Star.
London, England, 1830-10-26 00:00:00

STICALIWO OT HUMAS UMW.

James H•Donnel, Andrew Marna, and a black, named Francis
Joss., alias Borrodel, were indicted (the prisoners M'Donnell and
Martin being British subjects) for having, on the 27th June, in the
tenth year of his late Majesty's reign, upon the high seas, within lb
miles from a place called the coast of Florida, in America, and within
the jurisdiction of this Court, piratically taken away 369 persons not being
slaves within any colony, dominion, island, place, settlement, or t
tory belonging to, or in the possession of, his said late Majesty, and the
prisoner Josse, a subject of Spain, for having aided and abetted in the
commission of the same offence.

The indictments having been read over by the Clerk of the Arraigns,
the prisoners respectively pleaded " Not (hilly."
The prisoner Josse, on entering the dock, knelt down, and blessed
himself after the formula of the Roman Catholics, and submitted to be
tried by an English Jury.
The King's Advocate, Mr. Adolphus, and Mr. Wightman conducted
the prosecution.
Mr. Wightmen opened the pleadings.
The Kixo's ADVOCATC stated the case for the prosecution. There
were, the Learned Counsel said, two points for the consideration of the
Jury ; first, whether the prisoners were or were not British subjects;
and secondly, whether they were guilty of the offence with which they
were charged, and which subjected them to the penalty of death without
the benefit of clergy. After detailing the facts as they subsequently ap-
peared in evidence, the Learned Counsel concluded by expressing the
conviction which he felt, that the Jury would discharge the duty which
would devolve upon them impartially.
Mr. Josh. Shearer, examined by Mr. ADOLPHUL—I am a can-
mauder in the navy, and was Captain of his Majesty's schooner the
blunkey,which hada crew of twenty.six men on board,and carried eight
gum. On the lath of June, 1829, we were cruising of Bahama Bank,
en the coast of Florida, when we observed a brig, called the Midas,
with Spanish colours flying. We stood in for her, and continued In the
pursuit from eight in the morning until one in the afternoon. 1 fins
isoi ted American colours, but about half an hour before we came up
with her I had the English colours unfurled. As soon as we came
within reach four guns were fired at us, and we returned the fire. As
action then ensued, which lasted about thirty minutes, when the
Midas struck her colours, and a person in English called out that
they would surrender. The prisoners were found on board, as were
also 369 slaves. The vessel was subsequently taken to the Havannab,
to await the judgment of the Commissioners there appointed to re
lata the slave trade. The crew of the Midas consisted of 52 men, be.
sides those who had been killed during the action. The Midas carried
tightens, some mortars and muskets, and pikes and cutlasses for
slaty men. When the Captain produced his papers, I was satisfied
that the vessel did not belong to Spain. The prisoner Jour acted es
cook, and the other two prisoners were left an board the brig foe the
purpose of navigating her into the Havannah. At the Havannah 28$
black men, women, and children, were delivered from the brig. These
persons had been stowed away in the hold, in the closest manner Dowd.
Isle. The, women were kept apart from the mea. They were all
naked, and in a state of wretchedness beyond daerkWen. The
vessel was evidently fitted out expressly for the horrible traffic
is which she was engaged. Many of the slaves committed
suicide, by throwing themselves overboard, and thirty of them were
missed in leis than as many hours. The prisoners Martin and 111•Don-
neU admitted to me that they were Englishmen, and had served on board
King's ships. The prisoner Jesse stated that he was a native of
Jamaica. The persons on board the Midas were African negroes. Jesse
acknowledged that he embarked on beard the brig at the Havannah ;
but the other prisoners said that they bad been taken on board during
the voyage, having been wrecked on the African coast, to which their
own vessel had gone for palm oil.
Cross.exambed by the prisoner M•Donnell- —The Spanish captain
acknowledged that he had taken the prisoners 1114Donneli and Martin
ea
board of the coast of Africa. Did not recollect his saying that they
were passengers, or that they bad not taken any part in the action. I
tinderstood that there were several Americans employed in navigating
the brig. The prisoners took the helm and look ma at the mass
head like any other men on board, and were mustered with the other
men.

The prisoner Jame was informed by the interpreter that Capt. Sharer
had stated that he could speak English.
The prisoner through the interpreter stated, Capt. Shearer may state
what be likes, but he spats out of his own had, (Laughter.) I never
spoke a weed of English in m life.
John Horton examined by Mr. WIOUTMAN. WY a mariner 00
board the Monkey, and after the action went on board the Midas, whew
I saw the prisearn and a great number of negroes, some below and
some on deck. I had several conversations with Jesse, who spoke to
me in broken English. He said that he was born at Kingston, in Ja.
males. M•Donnell called himself an American, and Martin said that
be was born at Teigomouth, Devonshire.
blichael Collins stated. that he was a seaman on board the Monkey.
WOunnell told him that be was a Seetcliman, that the number eshirts
originally on board the brig was 400, but that when she was taken there
were not mere than 400 on board, the rest baring died an their pump,
sr throwa themselves overboard.
This dosed the ease faille proseeutioa.
The pilostihs. MI/condi and Martin. pia In • =WO dd.",
whisk staled that they were both been at Boston, in America ; and.aftee

giving a lase ambling history of their lives, stated that on the 341 of
February, IWO, they entered themselves as seamen on board the Nep-
tune, and wee Ishoequently wrecked on the coast of Africa ; they were
picked up si the Maw I'M taken on board, on condition of their work-
ing their 7to the HavAnnah, and while engaged in that capacity
were captured the Monkey.
The pt, owe, through-the medium of an Interpreter, etated to
the Court, that the Spanish Comml was in attendance, for the purpose
of proving that be (Jame) was not a native of England.
John Clubs* a seaman ea board the Monkey, was then called, and
after spooking to the portal treatment of the prisoners on their
home, and to some other points of no material conseqoence, said
never beard W1)=0.11 say that be WM only a passenger on board the

beAndrew Clerks (one of the prisonas in custody, bat as to whom the
Grand Jury ignored the Bill) was then brought from the gaol and es.
mined. He stated that be was on board the Midas when the pprrisooas
Martin and WDonnell joined the vessel. They were shtpwreeted, and
were takes on board on condition that they worked their passage to the
Havana&

Crose.axaminsd —He never heard Joao speak English. He could
ask for bread, water. and Inch things, in English.
The Spanish Ambassador stated, that he believed ham to be a
nadve et Spain, andwing on hat impression, had formerly ro.
Saved him.

The interpeetet, who had stated the evidence to hew during the
trial, also stated that be bad no doubt be was a Spaniard, from the Ag-
ency with which be spoke that hm
A variety of documents was this- to the Jury st their own
request, t.a had been put in by the prisoner Jame; but the learned
Judge rernerhed that there being no evidence of their being authentic,
the Jury would dismiss from thdr minds any of the statements contained
in them.

At four o'clock Mr. Baron Behind summed up the evidence, and at
dye o'clock the Jury retired to consider their verdict
The Jury returned into Court about six o'clock, sad returned a ver.
diet of tt Guilty " against all the prisoners, accompanying their verdict
with a recommendation to mercy.
The learned Judge (Sir Calutroeass llosixsou) the► put
on the black cap, and, In addressing the pleasure, dewed that
the recommendation of the Jury should be laid before hie Ma-
Joey. In the meantime he had to perform a painful dutaewhich
was to oaks that the be taken from the dock to the hem
whenee they came, from there to a place of execution, to he
banged by the neck, b.c.
The primes beard the awfhl sentence with apparent indifferateso—
The Learned Judge did not appoint a day for their execution.