The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1847-12-07 00:00:00

SERIOUS CHARGE. AGAINST A CAPTAIN OF A
SHIP, AND HIS ACQUITTAL.

In our last number we briefly stated that on yester-
day week Captain Cheasty, formerly of the brig Eliza,
was brought before Mr. Rushton, to answer some charges
of having been accessory to the death of a man on board
of that vessel, on her passage from Ireland to British Ame-
rica, as conveyed by depositions taken in that country be-
fore a magistrate ; but he wishing to bring some witnesses
in his behalf from Dungarvon, whence the vessel had
sailed, the hearing of the case was postponed until yes-
terday, when the accused was brought up to the bar, and
Mr. Davenport appeared for his defence. The evidence
gone into was of great length, as were the cross-examina-
tions ; but as the whole failed to satisfy the magistrates of
the truth of the accusation, it is unnecessary to supply
more than the heads :

The two principal witnesses, James Matthews and
James Martin, seamen in the Eliza, both deserted the
ship on the other side, and had, after being imprisoned
there a short time, been sent home here in the steamer
Cambria, as witnesses against the Captain. Their story
went that the vessel sailed from Dungarvon in October
las-. bound to a place called Buctush, near Richebuctoo.
After they had been a day or two out, a man named
Creene, a tailor by trade, was found to have concealed
himself in the hold with a view to obtain a passage with-
out payment. When the vessel was out four days, and
sometime between eight and twelve o'clock at night, the
captain (said they) resolved to have "a lark" with the
tailor who had smuggled himself on board, and with this
view called him on deck, and after taking two glasses
from a pint jug of rum (given to others), compelled him
to drink the remainder, and afterwards brought the wit-
ness Martin to wrestle with him on the deck which he
did,—and, by-his own account, getting nearly the worst
of it. The witness Matthews said that the captain com-
pelled him to drink the rum by taking a knife, and threat-
ening to cut his throat if he did not.
The other witness, Martin, spoke to his being required
to drink the rum from the jug. but said he then went away
immediately, and saw no knife used or any threat made
They both spoke to the second mate and the captain after-
wards wrestling with the deceased, but considered that
the parties were in good humour. They also spoke to
some blows being inflicted upon deceased with a flat stick,
and to his being placed on a sail upon a grating, and
cold water thrown over him, as he was drunk. Deceased
died about four days afterwards. It appeared the captain,
after finding him ill, . gave him some castor oil and

rum mixed. - The captain, it was admitted, behaved well
and kindly to nis crew throughout, and no quarrel had, it
was admitted, arisen between the two main witnesses and
the captain, until he had taken possession of their clothes,
snspecting that they were going to desert from the ship,
after her arrival at Bucktush. They did afterwards de-
sert, and were caught jzi the wood a few days after.
Being brought before a magistrate, they were committed
to gaol for fifteen days. The two witnesses stated that on
leaving the ship they had sent a message by the ship-boy
to the captain, stating that they wished to go on shore to
apply with respect to their dothes, and also the treatment
of the man Greene on board. The ship-boy said that no
such message had been sent by him—all that he was to
say being merely that they wished to go on shore, and
that the mate was sent to them, and ordered them W
work, which they refused to do.
It appeared from some witnesses for the defence, that
deceased was in a bad state of health before he got on
board. The circumstance of the man's death was noticed
in the log-book, and he was buried at sea in the usual
manner.

The defendant on being asked what he had to say, said
that he was as innocent of the act charged as any one
present. All the rum he had given him was two table-
spoonfuls ; and he gave it him, thinking as he was ill with
dysentery, it would do him good. The man had been ill
for days, and had been able to take little or no food.
Mr. Rushton said that he did not believe the story got
up against the captain, and noticed some contradictions
in the evidence. It was impossable for any one to believe
such a story, and he regretted that the captain had been
detained, but there was no alternative after the documents
were sent from America. He concluded by discharging
the prisoner.

ATTENDANCE OF PILOTS.

TO THE EDITOR OF THE LIVERPOOL STANDARD.

Sia,—l observe a letter in your last, complaining that
the New World, packet-ship had to lay off Point Lynas,
on the night of the 27th of November, twelve hours,
without being able to procure a pilot.
I have deemed it my duty to instigate an inquiry into
the circumstances, and subjoin the result from the master
of No. 11 (Mr. Parry), who said he was first on the turn
on the western station on the 27th November, along with
No. 10 ; second on turn, Nos. 6,5, 2, and 9 on the inner
stations ; it was hazy throughout the day ; that about 6,
p.m., the weather cleared away, when they saw a vessel's
light off the Skerries, the wind being from the eastward.
On No. 11 approaching the light, after nearly two hours'
chase, found the vessel to be the New World, furnished
her with a pilot at 8, p.m., 14 miles to N.W. of Lynas,
and 6 to the westward of the outward station.

I hope that this explanation will acquit the pilots from
all charge of neglect, and am yours obediently,
J. COOKE,
Superintendent of Pilots.

Dec. 3, 1847.

It is calculated that in the last fifteen months we have
spent £33,000,000 in the importation of food.
The deaths in London last week were 1,600, being an
increase of 60 per cent. above the average,
The Birkenhead iron steam troop ship was at Cork on
the Ist inst. She embarked at Davenport 954 bags of
rye-meal for Haulbowline.
The estate of Messrs. A. A. Lackersteen and Co., who
failed last month, shows about nine shillings in the pound.
The liabilities are £178,115, and the assets only £80,702.
DEATH OF THE REV. THOMAS MAGUIRE.—The
parish priest of Ballinamore, the celebrated Father
Maguire, of no little fame as a controversialist, is no
more, intelligence having been received announcing his
death by typhus fever.
The progress of the investigation of the accounts of
Trueman and Cook continues to develope more favourable
results than were at first anticipated. There is a prospect
of an early dividend and ultimately of twenty shillings in
the pound.
MURDER IN TIPPERARY.—Another murder has been
fully perfected by the death of James Devone, ploughman
to the late Mr. Waller, one of the victims of the Finnoe
tragedy. Devane was attacked on his return to Borris-
okane, and his head literally beaten in with stones. He
lingered in dreadful agony until Wednesday, when he
expired.
SIGNS OF THE TIMES.—The solicitor for the Provin-
cial Bank of Irelandlas put upon the files this term no
less than 800 " declarations," the subsequent proceedings
upon which, while holding out promise of an abundant
harvest to be reaped by the " profession," afford but an
indifferent prospect of an improved state of monetary
transactions.

Amongst other reports rife in Dublin during the week,
it was said that an attempt had been made upon the life
of Lord Crofton, and it now turns out that there was A
solid foundation for this statement, inasmuch as his lord-
ship has been obliged, by the interposition of his friends,
to leave Ireland, and thus escape the otherwise inevitable
doom that was, beyond all doubt, known to await hiu,
there. Lord Crofton's estates are situated in the county
of Roscommon.

In the Common Pleas, on Saturday, an action was tried
which was brought by Miss Smith (the plaintiff in the
late action for breach of promise of marriage against Earl
Ferrers) against the proprietor of the Britannia news-
paper, for an alleged libel, which consisted in some com-
ments made in that paper upon a pamphlet published by
the plaintiff, which denied many of the statements made
on the trial to her discredit.

THE VOYAGE FROM VALPARAISO.—The steam sloop
Cormorant arrived at Portsmouth on Friday, from Valpa-
raiso. She occupied 97 days in the passage, and much
interest was felt in her voyage which was considered a
sort of test of the relative advantages of the route via
Cape Horn and of that via Panama. The number of days
occupied on the passage from Valparaiso to England, via
Panama, by means of the Pacific and the Royal Mail
Steam-packet Companies' steamers, is 73. The difference
against the Cape Horn route, as shown on the present oc-
casion, is, therefore, not less than twenty-four days.
CHURCH FEES.—In the Court of Queen's Bench,
on Monday, the cause " King v. Alston" was heard-
The plaintiff is, the Reverend Joshua King, rector of
the parishes of St. Philip, Bethnal-green, London, and
of Woodchurch, Cheshire; the defendant was perpetual
curate of the former parish, and the action was brought
to recover two-thirds of the fees for churching, baptizing,
christening, and marrying, which the plaintiff claimed as
his right, although he had resided since 1820, when he was
appointed to Woodchurch, in addition to his London
living, whichhe 'gad held since 1809, principallyin Cheshire.
Itwas agreed thatthe fees in dispute should be taken at £3O.
For the defence, it was alleged that, on account of the po-
verty of the parishioners the defendant charged nothing
for baptisms or churchings, and, out of his salary of £2OO a
year, he had to pay £9O to the organist, beadles, &c. ; while
the plaintiff, independently of the living of St. Philip's, the
value of which is £4OO a year, received upwards of £9OO
a year for his living at Woodchurch. It was contended
that, in point of law, the action could not be maintained,
inasmuch as the order in council did not provide that it
should be the duty of the defendant to collect the fees
claimed by the plaintiff, though it was undoubtedly his
duty to pay over to the plaintiff two-thirds of the fees, in
the event of his demanding and receiving them. A ver-
dict of £3O was entered for the plaintiff, subject to the ,
opinion of the court on a special case.

LIVERPOOL :
TUESDAY, DEC. 7, 1847.

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