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Several of the surviving passengers of the
barque John attended the court this morning, for
the purpose of seeking the advise of the bench,
as to the course they should pursue in their
endeavour to obtain the repayment of their
passage money from the owners of the above
vessel.
The owners not being present, the hearing of the
case was adjourned until two o'clock, at
which hour, Mr Rawle, who had in the meantime
received an intimation of from the Mayor of the
nature of the hearing, attended.
The passengers, on re-assembling, were addressed
by the Mayor, who observed that while the feeling
of sympathy excited on their behalf was
universal, they must be perfectly aware that the
owners themselves had done everything they could
for the passengers before the vessel left
Plymouth.
One of the passengers, named William Thornby, of
Jersey, who acted as spokesman, on behalf of the
applicants, stated that every arrangement for the
comfort of the passengers had been made by the
owners. Mr Rawle saw the ship under way, and did
not leave the John until the steam-tug quitted
her; in fact he exerted himself in the most
praiseworthy manner in dispatching the vessel.
But what he, in common with his fellow survivors
complained of, was that a portion only of the
passengers' money had been offered to be
returned to them; and they thought it but right
and just that the whole should be repaid them.
Instead of this, in the case of those who had
lost their wives and children, £1 only had
been offered by the owners instead of £4
paid for the passage of the former, and 10s. for
each child.
Mr. Rawle, after expressing his great sympathy
for the sufferers of the wreck of the vessel,
proceeded to observe that he had expended the sum
of £3 for each statute adult, for whose
passage he had received £4, leaving
£1 towards the expenses incurred on account
of the crew, &c. considering, therefore, that
he was benefited only to the extent of £1
per statute adult, he had instructed his
agent's clerk to pay the survivors that sum
for each adult lost, and 10s. for each child.
Those terms, he thought, had been accepted; and
until he received a communication from their
worships that day, he fully believed the ,matter
to have been settled. Mr. Rawle, after remarking
in most feeling terms on the sufferings of the
survivors, not only in a pecuniary point of view,
but in the loss inflicted on them by the death of
their nearest and dearest relatives, observed
that he also would be a sufferer in the former
sense, in a greater extent than the passengers;
and although there was no claim on him to do so,
he would be at the expense of sending the
survivors to their homes..
Mr. Rawle, in reply to
some further remarks from Mr. Thornby and the
bench, said he was quite willing to re-pay every
half-penny of profit that he had received. The
passengers had had value received, and no more
could be expected of the owners.
Mr. Thornby objected that they had not received
the value, having been on board only a few
hours.
Mr. Rawle offered to meet them with all that he
had gained by the matter.
Mr. Phillips thought the owners ought to return
the passengers all the money that had been
obtained from them.
Mr. Thornby entertained similar views, especially
under the circumstances of the disaster. They
were saved chiefly by the exertions of the
carpenter (Elliott)* who behaved most
nobly; he was sorry he could not speak in similar
terms of the captain and crew.
Mr. Rawle expressed his pleasure at hearing that
there was another man who exerted himself, in
addition to Elliot, whose name had already been
mentioned as having acted in a becoming manner on
the occasion. He complained of some of the public
journals, on account of the remarks they had made
on the subject of the conduct of the crew.
Some conversation ensued between the bench and
Mr. Rawle on the subject of the insurance paid on
the passage-money. Mr. Rawle assured their
worships that he should be unable to obtain the
full amount of insurance of the freight, viz.,
£600; if he could no one would be more
ready to give the passengers the full benefit of
that sum.
Sir W.S.Harris remarked on the absurdity of a
shipowner insuring for a certain sum, and in the
event of a calamity, not being enabled to recover
the full amount.
After a few remarks by Mr. Thornby, on the
sufferings endured by himself and fellow
passengers, and a vain endeavour on the part of
the bench to obtain further concessions on the
part of the owners, the Mayor, addressing the
unfortunate applicants, said it was evident that
the owner was not inclined to go beyond the terms
already offered them, namely £1 for each
adult lost, and 10s. for each child. This being
the case, the magistrates were unable to do
anything further for them in this matter; but
having received from some benevolent ladies
connected with the Emigrant's Society at this
port, the sum of £6 14s., which had been
raised for their relief, he (the Mayor) had
caused the names and addresses of the survivors
now present be noted, and he should have much
pleasure in distributing among them the amount
thus generously placed at his disposal.
This was immediately done; and each recipient had
for his quots, the sum of 10s. - an amount of
assistance comparatively small, but which was
gratefully acknowledged by the whole of the
sufferers.
Mr. Thornby also addressed the bench, thanking
them those who had so kindly interested
themselves in their behalf for the assistance
rendered them.; and after a few words of sympathy
and commiseration from the Mayor, the applicants
left the hall.
NB: Elliot was the boatswain - the Carpenter
was Ellery. The letter of Miss Ellery in 1950
also suggests that it is Ellery who is referred
to here
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