New-York daily tribune., 1857-04-16
MURDEROUS CONFLICTS IN AMERICAN SHIPS
CROWN COURT.

Before Mr. Baron MARrIS
Henry Calling, John Lewis and John Caswell not
in CUSTODY were indicted at the Northern ASsizes,
Liverpool for the manslaughter of Il man named
George. second count charged the prisoners with
the manslaughtcr of person unknown.
The circumstances of this case were not only OF a
very melancholy character but were also remarkable,
inasmuch M they raised nice question rs to the uris
dictiOn Of the Court. The deceased, ~ho rTs f.r-
egner had died two days after the vessel reached the
port Of Liverpool but ne HowS and H-ht~''c~
L.ch had caused his dtafh had Gtcn inflicted by the
prisoners (tro Of rhom Amc,7cdHs) on bo0rd ot
an american ressei carrying an Amcr'con fag,
and upon the high seas a case, similar IN some
respects was tried here before the same learned
Judge at the Spring Assizcs of ,S56, upon q
verdict of mansaughter which had been returned
by Coroners jury against m American named
Connolly, for killing seaman ia subject of
Great Britain board an American ship and. in
consequence of some doubt expressed by his Lordshp
at the trial to the jurisdiction, correspondence
which had taken place with the Secretary Of State
and the law officers of the Crown was read the sub
stance of which was that they were of opinion that
Connolly liable to be tried in this country on
charge of manSaughter. and that he ought not to be
delivered up to the American Consul for the following
reasons:
- Because the oaense which had been committed
within the jurisdiction OF courts and might be tried by
BY the 9th and 7h ol Victoria chap 76 upon which the
power surrender American subjects rests msussughter Is
place BY the above statute eject given 70 treaty between
bc Britannia Majesty and the United States Of America ana
BY Article lott was agreed mutual requision that s
offenders charged with murder assault commit murder
piracy arson robbery forgery committed within the
S'iG %n cbcT teI@ry should be diyca dp to ar
The trial of Connolly ultimately proceeded aud the
prisoner was found guilty; but, owing to
sually mitigating circumstances the prisoner, after
undergoing very slight sentence was discharged
Mr.. Aspinwall and Mr.. Preston appeared for the
prosecution, and Mr. Monk defended Calling. The
other prisoner, Lewis, was undeiended.
The learned counsel in opening the case, stated
that the prisoners were indicted in that Court under
the authority If the Sh section Of the 9th of George
". chap. g. and il appeared that the deceased hal
shipped at New-IOIk on the 2lst Oi December last
an ordinary seaman on board the Guy Mannering of
which John Caswell second mate. Henry Catling
thiid mate, and John Lewis boatSwsin. The GHy
MonAcring tc0S an AUtcrfcGH rcSSc' aud 60uRd tDr
LircrpoR: and irifhH a day or ire after NE rc>si
had Satd Tie fco prisoners az ttc bar and he second
mate commenced sysfcm 2t co"'4.cd assaults anil
Wtrcaimct fordrd the urto'tHHoc deceased, p0Ttca-
a,lv L,ni> Sometimes the poor lad was beaten over
the head and body with ropes and behaving pms; nj
other time, he was kicked upon the head and face and
dragged out OF his berth, and upon one occasion ms
legs and feet had become swollen that IT became
necessary 10 cut oft his boots. This state OF things
lasted until the arrival OF the vessel when the deceased
was 20 helpless and i'll that he could scarcely see or
walk and two days after his arrival III Liverpo"i he
was taken IT, the hospital where he died three hours
after his admission. He was u healthy young man
about eighteen years old, az the time he shipped IL
appeared That Caswell, the second mate had been
mainly instrumental in promoting the death of the de-
cersed the othfr two particularly the boatswain ha,
lng actcd under ms express direction; and upon Mr.
Monk submitting that the evidence was insufficient Ia
support the charge agains. his client.
liz I.ordship directed an acqutal
Some further evidence was then offered ending with
that cf the surgeon 10 the hospital who described the
diving state OF The deceased man al the time lac was