The National Register. — London, England, 1816-11-25 00:00:00

from the Almighty God; but lietleclared he W 44 ugly Guilty at an acceesaty. At lest he . pleaded Not Guilty ; and was consequently put upon hie trial. Sir 0. Robinson, the 'eines- Advocate, stated the rasa to the Jury, as it W4s detailed in the following eVidence.—J. "t a ins alto was mate of the Creole, of Plymouth. in June and July list. She kft Smyrna in June, tionnd to lerrysdon, T. Jain-mil being master of her; Verney wee one of the sled men on hoard, and . Smith annthei ; W. Mason arid t). Rev'. ding were aka on board. They were sit in all. They ha I three packages of doubloons in the vessel. which was know,' to Forney. On the mar .ine of the gist of July wlt.iess left last— ve.ttelt et four o'clock, being relieved by the (754.114, Furney, and Smith. Wituete, Mason, and Redding, cam posed the other watch, the coast of Africa cod Algiers bein.: Then distant about 83 macs. liatrina beets relieved, witness went to %letup in Isis cabin in the etaeraor ; the other two men, Meson and Redline, slept in the forecastle. I'lw Law morn ' fns, about seven lunettes past eight, he WAS awoke by a nil .e of driving n.tils ; lie I totted throlagh the crevice of bit cabin dour, and saw who was driving the nails; hut Wit- Ws. did nut tiles think lie .VA• mtkiog him filet in his cabin. Wetiteas tohl lii .n to leave off, a n d not dietiwb him. He then looked at his watch, and finding it elzht o'clock. he got np tor.•ii,uve the Captain, an I Forney went upon deck. Iturit *es, then endeayon eil to push the slide•iloor of the cabin hack, hid l'otlnd 'it fast. He then rail ol to thaw on deck to let mai out, as he. thought it a joke on him tor having over slept himself. He could see the prisoner standing by the comaonion latteitsvay, who told witness he wee a prisoner. Witness asked to whom; Furery:told him to oak no goes. Cone, as he would know more about it by-auddwe. Still thinking it u triek, witne-a lay down saying' if Hwy wertoutas tired of tiptoe upon deck, lie was not tired of brine Write, In 4 few minutes• he became 'nneaey• tel sai•Lif times' did not leflii at out he would burst the door open Fur bey sold lie had oetter not , at be was is prisoner, and wouli far it' it lie burst the dour. Forney then went opus Merit and-steered the door of tier eolaiianiOn it/Itch's - Ay. an I Wit • netts rein Aura In Inc eosin. Aho d ten o'cleck Furnev ra oe down, and asked willies* where the ('ant tin's journal was. lie Warned t know wh a Isolate and ,urtgitorle they were in. Wituese said, ii lie would let bon not of the be would abew hint ins the c .art whelp the s roe' was PrisOliels let witness out, who skewed him here the ah.p an.l asked where be waited to earry tier to. Pr:totter said, to some sat ill pall b try, hut ne shoed mow by I/War. Witness pointed ont to , ' rat, and at last the prix titer made els ace of a N 6131111 ~ay, about fiats , •nile• off Witness then 1 - floated wile hi it, mod t him tie roold tevet these his face iu England a .ain. lie said he td l not intend it, 4. there 41a5liways one refuge to Ay and that wow to nun Tisr.. A.lllOl heir pint eleven they made die land, and For ▪ (OM or artiness and toll he most all 111,1.011 and testier himself to be ma le fast. tie ul.tl a, dnt Fug es leshel him, with a rope u•oi I hie to a stmiehoupti. Smith attest-over burn - with' a 144 4 / 1 1 SW/le/1. $ With ore Forney then consulted, a d arter 4 . 5111114 interval Fin iy.e bloke open. n bus, tee lied( two hag , of In,htnuu., which they divided, taking alto the Citroen's clothes. The winless refold-sr to take an it olt not to divulge what had hospensol, S slier said that would not do, and destied WA. ding, the boy, to tura the grin letone while Ise alio: wised th • swot d• let tif unwires% The evrni•l was shalom-eh A. WO past six iu ;Ise evening, they g u t within two pile• o f the lewd of Cape Didelles, whirs Fie 'try wanted to take iho boat, and go auditor; but einith wunid not let him, as lie wanted to go to the emote urd of Cape Oolelles, to the as el bay. •Wittiess Aided with Fri . y that it was (longs:rens rin the vessel oaf shore, beesivac was very sharp and tender, and 'might ca p size. lii: did so, to get them to faa out. Tine 111 ((impute, and Flom" , w •nt In ho,.k the' tackle to bast th'eboat oat, and Smith wou'tl not let hi is. Wittiest' had 110 Apportiluit to tell Ilas.in that he though) it time to re-take the vessel, h,tt he made a nattion cult his head, seiner he saw be ender:tout!. Mason went to Fiwnee, and told him that &he would get the sword (roan Suit th, they would take the boat, and make Smith do as they thought p r .. per. Furney went behind Smith, and pulled the sword ( oat Km. Mason theta asked Putney to let him have the sword, whirls hedi I. As soon as witnees saw Mason in posseesimi of the sword, hr wigged' a innaket, which .11itson had loaded nerkonwn ti Smith and Frieney; and clapeed it to Smith*, pat , and said he Woad blow hill Whine not if he offered to make the least resistatice. Mason seised Smith, and Furies was standing astuna.lted. Witness thought it prudent to flatter Fut hey, and' asked him to assault Mason and the boy iu miaow ing Smith; Mad then he would give hint the n .at to go on shore, which he attreeti to, and accordingilid assist in %retiring Smith, whom they pinioned, anti landed below In the f reoastle. When that sass dnue, Forney wooed witness to fuilil his pro ruiw'of putting' hint ashore; but lie told him he mood be no wools allow a boat from the ship. Forney then began to cry, opt said he was a &adman. They then got the yesiel'a head if the land; and haying collected the money, they vent him %low into the c•ptain's cabin, and ordered him to go to bed.knee, locked the iloorllo him. Smith and Furdey.were far gone in liquor towards evening. Ott the morning ante gad of July he , saw several marks of blood on the cable bead. lettere Putney toad witness the captain hod slept, hand was also spattered on the outside of the qnarter deck. Witness sniseiof a ea are e call, %kWh .ought tut have been on the table bend Witness told Formy ft equently that he would he h.inged, and begged him to prepare for another wail& Fiiiney toil witness that 8'014114d into - den-it Capt. Johnson with a haul-pike, While he lay asleep on the Agit:tress:lit, by ettikillt hint ott the brad, and then threw the hotly overootwil,. in the square-sail; hilt he denied having any hand in heavinu the body overboard himself, yet he admitted 'wing at the h a lm, and seei.ug it done. Prisoner told %toluene ti (meals that the money was 'the inducement fur toinusitting. the ' :twitter. W. Mason, seamen, awl Redding, the boy, confirmed tin evidence of On* asitures. The prisoner said, he had no defence to make. He was guilty as an accessary, and leservi 4 to tuft death. He Mimed that Almighty teal would prepare tarot for et befal l& fatal t dirt ved. Mr. Justice Holu it. d summed up the evideure; and the Jury, without hesitation, ettoel the prisoner I indiy R. Smith was diets put to the bar :)unit with t'. Forney: when Sir W. sirolt pecomoneed the awful gruesome ut' the low on them, fait they sh a Id be heated 1/11 W,llllesil/IS, and their bodies given to the surgeons to tee Illaseeted anJ anatomised ; ha, as the tide did not sera e on Wednesday, kiwis execution was afterwards in-doted to be deferred till There. day. William Hosting+ and Devid Unite were capitelly untitled for ptiaii,ni,y ma feloniously eat eying awes' the Roehoci. booed hie faminiid fn i ts , roast of Africa, laden with alma and ehsphante teeth, of int tiense vitae, the property Jobe (korai: Esq.—The crime for Which thew kris sutlers were indicted was committed on the nth of ',jay loot. while the g .ebtich was lying of the coast of kfrimt, titres. er Oar WU" Tram the th , we.—lforica Crew, mite of Ole 'wet, Wall the ;is leader, and with the prristagetref the tro pri soners and two other seamen; named Howells anti Short, 1(ot po•session of the vessel, first securing below the captain, Thomas, and other., who had got entered into the plot. The captain asked Crew to give him the ship's boat and four hands; Crew refused, and he theo asked fora entitle sad rise hand ; Crew refused this also, and added, be shonld have lb 14r next day, lout such a boat at ahwitd never *mock shore. Capt. 'rhythms said, Thank Cited I have no friends to lament ny loss." About midnight the whole being nearly intoxicated, one of the crow na twill William lloyd, who had planned with the captain to retake the vessel, attacked Crew with an axe. is he was lying on the deck ; a contest ensued, which ended in Crew luring killed; Short WAS*ltovrd overboard.; Hastings wounded, and the vessel at length retaken. The Jury pro I flounced both prisoners—Godly. Death, bat recommended them to mercy ; in .• high recommendation they were joined sty dr. Nicholls, the prosecutor, woo stated to the Court, that -luring their voyage lining• in the luconstsch, they conducted themselves so well, that before they had proceeded fie on their voyage, Sir James Yeo ordered theta to be (brew. • hewed of tie r irons.—Sir William Scott, in passing the awful •entence of loath nit the h. oaserved that the recommendation should lie transmitted to the Prince Regent. • J. Slavers war iuJicted for violently assaulting-J.T. Gibson, on the High seas. J If.. Rri,zv was a sailor on board the Thames, Soothmen.. man, of which Mat ers-was master. Gibson was on board, and was ab tot 11 years of are. They roiled from London to the moist of Peru. On the 10th of Notch, 11114, there wass scuffle between Gibson and Dencan, amdlwrlnd; the captain hat them into his eatin, an I punished them The Cootatie "sine eat 'lea, and said he had .wen giving them a small taste. 41mist the 12th or 15th of -411Anst, three hod heel , non , bread snag by Dimmn by accident ; and the Captain had ?lid' tied hand and foot to a gun, and gave him about a dozed with a cat-o'-nine tails MI his, bar' undo. Tbe other lays were poitishe lat toe same time. 'file Captain made the him. eat the bre ill ;Ivey hod spoiled. Smite time in Novettuter there -Vas more 'tread sow, lint not ,nigh. It could not be got out . !if the ul ire where t .vas •vithont spill - rig, and it got among casks where the lm,-s :conlil not get at it. Gibson and the nth, rs were tied op and dogged again for that offence, by di , • ection of the Captain, who struck the tow that dogged with , rope's mid when he di 1 not hit hard enonah. 'Chat was a . sever.. ii .g. ! : a ng,,Theo were again made .to eat the putrid Brea I of .tree Own seur on the Antiulcer boom with crow oars in their h suds, *here they were made to sit 1 ."“ e "' r"or S. In Nov 141 a, ,it •n they wen• nil the G illipago. Is. Is, ( " S " had some ditty t'k dies below, awl D ue of the Am mid th: on the ca-stern, were the Captain saw them, to I calla I G.bsan up Hr was thin tied to a gun, and the lefemlaat gave him emir d ,sen tin his bare body, till the Mood eame in drops sod fell on the deck. he hay was in good nil hat this tine. Toe Cap'aiu made lint sit on the spanker -et't n with a cro-i bar in his haul. He fell on the sky light, ,std broke, uit his Call, several squares of glass in it. tiler ha boy had thus fallen on the deck, theCantatit took a rope's ;id old started him no again. The boy was on the boom three or four hoots, with the-crow bar shouldered, as a tidier lbws his musket. After the tiny ha -I come &twit, the Captain sent hi n out to the tlying.tib union-end to stow the and wait there until the Captain told him to come He wa , : there near three hones pare. Seen Knee this he nay had a bleibuer boil on Ilia Lire, from being among the al. Alwatirthe middle of June, 1415, the nay ti legs began to !swell from scurvy, for Want of rPtlrtielle4. 04, the 10th of Jade the Captain gave him a very severe. Ireatilift with a rope, whidi witness produced t anont the thickness of a luau's two thumbs. On the sth or nth of July, the WIWI:eel! lan, had riot beets ttimined by Courson,. whose ditty. tt wits; and the Cap' tin gave the buy a very 'nurse of whack thr boy foil down, apparently through week nest, and chile lie w (loon, the captain stench loon till his omit .vas of all colours. In witness's opinion the boy was at this time ill, bat the Doctor said he ail, d nothing. The boy died wt the 18th or 10th of July. Thu day before he died he Was lyiog on the staiboaril side of the skylight: his diaiwr was brought to hint, hot he did not eat. Ab.:at two o'clock the Captain brouAtt the ea: o...tine-tails, and threatened to 4,1g . ,111111 if he did um eat. The boy said nothing, hot held his hand out towards the captain, who said, " I will see yam .r 1 --41 first," and snuck the boy on the arm with the cat. 'file Doctor is as present. Toe boy remained on deck till five o'clock, when his eyes became fixed, sad he was carried be low. 'Cite next morniug the hay was fonnd dead, Witness e s amiard his body, and (onto' Ito part of it free from marks of beating. Soon after the guy's death, Templeton, the car wntcr, delivered two letters to the Captain which had been taken out of the boy's peeket book. One of them was read, and the Captain tore it up and threw it overboard. Cross-erinistried.—The Captain always told the boy for what tic pniiisheil him, the. Captain dogged wit.ii‘tits Withal, a shirt, tint not for stealing; he Rugged his own brother, and most of the crew. The witness hail entered an action against the C iptain, butt his Moyer had advised him to drop it; witness was flogged on a charge of stealing mutton; witness saw in the paper's an account of Captain Slaver's eXaillinaliuri or shiadwell office ; but he did no; go to give his evidence there ; he never said that his reason for eiving up the action was, :hat when the Captain came to be tried, it wig d not be thought he had a spite against bon. It. Coombs, a .WSIII.III also on hoard the Thames, corrobo rated the evideuee 41( the for Mer In his crometainimition be stated that he ilfid a sitnationas labourer In the West-lndits Ducks, where Gibson's father is head constable. • S I thers of the crew spoke to the different ruttish omits the boy had received, a- detailed by the In st witness. • flue morning before the buy died. lie told one of the witnesses 'hat he was dying, and desired the witness to tell los lather. !low the Captain had used him. R. Gibson, tattier of the boy, deposedltsst Captain Steven never gave him information of his AIM'S &trail , . :11r. Andrews addressed the Jury 061 We ;art of the defen- last, and then called J. Younger, who war son-aeon nn 'Jailed the:lit:tines, in this voyage. lie was not always on Bond terms with the Cap tain, Plor hail WWI formed any in ire particolar aevailitanre villa I . lie reniesitheted the hos Gibson ; .tad ins oe co,,, u ur, 11, which was ab.mt two month% before In. death. Oid.ou , rid, during his Mlles.:. stria care J• the %hip Miliordell. %VIM. VM{ aIIJKed him. kOite of the wititc.ses for too pro.ecuitou t•witre ke had none.) The hay had ail the.s)ii,. thordeJ. The toy was nut wore dirty thao the other buys. tie way punish ... .4-vend times for hying his tinthes duo,. Witttessrecol eeted the tioy's being flogged at toe gun. tat did out recollect the usintber Gibson" received,. but it was am* as by •so weans to endanger lai,o• boaltb. 'DO other boys were punished is dpe *Mee mintier. dootetrbet Gibson watt , started. Oibsdu never eoisplelned to witness of the Cap tain's cruelty, nor did be bear of any sooklaint of that Sort front tie erew, WI after the boy'. death. 'the boy oute con flated having shammed i 115..., by preteeling to be levees 'Cheney died by seroCeis broapplit on by scurvy.: tied ti.t in a disease ut which a patient might be at the lest astreiiiit before it could be discovered. The day pio444 , o4lsl.lrThry deinb, witnessbrought hue soup to.trie by himself. de nskel him to eat it, cud the buy took a little, aeilleflised the rest, TimoCaptaila was present ; theta, was Ivies on his nailiesenn on the deck. ou aecouut of ilia work twos or Were. The day was pleasant ; and that 1 / 4 114 very fit place for Id.s. Cross-exa nineil.—He had heard the boy had beet inftb , bed on deck with cold water. When the *bap Will gitem MO ooy, the Captain had a pie** of reps in his hood; het dat b cat-o'-sine tails. The Captinie shook the typo of bits; bid he did not see hint .tripe the boy. • 'Witness losiartiel Mt body after the nay's death, and saw three or four marks on his dank, and several on his thighs; bet be did' not examin, his back. Witness was aeised if four dosen ladies were mit more than a buy of 4t could bear, asaweredolott he Matadi know how atuen he was espable of bearing p, bad Le Slinkier Mould not have liked U. It was customary. he believed, for :surgeons an tine Navy to be present at the penish.uent crown"; out be did not think it was in 4uutli-sea.iten; yet he did not know why it should not he re rtenisite in therone as in tltik other. Before the iloy was puinsiiest, be was'a very•leeise, strong boy, tad perhaps tour mouths before he died. H. (leant cooper of the Thames. never saw Whims- p 5. niched ; for when the cat-o' nine tails was bruught up, grits sies• irft the deck. He was•it dirty Day, cad used td Isiettb , water in his ha ininock. carpenter proved. that wattlne brew' was re:nthieftelit .vi s 'crates offence on 410444 ship. lie Dever roe (14ptaie !;raver, two inners ; not ilia lie eves receive, wet one letter front the boy. Witness :old Ut.131.101 rifiler.f/f hip ,011 . 4 death ; but told hint to the contrary of gapt.3taeeteh cruelty to the buy. Crineee•siiiiiiod. —He told Mr. Gibson tbal the ti'Appid. had destroyed the letter which the boy ftrl .4ivito to lanai nee did out tell Mr. Giuson that the Captain had used hue so* erninly. It. Pierce, a pnblieau at Skidieell, but a nephseer on briar, Ike To.s.ties, one of the witaesws •for Or. orewieeu:ion. ISO h,ul asked the buy how ue wit peen. lifted -3- rod lie tolettinal th Cipt•in 4tavtry it•J used il4lll very wej on Use voyago.• bay's father %vas re-otannned : lie Meted that the -rat.. pent. .r told luau his von died of a swelling in his groin, bat that 1114 death was aceeserateduy the brutal u..tge of Air Cif: lain and the tine; and that he had not reeeived.suflieiolo uned.eAl auwi*iance, as the tlietato would not adoir gene to attend him. Mr. Wiliam! replied. Mr. Justice rfolroyd summed op the evidence., "nether Jury foinkd the defendant ; anti tile Court seetwirodt Win to l uck a line of 40k. and IA u.yrts,uwd on.. year. J. limaer, for a-spoldar olfaice, wow . ordered' to paltreillo of hoi..ud ue dobehurged. W. Hoene., detait,ed on a charge of merder, *at ed uy Proehonatioo.—Ses.ion. coded. EXaCiATlOn....Thnrstity morning, arlialfpattleigltf Mr. Sheriff Kirsq bind the Undur Sheriff. together relfliint Unier Nlarsliai of the Aram:salty, attended at Phu - Vote yirtC• paratory to the removal of thubert Smith andtbatles Pltritan who were on Monday sentenced to death tbr the vollfiti mote: der of 'Phonies Johnson, Captain .of the Creole' sehhoner. - ': a'atuit 30 leagues from Akiers, to E‘ecntion the'pliteir appoured to carry into ether, the last owfnlitisindate or BST law. One of the must circumstances tied basset' tended ally person littrig lately is the followtng:—Tratir the , vrigpners tieing quite composed, and resigned lb their - fisf s • lay down to sleep netwren If and 12 on Wt•liteiday nigh : and slept very wood until 4 - o'clock, nyhen Flarney *Woke le' .ouch pertnr4allon. mut the 'noise With whim aoaroi;: pan eil awoke his comrade, S.uilli. On •he e.itt4e being in.; totred into, ht. said. that he dreamed th,it Brock and Gift -01440 (who were some time since eaccisti4 for,diesensionee , o f two of the crew of-. the Nu.. r evcutws. totter)/ were. 10 , 1kaosts Weir 'wads cut id in his (F.trney*Al primmer: he airrethe rxecutioner lift the axe, the fatal MO* was giy.ft, and he heard the expression °facer/111ms (Mowed ill 414 , 11 the itreildk fat ciumeaturrice produced the Wessel be. I I unite% They wese.atielided hy the Ordinary of ?iltswerdde t the..W* Mr. Balser, and the Rev. 'lir. Vas:4.y, th.. latfer orwhom ate.• comp:iiticd them in the eart. little beibre - niarlfettele they were usbesed to die cart : Fereeyesile a prirrelu misklip) his hand, over which Smith lookettositis wait reteettialw Tight cavaleaile arrived at Ekeeutvutt I k • shunt half-past tens: and Lefore etevett.t.inawfttl cerimionics toting toutplele, the uuhappy meg were launched nitro eternity. POLias, sitxuwELL Nary Smith, alias Harding, wai charged with stealing female child. Mrs. Vetlin deposed, Ind ninon It years hack she kept a loilein4-Imaise in East K nilbtleld. she had three children, one of whom was a 10021 months old, thc o the r two were older, On the 16th of July. The prisoner ob tained permission to : k eep with. Airs, Nl•Carlltg, who was one of witnesses loiltersoind the child in irmstion was allowed to go to bell with bee. lu the morning: witmss went one' early ; and on her retinn sloe was informed that die primmer tuttl proposed to take the little Kiri out to wa,k, inn did nul return, nor loin w•iloes+ heard any thin: • f her or her child, `till she met the pri , oner in Itatcliife-highway, on Tion.silly. when die gave seer in (moody town officer. Ole prisoner denied that she knew any tlismr, in•the child, hnt•her uh•tt•ity: l. int( esuldiehed, she was collimated for stealing the clidtka. eiuthcs. QUEEN SQU Alt E. is Davis, a man of colour, wag rem 'tided, charged by t're , jcaut ttooert., of the Gisarda, with A;%orderly "mianet i n the' Qiierieti au Ira Mince, ))) tin Enefind, Nva. Georg", ace.; making a eat at •erieant Melt arilson, with a ba)miet, and tieing ,Luilty anther otitrageani Nevi. Information W 4114 given at tiiii are that Vie coach house of Gea. Norton had been broken oven, and font. chariot .glasses stolen; iiiii obsierved, that tins species of robbery had become very is epient, and s u ch adepts were the praetitimecia haeouir, that, a few nights airier, thalkeen invert to extract the alawea frein a carriage bile it ru passing s l ow ly w og rjeszodiEy s sithOst being 4ln:covered, 4f