Star.
London, England, 1828-11-20 00:00:00

IMPORTANT TRIAL FOR PIRACIES IN THE

WEST INDIES.

ST. CHRISTOPHER'S, Sm. 22, 1828.
Before a Special Commission in the Admiralty Court.)
This was an indictment preferred against Joseph La-
zaro Buysan, mariner, (Captain of the schooner Lis
llamas Argentina,, captured by his Majesty's ship Vic-
tor, Captain Lloyd); Mamerto Sabala, mariner (First
Lieutenant r f the schooner); Jose Taparoni, minion
(Second Lieut.); Ygnasia Gironella,GravierJordan,Callo
Pecora, Bautista Moll, Pedro Canales, Juan Martines,
Joie Ignatio, Juan Gonsales, Manuel Calderon, Vicente
Boas, Peter Noyes, Pedro Alcantara, Pepe Gonzales,
Franci,co M .nnie, Candaladio Auldali, Antonio Ro-
drigues, Honosio Jose, Jean Roselle, mariners, charg-
ing them with having on the 21st of July last, on the
high seas, within the prrisdiction of the Adaiiralty of
England, and distant about 200 mile; from the Canary
[shrub, piratically and feloniously captured the Britith
tot ig Carrabon.

k The CHAIRMAN (t' ,e lion. William Crook) ad,lrei.sed
the Grand Jury, stating the import Ant nature of the
subject that would be submitteJ to them, and they then
retired to their chamber.
The SOLICITOR-GRNERAL of the Colony moved the
Court that Henry Harrison and Elias Nlerrymar, two
f the men taken in Las llamas Aogentinas, he admit•
ted as King's tyidence, and that Mr. Nuenit be ap•
vointeJ Counsel for the prisoners.
Prouasiv, on bdialf of °the prisoners, objected
to the admission of these person, a, witnesses for the
Crown. on the wounds of their having been principals
,q the trans Action of which the prisoners were accused,
and maint tined that only accomplices could be admitted
as King's evidence.

The COURT overruled the objection. and inquired of
these per,ons whether they were willing to give evi-
dence against the prisoners at the bat ? To which they
replied in the affirmative. The Ceurt cautioned them
that their being recommended t r the mercy of the
Crown depended entirely on giving a full and unre-
served statement of all the circum:t ince, of the case.
The witnesses were then sworn, and sent before the
Grand Jury, si ho shortly afterwards returned " a true
bill against all the prisoners."
The prisoners were then arraigned, and the indict-
ment was espla;ned to them in Spanish by a sworn in-
terpreter. They severally rleaded Not Guilty.
Mr. PIOUBNIT requested that the prisoners should be
informed, that, as aliens, they could be tried by a Jury
half of w horn should be aliens.

The Hon. J. WATTLEY, from the Bench, stated, that
as a point of law it was indisputable that the prisoners,
although aliinp, having committed au offence within
the jurisdiction of the Admiralty. were amenable to
British laws, and must be 'tied in the usual form.
- After the Court had beard Mr. PIOUtNIT argue the
motion at length on behalf of the prisoners,
The SOLICITOR GENERAL, in reply, contended, that
the application could not be allowed, on the wound
that it would be impossible to obtain such a Jury in the
island: ncr did the law, in a case like the present, re-
quire a Jut y de needietaie lingua. But independent of
this, the purposes of justice required that these offenders
should be tried, and they could not be tried but accord.
ing to the circumstances of the country.
Mr. Swim was heard on the same side.
In reply, Mr. PIGURNIT opposed these arguments,
and again argued the legality and propriety of his ap-
plication.
The COURT, after some deliberation, overruled the
application.
On the suggestion of his Counsel, Joseph Lazaro
Buysan was then put on his trial alone, and the other
prisoners named in the indictment were remanded.
A Jury was then called and sworn. Some conver-
sation arise between the Counsel and the Court, respect.
ing the number of challenges of Jurymen which the
prisoner was entitled to, but he did not object to any if
the jurors called.
Mr. SMITH opened the case to the Jury.
The Hon. T. Harper was then sworn, and -examined
by Mr. SMlTH—Witness was at St. Eustatius on the
21st of August, having been sent there by the Comman-
der in Chief to claim restitution rf a British brig and
cargo, repotted to have been piratically captured and
carried into Saba; found the brig at anchor at St. Eu-
statius; on going on board, discovered that the sails were
marked J. Christian, Liverpool; on looking at her
stela, saw the name Carraboo, of Liverpool, distin.
goishable, from the prominence of the letters, although
they had been painted over black ; alter considerable
negociition the brig and part of the cargo were given
up to the Authoii.ies at St. Eustatius, being admitted
to be presumptively British property ; no British re-
gister or invoices were found on board, but some scraps
of paper with English marks, and a log bi-ok contahr-
ing the vessel's course subsequent to her capture; came
up in the brig from St. Eustatius. the same black-
painted brig now in this roadstead. Early in the pre.ent
month witness again went to St. Eustatius in his Ma.
:jesty's ship Victor, Capt. Lloyd; saw a schooner in the
channel answering the description witness had received
of the vessel which had captured the Carraboo; Capt.
Lloyd gave chase; the schooner ran into the harbour
of St. Eustatius, and proved to be Las Damas A rgenti.
nas; saw the prisoner at the bar at St. Eustatius on
that occasion; he was Captain of the schooner; witness
stated to the Commandant his entire conviction that
she was the identical vessel that had taken the Carraboo,
pointing out a private signal which she exhibited, cor-
responding with the signal under which the Cairaboo
was sent in; on witness s claiming the schooner as a
prize to Captain Lloyd, the prisoner admitted that It
did take the Carraboo, and produced a paper, which he
said justified the capture.—[The paper was here shown
to witness, and identified as being the same.3—Witness
stated to the. Commandant that this was the regis-
ter of a vessel. called the I)iviao ImperaJor, and
could not belong to the Carraboo ; the schooner Las
Damas Argentinas was then given up by the audio
ties at St. Eustatius, taken possession of by qapt.Lloyd,
and brought here, the same schooner now in the road,
and the prisoner at the bar was the same person who
admitted at St. Eustatius that he had taken the Car-
raboo; among the property found on board. Las Damn
Argentinas, were certain articles which app:ared front
the marks to belong to the Carraboo; the log book of
the schooner [produced to witness and isfentiliedj was
sent on board the Victor by the Government Secretary
at St. Eustatiu.; was not an the room with the Com.
mandant when the book was produced to him; but the
muster roll and log bock were delivered up as brio g

ing to Las Damas Argeetinass the petofter rodsced
another paper at St. Eustatius as Lis comminicn, as
also a paper purporting to be big instruction., and
pointed to one as %rattan. ing the capture of the Carra-
boo. (These two papers were shoes n to witness, and
also identified). S .me articles of wearing apparel and
plate, in trunks, were found on board the schooner;
on board the Carraboo therewere some articles marked
I'. C. and Co. and tome marked as shipped by Taileure,
Son, and Co. of Liverpool.
G. M. Tarshite, ESq. sworn, and confirmed the testi.
mony if the last witness with respect to the Leisure of the
it ate ship and the Carraben at St. Eustatius. He further
&wird as to the value r f the Cartaboo, and to the
ca•go fon id on board her at St. Eustatius. When wit-
ness was first on board the Carr aboo, the cargo was
nearly half nut; there was great confusion on board her.
Seve.al packages appeared to have been plundered, and
the bra.s rods on the lockers were torn offs apparently
wi:h weir v'oler.ce.
Cot ss•examined by Mr. PIGULNIT—VIritness saw the
trig at Sr. Ell,LitiUS on the 21st of August, but had
heard she made her first appearance there on the IStb;
es not know whether the acts of plunder were com-
mitted at St. Eustatius, or by whom ; it was evident some
per son there or elsewhere had done what they ought not
to have done.

Henry Harr:son sw-rn, and examined by Mr. Sum
—Witness was one r f the crew, and quartermaster of
Ole schooner Las Dames Argetainas; knew of several
vessels captured and plundered by that privateer; knew
of the capture of the B itish brig Carraboo, having seen
the name un her stern ; was cruising some way off
G braltar when they saw the Carraboo, at nine o'clock
in the morning. and came up with her about three;
the schooner fired one blank cartridge to bring her
to, and afterwards a shot; Captain Buysan elevated
the gun himself; on the second gun being fired, the
brig hoisted English colours, and hove her maintop-sail
to the mast; the privateer ho'sted French or Mexican
colours, not sure which; ran under the brig's *seen,
hailed her, and asked where she was from? they an.
swered, from Liverpool bound to Buenos Ayres; Capt.
Buysan ordered them to send their boat on board; the
boat was lowered, and the mate and four seamen came
on board the schooner; the prisoner told witness to
go in the boat with another quartermaster and two
officers; Saba., Cooper, Peter Noyes, and witness,
got into the boat and went on beard; Mr. TA*
leure, a Gentleman passenger, was walking on the
weather site of the deck of the Carraboo; Cooper
ordered witness to go below, to set what the
vessel had in ; Mr. Taileure said, "We wOO% stand . •
this ;" Cooper told him they would not take anything •
from the vessel, and that he need not be afraid; witness
jumped below ; the hold of the Carrabon• was very full
of cargo; witness told Cooper she bad a general-cargo
in, and that it was not worth while to overhaul it ;
shortly alter the boat came from the schooner with
four hands of the Carraboo, and the Mate told Captain
Cr irk, of the Carraboo„ that he was waived on bolted
with his papers ; Captain Cook went on boa• d v ith his
papers; shortly after, the boat returned to the Coo
•raboo, and stated that they wanted the invoices of
.the goods from Mr. Taileure. Mr. Taileure sent
them on board ; Peter Noye, Qoartermaier, made
a motion to witness for plundering the sense'; the
boat returned, manned with Spaniards, and when
si 'less saw them, be told Mr. Taileure to get
ready to go on board the privateer, as they were going
to make a prize of the vessel. Mr. T. appea. ed thun-
derstruck; witness told him to get his clothes acrd
Money ready to take with him; when the Spaniards
came on beard, they ordered .he peoele of the Carr,boo
to get into the boat; witness and Peter Noyes were
ordered to go into the boar, to return to the privateer ;
the people and part of the baggage were put in the
boat, except two boys left on board the C rrabno; it
was then night ; they towed on board the schooner ; the
crew and passengers of the Car taboo were confined in
the main hold; a Free crew and officers were then
picked nut, and sett; on board the Carraboo, and the
Spaniards and the two boys left on board returned
to the schooner in the ho it ; when the Straniards
came on board, they were loaded with the clothing
and luggage of the crew of the Carraboo; the
schooner then filled her sails and steered away ;
witness heard it stated in conversation that the Carraboo
had gone to St. Eustatius ; was quite certain that the
brig now at anchor in this road was the same vessel
taken by the privateer; the officers and passengers of
the Carraboo were not confined by day : from tf e time
the schooner parted with the C ',taboo, to the time she
made land, was four or five days; they made the
Canary Islands; heard the n in,e, and believes it was
Lanzarote ; they drew into the land fast. Witness had
3/. The passengers, Mr. Taileu e, Mr. Cart a right, and
Captain Cook, were all ; wit. eels s ipt two 41 pieces
into Mr. Taiseure's hand, unknose n to his ship's com-
ps-Iy. Mr. T. s ,id, "I receive this money in the King's
name." Witness gave at the time his name to Captain
Co. k, and at the same time gave I im all the instruc-
tions in his power as to the laud, and where his
vessel was to be found, having understood he was to
he landed. There was a French Captain and crew of a
brig previously captured also on board; the prisoner
Buysan gave Captain Cook twenty pounds, and the
French Captain ten pounds; when five miles from the
land,the Carraboo's boat was hoisted out, and the people
lowered into it; some of the Frenchmen had clothes, bet
Captain Cook and his ship's company had none; the
bo t was not leaky, but as the wind was blowing hard
alrwg the land (it was on their quarter), witness, al-
though a sailor, should t have liked to have been put
on boat d the boat, as he did not think that the persons in
it were pelf ctly safe. The clothes of Captain Cook and
the passengers w ere all shared out by the prisoner_
(Some clothes %%me produced, which the witness identi-
fied as having been plundered from the passengers on
board the Carraboo). The things were distributed among
the ship's company; they were abreast of the Gut of
Gibraltar when they fell in with the Cartaboo ;she was
then twelve days from Liverpool; I think it was on a
Sunday, about the latter end of July last.
On his cross-examination by Mr. Proanterr, the wit-
ness stated that the Captain generally ordered the guns
to be fired. First saw the Carraboo about nine o'clock
on the Sunday morning; saw the papers delivered ; did
not hear Captain Buysan say that he (witness) was not
to go on board the brig, as she was not a legal prize;
the Captain always said he could not read English, and
the Doctor generally tend the English Papers, and ex-
irlained them to him ; he also served out the provision%
and keit the log. By the Captain's desire the D ,etor

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galre eiders se- the Quarter-masters to distribute the
eothes ; the Captain did not take any of the clothes.—
Expected at one time Co be admitted as King's evi-
de ice; Hired the schooner at St. Thomas's; the Loap4'
tam did not go on shore at St. Eustatius. At the time
he shipped his people he said he had a Buenos Ayreaq
commission ; the commission as not explained in Eng
lisp, but witness guessed what it was; the instructions
were read every Sunday; the Carraboo made no resist
glace. • Capt. Buysan went on shore at the Canary Islands.
Elias Harry Merryman :wenn, and examined by Mr.
SMITH. Witness was on board Las Minas Argentines
when she captured several vessels, and when the British
vessel Carraboo was taken ; saw her name on the stern
and on her papers; the Commander's name was Cook ;
she was taken povession of by order of she prisoner at
the bar ; when Captain Cook came on board the priva-
teer, the.prisoner took his papers from him, and went
into the cabin, telling witness to follow him, which he
did, and Captain Cook likewise; the prisoner handed
witness a paper, which he thought was the Carraboo's
manif st, containing the articles on board, and the
,prices set opposite ; the owners names were Taileure
and Cartwright; the clearance of the brig was for Monte
Video; from the papers witness hastily estimated the
value of her cargo at twenty-six or twenty-seven thou-
sand dollars; Mr.Taileure.the supercargo, gave witness'
statement making the value of the cargo 28,0001. ster-
ling ; when the prisoner heard the value of the cargo,
he said to Captain Cook, S. I think you are a very good
prize ;" Cook smiled and said, No doubt I am a
good prize, if you are permitted to take me the psi-
loner replied that his instructions authorised him to
take him ; witness requested Captain Cook to let him
look at his letter of instructions, which he did; wit-
ness saw all the papers that came from the Carraboo,
and they were all British, with the exception of some
certificates frOm the Brazilian Consul in England; by
the letter of instructions the Carraboo was directed to
proceed to Buenos Ayres, and if she could not get
there she was to proceed to Monte Video. Alter
ex rosining the instructions of Captain Cook, the
prisoner said he would take the brig, and ordered
w;tness to tell certain men to go on board. He also
wrote a letter to Mr. Stiles, an American, of Baltimore,
olio had told witness that he was one of the principal
owners of the privateer. The Captain, crew, and the
passengers of the Carraboo were brought oil board the
schooner, and wO'e put under hatches, and a sentinel
put over them. Six men and two officers were then
sent on board the brig from the privateer. The letter
witness had written to Mr. Stiles, by order of the pri-
soner, stated that the Carraboo was a Brazilian vessel,
bound from Para to Lisbon, and expressed a wish that
the cargo should be taken out at St. Eustatius and sent
to St. Thomas's. This letter was sent in the brig to St.
Eustatius. The witness then corroborated the evidence
of the last witness, respecting the landing of the crews
of the captured vessels at the Canaries. When the pri-
vateer first sailed from St. Eustatius. witness considered
the commission good. He bad sailed in her on a former
cruise; the privateer had never been at Buenos Aytes.
No prizes were sent to that place. A great number of
vessels were captured and pluadeted; one of the vessels
captured was called the Dein() Imperador. Witness
knows a person of the name of Armstrong, a part owner
of the privateer; the letters now produced ate in his
handwriting.
S veral letters were pot in and read. addressed by
Mr. Armstrong to Mr. Jo-epls Debaysan ; in one or
which he request-d the latter to keep every thing quiet
about the schooner, particularly from the enple of Bal-
timore. After expressing his fears that officers could
mist be ha.', the writer concluded by stating, that ano-
ther schooner was being fi ted out, and begging Mr.
Debuysan to destroy the letter.
On the cross-esamination of this witness, he steed
that the letter he had written to Mr. Stiles was sent by
the Carraboo. The Carraboo was taken on a Sunday,
but witness did not recollect using any argument to
Captain Buysan to induce bim to. pot Taileose on
board. Taileute is an American.

• On his cans eximinition by ambit. Counsel, the
witness admitted that he had thrown the Carraboo's
papers overboard, With die exception of a letter of in-
structions. He also stated that the prisoner had given
Captain Coak twenty dollars, and had offered to give up
the clothes it the boat would carry them.
The commission ts as then given in evidence. It
authorised a cruise for one year from the day of the
privateer's sailing 'from the port of equipment. By in-
dorsements on the lock, the command was transferred
horn Quincy (to whom the commission was originally
granted) to Stiles, and from Stiles to Buy,an. •
The " particular instructions" of the privateer were
also read io evidence, and translated.
Mr. SMITH then addressed the Jury, and cited several
authorities explanatory cf the crime of piracy.
Mr. Mittueusttouou followed, and said the prisoner
at the bar was a roving pirate in every respect, but par-
ticolierly wish regard to the Carr aboo. The whole scheme
•as ba-tily got up, and was a desperate attempt to
further the ends of piracy.

The prisoner's Counsel cantende,i, that the prisoner
being Is foreigner, owed no allegiance to the British
Critwn‘ and therefortithe Court had no ju►isdiction.
The JUDGE haying b. icily summed up the caw, the
July /civet'. and in a very few minutes rr turned a yes-
dirt f
On the re assembling of the Court on the f illowing
day, Josepi Lazar() Bnysan was brought up for judg-
ment, and sentence ut Death passed upon him in the
usual way.

The other prisoners named in the indictment with
l~nysan Were then pot upon their trial. The same evi-
dence was brotrght forward as on the preceding day,
and the Jury gave a verdict of thrill against all the
prisoners, except Harlem Jose, whom they acquitted,
•Ind rrcrnomended the Pepe Goonles, to the met.
x Ifni consideration or tire Coon, on *element of his youth.
The next day J .se Martine-, Manuel Gonzales, Alfred
Cooper, Williarn Ogle, Prier White. Neill M•Neill,
D mid Holland, Thomas Hennesy, Wdriam Phillips,
alias Niftier, William Hatton, and Joseph Fleming, were
convicted of the same offence of piracy, in t'.e capturing
of the British brig Carrabon, and sentenced to Joni'.
The Jut] tecommended William Ogle to mercy on
'account of Ms youth.
THE EXECUTION.
Sr. CHPISTOPUItit'S, Saar. 30.--Ponsuant to their
sentence, Joteph Lazaro Buysan. Marrero) Sahala, Jose
Taparoni, Ygnasia Gironella, Grimier Jorda-, Casio
Pecori, Bautista Moll, Pedro Canales, Juan Martinez.
Jose Ignatio, vied Juan Gonzales, were on B..torday,
conveyed to the place of execution. The battalion or
the militia was 'timed out ors the occasion, and marched
from the square to the street in front of the gaol. Th.
prisoners were then 'broeght rut, and placed in two
tarts, and the awful procession moved off in otdinary
time. While the procession moved onwards (torn the
gaol, minute guns were. fired from the very instrument
of the unhappy culprits' depred..tions, the schooner La

Damns Argentina, which lay at anchor opposite the
place of execution. ..,,
Yesterday the awful Orr mottles, of S.4tutday .webs
repeated, in cirryi.ig ir.to exetution the sentence tilete
lab-en•Manuel`C.lderoe, Vltenfe Dna', Peter Noyes*
Pedtt Alcantara Francisco Mande. Candaladio 'Atil
dalk.Antenio hod, iguet., Juan-MIAla, J se Matines,
and Manuel Gonzales.
And this day, Alfred Cooper. P. ter White, Daniel
Holland, Thomas Hennesy, William Phillips, William
Hanton, and Joseph Fleming, were condu ted in the
like manner to the same spot, and there paid the furfeit
of their lives for their unpardonable. offence.
Neill *Neill, Wm. Ogle, avid Pepe Gonztle., haie
been pardoned by his Honour the Commander•in-Chi• f,
on condition that they serve in his Majesty's navy ler
the space of ten years.
Thee, were five other men taken in La Damns Ar- '
gentinas, who, it was ascertained, inned her at the
Canary Islands, after the capture of t!.e Carr shoo; and
they were therefore not brought to trial. These men,
with the two boys, were embarked this day on board his
Majesty's ship Victor.
I,ds . . .. . ..
—___________ .... _____

THE EVENING STA IL

LON i)ON.

THURSDAY, NOVEMBER NOVEMBER 20, 1828.