The "Brazil"-(J M. Henriques, Master)
| Jurisdiction | England & Wales |
| Judgment Date | 05 December 1855 |
| Date | 05 December 1855 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 1027
HIGH COURT OF ADMIRALTY OF ENGLAND
[75] the " brazil "-{J. M. Hennques, Master). December 4, 5, 1855.-Slaver -Association-Joint capture.-In questions of joint capture, the onus probatidt is on the claimant, and in favour of the actual captor. The rule, that no claim for joint capture can be established on the sole evidence of the crew claiming, is not so strict in slave cases as in prize of war. It appearing in the evidence that the surrender of the slaver took place before she was seen by the veasel claiming ; such claim of joint capture held not to be established. This was a question of joint capture of a slaver on the African coast promoted by the commander of H.M steam sloop " Niger," against H.M. steam-vessel " Jackal " the actual captor, and H.M. steam frigate " Gladiator," whose captain was the senior officer of the division stationed in the Bights of Benin. The allegation on behalf of the " Niger " stated, that the " Jackal " was attached as 3 tender te the " Gladiator " and manned from that vessel, and was frequently detached, cruising for and captunng vessels engaged in the slave trade. That, in November, 1850, the " Niger " and " Jackal " were cruising m the Bights of Benin, beiqg there stationed, and associated for a common purpose, namely, the suppression of the traffic in slaves ; the " Niger " having been directed to cruise from Lagos to Jaboo, and the " Jackal " from Lagos to Benin, the " Niger's " station being entirely included in that of the " Jackal." That, at about 2.24 p.m. of 2nd November 1850, a strange sail, which turned out to be the " Brazil," was seen and reported from, the mast head of the " Niger," bearing about N. J W. at which time the " Niger " had her head to the eastward, with a light breeze from the northward ; whereupon her foretopsaii was hoisted and foresail set for the purpose of wearing the ship and proceeding in chase; that shortly afterwards a steam-vessel, namely, the " Jackal," was, seen, as if in chase of the said schooner, and in like manner reported : thereupon the4 Niger's " foretop-gallant sail and royal were set. That at this time it had been made out from on board the " Niger " that the schooner was becalmed with her head to tiie westward, and that the " Jackal " was bearing down on her starboard beam from the northward, and shortly afterwards that the " Jackal " had closed the schooner ; that the " Jackal " was then perceived from the " Niger " going round the sehoener in different directions, which she did for about a quarter of an hour, and then bearing up towards the " Niger," as also did almost immediately afterwards the " Brazil." That in the meantime, the " Niger " had set up the rigging oi her maintopmast, [76} which had been struck for the purpose of examining the- TQ28 the "brazil" swab.77. masthead. Her main-royal-mast had been sent up, her topgallant and royal-yards had been crossed, and all sail had been made on her mainmast, though her steam had not been got up, in consequence of its being apparent that, owing to the lightness of the wind, the schooner could not possibly escape from the " Jackal," and the directions of the Admiralty were only to use her steam-power, being a screw vessel, when absolutely necessary That the actual capture of the " Brazil," with her cargq of 279 slaves, was effected by the steam-vessel " Jackal," tender to H M.S. " Gladiator"; but that such actual...
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Brig, Name Unknown
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...75.0% 100.0% 75.0% 73.4% 80.4% n wa 85.7% 80.0% 40.0% 75.0% 100.0% 25.0% 100.0% 80.2% Fa c 85.7% 60.0% 20.0% 75.0% 100.0% 100.0% 93.7% 79.4% sw 75.0% 70.0% 20.0% 75.0% 100.0% 75.0% 100.0% h K 64.3% 60.0% 100.0% 100.0% 100.0% 50.0% 83.3% 78.2% Cz c r p c 82.1% 90.0% 40.0% 75.0% 100.0% 50.0% ......