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THE MURDER IN THE ROADSTEAD.
On Monday, July 28, Mr. E. J. Peake, S.M., held an inquest at Fort Adelaide upon the body of Charles Alfred Withecombe, master of the barque Tongoy, who died on July
zbth, from injuries reserved on board the vessel. The following was the Jury:— Hugh Quin, William Quin, William Beattie, Charles Bains, Thomas Eve, Charles John Butler, George Hills, Thomas Michelmore, John Anthony, Bonham Evans, Alfred Scarfe, John Westover, and John Hawkes. Mr. Beattie was appointed Foreman. The Jury proceeded to view the body, which was lying in the deadhouse. The deceased appeared to have been aged about 30 years. There was a dread ful gash across his face, and his head was coTered with blood, which was still oozing from the nostrils. On reassembling the following prisoners, who had been in custody on the charge that they 'did at the Lighthouse anchorage feloniously, wilfully, and of their malicious aforethought, kill and'murder one Charles Alfred Withecombe, master of the said vessel, July 26, 1873,' were brought in:— Joseph Adams, age 18 years, steward; Thomas McLean, ago 21, seaman; William Edgar, age 25, seaman ; and Benjamin Rebbeck, age 22, seaman. Although' it was arranged that the enquiry ehould take place at 11 o'clock a.m. it was after I 12.30 p.m. before any evidence was taken. The J delay in the first instance was caused by a lengthy case in the Police Court, and afterwards by the non-arrival for a considerable time of the Magjs- j trate at the Town Hall, to which place the in quefct was adjourned from the Courfc-House. [ after tLe Jury had been sworn in and viewed ; ^Ser'eant Doyle stated that before Dr. Gething cave any evidence he would like to make a post mortem examination of the body of deceased. The Magistrate therefore ordered that a post mortem examination should be made. The Coroner said that the Jury would now hear what evidence the Sergeant of Police was prepared to otfer. He begged of the Jury their calm and patient attention to and consideration of the facts and circumstances that would be put before them by the various witnesses. He had just ordered Dr. Gething to make a post-mortem examination, which would make his evidence more complete as to the cause of the man's death. . William Bruee Ferguson, chief officer of the ship Tomboy, deposed — Charles Alfred Withecombe, whose body is now lying in the deadhouae, was master of the Tougoy. The ship is now lying in the roadstead. She was anchored there on Satur day night, the 26tb instant. I was on board all day. The captain went on shore in the morning. He returned at 5 o'clock. I was present when he came on board. After he came on board he went to the cabin. The four prisoners were men belonging to the ship. They were on board when the captain came. When the captain went to the cabin I remained on deck, lue men came to the front of the poop on the main deck, and said to me thwy wanted to see the captain. Prisoner Adams made that request. The names of the men who came to me are Joseph Adams, Thomas McLean, William Edgar and Benjamin Rebbeck. It was about five minutes past 7 or 7 o'clock when they came to me. I called for the captain to come on deck. He did so. He walked fore and aft on the poop for a bit. I said, when he came on deck, ' The men want to see you.' I cannot say whether the men spoke to the captain first, or the captain to the men. The prisoners asked the captain what he was going to do with them, and he said, ' I will tell you on Monday moniing.' The prisoners had then got on to the poop, and were standing around the captain. When he said that ho would tell them on Monday the prisoners said they wanted a decided answer. He repeated the same words, ' I will tell you on Monday morning.' The prisoners were all standing close around the captain when he spoke those words. I cannot say which was nearest. Adams stepped out from the others towards tho cap tain, and struck him a blow across the mouth. I could not see what Adams struck tho captain with. It was half-past 7 o'clock, and dark. I was about six feet from the captain when the blow was struck. I had a good view of tho captain. When the captain was struck h-j fell instantly upon the deck. Tho weapon fell out of Adams's hand on to tho deck after he struck the blow, and ho picked it up at once and threw it overboard. I was close to Adams when he threw it over. I was in the act of Eeizing him. It was too dark to form any judgment of what it was. When Adams struck the captain he sjiid, ' You son of a b— , take that.' Adams did not say anything more, but went forward, as I ordered him, with the other three prisoners. The other men made no remark after the blow was struck. Only one blow was struck. Neither of the other prisoners attempted tu strike the captain before Adams did so. By the Coroner — Before the blow was struck the men all joined Adams in asking what the captain was icoing to do with them, and tho reply he made wits a general answer to them. I did not hear any threats by any of the men. Examination by Sergeant Doyle continued — I carried the master below into his cabin. He was bleedir % heavily from the mouth. He was not sensible. He never spoke. He never recovered his senses. 1 had three of the crew to assist me in carrying tie captain down below. I sent for a doctor inunednitely. The vessel was about two miles from the shore. It was low water. The doctor came off at about quarter-past 10 o'clock. The captain was dead when he came. He died at a quarter-past 9 o'clock. Before the doctor arrived I applied cold water to deceased's face, and held him on the side to keep tke blojd running out of his mouth. The doctor examined the body when he arrive, and said deceased had been dead for some time. I saw him die. 1 remember McLean and Adams being brought on board by the police on Thursday afternoon last. They were brought from the gaol on a warrant of deliverance. The captain was not on board at that time. I asked McLean and Adams to turn to when they came on board. They said, ' Not till we have seen the captain.' They then went forward. They did not see the captain till Friday afternoon. 1 asked them to turn to on Friday morning. They still re fused to do so till they saw the captain. When they saw the captain on Friday evening the four prisoners were together. The prisoners Edgar and Rebbeck had not refused duty up to that time. The only two who spoke to the captain on Friday were McLean and Adams. They asked to go ashore to see a Magistrate, and tho captain refused to allow them. They did not then use threats or insulting language to the captain. On Friday morning after the captain left I heard Adams and McLean call the captain 'son of a bitch.' This was between 8 and 9 o'clock, after breakfast. They did not make^ use of threats to strike him. Tke captain then went away, and everything was quiet till he returned. I remember being in the forecastle on Friday evening with the captain. I heard Adams threaten the captain. He had an empty bottle in his hand, and said he would knock the captain down with it. The captain did not say anything, and did not remain long after this threat was made. The captain heard this threat. I tried to pacify the men. By the Jury— The captain and I when in the forecastle were trying to pacify the men. There had been no disturbance among the men except that some of them wished to go before a Magis trate. On the Saturday night when the men came before the captain 1 was aware of their griev ance— that they wanted to see a Magistrate. Nothing was said to justify mo in thinking that the captain would be murdered. I had no suspicion of such an assault. There were 13 men and boys ali told, including officers, on board before the blow was struck. There were eight in the forecastle. There were no appren tices among them. The men were well treated on the voyage out. They had plenty to eat and drink. Prisoner Adams was treated more as a brother than a seaman. The captain made him steward on the voyage out. The men were all sober, every one of them, on Saturday night The captain waa sober on Saturday. I had no idea what the captain was going to do with the men on Monday. By the prisoner McLean— The captain knew what he was doing when he came into the fore castle with the mate on Friday night.
By the Coroner— He did not say anything harsh or unkind to the men. Prisoner McLean— Did he not run down inU the forecastle drunk with a revolver in his hand ? The captain had called Adams a bastard and a liar, and Adams said he waa a stinking liar. When he came into tho forecastle Adams called attention to his having a revolver in his trousers, and we all saw it, and then Adams lifted the bottle. Adams's grievance was that the captain called him a bastard. By the prisoner Adam3 — I did not see any body else strike the captain. I only saw you hit him once. Prisoner Adams — I hit him twice. There was more than me had a hand in it. Christopher Logs, seaman on board the ship Tongoy, said— I waa onboard on Saturday night last. I remember tho captain coming on board. The boat came alongside about half-past 5 in the evening. Whenthecaptaincameonboardhewont down to his cabin. After he went down I saw the mate, who was on the poop. I was standing on the maindeck, about four or five feet from the poop. I know the prisoners, who were seamen on board our ship. While I was standing on the main deck I saw the prisoners go aft. lhe captain had been below about five minutes when the prisoners went aft They asked the mate to let them see the captain. Prisoners were then on the main deck in front of the poop. I saw tho captain come up on the poop. The prisoners walked up to him. Adams spoke first He asked the captain to let them go ashore to see a Magistrate. The captain told him he would not until they got to Newcastle. The men then went forward and had tea, and the captain went below again. After they had had tea, the four prisoners came aft again. I was then on the main deck about four or five feet from the poop. The mate was on the poop, and Adams said they wanted to see the captain. The mate told the captain, who was below, and he came on deck. The prisoners were then on the main deck, and went on tho poop, and Adams said to the captain, ' What are you going to do with us ?' The captain said, ' Go forward and be quiet, and I will give you a decided answer on Monday morning.' The captain was standing closa to the companion. He made a move to go below — had turned from the prisoners as if to go below. As he was going down Joseph Adams canio forward and struck him. I cannot say what he struck the captain with. I could see the deceased distinctly when Adams struck him. The poop is about two and a half feet or three feet at the most from the main deck. The captain fell instantly he was struck. He fell on tho poop. The men went forward. I do not know what Adams did with the weapon when he struck tho captain. I did not see any of tho other prisoners strike him or attempt to strike him but Adams. I saw Adams go forward. I did not hear him say any thing while going forward. When the captain was struck he did not say any thing, but groaned. I saw something in Adams's hand when he struck tho captain, but it was too dark for me to distinguish what it was. It was not with his fist that ho struck him. When Mr. Forgusson called me I went to assist the captain, and saw no more of the weapon. I remember Adams and McLean being brought on board on Thursday last. They did not turn to. On Friday morning tho mate asked them to turn to, but they refused. They did not assign any reason in my presence. I never heard them make use of any threat to the captain on Friday or Saturday up to tho time of the assault Edgar and Rebbeck had been working until Saturday morning. Did not see them doing anything during the assault. They were on the poop. By the Jury — I was at my tea on tho Saturday in the second cabin. I am boatswain of the ship, and was living aft. It was my duty to be on deck until 8 o'clock. Heard no remark from the men from the timo they were brought on board until the assault. I was in the fore castle when the captain was there. The captain was inclined to put the handcuffs on Adam3 and McLean. He went below for that purpose, but did not do so. Did not see the captain with a revolver in his hand. The captain was not quite sober, but was not drunk. The belaying-pins are some of iron and some wood. None of them have been missed. Tho cook had missed his rolling-pin. It was round. Could not say whether it was light or heavy. Adams had a ' bottle, and threatened if they attempted to put on tho handcuffs they would strike tho captain. I He did not say with what. The captain know I what he was about. I am not aware that any j of the men had belaying-pins or mariingspikes i their own property. I havo been boatswain of the vessel about a fortnight Whilst in the fore castle on the passage out heard of no particular grievance amongst the men to cause bid feeling. Tho captain never spoko after he was struck. I was not present when no died. The remainder of the ship's company were forward when the assault took place. I and two others assisted the mate to carry the captain below. I had ! no reason to think the prisoners had any j determined intention to assault the captain. Robert Gething, M.D., Edin.— I have seen I the body of deceased at tho deadhouse. On Saturday night I was called to see Captain Withecombe, of tho Tongoy, at the anchorage, at 9 o'clock or a little after. Tho messenger stated that the captain had received a violent blow, and had been knocked about the mouth. I went as soon as I could. On my arrival at the cabin ,of the ship I found the captain lying on the table dead. There was a severe wound in the upper lip, but I discovered no external mark of any wound about the head. At your request to-day I have made a post-mortem examination of the body, and have como to tho conclusion that death was caused by suffocation, by blood trickling from the floor of the noso, probably from the lip to the throat. That was tho immediate cause of death probably. On examining tho scalp I found there wore no external marks of any injury ; but on its removal from the skull there were four distinct contusions — ono on the laft temple, one on the top of tho head, and ono on each side of that. On removing the skull itself, there was found to be a large quantity of ex travased blood on the upper surface of tho brain, and also on removing the brain a small portion on the right side of the base. On examining the inner surface of the vault of the skull, it was found fractured from the left temple nearly across, transversely to the opposite side. The origin of this fracture corresponded with the blow on the left temple. These injuries paralyzed the brain, so that it took no cognizance of the blood that was trickling down his throat, and suffocating him. By the Jury— There must have been a distinct blow for each contusion, as thero are defined marks. It must havo been with a blunt instru ment A fall could not have causod any of the contusions, as they wero too high on tho head. The injuries to the brain and skull would cer tainly have caused death ultimately. By prisoner McLean — If the captain had fallen down the companion head first the f roat of his head would have been injured, not the top. By the Coroner— The injuries to the skull were so serious that deceased could not hare been sensible after. By Sergeant Doyle— I should have expected to have seen external marks on the scalp if the wounds had been produced by kicks. A heavy blunt instrument must have been used. By the Jury — I should have expected to have found external marks from a blow with a piece of iron, but not from a heavy blunt piece of wood used with great force. By Sergeant Doyle — I do not think the boots of tho prisoners (which had not toe-plates or nails) would produce the marks. Alexander Adams, able seaman on board the ship Tongoy, said— I was on board tho Tongoy on Saturday night hist. Remember the captain coming on board between 5 and 6 o'clock. Did not see where he went to. Remember being in the galley that evening. Heard the mate sing out for help, and on coming out of the i galley saw Adams coming forward by the galley I from aft Heard him say as he was passing, 'The son of a bitch, I have had my revenge.' I then went aft and assisted the mate to carry the captain below. Did not notice any of the other three prisoners. The mate, two other men,and myself carried tho captain below. Saw nothing of the disturbance on deck. Remomber Adams and McLean being brought on board on Thursday. Have been in their company since. I have heard both of them say that they would have their revenge on tho captain. They said this on Friday evening after the captain had seen them. They made the sa-ns threats on Saturday after the captain came oa
board, and about a quarter of an hour before the disturbance took place. Cannot say who was present besides myself when the threats were used. They did not give any special reason for wanting to have revenge. After taking the captain below I and three others came on shore for the doctor and police. By the Jury— Did not report to tho officers that I heard the threats made. Never heard the four prisoners having any conversation in the forecastle about what they intended to do. By prisoner Rebbeck— I never heard you or Edgar say you would do anything wrong to the captain or mate. James Fiancis, seaman on board the Tonjoy, said— I remember being in the galley with the last witness on Saturday night While there I heard a scuffle, but 1 did not know what it was. The last witness and I came out of the galley at the same time. When I came on deck I did not see any of the prisoners till nearly aft. We saw McLean first ; then the prisoner Adams, who said, ' I have done for him now, the son of a bitch. ; I havo got my revenge.' I then went aft I did not see anything of the disturbance. The captain was lying on the deck, and I assisted to take him below. I remember Adams and McLean being brought on board on Thursday. . I did not hear them use any threat, except when the captain was going ashore on Saturday morning, and while he was in the boat, I heard them abuse him. I remained in the cabin after the captain was taken down till the doctor arrived. He had then been dead about three-quarters of an hour. He seemed at first to be choking. I called the mate, and ho laid him on his side. Some blood came out of his mouth, and I afterwards placed him on his back, thinking ho was all right, and gave him some water, which he swallowed. Afterwards he vomited again, and I lifted him up. He sprang forward as if mad, and fell back in my arms. I did not see him breathe afterwards. By the Jury— I never heard tho other two prisoners, Edgar and Rebbeck, make any threats towards the captain. I was shipped in the colony for the run to Newcastle, New South Wales. Luko Gibney, seaman on board tho Tongoy, deposed — I shipped in Liverpool. I was on board on Saturday night last The prisoners are my shipmates. Before tho captain came on board on Saturday evening I heard a conversa tion between the four prisoners. They said they wished the captain would come on board, a3 they wanted to know what he was going to do with them, and that they would not turn to until they saw the captain. Thi3 conversation was in the forecastle and on deck. All hands were on deck, but it was a straggling conversation, and I do not know who heard it. After the captain came on board the prisoners had a conversation in the main chains, and were still talking about wanting to know what the captain would do with them. The prisonersasked tho captain what he wa3 going to do with them, saying they would not turn to in the ship, and they wanted a decided answer. The captain said, 'I will tell you oa Monday morning.' I do not know what reply the prisoners made. I was amidships, and we all went forward and had tea. After tea either Adams or McLean asked tho cook whether tho captain had done his tea. The cook told them he was writing. The four prisoners consulted. Some of them wanted to go down to the cap tain's cabin, but Rebboek said they had no right to do so. The four prisoners agreed to go aft. I was going out of the forecastle, and walked abaut while they were aft, and till I was called by the captain. They asked the mate if they could see the captain, who camo on deck. They asked him what he was in clined to do with them. The captain Baid, ' I havo told you before I will give you & decided answer on Monday morning.' This went on for some time. I was forward all tho time, and heard the captain say, ' Where is Luke?' which is my name. I wont aft to within about a yard and a half of the poop, and askod him if he wanted mo. Ee askod me if I refused duty. I replied. 'No, Sir.' He called the mate and asked him if I had not refusod duty on Saturday morning. The mate told him he asked me, and I had not come on dock. 1 said that I had told tho mate that I would not man tho windlass without tho full number, as four had refused duty. I heard that he was going to get men on board to weigh tho anchor, and I said I would not assist unless he got a crew, as I was the only one in the forecastle willing to work. I said I did not want to refuse duty, as I wanted to go homo in. the ship. The captain said, *'I will put you all ashore on Monday morning.' The captain was walking away from the prisoners, when they got on the poop, and closed around him, when he turned and said, ' Now, now !' holding up his hand. Ho turned again to go down into his cabin, and was just at the companion when tho prisoner Adams took some weapon from under his coat, saying, 'Am I a bastard?' and struck tho captaia. The deceased fell, and tho mate ran to catch Adams, who then struck tho deceased again when he was down. He only struck him twice. I could see tho blows struck distinctly, but could not see in what part the captain was struck. The mato and. Adams ran aft, and I think that Adams threw something overboard, but I could net see. McLean then struck the captain with his foot when he was down. I cannot say what part he struck him, but ir was above the- breast The other prisoners did not do anything. After seeing McLean kick tho captain I walked for ward ; the prisoners followed. I gathered from the discourse of the prisonors, especially McLean and Adams before they went aft, that they intended to have a row with the captain. I do not remember what they said specially. Their language was not very pointed, but abusive. I kuow the cook's rolling-pin. I saw it under Adams's shirt when he came forward to hava his tea, previous to his assaulting the captain. He took it out from the breast of hi3 shirt, but I do not know where ho put it then. It was about four or live inches in circumference and a foot and a half long. It was quite round and smooth. I havo never had the pin in my hand. I never noticed it par ticularly before. . I have heard it said it was the cook's rolling-pin. There was no unpleasant ness in the forecastle coming out, and I did not hear the prisoners threaten the captain or mate. There was a row between the captain and McLean, and I think the captain had a down on McLean for the best part of the passage. I have heard the captain rail and roar at him. I did not hear the prisoners make any plan to assault the captain, or do him any injury. Edgar and Rebbeck never refused to do duty till Saturday morning. On Friday night McLean and Adams thought the captain was going to put irons on them. He brought the carpenter and boatswain with him. Adams and McLoan said they would not have the irons put on, and they got some bottles, using some threatening language to tho captain. I was lying in my bunk, and Adams said there was a ' shooter' in the captain's pocket There were insulting words used, but no blow3 were struck, and the captain went away. Tho prisoner McLean hero cross-examine 1 the witness as to the kick said to have been given by McLean, trying to ahow that as witness could not, state exactly where the kick was given ho could not state that one was given at all. On witness reiterating his statement, McLean said, 'I cannot say more; I did not kick him.' Prisoner Edgar rose and said, ' I saw McLean kick him.' Witness continued. By prisoner Adams— I saw you strike the captain twice. Prisoner Adams — I did not push between the captain and mate after striking the first blow. I struck Mm twice after tho mate came up, and McLean kicked him. Prisoner Rebbeck here made a statement to the effect that he did not go aft with the inten tion of having a row. The men only said thay wanted an answer as to whether the captaiu would send them ashore. Prisoner Adams— We all came aft with the intention of having a row. Witness to Sergeant Doyle— McLean asked me if I would join them to havo a row with the captain. I do not know whether Edgar and Rebbeck were asked to join. John Smyth, police-constable, deposed— On Saturday last I wont on bsurd the Tongoy with Constables Workman ami RoaJ. Found the captain was dead. Brought tha four prisoners ishore. Was present when they were charged with murdering the captain. I heard Sergeant Doyle caution them. Prisoner Adams asked mo in the yard if it was a fact that the captain waa dead. I told him, ' Yes;' that ho died
before I brought them from the ship. He said nothing in repiy. Jie only sighed. - Thomas Doyle, Sergeant of Police, Baid— On Saturday night, about 35 minutes past 9 o'clock, Alexander Adams made a report of a disturbance on board the Tongoy, I sent Con stables Smyth, Workman, and Read, who went in company with Dr. Gething to the ship, and returned to the Station with the prisoners about quarter-part 12. In consequence of what was stated I locked the prisoners up and went on board with Workman. Left the body in charge of Workman, and made all enquiries. Searched the deceased, and found £70 in gold in his pockets, 12s. Id. in silver, 6^d. in copper, and a ring, which I handed to the chief officer. The chief officer had his watch and chaw, and I took his receipt for the other property. On Sunday afternoon I read the charge to Adams, and. cautioned him in the usual way. He said nothing then, but.af terwards sent for me, and I went to the cell.* He said, 'When you told me to t-ay nothing, I did not know what to do, but I want to tell you we are all in it McLean kicked the captain, and I struck him twice with the pin.' I said, ' What sert of a pin was it? was it a- belaying-pin?' He replied, 'No; I don't know what sort of a pin it was.' I said, ' Was it anything like the cook's rolling-pin?' Ho said he could not say. He went on to say ' We all rushed up around the captain.' This morning the charge was read to the four prisoners, but they said nothing. By the Jury— I never heard that the prisoners cast lots as to who should strike the blow. I have made enquiries, but cannot learn that any thing of the sort was done. , ? The Coroner said this was a very grave' and serious enquiry that he had called upon them to make touching tho death of this Captaia Withecombe. It was a very serious and grave matter upon public grounds; it was a very serious matter with respect to the relation of the masters of ships to the crews who navi gated them and the system of navigating; it was a very serious matter for the public at largo, and therefore ho need not tell them how careful they must be in their analysis of the evidence they had heard. It seemed perfectly clear, as far as he could follow the evidence, that Adams with a sort of predetermined idea, went with three other men with the purpose of bullying the captain of the ship into his con sent to certain things they wanted. It seemed, also, that Adams openly expressed his determination to have revenge, and after wards expressed gratification at having got revenge. There was vindictivoness shown both before and after the event, and he struck the man, who never spoke again. The life ebbed away, and tho medical man had told them how it was— that his skull was literally broken to pieces. He had a frightful wound, and the hemorrhage was very great, and the paralysis was so instantaneous that thero was no power in the system to make an effort at self-relief by vomiting the blood. He was suffocated by this blood, but would have been a dead man from the blows he had received. The doctor's evidenco led him to suppose that the blow might have been made with an instrument constructed for the purpose, consisting perhaps of heavy balls attached to a common centre, which, used with rapidity once or twice, would make the wounds. Thedoctor had explained to them thehelpleasstate of the man. The blow killed him. Who struck the blow? Adams struck the blow, therefore Adams killed him. But thero was evidence that another m^n gave another blow. It would be well to examine McLean's boot to see if it caused the wound on tho mouth. McLean struck the man when he was down. How far he caused or hastened his death they could hardly say, but the two were connected together. The evidense about the other two men was that they were, as it were, banded together in oppo sition to the captain in reference to some things he refused to grant them, but it did not appear by the evidence that there was any preconceived malice on their part He did not think, how ever, they should altogether separate the four men. He thought their verdict should embrace the ether two, because it was right that a Jury of their countrymen should oxpress their opinion as to their participation or not, and it was right that a higher Court should investigate the matter as regarded the four men. But that he would leave to their consideration. Their verdict rrust embrace the two who were the actial perpetrators of the crimo. Their case could not escape investigation, but as to the other two he left it to them to consider whether there was sufficient evidenco to put them on their trial. They all partici pated in jostling the master, because they all pushed up to him and made themselves serioii3ly participants in tbo matter. But how far a Jury in a higher Court would say they were partici pators he could not say. That this was tho crime of murder there could bo no question. There was no Jury but would consider that tho two men went prepared to do their worst. The Jury retired at 0 o'clock to consider their verdict, and at 10 minutes past 7 they returned, when the Foreman stated that they had unani mously found Adams and McLean guilty ©f the wilful murder of Charles Alfred Withecombe on the 26th instant: and Elgar and Robbeck guilty of being accessories to the fact. The Magistrate expressed his obligation to the Jury, and said he was sorry they had been kept so loug. lie must al?o congratulate the public on the careful and judicious verdict that had been returned, as there could be no doubt justice required that tho prisoners should be taken to a higher Court for trial. It was a most serious matter that a captaia °f a vessel should, on board his own vessel in a pea&tful port, be treated in so foul and brutal a manner. The prisocers wero then severally informed that if they wished to make any statement they could do so, but that whatever they said would be taken down and might be used in evidence against them. Joseph Adams replied that ho had nothing to say. Thomas McLean said he fehould reserve his defence, but he was not guilty of wilful murdor. William Edgar said he should reserve what he had to say. Benjamin Rebbeck, who appeared much affected, said he was innocent of the captain's blood. He asked how could he be guilty when he had never gone near the captain nor given him a wrong word. His Worship, addressing the prisoners, said the Jury had found them guilty — Adams and McLean of the wilful murder of Captain Withe combe, and Edgar and Rebbeck of being acces sories to the fact ; and it was his duty to commit them to take their trial at the next Criminal Sittings of the Supreme Court. The proceedings terminated shortly before 8 o'clock. ^^____^^^^____