Who charge against the three men was that they, the said Edward Daley, leading seamen, official number 138,453, John Henderson, ordin- ary seaman, official number 187,764, and Frank Colbert, A. B. seaman, official number 171,492, belonging to H.M.S. Barfleur, they then being persons subject to the Naval Discipline Act, were, on the 27th day of December, 1900, guilty of an act of breach of good order and naval discipline in throwing overboard a bell, the property of Commander Herbert Du Cane Luard, Royal Navy, of the said ship.
Henderson pleaded guilty, but Daley and Colbert denied the charge.
Commander Cecil 8. Hickley, H.M.S. Bar, fleur, gave formal evidence as to the identifica- tion of the prisoners.
Arthur Speed, stoker, was then examined. The Court-What watch were you on on the evening of the 27th December P-From four
lock till eight o'clock, sir.
Where In the upper dining room. Did anybody go into the dining room while you were there ?—Yes, sir; a man named Daley.
Was anyone with him f—No, sir.
Can you identify him fere —Yes, sir (look- ing over at Daley).
Had you known him before P-Yes, sir; I had been eighteen months with him on the picket boat.
What did he say ?-He said he was going to close the door, as he was going to “ditch" the bell, because the gunnery lieutenant had "ditch ed" his "gear," and that I was to take no notice. as it had nothing to do with me.
What happened then ?-I turned round to do my duty on the engine. On turning round again I saw the door closed. I opened the door and saw Daley on the top of the galley and the bell in the arms of Henderson and Colbert whom I identified afterwards to the master-of-
arms.
Did you see what they did with the bell? Yes, sir. They took it across to the port side of the ship, by the midshipmen's head. I turn- ed round and went on with my work and saw
no more,
Did you see any of the prisoners again that evening during your work?-Yes, sir, I saw Daley, and he said I was to take no notice of what had occurred, as it had nothing to do with
me.
At what time was that ?—About eight o'clock, sir.
Have any of the prisoners been to you at any time since? Yes, sir'; Daley, on the evening of the 3rd.
And what did he say ?-Daley said to me I had better be careful or I should be "going in" also. Henderson said he would stand me rum if they did not get found out. Colbert was also with them.
Anything else?-Daley also said he would see I got on all right.
Did any other man speak to you on the same subject that night?—Yes, sir, a man named Rico,
Leading seaman P-Yes, sir,
What did he say ?-He asked me how I got on, and told me to stick to all I said, as a solici tor would be seen ashore about it.
Did anything particular occur on board on Thursday the 3rd ?—Yes, sir, à Court of En- quiry was held.
Did the man who spoke to you on the even ing of the 3rd know yon had been a witness ? Yes, sir.
How did you identify Henderson? Did you know him before ?—Yes, sir.
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How did you identify Colbert to the mas ter-at-arms P-As he was a new man on the ship, with whiskers, which he shaved off before his arrest.
What day was he placed under arrest ?-On the 4th, sir.
When did you report to the master-at-arms what you knew ?—On the evening of the 3rd,
Cross-examined by Colbert, witness said he had not known him personally before 27th December
Was the light sufficiently good above the galley for you to see a man's face clearly Not the light that is outside, but the opening
the door by me showed the three men a plainly as though they were inside. ;
Did I hold any communication with you on the subject of the bell ?—No, sir,
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The Court How far was the bell hang ing from the door of the upper deck dining room P---I could not say exactly, sir, but you would have to push the bell back before you could close the door.
Right up against it--quite close, you mean -Yes, sir.
Robert Peart, ordinary seaman, was sworn, The Court-Were you on the fo'e's'le on the evening of 27th December?—Yes, sir, between 6:30 and 7:30.
Is that what you
out to him don't remember if I used that exact ter
Commander Cecil 8. Hickley was then sworn. The Court-- Did you see the bell recovered from the bottom of the harbour P-Y
Was one man likely to attempt to remove bell of its size by himself ?—No.
Can you produce the bell P
Will you do so ?—It's all ready, sir. The bell was therenpon brought in by couple of bluejackets, whose strength was ap- parently taxed by the carrying of it. The Pre- Did he make any commnuication to you ?sident requested one of the men to lift it up Yes, he told me to say nothing that he was going to "ditch" the bell.
With anybody?--Yes, with Daley.
Did he give any reason? He said the gun nery lieutenant had sent bis frying pan over board.
Did you see him again that evening?-Yes when I got my hammock down and had my supper.
About what time ?-Eight o'clock. Did he make any communication to you?- He told me the bell had gone.
Did you see him anywhere else that evening -Yes, between the boat-hoist and dining room.
Did you see him on the mess deck ?—Yes. Was anybody else with you?—Yes, Matthews. What took place F-I could not say.
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Do you mean you cannot say or you don't want to say?-I never took any notice.
But you must give an answer, unless you are incriminating yourself --Well, I saw Daley and Matthews talking together, that's all.
Did Daley speak to you at any other time about the bell ?—No.
Did anybody else, at any subsequent date ?- Yes, a petty officer of the first-class.
Anybody else —No.
No questions were asked by the prisoners, and Albert & tradwick, ordinary seaman. was called
The Court-On the evening of Thursday, 27th December, did you see Robert Peart P Yes, sir, about a quarter to eight.
What did he say?
Judge Advocate-That is hearsay evidence Neither of the men was a principal.
It was contended that the question wae irrelevant, and the Court was cleared while the point was debated. At the end of ten minutes it was thrown open, when the President in timated that the question had been disallowed.
There were no further questions either by the Court or by the prisoners, and Frederick Matthews, ordinary seaman, was sworn and gave evidence.
The Court-Did you see any of the thre prisoners on the night of the 27th December?
Yes, sir-Daley,
What occurred?--I was sitting forʼard, sir, and Daley sent for me. I went down, and he gave me something to drink. He said "Gun nery Jack's" bell was in the "ditch," because he had "ditched" Daley's frying pan. I told him I would have nothing to do with it, and went for ard then.
What did Daley give you to drink P-Whis ky, sir.
There were no questions by the prisoners, and Lieutenant Stanley Williams was called.
The Court-Are any of the three prisoners in your division?—Yes, all three.
Do you know Colbert ?—Yes. When did he shave off ?---On the evening of the 3rd, after leaving quarters
With your permission ?-Without my per- mission.
When men shave off, is it the rule in your division to ask your permission ?—Yes,
James Alexander," master-at-arms, was the next witness.
The Court-When did Arthur Speed make a communication to you ?-On the night of the Court of Enquiry, sir.
Did you hold out any inducement to him as to his not being regarded as an accessory, or anything?-I pointed out to him the danger he stood in if any evidence was gained, and also that it was possible for him or anyone else who knew anything to turn Queen's evidence.
How did he identify the prisoners-by name or description ?—Daley by name, and Colbert by description. He afterwards pointed Colbert out to me on the quarter-deck.
There is no doubt about the identity of Col- bert ?—No, sir,
You talked about “danger." What danger did the witness Speed run ?—Of being an accessory
to the beam, but after one or two ineffectual attempts the man acknowledged that the bell was too heavy for him. Daley asked to be allowed to lift it, and was informed that he should be given an opportunity later on.
In answer to Colbert, witness said there was no difficulty whatever in the identification of
ny of the prisoners.
Alfred Augustus Emberley, acting chief petty officer, was called and sworn.
The Court-Did you pire hammocks down on the 27th December ?—Yes, sir.
What is the state of the upper deck as regards men immediately after hammocks are piped down-As a rule, the men baya their supper.
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Did you go on deck ?—Yes.
What time?—At a quarter to eight.
Did you see anybody about the galley head after yon piped hammocks down ?—No, sir.
This closed the case for the prosecution, and the Court adjourned for a quaiter of an hour. -
On resuming, Daley's written defence was handed in and read. It was as follows:- "I beg to deny the charge against me. Soon after 3 p.m., on the day in question, I was feeling tired and lay down close to the port toat-hoist and went to sleep. Some time after, Bedford, leading seaman, shook me up and spoke to me, asking me if I was going down to my mess. ·I said no, but was going to sleep where I was for a bit. I went off to sleep again, and woke up again at about 9 p.m., and went down to my mess. Wilcox, ordinary seamen, saw me get up."
Colbert, in answer to a question, said he had no statement. He only wished to deny the charge.
On behalf of Daley, Samuel Joseph Bedford, leading seaman, was sworn and examined.
Daley-Did you see me on the night of the 27th ? Yes.
Will you state what occurred-About half- past six I came on deck. I saw Daley lying asleep between the boat-hoist and the dining. rorm. I woke him up and asked what was the matter with him. He said he was tired. I asked him what made him sleep there--why he did not go down to the mess. He said it was too hot. I left then.
The Prosecutor-Were you on the lower deck that night ?--At half-past seven, sir.
Where was Daley -On the upper deck, against the boat-hoist, sir.
Charles Wileox, ordinary seman, was the next witness for the defence.
Daley Where were you on the night of the 27th December, at about nine p.m?-Against the boat-hoist.
Did you see me there ? Yes. What was I doing P-Lying down.
How long had you been there ?—A bout an
hour.
Yes.
Was I lying there all the time The Prosecutor What time did you go on deck ?—About eight o'clock, sir.
This concluded the evidence for the defence, and Lieutenant Field intimated that he wished to hand in Henderson's statement.
President-Henderson's statement is merely by way of mitigation, I suppose? He has pleaded guilty?—Yes, sir.
The statement was submitted and read. It ran :-“ I have pleaded guilty, and only wish to say that I am sorry for what I have done. ' I was much put out at the time, and acted in a moment of foolish rancour, - A. frying-pan belonging to me had been thrown overboard from my mess the previous evening, which I understand to have been done Luard's orders. I do not wish to offence in any way, but to throw mercy of the Court, hoping it consideration my previous good conduct
and