The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-11-04 00:00:00

AIiLTING

AND MALTRI

A.TINU 111 S CRENy AT SEA

On Wednesday last, Captain Kennard, of a.brig called the
Thomas, which lately arrived at t his port, was brought before
Mr. Rushton and Mr. Hardman Earle, on a charge of
assaulting his first-mate at sea ; and the. evidence,. as it pro-
ceeded, disclosed other circumstances which will be found
revealed in the evidence subjoined.
Mr. Owen appeared for the complainant, and Mr. Wardle
for the defendant. The former, after briefly alluding to the
particulars of the charge, which he had every reason to
believe he should be enabled so to prove as would seriously
affect the character of the accused, called the following
evidence :
Eleazar Coltburst, said—l was first-mate of the Thomas
on her recent voyage from Tampico to this port. She arrived
here about ten days ago. I remember what occurred on the -
15th and 17th of September last, on board the vessel while
she was on her homeward passage. (The witness here
described several operations connected with the working of
the ship in which he was engaged, together with a man
named Charles Gray, who afterwards went overboard.)
Mr. Rushton wished for an explanation
of the last ex-
pression,-
and Mr. Wardle said he had an objection to
question being put to the witness, as they were not inquiring
into that matter. Mr. Rushton overruled the objection, and
the witness replied that tray was beaten senseless by the
captain. He then continued:—After being engaged with
Gray, I went forward, and the captain struck we violently
with his shut fist. My nose bled-from the blows. He then
knocked me down three times, and afterwards struck Lue
violently with a rope four times. I gave him no provocation,
by language or otherwise. On the 17th, while they were
setting topmast studding-sails, and I had gone forward to.
help in hauling home the the sheet, the captain came and
again struck me three times. I was weak and ill on the
voyage. I had a relapse of the yellow fever, with which many
of crew were afflicted.
Cross-examined.—We left Tampico on the 26th of July.
From the 27th of that month to the 30th inclusive, we had
three hands sick besides the mate. There were nine of a
crew in all. After the 30th July, the master and three hands
were alone fit for full duty, and I assisted as well as I could
occasionally. There was much sickness on board till the 10th
of September. I kept the log, and entered the principal oc-
currences. (The log-book was here produced, and the wit-
ness was requested to read the remarks of the 15th Septem-
ber, and afterwards of the 14th. It related chiefly to the
weather, and the working of the ship. Mr. Rushton read
further extracts as the witness read very slowly. The log it
appeared was written by the captain after the 15th. One
passage was to the effect, that the people had almost turned
the master's wits—so that he was nearly crazy—from their
refusing to do anything. The witness said that he did not
enter the flogging he had got in the book, as he thought it
would be better for him to keep it private. The captain Was
put out of the way by the state of the weather, and the feW
hands there were to work the ship.
Mr, Wardle remarked on the fact that there was no entry
in the book relating to the alleged assault.
Mr. Rushton said it could not be supposed that the mate
would record the fact in the book, which might have pro'
yoked a repetition of the assault. (Some portion of the book
was erased, and other writing substituted, which the captai°
said he had done, as the mate had entered in it what were
lies.) An entry stated that the master found Charles GraY
asleep over the bows, and told him he would rope's-end him
if he did so again. Witness said on one occasion, on the 22d
September, the deceased, Charles Gray, was steering and got
the ship aback, when the captain rope-ended him, and he
afterwards got overboard. An entry of the 21st September
stated, that as the master was welking on the starboard side
of the bow he saw a man overboard and sinking, and that he
had the day before cautioned him against sleeping on the sprit-
sail yard. Witness continued : There were four men able to
work at that time, and also the French boy ; the witness Wal
also able to do a little. None of those that were able refuse,'
to work.
John Opie, the second mate of the vessel, being sworn.
said-1 recollect the day on which the complainant (Col-
thurst) was beaten. lie gave no further provocation thau
being disabled from illness. He used no bad language, "IY
he could not work. I saw Charles Gray on the 21st Sept.
I did not see him jump overboard. I was below at the time.
The captain spoke about it at the time. It was my wate„b
below. The ship was several times thrown aback whe",
steered by Gray. The vessel was not put about to save Graf
that I knew of.
An Italian sailor, who belonged to the vessel,
was then
called, and as he could not speak English, Mr. Dowling i°,l"
terpreted for him. He appeared to be in bad health, an
was so feeble that he had been brought from the hospital la
a coach, and was allowed to sit while he gave his evidence'
He stated—l
,was cook on board the Thomas. I remember
a dispute between the captain and the mate on the 15th
September. They spoke in English. The captain strued
the mate, who came below. He beat him with his fists, 80,,,
afterwards with a piece of wood. He did not hill from t°"
blows.
Mr. Owen requested the Court to ask the witness the
cause of Lis illness. Mr. Wardle objected to the question"
,
as irrelevant to the present inquiry. Mr. Rushton over
ruled the objection, and the following evidence was tbea
given :—I am very ill, and am a patient at the hospital. 11
illness arose from so many beatings the captain gave me.
was not ill when I left Tampico. During the first half of the
voyage the Captain did not beat me at all, but he afterwards
commenced doing so frequently, for nothing at first, and after'
wards because I did not understand English. I did not un-
derstand his orders about the ropes of the ship. I admit that
I committed a nuisance repeatedly in the hold. 1 could De'
help it they gave me so many potatoes. Ido not think me
ribs are broken, but I am ruptured from the kicks given n"
by the captain

—I was not ruptured when I went °'3

Cross-examined
board.
A French boy, named Etienne du Monde, was then called,
and his evidence was interpreted by a gentleman in the coati
He said,—l was on board as a boy, not as an able sailor.
recollect the 15th September. On that day the master struoi"
the witness Colthurst. He struck him several times wititl
his fists, and in the end with a handspike. The captain found
fault with him for the most trifling thing. He was alwaY'
quarrelling with the mate, and speaking violently to him. ,_
By Mr. Rushton.—l cannot speak one word of Englis°_
I knew they were quarrelling from the gestures and menaces
they ud.
Exam se
nation resumed.—Ten minutes previous to the youtig
man Gray going overboard, he was steering. The cap se
called me to take the helm, on purpose to strike him, because
he could not steer properly. I took the helm. Tne capita
then struck Gray with a rope. He fell down amidships froto
the blows. The captain asked him to assist him in pulling $
rope. He was unable to do it, and the captain took anothert
piece of rope, and struck him again. Gray afterwards Well
to the rope, and attempted to pull, but could not. The car
tain then got the cook to help him to pull the rope. The
young man, Gray, then went forward, and laid his head tlP°':
his bands. He remained some time with his arms crossed
then looked along the ship, and I then saw him s'elancer,,?e
es
jump overboard. The deceased's legs were full of sores. P 5
had had the fever, but was better of that. I fancy the s,°„rit,
were caused by mosquitoes. The captain was on the ne',a
on the other side, when Gray jumped overboard. Gray °'
not say anything just before. the
Opie recalled.—l do not know whether Gray had had -
fever ; but he was as ill as it he had. He appeared to
sometimes out of his mind.
Mr. Rushton said that he considered the inquiry relative
to Gray was due to the captain and to the justice of theca
Mr. Wardle said, for the defence, that the ship was veil,
short-handed, and the captain had to do every thinehiore,be
even to the cooking of the food, as well as to attend t
sick who were on board. The conduct of the crew throughl,
had been very bad. There was a passenger on hoard, who die t.
otherwise a very different story would have been mades
Even the witness Opie had been sixteen or seventeen (104
off duty, and he should refer to him for the general conth,l'a
and kindness of the captain to all on board, as he bad saiiei
with him before. The captain, he was instructed, had beiel'e
six or seven days together without ever being in bed. he
had, no witnesses to produce, but should call Opie as to t
point stated. rib
Opie said he had been two voyages with Captain Keon-r
and that there was good usage on board until the men ,e
sick, and illusage afterwards.
Mr. Rushton said that a case had certainly been made °,,ut
against the captain, for ill-usage of the mate. The partic;;
lar assault was distinctly spoken to by two of the witnesses
well as the complainant. The captain had no doubt diffiet_le,
ties to contend with ; but the crew were all sick and fee" $t
and worse off than himself. He had practised the 0)°,
wanton cruelty and inhumanity towards them ; and with :b.-0
spect to the dreadful case of the seaman Gray, but for '0
last evidence given of his occasional insanity, he should b leer
considered it his duty to commit him for trial before an so
court. There could be no doubt but he had driven that t;°_,;
into a state of mind by his barbarous usage to leap overboart7lt
but that was the act of the deceased himself. For the ass °be
on the mate, which had been proved, he must pay 1:5, 0r
imprisoned for two months.

It is now confidently stated that Admiral Sir John Talhot
G. C. 8., is to be the new naval Commander-in-Chief at rod,i
mouth, and that Lord Viscount Ingestre is to be the bed
captain. Sir John Talbot is one of the most distingui.s".4,
officers in the service. His gallant capture of the Itivoll!.lot
when in command of the Victorious, is one of the brighttit-
pages in the naval annals of Britain.—Hampshire

SeC!
MURDER OF AN INFANT.—Great sensation has beense ero
at Harnage Grange, in the parish of Cound, and for !ale
miles round, in consequence of the body of a new-bON
infant child having been found in a pool belonging t°d oa
Cleeton, wrapped in an apron and a piece of calico, an, its
examination of the body it appeared that it had come ty03,0
death by unfair means. Suspicion fell upon a young w°
named Martha Danks, who had resided with her father oad,
mother, at Hughley, since May last. By the evidence red
duced before the coroner, John Hinton, Esq., it apPefitbe
that the girl had gone home pregnant, and, on Friday,
14th of October, a neighbour of Danks's noticed thather?
looked very ill, and asked what was the matter with ',go
She replied that she had got a bit of a cold. The inquesAtboo
adjourned twice, in order to obtain more evidence. "floe
fourteen or fifteen witnesses were examined. The C°r(itlie
summed up the evidence with his usual perspicuity, 813, rtba
jury returned a verdict of " wilful murder" against o'Bl to
Danks.—The prisoner was then committed to our 0°
take her trial at the next assizes.--Salopian Journal.

pendent

1,t0r5
INSOLVENT DEBTORS' ACT.—The new insolvent De,'-'oees
Act comes into operation on Tuesday. It contains be
enactments, framed with the view of enabling debtors,,too.
relieved from their difficulties without the necessity 0'1; be
viously going to prison. The proferred boon can no" st
conferred on those whom misfortune has made insolvent64/ill
least such is the spirit of the measure. The app .c. r n tsor g
.
have, on public examinations, to satisfy the commissio
that they have become indebted without " any fraud or ghrose
and culpable negligence." There is an ambiguity as t 0 t-ssll
who shall be considered within the meaning of traders rod,
non -traders. Traders, whose debts are under £3o3f tOl
petition ; and non-traders, notwithstanding the elte7 the
their incutnbrances, have liberty to avail themselves ea or
provisions. Public notice must be given of an intende„ossl
plication, and in the petition the party must state a Preroo S
for the payment of his debts. On the filing of the Petit ,1,,, or,
protection from all proceedings, either against the pens ",„ el
property, is given, which is to continue until the bear nt's!eo•
which at least one mouth's public notification must beig
The property is, however, previously possessed by Welost
signees, and, before a final order is made, the apPlicaDtil. hi°
show that be had "reasonable assurance" of paying 3 Part''
debts when be contracted them, which debts, with all eti.
colors, must be set forth in a schedule annexed to tbe,Poiee
tion, Future property is rendered liable, but not to be Ltios,
until an order made for that purpose. By the 12th secheipg,
the final order may be rescinded at any period on it "..e or
proved that the petitioner had not made a full disclosne'tiog
his affairs, or had neglected to give information resPe_ept
any subsequently-acquired property. There is no enactwor,
respecting cases in which the debts may be satisfied• _llor,
tiers are to be made and confirmed by the Lord Chance
ugh
These orders have been delayed for some time, though
anxiously expected. The act is to be carried into oper.- the
by the Court of Bankruptcy, and the commissioners
country. The general impression has been that the busp.'di.
of the Insolvent Debtors' Court will be considerablY,,,re
minished by this measure, as many persons who would k,
come before that tribunal will petition the Court Of•_lsitsilious
ruptcy. But petitioners will have to prove the prop taken
mentioned, in default of which their property will be or
for the creditors, and they will be denied a final order'tbe
which order if improperly obtained will be annulled sn''pee,
creditors restored. eircumste
former however, rig fists q
uoiftethcleear, that on filing a petition all Pr°ce,or•
ins on account of debts shall he stayed until the aPP'
ance of the debtor in court.