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

C ASE OF MUTINY AND MURDER

ON BOARD THE TORY.

ACQUITTAL OF THE PRISONERS..

THAMES POLICE-COURT.—Yesterday the mquiry into this
mysterious case of the crew of the ship Tory was resumed at
one o'clock. At an early hour the front of the Court-house
was besieged with parties eager to obtain admission; and
such was the pressure, that it was with the greatest
difficulty our reporter gained access to the Court. No
case for many years has created such a sensation in
this neighbourhood ; end the excitement was much in-
creased by rumours current, that certain most startling and
horrid disclosures would be made, inculpating the captain
of the ship in a very serious degree. Captain John-
stone, the master of the ship, was taken into custody at the
beginning of the week from suspicions raised against him at
the first examination of the men, coupled with the circum-
stance that he was making preparations to leave the country.
He was brought up on Tuesday, and after the brief examination
of ono witness, he was remanded till yesterday, to be brought
up, when the men underwent their second examination.
Mr. Broderip occupied the bench on the occasion. Mr. May-
nard, of the firm of Crowder and Maynard, Mr. Hawley his
clerk, and Mr. Clarkson, the barrister, appeared for the
owners of the ship ; Mr. Humphrey for Captain Johnstone,
and Mr. Pelham and Mr. Ballantine, barristers, for the sea-
men. It appears that up to a late hour on Saturday evening
Messrs. Maynard and Hawley were employed in examining
into the case, and it was in consequence of the disclosures re-
sulting therefrom that the statement was made before the
magistrates on Monday, already published, and on which
the captain was taken into custody.
Twelve o'clock was the hour fixed for the examination to
commence, but owing to some bungling management on the
part of the police, who had not the prisoners ready in Court
when the case was called on, the inquiry did not begin till the
hour already named.
On the arrival of the prisoners, the constable who had
charge of them was called up by Mr. Broderip, and severely
reprimanded for his gross negligence in keeping all;partiee
waiting beyond the appointed time. The excuse offered was the
heaviness of the road, but that, the worthy magistrate ob-
served, was no excuse at all, as in such an important case
they should have been brought down at the earliest hour.
The seamen, sixteen in all, were then placed at the bar,
and seemed ravel improved in appearance since the last ex-
amination. :lair, the wounded man, was also present,whose
head was shaved and covered all over with patches.
'Mr. Clarkson opened the case by recapitulating the state-
ment he made on a former occasion. He said that having been
•informed by the owners of the ship, through information
derived from the captain, he had caused the men to be takeei
up on the arrival of the Tory, on the charge of attempting
to revolt off the Island of Ascension, and carrying off the
ship with her valuable cargo. The object of the
owners was to obtain the strictest and fullest inquiry.
Since that time certain disclosures had been made which had
operated on the minds of the owners to abandon the charge
brought against the men. He would not make reference
to the charge on which the captain had since been taken
up, beyond correcting a statement which had gone abroad,
that at the time the captain was taken into custody he was
contemplating going abroad. Such was not true. This he
stated in justice to that party. In conclusion, he was now
nstructed to abandon the charge against all the men.
Mr. BRODERIP—In that case there is no evidence against
the men, and they must be discharged.
This declaration was received with ?bud cheers by a
crowded Court, which was instantly suppressed by the officers
in attendance.
Mr. Ballantine said lie had 'a remark to make befog the
men left the Court. It was this—that so far from their
being pirates, it was through their good conduct, passive
endurance, Christian submission, and sailor-like fortitude,
that the ship ever touched this country. The men left the
bawithouta blemish on their characters, and no party need
be"shamed td employ them in similar service to that in
which they had been engaged.
Mr. BRODERIP said that, looking at the whole case, he
thought it very strange that the captain, on arriving on the
coast, should not have appealed to the civil power, instead of
putting the men ie irons. This was a very extraordinary
proceeding. There was now nothing left him but to dismiss
the men from the bar.

The seamen then left amidst manifestations of th's greatesb
satisfaction from all present.

George Johnstone, who appeared about 40 years of age, the
captain of the ship, was next placed at the bar, on tile charge
of murdering William Mars and Thomas Ream. part of the
crew of the ship Tory.
Mr. BRODERIP said that a note ha d been Turk into his hand
from the medical attendant of the prisoner, stating that he
was labouring under erysipelas infl: Lmmador., arising from 2
puncture in the left leg, and should be aecummodated with a
chair.

1 The prisoner was then supplied wit ht the accommodation
required.
Henry Slack said he was! apprentice on board of the ship
Tory. Ile served in bi!..-r during the last voyage. When the
ship was at Fayal the captain went ashoi.e in a boat. On his
return to the ship he spoke to several of till seamen, and then
asked where Mars (the chief mate at that ime) was. Mars
came, and the captain spoke to him, but vitness could not
hear what he said. He (the captain) then struck William
Mars. Witness could not say exactly wit la what, but he
thinks with a piatoL Ile NW a fletol in thy captain's hand.