The Sun.
London, England, 1842-09-23 00:00:00

NS

CRIMINAL COURT.—(THIS DAY.)
OLD COURT.
(I3efore Mr. Justice WIGHTMAN and Mr. Justice
CRESSWELL.)
MURDER ON THE HIGH SEAS.—Philip Partridge;
30, the. master of the ship called the Jarrow, was in-
dicted for the wilful murder of Jose Maria Balager
Upon the, high seas, within the jurisdiction of the Ad-
miralty of England on the 20th of October, 1841.
Mr. Adolphus and Mr. Waddington conducted the
case for the prosecution, and Mr. Clarkson and Mr.
C. Jones defended the prisoner.
Mr. ADOLPHUS having addressed the Jury on be-
half of the prosecution, called the following witnesses.
John Fisher, examined by Mr. WADDINGTON—
Knew the prisoner at the bar. He was master of the
• vessel called the Jarrow. Witness was chief mate of
the vessel when it left Liverpool for Benin, on the
10th of March, 1841. There were French and
English seamen on board, and four Spaniards.
There were seventeen seamen in all. The
vessel arrived at Benin about the middle of May,
discharged their cargo there, and got another.
vessel left Benin in October. She was then in
a very leaky state, not fit to go to sea, and they were
short of provisions. In eight or nine days they made
Prince of Wales Island, the vessel being in a worse
state. Between Benin and Prince of Wales Island,
witness was disrated, arid became a common sailor.
Stopped a week at Prince of Wales Island, but the
ship was not repaired there, though there were means
to do so. Took some live stock and four Spaniards on
board at Prince of Wales Island. This was about
the 22d of October. Left the island at the end of that
month. Knew Jose, who was a good sailor, and did
his work well when he was able. He was well
enough when he came on board. The prisoner treated
' him very cruelly. Soon after they left Prince of
Wales Island, the prisoner flogged him with a rope's-
end. Jose had been using his utmost exertions at the
• Pump, but, in consequence of not pleasing the prisoner,
he flogged him. The rope was about two inches
round ; it was a piece of the end of the fore-brace.
The. prisoner struck Jose on all parts of the
• 'body, and gave him a most severe flogging.
Ity two days afterwards, the prisoner again beat Jose
with a piece of wood abaft the windlass. The wood
Was extremely thick to beat a man with. After this
beating, Jose became incapable .of doing almost any The prisoner's only reason for beating him
was, that he said he was a d—d lazy fellow, and
Should work. After this beating, Jose never worked
at the pump. Witness had often seen the prisoner
beat Jose, but never after he struck him with the
wood. Jose when he was struck with the wood, was
not in a good state of health. Jose died about a month
after they left Prince's Island. Witness saw him the
day before he died, when he was very weak. After
they left Princes' Island, they were put on very short
allowance, six or seven ounces of bread a day. The
Srisoner said with respect to Jose, and another
paniard, as they had not pleased him; he should
them on half the allowance, and, that threat was pin in-
E
stantly carried into effect. This took place about a
fortnight after they left Prince's Island. Jose died
,while lying on the forecastle deck, and was
thrawn overboard in three or four hours after-
wards. No medicine was given to him, and he
fell from weakness, shortly before his death, into
the scuppers. On the day of Jose's death
Joseph isher was first mate. He was no relation
of witness, nor would he own such a blackguard.
Joseph Fisher was boatswain, and was appointed
first mate in the place of witness.
Cross-examined by Mr. CLaexsoar—Saw Joseph
Fisher before the Magistrate when he was examined
for the Crown, and saw him also last Tuesday. The
Jarrow was a brig of about 230 tons. Lost six of
the crew when he went to Benin. The crew num-
bered about fourteen or fifteen when they reached
Prince's Island. There was no ship yard at Benin,
but the ship might have been repaired at Prince's
Island. He believed the prisoner left that island
Wilfully without having the ship repaired. At this time
the ship was making about three, or three feet and a
half of water. The pumps were obliged to be kept
at work continually. When they arrived at Santa
Cruz there was ten feet of water in the hold. It was
necessary, to prevent the ship foundering to keep the
Pumps working night and day. On one occasion the
Prisoner himself worked at the pumps. Hoisted
lights for assistance, but could not obtain it ;
be thought, if they had, any one having
any feeling for the crew would have abandoned a
vessel that was in the state the Jarrow was. Did not
know what terms the prisoner made with the
Spaniards, when they first came on board. When they
came on board the Spaniards were set to the pumps ;
they had fine weather for sometime after they left
Prince's Island ; if they had not the vessel must have
gone down. Had been in a vessel similarly situated
English
the Cape of Good Hope. Did not recollect the
Ktiqlish part of the crew saying the Spaniards did not
bait work their spell at the pumps. Witness never
,"id so himself. Never heard any of the crew grum-
"ling about the provisions being short, and that the
they Spaniards had as much allowance as them, though
did not do half the work. Witness swore deli-
berately that the only reason for his being disrated
was because he
said to the prisoner on one occasion
that he Wanted
when he instant!assistance to
y told
was never drunk on boahridm man some of the sails,
of the r to. go forward. Witness
never sold any ! o.r in the Cove of Cork, and
Witnesa had occasionally takenovisions there or at Falmouth.
butnever required calling _ a snoose when on watch,
of the demijohn till he fell d
. Never drank raw spirits out
Recollected the surgeon of toilet: barque drunk
Peruo n thes
adyeicukg
.
when he was ill that he had on
a work being drunk, and that little grkot
wthoeufledvedro from
good. Never had been found asleep onrintheeesdelcskl_a_nidn
the forenoon. On the passage from r
to Teneriffe the prisoner beat witness most cruelly,
but for what he could not tell. He believed the
Spaniards they took on board came from a slave ship
that was captured. The homeward cargo was from
10 to 12,000 i. value. The whole crew were in a state
of exhaustion when the vessel arrived, from the great
e
ertions they had made to keep the vessel afloat. It
as about a week or a fortnight after Jose was
struck with the piece of wood that he died. The
• liessel was in so bad a state, that upon several -occa-: sons when witness was at the helm she would not
answer it, but turned round in a contrary direction.
-"ley were ten days at Teneriffe before any complaint
was made againtt the Captain of ill usage. The pri-
soner had then made no complaint to the authorities
with respect to the vessel and the crew. Witness
never lias drunk either on the voyage outwards or
homewards.
fTaHenry Allen, a black, was shipped on board the
barrow, at Liverpool as steward—The vessel went to
nin and Prince's Island, the ship was then in a
very leaky state. Recollected some gentlemen coming
4,n board at Prince's Island and had some conversa-
tion with the prisoner. One of them said, " Only hear
mw your men are pumping. You are going home
:)4 a winter's coast, and the men will become ex-
hausted and cannot pump," to which the prisoner re-
PLlted, he would make them. Witness knew Jose,
tee
Spaniard, who died ; he used to be called Sarno-
and also Grand-dad. The prisoner used him very
',41, and repeatedly flogged him. Did not know what he
"id it for as the man seemed to be doing all he
could. The captain used to flog Samorella on all
Parts of his body, and one of his hands mortified from
it' The
,captain beat Samorella about two days
before he died, he was at this time in a very bad state,
and could not do anything. The night before Sarno-
rella died, he was called by Joseph Fisher, the then
mate to come on deck, but could not, in consequence
ofa the state of his health. He was then hoisted upon
seek. Saw Samorella the next morning at seven
he seemed then to be half dead. Did not
'llow whether the captain saw him again. Samorella
Was flogged a great deal by the captain two days be-
fore his death. The crew were very badly fed; they
had only half a pound of bread, half a pound of meat,
'and three quarts of water, to last them twenty-four
hours. There was no difference made with respect
to the Spaniards while witness was steward. The
captain had the same allowance the others had.
Cross-examined by Mr. CLARKSON—Did not know
Whether the Spaniards were shipped at Prince's Island
as able seamen. Recollected when Samorella was
below sick. The captain gave him brandy and
wine. This was about three days before he
bdied• He also gave him medicine. John
dsher had never been charged with being drunk,
and witness had never seen him so. He ana
the Captain agreed very well, off and on, but now
and then he flogged him. When the Captain dis-
charged him, he struck him severely on the head
several times, with a piece of wood, just as if he was
going to knock down a bullock. Samorella was at
tne pump the day before he died. Witness was dis-
charged from being steward before Samorella died,
but he could not tell the day or the month when that
took place.
Re-examined by Mr. Anomius—The Captain beat
Samorella after he gave him the medicine, and brandy
and wine.
Peter Jerrold, examined by Mr. Waddington—
.,Tent on board the Jarrow in March 1841, as a sailor.
hiefore they left Benin, the ship sprung a leak. Re-
collected four Spaniards coming on board at Prince's
Llsland. One of them was named Samorella, whom
t,"e had seen the Captain beat several times. e beat
"inl the first day with a rope's end over the shoulder,
because he said he did not work hard enough at the
!trn_ps ; and on another occasion he struck him with
IS lists. Samorella was taken ill a fortnight before his
death ; during that time he had seen the Captain beat him
to the pump, and tell the apprentice to put him on
half allowance, as he was not worth his grub. This
was about six days before he died. Saw the prisoner
at Santa Cruz, when he was a prisoner there at the
Castle. He said to witness that he had once been in
a vessel where there were three Spaniards on board,
who got 'Wasters of the Aip, And that be had never
liked Spaniards since.
Cross-examined by Mr. Cranium—The Spaniards