Star.
London, England, 1802-01-21 00:00:00

0

irregular manner. She then then went to her own

apartment, when Paterfon and others came to Ser..
rant Berm, defiling him to ntke out an account
of the fhon allowance money due to them, as they
had been to demand it of the Governor. Becton
warned them of the bad confcquences that might
result from any force impofed upon the Cover-
nor ; but they declared that they would be fatisfied
or elfe have his life, and would be fupported in it
by a Gentleman than in the ifland. Lieutenant
Poplet was at that time under arreft by the order
of Governor Wall.
Crofs-examined by Mr. Nomsa.—The men on-
ly demanded what was due to them in Governor
Adams' time. During the adminillration of Mr.
Wall there was no lhot t allowance when there were
any provitions in the Wand, though fuch a thing
might have happened, when the vac's appointed
to fupply it were captured by the enemy. She
was pofitive that the mutineers had gitiJ, in the

apartments of Belton, that they would have the
Governor's life, if their demand was not latisfied,
and alto that Kearney, and not Lewis, was the
orderly ferjeant of the Governor on the toth of
July.
Evan Lewis being re-examined, perfilled in his
former declaration, and added that he was macre
a ferjeant after his arrival in the ifland, but after-
wards broke and reduced to the ranks after Mr.
Wall's departure.
John Faulkner gave the fame defeription of him-
felfthat had previonfly been given by his wife.—
He depofod, that a man of the name of Fofet had
been centinel upon duty at the guard-houte, at the
time that the mutineers had called the Governor
out of his 'mute. Poterfon was in cullody in the
afternoon. At the time the ring was formed, he
heard Enfign Ford, who had the command of the
guard, tell the Governor that it was become im-
poffible to keep order in the guard-room. The
Governor then went there, and teeing Faction
breaking his arrell,-and coming out, attempted
to turn him hack In doing this he was flopped
by the centinel Faifet, who put his bayonet to his
break. The Governor then ordered this centinel
to be alto taken into cuilody, upon which Fait
expretTed his concern for not having run him
through with his bayonet. The witnefs then, as
well as the other artillery-men, was ordered to
attend on the grand parade, where a ring was
formed, of which he made a part. The Go-
vernor was outfide the circle, and the officers with-
in it. Armitrong was called out of the ring, and
afked by Captain Lacy what he bad to fay in de-
fence of his mutinous conduct, in wanting to !lop
the Governor from going on board, and threaten.
ing to break open the flora? To this the deceated
made no reply. The Surgeon was prefent all the
while the punifhment was initialing, and at the
clofe of it he law Armilrong walk off to the hof-
pital, without being Allied by any perfon.
believed nearly all the men off duty were the let
of mutineers who proceeded to the Government
Houle.
On his crofs-examination, he confeired be did not
know that the Court Martial held on the parade
bad examined any witneffes. It was not held ex-
ally in the centre of the circle, and the Mem-
bers deliberated about a quarter of an hour. It
was about four o'clock at the time he law the fen-
tine] pretext his bayonet at the Governor. The
deceated was flogged only-by two black men, who
relieved each other occafionally, after giving him
about too lathes each, but he had not counted
the wet number. It was about two months tince
be was fird applied to by a thange Gentleman to
make an affidavit on this fubjea. The cord pro-
duced in Court being flulten him, the witness fwore
that it was twice as thick as that with which the
man was flogged, which was no more than what
they called a half inch one.
Peter Williams faid he was a non-commialoned
officer at Gory e, and recolleCted the day before Go-
tremor Wall embarked on hii return to this coon-
try. About eleven o'clock on that day he law
about a dozen men parading before the Governor's
houfe, and demanding to be pail their lhort al-
lowance money. Kearney was then the orderly
ferjeant upon duty. The Governor refuted to
camply,and ordered them to retorn to the barracks.
They did Co, but returned again in the evening,
more numerous than before, and led on by Serjeant
Armffrong, Pat crfon, and Upton. They were very
forward in infifting oa the GgvernQr's compliance,
and were fecondei zaaloutly by two drummers of
the African corps Arrnarong (aid, he would be
d—d if he ihonld quit the ifiand till the people
were fatisfied," and the party went away in a cla-
morous, nniiy, and diCorderly manner. They came
three times on the fame day, and conduiled them.
(elves with equal irregularity. He heard the three
parties, Arrottrong, Paterfon, and Upton, fay,
" they v:ould be if they would not break ,
open the Rores."—This was diitinaly :fated by each
of them. He was prefent when the circle was
formed on the parade, in the ufual military man-
ner. The Governor was outfide of the ring, and
three or four officers in it, holding a Court Martial
upon the deccafed, for mutiny. Orders to that
effea were given them by the Governor.; but he
did not hear them fay any thing to the deceafed.
After they had come to a riecithen„ Captain Lacy
left the circle to report the.: proco:dings to the
Governor, upon which the latter communiarted to
Arnaftrong, that the Court had lentcnced him to
receiveBao lathes with a rope's end. He believed tire
whole of the puniflanera was initiated, after which
Armaronta walked, unsupported, to the hofpital,
with his thin thrown over his thoulden.
On his erots.examina,ion, he admitted that the
men had come up to the Government-bode un-
armed, to demand their !hurt-allowance money;
he had the farme claim as the others, and never
was paid it. The times of their coming he de-
fcribcd to be firri at eleven o'clock, then in an hour
and a half after, and the third time after the in-
terval of an hour. The fentence of the Court on
Arnalrong he coofidered as fcvcre, and believed
that in Mr. A /idols', time no more than 700 lathes

had been inflitted on any man.
Charles Tints that he was a private foldier
in the African. Cops, and on the morning of the
loth of July, 17g1, ftw-Armftrotg, and a man
of the name of Simmons, dettroy die cats ufeti in

the pnnifhment of offenders. He gave' a defcrip-
tion timilar to what had been before mentioned of
the punifhment infixed on the decealed, after
which be faw him about ejght o'clock in the even-
ing, intoxicated with fptritb, in the hofpital.
On his crofs-examination, he faid that they were
on Ihort allowance in the month of June, but in
July were allowed a pound and a half of frcili
beef, and a pound of bread, daily. There were
about 130 of the garrifon who returned to England
in the year 174. Fie had been difcharged at Chi-
clicilcr, but had not figned any paper before a Ma-
giiirate, as he never could write. Captain Lacy
was at Chichefter when he was difcharged. At
that time the Captain was hardy enough, and
the witnefs could obferve no alteration in his ap-
pearance.

Colonel Forbes was then called as evidence to
charalter. He had known the prifoner from
thirty to forty years, had ferved with him at the
Havarnah, and ever confidered his conduct to be
coorrat, both as an Officer and a Gentleman.

General Mackenzie had known the prifoner at
Goree, and always confidered him as a man of
humanity.
The Rev. Mr. Clarke depofed, that he had
known him fince the year 1794. He bad met
him and been very much in his company at Flo-
rence, and other parts of the Continent, and al-
ways regarded him as a man of diftinguiihed hu-
manity.
William Langley, an Officer on haltpay, knew
him for the laft-ftx or (even months, and defcribed
him as a very benign and humane charader.
Mr. Forbes, who had known him at Bombay
forty years ago, and fince met him at Rome, (poke
of him in terms equally favourable.
Major Phipps was callA by the Crown Lawyers
to repel the teilintony of Mrs. Lacy, refpeding the
debility of her hulband ; but his teflimony eta-
bliihed nothing, as he had not feen him after his,
return to England. In reply to ionic queftions
hum the prifoner's Connfel, he laid, that he ferved
under Governor Wall for four months in the ifland
of Goree, and Caine home in the fame fhip with
him. Hei went out with a particular recommen-
dation to him, and had received the kindelt atten-
tion; but as to his general charader in the fettle-
ment, for humanity, he knew nothing, except what
would be merely a ftatement upon hcarfay.
Mt. Poplet Paid that he knew Captain Lacy af-
ter his return to England, and confidered his un-
derftanding to be as perfed as ever it had been.
He had been ill at Goree from excels of drinking,
but recovered afterwards, and was as well as
aver. He did not recoiled who was the orderly
ferjeant on the loth of July.
Mr. Fetrict: depofed, that Captain Lacy was
very well after his return tr, England, and he knew
of no illnefs be had, r x:ept what had its rife in hard
v :is I,ere crofs examined by the prifimer's
Courtier, and faid, that he had formerly been clerk
in the Secretary of State's Office, when Lord
Gorge Germaine held that fituatiim ; that he was
difmilred from the Office, but received, at the fame
time, a commiftion from Lord George in the ar-
my. His difinifral was oecafioned by an anony-
mous le.t.r, written againft him its a newfpaper,
and he found out the author to be a Mr. Deme-
rand, who made him an apology, which be imme-
diately took to Lord George Germaine. The let-
ter accotred hinvof making zo,oool. in the funds,
by difclofing official communications, and was un-
true with relped to fads. He did not know whe-
ther he might not have been polled at the Royal
Exchange as a lame duck. He might have given
to a Mr. Mhburnham, a (ilk mercer, at that time
in Newdlreet, Covent-Garden, fuck information
as raying whether the news was good or bad, 'ant
'did not 'know that he was concerned in the funds,
and linU no dealings of that kind himfelf.
Serjeant Butler, who was at Goree at the time
of dick traufadions, was again called, and fwore
that Lewis was orderly ferjeant to Governor Wall
on the loth of July, and not Kearney, who was
only a corporal doing ferjeant's duty.
Serjeant Ileifitn, on his re-examination, denied
that the men had laid to him they would take the
Governor's life is he did not 'comply with their
demands. They did, however, apply to him to
maize out their account for fhort allowance, and
I mentioned that they bad been with the Governor,
on which he remonttrated with them, obferving to
them the ill confequenccs that might refult from
any violent or diforderly proceedings.
Captain Wright was examined, touching the
character of the witnefs Williams at Goree, where
he had the character of a great liar, and, for his
own part, hethould not believe him upon his oath.
This doted the whole of the evidence offered in
this Cdtie.

THE CHARGE.

The Lord CHIEF BARON then addreffed the Jury
to the following creel The cafe now before
you, Gentlemen, is deferving of the molt &loos
attention, in many points of view. It is in many
refpeds, of very peculiar importance. When a
well-intentioned officer is fituated at a great dif-
lance from that affiftance and fupport which he
might otherwife look to from his native country,
the national interelt, as well as his own fafety may
foinetimes require of him, and indeed place •him
under the neceffity of ailing with a vigour and de-
ciiion which, in other circumftances, he might not
be warranted in employing. The ftrongeft minds
may thus be thrown off their balanie, when under
the influence of alarm; but, on the other hand, the
very circumftance .of diftance, which, while it re-
moves them from the fupport, withdraws them
alto from the immediate controul of their fupe-
riors, require that their conduct fhould be free
from any arbitrary, capricious, or malignant mo.
tives. Your bufincfs is to enquire whether, in the
prefent inftance, you have a cafe in which human
infirmity, under the impreffion of fear, might or
might not have overleaped the hounds of Office ?
The prifoncr at the bar, you find, was Governor
and Colonel Commandant of the ifland of Goree.
It is nccelTary that you thould be poffeffed of what
it is that conftitutes in law the marrow of the
crime of murder, which I can do the more
ealily, as t am enabled to lay before you the very
words of the gresteit authorities upon this fubjed.

The malice• which the taw requires forth! elri-
blithment of this crime is not what is vulgarly
called fpite, but the inflinion of death from wic-
ked, corrupt, and deliberative motives. Toil 'will
judge from the evidence whether the circurnflances
indicate even a careleffnefs for the life of man,
and that you mutt do by weighing the quaniitv
and portion of the punithment inflicted. We • :tit
know that thefe drum-head courts martial, like
all other courts, have a clifcretion to exercife.—
They are generally held upon emergency And the
fpur of the moment., but are not tempt from
being bound by the rules of good fenfe and huma-
nity. Matters and parents have an authority to cot,
rat their fervants and their children; but they
mull not ufe that authority in an erceffire manner,.
nor in au inordinate proportion. Thc law will not
proton them for inflining five or fix hundred Rripes
where half a dozen may be quite fafficient. No
apology can be made for an exce(flve quantity of
.punithment, even with a proper it:Riument, be-
caufe the long continuance and feverity of pain
may be produnive of as fatal consequences as would
refult from inflruments of a. more moderate de.
fcription. N:ither is any man authorifed to place
another in fo perilous a predicament as to make
the prefervaticn of his life depend merely on his I
own prudence. You will perceive how thefe ob- I
fervations apply, on reviewing what the clideretit 1
witnetTes have Rated refpening the deceafed per.
fon's having battened his dilfolution by the tile of I
Rrong liquors ; for we all know the vulgar preju- I
dice by which the lower orders of the people think,
that even in thofe cafes moil expofed to inflamma-
tion, they are right in the attempt to keep them-
(elves up by the ufe of fpirits. In the comic of the
evidence, it cannot have efcapcd you, that there
have bccn many contradielirais, and this is not,
perhaps, to be wondered at, in reciting tranfac-
Lions at fuch a great diflance of time, but remetn-
ber that the delay is by no means imputable to
thofe who profecute. You ss ill be careful to corn
pare the different degrees of credibility to be at-
tached to the jarring te,iimiinies, and in reciting
them I !hall endeav,,ur. as I go (41 in the recital,
to aftift you with fn. i, . ofervations as occur to me."
His Lorcifhip then proceeded to read thi-fe notes
winch he took in a very ample and carcful manner.
—When be came to the evidence Gf Ovecn .ii,sl
Clarke, his 1.. ordthip ordered them to be coaled in
feparately. Owen being asked agaia who was or-
derly Serjeant on the day of the mutiny? aufwered
that it was Lewis; of this he was certain. The fan.e
qieftion being put to Clarke, he laid he could nor
tel. His Lordlitip next noticed the letters tent to
the Secretary of State. There appeared in ti..A.,..•
letters an anxiety to Rate minute circumflances, as
the arreft of officers, !late of the provi:inus, &c.
yet it was very remarkable that titer! ! ::.,:. —•...
tained no account of the mutiny of the corks. i ne
Priibner had Rated, as his realen for withdrawing
from trial, that paragraphs had appeared in moil
of the newfpapers, nufreprefenring the traniliCticri,
and that men's minds were greatly prejudiced
aping him. However malignant thefe paragraphs
might have been, it could ecarcely require an in-
terval of eighteen years to dearoy their effesft. The
firil evidence for the defence was Mrs. Lacy, and
what the had Paid, his Lordfhip obferved, was of
the greateß importance, and deferved the molt
mature confederation of the Jury. She had Rated
that her hufband fell into a bad Rate of health in
confequence of having received a coup de felr.7.—
She at firtl Rated that his illnefs was not filch as
to unfit him from being a witnefs in a dourt of juf-
Lice ; but, recollening hem felt; the remarked, that
the had anfwered too rafhly, and the was convin-
ced thathis mind was not in a Rate to enable him
to give evidence on any trial. There was another
material point of her evidence, namely, that the
orderly ferjeant was not Lewis. It was neceffary
fir the Jury to confider well this part of Mrs. La-
cy's ilatement, for if they believed her, they could
not give credit to the fans related by Lewis, who
Rated that he was the orderly ferjeant on the day
of the mutiny, and makes his being in that lima.
tion his caul:4 feientio. ft was obvious, that if
Lewis's evidence was related, as to that point,
very little credit could be given to the whole otitis
Ratement. The Gentlemen of the Jury wouldthere.
fore bear in mind the two principal objets the pri- ,
fonerhad to ellablith by Mrs. Lacy'seviclence, name- 1
ly, &11, that the coup ckickil had rendered her huf-
band incapable of becoming a witnefs in a court of
juflice. If this was believed, tt would in fame degrce
account for the prifoncescondultin avoiding his :via:
while that Gentleman lived, as his evidence would
have been of Tier ufe either in the profecu:inn or the
defence. Secondly, that Kearney, and not Lewis,
was the orderly ferjeant : if the was to be believed
in this, the evidence of the latter would fall to the
ground. There were great differences in tits evi-
dence of the witneffes, with refpet to the numbcr
of the perfons raid to be in a tilde of mutiny.
Peter Williams, a non-commiffioned officer of ar-
tillery, Rated the number of perfons who came to
demand the payment of arrears to have been only
about a dozen, though Mrs. Lacy made them-
amount to feventy or eighty. Charles Tims Lid
the mutineers amounted to about thirty ; but this
Witnefs Rated one circumflance which would not
efcape the ohfervation of the Gentlemen of the Jury.
He ('wore, that when Mr. Lacy came to Colchefler
he had the command ofbis corps, and that he conti-
nued to. command it for fome time. This was entire-
ly contradinory to Mrs. Lacy's affertion, that the
coat de fokil had incapacitated her huthand from
being a witnefs ; and was a very important point
for.their confidcration, when they came to deter-
mine whether that Lady's evidence Mould Rand or
fall. The prifonct had called feveral pirfons of
very high refpenability, to give evidencnts to his
charader. Colonel 'Forbes, General Mackenzie.
the Rev. Mr. Clarke, &c. had all given him a ve-
ry goodcharatler for 'humanity during the period
they knew him. Major Phipps, who refided fix
' months at Guree, alio gave the prifoner a good
charaner, fo far as related to himfelf, but when
ailed what his general character was in the fettle.
tnent ? which' indeed was the proper queßion, he
would not give an anfwer. He had rectived a
letter of recommendation to Governor Wall, and
it appearedhe had paid attention to that recom-
mendation,by ufing the witnefs well; but he could

• .
--' , It-Airt;; 71", .i• •r
!tot fayellat!the clia I.ia.. Tent le pry.").,-
_. . .
Was that which Le had licatd (4 Lint in rue itiand
. . .
-LWith regard to•Mr..Lacy's Ability to hecomc a
\vitnels,.Winit had fallen, from t" p. ~ t the ether
ie. lacytt ileoinlr,e:o:fsi tnl
trotlteinJury.,to
bt ra;.d4 I
iC,
~‘...41 -t'ii:ii,. :I';l:ei‘ii'll. )' i:ere:tl:hrai
uilri:,,i•tl,l;,:liiite..N:-. Jr,
land. And Mr. Ferricin the Surgeon, tin c,!,
that. Mr. Lacy had been fie-t nnc time deraii: •t,
and in had heelth,vet ilia' he at no -.‘ I; .., reeoverel,
and was in );,.0..1 licalth.-11a01:.: :!: ix thion,.::,
the: niiiiie of the evi.l..nce, his I. n -.1.1.Hi, ad,1!,:i:..1
a few general oblervatiiais to the JiLy. 1:e :,;;;,
Gentle Men, the main qin.ilion tor your ci•;!!i. a...
tion is this, Was thine :1 mutiny, ..1 e (.7 no i If
there was a ninthly, it lieu beci•mee yonr duty to
enquire whether the pritimer was under the nee '1
fity (of rLprtfling it in the manner be did. 11,-
evidence for the prolecntion gays this AV:;S not iii,
cite. 'the foldiers, it :ippeined fri in that pair
of the cent:nice, were going to the Comm:ire y's
Office, ri.,r intending at all to addrels !hi:Jel-
l-elves to the Governor, in the toll in4l.met. .
Their eibeft was to claim the arrears which were
due to teem; but meeting the orderly fe:jeant,
fame conveztition enined. between them and hirn
on the fabjea ot their application. It will be re-
collected, that the foldiers were preffed for time, -
as both Got ernor Walt and the Commiffary were
going to leave the liland neon day. It therefore
was neeetlary that they fhould make their claim at
did: time, as they were form, to. he deeprived of
every opportunity of urging it. Th.): applied, it
is laid, in a quiet and orderl:.: -reenter, without any
appearance if mut:dy. the defence exhibits a
very diffrrect piaure ; according to the evidence
fur the PriiOner, all was confution and tumult
Thc fuldiers on guard are hated to have refuled
to detain a prifnner, and one, it is laid, turned
his bayonet againti Governor IVall. There is,
Gentlemen ot the Jo: y, a very wide difference
between there evidence,. -and it is your duty to
dircriminate the tree born the filly. Tiler eis a
wi to difference betneen the thlicita•ion of men
whhout at ms, and the timaillu(uslii.mandscf arm-
!ed mutineers. It is intriaible t rein mile evidence
of In connadidnry a nanit e. There mull be grids
extenuation on the one part, or unaceountahle ex-
a..;getati.in on the other. You, Gentlemen eir the
Jury, will maturely cons der whether the pii;;.-
ner was placed in that fituation in which a g 0...! of-
I ficer is under the neceffity of aaing with the great-
I ; .. `"everity, or whether the whole of the defend!
!Las been contrived for the purpo:*e of tsc tiling
that trathaion which has taken plaecE this, Cell-
i dernen, is the great point for your conlideration.
If you think there was no minim', then the
x'..:-.l.e.T's ~-. ...: " of 770 avail. if there was
3:. ~..), wen you win Mrs.: to c.a.tider wheti.er
the ptmithment was not aniinliiiab:e, and whether
the in:lrument tired, and the manner in which the
pimidinient wasinfliaed, e not cf filch a nature
a:, to imply malice nropenfe, as I yointed out ht
the 7, :,w..eneement ‘,. ;Ply olifervations. It you
are fatisfied that there was e .e: •iny, and that the
prifnner was placed is a lituation in yllich it was
abfultitely necefhiry hit: him to e:.cl; leveller, t?:en
I have Mr. Attorney-General's alithinity to trap.
port ir.e in flitting that he.ought to be acquitted.
But I fee no medium between the one and the-
other opinion. Either there was or there was not,
a mutiny, and, by your decition as to that ps:rit,
the nature of your verdid mutt be regulated. If
however you are of opinion that there was a mu-
tiny, aid you will hen en as I have already obit:te-
ed, to confider bow far the perfons decea!:n; eve; e
regularly condemned, and whether the Iman:colt
I intliiled was not unwarrantable, and beyond alt
meafure, and whither it juaitied that charge of
Malice aforethought which was made agaiMt the:
prifoner? I ant tinily convinced, Gentlemen, tisat
the verdiel which you will give will be jut! and im-
partial. If any rational doubts atilt ill any of yor r
minds, you will not fail to-lean to the fide r,l TLC.) -
cy, and eo allow the ..vhole weight of theic eintil.ts
to preponderate in favour of die prisoner. .
The Jury retired for about three quartets of an
hour, and, at their return into Court, the Foreman,
who was evidently affaled, pri .:onnced in a low
and tinkering voice their verd::: of ‘, Guiliy."
After a Ilion pau!'e, the Clerk, by direction rf
the Court, put the formal queltiun to the tiftfor7
tunate Prifoner—what he had to - , why fentence
of death thould not be paired tv him accordie.s.
it
to law ?

Mr., %Vali anlerered to tlis el.Tezl-4, I pray a
little time before the execution of :he fentence."
The RECORDER then, after an appropriate and
pathetic Addrefs to the Prifoner, tith:ered with
much folemnity and effea, proceeded to pars tLe
fatal Sentence of the Law, which was, in fublial:ce,
•' That he, pfipb ibia, be taken to the play
" from .whence he came, and from thence, on Fri-
" day next, to a place of execution, there to be
" hanged by the neck until he be dead, and hia
" body afterwards given to be anatomiled anti
" ditheaed, according to the itatute in that cafe.
" made and provided. Prifoner, the LORD have
" mercy on your foul."
Mr. Wall heard the Verdi& and the awful Sen.
tence of the Law pronounced, with a calm re.
fignation, betraying no emotion of either agitation
of fear ; and was then removed from the bar. .
The Jury were thanked by the Court for thz pa-
tient and carnet} attention which they paid to the
cafe before them, during an uncommonly long in.
terval, and were difeharged; and at eleven o'clock
at night the Court adjourned till the 17th of F..
bruary next.

An unhappy accident occurred during the abcv4t--
trial : Major WINTER, of the Artillery, who
had come to town from Woolwich, to appear as a
wand's in behalf of Governor Wall, ju It as he had
Ilepped from his carriage, and was afcending the
peps leading to the Court, fuddenly dropped down
in a fit, and was taken to the Rae Coffee-houk,
where he expired in the courfc of two or three
minutes.

LONDON: Printed for the Proprietors, by JOHN DA NI ht
(of enrnaby-ftreet) at the STAU Pau NTltlo-01Y1C11 No. 1,
Carey-ftreet ; and pmhlifhed by LEVF,L KENT, (af Ca! •
ttrbury-place, Lambeth). at lc o. r, Carey-ftreet, and at •Le
9raa-orrca, Te.nple-Bar ; to which Office all cottamuri-
flocs Or the EDITOIL arc coquetted to be aildcelfa.