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| This newspaper chronicles the arrival of Captain William Darby Brind on July 11 | An extraodinary report that he had been involved in brutality on his last voyage levelled at him by his own ship's surgeon | and a report of the birth of a son | See family tree |
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Shipping Intelligence Extracts New Zealand Advertiser and Bay of Islands Gazette of 1840 New Zealand Bound
Shipping Intelligence
Historical Sketch of New Zealand (summarised) Abel Jansan Tasman first made known the existence of New Zealand to Europeans. He first saw it on the 13th Sept, 1612. There is no evidence of any Europeans having landed on these islands before Captain Cook, which he did on the evening of Sunday the 8th Oct. 1796, accompanied by S.____ and Banks. Captain Cook having circumnavigated and surveyed both islands, took possession of them on behalf of the King of Great Britain, thus according to the Law of Nations establishing a claim to the Sovereignty against all foreign power; a claim that the Crown itself cannot lightly abandon. Captain Cook saw that New Zealand was an eligible site for a Colony. In 1814, the Rev. Samuel Marsden, of New South Wales, laid the foundation of the Church of England Mission at the Bay of Islands. Previous to this Col. Foveaux, of New South Wales Corps, had recommended New Zealand to the Government of Sydney as a penal settlement; Nov. 14 1814 his Excellency hereby appoint Thomas Kendall, Resident Magistrate at the Bay of Islands," July 2 1840 page 3 page 2. List of approx. 150 have taken out a subscription for the hospital Seventy-one British and Colonial, fifty-nine American, twenty-one French and one Portuguese, one New Zealand, and two Tahitian vessels have visited the Bay of Islands during the year 1839 - Australian (newspaper) Sailed on May 9th the barque Hope, Captain Coombs, for New Zealand. Passengers, Mrs Coombs, and child. Dr. Cannon, Messrs Taylor, Bidwell, Brodfoot, 8 adults and 9 children in steerage. - Australian The Lord Gotrrich will be laid on for New Zealand immediately on her arrival from Launceston. - Port Phillip Gazette, March 26 We report the loss of the cutter Aquila, Captain Mark, belonging to Mr Scott, on Monday evening. 11 persons on board. She left the Harbour in the afternoon for the Thames, and almost ten or eleven o'clock in the evening the Captain mistook one island for another, in consequence the vessel was driven upon a reef. Three passengers perished. Mr McLeod, Mrs Garling and Mr Henry. The captain returned to Kororareka to announce the disaster. July 2 1840 page 4 Arrived. July 28 - The ship Chelydra, 349 tons, Captain David Smale, from Sydney the 4th June, with goods and passengers. - Agents, Messrs Henry Thompson & Co.
Arrived July 2 - H.M. Ship Herald, Captain Nias, from a coasting expedition. July 2 - H.M. brig Britomart, Captain Stanley, from Sydney, with Government stores and mails July 2 - Brig Transfer, Captain Munro, from Sydney, destined for Hokianga. She landed some goods here and the following passengers - Mr and Mrs Abertine and three children, Mr and Mrs Morley and Mr Berry July 5 - The brig Bee, master D. McFarlane, from Port Nicholson Sailed July 5 - H.M.Ship Herald for Sydney Thursday July 9th 1840 page 2 Annual subscription fund for hospital. Large list of names Died On Monday the 6th instant, aged 13 months, Emma, daughter of Mr Aberhne, just arrived from Melbourne, Port Philip. page 3 Thank you letter to David Smale, Esq., Commander of the ship Chelydra. A1. register. Only two years old. Has superior accommodations and carries a surgeon. Thursday July 16 1840 page 3 Rev. Mr Bumby. Wesleynn Missionary of Hokianga, has been drowned with 12 natives, in an expedition Southward. Arrivals July 11 - The ship Diana, Captain Robert Milne, 204 tons, from Sydney. Passengers -- Captain Besnard, Captain Watson, Captain ?Ennis, Captain Leathan, Captain Beckham, 28th regt., Dr Gammie, 80th regt., Messrs W.C. Heurell, R. Schultz, H. Crofts, J.B. Gilmore, J. Sharpe, R. Witgmore?, H. Cretney?, R. Learhart, __ Porter, Mr and Mrs Houston, Mrs Davis and child, and 20 in steerage. July 11 - The Alexander Henry, whaler, Captain Evans, from a whaling expedition July 11 - The Narwhal whaler, Captain Brind, from the whaling ground July 11 - L'Anbe, French man-of-war of 50 guns, Commodore Lavaud, in 103 days from France July 11, The cutter Ranger, from the Thames with His Excellency on board July 14 - The Jane Eliza from Sydney whaler. Thursday 23rd July 1840 Arrived July 22 - The bark Giraffe, Captain Weight, from Sydney in 16 days. Passengers, Mrs Wright, Mr Weston, Mr Hobson, Mr and Mrs Poncett, Mr Lavi_ne?, Captain Anwyl, and three in the steerage. July 22 - The schooner Ariel belonging to Captain Clayton, from a coasting expedition southward. Sailed. July 20 - The brig Transfer for Sydney July 22 - The brig Bee for Sydney Departures expected The ship Diana, for the Thames with passengers H.M. brig Britomart for Port Nicholson this day The ship Cheydra for Sydney
Thursday 30th July 1840 Birth. On the 26th instant, the Lady of S.E. Grimstone, Esq., of Russell, of a daughter. Died. On Saturday last, at Kororarika, Bay of Islands, after a few days illness, Charles Hurrell, Esq., late of Foxton, near Cambridge aged 22 years. Arrived July 23 - Barque Anna Watson, Captain Steward, from Kaipara and Sydney. She has been expected a long time. July 26 - Ship Helvetia, American whaler, from the sperm fishery July 28 - Schooner, Hope, Captain Munn, from Port Nicholson and Chatham Islands, with pigs, potatoes, &c. Sailed. July 23 - H.M. B. Britomart, for Port Nicholson Police Report. Before Captain Beckham, Mr Mair, Dr Johnson, Mr Murphy Henry Cohen, Richard Anderson, Henry Barnett, Isaac Howland and Alexander Young (had a mincing knife and axe) where charged with insubordination and having wounded the second mate of the Jane Eliza, whaler. Captain White. Log book called for. Rejected for not being signed by the captain or mate. William Foreman, first mate. James Calderson, second mate, William Walker, third officer, Billy Williams, a New Zealander, Henry Southey was sworn as an interpreter, Herman Meirs, a Dutchman, not understanding English very well, it was with difficulty he could give evidence. John Allen, ___Simpson, and William Waiburn, a sailor, were in the forecastle at the time, next was called another New Zealander, Charles Rockwood. Susanna Ann reached Sydney on the 2nd instant. A very rough passage. Carried away part of her bulkworks. Edward Edwards, sailor. Thursday 6th August 1840 July 30 - the Columbine, from Sydney, and the Brougham from Port Nicholson, with Colonel Wakefield as a passenger On the Saturday the 1st instant, the brig Martha from Sydney, chartered by Messrs Lloyd and Wood, who came in her as passengers The Aube French Frigate left the Bay on Thursday last The Diana sailed for the Thames on Saturday The Chelydra sails this day for Sydney Thursday 13 August 1840 George Way, William Bauker, William Tavlo of the American whaling barque Hercetia, were charged with an assault on the persons of two Natives. A women had been taken on board the above ship by one of the men, of her own will, and that the Natives, when they went to take her away were assaulted. Aug. 6 - Sailed the barque Brougham for Port Nicholson, and the ship Cheydra for Sydney with the following passengers - Dr Palmer, Mr Keck, Mr Lace_, Mr Empson, Mr Perry, Mr Williams, Mr Mullens, Mr McLennan, Mr Croft, Mr McCrolien, Mr Sandlord, Mr Cosgrove, Mr and Mrs Young and nine children, Mrs Houston, and 12 in the steerage. The Fair Barbadian had arrived at Kaipara from Sydney. Thursday 20th August 1840 Aug. 11 - The whaling barque Jessie, Captain Sargeant, put in to recruit, in consequence of contrary gales of wind; out 4 months, with 150 barrels sperm oil. Aug. 16 - Barque Delhi, Captain Herbert, 357 tons, from Sydney in 13 days, consigned with her cargo to Henry Thompson and Co. - Passengers, Mr Robinson, Mr Houlding, Mrs Hamilton and child, Miss Dick, Mr Cockrane, wife, and three children. Aug. - 16 - Whaling brig William Stovell, Captain Davidson, from the grounds, put on to water; has 1040 barrels Aug. 18 - Ship Victoria, 358 tons, Captain J.F. Saunders, from Sydney in 9 days, consigned to Henry Thompson & Co. Cabin passengers - Mr and Mrs Graham & 3 children, Messrs Howell, Talbot, Sincleton, Kennedy, Schultz, Harwood, Mr Corbett and child, Captain Foster, Lieut. Lugart, 10 steerage passengers, 23 soldiers, 2 women and 5 children. Sailed Aug. 18 - The Avon, Captain Underwood, for South Seas. Aug. 4 - The barque Harrest Home, Captain Todd, left Sydney for New Zealand, with sundaries and passengers. - Not yet arrived. Aug. 5 - The brig Julia, Captain Campbell, for Bay of Islands - not yet arrived. August 27 1840 Fatal accident. On Friday the 21st instant, a French seaman, named Jean Alexandre, being at work on board the Bishop's schooner, St. Marie, formerly the Atlas, fell from a considerable height into the hold across a piece of wood, by which means one of the vertibrae of the back was dislocated. He survived only six hours. An inquest was held next day by Gilbert Mair., J.P.. Verdict, accidental death. Arrived. Aug. 24 - Barque Bengal Merchant, Captain B___, from Sydney, in 7 days Aug. 26 - Dutch whaling ship Julian, of Bremen Aug. 26 - Barque Harrest Home, Captain Todd from Sydney, with passengers, sundries, Government despatches, &c. Sailed August 26 - The Delhi for Valparaiso The brig Martha last night for Sydney Expected Departure. The Giraffe in a few days for Canton. Captain Croker, of the H.M. ship Favorite was killed by a rifle ball at Tongataboo. General Shipping News Wreck has been reported off the North Cape. The brig William Stovell, A. Davidson commander, about 6 or 7 weeks ago spoke the brig Ginii? off Morton Bay; she had 409 barrels of oil. The barque Jessie in June spoke the Mary of Sydney; she had been 6 months out and had 560 barrels The City of Edinburgh was fatally wrecked on Flinders Island the 11 July. Her passengers were saved. The vessel was shivered to atoms and her cargo scattered down the coast. They were afterwards sold for the benefit of the Underwriters. The same night the Ocean Queen was driven ashore on the same island, her passengers were saved. The brig Skerne, Captain Lennon, left Sydney the 8th instant for New Zealand. September 3 1840 Arrived Aug. - 27 - The barque Diana, from the Thames Aug. 29 - The schooner Currency Lass Sept. 2 - Ranger, Revenue Cutter, from Tutakoka Sailed Sept. 2 - The Fair Barbardian, on a coasting expedition Expected Departures The Giraffe, Captain Wright, for China, and the Diana, Captain Milne, for Sydney, both in a day or two. September 10th 1840 The General Post Office, Russell NZ Large List of names. September 17 1840 Arrived Schooner Dolphin, Captain Smith, from the Thames Sept. 6 - French whaling barque Adel, Captain Welsh Sept, 6 - Schooner Kate, Captain Pringle, from Port Nicholson in 8 days Sept. 15 - American whaler Daniel Webster, Captain Baker Sept. 16 - H.M.S. Favorite, 18 guns, from Sydney in 8 days, bringing a large mail Sailed Sept. 9 - Whaling ship Jonas, Captain Rateau, on a cruise Sept. 10 - Ship Victoria for the Thames Sept. Diana, Captain Milne, for Sydney, with passengers. She has been altered to a brig, which we believe she originally was. Sept. 14 - Barque, Giraffe, Captain Wright, for Canton Sept. 13 - Barque Anna Watson for the Thames. She carries the Government workmen to their destination Sept. 16 - Brig Julia for Tahiti The Kate spoke the Hyphemia at the mouth of the Thames on Friday inst. The latter vessel contained the Government House. September 24 1840 Arrived. Sept. 18 - Schooner, Elizabeth, captain Stiles, from Launceston. She brings mails. Sept 23 - Barque Bolina from the Thames. She brings the Officer of the Buffalo. Sept. 23 - H.M. Brig Britomart, from Port Nicholson Sept. 24 - Barque Nimrod, Captain Gleaves, from Valparaiso. 75 days on her passage. She puts in for water, on her way to Sydney. Sailed Sept. The Harrest Home for Hokianga Sept. 22 - Schooner Elizabeth for Port Nicholson The barque "Anna Watson," having on board several Officers of the Government. mechanics, labourers, &c. anchored in the Harbour of Waitemata, on Tuesday the 15th instant, and this site for the intending settlement on its shores having been selected by the Surveyor- General,- on Friday the 18th September the ceremony of taking formal possession in the name of Her Majesty, was duly performed. The whole party having landed, the British Flag was hoisted on a staff, erected on a bold promontory, commanding a view of the entire Harbour. The Flag was immediately saluted by twenty-one guns from the "Anna Watson" followed by a salute of fifteen guns from the barque "Platina," after which her Majesty's health was drank at the foot of the flagstaff, and greeted by three times three hearty cheers. The "Anna Watson," then fired a salute of seven guns in honor of His Excellency the Lieutenant Governor. The Officers of the Government present on the occasion consisted of the Police Magistrate - the Colonial Surgeon - the Harbour-Master - the Superintendent of Works - the Sub-Protector of Aborigines - and the Surveyor- General and his Lady. Thursday October 1 1840 Arrived Sept. 27 - Brig Victoria, 184 tons, Captain F.C. Crew from Sydney Sept. 28 - Ship, Tybee, Captain Millet, from Sydney Sialed 28 - The Jura, whaler, Captain Neele, on a cruise Sept. 29 - Daniel Webster, American whaler, Captain Baker, on a cruise Sept. 29 - Eliza, American whaler, Captain Radcliffe, on a cruise Sept. 29 - Fanny, French whaler, Captain Hathaway, on a cruise Oct. 1 - Barque Nimrod, Captain Greaves, for Sydney Captain Todd, of the Harrest Home, was charged with kidnapping a boy, of 6 or 7 years of age, the son of Bernard Carey. Her Majesty's Flag has been planted at Bank's Peninsula by Captain Stanley, Commander of the Britomart. We understand that it was by rather a hard run he contrived to arrive before the French ship of war L'Anbe, and that the Britomart was considerably injured in her haste. October 8 2003 Oct. 2 - The brig Emigrant, from Warren, United States, with general cargo Sailed. Oct. 1 - The Kate, for Sydney Thursday Oct. 15 1840 On Wednesday evening, a man names Fraser, who had been discharged two or three days from the Bolina, leaped from the deck of the Coromandle schooner into the water, and was instantly drowned, there being no boat at hand to pick him up. Oct. 9 - The schooner Dolphin from the Thames Oct. 13 - Schooner Harlequin Captain Elliot, from Sydney. Consigned to Messrs Symmons, Weston & Co. Oct. 13 - Brig Nereus, Captain Chapman, from Sydney Oct. 13 - Whaling barque Frolic from the grounds Sailed. Oct. 11 - H.M.B. Britomart, for the Thames Oct 12 - Schooner Dolphin, for the Thames The Currency Lass sailed on Monday for the Sandwich Islands Departures immediately expected The Bolina direct for England, chartered by Government to take home the crew of the Buffalo Oct. 11 H.M. Ship Favorite for the Thames The Harlequin for Sydney October 22 1840 Arrived Oct. 21 - Schooners Columbine, Trent and Mercury from cursing Oct. 21 Ship Earl of Lonsdale, Captain Peel, from Sydney The brig Bee, Cheyne, master, from Sydney, consigned to G.T. Clayton & Co. The cargo consigned to Henry Thompson and Co., Bateman and Brodie, and E. McLenue. Sailed Oct. 16 - H.M. Ship Favorite with His Excellency the Lieutenant Governor Oct. 20 - The Tybee for Tahiti and the United Sates The Bolina for England Notice. That all Vessels built in New Zealand prior to the 21st of May 1840 will be licensed to trade Coastwise and with the Australian Colonies, until further Notice, on the production of the necessary Certificates, from the Surveying Officers. Vessels built in New Zealand subsequent to May 21st last, will be entitled to Registry as British. Any Vessel trading without Registry or License, will be liable to forfeiture under the 4th Section of the Act 3 & 4 Wm. 4. cap. _5, after expiation of one month from date hereof. Geo. Cooper, Collector. Custom House, Russell. 20th Oct. 1840
October 29 1840 The Bee left the Harbour for the Thames on Friday last, but was obliged to return on Sunday, in consequence of the weather. On Monday she sailed again for the same port. The schooner Ariel left the same day for the Coast. The brig Emigrant yesterday for Port Nicholson and the schooner Harlequin, Elliot, master, for the Thames, with the following passengers - Mr and Mrs Battrey, Mrs Mason and child. Messrs. Wood, Booth, Warner, Gordon and two steerage passengers. November 5 1840 Arrived. Oct. 29 - H.M.B. Britomart, from the Thames #0 - Brig Teresa, Captain Fish, from Taleahuna, South America, and Tahiti with flour Nov. 1 - Ranger Revenue Cutter from Waitemata, with His Excellency the Lieutentant Governor on board 1 - Brig Caroline, Captain Woodin, from Hobart Town, with merchandize and passengers 2 - Anna Watson, Captain Stewart from the Thames Sailed Oct 29 - The Platina for Hokianga Nov. 4 - H.M.B. Britomart, for Sydney 5 - This day the Ranger Revenue cutter for Sydney The Anna Watson for Sydney is expected to sail in a few days. Passengers per Caroline from Hobart Town Cabin - Captain England, of her 12th regt., Mr and Mrs Day and child, Richard Radcliffe and Frederick Manning, Esqrs. Steerage - Mr & Mrs Grimlay, Mr and Mrs O'Neil, Mr and Mrs Makepeace, Mr and Mrs Coombes and child, Mr and Mrs Ross, Messrs. Heath, Sawyer, Gibbs, McCormack & son, Hunter, and William Stevenson, a Native Wesleyan Preacher! November 12 1840 The brig Nimrod, master Lancaster, arrived on Friday Nvo.6th. from Sydney. On Sunday, Nov. 6 the John Renwick, Morgan, master, from Sydney to London, put in to the Bay, having sprung a leak, and having discovered and stopped it, sailed again on Tuesday. All vessels which may arrive in the Harbour of the Bay of Islands, on and after the first day of November 1840, must be reported by the Master, in conformity with the 15th Section of the Act of the Governor and Council of New South Wales, 3rd Victoria No. 3, and goods duty entered as required by the 17th Section of the said Act. All Vessels Outward bound must be provided with proper Clearances, and the Goods laden therein be duly entered Outwards, in compliance with the 48th Section of the Act before mentioned. Geo. Cooper, Collector. Custom House, Russell. 12th Oct. 1840 Nov. 19 1840 Birth. Nov. 15, the wife of Mr Thomas Addeman of a son. Death. Nov. 22 at Kororaeka, Captain Richards, late of the Harriet.
The schooner Russell arrived from the Thames on Saturday. The Anna Watson sails this day for Sydney. The brig Teresa sailed for Port Nicholson on Friday. Sperm oil about the middle of June brought from £90 to £95 per tun; other oils in proportion; whalebone brought about £105 to £110 per ton. Nov. 26 1840 Nov. 21 - James Stewart, of St. John's N.B., 386 tons, Register, Captain Dubesty, from the whaling grounds off Kar_uhaika, out seven months, having on board 1300 barrels of black, 300 barrels of sperm oil and 9 tons of whale bone - Agenus Henny Thompson & Co. Nov. 21 - The barque Cuba on her way from Sydney to Port Nicholson Nov. 25 - The brig Diana, Captain Milne, from Sydney Sailed Nov. 22 - The brig Caroline, Captain Woodin for Hokianga and Hobart Town Nov. 25 - The Cuba for Port Nicholson Hokianga Shipping arrived Nov. 12 - Earl of Lonsdale from the Bay of Islands Sailed Nov. 11 Harvest Home for Port Philip 11 - Cicila for Launceston 11 - Flying Fish for Pa Ringa Ringa 16 - Bengal Merchant for Sydney Ships in Harbour Plantia for Sydney - M. Marriner, agent Earl of Lonsdale - Peter Monroe and M. Marriner, Agents December 3 1840 Notice to Mariners The Town of Auckland on the Southern Bank of the River Waitemata is situated in lat. 33 50' 36 South, and Long 174 43' East nearly. The entrance to the Waitemata is on the Western side of the Gulf of Spoaraka, (or the Firth of Thames) and is screened from the North East by the Islands of Rangi Toto, Motu Tapu and a succession of bold precipitous Islands lying off the North West end of the large Island of Waikeikei. Directions Vessels bound to Auckland from the Northward after making Port Rodney, should steer for the Island of Tiri Tiri Mautangi... Birth. On Monday last, 30th November at Mrs Robertson's Island, the lady of Captain William D. Brand? (clearly this should be William Darby Brind) of a son.
On Tuesday last, the wife of Mr Jones, of the Royal Hotel of a son. Married. Dec.3, this day, at Kororareka Church, by the Rev. Barrows, Captain George Painter, to Jane Hudson, relict of the late Mr Hanson of Sydney On Tuesday the 24th Nov. Mary Ann Davidson, late of Sydney, but for some time recently on board the James Stewart put end to her life by swallowing a wine glass full of Ludanum, in a state of temporary dearrangement. She was dead when the Doctor arrived. Shipping Intelligence
Thursday December 10 1840 Last available issue Arrived. Dec. 6 - Brig Victoria from Sydney with Mr Fisher, Land Claims Commissioner on board 7 - Ship Herald, American whaler, 241 tons, Captain Joseph Reynolds; out 37 months, with 1400 barrels 8 - Barque Thomas Lawrie, 249 tons, Captain Price, from Sydney the 2nd November. Brings cattle, merchandise and passengers. Mr Busby is among the passengers. Accident. Our excellent Surgeon, Dr. Davis having, in his capacity of Health Officer, on Monday evening last to go on board the American whaler, when the Harbour Master, by some mishap was thrown from the boat into the water by the side of the ship, going at a rate of 5 knots an hour. He was rescued. He had hold of a rope. |
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New Zealand Advertiser & Bay of Islands Gazette 23.7.1840, POLICE REPORT, Saturday July 16, before C.B.Robinson, M. Murphy, and John Johnson Esqs. Captain Brind, of the Narwhal whaler, was charged by Mr Jelly, Surgeon of the same vessel, with various violent treatment on the 9th April, and subsequently, so as to put him in bodily fear. Mr C.B. Brewer was engaged for the prosecution, and Mr Whitaker for the defence. The evidence produced was by agreement on the part of the Counsel chiefly confined to the transactions of the 9th April. Mr Jelly's statement was, that without any just cause, Capt B. on that day used personal violence towards him, and ordered his officers to do the same, in attempting to force him to leave his cabin, the object being on the part of the Captain to secure possession of the Surgeon's chest, and to break it open. It was also stated that the Steward prevented the Captain from dragging Jelly out. Various threats were made use of to induce the Surgeon to quit his berth. Subsequently he was induced by the officers to go on deck, and was never afterwards permitted to return to occupy his berth, or to take his meals at the cabin table, but was forced to live among the sailors, and to eat on deck such food as he could get. In answer to some questions by Mr Murphy, he said he signed Articles in-London as Surgeon, and being considered as an officer of the ship, he was entitled to a share of the produce of the voyage, which, of course, he would forfeit, if he left the ship without permission. He knew nothing of the duties of a seaman. The Articles did not require him to go to the mast head, and he never understood it to be his duty. He did it, however, before the quarrel, but refused to do it then, though ordered to do so. He had not been within the reach of Magistrates since the affair, till now. William Smart, Steward, could not swear to dates. He said he had heard the Captain threaten to turn Jelly out, who declared he would not go unless carried; he also said that he was ordered to break Jelly's chest open; the Captain might have been somewhat overheated at the time; as he kept no journal he could not recollect much of what took place; he was ordered to fetch pistols, but there was no danger of mischief from them as there were no balls fit for them; he did not fetch them; he never heard the Captain threaten personal violence, and never saw any used, but the officers were ordered to get Jelly out of the berth; the officers who were present persuaded the Captain to return to the after cabin; he thought Jelly slept in his own cabin that night, and that he saw him leave it in the morning; the cause of the Captain's dislike to Jelly was, that he detected him writing in his private log-book respecting his (the Captain's) affairs. [Again being closely questioned, witness said he would swear positively that the Captain did not attempt to take Jelly by the throat]; he came today to give evidence because the Captain ordered it, although he was not summoned, but he had no conversation with the Captain on the affair; he did not feel partial to either side. Being cross-examined he again said, that the quarrel was attributable to the affair of the log-book; previously the Captain had made Jelly his companion; he never considered Jelly's life in danger; he did not think that Jelly's conduct towards the Captain had been so respectful as that of the other officers had been. The next witness called was Edward Baker, chief officer, who stated, that he was at supper in the cabin when the Captain gently pushed Jelly's elbow off the table; Jelly was ordered out of the cabin; no violence was used; the steward was in the pantry; the door was ordered to be broken; he did not think the Captain's order was justifiable; he himself used persuasion; he did not hear any order for pistols; the Captain was not very violent; witness persuaded Mr Jelly to go up stairs, and also persuaded the Captain to go; he declared he would not; heard nothing of pistols; witness did not give the order to the cabin boy, nor did he go into the after cabin; he sat down with the Captain and staid the whole time; he was quite positive as to this fact; if he went at all it was on deck, but he had no recollection of it; he did not touch pistols; witness had a conversation some time after with Jelly, but recollected nothing but advising peace and quietness; could not call to mind that he said the Captain threatened Jelly with violence; he said he thought he might break open the door; he thought Jelly slept in the sail cabin; the fourth mate slept with him; he never heard any thing disrespectful to the Captain said by Jelly; he did not see the steward prevent the Captain from doing violence; could not swear whether he would or would not have done violence; recollects no bad language on the part of Jelly in the presence of Mrs B.; the steward was shipped in London; witness had never been asked a question. Cross-examined - saw no violence, assault, or pistol on the occasion; never considered the Surgeon's life in danger; part of the time he was in bed; in our ships it is customary to order officers out of the cabin when they displease; witness never sailed but with Captain B.; did not recollect desiring the Captain not to send Jelly out of the cabin; the Captain and Jelly had a quarrel in this Port; Mr J, did not go to the mast head after this affair, but he did before; the boy was ordered to fetch the carpenter and tell him to bring a hammer. Mr C. Brewer said he would call no further witnesses, as it must be evident that they did not give their testimony willingly. For the defence Mr Whitaker contended, that the evidence went fully to shew, that Jelly's life was never in danger from violence on the part of the Captain, and that on all other points the evidence was irrelevant. He left the matter now to the decision of the Court. The case was afterwards deferred till Saturday, when it was compromised by the consent of the Magistrates. |