The Sun.
London, England, 1829-05-29 00:00:00

QUEEN-SQUARE.

Yesterday James Butler was brought up for fur-
ther examination, before Mr. GREGoutE, charged
with wilfully setting fire to the manufactory of
Messrs. Downing and Sons, in the King's-road,
Chelsea, on Sunday, the 17th inst. Messrs. WIL-
LIAMS and FLOOD, county magistrates, were on the
Bench, und the most intense interest was excited by
a numerous attendance of gentlemen from Chelsea
and the vicinity.
• The following additional evidence was then called
by Mr. Wooler :
Isaac Ryde, carpenter and joiner, and foreman to
Mr. Peto, of Chelsea, lived in the King's-road, op-
posite to Mrs. Moore's nursery-ground. On Sunday,
the 17th instant, about eleven o'clock, he went to

take a walk with a friend, and on his return home
he saw the prisoner and another man standing by
the White Stile, leaning over the bar, nearly oppo-
site the late manufactory of Messrs. Downing.
Mr. GREGORIE—What o'clock was that ? .Wit-
ness—lt was about a quarter to one o'clock, or
might be nearly one o'clock. The prisoner looked
very bard at me, and I thought he appeared

agitated.
Mr. GREGORIE—Did you make that observation
at the time or since? Witness—At that time; I

made the observation to my friend who was with
me, and took particular notice of the prisoner. I
then went home and was looking out of the window
which overlooks the premises of Mr. Downing,
when my wife called me down to dinner, and at
that moment I saw the prisoner in a position at the
palings with one hand upon them as if he had just
leaped over into the road. I called out to my wife,
" Why, there is one of those chaps that we saw be-
fore we came in, leaping over the palings."
Mr. GREGORIE—What o'clock was this at ?
Witness—From about a quarter past one o'clock to

half-past one, as near as f can recollect.
Mr. GRHGORIE—What palings were they you
saw him come from ? Witness—They were either
Mrs. Moore's or Messrs. Downing's ; they arc in a

line, and adjoin.
Mr. GREGORIE—How long had you observed the
prisoner altogether ? Witness—l had no watch,
having been robbed of that and my money a short
time ago in the King's-road, but as near as I can
gtv si it must have been about an hour.
Mr. GREGORIE—Now you swear positively to
the prisoner : have you any doubt ? Witness—l

have not.
John Benham, a carpenter, who lodged with the
last witness, deposed to seeing two men at the White
Stile at the hour mentioned by Ryde, but could not
swear tetheir persons.
Robert Walker, of No. 64, Lower George street,
Chelsea, shoemaker, stated that ufter the fire a man
came into his shop and they were talking about it,
when witness observed that it was very likely some
of the parties concerned would "split." His
prentice, Thomas Portsmouth, said there was no
occasion for that, for a person had told him that
James Butler had confessed he set the manufactory
on tire, and then sat on the sill of a window and
laughed at it.
Mr. GREGORIE—Is yourapprentice in attendance?
Witness—No, he is not ; but he can be sent for.
Mr. Gregorie here ordered the apprentice to be
sent fur, and also Thomas Vickers, who had been in
custody on the same charge, but discharged on his
promise to come forward at any future period.
The prisoner remarked to Mayhank, the constable,
who was passing the dock at the time to send a
person for witnesses, " You have not got the right
man yet—l eta the wrong man."
Mercy Hill, a female servant in the service of Mr.
Downing, deposed that there was a very ferocious
dog on the premises, which would always hark, and
attack strangers. On the day of the fire, she must
have heard the dog bark if any strangers had been
about the premises.
Mr. Downing was again sworn, and stated that
when the prisoner was in his employ, he had fre-
quently seen him give the dog bones to pick.
The messenger now arrived with 'Vickers, and
the witness Ryde was asked if he was the man who
was with the prisoner at the White Stile bar on
the day of the tire.
Ryde said the man wa: in different clothes,
though he agreed with him in size and person, but
he did not think he was so pale, having a much
browner cast. _ _

Robert Walker's apprentice was now brought
into the office, and stated that he was at the fire
►when it was burning, when a lad said that Butler
tJld him he set it on fire. _ _

~V•Mr. GREGORIE—Do you know the I,al ? Wit-
ness—l do not, but I should know him again by

sight.
Mr. GREGORIE asked Butler if he wished to say
any thing ? Butler wished to call his witnesses,
but by the advice of his solicitor he declined-it at
present.
The solicitor had advised his client to pursue
that course until he knew the full extent of the charge
against him. He, begged of the magistrates to
grant him an order to see his client in prison, as
none of his friends were allowed to go near him.
Mr. GREGORIE said he should have a genera!
order to see him at any time.
The prisoner was then remanded.
THAMES OFFICE.

Wednesday t he live Spaniards,Jose Ramon Disonle,
the chief mate, Bartholomew Sofia, Francisco Fer-
nandes, 3lichael Robert, and Jacob Carrides, who
were captured in a slave ship, were brought up for
second examination before Mr. BALLANTINE and
Captain BICIIBELL.
Senor Joseph M. Del Castello, the Spanish Con-
sul, attended to watch the proceedings on the behalf
of the Spanish Government.
Captain Loader, of the merchant ship Seppings,l
detailed the circumstances which led to his taking
possession of the slave schooner, of which the
prisoners were part of the crew, in la'. 5. 55. north,
long. 27. 10. west. The schooner hail 149 slaves
on board, was in distress for provisions, and bore
down upon the Seppings for assistance; and finding
she was a slave-vessel, he took possession, and sent
her with the chief mate and some men to the island
of Barbadoes. He took the prisoners out of her to
supply the place of the men of his own crew lie had
sent to navigate the schooner. She had Spanish
and French colours, with signals of distress flying,
when she came down upon the Seppings. The
master and a great many of the slaves had died, and
the mate was entirely unable to make any calcula-
tion of the latitude he was in. Capt. Loader said,
he had not as yet any news of the schooner's arrival
at ligrbadoes.
Mr. Simpson, the surgeon of the Seppings, gave
similar testin'ony.
The Spanish Consul said, from the representations
made to him by the prisoners, he believed they were
no: regularly engaged in the slave trade, but were
forced into it. Ile s, ished to understand upon what
authority the prisoners, being subjects of the King
of Spain, could be detained by the Government of
this country.
Mr. BALLANTINE said, they7were detained under
particular Acts of Parliament enacted for the pre-
vention 'of slavery. Those acts were founded on
treaties agreed to between the United States, Spain,
England, France, and other nations, who all had
entered into a pledge to do the utmost in checking
the sl tve trade. The treaties he alluded to were
annexed to the Acts of Parliament, and formed a
sort of appendix to them, and the prisoners being
found in a slave vessel having a cargo of slaves,
subjected themselves to such vengeance as those
euactments directed.
The Consul submitted that the men, being com-
pelled to take the slaves on board, could not be held
amenable. Their statement to him was, that they
took from Cuba a cargo, and ran into a harbour on
the coast of Africa to avoid pirates, and by permis-
sion of the Governor landed their cargo, which was
seized immediately by the Governor, and he re-
fused to give them its value in specie, but offered to
sell them slaves to the value of their cargo. Under
these circumstances, they were obliged to take the
cargo of slaves ; and not being sufficiently victualled,
they sought a supply from the Seppings.
Mr. BALLANTINE answered, that the schooner
was, the witnesses had proved, fitted up for the
slave trade. If they had any natural repugnance to
the traffic, why did they take the blacks away ?
The Consul said it was manifest that if the
schooner was a regular slave-vessel she would have
been sufficiently victualled for her voyage. Huma-
nity (even necessity in that respect) required that
she should have ploy>, of provisions.
Mr. BALLANTINE thought that much on the score
of humanity was not to be expected from fellows.en-
gaged in such a trade as this. The fact was, it was
clear, being engaged in carrying slaves, their deten-
tion was legal. The whole of the circumstances of
the case showed they were engaged in the slave-

trade. The mate had admitted that the Governor
of the Havannah was the owner, and had shipped
money to purchase the blacks in Africa.
The Consul said the mate and the other prisoners
denied making any such admission.
Mr. BALLANTINE —Aye, but they did say so.
The Consul said they did not sail from the Ha-
vannah, but from the port of Cuba.
Mr. BALLANTINE never heard of such a place as
the port of Cuba.
The Consul said it was on the opposite, or north
side.

Mr. BALLANTINE never heard of such a port.
He examined the chart of the leeward passage, and
could find no such port on the lee side of the Ha-
vannah.

Captain RICIIBELL never heard of such a port.
There was St. Jago de Cuba to the south-east.
The Consul again observed, that the statement of
the prisoners being forced into the schooner was
deservipg of consideration.
Mr. BALLANTINE knew that such a defence was a
common thing. He knew of the case of an Eng-
lishman detained for piracy setting up the same de-
fence; it would not weigh with him, and he was de--
termined to commit the prisoners to Newgate, for
trial at the Admiralty Sessions. The offence was a
misdemeanour, and the prisoners might be bailed.
He would take bail for them that day, if it was ten-
dered.

The Consul shook his head, and said the Spanish
Government could not bail them ; it would be dan-
gerous to have them about town, and much better
if they were confined. He would, however, corn,
municate with the Ambassador.

The prisoners complained of not being allowed
time to get their clothing from the schooner.
Mr. BALLANTINE observed, the complaint was
quite uncalled for.
Captain Loader said, the blacks, 149 in number,
men, women, and children, were all confined naked
together, and chained by the legs. A great many
of them had died in that situation, and the mate had
avowed his intention of throwing the whole over-
board, had they not fallen in with a ship.
The prisoners were then taken to Newgate.