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Northern Star (1837-1852), 22nd November 1845, Edition 4 of 4, Page 8

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  • Departments (5)
    • _ * -" mm. intrllifffi^-—
    • -j —- - *- *
    • THE ALLEGED MUTINY AND MURDER ON BOARD. THE TORY-ARREST OF: CAPT. j JOHNSTONE.?- ¦ ii;;;;
    • THE CHARTER ANT) THE T.ANTV
    • ¦ r-rintedby DOUGAL M'GOWAN, of 1G, 6r««' "¦¦* , -••« ? Printed by DOUGAL M'GOWAN, of 1G, •Srsat ^'" 1 ' tf,
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  • Text (12)
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      'Anaros5ar"Tb«E War A Demurrer T To The ...

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      _ * -" Mm. Intrllifffi^-—

      _ _* - " mm . _intrllifffi _^ _- _—

      : ^~ ^ Guildhall. • * ¦ O -L Suow Gateke...

      : _^~ _^ GUILDHALL . * ¦ _o -l _suow gatekeeper of the East _Lon-M 0 SDAT . - _^ am « . el b « o « , _S _refui . admissiolJj at tw 0 don Union , _« um , ? ° oe * Henr 5 Williams , a destitute per--o _' clock tbat mo ™ . n „ to _£ _^ Maam ! in Sidney , who « _, _„ , was _^ P" _™* " _^^ be _a „ improper refusal of the _iTettx nneo _^ _n the _sn _^ oiTeuding .

      BOW STREET . ' - _' - ' :.. _' . _™ . _» -POBBEWES sr _IiETrea Camuebs . —John * _^ f _™ , _!^ S a _leiter-carrier i „ _ihc Po _^ ffice Crd 7 r _^ fn _^ eL w _« b placed at'th e bar before ' T _^ l _^ _T _^ stelxng a letter containing _^ _SS ofth e Postm a _-ater-Generah Wlh . _am ¦ _ThS ' a _MSrrierin _-theLoadon district ofthe _-GeSrost-office , stated tbat on Monday evening , abont £ _St seven o ' clock , he was _« n duty wilh the prisoner X _tte btanch office , in Charing-eross , sorting letters . 4 l . e p risoner was engaged on his rig ht hand side at the 4 ne _Witness _observedxhe prisoner take the letter from lefthandat the

      -the Golde n-square box with his - , same time turning round to his desk , which was situate at the apperpart ofthe office , and as his back was turned he ' put aletter into his right-hand trousers pocket . -Witness -immediately made a communication of what he had seen xo the inspector , and shortly after the prisoner wentinto -adjoining room , leading to ths water-closet , which witness _-OTeutionedtotbe inspector , atxi having followed him , he came outagain after a short delay . _—Yr . James Smithers , inspector of letter-ca " rrieri =, said that in consequence of -what he had heard ftom the last witness , he watched the prisoner into the _water-clostt _, the do _» r of which he listened after he entered ; "Witness then got on a step ,

      _** i > y which he was enabled to see that the prisoner had a letter in his hand , and having ashed him _. what he was _¦^ oing with it , he said " nothing . " He then came out of the apartment , and the letter turned out to he directed to the " Secretory of the Wilts , Somerset , and Weymouth Bailway Company , -149 , Strand , upon which a constable was sent for , to whom he was given in charge . —Mr . "George Willis , aclerk in therailway office , hating opened iheletier , found that it c ontained the transfer deeds of -conveyance for ten shares , with a half-sovereign , on ac--connt , as fees - —The prisoner was remanded . next

      - Francis Cope , another letter-carrier , was placed -at thc bar , charged with stealing three letters . Matthew Teak , a _constable employed in the General Post-office , stated that on _Monday night , about seven o ' _cleck , he went to the Paddington branch ohice , where he met the -. ¦ prisoner , and having searched him , he found a small TObacWbox containing secret -spr ings , which he desired " _iimto-audo , at the same time asking him what was inside , upon which _herepUed two letters , and having set the "hands of the springs , it was opened , and contained letters torn into piece * . Witness then proceeded . with him to search his lodgings , at Ko . 8 , St . John ' s Wood-terrace ; and having asked him on the way what letters * were in The tobacco box , he replied that ' - ' one contained a sovereign , and the oth * r , wliich was only addressed to a servant girl , nothing . " He was then asked by Mr . Cole , ahe inspector of letter carriers , what post date the letters "bore , and he said , " ono bears this day , but the other I _don ' t know . " He was also asked if the sovereign found

      • on him , was enclosed in the letter , and hc said " yes . " _Qasi-aTChing the tobacco box at the station , a letter was -fouud addressed to - ' Jane Stagg , St . John ' s Wood-ter -race , Regent ' s Park , 75 , " and also the fragments of a letter _a-Idressed " JMr . _JBastiri . at JSlre . Harris ' s , Ho . 2 , Wei . _liagton-place , St , Johu ' s Wood-road , near the chapel , _london . " Other evidence _wasTicanl , _vo & tit prisoner , who said nothing in his defence , was ordered tobe remanded . Tlie prisoner was again charged with stealing -another letter containing money . It appeared from the _evidence , that a letter containing a marked sovereign , a shilling , and a sixpence , was addres « ed by Mr . Walter _TScultlirope , a president of the General Post office , to a 3 Dss _5 I * Kei . ne , ol St . John ' s Wood , and although another letter was delivered on the same evening by the prisoner atthe same house , nothing was heard of the letter in question , the contents of which were found upon his per-¦ son _.- * He was again ordered to he remanded upon this _char-je .

      _JFbiday . —Francis Cope , a letter carrier at the _Pad-< lington branch postoffice , the particulars of whose case hare already appeared , was brought before Mr . Jardine for final examination , and the evidence being completed , Jlie was folly committed for trial on three distinct charges . John Gord , a letter carrier , at tlie Charing-cross branch office , was also brought for final examination upon a charge of stealing two letters , and the evidence given on -a former day being completed , he was fully committed for trial .

      MARLBOROUGH STREET . _JMOSDAT . CaPTCBB OF GA _** IBI . EJiS . —At tWO o ' clock , < m Sunday morning , a party of the C division of police , Trader Superintendent Beresford , proceeded , on the : au-Ihority of tlie police commissioners , to the house , No . 7 , Sennet-street , formerly occupied by Mrs . Edmonds , ot -KU 1 discounting fame , and having gained an . entrance , proceeded to take all parties in the house iuto custody as . gamblers , and as being found in a common gaming house . In the exercise of the additional powers invested in the police by the Games and Wagers Bill , some of the _^ parties captured were searched on the spot , in order to ascertain whether they had any gambling implements -concealed on tlieir persons . It was the want of this power of search , in case the party to be searched objected

      -to the operation , that was supposed to operate as a bar to the conviction of parlies taken into custody on suspicion of being gamblers , as it was allege-i that such parties , by concealing the implements of gambling on tbeir persons , an general prevented the police from obtaining a material _jortion of evidence . The police , however , find that this -sew power will not assist them to the extent anticipated , sis the practised gamblers are too wary to have now _anything more than dice and dice-boxes in the house , which may bc effectually got rid of in a few minutes in case of attack . Mr . Wilkins attendedfor the defendants , who gave the foUowing names : —Charles Wilson ( real name Henry _"Oldfieldji John Morris ( real name Jones ) , * John Humphrey real name Sowden ) , W . Johnson , E . Martin , Richard Sey--iord . Superintendent Beresford : I am superintendent of

      xhe C division . I produce papers containing the report to -lhe commissioners of the house , Ho . 7 , Bfcnnet-street _, _iietng a common gaming-house , and the order of the _commissioners to enter the house . In obedience to that order I went , with a division of constable ? , at two o'clock on Sunday morning , and I -rang the hell at the house , _Ko . 7 , _Itennet-street , The door was opened by Johnson , and 3 took him immediately into custody , and handed him orer to Inspector Squire , who accompanied me . I went _forward and took two other persons , who gave the names ¦ o ? Humphrey and Seyford . Humphrey I have known iefore by the name of Oldfield . I went np stairs into several room- ? , hut found no persons there . I came down stairs , and found two more of the defendants , Wilson and " S & orrison , in a room before a supper-table , which had _refreshments on it . The other defendants I did not see taken Into custody . Some of the defendants were

      . searched in the house , ami others at the station-house . JI searched the house all through , and on thu second floor 1 fonnd two rooms , one of which was fitted up as a _JjiUiard-room . The door leading to the inner room ivas made of iron , and remarkably strong . It was provided _^ _vith a sort of lever machinery , by the help of which the : five bolts at the top , bottom , and sides were all shot at -once . This door was open when I entered tbe room . The window-shutters were also cased with iron . I searched about , but I could not find any implements of gaming . No implements of gaming were found on the . defendants . Five of the parties I have known for a length , of lime as the associates of gamblers and the _fre-^ nenters of _gaming-honsec . Two of them have been 3 iere before , and one of them has been convicted . —Mr . _Maltby said the evidence did not go far enough ; there ¦ was no case made out against the prisoners , who most be _discharged .

      - """ WORSHIP-STREET . _JMokday . —William Ball was placed at the bar for re--examiuation _, before Mr . Broughton , charged with having -administered a certain whit * powder , supposed to he poison , to a little girl , named Jane Eastman , eleven years -of age , the daughter of an undertaker in Somerset-place , _JHost-jn . The particulars of the first examination _appeared in this paper of Saturday last . Iu consequence of the chemical investigation , ordered hy the magistrate , cot-fearingyet taken place , theprisoner was againrejnaaded ( on bail ) until Saturday .

      SOUTHWARK . _JIosdat . —Henry Killerby , the young man charged < trith-leading threatening letters , some of them _contain--ingjpoisjn , was brought before Mr . Cottingham for _re-^ _fijmuihlsttiou . The particulars of the char-ge have been . -repeatedly given in this paper . Mr . Cottingham , this - ¦ day ,-committed theprisoner for trial . Sureties will he _= 2 & ken fur the prisoner ' s appearance to answer the charge . _TtjiSDAS- _—CaCTIOSI—FEAt-DOLEST LOAM SOCIETIES . .- _—Severalpersons , male and female , attended to solicit the _magistrate ' s advice under the following _circumfiances : _—i _' scni the statement of one of the parties , who was _^ l'lkesmaa on the occasion , it appeared that , being _^ engaged in trade and wanting some money to carry on 2 j 1 s _business , he applied to the Surrey Loan Society for

      ¦ She _adcznce-Of £ 10 . The money was accordingly _advanced on his gi & ig the necessary security of a stamped . note forthe full _acaount . which was to be paid by weekly _'instglspents of 4 s _> _3 . Having repaid back the money he _Jbunswed , tfce _persons belonging to the society refused to deliver . im the boofc « r voucher in which the different _instalments were enteral , and , to the surprise of the appli-.. ea . Bt . iUMl other _borrowers , a Mr . Jerwood in the city is _ _-nou- _* uj # g money of . ttem and their securities , when it _jcaate jcavedtte Joans / iave been repaid . —In reply to Sfc , _Couiugham , lhe appl & _Eant said that one of the _principal partners bAoaging So the Loan Society was now a _J > 3 _ukn £ pt , « _sdthat- | _p- ) n an application to a 3 _Ir . Lord he admitted _adrsacing mo . iey ta the maungers of the society . 6 . 1 the _Unauotaf , but said that they promised to redeem _Ihtaa as tlie loans were paid off ; that many of the

      _appli--eaute books containing thc entries of cash they repaid were now in riie hands of the secretary , who refused to _s-rfnr-a . _tlifan , and . proceediugs had been actually comjneneed against several of the borrowers to compel them to pay the money over again . That the managers got the _Jwoks as vouchers from the borrowers hy pretending that they were required at ihe office for the purposp of bein " exiuiiadd . —Mr . _CoUingham said , that assuming what lhe applicant said to be correct , a very gross fraud had _bien attempted by the parties complained against . " _^ m - _" _^ *'! - case di , J aot _onie within his jurisdiction , smut the circumstances were as represented , he would _SJi , , _« W 11 ? nt » .. » lose no Uuie in employing a _^ n _^ _S ° « _J . T _" " at ! ea , I > : at fraud * The - - _* i 1 k _i _^ - « Sthauk-iath _,, 1 na 3 « lrates _theu withdrew .

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      .Court Op Exchequer: - Saiommtv Xov. 15....

      . COURT op exchequer : - _SaiommtV _xov . 15 .- Ca .-s of ; tHE B _** A « _tuw Pibates . —This being ' the day appointed by the judges for hearing the arguments in the case of . murder and piracy , tried before Mr . Baron Piatt at the ' . late Exeter assizes , the court was besieged at ah _earlylhour . by crowds of weU-dressed persons of both _aexes ,. and long before ttujlr lordships took their seats upon the bench , every available nook and corner , was : occupied . '; .. There was an exceedingly full attendance of the gentlemen of the long robe , and one or two foreignersi of distinction , including a French _judge , 7 were bbserred to be . present . * Shortly after fen o ' clock their . Lordships , consisting of _^ the chief judges of the Courts of Queen ' s Bench ,, Exchequer , and Common Pleas , entered the ' Court , ' . and the case was

      immediately proceeded with . The Learned Sergeant -who was engaged for the _prison « rsl £ artinbs Joaquim and de Santos , proceeded to read the statement which Mr . Baron Piatt had supplied to the other Learned Judges : It merely recapitulated facts elicited on the trial , whieh have already appeared in this paper , and concluded by stating that the _^ risoners had been fcuhd guilty , of the offence with which ' they . were charged , and _senteaceB of execution hadbeen passed upon them , but subsequently respited till the 24 th instant . The Learned Sergeant contended that the conviction was wrong upon two grounds . In the first place he said that bo crimti of felony hadbeen committed ; and secondly , he said that supposing a crime in tiie nature of a felony had been committed , the Court at Exeter had no cognisance of the case . Now the

      grounds upon which he said ho crime had been com . mitted was , that the _twovesBels , the Felicidade , and the Echo were wrongfully taken ; hut it wouldbe sufficient to support this branch of his ; argument to show that either one or the other had bsen wrongfully taken . Ia the first place , then , he said the Felicidade was up . IawfuUy and improperly , captured . ' The capture of the ' Felicidade was attempted to be supported at the trial on the grounds that these parties' were pirates hoches humdni generis , and were , therefore , properly hunted down by any persons who might choose to take the risk upon themselves ; and that was supported on the ground that , by the treaty , the offence of slave _^ trading was declared to be piracy , audit was held that the offence of slavetrading wasicomplete . on going a Voyage for the purpose of

      taking in slaves . Now , be contended that such * wasnot the meaning ofthe treaty nor of the law of England , and he supported thisground by ' showing what theEnglish Legislature had declared should be thenature of piracy . * But he tookhigher ground than this . ' lie _* _aidthaWtuppoimg the treaty did expressly state , in the terms of the 10 th sec . of the 5 th of Geo . IV ., that all attempts to deal in slaves should be piracy , it would notbe binding upon the subject of BraziL If a Brazilian subject , after the treaty , engaged himself to the slave-trade , it would be a ' grievance against £ ngland t for which the EngUsh ambassador at Rio de Janeiro might have- remonstrated ; bnt ths mere fact of a declaration existing , between ; the

      two countries declaring a particular act tobe a crime , did not make , the Brazilian amenable to the laws of England . It was urged by his learned friend , and so ruled by the learned judge , that the" clause of th « treaty was merely directory , and not essential . Their lordships would see by the act of the 5 th Geo . TV ., c . 113 , that piracy was defined to be the actual carrying of slaves , and not to make a preparation for the slaVe trade ; but , supposing the treaty h * d provided'that the subjects of either governments preparing and fitting out _vessels for the slave trade should he guilty of piracyi would that make it punishahle by death , which' the Legislature had declared to be punishable with fourteen years' transportation at the outside ? . 'J There were remarkable instances

      on record where one country could not take cognizance of the piracy of . another . In the gear 1510 the £ mpevov 'Philip the Second of Spain , by an edict , declared his subjects guilty of piracy who should attempt a fraud upon ah insurance company in effecting an insurance upon a ship . _InlSSO the same prince made , another declaration that all parties' whoshduld destroy the herring nets oh the coast of Flanders should be' guilty of piracy . . Then , again , there was the case of the Russian ambassador , in the reign of Queen Anne . Although it was found that the ambassador had committed a gross" violation against the law of nations , it was not punishable here . It was only matter for the remonstrance of the English ambassador in Russia , He now came to another part ofhis argument . A clause in the . treaty prohibited the

      detention , on any pretence , of a vessel not having slaves on board . J This clause was introduced for the very purpose of preventing the capture of vessels in which there was no slaves .. This vessel had no slaves onboard , and it did not appear that she had ever made any voyage . He did' not know that any words could be more stringent than those which appeared in this clause , that no vesssl , on board of which' no , slaves could be found , should be detained on any account or pretence whatever ., It appeared to him , therefore , that tlie Felicidade was wrongfully captured , and being wrongfully captured he ' submitted that she remained a Brazilian and foreign vessel to all intents and purposes as if that wrongful act had hot taken place ; but ' on tbe trial it was contended she became an EngUsh vessel , and that all on hoard of her were subject to the English laws . Kow , he might just as well argue that a British vessel coming from Sicily with a cargo of oil to the part of Hull ,

      and detained by a Spanish ship on suspicion of being a _smuggler from Gibraltar , became , liable to the laws of Spain . What would Admiral Blake or Cromwell have said ! Mr . BaronAldersen : The question is , what the judges would say , not what Admiral Blake thought . Mr . Sergeant Manning thought they would all _jigree . Could it be seriously contended that a vessel taken possession uf wrongfully by the subjects of another power , became amenable to the laws of that country ! He would how proceed to show how the Echo wss wrongfully captured . The treaty provided tbat there should be no detention or seuuro ofa vessel , unless it was made belonging tothe royal navy of the sovereign whose subjects make the search ; nor should the search be conducted by a person of less rank then a lieutenant . _j . It was expressly provided in the treaty that a ship captured could not be considered a part of the navy of Great Britain till such time as a condemnation had taken place in the courts of Sierra Leone . ' The Felicidade had never been condemned at

      all , having been lost in her passage to Sierra Leone ; but even if she had heen , such condemnation would not have had a retrospective effect . This defect in the capture of the Felicidade , however , did not apply to the Echo , for she had slaves on board when she was captured . But in the capture of the Echo , . there were circumstances of another kind , which did not apply to the Felicidade . It was provided in the treaty , that no person under the rank ofa lieutenant should search a merchant ship suspected of being engaged . in the slave-trade . Now , Lieutenant Stupart did not search the vessel in question , but it was undertaken by Thomas Parker , ; a midshipman . It was not sufficient for the purposes of the treaty that Lieutenant Stupart should be on the deck of his own vessel hard by , but it was required of him that he should make

      the search and capture in person . He ( the learned council ) therefore contended that the capture was illegal , because itwas not undertaken by Lieutenant Stupart . Hethonghthe had . shown their lordships quite clearly , Irom the review of the facts that he had placed before them , tliat Majaval had a right to regain his ship , and the other parties toobtain their liberty . If the seizure of the Felicidade was in the first instance illegal , . then had the owner of that vessel , on the earliest opportunity , without appealing to the Court of Sierra Leone , or any other tribunal , aright to recapture his vessel , and to use whatever force was necessary to obtain that possession . He also contended that the men taken prisoners had a similar right to exert themselves by . force to obtain their liberty ; and any other means of obtaining their liberty

      than by simultaneously rushing on Mr . Palmer and the other r-samen in charge , did not appear practicable . In the . - "mtlict that took place "Palmer was stabbed and thr « r overboard ; but , under the circumstances ,-there war j proof that the act in question was murder . He nov . came to another of the objections he had to the convietion of these men . As foreigners , he maintained they were not amenable to British laws . . The vessel in wliich these men were , at the time of this-unfortunate occur _, rence , had never ceased to be a foreign vessel , and therefore , inlaw , a foreign bottom ; therefore no court of law in this country had jurisdiction over it or them . The case of the King r . Depurdo , 1 , Taunton's Reports , proved what was the jury ' s duty under such circumstances .

      Mr . Collier then rose to address the court on behalf of the three other prisoners , James Majaval , . Francisco Serva , and Jcse Alves . He submitted thatthe csurtsof this country had no jurisdiction over those for whom he appeared , as they were foreigners , and had never , by any act of theirs , given in their adherence or allegiance to th e government of this country . The learned counsel's argumints were the same in spirit as those of Sergeant Manning . —Mr . Godson , Q . ft , replied on the part of the crown . The learned counsel then went at great

      length into the arguments that had been used on the other side , urging that the capture of both vessels was lawful , and that these parties were in legal custody and on board a _ressel , which by the capture hadbeen constituted a Sritish -Tassel , and that in consequence they were amenable to the laws of this country . He also contended _h-i-j _* _- . the moment the vessel started on her voyage the piracy commenced . —Their lordships then rose to consult together- The regular rule is for the judges not to express aa-opinion publicly , bnt to direct the high sheriff of the county what he is to do .

      COURT OF QUEEN'S BENCH . _Ikpostant tc _FaAHEwoEK-KKiTTEns . — _Chownee v . Coiuiiks . —This was an action for work and labour , and money had and received . The plaintiff was a workman as a fi' _-mieu-ork-knittet'at Leicester , and the work done was the knitting of wors ted hose . The defen dant was a sort of middleman between the chief employer andthe workman , and claimed a _! set off equal to the demand for frame work rent , and other mat . - ? 1 ' - ' of which the plaintiff had enjoyed the benefit . The . i * et off was equal to the whole sum demanded , as * the _defendant was said to hare already paid what was due iu respect to the actual _hxboxsv

      ofthe plaintiff . It seemed , from the statement of the case , that it is now a frequent custom in Leicester for the manufacturer to give an orderfor themak _^ -S of a eertain number of pairs of stockings—these werem'ade by workmen who formerly were _^ the owners of machi . _i- es » hut who now usually performed their labour , with machines standing on the premises of a middleman , or " _u'ldertater _, " who receives . ' the manufacturer ' s ori . er and undertakes to execute it , and whe then gives the work to the handicraftsman , agreeing to pay- at a ci ' rtam rate for sof many pairs of stockings , but deduc _^ " 8 OUt of that noininal sum the rent for the use of machin '•?•*

      .Court Op Exchequer: - Saiommtv Xov. 15....

      _anaroS 5 ar " Tb « e war a demurrer _T to the 'plea raising " the question whether such deduction was legal under the truck ' system act . > 'Mr . Whitehurst , in support of the demurrer , ' contended _ttiatithe deduction was not legalthat it was . In fact , a . deduction from labour , or a pay . ment in : the shape of rent for , that labour , which the act said ought to be paid by money , alone . To allow of a ' deduction would be to defeat the provisions bf this act , for if rent of the machine could he put forward as a payment , so might other things , and the whole act might be successfully evaded . The workman was entitled to the full pay . ment of his wages , which consisted of that sum which it was agreed he should receive on , completing a certain amount of work , Mr , M . V , Hill insisted that the pay--fl —rrn _^ i rr ~ nT _^

      ment agreed on wasnot constituted entirely of wages , but of something-besides such ; as rent of . the machines with wbich the labour was performed , and that what the middleman received ! consisted ef those two ingredients , and the workman ' s claim must . be considered with reference to that . fact . ' There was : nothing , _^ erefore , in this case that related to the truck system . " '¦ ¦ ¦ That _wasa system in which something , ' not , money , . was given for labour , * and that system was forbidden by law . But where , by the custom of the trade , the thing performed consisted of the machine labour as well as that of the man , the rent for ; the machine was not the subject of the provisions of the truck act any more than the material itself . The 25 th section showed that " wages , ' ' as there used , meant only remuneration for labour . ' . ¦ . > : _¦' ' !

      _-.--. The . Court interrupted- the -learned _comuselj and postponed the further hearing of the ; _casei ¦ .. •" ¦( .- : ¦ ¦ ' _* - _¦; : ¦'• . ' - ' :

      INSOLVENT . . DEBTORS . COURT . ' . ' ; _, _; 7 M 0 NDAr . i _^ lN be Ja mes ' _"BoND . _^ J _James Bond , was opposed by ' Mr . Dow 6 e . 7 _W The case of this insolvent oceupiedthe ' . court a considerable . pM t of ' the 7 day ; 'The opposition . ' _-vi'as ' instituted chiefly with a view to inquire as to pr 9 perty , particularly to ascertain _^ _disinterest under a recent _^ marriage settlement , by which he participated in the enjoyment ; bfa considerable income _^ Iii the J boui'sb of ' the ' inquiry it transpired that he had , both bri _* 'the continent and in London , been known - by the names of Sheridan '

      Captain James Bond , - B . A ., or Bombay Artillery , & c . ; but as he admitted that this was an honorary addition of his own fancy , ; Mr . Commissioner Law , amidst some laughter , said he _suppose ' d it might 7 be interpreted bachelor of arts . ¦ The' insolvent said . he found it was desirable cn the continent tb use some ' cognomen ' to distinguish him froniaperson ofa similar name well known in London . _, He had , it ' appeared , pledged some plate while in prison , biit it _wais his wife ' 6 property , : and it had been redeemed . The Learned Comraissibner _, « after hear _^ . ing the . evidence , ordered the case to" stand-ndjourned tilltheoth , bfDec ' ember 7 '¦' ' _'« - ;• ' : _: ;> ;

      The Alleged Mutiny And Murder On Board. The Tory-Arrest Of: Capt. J Johnstone.?- ¦ Ii;;;;

      THE ALLEGED MUTINY AND MURDER ON BOARD . THE TORY-ARREST OF : CAPT . j JOHNSTONE . _? - ¦ ii ;;;;

      ' On Monday, Mr. Clarkson, Counsel For T...

      ' On Monday , Mr . Clarkson , counsel for the prosecution in the case ofthe men charged with piracy and murder on board the ship Tory , accompanied by Mr . Hawley , _cferk to Messrs . Crowder and _> 'Maynard solictors , came to the -Thames _Police-offiee in haste , and white a night charge was being heard / ; the learned counsel , who' was seated under the bench , arranged his papers , and it was announced that he would make an important application relating to the . case . After the case had ' terminated , however , 'he made some communication to Mr . Broderip , the sitting magistrate , and accompanied by Mr .. Symonds ,, the chief

      clerk ; and Mr . Hawley , retired tothe magistrate ' s _private ' room ; where- they ; were _closoted for some time . . UltimatelyMr . "Clarkson leftithe building without making any application to the . magistrate . Directly after the conference had ; 'terminated , Mr . James Evans , _jmh' Inspector of Thames police , was sent for , and received some directions from Mr . _Symons : The greatest _secresjr was observed by all parties ; and the inspector , after a very short interview with the ; chief clerk , left the court in great haste . Whether Captain Johnstone _wasiarrested at that time we have been unable to learn , ' but ho was taken into custody in the course of the day , and lodged in tbe Tower-street station-house . ' _^/ -The cause which led to this extraordinary , but not unexpected ,

      measure , was that Captain Johnstone , was making preparations to leave England . The inspector , in pursuance of direotions from Mr . Broderip , had looked very closely after _tfce captain since he gave such extraordinary evidence on Wednesday last ,, and also caused him to be examined by a surgeon , who found a _^ very slight scar or scratch behind one of his ears , and a markon the calf of . his leg . It will be recollected Captain Johnstone in his evidence said that Mars , thesecond mate ( who was afterwards murdered on board ) inflicted a wound upon his head with a bayonet , and that he struck Mars in return with a cutlass , and forced him but of the cabin . , He also stated that when off Plymouth there was a rush aft , that French ( one of theprisoners ) sung out '' Mutiny , " and that several men entered the cabin , and extinguished the lights , and that he received a wound in the calf of his leg from a bayonet , and another , as if

      from a knife , above the jugular . What motive the seamen could have had to get up a disturbance off an English port , where immediate aid could have been obtained , was never explained by him . It appears , however , that he has received a wound in the calf of his leg , but an extremely slight one ; Cone , Gair , and other wounded men have been examined by Mr . Lavis , the surgeon of the Westminster , Bridewell , who will make a report to tbe magistrate at the next examiuation . Mr . Pelham , jthe solictor , who is conducting the defence for the ' _prisoiioi' 9 , gratuitously , has retained Mr . Ballantine , jun ., the barrister , on their behalf . The news of the " arrest and detention of Captain Johnstone became universally known last eyehingin the eastern part of the ; metropolis , and created a very great sensation' 7 " Joseph Morris _^ a seaman _^ who received a pistol shot in his leg oh board tlie Tory , still remains in the Dreadnought hospital ship in a very precarious condition . 7 7

      EXAMINATION OF CAPT . JOHNSTONE . On Tuesday ,-George Johnstone , late master of the ship Tory , ' from Hong Kong , was brought before Mr . Broderip ; ofthe Thames Police Court , charged with the wilful murder of Thomas Reason , a seaman , on the high seas , within the jurisdiction of the Admiralty of England . ' - _^ ' _' -c The prisoner is rather above the middle size , 35 years ef age , of florid complexion , and rather sunburnt _, lie is a man of reckless appearance and manner , and seemed to treat the serious charge against him with some indifference . .- - "

      Mr . Pelham appeared for the prosecution , and Mr . Humphreys , of Newgate-street , attended fer the prisoner , who was apprehended on Monday evening , by Inspector Evans of the Thames police- *! and ' lodged in the station-house of the Thames division . A bed was made up tor him in the lock-upjiandtwo men sat with him . He passed a very restless night , and frequently _groaned aloud . Onthe charge being made known to him , he denied that he had been guilty of murder . Soon afterwards he had an interview with his wife , " and gave utterance to a wish that he was dead . He is a native of Scotland , and very respectably connected . '•• - " ¦

      It will be recollected that sixteen of the crew were charged by Captain Johnstone with mutiny , on Wednesday last . When Mr . Clarkson , counsel for the prosecution , first mentioned the case to the magistrate , he said that three men had been killed on board , Rarabert _and Mars / the first and Becond mates , and an able seaman named Reason . The learned counsel intimated that Reason had been poisoned . ' Singularly enough the captain , in his long and very unconnected narrative , alluded to the deaths of Rambert and Mars , but he never alluded to Reason at all , except that he had put him in irons with two others , when the ship was near the island of Ascension , and subsequently released him . Sonic ofthe

      prisoners , in describing the appalling scenes of bloodshed on board , and the savagenessof the captain after passing the island , of Ascension , said that Reason was one of those who' had fallen a victim to the ferocity of the captain , and that he cut him in a brutal manner , with a sword , about the head and body . "' Their statement was partially confirmed _bySinclair , the carpenter , a witness for the prosecution j who said he had seen the captain strike Reason several times with a sword in various parts of the body , but he could not say whether he inflicted more than one wound . On the prisoner being placed in the felon ' s dock , the most lively interest was manifested by the people in the court , which was crowded to excess .

      It was expected thatthe prisoner would be arraigned for three murders , but on Mr . Broderip directing Mr . _Symmohs , the chief clerk , to read the charge , as entered in the police sheet , it appearod he stood accused with the wilful murder of Thomas Reason only . -..: ¦• _-. ¦¦ ¦ . Mr . Humphreys said he had been retained by some friends of the prisoner to defend him , a fact of which he was probably not aware ; for he had not yet communicated with him . Mr . Broderip : You had better do so liefore the case proceeds . .. .. .. Mr . Humphreys , having conferred with Captain Johnstone , said it was by the prisoner's own directions that he . had been retained to conduct his defence . # James Glover , a sailor boy , was then sworn : Hc is one of the apprentices of the ship , and said herecollected the death of Reason ; but he did not know the date . The deceased expired one night in the cabin . Before he went into the cabin he . heard

      Reason say , " Spare me , captain , spare me !" Mr . Broderip ; Did he say anything else ?—The witness : Nothing else . '; ,. '' , 7 ,. ' _.-, Mr . Humphreys : You will be so kind , as . to have his answer written down . .- 7 / '"" - .. Mr . Broderip observing some timidit y * iir the boy , addressed him , and said this scene was no'doubt new to him , but he had no occasion to be under any apprehension whatever . He was to tell the truth , the whole truth , and ' nothing but" the truth , whether it made for or against the prisoner . He . exhorted him to attend to the questions put to him , to conceal nothing , and not to be alarmed . The boy continued : I went into the cabin shortly after Reason said _«• Spare me captain , ' _^ I saw -Reason , who appeared to be in a dying statei I saw Che _? f _Pk » n e _^ mining a wound in his left breast : ' _Isa \ T the blood flowing from the wound . The captain had a bayonet in his hand . There were two other wounds , j one on his temple , and the other on his forehead .

      ' On Monday, Mr. Clarkson, Counsel For T...

      _""They were fresh wounds and"bleea 1 ng " pif 6 _fffiielyi Reason died about ' . ten minutes after that . . _/ I . _^ was present when he expired / - _,. . _uri-v . _^ : ' _- _-h _^ _tm _- ' Mr . Broderip : 'Areyou quite sure you heard ; Reason say , " Spare me , captain ? ' ! -. WAitness : Yes , sir . - Mr : Broderip : -Did he sayanything in-the cabin < —Witness : I don't recollect hearing Reaspn say anything in the cabin . . '• "J V _>< _q---, i ' _„ _£ 9 Mn Broderip : Did hesay _any thmgabout any Imt ? -rWitness : Yes , he asked me . lor , some lint . _; _, _^ Mr . Broderip - .-What , did you say in . return ? - Witness : —I . told ' himit 7 was _abused . ; . Mr , Broderip : And .. was -it all ttsed?—Yes , it irrT _? rri 7 _iiTmrrrniiiiii » saHgsffi 3 _FWfiB

      was , sir . .... . , _:.-ii-:-i _-- .. t £ . Mr . Humphreys asked the witness if he was examined last week , and he replied in the negative . ' . ' Mr . Brdderip : I _^ you allude to the charge of piracy against sixteen seamenbelonging to the Tory , lean say ,,-he-has not . been examined . I suppose , Mr . Humphreys , you will hot ask any further questions at present ?—Mr . Humphreys : No , sir . Mr Broderip asked Inspector Evaria , who conducted the case , if he had any further evidence , to lay before the court ? Inspector Evans : Not at present , sir ,

      Mr . Broderip : Will you be prepared to lay any further evidence before me ? ; . Inspector Evans : Yes , sir , a good deal of evidence . f . Mr . Brdderip said before he remanded theprisoner il ' washis duty to ask him if he had anything to say , and cautioned _^ him iii the usual manner that what he did _say _^ would be written down , and might be used in evidence agaihsthim hereafter . " Mr . _Humphreys spoke to the prisoner , and said that under his advise hc would not sayanythiiig . ' Mr . Broderip ' : Then it is my duty to remand the prisoner on this charge of wilful ; murder till tom 6 _irow 7 ' 7 '; ""'•' - >''' , "'" ••' ' ' - ; " '''¦¦ ¦ The prisoner was then removed from the dock .

      DISCHARGE OF-THE ACCUSED'SEAMEN . ; _VVednesday being the day appointed for the . examii nation of Captain Johnstone , the master of the ship Tory , who stands charged with the wilful murder of Thomas Reason ; one of his crew , and also the re--examination of fifteen men belonging to the same vessel , who was charged with mutiny , the Thames Police-court and the avenues leading to it-were at an early hour thronged with people , and the most intense excitement prevailed . ; ' . v . v Soon after ten o'clock ; the fifteen prisoners charted

      with piracy were brought from Westminster bridewell , and placed in the dock . Their names are Franklin Tucker ( aged _SO , ) William Burton ' ( 20 ) , David Johnson ( 24 ) , Wm . Beresford ( -17 ) ,-Wm . Dun SI ) , Thomas Gair ( 25 ) , John _^ AUison ( 36 ) , Thomas e ( 34 ) , Andrew Nelson ( 32 ) , Barry Yelverton ( 17 ) , Stephen Cone . ( 31 ) , * . Richard French ( 33 ) , ; Peter Curtis ( 23 ) , James Blackdon . ( 23 ) ,. and Robert Thompson ( 19 ) . Cordeviallo ,. the . Italian , who was discharged from custody , was again forthcoming to answer any charge that might be prefered against

      Mr . Clarkson ( amidst the most profound silence ) said the court would recollect that , when the prisoners were last under examination , he had stated , onthe termination ofthe inquiry , that the owner of the Tory had no other object _in-view but public justice . A statement hadbeen madeto the owner that the prisoners had ; committed a most serious offence , and ne had no other alternative , . when the ship arrived , but tolgive them in custody , and cause the tullest inquiry to be made . He now had to announce that the owner , irrespective of . all parties ,, had but one course to pursue , and he did not feel called upon to offer any further evidence against the prisoners . : ... _: !

      Mr . Broderip : Then I am to understand you abandon the charge against the men ? . Mr . Clarkson said , as far as the solicitors for the owner were concerned , they would" do so . The disclosures which had been made satisfied the owner that the charge could not be sustained-Mr . Broderip having made some comments on the evidence adduced against the prisoners hy , the captain , said that evidence was not sufficient to justify him in detaining the prisoners any longer , and they were discharged . ..: Loud cheers burst forth directly the magistrate had concluded , accompanied with cries of " bravo . " Mr . Broderip : If that breach of decorum is repeated , I shall be under : the necessity of closing the court . This is not a theatre , and such a manifestation of feeling is most indecent . . ¦

      Mr . Ballantine , on the part of the much-injured men , wished to say a few words . Their innocence of the serious crime laid to their charge was beyond a doubt , and if the case had proceeded further it would have been shown that they exhibited the greatest forbearance , and that the most gross injustice had been practised towards them in putting them into irons ,, and giving them into custody . So far from being pirates , or wishing to run away with the ship and cargo , it was entirely owing to their good conduct , passive endurance , Christian submission , and sailor-like fortitude , that the ship had reached home at all . They had met with insults and injuries of the

      most grievous description , and many of them would carry their wounds to the grave . They would leave the court without a blemish on their fair fame . They were good seamen , perfectly trustworthy , and no merchant need be afraid of employing them again in the same capacity in which they had been engaged on board the Tory , where the appalling cruelties exercised by the captain would have well justified a mutiny . Mr . Broderip told the men they were discharged , and they all bowed respectfully and left the court , to the great delight of every one present . Mr . Pelham advised them to proceed to the Sailors ' Home , and remain there .

      EXAMINATION OF CAPTAIN JOHNSTONE FOR THREE MURDERS . MOST APPALLING DISCLOSURES . Soon after the liberation of the seamen , George Johnstene , master mariner , was put into the dock frem which they had been released , and was charged with the wilful murder of William ? Rambert , chief mate , William Mars , second mate , and Thomas Reason , able seaman , onthe high seas , within the jurisdiction of the Admiralty of England . The prisoner having been accomodated with a seat , he leant his head on the front of the doek , and his face was invisible during the _^ _^ greater portion of the proceedings . He only occasionally raised his head , either to speak to Mr . Humphreys , his solicitor , or

      to express satisfaction with his countenance whenever anything favourable was adduced . To some of the dreadful recitals he exhibited the most callous indifference . Henry Slack , a youth about 17 years of age , was the first witness called , and his evidence and the appalling disclosures he made were listened to with breathless attention ; He deposed in & clear and distinct manner as follows : — I am an apprentice to Mr . Duncan Gibb , the owner ofthe ship Tory . When the ship was on her return voyage at Fayal , the captain went ashore in a boat . On his return to the ship he went into the cabin , and a few minutes afterwards he came upon deck . He spoke to some of the crew , among , whom where

      Thomas- Reason , Stephen Cone , and Thomas Lee . He then called for Mars , the second mate , and spoke to him , but I could not hear what he said . He struck him immediately afterwards , with tlve butt end of a pistol I believe , but lam not quite certain of that . There was a pistol in ., his hand . After the captain had struck Mars , he called Reason , Cone , and Lee into the cabin , and spoke to Thomas Lee . I was called down into the cabin with a light , and when I entered the cabin he was speaking to Lee and Reason ; I don't recollect what lie said to them . He afterwards sung out for Rambert , who came into the cabin , and ! , after the captain had addressed him he struck him . After he was struck blood flowed from him . Mars was put in irons by the captain ' s order , and placed in the main

      hatchway , where be remained about three quarters of an hour . He was then ordered to be taken out of irons and go into the cabin again . I did not hear what passed there . I heard some words , but could not understand their purport . I was in the companion , and Mara was in the larboard after-cabin . Barry Yelverton ( another apprentice ) was also in the larboard after-cabin , Mars was sent up again and S laced in irons again on the main hatchway , where e remained for about three-quarters of an hour to the best of my recollection , when he was called down again to the larboard after-cabin by the captain , I saw him handcuffed then , and the captain struck him on the head with a cutlass and inflicted a severe wound from which the blood flowed . While hewas

      bleeding he was again ordered on deck and placed on the main-hatchway . He remained there about half an hour or three-quarters of an hour , and the captain again ordered him to come down to the cabin , where the captain struck him with the cutlass about the head and hands , and cut him dreadfully . He was then sent on deck again . Mars did speak in a low tone , but what he said I cannot recollect but he was again placed on the main hatchway . His face was then covered wilh coagulated blood , and lie could not see whether there were any fresh cuts or not There were cuts on his bands and fingers , and they bled profusely . He was again called down , by whom thistime Icannotsay , as I was on deck ; Directly after this an order came for me , and Julian Cordiviallo , the Italian , to leare the main deck and go into the cabin . We went there , and found " i the nan

      tain at dinner . Mars was sitting _down- _zaud seemed in a very weak state . The captain , told me and _Jukairto make him stand up . _; _Retold him to get up . He did so , and immediate y fell again from loss ot blood ¦ and said he was not able to stand The can tain , after making another cut at Mars , proceeded to fin sn his dinner , and gave me the . cut d took hold of one end of it and Julian . the other and told _^ w _^ _? ° Id _? _^ _- back of the word , ' which he S _rfh _\\ , \ 2 rS up ' he said he _™ s not able to hold on to the sword , and we let it go . I then took a piece of cord by the captain ' sorderaand _wt „ _SaK ne _! _* _£ _moaned heavily , and said he _nwnotabkto stand ui tbat way . His head fell on one side , and he faintly prayed ibrmercv .. Ithenlet lum down again , and he seemed to be veiy weak and in a dying state , / _flie . captain then ordered him to be UKen ° « t ofhis sight and said he looked thomur-

      ' On Monday, Mr. Clarkson, Counsel For T...

      , _deWr'in"hi _8- fa _^ . _^ William' * Burton » and > Franklin . _Tjiekefc-Jseve ; ordered ,. . down . into , the . cabin , and the ; captainC _^ " told , themrnot ' tb ; toucK ; Mara 7 with their . hands-. / -f They ' got 7 _» 7 r 6 pe _* s - eni _' ahd made it fast round his " . _jfiody , 7 TI 1 J ! captain said , "Tako him outof this , take Em awajrj ' _, squeeze him , sqeeze him weli ; 7 He 1 . was 7 takeh ; bh deck ; arid I followed him . He was taken abreast of the main hatchway on the larboard side . 7 There was a strand round , his loins j arid Julian ' Cofdiviallo called all hands who were standing by to assist him , andsaidit was the captain ' s orders they were to come / David Johnson and Frank lin Tucker then hauled upon the strand round Mars ' loins as hard as tliey could . [ This recital , accompanied by a motion bf the hands signifying that the men compressed the body of the dying man by pulling the rope taut , ereated the greatest horror in 7 _^^

      court , andmany a stout heart shuddered . ] The witness continued : I was then present by the cap . tain ' s' orders , with a cutlass in my handsl I was obliged to do iti Mars askedfor a ; drink of water after he was squeezed , and after he had got the drink of water a worn came out of his mouth . All hands said it was an evil spirit that had come out of him , and then went below and reported what had been done -to the" captain . A few minutes afterwards French , one of the - men came beloie and- ' said Mars Was dead . , The captain asked him if he was sure of that , arid he made answer , " There is no fear of my telling you that unless he is dead . " William Dun , the cook , came down arid - asked for a prayer-beok to read the burial service , and returned to the deck with me . In a few minutes he returned and said Mars wasbnried . _" ' _'" " ¦ _'' _¦ '•• " _¦ ' , _-. --

      Mr . Symons , the chief clerk' who conducted the examination , 'now directed the - witness to state the circumstances' relating to the death of Thomas Reason _^ - * " - '" ' '¦! _- ¦;•' ¦ -- _^ ' - :-:. _-x _.:-.-i : ¦ _« Witness : B was in ; my . bed about half-past five o ' clock ; I don't know the day . . ' William Burton came to me ; and asked ' me where I could get a little wine . I asked' him what . it ; was-for , and he said Reason ; wasverynear dead . ; I , told him he would find the . dipper . in the , pantry , , if he asked JameB Glover for it , and he obtained some wine . I got up a few minutes afterwards , and . saw William Beresfordjput some sugar in some wine , and take it up to the forecastle . I went into the forecastle and uncovered Reason ' s face , and saw he was quite dead , I

      asked how became b y his death , and saw blood flowing from one of his sides . He . was covered with a rug , which waB stained with blood . I saw David Johnson sew him up in a piece of old canvas . Arthur _Gilmore Spence , a very intelligent and well-educated young man , was next sworn . He deposed as follows : —lam an apprentice to' Mr . Duncan Gibh , of Liverpool , On or about the 23 rd of September I was informed by the captain that Yelverton , another apprentice , Stephen Cone , and Thomas Reason had said , when off the Island of Ascension , that if the ship did not reach that place before morning , that the captain would be a dead man . The eaptain did not say anything more at that time . He went on deck with the chief mateRambert

      , , arid I was called upon to come upon deck , with pencil and paper , and . note down anything the men had to say . The crew were all assembled aft . The captain asked them if he had not treated them most exactly , or words to that effect . They said yes ; , but . I cannot answer . for all saying so . There was some confusion on ' deck , and Reason and Cone were then in irons eh the break of the poop . Both men seemed to have been severely wounded , and the blood wasi streaming down their faces . I did riot hear any statement or report made to the captain at that time . I went below , and some time afterwards I' heard Richard French say to the captain that the crew , or part of the . crew , had sharpened their kniVes , and , as far as I understood him , for the

      purpose of taking the captain ' s life ; The captain seemed in a great state of excitement . After that persons were armed on board by the captain ' s orders . Onthe 25 th September Mr . Rambert was in the cabin on his knees , and the . captain was standing over him with a cutlass / The chief mate prayed of the captain to forgive him . The captain pointed the sword down to him , but he never touched him as far as 1 saw . I saw the captain on the following morning aim a blow with a sword at the chief mate , which ' took effect on his body _^ butl cannot say he bled at . that time . ' The ship was in peace and quietness till the 25 th of October . __ I went ashore with the captain at Fayal . Late in the evening , two or three days after leaving * Fayal , I was called into the cabin , and saw Thomas Reason thero . The

      captain was armed with a bayonet , and took hold of Reason and shook him violently . I ' wentoutof the cabin , and was absent about an hour , when the boy Glover , who was acting as steward , called me ; and upon geirig below , Dun , the cook , told me , in the presence of the . captain , that Reason was dead . I said , its all nonserice . I really thought he was joking at the time . The cook , to convince me , immediately took old of my hand , and applied it to Reason ' s cheek , and I felt it was cold . I was greatly horror-struck at the time . Next morning , after fully ascertaining the man was dead , I performed the funeral service over the body , which was committed to the deep . On the day the body of Reason was committed to the deep , William Mars was ordered into the captain ' s cabin . He wag greatly mutilated . I saw the captains slash at him with a sword in

      various ways . Mr . Broderip : Waa he at liberty _orjin handcuffs then ?—Witness : In irons . Mr . Broderip : Did he slash at him every time he came down into the cabin _?—Witney : Yes , sir ; every time he hit him , and wounded him . Mr . Broderip : Did the blood flow ?—Witness ; It did , sir ; oh , it was dreadful ! Mr . Brederip : Now , tell me how many times did thecaptain cut him . —Witness : Five or six times , sir ; every time he was called into the cabin . Mr . Broderip : Ami to understand he used him in that way every time he came down 1—Witness 1 Always , sir . . I Mr . Broderip t Did Mars say anything ?—Witness He frequentl y prayed the captain to let him have the laws of his country to try whether he was guilty or not , and to ascertain if he had done anything wrong towards him or not . '

      Mr . Broderip Did Captain Johnstone make any reply to that prayer or not ?•• - ¦ ' Witness : No ; Captain Johnstone said " I'll have my own law to day . " In the afternoon , about three or half-past three o ' clock , the captain ordered two men on deck to take Mars out ofhis sight , and told one ofthe men to squeeze him . Mr . Broderip : Was he able to stand ? Witness : No , sir , he was carried out ofthe cabin , and the captain ordered the men to prick him with a bayonet to make him stand upright ( sensation ] . The bayonet was in Julian Cordiviallo ' s hand . A boyhad

      a sword on the other side of him , but I know well they acted under the greatest intimidation . I did not see Mars alter his death . The prisoner was called upon in the usual manner if he had _anything to say , and Mr . Humphreys advised him to be silent . The Prisoner : I have nothing to say . The prisoner was then remanded till Tuesday next , at two o ' clock : He was in so weak a state at the conclusion ofthe investigation , ' or at least he affected to be so , that he was supported to the gaoler ' s-room on the shoulders of two men .

      . There are twelve or fourteen more witnesses to be examined , including Morris , Cone , and Gair , who have been severely wounded , and it is expected that the solicitor forthe Treasury will conduct the prosecution on the next examination . Mr . Pelham appeared most anxious that all the men who were given inte custody should be examined .

      Confession Of; The Murder At Great Yarmo...

      CONFESSION OF ; THE MURDER AT GREAT YARMOUTH . _Yarmouth , __ Nov . lO . —Exactly twelve months have now elapsed since a murder was committed in one ef the principal streets of this town before the business of the day had scarcely closed , accompanied by such an amount of unnecessary and brutal violence as must ever make it stand almost unparalleled in the annals of crime . The deceased , - it may be remembered , was a widow , living alone , and carrying on a small retail business in the chandlery line . Whilst she was gone to a neighbouring public-house to buy her supper beer some persons entered . her house for the purpose of robbing it ( they having heard she had taken £ 150 as a legacy the day before ) , and having fractured her skull in several placesthafter

      , ey - wards cut her throat . Her next-door neighbour . Mr . Yarham . was suspected ; he made a statement which proved him to Han accessory after the faet but he was admitted evidence for the Crown against threeothers , Royal , Hall , and Mapes , who wire all acquitted . , From that time until within thc last few days little beyond mere conjecture existed as to the manner in which this deed of blood was perpetrated . Mrs . Dick the wife of a sergeant of MariSbund the money buried in the sand near her house by the _eearsidershe gave evidence of this at the trial , and Tra 8 _ comblimented by Mr . Justice Patteson for the straightforward manner in which she gave her testimony . A few days since she expressed a wish to

      maKe certain disclosures , 'which Yarham had made to her before he left Yarmouth .: She appeared before Mr . W . H . Palmer , the then mayor , and made the _following statement , which we give almost in her . own words , omitting sueh parte as were superfluous , or not ' _easily : to-be . understood by those unacquainted with the locality and Norfolk provincialisms : — . . " About three weeks , after the trial for the murder of Mrs . Candler' I met a man . near Mr . Fenn _' s , the grocer , in the market-place , about eleven o ' clock in the . morning . He stopped me , and said , 'How do

      you . do ?' 1 replied ; \ I don't know you . ' Upon which he added , ¦ ' ! Tis Tarham . ' Yarham asked me if any of them ( meaning Royal , Hall , and Mapes ) interfered with me f lBMd ,. _-No ; _-not so much with me as my daughter . ' Then Tasked Yarham if they interfered with him . He said , ' Ne , thev knew _ktter than that . ' I . told _Yarha ' m , ' If Sd been me _thathe had said so much about , I would have _givenittohim _wellwhcnlgot out , if I had to go to gaol . for it for seven years . ' . , Just as I was leaving Yarham , I said , ; vYou are either the murderer yourself , or . you know wellwho did it . ' Upon this he toucned me on the shoulder , arid said , « Stop , for I'll tell you aU about it , ' I said I did not want to hear

      Confession Of; The Murder At Great Yarmo...

      it ,-when Yarham again said . ' T-li ' tniV _^~ _~^^ it _> Upon this Yalham _^ made _ttft _&« i 2 ment , _asmearf-M _- _'Itcan _recollect--. 'T _^ « ffif saidhe , ' so much to blame as Royal . H-iii „ "f ? _m > who knew that Mrs . . Candler fi gfc Mff they never would et me rest , but ffii _?^ . 3 asking me to let them into _' tk _J _^ _ui % _?«> S that Mr . Catchpple was going to dine kt S eyh and they wanted to be let in that lj th AiJ bargain with them that they should 1 S _» j , H » the old woman , but that the _> _shouH go S J . Hit went for her supper beer , as she wouldsll * * ¦ 4 gone a quarter of an hour . ThevvmlT _\^ k use her badly , only toget the _moneV _^ H _^ _S as arranged , and I let them in d * ' m _? _enL

      eleven o ' clock at the back door . Mrs . _CaLi M [ going about , and the shop was not closed \ % S consequently , watched about the outside , mB ? H wenttorher beer , when I let them all in ii _^ time there was a great noise , as if-men wer _^ ing at the Swan . I told them to go _intothSLH first , as she kept her money there . MVSpif _tPH Mapes , and Hall , were in the bedroom , ffi _, _^ m my hand . Royal was secreted at Z _\^ the counter .. - We hearaMn _* . Candler * in , I put the candle out , and sat down nL > bed , where we continued for a few minutes 3 i _^ ing what to do . Mrs Candler sat _doWfr fireside , and when Royal moved behind tM _? the noise attracted Mrs . Candler ' s notice ¦ _Z _^

      out and asked Royal-what he wanted , ' I know v „ , said she ; and he said , ' I want half an ounce of 1 bacco . She turned _jround to get the tobacco ay Royal struck her ; then we left the bedroom' \ m Hall , who had a pair of pincers in his hand , beau . about the head , and left her , and went and got _alT the money ; they expected . I and Mapes went mii the bedroom again , ; and 'Jigger' ( Hall ) nailed Z something over the light , and shut the door . The ? might havelongsoughta hammer , for it was 'Jigg _^ _-: ' pincers that did it , and any one might have seen tythere was no . hammer . Having got all the money we expected , we determined upon going ; beftj _i starting we looked at the old woman to see if she wa _» dead , and listened to hear if any one was passing repassing . Mapes was the first to leave , _^ went across to a girl on the opposite side of t _^ street ; myself , Royal , and _ flail , left _tog etW

      ma-we _mree went up the Black Swan-row , _anj Mapes and . the woman he was with follow ed us . Hearing a noise in the Swan , the woman \ t « n in and called for something , to see who was there ; she said there was a great many of the Angel n _\^ drinking there , and , added she , 'Happy enough % are , for I heard them say , let us have another pot and we will make some old b— pay for it tliat never saw it . ' After this we all started to hide the money ; on our way we met different people wliom we knew , and when we had got across the marfcet we saw _leyton , the policeman . 'Jigger' _^ through the fish-market into his father ' s house ( the Feathers tap ) , and we went on to hide the mm _. We heard a noise like a whistle _Bomewhere down tithe beach , so I told them to go oh and hide it , as m house would be to be searched firstand

      sure , to give me a signal when they had done it . I went straight home , and I heard . Mrs . Candler moaning , and went in to see , for I was afraid , asl thought she must surely , know us all . The lard-knife wash-inon the counter , and she turned her eyes upon me when I cut her . throat with it ; she put her hand to grip the knife , and that is the way her poor hand be . came cut . ' I then said , ' Why , Yarham , then yoa are the murderer yourself . ' He said , 'No , itwas Hall and Royal who beat her so with the _pincerthat She could not ha , ve lived . ' I asked , 'Didnot Mapes meddle with her V He said , _« N o ; he on !? p _lundewd the house . ' Then I said , ' You ought to have spoken the truth at first , and then things would have been different . ' I forgot to say that Yarbam said that after cutting her throat he went upstairs and washed his hands . His wife had had leeches on

      _tnougn sue was not very ill , as she was down the next morning apparently well , but whether this arose from agitation or any other cause he could not tell . When Royal came to give the signal lie ta the window up , but he could not see him . lie then went and looked out of the front _passage after him , and , saw him going past Jolm . sons _' s shop , and Wallace the policeman coming dm towards his bouse . Wallace passed Royal , and tliey did not speak . - Yarham then went in again ; he let his master in , but said nothing to him . Some one then called _^ Yarham away , I liad no further con . y _erantion with him , and I have never seen him since . Yarham asked me not to say anything at allabout it . " . Yarham has left the town , and it is not known where he is residing . None of tbe prisoners have as yet been indicted for the burglary—a circumstance which has excited surprise here , but now the case must be most materially strengthened against thera .

      The Charter Ant) The T.Antv

      THE CHARTER ANT ) THE T . ANTV

      Ad00813

      MR . DAVID R 03 S , of Leede , Leecturor on Efocution , < 5 jc , & o ., will deliver a Public Lecture on the above subjects , at the South London Chartist Hall , 115 , Blackfriars-road , to-morrow ( Sunday ) evening , Xo . vember 33 rd , 1815 , at the hour of half . _paet men pr « . cisely .

      Ad00814

      EOYAL MARYLEBONE THEATRE . _IFSSEI MB . JOHN DOUGLASS . SUCCESS—BRILLIANT and TRIUMPHANT . THE RED LANCE at half price . _Engtgtment ot Mr , Emery ( son of the celebrated John Emery ) for sir nights only ; also of Mr . Canfield the American Samp . son . On Monday , and during the week , to commence with MARTIN CHUZZLEWITT , Characters hy _Meesri , Emery , Neville , T . Lee , Rayner , \ T , Phillips , Harrington , Lewis , Marchant , Rohberds , LicUford , Potaley ; Me < _- dames , Campbell , Neville , Rohberds , Laporle , Ms Pearce—after which Mr . Canfield will go through lis feats of strength . To conclude with the RED LAKE , supported hy the company . Stage Manager , Mr . Neville . BoXeB , 2 s . ; Pit , ls . ; Gallery , Cd .

      Ad00816

      ROYAL MARYLEBOXE THEATRE . Shakspeare's Tragedy of Romeo and Juliet waa recent !) produced at this elegant temple of the muses , on which occasion a young lady , Miss Worsley , said to be a pupil of Mr . J . T . Serle , made her debut , in the character ui Juliet . Miss Worsley possesses those stage reijuisites—a pood figure , interesting countenance , and a ample share of confidence . She appeared to have well studied tlie great dramatist , and , by her . reading , evinced a good conception of tha character . The balcony a » d tomb scenes Were particularly good . Mis « "Worsley was well _support

      . Haebour Op Refuck At Dovbb.— Govcrnnif...

      . Haebour op Refuck at _Dovbb . — Govcrnnif » , determined upon _making a great harbour ot rCIU fariy Dover , and the works will he commenced at an > period . _^^ _t

      ¦ R-Rintedby Dougal M'Gowan, Of 1g, 6r««' "¦¦* , -••« ? Printed By Dougal M'Gowan, Of 1g, •Srsat ^'" 1 ' Tf,

      ¦ r-rintedby DOUGAL M'GOWAN , of 1 G , 6 r _«« _' " _¦¦* , - _••« ? Printed by DOUGAL M'GOWAN , of 1 G , _Srsat _^'" ' _tf ,

      ¦ R-Rintedby Dougal M'Gowan, Of 1g, 6r««...

      street , Haymarket , in the City of Western r _^ Office in the same Street and Parish , _^ for jfJLjM prietor , FEARGUS O'CONNOR , _Eao . ., andpuWi _^ WiitUM Hewitt , of No . 18 , Charles-street , Bi _^ . 1 street , _Walworth , in the Parish of St Mary . ' gl 0 l ton , in the County of Surrey , at the Office , _** tM Sti > and , la the Pa _^ h of St . Mavy- _Ie-Sti-and , v City of Westminster KSaturday . November 22 , . 1813

  • Citation
    • Northern Star (1837-1852), Nov. 22, 1845, page 8, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns4_22111845/page/8/