The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-03-10 00:00:00

OXFORD.

At the Oxford circuit an action of libel was tried; the plain-
tiff is an attorney practising at Reading. and the defendant a
gentleman of fortune, residing at Hendon. About two years
since the defendant won £36 at cards from a voting gentleman
at Reading, named Clarke, of whiCh £2 was afterwards
paid ; but, being unable to get the remainder, hepublished bills
ahout.the town of Heading, describing the I ransacaat, -stating
that the money was fairly won, and declaring " the said Jahn
Clarke undeserving the consideration of a gentleman." After
this publication the money was paid on the part of John Clarke
by thepresent plaintiff, who took an acknowledgment, in which
the defendant retracted his former declaration in these words—
" Upon further investi,ration I have ascertained that the impu-
tation in the said handbill is totally unfounded, and that Mr:
Clarke is wholly undeserving the imputation thrown upon him."
Subsequently the friends of the defendant persuaded him that
he ought to have stated in the paper the payment of the money
as the true cause of the retraetation of his former opinion; and as
the plaintiff, when applied to, refused to permit it to be altered.
and even published it. the defendant rublished a pamphlet, con-
taining the whole of the facts and correspondence, and charging
the plaintiff that be had "drawn up and obtained his signature
to a memorandum which artfully suppressed some material facts,
and placed a false construction on others and had published
the same, which he, had expressly bound himself not to do."
This was the libel complained of.
Mr. Justice Park said both parties were to blame. The de-,
fendant had shown great intemperance in publishing the libel,.
but the plaintiff was also reprehensible in not permitting the
mention of the.ayment of the money in the document.—Ver-
dict fur plaiutiff—Damages £4O.

CENTRAL CRIMINAL COURT.-FRIDAY

CHARGE. OF PIRACY AND MCkDER AGAINST TWO BLACK
SA MONS. - Joinbo and Btitlibear, the two black 'sailors
who were a short thee since charged before the Mayor of Li•
verpool with the crime of murdering Captain Glascock of the
Ame in, on the 15th August last, and further with having on
the Eiih of the same month feloniously assaulted William -Ives •
Stabs, a seaman on board the same vessel, with intent to,
murder, &c., were placed at the bar of this court on Friday last.
The' prisoners pleaded not guilty.
Before the prisoners were given in charge to the jury,
Mr. Phillips, on the part of the prisoners, suggested to the
court that it was not safe fur them to go to trial in the absence of
one of the witnesses named Gould. There were other two of
the witnesses who had_ been before the grand jury not present;
but he cared for no one but Gould. his lordship, he had no
doubt, had read over the depositions, and would at once see the
reason which was actuating him.
After a discussion of considerable length the absent witnesses
were ordered to be called on their subpoenas.

On that cerembny taking place two of them answered to their
names, and said that their comrade was laid up with the rheu-
matics.

A surgeon was sent off to ascertain the fact.
There Wasaio counsel for the prosecution, on account, as Mr.
Phillips said, of that being the only county where fees for coun-
sel for the prosecution Here not allowed.
The court, geeing Mr. Adolphus, pressed him into the service,
to give his assistance in the examination of witnesses.
r. Adolphus said, when in a court of justice he always con-
sidered himself as under the command of the couit, and he
would be most happy to give any assistance in his power.
Mr. Bodkin rose and said if he could be of the slightest as-
sistance to the court it would give him pleasure.
William Ives Stubbs was then sworn, and deposed that he
was a seaman. On the 30th of November le.t England in the
Calypso' of London, for the coast of Africa.• He went fi mu that
in' o his Majesty's service. He got his discharge from that. and
went on board the Amelia, Captain Benjamin Glascock, on the
coast of Africa. There were only two seamen onboard when
he joined. ' There a-ere also Gouid, the mate, and Sleeman, a
seaman; who was off duty. There were also the carpenter and
thecooper. The vessel was 127 tons, trading in gold dust,
ivory, Lac. There were four natives on board. Two were dis-
charged, and the two prisoners remained. They cowl' speak a
little rnglish. They were south of the-Line, about three hun-
dred mites from the shore, on the 21st of August. There were
then on hoard the captain, Gould. mate, the steward, carpenter,
cook, and three seamen beside himself. The prisoners worked
as well as they could as seamen. They were called boat-boys.
He was on deck at midnight on the 20th. There were also the
captain and Villiam.Kewark and Botlibear. The captain was
asleep on the ban-contr. At two o'clock witness took the helm
from Kewark, Who went forwaid. When he h..d been at the
helm For half an hour, and was looking at the sails, Bo:lib:tar
gave him a stroke with a cutlas over the head and then another.
He had no business with a cutlass. The arms were on board as
for traditig, and were kept in the cabin. Jombo used to attend
in the cabin, but the other had.,no busiuess there. When he
.was falling he got another stroke over the jaw, which bloke it.
While Botlibear was cutting him lombo was cutting the cap-
tat n right acrossAhe throat; he could not tell with what sort of.
iastruthent. The captain was still lying on the hen-coup. lie
(Wita4s) was knocked insensible, and never saw the captain
again. He never save any quarrel with the captain and the
prisoners; but on one occasiou—a week Wesfore the occurrence
—he heard the captain tell them, in a joking way, that they
should never go back to their own country, for he would sell
them for slaves; they did lilt take it as a jake, but seemed very
much hurt about it. When he fell he called out murder, awl
thase below gat up; he fell through the scuttle into the cabin.
When he came to it is senses he saw the after-part of the cabin
on fire; on the alarm beiag given, the twa p.asaners took a b..at
and left the ship. Witness was so weak that he could not reach
the deck without help. He and the rest of the crew left the
ship in the other boat, because they expected she would sink
every minute. They wade the best of their way to Bonny, on
the coast of Africa, where there was a 13iii.ish consul, but they
did not Make any application to him. They went ou board the
Richard Rhymer, an English ship. All the captains in the har-
bour assembled, and they detailed all the- circumstances, and
after many hardships they got home.
Cross-exainined—lle was sent home as a prisoner, and he be-
lieved lie was the only one of the crew who was taken into rus-
tody. The captain was foul of t
a"-aig, and was a quiet, sober
inan. \Vas not on deck when the eaptain was asked by the
prisoners whether he was in earliest, and when he ansxeied,
i• lon see the awl, and know which way your awn country lies
—are we going to it?-•1 am in earnest:" The captain was nut
in the habit of sleeping on deck, because it was almost certain
death to do so. Did not know that the men had attempted to
escape the night before the murder. TI at night was the only
night the captain had slept on deck. Ile saw from the light in
the binnacle so as to be able to tell the one man from the other.
lie had received „le blow when he saw Joinho strike or cut the
captain. Ile cot, id not now be certain how often he had been
struck before be called out '• Minder l" Did not think he said
on his first examination that he came upon deck. Did say, be-
cause he did not think of it at Liverpool, that Kewark as-
sisted Gina. Did not land at Bonny ; they went ou board the
Richard Rhymer, and then told the rapid in of the murder of
Captain G;as,ack-' Weld on Board the Richard Walker after-
wards, and then into the Heywood, which brought bun to Eng-
land. That was in about a month after arriving at Bonny. Do-
He was ou board the Richard Walker but not as a prisoner.
Did not know anything of Captain Glascock having property
nn hoard. Never heard him boast of having some thousands
of gold dust. Never heard it limn :toy one. The captain made
very free with the crew, but never heard a wind of so much pro-
perty on board. There was money iu the boat, which they di-
vided amenast them. He did ant know whose it was. It-was
in a box which was broken open in the boat. Ile did not know
how much there was, but he got nine pounds. Did out know