Star.
London, England, 1816-11-21 00:00:00

Bogged.`-Some time ago witness was about to bring
• sic anion against the Captain, but denied that he
gave it up that it might not be said he had any spite
against, the defendant. Never gave his evidence at
Shedasell Office when Mr. Stayers was examined.
Robett Combe, also a seaman on board the qrh3tnee,
confirmed the statement of the last witness.. .Creiss-
exanrined--Now held a situation in the VV'est-lndia
Docks, where the deceased's father was head con-
stable. •
Several others of the drew spoke to the different
punishments the boy had received, as detailed by the
first witness. The morning before the boy died, he
told one of the witnesses tnat he was dying, and de-
sired the witness to tell his father how the Captain
had used him.
Mr. Robert Gibson, father of deceased, declared,
that. Captain Stayers never mentioned the death of
his son to him Cross-examine)—Two letters werb
Leaded to witness, which he believed to be the bud-
' writing of his son.
Mr. ANDRIW3, on the part of the defendant, endea-
voured so 'hew, by his comments on the evidence,
that although the story of the different witnesses
was in some respects consistent, yea that when the
motives were considered why they gave this testi-
mony, imputing to a most respectable gentleman the
most horrid deeds, against the very repetition of
which human nature revolted, no credit could be
given to them. There Could be no doubt that they
came into Court under a malicious combination, to
take away the character of a gentleman who had so
honourably conducted himself, at least before this
charge was made against him.
• Mr. Andrews then proceeded to call witnesses on
behalf of the defendant.
John Younger, in the voyage in question, was sur-
. geon on board Captain Stavers's ship. He had not
been always on good terms with the Captain, and
bad contracted no intimacy since that time. The
boy Gibs el, during his illness, was taken the greatest
care of, and had even wine given to him. The pu-
nishment Liven to the lad was not. so severe as would
endanger either his life or his health, and Gibson never
complained of cruel chastisement to him. Two days
before the death of dirlad, witness knew he was in a
dying state. On the day previous to his death wit-
%mess brought him some soup made on purpose fine
him. He took a little, and then in a faint voice said
" no," and mode a motion with his head and band,
intimating that lie could not eat any more.
Crussamatnined—Had heard, but had never seen,
that Gibson was brought on deck, scrubbed, and
pails of water thrown over him. When the dinner
was brought to the boy the day before he died, the
Captain was present, with a rope in his hand. He
shock the rope over the boy's head, and witness
could not swear that he did not strike him : could
Got recollect if tine Captain said any thing at the
time. lie admitted that there were several marks
on the body of the boy when he vies dead. When
asked if four dozen lashes was a proper punishment
to a 14 years old, the witness answered, 46 I
illOnid not like it myself," and would make no other
reply—it was usual in his Majesty's vessels for the
Surgeon to be present at the punishment of any of the
crew ;it was not so in South-sea traders, but witnesr
9 uld not see why it should not be; the boy was very
stout when the ship left England.
Henry Grant, cooper on board the Thames, knew
the boy Gibson. He was in his opinion a sad who
wanted correction. Never saw any correction given
to Gibson, because he always went away when he
saw any prepai ations for it.
William Templeton was carpenter in the ship
Gibson was a very dirty and negligent boy, and de-
served punishment; received two letters from the
deceased to be sent to England, and after the death
of tha boy witness gave one of them to the Captain.
Cross-ekamined-a.Told Gibson's father that the
Captain had destroyed his son's letter; never had
told Mr. Gibson that his son had been used cruelly.
Witneis advised Mr. Gibson to let the cause drop.—
The boy never crwsiplained to hits of ill treatment.
Captain Day, Mr. J. Stone, and several others, gave
the defendant an excellent character for humanity.
The case for tJ)e defendant being concluded, Mr.
Gibson wati recallednri the part of the prosecution, and
be proved that Templeton was the first person t.ho
Mated to him the its treatment of his son.
Mr. Justice HOLROYD having at considerable length
summed up the evidence, the Jury without hesitatioa
found a verdict—Guilty.
A similar indictment had been framed against
James Baxter, the mate of the Thames, for the same
offence; and Mr. Waturonn for the prosecution now
stated, that he was authorised to inform the Court
that the prosecutor would not detain their Lordships
by going through the whole of the evidence against
Mr. Baxter, provided that gentleman would withdraw
Bis plea of not guilty, and declare himself guilty of
the offence.
Mr. Baxter then, by the advice of his Counsel,
pleaded Guilty.
Sir WILLIAM Score then addressed Stayers, ob.
serving, that he had been convicted by an attentive
jury, after a loot/ investigation, of having extremely
ill treated an apprentice committed to his charge.—
The law bad, no doubt, authorized persons in his
situation to exercise a certain degree of consroul and
discipline over those under his command, and this
authority was necessary to the security of the lives
and property of others.—But the law could never to-
lerate the mdidgence of capricious passion, orof any
savage disposition. The prisoner had obviously es.
ceeded 'the limits of that discretionary power with'
which he Was invested, by so harshly treating a boy
whose tender years and growing infirmities were pe-
culiarly entitled to the. consideration of humanity.
But the prisoner had, unfortunately for himself, dia.
regarded that consideration, and violated the duty,
wbichhe owed to a boy committed to his special pro-.
%Niko. 'lt was to be hoped, however, that the pal
Goner would profit by the lesson wkiclayouldnow be
taught him, and that. be would hereafter learn to
discipline those gpssions wilt* bad in. this instance
led him into such culpable meas. The loatuedi
Judge concluded with pronouncing the sentence of,
enet, that the prisoner should pay a fine of 4150,1
be ;tip' riserbcd for melee apatite in Nana%
the imprisonment tele condeoed Wit the 6ne be paid.
Wsr. Buter, the Mate, was sentenced, to, pay a
Cunt. Me tad, to czar itSO recavaisallu ;(b keep

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