The Sun. — London, England, 1802-01-21 00:00:00

. • - ' . . :fudged with* very liberal spiiii. But it no mutiny exists, but is assumed only for the purpose of screen. ' n g a man who inflicts art Unauthorised punishment, l aen , he is so far from being a meritorious , ; that_ he ue tames a - more ' culpable individual, This Fri. sok‘r 'Stands chare.ed with having abused the great auckority his situation gave him; , for the °Phressio n; and even . fOr the destruetion of His Kiesty Subjeas, for whose proteftion, and for the ProteAion of us all, that authority was given. T his . application Which-was intended to hathe_been thel e , to the Paymaster, was in the morning r ..- Th‘erewaa an interval between that and the time Of io&Ce ee r the punishment which ended in the ct deat:h, s san.i - t' which you are now to inquire, respee in e e ' - a.lik`int will be incumbent on the Prisoner . to , was not in Ll:re )'tact an account, why the Garrison t ranquiilitv, 'or Wit was not, Why an investigation did not take niace into the matter: Upon thethat there i s an ent i re s il ence . We hear nothing of 12) ..fens.lant until the evening, t h at i s , until about six o'clock, when the drum was beat what they call " a long roll,'' to call the soldiers on the pa_ rade, which had the eft-I:el Of bringing them all, as they were, some in their jackets, - withnut any mili tary preparation Ivhateeer, or regard to their ap.. Pearante. At this time there appeared on the parade Capt.. Lecey, Lieut. Fall, 'Ensign Ford, and 'Mr. O'Shanley, four Officett4 ; and after some conversation had taken place between the Officers, there being on the parade a gun_earriage, and a person attentlin to Perform the offices of tying, flogging, &c. a circle being formed, within which the o . cers were, Atinsltong all this while being amon g t h e men who had f orme d the circle, was then called out, and ordered to strip, which he did. He was then tied to the gun-carriage; black m e n , b roug h t t h ere f or b the purpose, not the Drummers, who in the ordi nary course of things would have had to flog this man, supposing - him to have deserved flogging ; 'but black men were ordered to infliet on Armstrong the punishment ordered. Each took his turn, and gave this unhappy sufferer ze lashes, until he had re ceived the number of Soo.. P un i s h ments o f t hi s sole, I understand, are usually inflieted by prum, n iers ; hitt this •Was infli4aed by black men, who did not belong to the Regiment, and the instrument with which the punishment was inflifted, was not a cat-of-nine -tails, which is the usual instrument, :bu t <a piece of rope of a greater thickness, and . ' . which was much inure severe than the cat-of-nine "ils• The rope will be exhibited to you in tvi - deuce," and therefore I need not say 'any thin g to You (It its fitness 'or unpurpose.'ness will appear you al for this purpose. It to so, that while this punish, latentwaa'infliaed, the P r is o n er urged the,e black Wien to be severe, in a language, some of which 1. - shall not repeat, it will be enough for you to hear it once fro.n the witnesses. 1 :,han. } :i ss by the coarseness 'of it ebet he said, among other things, " Cut him to the heart and to the liver." Armstrong; the scbjeft. this punishment, atTlied to him for mercy, but t4observation of the Defendant, on that occasion, which, • was " •1 sick • • was corning on, . • 3 that t ie steeoa together with the pullis 1 " 11 " 1 ' would do for lawn. ' fi tter receiving a gicat number of lashes, that is 1 : , 'To, this p uc e - creature was co: dutfied to the Hos ttl• He was in a situation in which it was pro ••aule his death might be the consequence, and, * 1 ., i t 4.., • , ..7 ,, _ ...AR ..... ~,he declaraaion ha . made, a w r c ' the laW admits in evidence, because the de aration i of a man, made under an apprehended tPend.ng dissolution, is, by the law of this realm, . that tantamount io. an oath. Youov ill hear iteat he declared he. was • - bet.i- w ithout any trial, punts hhd without eser bei ng so muc h as as k e d, whether e had any t hi ng to say in his defence, and this :vidence, if mad e un d er the i mpress i on I h ave tared, will undoubtedly be competent evidence to be laid ho' ore . you. " After this punishment had been inflitied .upon this poo r man, for I will nor travel into the en-- , cymstances of the case of any other person whom.. soeve r , b ut confine myself' to that for which the Prisoner now stands before ku., the Governor, and e. t he Pay master set off the nex t d ay for England, and r'' they arrived here in the month of August following. " Gentlemen, as it h as b een a l le d ge d t h at t h e bef • w - • A-. .ent.antill endeavour to thew to you that there exited a .mutiny in this Islancl I would ask upon . s v il# principle is it that he came to withdraw hin. 'elf:froth his comm an d ? If there had existed in the Garrison such a mischief as required to be re-. pres3ed without the form of trial, and I will admit that itntnediate and urgent necessity may supercede • I . l le fortn s of trials in cases of mutiny and dangerous remsunordinatio n , in which cases w e must not hold -'ornrtanders t o any rigid rules, provided they aft i "r The b est ; b ut I would ask, if such was the state of this Garrison when heinflifleal this punishment, What iuduced him to ad-as he did afterwards, what 'l . r: accoue t for his bas con t iuti ? Or d o e s s .subsequ ent concluti not thew that no such mutiny or danger existed ? . How will he account 'foe his taking -away 'Oiree Officers out of ' with him from the Garrison seven, which was the coirt pl,'•incni of Officers the re ' - icre ? you h e did . for t h at I w ill p r ove to the orde r a , Their presence must be essential"' tb n d o. 1 . es eeiaEy- if it bo4x g ov ernment of the Garrison, was to this state of mutiny which, for the pu?pose of his defence, he now will repre sent to - • ' 0 :0. Brit abo ve a ll , how came he, in the 4ccount which he gave' •of thi s G arr i son at t hi s very time, to His Majesty's Ministers, not to mention that fa With .t view this • to point, I diretcted ever cos,i" • . • y 1 0,,e Ir,quiry to be made into this faa, and tha result is, that in every account that he has given, o ne o f t h em minute 'and ' ' partietar, stating the • • condition of the Garrison, naming those who Were under arrest i n i t, and also the state and,cen:. Lltion et the neitrlthottrina- Settlement of Serie'al 0 e, g. , 4 atating haw they were affeded to the Englith, and •ei l < • • t,,Tin g into minute details, in none,of which is aLere B Yllithk of inetition made of the mutiny on which he ;low te7es his defence, although, if true, it was more ' ' 11 1On:c rocus than any thing el se t h at could haPpe n in the Island." j'Here the ATTO k N li 17-G E NE mAL read t:te substance of the Letters - sent by the PriSoner to til t s e „ vtary of State in August 1782, when he came . 1 ,1) Engl an d ; as als O the substance of the Official Aeturns lie made of the state of the Settlement, in which not a word was said of the Mutiny, ftom vihich he maintacned'it was fair to infer,' that it . . w as 'Ol a f ter-thought to . excuse his cruelty].e—He then proceeded to say, " I hove stated, that this , - ptinishiiient was 'without file tot in of any : understand there ate two species of FOrins of Tr i al in Military Affairs ; the one is a denerat Court-ma r tial-=,the dther a 'Regimental Court.thartialThe crime with which this man wait,. Charged, is One for a General Court.lVlartial, as appears by the Mutiny Att." [Here he recited that part of the Mutiny Bill, which raates to this subjea, and also the offences which can be taken cogbizance of regularly by Re. gimental Courts Martial ; the one in the case of Mutiny, being a capital offence, the other, such offence as may call for corporal punishment, and said, that this poor man had been tried byneither.]. Here the Most essential part of the administration . of justice had been entirely overlooked For," said he, " we haVe been taught, and taught truly, .that the party accused should have an . opportunity of seeing his accuser, of hearing his accusation, and of making his defence. Nothing of that kind took place, no 'Witness was examined, nor was any charge notified to Armstrong, nor was there a sha dow or a shade of trial, or form of trial." Here again he desired not to be understood as say ing that there may not be circumstances of ne.• cessity that would justify many very irregular ads in Military Commanders in the hour of danger; they were not to be judged of in the common ordinary proceedings of Courts of Law. What he maintained was, that in point of fad, there was no such necessity existing in this case, and therefore there was no excuse for any. deviation from the ordinary rules of proceeding. Having expatiated upon this topic for a considerable time, he proceeded to say, " The questions for your consideration will be these : First of all, was the death of Armstrong, respecting whom you are sworn to inquire, occasioned by the ad or order of the Prisoner at the Bar ? For if it was, the Law • • implies in that at a certain degree of malice _suffi cient to account for the commission of such an aft, and throws upon the Prisoner the burden of sheaving that there was no such malice ; the ordinary way to do which in.this case would be, by shewing the exist enee'of. the mutiny, which he alledges as the cause of it. That I apprehend will . be incumbent on this Dc fendant to chew to you this day : it will be in- cumbent on him, I apprehend also, to shew you why he withdrew himself from the justice of his Country in. the year 178+. If he be innocent, that was of all times the most favourable for the 'mani.- iestation of that innocence. The persons who knew most, nay some also who knew the whole of this business, if his account of it be. true, were then living. • Mr. Lacey who succeeded him in the go vernment of the Garrison, Mr. Ford, Mr. Fall, arid other Officers who knew the whole of it, were then living, and within the reach of the proce,ts of our Courts ; therefore of, all times that the most convenient for the trial of this Prisoner, if he was innocent. He would not draw the in- ference that . might be supposed to . be the re- suit, he said, of his having omitted. to take this advantage. The ground on which the Prisoner withdrew himself - from justice•in 1784., in his coin muuication to my Lord Sydney, then Secretary of State, was, that he was waiting for evidence who were on the parade, and who saw the whole of the proceeding." Here the Attorney-General went over the cir cwimstancc of the Prisoner escaping from _the . 1 / 4 tinds. - of the King's Messenger at an Inn at Reading, in their way up from Bath , where he was apprehended by virtue of a warrant from the Secretary of State, , in the year r7S+, and of the proclamation which was issued afterwards, describing his person, star-• ing that he had fled from justice, and offering a - reward of zool. for apprehending him; and also took notice of the letters which he sent in Odober last to my Lord Pelham, stating his readiness to take his trial. The Learned Gentleman then proceeded thus The questions here are these, fist as to the fad : Whether the death of Armstrong was occasioned by the punishment inflicted on him ? That it was in fliacd by the order of the Defendant there can be no doubt ; nor will there be any, I believe, 'that the punishment he received was the cause of his death. The next question is, whether there existed a justi fiable reason for the infliaion of this punishment, which produced death. To prove this, I submit, • that the Prisoner must- prove the existence of 'a mutiny, else there is no foundation for the infliaing the punishirient. It will then, I apprehend, be necessary for the Prisoner to establish 'to you, in evidence, that there • was a trial, such as the law - requires in any case, either by a General Court Martial, or by a Regimental Court Martial ; or if neither, then to establish . that the punish ment was what the immediate urgency of the case required. If he makes out ebat defence—lf he makes out substantially the existence of a mu - tiny, I should be sorry to press upon him any cap tious objeaions to the mumer in whichhe endea , ,voured to suppress it--Deviations from ordinary rules in such cases are eXcusable. But in consider ing this I would remind you of the most extraordi nary omission on his part on this occasion to Go vernment, both in his letters to my Lord Sydney, the Secretary of State in 178+, and in his own of . Acial return of the state of the Garrison at the time he left it, which was the day after this punishthent was inflicted, no mention is made of the mutink.—,- Add to this, that . all the Witnesses were alive in 1784, and could have established' his innocence, if innocent he be. Now, in the -lapse of twenty .years, most of them are dead, lie comes .forward to ' take his trial, alladging.his innocence. If you find, on the evidence, taken altogether, that a conclusion contrary to. that allegation of innocence is the just and fair, conclusion, painful as it may be to you ante to others who are concerned in the administration of Justice, it is a duty which you owe to your Country and to mankind, to pronounce him guilty. It will give me great satisfaction, as I am per , suaded it will give to you, to find ;that the -PO_ soner , may be able to make .out befihe this Court such "circumstances of justification of his condua in this case,, as may place the hothieide of which-he has been the cause, under a denomination different from than of murder." Edward Evans, examined by Mr. Sot, c ro'ft GENERAL—" I was a Soldier in the Garrison at Go ree in the year 1782. I believe I was there from May 17791,t0 Christmas-Eve 4783., I believe the Commander of the Garrison.before I went-there was Lieutenant-Colonel Rooke. - After him came Cap tain i 6oige . Adams, and CAtitilth Wall, the Prisoner at the .13at- Ido not remember when Captain Adams left, nor hoW long Captain Wall had it. I believe about a year and an half. I was Privates I was made. Corporal and - Mink Serjeant since. I- was advanced byGoernor, Wail. In . . July t 78i I was a Corporal doing . Serjeant's duty: I was afterwards the "Orderlytleticant, whose duty it is to wait on the Commander in Chief, .and to be at his call. I was Orderly. Serjeant on the, loth and the i ttli of July 1782. I attenexti on the person of the Governor. lie left the Island-on the i xth of. July r'7Bz•. His intended departure was known in the Garrison• a-,dty.or two -befure. .0n the loth of July 178 i,, in th,e morning, I observed - a number of men, as I was 'standing by the gate before the Governor's ltouse; Coming front - the bar rack way. There might be fifteen, twenty, or more of them ; I cannut , say what the number was. They Were coming towards the Commissary's house. They passed the Governor's gate. The Commissary Was Ensign Detting; I believe. Ido not kiwi/ whether the GoVernor was then at the door, or in the house at that time ; but afterwards I desired him to go to them. He asked me what the men wanted ? I told him, Your Excellency, I do not know. Then he told me to go and ask them. I went, .and, told them the Governor desired to know what they wanted ; and one of them an.. swcred, to go to the Commissary before he goes for England, to ask him to settle with them for their short allowance of provisions. It was then known that the Commissary was to depart with . the Go.. vernor. I carried back the message that I receiv- ed, to the Governor. The Govern — or told me to go to them, and tell them to go back to the barracks direftly, or else he would flog one half of them. I went and told them so, in consequence of - which they went away. I saw no harm, nor heard any harm from them, I saw nothing tumultucu►s or disorderly in their manner, but when - I told them what the Governor said, they went off quietly diretly, and said nothing. The men came again in a body, whether they were the same again I.do not know, but they came afterwards in about an hour, or an hour and an half. I cannot tell the number of, them, they were as many or rather wore. than before, I believe, Upon seeing these men re turning, I told the Governor again they were coming, before they came to the house, on which the Governor came to the outside of the gate to meet them ; when they -came opposite to the gate, be called out to Benjamin. Armstrong, 'who was one of them, he was a Serjeant ; the Governor asked him what he wanted, 'saying, 'what do you vain ? Armstrong told him, your. Excel lency, we were going to the Commissary„ to ask him to settle with us before he goes to England. Armstrong . came up with his hat_ in his hand, as usual, with submission; and told him, your Excel lency, we are going to the Commissary—He was as near to the Governor as I am to you [about four yards], and I was in a situation near enough to hear every thing that past; but I do not row rememberall that past : I cannot say that I do, butas'far as I"d recoiled ; I have stated. The Governor told them to go to the Barracks, and threatened them, and they . went. The Governor Went to the men and the men staid where they . were. Armstrong Came to tln.c;-vernor after.lt'e, hien. I do:not know what past between the Governor and the men, for the men turned their backs and walked off, and ap peared to be frightened. I do not recoiled there was any parley between them, but they appeared immediately to go Off. I did not hear any noise or disturbance among them ; they did no harni that I could see.. They were not:in - their uniform, but some of them in blue jackets, and others were not at all ina military dress-. I did not hear any thing pass, except between . Armstrong and the Governor. I did not hear any disrespedftti language' used. I should suppose that the. second appearance of the men was between - 1 t and rz, for it was before din ner, which with the Governor was, I believe, at two. As to the men, they dined when they could. In 'the course of the 'afternoon, after the Governor's dinner, the Officers went . away earlier than usual; the Governor went out and I followed him. We con. ceived there was something due for short allowance, for we had been on shori allowance at' different times for a bog while, but how much I do not knOw— On that day, two or three of the Officers dined with the Governor, and when he went out, I followed him. The Governor walked down .toviardi the Main Guard near the parade, he went from the Main Gtiord to the parade. The Guard turned out to salute the Governor as he past, which was usual, The Governor went up upon the Ramparts, where there were two field pieces, six-pounders, and I stood at the 'end of the 'lmparts ; the Governor ran by me towards the Main Guard, 'and began to beat one '-of the guard who was then under arms ; believe the man was in liquor ; he beat him a good while—he drew his sword, and took a bayonet from - the sentry, amid beat him with, that,. and then 'confined both the sentry and *him. He then ordered the drums to heat the Long..Roll i which is to call the men on the .parade. I was lieht, if I recoiled rightly, by the Governor to call the men together as they were, that is without arms ; they obeyed directly, they came without arms,. as they were; for this was sooner than parade time. Cap tain Lacey, I believe, was there, but what Non commissioned Officers, I do not remember. The usual time of Roll Call was, I believe, a little be fore sun -set, hot I do not recoiled exadly. This was before that time, half an hour or thereabouts. When they came on the parade they were mdered to-form a circle : I do not know whether by the Governor's ordas, or by one of the Officers, hut Governor, Wail was there. Capt. Lacey was there ; four Officers. were there ; I believe Mr. Ford, Lieut. Fall, and Mr..o"Shardey, were torte. at the end, but I do not knoW - whether they weti.,there at the beginning. They were all inside the ring ; the circle was small, for there was not above three hundred men, and they were funned two deep: I . was close to the circle on the outside. The Governor was the in side of the circle. I heard some words pass; but cannot say what they were : I could see every thing very well, as I leaned my head between the men. There was 'within the circle a- carriage - of a six. pounder : it was brought in just as the circle was forrned. I earolcit recoiled who brought it. I heard the Governor speak' to the -Officers, but do not re olteft, t tit I heard. die Guserndi Benjaiiiin Armstrong inji iii the ranks. Armstrong 'was at that time du h.s projser phlee, among the rest of Ole men: --elle: came otirf . ; he was tied to the carriage" of the cannon. Governor Wallordered him to strip. He Was tied up to the .gun carriage. He was then flogged by a Man, by order of Governor Wail. There were five .or six persons employed in flogging him: They changed hands' the same as the drummers do I cannot tell how often, but as well as I can recol.: • .let, they gave each -is lashes. I do not recollea hew many lashes - he received, but a great many. • It iriflided with a rope ; I cannot tell the size of it. These Blacks were no -part of the Regiment : I ne..; e'er liaw anybody before nor since flogged in that way. Governor Wall was in the circle, urging these Black 'men to - do their duty, and threatened them if they did not. Ileard him call to the .BlaCks, " lay on him you or "else I- will lay on you." • I heard him say several times, " cut him to the heart, cut him to the liver." I believe Armstrong begged for mercy, but I do not exactly remember the words. What I have said, was during the punish.: ment of Armstrong ; he was: afterwards token to the' Hospital, I believe. At this tii\le, I did eot see the least appearance - of Mutiny among the Sol diers; nor any mutiny or disturbance between the time of the Men coming by the Governor's House and the Commissary's, and the punishment of Armstrong. I was at the Barracks in the course of the day ;, I hard them saying that they were to go. up to the house of 'the Commissary:. They said they were advised by Lieut. Fall to go to the Commissary and to ask for their allowance before he went away.,. I cannot say that I ever saw Arm. strong afterwardS, : either dead or alive. I heard that two or three days afterwards he was dead. There was no Court-martial held on Armstrong-, that I know Of, for I did not see any . . I was near enough to see and hear and observe•it, if it had been held: - I have-seen 'a druth.head Court-nrartial at Chatham, bur I do nbt - recoilea'how that it is usual to call on a man to answer a charge before he is punished. -I- saw the Governor speak to the Of. filers and they to him for a moment- : Armstrong was at this time in the ranks among the rest of the Merl ;- and the while of this conversation p:ltst before he was called out of the ranks.•- ' I did no hear any sentence past on hito, nOr do I believe. there. was any. rheard Some words—:•l heard him called ont, and heard_ him" ordered to strip. I did nOt hear what it was s for. The first W'ords addressed to him were. to callliirn out Of the ranks . , and then he was ordered to strip. Governor Wall went a .vay the 'text day, • hot I do not know how many Officers went with him. On his cross-examination several questions were put to him;, whether certain mutinous expressions were not used by Armstrong, as, that they would: be damned if they would not'be satisfied, 'and break open the Stores ; that the - Governor should not go ' until they Were satisfied ; that the men shouted and thew up their hats ;= that a centry presented a bayonet to - the, GoVernor ; that a Court Martial was held at .the dram head, fee. &c. but every one of which points, he negatived, by saying he neither heard.. or saw,4ny thing of this kind ; that he was near enough to see and hear it all. e would not swear pebsitively. they did. not happen.; but he did not see or hear any 'thing like any of these things, nor did he in the least degree believe that they or any one of 'Them happened. This Evidence was corr borated in every material part, and many. particulars, wet.: added in support . of this charge, against the Prisoner, and all Mutiny or appearance ,of Mutiny or: disturbance; or even disresped towards the Governor, either by Arm. 'strong or any one of the men, were expressly and po. sitively detiied by Roger More, who served at this place as a.prirate soldier ;- by Mr. T. Pop let, who saw -the whole -of it from his own quarters, while he was a priiOner at large, -as the terra is, under sentence of- a Court Martial); by William Rosser, who kept the hospital, - who said, that Armstrong's bank when he came there was as black as' a new'. hat; and that no hopes were ever enter. mined of his recovery, and - who proved • his death on the zsth of July—lobs Buller, a Ser. jeant.Majot ; Richard Bessen, Serjeant of Arta - lery a under the Governor ; john C/a-k, a Private, and David - Porwill, a Private, by all of whose testimony, alt idea of Mutiny was expressly denied. It then.appeared, that most of the Officers wile,- were- preAcht when this - punishment was inflided Were dead One.eould not be found. The Letters to my Lord Sydney in August 1784, assign reaaiins why ,the Prisoner did not like. to take his trial then. The Proclamation for appre hending him,. containing a description of his per son, and offering a reward of *;,Ol. &c. His Let. ters to my L'ord Pelha'rit in October last, stating his readiness to take his trial, ,&e. &e. as opened by _ _ the Attorney:General, tire substance of which we have stated in our account of his Speech, were then pit in ankread.• Mr. Peter Terrill,. the Surgeon, Swore, that he was, sent for, by Governor Wall,':to:witness - the puni. merit of Armstrong, but he• did not arrive 'until the flotroing had commenced ; he, believed there might; hate been given a. dozen or two of lashes when • be i came,, from the appearance of the man. He agreed with others, that - the. flogging was. very se ere—it was with a rope, the like of Which he had not seen before for the purpose . of flogging ; but he had not much experience then, he being only ,23i. and had only been three years Surgeon. He ,thought it, however much more se. vete than it eat. of-nine-tails, because' it did. .not cut, and each., blow leaving a mark without blood, tendered a " i - inortification much more probable than if the Skin had been cut. He saw the patient daily till the honr of his death. He had no doubt now', upon refiedion, , that the 'flogging was the cause of his death. The evilence was here elbsed on the pact of the Prosecution, 2'he l'sisv:er having been called upod for his de. fence, after haVing apologiied for his inAbility to speak in public, 'sated, that on -the roth of July, 178.2, having cleared all the elaims of the Garrison, he had prepared to embark for Eufope, having a certificate from the Surgeon that it was absolutely , necessary for his health so to do. At that time he I understood the men were Ferfeetly satisfied; but i~