1st February 1864
Reference Numbert18640201-247
VerdictGuilty > unknown
SentenceImprisonment > penal servitude

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247. GEORGE CARLOS was again indicted for feloniously casting away and destroying the ship called the Flowery Land, the property of William Weemys Kerr, on the high seas, within the jurisdiction of the Admiralty of England.

MR. SOLICITOR-GENERAL with MESSRS. WELSBY, GIFFARD, and BEASLEY conducted the Prosecution, and MR. RIBTON the Defence.

WILLIAM WEEMYS KERR . I am a merchant of the City of London—I am the registered owner of the Flowery Land—I am a British subject.

William Taffer, Michael Anderson, and Frank Powell deposed to the same effect as in the former case.

JAMES EARLY . (This witness, after briefly being examined to the facts as before, added, "I have got something more to say." MR. RIBTON objected to the witness making any statement without the nature of it being first ascertained; it might be something contrary to the rules of evidence, and yet calculated to prejudice the case of the prisoner. He suggested a course which had been adopted before on a similar occurrence, viz. that the witness should communicate what he had to say to the attorney or counsel for the prosecution; this being done, the witness was directed to proceed with his statement.) A few days before the captain was murdered, the prisoner asked me where all the men

slept in the cabin, which berth was the captain's, the second mate's, the chief mate's, and the captain's brother's—I told him he knew as well as me, he had been in the cabin as often as me—he then named the places where they all slept, and asked me if that was right, and I said"Yes"—that was all that took place between us on that occasion.

Crow-examined by MR. RIBTON. Q. Did you ever mention this to anybody before? A. No; this is the first time I have stated it—I never recollected it before—I was examined before the Magistrate more than once—I was examined abroad—I did not state it there—I was examined by the solicitor to the Treasury, or some one, I don't know what he was—I don't know the name of the place—he asked me questions, and told me to tell him all I knew about the matter—he told me that more than once—he took down what I said—after that, he asked if I had any more to say; but I never thought of this—I never thought of it when I was examined here on Wednesday.

COURT. Q. How came you to recollect it now? A. I told the second mate on board the ship about Carlos asking me where they slept in the cabin—that was after the captain was killed, when we were aboard the ship; and yesterday he asked me if I had told that—I said, "No," and he bade me to tell it.

GUILTY .— Ten Years' Penal Servitude.

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