Colonial Cases
Deaths at Sea
The Observer, 7 July 1793
A son of Sir Hector Munro was killed by a tyger on his passage from India. The young gentleman went ashore with a watering party on an island at which they touched, and was reclining with his companions under some trees, when the tyger sprang from an adjoining thicket, and seizing him in his mouth, tore out his heart.
The Observer, 27 June 1802
A [?????] man who came passenger in the Anna, from Bengal, cut his throat with a razor, on board that vessel, as soon as she arrived in sight of Brighton, on Tuesday last. It appeared that the loss of an amiable wife in India, had affected his intellects. He had four children with him, who were landed a few hours after he expired.
Cambrian, 20 November 1813
The ship Draper has arrived at Milford: she shipped a sea on Friday night to the westward of the Smalls, and lost two men. - She had, at one time, three feet and a half in her hold.
Cambrian, 9 October 1813
We regret to announce the loss if the Hinchinbrook packet, Capt. James, on her homeward passage from the West Indies. She sailed from Jamaica on the 19th of July, and six days after was wrecked on Watland Island. The crew were all saved, with the exception of Mr. H. Thomas, the surgeon; but the mail was lost.
Cambrian, 4 September 1813.
DEATHS AT SEA.
Bow-street. - In consequence of the application of certain Lascar on Monday, the Second Mate of a country ship, from the East Indies, was last week brought in custody by Pearkes, one of the officers who apprehended him, on a charge of having been guilty of the wilful murder of none of the Lascars, on board the shop, near Calcutta. After being examined before Mr. Read, he was committed for further examination. Since the above a second examination has taken place, and unequalled acts of cruelty have been sufficiently proved against the prisoner, and other officers, by means of an interpreter, as induced the magistrate to commit him for trial. The murdered man was kicked overboard by the prisoner, upon the Lascars expressing a wish to have it buried on shore according to their religion; and upon their boatswain, or serang, remonstrating he received a blow from Mr. Brown, chief mate., and received 84 lashes; he was then kept in irons for four days. The captain afterwards gave him 36 more, and likewise flogged his mate. Brown at another time ordered the Portuguese cook to be flogged, who jumped overboard and was drowned. Another lascar received six dozen at twice, in Sauger Roads, and seven dozen at Batavia. The java having been boarded by a King's boat, this unfortunate being gave information where some men were concealed, for which he again received seven dozen, and was kept nine days in irons. Sedan Malony received a blow from Mr. Ballard, boatswain, of which he died; the body was thrown overboard by bathe prisoner and Brown. Many other details were given of acts of cruelty exercised upon this unfortunate crew, 37 of whom deserted, and 25 died during the voyage, owing to the provisions, which is peculiar to their religion, having been destroyed, as well as other acts of cruelty.
Cambrian, 14 September 1816
Horrid Murder.
An account was received yesterday from the mate of the Crelle schooner, arrived off Dover from Smyrna, stating, that on his passage two of the crew nailed him up in his cabin, while they murdered Capt. Johnson, and threw him overboard, wrapped up in the square sail. - That after a considerable confinement he got to speak to the boy, and learned that the two men, of the names of Turner and Smith, had possession of the ship, and were about to murder him (the Mate), whom they had determined to hang; but the boy told him, that himself, and another man of the name of Masson were determined to stand by him, if he (the Mate) would and could attempt to recover the ship. That soon afterwards the Mate was taken upon deck, and had his hands tied, and was made fast to a stantion. That the two mutineers had then possession of about 600 doubloons, which they had taken from the captain's drawers. In the evening they began to quarrel about what should be done with the ship; and the mate contriving to get loose, suddenly seized a musket, which he knew to be loaded, and put it to Smith's ear, while Masson attacked the other, and thus regained possession of the ship, which has passed Dover, on her way to Standgate creek, whence the murderers will be brought in custody to London. ...
HOBART TOWN GAZETTE & SOUTHERN REPORTER (Tasmania), 29 November 1817
The ship Charlotte from Calcutta via Mauritius, having left the latter place the day before the above named vessel [Jeune Ferdinand]. The Charlotte is commanded by Mr. MOFFETT, late chief officer, the master Mr. HENRY COUCHER having died at sea about a fortnight ago. The personal servant of the latter, a Malay boy, is in custody here on charge of administering poison to his master; and the other officers complain of having been dangerously ill from a similar attempt. This vessel brings a general cargo of India goods.
The boy stated above, whose name is DEPPER, this day underwent A strict examination before the deputy Judge Advocate, the Rev. R. Knopwood, A. W. H. Humphrey, And James Gordon, esquires. After hearing a variety of witnesses, which occupied the attention of the Court for nearly six hours, And nothing being Adduced which could in Any degree implicate him As the perpetrator of such a base and heinous transaction as that of poisoning his master, he was discharged.
Cambrian, 4 April 1818
On Wednesday last was committed to Haverfordwest gaol, by A. J. Stokes, Esq. one of his Majesty's Justices of the Peace for the county of Pembroke, W. H. Newton, master of the brigantine William, of Barbadoes, from Liverpool for Pernambuco, charged by the crew with having on the 5th Nov. last, on the passage from Maranham to Liverpool, administered poison to Capt. Rider, late master of that vessel, which caused his death in a few hours afterwards; also with having, at the same time, administered poison to the mate, Bowden, who is expected at Milford in a few days.
Cambrian, 5 December 1818
A brig was towed into Bermuda on the 18th of October, bottom upwards, and when righted it was discovered by her papers that she was the Mary, of Bristol (England) from Wilmington North Carolina, for Demerara, S. Bennett, master. Part of a human body was found.
Cambrian, 15 May 1819
The Amphion brought to England 13 refractory seamen, several of whom had been concerned in forcible taking possession of the Ann, of Liverpool, and murdering the captain.
Cambrian, 4 September 1819
A few days ago the brig William left Liverpool for Newfoundland; when arrived in sight of the Isle of Man, the Captain, J. T. Barton, while on the cabin alone, let off a brace of pistols at his head; the crew, hearing the report, instantly repaired to the cabin, and found that he had shot completely away the part of the skull over the left eye; two pistols were found near him, one of which had flashed in the pan, and was still loaded with gun powder and small shot; he died instantly. The vessel returned to Liverpool on Wednesday, where an inquest was held on the body, and a verdict of Lunacy returned. Disappointed love, we understand, was the cause of this suicide.
Cambrian, 1 January 1820
Melancholy Shipwreck. - Extract of a letter from New Ross, dated the 20th Dec.:- There has been an awful wreck on the Kivors. A fine West Indiaman, very large and valuable, named the Demerara, John M'Lune, master, from Demerara to Liverpool, struck on the night of the 16th, and almost immediately went to pieces. Twenty of her crew were buried in one grave on Saturday, at Cullen's Town, and two more on Sunday - not one saved that we know if! The vessel is totally lost, and the cargo nearly so. [IRL?]
Cambrian, 1 January 1820
The Conway, 28, Capt. Barnard, and Bacchus, 18, Capt. Parkin, have arrived at Plymouth, from the East India station. - The ships Elizabeth and Penniscowles, both belonging to Liverpool, from India, with valuable cargoes, were totally wrecked at the Cape of Good Hope about the 23rd October - crews saved. The second master and two men belonging to the Conway, were lost in assisting one of those ships.
HOBART TOWN GAZETTE & SOUTHERN REPORTER (Tasmania), 15 April 1820.
The Mauritius Gazette of January 29 reports the arrival there of the Tuscan whaler, from London the 5th October, belonging to James Birnie, Esq., of Port Jackson, under the command of her chief officer, Mr. Allen; the commander, Captain Colman, having died at sea from the blow of as whale, after lingering 15 days. The Tuscan is bound for Port Jackson.
1821 Elizabeth Mantanzas
Freeman's Journal, 19 March 1821
From the New York Advertiser, - March 12.
MELANCHOLY SHIPWRECK.
The Elizabeth sailed from, Mantanzas on the 13th of February, with a cargo of coffee, sugar, &c., belonging to the captain and Messrs. White and Sage, passengers. The weather continued pleasant until the 16th, when a sudden and heavy squall came on from W.S.W. at half past 4, A.M. in which the schr. was immediately upset & filled with water. After 3 hours, with the greatest difficulty, they succeeded in cutting away the lanyards, when the vessel righted, but continued under water. They now lashed each other to the fore top mast and fixed it across the quarter rails near the stern, in which situation the sea continued to break over them during 48 hours. To describe the feelings of the sufferers at this periods, language is inadequate. Mr. White from St. John's, Cuba, after remaining twenty hours on the wreck, with no other clothes than his shirt, died in extreme agony. The next day Mr. Francis Sage, of Middletown, Connecticut, died. On the third day the wind began to abate, when the captain and crew, 6 in number, and Mr. Weygent of Pennsylvania, the only remaining passenger, being nearly exhausted, through hunger and fatigue, endeavoured to obtain some water or provisions from the wreck, but after many attempts, could only succeeded in obtaining 7 oranges and a few roots of unripe plantain; the latter having been floating in salt water afforded very little nourishment. An orange was divided into 7 parts, which was equally distributed amongst them every day, and was the only sustenance could be procured. On the 7th day their sufferings increased to such a degree, that death would have been considered by all as a happy release. Their scanty allowance being now exhausted, & no prospect but being buffered by the winds a few days longer, drove them to the verge of despair. On the 9th day their misery was beyond description, their legs and arms were attacked with the most excruciating pains - and broke out in every direction with ulcerated sores - their speech failed and a continuous tremor pervaded the whole system.
On the 10th day Mr. C. Weygent, after enduring unparalleled sufferings, expired - his fingers having become numb, he had eaten them off to the second joint. On the 11th day, about day break, a vessel was discovered, standing towards them, the wind was blowing a gale; it was the brig Statira, Captain Patten, from New Orleans bound to New York, who with the utmost difficulty, and at the imminent risk of his life, succeeded in rescuing the sufferers from the wreck, and to whose liberality and unbounded humanity, they feel the greatest obligations. The Capt. is now in the most helpless situation, the whole of his property was in the vessel and cargo, and when taken off from the wreck he had neither coat, hat, stockings, or shoes. - And to add is possible to human suffering, he learned that the whole of his family consisting of his wife and two children, had died about two weeks previous to his arrival.
HOBART TOWN GAZETTE & VDL ADVERTISER, 15 November 1823 (Tasmania)
In latitude 42' South, off the Island of St. Paul's, the brig Belinda experienced a most tremendous gale of wind, in which she lost both her masts, all the boats on deck, and the caboose. Two seamen and a boy, named John Grunner, William Ramsay, and Joseph Noel, were washed overboard at the same time, and unfortunately drowned. ...
HOBART TOWN GAZETTE & VDL ADVERTISER, 19 July 1823 (Tasmania)
SHIP NEWS.
On Thursday the King George whaler, Captain Charles Bryant, from England, lastly from the Cape, in ballast, put into Storm Bay Passage, to join the Thalia, in the whaling season here.
...
While the King George was on her way hither from the Cape, a whale hove in sight, which one of her boats succeeded in taking; but being fastened to the animal at the time, it was unfortunately taken down with the whale, which sunk soon after it was killed; and the third officer, Mr. Thomas James, and Samuel Turner, one of the crew, being in the boat, were, we regret to say, unluckily drowned.
HOBART TOWN GAZETTE & VDL ADVERTISER, 19 July 1823 (Tasmania)
SHIP NEWS.
On Thursday the King George whaler, Captain Charles Bryant, from England, lastly from the Cape, in ballast, put into Storm Bay Passage, to join the Thalia, in the whaling season here.
...
While the King George was on her way hither from the cape, a whale hove in sight, which one of her boats succeeded in taking; but being fastened to the animal at the time, it was unfortunately taken down with the whale, which sunk soon after it was killed; and the third officer, Mr. Thomas James, and Samuel Turner, one of the crew, being in the boat, were, we regret to say, unluckily drowned.
The Cambrian, 21 October 1826 Death at Sea
LOSS OF HIS MAJESTY'S SCHOONER MAGPIE. - The Dartmouth frigate, which arrived at Portsmouth on Thursday last, brings an account of the loss of his Majesty's Schooner Magpie, Lieut. Edw. Smith, seven leagues from Saddle Hill, off the south end of Cuba, on Saturday evening, the 27th of August.
It appears from the narrative of Mr. Chas. M'Lean, one of the survivors, that on the above-named evening she was cruising off the coast of Cuba, and running for Cape Antonio (having had intimation of a piratical vessel being there), was overtaken with s heavy squall (all sails by this time being shortened, except the reefed foretopsail and stay foresail) off the Saddle Hill - she filled, and went down in about ten seconds after the squall took place, leaving only on the surface of the water, besides some trifling things, a small boat filled with water, to which nine persons clung, among whom were Lieut. Smith (the commander of the vessel); Mr. M'Lean, mate; and Mr. Meldrum, gunner's mate - the two latter are the only survivors.
Nothing can equal the deplorable situation of these persons, who clung to the gun whale during the night. In the morning the sharks were very numerous. And came to close as to touch them, which so much intimidated some of the men, that at ten next morning two were drowned, from the boat turning over. Lieut. Smith, after being twice bit by a shark, resigned himself to his fate. - he shook hands with all around him, told the strongest, if he survived, to make his respects to the Admiral, and requested he would serve Meldrum, if in his power. At three, A.M., on the 29th, James Smith and Robert Wilson became delirious; they both swam from the boat and went down, leaving only Mr. M'Lean and Meldrum.
At day-light, they observed a brig standing towards them, and about six o'clock were picked up of the Pan of Matanzas, by the brig Aspasia, of Baltimore, after having been drifted by the current nearly 70 miles, and being 32 hours exposed, completely naked, in a swamped boat, to the sun by day and the dews falling very heavy by night, which, in my opinion, was the cause of the delirium which ensued. Nothing van exceed the kindness and humanity with which we were treated by the Captain of this vessel, who, next morning, at six o'clock, put us on board the brig Laurel, of Liverpool, who brought us in to Havannah, and by two o'clock on the same day, we were on board the Pylades.
The names of the sufferers are: Lieutenant Edward Smith, Commander; Mr. S. Ross, Mate; Mr. Alexander Wood, Assistant Surgeon; William Bartlett, Stephen Whitlock, John Lauren, John Ruby, William Wilkinson, ----- Ackerman, John Rodgers, John Smith, ------ Brennan, William Jackson, George Screwton, George Thompson, Robert Wilson, John Carr, James Smith (1) (four able seamen lent from H.S. Pylades) Serjeant Cheetham, Timothy Babb, William Coleby, John Parker, William Gay, William Fovey, Marines.
The Cambrian, 22 April 1826 Deaths at Sea
MELANCHOLY ACCIDENT. - The small boat Maria, Capt. Whitney, from St. Kitts to Antigua, unfortunately ran on Sandy Island, a few miles to the northward of St. John's, Antigua, in the night of the 27th Feb. and was totally lost, with every person on board, except the mate, who was providentially saved in the boat, being picked up near St. Kitts two days afterward. He says that he heard the most appalling cries of distress for some minutes after he got into the boat. There happened, unfortunately, to be several passengers on board, principally the Methodist Missionaries, and their families, from St. Kitts, having met there on their annual convocation. The following are the names of the unfortunate passengers:- Rev.. T. Truscott, his wife and child; Rev. Wm. Oke; Rev. Mr. White, his wife and three children; Rev. Daniel Helloer, who has left a widow and five children at Antigua; Rev. John Jones and his wife; two coloured female servants; two gentlemen from St. Thomas's, named unknown; Captain Whitney, and a crew of seven persons.
COLONIAL TIMES AND TASMANIAN ADVERTISER, 13 July 1827
We regret to find, that four duels took place among the passengers per the ship Harvey, during her voyage; one of which, we are sorry to state, ended fatally. The survivor was tried before a Court of Criminal Jurisdiction at the Cape, and was acquitted.
The Cambrian, 15 March 1828 Death at Sea
Mr. Conway, the tragedian, who went from this country to America a few years since, threw himself (24th Jan.) into the sea, whilst on his voyage from New York to Savannah, and was drowned.
Carmarthen Journal, 28 March 1828 Death at Sea
Henry Thurtell (the brother of John Thurtell, the murderer of Weare) who went out, last year, as Master-at-Arms, in the Atlas East Indiaman, fell overboard, and was drowned, while the vessel was lying in the river at Canton, in the early part of October last.
HOBART TOWN GAZETTE & VDL ADVERTISER, 22 April 1825
SUPREME COURT.
Crowther v. Carns. [Cairns.]
COLONIAL TIMES & TASMANIAN ADVERTISER, 1 June 1827
SHIP NEWS.
Sailed on Saturday last the ship Cumberland, Captain Cairns, for England direct, with a full cargo of Colonial produce, ... besides the original cargo shipped at Sydney. - Passengers, Mr. W. Emmett and two children, Mr. H. Walker, surgeon, R.N., Mr. Commissary Clements, Mr. W. O. Vallance, Peter Robinson, and ---- Mead.
SYDNEY GAZETTE & NSW ADVERTISER, 27 July 1827
Court of Vice-Admiralty.
JULY 25, 1827.
Before the Honorable FRANCIS FORBES, Judge of the Vice-Admiralty of New South Wales.
Sims and Foster v. the ship Cumberland, Robert cairns, Master.
This was a suit preferred by the plaintiffs, who were late seamen on board the ship Cumberland, against the defendant, who is Master of that ship, for wages.
The plaintiffs, on their arrival in this Colony from England, entered into His Majesty's service, on board a man-of-war, in consequence of which the defendant refused to pay them wages for the time they had been in his employ, alleging a breach of their contract against them. They having stipulated for the voyage outward and home again, and not to demand their wages, or any part thereof, until the ship's return to the port of London. After hearing evidence, HIS HONOR pronounced the following judgment on the case:
BY THE COURT - By the maritime law, it is a principle that the payment of the wages of the seamen shall depend upon the earning of freight by the ship. According to this general principle, the present applicants would be entitled to their wages up to the discharge of the outward cargo in this port.
The question then is raised whether this general principle of maritime law has been so far altered by the provisions of our municipal code, as to affect its application to the case before me. The policy of our Legislature has been to ensure the return of British seamen to their Country, and with that in view it has restrained the payment of wages on foreign ports, and pointed out the form in which every contract of hiring between the Master and the seamen shall be drawn up. By this contract the seamen stipulate to perform a voyage outward and home again, and not to demand their wages, or any part thereof, until the ship's return to port. In the ordinary course of things, this stipulation would be conclusive against the present demand; for, by the express terms of their own contract, the complainants have precluded themselves from demanding their wages, until the return of the ship to the port of London.
But an important circumstance has taken place in this port - the complainants having entered into His Majesty's service; and that, it is contended, outs an end to the contract between the Master and the complainants, and protects them, by the provisions of the statute, from the usual consequences of forfeiture for quitting the ship. This is not denied, and the only question then is, whether they are entitled to recover their wages before the ship's arrival at her port of discharge, and up to what period.
I at first entertained doubts whether, by the terms of the contract, any wages could be recovered until the arrival of the ship in London. Had the applicants remained with the ship, they could not have demanded their wages before the completion of the voyage, and their quitting the ship should not place them in a better condition than they would have been on, had they remained and fulfilled their contract.
But I incline to think, upon mature consideration, that the form of the contract directed by the statute must be taken altogether, and that such part as restrains the demand of wages to the ship's return, must be construed, in conjunction with the tenor of the whole articles which go to enforce the continuance of the seamen in the service of the ship, until her ultimate arrival at the port of discharge, and suppose their actual return with such ship, I do not think it was intended to apply in cases of impressments or entry into His Majesty's service; by the circumstance of such entry or impressment, the contract of such persons with the Master is completely at an end - they become disunited from the ship - they have no longer any interest in the voyage - and as, under every reasonable probability, they would not be present at the arrival of the ship at her ultimate port, they would lose the best security for the payment of their wages, the body of the ship itself.
I regret that I cannot find any case decided which embraces the point at issue. There is an anonymous case referred to in 2 Campbell's Reports, N.P. 320, something like the present; but the wages due for the first part of the voyage were paid into Court, and the point was not touched. I must therefore meet it upon general principles.
I am of opinion, that, taking the whole of the provisions of the statute and the articles together, they do not apply to the case of seamen entering into His Majesty's service; that, by the last part of such entry, the contract was at an end; and that such seamen became entitled to a proportion of their wages, in the nature of a quantum meruit, for the services performed out of such freight as may have been earned. In this case the outward freight to this country has been paid. I therefore order, that the wages of the present complainants, calculating such wages to the time of the ship's delivery of her outward cargo, be paid to them.
SYDNEY GAZETTE & NSW ADVERTISER, 22 August 1828
NEWS OF THE SHIP CUMBERLAND.
The following extract of a letter, written on the 12th instant, at Hobart Town, from a Gentleman to his friend in Sydney, with which we have been obligingly furnished, throws considerable light on the fate of poor captain Cairns, and his unfortunate ship:-
When the Bengal Merchant was at Rio, the Clorinda, Captain Crew, from London, came in, the Captain of which reported, that in lat. 3 deg. N. he was boarded by a pirate brig, (from the description I think it was the same as paid [Mood?] a visit. Captain Crew was taken on board the brig, and lashed to a bolt in the deck, while his ship was robbed of a large quantity of goods. While in this situation he observed two buckets on the brig's deck, on which had been painted "Cumberland;" an attempt had been made to obliterate it, but it appeared quite legible, so that it is more than probable that this ship had been taken, and her unfortunate crew and passengers murdered by those savages. A council of war was then held, whether Captain Crew and his crew should be murdered, and the ship scuttled, or allow them to proceed; the Captain was for the latter proposal; two of the crew, however, insisted that they should walk the plank, when the Captain drew two pistols from his belt, and shot them dead on the spot; Captain Crew was then released, and desired to proceed on his voyage.
Such is the statement I have just received from a gentleman, who tells me he had it from Captain [Duthie?], of the Bengal Merchant (currently here in the Sir Charles Forbes). I do not vouch for any part of it, but I am afraid that poor cairns, and his unfortunate crew and passengers, have been savagely butchered.
The brig Columba, from Glasgow, for this place and Sydney, was at Rio when the Bengal Merchant left.
COLONIAL TIMES, 9 January 1829
SUPREME COURT.
LAUNCESTON, JANUARY 5, 1829.
This day the Civil Court held its first Sittings at this place. ...
Birrell v. Fereday, Sheriff.
This cause, which excited considerable interest, was brought for the purpose of recovering the value of two boats and other property, belonging to the plaintiff, seized under a writ of Fiere Facias, issued by Mr. WILLIAM EMMETT (who was a passenger in the unfortunate Cumberland) in May, 1827, against Mr. CHARLTON. The facts of the plaintiff's case were most clearly and luminously stated by the Solicitor-General, ALFRED STEPHEN, Esq.; and, after a trial of ten hours, a verdict was returned for the plaintiff of 155 Pounds, being the value of the property seized and sold by the Sheriff.
COLONIAL TIMES, 2 January 1829 (Tasmania)
In addition to the intelligence received by the Roslyn Castle respecting the late atrocious piracies, it appears that some of the prisoners secured at Cadiz had confessed to the plunder of the ship Cumberland, off the Falklands Islands, and the general murder (horrible to be told) of all the passengers and crew.
It is likely, therefore, that the accounts of the buckets being seen on board the pirate by Captain Carew and others were correct, as well as of the hull being seen afloat dismasted off the River Plate. The English subjects that were found among the crew of the schooner at Cadiz were taken to Gibraltar and have been executed. It is known, however, that there are no less than three piratical vessels on the seas committing outrages on merchant vessels, and the Lang, after the example of most other ships, did not sail without being properly armed, under a license taken out for that purpose.
An account by the Lang states, that after a sharp action with a King's ship, off the cape, a piratical vessel was captured and carried into Gibraltar. Some of the crew confessed being party to the murders on board the unfortunate Cumberland, and several were executed.
HOBART TOWN COURIER, 3 January 1829
We were misinformed as to the number of the pirates taken at Cadiz, about to be sent to England - one of them only we understand is to be given up to the British authorities, and he is a native of Guernsey. Seven of these miscreants have been already hanged at Cadiz. The number of pirates altogether belonging to the schooner was upwards of 70. - Morning Herald.
The following are the names of the unfortunate passengers by the Cumberland: - Mr. W. Emmett and two children; Mr. H. Walker, (Surgeon), R.N. Mr. Commissary Clements, Mr. W. O. Vallance, Peter Robinson, and Mr. Mead.
SYDNEY GAZETTE & NSW ADVERTISER, 20 January 1829
As above; extra details on Mr. Clements.
HOBART TOWN COURIER, 24 July 1830
The pirates who committed the depredations on the British vessel Morning Star, Gibbs, from Ceylon to London on the 19th February 1828, off the island of Ascension, and believed also to have been concerned in the fate of the unfortunate ship Cumberland, Capt. Cairns, from this place, were tried for the former offence and executed at Gibraltar in the end of January last. Ten of the pirates of the Brazilian brig Defensor de Pedro, were executed at Cadiz on the 12th of January, and 5 others (Portuguese) were condemned to the galleys for 8 and 10 years.
The Cambrian, 7 June 1828 Death at Sea
At sea, on the 30th April, Horatio Paget, Midshipman of his Majesty's hip Talbot, and third son of Rear Admiral the Hon. Sir Charles Paget.
Carmarthen Journal, 4 July 1828
MELANCHOLY CATASTROPHE. - An event without a parallel of marine misfortune occurred on board the brig Mary Russell, of this port, commanded by a person of the name of Stewart, which arrived on Thursday in Cove harbour, from Barbadoes. . . . {Also Cambrian, 7 July].
Carmarthen Journal, 11 July 1828
COMMITTAL OF CAPTAIN STEWART, LATE OF THE MARY RUSSELL.
The Cambrian, 23 August 1828
TRIAL FOR MURDER ON THE HIGH SEAS. - On Monday Stewart, the commander of a trading vessel called the Mary Russell, was tried at Cork, for the murder of a passenger and several of the sailors, who unfortunately sailed with the diabolical wretch in his shoo, from the West Indies. . . . . the following verdict was finally recorded:- Not Guilty, because we believe the prisoner was labouring under mental derangement when he committer the act. - The Lord Chief Baron then directed that the prisoner should be conveyed back to gaol, to remain there until further orders, and it is to be hoped for life. - If a few such madmen were hanged, however, we suspect these bloody freaks of insanity would more rarely occur.
Carmarthen Journal, 26 September 1828
CAPT. STEWART. - We understand that an order has been received to transit this unfortunate individual to the Lunatic Asylum at Dublin, there to be confined for life. - Cork Paper.
HOBART TOWN COURIER, 15 November 1828 (Tasmania)
An inquest was held at Cork on the 3d of June, on the bodies of Captain [Raynes?], a passenger from Barbadoes in the ship Mary Russell, and six of the crew of the same ship, who were barbarously murdered at sea by the master of the vessel, Captain Stewart. Stewart had become insane, and after tying the hands and feet of his unfortunate victims, put them cruelly to death by beating out their brains with an iron crow bar. Verdict - that the several sailors and passenger were killed by the hands of Captain Stewart, being then and for several days in a state of mental derangement.
HOBART TOWN COURIER, 31 January 1829 (Tasmania)
Captain Stewart, who was lately tried at Cork for having murdered the greater part of his crew, is ordered to be confined in the Lunatic Asylum, Dublin, for life.
http://ied.dippam.ac.uk/records/27801 [ACCESSED 14 June 2013]
The affair of the Mary Russell was at the time described in the Belfast press as "an event without parallel in the annals of maritime misfortune." This description was not in the least exaggerated. The dreadful story has a certain amount of local interest owing to the fact that her captain belonged to Londonderry and that the captain of a Belfast brig also plays ba principal part.
The brig Mary Russell belonged to Cork. On May 9, 1828, she sailed from the island of Barbadoes with a cargo consisting of hogsheads of sugar and bales of hides. Her master was Wm. [William?] Stewart, a native of Derry, and her crew consisted of a mate and seven men, two of whom were muleteers working their passage. There were also three apprentices, aged respectively 15, 13, and 12 years. Also on board were a young boy passenger and a man named Raynes, who was described as a "naval gentleman."
All went well at first, but as the days went on the master began to act in a peculiar manner; the truth was he was a dangerous lunatic, but as yet no one suspected it. First he had a delusion that a mutiny was brewing on board and that Raynes was the ringleader. Raynes, it appears, was very friendly with the crew. He spent a lot of time forward, and often conversed with them in Gaelic, a language that the captain did not understand. The mate also incurred his suspicion, and he ordered him out of his cabin and made him sleep in the half-deck. One day he charged Raynes with plotting mutiny, and when the charge was denied he ordered one of the boys to throw all the charts and navigating instruments overboard. He also destroyed the log-book and told the mate that he was to make no further reckoning. His idea was that this would prevent the mutiny coming to a head, as he was the only one on board who would have any knowledge of the ship's position, as he had already stowed away sufficient charts and instruments for his own use.
CAPTAIN'S PISTOLS.
Death Threat to Mate.
Some days later the Mary Russell spoke to the Mary Harriet, bound from New York to Liverpool. Both vessels hove to, and Captain Stewart went on board and returned with a pair of pistols. On the night of June 13 the mate came into the cabin for an implement to trim the binnacle light, and on leaving made a noise that awoke the captain. Next morning,while the mate was asleep, the captain came along, woke him, and told him that if he had found him forward with the crew he would have him put to death as a mutineer. The mate presumably resented such language, and there were probably words between them. In any case the captain threatened the mate with a harpoon and ordered some of the men standing by to seize him. This the men refused to do and walked away.
Here was mutiny in earnest, the men had actually refused to obey his orders. The mate went below, and two or three of the men went with him and, thinking to appease the captain, they advised the mate to let the captain make him prisoner, and, unfortunately, the mate agreed to take this line of action. The captain had him bound, and he was carried below and put in the lazarette, where he lay for three days, and in that time was given only one meal. The lazarette was a store room in a sailing ship situated under the cabin, and was usually entered through a trap door in the deck or floor. In the madman's brain was now conceived the amazing plan of making every member of the crew a prisoner and with the assistance of the boys bringing the ship into port himself. The brig was now about 400 miles W.S.W. of Cape Clear, going along with a fair wind and fine weather. On Saturday, June 21, the captain commenced to shorten her down, and when the men were aloft he got the boys into the cabin and told them of his plan. He said that if they assisted him they would get 100 guineas each, and that he himself would get Å7,000 or bÅ8,000 from Lloyd's and would also probably get command bof the largest ship out of London. The boys agreed to help, and one of them was sent forward to tell one of the men that he was wanted in the cabin by the captain.
WAITING WITH PISTOL.
How Crew Was Bound.
The cabin was entered by an almost vertical ladder, and the man after descending found the captain standing with a pistol pointing towards him. Two of the boys came forward, and he allowed himself to be bound. In this way, one at a time, six of the seamen were secured. There were now only two left. The seventh man may have had his suspicions aroused, for when he was halfway down the ladder he looked round. When he saw the captain with the pistol in his hand he didn't wait to discuss matters, but made a bolt for the deck. The captain let go both pistols, but fortunately they both misfired, and the man escaped forward and joined his companion in the forecastle. It is hardly credible that, although these men were safe enough in a sunk forecastle,
where he could not get a shot at them, the captain actually talked them into coming out and agreed to be bound by the boys.
Next morning, Sunday, a bright ides entered the madman's brain. He secured some staples and drove them into the cabin deck at the heads and feet of each of the prisoners, and then with a length of rope to these staples he lashed each prisoner. Next he went forward to see how his other two prisoners were getting along, and was profoundly shocked to find that one of them had managed to free himself. When this man refused to allow himself to be again bound the captain fired two or three shots at him and, although not seriously wounded, he fell down and pretended to be dead. A few moments afterwards a sail hove in sight and, although distress signals were exhibited, the stranger sheered off, probably being suspicious of a trap on seeing a ship going along with a fair wind under shortened canvas. The captain turned his attention to the man he had shot, intending to throw him overboard, and was cute enough to notice that the supposed dead man had moved his position. He again fired at him, and the bullet entered his leg. The man got to his feet. Armed with a harpoon and axes,the captain and the boys attacked him. A terrible fight ensued.
GRIM STRUGGLE.
Struck with an Axe.
He rushed the captain, knocked him down, and took the pistol from him, but before he could do anything more he was struck on the head with an axe by one of the boys. Covered with blood, he managed to get away and hide himself in the fore hold. That afternoon another ship hove in sight. They were now getting among shipping. This vessel also sheered off and refused to have anything to do with this suspicious looking craft. This seemed to drive the madman to distraction. Followed by the boys and armed with a crowbar, he butchered every one of the seamen that were lying lashed to the cabin deck. Below him in the lazarette the mate was lying, and he was next to be dealt with. In the cabin deck or floor there was a hole for ventilation, and through this hole with a harpoon the captain attacked the mate, who was lying bound underneath.Although severely wounded, the mate managed to roll out of range of the harpoon. Beneath him were bundles of hides, and the madman kept jabbing at these until he felt sure that his victim had been despatched.
The mate afterwards managed to get clear of his bonds. He then broke through the wood bulkhead and joined the other wounded man in the fore hold. Apparently quite satisfied, the captain now lay down and fell asleep, but was awakened by hearing a voice hail the Mary Russell. He rushed up on deck, and a ship was hove to quite close by. The stranger asked the captain what was the matter, and he was told by Captain Stewart that there had been a mutiny
on board, that eight of the mutineers were dead, and that one had escaped. One account says that the stranger was the Belfast brig Mary Stubbs, and another that she was an American vessel, the Mary Stubbs, bound from Barbadoes to Belfast. The stranger lowered a boat, and her captain (Callender) came on board, and, needless to say, he was horrified by what he saw. He then went along with Captain Stewart to search for the man that had escaped to the hold, and Captain Callender persuaded the man to come on deck. To the consternation of Captain Stewart up came his mate also. These two wounded men were in such a condition that they were sent on board the Mary Stubbs, from which two seamen were transferred to the Mary Russell to help the captain and the boys to navigate her. Both vessels now proceeded on their way towards Cork. Two days afterwards, on the 25th, Captain Callender again visited the Mary Russell, and he was no sooner on board than Captain Stewart began to tell him that the two seamen he had sent on board were also plotting to murder him. It was only then that Captain Callender for the first time began to realise that Stewart as a madman. The men that he had sent on board the Mary Russell refused to stay any longer, and to get them to carry on Captain Stewart was induced to return with Captain Callender to the Mary Stubbs.
The ships were now approaching land, and twice Stewart jumped overboard. On the first occasion he was rescued,and on the second was picked up by a hooker. He convinced the skipper of third craft that his life had been attempted on board the Mary Russell, with the result that the hooker cleared off with Captain Stewart on board and brought him into Cork.
As soon as Captain Callender arrived he lodged an information, and a warrant was issued for the arrest of Stewart. On June 28, 1828, an inquest was held, and the bodies of the murdered seamen were inspected by the jury just as Captain Stewart had left them. The cabin was a shambles,, with the bodies, some of them horribly mutilated, lashed to the deck.
TRIED FOR MURDER.
Sent to an Asylum.
At the inquest Captain Callender told his part of the story much as it is told here. Two of the boys, Henry Richards, aged 12, and Dan Scully, aged 14, were the most important witnesses. The jury found that the several sailors and passengers were killed by Captain Stewart, he being then and for some time previously in a state of mental derangement. He was afterwards tried on the capital charge, but was acquitted on the grounds of insanity and ordered to be confined in a lunatic asylum for life. No mention is made of Captain Stewart's age. After being detained in the asylum for seven years he was released in July, 1835. In February, 1834, the Mary Russell went ashore near Yarmouth and became a total wreck.
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