The Sun.
London, England, 1824-04-15 00:00:00

SCOTCH JURIES.

, Mr. KENNEDY moved that the Report or the Scotch Jurj,
Bill should be brought up.
The LORD ADVOCATE trusted that, seeing the state of
the House, the Ilon. Gentleman would postpone his Bill until
after Easter. _ _ _

Mr. BLItNAL observed, that the Bill would have to pass
the House of Lords as well as the Commons, and hoped that
his Hon. Friend would not give way.
Mi. KENNEDY said that he had endeavoured in every way
to meet the Hon. and Learned Lord Advocate's views; but he
could not consent to postpone his measure.
A division was then called for, when twelve members only
being found present, the House adjourned at SE VE N O'CLOCK.

EAST-INDIA HousE.—Yesterday a ballot was
taken at the East India-house for the election of six Directors in
the room of JACOB BOSANQuvr, Esq. ; Edward Parry, Esq. ;
William Wigram, Esq. ; William Taylor Money, Esq. ; John
Baillie, Esq.; and John Petty Muspratt, Esq., who go out by
rotation. At six o'clock the. glasses were closed and delivered
to the scrutineers, who reported that the election had fallen on
Josias Du Pre Alexander, Esq. ; Robert Campbell, Esq. ; Neil
Benjamin Edmonstone, Esq. ; lion. Hugh Lindsay ; John
Morris, Esq.; and John Goldsborough Ravenshaw, Esq.—
Yesterday a Court of Directors was held at the East India-
house, when the thanks of the Court were voted unanimously fb
the Chairman and Deputy Chairman, for their zeal and atten-
tion to the Company'i; interest during the last year. The fol-
lowing Commanders took leave of the Court, previous to de-
parting for their respective destinations, viz. :—Captain Wm.
E. Farrer, of the Orwell ; Captain John Small H. Fraser,
Marquis of Huntley • Captain William Haviside, Thames;
a: d Captain Thomas Williams, Princess Axtelia, for China
direct.

DEMERARA.

TRIAL OF JOHN SMITH, A MISSIONARY.

PROCEEDINGS OF A GENERAL COURT MARTIAL, OCT. 13.
The President, Lieutenant-Colonel STEPHEN ARTHUR
GOODMAN, half-pay 43th Regiment, and Commandant of the
George Town Brigade of Militia.
The Court was duly sworn, and proceeded to the trial of John
Smith, a Missionary, on the following Charges.
1. That he, the said John Smith, long previous to anti up to
the 18th of August now-last past, aid promote, as far as in him
lay, discontent and dissatisfaction in the minds of the negro
slaves towards their lawful masters, managers, and overseers,
he, the said John Smith, thereby intending to excite the said
negroes to break out in such open revolt and rebellion against
the authority of their lawful masters, managers, and overseers,
contrary to his allegiance, &c:
2. That he, the said John Smith, having, about the 17th
day of August last, and on divers other days and times there-
tofore preceding, advised, consulted, and corresponded with a
certain negro named Quamina, touching and concerning a
certain intended revolt and rebellion of the negro slaves within
these colonies of Demerara and Essequibo ; and further, after
such revolt and rebellion bad actually commenced, and was in
a course of prosecution, he, the said John Smith, did further
aid and assist in rebellion, by advising, consulting, and
corresponding, touching the same, with the said Negro Qua-
mina, &c.
These charges were varied in two other counts. -
The prisoner pleaded Not Guilty.
SECOND DAY, OCT. 14, 1323.
The Court having met, the JUDGE ADVOCATE addressed
the Court, and then proceeded to call evidence in support of the
charges.
John Stewart having been sworn, deposed that he knew the
prisoner, and that a book then produced was in his hand-
writing. The prosecutor then drew the attention of the Court
to several passages of the hook prodUced to the Court, among
which were the following

" November 17,1132(.--Yesterday evening we had not more
than 50 at the Chapel ; indeed I cannot expect many snore till
the coffee and cotton are gathered in. The people have scarcely
any time to eat their food; they have none to cook it—eating
for the most part raw yellow plantains. This would be bear-
able for a time, but to work at that rate and to be perpetually
flogged, astonishes me that they submit to it."
Again—" September 13, 1817, page 17.—This evening a
negro, belonging to , Caine to me, saying the manager
was so cruel to him that he could not bear it. According to
the man's account, some time back, (two or three years) he,
with a few others, made complaints of the same thing to the
Fiscal, on which account the manager has taken a great dis-
like to him, and scarcely ever meets him without cursing hins
as he passes by : the punishment which he inflicts on him
dreadfully severe ; for every little thing he flogs him. I be-
lieve Ned t • be a quiet harmless man I think he does his
work very well. A manager told me himself that he had
punished many negroes merely to spite Mr. Wray. I believe
the laws of justice which relate to the negroes are only known
by name here; for while I am writing this the driver is flogging
the people, and neither manager nor overseer near."
" Friday, August 8, 1817.—A great number of people at
Chapel. • From Genesis xv. 1. Having passed over the latter
part of chapter xiii. as containing a promise of delivering from
(these two words partly erased, but perfectly legible) the land
of Canaan, I was apprehensive the negroes might put such a
construction upon it as I could_ not wish ; for I tell them. that
sonic of the promises, &c. which are made to Abraham and
others, will apply to a Christian State. .1t is easier to make a
wrong impression upon their minds than a right one.
The examination of witnesses to prove the facts stated in
the four several heads of charges enumerated on the first day,
and of those on the part of the prisoner, lasted till Friday, the
14th of November, when Mr. Smith made his defence, of
which the following is the most important passages
The first division of the first charge requires no evidence.—
The second, that I have endeavoured to mislead the Negroes
by misinterpreting the Scriptures, is disproved by Romeo,
Bristol, Azor, Jason, Mary Chisholm, and London in particu-
lar. The third, that of taking money and presents from the
Negroes, it is true, has been proved ; but they were given
voluntarily, of their own free will and accord, as many of
the witnesses have proved. The money collected for the
sacrament was applied, as Jason has proved, in the pur-
chasing; bread and wine, and candles. The money collected
for theh Missionary Society was regularly remitted. The
planters knew of the collection, and not only allowed' it, but
some were themselves contributors, as proved by 11. Van
Cooten, John Stewart, and John Hamilton. Fourthly, It has
been established that the sale of the Bibles was ordered by the
Bible Society ; and Mr. Davies has proved that lie charged
at the same rate for those he sold. Fifthly, That I have
interfered with- the -treatment. of the negroes. Not a single
instance of interference has been produced ; but evidence to the
contrary has been brought forward by me in my Journal, and
by Mr. Austen, independently of Bristol's evidence on this
head. Sixthly, That I have taught them (the negroes) it was
sinful to work, or go to market on a Sunday. Upon this head
I think it has been satisfactorily shewn by the evidence of Ro-
ute°, Jason, Bristol, and Manuel, that though I-taught the ne-
groes in obedience to the commandment of God to keep holy
the Sabbath; yet that I invariably advised them to a dutiful
submission in perfonnin,g their work if assigned them even on
Sundays. • Seventhly, That I have taught them to disobey their
masters. This is disproved by Bristol, Romeo, Jason, Mare,
and Mary Chisholm, herself an owner of slaves.
_ .

•
It is evident from the evidence that I have always acted with
the greatest uprightness and integrity ; that I have gone far-
ther, and conducted myself with prudence and caution from
the time of my arrival in the colony to the revolt ; nay, Hamil-
ton proves that even in the very midst of the attack on his
house, I hastened to his assistance, and used all the means I
possessed in his favour; that I exhorted the negroes to be
quiet ; it was all I could do.
All the negroes, both for the prosecution and defence, who
were questioned on this point, agree that I always taught them
to be obedient to their masters, and to submit themselves to all
in authority over them ; not an individual exception is there to
this train of evidence. My Journal, read from page to page,
will not disclose one single passage emanating from bad feeling
towards any individual. The vices and follies of some may have
therein been reprobated; but even the reprobation of those per-
sona Was confined to myself. I did not commit, in many in-
stances, even their names to paper.
It has been attempted, and in fact the whole drift of the pro-
secution, of the charges, and of the questions of the prosecutor,
was to shew that the religious negroes were the most refrac-
tory and rebellious. What do the certificates of baptism say,
that only they were recommended by their owners, managers,
or overseers, who behaved well, who were well disposed, and
who were thought worthy of reward. Do not all these proofs,
from even interested parties, clearly demonstrate that the effect
of religious instruction was beneficial ? , Independently of this,
the witnesses, 11. Van Cooten, himself a proprietor of one,
an attorney of another large estate ; anti John Stewart, un-
willing as he was to answer any questions, have sworn, that
the religious negroes were the most obedient in general. Every
planter, every master, can tell how very intractable and unruly
is a dissatisfied negro—he will not be obedient. The series of
written evidence proves that those negrocs who were allowed to
attend the chapel conducted themselves in a dutiful manner._
Should any object that the certificates relate to the characters
of negroes previous to their becoming Christians, Mr. Haig's
note will be a satisfactory answe* I quote from memory ;
He says, " I have hitherto refused to give such and such ne-
groes a certificate of characters in consequence of sonic that
were baptised by Mr. IVray. behaving amiss ; but as they now
behave better, I comply with their request, and recommend
them to you as well disposed people. Thus I think the very
reverse of the first charge is manifested.
it is a bold assertion, but not more bold than true, that there
is not a single negro witness upon any material point, either In
support of the second and third, and fourth charges, or in sup-
port of the defence, who is not either contradicted by himself
or b_y sonic other witness.
Mere he proceeded to compare the evidence, and pointed out
many contradictions.l
Is this evidence, he asked, sufficient to convict any indi-
vidual of an offence; much more one of so high a nature as
that with which I am charged ? It is true that it would seem
as though these various tales had some foundation. I have
stated clearly in the defence the simple facts from which all
these various tales have sprung. Alen who cannot remember
simple facts, such as knowing whether any one was present
during a conversation, or whether they left a house alone, or in
company with another, are not likely to be very accurate in the
narration of a conversation. Which of these witnesses is the
one to be believed ; they are all alike ; they are all at variance
with each other ; and whether one is to be selected in preference
to the rest, or all are to be discredited, is a matter to be deter-
mined solely by the Court. I think I have shown that it will
require at least some discrimination to discover the own worthy
of any credit. They cannot all be believed ; no two of them
can be believed together.
Seaton and Bristol state they were standing in the back gal-
lery, and I was in the hall, at sonic distance front them, when
Quamina made his communication•; this renders it highly im-
probable that !the conversation with Quamina should produce
any effect on my mind ; for it was certainly a strange mode of
making so important a communication to be standing at a dis-
tance, which would necessarily require a louder tone of voice
than ordinary. It appears also highly improbable that a com-
munication of so senous a nature should be made in the hear-
ing of Mrs. Smith, and tour men who were standing near him.
If he said any thing about driving the managers or white peo-
ple to town, it was not in my hearing. What passed between me
and Quamina was in a loud tone of voice, and heaid, though not

heeded, by Mrs Smith, she being at the time attending to other
concerns. I have already in my defence, page AB,
9, stated all
that passed relative to the matter in queition. How far the evi-
dence, divested of its inconsistencies and contradictions, hears
me out, I must leave to the judgment of the Court. The evi-
dence, in fact, is such as to render it impossible for any one to
say, that from it alone the real truth can be ascertained.—
That negroes are not verbally accurate in general is not only
well known and proverbial, but has been proved by II- Van
Cooten, a resident among them for fifty years ; he swears
he would not entrust even a common message to the me-
mory of any one of them, for ten to one if they'd carry it
correctly, though some might do so. I need not tell this Co' ort
that positive assertions alone are. evidence in a case of thi3.
kind. Negroes may speak to facts, but in their notions of
time, and in verbal accuracy, they are miserably deficient;
and even had there been no positive evidence on this point, it.
would have been apparent from the evidence of the whole of
them on this trial. The whole conversation occupied but two
or three minutes, and I had no conception that even negroes
were so ridiculous as to have chosen such a time and such a
manner to have given information upon any serious subject,—
I did net consider it as information, or I should have acted ac'
cordinglv.
On th'e .laat charge.—Romeo, one of the witnesses for the
prosecution, says that he came to visit me on the Tuesday
evening after the revolt, that is, on the 19th of August, and
that I expressed a wish to sec Quamina or Bristol. No one
but Mrs. Smith being with me diet evening, I could not bring
forward a witness to prove that he did not come to me that
evening ; but I hare proved diet the circumstance which he
said occasioned his coming to me never occurred. ' lie said, -I
went to visit Mr. Smith in the evening, seeing the negroes
were making a great noise, and my heart was uneasy ; both
Charlotte and Susannah have proved that there was no noise on
the estate that evening. I deny that he came to me that even-
ing ; and I further deny, that after the revolt I expressed any
wish to sea either Quamina or Bristol. With respect to inf-
seeing Quamina on the Wednesday, the only one of the time;
circumstances apparently militating - against me, which was
capable of being so disproved, has been so by Elizabeth.
Antic swears Quamina went in at the back door, and as lie
entered Mrs. Smith shut the door; Elizabeth swears she saw
Quamina with myself and wife, and that the back door was
open all the time Quamina was with us. Elizabeth swears she
was in the kitchen, and yet we talked so loud that she could
hear us ; not a very natural tone of voice this for a conspirator
and eider and assister of sedition and rebellion ; nor was it
very natural that the doors should be all open.
The third circumstance is related by Elizabeth, viz. that
Mrs. Smith threatened her ; but even Elizabeth is not alto-
gether a correct witness ; she says the revolt began at Le Re-
souvenir at seven o'clock. Dora and Mr. Hamilton (the let-,
ter
_of whom must certainly be credited in preference to the
others, with respect to flee time), from circumstances, fix the
commencement of the revolt at a quarter past six, at all events,
" in the gloaming." When the negroes revolted, it was so
light as to allow Mr. Hamilton and Dora to ascertain persons
at the distance of from sixty to eighty roods. Ido on this last
charge insist that I ant innocent. It has not been shewn that
Quamina was a rebel ; even if the Court should come to the.
determination that it is unncessary to prove Quamina
have been a rebel, still Linust insit that proof of my knowing-
him at the time to have been a rebel is necessary.
I must observe, that it is impossible to come to a conclu
sion upon any one of the charges without taking the whole of
the evidence into consideration ; if this he done, it is mani
fest that neither myself nor my doctrines were the cause of
the revolt; that my name was never mentioned by any of tha.
negroes as being connected with the revolt. Mr. Austin de-
clares he went up amongst the revolted negroes, prejujicta
against me, yet in his examination says, " I mug add, that
in no one instance among my numerous inquiries did it appear
that Mr. Smith had been in any degree instrumental in the in-
surrection." Lieutenant-Colonel Leahy, who was in command
of the whole coast, who was amidst the Negroes on every oe-,
casion, and who had every circumstance worthy of notice con-
veyed- to him, says, " not recollect hearing the prisoner's
name mentioned till I came to town." Take then Hamilton
evidence, that of ‘;tewart, Elliot, and Davies, and the Certifi-
cates, and what will not their testimony weight against a num-
ber of ignorant Negroes, under the influence of their masters ;
under the fear of punishment for their conduct • and therefore
glad to throw the blame upon any one rather than allow it to
remain with themselves, as it really does. Contradicting them-
selves, contradicting each other, and no two of whom agree
upon any material point. One would think that Quamina 's
motive for driving the white people would have been remem-
bered by four persons, in whose presence he is said to have as-
serted it, yet Bristol says, " it was because the negroes free-
dom had come out." Peter, "to seethe Court, to get the new
law."—Shute, " to get something good for the negroes," and
" a day or two for themselves ;" and Seaton remains silent on
that point, assigning a direct falsehood that he was not present;
Bristol and Jason, witnesses called by me to prove' when I
read about Moses and Pharoah, say about two or three months
before the revolt. These witnesses could not read. hoodoo,
however, who could read, and whose knowledge was tried
by the Court, proved that it was two years ago, the time stated
by me in my defence. This is sufficient to shew how inaccu-
rate is negro evidence in general ; add to all this, the scantiness
of the evidence against me are, notwithstanding the immense
exertions that have been made to procure it. That my defence
was written upon my suggestion before my Counsel had et"
my witnesses; and done so on my own consciousness of inno-
cence; that many of my questions have been bold, even to
rashness, from any other than an innocent man ; and, let ino
ask, what evidence is there before the Court that is suflident
to condemn me.

Gentlemen, to you my case is now confided. Whatever be
your determination, I do, as a Minister of the Gospel, in the
presence of my God, most solemnly declare my innocence.
(Signed) JOHN SM IT IT.
The defence being :losed, the Prosecutor made a long reply
on the 28th day, Tuesday, Nov. 18.

THE SENTENCE OF THE COURT.
• - 24Tu NOVE MBE n.

The Court having found the prisoner, John Smith,
as above specified, does therefore sentence him, the prisoner,
John Smith, to be hanged by the neck until dead, at such time
and place as his Excellency the Lieutenant-Governor and
Commander in Chief may think lit to direct. But the Court,
under all the circumstances of the case, begs humbly tout:m.l7"
mend the prisoner, John Smith, to mercy'.
(Signed) S. A. GOODMAN, Lt. Col. and Pres.
-(Signed) J. L. SMITH, Jun.,. Assist. Judge Advocate.
Approved,
• (Signed) JOAN MURRAY.

COURT OF CHANCERY.—(rni, DAY•)