Star.
London, England, 1814-09-02 00:00:00

COURT 317,1RTML

• Saturday se'nright a Court Martial assembled on
hoard the Salvador, in H.imoaze, roe the trial of
Lieutenant Cuartuts Tiwav LEAV.EIit late Com-
mander of his Majtisry's sloop MARTIAL. Captain
the Right Honourable Joits Lord CoLviLLE, Presi-
dent. WILLIAM EASTLAKE, Esq. ofhciming Judge
Advocate. The trial laced six days. The follow-

ing is :4 cony of the Charges :
I st—For that he, caul Lieutenant Charles Tovcy Leaver,
belhig Commander of the stoop Martial, did, on board the 'mote
sio ,on various &Is, between the Inth day of Jtily, 1.2, and
the Hth day of March, 11313, cause tu be inflicted upon John An-
hiAng a boy belonging to the said sloop Martial, frequent,
severe, and excessive punishment, insomuch as thereby to cause
the death 6 the said John Ansel!, in breach of the 28th Article

of War.
'd—Fnr thz... he, the said Lieuterant Charles Tuve), Leaver,
did, on various clai•s;between the periods above-mentioned, cause
the said } to be punished in a cruel and excessive
mane: r, !)y criatilif., a. me'hod unnothmized and repugnant to
the It ides of li!i M.:jest y's Nnval service : and also to be pumsbed
whlle he %Vas oild:r the Si:revolt's care on the sick list.
sd—For baying, shortly prevlous to the death of the said John
Ansell, and whilst he was in a stare of sickness, caused cold water
to thrown over him, and his head to be scrubbed, with scrub-
hin7,-bruslies : and, for hairing caused him, in that state, to be

confined in Ike coal-bole.
4tll. —For having, between the periods above-mentioned. re-
peavolly neglected to insert, in the quarterly returns of puni4h-
ments on board the said sloop, transmitted to the Cotnmatider-
in-Chief, the mimes of the said John Ansell, and others of the
crew, upon whom punishment had been inflicted, during the pe-
riods for which those returns were made, &c.
William Crowder, Boatswain's Mate, stated, that he
saw John Ansel' several times flogged, by order of
the prisoner, for his dirty habits, and also cobbed
with a coViing-hoard. He was confined two days
and nights in the coal-hole, with a bucket tied to him,
and at terwards washed in a tub, and scrubbed with a
scrubbing-brush. Never heard the Surgeon object to.
his being scrubbed ; did not believe he dirted himself
intentionally, but from natural weakness.
Jame: St%bear, Quarter-Master, stated the same
circumstances as to the boy's frequent punishments
with the cat, and tf•at fie heard the prisoner order the
Carpenti r's Mate to m..ke a cobbing-board, with
which he was St viral times cobbed. He was theft
eery offensive with his nastiness, and,shortly after.
wards he ti as confined in the coal-hole. Thought the
boy u as not in his riehr. mind.
William Dunn, seaman, confirmed the testiniony sit
to the boy's frequent fl :ggings, and confinement in
the coal-hole: and a!sn that he was hauled up and
scrubbed, and had cold water thrown over him the
morning of his death.
John Ffint, Car pew er's Mate, elated, that the boy
wa floggi d at different times, but could not say how
rftell. He made a cobbing-board by the prisoner's
orders ; it was of oak, and had several holes bored in
the round of it. Saw the boy frequently punished
with it. for soiling his trowters, but he sail he could
not help it. He was cot fined in the coal hole twice,
with the batch shut. The morning of his death he was
taken out, and not being able to walk, was hauled up
by a rope round his body, and then scrubbed ; shortly
after which he died,

_ -
Robert Cairncron, I sfivint, and assisted the Sur.
geon.—The boy Ansell, had the flux, and was on the
s.ck list about a fortnight before his death. Hila
heard the Surgeon several times tell the prisoner not
to punish the boy any more, as he would be toe death
of him. The morning the boy died the prisoner sent
for the Surgeon, and asked him if the boy was deedl
' He ieplied-4i Yes, Sir, you are the death of him at
last." The Surgeon had sometimes ordered the boy
to be washed and cleaned 'with warm water. Witnes
!card the prisoner give the orders for the boy to be
sci fibbed after the Surgeon's representation.
SECOND DAY.-AUGUST 22.

thomeir Helder, gunner's-mate, stated, that the bny
was flogged twice with a cat-o'nine-tails a few weeks
after he joined the ship; and shortly afterwards be-
o an to get sickly, and became very bad with the flux.
He pleaded innocence, and said that he could not
help dirtying himself. It was of no use making any
lament, the phisoner said he shOuld punish him till
he could help its He was very frequently punished,
and for some tithe two or three times a week,',---was
in general flogged by the boys of the ship. Witness
was one of four of the stoutest men that flogged him,
the boys kept punishing him afterwards; the corral).
tion and blood came front him at the time. The pri-
soner then ordered a cribbing board to be made for
him, with which he was frequently punished. He was
scrubbed in the head the morning he died, on the
larboard side of the fore-hatchway ; he fell down on
his right side with his arms folded across, about half
pact eight o'clock: had nothing on but an old waist:.
coat. Witness put his hand upon the body) and it
was quite stiff and cold. The Surgeon examined it,
and he said it was quite dead. He was committed
to the deep with the usual ceremony, about 11 o'clock.
When the boy was punished, the prisoner was some.:
times, but not always present; does not recollect
whether he was present when the boy was flogged by
himself and three other men the vessel was then
laying in .3tonehonse Pool, each of the four gave
him half a dozen; Witness took pity on him, and
'did not inflict the punishment as hard as he could.—
Does not know by whole orders he. was then flogged.
Witness s..as called froM below for the purpose, by
the boatswain's-mate. Never-heard the Surgeon say
to the prisoner that We:ought not to be punished.—
Does not know whether the washing was with the
approbation of the Surgeon. Never saw him washed
with warm water, but has with cold : it appeared to
be for the purpose of cleaning him. Never knew any
other boyin the vessel.to punished by men. The
hands were nut turned up when the boy was flogged
by the four men. The Order was given by the hoar-
swain'a-mate, but he -Considered that it came fri.rn
the quarter-deck. Saw•the boy in the coal-hole with
the bucket to his breech, but -does not know how long
he was there, nor how long before his death. Recol-
lects his being brought bn board from the Aitnivil's
Office, as a deserter, when the brig was laying under
MoUnt Wise. Remembers hii being sometimes hauled
up the hatchway with a rope, when he was notable
to walk, for air, and the good of his health. Does
not recollect his being hauled from the coal-hole, or
being placed in the • head. He appeared in pretty
good health when punished under Mount Wise. The
punishments, when inflicted, appeared to the witness
rather heavy, being quite a lad; considered him to
be in danger of dying, on the morning that he was
scrubbed on the forecastle. Does not know whether
be walked up, or was hauled up . • does not recollect
his tieing punisli.,:d the day before his death.
Robert rarhsr, late Clerk of the 41artial. proved

the hand.writing of the prisoner to elb tjusrterlt re-
turns of punishments onboard the Martial, from the
sth July, 1812, to the sth April, ISI3. Knows
nothing as to the correctness of the two first returns.
The third does not contain a mi.., account of the

punishMents which took piece during the quarter,
from eeth January, to sth April. 1813. Witness was
desired by the prisoner to on.et the names of John
Averts, and John Exteri, privete marines; John Me-
redith, Deniel Youlen, and Morris Conner, lands.
men ; end John Ansell, boy. Caenot state the of-
fences for which the men were punished, but heard
the prisoner say the boy WAS punished for dirtiness.
Knows the men were actually punished ; was pre-
sent at the boy's punishment, and also at Aven's,
Poulon's, and Connor's. They were flogged at the
gang-way, and received from two to three dozen
each. The reason the prisoner gave the wimess for
not inserting the names was because they were not
mentioned in the log-brink. They were all punished
on the back as men. Witness made a minute of the
names at the time. The quarterly returns were made
by verbal communication from the Lieutenant. The
Master was present, the prisoner having sent for him
and desired him not to insert the names in the log-
book. A rough book was kept by the prisoner's
orders, from which the quarterly returns were mede.
The punishments 'were generally inserted in the rough,
book immediately after they were inflicted. The pri-
soner was present at the punishments he seer, which
were not inserted. Some time after wit,.ass joined,
the brig, the boy Ansell was, by the prieerer's orders,l
lashed to a bucket, and put down into the coal-hole,
and • kept there for • a day and nie.ee, with only a
waistcoat on him and his trowsers. Heard the pri-
soner give the 'order to• put him dawn. The next
morning he was taken on the fcrecastle, where v:i:-
ness beard him crying out. A! out half an hoe:
after, he was brought down below, and laid under
the table ; he cculd not walk down. Went with
Mr. Norman, the doctor, to see him, and found him
naked. They examined his body, and found it from his
loins downwards very much bruised, and in a state
of mortification. He was not punished for a few
days or a week after that ; he was then taken on
deck, and witness beard him singing out. Some
time after he was ill and on the doctor's list, he was
then put into the coal-hole again, after which witness
did not see him punished. 011 the lid) of March
witness was walking on the quarter-deck with the
iprisoner, and observed the boy Ansell on the top of
the ladder of the fore-hatchway with a tin cup in his
hand. Saw him put his head down on the cable, and
he fell immediately down altogether. Told the pri-
soner of it, bat he made no aaswtr. Witness then
went helow and told the doctor, who was either sere
for or went on deck. The prisoner sent fn. witness,
who wee& to him in his cabin. He told him to read
prayers over the deceased, as he would not read them
ewe such a dilly wretch. About half past ten wit-
ness went on deck and read the service. The pri-
soner was belreer. When it was finished. witness
went and told him: he made no answer, but whistled.
Does not knee: that the bey was punished the day ,
before his death. Did not see him scrubbed the
morning he died. Never neard the surgeon say any
thing to the prisoner respecting the boy's punishments.
lieows that Mr. Norman, the surgeon, is dead.—
Heard the prisoner threaten to dis-rate Mr. Cawsey,
midshiprilen, for having beat John Anse)).
• Thomas Fielder, again called in.--:-Does not recollect
any men being puarshed, excert tricee mentioued in
• tee qua:terl returns. Has frequently complained
to the prieiner of Jahn Ansell's dirty habits—he
made a practice of turning the pigs out of the stye,
and sleeping on their dung and straw ; he had run
men's clothes and bedding given him at different
times by the prisnner's direetiorrs, bat it was not pos-
sible to make him wear or keep them. People could
not clean his clothes, he had such a stnell—supposes
it was necessary to wash him for the preservation of
his health. Does not recollect the word being passed
that prisoner would punish any person found ill-treat-
ing John Ansell.
William Gimp, seaman, statect, that Ansell was put
down in the coal-hole, with a bucket tied to him—
does not knove, who ordered him there. Saw him
flogged under Mount Wise by four men : saw him
in the head for three or four hours with a bread bag
over him—the ship was at sea—saw him cobbed three
or four times by the boys, doet not know by whose
order—saw him scrubbed in the head by two men,
sometimes with a broom. and sometimes with a
scrubbing brush—heard the prisoner give the orders
for his being scrubbed, but did not hear him give
orders for his being cobbed; never saw him present
on those occasions. Did not see the boy the morning
of his death till he was dead—does not recollect his
receiving any punishment the day before his death.
, Was himself punished by order of the prisoner, twice
without turning the hands up, and three or four times
besides when the hands were turned up; got a dozen
each time,
Patrick Aforfine, seaman, stated, when he went on
board the Martial, the boy was well in health and
looked fresh coloured in the face. He used fre.
quently to water his trowsers ; witness often asked
him the reason, lie said he could not help it. A little
time afterwards he was punished very severely by the'
prisoner's orders, sometimes lie got two dozen and
sometimes three dozen. He was put in the head by
the prisoner's orders, with a bread hag over him, and
remained between three and four hours ; Mr. Hough-
ton, the master's mate, ordered him out—the ship
was pitching bows under at the same time : from
there he was immediately put down in the coal-bole,
with a bucket lashed to him ; heard the prisoner give
tiro ieeiers ; the boy was kept in the coa:-hole two
days and two nights; he was taken out and hauled
tip on the main-deck with a tope's end, and helped
to the head, where lie was scrubbed with salt water
and a square scrubbing brush ; he kid at the same
time very bad sores and ulcers on him. The last
time he was flogged was about six days before he
I died : he got three dozen on the back—saw him
scrubbed the morning of his death ; did not see the
surgeon upon deck till after his death. Never knew
him scrubbed by order of the surgeon. The day he
was taken from the coal-hole he crawled along the
deck, lie could net stand upright. Does not remem-
ber the names olany nun punished except those in
tl;e Quartet ly Returns. The boy died the same morn-
ing that lie clime out of the coal-hole—he was twice
confined there.
John Bapt:ae, seaman, stated. that Ansell was a
strong jolly buy, when witness joined the Menial:

a little while after he was in the habit of ea,ine Wm.
self between dircki, fin- 'which lie was severely pg.
nkhed; he hid two dozen, the boatswain's m to nag-
ged him—heard the prisoner give the order ; the boy
was not properly well at the time—never Si 4 him
cobbed. Helped to bring him out of the coai.i o:u
about seven days before death—he was ter irb!,ed
the niorning of his death,
hut does not know by wh,•st:
order. Was once flogged himself by order a the
prisoner. The' boy had sorer and ulcers two or three
months before his death—he might have been set.; to
a King's Hospital during that time, as the brig was
in the. harbour of Plymouth.
William dirscott, private marine, said he j-ined the
brig the beginning of December. Saw John Ansel
punished the following day. The ship lay under
Mount Wise, and the prisoner was walkirig the quar-
ter deck at the time. When the boy came d wn he
was asked for what he was flogged, he said for wil-
ting his trowsers. but he could not help it. Three or
four days after he was pens'ied again, for the same
cause ; both times by the boatswai,i's mate ; h.! had
three dozen each time. The prismer was r:n board
the last time, Mr. Houghton gave the order. The
next time he was punished by three 1:1)s, the ship
was then in Stonehouce Pool—he wa, floggr,d with a
cat-o'nine-tails over the breech. The prisoner was on
board, but cannot say whether he was pr,s.T:t. He
vas shortly after again punished in the Sound, fur
neglect of some pigs. The prisoner was not on board,
Mr. Smith, deiag duty as s:cond nt..st,r, gave the
order. lie was punished twice afterwards at sea by
the prisoner's orders. He v...ts also several times-pu.
nished On the breech by men and boys. Heard the
prisoner very often gi'.e the. ordets lie was starred
with the rope's end Atany times by the officer on deck.
One morning Mr. Cawsey gave him three dozer*
lashes w:th a two inch and half rope b fore the pri.
',ones was up. He was Kest over the back
by the prisoner's orders, for senrthing inzprep:r
had said to Mr. Caw,:ey. He was tied up in the (inn-

itie to a shank-painter, and bad three I.ehes, Irein the
Constant brig was passing, and 1t ordtred to be
lnosened. The prisoner said, " let the dirty brat loesc,
you gill frighten the people on board di it brig, ;red
the brig too." He received deer dozen die met
neirning on the back. The prisoner and the Docr r
were walking the treater deck at the time., lle would
have had more, but the D ictot cane eirward and ex.
mined him, and then toil t!.e. prisoner that it he pl.
niched kiln any more on the back it would iciil him.
The prisoner replied, he would rather kid hen than
keep such a dirty brute as that in the skip. The boy
was then cast loose ; he was quite out of his mind,
and would bite and tear any thing he came ~cress.
fie used at that time to sing out about his mother.
Nevtr saw any blood come from him till aster he re-
ceived. the punishments over the back. Ore day at
dinner item it'drop from him quite fresh. Witness and
many of the men gave him clothes and soap to wash
his skin. He had very bad feet, and was not able to
' walk about to do any thing. He got so very dirty,
he was ordered to be put into the coal-hole, with a
bucket lashed to him, by the prisoner's order. He
was put down about four o'clock, and remained there
till ten the next morning, when Mr. Cawsey ordered
the witness to loosen the bucket ham him. He went
down and opened the hatch, which was down and
meted. When he cast the bac ket from the boy, he
said 4f now, thank GOD, I shall be easy." The boy
remained two days and nights in the coal-hole. Wit-
ness left the hatch partly op .:n to admit the air, but at
night he saw it locked down again by the serjeant.
When the boy was taken up he was nor able to stand.
but was hauled up by the rope's end. He had so
many wounds about him that his feet were mortified.
The prisoner, the night before, ordered him to be
taken out the next morning, and well scrubbed. He
was scrubbed with a scrubbing brush, and then
washed down with about a dozen buckets of water.
He was then dried with the swabs, about seven
o'clock in the morning. The sante morning he died.
He had no clothes on except an old waistcoat and
pair of stockings. When he was scrubbed he had
twenty wounds about him, as broad as a breast-
plate, on different parts of h's body. He appear:d
' to be mortified all over his body, which was quite
black half an hour .afier his death. He had wounds
over his right shoulders from flogging, his biii es
could be seen through. He had also wounds on
his breech, and all over his hip hones, by his pu-
nishments, and on other parts of his body besidts.
—He was on the sick list beloie his emir.
generally scrubbed of a morning before the sree. o
was out of bed. Was not fi igged after the surgeon
interfered. He ate scarcely any thing for t n days
previous to his death. Was ordered to be scrubbed
AS a punishment. Witness saw the Dot e- %41111 the
corpse, but not the prisoner. Did not hear him say any
thing, but he shook his heal very much.
TIMM DAY, AUGUST 23.
_ _

John Amu, private mit ine, said he saw the hny
Ansell punished very often, and frequenay scroihiled
on the head. Saw one severe punislini tit, he :14.3
three dozen with the cat, tle satire as the men were
punished with. The prisoner gave the order, and
was walking the quarter deck the time it was ia-
fiicted.
John Harhour, p:',vate nn trine, stated, that Ansell
c:rme on bozrd in the Downs, and seemed a clean
likely boy ; vise Limn fieqiientiy punished, at first. for
not attending to the pigs, and att.rwards for dirtiness,
by order of the privner. At last there ssas a cob-
bing board made for him, and the chief part
clothes thrown overboard, till be had non:• le.t hilt a
check shirt and a wii.stcoat. The hey used ciiritiru-
ally to cry nut, when being punisl.‘ed, that they would
kiti him. The prisoner told hem he would kilt
or make him keep hinLelf clean. 'rile boy promi:ied
he would keep himself clean, and be .t good boy. but
he still continued his dirty ways. l'nry iLci left ntr
cobbing him, and Punished him again with :a cat
twice, with three dozen over his• back. A!iont a
week after that he died. Three days before his death
hr..l'la'au‘;:n'eaedsjutpli,tilibttyd.noeaw,rttn,;ir.:iti,ogt.hte
71c;oa
sil-f eriot:re,
,
Tw
iht eh scrubbing y thenr
sercr.al buck-
ets of cold water were thrown ovr hint. was
took him
then dried with swabs: witness then went below lc,
t;2l,l'r the
After c ;1' inth wed "; ;;
;
breakfast, and when he came up again the boy w
ib
(tying, and in about three niinctrs te heard thAt
dca.t. Saw the c!Tpse laying acre-c ih-
and in the coati,: of a quarter of an hour it tur led
quite black; did not see it ittteruiatds. L'umau: 'ay