Star.
London, England, 1808-12-23 00:00:00

CORONER'S INQUEST.

WIDER OF JOHN DAS SETT BALDERSTON, ESQ.
CAPTAIN OF HIS MAJESTY'S SHIP PARTHIAN.

Oa Frida

morning, the 16th instant, WHIT.

Of the Parisi& et
Ateadteese.

194'
194
187
IRS'
180

- 10

. 166
141

1191
1111
107
107

106
' 109
93

176
1,64
1521
145
147,
12111

- •

• .d ^

roan,Esq. Coroner, and a Any easisting of the fol-
lowing persons, viz.
• EDWARD HONLAND, PODONDO
WILLIAM HANcocm,
.
RODRIST CLARIS, Of the Parish of
WILLIAM BLACIVOID, '
Stoke Damantl.
TROSIAS .HIISSADO,
TUOMAS PIMP.
GROROE Yswzs, 1
JAMES CLOAK,
WILLIAM WILLIAMS,
THOMAS FULD,
lowa LAMSELL,
BINJAMIN WILLIAMS,
WILLIAM &SAW
took a view of the body of John assett Balderston,
Esq. lattSrain of his Majesty's ship Parthian, ly-
ing in a in the Royal Navy Hospital, to where
the body had been removed from the said ship. On
examining the body, they found a wound in the
lower part of the back, near to7the hips, about •one
inch in circumference; and another smaller wound in
the belly, about two inches under the navel, and a
part of the omentum hanging out. They then ad-
t=ed to the Hospital Inn, where evidence was
touching the murder, the substance of which
is nearly as follows
George Augustus Shultz, second Lieutenant of
the Parthian, said he was on board the Parthian in
Plymouth Sound, on Monday the 12th instant, at the
time the Parthian got under weigh, which was.abont
twelve o'clock in the forenoon ; he was attending to]]'
his duty on deck with the deceased, and other of-1
cers, when the deceased asked why Mr. Smith (who
-was Master's Mate) was not on deck ? and ordered
him to be sent for. When Smith came up, the de-
ceased asked him the reason he was not on deck, as'
the ship was under weigh ? Smith replied, in' a
most contemptuous manner, " he had not been sent.
for." The deceased said, "do you not know that
it is your duty to be on deck when the ship is under
weigh?" and called to Mr. Snape the Purser, to dis-
rate Smith, and that he would order him to do duty
on the Forecastle. Smith went immediately below,'
and was absent about half an hour, the ship .being
then abreast of Cawsand Bay. Smith came upon
deck, took a pistol from under his coat, and went to
the larboard side where the deceased was standing,
nn the gunway ladder, the back of the deceased be•
ing then towards him, and fired the pistol at the de-
ceased about six feet from him. The deceased turned
himself 'nearly round, one hand holding by an iron
.stanchion, the other to his stomach, and said," I am
shut, I am shot—who has shot me ?" Smith drop-
ped the pistol on the deck ; Mr. Snape, the Purser,
and a marine, ran immediately to the deceased ; he
dropped into their arms, and they carried the de-
ceased to his cabin : that he assisted in securing
Smith, and that the deceased lived for about an hour
and a half after.
Mr. John Snape, Purser of the Parthian, said, he
was walking on the starboard side, and the deceased
on the larboard side of the quarter-deck, about one
o'clock in the forenoon of Monday the 12th instant,
the Parthian being then under weigh, when the de-
ceased enquired why Smith was not on deck, and ;
ordered him to be sent for—about three minutes after
Smith came up the after ladder on the quarter-deck,
when the deceased asked him why he was not on 1
deck attending to his duty ? Smith replied, " I have
never been called fqr."—The deceased said, " do you
not know, Sir, it is your duty to be on deck when
the ship is under weigh—you are not fit to be an offi-
cer, and for your general bad conduct I will ditsate'
you," and ordered him (Snape) to disrate bim. The
deceased farther said, " You shall never do another
day's duty as an officer in this ship." Smith folded
his arms, and, in the most contemptuous manner,'
said, " you may do it if you please," and left the 1
deck. That he then went below, and ordered the
Clerk to disrate Smith, and then returned on the
poop—the deceased was then standing on the lax
board gunway ladder. About threelquarters of an
hour after, the ship being then opposite Cawsand
Bay, ,Smith came up the after ladihr' ran round the
capstan, and when arrived at about Five or six feet
from the deceased, he saw Smith level a pistol at the
deceased ; that he jumped from the poop to lay hold
of him, but before he got half way, Smith fired his
pistol at the back of the deceased—he flew instantly
to hit assistance ; he,was holding the stanchion with
one hand, and his stomach with the other ; that in
the agitation of his mind he endeavoured to find a
cutlass or other weapon, to be revenged of Smith, but
could find none at hand—he put his fist in Smith's
face, and said, " you villain, you have shot the Cap-
tain, if I had a pistol I would shoot you ;" told him
hewas a coward for taking die advantage he did, to
which Smith replied, lam no coward, Sir, for no
coward would do as I have done," shaking his head
at the.same time--.--that he assisted in carrying the de-
ceased to his cabin, and remained with him for about
twenty minutes—found that the deceased was wound-
ed in the back and belly—that he then went on shore
to call the assistance of Dr. Beaty, and when he re-
turned found Captain Balderston dead.
Thomas Stevenson, First Lieutenant of the Par-
thian, said, that on Monday, the 12th instant, at
about half past twelve o'clock in the forenoon, the
Parthian weighed anchor from between the island and
the main. She had gone about three quarters of a
-mile from Drake's Island, when the deceased asked
why Mr. Smith was not on deck, replied—" he had
not seen him." The deceased desired him to send
for him, which he did—then left the deceased and
went below. Abiiut five minutes after the deceased
sent for him again, and told him he had disrated
Smith, and desired he would station him where he
thought proper ; Smith was not then upon deck :
that he again left the deceased, and went below. In
about ten minutes after the deceased sent for him
again, when 'Smith was on- deck—left the de-
ceased again, to attend to the duty of the ship.
About a quarter of an hour after, as he was standing
on the bits looking aft, he saw Smith muting fun.
owly round the capstan ; drew a pistol fizest hit
`side, and presented it towards thelarboard gangway;
but at this time he could not see the deceased that
he Jumped from off the bits, and raft towards the
quarter deck ; by the time he had gone/tall' way, he
heard the report of a pistol or Inubket ; that p:him
be jot upon deck, he saw the de
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the larboard gangway ladder, and &Takla standing
near to the deceased, about six feet from him, with
.a pistol in his hand; that he ordered Smith to be
seized. Smith said—c 4 you must not seize me.--
that be then went to the deceased, who was holding
the part that appeared to be wounded, and the bloiod
was running freely from him ; that he ordered the
deceased to be taken to his cabin, but could not go
with him himself, being obliged to attend to the duty
of the ship, as every thing, by this time, was in great
confusion ; that shortly after the deceased sent for
him. He found the deceased lying on a sopha: when
the deceased said, 66 take the ship back, for I am a
dead man"—that he then left the cabin to attend to
the duty of the ship ; and shortly after the Surgeon
of the ship officially informed him the Captain was
no more; that he had no conversation with Smith after.
Mr. William Coombs, a young Midshipman, of the
Parthian, said, he was on the quarter deck on Mon-
day, the 12th instant, about one o'clock at noon, the
Parthian then under sail : Smith was then on the
quarter deck, and likewise the deceased • that the de-
ceased informed Mr. &tape, the Purser, that he would
not suffer Smith to do any more duty on the quarter-
deck, and that he would not be played upon any
longer ; that Smith in reply said, u no more would
he"—that Smith appeared to be intoxicated in the
morning ; but when he saw him upon deck, he did
not appear to be so—that Smith left the deck and he
followed him below ; that he saw Smith go to his
chest, which was close to bis birth, take a pistol out
and carry it into his birth ; that he came out again
and asked hint what he was looking at ? andordered
him to go away, he did not want Lim there : that he
then saw Smith go to his chest again, and take out
from his cheat a cartridge or cartridges, which he put
in his pocket ; that he then went -upon deck, and
mentioned what he had seen to another Midshipman&
that he soon went below egain, and found Smith in
his birth, resting on his elbows ; that he heard him
say to himself, 84 what am I broke for r—he then
knocked his hand on the table, and said, u I'll be re-
venged"—that Smith then left his birth, with a pis.
tol in his hand, and ran up the after ladder ; that he
r followed him close, and caught hold of the skireofbis
coat ; Smith slipped his foot, and he let go his hold
' that Smith ran on again, he calling to him to stop $
that he still followed him close, and when on the
quarter deck, saw Smith fire the pistol at the deceas-
ed, who was standing on the ladder of the larboatd
gangway ; that the deceased shrieked out, and there
was an outcry for seizing Smith, who was standing
with the pistol in his hand ; that when the outcry
was made, Smith, in reply, said, 46 aye, seize him ;"
that the pistol was one of the ship's pistols-f--every
officer being allowed to keep two.
George Galbraith, Surgeon of the Parthian, said, •
that he was on the quarter deck on Monday, the 12th
instant, about one o'clock, the ship then standing off
Drake's Island ; the deceased was then upon deck,
when the deceased enquired of him if Smith was sick ?
as be was not doing his duty ; that he then left the
deceased, and, when at the foot of the ladder, heard
the deceased speaking, in a loud tone of voice, as he
supposed, to Smith ; that about three quarters of an
hour after, as he was walking the quarter deck, heard
some person coming hastily up the after ladder,
which caused him to look that way, when he perceiv-
ed Smith holding the but end of a pistol in his left-
hand; under his left arm ' • that having heard that
Smith intended to shoot himself, supposed he was
about to do so ; that by this time Smith had got on
the quarter deck ; stopped about three paces from
the deceased, who was standing on the larboard.
gangway ladder—presented a pistol at the deceased,
and shot him ; that- he was close to the back of
Smith at the time ; that he laid hold of the arm of
Smith, but soon quitted, to assist the deceased, who
had nearly turned himself round. The deceased was
taken from the deck, and he examined his wound su-
perficially • that he found a wound on the right side
I of the back bone, near the hips, and on turning the
I deceased round, found a smaller wound in the belly,
t about two inches below the navel ; that on exert:an-
ing the wound in the belly, he felt hard substances,
I which appeared to be slugs ; that he informed the
IFirst Lieutenant the Captain was mortally wounded ;
that Capt. Balderston lived about an )(our and a half
after, and that he was with him to the time of his dead-.
Mr. Hanituick, Surgeon of the Royal Naval Hob-
! pica), said,
t thoascat opened enthe the b
:1
causeod of
of
his death.
BHal-
e
found three slugs in the body, which he produced to
the Jury ; and that a pistol ball had passed through
the body.
The evidence being closed, the Foreman observed
to the Jury, that he thought, from the evidence be-
fore them, there was no occasion for retiring—his
mind was most satisfactorily made up to a verdict
of Wilful Murder, as premeditated and as determined
a murder as ever committed by the hand of an assassi!t•
tieThsnenteJuniry immediately
isid;
said
mof—astWWe alleeilfsulm a in
Matnurgareeernf was
nis
given against JammSmith,airer d
Idajestyrs ship Parthian.
We have already given an account of the Coirt
Martial ; the evidence on which was precisely the
same as the above. •
After the evidence for the prosecution was dosed
on that occasion, the President asked the Prisoner
what he had to say ?—prisoaee, cc I have no u itnesses,
and I do not see what use it will be for me to make
any defence ; I leave it to the Court to judge as they
think proper." On this the Court was cleared, and,
after having deliberately weighed the evidence in sup-
port of the charge, was of optnton it was fully proved;
and adjudged him to be hanged by the neck until he
was dead, at the yardarm of one of his Majesty's
' ships, and at such 'time as the Right Honourable the
Lords Commissioners of the Admiralty shall please
to direct.
The doors being opened, and the audience re-ad-
mitted, the sentence was pronounced accordingly :
' after which, Rear-Admiral Sorrow addressed the
=ajsusfi:cnilowsolui"Tceda Murteorntheruso, floreintheanfodulamwfilurl-
',4kar of your tam, manifesting, by the nature of
ths-isse, a min of the most depraved assassin, yon
even Pram
Sovereign
unrefmittinig3rlthe
7.S.l7,cnspebentriodn'ev:Cit f
life, lose
limos
instant
in
preparingouSr erunewxistence,
biny thevierys
IMO* far the awful uibunal before which you must
prisoner withdrew, in sullen silence, in custody
Provost Martial.

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