The Liverpool Standard and General Commercial Advertiser. — 1843-09-05 (Liverpool, Merseyside, England)

MANSLAUGHTER.-COLLISION.  Samuel Lloyd, 43, was indicted for killing and slaying William Johnson.  Mr. Blair 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, the 4th of August last, she left the pierhead on one of her usual trips, and after she had been away from her moorings about a quarter of an hour, was off Coburg Dock entrance. The tide was about half ebb, and running down rapidly. It was the practice for the steamers to keep in shore 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 Hole and the entrance to the Coburg Dock, steering inwards and then outwards; she followed the bend of the wall, when a boat called the Rc:olator, 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 Magazines, and two other persons. Her head was to the wind, which was W. by N.W.; 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 immediately 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 convicted of manslaughter. Here he had a knowledge that these small boats were constantly coming 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-examination, 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 running against the pier; that there was an error in his judgment 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 blame. The jury said it was an accident, and acquitted the prisoner, under his Lordship's direction.