26th February 1866
Reference Numbert18660226-288
VerdictGuilty > unknown; Guilty > unknown; Not Guilty > unknown
SentenceImprisonment; Miscellaneous > sureties

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288. JAMES LIFFIN (23), THOMAS CARR (23), THOMAS DICKSON (32), PHILLIP PILLAGE (21), CHARLES TOPPER (23), and JOSEPH MATTHEWS (24), were indicted for that they, on the high seas, on board the British ship Scotland , did practically and feloniously make a revolt.

MESSRS. POLAND and BEASLEY conducted the Prosecution.

MR. RIBTON appeared for Liffin and Carr, MR. W. SLEIGH for Topper, and MR. BESLEY for Matthews.

WILLIAM CAMPBELL . I was Captain of the ship Scotland on her last voyage, and part owner of her—I held one-eighth of her—I am a British subject, and she was a British ship—she sailed from England on 1st December, 1864, with a crew of twenty-eight hands, bound for Calcutta—the arrived in the river off Calcutta, about 5th May—I discharged most of the crew there, and took in a fresh crew at the time of my sailing—a few of the old crew came back with me—we left Calcutta on 1st July 1865, about 10 in the morning—we were tugged down the Hoogley—I got clear of the Sand heads on 7 th July—on that day the tug left us—on that day I met with an accident—I got my right leg broken by the steam-boat's hawser—I was taken and put on a stretcher on the poop-deck for that night—I laid there seventeen days and seventeen nights, till my ship was taken from me—sometimes with an hurricane house over me to keep off the rain—my leg was set by Liffin—I told them to put splinters on it—the carpenter and a boy assisted him—on, I think, 8th August, Dickson and Carr came aft, where I was lying on a stretcher, on the starboard side of the poop-deck—they looked at me, and said, "Are you going to give us rain-water to drink?"—I said, "No, I don't drink rain-water myself and don't wish you to drink it"—I ordered the apprentice boy to serve out the water then, and said, "Give each man a gallon a day, in place of three quarts"—Liffin said, "That is all right, there is another thing I want of you"—I said, "What is it my man?"—he said, "I want my pound of bread"—I said, "There is no restriction on the bread, you are entitled to it, I will give orders for that to be done also; you are entitled by my orders to a pound of bread, but I don't

think it is that, you wish to annoy me, I wish I had my legs to stand on"—Carr looked at me and said, "You b—, if you had your legs to stand on, you would see fun"—I said, "You are a bad man, or you would not do that with me in my helpless state"—as they went down, Carr turned round, put his tongue out of his mouth, and said, "How can you help yourself"—they went forward, and in consequence of what the chief-mate said, "I sent for Dickson, and asked him his reason for knocking off duty—he said, "You have commenced to work with that book"—I said, "What book?"—he said, "That official log-book"—I said, "The law commands me to put all official entries of misdemeanour into that book"—he said, "If that is it my work is up"—I said, "What do you mean?"—he said, "I shall do no more work," and went away—a further report was made to me next day, and I sent for Pillage, Topper, and Matthews—they came to me on the poop, and I asked them the reason they knocked off duty—they would give me no reason, but stood and laughed at me—they went away, and did no duty—they were not on deck—they would have been at the wheel, or doing something if they had been at work—that state of things continued eight days—the ship was sailing short handed of men—at the expiration of eight days, one or two more knocked off, and I saw they were dissatisfied—they were not able to work longer on account of the others knocking off—there was a ship to leeward, and I had myself raised and put my glass up, and saw that she was the Pride of England; she had a flag flying to ask what ship I was—I told them to put up the signal, "Can you render me any assistance"—before that, I had asked a man named Smith, who I was going to take home as—a distressed seaman, but had given 1l. a month wages to, what were his reasons—he said, "Things seem to be bad on board the ship, and there is dissatisfaction—I said, "Smith I will cause you to be put in confinement, that you do not get among them"—I said to the carpenter, "Take him, and put him in confinement"—he ran off, and an hour or two afterwards the whole body of these men made a rush on the fore part of the poop—they had belts round them with sheathknives stuck in them, which I had never seen before—I had it distinctly entered in the articles, that no sheathknives should be worn—I stared when I saw that, and said, "What do these men want?"—he said, "They are going to take the ship"—I said, "What for?"—he said, "I do not know"—I said, "Do not let them take the ship"—the signal was flying for assistance, and Carr came and looked down on me—I said, "Carpenter, watch him"—he came round behind me, and I saw him come round again—he went to the starboard side of the wheel, pulled the man away from the wheel, and Dickson took the signal halliards, Liffin turned round to assist Dickson, who pulled him down, and dropped them—Carr put the helm hard a-starboard, and they pulled up the main chains, and took the ship—I said that if I had thought I should have had my ship taken from me, as a British subject I would have lost my life first, if I had had my legs to stand on—Carr got possession of the wheel, and steered away northward towards the bay of Bengal—the other men pulled away the yards and braces, and obeyed the other men's orders—there were twenty-eight in the crew, including myself and the officers—the prisoners were the ringleaders—I am not certain whether they are all able seamen—I think one was under the wages of another—twenty-six was the ship's compliment; the number was twenty-eight, and we had three passengers—there were thirty-one on board—they would not obey my orders or the mate's, they entirely took the ship—the mate and carpenter carried me off the deck, in case I might be put over the side—up to that time, I had been on a stretcher on

the poop, seventeen days and nights—they kept the ship on that occasion about eight hours—I sent the chief officer to plead with them to give up the ship—during that time our course was backwards, up the Bay of Bengal—at the end of the eight hours a Frenchman came and said, that if I would take the ship to Madras, they would give her up; but I said I would rather go to Mauritius—none of the prisoners made that proposal to me, but they gave up the ship when I promised to take her to Madras, but they would do no work, but pull the braces—when I got possession of the ship I made the best of my way homewards down the Bay of Bengal, I went on from 13th to 18th—the prisoners were then doing duty, but not actual duty—I was in the cabin, but was so hot that I made them raise the stretcher up on the saloon table, and place a compass there, and a pencil and a watch so as to take the course—I had a commanding view of the deck, to see whether the men did their duty or not—on 19th August, the chief mate came down and told me something, at about 8 o'clock or noon—the ship's course was entirely altered then—I had not given orders for it to be altered, and I told the mate to go on deck and remonstrate with them—that went on till Monday the 20th at 8 o'clock at night—the ship was then in a disabled state—they had crippled her so that they could not go any further with her, through their recklessness; part of the fore-top-sail was gone, and we could not go further—I watched the course the ship was on, and found she was about forty miles to the westward of the Andaman Islands, broad-side on; the nearest reef was about thirty miles, and a lee shore, going right towards it, the ship was in danger—I had a communication with the chief officer, and got possession of the ship again—before they took possession of the ship, Liffin and Carr came into the cabin about half-past 7, or twenty minutes to eight, Liffin said, "Do not be frightened"—I said, "I am not frightened, will you give me the ship? If I have done you any harm, let me know of it, and I will apologize; you are taking my life by inches, if it is my blood you are thirsting for, take it at once, and give the ship up to the officers"—they said, "We will give the ship to you, if you will destroy the official log-book"—I said, "The laws of my country will punish me for a misdemeanour, but I will give it to you, and you can lock it up, you can send it to the Board of Trade after we get to London, I shall say nothing about it"—they said, "No, if you destroy the official log-book, we will give up the ship; and you must sign a document that you will net speak of this affair when you get to England"—I said, "I will speak to nobody but my owner, I must tell him what has happened, but if you will behave yourselves, I will do all I can to get you forgiveness, and my word will go a long way towards getting you forgiveness"—they still wished me to destroy the log-book—I looked at it, and found so many pages on the right side, and so many on the left, and said, "If I cut these away, will you do it?"—, they said, "If you tear up the pieces"—I said, "Will you be satisfied?"—they said, "Yes"—I tore it up, and offered them the pieces—they said, "No, we will not touch it, give it to that boy"—I did so, and told him to put it out at the stern window, which was done—this is the official log (produced), the leaves torn out contained entries of these matters—I obtained possession of the ship again on the 20th, and put her on her homeward course, but things did not go on smoothly, they would not set sail for the officers—I gave orders to the officers, and the sails were not set—these men, when off the Cape of Good Hope, looked down at me and said, "There the old b——r lies"—I said, "Cannot you put those fellows away, they are looking at me as if I was an alligator"—it blew a gale there—I was en crutches, and the gale came on so quick that I could not get the sail off,

without losing the masts—I could not go along the deck, but I stood and could see these men go to the forecastle door—all hands did not come up—the port watch did not come up—Carr, Pillage, and Matthews were some of them who did not come up at all—we had to run before the wind for the safety of the ship, or the masts would have gone over—we then went on to. Ascension, and I there made a report to the Commodore—I tried the men again—I mustered them all on the poop, and the mutinous disposition was still in them—they were sent home as prisoners on board a man of war, and I went into the hospital, and after recovering my health came home by a steamer—the value of the ship and cargo was from 80,000l. to 100,000l.—she has got home, but I don't think 8, 000l. will put the ship right.

Cross-examined by MR. RIBTON. Q. Did you take the crew from London merely to go to Calcutta? A. No, to go out the voyage and home—the same crew did not return with me; I paid them off as they wanted to get paid off—the times were not very good in Calcutta, and if situations could be got, you cannot keep men on—they signed articles to come home with me, but it is quite customary to be paid off—they wanted their discharge, but I would not give it them, and they committed themselves and were taken before a Magistrate by the police, and I paid them off—they refused to come back with me in the first instance, and wanted their discharge—they did not complain to me of my conduct to them, or to anybody that I know of—I swear that, because my strict orders are to give no man insulting language, and to take none; every man to his duty—I have sometimes brought back part of my crew, and sometimes all—I cannot say how many times I have brought all back—I have been thirty years at sea, and have been twenty years in command—I have made far more than twenty voyages—I have brought the whole of the same crew back a great number of times, and even men who have been in the ship, would have been glad to go back with me; men who are in London now have been to me to know if I could take them back—they are here now, and are witnesses in this case—the carpenter was one who came back—twenty-nine went out, and six or seven of them came back—the first or second mate did not come back with me—I paid them off—I paid the second mate off for theft—the other did not refuse to come back with me, but I found out their theft, and gave them their wages to go away—I charged them with theft in Calcutta—I told them they had committed theft on board the vessel—I brought proof and they did not deny it—that was before I discharged them—the theft was not entered in the log-book, it was done in London, in the Docks—of the crew who went out with me, fourteen or fifteen of them were in gaol in Calcutta for refusal of duty—I would not give them their discharge—I did not wish to discharge men to be a burden on the government of that place—they would not work—I took them before a Magistrate, who advised them to go on board the ship and perform their duty—they said they would not, and he gave them imprisonment—I afterwards saw the Magistrate, and asked him if he would let me pay them off and ship another crew—he said he had no objection—I have discharged some other crews in the same way, which I have taken out, and some I have not—if men come on board drunk, you hoist a signal, and a police-boat comes and takes the refractory men away—none of the men remonstrated with me before I broke my leg, and told me I might be injured by the hawser—I was not drunk; I was never drunk in my life, unless it was one New year's morning when I was a child—I was as qualified for my duty as I am now—I was not drunk on the voyage out, or the voyage back—I know what Saugster said in Calcutta, and in the river—if he said before the Magistrate that he had seen me

drunk three times, it is not true—I had no quarrel with the pilot who piloted us out of Calcutta, but he got the ship aground, and I said, "Pilot, be careful, if you do that again, I will send a telegram to the master, and have you turned out"—it was not in consequence of my interference that the ship went aground—I swear that—the steam-boat which was towing us, and which broke down, ran into the Atlas—the pilot ordered the helm to be put about—I did not order it to be put the contrary way—the rainwater was not collected to my knowledge from the poop on which I was lying—there was no occasion for it—the water we had on board was taken from the river Hoogley—that is the water which is always taken on board—I never heard any objection to drink it—I have always had it—the Hindoos used to throw their dead bodies into it, but that is all done away with now—I drank of the same water, and eat of the same provisions as the prisoners, and if I did not like bad water myself, I should not wish them to drink it—I said when they took possession of the ship, that if the I carpenter would hold me on my legs, they should not take the ship before they shot me—I never threatened to shoot them, only when they took the ship—I never used bad language—I never asked them if they could use pistols, but they had pistols, and some had revolvers, which will be produced.

Cross-examined by MR. BESLEY. Q. Were yon taken to the cabin on 13th August? A. Yes—I did not remain there till we got to Ascension—I was creeping on my knees before that—I was not on deck between 13th and 19th August—on the 19th, I was lying on the stretcher in the cabin—I had not at that time given the men the impression that the course was for Madras, when the course really was for England—there was no other way of going to Madras but that way—no objection was made to the course I was taking—they would not allow the ship to go that course—they did not say I was deceiving them—Liffin and Carr were the men who came into the cabin—Peterson, the mate, also came down, and Henry Martin, the boy Sommerville, who is dead, and the boy Connerly, who is here—those are all the persons who were present in the cabin when the discussion about destroying the official logbook took place—I then said that if I had done them any harm, they had only to mention it to me, and I would apoligize to them—I was in the cabin when I used the word apoligize—they said they would draw up a document, if I would sign it; and after I got my health, I went to them and said, "If you will send me that document now, I will sign it"—I did not say that I was part owner; no one on board the ship knew that, and the interest I had in this ship is entirely gone through these people—I tore the leaves out, and gave them to the boy Sommerville to heave out at the stern window—I was not in the ship at the time he died—it is not true that a complaint was made to me by his surviving relatives—I saw his father on my arrival, and since, but he has never complained to me—when I was in the cabin, I told the mate that he had entire charge of the working of the ship—my apprentice used to take sights with my chronometer; he was brought up to it—the articles which the men signed for their voyage out and home, are in the shipping-office—they are returned to the proper office—they are for three years generally—the wages I paid were decidedly higher than those of the able seamen, and of the second mate who I discharged—a man's wages are not forfeited on his discharge—I do not know that I could insist on the forfeiture—I did not insist on it—we cannot keep the wages; they would have to go to the Board of Trade—if you wish to get rid of a man in Calcutta, you would be obliged to provide his passage home—you cannot discharge men without the sanction of the shipping-master, not even if you provide funds for their

passage home—I did not make any memorandum on the articles of the theft which I charged the two mates with—the best way is to pay their wages, and let them go.

Dichon. Q. When the ship went ashore in Calcutta river, was it not through the capstan getting over the windlass? A. No, because the ship had two anchors—she was in the hands of the pilot, not in my hands at all—I had no business to open my lips—I did not try to take her out of the pilot's hands, but I called a number of times to let go the starboard anchor—I did not threaten to comb the head of the second mate with a birchbroom, or to heave the pilot overboard; be would not have stood any such treatment from me—I did not telegraph for another pilot, but I would have if I could—the signals were not hoisted for that—my agent signaled unintelligibly—I hailed a pilot barge for another pilot—I think it is the duty of the master, if the pilot is not doing his duty, to send for another—the latitude of the ship is entered in the log on 19th August—it was 10°13' off the equator; longitude 89°17' east—on 20th we were in latitude 12°47', longitude 88° 14' east—on 21st, the latitude was 13°45', and the longitude 18°16' east—the Anderman islands are a long way to the east of Calcutta—you were running the ship directly ashore—I did not threaten on the night of 27th July to put a cable round the pilot, never.

Pillage. Q. Did not you say you would see who were sailors when you got us into blue water? A. Never—I never threatened to shoot you—I did not tell you to go and hit the pilot between the two eyes.

MR. POLAND. Q. When your leg was broken, did you take charge of the ship? A. I told the chief mate to attend to the working of the ship, and I would attend to the navigation—I kept the official log, and the ship's log was kept by the mate.

JOHN PETERSON . I was chief mate of the Scotland—I joined her in Calcutta—I had left my former ship, the Como—I recollect the captain's leg being broken, and the ship's going out to sea—some days afterwards the prisoners and two others, Ritchie and Perkins, refused to work—Ritchie is dead—there was a complaint to the master about the water, and they had different water served out, in the afternoon, to the water they complained about in the morning—I kept the ship's log—the exact date when they refused to work was 4th August—I made entries in the log day by day—on the 13th there was a vessel in sight, and a signal was hoisted for assistance—I recollect the captain threatening to put Smith in irons—when he did that, the crew came aft, and took command of the ship—I cannot say which of the men pulled down the signal, but I saw Liffin on the starboard side, where the halliards were—I had no authority as an officer whatever—the vessel was put about north-west, on a different tack, and was in the hands of the crew about an hour—the captain then told me to go up and see if I could agree with the men that he should put into a handy port—I went up and spoke to all the crew, including the prisoners—I told them that the master said he would put into a handy port, if they would give her up, and the handy port would be the Mauritius—they said they would not go there, they would go to Madras—three or four of them spoke, Liffin, Carr, and Dickson—I reported that to the master, who said he would go to Madras—I reported that to all hands, and they then gave up the charge of the vessel, and we put the ship on the other tack again—they obeyed the orders relative to the working of the ship, but nothing more—they would not clean the decks, or work about the rigging—I cannot say what gave occasion for hoisting the signal—the captain gave orders to the apprentice, Sommerville—I know now what the signal was.

COURT. Q. Had anything caused it? A. The men made a rush aft on the port at the time he hoisted it—I believe he was signalling to the ship previously—he knew the master—I believe it was the Pride of England—he ran up a signal, "How is the master of the Pride of England."

MR. POLAND Q. You say that these eight men refused to work from the 4th to the 18th? A. From the 4th to the 13th—on the 13th, five other men came aft, and complained that they had not sufficient strength to work the ship—it was after that that the signal was hoisted—the captain had command of the ship from the 13th to the 19th, and the authority of the officers was obeyed by the men till the 19th, when the whole crew, at 8 o'clock in the morning, refused to set the sails—I spoke to them about it—they said that they were not going to make any sail on that tack, as the captain had promised them to go to Madras—Richie and Carr said that—I supposed they found we were not going in the direction of Madras, which we were not—the other prisoners were all present—I informed the master that they would not make sail—he said, "Well, let it stand"—I told the men, and about 9 o'clock they came aft, and wanted to see the master, to know whether he intended to go to Madras or not—I went and told the master, who said that he could not go into Madras now—I told the men so, and Liffin, Carr, Dickson and Pillage said that they would take her in charge—they all spoke, one after the other—Topper and Matthews might have spoken too, but I cannot say whether they did, they were at work with the other men—the ship was borne round, and steered back to Calcutta—I called all hands aft, ana told them the consequences of such a step, that they would be punished, and that the captain said he would go into Port Chatham or Corn wallis, but they said they would go into no port but Calcutta—they remained in charge of the vessel till the night of the 20th; the officers having no command—I cannot tell who attended to the navigation of the ship then; but I understand since it was Sangster—the captain shewed me a chart—I did not see who gave the sailing directions; but most of the prisoners had the chief command—on the night of the 30th the master sent for me, pointed out the position of the ship on the chart and told me to speak to the men—I sent the sail-maker, Henry Martin, to send two of the men aft, and Liffin and Carr came aft, and bad an interview with the captain in the cabin—a proposition was made to give up the ship, and they went back to consult the rest of the crew—what the captain has said is a correct account of what took place I was there when the official log was destroyed, and the ship given up—I made entries in the ship's log every day of what occurred—the official log is read over to the officers, and I sign it—I had signed the leaves that he destroyed—these are my entries in the ship's log—I had the same water on board as the men drank—there was a filterer there—it is not usual to water the ship from the Hoogley now they get it from ashore.

Cross-examined by MR. RIBTON. Q. Was the water the captain drank filtered, and the water the men drank unfilteredf? A. Yes—we sometimes got ours filtered, and sometimes not—that made a considerable difference—the water in the cask was not fit to drink—some ships take it from the Hoogley, and some do not, as the Hindoos throw their dead into that river—the men had water from the tanks that had been filtered through casks—it was some contrivance of the captain's—he used to fill a cask, and let it settle—he ordered these men water from the poop, and these men complained of it, because the captain was lying there, and committing a nuisance, over which the water came off the poop—it washed along each side where the captain was lying—there was a cask on each side of where

he was lying—I did not notice whether the pecultices he used were lying about there—I have seen the captain drunk—I have heard him say that he was never drunk since he was a child—I saw him drunk on 27th July—he was in the habit of using strong language when he was drunk—one morning, off the Cape, he spoke to Carr, and said, "If I had a musket up here, I would shoot you"—the men were willing enough to obey me at times, all they wanted was to get into some port, and I reported that to the master—they did not say they were afraid of the captain's violence, if he got on his legs again; but it appear's that that was the reason they wanted to get into a port—the captain used to use very strong language—when the Atlas ran into us, the pilot ordered the helm to be put one way, and the master came up on the poop—I was on the forecastle—I do not know what he told the men to do, but the collision took place at that time—I have had no words with the captain, but he always used very strong language towards me coming home—I have heard him abuse the third mate—I have not heard him threaten to shoot him—he called him a big b—, and all those sort of words—he did not get any drink, that I know of, while he was lying on the poop—Liffin set his leg.

Cross-examined by MR. W. SLEIGH. Q. Do you remember Liffin taking any part in what was going on? A. He was about the same as the rest—these sheath-knives are used, but not worn by sailors.

Cross-examined by MR. BESLEY. Q. Did you ship at Calcutta? A. Yes; I did not know Matthews before—I know that he is a Spaniard—he joined at Calcutta—on one occasion the captain asked me if I could use a pistol—I said, "Yes, but I do not know whether I am justified"—I did not remonstrate with him about putting Smith in irons—I made no observation—I cannot tell you hether the Scotland had spoken with the other ship before that threat—I came on deck at 8, and they had sighted the ship before that, but her name was not given then—the signal, "How is the captain of the Scotland?" was telegraphed from the other ship, but I could not read it—it is usual when a signal is sent, to put up a flag to let them know that you have seen it—I did not know what the messages were, except what I heard from the captain—I do not know whether the captain was intoxicated when he broke his leg.

MR. POLAND. Q. When you saw the captain drunk, was that when the pilot was in charge? A. Yes; I have only seen him drunk once—the threat about the musket, off the Cape, was not when the port-watch refused to shorten sail—it was when they would not set the mizen top, and Carr refused to attend to his duty—the captain then said, "If I had a musket up here I would shoot you"—that was after he broke his leg—he was lying on the poop when he used the strong language to me—the threat about the pistol was on the 13th.

COURT. Q. I do not quite understand, was it the rain-water they complained of? A. Rain-water caught from the poop in two casks—that was not the water the captain and I drank, we drank the river water—when that complaint was made a change was made in the afternoon, and then that complaint was gone—they made that complaint on 4th August—though their complaint was set right, they still refused to work the ship—they would not give any reason for that—they wanted to go to Madras, because they were afraid of the captain's conduct, and irritable language—he had threatened what he would do when he got on his legs, "on his pins" was the expression he made use of—he said, "You will see when I get on my legs what I will do"—that frightened them so that they wanted to get into a safe port—I know no other cause of complaint up to 13th November,

but the rain-water and the captain's strong language—I would not ship with the captain again, because he does not treat his officers in a proper manner—the water was changed to river water—that was not fit to drink, but the men made no complaint of it—I drank it occasionally unfiltered, but the captain did not drink it unfiltered, that I am aware of.

Q. You were twenty-eight, including the captain and crew; how came you the chief mate, and the other twenty, to allow the eight to have the upper hand? A. The others were as bad as these, at least not as bad, but they were the ring-leaders, being Englishmen—the others were five Greeks and six Dutchmen—they were all foreigners.

MR. RIBTON dated that he could not resist a verdict. The COURT considered that tough it would be impossible to justify the revolt, it would be well to prove a little more provocation.

HENRY MARTIN (Not examined in chief).

Cross-examined by MR. RIBTON. Q. Are you the sail-maker? A. Yes—I sailed with the captain from Calcutta—coming down the river, and before he broke his leg, I heard him threaten the men—they were strangers on. board the ship, but had done their work as men ought to do, as I think, and I have been twenty one years going to sea, and have been in all capacities on board ship—I cannot express exactly what he said, because he had too much talk—he did not threaten them at that time, but he told Liffin and Dixon to take the pilot, put him under the chain on top of the windlass, and let him go over with it—they would not do so—I heard him several times speak to the chief mate about combing his head with a birch-broom after these men dropped duty, they came and got their pound of bread every morning regularly—I saw Campbell on the poop when I was dressing his leg, and he said, "If I had a pistol I would blow all your brains out as you work on deck"—Dixon turned and laughed, and said, "Captain Camphell, you would not do what you say, would you?"—I have seen the captain drunk—he was deeply intoxicated when be broke his leg—Liffin and Dixon told him to keep clear of the hawser, or it would take his leg away—he said, "Don't you think I am as good a sailor as you are?" and at that time the hawser caught him, and away he went—Liffin picked him up, and set his leg—it was about four days after that that he threatened to shoot him with a pistol—I heard him use other threats nearly every day—threatening what he would do if he only had his legs under him, but he did not say what—he said, "If I had only got my legs under me, I would take those men and trice them up, and keep them there till I thought I was satisfied—I did not go out with him—Smith had done nothing when he was put in irons, but he complained of being worked up—the captain ordered him to be put in arrest, and I said, "Captain Campbell, it is foolishness of you; it is your fault—what is the use of your doing it?"—I told him so before his mate, and I told him that if he kept his tongue quiet, every man would work and bring the ship home—he then wanted us to bring the ship into port—he said in the Bay of Bengal, that when he got on his legs, he would shoot every man as they walked along the deck—the men all heard that, and they said, "Let us take our punishment in the Bay of Bengal, or in any port you like, but we will not proceed to England"—I will not go another voyage with him, I would sooner beg my bread.

COURT. Q. Are we to understand you that he was serious when he said he would shoot every one of them? A. Yes, he was serious, but he was the worse for liquor—I dressed his leg four times, and he took a dram every time—I took it seriously, but I never thought it would come to this, or I would have made a diary of it.

Q. How were you to work the ship if you were all shot? A. You must not despise, us because we are petty officers—we could work the ship as well as the captain.

ALEXANDER SANGSTER (Examined by MR. RIBTON). I was carpenter on board the ship—I sailed from London in her—I often heard the captain use bad language towards the men—I heard him threaten to shoot them after he left Calcutta—one day the men were coming down from getting bread, five or six days after we came from Calcutta, and he said he would shoot them as they went along the deck—he also said that when he got on his legs he would put them in irons, and put a gag in their mouth, and string every man up in the way he described—I have seen him string a man up—that was James Singleton.

COURT. Q. String him up with his hands behind him? A. He put him in irons with his hands behind him, and fastened him to a staple with his toes on the ground—he could not move his hands, as the irons were too tight for him—he was so from 4 in the afternoon till 6 the following morning—he was the chief mate.

MR. RIBTON. Q. Did Singleton leave him at Calcutta? A. No—he summoned the captain, but they were ordered to go on board again—the Magistrate gave them some advice, and said they had better go on board the ship, and try and agree together—Singleton did not come back with us—I have heard the captain say that Singleton used to take his spirits on the passage out—Singleton stated to the Magistrate at Calcutta what I have stated today—I was there, but was not called on—Singleton followed the Magistrate's advice—he went on board, and stopped some days; but he was anxious to get clear of the ship, and somehow or other he got his discharge—I saw the captain drunk twice after we left Calcutta—I do not know whether this affair of Singleton's was known to the prisoners—I never mentioned it to them—we had rain water to drink till we refused it, and afterwards water which was pumped out of the Hoogley—I seldom took tea or coffee, because we could not use the water; it was so thick that it would not settle, if you drank it, your mouth was full of sand and mud, and yet no sediment would form—the captain drank it after it was filtered—it was only a small filter in the cabin—it did not filterer enough for all the crew—Sullivan died on the voyage home, on the coast of Africa—the captain had made him come up at 8 o'clock in the morning and weigh out the bread to the crew when he was too weak to stand—he was suffering from diarrhoea, and fever, and ague—he made him carry the bread, and said there was nothing but laziness the matter with him—I would not go to sea with the captain again; I would die first.

MR. POLAND. Q. Was Singleton chief mate? A. Yes—he made a complaint at Calcutta, with the crew—the case was heard—the captain was summoned by Singleton and the crew who left England with us—I did not summon him—he took me as a witness with him, but I was not called—nothing was done about the seamen—Singleton was punished because he was ordered to go overboard and scrape barnacles off the ship, and he refused—I sailed with the captain out and home—I have seen him drunk three times, what I call drunk, on the voyage out, and three times coming home—It was in the River Hoogley on each occasion, and the pilot was in charge of the vessel on each occasion—we could not filter the water for all the crew—I had the same water as the men—it was my duty, and that of the men, to keep the deck clean.

MR. RIBIOX. Q. Are they forbidden now to take the water from the river? A. Yes—while we were lying there to get our water, there was a

ship called the Blue Jacket there—Her Majesty's vessel Industry was at the Ascension Islands—I do not know whether the commodore directed all the water to be taken out of the tanks and the tanks cleaned—it was not done.

COURT. Q., Did you come with the same water to England? A. We took. some water in, but it was put with the dirty water—I say that I would rather die than ship with the captain again—I did not leave at Calcutta, because I had a friend at home who I wished to see, and I thought if I could get home, I should like it; but I would sooner meet whatever comes than go out with him—he has never struck me—he could not—he would sooner tantalize a man to do things that he would be sorry for afterwards than strike him—he never put me in irons—he has used bad language to me.

MR. POLAND. Q. Has it been the practice for years past, to water the vessels from the Hoogley? A. At times from the river, it goes through a filter first, and through tanks, but it was pumped out of the river as they went down—the captain left the vesssel at Ascension, and had no charge of her.

MUSGRAVE. (Examined by MR. RIBTON). I was the second mate—I joined in Calcutta—I did not know the captain before—I have heard him threaten the men—I cannot say the date—it was my morning watch on deck—after the men had knocked off, they were coming up with bread—I was on the poop, and Sommerville, who is dead, is the only person I have to prove it—I heard the captain say that not one of them should come off there if he was on his pins, and something about shooting them, but I do not exactly know how he said it—that was the only time I have heard him threaten them—I saw him drunk once—I do not know whether he was drunk on the day when his leg was broken—I saw him on his back—he treated me badly, but only by abusive language; nothing else—I have heard since about his combing my hair with a birch broom—I heard that on board the vessel—I should not like to ship with him again—there was a filterer going down the companion-ladder, but we did not have water out of it—I sometimes did take the same water as the captain, but it was unknown to him—he had filtered water and I had it unfiltered—it was not fit to drink when better could be got—I do not know whether they are allowed to take water from the Hoogley—it was my first voyage to Calcutta.

MR. POLAND. Q. Were you discharged from your previous ship? A. Yes—the Essex—I liked the captain, but I did not like the rules—she was going to stay three months, and I wanted to get home—I had no quarrel with the captain—some of the prisoners were discharged from the Essex also—it is not the practice for the crew to leave at Calcutta; but if you want to get clear of a vessel, there are many ways of getting clear of her.

MR. POLAND to CAPTAIN CAMPBELL. Q. You have heard the last evidence; what do you say about Singleton? A. He refused duty on the passage out, I put the irons on him, and he took them off—I found them lying on the sofa—I said if he would promise to do his duty as chief officer, I would forgive him—the tears came into his eyes, and he said he would, and I should never find him guilty of it again—what he had done was this: the men were cleaning barnacles off the ship; I said that they were missing them, and not cleaning the ship's side properly, and he gave me some insolent language in the presence of others of the crew—I saw them laughing, and told him I would put him in irons, and carry him to Calcutta for breaking the discipline of the ship—he was next to me on board the vessel—the shipping-master at Calcutta was anxious to have him prosecuted, but I paid him off—there was an inquiry at Calcutta, and a complaint

against me, but nothing was done to me—I have never had anything done to me since I have been master of a ship—I did not threaten the second mate with a birch broom—the water that was in the ship went through the same process as when she has been full of passengers—I have two large luggers, each holding three hundred gallons—I have a hole bored at the foot, the water is pumped in, and is allowed to settle—I left it to the carpenter, and said, "You will not draw a single drop of water until it is thoroughly pure"—the water comes through the bottom of them—I wanted to filter my own, and I used to go in the morning and see that it was clear, and not allow them to draw it if it was not—I had a sponge in the hole, in the tub, as the filterer was broken, and if they chose to put in the water it went through the sponge into another vessel underneath; but they never made any complaint of the water, either at Calcutta or anywhere else—I never told Dickson and Liffin to put the pilot on the windlass—I did not threaten to shoot all the men when I got on my legs—I never had a firearm in my hand—the pilot had some bottled ale, the same as I had; but when the ship went on shore, I was rather excited, but I was not in charge then—the men ought not to come on the poop when they are off duty, but they came regularly for their food—I was lying there on my back—they did not come and jeer me.

MR. RIBTON. Q. Is it entirely untrue what the witnesses have sworn than Singleton was strung up from 4 in the afternoon, till 6 in the morning? A. Entirely untrue—I never strung a man up—I put the irons on him and made fast the string to the staple which was behind, and about two hours afterwards I went into the after cabin (it was like a check on him) and found him released and lying on the couch sleeping, with the irons off—he said that he took them off himself—I said, "Have you been in the habit of having irons on before."

Q. Did not you tie him up with a rattling iron? A. No, I took the piece of stuff through the staple, and made it fast—I tied the irons to the staple, so that he could not get away—his wrists were not swollen next day—I took the irons off him.

Q. But you said that he took them off? A. I found him sleeping, and I took them off him the following morning.

COURT. Q. You said that you saw him two hours after he was tied up? A. Yes, and found him from the staple, with the iron off one hand, and on the other, lying on the sofa—he was not fastened in the cabin—I tied him into the cabin, and he unloosed himself.

MR. RIBTON. Q. You said that you went in two hours, and found the irons off? A. He had taken one iron off one of his wrists, and was lying on the couch still fastened with one hand—that was not fastened in the way I had fastened it before; he had released himself, and I asked him how he had done it—he told me he had done it with a nail—I did not find him in the position I left him—he untied the string from the staple, and when I went in I found him with one hand clear, I let him lie sleeping—he might have got up on deck and walked away, but he laid himself down on a couch—when I went in in the night, he was still lying there half on his belly—I did not look to see whether the iron was still on him—he could have got away if he liked.

COURT. Q. What irons are they? A. Handcuffs—I spoke to him the following morning, and he said that he would never be guilty of such like again—I said that it was very unbecoming of him to be refusing duty before the men.

Q. You do not suppose you had any right to do what you did do; cause

I should advise you to unlearn it as soon as you can? A. It was for refusal of duty—I have heard these men say that they would not ship with me again—I do not know how to account for that—two lads named Conolly and Johns want to go back with me.

MR. RIBTON. Q. Do you recollect Somerville? A. Yes, he took fever—e was not very ill; the doctor saw him at Ascension—he died in the channel believe—he was not in a weak exhausted state when he left Ascension—is not true that when he was in that state, I ordered him to carry the bread up to the men—my instructions were to him that he was to do nothing—it was the steward who carried the bread up—if Somerville did it, it was unknown to me—it was never told to me that when he was carrying the bread up, he fell down—I did not say that it was mere laziness—he had been four years with me.

MR. POLAND. Q. Were you on board when he died? A. No; I left the ship at Ascension—he died before the ship reached England—he served with me three years.

Dickson. All I have to say is, that what we did, we did in selfdefence; there were others to assist the captain; we did not know who were friends, and who were foes.

LIFFIN. CARR, and DICKSON— GUILTY .— Confined One Week each .

PILLAGE— GUILTY .— To enter into recognizances to appear and receive judgment when called upon .


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