English Extracts.

Hawke's Bay Herald, Volume 3, Issue 117, 17 December 1859, Page 5

English Extracts.

FRANCE AND ENGLAND— REMARKABLE - RlGiii'-HAJSiJ MAN. Close upon the addresses of the CouncilsrCrenerai to the Emperor follow the speeches of the Presidents. That of M. de Moray, President of the Puy-de Dome, has a speciality of interest fur English readers. It runs as follows : — Gentlemen,— Each session of the Council-General opens under diiiorejt auspices. Upon every fresh occasioa 1 seek to learn your wants, your h)pis, your disquieoiJes, in order that I may speak to you of them as a friend in whose words you ha^e always placed confidence. You have shared the enthusiasm excited by our victories, you have shared the universal gratitude of France for the great moderation of the Emperor ; bu&, at th- same time, you can with difficulty explain to yourselves how this manifest desire to avoid a European conflagration should, in England, have inspired the newspaper articles, the Parliamentary speeches, and the armaments which have been the consequence of it. You are of course aware of the reasoning by which the English explain their apprehensions. First they say, '"Our press is free, the French press is not, therefore, insults have uot the same character coming from one as coming from the other." Error the first. There are in France no means of preventing a newspaper from publishing what it likes. The only arm which the Government has against the press is that of warnings with alleged reasons, and suspension, which are repressive measures. The English add : — The Emperor cherishes ia the depths ot" his heart a desire to avenge Waterloo and St. Helena ; he only concluded peace with the Emperor of ltussia to make an ally of him — lie only acted so generously towards the Emperor of Austria to make a iVieud of him ; and with the aid of this two-fold alliance, he calculates upon attacking England." I think my opinion up;m this matter in a few words will be neither out of place nor inopportune. We live in times wherein the hatred of castes' and families has given way before the softening effects of our manners ; much more, then, have national hatreds and prejudices been stifled by civilisation. New generations have something else to do besides avenging the past ; they are too enlightened to have any motive beyond the interests of the present and the future, j The Emperor and the present generation of Frenchmen are not of those of whom it may be said * k they have learnt nothing, and forgotten nothing." With regard to this generous conduct towards the two Emperors, it appears to me that to attribute it to the speculative ends above mentioned is to reduce the settlement of the great interests of Europe to the proportions of an unworthy theatrical intrigue, and to debase the most elevated sentiments which Gud has placed in the heart of a Sovereign for the benefit of humanity. Nobody can estimate so well as myself the loyal faith of the Emperor, and his pacific intentions ; for when he did. me the honour to send me to Russia to renevv relations between the two empires, the part of my instructions which predominated over all others was this — to lei no blow be ahred against the English alliance ; and far from seeking to divide the great Powers, to point out, on the contrary, that if they had the good sense to be united, and to have a mutual good understanding, all the petty difficulties which arise ia Europe can always be peacefully resolved. Need 1 recall the events which preceded the weir with Austria to prove that while the Emperor Napoleon desired to cLliver Italy, and to clear the frontier •of France from the Austiian pressure, he •would rather have obtained this object by a congress than by a war ? The condition and the situation of our army at the moment of the 'ultimatum' of Austria sufficiently prove it. And if the English statesmen who now think enough has not been done for Italy, liad expressed the same sympathies before the war, it is probable that the affairs of Italy would have been settled by diplomacy. I repeat that, after all the. Emperor has said and done, to suspect him of darkly preparing, without any motive beyond ancient grudges, an enterprise which would completely overthrow all the greatest interests of the world, and inflict the most . fatal blow on civilisation, is to doubt his word and his heart as a 'Sovereign and a man. Nor do you believe it. v Alas, gentlemen, perhaps in England also, -those who disseminate tho.e. alarms no more believe than you or Ido ! But by the exciting of national susceptibilities — ? by flattering-popular instincts — newspa T pers may gain publicity and political ora-i

tors popularity. . Nevertheless a great wrong i» done, for the two countries are set one against the other ; vague suspicion is excited ; and the consequences may be that one. day some trifling incident— some misunderstanding which niigh easily be arranged when the relations were satisfactory — may become a serious complication where there exists a condition. or mutual susceptibility. But 1 doubt not time and the determination of the Emperor to urge France forward in the occupations and labour of peace will get the better of these chimerical alarms. This, gentlemen, is the sort of war we must wage with England; let us resolutely finish all our means of transport and of circulation ; let us bring them into communication with our coai-pits ; let us lower the prices of all our raw material, and all our manufactured goods ; let us imitate the English people in that respect wherein •we are wanting ; let us seek strength in the spirit of association, instead of always having recourse to the support and assistance of the Government ; let us learn how to make use of credit ; let us endeavour to conquer arid to keep, by the prudent use we make of them, those liberties which make man the absolute master of his own property, and which have no limits but the evil he may do to others. Yes, let us wage with England an industrial and a commercial war ; let us engage with her in a struggle of progress and civilisation, loyal, avowable, and profitable to all. This is the wish of the Emperor ; let us second his efforts ; already the amnesty is a work of pacification, which is the prelude to the system on which we are about to enter. Let us hope it will be thus understood by all the world, chiefly so by those who are its objects.

able, he was weak; he went up to the. top by himself; I have seen the mate beat Muir more than once, because he had not been on deck in time; the captain beat the boy from the foremast to the mainmast whilst Muir was living in the long boat \ he kicked him violently ; it was about fifteen yards from the foremast to the mainmast. By the Court — Muir stopped and asked the captain not to beat him as he could not go on any faster. Examination resumed — This was when he was ordered aloft ; he never used his right arm freely ■.after his fall; the boy was laying on the oars which were laid on thwarts of the long boat ; the long boat had from twelve to eighteen inches of water in it on the 17th August; I was down in the half-deck when the captain ordered Muir on deck ; Muir said he was not able ; the captain told him if he did not go up he would kick him up; Muir went up and the captain followed him; this was about eleven o'clock ; I was on deck from twelve to four ; I saw Muir finish washing ; he finished washing about a quarter of an hour after I first saw him ; Muir wa3 not able to put on his clothes ; during the quarter of an hour that I saw him he appeared insensible, he was all of a shake ; the mate never gave me any orders about Muir ; never said anything about him to me. Cross-examined by Mr. King — Muir was on board at the time I joined; he was middling clean. ' .By the Court — T joined the Bhip on the 2nd of May. Cross-examination resumed — Muir was on board all that time ; I berthed in the same place with Muir : no complaints were made, to my •knowledge, by myself or others ; he was middling as to dirt ; he was not lousy in dock, he was so during the voyage ; no one, to my knowledge, complained of his being lousy on the voyage ; the s boy was sent to the long boat because he was lousy; it was not Btated by those on the half deck, that if Muir did not go out they would ; Muir sold some of his clothes whilst in dock ; I do not know what part, I think he sold some of- his bedding ; apprentices have to find their own bedding ; Muir was not so quick as the rest from the beginning of the voyage, because he had not the powert o be so ; Wilson was present when I saw the captain kick Muir ; he did not tell me what I was to say ; the crew, during the washing, were some on deck and some below ; they were not all on deck, the port watch was below ; I asked for my discharge when the captain and. mate were committed ; I asked it from Mr. Stuart ; no one advised me to do so ;on the day of the washing I was laid up for part of the day. By the Court — About three parts of the crew remained near' where the washing was going on for five or ten' minutes. •»',.-' Auguste Ohen — I am, aMx>rwegian, a seaman on board the " Snaresbrook ; " I was at the wheel from 4to 6,. on Sunday. the 14th August; Muir ■was not on d^yk when .1 went to the wheel, but came on between five aadsix with the mate. (The witness then described .the pi % ocess of tricing the boy to the rigging, cOErcborating the evidence of preceding witnesses.) {, Did not see whether he rested on his feet or not. By the, Court — The boy had complained of being bad, sick, before that time. Examination-resumed — He was not very well treated ; he was rope's ended more than the other apprentices ; I never went into the long boat to 6ee where his bed was. Cross-examined by Mr. King — I have had no conversation with anyone respect ing my discharge from the vesse]. . George Frederick Harris, examined by Crown Prosecutor — I was a passenger on board the 'Snaresbrook" ; the boy Muir seemed in a good state of health, soon after we left ; the captain and mate appeared stricter with Muir than the other apprentices ; I have seen the mate strike him on sundiy occasions, such as a box on the ear ; on one occasion I saw the mate strike him with a rope's end ; I remember the captain ordering him aloffr while he was living in the long-boat ; the boy seemed reluctant to go, the captain said he must go ; the boy moved about very slowly about this time as if he was incapacitated ; I never remember the mate ordering him aloft ; I recollect on one occasion the captain ordering Muir aloft, and the mate cried out for him to be sharp $ the boy was very slow and the mate ran up after him, took a rope and told the boy to fasten it round Ms waist, and he then hauled him into the top. By the Court — When the boy fell from the gaff the captain seemed very anxious about him ; the boy was brought into the cuddy, he seemed fainting, the captain gave him some spirits, he expressed his fears that the boy had hurt himself, and was "going for his pillows, but said that as the boy -was lousy he had better not do so ; he showed great care .and kindness to him ; I have looked into the long boat while the boy was there; on . one occasion,- shortly after he was put there, he complained to me ; I had asked him how he weathered it in the long boat : he said it was very cold, and if he were kept there much longer lie would die. By the Court — I did not communicate this to ■ the captain or mate. Examination resumed — I once saw his foot; the leather had given way and was turned and ■was working into a sore ; I recollect, I think it was on a Sunday at breakfast time, somewhere about eight o'clock, the mate said to the captain ' "I have had the boy Frank tied to the rigging," the, captain made no comment that I remember ; I remember the boy , washing himself on deck ; it was not very long before that the statement was made to the captain by the mate ; the boy seemed in an unhealthy state at the time he was washing, he had dark marks tinder his eyes; the weather was sqnally with^fine intervals. By the Court — The reasons why I did aot mention the complaint of the boy about being kept in the long boat, was that I did not see them for some time, and next morning when I saw the mate the boy Had Blept in the longboat "the night before, he said he had not, that he had told one of the apprentices to invite him down to the half deck as if unknown to Him.

Cross-examined by Mr. King— Before the boy ■was ■ put in the long boat, the weather being cold at the time, Muir told me that he should ask the captain to allow - him to sleep in the long boat on account of the persecution he endured down on the half deck. Enoch ■ Odling, cross-examined by Mr. King, without examination in chicf — I am boatswain and second mate ; 1 shipped as boatswain j lam only boatswain and acting second mate; I had no conversation with any one last night about the evidence I was to give to day ; I had no conversation with any of the crew regarding leaving the ■vessel ; Ido not wish to leave the vessel. By the Court — I am not aware that there was any conspiracy on board the vessel in order to obtain our discharges ; 1 never heard of such a proposition being canvassed on board the ship. Alexander Johnston, examined by Mr. "Ward — I am a member of the medical profession, practising in Wellington ; I have heard the evidence relative to the boy Muir ; I should think that his death had been accelerated by exposure to cold, but I cannot pronounce an opinion as to the cause of death, the appearances are those often seen after death, even, ever so short a time after — a suffusion of blood under the cellular tissue ; I cannot give the cause of death, but I think that exposure would accelerate the death. By the Court — I do think that the washing alone would have accelerated death to a person in a weak condition ; I do not think the washing and exposure would have killed or materially injured a robust boy ; I think, after a boy had lived three weeks on deck, and had the same symptoms as exhibited in this case, that one washing would accelerate his death ; I think that if a robust boy, triced up as described, on Sunday, and then washed on Wednesday, if he had recovered from the tricing up, that the washing would have accelerated his death ; I think that, in the case of a boy triced up as this boy had been, and in a similar state, the washing would not necessarily cause, but would accelerate his death ; I do not think that the tricing up, in this instance, was the cause of, or accelerated the death ; Ido not think that the washing,. after the antecendents I have heard, would produce death ; I think it possible that it might probably produce death, and that it did accelerate the death of the boy. Marie Kebbell examined — By the Court — I am a Member of the Boyal College of Surgeons, London. I have heard the evidence ; Ido not think that the washing, attended by the surrounding circumstances, would, in the case of a robust boy, have produced or accelerated the death of the boy ; there was some danger in it ; I think that the washing, in the case of a boy so exposed, and exhibiting the same symptoms as the deceased, would have accelerated his death. I think that in the case of a healthy boy, triced up in the manner described, and the weather such as it was, the tricing would have accelerated and possibly might have produced death ; I cannot give an opinion as to its probably causing the death ; taking the whole of the evidence as grven of the fall and treatment, I think that the washing, as such, in combination with the other circumstances, conduced to and produced death ; I think that the tricing up was the most severe ; excluding the tricing up, I have no opinion whether the rest of the treatment would have produced death, I think it would have accelerated it ; I have no doubt that, taking the whole of the circumstances, that they were such as to cause death. This closed the case for the prosecution. Mr. King, for the defence, contended that there was no evidence to support the indictment, and also that there was no allegation showing that the prisoners are British subjects. The Court decided against the latter objection, as being unnecessary. \ Mr. King then addressed the jury for the prisoner John Straker, in a long, able and energetic appeal. Mr. Haet, on behalf his client Charles Straker, made an eloquent and judicious defence. His Honor then laid down the law of the case pointing out in a lucid and intelligible manner the difference between murder |and manslaughter ; he then proceeded to recapitulato the evidence, commenting in severe terms on those parts of the evidence bearing directly against the mate Charles Straker, and afterwards commenting on the evidence adduced against the captain, John Straker. The summing up occupied nearly four hours, and the jury retired to consider their verdict at halfpast eleven. The jury, after an absence of three hours, returned into Court, when the foreman stated that the verdict of the jury, in the case of John Straker, the captain, was " guilty of manslaughter on the High Seas," and that they had found the mate, Charles Straker, " guilty of wilful murder on the High Seas." The Court was then adjourned to Monday, at 10 o'clock.