Offence: Deception > perjury
Punishment: Imprisonment > newgate; Transportation; Miscellaneous > fine
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315. (1st. L.) John Commings was indicted for wilful and corrupt perjury, on Dec. 1st , at the last Admiralty sessions, at the Old Bailey ; in his evidence upon the trial of captain Richard Broad , for the murder of Thomas Scott .
Joseph Gurney . I attended at the last Admiralty sessions, and took down, in short hand, the trial of captain Richard Broad . The prisoner at the bar was principal witness against the captain, who was then tried for the murder of Thomas Scott . The prisoner deposed that he was a formast-man, on board the King David, that captain Broad was then first mate, and Scott fourth mate. That he saw captain Broad knock Scott down twice with a blunderbuss, near the windlass; that then he struck the cock in his breast twice; that he then punched him three or four times with the butt end, into his belly; and then turned the mussel of the gun, and struck him in the belly; that Scott died in less than 24 or 28 hours. That he had no assistance, but lay where he fell; and that Wheeler and Osgood were there and saw him. That he really believed the blows were mortal at the time they were given; and that every one that was there thought so too. That he asked captain Broad to let the surgeon bleed him, he said d - n you, you bouger, if you be not quiet I will serve you in the same manner. Upon his cross examination, he said, it was between four and five in the afternoon; that it was
Q. At the time Scott died?
Osgood. Yes; Captain Patty went out master about the 12th of February; and Broad, chief mate; I went out gunner.
Osgood. He was fourth mate of the vessel.
Q. What was Commings.
Osgood. He was before the mast.
Q. What did Scott die of?
Osgood. A fever, and ulcers in his legs.
Q. You was on board the ship the thirteenth of July 1769?
Q. And you heard Commings gave evidence here in December, he says you was by and saw it. Did you see Broad knock down Thomas Scott with a blunderbuss?
Osgood. I never saw any such thing.
Q. Did you ever hear on board the vessel that he had been knocked down with a blunderbuss?
Q. Nor never saw him knock him down with a blunderbuss?
Q. Nor never saw him strike him with a blunderbuss?
Q. Did you ever see him punch him with a blunderbuss in the belly or any other part, or strike him with the muzzle in his belly?
Q. Was you on board when Scott died?
Q. Or did you ever hear it from any other of the crew?
Q. What did he die of?
Osgood With a fever, and ulcers in his legs; they were occasioned by the disorder of the country: we all had it.
Q. Had you any conversation with Scott?
Osgood. Yes, every day, he lay sick upon the deck. We had no place to put him in under deck; he lay upon the deck where we all laid.
Q. You never heard Scott complain of any ill treatment from Broad?
Osgood. No, never.
Q. Was you with him at his death?
Q. How long before Scotts death had you any conversation with him?
Osgood. It might be four or five hours.
Q. Whereabouts was it that Scott died; where was the ship at that time?
Osgood. Within forty or fifty, or sixty leagues before we made Jamaica.
Q. Do you know whether there was any application made by the defendant to Broad, to let the Surgeon bleed Scott?
Osgood. I know of none.
Q. Where did the vessel go to afterwards?
Q. When did Commings leave the ship?
Osgood. I believe about the eighteenth of July.
Q. Where was the vessel at that time.
Osgood. In Kingston Harbour.
Q. Did you see any thing of Commings after he left the ship.
Q. Do you know where he went?
Osgood. I heard on board a man of war; I was on shore at that time.
Q. This man swears he saw Captain Broad knock Scott down with a blunderbuss, punch'd him with the butt end in his breast after he was down, struck the cock in his breast, and punched the muzzle in his belly; and he died, first he said, in less than twenty-four hours; afterwards, in less than forty-eight hours; and that you was there and saw it; now the question is, is that true or false?
Osgood. False; I am certain of it.
Q. The prisoner gave an account on the last trial of Broad's knocking him down with a blunderbuss; do you know any thing of such a blow being given by Broad?
Q. Do you know what Scott died of?
Osgood. I imagine a fever; I was upon the deck generally.
Q. For the last three days before Scott died, was you upon the deck?
Q. Do you know of his being struck and punched with a blunderbuss by Broad?
Osgood. No, I may venture to say there was never one made use of in the whole voyage in that manner.
Q. You was second mate?
Osgood. Yes; I had a peculiar care of the arms and arm chest.
Q. Did you hold any conversation with Scott for two days before he died?
Osgood. I saw him frequently.
Q. Did he ever complain of the ill usage of Broad?
Q. Do you remember Commings's coming back to the ship at any time?
Osgood. Yes; he came back in the King's long boat.
Q. Was there any relation made then of this murder?
Osgood. I heard none.
Q. And you was on board when he came back?
Osgood. Yes; it was the King's long boat he came back in; neither he nor any other person complained of this murder.
Q. Can you say whether or not Scott died a natural death with a fever, or was killed by any blows from Broad or any other person?
Osgood. I believe he died a natural death; and as for a blunderbuss I am certain it was never made use of in such a manner in the ship.
Q. Was any violence made use of to Scott?
Osgood. I never knew or heard of any.
Q. Do you remember she defendant's coming on board your ship at Jamaica?
A. I do not; because, being commanding officer, I am seldom on board.
Q. Do you remember seeing him on board?
A. I do not recollect him; from the multiplicity of seamen under my command, I cannot recollect him.
Q. Do you know of any man's telling you of the murder of Scott at Jamaica by Capt. Broad?
A. If such a complaint had been made to me I should have put him into custody there, and had him tried by a high court of Admiralty there; he never spoke a word to me.
Q. You can be very certain that this man never mentioned it to you?
A. I do not know the man; I am certain I never heard it from any man.
Q. He says he repeated it to you coming home.
A. I never heard of it.
Mr. Miller. I was a principal owner of the King David; I know the prisoner at the bar.
Q. Do you remember his coming to Bristol after having been upon the coast of Calabar?
Mr. Miller. On the latter end of September I was in my counting house; the prisoner at the bar, together with another sailor, waited upon me to demand their wages for their service on board the King David; at that time the ship was hourly expected; it turned out afterwards she waited for a freight, I asked if the ship was come in; he said, No, he came home on board the Preston man of war. I said, Have you deserted the ship? I turned to Captain Broad 's letter, and found that he was put down in that letter as entered on board a man of war. I said, You are a pretty fellow to leave the ship at such a time, after so great a mortality, and put us to straits to navigate the ship; for we buried, I think, upon the coast of Calabar and to Jamaica seven or nine and twenty white men of the crew. The original crew was about forty, and about two hundred and seventy-seven negroes. Commings said, they left the ship for bad usage; that there was no such thing as living with Capt. Broad, and also from his predecessor Capt. Patty. I said, As to Capt. Patty he might be a little severe; he was remarkably rough in his disposition, but as to Broad, I have known him many years, and looked upon him to be a different sort of a man, however when he comes home he must answer for himself: and as to your wages, it is impossible to settle with you, till I see how you stand on the ship's books. They went away; in two or three days the prisoner and the other man returned again and brought their landlord. They repeated the same demand; I gave them much the same answer, and said it was impossible for me to settle with them till I knew how they upon the ship's books, I was apprehensive they had forfeited their wages, for agreeable to that made, if a sailor does exceed forty-eight hours after a sorting from the other ships before he eaters on board a man of war, he forfeits his wages; they said, they had not forfeited it; they said I would not pay that wages they should. I would accept their power of attorney I said, I would not put them to the and expence; if they would would pay them when the ship returned which they were very thankfull. in particular, said, God bless your honour they took their leaves; I called Commings in, in order to enquire the occasion of our misfortunes by the mortality in the ship; he told me the reason of it was, they had been a long voyage about twelve months upon the coast; that they had contracted disorders, and likewise for want of the doctor, that that brought on distempers. I said, I was very sorry to hear Captain Broad behaved in that manner; I looked upon him as a different person. Sir, says the prisoner, if I may speak the truth, I never was ill used by captain Broad in my life, nor never saw any thing by him, but what was humane. I asked him, if he was not a d - d rascal, that the last time he was with me, he gave me for the reason of his quitting the ship. The ill usage of captain Broad, he said, Sir, what I said was false; we must say something to make our story good.
What I swore in my first examination, I told the truth is true; and the second time of my examination some of captain Broad's
Guilty , I . and T .