punishment, and proved that they had been drinking together in the commander’s cabin; that Spain was punished for theft and other offences; and that he confessed himself, in part, guilty.
William Willett, private marine, one of the few witnesses called by Lieutenant Low, deposed, that Spain had confessed to him his share in the robbery, offered to replace the wine stolen, and bribe him to conceal the fact. He accurately described the state of the commander’s cabin, on the morning after the robbery; and was not very delicate in speaking of the effects which the claret had apparently produced on the stomachs of the parties concerned in the theft. His testimony went farther to shew that Spain was not harshly treated after his punishment, that he joined in the amusements of the crew, and took the part of Serjeant Kite, in a play called the Recruiting Officer; that every body believed he had deserted at the Cape; and that the greatest part of his effects were either smuggled on shore, sold for grog, or otherwise disposed of, previous to his desertion. This witness distinctly proved every circumstance stated by Lieutenant Low in his defence, and went to a much greater extent. The sentence delivered was as follows:
“The Court is of opinion, that the charges of cruel and tyrannical conduct to George L. Spain have not been proved against Lieutenant John M‘Arthur Low, but that the information upon which the prosecutor grounded the complaints, stated in his letters to the Lords Commissioners of the Admiralty, was totally unfounded; and doth adjudge the said Lieutenant John M‘Arthur Low to be most fully acquitted thereof: and the said Lieutenant John M‘Arthur Low is hereby fully acquitted accordingly.”
This officer was advanced to the rank of commander, Jan. 20th, 1818. His brother, Archibald, is a solicitor at Portsea; and he has a sister married to Mr. George Rowe, surgeon R.N., now practising at Chelsea.
HENRY CHARLES PEMBERTON, Esq.
[Commander.]
Son of Dr. Christopher Robert Pemberton, physician extraordinary to his late Majesty George IV.
