Star. — London, England, 1802-01-21 00:00:00

0 irregular manner. She then then went to her own apartment, when Paterfon and others came to Ser.. rant Berm, defiling him to ntke out an account of the fhon allowance money due to them, as they had been to demand it of the Governor. Becton warned them of the bad confcquences that might result from any force impofed upon the Cover nor ; but they declared that they would be fatisfied or elfe have his life, and would be fupported in it by a Gentleman than in the ifland. Lieutenant Poplet was at that time under arreft by the order of Governor Wall. Crofs-examined by Mr. Nomsa.—The men on ly demanded what was due to them in Governor Adams' time. During the adminillration of Mr. Wall there was no lhot t allowance when there were any provitions in the Wand, though fuch a thing might have happened, when the vac's appointed to fupply it were captured by the enemy. She was pofitive that the mutineers had gitiJ, in the apartments of Belton, that they would have th e Governor's life, if their demand was not latisfied, and alto that Kearney, and not Lewis, was the orderly ferjeant of the Governor on the toth of July. Evan Lewis being re-examined, perfilled in his former declaration, and added that he was macre a ferjeant after his arrival in the ifland, but after wards broke and reduced to the ranks after Mr. Wall's departure. John Faulkner gave the fame defeription of him felfthat had previonfly been given by his wife.— He depofod, that a man of the name of Fofet had been centinel upon duty at the guard-houte, at the time that the mutineers had called the Governor out of his 'mute. Poterfon was in cullody in the afternoon. At the time the ring was formed, he heard Enfign Ford, who had the command of the guard, tell the Governor that it was become im poffible to keep order in the guard-room. The Governor then went there, and teeing Faction breaking his arrell,-and coming out, attempted to turn him hack In doing this he was flopped by the centinel Faifet, who put his bayonet to his break. The Governor then ordered this centinel to be alto taken into cuilody, upon which Fait expretTed his concern for not having run him through with his bayonet. The witnefs then, as well as the other artillery-men, was ordered to attend on the grand parade, where a ring was formed, of which he made a part. The Go vernor was outfide the circle, and the officers with in it. Armitrong was called out of the ring, and afked by Captain Lacy what he bad to fay in de fence of his mutinous conduct, in wanting to !lop the Governor from going on board, and threaten. ing to break open the flora? To this the deceated made no reply. The Surgeon was prefent all the while the punifhment was initialing, and at the clofe of it he law Armilrong walk off to the hof pital, without being Allied by any perfon. believed nearly all the men off duty were the let of mutineers who proceeded to the Government Houle. On his crofs-examination, he confeired be did not know that the Court Martial held on the parade bad examined any witneffes. It was not held ex ally in the centre of the circle, and the Mem bers deliberated about a quarter of an hour. It was about four o'clock at the time he law the fen tine] pretext his bayonet at the Governor. The deceated was flogged only-by two black men, who relieved each other occafionally, after giving him about too lathes each, but he had not counted the wet number. It was about two months tince be was fird applied to by a thange Gentleman to make an affidavit on this fubjea. The cord pro duced in Court being flulten him, the witness fwore that it was twice as thick as that with which the man was flogged, which was no more than what they called a half inch one. Peter Williams faid he was a non-commialoned officer at Gory e, and recolleCted the day before Go tremor Wall embarked on hii return to this coon try. About eleven o'clock on that day he law about a dozen men parading before the Governor's houfe, and demanding to be pail their lhort al lowance money. Kearney was then the orderly ferjeant upon duty. The Governor refuted to camply,and ordered them to retorn to the barracks. They did Co, but returned again in the evening, more numerous than before, and led on by Serjeant Armffrong, Pat crfon, and Upton. They were very forward in infifting oa the GgvernQr's compliance, and were fecondei zaaloutly by two drummers of the African corps Arrnarong (aid, he would be d—d if he ihonld quit the ifiand till the people were fatisfied," and the party went away in a cla morous, nniiy, and diCorderly manner. They came three times on the fame day, and conduiled them. (elves with equal irregularity. He heard the three parties, Arrottrong, Paterfon, and Upton, fay, " they v:ould be if they would not break , open the Rores."—This was diitinaly :fated by each of them. He was prefent when the circle was formed on the parade, in the ufual military man ner. The Governor was outfide of the ring, and three or four officers in it, holding a Court Martial upon the deccafed, for mutiny. Orders to that effea were given them by the Governor.; but he did not hear them fay any thing to the deceafed. After they had come to a riecithen„ Captain Lacy left the circle to report the.: proco:dings to the Governor, upon which the latter communiarted to Arnaftrong, that the Court had lentcnced him to receiveBao lathes with a rope's end. He believed tire whole of the puniflanera was initiated, after which Armaronta walked, unsupported, to the hofpital, with his thin thrown over his thoulden. On his erots.examina,ion, he admitted that the men had come up to the Government-bode un armed, to demand their !hurt-allowance money; he had the farme claim as the others, and never was paid it. The times of their coming he de fcribcd to be firri at eleven o'clock, then in an hour and a half after, and the third time after the in terval of an hour. The fentence of the Court on Arnalrong he coofidered as fcvcre, and believed that in Mr. A /idols' , time no more than 700 lathes had been inflitted on any man. Charles Tints that he was a private foldier in the African. Cops, and on the morning of the loth of July, 17g1, ftw-Armftrotg, and a man of the name of Simmons, dettroy die cats ufeti in the pnnifhment of offenders. He gave' a defcrip tion timilar to what had been before mentioned of the punifhment infixed on the decealed, after which be faw him about ejght o'clock in the even ing, intoxicated with fptritb, in the hofpital. On his crofs-examination, he faid that they were on Ihort allowance in the month of June, but in July were allowed a pound and a half of frcili beef, and a pound of bread, daily. There were about 130 of the garrifon who returned to England in the year 174. Fie had been difcharg ed at Chi clicilcr, but had not figned any paper b efore a Ma giiirate, as he never could write. Captain Lacy was at Chichefter when he was difcharged. At that time the Captain was hardy enough, and the witnefs could obferve no alteration in his ap pearance. Colonel Forbes was then called as evidence to charalter. He had known the prifoner from thirty to forty years, had ferved with him at the Havarnah, and ever confidered his conduct to be coorrat, both as an Officer and a Gentleman. General Mackenzie had known the prifoner at Goree, and always confidered him as a man of humanity. The Rev. Mr. Clarke depofed, that he had known him fince the year 1794. He bad met him and been very much in his company at Flo rence, and other parts of the Continent, and al ways regarded him as a man of diftinguiihed hu manity. William Langley, an O ffi cer on haltpay, knew him for the laft - ftx or (even months, and defcribed him as a very benign and humane charader. Mr. Forbes, who had known him at Bombay forty years ago, and fince met him at Rome, (poke of him in terms equally favourable. Major Phipps was callA by the Crown Lawyers to repel the teilintony of Mrs. Lacy, refpeding the debility of her hulband ; but his teflimony eta bliihed nothing, as he had not feen him after his , return to England. In reply to ionic queftions hum the prifoner's Connfel, he laid, that he ferved under Governor Wall for four months in the ifland of Goree, and Caine home in the fame fhip with him. H ei went out with a particular recommen dation to him, and had received the kindelt atten tion; but as to his general charader in the fettle ment, for humanity, he knew nothing, except what would be merely a ftatement upon hcarfay. Mt. Poplet Paid that he knew Captain Lacy af ter his return to England, and confidered his un derftanding to be as perfed as ever it had been. He had been ill at Goree from excels of drinking, but recovered afterwards, and was as well as aver. He did not recoiled who was the orderly ferjeant on the loth of July. Mr. Fetrict: depofed, that Captain Lacy was very well after his return tr, England, and he knew of no illnefs be had, r x:ept what had its rife in hard v :is I , ere crofs examined by the prifimer's Courtier, and faid, that he had formerly been clerk in the Secretary of State's Office, when Lord Gorge Germaine held that fituatiim ; that he was difmilred from the Office, but received, at the fame time, a commiftion from Lord George in the ar my. His difinifral was oecafioned by an anony mous le.t.r, written againft him its a newfpaper, and he found out the author to be a Mr. Deme rand, who made him an apology, which be imme diately took to Lord George Germaine. The let ter accotred hinvof making zo,oool. in the funds, by difclofing official communications, and was un true with relped to fads. He did not know whe ther he might not have been polled at the Royal Exchange as a lame duck. He might have given to a Mr. Mhburnham, a (ilk mercer, at that time in Newdlreet, Covent-Garden, fuck information as raying whether the news was good or bad, 'ant 'did not 'know that he was concerned in the funds, and linU no dealings of that kind himfelf. Serjeant Butler, who was at Goree at the time of dick traufadions, was again called, and fwore that Lewis was orderly ferjeant to Governor Wall on the loth of July, and not Kearney, who was only a corporal doing ferjeant's duty. Serjeant Ileifitn, on his re-examination, denied that the men had laid to him they would take the Governor's life is he did not 'comply with their demands. They did, however, apply to him to maize out their account for fhort allowance, and I mentioned that they bad been with the Governor, on which he remonttrated with them, obferving to them the ill confequenccs that might refult from any violent or diforderly proceedings. Captain Wright was examined, touching the character of the witnefs Williams at Goree, where he had the character of a great liar, and, for his own part, hethould not believe him upon his oath. This doted the whole of the evidence offered in this Cdtie. THE CHARGE. The Lord CHIEF BARON then addreffed the Jury to the following creel The cafe now before you, Gentlemen, is deferving of the molt &loos attention, in many points of view. It is in many refpeds, of very peculiar importance. When a well-intentioned officer is fituated at a great dif lance from that affiftance and fupport which he might otherwife look to from his native country, the national interelt, as well as his own fafety may foinetimes require of him, and indeed place •him under the neceffity of ailing with a vigour and de ciiion which, in other circumftances, he might not be warranted in employing. The ftrongeft minds may thus be thrown off their balanie, when under the influence of alarm; but, on the other hand, the very circumftance .of diftance, which, while it re moves them from the fupport, withdraws them alto from the immediate controul of their fupe riors, require that their conduct fhould be free from any arbitrary, capricious, or malignant mo. tives. Your bufincfs is to enquire whether, in the prefent in ft ance, you have a cafe in which human infirmity, under the impreffion of fear, might or might not have overleaped the hounds of Office ? The prifoncr at the bar, you find, was Governor and Colonel Command ant of the ifland of Goree. It is nccelTary that you thould be poffeffed of what it is that conftitutes in law the marrow of the crime of murder, which I can do the more ealily, as t am enabled to lay before you the very words of the gresteit authorities upon this fubjed. The malice• which the taw requires forth! elri blithment of this crime is not what is vulgarly called fpite, but the inflinion of death from wic ked, corrupt, and deliberative motives. Toil 'will judge from the evidence whether the circurnflances indicate even a careleffnefs for the life of man, and that you mutt do by weighing the quaniitv and portion of the punithment inflicted. We • :tit know that thefe drum-head courts martial, like all other courts, have a clifcretion to exercife.— They are generally held upon emergency And th e fpur of the moment., but are not tempt from being bound by the rules of good fenfe and huma nity. Matters and parents have an authority to cot , rat their fervants and their children; but they mull not ufe that authority in an erceffire manner,. nor in au inordinate proportion. Thc law will not proton them for inflining five or fix hundred Rripes where half a dozen may be quite fafficient. No apology can be made for an exce(flve quantity of . punithment, even with a proper it:Riument, be caufe the long continuance and feverity of pain may be produnive of as fatal consequences as would refult from inflruments of a. more moderate de. fcription. N:ither is any man authorifed to place another in fo perilous a predicament as to make the prefervaticn of his life depend merely on his I own prudence. You will perceive how thefe ob- I fervations apply, on reviewing what the clideretit 1 witnetTes have Rated refpening the deceafed per. fon's having battened his dilfolution by the tile of I Rrong liquors ; for we all know the vulgar preju- I dice by which the lower orders of the people think, that even in thofe cafes moil expofed to inflamma tion, they are right in the attempt to keep them (elves up by the ufe of fpirits. In the comic of the evidence, it cannot have efcapcd you, that there have bccn many contradielirais, and this is not, perhaps, to be wondered at, in reciting tranfac- Lions at fuch a great diflance of time, but remetn ber that the delay is by no means imputable to thofe who profecute. You ss ill be careful to corn pare the different degrees of credibility to be at tached to the jarring te,iimiinies, and in reciting them I !hall endeav ,, ur. as I go (41 in the recital, to aftift you with fn. i, . ofervations as occur to me." His Lorcifhip then proceeded to read thi-fe notes winch he took in a very ample and carcful manner. —When be came to the evidence Gf Ovecn .ii,sl Clarke, his 1.. ordthip ordered them to be coaled in feparately. Owen being asked agaia who was or derly Serjeant on the day of the mutiny? aufwered that it was Lewis; of this he was certain. The fan.e qieftion being put to Clarke, he laid he could nor tel. His Lordlitip next noticed the letters tent to the Secretary of State. There appeared in ti..A . ,..• letters an anxiety to Rate minute circumflances, as the arreft of officers, !late of the provi:inus, &c. yet it was very remarkable that titer! ! ::.,:. —•... tained no account of the mutiny of the corks. i ne Priibner had Rated, as his realen for withdrawing from trial, that paragraphs had appeared in moil of the newfpapers, nufreprefenring the traniliCticri, and that men's minds were greatly prejudiced aping him. However malignant thefe paragraphs might have been, it could ecarcely require an in terval of eighteen years to dearoy their effesft. The firil evidence for the defence was Mrs. Lacy, and what the had Paid, his Lordfhip obferved, was of the greateß importance, and deferved the molt mature confederation of the Jury. She had Rated that her hufband fell into a bad Rate of health in confequence of having received a coup de felr.7.— She at firtl Rated that his illnefs was not filch as to unfit him from being a witnefs in a dourt of juf- Lice ; but, recollening hem felt; the remarked, that the had anfwered too rafhly, and the was convin ced thathis mind was not in a Rate to enable him to give evidence on any trial. There was another material point of her evidence, namely, that the orderly ferjeant was not Lewis. It was neceffary fir the Jury to confider well this part of Mrs. La cy's ilatement, for if they believed her, they could not give credit to the fans related by Lewis, who Rated that he was the orderly ferjeant on the day of the mutiny, and makes his being in that lima. tion his caul:4 feientio. ft was obvious, that if Lewis's evidence was related, as to that point, very little credit could be given to the whole otitis Ratement. The Gentlemen of the Jury wouldthere. fore bear in mind the two principal objets the pri- , fonerhad to ellablith by Mrs. Lacy'seviclence, name- 1 ly, &11, that the coup ckickil had rendered her huf band incapable of becoming a witnefs in a court of juflice. If this was believed, tt would in fame degrce account for the prifoncescondultin avoiding his :via: while that Gentleman lived, as his evidence would have been of Tier ufe either in the profecu:inn or the defence. Secondly, that Kearney, and not Lewis, was the orderly ferjeant : if the was to be believed in this, the evidence of the latter would fall to the ground. There were great differences in tits evi dence of the witneffes, with refpet to the numbcr of the perfons raid to be in a tilde of mutiny. Peter Williams, a non-commiffioned officer of ar tillery, Rated the number of perfons who came to demand the payment of arrears to have been only about a dozen, though Mrs. Lacy made them amount to feventy or eighty. Charles Tims Lid the mutineers amounted to about thirty ; but this Witnefs Rated one circumflance which would not efcape the ohfervation of the Gentlemen of the Jury. He ('wore, that when Mr. Lacy came to Colchefler he had the command ofbis corps, and that he conti nued to . command it for fome time. This was entire ly contradinory to Mrs. Lacy's affertion, that the coat de fokil had incapacitated her huthand from being a witnefs ; and was a very important point for.their confidcration, when they came to deter mine whether that Lady's evidence Mould Rand or fall. The prifonct had called feveral pirfons of very high refpenability, to give evidencnts to his charader. Colonel 'Forbes, General Mackenzie. the Rev. Mr. Clarke, &c. had all given him a ve ry goodcharatler for 'humanity during the period they knew him. Major Phipps, who refided fi x ' months at Guree, alio gave the prifoner a good charaner, fo far as related to himfelf, but when ailed what his general character was in the fettle. tnent ? which' indeed was the proper queßion, he would not give an anfwer. He had rectived a letter of recommendation to Governor Wall, and it appearedhe had paid attention to that recom mendation,by ufing the witnefs well; but he could • . --' , It -Ai r t;; 71" , .i• •r !tot fayellat!the clia I.ia.. Tent le pry." ) .,- _. . . Was that which Le had licatd (4 Lint in rue itiand . . . -LWith regard to • Mr..Lacy's Ability to hecomc a \vitnels,.Winit had fallen, from t" p. ~ t the ether ie. lacytt i le o i n l r , e : o:f s i tnl trotlteinJury.,to b t r a ;. d 4 I i C , ~‘ . . .4 1 -t ' i i:i i , . : I' ;l: e i ‘ i i ' l l . )' i : e r e : t l :h r a i u il r i: , , i • t l , l ; , : l i i i t e .. N: - . Jr, land. And Mr. Ferricin the Surgeon, tin c,!, that. Mr. Lacy had been fie - t nnc time deraii: •t, and in had heelth,vet ilia' he at no -.‘ I; .., reeoverel, and was in ) ; ,.0..1 licalth.-11a01:.: :!: ix thion,.::, the: niiiiie of the evi.l..nce, his I. n -. 1 .1.Hi, ad , 1!,:i:..1 a few general oblervatiiais to the JiLy. 1:e :,;;;, Gentle Men, the main qin.ilion tor your ci•;!!i. a... tion is this, Was thine :1 mutiny, ..1 e (.7 no i If there was a ninthly, it lieu beci•mee yonr duty to enquire whether the pritimer was under the nee '1 fity (of rLprtfling it in the manner be did. 11,- evidence for the prolecntion gays this AV:;S not iii, cite. 'the foldiers, it :ippeined fri in that pair of the cent:nice, were going to the Comm:ire y's Office, ri. , r intending at all to addrels !hi:Jel l-elves to the Governor, in the toll in4l.met. . Their eibeft was to claim the arrears which were due to teem; but meeting the orderly fe:jeant, fame conveztition enined . between them and hirn on the fabjea ot their application. It will be re collected, that the foldiers were preffed for time, - as both Got ernor Walt and the Commiffary were going to leave the liland neon day. It therefore was neeetlary that they fhould make their claim at did: time, as they were form, to. he deeprived of every opportunity of urging it. Th. ) : applied, it is laid, in a quiet and orderl:.: -reenter, without any appearance if mut:dy. the defence exhibits a very diffrrect piaure ; according to the evidence fur the PriiOner, all was confution and tumult Thc fuldiers on guard are hated to have refuled to detain a prifnner, and one, it is laid, turned his bayonet againti Governor IVall. There is, Gentlemen ot the Jo: y, a very wide difference between there evidence , . -and it is your duty to dircriminate the tree born the filly. Tiler eis a wi to difference betneen the thlicita•ion of men whhout at ms, and the timaillu(uslii.mandscf arm !ed mutineers. It is intriaible t rein mile evidence of In connadidnry a nanit e. There mull be grids extenuation on the one part, or unaceountahle ex a..;getati.in on the other. You, Gentlemen eir the Jury, will maturely cons der whether the pii;;.- ner was placed in that fituation in which a g 0...! of- I ficer is under the neceffity of aaing with the great- I ; .. `"everity, or whether the whole of the defend! !Las been contrived for the purpo:*e of tsc tiling that trathaion which has taken plaecE this, Cell i dernen, is the great point for your conlideration. If you think there was no minim', then the x'..: - .l.e.T's ~-. ...: " of 770 avail. if there w a s 3:. ~..), wen you win Mrs.: to c.a.tider wheti . er the ptmithment was not aniinliiiab:e, and whether the in:lrument tired, and the manner in which the pimidinient wasinfliaed, e not cf filch a nature a:, to imply malice nropenfe, as I yointed out ht the 7 , :,w..eneement ‘,. ;Ply olifervations. It you are fatisfied that there was e .e: •iny, and that the prifnner was placed is a lituation in yllich it was abfultitely necefhiry hit: him to e:.cl; leveller, t?:en I have Mr. Attorney-General's alithinity to trap. port ir.e in flitting that he.ought to be acquitted. But I fee no medium between the one and the other opinion. Either there was or there was not, a mutiny, and, by your decition as to that ps:rit, the nature of your verdid mutt be regulated. If however you are of opinion that there was a mu tiny, aid you will hen en as I have already obit:te ed, to confider bow far the perfons decea!:n; ev e ; e regularly condemned, and whether the Iman:colt I intliiled was not unwarrantable, and beyond alt meafure, and whither it juaitied that charge of Malice aforethought which was made agaiMt the: prifoner? I ant tinily convinced, Gentlemen, tisat the verdiel which you will give will be jut! and im partial. If any rational doubts atilt ill any of yor r minds, you will not fail to-lean to the fide r,l TLC.) - cy, and eo allow the ..vhole weight of theic eintil.ts to preponderate in favour of die prisoner. . The Jury retired for about three quartets of an hour, and, at their return into Court, the Foreman, who was evidently affaled, pri .:onnced in a low and tinkering voice their verd::: of ‘, Guiliy." After a Ilion pau!'e, the Clerk, by direction rf the Court, put the formal queltiun to the tiftfor 7 tunate Prifoner—what he had to - , why fentence of death thould not be paired tv him accordie.s. i t to law ? Mr., %Vali anlerered to tlis el.Tezl-4 , I pray a little time before the execution of :he fentence." The RECORDER then, after an appropriate and pathetic Addrefs to the Prifoner, tith:ered with much folemnity and effea, proceeded to pars tLe fatal Sentence of the Law, which was, in fublial:ce, •' That he, pfipb ibia, be taken to the play " from .whence he came, and from thence, on Fri " day next, to a place of execution, there to be " hanged by the neck until he be dead, and hia " body afterwards given to be anatomiled anti " ditheaed, according to the itatute in that cafe. " made and provided. Prifoner, the LORD have " mercy on your foul." Mr. Wall heard the Verdi& and the awful Sen. tence of the Law pronounced, with a calm re. fignation, betraying no emotion of either agitation of fear ; and was then removed from the bar. . The Jury were thanked by the Court for thz pa tient and carnet} attention which they paid to the cafe before them, during an uncommonly long in. terval, and were difeharged; and at eleven o'clock at night the Court adjourned till the 17th of F.. bruary next. An unhappy accident occurred during the abcv4t-- trial : Major WINTER, of the Artillery, who had come to town from Woolwich, to appear as a wand's in behalf of Governor Wall, ju It as he had Ilepped from his carriage, and was afcending the peps leading to the Court, fuddenly dropped down in a fit, and was taken to the Rae Coffee-houk, where he expired in the courfc of two or three minutes. LONDON: Printed for the Proprietors, by JOHN DA NI ht (of enrnaby-ftreet) at the STAU Pau NTltlo-01Y1C11 No. 1, Carey-ftreet ; and pmhlifhed by LEVF,L KENT, (af Ca! • ttrbury-place, Lambeth). at lc o. r, Carey-ftreet, and at •Le 9raa-orrca, Te.nple-Bar ; to which Office all cottamuri flocs Or the EDITOIL arc coquetted to be aildcelfa. IP