The Sun.
London, England, 1845-07-28 00:00:00

THE SI.N, LONDON, MONDAY EVENING, JULY 28, 1845.

Arcanus, 6 yrs, Est 101 b Hersey, 8 yrs, Est
Secundus, 4 yrs, Est 91b Clumsy, 3 yrs, sst 91b
Maid of Orleans, 3 yrs, 6st 71b Remorse, 3 yrs, sst 51b
Miss Elis, 3 yrs, 6st 61b Richard Cricket, 3 yrs, sst
Remnant, aged, Est 41b Psalmsinger, 3 yrs, sst
Skeleton, 4 yrs, Est 41b Captain Phebus, 3 yrs, pd
c by Slane, out of Cobweb, 3 c by Bay Middleton, out of
yrs, Est 21b Miss Whip, 3 yrs, pi
ilEgis, 3 yrs, Est
The Bentinck Stakes of 5 sovs. each, with 50 added by Lord
G. Bentinck ; the winner to be sold for 100 sous; to close
and name before dinner on the second day of the races, and to
be ridden by members of the Goodwood Club; Maidstone
Course.

MArcH—Mr. Phillimore's f Lady Anna, by Liverpool out
of Adeline, agst Mr. King's f Lady Trampoline, Bst 41b each ;
100, h ft ; last mile.
The Maidstone Stakes of 15 sovs. each, with 50 added by Lord
Maidstone.
Nereus, 3 yrs
Pythia, 3 yrs
Lothario, 5 yrs
Pugilist, 4 yrs
Sorella, 4 yrs
lonian, 4 yrs
Queen Mab, 6 yrs
Crosby, 4 yrs
Red Deer, 4 yrs
General Pollock, 5 yrs
Miss Elis, 3 yrs

Switcher, 4 yrs
Discord, aged
Joe Lovell, 4 yrs
Subduer, 5 yrs
Venus, 5 yrs
Millepede, aged
Corrauna, 6 yrs
Aristides, 5 yrs
What, 5 yrs
Milden, 3 yrs
Parthian, 5 yrs
John o'Gaunt, aged

HORSES ARRIVED OR EN ROUTE.
Corumba colt, 3 yrs., Sir Hercules colt, 2 yrs., Europa,
Ajax, Merpeth, Skeleton, Lady Anna, Subduer, Voltri,
Stumps filly, the Libel, the Merry Monarch, Sting, Stomacher,
Needful, Titmouse, Example, Frederica filly 2 yrs., Remorse,
Fair Jane colt, Nottingham, the Drummer c. by Caesar out of
Mis 3 Crockford, filly Retriever out of Emilia, Wee Pet, To-
paz, Pine Apple, Adonis, Lydia Languish, Aristides, Quebec,
Vaudeville, Plaudit, Sotades 2 yrs., Silvius 2 yrs., Britannia,
Joe Lovell, Arundo, Ingo 2 yrs., Valerian, Saddlebow,
Ukraine 2 yrs., Semiseria, Psalmsinger, Arcanus, Spur 2 yrs.,
Boarding School Miss, the Roper, Wolfdog, Venus, /Kgis, Ve-
natrix, Queen Mab, Collingwood 2 yrs., Sir Francis, Deer
Chase 2 yrs., Hersey, Garry Owen, Samphire 2 yrs., Anna
Perena, St. George 2 yrs., Akbar, Brother to Valentissimo,
Gwalior, Mayflower, Auld Lang Syne, Crossus, Epaulette,
Moustache, Tub Thumper, Little Jack, Sorella, Sister to
Pompey 2 yrs., Secutor, Fickle Wild Rose, Pythia, the Altered
One, St. Lawrence, Winchester or Weatherbit, Old England,
Mendicant 2 yrs., Vates, Giantess c. by Slane out of Adele,
Worthless, Bastion, Witticism, Wits'-end 2 yrs., Wilderness 2
yrs., West Countryman 2 yrs., Wooden Wail 2 yrs., Cock-
fighter, Stitch, Jenny Wren, Knight of the Whistle, Ark-
wright, Pam, My Old Hack, the Cure, What, Gwalior,
Wheel, Beaumont, Alamode, Dean Swift, Polka, 2 yrs, Cam-
baules, yrs.

LATEST BETTING IN TOWN.
GOODWOOD STAKLS.
5 to 1 agst Kent's lot—taken
6 to 1 agst Lord Stradbroke's Boarding-school Miss
9 to 1 agst Mr. W. IL Johnstone's Pythia
12 to 1 agst Mr. A. W. Hill's The Libel
14 to 1 agst Lord Exeter's Wee Pet
15 to 1 agst Mr. Etwall's Egis
20 to 1 agst Duke of Richmond's Lothario
25 to 1 agst Lord G. Bentinck's Miss Elio

30 to 1 agst Lord llowth's Warp—ta. to 1001. in one bet
Boarding School Miss, Pythia, and iEgis, in most request.
GOODWoOD CUP.
10 to I agst The Drummer—taken to 251.
10 to 1 agst St. Lawrence—taken to 20/.
30 to 1 agst Stomacher—taken to 5/.
Ironmaster has been declared not to start.
ST. LEGER.
10 to 1 agst Mr. Gully's Old England—taken to 50/.
We are informed that the Duke of Richmond will entertain
a large party during the races ; every room in the house that
can be spared is converted into a bed-room ; even his Grace's
family will be turned out of their apartments to accommodate
their friends. His Majesty the King of the Netherlands is ex-
pected in the course of the week. Every stall in the neighbour-
hood is engaged ; the lodgings and houses at Bognor, notwith-
standing the outrageous prices demanded, are all taken, and
very few are unengaged at Chichester. All accounts concur in
stating the course to be in beautiful condition, soft as velvet,
with a sward that will stand all the cutting up it is likely to get.
The races commence each day at half-past twelve o'clock
precisely.
•

ASSIZE INTELLIGENCE.
WESTERN CIRCUIT.—Exeter, July 24.
(CROWN COURT.)
TRIAL OF THE MURDERERS OF THE CREW OF
THE WASP.

This being the day appointed for the trial of the prisoners
charged with piracy and murder on the high seas, the greatest
excitement prevailed, and euriosity was wound up to the
highest pitch to get a sight of the prisoners. The outer court
gates were kept closed, in order to prevent too great a rush
into the castle avenues ; and the upper part of Castle-street
was densely crowded with persons, many of them respectably
attired females, desirous to obtain admission. In the interior
of the Castle additional barriers were erected in the part de-
voted to the public, to prevent too great a rush of persons ;
and, for the accommodation of the reporters of the public
press, an additional temporary desk was erected.
The prisoners were thus described in the calendar :—Fran-
-cisco Fereira de Santa Serve, aged 39,able to read and write well ;
Janees Majaval, aged '22, imperfect education ; Manuel Josi
Alves, aged 23, imperfect education ; Florenco Ribeiro, aged
30, imperfect education ; Juan Francisco, aged 35, no edu-
cation ; Jozi Mari Martinos, aged 33, imperfect education ;
Antonio Joaquim, aged 25, no education ; Sebastian de San-
tos, aged 26, imperfect education ; Manvil Antonio, aged 22,
no education; arid Joze Antonio, aged 18, no education. The
charge against them was for having, on the 3d day of March
last, on the high seas off Lagos, in the Bay of Benin, on the
west coast of Africa, wilfully murdered Thomas Palmer, mid-
shipman of her Majesty's ship Wasp, and James Mullins,
George Goddin, Thomas Barfoot, James Mitchell, Thomas
Gould, James Beynon, and Edward Marshall, able and ordi-
nary seamen of the same ship. They were further charged with
piracy on the high seas.
Majavil, the alleged and actual murderer of Mr. Palmer, was
placed next the jury. Though cook of the vessel, he had
rather a romantic air, and was decidedly the most prepossessing
man of the party—he might have passed for an every-day copy
of one of Byron's sea ruffian heroes. Next to him stood Serve,
the projector of the bloody tragedy, according to the testimony
of Caqueira. Majaval had on him the attire of his vessel.
Serva's doubloons had enabled him to array himself in English
clothing. A new black coat, a clean white shirt, and superior
new clothing generally, marked his station as skipper of the
gang, even in the dock. There was something inexpressibly
sinister in his countenance, especially when he turned down his
face and appeared to be endeavouring to look placid and re-
signed to those evils which good men in this world are doomed
to encounter. If scoundrel and hypocrite, ruffian and sneak,
were not written in his visage, foul passions and foul feelings
were never yet depicted in the human face divine.
The other prisoners were a motley group—more or less
tanned by the African sun, or skin-dyed by the African blood
which, not unmingled with European, flowed in their veins.
They were roughly clad in wild sailor fashin—wild and lawless
enough of aspect; but their countenances did not betray that
ferocity which might have been expected from their bloody
outburst.
At nine o'clock precisely Mr. Baron PLATT entered the
Court, and the proceedings immediately commenced. The pri-
soners were then placed at the bar.
The casefor the prosecution was conducted by Mr. Godson,
Q. C., Mr. Cockburn, Q. C., Mr. A. Heyward, Q. C., and
Mr. Poulden ; attorney, Mr. Eastlake, solicitor to the Ad-
miralty, Plymouth.
The defence was conducted by Mr. Sergeant Manning and
Mr. Collier ; attorney, Mr. Edmonds, of Plymouth.
About a quarter to nine the counsel and attorneys engaged
in the case entered the Court, and about the same time J. C.
Sercombe, Esq., the Spanish Consul for this city, and F.
Hirtzel, Esq., the Portuguese Consul, Captain Martin, of Ply-
mouth, who was to act as interpreter for the prisoners—followed
by Mr. Bellamy, of Plymouth, clerk in the mercantile house of
Fox, Sons, and Co., of Plymouth, who appeared to act as inter-
preter to the Crown. It was expected that one or both of the
Consuls-General for Spain and Portugal would have come from
London to be present ; but neither of them was in Court.
Copies of the jury panel were handed to the attorneys for the
prosecution and defence, by Mr. Horne, that they might be
prepared to challenge when the jury came to be sworn.
Mr. Serjeant MANNING demanded a mixed jury on behalf
of the prisoners,, for which the Under 'sheriff had made provi-
sion, by summoning the various foreign residents of the neigh-
bourhood. '
Mr. Bellamy was now sworn as interpreter for the Crown.
The Clerk of the Arraigns—New, interpreter, tell them that
they stand indicted for the wilful murder of Thomas Palmer,
on the high seas, on board a vessel called the Felieidade, on the
2d of March last, by Janees Majaval striking him and stabbing
him with a knife, giving him a mortal wound upon the belly;
that the other prisoners ( who were named) were present at the
time. The second count charged them with causing his death
by drowning.
The charge against the prisoners was interpreted to them as
it was read by Mr. Horne. On the first count being read and
interpreted, Mr. Horne inquired if that waa sufficient; but Mr.
Sergeant Manning, for the prisoners, required that the second
count should be gone through, which was formally done.
Mr. Sergeant MANNING-12efore these prisoners plead to
this indictment, it is necessary for me to say, your Lordship,
that I consider the indictment is bad in point of form, and that,
under advice, they have demurred to the indictment.
The JUDGE—Do the counsel for the prosecution join in the
demurrer ? These having replied in the negative,
The JUDGE—The proper time to take the objection would
have been after conviction ; but, in this case, you must take it
before the plea.
Mr. Sergeant MANNING then cited a case from 3 Carrington
and Payne's Reports, p. 425, to show the course of proceeding.
In the case he cited—it being questioned whether a particular
count in an indictment for felony was not bad, upon demurrer
upon an objection, the Learned Judge, in the case referred to,
directed, to save the public time, that the case should be pro-
ceeded with, and, in the ease of conviction, the prisoner shouid
have the benefit of arguing the point afterwards.
The JUDGE—For what purpose do you cite this, Sergeant
Manning? You have already demurred. lam ready to hear
your argument ; I do not want a case to tell me that I shou
do so.

Mr. Sergeant MANNING—Very well, my Lord. The ob-
jection is this. The verdict states—" That the prisoners, with
force and arms, upon the high seas, in and upon one Thomas
Palmer, in the peace of God and our Lady the Queen, then
being in a certain vesrel, known as the Felicirtade, did feloni-
ously and wilfully snake an assault." Now, this being a statu-
table offence, I submit that this indictment should have con-
cluded contra formam statutis.
The JUDGE—What is the statute that makes murder upon
the high seas a statutable offence ?
Mr. Sergeant MANNING—The statute of Henry VIII.
The JUDGE—The statute of Henry VIII. 1 They used to
treat murder as a statutable offence before the time of
Henry VIII.
Mr. Sergeant MANNING—Yes, but it was cognisable by the
Civil Court prior to that ; and not now being a cognisable
offence at common law, it is incumbent on the prosecutor to
allege thit this offence was committed against the form of the
statute.
Mr. COLLIER—The definition, my Lord, is that the offence
is committed in some county in this realm, in rerum natures
within the peace. Then, not being committed in any county,
it is clear that if it is cognisable it is cognisable by some statute;
and if by any statute, it is necessary to aver that the offence was
against the statute.
The JUDGE--It appears to me that this crime of murder
upon the high seas was cognisable by the Lord High Admiral
before the statute of Henry VIII. The statute of Henry
VIII. was passed for the purpose of amending the law, and
declaring that the mode of trial should be according to the
common law of this realm, -by which means, (hose who were
to be tried should be entitled to a jury. Since that time an
Act of Parliament has been passed for the purpose of directing
where the Lord High Admiral should hold his sessions, The
trial is, therefore, to be taken before a' jury. The clime re-
mains the same, and is not touched by any statute.
The interpreter now put the question to Majaval.
Interpreter—He says he is not guilty of anything of the
kind.

The fourth prisoner said that the magistrates and the bench
must decide whether he was guilty or not.
Clerk of Arraigns—Tell him he must answer.
Mr. COLLIER (prisoner's counsel)—This interpreter speaks
Spanish—they don't understand him, for they are Portuguese.
The interpreter told them all to rise, and they did so. He
said, " You see, my Lord, they all understand me."
JUDGE—They do not make any difficulty about it.
All the prisoners now pleaded Not Guilty.
The following were now called on the
PETTY JURY—Richard Veale, James Gill, William New-
ton, Jun., Henry Manley, Thomas Tout, William Rendle. Fo-
reigners—Francis Duvai, Francis Adolphe Moschisker, Joseph
Viviani, Paul Courti, Anselm Speigelhader, Matthias Brown..
They were then severally sworn to try the prisoners on the
charge for the merder of Thomas Palmer, Janees Majaval, as
principal, and the others aiding and abetting.
Mr. Godson addressed the jury for the prosecution.
The same witnesses who were examined at Plymouth were
then called, and repeated the evidence which they gave on that
occasion, and which has recently appeared in extenso in the co-
lumns of The Sun. The trial -lasted over the whole of Thurs-
day and Friday.
The Counsel for the prisoners having severally addressed the
_ _

The Learned JUDGE summed up. He commenced by
stating that the ten prisoners stood charged with a very
heinous offence, and which required their patient attention.
He was clearly of opinion the prisoners must be treated as
Brazilians, because sailing under the Brazilian flag; if this was
not the case, then an American crew might navigate a Brazilian
slaver, and carry on in her that trade which had been de-
clared piracy, and be irresponsible. The Felicitade was a
piratical vessel, and liable to be boarded by her Majesty's
cruisers, and the crew treated as pirates. The vessel having
been so taken, ceased to be a Brazilian vessel, and must be
considered as one of the boats of the Wasp. As such she had
taken another vessel, the Echo, as a piratical vessel, and he was
bound to tell them that that too was a legal capture, and the
captors were legally on hoard of her, and within the
peace of the Queen. The vessel was then the do-
minion of her Majesty, and if during that period any English-
man had murdered a foreigner on hoard of her, he would be
liable to be hanged, according to the English laws. His Lord-
ship concluded a very impressive charge, which lasted upwards
of two hours, by solemnly imploring the jury to do their duty,
however painful it might be, and regardless of the consequence.
They held the scales of justice, in a matter of life and death,
and they must exercise it calmly and dispassionately.
The jury, after a short consultation, asked to retire. After
an absence of three-quarters of an hour the jury returned, the
prisoners were then brought in, and the Learned Judge having
taken his seat—

The Clerk of Arraigns—Gentlemen of the jury, are you al
agreed in your verdict?
The Foreman—Yes.
Do you find Janees Majaval Guilty or Not Guilty ?
The Foreman—Guilty.
The same question and answer was put and given with re-
spect to Francisco Serva. Maria Jose Alves, Florenco Ribeira,

Juan Francisco, Jose Maria Martinos, and Antonia Joaquim,
who were all severally pronounced Guilty. Manuel Antonio,
Joze Antonio, and Sebastian De Santos were each pronounced
Not Guilty ; an intense interest reigned throughout the
Court.

In reply to a question through Sergeant Manning, the Jury
said they convicted on the third count, for drowning, &c.
The Clerk of the Arraigns—Have you anything to say why
the Court should not award judgment?
Majaval (through the interpreter)—l have nothing to say
more than one thing, that all they have sworn to is false. The
others, with the exception of Jose Francisco and Alves, said
nothing. _ _

The Learned JUDGE then proceeded to pass sentence of
death. You have been all found guilty, after a most careful
trial, by a verdict of the jury—a jury who have exhibited feel-
ings which do them high honour—who, notwithstanding the
bloody deed out of which this investigation arises, have dealt
with every mercy and considerate attention for your protection.
They have sifted the evidence and the testimony of the wit-
nesses with that care which their duty called for, and which
have been pre-eminently exhibited upon this melancholy occa-
sion. Although none of you shed a tear or yourselves, they
shed tears over your misfortunes. (Majaval shook his head in-
credulously.) They are tears which are honourable to their
Christian feelings, but this is not a case for tears ;
the justice of the country must be vindicated with
all its severity, although it will extend to you
more time for preparation than you gave to those
unfortunate men to meet their end. You were engaged
in an odioui traffic, denounced by all the Christian
powers of Europe. You were engaged in breaking the law,
which had been passed between your own nation and this coun-
try ; and in order to extricates yourselves from the consequences
of that winked course, you did 11. flinch from ding Chris-
Pau blood. " Winn sheddith, aWaif 'banal