THE ONECO TRAGEDY.

Evening Star, Issue 3630, 10 October 1874, Page 2

THE ONECO TRAGEDY.

Friday, October 9,

We coatinue our report. Frederick Travers, a‘lad about 17, said he was an ordinary seaman oa board the Oueco. Was on the look-out on the evening of September 17 when Green was on the gallows.. Could not; hear what- was going on on the main deck, but could hear voices as the talking was very loud. Heard Green “holler” for help two or three times, and afterwards heard the cry of a man overboard. About a fortnight before the “occurrence” saw a fight between Green and the second mate—it was at about 10 o’clock at night. The second mate knocked Green down and kicked him three or four times. On the same night, at the same time the second mate was punching Green ad round the deck for about fifteen minutes.

Constable Carter: 0n October prisoner made a statement to me when on board the Oneco. He said shortly before Green went overboard the captain told him to take an iron bolt, and not be hurting bis bands with the —-. He also said the captain told him that his only plan was to do away with bharp, for if he did not that he (Dodd) would be found guilty in the first degree, as they could not find him guilty in the second or third degree, and that he would give him an opportunity by unfurling the royals, and after some time he would order them to be fur.ed, and Sharp and White were to be sent aloft to take in the main royal. After they had been sent up, Cap Lain Henry pointed aloft and said, “That's your salvation; go up and throw them both off ” He said that Vv bite was to be thrown off because he suspected that Sharp had told him. The prisoner made answer to the captain by saying, “ 1 have done enough, Captain Henry, and I will hear the brunt of it,” Hodd told me

that he then went aloft and ordered Sharp down, and took in the royal himself. When the ship was coming to the Heads the'captain told Dodd that all the money he had in the ship amounted to four pounds, and that he would give him that; to get into the pilot or butcher’s* boat, and he was to let the captain kvow where he was staging, and that he would send him bis wages and more, as well as his clothing ; that he afterwards told him (Dodd) he would run the ship close to the shore, and asked him to get overboard and swiu ashore, as be would go as close to the shore as possible. Dodd replied as before, that he would remain and bear the brunt of it. That is all, I have had several conversations with him on other occasions. * >n another occasion he said he would not be in (he positron in which he was if he had not been goaded on by the captain. He said ihat part of th“ time that heg|thought he would have leaped overboard himse f, from the taunts used to him by the captain as to him net prickiag up the men sufficiently. Prisoner said there was a portion of an iron b >lt aft that the captain wanted him to use on the man Green. By Mr Stout:—While this statement was being made I was near the prisoner ; he took a long time to make it. I don’t think 1 questioned him, except I might have questioned him in regard to White. Every material word I have said, Dodd used. This closed the case for the prosecution. His Worship then read the usual form of caution to the prisoner. Prisoner : L reserve my defence. lam “ Not Guilty,” Mr Stout asked that the case be dismissed, on the ground that the law would never allow presumptive evidence to have any weight in such a ca»e as this. Mow, he had first to say that the corpus delicti had not been proved in this case, and though it might bo said that a man had' no moral doubt, that was not the question. The question was, Wi'l the law presume death from certain facts ? Now there was a case on which the learned counsel for the Crown might rely, that of The King v. Hyndmarsh

His Worship: You don’t suppose, Mr Stout, that I am to be influenced by the corpus delicti not being found ? I should let that matter lie far another Court. Mr '-tout: At most, with what the learned counsel for the Crown contends for, there is only evidence of manslaughter to go to a higher Court.

Mr flaggitt: Oh ! Mr Stout submitted there was no evidence of the higher charge, and that it was nor, fait to the accused to allow such a charge to be hanging over him unless his Worship was satisfied there was a reasonable "probability of the Jury convicting him. What la" at the bottom of this charge ? What did sharp’s statement show ? Did it show that this man was put overboard by the deceased ? There was not a syllable of testimony to that effect. Mi Stout then argued to show bias an the part of some of the witnesses ; taking Sharp’s evi denee to be true, and in doing so he was assuming the strongest thing for the prosec don, was, there anything in Sharp’» evidence to show that the necessary consequences of Uodd’s act mas the murder of this man ? and that was what must be proved in a case ot murder 'there might be the minor charge of manslaughter against the accused, but ii was not the duty osf bis Worship to commit in this case on prima fade proof of manslaughter. There was no prima facie case of murder, and on that account rma tiou must be dismissed, and that his Wor ship could not commit on this charge because he saw a prima facie case of manslaughter, ihe attempt to show maiice aforethought has nob been proved, not even from Sharp’s testimony. Unless there was a prima facie case of murder his Worship could not commit ; a prima facie case of manslaughter there might ke, but the Bench must dismiss the information in that event, and if the police liked they could lay another charge. Mr Haggitt rose to speak, but Mr Stout objected.

Bis Worship said it would not make any difference whether Mr Haggitt spoke or not. de would not take the responsibility of the case upon himself, and would commit the prisoner for trial at the present Criminal Sessions of the Supreme Court.

Accused was accordingly committed for trial.