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The Court was opened at nine o'clock this
morning, and the jury proceeded to try
Edward Rawle , 34, master of a ship, who
was charged on the coroner's inquisition with
the manslaughter of Eliza Hallet, at St.
Keverne. The Court was densely crowded during the
trial, and considerable interest appeared to be
felt in the proceedings. Serjeant Kinglake, Mr
Collier, QC, and Mr Coleridge were
counsel for the prosecution; attornies, Messrs.
Eastlake, of Plymouth, who were instructed to
prosecute on behalf of the Treasury. Mr.
Slade, QC, and Mr. Kingdon defended
the prisoner. The prisoner was accommodated with
a seat during the proceedings, and appeared to
keenly feel the position he was placed in.
Serjeant Kinglake
addressed the jury. He said, the prisoner at the
bar is charged with the serious offence of
manslaughter, and the charge is brought before
you under circumstances which require your
serious consideration.
The charge is not only a
serious one to the prisoner, but is serious to
the public generally. I shall perform my duty by
laying before you, in as clear a manner as
possible, the facts of the case. I shall state to
you the law bearing upon this case, and his
lordship will tell you how far I am right, and
you will be then called upon to give an opinion
whether the death of the deceased was caused by
the prisoner's want of judgement, or skill.
It is the duty of a captain or commander of a
vessel to properly pilot his and to see that his
orders are carried out, and if by want of skill
or judgement he causes the death of a
fellow-being, he is open to the charge of
manslaughter.
I apprehend the law to be this,
that if an individual fills an office or executes
any employment, he is bound to provide proper
skill in the discharge of his duties.
The master
of a vessel must be a competent pilot, but when I
say that, I do not mean an extraordinary but a
common pilot; and if by the want of common
ability he occasions the death of another, he is
criminally liable, again, if he gives orders and
does not see them properly executed, and
mischievous results should follow, then he is
equally responsible, because he has been
negligent of his duty.
I will call your attention
to the facts of the case, and from the witnesses
for the prosecution will be shown how far I am
right. On the 3rd of May last, the prisoner was
the master of the barque John, 468 tons register,
on the afternoon of which day she sailed from
Plymouth for Quebec.
On board that vessel were
260 steerage passengers principally composed, as
I have been told, of mechanics and labourers with
their wives and children. There were also on
board five cabin passengers of a superior
character.
The crew numbered nineteen, including
the master.
The vessel sailed about four
o'clock in the afternoon. The wind was
N.M.W., and was very fair, and there was nothing
to prevent her going on her course. When she
left, Andrew Elder was the steersman, and he will
tell you that he steered her westerly until about
seven o'clock. He was relieved by a person
named Rowe, and he received instructions from the
captain, through Elder, to keep in the same
course. Rowe did not remain long at the helm, but
was succeeded by a person named
Bennett*, who was told to
proceed in the same direction.
She was not so
steered, and, in point of fact, the vessel was
continued on the westward course.
Bennett* was relieved by a
person named Venning who was succeeded by another
person named Curry, and you will find the from
the time she left Plymouth to the time of her
striking the Manacles Rocks, she was steered by
five different persons.
The captain was on deck
during the whole of the time, and it will be
important by and use what are his duties. It is
his duty to superintend the steering of the ship,
to direct the courses, and if he does give any
orders, they are imperative, and it is his duty
to see them carried out.
There was the compass
and a number of people under his charge and he
was compelled to superintend the sailing of the
vessel; and when a direction is given it is his
duty, in point of fact, to see it carried out.
When Venning gave up the helm to Curry, the
latter was given certain directions. I will not
say what those directions were, because they will
be detailed to you by the witnesses themselves,
thus preventing your minds from being misled. It
will appear that he gave certain directions o
Curry, which wound denote that her head was to be
kept to the south. He gave some directions to him
which he continued, and about five minutes
afterwards she struck on the Manacles Rocks, St.
Keverne.
I believe it will appear before you the
water was calm, and that there was light enough
to see land all the way down. I have heard that
the weather was hazy, but I believe that the
witnesses will tell you that there was nothing in
the weather which would have any connection with
the disaster. When she struck she was what is
called "tailed off", and after
proceeding a short distance, she struck a second
time.
At that time it would appear the tide was
receding, the passengers thronged the deck, where
they found the captain. They there asked him to
launch the boats, but he told them that they
should wait until the morning, and then all would
be right. He was pressed, and he said he supposed
they knew better than him.
Soon the tide began to
rise, and the crew and the passengers began to
see the awful position in which they were placed,
and they again called upon the captain to launch
the boats. This is another question. I apprehend
that it is the duty of the captain when place in
such a position to endeavour to save the lives of
the passengers, and the opinion is that the
prisoner is culpable throughout. The orders he
gave he did not see executed; the course he took
was a wrong course, and the vessel having gone on
shore, it was his duty, I say, to superintend the
handling of the passengers.
He appeared to show
want of skill and judgement prior to the disaster
in not properly piloting the ship, and after the
ship struck, he again betrayed a want of skill
and ability in providing for the safety of the
crew and the passengers.
When the passengers
found that the tide was rising rapidly upon them
they went to him and implored him to launch the
boats, and the reply was that he would not give
any order for the launching the boats, because he
did not know the coast.
Gentlemen, this being the
state of things, soon, I am told, the sea began
to rise, and it was not so calm as before. The
women and children were on the poop of the
vessel, and the crew in the rigging, the captain
with them, while the ship lay at the mercy of the
waves. I shall prove to you that the women and
children were swept away from the poop sometimes
a dozen at a time, and so this melancholy state
of things continued until four or five
o'clock in the morning, when boats from the
shore came to the wreck and received those who
are living.
To show you the serious importance of
this case I will tell you that 190 poor souls met
their death on this occasion, who were chiefly
those who crowded the poop.
There were not I
believe any men there.
Now, gentlemen, I come to
the facts which affect the captain, and, after
the examination of the witnesses, you will have
to perform your duty whether the case is made out
or not, according to his lordship's
directions.
About two o'clock a boat was
launched from the vessel and five of the crew got
into her, the captain included. Let it not be
supposed that the captain was going to leave the
wreck at this time. I will not say that, but you
must draw your own inferences from the
circumstance. The boats were launched without any
oars. - (Mr SLADE: There were two oars) - but
before she left, the captain returned to the
ship. Throughout the instrumentality of the crew
in that boat, many of the passengers were saved
by their giving some information to the coast
guard men of the neighbourhood, who sent boats
from the shore to the rescue of the unfortunate
passengers.
The weather at the time had become
very bad. On that night the wife of a passenger
of the ship was drowned, and having been
subsequently washed on shore, was identified, the
captain was committed to take his trial on the
coroner's inquisition for having caused her
death.
There was a long boat on board, but which,
however, could not be used because there was a
hole in her. The life boat was launched, and she
was also rendered useless from some cause or
other. The other boat remaining on board was the
launch, and the witnesses will tell you the
captain's reasons for not launching her. I
believe there can be little doubt that if the
captain had superintended the launching of the
boats and endeavoured to prevent the confusion on
board, that a large number of the passengers
might have been saved.
There were not enough
boats on board to take all the passengers on
shore at one time, but the weather when she first
struck was calm, and the distance from the shore
was not far.
As I said before a captain of a
vessel must be ordinarily skilful when the lives
of passengers are entrusted to him, and if he is
not and causes the death of another, he is
criminally responsible.
The death of Eliza
Hallett there can be no doubt was occasioned by
the captain not possessing the proper
qualifications for the master of a vessel. I have
one remark further to make to you. I shall prove
to you the actual course the vessel took after
leaving Ramehead to the time she struck. The
witness will tell you that the course taken was
wrong from the beginning to end, and the
consequence was that she was wrecked on those
rocks. The witness will further show that in
piloting a vessel from any port to port, say from
A to B, you must give certain allowances for a
variety of matters.
The weather on the night in
question was so calm and so fair that it could
not be considered more than an ordinary coasting
voyage, and in passing down the channel it is
absolutely necessary that the Lizard light should
be kept in view; but if you "hug" the
shore, you shut out the light, and your position
is then very dangerous. These are the general
facts of the case.
The witnesses will be called
before you, and if it lies in my power, I shall
be happy to render the prisoner any assistance
which may be consistent with my duty.
The first witness was
William Goodwin, who was examined by Mr.
Collier.
He said, I was the first mate of the
John, who was examined by Mr.Collier. He said, I
was the first mate of the John, emigrant ship.
She was a bark of 465 tons register, and sailed
from Plymouth on Thursday the 3rd of May, about
four o'clock in the afternoon, for Quebec.
The crew numbered nineteen including the prisoner
who was the captain, and myself. I was the first
mate of the ship.
There were some cabin
passengers on board but I don't remember how
many. She had a considerable number of steerage
passengers.
When we started the weather was
moderate. The wind was about N.N.W. I was on deck
when she left Plymouth, the captain was also
there. Andrew Elder was the man at the helm. I
stayed on deck until about half-past eight. I was
on deck the whole of the time I have mentioned. I
do not know who succeeded Elder at the helm. The
ship proceeded all right around the Ramehead,
which was the first headland after leaving
Plymouth. (Mr Collier here handed his lordship a
chat). I remember her coming to the Deadman
Point, which is the next principle point. When
she got there it was eight o'clock. She was
about four miles off it. A little after half past
eight, I looked at the compass.
When the captain
is on the deck he has charge of the vessel, and
if the captain goes below the watchman has the
charge. If the captain had been on deck and I had
been on the watch, I should not have had charge
of the ship as regarded her steering. About half
past eight her course was W.S.W. I left the deck
at that time. When I went down the captain and
second mate were walking the deck, and the
captain said now "Mr Goodwin we are steering
W.S.W".
I looked at the binnacles and found
that her head was west and by S half S. That is
half a point more to the westward than W.S.W
(witness afterwards corrected himself and said he
did not look at the compass but Curry told me she
was going W.S.W., and subsequently he looked at
the compass and found she was going half-a-point
differently.
I partly undressed and turned in my
hammock. Before I went to sleep I thought I heard
a pulling of the rope or trimming of the sails
somehow. I was awoke by the vessel striking. It
was about ten o'clock or after at night. I
felt the shock and thought at first she had come
into collision with another vessel; my berth was
in the cabin of the deck. I got out immediately I
saw Elder. I asked him what was the matter. He
said she had run on the Manacle Rocks.
The
captain was on the round house ladder. It was
hazy but I could see the "loom" of the
land. I could not estimate the distance. There
were a great many passengers on deck. I ran below
and found a great deal of water in her, and I
lighted the lamp to assist the passengers. I ran
to the wheel and found the rudder was gone. I
sung out to the captain that the rudder was gone
and gave orders to trim the yards and run her on
shore.
She ran towards the shore to about 400
yards, and then she got aground and the captain
the ordered the port anchor to be let go. That
was soon done, and in my opinion it was then
about low water.
Soon after she first struck
there were about five feet of water in her hold
and when she struck the second time there were
eighteen inches of water on her deck. Her deck
was covered with water, and the poop was about
five feet out of the water. the captain then gave
orders to lower the boats. The quarter-boat was
the first lowered. It was a small boat and would
contain about fourteen persons. There was only
one whose name I know got into the boat, which
was Curry. There were five in the boat in all. I
could not se whether the captain got in or not.
The boat was hanging alongside by the painter,
but a very short time. The painter of the boat
parted, and she drifted away, and I did not see
her again.
We then went to try to get the
life-boat out. I did not hear the captain give
but one order about getting the boats out, and
that was when the vessel first came to the place
where she struck. The quarter-boat having drifted
away, I went to get out the life-boat. We stove
her in getting over the rail which rendered her
useless. I saw Rowe, Curry, and Andrew Elder, and
four or five others help to get out that boat.
We
then attempted to get out the long-boat, and the
captain told us that we had better leave it till
daylight. The long-boat remained in the tackle.
She had been on the deck but we were rising her,
and then the captain said that we had better
leave her till morning. When we left her she was
a little way from the "chocks," and she
no longer rested on the deck. She afterwards
settled down on the chocks, and as the tide and
the sea made she was swept away. It was an hour
at least afterwards that she was swept away. If
she had not been lifted she would have been more
secure.
We had a pinnace on board, but I
don't know what became of her. I suppose the
long-boat would carry about thirty-five, the
life-boat about thirty, and the pinnace from
sixteen to twenty. The captain then gave me
orders to go aloft and stow the sails; we did so.
I believe it was low tide when she grounded, and
when we cam down from stowing the sails the water
was over the main deck.
A number of the
passengers were on the rounding-house deck, and
some were in the mizen and main rigging. There
were men, women, and children on the round- house
deck - the greater part of the children were
there.
The tide was then rising and continued to
rise.
I was then on the round-house deck myself.
I remained there till almost daylight in the
morning. That was about half-past three. I left
the round-house deck and went to the main top,
apprehending that the sea would break her in two.
There were then about twelve or thirteen feet of
water on the main deck. The round-house deck kept
moving up and down, and the waves continually
washed over it. I saw numbers of people washed
away from there. The mizzen boom gave way by the
"guys" breaking. The consequence was
that all were swept away but myself and I
remained alone - women, children, and all,
indiscriminately, were washed off. I kept my hold
by some ropes, and that prevented my being washed
away. I was there for some time and was joined by
two others, but I don't know what became of
them. I contrived to get across to the main
rigging where there were a number of passengers.
I did not se the captain until I got in the main
top. He was then on the starboard side of the
main top. I last saw him when I came down from
stowing the sails. He was then on the main deck
up to his knees in water. At that time the
long-boat had not been washed away. I did not
hear him after that give any orders. I remained
on the main top till I was taken off by the boats
from the shore. I was a good bit after daylight
that the boats came there. The captain and the
crew were all saved.
The vessel did not make any
signals of distress that I saw. I saw no guns, or
rockets, or bluelights on board.
Cross-examined by Mr.SLADE:
I
had orders to get all the boats out. I have been
two voyages with Captain Rawle to Quebec, and
then as far as I saw he was a good sailor and
thoroughly up to his work. The owners and the
passengers appeared to be well satisfied with
him.
The John was at Cardiff about two months
repairing. She had a new kind of compass there,
which was the one on the binnacle that I have
referred to.
We left Plymouth between three and
four o'clock. We were an hour and a half in
rounding the Ramehead. The tide flows in the
channel three hours later than in the harbour.
That being so it was a judicious course to take
to steer to the west, after passing the Ramehead
regard being had to the tide. When we started it
was N.N.W. the wind was as close as we could go
when we started. It was judicious and proper to
steer due west because the captain carried the
ebb tide with him. It was a very hazy night. It
was not possible to see the Lizard light that
night.
The Lizard is about fifty miles from the
Ramehead. I don't think the Lizard could be
seen more than twenty miles during any fine
weather, and impossible in such a night as this.
It was such a night that it was necessary to
steer by the compass. The course ordered was a
judicious one. I saw no snow that night. The
course if properly attended to would have taken
her six or seven miles clear of the Manacles
Rock.
At half-past-eight the course was W.S.W.,
and that course if it had been followed would
have taken her clear of all danger. The next
minute I might have found her half a point
different. There is no merchant ship that can
steer to half a point. I have seen one sea heave
them five or six points from their course. Q. Can
a man have his eye always on the binnacle?
Mr.COLLIER objected to the
question being put.
Mr.SLADE observed that he
thought the learned counsel (Sergt. KINGLAKE)
intended to assist him.
Witness: The captain can't
always keep his eye on the binnacle. When I came
again on deck after sleeping it was
"hazier" than when I went below. After
she struck the order of the captain to run her on
shore and to trim her sails was a judicious
course to follow. Also his having the anchor
thrown out when she grounded. Up to that time all
that the captain had done was what a good seaman
would have ordered. The captain gave orders for
all the boats to be lowered. The sea was then
running very high, which was the cause of the
painter being broken. As a practical seaman in my
opinion it is the best course to adopt, not to
allow the last boat to be lowered. In my
judgement had the boats been launched, and the
passengers got into them, they would have been in
infinitely greater danger than they were then in.
The sea was then getting up.
It was more than an
hour between the time the prisoner gave orders
for the lowering of all the boats and the
directions that the last boat should not be
lowered till daylight. I did not hear him say
when he gave the last order that he had already
lost two boats. The captain's order to furl
the sails was a prudent course. The object in
stowing the sails was to save the masts from
going overboard. I urged on the passengers over
and over again the necessity of getting to the
rigging. I urged it, I should think, at least
twenty times. I did not hear the captain give
such an order. The boom took the greater number
of passengers overboard. I do not know that the
captain saved the life of a child by going into
the rigging. It was the Coast Guard boats that
came alongside the ship.
Had the passengers gone
into the rigging as I advised them, the greater
part of them would have been saved. Those who
were saved were those who were in the rigging. I
left in the next to the last boat. The captain
left about the same time. There were three men in
the rigging when he left. They might have got
down by some exertion. They were, however,
ultimately saved.
When I was taken on shore the
sea was very rough and we could not be landed
till a grapnel was put out, and when we landed
there was not half the sea that there was in the
middle of the night. Had the people attempted to
be landed in the middle of the night they must
have been all lost. I was hauled up by a rope.
The captain acted very prudently in not allowing
the passengers to land in the middle of the
night.
Re-examined by Mr.COLLIER: The
quarter-boat which was launched reached the
shore. There was a cross-tree in the rigging that
would have held sixteen or eighteen people.
Mr.COLLIER: Have you spoken to
the prisoners attorney (Mr Preston Wallis) on
this subject?
Mr SLADE objected to such a
question being put to the witness.
The JUDGE thought Mr.Collier
should put his questions in a different
manner.
Mr.COLLIER to witness: Have you
seen the attorney for the Captain?
Witness: I saw him
yesterday.
Mr.COLLIER: have you seen him
more than once?
Witness: yes; yesterday and the
day before.
Mr.COLLIER: Where did you speak
to him?
Witness: In his office.
Mr.COLLIER: Oh, you have been
in his office.
The JUDGE: You have no right to
question the witness in that manner. You have no
right to say to him "oh, you have been in
his office." You must confine your questions
to the case in the criminal charge.
Mr.COLLIER: Well, my lord, I
will. Did you have any conversation with him?
Witness replied that he had. Mr
Wallis asked him what the state of the wind and
the weather was.
Mr.COLLIER: Did he ask you some
of the questions that my friend Mr.Slade asked
you.
Mr.Slade objected to the
question being put, but the Judge over ruled the
objection, and Mr Collier pressed for an answer.
The witness replied that he did not recollect it.
In reply to other questions put the witness
replied that he went to Mr.Wallis's office
once, with Noble, a Plymouth pilot. On this
occasion Mr.Wallis did not ask him any questions.
The pilot was not questioned in witness's
presence. Witness was sent for to go to
Mr.Wallis's office. Could not say whether
Mr.Wallis asked him if the Captain gave the
proper order after the vessel struck. Witness was
not a certified mate, but had a certificate of
service.
Mr.COLLIER: you have stated
that the captain did everything that a captain
should have done. Do you mean to say that
striking on the Manacle rocks was a proper course
for him to have taken?
Mr.SLADE here rose and put it
to the Judge whether it was a proper
question.
His HONOUR thought that it was
not.
Mr.COLLIER: You have said that
the captain told you when you went below that the
vessel's course was W.S.W., and you looked at
the compass and found that her course was half a
point different. Was that a proper course?
Witness; She was half a point
out of her course.
Mr.COLLIER: Supposing she had
gone on that course would she have cleared the
Manacles?
Witness: She would have gone
clear of the Manacles by six miles by that
course.
Mr.COLLIER: Then by striking on
the Manacles there must have been some alteration
to her course?
Witness: Yes, or the compass
must have been wrong.
Mr.COLLIER: But would not the
compass have shown the difference in her
course?
Witness: Of course it would,
supposing it to have been right.
Mr.SLADE said this was a very
serious case, and therefore he thought Mr.Collier
out of order in putting such questions to the
witness.
The JUDGE saw no reason why
Mr.Collier should not put such questions.
Mr.SLADE: I never saw a witness
examined in this manner - and your own witness
too.
Mr.COLLIER (laughing): A
witness that has been in your attorneys office. I
will now ask this question which his lordship has
given me permission to ask. Were the tide and the
wind taken into consideration in passing down the
channel.
Witness: Yes, of course.
Mr.SLADE: Well I shan't
object to anything after this - (laughter).
Mr.COLLIER: I'm very glad
of that.
S then put the following
question to the witness through the Judge. When
the Deadman point was made was the distance from
the shore a safe one?
Witness replied that it
was.
The JUDGE: Could the passengers
have landed had the captain allowed them to leave
in the boats on her first striking?
Witness: No.
JUDGE: Was it dark when the
captain gave a general order to get out the
boats?
The witness replied that it
was.
JUDGE: But there was no sea at
the time to prevent the passengers landing?
Witness: We could not see to
land.
The witnesses had been ordered
out of court previous to the commencement of the
case; but Sergt.Kinglake had asked his lordship
to allow Captain Lory to be present as he was a
scientific gentleman, and it was important that
he should hear the evidence of the next
witness.
Mr.SLADE objected, but his
lordship saw no reason and he was therefore
called in.
Andrew Elder was then
called and examined by Mr.Coleridge. He said, I
was an able seaman on board the John. I was at
the helm when she left Plymouth and took her out
of the Sound. I left the Sound at about seven
o'clock, and she was then abreast of Fowey.
When we came out of the Sound the wind was
N.N.W., but came round to the north, rather to
the east. After leaving the Ramehead the course
was westerly. The Capt. was on the poop several
times and gave me the west course to steer. He
came up to the wheel several times. I kept a due
west course till I left the helm. She was then
going when I left the helm about seven knots an
hour. After leaving the helm I was employed to
clear the deck. About eight o'clock the
captain ordered me to "take a pull of the
spanker out hole". That was done to make the
sails stand better. About eight o'clock I
looked at the compass and the ship's head was
then about west, but it might have been half west
or half south. The ship at that time was about
three miles from the Deadman. The Deadman was
then bearing right a beam and the ship's head
west. I went below about nine o'clock. I
could then see the Falmouth light. It was about
two points abaft the beam. I only took my coat
off and about an hour afterwards the ship struck.
When I went below I should suppose the Falmouth
light about five miles distant. When she struck I
went on the deck and found she was on the
Manacles rocks. I found people were then bracing
the yards so that the ship might run on shore,
and I went to assist them. She then proceeded
towards the shore and some went to get out the
life-boat. I did not see the captain go to the
quarter boat. I helped to get out the life-boat,
but I don't know who ordered it. There was so
much confusion on board that we could scarcely
move along the boats. I heard the captain say
when the last boat was about to be lowered that
it had better not be done until the morning. I
thought it was better to get the boats out, but I
can't recollect that I told the captain my
opinion. One of the boats was stoved in upon the
deck. The captain said to me that the vessel was
aground and he ordered me and others to furl the
sails. This was done. The main deck was flooded
about two hours after the sails were furled.
Cross-examined by Mr.SLADE: it
was very hazy on the land, but not a very thick
night. It was not as thick as a
"hedge". I have seen many a thicker
night. It was a very deceiving night, and no moon
could be seen. It was a revolving light that I
saw two points abaft of the ship. Falmouth light
is a revolving light, but the light I saw might
have been a ship's light. When nearly abreast
of Fowey the course was due west. I believe I
steered my proper course. When off the Deadman
the course was then west. I do not know what
became of the parties who left in the
quarter-boat. I believe they landed at Coverack.
I saw two people go off in the life-boat and I
understand that they were drowned. I did not hear
the captain say that he had lost two boats
already and that he would not allow any more to
be launched. He might have said it, but it was
all confusion on board.
Re-examined by Mr.COLERIDGE: I
could see the land quite clear as long as I was
steering.
William Rowe examined
by Serjeant KINGLAKE: he said I was seaman on
board the John. I took the wheel about half past
six or seven, which was after Elder gave it up. I
continued steering till about eight o'clock.
Elder gave me the course to steer. The course he
gave was west. I continued that course for a
little while. I saw the captain whilst I was
steering and he told me to keep her
west-southerly. That means that I was not to go
north of the west. I do not know how long that
was after Elder gave me the course. Elder was
near the helm almost all the time. He only gave
me one direction which I followed. I gave up the
helm to Bennett* about eight
o'clock.
Cross-examined by Mr.SLADE: It
was hazy during the time that I was at the helm.
There was no sleet when I was at the wheel, but I
saw some after she struck. West-southerly means
quarter of a point south of west. I landed in the
boat in the morning on the cliff. I had to go up
about forty of fifty feet by a rope. I heard the
captain tell the passengers that they had better
get to the rigging. I heard him give the
directions once. I went to the rigging myself. It
might be two hours after she struck. I do not
think that the passengers could have landed had
they left in the middle of the night.
Re-examined by Mr. Serjeant
KINGLAKE: The wind was northerly. When the
captain requested the people to go to the rigging
there was water on the deck. I do not know
whether there were other landing places.
Edward Venning examined
by Mr.COLLIER: I was one of the crew of the John.
I relieved Rowe, and remained at the helm about a
quarter of an hour. I took my orders from Rowe.
The captain was walking the deck. He walked up
and down the binnacle. I could see the land all
the time I was steering. After I left the wheel I
went below and know nothing more till she struck.
Rowe gave me the course west southerly. I handed
the vessel up to Curry. It was very hazy off the
land, I could see the "loom" of the
land as far. As I could judge he was acting very
skilfully. I heard the captain say it would be
safer to keep the long boat till daylight,
because the other two boats were gone. The long
boat was all that we had left. I heard the
captain several times entreat the passengers to
go up the rigging. I saw the captain on the main
top. He had a child with him and he was
endeavouring to save it. When the boats came off,
the captain, the mate, and myself, assisted the
children into the boats - the shore boats. There
were two boats from the shore alongside at the
same time. When the captain left there were only
three men remaining in the rigging. I have no
doubt that had all the passengers got into the
rigging they might have saved themselves. The
children that were saved were handed down to the
boats with great care. I have been at sea six
years. I have not made that passage to Quebec and
never left Plymouth before.
Re-examined by Mr.COLLIER:
When the captain said that the long-boat should
not be launched the boat was then in the tackle.
The greater portion of the passengers were lost
from the poop deck. The sea dashed over it at
times. West southerly means nothing in the
north.
James Curry examined by
Mr.COLERIDGE: I relieved Rowe. The course was
then west. After a few minutes the course was
altered to west half south. The captain told me
to alter the course. I could not see how far we
were from the Deadman then. I kept that course
about ten minutes; it was altered to W.S.W.,
which was also by the captain's order. That
course was taken about an hour and then to the
S.W., which was also by the captain's order.
She was kept on that course till a very few
minutes before she struck. The captain was on the
poop when she struck. I saw a revolving light on
the starboard quarter a few minutes before she
struck. I could see the land very plain whilst I
was at the helm. I was knocked down when she
struck and I heard the captain say "man the
boats and lower away". I got hold of the
after tackle and I got into the boat. I saw the
captain get into the boat. He was the first to
get in. when we got down close to the water he
desired us to hold on, and then he went on board
again. The boat then slewed right round. The boat
had no trowels but had paddles. We skulled her,
however, down and landed at Coverack. We held up
the grating of the stern sheet for a sail. The
wind was blowing fresh when we got on shore.
Cross-examined: The captain
told me to stop lowering the boat in order that
he might get back to the ship. It was a little
hazy off the land, but not to the sea. I did not
hear an apprentice say that a light was held up
for us to return to the ship.
The jury here retired for ten
minutes and on again returning the next witness
was called.
Captain William Lory,
examined by Mr. Serjeant KINGLAKE: He said I am a
commander in the Royal Navy. I have commanded
vessels from Plymouth Sound to the Lizard light
for many years. In taking the departure from the
Rame Head, which may be considered the first
point, I should take my course west by west
nothing west. That would take me four or five
miles westward of the Lizard. I should take my
bearings from every head-land and remarkable
place as I passed it and refer to the chart. I
know the Lizard light perfectly well. In keeping
the Lizard light in sight you must pass clear of
the Manacles. As a matter of navigation or
prudence a person ought to sight them in order to
keep clear of the Manacles. In coming round the
Rame Head you ought to keep the Lizard right in
view. If you lose sight of the Lizard in clear
weather you are in danger, because you might be
too near the land, and be in danger of going on
shore, if you steered westward. The Blackhead
point shuts out the light of the Lizard. I heard
the evidence of the four helmsman - Elder (whose
evidence was very good), Rowe, Venning sand
Curry. I attended to the course as given by the
men to-day. That course was decidedly wrong. I
have heard the quarter from which the wind was
blowing. Supposing the course to be followed as
the helmsmen were directed, it would have brought
her on the Manacles. I have collected that from
the evidence of the witness. You must take into
consideration the wind and the indrafts into the
bays. The wind being on the quarter would have an
effect of edging her a little in the windward of
her course, and that would cause her to be
wrecked on the Manacles. I commanded the Express
from Falmouth to Brazils. I have not been to sea
for six years. I commanded packets from Falmouth
for nine years. We always landed our mails at
Falmouth and then proceeded to Plymouth to refit
before the next voyage. I have not commanded a
ship from Plymouth direct to foreign station.
Mr.SLADE: Have you taken great
interest in this matter:
Witness: I have not taken more
interest than any other person under the
circumstances.
Mr.SLADE: Have you not said
that the wind to the quarter, and the course
being due west, would bring her on the
Manacles.
Witness: Yes
Mr.SLADE: I suppose you would
keep W. and by S. from the Rame Head.
Witness: Yes, that would be my
steering.
Mr.SLADE: Supposing the wind to
be on the quarter, and the wind edging, would
that not bring her on the Manacles?
Witness: No, you have plenty of
room if the vessel was edged two or three miles
from her course.
Mr.SLADE: And then supposing
you can't see the Lizard?
Witness: I should then
decidedly sound. A person must judge where he is
by sounding.
Mr.SLADE: That is when you are
making the land?
Witness: Yes, and when you are
edging by the land.
Mr.SLADE: Do you mean to tell
me that the lead is kept going in merchant
ships?
Witness: Yes, and a person
would not do his duty if he did not occasionally
use the deep sea lead.
Mr.SLADE: What! In merchant
ships?
Witness: Yes
Mr.SLADE: Do you not know that
that is an Admiralty regulation, and does not
apply to merchant ships?
Witness: Every person.
Mr.SLADE: You must answer my
question yes or no.
The witness again proceeded to
offer an explanation when
Mr.SLADE said: You shall answer
my question if you remain her all night. He then
repeated the question.
Witness: It should apply to
every vessel.
Mr.SLADE: That is not my
question. Do the coasting vessels use the
lead?
Witness: No vessel should be
within ten miles of the shore without
soundings.
Mr.SLADE: Would it be right to
sound within five miles of the Deadman?
Witness: No; it would not be
necessary.
Mr.SLADE: Do you mean to say
that a vessel going seven knots an hour can take
soundings in thirty fathoms of water?
Witness: You can take it with
the deep sea lead, but not with the common
lead.
Mr.SLADE then put the following
important question:- You will please take the
chart (handing the witness a very large one,) and
we put ourselves at eight o'clock four or
five miles off the Deadman, and the Ramehead
having been passed a mile and a half distant,
steering west southerly, the ship continuing
seven knots an hour, where would she be at ten
o'clock?
Witness was understood to say
about twenty yards outside the Manacles.
Mr.SLADE: Draw a line a mile
and a half from the Ramehead to a point opposite
the Deadman; where would she be at a given
time?
Witness: Steering six miles off
the Deadman
Mr.SLADE: If she stood due west
going seven knots an hour, where would she be in
twenty minutes?
Witness: It would give her
about two miles and a quarter.
Mr.SLADE: I will now give you
ten minutes west half south.
Witness said he had marked it
off.
Mr.SLADE: And now take it
W.S.W. for an hour.
Witness after a minute or two
said he had also done that. A similar question
was put for him to mark another five minutes
course, South West.
Mr.SLADE: That would bring you
41 miles off the Manacles Rocks.
Witness: The wind was blowing
from the shore on the starboard quarter, and you
must take into consideration the indrafts of
Fowey, St.Austell and Polkerris harbours.
Mr.SLADE: How is a person to
know the indraft of Polkerris harbour?
Witness: By experience. The
course he steered was a dangerous one.
Mr.SLADE: According to you I
suppose he ought to have steered southerly?
Witness: No; west by south.
Mr.SLADE: I am afraid your
course would bring you on the Manacles.
Witness: Oh, no, sir.
Mr.SLADE: Do not accidents
often occur which are unaccountable?
The JUDGE: If you do not know,
say so.
Witness: Accidents happen very
frequently.
Mr.SLADE: Don't make
yourself a partizan.
Witness: I am not a partizan,
nor am I prejudiced against the prisoner. I never
saw him previous to this disaster.
The JUDGE: You may mention any
accidents.
Witness: I am not sufficiently
aware of any accidents.
The JUDGE: Then you have not
known of any accidents having occurred without
being accounted for.
Witness was not observed to
make any answer.
Mr.SLADE: What do you mean by
the Great Britain in Dundrum Bay? She left
Liverpool and ran on shore on the coast of
Ireland, and that was not accounted for by any
one but you.
Witness: It was
carelessness.
Mr.SLADE: Do you think the loss
of the Great Britain was the result of an
accident and can be explained?
Witness: It occurred from want
of good judgement.
Mr.SLADE: And the loss of
H.M.S. Thetis, Captain Sutherland (we believe),
with a quantity of bullion, off Rio - that was
unaccountable, I suppose, too. She was one of
your own cloth.
Witness: Yes. With proper care
she would not have been lost.
Mr.SLADE: Then, again, there
was the stranding of H.M.S. Hecla, on a passage
from Malaga to Gibraltar; and the Cossack, near
Plymouth.
Witness: Yes, I have heard of
it. There are between 500 and 600 vessels lost
every year, and it is my impression that
two-thirds of them are lost through drunkenness
and carelessness.
Mr.SLADE: Then you have a very
strong opinion on the matter?
Witness: Yes, and particularly
in this case.
Mr.SLADE: And then when a ship
is lost you take the strong opinion first.
Witness: Oh, no, sir.
Mr.SLADE: Do you remember the
loss of the Birkenhead off the Cape of Good Hope,
with the loss of nearly the whole on board? Did
that make any impression on you?
Witness (indifferently): Oh,
no, sir. I would have studied the matter before I
came into court had I known you were going to ask
the question.
Mr.SLADE: Do you know of any
one being charged with manslaughter for the loss
of that steamer?
The witness returned no
answer.
Re-examined by Serjeant
KINGLAKE: You have heard the course she was
steered - was that a right or wrong course.
Witness: A wrong course.
Serjeant KINGLAKE: And to have
brought her, in your opinion, on the Manacles
Rocks?
Witness said yes, and he was
about to explain why she got there when he was
interrupted by the Judge, who said he was not
called upon to explain the cause.
Serjeant KINGLAKE: I think you
stated just now that in coming round the Rame
Head the course should be west or westerly; which
is the course?
Witness: West by south going
down the channel, and not to the westward.
Some other questions were put
to captain Lory, but they were unimportant.
Mr.COLLIER was then about to
call Capt.Wake, the commander of the Coast Guard
in the St.Keverne district, but Mr.SLADE objected
to his being examined from being in court during
the examination of the witnesses.
The JUDGE said he could not be
called for the above reason - Captain Lory being
the only witness who was asked to be allowed to
remain.
Serjeant KINGLAKE: We will not
call him then.
The next witness called was
Michael Stadden, who was
examined by Mr.COLLIER.
He said I am a shoemaker,
residing at Launceston. I was a passenger on
board the John. I had a wife and five children on
board, who were all drowned. I could see the land
quite plain. It was a moonlight night. It was not
a thick night. I saw the captain on the
forecastle. I thought the ship was too near the
land, and I went to the helmsman and make some
enquiries of him. I then went below thinking that
it was all right if the captain was on the
forecastle. I went below, and before I had time
to undress she struck. I then ran on deck and the
first person I saw was the captain, and I asked
him what was the matter? He replied that it would
be all right. I then went below and told my wife
to dress, and I lighted the only lamp in the
ship. I heard the captain say, "lower a
boat," and he pointed to the quarter-boat.
The boat was lowered and he was the first person
who jumped into it. Two of my children were on
the deck. I went below and left three of my
children in bed. When I came on deck again the
captain was there and I asked him if there was
any danger, and he replied "it is all right,
I am with you." I begged him to lower the
boats and he said that he could not, but that we
should be all right. I heard many persons also
request him to lower the boats, and he returned
them a similar reply. He said he was a ruined
man, and should not see his owner any more. The
deck of the ship was dry when the long-boat was
about to be launched. The sea was not rough then,
and the people around were quite composed. I
should not have been afraid to go on shore in the
boat. I saw that the tide afterwards began to
rise, and I felt alarmed. I looked about for the
captain, but could not see him. The water was
then coming over the poop, and the sea increased
with the tide. I went below to the captain and
said a gun had been fired from the shore, and he
made no reply. I can't describe the confusion
that took place when the tide began to rise. It
was awful. The captain came on deck with a great
coat under his arm. The poor people on the poop
could not have gone to the rigging; it was
impossible for any one. I tried myself, and lost
a child in the attempt. The captain said he was
there amongst them, and should not leave them. A
short time afterwards when I was on the weather
side of the ship, I saw the captain in the
rigging. He was in the rigging before the people
were washed off from the poop.
Cross-examined: The captain
said we should be all right." I have been to
London in a steamer. I never heard the captain
entreat the people to go to the rigging. I am
certain of that.
Re-examined by Mr.COLLIER: I
never heard the captain give a single order with
the exception of the lowering of one boat.
William Henry Yelland,
examined by Mr.COLERIDGE: I was a passenger by
the John. I was on deck at eight o'clock, and
I fancied I was near the land. I could see it
plain. I walked on deck till about nine, and went
below, and about ten I was awoke by a shock. When
I came on deck I heard the captain giving orders
to furl the sails. She then "forged"
off and took ground a second time on her helm. We
were very near the land - about three or four
minutes pull from the shore. She remained very
calm and the sea was not rough till the tide
began to rise. The people went to the poop, and I
saw the captain there, and I asked him to get the
boats out, to which he replied "get them out
yourself." I did not hear him say anything
to the passengers before that. I assisted in
getting out the life-boat. I did not see the
captain then. The boat had no oars or trowel
pins, and she went adrift with two poor fellows
in it. There were no trowels in the long-boat. I
made some trowels for that boat. I remained till
the sea began to break over the boat, and I went
to the mizen rigging and was washed off once, but
saved myself. The captain said the shore was very
rocky, and he was afraid of losing the people,
and he thought all would be well in the morning
and, under these circumstances, I remained
perfectly composed.
Cross-examined: The captain did
exert himself for the good of all. I slept in the
boat about an hour. I went on shore in the last
boat. I went on shore in the same boat as the
captain. I did not see the captain in the rigging
with a child.
John Houghton, examined
by Serjeant KINGLAKE: I was a passenger on the
John. I was in my berth when the ship struck. I
came on deck, and went below a second time, and
then found the ship was making water. When I
again came on deck I asked the captain where we
were, and he replied "on the Manacles."
I said "lower the boats and land us."
He said "my dear man there is no
danger." He also said he did not know the
nature of the coast. I said "send in some
men and see for a landing place," and he
replied "there is no occasion, stay steady
till the morning and then you will be taken off
by the land's boats." He also said
"you see that I am not drunk." No one
that I had heard had spoken to him on that
matter. I saw the land quite plain, and there
would have been no difficulty of our landing. I
remained on the deck. The tide at that time was
ebbing, and a few hours afterwards it again began
to rise. A portion of the deck was dry when the
tide was receding and another portion wet. When
the tide began to rise the men went to the
rigging, and the women and children to the poop.
About an hour and a half afterwards, I saw the
captain in his cabin. He appeared to be in a very
drowsy state. I did not speak to him. I did not
see him any short time before that about the
ship. I assisted in lowering one boat which
afterwards parted her tackle having slipped. A
man named Elder was there.
The witness was not
cross-examined by the counsel for the
prosecution.
William Clements,
another passenger, said: I spoke to the captain
about lowering the boats, and he said first that
it would be no use, and that we should be safe on
the quarter-deck. I said "I should not be
safe there as the tide would flow three times as
high as that," and he said it wouldn't.
I told him that when I left Torpoint it was high
water at six o'clock in the morning, and he
said it would be high water the next morning at
about three or four o'clock. Between two and
three o'clock the water began to float the
poop. About two hours after she struck, I went to
the captain's cabin and saw him. He was lying
on his back, and appeared to be sleeping; he was
snoring. It was in his berth that he was
sleeping. I saw him again afterwards on the
topmast. When he was on the topmast the poop-deck
was full of people, and the sea continually
washed away the people. I saw that the captain
had a coat on.
Cross-examined: The captain
held my child two or three times. I believe that
I was not before the coroner or the Grand Jury. I
was examined at Falmouth. Capt.Wake brought me
up. I have not been bound over to attend. I was
requested to do so partly by Capt.Wake.
Q. What have you to say about
Captain Rawle after his kindness to your
child?
A. I don't know, sir. It
was very good of him as far as it goes. There was
some water in the cabin when I saw the captain
there. It was up to my shoes. I did not go there
for any particular business. I saw a young man
there and I went to him. I am one of St.Kew,
which is about eight miles from here. I want to
tell the truth, as I believe things were done
that were not right.
Q. Did not Captain Rawle
consent to take you and your family for
£2?
A. Not very likely. I paid in
all £26. My own fare was £4, and the
captain consented to take me for half the fare,
viz., £2.
Re-examined by Mr.COLERIDGE: I
have no ill-will against the captain, and the
only purpose for which I have come here is to
tell the truth. There was enough water to wet a
person's feet in the cabin when I saw him
there. The bed in which the captain was sleeping
was out of the water.
George Wilce said I was
a passenger on board the John. I saw the captain
after the ship struck. He said "Some of the
passengers would say I am drunk, but God d--- am
I drunk?" The next place I saw him was
outside the cabin door. I asked him for a
blanket, and something to cover my sister. He
returned me no answer. He was sleeping in his
cabin on a barrel, and he roused from the end of
the barrow where he was sitting, and went into
his bed. I afterwards saw him in the main top. I
saw him make no exertion to get the people into
the rigging. At the time he was in his bed there
were opportunities of getting the passengers into
the rigging.
Cross-examined: I was not
before the Grand Jury. Capt.Wake, of the Coast
Guard, brought me here. We were saved by the
Coast Guard.
Mr.SLADE asked the witness who
was Capt.Wake? The witness returned no
answer.
Captain WAKE, who was behind
the counsel for the prosecution here rose from
where he was sitting and some very personal
remarks were made by Mr.Slade towards him which
were interrupted by the Judge, who requested the
learned counsel for the defence to remember that
he was in a court of justice.
Nicholas Reed: I saw the
captain after the John struck, and asked him why
he did not throw out the boats, and he said
"do it yourself." I then assisted with
some other persons to get the life boat out. She
had no oars and drifted away. We endeavoured then
to get out the long boat, but we received
instructions not to put it out. We saw the
captain afterwards and the people went around
him. He said they would be safer there than in
the boats.
Cross-examined: When the water
was rising I heard the captain give directions
for the people to go to the rigging.
Wm.Hallett, husband of
the deceased, was the next witness examined. I
was a passenger on board the John, with my wife,
who was drowned. I saw her body afterwards at
St.Keverne church. When the vessel struck it was
rough, but it got calm afterwards, and about one
o'clock it got rough again. I did not hear
the captain give any orders that night.
Timothy Carew examined
by Mr.Coleridge. he said, I am a lieutenant in
Her Majesty's navy, and was emigration
officer at the port of Plymouth. It was my duty
to inspect the John, and I did so the day she
left Plymouth. I gave her a certificate to the
effect that the provisions of the act had been
complied with. I mustered the crew previous to
her leaving. She was fully manned. She had four
boats - the number required was three. They were
all good boats. I caused the John to be surveyed
previous to her being taken up as a passenger
ship. There were compasses on board - five in
all, one of which was an Azamuth compass. There
was one on the deck and one in the captain's
cabin. It is not the duty of an emigration
officer to examine the compasses, but I satisfied
myself that there were some on board in a casual
way.
Cross-examined: I saw a card
under a glass case similar to the one produced. I
was inspecting emigration officer. I gave a
certificate that she had complied with the
previous act. I believe that three of the
compasses were stowed away. I believe that in Her
Majesty's service, ships are swung to adjust
the compasses, I have heard it from earsay
only.
Captain Lory was
recalled, and was asked by Mr.Slade if Her
Majesty's ships were swung to adjust their
compasses? He replied that he believed they were,
but he was never swung in one.
This was the case for the
prosecution.
Mr.SLADE then rose and
addressed the jury on behalf of the prisoner. He
said it now became his duty to address them, and
he felt that more than ordinary responsibility
rested upon him on this occasion. He would have
the jury to well remember that their duty was
also responsible, because if their verdict was
adverse to the prisoner he would in all
probability be transported for life as a felon -
a man who was as respectable, and was as much
respected as any one who sat in the Jury box;
and, therefore, it was with no ordinary feeling
that he rose to address them on his behalf, for
with them rested all the prisoner's happiness
in this world. He felt confident that they, in
common with himself, were anxious that the law
should be carried out, but he felt equally
certain that notwithstanding every one must
deplore the awful loss of life occasioned by the
wreck of the John, if he had no occasioned their
death they would not feel anxious to punish him.
To the bereaved friends and relatives of the
unfortunate passengers was due the deepest
sympathy, but the Jury should never forget that
if in their judgement they convicted him their
verdict would send him across the seas. He would
impress upon them to banish from their minds all
that they might have heard or read in the
newspapers, and confine themselves to the facts
of the case as adduced before them, that day.
Fortunately it did not devolve upon Captain Lory
to prove the case, as he did not possess the
greatest attainments. Captain Lory had given them
his opinion of the matter, but he (Mr.Slade)
confessed that it went very little towards
showing that the prisoner was culpable at all.
This was the first time of a captain being
brought forward to answer such a charge; and
because the guys of the ship broke and a large
number of the passengers were drowned through
that circumstance, ought the captain to be put on
trial for manslaughter? He believed that if there
had been but one life lost such a charge would
never have been brought against him, and if such
a charge were not brought because one person only
came to his death, why should there be when 189
persons were drowned? The fact was it was
considered that some one was to blame, and the
cry was "we must have the captain." He
defied any one to say that Captain Rawle
neglected any part of his duty on the trying
night in question which should make him
criminally responsible for the loss of so many
lives. Nearly the whole of the crew spoke highly
in favour of him and none were so capable of
judging as they were. When she struck, his words
were, "Fear not; I will stay with you to the
last." That was the true sentiment of a
British sailor, and if he (Mr.Slade) wished to
trust his life on a long voyage there was no one
with whom he should feel so comfortable as with
Capt.Rawle. He gave advice to all, and it would
have been well for if they had followed his
advice. When his own time was very near, when his
own death knell was about to toll, they found him
protecting this poor child; and who was the man
brought up by Captain Wake, but the very man
whose child Captain Rawle had protected and
saved; and yet Capt. Wake had not brought up his
own Coast guardmen to give them an account of the
matter. He deeply regretted that Captain Wake
should have thought it his duty to rake up
evidence that had not been before the Grand Jury
and the coroner.
Captain Wake rose, and said the
statements were false.
The JUDGE: You are too strong
Mr.Slade.
Mr.SLADE: I withdraw them.
Serjeant KINGLAKE: They are
already made.
The JUDGE was understood to say
that he could reprove Captain Wake.
Mr.SLADE said in continuation,
that he was wrong in saying "raking" up
the evidence, and therefore he would withdraw his
remarks. His learned friend (the serjeant) had
laid great stress on the captain not having put
out the boats. His friend said if the boats had
been put out the lives might have been saved.
What an issue on which to found an accusation for
manslaughter. Thousands of lives had been saved
by remaining with the vessel. If they had gone up
into the rigging they might have been saved, but
they stood upon the poop-deck, and the stays
which held the boom breaking, that boom rolled
about and swept them off at twenty and thirty a
time into the sea, and was the captain answerable
for that? Would they have had the captain, in
such a situation, with a rolling sea and
surrounded by rocks, magnify the danger? Would
that not have increased the confusion? He had
jumped down in the first boat to see that all was
right, and then, like the brave fellow as he was,
he got on board again, to share the danger with
those by whom he was surrounded. If they were to
hold that the captain of a merchantman placed in
such a situation was afterwards to be tried as a
felon, there was an end of the merchant service,
for no one would go to sea with a rope around his
neck. He believed to Captain Lory and Captain
Wake they owed the prosecution. He did not
complain it; for people when they got strong
notions in their heads would carry them out. He
would prove the innocence of Captain Rawle by the
witnesses against him. His friend said that there
was only one solution to this question, and that
was that the ship got on the Manacles rocks by
the negligence of the captain. He (Mr.Slade)
thought there were two solutions, and his theory
was as reasonable as Serjeant Kinglake's. the
witness said the captain could not be every
twenty-four hours in every part of the ship at
once; and because this men chose not to carry out
his orders, should he be criminally responsible?
He submitted that if the men did not steer as he
told them, Captain Rawle was not responsible in a
criminal court; but he would not put it upon the
men; he would put it upon that fruitful source of
maritime misfortune - if the compass was not
correct it was a guide to mischief. Our fostering
Government would provide it's own agents to
see that all was right, and yet this agent said
that he had nothing to do with the compass.
Whether it was true or false he did not know. He
saw two, and he was told that three were locked
up. He hoped that next session some law would be
introduced making it necessary that the agent
should attend to the compasses. A new-fashioned
compass (an Azamuth) had been put on board at
Cardiff, and that had carried Captain Rawle upon
the Manacle Rocks, which was fully proved by the
evidence of Captain Lory, who had drawn upon the
chart the course which the witnesses believe had
been taken. What motive could Captain Rawle have
had for running the vessel ashore? Why, he had
lost all he had. There was no cutting corners; he
was attempting to take the proper course. It was
his duty to take advantage of the ebb tide, which
was inshore. The mate had said that the conduct
of Captain Rawle was judicious. Did the ship get
upon the rocks for the want of skill or
negligence on the part of Captain Rawle? If so,
he was guilty; but he contended that, from the
evidence, it was manifest that he had shown skill
and attention, and that if there was any fault at
al, it must have been with the compasses. The
learned counsel then pointed out upon the chart
the course that was pursued, as stated by Captain
Lory, according to the directions of Captain
Rawle, and that would have taken the vessel
between two and three miles from the Manacles.
Captain had a theory; he did not blame him for
it, because human nature was weak, and to the day
of his death, while he was taking his
gin-and-water with his friend Captain Wake, he
would say, "I don't mind what the jury
up at Bodmin said, I am still of the opinion
Rawle was guilty; don't you think so,
Wake?". And Captain Wake would say
"Yes." It was an absurd theory tried to
be carried out by a still stronger absurdity.
Unless they were prepared to render up their
common sense to Captain Lory, his client was
entitled to claim their verdict. Mr.Slade then
proceed to call
Captain Henry Nichols,
who said - I was part owner of the John. I have
known the prisoner seven or eight years, both as
chief officer and captain - the latter about
eighteen months. I have also known him at Quebec
as chief officer in our employ; and his character
was as good there as in England.
Robert William Avery
said - I live at Plymouth, and also was part
owner of the John. I have been connected with
shipping about forty years, and I have known
Captain Rawle five or six years. I believe he has
carried out the wishes of the owners in every
respect, in the various positions he has held. As
one of the owners I would have no objection to
again take him into our service.
Cross-examined: We have place
£3500 into the hands of the Board and Trade
as security arising out of the loss of the
John.
Christopher Rea, tide
surveyor to the Board of Customs at Plymouth
said, "I have known Capt.Rawle five or six
years. I have known him as chief officer of the
Margaret and Ann and of the John. In my official
capacity I have had occasion to go on board these
vessels at various hours; and I have always seen
him attentive to his duties.
The certificate granted by the
Board of Trade to the prisoner was also put
in.
This was the case for the
defendant.
Mr.Justice Williams then
summed up the case to the jury, and observed that
this was a most important case, and one which
required at their hands the most calm,
dispassionate, and unprejudiced investigation. On
the one hand, it was natural that they should
feel very deeply on the subject of this most
deplorable wreck, and the miserable death of so
many of their fellow creatures; it was natural
that they should be anxious that someone should
be punished in order to prevent, if possible, a
reoccurrence of such a melancholy event. On the
other hand, they owed it to the man who sat at
the bar charged with this serious offence to do
him no injustice, and they would do him injustice
if they found a verdict upon any other grounds
than a patient and just view if the evidence. He
would entreat them to dismiss from their minds
everything that they had heard before they came
into that box, and to act faithfully and entirely
upon the evidence which had been laid before
them. The prisoner was charged with manslaughter
by culpable neglect and discharge of his duty,
causing the death of Eliza Hallett by the law of
this country, if a man took upon himself an
office such as that of commander of a merchant
vessel, for which a certain quantity of skill,
care, and activity was requisite, he was bound to
the ordinary, skilful, careful and active in the
discharge of his duty; and if, by his
unskilfullness, carelessness, negligence or
supiness, he caused the death of a fellow
creature, he would be guilty of manslaughter. If
they thought it had been proved that the ship
having become a wreck was attributable to the
neglect of the captain in the ordinary duty of
navigating the ship, or that the loss of the life
of Eliza Hallett was generally to be attributed
to his want of taking proper steps after it
happened hey ought to find him guilty; but they
must bear in mind that it was ordinary skill and
ordinary exertion only that could be required; it
was not because by more than ordinary skill the
wreck might have been avoided, or because by more
than ordinary activity the lives might have been
saved, that they would find the prisoner guilty
of this charge. He could hardly see that after
the wreck there was anything that could be called
culpable negligence or want of skill on the part
of the captain to lead to the death of these
unfortunate people. Then it was for them to say
whether the occurrence had arisen through the
want of skill in the captain in navigating the
vessel; if the compasses were incorrect the
captain was not responsible for that
circumstance; therefore, if they thought that
incorrectness had led or contributed to the
unfortunate occurrence, the captain would not be
guilty of having caused the death of the
deceased. If they had had any doubt, the captain
was entitled to an acquittal.
At seven o'clock the jury
retired to consider their verdict, and after
about five minutes deliberation, returned a
verdict of "not guilty".
Signs of approbation were shown
when the jury returned their decision, which was
quelled by the officers of the court. Several
friends congratulated the prisoner previous to
leaving the hall, whilst others heartily shook
hand with him.
The above case
concluded the business of the
Assize.
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