by John Marshall

“ Witness was not aware of any neglect of duty on the part of the prisoner, or of any disrespectful conduct towards Commander Belcher. On being examined by the prisoner, witness said he remembered prisoner being confined for three days and three nights under a tarpaulin screen, where neither light nor air was admitted, and no officer of the ship allowed to speak to him – the only air that could be got being under the edges of the screen, which was fastened close to the bulkhead. He understood from Mr. Quin, the first lieutenant, he was so confined by the order of Commander Belcher. ”

“ Henry Grainger Backhouse, of insubordination in quitting the ship in defiance of the first lieutenant’s refusal of leave of absence, has been proved; but that the other charges against the said Mr. H. G. Backhouse have not been proved. And the Court doth adjudge the said Mr. H. G. Backhouse to be discharged from H.M. surveying-vessel the AEtna; and to be reprimanded, and admonished to be more circumspect in his conduct in future; and the said Mr. H. G. Backhouse is hereby discharged from H.M. surveying-vessel the AEtna ”

“ Backhouse. Never saw any thing disrespectful in prisoner’s conduct towards the commander. To the best of witness’s belief, prosecutor was on board during the time Mr. B. was confined, and went round the deck during one of those days.
“Joseph Shilleto, carpenter of the AEtna, sworn. – Made a screen for prisoner on the main deck, in which he was confined by the orders of Mr. Johnson, the master, which screen was composed of a tarpaulin nailed to a carlin, 5 ft. 6 in. in length, 6 ft. 3 in. in breadth. Witness asked Mr. Johnson if he might open one of the ports to give Mr. B. air ”