WILFUL MURDER ON THE HIGH SEAS.
IlEai.N-A V. JOHN AJiD cuaiiles stuakbb. ,-.i 1 -°!- I> '' A a" CI,AI "' ES STitAitmt, late Captain and Uuef Oflicet- of the barque Snaresbrouk, were placed at the bar and charged with the wilful murder, ou the high seas, of one Francis Muir, an . apprentice on board the said vessel. A second count in the indictment charged the prisoners with tlw manslaughter of the said Francis Muir. Each prisoner in a firm tone, pleaded " Not Guilty." Mi-. Brandon (as usual) with whom was Mr. Waiid, appeared for the prosecution. Mr. King appeared for the prisoner John Straker, aiid_Mr. ItoiiEiir Jlaut for Charles Straker. Mr. ICi.vo, previous to impaunelliiig the Jury asked the Court in the prisoucr.i'.vcie separately defended, although on their trial at the same time, whether each, under such circumstances, could exei-ei.se his right of challenging separately? ills ll'oxoi- conceded llie" application, pointing out however that by Colonial Legislation (the New Zealand Ordinance) in this matter, limited the right, to Hix peremptory challenges on behalf of the pannel. Mr. Ki.Na, on the Jury coming to be sworn on behalf of John Straker. challenged the following gentlemen, namely—Messrs. David Dick, Amos Fisher,, Joseph Dodge, Samuel Drydon, Conrad Deihl, and Cornelius Fi-dier. Mr. llaht, on behalf of Charles Straker, challenged Meisrs. Abraham Dowsett, James Fisher, and Samuel Staoey Downes. All witnesses were ordered out of Court. - The following Jury were then sworn, Messrs. Henry Doming, (foreman), William F-aweett, AVilliam Dunn, Hubert Donald, Patrick Donelly, John Duck, Edward Dixon, Joseph Dixon, Thomas Fumiagcr, Joseph Dodds, James Donald, and William Donald. Mr. King : the Jury having been sworn, took an objection to the indictment but the Court overruled the point, urged by the learned Counsel Mr. Biiaxdon- then proceeded to open the case for the prosecution, commenting on the grave responsibility of patiently and impartially investigating a charge of so serious a nature, it being the highest crime recognised by law. After pointing out what the law defined murder to be, and giving a synopsis of the facts which he 6tated he should be in a position to prove, the learned Counsel proceeded to call the following EVIDENCE. FitEDEiucic John English, being sworn, stated, —lain an artist residing in Wellington; have been requested to go on board the barque " Snaresbrook " to prepare plans which were now produced in Court; 1 have been accustomed in England to make plans. The drawings now before tlie Court are perspective and plans. The one is a drawing ofthe deck ofthe " Snaresbrook" with tlie boats packed thereon, and the other is a plan of the said" boats, to scale. I found the boats as therein represented ; they were pointed out to me by tiic .second mac; they were packed just previous tv the " Snaresbrook" sailing for Ahuriri ; I drew tin; plans previously to the bouts being packed. Cross -examined hy Mu. Kino.—To tha best of my belief und ability, the plan produced is a correct one. The under boat is the long-boat mid the upper the pinnace; theboats in the drawing marked A, and those represented in drawing B; are precisely to same scale: one is in profile and one in plan ; tho boatswain was with tne when I measured the boats; I. saw many of those I have seen ouwide the Court, on board while 1 was there; my drawings are perfectly correct, with regard to the niizcn-garY; the distance from the guff to the deck from the end of the chain is thirty-rive feet; 1 am sure of tai.; for 1 myself measured it three times. lit the Coutrr.—l did not measure the gaff itself, but only from the particular spot pointed out to nic by the men on board; I did not take the measurement of the poop, my attention was not called to the half-deck; the drawings 1 made hud only particular reference to where the boy fell from and boats in which it was said he lived; tho difference between the gunwales ofthe boats is eight inches, tho long-boat was the broadest; the pinnace did not quite cover it; the lower boat was six feet eleven-inches a-midship, the pinnace five feet ten inches at the lateral point, leaving thirteen inches space as wanting completely to cover the lower boat. William Aoolwiiis Wilson—By Mr. Brandon. —I am a seaman and served iv that capacity on board the barque Snaresbrook on the voyage from England to New Zealand; the prisoners at tho bar were respectively Captain and Chief Officer of that vessel; there was an apprentice by name Francis Muir on board the vessel; I cannot say exaetlv what his age might have been, but I should judge "he was LC> or 17 years old; the boy seemed to be in good health when I joined; we sailed from England on tho 2'Jth of last May ; the general treatment by both c.iptnin.i'.id mite, ofthe boy to (lute you mention, namely, tho first. July, was ininy opinionharsh; there was a difference between the treatment Muir and the other apprentices on board tho ship experienced ; the, captain and mute seemed much stricter with him than with the others, though I did not notice any particulars until the Ist. of July; the boy fell on that day from the mizen-gaff; I* did not sec him fall, but I saw him after the foil when ho complained of his shoulder; a few minutes after 9 o'clock I heard the mate order tho hoy to loose the peak of the mizen, the night was very dark anil the weather inclement; 1 saw the boy three hours after he was carried below, ho complained of Ins shoulder and knoo; it was Muir's watch on dock at tho time the accident happened, he being in the mate's watch ; he did no work for three day.**; when I saw him platting siunot on the port side of the deck ; ho had been put to this \vn;k by order of the mate; he complained of his shoulder, it seemed to me bruised and swollon, though I do not think there wore any bones broken ;t he hoy was in his berth when the mato pulled him out and ordered him on deck ; tho mate ropes' ended him; the rope was a two inch rope, but I do not think many blows were given or any great force usod ; thecondtict ofthe captain and mate from this time to he boy's | death was extremely harsh, driving him about, and making him do a deal of Work that was unnecessary ; they beat him with their hands, feet, and ropes; their was scarcely a day passed over that he was not beat by the mato; he was beat a good deal more by the mate than the captain ; ho only remembered ono or two occasions on which the captain ill-treated tho boy; tho boy was obliged to use his arm, but he complained of it veiy much ; he never recovered tho use of his arm ; the boy slept when ho first, went on board down in the half-deck along with the other boys; bo took his 1 meals there too ; he was turned out of the halideck a short time aftor the accident; it was about -i or live weeks before his death; the captain gave the orders for him to be taken out of tho half-deck and nut iv the long-boat; tbe mate having complained that he was so very dirty that the otuer hoys were getting dirty also; he saw the state of
If iS IV " T a "' ty , ; * 8 other bo *v* oi„,,,.hi„ed 1 ' h"? !°T 5 th °. re WIW a l'»' na '"*on the Juv\-f' S i' oa V' tho I" tt " l"'od-ieed was exactly like it; the boy got in at the bow of the >oa ,he v , , fl to v.. on . -lo .ot remember to have seen any bedding in the long-boat, but an old woolen rug, sometuing ol the nature of a lUilway warper but, veiw T"' ! '"r 1K,0111 , a ~ hui,lea;y «•>•** «u'fa>Z l,w "'" ; , h . e had o;i w],,in l» w •»»' i'> the king-boat a shirt, trousers, and cap; ihe boy c'.i.i;.lamed to me of cold, and the weather was very severe blowing and snowhg-; the boy rtmained in the long boat 20 daysorfhree weeks; tlie no/ could not stand upright in the boats witho.tt hunt ing m water of which there was from 28 to - -0 inches in the long boat; the b">y complained during tins tune of his feet and legs, I saw them about some 14 days after he had been living in the boat as described and they seemed full of ulcers; I heard him on one occasion ask the captain before he went to live in the long boat for sometlung for his feet and legs, the captain at first did not believe they were sure but on seeing them promised him something and told him at the same tune if he would keep his feet clean they would get well, there was no medical gentleman on board the ship, I saw the sores three or four times, they were round and bad eaten into the flesh.' red round the edges and-white in the centre, there were some six sores altogether, one about the size of a two shilling piece and the others smaller; at the time he shewed the sores to the captain there were three on his left foot; they were similar to what I afterwards saw but not so large nor inflamed ; I noticed no other colors about the sores than red and white ; when he got out of the boilt of a morning he seemed very tired, trembling and shaking a good deal, and much more than the others of us who were exposed to cold, yet I never heard bim remonstrate with or complain to the captain of being obliged to live in the long boat; on the 13th August at night he went into the half deck which is elo*,e to the forecastle near the foremast I was in the forecastle ; next morning I saw Muir who was in the same watch with myself; I saw the mate come into the half deck with the boy, about 20 minutes to five o'clock I do not know what transpired in the half deck; I heard the mate tell the boy to go aft on the poop; tho boy asked time to dress himself; he was told by the mate in reply to go ou deck immediately ; he had nothing but a cotton shirt and a pair of duck trowsers on, no covering on his head or feet, the weather was very severe, there had been sleet that morning: his shirt aud trowsers were wet when he came on deck ; he went af. and thema;e followed: Ido not know if the mate had anvthiug in his hand, when I went o.i the peco at "(5 o'clock to relieve the helm I saw th-; boy' made fast to the lee uiizea rigging on the starboard side, he was fattened' to the shrouds, his arms stretched out, his toes only and about half of ci;'a I foot resting on the deck,"his aims extended and his hands higher than his head, I noticed the I description of rope with which he was tied, there was a close hitch round his bre-xst and each wrist, and the end of tbe rope round the shroud, the rope passed round his waist quite slack, his whole weight seemed to be suspended on his arms; the ship was lying over; his back was against the shrouds, he was far more exposed on the lee mizen rigging, than he Would have been on the weather rigging; I saw the mate on the poop, this was while I was nt the wheel, I heard the boy ask' the mate leave to go forward and ease himself, the mate refused to-let him go; he said 'no I will take the d—n soldiering out of you,' by soldiering is meant skulking; the boy repeated the request three or four times but was refused; about 20 minutes to eight he Was taken down by an ordinary seaman!)}" the mate'sorder; he was then told to go and help to pump theship out; the mate said if he had not wanted Muir to assist in pumping the ship he would have kept him in that position until noon; tbe boy fell on bis knees I when cast loose; beside the mate, one Richard Waters was present at the time, I saw Waters cast I the boy loose and offered to assist him when ha i fell; but the mate said ' Ist him alone the d—n soldier, 1 I saw the hoy leave the poop he crawled I along the deck he went down the lee aide and I | remained at the wheel until eight bells, at 9 , o'clock he came up with al! hands; the boy was I working at coiling rope in tho water from fl..'clock I to iib.utt llj: he was trembling all over during the ri.ne; he was sent aloft to help lo reef the main top-sail; saw him again a little after 12 o'cl ick, lie was then sitting close to the galley; at i o'clock lie was called aft by the mate to pump the siiip. which after being called several times he did, dragging himself along; the weather wii* very bad indeed a', the time ; the mate culled from the poop to the boy, " why don't you come aft and help to pump tiie ship;" the boy gave a foolish laugh or grin, and said something which was nothing to the purpose; he appeared foolish; the mate desired him to goforwardagain; he was assisted forward, down tn the half-deck ; saw the boy the, same night, he was lying down on thohab'-dsek on the sails which were wot; this was on n Sunday, the llth, and he remained below until the following Wednesday morning, J.Ttli August; I had seen bin*, two or three times in the meantime, and when I spoke to him he rs.-ilied in a similar foolish manner.: before the tricing up he .seemed a rational and intelligent boy; lie had no bed in the half-deck, apprentices are expectid to find their own; on the Wednesday in question the captain went into the half-deck and ordered Muir to go on deck and wash him.elf: he asked permission to wash below, the captain Ra'd he should go on deck: after a deal of persuasion he consented to so on deck, the captain followed him up the ladder, and went into his cabin ; when the cantain's back was turned, he (Muir) returned into the half-deck without washing himself as ho bad been ordered: about ten minutes after this the captiiin returned to the half-deck, he said something to the boy, but I do not, know what; tho ; captain drugged him off the sails on which he was I lying, nnd kicked him behind up the ladder on i the deck : this was about the middle of the fore- ! noon, and in the mute's watch; the weather was : very severe. snowing and blowing hard ; the cook, ! (lO.Vge Midi, by the captain's instructions, got a I lnicl;J* of w iter to.' the boy to wash himself, and ■ thocvptatii de-ired the boy to pull his shirt oil", I and lie gave him v piece oi' canvass to scrub hitnj self wit!?: the boy was shaking as if ha had tho ague at tho time: tlie mate was presenj, ho could I hear Ihe orders: after he iud been washing for • some time, the optnln told him to pull his trowI ears oil and wash his leg-*; he had been about iwar.tv minutes wathing himself when the witness ! went "nit-; when I came :orward about twelve o'clock ho was lying on the dock with his head loaning against' tha galley, bis trowsers were hanging about his feet, and' he was quite naked; tho riiate said to him "give ovor shaking you damned wretch;" tho boy was then leaning ai'iiiint die foremast; tho mate said if he did not be would have'the head of a cask out and put him in; this was before witness went aft; when tho witness returned at eight bells the boy was.loaning against the galley and fore-hatch, foaming at tho mouth ; he was" there whan he returned from dinner ;ho was carried down the aft-hatch by the cook and Waters, he being then quite naked ; ho had no other sores on his body that I could perceive, but the ulcers alluded to on hia logs and feet, which had a bad smell; I i-aw him next about eight o'clock iv the galley, trying to eat a little gruel, which he was unable to do; scattering it nbout his mouth and neck; r-aw him again at four o'clock on Thursday afternoon, the 18th, he was then quite insensible; saw him on Sunday, the i Ist, tiie cook and George Haggart were with him; he wm then lying on two cheats with an old sail for his bed ; saw him dead the next day about half-past six in the alternoo.i lying on the chests; there was a very offensive odour from his body; I the same evening throe of them rolled the body in the sail and brought it on deck; the next morning ' tho captain read prayers over it, aud it waa thrown I overboard.
Citoss-EXAMrxEu by Mn. Kisa.—l joined tbe vessel and signed articles on the 28th day of May at Woolwich ; the decased, Francis Muir, was oh board when I joined; I do not know tho tonnage ' of the vessel, at a rough guess it might be from 400 to COO tons; I havo been eighteen years at sea, but I am not able to say whether for tho size ofthe " Snaresbrook" -die was eflioiently manned; there Were seven able seamen, oiie ordinary seaman, five boys or apprentices, cook, carpenter, steward, captain, mate, and second-mate, in all seventeen, sbtds; there was also a passenger on board, a Mr. Harris; 1 was in the second mate's watch at the begining of the passage; his name was Enoch Oldling; Muir wis in the chief mate's watch; my watch Was changed into the chief mute's watch shortly after we had sailed from Woolwich, but for what reason 1 cannot say; I suppose it is optional with tbe officers of a ship to change the men in their watch; I was not asked as to whether I would like to change or not, and no reason was assigned to me for so doing; 1 had had no quarrel with the second mate, and 1 made no complaint to the captain ; I did not either by word or action refuse duty while in the second mate's watch ; on one occasion I remember I refused t<> take the wheel, before 1 was changed into the first mate's watch, because I thought tho boys could have aided in discharging part of the night duty; they were only kept to the wheel during the day, while the men in tho watch had always the night work; there was seven altogether in his watch, there were two boys, ordinary seaman, two able seamen, the mate, aiid myself; the boys were Phillip Cannell and Henry Scott; there "was no one else in the watch; I had no quarrel with the captain, mate, or any body else on board the " Snaresbrook," ; I 6wear this"; I shipped on board to get a living; it was no object with me in shipping on board to get to New South Wales; I have not, that I can remember, ever stated to Waters that such was my wish and intention; I do not remember having any conversation on this particular subject; 'I know the carpenter, John Cole; I did not tell anything of this sort to Waters in Cole's presence; during the voyage I might have spoken to Waters about going to New South Wales, but I do not remember; we left Woolwich on the 29th May, and arrived in AVellington on the Sth of September; on the morning after we arrived I requested to be allowed to go ashore and see a magistrate, without intimating what for; I then said I would not work until I had seen a magistrate ; I went aft with all the seamen, except the boys, we see the captain ; he went on shore after breakfast about 8 o'clock; we were taken on shore by the Sergeant-Major of Police on a charge of breach of duty ; not one of us were dressed in our Sunday clothes; one of us, Haggard, made a complaint against the captain on that occasion; the magistrate told us we rnu.st.go on board again, which we did; none of us worked for two or three days after that; heard no orders given that I should work ; nor did I hear any orders given to that effect with regard to any* of the crew by either captain or mate, who were both onboard; the complaint I made to the magistrate was about the boy Francis Muir, and it was in writing; the paper produced is the paper in question'; the captain was present when I handed it iv to the magistrate; the paper is my hand-writing; I wrote it from time to time during the passage; with re-ference-to circumstances after the Ist July, I will most distinctly swear ft Was not all written at one time; the events therein narrated were entered as they occurred or as I was told them; I began the paper on the day after the boy fell from the gaff; the paper is headed " Traitsiiclioiu which have occurred on board the barque Snaresbrook, on her passage from London tv New Zealand, thtreby causing the death of Francis Muir, an apprentice ;" I explain the heading by saying it was added after the boy's death ; I swear the events occurred as entered; I swear the Ist July was not written nt the same time a3 the heading; ofthe heading the portion of it as far as the words " New Zealand," were written during the passage, the remainder after the boy's death. The Coubt here ruled that If this d-jcain.'nt was put in and used for the defence the prosecution would become entitled to reply upon it even in the absence of any witnesses for the defence. i'he Magistrate ordered myself and crew to return to work on board the " Snarebrook," but we did not return to duty, and determined not to work till some enquiry was made, we were three or four days without working; we were taken before the magistrates again to give our evidence against the captain in the case of Francis Muir, two days after we went aboard; I do not remember that 1 had any talk with Haggard, or any of the crew, on the subject of the charge; never told Richard Waters that if the charge was pressed against tho captain ho would get his discharge ; never asked him to leave off work; hod a great many relations in New South Wales; never told Waters that if he would'leave off work and go with me to New South Wales, that ho should never want a day's work; had been imprisoned for objecting to go to Ahuriri; there were four of us that objected to go to Ahuriri; I might hove said that I was anxious to go to New South Wales to see my friends; on the voyage out the pinnance was capsized on tbe long-boat; W*ii9 not sure that they Were not disturbed during the passage out; the boy was not dirty at the time 1 joined the ship; Muir was about 5 feet 7 inches; 'Waters was about the same height; the boys lived in tho after deck with the carpenter and cook ; the rest of the crew lived in the forecastle; the after deck was between the forecastle and fore hatch ; there was a division called a bulkhead right up to the deck between the after deck and the forecastle ; on the occasion of Mair being triced up the watch ought to have been on deck at 4 o'clock; I went to the wheel at 6 o'clock; it Was getting day-light; had seen the captain strike the boy on one or-two occasions.! a man named Antone was tho only one who was present when Muir showed his sore feet to the captain; it was in the first dog-watch, that was about four or five o'clock in tho afternoon ; I do not remember any one else being present, this was after he fell from the gaff; when he fell I was walking about the fore rigging, abreast tho galley; I saw the boy after his fall in the half-deck'; I am aware he was taken into the captain's cabin, but I did not see him there, nor do I know what took place; It was some time after we left that I heard complaints of the boy's dirty habits; Bell the cook complained; the boy was lively up to his accident; I do not know where his sleeping place was in the half-deck; tbe carpenter never complained to me of the boy ; the ladder that went down to the halfdeck was a common piece of wood with small strips nailed across. By Mr. Hart,—-Although I have been eighteen years at sea I cannot 6peak as to whether tho " Snaresbrook : ' carried her fair proportion of hands; J I have been in several ships, and yet I never formed any opinion as to the number of hands a vessel j should cany, in a vessel of the size of tho " Snaresbrook " we could not conveniently sparo even one band; I should imagine that the mate receives his instructions from the captain, and. acts under lib) j directions; I never drew tho attention oi' either the ' captain or mate to tho boy Muir's dangerous condition ; I was not awaro of possessing any authority or influence with th* men on board; I did not perceive that they in any way deferred to r.iy opinion; I never wished on tho day after the boy's death for the crew to complain about tho matter; I never mftde any proposals on the matter; I drew up a declaration on this subject, but it wa« not for the purpose of getting it signed by the crew; I completed it on the 22nd day of August, tho ■ day of Muir'e death; I never myself personally remonstrated with the captain or mate respecting their treatment of the boy, but I believe others did; 1 never Bhowed or mentioned this pare: on my passage down from the Ahuriri; 1 have used no exertion to"induce others to sign the paper; 1 did on one occasion, I recollect, ask August .Olson tp sign tli3 paper, but never held out any promise that if he did so he would get hia discharge. _ RE-ExAitixEDDrMa. Brasdos—l noticed tbe conduct of the boy Wators to Muir, they were
I not friendly, though I did not observe any ill usuageon the part of Waters; Waters was very thick witn both the captain and mate, and was a great favourite witli them both; I saw Waters thii morning, hi came down in the st.'rarer from the Ahuriri, the same time as myself; although I'jmide no repre-ientations either to the cutainor mate with regard to Muir, 1 thin!; they must liaye no. ticcd it thcuiiclves. ' By Tip Couar.-P.-cviou.? to my joining th» "Snaresbrook" I B e.v=d as biatswains mato on board tit j " Persia," East liidiman, *,n her passa-** from Bombay to London.Where I had gone as oikS-" master in the "Victoria," from 'Sydney; I^ iv L !a Sydney on board the Government lminVrant ship the "David Mclvor,'-' when I got my df e l charge, having been only engaged as a snpernumary seaman on board tha-. vei.el, on her passo™ from Livo.-pool; previous to that/I served as mala on board an American ship the "Jena," which used to trade between L.v ;r jool and New York' 1 was in her for seven m-,.it.is, antkedant to that vessel I served as mate in the British American ves«i the "Morning Light," for a period of five months, having left the - Dorc:iester,-"'an Eneliak ship.inwuieh 1 had servcdasmateforthreernon'h" we used to trade between Liver.iool and a port called Dorchester in North America; 1 wa. y.evloudytn the Engh.-h schooner " Marlborough,'-' up the Mcdi teranean; I was in the schooner in the capacity oi seaman; I have a brother, sister, and two aunts in New Soath Wales; I am a single man ; I was in New South Wales for three or four years ; I wa s on the diggings but was not successful; my relations were in New South Wale, before I arrivedTher? I did no*, live with them ; it is customary in the Aust.*ahan trade for seamen to ship for tha passage oat and home; iv.- friends were in Ans tralia before 1 left England* they io not! to my knowledge expect me there ; nothing w as written in the declaration I -gay •, t., the magistrate after Mmrs de.it i.exejpt aliout hU being thrown overboard, aid that w.s could ad prove it; all ia it waj written during tire voy.ig., 3 jo:i after the tranaa". tions referred to took *Ue*; the dates therein mentioa-d, are the dates of the events as they 00, cuiTed. / Yf. This witness whos; c\a*mi:iation lasted for no wards of four hours, was then ordered down "havin** been first cautioned &i were all the witnesses against conversing on the subject of tho inquiry The Court at this stage of the proceedings adjourned for half an hour, a bailiff being sworn to tako the Jury in Charge. ' ° - • ■ ■'" Georos HiGOAaD woe then s«orn By Vis. Ward—l am a seaman on board the baraua " Snaresbrook." I joined her on the 28th of May last; Francis Muir was an apprentice on board of her when I .joined; I saw" nothing bad in tho treatment he experienced until after the first day of July; 1 heard the mile about 9 o'clock on "the evening of that day, 0.-d j.-hi:n aloft to lose tha inksen; 1 was forward, the rni.e on the poop'and the boy standing by me when the order was given"* ten minutes after the hoy had gone to execute the order be had received t heard a sound a3 if soma one had fallen from aloft; I ran and got to the boy before I saw him. he w« lying on his side insensible; the captain who was on deck ordered me to take him into the cabin, it was twenty minutes before he at all recovered, and when w> did, he complained of his shoulder which though swollen, for I took off his clothes and examined him, yet I'did not perceive that any bories' were broken; he complained of hi 3 shoulder which was a little swelled; the captain gave hira a glass 6? brandy, and ordered me to take him forward* thj next day the mate came down, and told him' that he had better get sometlring and rub on the boy's shoulders, and he said he would, but I do not think he did; th; following morning his shoulder much swelled; at noon I saw him again, and he said his shoulder was much better. On the third day after his fall he came on deck and'was Bet to work by themite ; he was after his fall, mpr*j roughly treated than the other bi.ys; he was'set to work plating sinnet; about a fortnight after ths boy's fall, he heard the captain order him ajo'ti"; and the male hi the maintop, called upon Muir to bring him some taikle sp; the boy got up abot-'S one-third of the way, and he com darned that h.i feet were so acre he could not go further; tho'ca". tain asked tho boy to shew him his Toot wliich lia did, and the captain said ho would give Win something for the.n. The mate was all the time calling on him to bring up the tickle ;' tho 'boswent halfway up the rigging, and said he .co4d not go any further. Tae mate then came down* and put a rope round his Wiist and hauled him" I did notice how the hoy came doW 1 -; abosit the middle of August on a Sunday morning, I saw tiie mate strike the boy with a fid; he struck hiri once on the sni.ill of the back ; 1 took che fid away as he waj about to strike him the second tm*t** the reason for this punishment w\n that he *yai below when it was his watch on deck; this wis on the S-itiday the 17th August on which'dav !)*> had been triced up; the boy replied he was s*j sick he cadd not go on deck'; I told the' mito that it w.i 3 not the way to treat the boy; the mats replied, that he was idle, dirty, and lousy, and hi did not know what, to do with him;" "ivliiir '.■*/«* bareheaded; and the shirt and trowsers ha had'or* were wet, while I was looking for a cap for kin the mate took the boy on deck ; this wai betw-ejji five and six o'clock in the morning; I wont on deck the weather was rainy and sleety; I jvjjj sent below to work to fid a new rope when I wenj below th'jboy wa3 standing by the galley*'the wind freshened during breakfast and we were callii to take canvass off the vessel; the boy could not ' walk without support; 1 d d not notice him particularly during the hours of 9 and 11" further than seeing- him coiling rope; „the ship was'at times bu.-'.ed in. water;, being sent down at 3 o'clock iii the afternoon to 'assist tho cook in broachinja cask of water; I spoke to the boy who was in the half deck lying on some sails; he bogan sing'.ng and laughing as if silly; I told tha mate I f wught Muir had gone out' of hia mini;" the mateon hearing this went down to" Bee the", boy, and when he returned he told me ho thought, tho boy deranged; I did not see tho boy anymore for four days and then I saw him washing himself with his trowsers on, but is shirt was of; there wai a snow squall at the time: the captain and mat) were close behind him; the wash!*,,, was going on for two hours; at 12 when I returned from pu nping ship the boy was na!;od, with one hand on the natch, and foaming both at the mouth a id nostrils; at -1 o'clock I saw the boy in the galby, where ho was shaking both hands"and feet; sa.vhim again after 8 o'clock, when I took hira bel >w ; there' was no heat in either his legs or body; I made up a bed for him on a dry sail; tha ■ cook ha 1 some rum and'eaimeal for him, given for the purpose by the captain, who told him to make so.iye gruel ar*d put some rum in it aiid give it to Matrj'fiiit the. boy could not take it although he attempted Bo to do, and then became jnsensibio; he kept iii'iiu kise'n-dblo state until ho died about five dayi aftorj.'hi.s teeth wore rivoUedand Icould not got sonpeii as ii spool) into' l)is tnoiitj}; the captain aiid.'niito went dowii to see hjm several thno3, and'th'a mate asked mo whether J thought Muir would'die',and I,replied- J tljo-uglft he was dead already; I hover, raw.the. mato do Anything in tho way'of relieving him; J heard lytrj say to' Muir h-e wished 'he would take hold ,of a slatjk ropo whindie went aloft',; Ikavß not threatening'language. jt nevar he*rd the .captain uso threatening'language,beyond calling him. "a soldier; Mtilr waadn good, healtj) until aftwr hi fell from the gaf)';'heßlej)t.in tbe.early p«i of tho voyage, on the half dock and.subsequently in tho long ooat ;'ho slept in thi long boat throe weeks; I nevarwtwin'tho long boat myself; on one'occasion I lnj:u*d the mato threaten to ropes' end him; the boy said"hfi oould;not hear the .wavsh call him ho was so deaf;. ho said ha laid* nearly tho whole four hburß before he .could even get i'o sleep he waiso '..ooid ;.ho appeared cold h i -waV -always shaking and'shivering, as if he hr.-l coi thoag'.iT.he complained of being in the long boat towards tho close of the tithe he was thereit was. vsiy cold weather during ihe time ho wa-j
ilwrc ; he win tumidly complaining' of being | •cold ; tho boy always seemed wot of a morning ; j , -I have hctt.'d ...*.i .'uik'ch : mn.o for permission to L! ■ allow li" ii to re'iti'ii aid go ar.d sleep below again. I t •- Cross KXA'.it'.'f.D tiv Mu. Kino,—-I have been at i , ■t-eafora pvind of 2-1 years; I.signed articles to c Z-f-.'W /. fa'and f.nl hack to London,; I have not.) quarrelled with- the captain, there was no talk of j t the ci'jw'l'avi-.ig tho vessclon her arrival here; I ] have had - in c .iv.-fsiition with Wilson on this I , rnati.'r; I rca/.loe! -on th ■ morning after we arrived ! , •here., telling th-.',■ captain we had a complaint to j , ■naki t.i a nu.tditr.tto, but we did not tell him what we hit :ud'J c ..n laining about; I did refuse to do any, d-.u'y uit'.l I had soo-.i a magistrate; we all j went tog.th '*■ l,i f.-ll the captain we wished to see a magistral-", «'j w:iv not then dressed to go a , shore; we ha I ~v.- working dress on; wa did go ', .oil 31101 V., it was W.l.vjn who was requested by the others of us wb -•mule tive complaint to the niagis- ' trate; he com-ilii'ne.l of the boy's treatment, and of the state of' Cue forecastle; the magistrate'said one of us mils-, prosecute, and Wilson undertook to do so; we wen o.d veil tv go on board again by the magistrate, but we did no duty; Wilson never told me that if this c.i.i .'g7> was pressed we should get etir dischavge; I never, to my knowledge, complained of M-ih-'-i dirty habits; the mate having on oiio occasion h-nvil tho boy complaining to nic of being cold -, I did not think it necessary to press the matter either on his attention or on that of the captain, bes'des which the boy boing_ cbntinua'.ly cold, they must c irtably have seen it, the mate kept the "boy continually in a wet part of the ship; in the night watch the boy was kept walking from the poop to the mainmast, and this continued in all tne cold weather until he died; the rent of the watch used to be forward; I was in the same watch as Muir; In the day time I was at work, at night when forwatd I could sit down'or walk about as optional with myself; I do not know, who ordered Jluir to.go, or why he went into the longboat, he told me he svasi lousy and so were all the boys; Muir was not.dirtier at first than the others, 1 he after.sy.ds became so; he was not, with thei exception of being lousy, dirty in his habits; he -was lazy with his clothes, taking no care of them, I • nnd leaving the.n lying about the decks, and not ! picking them up again; I heard no complaints, however, about this; Muir was three weeks in the , -longboat; I be.-thed in the forecastle, Muir and I wire in the same- watch; Muir could havo gone 1 down to the hah"deck where the boys were with- j out my knowing it; Muir made no complaints to . me of being put in the long-boat, nor did he say anything when the mate ordered him to take a | slack rope when he went aloft; It was said loud . enough for al! to hear; at that time the boy, • through the soreness of his feet, could not j walk f'a3t; I ha.*o not made this matter a subject ■ of public conversation, though I may occasionally have conversed regarding it with my other mesmates. This witness was subjected to no cross-examina-tion by Mr. Hart. Gnor.oE Bern* "was the next Witness called, after having been duly sworn— ' | By Mk: BitANBOx, —I am cook on board the I barque " Snaresbrook, and was in her on a voyage ■ from England to New Zealand; I knew Francis Muir, an apprentice on board the said vessel; he joined the ship in London; I should say his age was about 17, and ho appeared when he joined in a very good state of health; the mate treated him badly, the captain not particularly ill, until aftet: the Ist of July; the prisoners in the dock were repectively Captain and Chief Mate of the " Snaresbrook ;" I remember Muir being brought dow-n insensible on the evening of the Ist July; I saw him . the following morning; his knee-and shoulder were much swollen; I could not say whether any "tones were broken or whether there was any dis- ' location; ha remained below two or three days: L -whep ifter this he was ordered to work, the boy aa'd he was not able, a couple of hours after I saw him scrubbing boards neat" the scuppers, using his left arm. the right-knee was injured, he was using the left; the injured knee was swollen over the oap o'fit£ I saw the shoulder,-the bone was raised ebouj, an-inch-, -I the -captain'iß use the boy when he upset a bucket of water in the cabin; he beat the boy and kicked him down the companion Udder; the boy at that tiroo was suffering from his shoidder, tttwhich though gone down was still much swollen; I diS. not observe his knee or feet; on first coming on board he slept in the halfd'.ck; I saw the mate send him. aloft to grease the mast when it was his watch below, this was frequently done; on the occasion of the captain b-.ating him, I saw the mate who was on deck laugh; I hare never seen the captain near | when the male beat, the boy; the boy was sent to tht long-boat about five weeks before his death ; I 1 used to supply his meals, Bometimeif at the j galley doorsom.timei I gave itto him through the 1 bows .of tho long-boat; when not at work' he wa3 ] generally in the long-boat; it had from 18 j to 20 inches of water in it; tho pinnance was over j it but did not cove* it; the boat en his first going into it had less water than when he left, through shipping heavy seas; tho weather during the period he was in the long-boat was very severe, blowing constantly, accompanied with sleet at times ! the boy was continually complaining of cold and of the. numbness of his limbs; he appeared at this time very sickly, and was often at the galloy door shivering; he said to me ' they have nearly killed me and they can finish it;' the bed ho had in the long-boat was either an old one made of straw or shavings ; ho had an old brown woollen rug to cover him; I used often to go to tlie ' 0 it to see him in the morning; I have seen him shive iaj and benumbed all over; he was very stiff in n ov^.-g; I saw the captain go to the lo!ig-b.>:it about, ten days after he was there, but I do not know that anything particular took place; he (Muir) came nut i.f the boat through the stern ; the boy moved but -bwly after his accident. (The witness next recapitulated in a most corroborative manner, both in leg.nds the date, 14th August, the hou,\ the weath.;.', Muir's clothing, and the ' fact itself, the trici.ig up to the mizy.cn rigging,) ■when released he feli into tholeo scuppers; the ■ captain -wat not pre-cut at any time during that punishment; he coiled ropes that afternoon by the order of the mate, or rather made an attempt so to • do,.a- from his cotidition be win unable ; tho ship • was lying over to ;* rt side; there was a great deal of water r.t th« timo reaching-up as far as the spars that is Imlf-way up the bulwarks; the bulwarks a.o-w.-mo three or four foot high, so that there was f-'om twelve to eighteen inches of water on the deck : 1 ob.erved no particular alteration of countenance until iho f. li'j'.ving Wednesday, tho 17th Align t, whim tin captain told me to bring n linden of water ib:* Muir to wash himself; the witue s the 1 related the incident of the washing, agreeing with thcf'i.'st witness (Wilson) in his relation of tha. iimtt-er. except ns follows:—I could lint ray the c;\ i«i ' ordered him to take his trowte.'s .■if, they fell *<il', and remained round his feet'; lie fell and "caw! ■*) to the port side of tho .galley door: 1 looked and ,-aw foam rising two inches from hia mouth nod nostrils; the captain was aft I could not «iy ihal he saw the boy; 1 do not kn.w wh.ro the mato at that moment was, but he and the captain c-,*rne and'looked at him, and then went alt again; 1 put his shirt and trowsers on as he was linked; 1 told the mate I had better take the b ly in the galloy, and try and circulate his blood.'for it. W.i - my opinion he would not weather , the mil:: hi .-;, li'-'d, ' 1 don't care a damn, you -iv» pat him in the copper and boil jhini if you V.ke ,' I ih.'.n went on tiiy work for about two hoiii-s, a.,d r'n.'ii weiil and told the captain the 'condition o.'the.boy; und that'-'l believed he was mt d -ni i* d .or; the captiin immediately went foiwatd. 1 -wked at Ihe boy, ordered me to got him into the galley, a;*d inalto him some gruel, bringing me aixiut haif-a-pint of rum to put'into the oatnicd. and try and get. him to take some; I made he A, y fast in the galley, in which there was a large ihe, my i'lij.iet being to chculate his blood, and d,v.. !iij"c'o* : hes;.l made'the gruel, but'the boy, althoii'-jj-i he. tried, could not succeed in'taking jt; two men carried him down into tho half deck tbecaptauiitp2d:anoto?nako him'-'gruel next'day,
"ii.; Has no be:lei-; 1 saw him sov.iml times next, a ay ;he was iiison.-ibl.!, lying on sails on two p ties..-.: 1 tiir-.l kielll-olually' to'lced him, but his , 'J c.-th we c cl.iipol t-igeth'l-: 1 ni.-i !o seve.nl poul- j g nces's by the cintaiu'.- ...-de.' for th: boy, nn 1 muds i f I'm <Lii\ meal :'l noplieil them to bis ice- and legs p .y rhe captain's order, tbey weiv full of ulecnlu 1 ores; the cap.'am asked tin; to look itfic the buy, t said 1 h.i 1 not time: and then another nppronice wa- ii.dared by the captain to do so in my 1 lead : 1 made othe.i' poultaces, and so did the bay 1 itiending him: 1 never made 'any iiiu-i'n.-vl poulaces, the cap.am saying it was too late then ; 1 •■■ leiird a ooiivei-satiiui between Muir mil thi chief 1 nate before the triceing ttji: the mate sa : d 'Frank, , < lere is a pis .d, now blow your brains on', you ' i I—-I—y sol-lier.:' the boy replied, 'no, sir, you j 1 have nearly killed nic, finish it off;' the mate I t then sal I, 'you dniiiiiod em-, I w.-ml i think no ,•* more of blowing your brains out nud 'browing . ' you overboard "than 1 would a hound;' the buy i took the pistol, but it not being loaded, returned ' . it to the mate : that was all 1 h.tard. ' Cuoss-kxamixed ny Mn. Kino. —I have been at I sea about lii years; 1 signed articles for Welling- ' ton, Hawke'-sßay, and back to the port of London ; i 1 berthed in the'hulf-deek, where also did the apprentices, live in number, and the carpenter: the ' apprentices were Muir, Waters, Clink, Caunell and a small hoy whose name I do not know; iho carpen lei's name is Ctdc ; Mtiirslept on the aftermost hunk starboard side, over the carpenter; on one occasion the boy made water through the bunk upon the carpenter, this was about 14 days bofote ha. went into the long-boat; I diceivei-e.l the fact from hearing talk about it ; I slept on the other side opposite to him; he was dirty in his clothe l . There was no reason that I know of for aUribuiiug vermin more to h-m than the other hoys; I had cut.his hair close at his own request ; thee, was di.-tijruoiue.ut. to my knowledge existing between Muir and myself, 1 used to shut him up iti the galley at night"; I did not tell him to g.i into, thi long-bout; I never said to Muir in tiie p: eset.ee of Water., that he Muir did not go into rhe long-boat that I would, but. I said to Waters tha, if' tie (Muir) did not leave tbo half-deck I would ai I di I not like to see the ill usage Waters subjected him to ; after Muir wetted the carpenter in his bunk, he .sometimes slept in his bunk avid sometime< on sails. He wa* 22 days in the longboa.; be wa? locked up by me in the galley; I use 1 to try an 1 persuade bim to go below but lie wa; afraid of Waters telling the 'Mate, who. would have beat him and pe.'haos order him to take the grea-e'pol and go aloft and grea,e :he fore-royal which the Mate used often to do in bal weather; I used often to go into tl re long-boat and see how he got on. when "he. win writing a sta:ement of the j treatment he experienced on board; I last raw it j Ith; statement) about 7 or .0 days before -.he boy died. It was writicn in German to, prevent the Mate understanding its contents. 1 had no conversation 'with Wilson about leaving- the vessel exeeptingnt perhaps the beginniugof the voyage and thsn' for a lark ; I do recollect 1 said before I came to WeiD'-gton that if this matte.-was not brought to light and the Mao and Captain retured in the vessel 1 would not go home in her; I have mentioned to several parties in Wellington, what I have sta'cd in my examination in chief about tlie pistol, it was at the boarding house I re- i side in, but, I do not know who to, or when; Hiciniid Waters helped- me to take him down after the washing about 3 o'clock, during the washing I was at the galley at work I saw him during the washing, about every three or four minutes; when I saw him falling after the washing I offered no assistance because I always got upbraided for what T did by the .mate, for whom I used to wash and do his needle work ; the washing occupied about 25 minutes, ho was on deck from about 12 to 2 , 0'..-1-..ck; - It- .was showing nearly all the time until , I put his flannels- on ; Waters took him below between 2 and C; Muir all that time was lying at the galley door and I there put on his things I am not certain whether I took him into the galley or not; 1 gave him his meals in the long boat two or three times a day because the boys below used to steal his food and that is the reasnn why he ceased having his meals below ; one day I squeezed his our for wearing my cap: Ido not know whose orders sent him lisio tho \r,i,R-Vii>at; tint 1 heard * the mate threaten to send him there; It is not true T would not let him live in tho half deck, but Waters and Clink did ; the witness next proceeded to de-eribe the position of Muir when triced up to the rigging on the 14th of August. I could see underneath his feet from the galley : I havo conversed with Richard Folev, about Muir's being triced un, as nho with Mr. Harris and oil hands except Waters but as ho unloosed him from that position he did not require my telling him ; I saw Foley in tho forecastle scuttle during the time Muir was triced up : the boy Muir slent while in the long-boat on the na-s, I saw him sleeping on his bed which was on the top thereof; the bed cuild not be placed on tho thwarts of the pinnace; 1 got in the long-boat from the bows. . Cnoss-Examined ny Mr.. Jlaut.—l had not the l.istol to which I have alluded in my own hands, but I heard Muir say it was not loaded. By the Court.—l did not know Muir previo v to coming on board the ship ; lie seemed to be intel'igent and gentlemanly in his manners; he was always yon* civil to me. He was a lazy and not a robust boy. and ill fitted for the sea; 1 cannot say I talked much with h'm previous to the first day of July but ho seemed in good health and u*ed to help me to draw water and fetch coals. I heard tho prisoners say they come from Ireland ; I know nothing about Waters: Clink and Waters were i the two most respected by tho prisoners and they used to learn navigation on the voyage; I believe Waters comes from London. Ciiahixs Ward was then called and sworn but as it was now half-past ten r>'cloek and as it was likely his examination would involve tho raising of somo points of law, his Honor suggested that Mr. Ward should stand down for this evening and between then and next morning, learned Counsel should consider the points likely to be raised. His Honok then directed the Court to be adjourned intimating however that he should take his seat an hour earlier next morning to allow if possible the case to be concluded in the evening und so preclude tbe necessity of detaining the Jurors from their homes on the Sabbath day. The Court stood adjourned accordingly to Saturday the 3rd inst., at 0 o'clock a.m. The Jury being' i'emove:l in custody to Oawith's whero the Shi-.i-iff had scoured accommodation for them. The proceedings attracted the largest possible share of puhlin attention, nnd the proceedings of the. inqtiiiy was watched by an exceedingly crowded Court with the keenest and most painful anxiety.
.SATUIIDAY DKCKMUER, 3itn, 185!). 1 J THIRD DAY. Itrgixxa v. John and Charles Straker. lira Iloxon Mn. Justice Johnston took his seat precisely* at 9 o'clock. The Court room being even more densely crowded than on the previous day. . 7 Cn.vni.ra Ward, by Mr. Brandon.—l am second clerk in Her Majesty's Custom j. at this port; the document produced I sasv signed by the.pannel, John Struker (the usual declaration made by captains, of vessels comingprito port.,) it svas declared before mc. '.''"'. Mn. Bhanijox offered the documents ns evidence against the prisoner. John Straker, as an admission the "Si'mreibrook" svas a British ship, and therefore that the offence alleged to have been committed, was 0110.that came svithin the jurisdiction of the Court. i Mn. Kirn*, on behalf of John Straker, urged the document ought not to be receis'cd in esi.lence as it was not sufficient under the io7th clause of the Act, i7th,and 18th Victoria, as the declaration herein mentioned, should be made by the ownc-. Also that the prosecutor) under the section alluded to, ought by direct evidence -pro\*e distinctly tho
alleged nationality, nnd that any admission by the prisoner could not. be taken its against himself. The learned Counsel supported his argument by 11 great 'number of legal retemuee.-". After a long discussion. His Honor reserved the point. Ciioss-KXAMiNi;ii ny Mn. ICixn.—l do not know the present rate of wages in thjs pott for seamen. Air. Kino hero requested the Court would allow hint to recall the cook, which being acceded to by His Honor. liKouorc.Uiai* (this witness had been already Mvorn.t, by.Mr. lv.xv—l have had no quarrel with Wilson since the charge was nnide against the Captain; I had a few words with Wilson respecting this cure in the presence of Waters who backed me on ;we were both in liquor; 1 did not, to mv know edge, charge him with perjuring himself.' [it \vas here suggested that Wilson should be rec.itli'd, hut iho Court e.iuld not accede to the request of oniis.-l. | 1 hud no angry words with 1 and did not tight Wilson, not being of a lighting I character: 1 went to Ahuriri in the " Sniue.sbrook " n 1 cook; 1 had charge of the galley in that capacity ; 1 dhl not threw .portions of the galley overboard, nor utensils. Kti'iiAiit. Foi.'kv, being sworn, by Mr. Wahp.—l am a seaman on board the barque 'Snare-brook': I joined in London on the 28th day of May last; Muir was then 011 board; the boy alter his fall f'rcJii the gall" showed me his shoulder; I tried to put it in its place but ho could not beat" it; tho boy was leaning against the windlass cry'n;: 1 took his shirt otl' n'.nl .-.xamiiioil bis shoiilde':-: 1
saw a lump about two inches above what the. . other sho'iilder was; I pressed 0:1 tho shoulder but lie could not boa." it; J tried to rai-.o his arm but he could not bear it, but he could use, tlunu'h with difficulty, his hand; the mate oid-ied him to go to work, but be replied he wa* not nb'.e : d.'d not see hi* shoulder till he was dead; there was twenty inches of water iv the long boat; there | was some old dunnage otl tiie bit.iiui; the boswas lying 011 the top of it; the boy t-.-l-.l nic he j v cd to go down into the half deck svhc 1 he could j : got a chance ; 1 called him one night bat he wa; | ' too stiff, he could hardly move; 1 luv.i seen both j capiat 1 and mate beat him : it was about a week j at'te.- lie fell fiom the gall' 1 saw the captain beat- j ing him with the cud of a n\.-c, nnd 1 have --cftn \ the mate heat him while he svas i:i the li-ng boat, | but 1 do not know what for; 1 ;i-.w the b.-.y's feet, j they were very bad; after aboi't two sveeks in the ' long boat, a; he svas coining from the half deck, 1 . aw thc-iiiate ii! usirirr him; the boy cried, "fori Cod's sake d.ci't kill me, tiir." Tiic mate said i " 1 wi i kill you before you reach New Zealand." the Captain was not present; about the sumo time • 1 beard the mate nay to Muir. "I svish to Cod you 1 would get hold of some slack rope ami I should have ; done with yuu." 1 never heard the Captain make j line of any threatening language ;•! saw ■ him with nothing but his t.owsers on clo.'e by the foremast near tho galley ; he was shaking and trembling all over; 1 next saw him in the galley, about half-past six o'clock, but he could not speak; ho was carried below about S o'clock ; I suw him three days after, he svas lying on some wet sails: ! he was still shaking and trembling, and when I! spoke, he laughed, foolish like; I saw him two hours before his death and spoke to him. but rcceis'cd no reply; I next saw hi in' when dead; I had to sow him up in the morning; I took the boy and examined both his legs, one svas swollen upwards from the foot, and one only hud sores on it; all his chest svas quite black, blood svas running out of his mouth. By the Cocet, —Some of his chest was black, other portions of it of a lighter character; I noticed no other colours save black, and the natural colour of the flesh; it (the chest) was black in patches, about as big as half my hand; he was nothing but skin and bone quite attenuated; his cheeks were of quite a green colour ; this was on j the morning after his death ; there came a smell j out Of his mouth; one of his shoulders svere ssvollen and a lump was on it : just over the point of the shoulder was black and green; his feet sveve swelled up, spotted and black: there svas a ssvell on his legs; I did not see his chest, befure death ; I when I saw him immediately, two hours before | death, I could just hear him breathe; I felt his \m\m which svere very slow and feeble ; the pulse was going at the rate of a second pendulum; the body was cold as ice. Cuoss-EX-WiN'EB ny Mic. JCin'o. —No one svas preient but myself svhen I heard the mate say he would kill him; when the mato ss-as beating him no one svas present but myself; it svas near the half-deck, I was going to relieve helm at twelve I o'clock, he svas standingnear the foremast shaking, (I allude to the day svhen he svas washed) captain and mate were near him, I saw him about [ half past six in the galley ; it ss-as on account of! the boy crying near the svindlass that induced 1 me to examine his shoulder, svhen I did so, no! one was present; on the first ceeasion of my doing so Bell svas sick; ray ss-ages svere £2 los. per month as able seman which is I believe the ordinary rate of wages ; 1 have not conversed with any body respecting leaving the vessel; I toll the captain I s\ - ould .*:ee a magistrate before I did any duty ; I said this svhen I was alone svith the captain ; I was ordered by Magistrate on board again; I knosv Richard Waters; I never heard Bell charge Wilson svith prcjnring himself, I have made no inquiry as to rate of wages in this port, I have seen Muir take the Ivjhn for about a sveek. Mn. Hart asked no question > of this svitness. PittLi.tr Castnem,, being duly ssvorn,—l3y Mr. -IJitAXDOM, —1 nm an apprentice on board the i barque ".Snaresbrook." and made the passage in her from England to New Zealand; I raw the captain heating the boy more than once, I did not hear the captain say why or what Jluir had done: the captain w*as beating him with his hands, I saw the captain kicking him to go on deck and ss-ash himself, I raw while reefing top.-nils one day the captain beating him, because he ssms not aloft as soon as "the rest; this srasdiiring the reriod he was in the long boat, I do not know lvhether the mate was on deck or aloft: on this occasion, Muir s*,-ent aloft very slowly; he wild he was smile and not able to go aloft, as soon us the rest, I has-e toon the mate bent him more than once because he was not on dee!-: in time : 1 sasv the captain beat him from the foremast to the mainmast,he kicked, him and it seemed to me svith s-iolc.-r.ee, the distance was about fifte.iti yards; he (Muir) asked him not tn kick him as ho was not able to go fast..':-, I did not we his fee-, Muir did not walk Kt'.'Oii-'ly, M.iti-.- noser used his tirin freely after his full. I remember his being in the long boa', the pinnace svas over it, the boy's bed svas on the ( thsvnrh'of the long boat; he had 1111 old straw 1 bed nnd a sin.!! rug for a covering. Muir c-mi-1 pla'mid of n morning, of being cold and his legs, being stiff, I saw Muir lying on tails nn tho halfdeck, on the 17ill August, captain told him to go and svash hinvclf he said he svas not able; captain said if he did not go be would, kick him, again be said lie svas not able, the boy went on deck the captain followed him and kicked him; I next i-asv Muir on deck when he was svashing himself; this svas about eleven o'clock in the forenoon, captain ond mate were both present; 1 svas on .deck until four o'clock in the afternoon, I could see every thing that took place ; Muir tinished about a q.utrtor of an hour after 1 saw him first; the weather svas snows- at the time ; Muir was not able to put on his clothes, iu:seemed tube insensible, he fell dosvn, Muir could not hold himself still (this and the other witne'«.f described by notion the. shaking.and trembling of the hoy) Muir.- was carried to the half-deck ; 1 next sasv him there; the mate ncs-er gave, me any orders about Muir, nor said anything to me about him.
CROss-nXAMixun ny Mil. Kino.—l joined, that is I signed my indentures in Billitev-street, London, I svetit on board while tho vessel svas in the docks; Muir svas then on board; Muir svas middling, not. very dirty while in the dock; I svas about three weeks in deck lias-ing joined on the 2nd and the vessel sailing on the' 2'Jth of May last. Muir svas on boiv.d fhesvholetiinc; I berthed in the half-deck svith him ; there was no com-
plaints to my knowledge about Muir ; he svas scut into the long bant for being lousy; it was not to niy ki.owleibj'u stated in the half-deck that if Muir did nut leave that, part of tho ship we would ; 1 urn quitii sure of this; Muir sold, though 1 dv not know what, somo portion of his clothes, svhile we were in dock ; 1 think he sold some portion of his bedding, 1 bail to find as nn apprentice my own cluthes and bedding; Muir svas never on tho passage so quick in his mos'emeuts as the rest, because 1 believe he had not the posvor; I personally made no complaint about Muir's dirty habits; I said 1 saw the Captain kick him on the 17th of August; Wilson svas present at the time ; I have had no further talk svith Wilson on this matter than prcviou-dy to coining into Harbour; Wilson said he should want me as a witness to say,-I saw tlie captain kick him up on deck ; he did not hosvever tell nic what I svas to say; during the svashing, the crew svns partly on deck and partly belosv; I iiever talked about this case on board; Wilson never u-ld nice that if this ease svas proved tho apprentices would be discharged aud the apprentices sent- to J'Oiigliind ; I asked it of the agent, Mr. Stuart; no one advised me to do so; I heard of no quarrel between Wilson and Bell, the cook, whom I know; during the washing 1 was passing and repassing from the upper to the half-deck; part of that day I svas laid up; I occupied the half-deck.
By the Court.—Three parts of the crew remained svere the hoy svas while svashing himself. AcorsT Holste-v, being duly sworn—by Mr. Waiim —I am a seaman on board the barque •' Snaresbrook" ; Muir wr.i an apprentice on board llio vessel; during the passage" I sasv him lashed to the riyging; this ss-as on the 14th August; I was a: the wheel from four to six o'clock: lie svas not on dock when 1 ss-em to the svheel; ho came on deck about half-past five o'clock; the mate c.inie with him ; I did not notice how be svalkcd ; the mate fold him to come over on the starboard side, and fastened hina with a clove hitch round each svi'ist, and fastened him to the rigging; 1 did not notice how his hands svere; it svas ve."y cold; ! did ant notice how* be was supporto I:' he rema'ii'ed in thnt position till a quarter bei'.-.e eight; .viie'.t he was unloosed he fell; he was in that"position (triced up) tor two hours ; the boy had complained of being sick; he ss-as not very sveli treated; lie was often rope's ended ; more so than the other boys: the mate beat him; I sasv him several times when ho was in the long boat ; ho svas sleeping there when 1 went to call him ; he svas very hard to wake up, he said he was so cold ho could not ;,;et up. (The witness here recapitulated all the circumstance-i of the svadiing, as to tho d-.'oss the boy had on, the weather, and the tiihe he was exposed to it.) Choss-kxamixeu by ilr. ICiNo—I have had no conversation about leaving the vessel; I am a Swede, and I wish to return in her. Mr. Hart did not cross-examine. George Frederick Harris, being duly ssvom —by Mr. Brandon—l svas a passenger on board the barque '■ Snaresbrook," from England to New Zealand: .Muir svas an apprentice on board the same vessel; he seemed svhen I first went on board in a good state of health; the captain and mate both seemed stricter . svith him than svith other apprentices; I have seen the mate strike him on sundry occasions ; he'met an accident by falling from the gaff; on one occasion after this I saw the. captain rope's end him ; I have been present on ses-eral occasions when the ciptain has ordered him aloft; the boy appeared s-ery reluctant to go; he said he was unable; the captain said he must go; he moved as if incapacitated; I do not remember any particular occasion; Ido remember once tlie captain ordering him aloft and the mate saying he had better look sharp ; his movements being slow, the mate put a rope round him and hauled him up; this svas an occasion svhen he said he would not. go ; his movements svere generally slow, but 1 did not notice that they were more so then than at other times;-when the boy fell from the gaff the captain seemed most anxious about him anl looked as pale as the boy himself; he ordered him into the cuddy, and brought out some spirits to revi\-e him;'he expressed a fear . that he had hurt himself, and was going to fetch a portion of his own bedding for him to lie on, svhen noticing the dirty condition of the boy, he desisted; he seemed to shew every care and kindness to him then; I did not hear any orders emanate from the captain about Muir sleeping in the long-boat; I sasv the long-boat; there svas water in 'it; 1 ones asked how he sveathered it in the long-boat, he complained in answer that i f ho was kept there any length of time he svould die; I did not tell this to the captain or to the mate; I think this was in the month of August last on one occasion he shoss r ed me his foot; it svas sore ; and tha leather of the shoe svas working into the sore; this svas on one of those occasions svhen he svas slow in his movements ; I told him he "had better be brisk or he svould be getting into trouble ;he said he could not; Ido i not recollect telling the captain about his feet; I think on one Sunilay, about breakfast time, svhich svas at. eight o'clock, the mate said " I have had that boy tied to the rigging;" the captain made no comment in my hearing*; I had not been on deck myself: this was not long before the washing ss*h ich I miw ; the boy appeared at this time unhealthy; there svns dark shades under his eyes; when I ?asv him washing he was crying and shaking very much ; that it was so must have been very evident; he was naked svith the exception of his trousers; there was snosv and slest every quarter of an hour.
Cnoss-EVAJiiNKD By Mu. KiN'o.—Muir told me before he svenfc into the long-boat that he should ask tho Captain to put him there on nccountof'the persecutions ho underwent in the half-deck: I svas in tho galley svith the cook ss-hen the boy fell after the svashing, and foamed at the mouth; the cook drew my attention to him, but I. said I could not bear to loolt at him ; the boy had crasvled to the galley ; nil the cook did svas to ask some one to take him into the half deck, and put his flannel* on. By the Court.—Tho reason 1 made no remonstrance about svhat Muir told me svhen he svas in the long-boat, was because the mate told me he had instructed one of the boys to ask him into tho half-deck svithout letting it he understood that it svas with his (the mate's) knowledge and consent. Mn. Hart did not subject witness to cross-ex-amination. Mn. 3'iianijon here put in "The Mercantile List," published by authorit, and Annual Appendage to the Code of Signals for All Nations, edited by J. 11. Brosvne, K-q., Registrar General of Seaman's Shipping,.lßoS, to prove that the s-esscl " Snaresbrook svns a British ship. The Court rejected tho evidence as although no question could be raised us to its authenticity, there svas no proof of contents. Mb. Kino svitfiing to cross-examino a witness whose name appearing on the back of the indictment, but svho had not been called by tho Counsel for the prosecution, the Court summoned Enoch Oudlino who svas duly sworn by Mr. King.—l am boas'tsvain and second unite 011 board the " Snaresbrook;" I Khippediti the former capacity, the duties of wliich I still discharge as also those of second mate, 1 don't possess a mutes certificate ; 1 had no conversation last night with anybody about giving evidence to-day. I never had any" conversation on board tho " Snaresbrook ■' respecting my discharge. 1 have not stated, T had my clothes all ready to leave ; 1 do not remember conversing with Waters about leaving the vessvl. By the Court. —1 am not aware of any conspiracy on board to get discharged from the vessel; I 510 not know anything about svho leads this prosecution ; 1 have not heard this mutter conversed about on hoard ship. Tbe Court here adjourned for half an hour on re-assembling the following medical testimony svas called on behalf of the prosecution so as hypotheticully to prove the foregoing evidence. Alexander Johnston being duly ssvorn stated
in answer to examination by the Court.—-J am ft surgeon residing and practising in Wellington; I have either personalis' heard or havo had read to me the evidence given in this case respecting the boy Francis Muir. I heard what was said 'about the injurs' to his shoulder. My opinion is from the evidence adduced (if true) that death svas accelerated by cold. I could form no opinion as to the cause of death. The appearances after death are those that, are often perceptible from languid circulation or mortification ; the exposure to winch tho boy was subjected, might under all circumstances, have accelerated death. The. svashing alone to a weak* boy, would have accelerated but not nceesMiirilv caused death; such treatment would not have materially- injured v robust boy, nor would it to a strong boy who might be subject first to the tricing up and then (,o the svashing provided ho had recovered from the first; I do not think the tricing up alone in any way caused or accelerated death; but from the whole course of treatment, to one iv Muir's condition such un act j might have accelerated death ;a robust boy svould have recovered easily from the tricing up. Cross Examined liv Mr. Kino.. —I have not seen the long-boat. Mark. ICbuuei. being duly ssvorn svas examined in a similar manner by the Court. Dr. Kobbell's evidence was to the following effect; that even to a healthy boy there svas some danger in such exposure in described Muir experienced in the longboat, and that from the whole evidence (if true); the whole treatment to which the boy svas subjected on board svould probably cause, death, though no single act ot" itself might do so ; tho tricing up svns tho severest of those acts. This closed the case for the prosecution. Mr. King submitted that there hhd been no evidence adduced to support the allegation contained in tho Indictment that the " Snaresbrook" was a.British ship, or that the prisoners wore British subjects as required by the til section 18 and 19th Victoria, and therefore on behalf of his client objected to go to the jury. After some argument upon the point raised by the learned Counsel, the Court recalled Enoch Odling svho stated that though land had been sighted during the passage, tlie boy hud not died, while the land svas sighted nor during such time svas he triced up or put in the long-boat. His 'Honor after consulting the statutes quoted by Mr. King in support of his argument, decided upon letting the case goto the jury, as he regarded the statutes quoted as cumulative in their nature remarking at the same time on the heavy responsibility of a Judge svho like himself having no learned brethren to consult, had to establish a precedent ou so important a point, he regretted the absence of any court of appeal but trusted however that Colonial Legislation -would shortly reiuejly this defect. The point hosvever would be reserved.
Mit. Kino then proceeded to address the Jury on behalf of the prisoner. Joiix StritAKEit. Ho commented on the fact-that the captain ss-as ignorant of the tricing up, that in all probability tbe placing Muir in the long boat svas at his own request. Aud that as svith regard to the washing, the fact that stood in solitary array against the captain, it was necessitated by the boy's dirty habits, that as captain of a vessel he svas bound, occupying the position of loci parentis to those on board, to see the apprentices kept themselves clean, and -if necessity required use force in this matter pthat though some inconsideration might have been used svhen the state of the weather was considered, yet it could not be established by evidence that the captain was aware of tho ill health of the unfortunate boy. That the abscence of bedding and sufficient clothing was through tho folly of the boy himself. That notsvithstandiiig the dirty, lazy habits of the boy his client had on se\*eral occasions shewn great kindness and humanity. In conclusion he begged the jury to disabuse their minds of all the many prejudices that they might has'e conceived from what they heard out of doors respecting this case but come to inquire into and pronounce verdict upon the facts submitted for their consideration calmly and dispassionately. And svith these fesv remarks he left the case svith them to deal svith. . Mr. Hart in on able and most eloquent speech addressed the jury for the prisoner. Chahles Stkaker. He commented most ses*erely on the conduct of svitnesses svho coidd calmly keep memoranda of that which they perhaps foresasv svould issue disastrously, and yet not attempt to remonstrate ;he begged the jury to separate tho isvo great facts of compelling to live in the long boat, and of the last episode in the unhappy boy's life, the washing, as acts for svhich his client svas in no s\*ay responsible, for although he might have been, and was doubtlessly ass-are of them; yet, that emanating as tbey did from the commands of the captain', he could not subvert an authority which from his own position in the ship he svas bound to maintain. The learned counsel then went on, most forcibly to point out that life on shipboard at all times is not an easy one ; and most peculiarly unfitted for such a boy as the deceased ; svho naturally of a delicate constitution, svas unsuited to svork such, as in a s-es-sel short handed as the" Snaresbrook" svas, svould, without any undue partiality be entailed ou him. That seeing in addition toall this the boy wnslnzy, dirfy, and on many occasions disobedient, it might have caused a rough untutored sailor, —and sailors especially have no sympathy with delicately nurtured people, as in all probability Muir svas— to act iv a harsher manner than perhaps might be altogether justifiable; yet these acts sprung from no personal or vindictive feeling. As to the many expressions they had heard detailed in evidence as used by the mate, they svere to be regarded as jests—brutal jests perhaps—but still nothing more than jests: and instanced the giving the unloaded pistol to the boy, as shesving the absence of any serious intention of tho nature endeavoured to he imputed to him. "After alluding to the tricing ii]) as a punishment not unf'requent at sea,—that it svns not of itself sufficient to cause death,—and commenting on the other parts of the evidence, Mr. Hart most, feelingly appealed to the Jury as to the sacred nature of their obligations as jurymen, and that were any reasonable doubt existed they were bound to give the licensed'the benefit; and asking them to abstract from their, minds all that in ighthave been previously heard of the matter now before them, he left the case in. their hands svith all that anxiety svhich one in his position might naturally feel, but svith every confidence that they would faithfully discharge thoir trust. Tho Court at this opportunity adjourned for .a quarter of an hour. On re-assembling His Honor proceeded at twenty minutes past seven o'elcck, to charge tho Jury. He pointed out tho definition of murder, and tho difference between that and the lesser crime of manslaughter, arid recapitulated the evidence at great length, shewing svith regard to each prisoner hosv it "told for or
against them, and suggesting the doubt svhether as regards the Captain, John Straker, they could find on the first count, of tho indictment. His Honor's address, which svas listened to svith the greatest attention, lasted over a space of exactly four hours, he concluding at twenty minutes past eles-en. After the Jury had been given iv charge of a ssvorn bailiff, at twenty-five minutes past eleven they retired, and at five minutes past tsvo o'clock on Sunday morning (the 4th inst.) they returned into the Court with the follosvingVERDICT. I Jonx Straker, guilty of manslaughter on the I high sous. j Charles Stoaker guilty of wilful murder on the high sens. His Honor intimating that it being nosy the Lord's Day, it would be more consistent svßh decorum to postpone judgment until Monday morning. He thanked the gentlemen of the Jury for the patient investigation they had given to this painful case and discharge them. The Court svas then adjourned to Monday the Gth instant, at 10 o'clock, when the prisoners would receive, sentonco.
■ «..,„-*, **»«..»■ I, n .. I )ll^lll ■M O.VCAY, D E OEMBeTT ,„-„ KOUKTII DAY. BUST'-'-ijl' ON Tin: riusoNlUl,, Ou the opening of the Cou.t this mornia£r . available apnea was throiii?ed by an ' . « ov <"y excited crowd., by n allxl °U-* and His Honor took his iscat on the Bonnh .1, * after ten o'clock. Ono " *»«ly Cuaiii.es S'l-itAKi-nsvas then placed at th<ii,„,, receive sentence-. v bl *r to Ct.Eittv oi-- Ann-Aiaxs (Mr. Strang) address! m- a prisoner said, « Charles StrakcrtChave l' ha lound guilt}' hy a ,lury of v sm- comt™ n f^, n crime of Wilful Murder on ihe HfchaSa fJ% hiive-yoi. got te say why sentence of Death ffl not bo passed upon you ? °**vivo. Mit._H.utT ou behalf of the prisoner, ralsorl ti, foi owing point—Thnt inasmuch as tho did not aver that the prisoner was a IHltXw , and as in a Criminal prosecution of this erav* * .' ture, it could not bu expected that the- prfso,,!: should prove affirmatively in his defence that thi, was the case—this being the duty of the prosecu tor—and toutif tha same had been averred'or at" tempted to be proved, the prisoner might have proved tho contrary, that he svas an alien and therefore out of the'jurisdiction of this Court that in the absence of such averment and proof, it was fair to suppose suoh,svas the case, and that therefore the indictment could not be maintained and ought to be quashed ? Tho learned Counsel'sunported his argument, by the citation of a number of. cases, bearing as he presumed, on the point so raised by him. Mit, HttANooM hasdng been heard in reply. His HoN-oi'. ruled against Mr. Hart, at tho sarno much regretting that through the carelessness of the prosecution, tho heavy responsibility should bo throsvit on him of deciding unassisted such important questions, especially-when human life svas at stake, intimating, however, as he had in the course of the trial, that on this and other points, he svould tako the opinion of his brother Judges. The usual proclamation "hasdng been made for silence, smder penalty of 'fine and imprisonment while sentence of Death svas being pronounced. His HoN'Oit assumed the Black Cap, and proceeded to pass sentence as follows :—
CiiAtiLMs ijTi'.AKEti, after a long and anxious trial—a trial- distinguished for every advantage on your behalf—as fair a trial as under any circumstances could be expected—a trial in svhich you have had the.benefit of a defence, pre-eminently distinguished for its ability, eloquence, and astuteness ; after the most jealous care on my own part that nothing should unfairly militate against you svith the Jury, you havo been found guilty of tho most atrocious crime that man can be guilty of; and I am bound tc say, that no Jury having regard to their solemn oaths and obligations, could have come to any different conclusion. In your case I can find no extenuating circumstances; not one feature of alleviation—not ono touch of nature that svould warrant me to recommend you to tho notice of His Excellency, svith whom ulone rests the Crosvn's prerogative of mercy. What motive could have induced you to adopt such a systematio course of cruelty,- God only knows; that poor bofy, probably your'superior in everything but physical strength, could has'o offered you no provocation*. (After some further remarks relative to ti:*> cruel\ and unnatural course of treatment that Mvi- cst-i|| perienced on the s'oyage) His Honor \Vhat makes your crime so detestable is that it is th™» crime of cowardice, and if in future men in s position should be tempted to indulge in their in- d_ humanity, the fate of Charles Straker svill act a« | a svarning. But no more of reproach. You have \ perhaps heard the lost words of reproach you svill j ever hear in this svorld, for I cannot buoy you up % <-***p* svith any delusive hopes that the legal points Jak svhich have been raised and most properly your behalf, by your Counsel, that the decision on ."""" these matters svill save your forfeited life. A great svarning is required—a great punishment is prepared. You svill ha\*e time for reflection— svhat remains to you svill be I trust employed ia making your peace ss'ith an offended God. You svill have the benefit ofthe ministrations of ono of your osvii religion—a good old man, full of good svorks—svho svill lead you—you, the unmerciful, to the fountain of All Mercy. Profit by those calm hours of reflection, svhich, unlike" the closing life of Francis Muir, will be untouched by physical pain, in making due preparation for that futuro state on which you must shortly enter. It now only remains for nic to proceed to pass on you tho last dread sentence of the-law, namely—" That you, Charles Straker, be resioved hexce to tub l'lace prom svuence you came, and thence to tiie i'liaoe op execution*, amd that there ix manner aki) form by lasv aptolnted, xou bb hanged by tub neck until you are dead. axd may tue Lord God Almighty have merov os your sinful Soul." His Honor was much affected during the delivery of the sentence, ag ss'as most all in Court. Tho prisoner, svho svept bitterly, svas then removed. • John Straker s\M3 then called up forjudgmont. On being asked the usual question svhat should be said why sentence should not be passed. • Mr. Kino in arrest of Judgment moved a point of lasv to the effect that the avermontof the "Snaresbrook" being a British ship (ss'hich allegation the learned counsel contended svas materially necessary to establish tho case as against the accused) had not been proved in evidence ami therefore that tho prosecution could not bo maintained as being bad in lasv, . His Honor ruled against Mr. King, reserving hosvover as in the former case, tho poitits_ so forcibly argued by counsel for further consideration, and for reference to his brother Judges. Then addressing tho prisoner, he said, — John Straker after a patient fair and length*, ened trial, yon havo been found guilty of the crime of manslaughter, there being 1 circumstances in your case svhich induced me to suggest to tho Jury the more lenient consideration and although I am not quite satisfied that you are not in a legal sense guilty of murder, yet if I erred in so directing that you should be found guilty of manslaughter, that error ss-as on the side of mercy; svho shall say that that little fact that small trait of humanity you evinced svhen thoaccidcntoccured to Muir of. falling from the gaff-—svho sliall say that that fact has not iuHucnced.my mind and that of the jury and led us lo conceive a judgment of your subsequent acts in a more lenient, manner than perhaps otherwise svould havo been the case? Docs not this also prove the truth of maxims and of tho holy gospels that little acta of kindness to inferiors and to those around us in our daily life will not only meet svith reward hereafter but also great reward even in this life. His Honor then comment ed on the act of washing, as the crowning act o. barbarity in the wretched boy's existence and as the moans of accelerating his death, but went pa to say, I,have reason to bolicve that your conscience is not quite seared, and to hope that you ■ repent. In the time that you must pass separatea from tho svorld, you will have the advantage ot a priest of your own religion, a good old man whoso life is ono of charity and kindness to Ins fellow men—listen to his teachings and pass your houi» of seclusion in thoughts of another world, somas svhen your punishment shall have terminated y°» will emerge again into the world a new mani win a new heart ready and anxious by continued act* of gentleness and forbearance to make an tno reparation in your ]>osver for the sad, sad past. Jv now only remains for me to pass tho sentence oi the Court upon you " which is. that,s™ b ° prisoned and kept to penal sorvitude for the sp*«-» of The J p?fsoner (who looked srretchedly ill anil careworn) was then removed. . ~..„' „€ This case terminated the Criminal «tt Court, and it then adjourned.to Thursday wtf. tho Bth instant, when the Civil <n«l» W>U ta*# placo.
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Bibliographic details
Wellington Independent, Volume XV, Issue 1393, 30 December 1859, Page 8 (Supplement)
Word Count
15,226WILFUL MURDER ON THE HIGH SEAS. Wellington Independent, Volume XV, Issue 1393, 30 December 1859, Page 8 (Supplement)
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