The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-09-05 00:00:00

THE LIVERPOOL STANDARD

MANSLAUGHTER.—COLLisiON.

Samuel Lloyd, 43, was indicted far killing and slaying
Witham Johnson.

Mr. 131 Air was for the prosecution, and Mr. Harden for
the defence.

Mr. BLAIr. stated that the prisoner was the captain of
the Cheshire Witch steamboat, which plies between St.
George's pier and the Rock Ferry. On Friday evening,
-.he 4th of Au lust last, she left the pierhead on one of her
asual trips, and after she had been away from her moor-
ings about a quarter of an hoar, was off Coburg Dock
antrance. The tide was about half ebb, and running
rzr+Py. It was the practice for the steamers to
keep in ts-hore to get the slack tide, but along that shore
were a number of small slips, by which small boats were
in the habit of lying, and whence they issued forth to
proceed on their voyage. The steamer passed near to the
sea wall, by Clarke's Role and the entrance to the Coburg
Dock, steering inwards and then outwards; she followed
the bend of the wall, when a boat called the Regulator,
which is a four-oared gig, carrying sails and plying on the
river, came out from the Cockle Hole, with ten men in
her, belonging to a vessel called the Sussex, lying off the
Mogazines, and two other persons. Her head was to the
wind, which was W. by N.V.; they were getting up her
sails, and an oar was at her stern as a rudder and for
sculling, and she was drifting down the river. The steamer
was seen by the parties on board approaching at a distance
of 140 yards—though there was some difference in their
statements on this point as to the precise distance—and
excited great alarm as she did not alter her course. They
hailed the vessel, and she was also hailed by some persons
on the pierhead. The prisoner, it would be proved, who
was steering the steamer, must have seen the boat, as
other persons on board the steamer did. He called to
them to get out their oars, and waved his hand to them
to get out of the way, but the bow of the steamer struck
the boat, and the latter sunk. The vessel was immedi-
ately stopped, and boats put off from the shore. It was
supposed that all the people were saved, but on calling
over their names it was found that the deceased was
missing. His body was found drowned on the shore a
few days afterwards. The learned counsel then stated
the law applicable to the case, which was that if a party,
in the pursuit of his business, did not use due caution
that homicide should not ensue, he was liable to be con-
victed of manslaughter. Here he had a knowledge that
these small boats were constantly coining out, and as he
was at the wheel himself, he could not, therefore, get rid
of the responsibility which might have been thrown by
the captain on the steersman. He was very active in
saving life•after the collision, but if he had been guilty of
recklessness or negligence he was not the less amenable.
If the collision was accidental, the jury would give him
the benefit of it; but if he had been guilty of recklessness
or carelessness, then their verdict must be against him.
Witnesses were then examined, who, on cross-exami-
nation, stated that the people in the boat might have got
out of the way if they had not all been in confusion ; that
the prisoner was obliged to steer towards the shore to
avoid the boat, and then to steer outwards to avoid run-
ning against the pier ; that there was an error in his judg-
ment in doing this; that he did all he could to avoid the
collision, and called out to stop the engines three times,
and that in fact he was not at all to blame.
The Learned JUDGE inquired if the case could
be carried any further after this had been admitted
by two witnesses. His Lordship said it was an
accident. If he was at the helm himself and could not
leave, and called out to stop the engine and it was not
stopped, as had been proved, he was clearly not to Name.
The jury said it was an accident, and acquitted the pri-
soner, under his Lordship's direction.