The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-07-19 00:00:00

ALLEGED MURDER ON THE HIGH F.

Captain John Wright Chapman, of the ship Cleopatra,
appeared at the Liverpool Police-court, on Friday, to
answer a charge of having caused the death of Joseph
White, on the 2d Oct. last. Sir George Stephen, bar-
rister, instructed by Mr. Owen, appeared for the pro-
secution ; and Mr. Aspinall, instructed by Mr. Forshaw,
for the defence. To give some idea of the case,.
Sir
George Stephen might state that the crew were obliged
to put the captain in irons, and divert the vessel from
her course under charge of the first mate. They reached
Barbadoes, where the captain was enabled to turn the
tables upon the crew, and charged them before the autho-
rities with mutiny, and several of them were punished.
He discharged them all, and shipped a fresh crew, and
then proceeded on to Bonny, his previous destination-
While at Bonny, the alleged manslaughter and aggra-
vated assault was committed. Mr. Mansfield accepted
bail for Captain Chapman's appearance on Saturday,
himself in £2OO, and two sureties of £lOO each. ~
On Saturday the investigation was resumed, when it
appeared from the evidence of William Duncan, the
carpenter of the Cleopatra, that the vessel sailed from
Liverpool for Bonny River on the 16th of August, 1852,
with a crew of twenty-one men, including the
(the defendant) and the mate. On the Ist of October,
in lat. 13 N. lon. 20 W., the Cleopatra fell in with ti
vessel, commanded by Captain Harrison, called the Vicar
of Bray. The two captains visited each other sere. _
times, a boy named White being engaged in rowing
boat of the Cleopatra from ship to ship. On the night
of the 2nd October, when it was very dark and squel,lll
the boat, in which White was placed, was haute
close up to the Cleopatra, in a most dangerrele
position. It was capsized once, but righted again,
and White still continued in it. This was pointed
to the defendant : but, with an oath, he refused to make
the rope holding the boat slacker, or to let any one el
interfere with it. The result was, that the boat caPeizet
effor
once more, and the boy White was drowned, no
being made to find his body. Shortly after this the
crew seized the captain, kept him in irons in his 09
cabin every night, and, under the direction of the firs
mate, navigated the vessel to Barbadoes. Here the ear
taro, by means of a doctor who boarded the Cleoptitill:
communicated with the authorities on shore, and tho
whole of the crew were taken into custody. They 0,11.!
with the exception of the complainant, were tried I°'
piracy and mutiny, and sentenced to terms of imprison'
ment varying from one to three years. No definite cbelLige
was here made against the captain, and he was not Ulf
or taken into custody for the alleged murder of White'
At Barbadoes he shipped another crew, and sailed agate
for Bonny River, the complainant going with him. ‘-'"
master
reaching the coast of Africa the captain and the coM'
plainant quarrelled, the latter stating that he was e°,.11;
fined by the defendant on a marsh on shore, in irons, wa
a fortnight, and only allowed half a pound of vara an
some palm oil per day. He returned to England to
another vessel, first signing a document on board tbe
Cleopatra forfeiting his wages if the defendant would re.'
lease him. After being here a fortnight, he corm:0111'
cated with the police, by whom the captain was taken
into custody.
At the end of this witness's examination, a discussil
arose between the opposing counsel and Mr. Mansfl,e
as to whether the latter could entertain the charge. 11'1.
Mansfield finally stated that, as the question appeared t°
have been fully investigated by the highest court in
badoes, he was not justified in interfering in it. 11" e
captain was then discharged, and left the room, but he
was immediately arrested on a charge of manslaught. jerei
which, after a further discussion, it was arranged ell'.
be investigated yesterday morning.
tbe
The charge of manslaughter against the captain 0-f ,
Cleopatra was investigated yesterday, before Mr. 31°"*".
field. Sir George Stephen appeared for the prosecution'
and Mr. Aspinall for the prisoner, both the learned gells
tlemen being instructed respectively by Mr. Owen, a"
Mr..Forshaw, solicitors, as in the charge of murder.

The first witness examined was—
William Cuddy said he was mate on board the Cl,e°'
patra. On the 18th of November last, he shipped 111,1335 i
self at Barbadoes, and arrived at Bonny on the 15'4
February last. Knew a man on board named Des 1
Armstrong. He was steward. Recollected the 10th,e,.
May last, when they were under the lee of St. Thoraseb'y
On that day Armstrong was flogged with a rope sent a •
Captain Chapman. Did not know why he was floggesj
but witness heard the captain tell him to stand up, 91's
he was unable. He endeavoured to stand, but fell age''''
Armstrong had complained to the crew that (islt
of illness, but witness did not know before t";
that be was ill. On Armstrong falling, the captain°';
dered the carpenter to heave a bottle of water on 01,3 i
and that was repeated, after which he was sent to tit,.
berth. Witness saw Armstrong at night in his ber
He was then sick. Armstrong soiled his bedding;
and it was found in a filthy state next morning- nis
after that he was turned out of his berth. Did not see 1. of
strong for the next two days. That was on the 12tga
May, when he was brought up out of the forecast!' The
was helped up by two men, who lifted him esesrensast-
forecastle is a small hatchway just before tbe, I" h was
When he was brought up out of the forecastle, e edicsd
laid on deck. Could not say whether he had any 133 desk
attendance during the two class. He remained ons_r
until he died, which was about a quarter of an hour
a
he was brought up. Whilst he was on deck the captain
afterwards_poured spirits
O odown b
efhoi sr
et htrho
e 10th of w
a t ,and he died
was punished on deck for capsizing some paint. He !;,'
then struck with the fist. He had before been stro'
e
with the fist- On one occasion saw him, struck on the
upper lip. Never heard him make any complaint of O
condwot of tho ooptain.
By Mr. MANSFIELD.—Armstrong was a coloured men;
By Mr. ASPINALL—I do not know whether Armstrong
was beaten for trading with the natives. He was a dirty
man. I believe he was turned out of the forecastle, ba"
may im
Armstrong
cause the crew would not have him he was so dirty- ea
Andrew Moody called.—l am a sailmaker. I shiPP
on board the Cleopatra on the 15th of November at peso
badoes, and proceeded with her to Bonny. I knew a T,,,a
named David Armstrong. I recollect the 18th of 3ri
when we were under the lee of St. Thomas. The caern,',o
asked the mate where he was. The mate replied that ,r
was sick, on which the captain said " Go, and bring Prrest
Armstrong was sent aft to the captain. The captain as erg
him what was to do with him. Armstrong's
were down, and the captain asked him to draw then" ;le
or be would make him. Armstrong said he was not soy
to draw them up he was so weak. The captain tbenst°o
a bit of line and struck him. Armstrong then fell 0,41
on the captain, and the captain then went on the poop of
called for the carpenter, and told him to bring a buckeLo
water and throw over that man. Subsequently the ono
told the carpenter to go and repeat it. Arrne'llsg,
remained on the deck until late in the everos
when a man named M'Quillam carried him into 00,100
castle. He remained there until next morning, °ld
man named Tom Gracie went into the forecastle, told
found that Armstrong had soiled his bed. Gran'.e
.a
him to come up and shift himself. Armstrong s'lo
was so weak that he could not. During the two bat
between the 10th and the 12th, Armstrong had fosdsciS
he could not eat it. On the morning of the 11th Ll'isd
took Armstrong up to the door of the forecastle, to
complained to the captain that he was a nuisance to,ool
forecastle. The Captain said if he was a nuisance he thee
not go into the forecastle any more. Armstrong toe
asked the captain where he was to go. The cap
told him to go into a cask. Armstrong rens/tine'
deck all day. I saw nothing more of Armstrong see
the 12th, when the mate told us to get some canvass ten
sew him up. Armstrong was then dead. I sewed bnotte
and he was thrown overboard. On former eel,
Armstrong was often struck by the captain. I saw
flog him in the hold on many occasions.
Cross-examined by Mr. ASPINALL : Armstrono
bt
not a dirty man until after he was ill. I always thee it
he was a clean man when he was in the mate's cabin' the
was not for being dirty that Armstrong was struck esil„ thl
occasions referred to. When Armstrong came on,';st
deck, with his trowsers down, he was walking, but P.- or
great difficulty, and it was only by getting hold of r pie
and other things that he was able to do so. The coy/
told him that he was skulking, and Armstrong ref od
"I am not skulking, lam sick." I believe be wag tip
sick, from what I saw myself, because, in a convert-0(1
with him on the 10th, he said to me, " When 00'
home remember me to my friends, for I am afraid
never live to see my friends again."
Sir GEORGE STEPHEN said this was the case. tif'
Mr. ASPINALL then addressed the magistrates Dose'
half of the prisoner, contending that no case 0,1_40
slaughter had been made out. With regard to the u"g
of water being thrown on the deceased, it seemed tbeol'
captain thought the deceased was skulking, but in
appeared he was mistaken. When the deceaselibleP
found to be really ill, the captain took the coursegio bill
any other man would have done, and this was sh° t 0
the
eirs iecteasraphtaeadivnitnimigaitbg
the
het nehgativrveeeant
m toent
treatment
resorteddeceased.so mee xttoe
nbt
sey
th:f;ol;hCoc
yogi!
deceased, did not show that been,he had been absolut' en
c tbi°'
did not answer, and the man died ; but there we' /sloe'
whatever to support the charge of menslaughter-
ssal
dence to rebut the charge was offered, and on OP'
Sir GEORGE STEPHEN again commencing t°
the court, ly, ,end Mr. ASPINALL said that he had no right of rePd fri
Sir GEORGE STEPHEN contended that his leasner Vte,
o 05
was wrong. He (Mr. Aspinall) had, in fact, I; 9
appear there at all, and could only be regarded"arie!:,
present by courtesy, as the present step was eXiPthe
the magistrates had no alternative but to sew' •erl' she
upon the evidence adduced, for the decision of a.,,,Jeee
Some conversation having taken place bet" sa4
magistrates and the learned counsel,
eoneet set•
tisssveseastestts doefgitei:
Sir GEORGE STEPHEN WaS allowed to p-- ((p-
-urged that a case for committal had been tullYro behafo
If the spirits had been administered even two utritbs 00
the deceased died, Mr. Aspinall's statement Diea olgio
amounted to something, but it was not donen,n'et
the moment of death, when the deceased, in le , per
articulo mortis. aecis
saidM the truth
and therefore the magistrates must take it upon been VP
SFoflEthLeD,wiintngeisysiensg statements e mmeang
After remarking that the captain had evidentlYst 01,4
taken in supposing that the deceased was nye satli ,
Mansfield said it appeared that after he beese/ toe eit
that he was ill he took the same course to seedue
OP et
man would have done ; and although it would sse
he acted with some degree of harshness, be dies cop fop
there was sufficient evidence of the esPUt nst they
having caused the deceased's death. He rn
be discharged.
_ a

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HOLLOWAY'S
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time,z
3 NoIRAAt Jul
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14:05:64:,
locomotive was run for the first time on thctheirmoi,
Railroad, the Bedouins gallopped alongside ,Frlci 00 c'
of keeping pace with the locomotive. no $3CnC'.
Thomas Edwards, a labourer in Portsmouth
ears ,ed
received a severe hurt in his thigh, about four less for'-01,
by a piece of timber falling on him. Au 6t,.,„c roos cod
in consequence of the injury, which defied roropeeper
NATURE.--When,
h:AseN'yEbspfeonpAu'lNnoLdont, tstholelloy u::::::
tier
neat surgeons to heal, and hewas consequeetiYt ,r„vitti ils, b.
incurable, and put on the superannuation isr_,edie_4o
sion. Bein now at liberty er try other %,`,7119,.rAt1P
havcommencedeso
effectually using H
curedoll o whaiym's
and Is as well Ole to work a$ any wan,
th°aitntlzineeenntjoaynsa;9o4 b‘".