Star. — London, England, 1819-01-08 00:00:00

urther examination of the witness, Peter wok place, viz. Prisoner. —How long have you been ac with the settlements on the Sahwahnee ? ix and seven months. p r esident. —For what term of years did to live with the prisoner ?—For no stated was taken by the year. P r esident. —Were you not discharged by • from his employ ?-11e told me he had use for me after I had written the letters ij e nce. did you stay after you were discharged ?- a small house belonging to a boy called u nder the protection of Nero. NS the subject matter of the letters you ?—After being refused by the Fra all venture to Providence, I wrote my r the means to trade myself. prisoner.—Do you believe the prisoner had of the ventures being . on board the schoo (0 n ot believe he did, it was small and in president. —Do you know that Ambristcr , ent of the prisoner ?—I do not. .think that the powder and lead shipped more than supply the Indian and Negro bun did not see the powder and lead myself, but by Bowlegs that he had a great quantity )ing to fight with. Indians reside on the East side of the :They did. were asked if the Negroes and Indians, when • marked A was communicated, did not take had they received information of the Indiaas at Mickasuky prior to that time? afterwards, I believe, they received the eowlegs keep other powder than that got risme: ?-11e had some he got from the wis nearly done ; he said his hunters Lys bothering Lim about powder. stae that at die time Ambrister aicended there WAS no other vessel at the mouth of - - '—'There was none other there ; there was s~iic J. is a letter A spoken of ; how do you know on of the prisoner had that letter in his ?—I saw him with it, which he dropped, called John, picked up, and gave to me. :ated that the Indians and Negroes doubted :y of the prisoner in sending . letters to the ,egent: do you think the prisoner would !a punished by them had he not complied it wishes do not know. _ believe the prisoner was compelled to write ut communications ?-1-le was not compelled. ;n lkinbig, a witness on the part of the pto• being duly sworn, and commencing a state what he heard the Chief; say, and the pnso- cting to hearsa) evidence of that kind, the ‘s cleared, in order to take the question, when n!cd that the pr . vanier's c,biection was hot va e p..:lness was thetcfine recalled, and stated, a or twenty diLy,, after the prisoner ar rived cknec, the Seminole Indians began to steal e . .e United States: settlements, and eom- it:racri on the Satilla flit er, which, ..te w.ts i by tlletn, was at the inAigation of prisoner. !I, little village in witness's neighlmur ii Itim to write a fcw lines to the pri- t1.0,e reports, and whether he did rot at those la: flans he was esk iting had long hexed, air! cautioned him against such pro , ur he ni:ht be invtaved in their ruin. This v. hen the prisoner wrote him a long ltii:g kttor, which was lost, upbraiding the fe: those Indians outlaws, and ac im o:. exciting the Indians to cruel war.— t , ild by Chiefs and Indians who had prisoner, that he advised them to go to war States, if they did not surrender hail been taken from them, and ..ernment would support them in toek the witness and a certain prison': , , which happened on the 13th of ,her last, t 61.1 them that it was by the priso ler; a.1(21 ~ ; 1 their arrival at Mickasuky (as - s) Kiag liiiah and all his Chiefs told them it the prvuiler's orders they were taken and Oa their arrival at Suwaney, they were told hidians and Negro Chiefs who sat in council on, that the prisoner had advised that he . rbe given up to five or six Choctaw Indians, re saved from the Negro-fort, who would ' I themselves for the loss of their friends at e. On their arrival from Suwaney, the ag Ilijah told them that he had got the pri- 1 write several letters for him, one to the Go of Providence, one to the British Minister at one to the Secretary of State in Lon .l ore to the American Agent for Indian pretesting against the proceedings of the :ding Officer at Fort Scott. While the wit at Suwaney, the Indian Chiefs told him prisoner had arrived at that place, with ten pow AT on board his vessel; and whilst at Marks, some time in March, Hillisaja or bought an order from the prisoner to the :tr.ciant for two kegs of powder, with other were in his possession. i.e Court — Were an y murders or depredations Ltted on the white settlements by the Indians, ti the prisoner's arrival at Ocklocknee?—: except one murder at Fort Gaines, which was, ai.out the time of the prisoner's arrival. ti don ; .; have you resided among the Indians; •ii Court whether you are acquainted with li.lo language, and how long since you learned i..tve resided among them 1h years, and have tend their language 12 years. -nu beiieve the Seminoles would have corn to(- business of murder and depredations on :Ate .ollie:nents, had it not been at the instiga ' the cisoner, and a promise on his part of pf. , :::tion?-1 do not believe they would, • tl.ey had been assured of British protection. ;c Ce.et.—What was the light in which the :.e.e , !ived by the ho.,tile Seminoles ; was .ta aet:,o..ised agent of the British Govern different Chiefs always represented him t. i!. iintNs recognized the letter marked G. and A rir ithilot, a; being a copy of the one al tes:inlooy as lost. P..sener—Are you acquainted with the pri- loner's hand-writing.?-.I have seen it, but cannot say I am acquainted with it. Is that which you have seen, and say is the copy' of the one you lost, the prisoner's hand-writing?—lt looks to be his but I cannot say positively. Was the prisoner considered as the agent of the Se minoles at the time those murders were committed? ' I had not seen the prisoner at that time; , liat the In dian Chiefs told me the prisoner had reported himself to them as an Engli;h Agent. Where did you understand the prisoner to he when you were taken prisoner?—The Indians told us that he had gone over to Providence, but was expected back by the time we should arrive at Suwanev. Did you not request the King liijah to prevail upon prisoner to g ive you a pa ss a ge in hi s sc h ooner to Pro . vidence?— es, but was told the prisone:- refused it; stating, that if we were force.l upon him, he would blindfold us, and make us walk overboard. What were the reasons given by King Ilijah for the prisoner's not granting your request ?—King lli jab stated, that the prism= was fearful of meeting with an American vessel, where we should be taken out, and he thereby lose his schooner. Edmund Doyle, a witness on the part of the prose cution, being duly sworn, was questioned as follows: By the Judge-Advocate—Do you know any thing that would lead to substantiate the charges against 'the prisoner now before you?-1 know nothing but from common report. Minns Fulton, an evidence in the present prose cution, being duly sworn, testified the copy of the letters from A. Arbuthnot to General Mitchell, agent for Indian affairs, dated Suwanev, Jan. 19,1818, and marked No. 3, as acknowledged by the prisoner, to be the same in substance as one written by himself at that time ; an extract from the letter was read. (No. s.)—Fxtract from a Letter written by A. Arbut!n to General Mitchell, American Agent for the Creek Nati:):! ui Indians, dated lialtwahnce, Jan. 19, 1818 " In taking this liberty of addressing you, Sir, in behalf of the unfortunate Indians, belicyc tne, I have no wish but to see an end put to a war which, it persisted in, I foresee mtt:t eventually be their ruin, and, as they were nut the aggressors. if in the height of their raze they committed any excesses, that you will overlook them as the just ebullitions of an indignant spirit a vinst an invading foe.—l have the hottour to he, &c. " ARDUTIINOT. " By Ord,. r of King I lijah and Dowler,, acting for themselves and the et h, r Chiefs." By he Prisoner—Where did the prisoner acknow ledge the letter just read. to be a copy of the one written by himself ?—ln the encampment before this place about the 6th or 7th instant. By the Prisoner—Was not the acknowledgment when he was a prisoner was. By the Prisoner—Did you hear a gentleman say to the prisoner whilst in custody, that thole who re commended die scalping-knife and tomahawk should feel their keenest edge did hear a gentleman say, that those who excited the Indians to the mur der of the unotrending, should feel the keenest edge of the scalping-knife ; but, as well as I recollect, that uly:etvation ivas ant made until after the re;vat ed iv. la ,Uncat of the prisoner Of hat , ng written the iA.Ler. By the Court--Was not the confession of the pri soner to this letter made voluntarily and without any constraint whatever ?—I conceive it was. The evidence on the part of the prosecution being closed, the prisoner requested to call Robert C. Ambi ister as one of his uituesses, against whom cri minal charges had bccn filed, and who was in cus tody on account thereof. to which the Judge Advo cate objecting, the Court was cleared to take its Sense; when it was decided that Robert C. Ambris ter, now in custody for similar offences with the rri soner, cannot be examined as an evidence before the Cow t. John Lewis Phenix, previous witness, now- on the part of the prisoner, being again sworn, was ques tioned as follows, viz. By the Prisoner—Was there any other vessel at the mouth of the Sahwahnee River when Ambrister seized your vessel ?—Yes. V, hat vessel was it ? Was it not the vessel which Amblister came in ?—lt was a sloop, and I under stood Ambrister came in her. Did Ambrister ever mention to you who recom mended him to seize the prisoner's schooner, or who assisted him in stimulating the Negroes to do so.'-- No. 1 understood he came on board of his own accord. By the Court—Have you, since you commanded the prisoner's vessel, ever brought any arms to that part of the country?—No. I brought a quantity of lead and tin kegs of powder in the last trip. John Ribislett, a former witness on the part of the prosecution, being recalled on behalf of the prisoner, was questioned as follows, viz. By the Pi i,oner—Are you not of opinion, that the letter which you say was written by the prisoner to the Little Prince, is now in the possession of the Little Prince ?—After reading it, I returned it to him, and believe it to be still in his possession, as Indians sel dom destroy papers of that kind. The prisoner iequcsting some tjme to make up his defence, he was given until to-morrow evening , at four o'clock. - " Fort St. Mark, 28th April, Four o'Clock, P.M. " The ltecntder having read over the proceedings of the Court with closed doors, the prisoner was re called into Court, and made the defence marked (K.) and attached to these proceedings. The doors were then closed, and after most mature deliberation on the evidence adduced, the Court find the prisoner, Alexander Arbuthnot, guilty of the first specification to the first charge, and guilty of the first charge— guilty of the second specification of the second charge, and guilty of the second charge, leaving out the words acting as a spy. They therefore do, on the most mature reflection, sentence the prisoner, Alexander Arbuthnot, to be suspended by tke neck until he is dead, two-thirds of the Court concurring. " EDMUND P. GAINES, " Major-Gen. by Brevet, President of the Court. " J. M. GLessec, Recorder." DEFENCE K. d , May it please this Honourable Court, the Pri soner arraigned before you is sensible of the indul gence glanced by this Honourable Court, in the era minatiun of the case now before them. It is not the, wish of the prisoner, in making his ,defence, to try the patience of the Court, by a minute reference to the voluminous documents and papers, or to recapi tulate the whole of the testimony Which has come before the Honourable Court, in the course of this investigation. Nor is it the intention of the Prisoner to wage the invaluable time of this Cog% by ap, peals to their feelings or syMpathy, though 'Atm persuaded that sympathy nowhere more abounds than in a generous American breast. My only ap- Kal.is to the sound and impartial judgment of this Honourable Court, the purity and uprightness of their hearts, that they will, dispassionately and pa tiently, weigh the evidence they have before them, apply the law, and on these, and these alone, pro nounce their judgment. If this Honourable Court please, I shall now proceed to examine the law and evidence that is'relied on, by this Honourable Court, in support of the first Charge and Specification. Vin;lett, a w i tness on the part of the prosecu- tion, says, the Little Prince shewed him a letter writ ten in June last, signed A. Arbuthnot, requesting his friendship with the Lower Nation of Indians. The same witness stated, that he believed the letter to be now in the possession of the Little Prince. Ikre, may it pleas:. this Honourable Court, I will call tl►eir attention to the law relating to evidence. First, pre suming that the rules of evidence are the same, whe ther in civil or military tribunals, (Womb, 9(1.) — This point being conceded, the next inquiry is, what are the rules of evidence with respect to the admis sion of letters or papers of private correspondence, in a Court of Criminal Jurisdiction? May it please this Honourable Court, must you not produce the original letters and papers, if they are not lost or mislaid, sa that they cannot be obtained? and in case they are lost, proof must be made of the hand-writing being the same as that of the orifTinal, before they can be received as evidence? (M , Comb on Courts Martial Peake's Evidence; Cilhert's Law of Evidence.) No instance can be cited where the copy of a letter was read as evidence, when the original letter could be obtained, much less the giving in evidence the contents of such letter from bare recollection.— The only proof that this Honourable Court has of the exi,tence of such letter being in the hands of any person, or its contents being known, is the vagrant memory of a vagrant individual. Make this rule of evidence, and I ask you when would implication, con struction, and invention stop ? Whose property, whose reputation, and whose life would be safe? Here I would beg le ►re to mention a remark made by the President of this Court, in the course of this in vestigation, which was, that notwithstanding the letter was proved by the witness to be in the possession of the Little Prince, that this Court could not notice that circumstance, because there was no means by which it could be obtained. I would ask the Honourable Court, what means they have adopted, or what exer tions have they made to procure this letter? If the Honourable Court please, I shall here close the de fence of the first charge and specificaiion, believing that they are neither supported by law nor evidence. " May it please the Honourable Court, I will now come to the second charge and specification of that charge. In support of this charge and specification, the evidence is a letter written to my son. If the Court please, this letter was written in consequence of my property at Sahwannee, and the large debts that were due to me from Bowlegs and his people. Nothing I believe of inflammatory nature can be found on reading the document marked A. authoriz ing the opinion that I was prompting the Indians to war. On the contrary, if the Honourable Comt ~ti ill examine the document marked A. they will see that I wished to lull their fears, by informing them that it was the Negroes, and not the Indians, the Americans were principally moving against. • " If the Honourable Cow t please, I will make a few remarks upon the second specification, and here close my defence. In proof of this charge, the Cow t have beiore them the evidence of Hambly, Cook, and sun dry letters purporting to be written by mywli to different individuals. May it please the Court, what does Cook prove? Why, that I had 10 kegs of pow der at Sahwahnee ; let me appeal to the experience of this Court, if they think that this quantity of pow der would supply 1000 Indians and an equal number of blacks for hunting ? As to the letters named in this specification, may it please the Court, that the rules of evidence laid down in the first part of this de fence will apply with equal force in the present case. " It remains now, may it please the (7ourt, to sav something as to Ilambly's testimony; anti, may it please this Honourable Cout:. the rule laid down in this case, as to hearsay evidence, will be found without a precedent. A strong case was qatei by an intelligent member of this Court. on the examina tion of this part of the evidence. That is, would you receive as testimony what a third petson had said, whom, it present, you would reject ias nicompetent Apply this principle to the present case. Could an Indian be examined on oath in our Courts of Judica• tun? lf, then, testimony of savages is inadmissi• ble, IlamLly proves nothing. " Here, may it please this Honourable Court, . . close my reply to the charges and specifications pre ferred agaittA me, being fully persuaded that,'should there' be cause of censure, my judges will, in the language of the law, lean to the side of mercy." Continuation of the Minutes of the Proceeding% of a Special Court, whereof Major-General CAINkS is Pre‘ident, conventd by Order of the 2tith of April, 151 8. Fort St. Mark, April '2.l', 1818. The Court met pursuant to adjournment. Jahn Lexis Phenix, a witness on the part of the proseution, being duly sworn, stated, that about the sth or 6th of April, 1818, his vessel and himself having been captured by the prisoner, and he [nought to Suwany as a prisoner, there was an alarm among the Negroes and Indians, created by learning some news from Mickasuky, at which time the prisoner appeared active in sending orders and sending a de tachment to meet the American army. The witness also stated that the prisoner appearea to be a person vested with authority among the Negro leaders, and gave orders for their preparation for war, pro viding ammunition, &c. And that the leaders came to him for orders. The prisoner furnished them with ' powder and lead, and recommended to them the making of ball, &c. very quickly. The witness also stated that the prisoner occasionally dressed in uni• form, with his sword; and that on the first alarm , which he understood was from Mickasuky, by a Negro woman, he put on the uniform. The witness further stated, that some time about the 20th March, 1818, the prisoner, with an armed body of Negroes (2 in number). came on board his vessel, and ordered him to pilot them to Fort Saint Marks, which, he stated,.ke inter ded to capture be fore the Americans could get these, threatening to haag the witnesnif be dist not obey. aftlsoCoust. —Did you. svcc understand by whox and for *hat orpoie, the acelitea tiff* Into the country have frequently heard him say he came to attend to Mr. ‘Voodbine's business at the Bay of Tamper. By the Prisoner.—Did I not tell you when I came on board the schooner Chance, I wished you to pilct • me to St. Marks, as I was informed that two Ame ricans, of the names of liamblv and Doyle, were confined there, and I wishei to have them rebored from their confinement ?—You stated, you winted to get Hambly and Doyle from Sr. )I:lets ; I do not know what was your lineation in so Briar. Did I not tell you that 1 expected the Indians would fire upon me when attivia : 7 at tit. 1:n-k,? You did nut; yon stated that you intended to take the fort in the night, by surprise. Did see me give ammunition to the Negroes and lndialis ; and it so, how much, and at what time -ay. , you Five powder and lead to the Ne groes w hen you came on hoard, and advised them to make bails ; and I saw you give liquor and paint to the Indians. Have von not often heard me say, between the Ist and 90t1) of April, that 1 would not have any thing to do with the Negroes and Indians i:-. exciting them to war With the Unite I State;?--About the 15th April, 1 heard von ,ay you would not have any thing to do with the ft..i.-,rocs and Indians ; I heard nothing abort exciting them to war. Can you read writing ?—Not English writing. Did you not hear me say, when arrivin; at Sn wany, that I wished to be off immediately. for Pro vidence k--I did not ; titer the alarm, you said you wished to be off for Tamper. Did you not coy to the arritcPa you wished to visit Mr. Arbuthnot, at his store on Suwany, and get pro visions yourself ?—I did not ; 1 stated that I wanted provisions. Did I send or command any Indians to go and tight the Americans ?—I did nct exactly know that you sent them ; the Indians and Negioes were crowd ing before your door, and you were dividing the paint, &c. among them ; and I understood a party was going to march. Did I not give up the schooner to you in charge, as Captain ?—After our return from Stowany you directed me to take charge of her to go to Tamper. John I. Arhuthaot, a witness on the part of the prosecution, being duly sworn, statcd, that some time about the 21'),1 of March, the prisoner came, with a body of Negroes, partly armed, to his father's store on Suwany river, and told the witness that he had come to do justice to the country, by taking the goods and distributing them among the Nsgroes and In dians—which the witness saw the prisoner do; and that the prisoner stated to him, that he had come to the country on Woodbine's business, to see the Ne groes righted. The witness has further known the prisoner to give orders to the Negroes, and that, at his suggestion, a party was sent from Suvanv to meet the Americans. to giv them battle; w!Lich party returned on meting the INlickasuky Indians in their flight. The witness also testified to the :011ow ing letter, marked A, and referred to in the 5 peLitica- Lion of the 2d charge, as the writing ;:f the prise:ler : (.1.) —Robert Ar.:brister to Gov,-roar Catn,rtr:. " hw mar St, ALL Ws fort, 1:48. " Sin—l an rec i Lwsted particularly, by all n!!r In dian Chiefs. to acquaint your F.yeelicn.:Y. that the Americans have coininced I , cstinties with hem tv o years agn, and have a J v 4 - C!re eoll.i.ter:l6!e di .tance in this country, and are nor.- rnal.:o:: daily progress. They say I.l.q",ent nun:ber I.m cr ,„ t . ) your Excellency, but have never received one an , .wer, which makes them bolieve that lie never deli,•ered them, and will ololie diem auvii if you will let r. know Adelina he did or nor. 'l he purport of the letters were. beggiiT your Excellence to be kind enough to send them down si are gunpowder, ii,a , ket. balls : lead, cannon, &c. as they are now coniFietely out of those articles. The Americans may mit eh. dirough the whole territory in a nanth, and svidlout arms, &c. they must sunender. llillis Ilaijo, t r Francis, the Indian Chia, the one that was in Eng land, tells me to let your Excellency know, that the Prince Regent told him that whenever he wanted ammunition, your Excellency would supply him with as much as he wanted. They beg me to press upon your Excellency's mind to send the above-men tioned articles down by the vessel that brings this to you, as she will sail for thus place immediately ; and let the Prince Regent know of their situation. Any letters dna your Excellency may send down, be good enough to direct to me, :is they have gloat depen dence in my writing. Any news that your Excel :one) may have respecting them and A merit a, will be doing a great f.avonr to let me know. that I may send among them. There is now a very large body cl Americans and litdians,-who I expect will attack us every day, and Goo only knows how it will be decided. But l must only say, this will he the last eflOrt with us. 'There has b:'en a body of Indians gone to meet them, and I have scat al:other party. I. hope your ExLellency will be pleaced to grant the favour they request. I have nothing further to add, lout am, Sir, with due respect. your obedient humble servant, uootosur C. :swats-rim." By the prisoner.—Did you hear me say that 1 came on \‘'oodbine's Inviness?-1 did. By the prisoner.—Were not the negroes alluded to at Arbuthnot's store before 1 arrived ?—No; you came with tie. m. Prier B. 0,4, a witness on the part of the prose. cution, being duly sworn, stated that he never beard the prisoner give any orders to Negroes or Indians; that the prisoner distributed Arbutlinot's goods, and also paint, to the Negroes; also, that some powder was broutifit from the vessel to Suwany by the pri.. sober, and distributed among the Negroes by Nero. Some time in March the prisoner took Arbuthnot's schooner, and with an armed party of Negroes, 24 in number, set out for St. Mark's, for the purpose of taking Arbuthnot's goods at that place, and stated, that he would compel the Commandant to deliver them up. Ott hearing of the approach of the Ame. rican army, the prisoner told the Negroes it was use less to rum . for if they ran any further they would be driven into the sea. The prisoner told the witness, that he had been a Lieutenant in the British army, under Colonel Ni cholls. The prisoner was sent by Woodbine to Tam per, to see about those Negroes he had left there.— Me prisoner told the witness that he had written a letter to (inventor Cameron, for ammunition for th e Indians, some time in March ; and also told the wit- . s i t e fa Coo k, to By th e 131 toes ' w i t se en six gl t he Pr engag e ,'od; 1 a. By t he Pr pr i so ner lather a p r otitlem Wheln.d . 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