Source: Old Bailey Proceedings Online (www.oldbaileyonline.org, 17 June 2008), October 1884, trial of James Cruickshank (t18841020-1032).

JAMES  CRUICKSHANK (28) was indicted for the manslaughter of Alexander Thompson on the high seas.

MR. POLAND Prosecuted.

  JOHN SMITH COONEY . I am a fireman on board the Ardmilly, a ship sailing under the British flag—on Friday, 6th September, she was lying alongside the quay at Smyrna—Alexander Thompson was a fireman on board — the prisoner was also a fireman — some of the men went ashore that night and were drinking, and on Saturday morning the prisoner and deceased were both drunk in the forecastle—I got a kettle of boiling coffee from the galley holding about six pints, and the prisoner took it up and poured it over Thompson from his waist downwards — Thompson was only in his shirt—the prisoner did not say anything when he did it — I told him it was hot, and it would scald the man—he was badly scalded — he was taken to the hospital next day — the prisoner was drunk, too drunk to work — when sober he said he was very sorry for it — we sailed from Smyrna on the 10th, leaving Thompson there in the hospital — I went to see him there several times — Peter Reed, one of our shipmates, was also left in the hospital.

Cross-examined by the Prisoner. I wrote to the deceased's wife — I did not tell her that it was accidentally done; I merely said that he had been scalded, and that we had to leave him in the hospital, but that he was not severely scalded, and would very likely be home in a week or two by one on of the Company's boats — we used the kettle for cold water to drink between meals — Thompson did not say that he did not get much attention at the hospital — the black cook was attending him.

Re-examined. The kettle was always used for the meals.

  JAMES CAMERON . I am boatswain of this vessel — I was in the forecastle on Saturday, 6th September — I was sitting at my meals and I heard Thompson say "We can carry no more of that water," and the prisoner said "That is the last of it, you old b—" — it was reported to the captain.

  WILLIAM SELFIE . I am a fireman — I was in the seaman's forecastle and saw Thompson there in his shirt — I saw the prisoner pour the coffee over him from the kettle — on the way home the prisoner said he was very sorry for it.

  PETER REED . I was cook on board the Ardmilly — I was ill at Smyrna and went into the British Seaman's Hospital there — Thompson came in after I was there — he had been one of the firemen — he was very ill there — Dr. McCraith used to attend to him — I assisted in looking after him when I got better—on 16th September the doctor saw him at 6 o'clock, and at 8 the same night he died — I laid him out and afterwards attended the funeral.

  JAMES McCRAITH . I am a Fellow of the Royal College of Surgeons — I was surgeon in charge of the British Seamen's Hospital at Smyrna — on Sunday, 7th September, I saw Alexander Thompson when he was admitted to the hospital — he was suffering from severe scalds over the lower part of the abdomen, the upper part of the thighs, the peroneum, the back and lower part of the spine, the scrotum, and penis; very nearly one - fourth of the body was scalded — I immediately formed a very unfavourable opinion — I attended him to the 16th, and did everything I could for him — I saw him that evening between 5 and 6 o'clock; he was then dying, and I warned the proper authorities of the fact — his death was reported to me the following morning — his death was caused by the scalds — I have been connected with the hospital 18 or 20 years.

  JOHN REGAN (Police Sergeant). On 26th September I went on board the Ardmilly; the prisoner was brought up to me — I told him he would be charged with causing the death of Alexander Thompson, on board the Smyrna, by pouring a kettle of hot coffee over him on 6th September — he said "Good God, is poor Sandy dead?" — I read the telegram to him anouncing his death—he said "Poor fellow, I am very sorry; I did not dink he would die; we were always the best friends, always skylarking together — we had been drunk together, and were drunk at the time; if he had been in any other hospital he would have got over it.

Prisoner's Defence. I don't recollect anything about it; I have a very vague idea of doing it. We were always larking about and throwing water at each other in the forecastle. We were all new to the sea; he had only been one voyage, and I had only been 12 months.

GUILTY . Recommended to mercy by the Jury. The captain gave him a good character.— Six Weeks' Hard Labour.