The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1846-04-14 00:00:00

NISI PRIUS COURT.-TIIESDAY.

ALLEGED CRUELTY AND OPPRESSION BY AN APRICAg
C•PTAIN.
HUDSON v. WARD.—This was an action of trespass
brought by the plaintiff, Thomas Hudson, against the de-
fendant. John Ward. Mr. Knowles stated the case. The
plaintiff was by trade a cooper. He sailed on the present
occasion on the 26th of July, 1843. He bad been engaged
by the defendant, Captain Ward, who was the master of
the Bounty Hall, a vessel which belonged to Mr. Bold, of
Liverpool. It was not until the 14th of November that
the occurrence took place which had given rise to the pre-
sent action. On the day in question the plaintiff and five
other coopers were engaged busily at work. The plaintiff
had his staves in a bundle ; and having placed them in the
way of another man, named Pearce, Pearce threw thei
down. A few angry words were in consequence exchanged
between the plaintiff and Pearce ; and then one of the
mates, who was related to Pearce, told the coopers to mind
their work. Some one called out that they were minding
their work already; and the mate, having chosen to aPe
some that the plaintiff had made the observation, although
he had not opened his lips, came forward and seized the
plaintiff by the shoulder. The plaintiff not having heard
the 'Ate coming, turned suddenly round, and, in doing
so, the hammer he held in his hand accidentally touched.
the mate's ear. The mate then seized him, and, assisted
by the second mate, they both dragged the man towards
the vessel. However no great offence was taken. The
mate spoke to him about going back to his work, and in e
little time he went back to his work. The mate did not
appear to think that any act of mutiny had been corn..
menced ; but having found some blood on his ear in a lit-
tle time after, he then began to view the accidental touch
he had received from the hammer in a very different light.
The captain was at that time on shore ; and the mate hav-
ing sent a messenger for him, the captain came on boardr
accompanied by the captains of other vessels then lying Off
the coast. The plaintiff, who was at work when he heard,
the captain cry out, went toward shim with his tools is
his hand. Now, then, what took place? The jury would
find that the captain had ,at that time, what be called S
walking-stick in his band. The jury might be curious tO
know what a walking-stick in the hands of an African cap-
tain really was. It consisted of a gun-barrel, plugged
with wood ; and a most dangerous weapon it unquestiona-
bly was. The captain raised up the walking-stick—blud-
geon would be a more applicable name for it—and struck
the plaintiff a violent blow with it,—so violent that the
man staggered under the weight of it : and he (Mr. K.)
dared say that the man raised both arms to avert the blovf
when he saw it coming. The captain ordered him to be
stripped and tied up to the rigging, there having been no
inquiry, no examination, no questions asked of anybody.
Meanwhile the mate had been preparing what was called
the cat o' nine tails. It was necessary here to mention
that the captain was a very strong, powerful man, upwards
of sic feet in height—that the plaintiff was the reverse, and
that the mate was just as powerful as the captain. Instead
of nine, the mate put sixteen tails to the cat ; and so soon
as it was ready, and the back of the plaintiff was laid barer
the captain would have the satisfaction of inflicting the
punishment. He therefore took the cat and gave the mah
two dozen and two lashes, drawing at every strokete
gave, not only blood, but particles of flesh from the back
of the poor wretch. But that was not enough. When he
got tired the mate was called to his assistance, and there
the latter brute took the cat and went on inflicting the
blows, until he had made up five dozen lashes. The plain
tiff could bear it no longer ; the man's natural strength
was exhausted ; he was about to faint ; and it was neces-
sary the captain and mate should give over, and they did
so. When the plaintiff bad recovered from the faint, be
was seized by the mate, and dragged through his blood tO
the wheel of the vessel. His hands were put round the
spindle at the wheel, and tied there. Handcuffs were.
brought. They were too small, and the man remonstrate('
against them, but in vain. In that position he was mans;
cled, with his naked back expcsed to the weather; and
there he was kept from four o'clock in the afternoon until
twelve o'clock on the following day—twenty hours. 06
was then untied, and removed to the boatswain's locket'
on deck—a place which was about four feet in height and
five in length ; and there his hands were manacled. is'
chain was passed over both arms, and fastened to a staple,
the length of the chain being sufficient to allow On to'
walk about, and he was kept there for 90 days.• Tho
plaintiff, at the end of that period, was sent home to Errr
land in another vessel. The torture was inflicted, as h°
had stated, on the 14th of November, and yet the jai
would find that in the following Jene he was still suffering
from the barbarity inflicted upon him. The learned gen:
tleman concluded by saying that it was altogether a 0100,0
brutal and savage case, and one which would call for 044
emplary damages.
A number of witnesses were then examined, who gib'
stantially bore out the learned counsel's statement.
Mr. Martin then addressed the jury for the defendant'
He said be perfectly agreed with his friend, the Attorney`
,
General, that this was one of the most important case'
which had been tried during the present assizes ; for nt
jury or persons of any kind could hear the details of cut`
tering of a man being flagged in the manner which /351.
been represented, without having their feelings enlisted tt7
wards the suffering party; but they (the jury) had beard
but one side of the story, and he did trust and hope tree
would keep their minds open until they had heard th.
other side; and when they had heard both, and after ha
had made a fi w observations upon them, he did feel een;
fident that his client would obtain a verdict. There Weis
some facts spoken by the witnesses for the plaintiff,
which the two witnesses differed; but lie attache) no CO
sequence to this. He would not go through minute de:
tabs; for, unless he should show that what had laeri sus
ted was a gross, misrepresentation of circumstances,
would ask them not to give a verdict to his client but t 74
the plaintiff. He would call their attention to some Plio
which were utterly inconsistent with the story et bb
learned friend, but quite consistent with the case cY",IO
he was about to set up for the defence. The last witl3,4
had seated that Hudson. upon WIT taken from the whe,ofs
was immediately tied up, and that then the examinattio
took place. If this had been the fact, he (Mr. Mar,„,..
would readily admit that it had been a farcical investlry
lion ; but if this should be false, and a full and fair 441 W
should be shown to have taken place, and that one Ordr
the captains engaged in the inquiry had agreed in Pore
meat, what would they think of the agreement of 111,e tert
stories ? it had been said that the blow had been jail be
upon Whittington's ear by accident; but if it should d
shown, upon oath, that he was felled to the earth,
'
ye
stunned by the blow, and that, in consequence of this,bepe
captain bad been immediately sent for, he would ask`..re
which was the most consistent story ? And did tio ;roe
tain come back alone ? No ; he brought with hip
other captains. Would this have been the case if theaj
°
hid been merely a noisy quarrel amongst the cooperf,'ust
stated in the case for the plaintiff? He (Mr. M-irtio)e'd tO
protest against the prejudice which had been attemPilli she
be raised in their minds against captains engaged
~ftlif
African trade, who were, generally speaking, trust
existed.men ;
and
Tah better
learned can du ct
counsel,e d m man t
etrh
givingan h
an
eontttioinn cc
idol
the case which he was about to set up, proefeae`Au: area'
evidence to prove it; and observed, it would be o''..,bico
to judge under all the circumstances of the case,
was the true account. After calling upon the jury t^o,oool
nish all prejudice from their minds towards his eau'
commenting r.mt i nr g. uponmart the Martin
proceeded
r unexceptionableoeeeded
to
o examine er
eve,_rii
07sitt;
nesses for the defence. It was stated bY t`,.!eplaiO4.
and some of the captains of the other vessels that t!l__ by 0_
tiff, on the mate coming on deck, felled bliLfund ors
blow of the hammer, which inflicted a severe 0•"_,. Oa
his ear, and had produced symptoms of lock-i. 1704.010
the captain coining on board with two other
caePtthe
calling the plaintiff aft, he refused to lay dow to tags
trier and driver, and on the captain atternetin,ige caplet:
them from him, he attempted to strike him• tbgd etts
then struck him with his fist, and they struggieout of '"
until the captains present took the hammer t in irons.
hands. It was for this he was flogged andtr':
and it was alleged that his condition. as detailed „sot 01--
witnesses was very much exaggerated. At ba,"tor eel
o'clock the jury were locked up, but, being tint.
they were discharged at twelve the same night.
This closed the business of the assizes.