Thames Police-office. - On Thursday and Friday last, capt. Charles M'Glashan, of the ship Margaret, from Tobago, appeared to a summons under the Act of Parliament passed last sessions for the more speedy recovery of seamen's wages, to show cause why he should not pay Alex Campbell 9l. 19s. 6d., the amount of the wages due to him on the voyage from London to Tobago and back again.
On the part of the captain it was attempted to be shown, that Campbell had on May 26, while the ship lay in Tobago, deserted, and therefore forfeited his wages: in answer to which, it was proved by six witnesses, that the captain had inflicted four sabre wounds on the body of this seaman; that he continued to beat him with it until the violence of the blows broke a piece off the point of the sabre of more than four inches in length; not content with which, he ordered his mate to flog him, who accordingly gave him seven dozen lashes with a nine-thread rattling line, folded four times with a knot at each end; and that with the permission of the captain, he went on shore up the island, a distance of 25 miles, to make his complaint to a magistrate, from whom, however, he could neither obtain a hearing or any redress; that rather than starve on the island, he tendered himself to the captain to return with him to this country; but who refused to receive him unless he signed a paper whereby he promised to pay all expenses the ship had been at on his account, admitted that the charges laid against him and the mate were unfounded and malicious, and acquitted them of all charges whatever, which he declined to do; in consequence of which he offered to work his passage home in the Governor Halkett, which captain Justus of that ship accepted.
Mr. Longly, Mr. Richbell and Mr. Kinnard, were all clearly of opinion, that a seaman quitting a vessel for the purpose of making a complaint to a magistrate, whether the complaint was in itself tenable or not, was not a desertion; and under all the peculiar circumstances of this case, taking into consideration the fact of this man's being obliged to sleep on the beach 13 nights, and existing day by day on the charity afforded him in the island and what he could find which the sea had washed on shore, the magistrates refused even to allow the captain 4l., of which captain Justus had made Campbell a present for his services home on board his ship; and sentenced Mac Glashan to pay the balance of the wages out and home, amounting to 9l. 19s. 6d., and also the costs of the application.
Two other charges, by two other seamen under similar circumstances, against the same captain, were decided in the same manner.
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