Rescue from the wreck of the Ayrshire was not the end of the ordeal for some of the crew. A young member of the crew, able body seamen Charles Cole, took the Captain, William Henry, to court for assault committed by a lethal weapon. The Captain admitted "kicking, punching and beating with a rope", described as "correcting him" following Coles insolence after the loss o f a set of sails whilst Cole was at the helm. Cole was then put in irons for the several days without wages (Shetland Court Records January 1866). The Captain was acquitted by the court. The case highlights the point Greenhill makes that is, that "Merchant sailing vessels have become a romance part of the past, however, they were inefficient, dangerous and working conditions were intolerable by today's standards. " ( Greenhill, 1993.17)

Fort Charlotte

THE TRIAL

The trial took place on 3/1/1866 in the presence of Andrew Mure esquire, Sheriff of Lerwick. Terry having stated that he wished his trial to proceed immediately. With the liable being read over to him he replied that he was not guilty .

The fine, if found guilty could be £10 sterling or not less than sixty days in jail at Fort Charlotte

Three witnesses where called to be examined upon 9ath in support of the captain.

1) Michel Brian-Seaman
2) James MacCormack-steward
3) Dennis O'Reefe-seaman

All three backed up the captain's story. The sheriff found the case not proven and dismissed the panel from the bar. (Kevin Thompson 18/7/2001)

Details from the court records held in the Shetland archives for 1866

The following is taken from the coult records for 2-3 January 1866. :-

After the wrecking of the Ayrshire on 24 th December 1865 one of the crew, Charles Cole, went to the Lerwick sheriff court to make a complaint about the captain William Henry Terry. In 1866 the sheriff court was in Fort Charlotte, Lerwick.

Lerwick sheriff court 2/1/1866
Court - k
Action- complaint assault
Pursuers - procurator fiscal (Charles Gilbert Duncan} .
Sheriff - Andrew Mure esquire :
Defender- William Henry Terry of the ship Ayrshire of London. Presently stranded on Muckle Roe.

Charge - Assault aggravated by having been committed :by means of rope or other such lethal weapon on board ship in December when on the high seas on voyage from Quebec
(1)Terry did wickedly and feloniously attack Charles Cole, a seaman on board said by striking him two or more blows with his clenched fist or hand on the head or other parts of his person.
2) further the said William Henry Terry did wickedly and feloniously attack Charles Cole by striking him with repeated blows with a rope on the head or other parts of his person.
3) Did throw Charles Cole down on deck of said ship' and did wickedly and feloniously attack him by striking him repealed blows to the legs and other parts by kicking with his feet and said Charles Cole was bruised and Injured

May it there for please your lordship to grant warrant to officers of the court to search for and apprehend said William Henry Terry and bring him before you for examination.

Charles Gilbert Duncan (procurator Fiscal)

Statement of William Henry Terry

At Lerwick in the presence of Sheriff Andrew Mure esquire. I am 33 years of age and married. I am captain of the ship Ayrshire now on Muckle Roe. I admit that I corrected the boy Cole as mentioned in the petition but I did not kick or knock him down. In consequence of the slipperiness of the decks the boy fell down and I fell over him. He is a very bad boy and I think that he deserved everything he got. I made entrance in my log about the various offences which he committed during the voyage. The book is in the possession of the customs here and can be seen. On coming aboard at Quebec he refused to work and I had to put him in Irons for several days.  I corrected the boy with a rope. I was on the poop at the wheel. I ordered him forward and when he got down on the main deck he gave me some more insolence and I was once again obliged to go down and use the small rope on him. During this he slipped on the wet deck and 1 fell on lop of him. I did not kick him. In the early part of the voyage I lost all my best sails and nothing remained but my second or summer sails which I was anxious about. Cole was a good steerer If he liked and had done two voyages with me. I believe the male ordered him to the wheel that morning. I told Cole lo be careful of the helm and not to shale the sails. He had not been at the wheel five minutes when he brought the ship upon the wind and shook the sails very much. I challenged him, he was insolent and that led lo me correcting him. After the wrecking I arranged to discharge the whole crew except the mate. I discharged Cole on Saturday having deducted a part of his wage for the time he was off duly.

All of which I declare to be the truth.
 William Henry Terry

[Home] [The Sinking] [The Trial]