carrying on business in Nova Scotia-gardens, Bettinaliven.
The defendants, who acted under a power of attorney of Let,
Isabella Brydges and W. 0. Hammond, being unable to ob-
tain the amount of a quarter's rent, distrained on several
looms and wheels at work in the plaintiff's house, which he
(the plaintiff) contended was an illegal proceeding,
there being other goods on the premises to satisfy
the demand, the law exempting implements of trade
in use from distraint. He also contended that his
business had sustained serious injury by the seizure; also,
that the defendant never applied for the rent, and was not
acting for the real owner of the house, the original owner
being dead, and the question of ownership, a subject of con-
siderable litigation. The case was tried during last Hilary
Term, when the preceding facts were adduced, and a verdict
found for 8/. 15s. 6d. in favour of the plaintiff, the present
trial being the result of an application for a new trial on the
ground that additional and conclusive evidence relative to
the ownership had been obtained.—Verdict for the plaintiff,
Damages 40e.