that as Commander Belcher had been in court, and consequently heard all the evidence of the witnesses, he should not be permitted to do so. The Court opened after ten minutes’ deliberation, when the President informed prosecutor that he might give his evidence, but confine himself to the conduct of Mr. Backhouse while he was in the cabin with him alone.
“The prosecutor being sworn, deposed, that Mr. Backhouse entered his cabin abruptly, with a bill of exchange for him to indorse, and that he. Commander B., told the prisoner that he had not complied with the regulation under which he had engaged to be a party to his money transactions; but that if Mr. Backhouse thought it would enable him to appear in a more officer-like manner, he would attach his signature. The prisoner then left the bill on the table for that purpose, and quitted the cabin. In a few minutes, prisoner returned in a most insulting manner, walked up to the table where the bill was, demanded it, and told Commander B. that he neither required his signature nor assistance; he left the place as abruptly, and his (Commander B.’s) impression was, that he tore the bill in his cabin.
“Mr. Minchin (the prisoner’s professional adviser) read an elaborate defence, which was supported by the following evidence:–
“Mr. Henry George Shoot said the general conduct of the prisoner was very respectful, doing his utmost to please Commander Belcher, never seeing any act of insubordination on the part of the prisoner.
“Samuel Adney, a marine, proved that he was engaged to make a cap for prisoner out of the tails of prisoner’s coat, and was ordered by him to get it ready as soon as possible.
“Mr. Strong, second master, also stated that the prisoner was not disrespectful; and that the gig was manned for the commander to leave the ship when prisoner asked if his discharge was come down.
“Mr. Hooper, clerk, said that prisoner asked witness to request Commander B. to sign a public bill, which he refused on account of Mr. Backhouse not having a spy-glass. Prisoner asked if his discharge was come down when the commander was going out of the ship, and in a very respectful manner, touching his hand to his hat.
“Mr. Christopher Ludlow deposed to the same effect.
“John Ingle, Serjeant of marines, deposed that Mr. Backhouse was under his charge as prisoner at large on the occasion, when he was secured in on the main deck with a tarpaulin large enough to hang a cot in; the tarpaulin was nailed close to the ship’s side. Witness received orders not to allow any one to speak to Mr. Backhouse. Never saw any thing disrespectful in prisoner’s conduct towards the commander. To the best of witness’s belief, prosecutor was on board during the time Mr. B. was confined, and went round the deck during one of those days.
“Joseph Shilleto, carpenter of the AEtna, sworn. – Made a screen for prisoner on the main deck, in which he was confined by the orders of
