Star.
London, England, 1822-01-23 00:00:00

ADMIRALTY SESSIONS.

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Yesterday, John SteMins, if Butcher, sen.
nomos Ellis, HlUinta Butcher, jun. and John Den. my,
were placed at the Bar, charged with a conspiracy.
The indictment set forth, that a certain vessel, the
Westmorland, being in a state of distress on the high
seas, within one mile of Lowestoff, on the coast of
Suffolk, a life-boat was sent off to her assistance;
that the defendants did conspire to prevent such as-
sistance being afforded, and in furtherance of such
intention did cut the rope by which the life-boat was
made fast to the Westmorland. In consequence of '
this conduct of the defendants, the vessel was wrecked,
and the Captain and three seamen lost their lives.
• Sir C. Roatuson, in opening the case, said that the
object of the Lords of the Admiralty in directing this
prosecution was, that a strict legal inquiry might be
made into the facts, and that the erroneous opinion
which seemed to prevail very generally as to the law
respecting boats being first to afford assistance, in
cases of vessels in distress might be corrected. The
Learned Geutleman then detailed the facts of the case,
and to support them called the following evidence
Thomas Tate (examined by Mr. JERVIS).-1 was,
en the 7th of December, a seaman on board the brig
Westmorland, bound from Stockton to London.—
Captain Ryder was master. She had, besides, four
'nen, a boy, and one female passenger on board. She
was of 108 tons burden. On the 7th of December
the brig struck near Stanport, and unshipped her
rudder. The effect of this was, she altered her course,
and went on the Newcomb sand. She had a cargo
valued at I:6000 on board. It was a full cargo. In
consequence of her striking on the sand, she was in
danger, as she might have gone to pieces. As soon
a she got on the sand, the Master ordered the anchor
to be let go. It was so ; but it had no effect, as she
continued to strike. It was then flood tide. The
cable was then cut by the Master's orders, and we
hoisted the signal of distress. In consequence of this,
four or five boats came out to us. Among the rest a
yawl, caled the " Seaman's Assistance," with a crew
of from 1.5 to 20 men. Among the crew of the yawl
were all the defendants. We threw out a warp (a
rope) to them, and they hauled up close under our
larboard bow. It was then the weather bow. Soon
after this, a life-boat came off to us ; but before she
arrived, the yawl had put two of her men on board.
These were John Stebbings, and Butcher, jun. In
two or three minutes after, the life-boat came up :
our signal of distress was still flying. Stebbings, as
soon as he got on board, went to the signal and took
it down. Ile was a minute or two or more at it. I
did not hear any orders for taking down the signal.
I was near the Master then. I heard no cry from the
yawl on the subject. The signal was on the larboard
main rigging. While Stebbings was cutting down
our signal, the life-boat came up under our lee
bow. She was under sail. I can't say how many
persons were on board. IVe threw a small line
o i board them, which was caught by Lieutenant
Harmer, who made it fast in the boat.—Upon
this I heard several voices in the yawl cry out
" Cut her away—cut her away." Stebbings then
came towards where I was standing, on the star-
board bow. I asked him to assist me in throwing
out a warp to the life-boat, as I thought the small
line would not stand. He paid no attention to me,
but immediately went up and cut the line by which
the life-boat was made fast. The boat immediatey
drifted to leeward. She went off very fast. The tide
was then setting to the southward ; the sea running
very high. She drifted about a quarter of a mile
from us. I told the Master that they had cut the
life-boat away; and he cried out " The villains !"
" the villains r several times. No one, that I heard, ;
had given any orders to cut the boat away. The brig
veas at this tinge in great danger; she was lying on
the sand. The men in the yawl must have heard
Captain Ryder say " the villains." Upon hearing it,
Stebbings went up to Captain Ryder and said, "they
(meaning the life-boat) have no business here. The
ship is ours. We are your safe-guard and protection.
You are as safe as if you were on shore, and we will
take you on shore." I went away, and did not hear
what more was said. The brig then began to float
a little with the flood-tide. We got some sail on the
vessel, by letting go the jib and fore-staysail. Our
object was to get the ship before the wind, and to run
her on Lowestoff beach. We got her off the New-
comb, and into qnite a good channel. She had been
on the sand an hour, and was beating all the time.
She remained about twenty minutes after the line
was cut. It was not by the assistance of the yawl
that we got into deep water. The yawl put six or
seven men on board. We did not know at first that
the vessel had strained, but afterwards, on going to
the pumps, we lound that she was in a sinking state.
I told this to the men of the yawl, and desired them
to haul up the yawl and take us in, as the ship was
sinking. They hauled up under our stern, and we
got on board of her ; as did also the cabin-boy and
the female passenger. I was anxious to get on board.
As soon as the boy and the female had got on board,
they (the yawl's crew) loosed the warp, and left us.
They left six of us on board. We called out loudly
to them when we saw that they were going to leave
vs. They must have heard us then, as they were
not four yards distance from the brie. They paid
not the least attention to what we said to them—
Three of us had put our clothes on board of the
yawl. We all considered ourselves in great danger.
We were chock aft to get on board. The yawl, I
understand, was twenty-five tons. She could have
taken our crew and fifty more without danger. All
this time, the life-boat was lying about a quarter of
a mile to the east of us. The land was then on the
west of us ; the wind was in the south. This was
about four, or between that and five in the afternoon.
It was beginning to be a little dusk. The life-boat
might then have seen signal, but we could not put
we. When the yawl
helpless from di:-
nog hard towards
about 200 yards of
boat, and two of
When the vessel took
boat and the two
The same sea
, where I remained
ime down and went
on the cable; soon
Ohm The rud-

der was washing Up and lova, wad it struck him 0
the head and disabled hilts. ' Uwe a little I got him
on board again, but he could not stand. I told bins!
that Southeren and I were going into the edits-top,
and we wished him to go with us. We stopped' by
him for a good while, and he held on as long as he
had life; but several seas struck him after this, and
be fell dead. I saw him quite dead. I then got into
the main-top along with Southeren. It was about six
o'clock in the evening; we continued there until two
the nest morning. A boat had put off to us from
Peakfield, and a small boat from Lowestoff; but up
to two o'clock neither of them could come on board.'
At length the boat tot alongside, and Lieutenant
Harmer was put on Rgtrd of us; as soon as he got
on board, his boat was •bliged to cut away and leave
him. He called out to us to conre down from the
main-top, and assured us that he would net quit the
ship until he saw us safe. He then looked about for ,
a line to throw on board the Peakfield boat. At last'
a rope was thrown on board of us, which he made
fast, and the boat hauled up to us. I then came;
down, but Southeren was unable to assist himself,'
which Lieutenant Harmer finding, went up artd
brought him down, and afterwards put him into the
boat. It was then blowing a gale.
Cross-examined by Mr. GuaNrr.—At the time the
yawl came up, there were a gig and another yawl in
sight, but not near us. At the time the life-boat was
cut away, I was at one end of the vessel, and the
Captain at the other. After we got into deep water,
I did not see the life-boat come within twenty yards
of us. I don't know that she was twice within that
distance of us. The brig was not within a good die-
tance of the Peakfield flats when the yawl left us.,
I did not see the yawl receive any damage by striking
against our brig. I will not swear that the sides of
the yawl were not stove in six streaks down, but I
did not see it.
Re-examiaed.—l did not hear the men on board
the yawl give any reason for their leaving us. I did
not hear them say that six streaks of their boat were
torn away.
By the Comm—lt was a good Jew (good many)'
minutes after I said the ship was sinking that the
yawl hauled up to us. It might be five minutes or
more before she went away. I don't know that I
could have got into the yawl if I had not gone for my
clothes. At the time the life-boat was cut away, she
could not have towed us off. I think the life-boat
alnue would have been of greater assistance to us
than the yawl. Ido not think the life-boat could have
given us much assistance on the sand.
William Southeren, the cook on board the West-
morland, corroborated the testimony of the last wit-
ness in most parts.
Robert Clark (the boy who got from the brig on
board the yawl) examined by Mr. Lawn, deposed to
the same facts without any material variation.
Lieutenant Robert Thomas Carter, who commanded
the life-boat, gave nearly a similar account of the
transaction, and added, that in his opinion, if the life-
boat had been suffered to remain alongside, they
might have succeeded in saving the crew and cargo
at least.

Lieutenant Harmer, R.N. who had volunteered his
services on board the lite boat, described the situation
of the brig, and the boats which went out to her, in
nearly the same manner as the former witnesses. He
added, if we had continued alongside, we could cer-
tainly have saved the lives of all the crew. When we
saw the yawl leave the brig, we thought she had
taken out all the crew, and we came on shore. At
seven o'clock the life-boat put off again, but I did
not know it then. Late in the evening I learned that
all the crew were not out, And I went towards Lowe-
stoff to get a boat. On my way I met all the defend-
ants (except young Butcher) conveying a boat by the
assistance of horses from Lowestoff to Peakfield. They
said they were going to the assistance of the brig. I
begged of them to allow me to go, which they did.
When we got. to the brig, we found the life-boat on
her north side, but unable to get on board. Our boat
got alongside, and I got on board ; and soon after
this, our boat was obliged to cut away. I got into
the main-top, and brought one of the men down in
my arms. We put him on board the boat.
Cross-examined.—The Seaman's Assistance is one
of the finest boats in Lowestoff, and the best calcu-
lated, except the life-boat, to go out in rough wea-
ther. It was her business to assist ships in distress,
and put off pilots. When I put off with four of the
defendants and others, I must say that they did all
that brave men could do to save the lives of those on
board. Undoubtedly there was very great risk in
venturing out. The defendant John Denny is a very
respectable man, and bears a very good character.—
I saw the yawl a few days after this; she had five of
her streaks stove in. Another such blow might have
sunk her.

By the Count.—When the yawl.had got from fif-
teen to twenty yards from the vessel, I don't think
she could have got back again, even if she wished.
To another question from the Coma, Lieutenant
Harmer answered :—The stoving in of the streaks
might have happened when the yawl was taking in
some of the brig's crew. It is very likely, but this is
only my opinion. The reason that the boat was drawn
along the beach was, that they wished to get to wind-
ward of the brig.
To another question Mr. Harmer answered, that the
crew of the life• boat would not have taken salvage.

Before Lieut. Harmer withdrew, Lord STOWELL
addressed him in these words Lieutenant Harmer,
your behaviour and that of your brother Officer has
been extremely meritorious, and the Grand Jury have
requested that it should be represented to the Admi-
ralty. I shall take care that it shall be se represented;

John Fowler.—l was a volunteer on board the life-
boat on the clay in question. I saw the man haul
down the signal of distress, and beard some voices
cry—" Send the b—s on shore, they have no busi-
ness here." I have no doubt that if the life-boat had
I not been cut adrift, she would not have left the brig
until she had taken all the men oUt.

What do you believe was the object of the men in
cutting the life-boat adrift?—l do not think they had
any evil intention towards the crew.
What, then, do you believe to have been the ob-
jer.t?-1 believe it was the mistaken idea that the
life-boat would claim a part of the salvage.

In answer to questions put by the COURT, this wit-
ness said that it was a very general opinion among
the people along the coast, that the first boat which
boards a wend in distress has a superior claim to sal-

-o-
one up. She could not see us wave.
1,11 , left us, the Captain became quite he
tress. All this time we were drivin
the shore. When we got within atm
3!; shore, some of the men cleared the 1
• them got into her on the deck. Wise
to the ground, a sea washed off the I
men, and we saw them no more.
washed me into the main-rigging, v
for a short time. I afterwards C 41114
i to the Captain, who was standing a
after this a sea washed the Captain