The Sun.
London, England, 1845-11-20 00:00:00

CHARGE OF MURDER ON BOARD

THE SHIP TORY.

George Johnstone, who appeared about 40 years of age, the
captain of the ship, was yesterday placed at the bar of the
Thames Police Court, on the charge of murdering William
Mars and Thomas Reason, part of the crew of the ship Tory.
Mr. BRODERIP said that a note had been put into his hand
from the medical attendant of the prisoner, stating that he
was labouring under erysipelis inflammation, arising from a
puncture in the left leg, and should be accommodated with a
chair.

The prisoner was then supplied with the accommodation
required.
Henry Slack said he was apprentice on board of the ship
Tory. He served in her during the last voyage. When the
ship was at Fayal the captain went ashore in a boat. On his
return to the ship he spoke to several of the seamen, and then
asked where Mars (the chief mate at that time) was. Mars
came, and the captain spoke to him, but witness could not
hear what he said. He (the captain) then struck William
Mars. Witness could not say exactly with what, but he
thinks with a pistol. He saw a pistol in the captain's hand.
The captain afterwards spoke to Thomas Lee and Thomas
Reason, but witness did not hear what was said.
The prisoner here beckoned Mr. Humphries, and remarked
that the witness was quite mad.
Witness, in continuation—The captain again called for
William Mars, and spoke to him, but he did not recollect the
words. The captain then struck William Mars, but he could
not say what the blow was with. After the blow blood

flowed from Mars. Mars was after this put in irons by the
orders of the captain. He was in irons about three-quarters
of an hour, and was then called down into the cabin. Wit-
ness heard some words, but could not tell what they were,
not being there. He was outside, on the companion-way.
Mars was again sent up, and placed in irons on the main
hatch. He remained there about three-quarters of an hour.
He was then called down again into the larboard after cabin.
Witness was in this cabin at the time. Mars was
handcuffed. The captain struck him with a cutlass, and
blood flowed in consequence. Mars was then ordered
upon deck, and placed upon the main hatchway.
Having remained about half-an-hour or three-quarters, to the
best of his recollection, he was called: down again by the
captain. Mars came down handcuffed. The captain struck
him with a cutlass about the head and hands. Mars spoke,
but witness could not recollect what was said. Mars after
this was again placed on the main hatchway, and he bled
again. His face was all covered with congealed blood, so he
could not say whether there were any fresh cuts or not.
There were cuts also on deceased's hands, which bled.
After this he was placed on the main hatchway. Shortly
Mars was again called down, but by whom witness could not
say, as he was on deck. An order came for witness and
Julian to go down into the cabin, and they did so, the cap-
tain being at dinner. Mars was sitting down, and seemed
in a very weak state. The captain told witness and Julian
to make Mars stand up. We told him to get up, and
he got up, but he immediately fell down again,
saying he was not able to stand. Witness had the
cutlass in his hand at the time, given him by the
captain. Witness had hold of the handle of the sword,
and Julian the other end. They told Mars to lay hold
of the back of the sword, which he did, and they raised
him up from the table; but Mars let it go, saying he could
not hold it, he was so weak. They put a piece of cord
through a hook in the beam, and passing it round Mars, en-
deavoured to pull him up. Mars groaned and moaned, say-
ing be could not stand it, and his head fell on one side.
They then let him down, when he seemed very weak, and
in a dying state. The captain ordered him to be taken out
of his sight, saying, " He has got the look of a murderer in
his face." Mars was then removed. The captain ordered
Tucker to remove Mars, which was done by passing a rope
round his body. He was taken on deck, witness
following. There was a strand of the rope round his
limbs. Julian called all hands on deck, saying that
it was by the captain's orders they had to come.
He saw David Johnson and Franklin Tucker' heave
another strand of rope round his legs; others of the
crew being there. Witness was standing by with a
cutlass in his hand. Mars asked for a drink of water, which
was given him. After he had got the drink of water there
came a worm out of his mouth. All hands said it was an
evil spirit that came out of him. Witness then went below,
and reported these things to the captain. He stood a few
minutes there, when French came down and said that Mars
was dead. The captain said, " Are you sure of that ?"
French said, "There was nojear of his telling him so unless it
was so." William Dunn came down and asked for a prayer-
book to read the service. This was immediately after Mars
was reported dead. Dunn got the book and went up. A
few minutes after Dunn came down again, and said that Mars
was buried. The captain, in the interim, had not gone on
deck. Nothing further passed until about half-past five or
six o'clock. All the hands then came down except witness,
William Burton, Julian, William Dunn, French, Alexander
Sinclair, James Glover, and William Spence. Witness was in the
carpenter's berth in the captain's cabin, and heard what took
place. To somebody who came down the captain said,
"Are you implicated in this affair or not ?" The answer was,
" Yes, Sir." They all came down the same way, and were
questioned, and answered in a similar manner, " It is all
concerning Mars ;" and this was all that was said.
With regard to the death of Thomas Reason, he would
state what he knew. He, was lying in his berth in the
morning of a day during the voyage which he did not re-
collect, when William Burton came and asked where he
could get a little wine. Witness asked who it was for, and
he replied, "For Thomas Reason, who is very nigh dead."
Witness told him to ask James Glover, the steward, for the
dipper in the pantry, and he could get the wine out of the
casks. Witness got up in a few minutes, and went up on to
the gangway. He saw Barton put a little sugar in a
glass of wine and take it towards the forecastle. Wit-
ness followed into the forecastle, and on uncovering
Reason's face he was found to be quite dead. Witness
saw blood flowing from one of his sides. Reason was covered
with a rug that was stained with blood to the extent of a
foot. David Johnson sewed up Reason in some old canvass,
after which witness went aft, and stopped on deck about half
an houf. Witness had seen Reason the same night in the
cabin, when he did not appear to be in a very bad state,
though he was bleeding from the wound on his forehead,
which he had got when the captain was striking at Mars, the
sword missing the latter and grazing his forehead. Wit-
ness did not see Reason buried. This was all he knew Vint
matter.

James Barton and John Barton were brought before Mr.
Maltby, charged with having committed a robbery at the
Red Lion public-house, Crown. court, Pall-mall.
On the 15th of last month two persons went into the club-
room of the Red Lion, and called for a pint of beer. One of
the men put down sixpence to pay for the liquor, and while
the servant was procuring change at the bar it is supposed
that the men contrived to get into an adjoining room, and to
break open a box with a "jemmy," and to possess themselves
of a quantity of wearing apparel belonging to the servant,
Sarah Ann haughton. Information of the robbery and a
description of the supposed thieves were forwarded to the
station-house, Vine-street, and this circumstance afforded
means to Langley, one of the detective force, of apprehend-
ing the prisoners. The constable, by the description, imme-
diately recognised the suspected parties to be well-known
load characters, who had committed offenses in public-houses,
and who had been in custody before for felony.
recognisedil I a rkw ick,
thet het landlordl‘o p r
prisoners
no
ef thers a
sßed h
eLmi Lion, and
whoand the
were se
inr
the -
vaitClub-room on she day of the robbery.
The prisoners were remanded for further inquiry
ExTraNSIVE ROBBERY OF BANK NOTES.— iV.
in. Wood,
orter p to the Horticultural Society, Regent-street, was
-
Drought up for further examination on suspicion of having
stolen from Mr. Peck, Lower Belgrave-street, coal merchant,
the sum of 1201. in Bank notes.
The circumstances of the alleged robbery are briefly these :
—The prosecutor, in October last, about eight o'clock in the
morning, was drinking brandy•and-water at the bar of the
urd apply for change to the landlady of a public-house.
Royal Standard public-house, Piccadilly, where the pri-
soner and some cabmen were also assembled. The prosecutor
took out his money to make good a bet on a horse-race
which was offered to him, and this circumstance gave the
prisoner and his companions an opportunity of seeing his
money, and where he kept it. Shortly after leaving the
public-house the prosecutor missed his money, but, though
he offered a considerable reward, he was not able to obtain
any clue to his property until a few days ago, when he as-
certained that a 5/. note of the lost property had been
changed by the prisoner.
Theal
n t replyeeroa t
ofo g
theet
then
prisonerote changed
to the
fora ra g
charge
asteraaea, that
whoma
t heh had
volunteered
property, he
h.
He had done all he could to assist the prosecutor to recover
his
and he thought he was very hardly dealt by in
being accused of any participation in the robbery.
Mr. Peck said he had traced a 204 note to Messrs. Swan
and Edgar's, but as he was not quite prepared with evidence
he hoped the magistrate would remand the case for a week.
The prisoner asked to be admitted to bail, and the prose-
cutor said he had no objection to this, if the magistrate con-
sented.
Mr. Maiurnv declined to admit the prisoner to bail, and
ordered him to be again brought up on Tuesday next.
SOUTHWARK.
THE ANONYMOUS LETTER CAsE.—Henry Kellsrby, the
youth charged with sending anonymous letters, containing
threats of a violent nature, and in some instances also in-
closing poison, to several Of the parishioners of St. George's,
Southwark, was brought up for final examination.
In addition to the evidence already adduced against the
prisoner, was that of Mr. Humble, a hop-merchant, of Balhans •
hill, to the following effect :—About the period the anony-
mous letters were sent to several of the inhabitants of St.
George, Mr. Humble had a brother of the prisoner living
as footman in his service. That. gentleman was included in
the number of persons to whom anonymous letters were
sent; and the first he received was dropped in the letter-
box of his office on St. Margaret's-hill, near the Town-hall.
It purported to be written by a person well acquainted with
all his domestic affairs, and the writer threatened to waylay
and murder him if he did not immediately discharge John
Kellerby, his footman, from his service. At first Mr.
Humble paid no regard to the anonymous communication,
but having received three others of a similar tendency, he
was at length induced to dismiss the young man, under the
supposition that no more letters of a similar description
would be addressed to him on the subject, but in this he was
disappointed, for no sooner had he got rid of his servant than
another letter avas sent through the post in language of the
most infamous nature, not only threatening his life, but also
the members of his family, and condemning his conduct for
having discharged a servant without having any sort of
complaint to urge 'against him. With a view to detect the
writer, a policeman was stationed near the letter-box in
which most of them had been dropped, but this plan did
not succeed, for no more letters were received through that
medium; but a day or two afterwards a letter was addressed
to Mrs. Humble, her husband being out of town, and on
opening it, there was a quantity of arsenic found made up in
a small package, which the writer...who assumed to be one of
Mr. Humble's clerks, said he was directed to transmit to her,
and that she was to take it in water or any other liquid,
and it would have a berieticial effect.—(The letter alluded to,
and the arsenic it contained, were produced in Court.) Mr.
Humble added, that he never recollected having seen the
prisoner until in, Court that day, and that the young man,
whom he und';:istood was his brother, and lived in his service,
was of very good character, and that he discharged him
solely or. the account of the anonymous letters, in the hope
that teach a step would prevent any further annoyance of that
description.
Another witness, named Lott, belonging to the Post-office,
was examined, and several of the anonymous letters, as well
POLICE INTELLIGENCE.
as the prisoner's writing, ha.-sing been shown to him, he gave
it as his opinion that They were all written by the same
M4NSION-HOUSE.
Yesterda person. The witness added that he was in the habit of com-
y Mary 'Smith and Henry Thompson were brought paring handwriting, and that he had frequently to appear
ip for further examination, charged witlehaving most grossly on trials to give evidence of that nature.
,mposed upon the public. Mr. Corry`.rciirAst said that two witnesses bad already
The secretary to the Mendicity Society attended to pro- identified the letters produced to have been done by the same
secute.
hand, to the best of their belief, and this fact, in connexion
Worledge,' City policenian (442), said that about four with the other circumstances alleged against the accused,
o'clock on Weduesday, the 12th November, the female pri- made: it necessary to send the case for trial.
soner was pointed out to him as an impostor. He followed The prjsoner's father, addressing the Magistrate, said fiat
and saw her go into some houses in Friday-street, for the he was convinced of his son's innocence, and that s:.,me of
purpose of begging, and she dropped a letter, which was the parties who had got up the present unfounde•!, charges
partly in Taint and partly in writing, and contained a list of aga3.nst Lim were the very persons who wen ,-,nilty of the
the contributions of the charitable. Witness took her into offence.
custody. The male prisoner, who had been talking with her, Mr. COTTINGHAM interrupted the father, and advised him
waited outside while she entered. not to proceed in that manner, and ta`
Mr. J. W. Taylor. a clerk in the employment of Messrs. ceive that he hadno professional ro ~
in attendance to
at he regretted to per-
Liddiard and Co., of Friday. street, stated that the female conduct the case on the part of ' entleman
i, son.
g read over the whole of
prisoner called and asked for Mr. Liddiard, who was ort at Mr. Edwin, the chief clert.,, havin
the time. She then went to Mr. Liddiard's partner, who, 'the depositions relating to the case, and which were of con-
sipon hearing her, gave her ss. She called again on the siderable length, tile Pllisoner was committed for trial; the
12th, and was taken into custody, intelligence having been Magistrate, howev'gr., having accepted of sureties for his
given that she was a notorious impostor. appearance at the ;Central Criminal Court on the 24th inst.,
Mr. William Curling, merchant, carrying on business at on. 'which. day the sessions commence. The prosecution 'will
No. 5, George-yard, Lombard-street, stated that, between nix be instituted by the parochial authorities of St„,_
jaland seven weeks ago, Mary Smith called upon him at his P,outhwark. .
cceer,, aonfdwhpierh thesenetefdolltoowihnigmistaheeoppayp:e_r produced by the. WANDSWOR -- - -
TH.
" SecretarymrofhSitteaeabtaenl'slbe, OAffiagigcve.,e4nnroeBms4ese.Department, ..f THE RICHMOND RAILWAY.—SUMMONS FOR TrassrAss --
Yesterday was appointed for the hearing of a BUDIII10.";
" Before any intelligence against the promoters of the Richmond Railway for tri-,,pas's.
actin convict the following questions must be correctly anspweredg, viz.:--,a'
JolbtawAililtkbeepreca, oallaeocitieciiltotrh, aotbotnainFerdidaay,autmhem7: ins.ta.nt, Mr.
" Convict's name—John Wilson.
. against the
".Where tried—Old Bailey sessions, promoters of the Richmond Railway for urf fill •
iaw i y entering
" When tried—January, 1841, upon and taking possession of a certain
piece of land, called
" Sentence—Seven years. the Panmar Close, situated in the P':.rish f Beres,
oabutting
"To what hulk or prison removed—York. • 0- -
1 on the east of Barnes-common,
_ie property of Mrs Charlotte
"If sent on board, the name of the ship bywhich # ' Chapman, of the Terrace, P
- .ITrey, without h •
eying obtained
• !ans.- theof that I ' - - •
ported—Asia.permission kty, or paying the sum of money
claimed for the land, vie 1
" The bearer, Mary Ann Wilson, is the lawful wife, of the . Whenthe " 1,4001.
above man, wo left this country through embezzlernent, casea was called on, there were neither corn-
and plainant
she is anxious to join her husband with her two c'aildren, at .it was nor
befendant present, nor their attorneys, but
Hobart Town, New South Wales, but nnfortunatA__
yis with- case had been intimatedy a note to the sitting magistrate that the
settled
out the necessary funds to defray their .expense_, and passage This is the • second time that
out. I have every reason to believe Ip.r deserr4wr the assist_ .a t. in the Magistrate's power of
•. - gi nmg summonses
mice she implores.'cases of this ?nature has been taken
aaN vantage of as a forcible inducement;. this to railway
com-

To Mr. Humphries, in cross-examination—H. was sixteen
years old. He had given the same accowit before to Mr.
Rawley, to whom he had been sent to give his evidence.
This was on Saturday night, when his evidence was taken
down in writing. He was alone with Mr. Hawley at the
time.

Arthur Gilmour Spencer examined—He went out an ap-
prentice in the Tory. He was apprenticed to Messrs. Duncan
and Gibbs, of Liverpool, the owners. He was with her
the late voyage. On or about the 23d of September he was
informed by Captain Johnstone that Barry Yelverton,
another apprentice, had told him that Stephen Cone and
Thomas Reason had said, when off the Island of Ascension,
that " if the ship did not reach the island before the morning
the captain would be a dead man." The captain said no
more at that time to witness. Shortly afterwards witness
was called upon to come on deck, and write down anything
the men had to say. The crew were all aft when he came on
deck. He heard the captain ask them if he had not treated
them always most humanely, or something to that effect.
Most of them said, Yes. He saw Thomas Reason and Stephen
Cone in irons by the break of the poop on the starboard side.
They seemed to have been severely wounded, and he-saw the
blood flowing down their faces. He heard no report or state-
ment made at that time to the captain. He went be-
low, and sometime afterwards he heard Richard
French state to the captain that the crew, or part
of the crew, had sharpened their knives, as witness un-
derstood him, with the intention of having he captain's life.
The captain seemed to bo in a great state of excitement at
the time. He heard French say also that, if the captain
went forward, they intended to seize him, and sail the ship to
the continent. Witness also heard Dann make a statement
to the captain that Richard French had sharpened his knife-
on both edges, with the intention of taking the captain's life.
This was the object as far as he recollected. Cone and Reason
were kept in irons till next day, when Lambert, the chief
mate, jumped overboard. He believed that daring part of
the time they were in irons up on the tops. Always when
witness came on deck he saw the officers in charge of the
poop armed. On the 25th he saw J. Rambert on his knees
before the captain, who was standing up. The mate prayed
the captain to forgive him ; the captain several times pointed
the sword to his breast, threatening to run it through him,
but he did not see him touch Rambert at that time. Wit-
ness saw the captain the same day aim a blow at Rambert
with a sword. The latter was unarmed. The blow took
effect on the body of Rambert. He was after this called
upon by the steward to take evidence on the part of the men,
which he did, and the written papers were given to the cap-
tain. Witness had since seen them in the hands of the
solicitor.

Mr. Hawley here handed in six written papers, four of
which the witness identified as the evidence of the men,
taken by him on September 25, and signed by several of
the crew ; the others were taken in the following month.
The ship was in peace until the 22d of October, when the
ship was off Fayal. The captain went on shore, and returned
with the harbour-master, whom he invited into the cabin to
take a glass of wine. After this Mars was called
below by the captain. They were, apparently, on friendly
terms at that time. A few days following this witness was
in the cabin, and Reason was called. The captain had a bayonet
lying by his side. He shook Reason violently, on which witness
went out. About three-quarters of an hourafter the steward
and witness went into the cabin, and Dunn, the cook, in pre-
sence of the captain, said that Reason waft dead. Witness
thought Dunn was joking, and said " Ohoionsense ;" when
the cook immediately took hold of his ha-ad and it was quite
cold. Witness was greatly horror-stric;cen at the time. The
captain seemed quite calm, and app-cared to be in no wary
affected. Witness was much surytised and shocked at kis
manner at that moment. (The examination of this witness
was continued somewhat longer, 'out to a similar effect, being
mainly corroborative of the eN
iidence of the previous wit-
nesses.)

The further examination ',fwitnesses was then adjourned
1 Tuesday next.