Star.
London, England, 1825-10-14 00:00:00

FRIDAY, OCTOBER 14, 1S:)5.

,

TRIAL FOR PIRACY.

ST. CHRISTOPHER, JULY i 9.
COMPETENCY CP SLAVE TESTIMONY.

At the Court of Admiralty Sessions, of John Fletcher
and William Arrindell, free black men, have been tried
and convicted for a felony on the high seas. The pro
secution was conducted by his Honour the Attorney-
General, Mr. Skilling, and Mr. Smi:h ; the defence by
Mr. Woodcock and Mr. Hanley.

Fletcher was first put on his trial ; and Mr. Smith
opened the case, and stated the particulars—namely, the,
the prisoner, with his accomplice Arrindell, had taken
away from Nevis, in a boat, a slave, named Branch
Hull, on the night of the 10th of October last, and had
thrown him overboard, detaining his clothes and other
articles ; fir which robbery he was indicted. The
Attorney-General rose to examine the e. idence ; when
the prisoner's Cciunsel objected to a wittiest cant d, who
was a slave, on the ground of his condition rendering
him incompetent to give evidence in any Court in this
island, under the existing laws. The Counsel for the
prosecution replied to this objection; and the Court
having deliberated thereon, his Honour the Chief
Justice delivered the following opinion:—
" We know that the Courts have long since disre-
garded the subtle grounds upon which the old cases
rested, as to the competency of witnesses; that they
!stare endeavoured, as far as possible, and consistently
with existing authorities, to let the objection go to the
credit, rather than to the competency, of a witness.
We adopt this principle in its fullest extent, and, con-
vinced that it is both expedient and salutary, as tending
to the attainment of the great ends of justice, I shall
proceed to consider the objection taken to the com-
petency of this witness. He is a slave, and it is
contended, that being a slave, his testimony, by the
usage of the other Courts of Judicature in this island,
cannot be received. This opinion was supported by
some position, for which I in vain required that au-
thority should be cited. It was urged, that by the
practice of other Courts, such testimony is rejected, as
affecting the remotest interest of any one who claims to
be free; but this is too broadly laid down. A mere
claim to freedom would not be sufficient—the party
must be actually free. I well remember the case which.
hay been cited ; for I presided in the Court of King's
Bench and Common Pleas, on the occasion whets the
Court rejected the evidence of a free man, relating to
a fact which occurred whilst he was in a state of
slavery; and I had the misfortune to differ from my
learned associates upon that occasion ; for I could not
reconcile the principle with any notion of justice or of
reason, that this man being free, should be deemed by I
law competent as evidence of a fact which occurred
yesterday, whereby the life of a fellow-creature might
be taken away, but, being a slave the day before,
his evidence is to be rejected upon the most trivial
question of property, belonging to a free person,
and arising during the period of his servitude; We
have no law whereby the evidence of a slave is rendered
inadmissible in regard to free persons, in our Courts of
Justice: but it is the usage of these Courts, and, there-
fore, there is all the force of the law to reject it; and it
may thus be accounted for —When our Courts were
first established, our slaves were savages from the
Coast of Africa. Their want of reason and understand.
ing rendered them, as the same defects would have
rendered any other individual, incompetent as witnesses.
That objection arising from their barbarism has, by the
received opinion and practice of the Court, been at-
tached ever since to the servile condition ; although by
the progress of Christianity, and of consequent civili-
zation, the force of that objection is weakened; and
we now see that it is safe, expedient, and just, that
such an impediment to the investigation of truth and
justice should be removed—under those precautions
and safeguards which the peculiar constitution of our
society requires. We at once admit that the uniform
and solemn decisions of a Court are binding upon the
practice of that Court; but it may not be contended
that they are binding upon any other independent Court
of Judicature. It so happens that the Commissioners
now presiding, are the Judges of the Court of King's
Beach and Common Pleas, where our minds are habi-
tuated to the rejection of the evidence of a slave, as
affecting in the remotest degree the interest of a free
person. But it has been the pleasure of his Majesty
to name other persons as his Commissioners, who are
strangers to the Colony, to its Courts, and its customs,
to whom the practice of another Court (which practice
is a departure from the grand principles that govern
the rules of evidence), as binding upon this, must
have appeared, as indeed it does to me, a very strong
attempt to invade their reason and their judgment.-1
will also put a case, not so happily, indeed, as it has
been put by the Attorney-General, but still disposing
of the question. Under the authority of this Commis-
sion, the Court can only assemble in this island ; but it
Might have been the pleasure of his Majesty to autho-
rise the Commissioners to hold the Court in other
islands also—in Dominica for instance. In Dominica,
the evidence of slaves, under certain regulations, is ad-1
mitted, as affecting free persons, in their common law'
Courts. Is this Court then to shift its practice accord-1
ing to the shifting laws and usages of the several
islands? Surely we must be governed by one pre-
vailing comprehensible system, founded upon the law
of the realm of England. But it has been said in ar-1
gumeht, that the word slave is unknown to the law of I
England. lam not prepared to admit that. It was
not only known to the law of England, but was also
visited with the disabilities of the servile condition ;
but among these disabilities we do not find his incom-
petency as a witness. In 3d Blackstone's Commentaries,
we find that the slave or bondman, not being liter ef
legalis limo, was not allowed to sit on Juries ; but we
search in vain for any disqualification of him as a
witness. This is an offence not against this Colony,
except as it is a component part of the empire. But,
atter all, is not the question absolutely disposed of by
the authority under which we are assembled? The
46. h Geo. 111. c. M, says, that the offence which is
now the subject of investigation shall be inquired of,
adjudged, and determined, according to the common
course of the laws of this realm, and not otherwise, in

PRICE SEVEN-PENCE.

any of his Majesty's Colonies, by virtue of the Com-
mission before us. We have, therefore, simply to inns; re,
what are the disabilities which, in the common course
of the law of the realm, render a witness incompe-
tent ? These objections, we find, are fourfold—(l
18.) The first ground of incompetency is want of reason
or undeistanding—a second ground is defect of reli-
gious principles—a third ground arises from conviction
of certs in crimes,or from infam yof character —the font th
and most general cause of incompetency, is interest.—
And in lJerdaine o. Dashbrooke'
(7 T. It. 610), Mr.
Justice Lawrence said, find n 3 rrle less comprehen-
sive than this, that all persons are admissible witnesses
who have the tr,e of their reason, and such religious
belief as to feel the obligation of an oath, who have not
been convicted of any infamous crime, and who are not
influenced by interest.' Abstractedly speaking,. there
cannot be more reason for suspecting she evidence of the
witness on the floor, than that of any other individual,
under the same circumstances as the injured party. if
his evidence is clear, full, impartial, free from all sus-
picion and bias, he will produce in every mind, even in
the most scrupulous, the strongest and deepest con-
victiln, without any regard being had to his servile acid
degraded condition. If, on the contrary, by any con-
tradictory statements, or by any of those indications
which those who are practised in our Courts know how
to detect and to expose, as discrediting a witness, he
will not be worthy of credit, and all that he utters will
fall harmless, as it regards the prisoner at the bar. In
short, it is the character of the witness, and the charac-
ter of the evidence, that must prevail (1 Phil. 148).
Under these consiJerations, it is our unanimous opinion
that this is a competent witness."

The witness, Branch Hull, was then sworn, and stated
the circumstances in substance as follows :—That he
met the prisoner one day in Charlestown, and went, by
his invitation, to his house; prisoner inquired if he was
a free man ? witness replied " Not' prisoner said,
" What! such a man as you a slave?'' and asked to
whom witness belonged? he replied, " to Mr. Webbe ;"
prisoner told him he hd carried many friends from
Iseveral islands, and if witess would geta little money,
he would carry him; witness asked how much he would
carry him away for ? he said a doubloon; and told him,
on his leaving, that he must keep a still tongue, and say
nothing about it. Witness went to town another day,
and prisoner asked him if he was ready? he replied "I
am ready—what do you ask me now ?" prisoner said,
"as you have been picking up money a long time, 20
dollars ; witness proposed to him to take stock, to
which he agreed, and witness was to carry him a pig
for four dollars on the following Sunday; the prisoner
said, " If anybody asks you about the pig, say it is
mine, that I bought it from you;" witness carried hire
the pig, and asked him, if he took him away, where
he would put him? he said; " How can you ask so
foolish—do, you think I am going to put you where you
would be troubled? give me 20 dollars, and I will give
yolt a pass; look at your master's negro, William Law-
rence, I. took him away, and he is making plenty of
money; told witness to call next night; when prisoner
took him to Arrindell's house, and the bargain was
made—witness to give a goat and two sheep, and what
money he could get; witness carried the sheep, saw
Fletcher and Arrindell together, and gave the latter two
dollars towards the passage money ; this was on Friday;
prisoner told him to call the next day early, and he
would take him away ; he went, carried his clothes to
Arrindell's house, and slept at Fletcher's that night;
on Sunday morning, prisoner said," You must not stay
here through the day, people will suspect ;" witness
went to Black-rock Fort, and remained there till night,
when he returned to prisoner, and told him he had for-
gotten his promise about the pass; prisoner wrapped
him up in the beat's sails, and told him to stay until he
came for him ; prisoner came, and witness assisted in
carrying five or six boxes of salt fish and other things
to the boat, and also put into it his clothes ; prisoner,
Arrindell, and witness, got into the boat (called the
Vigilant, belonging to Mary Gardener), and proceeded
to sea; it was very calm; witness asked for something
to eat ? prisoner said he had not a knife, witness gave
him his, which he did not return, and winless after.
lwards saw he had one tied up in a handkerchief, which
gave him suspicion ; shortly after, prisoner said to wit-
ness, "We are going to gibe ;" they were then in the
channel between Montserrat and Rodunda, Arrindell
steering ; prisoner went to trim the boat, and said to
witness, " We are going to gibe, you must sit on the
gunnel ;" witness sat close to, but not on, the gun.
nel; prisoner edged up to him, and bade him sit on the
gunnel ; he did so, and Fletcher and Arrindell then
spoke in some language he did not understand ;
Arrindell afterwards said to the prisoner, " What
the devil are you about ?" upon which, prisoner took
witness by the leg, and chucked him overboard, say-
ing, "Ali, my boy, I have got you, you will soon
be stifle' witness caught the boat aft, and told the
prisoner it was cruel; Arrindell laid hold of his wrists,
saying, "Let go the boat, you d—d rascal !" witness
held on; prisoner came to the stern, held witness's
head down on the gunnel, and Arrindell raised the
tiller ; witness looked up, and exclaimed, " Oh GOD I'
and Arrindell let the tiller fall; prisoner said, " What
the devil are you doing, why not kill the man? do
you want a fishing-boat to come up, and make trouble
for us, and we shall not be able to go to Nevis again ?"
Pi isoner then stretched out his foot for the knife that
had fallen out of his handkerchief, which witness seeing.
he slipped away, and went down in the water ; when •
he rose, be pretended to be unable to swim ; prisoner
said, " Ah, my boy, I have put you where I have put
many, in a few minutes you'll be stiff;" this happened
between one and two in the morning of Monday
(October 11); they had left Nevis the preceding night
late; the boat sailed away, with witness's clothes, &c.
which he never recovered; he remained in the sea until
nine or ten o'clock, when be was picked up by a fishing-
boat ; he had been swimming all the time, endeavour -
ing to get back to Nevis.
John Wilkinson sworn—He said that be had gone
out fishing early on the morning of the 11th October,
and seeing something at a distance in the sea he made
up to it, and it proved to be Branch Hull, who at-
tempted to get into the boat, but was unable to do so
from weakness; witness assisted him in, and he sa t
down, trembling very much, and, on recovering a lade

r•••

moss -
strength, he related to wripess the circumstances he had
given in evidem; when peeked up, he was about three
miles from the land. .

The Counsel for the prisoner declined any further
interference in a case of guilt so Ireintius and palpable,
and the Court called on him for his defence. What he
stated fully corroborated the evid-nce given, but he de-
nied any wilful intention of destroying the man he had
thrown overboard, who, he expected, he said, would
have easily made the shore.
His Honour the Cuter Jessica charged the Jury, who imme-
diately returned a verdict of guilty.
Another Jury was then empanelled, sod the other prisoner,
Arvind,'tl, put on his trial ; and, on the same evidence, be was like-
wise found Guilty.
The awful sentence of the law was then pronounced
on the prisoners, in a most solemn and impressive
manner—the Court enjoining them, as the first step
towards obtaining that mercy in the next world, which
the outraged laws of the country could not grant them
in this, to make a full and ample confession of their
flagrant crimes.
From the period of their condemnation, these unhappy
malefactors were visited by several Ministers of the
Gospel ; but, we are sorry to learn, that their pious and
laudable exertions to awaken them to a proper sense of
their dreaded situation were unsuccessful, particularly
with regard to Fletcher. Arrindell, we understand,
shewed some contrition, and protested that he had never
been concerned in any other similar crime than that
for which he was to suffer, but the other criminal re-
mained obdurate and inflexible to the last, and could
n't be prevailed upin to make any confession.
About 12 o'clock on Saturday, the day appointed for their exe-
cution, they were conveyed from the jail, in a cart, to the bay at the
foot of the Pond estate, where the gallows was erected. The pre-
parations for their execution were soon completed, and they were
both launched into eternity, in the presence of an immense concourse
of spectators.

INI)1A.
-.011,..--..

In the STAR of Monday we briefly noticed the deci-
sive successes obtained over the Burmese forces by Sir
ARCHIBALD CAMPBELL. We now lay before our
Readers the details of those operations which have con-
duced so signally to establish, beyond all reach of
danger, our permanent Empire in the East.
Sir ARCHIBALD CAMPBELL, who appears to have
carried on his projects with the greatest activity, had
advanced to within two day's march of Prome ; but
finding that the enemy bad collected in superior force
at Donabew, and had taken up a strong position on the
Irrawaddy river, he c!eemed it prudent to make a retro-
grade movement in support of Brigadier-General
COTTON ; the free passage of that river being essential '
to the success of all his future proceedings. Aware of
the extreme danger which awaited his army at Prome,
should any important reverses happen at Donabew, he
determined to repair thither himself ; he.arrived before
it on the 26th of March. The place was immediately
invested ; the garrison, with a strong detachment, made
two several sorties; but they were bravely repulsed,
and the greater part of them destroyed.
On the '2d of April, a rocket, early in the day, was
fatal to their General, the valiant BUNDOOLAI4.
The Burmese held this Chieftain to be invincible;
their superstition had always regarded him as the God
of Battles. The die was now cast ; an appalling con-
sternation struck through the whole garrison, and they
made their escape, to a man, under cover of the night,
and with such precipitation, as to leave behind all their
artillery, together with their magazines of every de-
scription. Sir ARCHIBALD having possessed himself of
Donabew, prepared, with the utmost expedition to re-
turn to Prome ; all his army had re-crossed the Irra-
waddy on the 11th, at Surravah ; here he was joined
by Brigadier-Generals M'CREAGR and ARMSTRONG,
who commanded a reinforcement of the Royals, and
some native troops from Rangoon. By the latest in-
formation received from this gallant Commander, it
appears that the Burmese Chiefs, tc.gether with vast
masses of the population, are anxiously tendering their
submission, and two of his Burmese Majesty's Privy
Councillors have notified their arrival at Prome, and
their being deyuted by their master to enter, if per
wilted, into air immediate negotiation for peace. Sir
ARCHIBALD, in reply, intimated his consent to meet
(hem on what he considered, on their part, so pru-
dent an errand. The preliminary meeting was expected
to take place on the 23d April. The Burmese had
beenyduring the preceding month, actively employed
in sekading Prome. Sir ARCHIBALD has proposed-
to these heralds of peace that he should be allowed to
take quiet possession. Should thij proposition be op-
posed, which is not likely, those who know the promp-
titude of decision which marks his character, know
that he will not wait for a second refusal.
The result of this war, which we hope may be con-
sidered as nearly terminated, Will probably be the ad-
dition of the kingdom ofArracan,which .at no veryremote
period was seized on by the Burmese, to our possessions
in Hindostan ; while, from the nature of its defences,
it may be rendered an impenetrable barrier against the
future excursions of that restless and warlike people.
The foilowing is an extract from a letter from Rangoon, written
at the latter end of March:—
is We earect that the whole army, with the exception of a
corps left to garrison Rangoon, will proceed to Prome, about two
hundred miles; where they will concentrate and canton during the
rainy season, which commences towards the end of May and
lasts till the end of November. During this period the country,
from being low and swampy, is generally under water, and mili-
eu, operations must be suspended until the cold season, when it
Is believed the combined forces from Bengal and Madras, will ad-
vance upon Ummerapoora, the capital of the kingdom of Ave,
distant about 500mfles from Rangoon. Ummerapoora may, per-
haps, be in our power by Christmas.
" The army now in the kingdom of Ava, under the orders of'
Brigadiers-General Sir A. Campbell and Cotton, consists of the
Governor-General's Body Guard, one troop of European Horse
Artillery, and a European Rocket Troop from Bengal, about
500 European Foot Artillery from Madras and Bengal, under
Lieutenant-Colonels Hopkinson and Pollock, his Majesty's 13th,
Seth, 41st, 45th, 47th, and 89th Regiments; Ist Madras Mao-
peen Regiment, and the 34, 7th, 9th, 12th, 18th, na, 26th,
IlEtb, 30th, 34th, 38th, and 43d, Madras Native Infantry.—
Of these, the 3d are at Martaban, the 7th at Mergui and Favoy,
the 12th at Bassein on the Irrawaddy, and the 18th at Panlang.—
The 9th, 34th, and a Provisional Bamlion of 1,000 men,
under Major Ogilvie, remain to garrison Rangoon, and all the
other corps are either in advance, or going up immediately,
_His Majesty's 45th Regiment and the 30th Madras Native Infan-
try, march Ma few days, as soon as the Commissariat can collect a
sufficient number of carts to transport the arrack and provisions-
Besides the force already named, Brigadier-Generals Morrison and
-Milken have advanced upon Arracan with his Majesty's 44th and
94th Regiments, about 300 European Artillery, the 10th and 10th
Regiments of Madras Native Infantry, and five Bengal Native
Regiments. This force, after the capture of Arracan, will move
upon Prome, and join Sir A. Campbell. Brigadier-General
31.1tellar has advanced to Chittagong with about 4,000 men; and
Brigadier,Generals Shuldam, Donkin, and Richards, are pene-
trating by Sylhet and Rungpoor in the direction of the capital.
" The Commissariat have been obliged to feed the whole army,
cattle, &c. attached to it, with the provisions they require, by
means of sea conveyance. Fora long time the troops were fed on
eak mat; but the scurvy broke out amongst them so drearltais

that the Medlda oacert declated, unit"' fresh proclaims Ind
vegetables, with wine and beer. Could be procured, the European
of the army would, in a few months more, be annihilated.
In consequence of this, a contract was entered into at Calcutta,
to supply the.army with beef, which will yield ail immense fortune
to the Contractor. The average slaughter of bullocks is about
twenty per day. Hay for the Cavalry horses, and grain for them
and the draught cattle, as weU as rice for the Native army, ;re
also sent by sea.
ti The Madras Government have made gigantic efforts to bring
the war to a close ; and two more native regiments, the lit and
23d, are now under orders for Rangoon, which will be more than
one-third of the whole of the Native Infantry on the coast. His
Majesty's 59th and 87th Regiments are also coming round from
Calcutta. It is the opinion of the most experienced men here,
that the season is now too far advanced to admit of anything being
done before November next, except taking possession of Prome,
on the Irrawaddy, which, from the strength of our army, we can
do without much opposition. The thermometer is now at 98, and
April, the hottest month, is still to come, before the rains."

THE EVENIN6 STAR

LONDON.

FRIDAY, OCTOBER 14, 1821
STOCK EXCHANGE, TWELVE O'CLOCK.

Consols opened at 68 for Money, and 88 to 1 for the Account.
The Account seems to go off well, and the only business is in pay-
ing and receiving the differences.
Little is doing in the Foreign Market.
PRICE OF STOCKS AT TWO O'CLOCK.
Bank Stock ex-div. 224% 2251 k
3 per Cent. Red. ex-div. 87% Y 4 l/2
per Cent. Cons. 881/8 883/8
3} per Cent. 95%
4 per Cent. Assented ex.div. 951,E
4 per Cent. New 103% 103%
Long Ann. ex-div. 21 1-16 1/2 21
India Bonds 20
£l,OOO Excheq. Bills 3 4
£5OO ditto 3 4
Cons. for Nor. 881/4 li6
EXCHANGES.
Hastscann, OCT. 7.—On London, 36. 1. 2 Us. 35. 10.
Sr. Pirmissuann, Sars. Lordon, 10 11.16.
Lmrstc, OCT. 3.—On London, 3 M. 6. 121.
Bsaus, Ocr. 4.—On London, 3 M. 6. 221.
AIISTILLIAM, OCT. 11.—On London, 59. 11. 2M. 58. 5.
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London Window Glue

Private letters from Rangoon to the end of March,
have been published in a Morning Paper, the substance
of which we have transferred to our columns of tl.is
day. Those details, although in some measure super-
seded by more recent intelligence from the seat of war,
will be read with considerable interest, as exhibiting a
striking picture of the arduous contest which our gal-
lant army has to maintain on those remote and inhos-
pitable shores.
We have, however, the pleasure of laying before our
Readers more gratifying accounts of Sir ARCHIBALD
CAMPBELL'S progress down to the II th of April, from
which it will be seen that Prome was then on the point
of falling into his possession, and that the General of
the Burmese, BUNDOOLAH, the hope and stay of their
cause, had perished, and that Envoys from the-enemy
bad arrived to treat for peace, which, if conceded,
must, we presume, be dictated by our victorious Com-
mander. Donabew, and all its magazines of stores and
military supplies, had previously been captured. On
those cheering prospects of a speedy and glorious termi-
nation of this protracted struggle, we cannot but con-
gratulate the country.
We had reason to fear exceedingly that the war could
not have been terminated unless by aegociation,before the
rainy season had set in, and suspended all military opera-
tions. And it was equally probable that the.near approach
of such an event would have rendered the enemy indis-
posed to any compromise that would not have proved
of decided advantage to his cause. It is clear that the
leading principles of war are well understood by the
barbarians, especially that most efficient rule of
stopping the progress of an invading army, by laying
waste the country, and cutting off all supplies
a circumstance which has necessarily rendered the
subsistence of our troops by navigation a most o:pen-
sive and precarious measure—and during the severity
of the monsoon it would, perhaps, have been imprac-
ticable. Those less favourable views are now, how-
ever, we fervently trust, dissipated by the inspiring
hopes excited in our present intelligence, and we doubt
not that it will soon appear, from official accounts, that
the indefatigable exertions of the East Indian Govern-
ment to supply the means of honourably terminating
the contest, and the well-tried ability of our gallant
Commanders in making those means most effectually
available, have not been used in vain.

The expense of the list campaign must have been
enormous; but in Indian warfare, however, it may be
sound policy to hesitate before we take the field : when
once there, we have uo possible alternative but to per•

sellere Until victory shall have troWned our etrorts.—
This has been our invariable and indispensable rule of
action, nor is it practicable to okaintain our Eastern
Empire on any other principle. Retrcces•ion is certain
defeat. This wise policy has been amply ju-tified in the
present instance, %.hich we trust will be such a lesson
to the other native Powers, as shall not e isily be for-
gotten, and duo secure our permanent tranquillity.

We have received Caraccas Papers to the 25th of
August. They state an interesting piece of intelli-
gence from Peru, which appears to hate been over.
looked. It k a decree of the Congress, authorising
Boirvaa to detach the armies under his command to
whatever point he may think proper, and providing,
that if any State calls in the assistance of the Liberating
Ariny, all expenses shall be defra)ed by such State.
This, the Car accas Papers say, must unquestionably
refer to Buenos Ayres.—The Society established in
London, called the Colombian Agricultural Associa-
tion, advertise in those papers that 3,000 shares were
kept for the purpose of distribution in Colombia, and
invites the natives to make immediate application for
shares.—A hog cortesitondence between the Danish
Governor of the Antilles and General Pan has taken
place, respecting tire capture of a Danish vessel by a
privateet called the Adolph°, and the consequent in-
sult offered to the Danish flag. The correspondence
appear s to have been conducted with great moderation
and propriety. General PA IS promises the most prompt
redress if the grievance complained of be substantiated.