In the Shipping and Mercantile Gazette of Thursday 15th March, we gave a report of a charge preferred before Sir Mansfield, at the Liverpool Police Court, against Captain Bannatyne, of the Australian emigrant ship Arabian, belonging to Messrs Pilkington and Wilson, for not supplying the passengers with good and sufficient provisions, and inflicting upon the defendant a fine of �50.

There were three distinct charges against the defendant, viz.,

for not providing the passengers with proper and efficient berths
not having a hospital on board - and
for not supplying the passengers with food and, sufficient provisions.

Captain Dyer, of the Government Emigration Office, appeared on behalf of the passengers, by 173 of whom the charges were preferred. The second case - that of not having berths sufficient, was subsequently entered upon. After an examination of three or four witnesses, an adjournment took place to Thursday, when an intimation was given to the bench that an arrangement had been come to by Messrs. Pilkington and Wilson, the owners, which would obviate further proceedings.

Mr. Mansfield observed that he had not the slightest doubt that the passengers had been most shamefully treated in regard to the provisions, and that he should send a report of the whole case to the Home Secretary. He had himself taken some of the coffee which had been produced in court on the previous examination, and submitted it to one of the principal grocers of the town, who declared that not more than one-fifth of the article was real coffee, and that even of the coarsest and most villanous description and that the remaining four-fifths consisted of either pease or beans, or some other adulterated material, which was again mixed with: deleterious matter to give the colour and appearance of coffee.

The magistrate commented upon the conduct of Captain Dyer : the government emigration officer, through whom the passengers made their complaints, but who was also a witness for Messrs. Pilkington and Wilson (having been requested by them to examine the vessel on her arrival), remarking upon some discrepancies in his statement, for which he (the magistrate) could not satisfactorily account. For instance, the flour, &c., which had been produced in court, Captain Dyer handled and described as good. If Captain Dyer possessed a proper knowledge of the coffee which bad been produced, it was awful to think what he had been guilty of ; and if he did not possess that knowledge, he should not have been so reckless and careless as to assure the bench that that was good with regard to which he was not competent to form an opinion. Mr. Dyer, one of the passengers, explained, with reference to the arbitration, that after the conviction on Tuesday, the passengers considered that one of the most important ends in view had been obtained, namely, giving publicity to the affair. Their object is bringing the case forward was, not to obtain money, but to lay the matter before the public ; and as many of the passengers were anxious to get home to their friends, they had delegated to him the power of making arrangements with Messrs. Pilkington and Wilson.

Mr. West, another passenger, said he had been so badly used that he was determined not to be bought in that manner. He and his family would have starved on board the ship, if he had not had �15 or �16 worth of his own provisions. He wished the whole affair to be exposed, and not to pocket money by it, for whatever was awarded to him be should hand over to one of the charities. A deputation of the passengers then expressed the gratitude of the whole body to Mr Mansfield, for the courtesy, with which he had investigated their case.

SG & SGTL Vol 12 ; Page 141 ; 25 Jun 1855

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