The Sun.
London, England, 1842-06-17 00:00:00

be for the Jury to say whether or not the prisoners were guilty
of the charge contained in the indictment.
Capt. John Lazenby Arrett, the first witness called, dei sosed
that he was the commander of the Ann Hall. trading betwee-n
London and Charleston. The men at the bar were emploTet'
on board. They were all common seamen but Rattray ace/
Rutherford. Rutherford was second mate. The whole of
these men went. out in the vessel from London. She sailedon
the 18th December. On the 22d January, being then in the
Western Ocean, witness ordered the second mate to have the
ship scraped. But he being engaged he gave the order to the
chief mate, and the people in chief mate's watch refused to
do the work. They said it was illegal work. Witness said
if that was illegal work they must set about and clean the in-
side of the ship. While they were cleaning the decks wit-
ness gave an order to shorten sail, and Piper said " No b—
should impose so upon him for 21.55. a month." He said that
loud enough for the whole of the crew to hear. lie was then
on the mizen-topsail-yard, and witness told him tokeep such lan
guage to himself, and Piper replied, " I am a Methodist
and never do anything wrong." When he came down.
witness told him not to use suck language aft, and
he replied, " I 'don't see any difference in a merchant,
ship between aft and forward." The crew set about clean*:
the decks, and Piper said, he wished to God a flash of light-
ning would come and burn the master out of the ship. Wit-
ness lifted him up by the collar, and asked him what he . was
saying, and he immediately struck witness. In consequence of
this blow, witness was three weeks under medical aid, in
Charleston. Witness, as soon as he received the blow knocked
the man down, and then Piper took hold of a belaying' pin. At
this time Inkpen came forward and said, " Let me have it spar
at the b---r. This was on a Saturday, and after it was' dark
a itness ordered a reef to be let out, and two of the men on the
wizen topsail-yard said it was too dark to see the points. Wit-
ness ordered the second mate to take a lantern, and while he.
was doing so the men let out the reef. Witness turned out
about half-past one the next morning to give an order that the
studding-sail boom on the foreyard should be reefed. Witness
then turned in again, and on his rising at six o'clock he found
that his orders had sot been obeyed. Witness sent for the
chief mate, and asked why the order had not been conspliee.
with. The chief mate said he had not had time, ette-
witness sent for the second mate, and he commenced abusing-,
witness, and said he would inform certain parties of his (wit-
nen) behaviour. He said he would not work any more. Ire
the afternoon of the Sunday, it became necessary to send down.
the main royal-yards. Witness told Rutherford to take &Wool:
and line from the deck, and send the yard down. Rutherford
said, " Is the block to eat?" and witness again ordered him to
take the yard down. Soon after it became necessary
to take in sail, and witness ordered the men to come on
deck. They were fifty-five minutes in coming up. They then
furled the whole of the sails. Witness told the chief mate to
take down the main yard, and every man in the forecastle re-
fused to do so. Witness took the chief mate into the fore-,
castle, where the men were, and asked them their reason for
disobeying orders ? and they said they were disabled. Ones
said he had the rheumatism, and another said he had the him-
! bago. The next morning they again refused to vvork, and they-
said they would not work, because the beef and perk were bad.
Witness told them, that if the provisions were 'bad, or he
had ill-treated them, to complain to the proper autho-
rities in Charleston. They said they would not work, Wit-
ness has eaten better provisions, and he has eaten'. worse.
The provisions were not bad. Witness then went into his
cabin, and on his attempting to come out again, he found that
he was fastened in. Witness then took a hatchet and cut down
the door. and came on deck with the axe on his shoulder, an. 3
the carpenter came behind him, and threw him down, an&
pinioned his arms. The crew then carried him into his state
room and laid him on the bed. Shortly afterwards the chief mate-
came in. He said, " Take care of yourself, for they are up to
something now." They immediately after came into the room.
Piper said we consider you mad, and we are going to give the
ship in charge of the chief mate. They took- hold of the chro-
nometer, and Williams said " Don't shake her." Witness was
on the bed with his arms tied. He struggled out of the bed to
save the chronometer, but did not succeed. They left the.
room, and shortly afterwards 'Williams got some pork and bis-
cuit, and gave to e Wiese with a fork. ‘Vitness got
out on the deck, and walked the deck with his arms pinioned.
Witness asked them to take off the lashings. They
took them off, and then put witness in irons. The
handcnffs were too small. Witness remained the whole night
in irons. In the morning his wrists were much swollen. They
then took the irons off, and witness went on deck with a rean on
each side. They kept watch upon him all day. In the even-
ing, Inkpen came up to witness with a strait-waiscoat, and said
" I have got something that will be more comfortable than
irons," and he put the waistcoat on witness. The waistoosist
was made of coarse canvass and bands. The gems were- too
short, and sown up at the bottom, so that his hands
could not go through. In consequence of this, his hands
were cramped up and were sore for a month.
The next morning they took the waistcoat away to lengthen the
sleeves. Witness begged of them not to put it on /gain, for he
could not go through another night. They then left the ivaist-
coat in the room, but placed a guard over the witness. Oat the
Friday following witness asked them if they intended to be coma-
manded by him, and they said no. They said he had had itoo
much indulgence, and he must not be allowed to walk the deck;.
He was then eenfined to a small cabin until Sunday. On the
Monday they would not allow him to go on deck-.
The next day they received a pilot on boarsl,
and shortly after they came to an anchor, and on thee.
Monday following they entered the town. The crew would'
not allow him to go on shore. and be wrote to his consignees.
The.pilot took the letter. The Government officers were sent
from the town, and witness was released. The pilot had then
command of the ship. Witness went to the Consul and re-
lated to him the circumstances, and the men were sent to gaol.
The ship sailed again on the 28th of February, and the prisoner,
with the exception of Rutherford, Piper, and Inkpen, were put
on board the vessel by the Consul's orders. They refused to
work the ship, and wet e taken as passengers. Witness had no,
difficulty whatever with his new crew. Rutherford, Piper, and
Inkpen were left in gaol in Charleston, and had been arrested
since their arrival in England.
Cross-examined by Mr. BALLANTINE—WouId swear that.
he had not been many times drunk in his life. Witness took_
the command of the ship in November, 1840. He was before
that time her mate. Would swear that he was never unable to
attend to his duty fres drunkenness. The part of the ship
the men were ordered to scrape was not dangerous. The n
did not refuse in consequence of the weather being squally.
Would positively swear that he was not drunk at that time.
Scrubbing the decks is called hollystoning, or saying their
prayers. Did not taunt the men with obliging them to say their
prayers. Never said to the men that he would take them to
the Bay of Fundy, and freeze them up. On the Saturday
before this occurrence took place, witness said to the men that
he would make a floating hell of the ship. On the day the
men refused to work. he had not taken more than•
half a bottle of wine. There were some broken bottles about
the cabin, but the reason the bottles were broken was Chat he
had no cork-screw, and in getting the corks
out, the necks of the bottles were broken. 'While
he was in irons he said he had taken poison. There was
a quantity of poison in the ship, and he tried to upset it, to•pre-
vent their putting any into his victuals. The carp inter
ssw him attempting to do this, and he reported it to the
crew, and they asked if lie had taken any. and he said I have taken
enough to do me." The only reason he took up the poienn
was to spill it, to prevent the crew from poisoning him. Wit-
ness asked one of the crew to make his will, and first cotn-
mending his soul to God, he disposed of hisproperty in Ireland.
Re-examined—The seamen leaving London for Charleston
are paid 2/. ss. each in advance. It is very difficult to get
iseamen in Charleston, and often Sl. to 101. a month is paid.
This often induced seamen to run to Charleston. .

James Kelly deposed that he was an apprentice on beard
the Ann Hall. He was examined before the Consul at Charles.
ton. He came home with the men, who were at perfet t liberty
in the ship.
Cross-examined—ln coming home he was not kept away from
the men. Remembered the 22d January the men cleansing the
decks. The Captain came up to a man named Woods. The
Captain was then drunk. Witness told this to the Consul.
The Captain took hold of Woods, and pushed him against
another man. The Captain said something to Woods, but the
witness did not hear what. Woods made an offer with his
bands, and told him to keep off. Woods did not strike, the
Captain, and Captain struck Woods in the face.
Re-examined—Woods struck the Captain, but he could not
not say whether it was with his hand or with a bar. Never
saw Woods drunk.
Captain Huntly Brown deposed that he commanded the ibis,
Wellington. He arrived in Charleston about the same time
as the Ann Hall. On his proceeding to the Consul's, he beard
what had happened on hoard the Ann Hall. On the 20th
March witness went to the Consul again, and he then saw
the prisoners at the bar. The men were on board 'the
ship. Rutherford was called aft, and the eansignee tried
to persuade him to go to work. They asked him
if he had ever had any words, or had ' ever
quarrelled with the Captain. They asked him why, then, din
he assist in confining the Captain. He said, in answer, that
he did not know what the Captain might do. Witness re.
commended him to go to his work, and, persuaded the other
men to do so. He said, "It is no use talking:; we
hare made up oar minds not to work. Witness asked him if
the Captain was in the habit of getting tipsy, and he said that
he had been tipsy once, and he thought he was tipsy when be
struck the steward.
This was the case for the prosecution, and
Mr. Be LLA ISTINE addressed the Jury for the prisoners.
The Learned JUDGE having summed up the evidence, the
Jury returned, at the suggestion of Mr. Clarkson, a verdict of
guilty of an assault against all the prisoners. Sentence was
deterre(l.

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