several other wounds inflicted, and a blood-smeared cudgel as big as a young tree lying close by. Suspicion pointed toyvards Were, who was after much trouble apprehended by a trooper, and the murdered man's mare and foal found with him. He was accordingly tried for wilful murder and defended by Mr. Stawell. After the jury had retired to consider their verdict, one of them (a Mr. George Cooper, a hairdresser in Elizabeth Street), declared it yvould be against his conscience to convict in any case where death was the penalty. After some delay and barneying in the jury room, a compromise was agreed upon, by which the scrupulous barber was mollified, and the jury returned a verdict of "Guilty," "with a strong recommendation to mercy." The prisoner was condemned to be hanged, but his life was not forfeited, not because of the uncalled-for "recommendation," but for the reason referred to in connection with other capital trials. He was transported for life, and had been originally a convict from England to Van Diemen's Land. Horse stealing had got him into trouble there, and it was his weakness for horse-flesh (old and young) that prompted him to slay Simpson.
Murder on the High Seas.—26th January, 1846.
William Dobson was indicted "for having on the 10th November, 1845, on board the ship 'Kestrel,' on the high seas, near the coast of Balli, in the Indian Ocean, so wounded a Lascar seaman, named Bucksheer, as caused him 'to languish, and languishing live on until the 27th November when he died at sea near the coast of Nww South Wales." A second count charged him with "murdering by various assaults," whereby a certain mortal disease, from which Bucksheer was suffering, was accelerated. Counsel for the Crown, Mr. Croke ;forthe prisoner, Messrs. Barry and Sidney Stephen. Both the captain and mate of the vessel were committed for trial to the Criminal Sessions.
The "Kestrel" arrived in Hobson's Bay on the 5th December, 1845, with Robert North Bauvais as commander, and William Dobson (the prisoner) as mate. She shipped a number of Lascars, as part of a crew, at Singapore, whence she sailed for Hong Kong, and thence, via Manilla, to Melbourne. As a rule, Lascar seamen are treated to a good deal of knocking about, and even knocking down; and the "Kestrel" rule, so far from being an exception, was exceptional in its severity. Captain Bauvais had some twinges of humanity, but, if the evidence adduced at the trial was credible, the prisoner had none. Rough and ready in his treatment of the hands under his control, he appeared to have selected Bucksheer as the subject of special inflictions. The dead man had at an early period of the voyage contracted a disease in the legs and face, for which the prisoner would make no allowance, but exacted as m uch work as possible from him, so that when the poor wretch fell sick his task-master thrashed him. It was proved that when he was physically unable to work the Serang (the Lascar boatswain) was ordered to put him to the winch. Prisoner would ropes-end and strike him with his fist,and when the sick man stammered forth, "Oh! me beg your pardon, sar," the answer was to be hammered again. The Serang, by command, gave him twelve strokes with a thick rope; and the prisoner officiated as flagellator himself, with a knotted rope. The prisoner in cold weather amused himself by having the Lascar crew stripped and scrubbed in the scuppers. A witness deposed that "the mate flogged him fore and aft, and from stem to stern." Deceased's legs got so sore that they had to be bandaged in tar and canvas, and began to rot. Still he was kept at work, and when he had literally "not a leg to stand on," he was cuffed and kicked, until at last he was found dead in the coal hole. There were sixteen Lascars on board, and when asked by the Serang for medicine for them the captain would serve hog's lard and bluestone. The defence was an allegation that the affair had been got up through design, and was simply a conspiracy amongst some of the ship's hands and others to further purposes of their own. It was declared that, so far from the prisoner being cruel, he was the reverse, as was evidenced by his having made a pair of shoes for deceased, to whom he had been kind. His putting him to work at the yvinch yvas through kindness, as it would improve his health. Several witnesses were called, including Drs. Sanford and Howitt, both of whom would, under the circumstances detailed, apply tar to Lascar sores; and some ship captains, to show that the Lascars were an indolent race, and required stirring up and scrubbing to make them attend to their work, and keep them from sinking to a state of torpidity, to which in cold weather they were liable. The trial lasted two days, and the jury were locked up for a night. They returned a verdict of "Guilty of Manslaughter," with a recommendation to mercy. Remanded for sentence.
