The Sun. — 1851-09-11 (London, England)

TRIAL OF W. HENDERSON. SEAMAN OF THE BARQUE MARY RAY, FOR MURDER.  (From the Penang Gazette, June 21.) On Wednesday last the court was occupied with the trial, which lasted upwards of four hours, of W. Henderson, a seaman lately belonging to the barque Mary Ray, Ellwood, master, of Liverpool, who was arraigned for the wilful murder of his shipmate, John Murray, on the high seas, on the morning of the 6th of May. We give a brief outline of the facts as they transpired during the trial. On the morning of May 6 the deceased, John Murray, was relieved at the wheel, and land being in sight at the time, he said generally, " That is Plantain Island." Prisoner said, " I believe you know nothing about it." Murray then replied, "I am not alluding to you, mind your own business." This was followed by several angry recriminations on both sides, ended finally in a scuffle, and Henderson striking the deceased with his open hand on the face. Henderson then went to wash his blankets, and Murray went aft to the quarter-deck to complain to the chief officer;. on his return he sat down at the windlass with a shut knife in his hand; Henderson was still washing his clothes, and was about seven paces from the windlass. Some aggravating words again took place between them, and Murray said to Henderson, " I will scatter your brains about the deck," After Henderson saw that Murray had the knife in his hand, he rushed into the galley, and said to the deceased, " If that is knifing duel I can use one too," and returned from the galley with an open one. Murray was still sitting on the windlass, and Henderson laid the knife down on the hogstye in front of the galley. Murray then made a rush towards Henderson, and a scuffle ensued. A scream was heard from Murray, followed by his saying to Mr. Ellwood, "Oh, sir, I am stabbed to the heart ; ' he then dropped down and expired within one minute and a half after. Deceased was wounded right in the centre of the breast; and also across the ribs on the right side. Prisoner had two wounds on his right arm. During his examination Mr. Ellwood stated to the Court that he must attribute the tragic end of the quarrel to the highly reprehensible conduct of his chief officer, who, had he adopted precautionary measures at the onset, would have saved the life of his fellow-creature. This remark met with the entire approval of his Lordship, who admitted that the observation was a very just and proper one. The Learned Recorder animadverted in very severe terms upon the chief officer's behaviour, remarking that it was quite apparent that there was a great dereliction of duty on his part, in not having used his interference in the matter, when the deceased applied to him, in the first instance, for redress. The answer he made, when appealed to by the deceased, " that as he had separated them once, he will not do so a second time, and that they must fight it out the best way they can," clearly evinced not only a want of that manly spirit which ought to be expected from him as the chief officer of a vessel, but also that he was totally unmindful of the interests of his employers. He, by whom the master and crew must always expect that, by his supervision, the proper discipline of the ship would be maintained and strictly enforced, has now proved totally worthless of his trust; and his Lordship regretted to perceive that he was so utterly careless and regardless of his duty, as the proceedings on the trial abundantly testifies. The prisoner made a straightforward defence, and added that had the chief officer interfered at the commencement of the contest, this sad transaction would never have occurred. His Lordship then summed up ; after which the jury retired for nearly a quarter of an hour, and returned into court, bringing in a verdict of " Not Guilty of murder, but Guilty of manslaughter." The prisoner prayed for the merciful coasideration of the court, saying he had a wife and two infant children. His Lordship, in passing sentence, again censured the proceedings of the chief officer, and sentenced the prisoner to eighteen months' imprisonment in her Majesty's gaol.  The Earl of Carlisle has left Haworth Castle, Cumberland, for Scotland. his Lordship, we believe, or Sir George Grey, will succeed Lord John Russell, who is en route to town, as Minister in attendance on the Queen at Balmoral, N. 8., this week.