Star.
London, England, 1826-10-26 00:00:00

ADMIRALTY SESSIONS, OCTOBER 25.

Santud Levy stood indicted for the wilful murder of
Thomas Tate, on board the Kent, on the 23d of Sep-
tember, 1825, in the South Sear.
Richard Christopher examined—l was armourer on
board the Kent; the prisoner was a mariner; I knew
Thomas Tate, who was also a mariner: on the 19th of
September, 1825, I saw Tate in the forecastle cutting
tobacco, the prisoner was facing him eating his dinner;
they were About three feet asunder ; I heard a few words
pass; they appeared to me to imply anger; the pri.
Isoner got up and went towards Thomas Tate, and struck
him over the face; Tate then rose, and I saw blood
flow from his right side ; the deceased tried to speak,
but could not ; I saw the prisoner have the knife with
which he was eating his dinner in his hand ; the pri-
soner put his hand round the waist of the deceased, and
called out u For GoD's sake go for the Doctor ;" the
deceased died about half an hour after; I never beard
him speak after be was struck.
By the COURT.-4 was not looking all the time ; I did
not see any blows given previous to the one in question,
but blows might pass unknown to me. The dispute
arose from a ladle, which was used for taking soup out
of the kid; the prisoner took the ladle before all the
people were served, so that they could not get any. I
said, My noble Chap, that a'nt jolly—which implied
that it was not fair. The prisoner said, lam ne Chap.
Joseph Ray examined—l was carpenter on board the
Kent ; I was in the forecastle on the day in question ;
saw Tate and the prisoner there, and beard some words
between them. Tate said it was very low language; the
prisoner said, if he did not hold his tongue, he would
not take it. During all this controversy, I did not set
Tate doing any thing. The prisoner held his knife in his
hand, and said, that if the deceased did not hold his
tongue, he would strike him with his knife, and gave
him a shove, which drove his head against the bench.
I saw 'fate strike the prisoner with his knife about the
waist, who warded it off. Prisoner said, if you are for
a knife, my boy, here is a knife too; deceased had a
knife in his band ; as soon as he said this, he put his
knife into the right side of the deceased ; this was done
very quickly. I did not hear Tate speak after that.
Samuel Kershaw/ examined.—l was cooper on board

the Kent ; on the day in question there were words be-
tween the prisoner and the deceased ; I saw the prisoner
get up and strike Tate with his fist, who fell over on the
bench ; Tate defended himself with his knife, and the
prisoner said, el if you are for knifing, I shall knife it
too;" he then struck him with his knife, and immediately
sung out for the D ictor.
Thomas Gray, a police officer, produced two knives, whisk the
Surgeon of the ship Kent gave him.
Richard Christopher being recalled, identified them, and the Jury,
without hesitation, returned a verdict of ifensiaughis;.
Edward Kenny, a Lieutenant in the 89th Regiment of
Foot, stood indicted for the manslaughter of Robert
Charlton, Surgeon to the ship Bussorah, by a leaden
ball, fired out of a pistol, on board that vessel, on the
23d of April last, on that part of his Majesty's high
seas, which borders on the Cape of Good Hope.
Mr. Hortaca Twists stated the case for the prosecu-
tion. Having detailed the circumstances of the case,
as would appear in the evidence of the witnesses, he
observed that there was not even the shadow of a sus-
picion that Mr. Kenny had been actuated by any de-
grte of malice, but, on the contrary, he was, up to the
moment of the melancholy event, in habits of intimate
friendship with the deceased, .and bad subsequently

displayed the most poignant sorrow for the distressing,
occurrence. The following witnesses were examined.
Wm. Madge—l am a Lieutenant of the 45th Regi-
ment; was on board the ship Bussorah on the date of
the occurrence in question; the ship set out from
Madras for England in February ; the deceased was her
surgeon ; the day in qaestion being the King's birth-
day, 1, with several others, indulged in festivity in Mr.
Kenny's cabin; I wai going away about ten o'clock in
the evening. when the deceased said, you must not go
away; you have drank nothing; you don't like claret,
and I will fetch you a bottle ut Madeira ; and having
said so he went out, and after a few minutes
also went our, and met him returning with a bot-
tle; I went to bed, and in about an hour after I was
roused therefrom, and on coming on deck I saw the
deceased weltering in his blood ; I heard Mr. Kenny say,
My Gon, my Goo 1 throw me over board, or do What

'you please with me;" he appeared in very great agony ;'
this was about twelve o'clock.
Cross-examined—Mr: Kenny had on that evening presented the
deceased with a silk handkerchief as a token of friendship.
Mr. Charles Oakes—l was the .officer .on watch that
night; Dr. Charlton had been put on salt,beef, and dis-
possessed of his own cabin by the Captain. About 12
o'clock I saw Mr. Charlton and Mr. Kenny on the poop,
and having observed a flash coming from Mr. Kenny'e+
pistol, I went down to inform the Captain they were
fighting; on our return we did not find them on the
poop, but we heard the report of a pistol, and on going
towards it, saw the deceased weltering in his blood, and
I heard Mr. Kenny say, " My GOD, 1 have shOt the best
friend I had in the world. and all for a woman r
Cross-examined—The deceased was put on salt beef by the Cap-
tain, in consequence of some difference. Mr. Kenny took him from
benevolence into his cabin.
This was the case for the prosecution.
Mr. Kenny beifig called on for his defence, read a
statement, in which he feelingly implored the merciful
' consideration of the Jury, explained the rise, progress,
and termination of his fatal misunderstanding, and at-
tributed the whole to the unusual circumstance of his
being intoxicated. His manner of delivering this state-
ment was very impressive, and had a coriesponding
effect on every person in Court, several of whom, and
among them Mr. Justice PARE, were deeply affected.
The following witnesses were then examined as to character :
Major-General Sewel—Has known the prisoner eight
years; was intimately acquainted with him for two
years in India; never knew a man who discharged the
duties of an officer with more propriety ; he was bene-
volent, patient, and generous, so as to gain the esteem
of all who knew him: he was in consequence of his good
temper, appointed Adjutant to the regiment, where he
had to deal with a great number of uneducated men; he
there gave the utmost satisfaction.
Colonel Wilde has known Lieutenant Kenny for seven years;
never knew a man so kind or so humane.

Several other military Officers gave evidence to the same effect.
• Mr. Baron Gwattow,in addressing the Jury, observed,
that during his experience he had never heard so good
a character given in a Court of Justice to any man as
had been now given to Mr. Kenny. His Lordship con-,
cluded by observing, that unless the Jury believed that
the deceased had provoked Mr. Kenny by a personal
assault, the offence in point of law amounted to man
slaughter. The Jury returned a verdict of Guilty, but
recommeaded an infliction of the lowest punishment.
Lord STOWaLL addressed the prisoner, and said, that
after the high character that had been given to him, it
was not likely that he would be again guilty of such a
crime. The sentence of the Court, therefore, was, that he
should pay the sum of 101. to the King,and be discharged,

CINQUE PORTS ADMIRALTY COURT. -
SHIP ELIZA AND JANE, REFORR THE WORSHIPFUL JOHN
. SHIPDam, SURROGATE.

This was a case instituted by the Deal and Rams-
gate Boatmen, chiming salvage for a considerable
number of boxes of tin plates, and a quantity of iron
in bars, part of the cargo of the said vessel, lately
wrecked on the Goodwin Sands. The case was de•
cided as it stood on the Salvors affidavits) to which
there was no contradiction on the part of the owners ;
and the Surrogate in pronouncing judgment, stated that
he considered it a case wherein very meritorious ser-
vices had been performed by the salvors, who appeared
to have incurred considerable personal danger, from the
state of the weather, and the situation in which the
vessel lay, swaddled in the sands, and surrounded by
deep water ; and to have exerted great labour and per-
severance in salving the cargo: under these circum-
stances he'cleemed them fairly entitled to a very liberal
remuneration, and having caused the charges, which
were unavoidably very great, to be dissected, and ap-
portioned to the respective properties, he decreed 4891.
to the Deal boatmen, and 2111. to the Ramsgate boat-
men, being one half of the nett preceeds, and decreed
restitution of the salved property to the owners, on
payment of salvage and charges.