360. MATTEO CARGALIS, otherwise called French Peter (36), GIOVANNI CACARIS, called Joe the Cook (21), PAROSCOS LEOSIS, called Nicolas (30), PASCALES CALUDIS, called Big Harry (33), GEORGE KAIDA, called Lips (22), CHARLES RENKEN,called Charley (27), GEORGE GREEN, called Boatswain (34), and GEORGIOS ANGELOS, called little George (19), were indicted for the wilful murder of Stanley Hatfield on the high seas within the jurisdiction of the Admiralty of England.

THE ATTORNEY-GENERAL, THE SOLICITOR-GENERAL , with MESSRS. POLAND and BOWEN conducted the Prosecution: MR. SERJEANT SLEIGH with MR. MOSELEY appeared for Caludis and Kaida; MR. WOOLF for Leosis and Green; MESSRS. STRAIGHT and C. MATHEWS for Cacaris and Angelos; and MESSRS. WARNER SLEIGH and KEISCH for Renken.

CONSTANT VON HOYDONCK . I am a Belgian—I am twenty-five years of age—I joined the vessel called the Lennie at Antwerp on 22nd October last, she was a British ship, sailing under the English flag, belonging to the port of Yarmonth, in Nova Scotia—the captain's name was Stanley Hatfield, he was a French Canadian—the chief mate was Joseph Wortley, and the second mate Richard Macdonald; they were Engish man—when I joined those three officers were the officers of the ship—Henry Trousillot joined at the same time as I did, he is a Dutchman, born at Amsterdam; he is about sixteen years of age—I was the chief steward—Trousillot was the cabin boy or under steward—these (produced)are the ship's articles which I and Trousillot signed—at the time I joined there was no crew to the vessel—afterwards the eight prisoners and three other men joined the Lennie at Antwerp all together; they were brought there from London by the ship's agent, Mr. Long; they all signed the ship's articles in the presence of the English Consul, and also the agent, the captain, and me—the other three men besides the prisoners were Lettis, an Austrian, Peter Petersen, a Dane, and John Moore—when the articles were signed the captain said to the shipping master, Mr. Long, also to the English Consul "They are all foreigners and very little English they understand, and I would sooner have a boatswain on board that could talk to them, are there any of you men that can talk English," and Green was picked out to act as boatswain, he was not entered to act as boatswain, but it was arranged if he did his duty properly that he was to have boatswain's pay, and in case he could not do his duty the captain could say "You can go forwards; "He was to have 30s. a month extra—the captain appointed him boatswain, he told him to act as boatswain and officer of the ship—Green speaks English, also Greek, Italian, and Austrian, that is all that I am aware of; he might speak more languages, but I don't know—I am not quite sure of the day the men joined, I believe it was the 24th; it was on the Monday they came on board, and on the Monday we sailed—we were bound for New Orleans and Savannah—the ship was a teetotal ship, there were no spirits allowed—everything went on well at first, pretty fair—the chief mate's watch was from 12 o'clock at night till 4 in the morning; I think the men in his watch were French Peter for one, that was the name I knew him by, Big Harry, Lips, Charley Renken, Peter Petersen, and the boatswain—I could not tell you all, but that is as near as I can possibly tell—on the morning of 31st October I was in my berth in the cabin in the after part of the vessel where all the officers of the ship are—at 4.20 in the morning I heard a noise on deck, the first I heard was a rushing on deck, the same as if they were all rushing after somebody—they were putting the ship about—I heard the captain say "Tack in the sheet," and I heard him say 'Men, keep sail all, d—it you are no men, you are a lot of soldiers, you are no sailors whatever"—I heard a kicking on deck then, the same as if somebody was lying on deck kicking with his feet; that was about two seconds after I heard the captain holloaing, by my idea I thought his throat must have been cut, by the way he holloaed—Trousillot was lying in his bunk underneath me, and I said to him "Turn out Harry, and see what time it is"—he turned out out of my room and

went into the cabin and looked at the clock, and said it was 4.25—I then said "Hurry up, and make the coffee ready"—for that purpose he would have to go up the companion and up on the deck.

By THE COURT. I thought at the time that the captain's throat was being cut when I heard the holloaing—I thought there was something wrong on deck above my head; that they were ill-treating the captain.

By MR. POLAND. Trousillot went up the companion about six steps and found both doors shut, one from the starboard and one from the port side—I did not see him go up because I was in my berth dressing myself—he came back at the same moment; he only went up and came back again—he made a statement to me; he said there were two men, and they said there was plenty of time between this and 8 o'clock to make coffee—I then turned out and went to the companion myself; I went up the ladder and tried to open the doors—I opened the door a little, about 2 inches, and saw that there was a rope round the companion, which prevented their opening, and two men, Big Harry and Lips, asked me what I wanted—I said I wanted to go down to the galley—Big Harry spoke; he said "Plenty of time between this and 8 o'clock; you stop down below"—he spoke in English—8 o'clock was the usual time at which the coffee was given out—I then went into the chief mate's room, which was the nearest room to me—there was nobody there—I then went to the second mate's room, then to the next room, the boatswain's room; he was not there—I then went to the captain's state room; he was not there—I went to the captain's pillow; it was standing up in his bed; and I found there two revolvers, loaded, one with six shots and one with four—I took possession of them and put them in my pockets—I then stood on the cabin table in the after cabin and lifted the skylight up, and tried to get out there—Renken was standing at the wheel, and he called out, "Come aft, boys; the steward is coming out of the skylight"—I then closed the skylight and came down again—the after skylight was close to the wheel; about 10 feet as near as I could guess—I could see him; the light used for the compass is in the skylight, and the wheel is just at the back of it; the light is fastened to the skylight to light the compass, and the compass is just in front of the wheel—before I could get the skylight closed I heard their steps coming aft, and I went down into the cabin and told the boy to light a fire—shortly afterwards I heard five shots fired on deck; they were fired about a second after each other, as near as I could say—I heard a rush on the deck afterwards, the same as if somebody was running on deck—I could not judge which way they were running; the noise on the deck and the vessel being in ballast, you could hear as well aft as forward, and you could not say which way they did run—the shots were fired about twenty minutes after I heard the captain call out, as near as I can say—as soon as I heard the five shots I expected the men would come down for me, and I put the revolvers away in my locker; I then took it into my head to take the revolvers in my possession and chance it; if the men came down to me to do anything wrong, to save myself—I put them in my pockets, one on each side—about 5.50 Green the boatswain came down first, and French Peter, Big Harry, and all the other lot followed; the deck was left without anybody, and the wheel too—they came into the cabin; Trousillot was there as well—they did not speak at first—the first thing they did was to rub me over; they could not feel anything; I had the two revolvers on me, but they did not feel them—French Peter and Big Harry felt me over; all the others were present—

Green then said, "Well, steward, we have finished now"—I said "What the hell did you finish?"—he said, "We have finished captain, mate, and second; can you navigate?"—I said "Yes, I understand a little"—he said "We got our mind made up to go to Greece; if you like to save your own life you had better take charge of the ship and bring us to Greece. You bring us to Gibraltar, we will find Greece; you bring us there you will be right, steward. We will take the boats when we get to Greece, and take the sails and everything into the boats, and sell them ashore and divide the money between ourselves. You will have your share, the same as anybody else; the charts and sextants, and all that belongs to the navigation, you can have. Me and my cousin Johnny Moore have got a rich uncle; he will buy everything. We will scuttle the ship. My uncle is a large owner there of some ships; we will see you right, that you be master of one of those vessels"—I said "Well, men, come on deck and get them braces ready, and I hope you will all agree and also obey my orders"—the other men said' All right, steward; very good, very good, steward; you do this, you do that, steward, you do right"—that was all I could hear of them, from everybody—the conversation between me and Green was in English, and everybody standing round—he spoke to the other men in Greek, what he said in Greek I don't know—I said "Where are the bodies, where is the captain?"—Green said "Oh, they are all right, they are overboard;" and all the men said the same—nothing more passed in the cabin—we came on deck then and worked the ship, got the ship braced up, squared and put the sails she wanted on to her and sheet and tacks and everything placed, and kept her away for the Bristol Channel—I was 180 miles from Falmouth when this happened—I told them how to steer—I gave them the course and told them we were going to Greece, but I put the ship for the Bristol Channel—it was about 6.30 when I went on deck—the charts were in the captain's room—I and the captain used to prick off the. courses at dinner time, the steward most always does that, and it was from that I knew the course and judged the position of the ship—I did that day by day—when I got on deck I saw blood on the after deck, close to the cabin all over, full of blood on the poop, on the starboard side by the cabin door—I also saw on the poop a coat belonging to the captain, a pair of wooden clogs and a hat of the captain's, they were close to where the blood was—I did not examine them to notice whether there was any blood on them—I left them there, somebody took them away afterwards—I don't know what became of them—I also saw blood on the main deck on the starboard side close to the main mast, about 2 feet from it—I went forward from there to the starboard side of the forerigging, I also saw blood there, on the deck and up the rigging, about 8 feet high there were two or three spots—that was all I noticed then—the captain and the two officers where nowhere to be seen—I never saw anything of them afterwards—I had command of the ship—the deck was then washed all over, everywhere the blood was they washed it off—I did not tell them, they washed the deck of their own order, of their own command—I saw Big Harry, French Peter, Joe the Cook, Nicolas, and Petersen wash the deck, and Renken was at the wheel—the ship had her name on her and also the boats, and they cut the names off the ship and also off the boats—the ship's name was on each side of the quarter, the starboard quarter and the port quarter, and also forward on each side of the bow there was "Lennie, of Yarmouth, Nova Scotia"—the name was gilt on a

piece of wood on each side—they cut the board off—Joe the Cook, the Boatswain, Lips, and Little George did that—French Peter was also painting on the stern, painting out the name and where the vessel belonged to, and Nicolas was helping; Renken passed the paint pot over; the Boatswain made the paint, and the names were taken from the ship and the boats as I have described—after that all hands came down to the cabin to breakfast—there was a man at the wheel, but who he was when we went to breakfast I can't say; my belief is that it was Petersen, but I can't tell—Johnny Moore took charge of the key of the medicine chest and the remainder of the crew were all through the captain's, mate's, and second mate's rooms to get anything out that was of any value or any good and carried it forward to the forecastle—I only saw three of them carrying things, French Peter, Big Harry, and Lips—I also saw Big Harry wearing the captain's clothing aboard the ship, and he occupied the captain's berth and the captain's bed—until that day I was not aware that any of the prisoners had a revolver or a pistol of any kind—I saw a pistol about 10 o'clock that morning in the possession of Joe the Cook, it had a broken barrel—it was an old horse pistol with two barrels, one was broken, it was about 10 inches long—I asked him where he got it—he said it was no good—I said "You had better heave it overboard, you don't want that now"—I did not see any more of it—I don't know if he heaved it overboard or what he did with it—I saw it fifteen days afterwards when the ship was searched—it was found by one of the French officers on a shelf in the Boatswain's berth—I took charge of the ship and gave the orders, and the men obeyed me—I kept one watch and the Boatswain kept another—at 8 o'clock next morning Charley Renken was at the wheel, and he said to me "Steward, you are not going for Greece, you are going for some part of the channel, I can see it on the water"—I said "You mind your own business, I am master now, I have got charge of the ship, and I don't want to be ordered by you, if you don't keep quiet and civil I will blow your brains out, and that quick"—he was then relieved from the wheel at 10 o'clock by Petersen, and he went forward and said to the men "The steward is going to sell us, he is not going to Greece, he is going to the Channel"—all hands then came aft and Big Harry said "Where are you going"—I told them that I was going to Greece, and if they left me alone and minded their own business I would bring them to Greece—they were satisfied so far that it was my intention to go to Greece—nothing particular occurred further that day—at 11.30 I altered my course for the French coast; it was my intention to run for Brest—we reached the French coast on 4th November, the Isle de Re, about 8.30 at night; I went into the bay, it was a very misty night and very blowey, fearful weather—I saw several lights as we neared the island of Salos de Leon, the men came aft and Big Harry said "Steward what are you doing in here, you see there is land all round you, look at all the lights here"—I said ""Never you mind, I know where I am, I think it is better for us to go anchor here and he here till we get a fair wind, what is the good for you to be pulling and hauling, and killing yourselves night and day, and making no headway, because the wind is bad, we may just as well have a night's rest of it and go anchor"—French Peter said "No, we will make no anchor, we don't "want to go no anchor, we will lay the ship to and shorten her sails"—I said "All right, anything pleases me," and we shortened sail, lay to and let the ship drift about till about 5 o'clock in the morning—that night I gave the

boy Troussilot a paper to copy in French and English—this (produced) is one of them—some of these papers were written out and pat in bottles, only about half a dozen were written that night, because I had no more bottles at present; I put the paper in bottles, corked them up and threw them overboard—I have been since shown some of the bottles. (Mr. Poland proposed to read the document, Mr. Serjeant Sleigh objected, and the Court ruled that it could not be read, it not having been seen or read by any of the prisoners). On the night of 4th November, I had a conversation with Joe the Cook, as we were walking on deck keeping the watch, no one else was present—he said "Steward don't you be afraid, they won't kill you, they wont do you anything as long as you see us right to Greece, we have done enough, we have killed three, we don't want to do no more, but I am afraid they will kill the boy, because they are afraid when he comes ashore at Greece, or anywhere he will split upon them and tell the tale"—I said "I will look out for that, that he wont say nothing, it is only his first voyage at sea, leave him alone, if you do anything to the boy it will only be life for life, my life is just as sweet as the boy's, and I will take the boy's part"—afterwards French Peter and Big Harry said "All right steward, we can trust to you, you promise that he wont say nothing when he does get ashore, you look out that everything will be right, wont you steward," and I said "Yes, you leave the boy alone"—that must have been on the night of the 4th—none of the other prisoners spoke about the boy—at 5 o'clock on the morning of the 5th, the Boatswain came down and said that he had orders to tell me to take the ship out to sea again, and to leave the port as soon as we possibly could—I said "All right, but why don't you let us lie here Boatswain, let us anchor here, there is a head wind, can't you see"—he said "No, you want to sell all my countrymen, don't you"—I said "You are the only officer in the vessel and you are bound to take my part before anybody else; never mind Boatswain, you are no friend of mine"—he made no reply—I then went on deck, took charge of the vessel and brought her out again to sea—when we got away five miles from the laud I was standing on the poop, and French Peter said to me "I will have to do with you the same as I have done with the others, you-will sell us all"—I said "Well, if you think so you had better take charge yourself, I won't do no more"—then Peter Petersen took charge of the ship until the 6th—the ship was all that time running away from the port—Petersen did not change his berth when he took charge of the ship; he occupied the second mate's berth—on the evening of the 6th Big Harry came down to me, and said "Steward, will you take charge of the ship again?"—I said "No, go to Peter Petersen; he has got charge; let him finish it now, I will do no more"—then he said "Tell me where the land is lying, which way to keep for the land; I want to see the land"—I said "Peter Petersen is the captain of the vessel, go and ask him; don't come and ask me"—that same evening French Peter, Joe the Cook, Nicolas, Big Harry, Lips, and Charley Renken came down; the other five were on deck—Big Harry said "Steward, you must take charge of the ship, that fellow can't navigate"—I said "Well, I will take charge of the ship on condition that you will leave me alone and let me have my way, and I will see you right. When I see that the weather is no) worse than it is now I will go in port and lay anchor, and when there comes a fair wind I will take the ship to Gibraltar," and Big Harry made an expression to the crew that the first man that interfered with the steward he

would cut his ears off—this was said in the cabin—it was blowing fearfully from the westward at this time—I then took charge of the vessel, and put her back for the Isle de Re—that same day, the 6th, I had a conversation with the Boatswain and Joe the Cook; I asked them what they had done with the bodies—I had missed the pump that was used to wash the deck—Joe the Cook said that they had made the pump fast to the captain's body, and they made some chain fast to the chief officer, and they made six or seven iron ring bolts fast to the second officer, and heaved them overboard—Green said "Oh, never mind, don't you trouble about the bodies"—that same night Joe the Cook said "Ishot the chief mate"—I asked where he shot him—he said "In the forerigging; I am very sorry for the second mate, because he was a very good man"—I sighted land on. the following evening, the 7th; we got into the bay again—I shortened sail and let go anchor—Big Harry asked me what place it was—I told him "It is near Cadiz, and when we get a wind we shall be off Gibraltar directly"—he said "We must wait till night time; we must not pass Gibraltar in the day time; we must see and get through at night"—all hands said that—French Peter said we were to go off as soon as possible, not to lay there long, and Petersen said "You won't lay here, it is the same place again"—I ordered the anchor to be let down about 8.30 or 9 o'clock at night, and I gave them 5 fathoms of chain, to make it difficult to get the anchor up again—I made the sails fast and ordered all hands below, but one to be an anchor watch; that was Joe the Cook—he kept the first watch that night—I then got ready two dozen more of the papers, put them in bottles, and threw them overboard, about I o'clock in the night—at 5 o'clock in the morning I hoisted a flag signal "Ship in distress"—that remained up until 8 o'clock, when French Peter came aft and said "What is that flag there for?"—I told him it was to tell them ashore that we were wind bound, that nobody should come off to the ship to ask what we were lying there for—he said "Never mind wind bound; haul them flags down.—Charley Renken told me that that was the police flag, haul it down," and he went on the poop and hauled it down himself—the other men were standing at the mainmast—they went forward, and Lips came aft and asked me for some kerosine oil to unshackle the chain, to let go and get out of port, to slip the anchor chain and all—I gave him the oil, and he got a light and burnt the rust off the chain, so as to be ready to slip it—on that day a French pilot boat came off; it came within about a quarter of a mile of us—he could not come alongside, the weather was too bad—French Peter told me to go down below—I heard him tell the Boatswain if I did not stop down in the cabin he would come down and make me fast down below—he said "Ishall act as captain; I will speak to him, I can speak French enough"—the pilot boat came within speaking distance—I was below, but I could see; we have little round holes in the after cabin—I beard what took place—the French pilot asked what the vessel was lying there for—French Peter answered that the chronometer was run down and they would only lay there for a couple of days till we got a fair wind, so the pilot boat went back again—afterwards in the afternoon the pilot boat came out again, he came alongside and brought a letter written in Italian—it was put into a little tin box with a rope made fast to it and it was floated from one ship to the other—no one on board could read it—I saw it, I could see it was Italian, I knew very well what it was, but I told them I did not, it was for the pilotage—French Peter got the boy to write a letter to say

that he could not answer this bat he would come on shore in the morning and see him—he was to say it was an English vessel and to write it either in French or English—then the pilot boat went away again—French Peter then came with Big Harry and asked me what sort of a country it was, if I had been ashore there—I told him it was a republic, that there were no police, and the best was for them to go ashore and that I should stop on board for a fortnight and that I should not report anything before they were far far way and in that time, fourteen days they would have time enough to travel and be far away in the land—they did not leave that night, it was blowing fearful from the westward and raining hail stones and all sorts—they got the boat ready and made a sail and collected the captain's property, the mate's and the second's and put it in the boat and some spoons belonging to me and on the 9th, the first six prisoners left in the boat—I gave them provisions, half a ton of butter and I ton of beef—and some of them were wearing the officer's clothes—it was about 5.45 on the night of the 9th, that they left—on the morning of the 10th, I signalled again "A ship in distress" and the police flag in the fore top—a French gun boat came out—I ordered the men who remained on board to get the boat out, that was the Boatswain, Peter Peterson, Johny Moore and Green—I had to present my revolver before they got it out—I went on board the French man-of-war and they sent men to take charge of the vessel and I gave the five men in charge because I did not know who were the murderers—I went ashore and reported what had occurred so that the other six might be taken into custody—the Freach authorities towed the vessel to Rochfort, I saw it searched and saw the pistol found on a shelf in the boatswain's cabin, some knuckle dusters were found in Big Harry's bunk, a steel one and a brass one—and a wooden lance behind the boatswain's door—in the ship's articles Green is entered as an Italian—I heard him order the boy to put him down as an Italian and boatswain, he was shipped as an A B and he altered the amount of money—he also told the boy to imitate the Consul's initials—he asked to do it, I said I could not and the boy did it—the original entry is struck out and it appears as it is now.

Cross-examined by MR. SERJEANT SLEIGH. There were sixteen hands all told; that included the captain and the two mates—there was a Done, an, Austrian, and an Italian; there was Moore, Peter Petersen, and the boy Harry Troussilot—I gave information against everyone, and I included Moore among them—we were at sea six days before this occurred, and we had beautiful weather; the wind was right out—up to the morning this occurred there had been no dispute or disagreement among the men from 4 a.m. to 9 p.m.; if anything happened afterwards I cannot say—so far as my observation went, there was perfect concord and amity among all on board—the captain was angry with the men pretty often, but I never heard him swear at them until he said. "You are not sailors, you are soldiers"—they did not do their duty; there were no sailors among the eleven, and they could not do their duty—the captain was never angry with any of them, to my recollection, up to the time this occurred—it was not very rough weather when I heard this noise, but the ship had to be put about because it was a head wind and they must put the ship on her course—when I turned in the night before the weather was fair, but the wind changed and became a head wind—I have been at sea fourteen years—for the purpose of putting the ship about, with a small crew, it is necessary to pipe all hands—the ship was 900 tons—half of the watch who were

down below were suddenly called to help those who were on board to about ship—if it had not been necessary to bout ship, the men, including Big Harry and Lips, would not have been up so early, but they were only called twenty minutes before their time; the general rule is to call them five minutes before the time to give them time to dress—they were called a quarter of an hour before their time—the first noise I—heard was the men running about the deck to get the braces and everything ready—the captain's voice appeared to be the loudest; he had a very strong voice; when he holloaed out you could hear him forwards—I heard him call out once, "D——you! you are not sailors, you are soldiers"—that was the first that I heard—there was a rushing about and a noise; I could hear the scuffling of their feet for about five minutes before the captain called out—I could only hear one voice when the captain holloaed—his was a very loud strong voice, and I could hear it distinctly—the shots were fired about twenty minutes afterwards, as near as I could say—I could hear them running round the main deck as if they were running after somebody.

Cross-examined by MR. W. SLEIGH. I swore at the police-court that I ordered the second steward to write messages for the bottles and that I stood by to see that nobody saw what the messages were—I did not stand by to see that nobody saw, because I had the ship to look after—I trusted to the boy and did not think he would go and tell anybody else—I told Captain Clipperton, the English Consul at Nantes, what had taken place on the ship—the boy who wrote the messages has never told me that Renken was by when he wrote them—I have sworn today that I was lifting up the skylight and that Renken said "Come aft, boys, the steward is getting through the skylight"—I said at the. police-court "Come up, boys"—I saw the magistrate's clerk writing down my depositions—it is very likely I said "Come aft, boys" and that they did not put it down—I know that was my meaning and I did say so—I swear that I said it—I said "Ithen went to the skylight and tried to get out, Renken was then at the wheel and he sang out 'There is the steward coming out of the skylight'"—I have sworn today that Renken, Petersen, and Big Harry were the men who washed the blood off the decks, and I have also sworn to-day that while they were washing up the blood Renken was at the wheel; you can do two things at once if you like—when they were washing the deck they wanted to get the ship on her course, and they went and washed the deck—if you look you will see that I was at the wheel—I took the wheel from Renken—I did not hear Petersen give his evidence at the police-court—I have never been in Court when any evidence has been given by any of the witnesses; I always left the Court—I swore at the police-court that all the men went into the cabin and searched the cabin—I saw them go into the cabin while I was at the wheel—when I saw them all below I went up and took the wheel—very likely I swore at the police-court that Renken said "Steward, you are not going to Gibraltar," instead of "You are not going to Greece"—I said "Never you mind where I am going, I take charge of the ship now and go where I like, and not where you like"—Renken was then relieved by Petersen, and he said "You are bound for the Channel"—I would hear what he said, I went forward to the forecastle after him—shall I explain that?—you have the galley here and the forecastle here—they did not know how to make bread, and I went to the forecastle, you can hear what is said in the galley as well as the forecastle—I stated at the police-court that I told Renken that I would blow his brains out, and if the man likes

to speak the truth he can tell you the same thing—I went on to say, "The men then came aft and French Peter then said to me, Are you bound for the Channel, steward"—I went down to the galley and French Peter said "Charley,' we are not going for Greece, but for some port in the Channel"—I heard that myself, and French Peter came and told me—I cannot swear that Renken did not see the second steward writing the messages for the police—I remember the morning of the 8th when I hoisted the signals—on the evening of the 5th I remember being in the cabin below and seeing all hands with the charts before them—they used to come down looking at the charts fifty times a day, but did not know any better for all that—I saw Renken with the chart before him, but I did not speak to him or he to me—I took the two flags of distress out of the box myself—we do not carry the signals on the chart, we have a book specially for them—that book was in my possession, nobody bad it besides me—it was not lying by the chart—Renken did not on the evening of the 5th point out to me a sixteen chequered flag and a white pennant with a white spot on it—that is the signal for "Distress; need assistance"—he saw the flag hoisted up, I hoisted it up—the flag map was not lying there, I had it in my possession—if Renken had disobeyed the orders of these mutinous men I suppose the consequence to him would have been very serious—he was one of those who were painting the ship—I did not hear the Boatswain order him to do that—Petersen did not hold the paint pot, ho brought the water to wash the deck—all that Renken did was to pass the paint pot up at the Boatswain's order.

Cross-examined by MR. STRAIGHT. Cacaris was not called Joe the Cook—almost immediately after the vessel sailed, we used to call him Joe—he never did the cooking before the captain was murdered—he was shipped as an A B, an able seaman—after the captain's death, I having to take charge of the ship, it was necessary to get somebody to do the cook's work—he was told off by the men, and he did it—I was teaching him to make bread in the galley—Little George was cook too—when Joe left the galley for two days George went into it—the men joined on 23rd October, the vessel sailed on the 25th, and on the 31st" this transaction took place—she was out at sea from 31st October to 4th November—Joe was acting as cook during that time, "but I was the cook and steward—the vessel went out on the 2nd, and did not come to land again till the 8th—I have said that Joe the Cook was taking part in the washing on the morning of the 31st—I said before the Magistrate "Five men began to wash up the blood; they were Renken, Petersen, the Austrian, French Peter, and Big Harry"—I did not mention Joe the Cook, and I will tell you why—when he got the broom to wash the deck I heard someone say "You go to the galley; "He brought the water, but he went away to make some coffee in the galley—Little George was not cutting the board off with the name on it; he had the hatchet, but passed it over to Joe the Cook—this is correct, "Green cut the ship's name off one of the boats; Little George cut the name off both sides of the forecastle head, and Joe the Cook painted out the name on the ship's stern"—Petersen helped the other men, and Lettis the same—I may have made a mistake before the Magistrate and said that the conversation was on November 4th about making fast the pump to the captain and the mooring chains to the chief mate, and the ring bolts to the second mate, and throwing the bodies overboard; very likely I did say that it was the 4th—I never told Joe the Cook that I had got the revolvers, but I did say that my life was sweet and

so on, and that I would blow his brains out; that was when he spoke about the boy—the conversation about the boy was on the 4th, at night—I saw a pistol on the 31st in the hands of Joe the Cook; it would not be of much account; it would probably hurt the person who let it off as much as the person who was fired at, but there was one good barrel in it.

By THE COURT. I heard five shots fired; there was not time between to have loaded it. They were very quick, one after the other; it must have been a revolver.

Cross-examined by MR. WOOLF. I saw very little of these men—I do not know their names now, only the nicknames they bore on board the ship—when I gave evidence in France I was asked the names of the men who came down that morning, and I could only give their nicknames—I mentioned Joe the Cook and French Peter, and if the interpreter did not put it down, that is not my fault—I could not tell the names of the men who obstructed my passage, but I knew their nicknames—I said that I knew them as Joe and Peter, and they said that that was no good—I gave their nicknames, but they would not take them—I called the Turks and Greeks all Greeks because I did not know the difference—I thought the first five prisoners were all Greeks and the Boatswain; they told mo themselves that they were all Greeks—they understood very little English, they came on board to learn—they could not understand the full command of the ship, but we had a boatswain—it was not put in the articles, but the Boatswain was to paid 30s. a month more—the men asked me for some tobacco, and I asked the captain for it—he said "Iam very sorry, tell them I have not got any, and what I have got I have to use myself"—up to the 31st the captain and men were on good terms from 4 a.m. to 9 o'clock at night—I cannot say if anything happened afterwards—when the boy came down and said that he could not get through the skylight I went up myself—the pistol shots were just fired when I tried to get up the companion the first time—I did not hear the captain say "Pull well the braces, you sons of bitches"—he said "D——you, you are no sailors, you are a lot of soldiers"—I did not hear him say "You are a b——set of lubbers," and other terms like that, and I never said anything of that sort to Captain Clipperton—I saw the Boatswain and French Peter and Big Harry and all hands come down into the cabin one after the other, the first three came down the steps, and the remainder came down together—when I was asked to take the ship to Gibraltar and the men would find Greece, all the men were in the cabin—Petersen and Lettis also asked me to take the ship to Gibraltar, they said "All right," and "All right" means that everybody is pleased—I swore before the authorities in France that three men came down and asked me to take the ship to Gibraltar, but the remainder of the men were down in the cabin listening and George Green interpreted it—I was examined in French before the Commissary of Police at Rochefort, he is a Frenchman and does not speak English; he examined me in French and he had an interpreter—he wrote a statement of my evidence in French and that was translated—I answered in French and he wrote it down and had it translated into English; it was read over to me before I signed it—I swore that they all came down, they were down, I should say, twenty minutes, and the vessel bad nobody on deck, the braces and tacks and everything were loose—the Boatswain acted as interpreter, he was the only one of the Greeks who could speak to me—he did not say "Some of the men have killed the captain and the first and second mates and they want you to

take the ship to Gibraltar;" He said "We have finished now"—after he had spoken to me he repeated something to some of the other prisoners—I did not tell the boy to set fire to the ship, if I was going to set fire to the ship I was going to set fire to myself—I did not tell him to throw some paraffine into the vessel—we have what we call a tin pot on board ship and I said to Troussilot "Idon't know what to do in case of slipping the anchor, we bad better get something to have a light and get some assistance to-night"—there was nothing of that kind on board our ship, and I told the boy there ought to be something of that kind in case they slipped the anchor at night, and we got something ready at the back of the house next to the carpenter's shop, and I put some kerosene or petroleum there—I expected to have another wind that night, and I got that ready—there were old candles and other things, and I put petroleum with it—I was very anxious to get rid of some of the crew and I advised them to go—I thought I could manage five men better than eleven—I told them that they might take the things if they did, and I gave them some spoons; I valued my life more than the spoons—when they wanted to go out again I thought of trying to go ashore, I would rather have swam for it or have died—I did not arrange to go ashore if I could with Troussilot, Petersen, and Renken; I told the boy "Me and you, when we get near the French coast, will leave," it was only us two, and the boy cried and some of the men asked him why he was crying—when I told the Boatswain he was an officer of the ship and ought to stand by me he said "If I do they will kill me"—he, did not advise me not to stand there, but to come on deck when the pilot was there, otherwise they would lock me up; he told me to stop below when the pilot came on board, otherwise they would and make me fast in the cabin—I said "They generally do as they like"—in consequence of his telling me that I. did not stop down, I came on deck—the Boatswain said that I was a fool if I came up, that French Peter would come and make me fast, but I came up—I asked the boatswain to sign a paper on 10th November, the night the men left the ship—I have not got it, I gave it to the French authorities; I kept it as a log, what time I came to port and what time everything happened; besides that log I made no note on board of anything, one log is quite sufficient on any ship—I made no note of the circumstances, I have related to-day, I could not—I said to-day that French Peter painted the name off the ship's stern and that Nicolas helped to do it—I remember saying before the Magistrate that Joe the Cook painted the name off of the ship's stern and Nicolas helped to do it; it requires two to do it, but there were four men engaged in it; it was only just to pass the paint pot and to hold the two strings of the rope—French Peter was also there to help—it was Joe the Cook who painted it out, I did not say to-day that it was French Peter—I said to-day when talking about my taking the command again "The first six prisoners came down and the other five were on deck," and I said before the Magistrate "All hands were down in the cabin and I told them I would take charge of the ship if none of them interfered?"—the six men came down and then went on deck to relieve, and the cook came out of the galley and heard the men's conversation, and I also told them; of course it was all hands then, was it not 1l. six came down first and the other five were on deck; there was a relief from the wheel and they came aft to learn whether I was going to take charge of the ship again—I say "All hands," five and six is eleven in my country—I said that Petersen made a Danish flag to make the vessel appear as a Danish vessel, and I say so still—that was when we were in the Bay,

out of the Gulf, and he hoisted it too—I said that Petersen rubbed out the log from my slate, which I tried to keep, and I say so now—I said before the Magistrate that Johnny Moore told me that Petersen took a marline spike and struck the first mate five times or so in the head, and I say the same thing now—after 31st October the Boatswain slept in his berth and Petersen and Big Harry slept in the cabin—none of those three slept in the officer's berths—I did not show the Boatswain one of the bottles I threw overboard, that I swear.

Re-examined. I kept a log on two sheets of paper—that was the paper I asked the Boatswain to sign on the night of the 10th—I had entered the dates and everything—it was when Petersen had charge of the vessel that the men were examining the chart down in the cabin—when I called Harry to go up and see what time it was, he came down and said it was 4.20, and I turned out and heard the five shots—I did not stop to dress before I went up—I went up at once.

HENRY TROUSSILOT . I am a native of Rotterdam—I was second steward on board the Lennie—it was the first time I had been to sea—on 31st October about 4 o'clock in the morning I heard plenty of noise about my head, and the steward asked me "Harry, are you awake?"—I said "Yes"—he said "It is curious that they do not come and call us this morning, I think it is past 4 o'clock, we had better turn out and see what time it is"—I turned out and went into the dining room, I mean the cabin, and it was 4.25—I went back to the steward and told him what time it was, and he told me to go to the galley and make coffee for 5 o'clock—I went up the ladder which leads to the poop and saw that both doors were closed—I tried to open them and somebody outside asked me who it was—I said "the second steward"—he asked me what I wanted—I said that I wanted to go to the galley to make coffee for 5 o'clock, and the man said "There is time between this and 8 o'clock to go to the galley and make coffee—coffee was always made at 5 o'clock for the watch and breakfast was at 8 o'clock for all hands—the man spoke in English but I do not know who it was—I went back and told the steward what had passed, and he turned out and went up himself—I then went up the half of the ladder and the steward tried to open the door; they asked him who it was, first he said "The captain;" they said "It can't be the captain;" He said "Well, then, it is the steward"—they asked him what he wanted—he said that he wanted to go to the galley to make coffee for 5 o'clock—they, answered him "There is time enough between this and 8 o'clock"—I saw him try to open the door, but he could not because it was closed—the noise I heard on deck when I awoke was still continuing; it was a shuffling on deck and on the poop also—the steward and I went back to the dining room and he ordered me to light the fire in the dining room, I did so; in the mean time he went to the officers' rooms to see if he could find anybody, and when he had been in every room of the officers he came back and showed me some papers which he said he was going to put in his bag—we then sat down, and at about 5.30 or 5.45, I cannot say exactly the time, we heard five or six shots on deck—the noise was still going on—it was, I think, more than an hour after I went up—those were the only shots I heard that morning—the steward tried to get both doors off the companion—I did not see him lift up or look through the skylight over the table—he never showed me any pistols—about 6 o'clock some of the men came down, I cannot exactly say which, but French Peter, Big Harry, Joe the Cook, Johnny Moore, and

Lewis or Nicolas; that is all as far as I can remember—the Boatswain was one of them—I do not remember whether there were any more or not—I heard the Boatswain say to the steward "We have finished it now," and they said "We have killed the captain and the mate and the second mate and heaved them overboard"—the Boatswain said that in English—the other men were all there at the time the Boatswain was speaking to the steward, and they ran from one of the officer's room to another—I heard the Boatswain say "Ask the steward whether he can navigate"—before that all the men had run from one officer's room to another, speaking Greek and laughing—the steward said that he would navigate her—I first went on deck after 6 o'clock—I did not take notice of anyone on deck—I saw plenty of blood on the main deck and on the poop, but nowhere else—I did not see anybody do anything on deck, but I lit a fire and then looked out of the galley and saw some of the men washing the deck, but was not able to see who they were—I did not take notice who was at the wheel—we had breakfast at 8 o'clock, and after breakfast I saw men going outside the vessel to cut the name out of the ship—I cannot state who those men were, I did not notice—the steward took charge of the ship before breakfast, and after that 'the steward ordered me to go to the galley—I remember the ship arriving at the land—I wrote on a paper something by the steward's direction; that was my first writing—I wrote the papers in my own room—Renken came into the room and saw me writing them, he wanted me for the' galley—he asked me what I was doing—I told him I should tell him what I was doing if I should have confidence in him that he should not tell anybody else—he said that he would not tell anybody what I was going to tell him, and then I told him I was going to make some bills out and put them' in bottles and throw them overboard for to come to our assistance—I Showed him some of the bills, and when I had finished I went up to the galley—he did not read them; I told him what I wrote and went with him up to the galley—he said that he would keep it quiet.

Cross-examined by MR. SERJEANT SLEIGH.; The noise overhead awoke me, it was a very considerable noise, and I thought they were putting the ship about; it was a noise of shuffling, like men moving about the deck—I did not hear much voice—I did hear some voice, but I could not tell whose voice it was or how many voices there were—when I turned in the night before it was fair weather—when I got on deck I found it was blowing hard; it was dark.

Cross-examined by MR. W. SLEIGH. Renken did not disclose "what these papers were, as far as I know; they were papers asking the police to come to our assistance and I told him—so.

Cross-examined by MR. WOOLF. The Boatswain spoke English to the steward at 6 o'clock, and then he translated and spoke to the men in Greek—after we had made the land the steward 'told me that had made a conversation with Renken, Petersen, Johnny Moore, and the Boatswain, to leave the ship as soon as they had a chance—the shots were not fired till after I went up the companion, I am sure of that, and I said so when I gave my evidence in France, and I said that I awoke about 4 o'clock—I am positive that it was about 4 o'clock when I awoke, and also as to the time the shots were fired.

Re-examined. I did not hear any voice on deck when I was down below—when I went up I was not allowed to go on deck, I was frightened that something was happening.

GUISEPPE LETTIS . I am a native of Austria, and am twenty-two years old—I have been at sea about seven years—in October last I was engaged in London to go to Antwerp to join the Lennie—I had sailed in four or five English ships—before that—I went from London with the prisoners and Petersen and Johnny Moore—I had never seen Petersen before—I signed the ship's articles at a tallow shop at Antwerp—after the vessel sailed I was in the first mate's watch, which was from 12 o'clock at night—to 4 am.—the Boatswain, Young George, Charley Renken, Lips, and Johnny Moore, a sick man, were in the first mate's watch—on 31st October Johnny Moore was in his bunk ill, and the rest of us kept that watch—Some time in the morning the second mate's watch came on deck—I called them to put the ship about 3:30 and the captain came on deck—the first mate ordered the watch to be called; he was right forwards and the second mate was aft on the bridge—Lips was at the wheel—six of the other sailors were in the main braces, and the others were forward, five Greeks and me—the five Greeks were Great Harry, Nico as, Johnny Moore, Joe the Cook, and myself—French Peter was at the main brace along with me—the captain said, "Bout ship, main topsail all," and he said to me "Haul away the main braces, you sons of bitches, sons of whores"—I was on the poop behind Big Harry, who took a knife out of the sheath and at the time the captain was looking on one side Big Harry jumped on the captain and put the knife his stomach and stabbed him—after that the captain went right round the poop backwards and Big Harry was after him with the knife., and French Peter, who was on the other side of the poop, stopped the captain, and put a knife into him right in front of his head here (on the forehead), and then struck him in the side with the knife—Big Harry then caught hold of the captain, lifted him up and heaved him down on the deck—I did not see any blood then, but there was plenty of blood on the poop in the morning—I saw them take the captain's boots off and his cap—when French Peter struck the captain the others were all on the after deck on the poop—the other sailor did not touch the captain not more than four—when this occurred the second mate was on the bridge standing by the main braces—when the captain was struck the second mate came to the captain, who was still alive, and tried to take him down into the cabin but Big Harry put his knife two-times through second mate had not said anything before that, but he had jumped off the bridge into the main deck—when the second mate had the knife put into him twice he ran forwards and put his hands on the Boatswain's shoulder, who said "Who is that jumping on the top of me"—I don't know what happened after the second mate went forward but all the five Greeks went on the main deck, French Peter, Nicolas, Lips, Joe the Cook, and Young George, who was like me looking on, but nothing else—the Boatswain then went forward, and the second mate put his hands on his neck and said "Boatswain, save my life," but the Boatswain shoved him right away off and Big Harry, who had got a knife in his hand put his knife three times into, the back of his neck, and the second mate went down very near dead, and somebody took off his boots and his cap—Nicolas had put a rope on the cabin doors just at the time the captain was struck—after the second mate was down, and His boots were taken off, the five men braced the foreyards sharp up—I cannot say who gave the order for that; it was the Boatswain, I think, but I cannot say, because it was spoken in Greek—the chief mate was then on the middle of the fore-yard, and he sat down—Joe the Cook had a broken revolver belonging to

him, and he went with Lips, who said to Joe the Cook "Go up the rigging and fire at the mate"—Joe said "Idon't want to go," and he said "Give me the revolver, and I will go up and fire at the man"—Joe would not go up, he was frightened—Joe gave Lips the revolver, and he said "Look out which way you fire it, for it is broken"—Lips said "All right, I know which way to fire it"—I do not know whether Joe had fired it himself before he gave it to Lips—Lips then went up the fore-rigging and fired at the chief mate, who was on the foreyard, two times, and then two times again, and the last two times went through the mate—I heard the mate say "Ah! ah!" both times, and he lowered himself by the main buttling right down on deck—when he came down Joe the Cook was very close behind him with a knife about a foot long in his hand, and he put the knife right through the first mate; he kept putting it in and taking it out several times all over his body, everywhere—he kept stabbing him—it was dark, and I did not see any blood—the mate fell on the deck, and about five minutes after that Big Harry and French Peter came forward—French. Peter talked in Greek, and took a knife out; he put his two legs on the first mate's stomach and nearly cut his head off—Big Harry was then behind French Peter—I saw Lips come out of the rigging, and all were across the first mate—the same five, French Peter, Joe the Cook, Nicolas, Lips, and Big Harry got a long chain, which they made fast to the chief mate's legs and heaved him overboard—the second mate was then dying on the port side of the main deck, and they got a cat block, and three of them threw him overboard while the others stood looking—I did not see what was done with the captain—it must have been Charley Renken who was at the wheel then, because I left him at the wheel—I had not heard any orders given at that time as to who was to go to the wheel—I did not see Petersen and Renken go into the coal locker, but I saw them come out after the second mate and the captain were dead, and while the first mate was alive in the foreyard—they came out because the boatswain called out twice, and the second time I saw them come out—I saw the men go below into the cabin, and Petersen was told to go to the look-out, and Charley Renken to go the wheel—after the bodies bad been thrown over everyone went down in the cabin to take coffee—I had not been down before that—I relieved Renken at the wheel about 6 a.m.; it was just daylight, and I then saw blood all about the main deck, and the poop and the foreyards too—about three days before that I heard French Peter, Joe the Cook, Nicolas, Big Harry, and Young George too, I think, talking Greek—I don't understand much Greek; I know when they curse and swear in Greek, and I understand the word capitaine—on the Saturday night Joe the Cook said to me "Go and gallymount the three officers," and on Sunday night he said "Go and kill the captain and the two officers"—there was no pistol on board the ship, only a revolver, and that was broken; it had no bar, it had six chambers, but only one barrel.

Cross-examined by MR. SERJEANT SLEIGH. I did not go away in the boat with the other men; I stayed on board—a policeman came on board and took me in custody, and they sent me to prison—I heard Von Hoydonck speak in French to the French officers, and directly after that I was given in custody with the other men—I was on deck and called up the second watch, that was because the wind suddenly changed, and the weather became rough, it blew the ship round, it was a head wind—if it had not been for that the second watch should not have come before 4 o'clock—the captain was on check about three minutes before the men of the second

watch—he said to them first "Haul away those braces," and the second time he said "Haul away the main braces, sons of bitches, sons of whores "—I was behind the cuddy when I saw Big' Harry strike the captain—this was a three masted ship and I was forwards, an able seaman—I was behind the poop when the captain was struck—I did not see the captain strike anybody before Big Harry struck him—this was a Sunday morning—the captain swore at the men everyday, but I only once saw him sirike anyone and that was Lips—he shoved Lips and he fell down—that was four days after leaving London; I never saw any altercation between the captain and the men before that morning—the crew were generally well behaved up to this time, hard working men doing there duty, there is "Plenty of work on board a ship—there were only sixteen of us; she was a big ship and there were only eleven forwards—nothing occurred till' the captain said "Haul away the main braces"—I did not hear him call them soldiers instead of sailors—there was no quarrel and no fight—Lips only speaks Greek, and a very little Italian—he is a Greek—I do not' speak Greek; I speak all Italian—when Be spoke about the pistol he, was speaking Greek—I am an Austrian, and came from Funen—I speak very well, Italian, but better English—I speak Illyric—if anybody talks to me in Greek I cannot understand—I have not said that Renken was at the wheel when the captain was struck—Lips was at the wheel and he ran away from the wheel when the captain was struck; he let it alone—the captain was about five yards from the wheel When he was struck by Big Harry—he never fell down, he ran right round the poop—Lips left the wheel before the captain was struck—I had seen the revolver before, and knew that, it was Joe's, but I first saw it in Joe's hands on that morning, and he held it in the way a man would who was going to use it—Green, the boatswain, was then at some other part of the deck—I saw Joe 'the Cook offer Lips the revolver, and heard him say "You go and shoot the mate"—he forced Lip's to take the revolver in his hand, and I saw Lips go forward with the revolver after the mate, Joe the cook following—the mate went up the foremast, and' Joe and Lips were then in the middle of the ship—Joe-stood on the deck while Lips went up the rigging, the mate had gone up 'a long" time before—they spoke in Greek, but I understood what they meant—I certainly-told the Magistrate that Lips asked for the revolver to go and shoot the mate—I did not say before the Magistrate "I could not see if the shots hit the mate"—the mate went "Ah! ah!" four times.

Cross-examined by MR. W. SLEIGH. I said at the second-examination "The bodies had not been thrown overboard when Petersen and Charley Renken came out of the coal bunk," and I said On the last examination "Petersen and Charley Renken came out afterwards," that is quite' true—the boatswain told me and Petersen in France that they meant to get the ship to Greece and kill Renken and everyone of the seven men—the Greeks were to be left and everyone else was to be killed.

Cross-examined by MR. WOOLF. The first five were the men who were going to do that; I cannot say six—this was in a French prison—there was not much wind on the morning of 31st October, but it was raining; it was not very rough weather, but it was very dark—the captain said "Pull the braces, and main top the whole," but he did not call them bad names—I did not see the knife that French Peter put into the captain's head, because it was dark and I was a long way from him; I saw the blow struck, but I could not sec exactly what he had in his hand—1 did not hear

anyone tell Nicolas to put the rope round the door, but I saw Nicolas make fast the door, and he stood on the starboard side of the door—the captain had just been struck then—when the second mate asked the boatswain to save his life he had already been struck twice by Big Harry—Big Harry was not close by when the second mate said that, nor were any of the other prisoners; they were on the poop—I said at the police-court" The boatswain and the first five prisoners were on the main deck, and the boatswain shoved him away"—I never heard the boatswain speak, or say "Ican't save your life"—the boatswain did not go down the main hatch immediately after the second mate said that to him—all the time that the captain and the two mates were being struck I was looking on and seeing how they were killing them—it was the first time I had ever seen anything of the sort; it was the first time I had ever seen a man killed in my life, and I thought I should like to see it—I went forward because I wanted to see what they were going to do to the first mate.

PETER PETERSEN . I am a Dane—I can speak a little English, not much—I was on board the Lennie in the second mate's watch—the first mate's watch is from 12 to 4 o'clock, and the second mate's watch is below—we were called up to 'bout ship between 3 and 1 o'clock, I went on deck; the captain was then standing with the mate and the second mate and the boatswain looking to see that we were all there and he sent each man to his work—I was on the poop and he sent me forward to the gib sheet and Charley Renken was sent forward to look out—the captain called out "Bout ship" and we eased off the first sheet, we were going half way round and all the sheet was back and the ship would not go round—I did not hear the captain say anything, my attention had not been called to what was going on in the other part of the ship and nothing had attracted my attention—the chief mate was forward with me, he had not made any observation to me—the ship would not go round; the chief mate said to me "By God Peter what is the matter?"—I said "Idon't know"—he called the boatswain and asked him; he said "Idon't know" and he told the boatswain to go aft and see what was the matter—the, boatswain then went aft and came back and said "There is murder aft and everybody will have to look after himself"—the boatswain went midships again, the chief mate went up in the rigging and me and Charley Renken went into the coal locker—Joe the Cook then came forward with a revolver in his hand and asked me and Renken "Who is that up in the rigging "we said that we did not know, and then he went away saying "Greek, Greek, Greek," three times, and shot at him each time—I am not sure whether there were three or four shots—the mate went higher up the rigging—Joe the Cook said to me and Renken, "Don't you two be frightened, we won't kill you"—I saw nothing of what happened between Joe the Cook and the mate; that was the last I saw of them—the mate was still up in the rigging—I stayed in the coal bunk about ten minutes and then the Boatswain sang out for Peter and Charley—I did not go out the first time he called but I did the second, and we went amidships and saw the Boatswain and Big Harry—Big Harry wanted to get in to the car penter's shop but he had no key and he could not get the door off—he told me to go and bring him a marline spike—I do not know where the mate was then—the boatswain was waiting outside—I went and got the marline spike and gave it to Big Harry, who broke open the door of the carpenter's shop with it and took out a little pump which was used to wash the deck with—he then told Renken to go and take the wheel, and Renken

went aft and took the wheel, and the boatswain told me to go forward and keep a look out—I went forward and saw nobody there,' but I saw the first mate sitting on top of the foreyard—I saw nobody else then, but in ten minutes I saw some other man, not the mate, going up in the rigging, but it was too dark to see who it was—I did not see him do anything before he got to the middle of the rigging, and then I heard that he was shooting—I believe I heard four shots, but I am not sure—I think that was twenty minutes after Joe the Cook had shot at him—I do not know whether the shots took effect on the mate, but he came down at the same time while he was shooting at him, and he said "Oh!; oh!"—the mate came down hand over hand, and somebody who was there held him down on the deck, but I cannot say what he was doing to him—I saw that there were a lot of people on to him, but I do not know who they were—I do not know of my own knowledge who the main was who went up into the rigging after the mate—I did not see him come down—I remained on the forecastle—I saw Big Harry, French Peter, and Nicolas washing the ship—I saw a little blood, but not much—I saw the first mate thrown overboard—I cannot say who threw him pverboard, and I am not sure that it was him, but I saw somebody hauled overboard and heard a fall in the water—at about 7.30 Little George came and told me to have; my coffee and I went and had it, and when I came on deck again I saw morer blood, but not much, and Big Harry told me to take a broom and. clean it—I saw Joe the Cook and Lips cutting the name off the shjp—I did not hear anybody give the order for that—it was before breakfast—I saw the boatswain take the name off the boats, and heard him order them to do it, and I saw Joe the Cook and French Peter painting the name off the stern; when it was finished the men had breakfast—I was steering the ship for about two days; the boatswain came to me, and said "Peter, you must take charge of the ship"—I said, "No, I cannot take charge of the ship," and he went and told the five Greeks, and came back and said "You must take charge of the ship," and I took charge two days I gave up the charge because we came to French land, and they found out that it was not Gibraltar—French Peter came to me and said "You keep yourself quet, and don't say anything about it; I will speak to you by-and-bye," and he shoved me from the wheel and put the steward at the wheel—I saw the men leave the ship—I saw a revolver in Joe the Cook's hands before 31st October; and Renken was looking at it.

Cross-examined by MR. W. SLEIGH. Renken and I ran into the coal bunk because we were frightened for our lives—I did not go down into the cabin before I went to get my coffee—when I went into the cabin I saw the boy Troussilot and Jonny Moore—after I got into the cabin Renken came in—I was relieved by Angelos—I did not see the Austrian go the wheel to relieve Renken, but I heard from Renkeri that he had been relieved at the wheel by the Austrian—Kenken was told to hold the paint pot first and after that I was told to hold it—the steward, Renken, myself, and the boy agreed to leave the ship if we possibly could; we tried to do it three or four times, but we could not get any chance, because the five Greeks were looking after us.

Cross-examined by MR. STRAIGHT. The coal-bunk is about 18 feet from the main rigging; it is in the middle of the ship on the starboard side—it is on the deck, you do not go down any steps—I heard Little George say as they were going away in the boat "Idon't like to go, but they: have

asked me"—I did not make a statement at Rochefort—the French Commissaire asked me questions—I told nobody in the prison in England what I have told you to-day—I was examined in the presence of a policeman.

Cross-examined by MR. WOOLF. The Boatswain was among those who intended to leave the vessel with me and Renken—on the night the men left the vessel the Boatswain said to me "Peter, I am afraid those men will come-back—the Boatwain told me that he second mate had asked him to save his life, and that he said "Ican't save your life" and then went down the hatch—when I took the command of the vessel the Boatswain acted as interpreter to the Turks or the Greeks, and then he spoke to me—I came up to put the ship about between 3 and 4 o'clock——I never saw the captain or second mate after I left the poop—when I left the poop the Boatswain was not forwards, he was standing at the first sheet, I think—Renken, the Boatswain, and I went for ards.

Thursday, May 4th.

MARIE BIRARTOT (interpreted). I am the wife of Jacques Birartot, of Le Harriette, in the Department of La Vendee—On the 9th November last six of the prisoners came to me, the furthest one (Cargalis) said they were sailors and they bad been shipwrecked—they remained there till about 6 o'clock in the evening, three of them then went away, the rest remained during the night—next day the Garde Maritime came to the house—I did not hear what passed—before they left Cargalis gave me this photograph (produced)and these three stones—I afterwards gave them up to the Garde Maritime.

NATHANIEL DRUSCOVITCH . I am chief inspector of the detective force at Scotland Yard—on 31st December last I received a warrant from Bow Street against eleven persons for murder on the High Seas—I was with Superintendent Williamson at Calais when the eleven persons then in custody were handed over to us—the prisoners are some of them—the French authorities handed me five sealed packages which I produce, they are all marked and sealed by the French authorities and the British Cousul.

Cross-examined by MR. SERJEANT SLEIGH. The names of the three persons who were in custody and are not now charged are Guiseppe Lettis, Peter Petersen, and John Salvos Mores.

Cross-examined by MR. W. SLEIGH. Renken made a statement to me on board the boat coming over—he also made another statement to the Treasury solicitor at the House of Detention—I took a note at the time of the statement he made to me on board the boat, and I have it here—he said he had acted as he did act under terror of the Greek sailors.

HEINRICH VON HOYDONCK (re-examined). The photograph produced was in the captain's album, and these stones belonged to him—I have looked at the contents of these five bags. (Mr. Woolf objected to the contents of the bags being given in evidence, as they were not traced to the prisoners. The Court considered the objection good, the contents of the bags not being traced to the prisoners.

MR. WARNER SLEIGH submitted that there was no case against Renken on the charge of murder; he was not charged as an accessory after the fact and could not be convicted of thai offence under the Extradition Treaty, by which it was provided that a prisoner could only be charged with the crime for which he was extracted. THE ATTORNEY-GENERAL concurred in that view, and as the evidence against Renken was hardly such as to justify his conviction he with drew the case against him . MR. WOOLF and MR. STRAIGHT submitted that as to Leosis, Green. Carcaris, and Angelas the evidence was not sufficient to go to the Jury, THE COURT, however, ruled that as to them there was evidence for the consideration of the Jury.



THE COURT awarded the sum of 50l. to the steward, Von Hoyconck, for his courageous conduct.

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