The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-20 00:00:00

COLONIAL LAIV.

The General Brock, a merchant vessel, which is owned by
Mt-en. Fisher of Bermuda, and has lately arrived, brings accounts
of the trial. coodenination, and execution. of Mr. (iwynne, a till-
vermiitb, at tit. George's, for the murder of Henry Folger, Esq.,
merchant, of the saute place, the particulars of which are most
atrocious. She had a sailor on board her, who appears to have been

instrumental in saving the life of 31r. Hunter, a Magistrate, the
intended victim of fiwynne. The lute Attorney-General of Ber-
muda, happening to call on Mr. Pitt, the agent for this ship, met
Hugh Mackay, the sailor alluded to, Mackay'it emotions were net
to be suppressed, a gleam of joy spread over his countenance, and
with gratitude he related a circumstance which easily accounted for
Ids extacy, iu meeting a person who had preserved butt from torture
under the Penal Statutes of that Colony. There is a law in Her.
muds, thnt if a man of colour in any condition of life, no matter
how respectable strike a white man, lie is to lose for such offence
his right arm and his right Car, without regard to the degree of pro-
vocation. It appears by the documents we subjoin,tlint the Attor-
ney-General hod been officially compelled to prosecute Mackay,
and having failed to make a favourable impression on the Petit
Jury by an cnipliatic speech, in which he alluded to the holy occu-
pation the defendant was following, when this juvenile offender
disturbed the sanctity of the house of prayer, where the prisoner
was engaged, lie refused, when the verdict of guilty was re.
turned, to move for judgment, until he had consulted the autimrities
at home. Ever since 11124, Markey has renewed his recagnizances
at every Quarter Sessiols and Assize, to meet the judgment. At
last, after ninny obstacles, be has succeeded in getting to England.
The following are the particulars of his trial:—
BERMUDA QUARTER SESSIONS. JOLT, 15, 1824.

'1'111: 111)10 0,471114 HUGH M' AY, A MAN OF COLOUR.

This was an indictment foram assault.
The prosecutor, William Francis Holt, is a boy about eight or
nine years of age, and gave his evidence as follows:—'That on
Sunday evening the about eight o'clock, he and
his companion Davenport were at play, and seeing some black
children whit a dead fowl, he, prosecutor, went no to them, and
took it from them. A string was attached to it, and with it he
proceeded to fasten the fowl to some pieces of rock or hewn stone
lying before a chapel, where duty was being performed. Tha; the
defendant came up and snatched the fowl from him, and threw it in
his fare; that he in return threw it at him again, and ran away.
On being caught, defendant slapped him in the face, and pulled his
nose, calling him an impudent little fellow. The defendant is a
respectable man of colour, a mason-, employed in repairing the
chapel, and had hewn some rock, or rather soft stone, for the re-
pairs. From the questions he pdt to the prosecutor it seems, that
seeing the boy with the fowl, which was stinking, and which he
was attempting to pound with the stone he had so prepared, and
which being soft must consequently be much injured, lie ran up,
took the fowl from him, and flung it in his face, the boy returned
it in the way before stated, and ran away, &c. This appears to
be the truth from the questions put by defendant to prosecutor.
Davenport, a boy about eleven years old, was with the prosecu-
tor, and corroborated the former statement, admitting that the object
of fastening the fowl was mischief. It appeared, on examination,
that the amusement between them was to annoy the congregation,
by placing the stinking fowl near the chapel.
The ATTORNEY-GENERAL told the Jury he much regretted
that his duty obliged him to occupy their time in the consideration
of a cause is trifling and childish, and which he deeply lamented
was ever brought into Court, as, from the unfortunate situation in
which the parties stood with each other, if the assault was provetl,
the severity and hardship of their local law would, even in this
most trivial and ridiculous affair, subject a most re•pectahle man,
by reason of his unfortunate complexion, to the most painful and
degrading punishment—amputation of his right arm and his right
ear. That he begged their attentive consideration to this important
tact. That his own opinion was, the assault had not been proved.
At any rate, the defendant was actuated by no improper motive ;
lie wished to stop the nuisance the congregation were purposely
exposed to, and the mischief the lad was committing in spoiling the
stones, sato prevent their violating the S.bliatit by such improper
conduct, as they have in this Court admitted, yes, even to their
wicked motives.
The Jury returned a verdict of—Guilty.
Whereuyon the ATTOItNEV.GENERAL eloquently addressed
the Magistrates, and declined moving the judgment, which was
unanimously assented to by the sympathizing Bench. The testi-
monial of 51'Key's good conduct, and his letter to the Attorney-
General, are documents of no honourable and respectable a nature,
that we subjoin them ; and when it is remembered that a man of
colour, with a character an sustained by all his neighbourhood, is
liable to such grievous consequences, how heartily ought we to hope
for the abolition of such laws.
St. George's, Bermuda, July 21, 11124.
SIR,—In consequence of the verdict brought against me et the
last Quarter Court, which you poteponed judgment thereon, until
his Majesty's Ministers opinion should be known.
For their information I have to inform you that coy mother is a
native of Tobago, and a mulatto. Iler father was born in Camp-
bell-town, Scotland ; at his death be left her an estate called Mount
Grace, which site still possesses. I am the only child; my father
is a native of Thurso, Caithnesshire, to which place he sent me
when four years of age, to get my education where I remained
I
until 1010 ; then I was sent to London, where learnt the brick-
layer's trade. Front London I was sent out to Tobago in 181 n,
where I resided until Min from thence I vent to America, and
from there to Bermuda in December 1819, in which place I have

remained.
I trust the certificate of the inhabitants and merchants of St.
George's will satisfy you
Yof soy upright conduct. I am, Sir,
our moat obedient humble Servant.
HUGH lAcKAir.

The Hon. Jas. Holland,
Attorney-Genl. Government-House.
We, the undersigned inhabitan a and merchants of St. George's.
Bermuda, do certity that Hugh Mackay, a free coloured man, has
resided in these islands for about five years, and has conducted
himself in a sober and peaceable manner, as a good subject ought
to do, to the best of our knowledge, we having never heard any-
thing to the contrary.
St. George's, Bermuda, July 17, 1824.
J. Lough, Rector of James Taylor James Till,
the parish of St. Henry Folger C. B. Hayward
George John T. Cox James Athill
Francis Duerden Samuel A. Higgs John Rodrigo
Anthony Atwood John Taggart Charles F. Lewis
Joseph Labour James Taylor, No.l. Wm. Jeffrey
J. S. Spencer John Atkins Benjamin C. Bing
Geo. E. Evans G. S. Rankin George Allen
John Millar Adam Brown James Stowe, aen.
John Barr J. Tudor Tucking. James Stowe, jun.
S. G. Spencer Alderman, of St. H. P. Walrond
/I. H. Cross, Congre- George's Js'. E. Forbes, sen.
gational Minister, C. E. Hutchison Wm. Bumnell
St. George's Benjamin Pindar N. Orr
Francis F. Hinson It. M. Higgs Beaton Bruce
John T. Fisher Thos. Wright Thomas Darrell
B. S. Hayward Claud. J. M'Callan John H. Gifford
James A. Bell W. A. Outerbridge Andrew Mitchell