2-127 (Raw)

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THE MELANCHOLY Affair of CAPTAIN GLUVIAS, Late Master of the Bee, Whaler.
On Tuesday, Captain Gluvias, master of the Bee, on arrival from New Zealand, waited on the owners on shore and was made acquainted with the state of Messrs. Wright and Long's affairs, and the assignment of all their effects to trustees for the benefit of their creditors.
It appears, that during the conversation, Captain Gluvias was informed that the trustees shewed every disposition to satisfy all just claims, as the cases of the Proteus and the Roslyn Castle instanced. The result was, that as the Captain was going away, he expressed his determination to haul the vessel alongside the wharf of Messrs. Walker the next day (Mr. Thomas Walker being one of the trustees) to discharge her cargo.
The cargo consisted of oil and bone, - oil for Mr. Jones; oil and bone for Messrs. Wright and Long, and oil for Mr. M'Gaa. The circumstances that afterwards occurred will be best explained, from stating the case as it appeared before the police.
On Thursday, two persons named Abraham Sharing and Woodhall were placed at the bar of the Police-office, on the charge of constable Edward Sweenie, who stated that about half-past two on Wednesday morning, while on duty at the King's Wharf; he observed a boat approaching, which he hailed; there were two persons in the boat, but they returned no answer.
The constable went on to state, that as he saw the boat pulling towards Captain Carter's wharf he then went round and observing that the boat contained a quantity of whale bone, and a few other articles, he accosted the two persons to know whence they had obtained it at so late an hour. They answered that they had received the property from the Captain of the Bee. Sweenie not thinking this account satisfactory, took the persons to the watch-house.
In answer to the charge the two prisoners gave an account of themselves, which was such to induce the bench of magistrates to discharge them, and grant a warrant for the apprehension of Captain Gluvias of the Bee.
On Friday, Thomas Gluvias, the master, was placed at the bar on a charge of robbing the estate of Messrs. Wright and Long.
Mr. E. D. O'Reilly, the solicitor for the trustees, and Mr. A'Beckett appeared to prosecute. The evidence which was very lengthy, amounted to the following : - On the Tuesday afternoon, before mentioned, Captain Gluvias called upon Mr. Woodhall where he met Sharing, formerly storekeeper to Marsden and Flower, and had some conversation with them respecting the situation in which he was placed. After speaking of the precarious state of affairs of Messrs. Wright and Long, he said the trustees had guaranteed to pay all just debts, but that assertion would not protect him, it only extended to the sailors whose wages would be paid, but he (the Captain) would have to come in as a creditor. He also said he had property on board, which it would be a pity for him to lose, for the trustees would come on board the next day and seize all, which would be sold.
Captain Gluvias then requested Woodhall and Sharing to come on board with him and assist in removing his property. Woodhall, in his evidence, stated that - in the conversation just alluded to the Captain wished him to assist him in removing some whalebone from the Bee to remunerate him for his wages; this, he said, he should acquaint the owners with, and would either give it up or account to them for it, when paid.
The three then proceeded on board the vessel where they saw the chief officer, James George Bailey, a New Zealander, who requested leave of the Captain to go ashore. Captain Gluvias asked him how long he should be away The mate said half-an-hour; the Captain replied, it is no use saying half-an-hour, if you mean to stay two or three hours. Bailey then said he would stay two hours.
Captain Gluvias then remarked, you had better take some of the crew with you to take care of the boat and bring her off. Bailey said there was only a man and boy on board who would be required for the watch; but being told by the Captain to take the man, be Went forward to him, but returned without him and went ashore by himself. [188]
The party then consisting of the Captain, Woodhall and Sharing, went down to the cabin and had some refreshment, and returned on deck. The Captain and Woodhall went down the after hatchway with a light to select the whalebone, leaving Sharing on deck. This transaction took place about half-past eight o'clock; the night was very dark.
The Captain commenced selecting the bone, but observing a light forward, he then blew out the candle and went on in the dark, and handed up some of the bone. Sharing seeing a boat approaching the vessel, told the Captain, who jumped on deck and threw down the property into the hatchway.
After the boat had passed, the Captain again handed up the bone, with which they loaded the boat and the three pulled to Captain Carter's stores, where the property was deposited. They then returned to the vessel to leave the Captain. When there, Gluvias observed that he had got some more whalebone, and that the boat might as well not go back empty, he then handed up sonic more whalebone, which, with that previously sent ashore, amounted to about half a ton.
While the bone was being handed into the boat, Woodhall said, "by God I'll not take more, he has already got as much as will amount to his wages."
Sharing stated that the Captain had previously observed, he would take nothing but what belonged to him. As they were about to leave the vessel, the Captain threw a piece of sailcloth over the whalebone, and asked Sharing if he would like to have a piece of pork, to which he assented and received a few pieces.
Before leaving the vessel, Sharing looked at the muskets in the cabin, and observed to the Captain, "you may as well let me have this one?"
"Very well," Gluvias said, "it will do to shoot pigeons." Sharing and Woodhall then left the Captain aboard and pulled ashore, where they were apprehended as before described.
Bailey the mate stated that the bone was shipped at New Zealand by the Captain; some of it belonged to the Captain. The Captain advanced as his reason for acting with secrecy, that, had the affair got wind with the trustees, his property would have been detained and sold with the rest, and he would, after all his services, have to come in as a creditor, with little benefit to himself. Captain Gluvias declined calling any witnesses, and the case was remanded to Saturday.
On Saturday Captain Gluvias was again brought up. Captain Maughan of the Isabella, proved the value of the bone to be about twenty pounds. Mr. O'Reilly stated he had been to the Custom House, and inspected the entry of the Bee's manifest, which stated the cargo to consist of oil and bone, part the property of Messrs. Jones, M'Gaa, and Long and Wright; respectively, the whalebone, stated, two tons, was entered as the property of Messrs. Long and Wright.
In answer to this the defendant observed, that quantity of the oil and bone could only be ascertained when the one came to be gauged and the other weighed; he had not entered any of the bone as his own property, as, when he entered this port he expected to have disposed of his portion to his employers.
He was then asked if he had anything to say why he should not be committed, on which he requested the case might be postponed till Monday, in order to allow him to consult his counsel, in whose attendance he had been disappointed on the previous day. The case was accordingly postponed. He had already applied for to be admitted to bail, which request the Bench could not comply with, until the examination was concluded.
After he was remanded, he was removed to one of the cells of the receiving watch-house, where he remained until the female prisoners were brought there, when he was removed to the common strong room. About three o'clock on Saturday afternoon, Captain Gluvias first appeared unwell, and soon exhibited symptoms of a fit of apoplexy; he was then brought out of the cell and laid down on blankets on the floor of the passage, a constable was dispatched to the nearest medical man (Mr. Campbell residing opposite the Police Office) with a request that he would come and bleed him. The constable saw Mr. Campbell who said, that he was too much occupied to come over. A gentleman connected with the Police Office also endeavoured to induce him to come over, but without effect.
Messages were sent to other medical men residing in the neighbourhood, but none could be met with at home. Information was then sent to the General Hospital, whence a cart was despatched to convey him to that place, and Dr. Robertson remained in attendance to receive him. About half-past seven the cart arrived at the Hospital with Captain Gluvias, who was speechless; every effort was made by copious bleeding, in the arms and temples, to relieve him, but all without effect; he expired about twelve o'clock.
His head was subsequently opened by the surgeon and it was found that a rupture of some of the vessels had taken place, producing apoplexy, and causing death. From the appearance of the body and head there was a manifest predisposition to apoplexy, but it appears that it was hastened in the present instance by mental despondency.
Since his confinement in the watch-house, no one visited him, and it appears that he was without the means of obtaining the assistance of counsel; the gentleman to whom he had applied having refused to interfere unless his fee was first sent. Captain Gluvias was at the time without the necessary funds, but attempted to procure a loan of money on his watch. In this he was also disappointed, and his watch had been detained in the custody of the police.
He never spoke a word after he was remanded on Saturday, until he was seized with apoplexy. An inquest would have been held on the body yesterday, but for the indisposition of Mr. Ryan Brenan, the Coroner, which rendered it necessary to procure the attendance of Mr. Hayward, the Coroner of Parramatta, on whose arrival the inquest will be held.
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