
"The Abolition of the Slave Trade" by Isaac Cruikshank © The Trustees of the British Museum. The caricature shows Captain Kimber mistreating his female slave.
On 7 June 1792, Captain John Kimber, commander of the ship Recovery, was tried at the High Court of Admiralty of England, on a charge of murdering a female slave.
The case, which was held at the Old Bailey, was an interesting one, with two of the prosecution witnesses, Thomas Dowling and Stephen Devereux, being accused of contradicting themselves in their statements to the court.
The ship had been travelling from Bristol to Grenada in 1791, and Kimber had bought 300 slaves en route. Dowling, the ship’s surgeon, had originally given a statement on oath at Grenada, where the ship had been docked, stating only that the slave had died – and, in fact, had said she had died of dysentery. The accusation of murder only came later, and when he gave his evidence at the Old Bailey, he denied having said anything previously on oath – saying instead “he did not kiss the book” and therefore it was not an oath.
Their evidence was followed by five defence witnesses, all of whom contradicted what Dowling and Devereux had said. There were said to have been between 30 and 40 other witnesses who were willing to give evidence for the defence, but after this first five, the jury stated in court “they were perfectly satisfied, and had been for above an hour” before the evidence had finished.
The judge, Mr Justice Ashurst, said that if the jury was satisfied, then he was too; and promptly declared Captain Kimber not guilty of murder, and acquitted him immediately. The jury made a statement that “the [prosecution] witnesses were unworthy of belief”, and Dowling and Devereux were sent in Kimber’s stead to Newgate, to await a trial for perjury.
The case had been a media story before the trial had begun, primarily because of the involvement of abolitionist William Wilberforce. He had heard about the case, apparently from Dowling, and used it during a debate on the slave trade in the House of Commons on 2 April 1792 to accuse Kimber of murder. He also described Kimber as:
“a very bad man, a great spendthrift; one who would swear to any falsehood, and who is linked with a set of rascals like himself.”
Kimber had then been forced to place an advert in the local press to deny these allegations – ones that today would cause Wilberforce to face a contempt charge.
So there was substantial interest in the case by the time the trial began. The trial itself, should have been a discussion of whether the girl had died of natural causes, or as a direct result of alleged mistreatment by Kimber – which was said to have included being whipped whilst suspended upside down by her ankle. In fact, there were rumours that Wilberforce had been behind the prosecution of Kimber, seeing it as a way of publicising the plight of slaves. Instead, it became lost in the argument about perjury, and whether Dowling had sworn an oath or not; and whether he and Devereux were motivated by a personal antipathy towards Kimber, whom they had previously argued with.
Wilberforce was furious at the acquittal of Kimber. The Life Of William Wilberforce records that he felt Kimber had “escaped” justice:
“through the shameful remisses of the Crown lawyers, and the indecent behaviour of a high personage who from the bench identified himself with the prisoner’s cause.”
Even the acquittal of Kimber, the subsequent acquittal of Devereux and conviction of Dowling for perjury, failed to put an end to discussion of the case. Nearly a year later, in February 1793, it was again brought up during another debate on the abolition of the slave trade in parliament.

William Wilberforce, 1794, by Anton Hickel
Wilberforce proposed the establishment of a committee to explore the current state of the trade. Sir William Young wanted to wait a while to discuss the situation, arguing that he had visited the West Indies “and had found the condition of the Slaves very easy and comfortable”. He also argued that the slave trade should not be abolished –
“as thereby an estate that was unfortunate by the small-pox, or other contagious disorders, would be rendered unserviceable to its owners, as it was notorious it could not be supplied with negroes from other estates.”
He argued that the planters themselves should be allowed time to discuss the subject and be allowed to become less “agitated” about the prospect of gradually losing their slaves.
Mr Cawthorne MP backed Young’s plea for a longer timescale. He used Captain Kimber’s trial, and his subsequent acquittal, to argue that this meant black girls were not being mistreated by their ’owners’. William Smith refuted this argument, saying that he had been acquitted not necessarily because he was innocent, but because Dowling, as a witness, had been suspected of perjuring himself (and, in fact, was found guilty of this “on a collateral point” at a later trial, although Devereux was acquitted).
Smith then denied that William Wilberforce “had anything to do with the prosecution of Captain Kimber”. Wilberforce responded that:
“he was determined to persevere, and never to rest till this trade, which was a disgrace to the British nation and to human nature, was finally and completely abolished.” (The Times, 27 February 1793)
A vote was then carried out. 53 MPs voted to keep to the original, shorter, timescale to discuss the abolition of slavery; but 61 voted for an amendment, creating a longer timescale, “putting off the consideration of the circumstances of the Slave Trade for six months”.
WIlberforce had failed to get abolition discussed as quickly as he would have liked; and that was not his only problem. Kimber was furious at Wilberforce’s slandering of his character, and demanded a public apology, £5,000 in what we would call damages, and a government position. These demands were, after advice from William Pitt, rejected, and so Kimber then started calling at Wilberforce’s house, “lying in wait” for him, as he later put it, and being abusive. The situation became so bad that Wilberforce had to have a friend, armed, accompany him on outings. Eventually, Lord Sheffield managed to “terminate this annoyance” by calming Kimber down.
However, Wilberforce knew how to use Kimber’s aggressive behaviour to his advantage, and even hoped that the latter would succeed in attacking him:
“I really believe, that if he were to commit any act of violence it would be beneficial rather than injurious to the cause.”
Wilberforce continued fighting for his “cause” until the Slavery Abolition Act was finally passed in 1833. He died just three days after learning that slavery would finally end.
There is a good account of Kimber, from a local press perspective at the PortCities Bristol website. The quotes from WIlliam Wilberforce about John Kimber are taken from “The Life Of William Wilberforce” (1838) by his sons, RI Wilberforce and S Wilberforce. Other quotes taken from parliamentary debate coverage and trial coverage in The Times.