Star.
London, England, 1821-12-01 00:00:00

I2VSOLVXNT DEBTORS' COURT, NOV. 30•

PIRACY AND MURDER.

HIGH COURT OF ADMIRALTY, SCOTLAND.
EDINBURGH, NOVEMBERS'.
Monday P. Haman and F. Gautiez were placed
at the Bar, at the instance of his Majesty's Advocate,
on criminal letters, charging them with piratically,
seizing the brig Jane, of Gibraltar, on her voyage
from that place to the Brazils, 'freighted with a va-
luable cargo, including specie to the amount of
38,180 Spanish dollars ; and further charging them
with murdering T. Johnston, the Master, and J. Pa-
terson, a seaman, of the said brig ; and also with
confining P. Smith' and R. Strachan, seamen, in the
forecastle, where, by attempting to suffocate them
with smoke, the prisoners succeeded in terrifying the
said Smith and Strachan to assist them in seizing the
vessel, which they afterwards sunk off the coast of
Boss-shire and landed the specie in the Isle of Lewis,
in that county, where they were apprehended. •
The circumstances of this case attracted the most
intense interest. It may be recollected, that the pri:
soners were apprehended by an Officer in the Preven-
tive Service, on the island of Lewis, in consequence
of the information of a boy belonging to the crew,
whose confession was influenced by the atrocity of
the murder of .which the prisoners stand accused.--,
Beaman, mate of the vessel, is a Yorkshireman ; the
other, who was cook, describes himself as a French-
man.—The indictment being read over, the prisoners
pleaded Not Guilty.
A. Camelier, a Maltese boy, deposed as follows :
....He had been at sea for four years, on board a
schooner belonging to Gibraltar. Does not recollect
the name of the ship. Went on board at Malta. He
sailed from thence to Gibraltar. Captain T. John-
ston was Master. When they arrived at Gibraltar,
F. Gautiez came on board as cook, and the other
prisoner (P. Heaman) as Mate. The crew in all con-
sisted of eight persons. The ship was bound for the
Brazils, but does not know what port. Took in a
cargo at Gibraltar, of raisins, oil, bes'-wax, &c. also
a little silk, and eight barrels of dollars. The dollars
were the last part of the cargo that was put on board,
which happened in the afternoon, and they sailed tht
morning following. The deponent slept in a bed in
the cabin, next to the Captain's, on the same side, but
more aft ; the Mate also slept there, but on the other
side. The other part of the crew slept in the fore-
castle. It. Strachan and J. Dhura watched with the
Captain. P. Smith and Paterson generally watched
with the Mate; but Smith having got his leg cut,
and could not walk very well, F. Gautiez went to
his place. Was about seventeen or eighteen days at
sea before the Captain was killed ; and Smith's leg
was cut three days before that. When he was in bed
be heard a musket-shot. The Captain was also in
bed. The shot awoke deponent, audit was perfectly
d.trk ;., the cabin. Went on deck. Thinks that the
shot was fired into the cabin, at the Captain's, bed.
When deponent got on deck, he saw the Mate striking
Paterson with the butt-end of a musket. Heard Pa-
tercon cry out, and saw nothing in his hand with
which he could defend himself. Never saw Paterson
Wilke the Mate, but saw the Mate strike Paterson
mote than once. He was standing when eponent
first saw him, but Paterson was afterward. knocked
down by the Mate beside the main hatchivay. De-
pot:eat afterwards saw the Captain come up from the
cabin, which was after the Mate had struck and
knocked down Paterson. The Captain then said to
deponent, " What is this?" and at the same time
hoging his hand upon his forehead. The cook
caught hold of the Captain, and struck him a blow
with the butt-end of a musket. The cook threw the
Captain down, and the Mate came and struck the
Captain with the musket which he held; the Captain
then groaned, and cried very much. Strachan and
Dhura were at this time in the forecastle in their
beds; and, hearing the uproar, were coming on deck,
when the Mate ran to the hatchway with an axe in
his hand, and cried, " Don't come up." The Mate
then shut down the hatchway to prevent Strachan
and the others from coming up. They then threw
the dead bodies overboard. Paterson was thrown
• first, who was quite dead, and had his clothes on.; a
piece of iron was attached to his coat. Was ordered
by the Mate to throw them overboard. Dhura ap-
peared to be frightened; the cook and the deponent
assisted in throwing them overboard. It was from
fear that he, deponent, assisted in doing so. He
said to the cook, " Don't kill me, and 1 will do it."
Some stones were attached to the Captain's body. He
had on his trowsers and his shirt, with one brace over
his shoulder, when he came up from the cabin, which
was the way he generally slept. The cook was the
most active in murdering the Captain and throwing
the body overboard. The Captain was not quite
dead when he was thrown overboard. It was about
the space of six minutes between the deponent's and
the Captain's coming on deck. The Mate nailed
down the hatchway upon Strachan and Smith next
morning, and made it fast. He also lighted a fire in
the cabin, and made two holes in order that the
smoke might go forward. Deponent was ordered to
get flour and water, and stop up all the seams in the
hatchway, to prevent the smoke from escaping. All
the bulk-heads were shut. Strachan and Smith were
kept below two nights and one day. The smoke was'
kept up from the morning the hatchway was nailed
down till the following morning. The Mate asked
the others on deck whether they thought they were
dead or not? Deponent answered that he did not
know. The hatchway was opened the aest mornings
Those that were confined in the forecastle appeared
to be down-hearted and half-crying. They were
given some breath by the opening of the hatchway,
and it was nailed down again. It was opened on the
third day, when they were allowed to. come on deck.
Dhura solicited them to spare their lives, when they
were allowed to come up. They did not force depo-
nent to swear, but compelled those who came up from
the forecastle to do so. They swore that they wOuld,
not reveal anything that had happened, and then',
kissed the Bible. In the course of the day he was
sent down by the Mate to the cabin. Saw some
blood on the seat and the Captain's bed ; and the
Captain's pillow was destroyed, covered with blood,
and the feathers strewed about the bed.--The
clothes upon The bed were thrown overboard, and
he washed the cabin. He also washed the deck.
Saw blood- where the Captain and Paterson were
lying. Saw a musket ;a the lauds of tin sook,

stained with blood; this was in the morning. The
Captain was a good man, good tempered and kind,
and never saw him drunk. The cook's arm was tied
when he first came on board the schooner. There
were six muskets on board; they kept two, and threw
the rest overboard. The dollars were taken out of
'the barrels after the Captain was killed. The casks
were broken up below by the Mate. The cook was
at that time on deck, at the helm. They emptied
the barrels, and put the dollars into bags. A num-
ber of small bags were made, into which they were
put. They t':en steered for Scotland. Landed first
at the Island of Barra. After .the Captain's death,
the Mate acted as Captain, and the cook as Mate.
The new Mate, Bob, and Smith, went on shore at
Barra. The Mate had Captain Johnston's coat on
when they went ashore. They went thence to Storn-
away, in the Island of Lewis. When they were near
the shore, they tried to sink the'schooner, by making
holes in her with a crow-bar : the Mate desired him
to do this ; and the water came up through the holes.
They then went into the boat to take the money
ashore; they had previously counted the money, the
dollars, first with their hands, and then with a tin-
pot ht the boat. Each of them got some dollars;
about 6300 each ; they put the dollars in belts. They
Went ashore, destroyed the boat, buried the money,
and made a tent. Some poor fellows came first to
the tent; afterwards two Gentlemen, *ho tookdown
their names. They opened the chests belonging to
the Mate and seamen. Each chest held dollars, and
there were others under ground. These Gentlemen
left the tent afterwards. When the Gentlemen were
gone away, he (witness) ran after them, and told
them what he has said here. (One of the Gentlemen
was a Mr. Myer, whom the witness now identified
in Court). Did not tell the Mate, but he told Dhura,
that he was going to do so. The day before he told
Dhura, that if somebody were there, be would tell
the story. Dhura said, 11 Very right." All the
sailors took part in the sinking of the vessel, and he
was obliged to do it ; the Mate and the cook com-
pelled them. He always intended from the first, to
inform, as soon as he got on shore, of what had
taken place. He heard nothing about killing the
Captain or taking the money until it happened. The
Captain had . a watch, which, after his death, be-'
came the Frenchman's. The witness identified the
watch, on its being prockced. It had also a chain
and seal, which the Mate got, and put on to his
watch. The witness also identified the pistol which
they had on board, and likewise two muskets, and
the Captain's coats and chests. The papers' were
burned : the 11Pte, along with himself and others,
did it by the Mate's orders; the Mate and cook threw
some papers overboard; stones and pieces of iron
were tied to them, to sink them. When fire was
made upon the floor below deck, there was copper
under the fire-wood to prevent the floor from burn-
ing. There was no fire-place in the cabin.
D. R. Strachan, aged 19, said he went on board
the Jane schooner at Gibraltar, in May last; was to
sail from that port for St. Salvador, had on board
40,000 dollars stowed in casks, besides other goods.
This witness corroborated the evidence of the pre-
ceding witness, and detailed the circumstances of the
mutiny and murder.
T. Smith and J. Dhura (an Italian), two others of
the crew of the Jane, deposed to the same effect.
After the JUDGE ADMIRAL had taken a very mi-
nute survey of all the evidence, the Jury delivered
in their written verdict, unanimously finding the
prisoners—Guilty.
The JUDGE ADMIRAL proceeded to pass on the un-
happy men the awful sentence of the law, ordaining
them to be taken to the Tolbooth, and there fed upon
bread and water, until the first Wednesday in January;
at nine o'clock on the morning of which day they are
to be conveyed to the Sands of Leith, and there to be
hanged by the common executioner, and their bodies
afterwards to be dissected and anatomised.
Heaman is a good-looking man, about 35 years of
age, of a mild countenance and penetrating eye. It
is said, he is a native of Sunderland, and was in the
Navy during the late war, and while a prisoner of
war in France, he married a native of that country,
by whom he has several children. She is an interest-
ing young woman, and was in the Court during the
whole of the trial, overwhelmed with tears.
Gautiez is said to be a native of Havre:de Grace,
is about '25 years of age ; his countenance exhibited a
gaiety of manners, which was apparent even to the last.
It is a curious fact, that at the time the prisoners
were apprehended, the whole ship's library consisted
of a book entitled Thal of Capt. Delano, fur Piracy.

The Sessions of the Peace for the County of Mid-
dlesex will begin on Monday next, at the Sessions
House, Clerkenwell-green. The Old Bailey Sessions
commence on Wednesday next.
Thursday evening, as Mr. TAYLOR, of Holywell,
Oxford, was passing by All Saints' chinch, a man
without a hat, and dressed in a striped jacket, sud-
denly sprang forward and seized Mr. Vs watch chain
and seal, with which he got clear off.
I'he following extract of a private letter from Cork,
presents a lively picture of the state of that county :
s. This County, thank GOD ! as yet presents the ap-
pearance of tranquillity, but some symptoms have
lately shewn themselves near the borders of the Codnty
of Limerick,which make us apprehensive that the bad
spirit of that County may infect the neighbouring pea-
santry. A general feeling of distrust and suspicion
exists between the Gentry and the poorer classes, and
the latter already in many places feel, in the absence
,of usual alms and other acts of kindness, the' ill con-
sequencesof the disturbances in other places. AU kinds
of business have been affected by the present state of
the country. The country Gentlemen confine them-
selves very much to their houses, apprehensive either
silvering assassinated while abroad, or of leaving their
families exposed during their absence to the sudden'
attack of some unknown enemy. The houses in most '
places present the appearance of military stations in an
enemy's country; they are all barricadoed in the ground
Boors, and are many of them well provided with the
omens of resisting an attack. Their general condition
presents a picture of fearful interestiand almost tempts
a momentary belief that we hive either retrograded
suddenly some two or three centuries in civilization,
or that we no longer inhabit the country of our affec-
lions. but are transplanted by some evil genius into
the wilds of North America, and are bound to combat
for 4 our daisy bread' With the amazes aid the wild
beasts of the foams.'

Thomas Edward Loddington, an Ensign of the 53d
Regiment, on half-pay, whose case has already been
before the Court, was to-day again brought up to be

discharged.
The Court directed that he should pay Oil per an-
num to his creditors out of his half-pay, and the in-
solvent was then discharged.
In the course of the day a great *lumber of iasol-
vents were discharged under the Act.

MA wstoN-House.—Yesterday, Shadrach Harris,
a Polish Jew, of most patriarchal appearance, was
brought before the LORD MAYOR on a charge of
having violently assaulted one of his brethren, named
Simon Jacobs. Mr. Jacobs stated, that on the night
before he was at his devotions in the Synagogue,
which was closely filled, when the ceremonies were
interrupted by a loud coughing amongst a number
of females who were seated in a corner of the edifice.
Some inquiries were set on foot to ascertain the cause
of this interruption. Those in that part complained
that there was someone who had been sending clouds
of smoke amongst them, and on looking about, the
defendant was found seated, with a short pipe in his
mouth, dispersing volumes of smoke with the utmost
composure. lie was reproached rather sharply for
profaning the place, but he feigned not to understand
a word that was said to him, and putting the pipe
into his mouth, again puffed away. On the witness
intimating that it must be given up, he roared out
Murder! You want to rob me, you thief!" The
interruption created a tumult, when Shadrach, who
probably saw that a storm was gathering amongst his
irritated brethren, put his pipe into his pocket, and
held his peace during the remainder of the ceremony.
He, however, waited at the door, on the breaking up''
of the assembly, and seeing Simon, the prosecutor,
come out, followed him to a convenient distance,
and set up a cry of " S'op thief!" then seized him
by the throat, gave him some kicks which were
likely to provoke a return from Simon, who is
young man, and who endured them with most Gilds-
tian forbearance, together with a severe bite; but he
turned the tables upon Shadrach, whom he held until
an officer came up and received him in custody.—
Shadrach had been just before begging for bread, as
he said he was in a starving. condition, but he was
searched at the watch-house, when gold to the
amount of £lO was found on his person. • Shadrach
denied all that had been said about him, except the
fact of his having smoked in the Synagogue, which
was too strongly substantiated. The LORD MAYOR
informed the prisoner that he was mistaken if he
supposed that, because he was in a free country, be
could act the knave or m idman with impunity. His
Lordship ordered him to find bail to answer for the
assault at the Sessions. But not being able to do so,
he was committed to prison.
MA RLsonouGH-writzsT.—Yesterday, the inquiry
respecting the throwing of Thayers out of the win-
dow of an infamous house in Charles-street, was,
resumed : when Sarah Brown, who occupied the
room from which Thayers was thrown, stated that
she had fastened her door with a ribbon, and was
absent when the affair happened. Oa her return,
she asked the prisoner Burrell, how the man came
in her room, as Pethick, who had brought him in,
lived in the opposite room? he replied, that Thayers
had broken in, and thrown himself into the street.—
lie was much confused, and on hearing the man
uas dead, he changed his clothes and escaped. Mrs.
Haggerty, the landlady, said Burrell and Angel, the
woman with whom he cohabits, were up stairs when
the man was thrown out, but herself and Pethick
were absent at the time, looking for a watchman. A
watchman's wife, named Price, who lives opposite,
swore roundly that she saw Pethick wrestling with
the man at the window ; and she went on with such
inconsistent testimony, that the Magistrate com-
mitted her for perjury. Burrell was also committed,
charged with an assault on Thayers in the room; and
the other prisoners were again remanded.
LAIIIIET REET.-.../. Doran was fully committed
for snatching a purse, containing twelve sovereigns,
from Elizabeth Hines, in the tap-room of the Star
public-house, Wentworth-street, \Vhitechapel.
UNION-HALL—Yesterday arespectable tradesman,
residing in Kent-street, Southwai k, appeared to an in-
formation laid by Mr. James Reeves, Chief Clerk of
this Office, charging him with having, on the 26th
of October last, at a gaming-house, played at the un.
lawful game of hazard. The defendant pleaded
" Not Guilty." Two young Gentlemen were exa-
mined, and swore to the defendant having played on
the night in question. The Magistrate said the case
was proved to his satisfaction, and convicted the de-
fendant in the penalty of E5O.

Wednesday evening, a little before six o'clock, as
Mrs. BENDIER, a respectable middle-aged female, re-
siding in Lambeth-Walk, was returning home from
Blackfriars-road, she was attacked by three ruffians,
as she was crossing the piece of waste ground, be-
tween Oakley-street and the Coburg Theatre, oppo-
site Lambeth Marsh, who gave her several tremen-
*duns blows, which knocked her down; and while
the lay on the ground, the villains rifled her pockets,
and tore her shawl from her back. She screamed
for assistance ; when one of the gang put his hand
over her mouth, and threatened to cut her throat if
she did not hold her infernal noise. When the vil-
lains had got possession of all she had they decamped?
threatening to return and rip her up if she made the
least alarm. Several persons soon afterwards came
up to the spot, and assisted the poor woman to her
home : her extreme fright produced a fit, and she
was in a dangerous state during the greater part of the
night. One of the villains was dressed in a rough
drab-coloured top coat ; he was very tall, and his
voice was remarkably gruff. Information of the
daring outrage was yesterday given at Union-Hall
• Police-office.

Yesterday morning, between two and three o'clock,
some thieves attempted to break into the house of Mr.
PHILLIPS, of Union-street, by entering the first floor
window. Mr. P. slept in the room, and being awoke
by the noise, seized a hatchet, and struck through a
pane of glass at the villain, who fell into the aims of
some companions below, and was carried away.
Yesterday mornin, Home's Dover coach was rob-
bed by a ganeof thieves in the Kent-road, between
the Bricldayer's Arms and the Half-way House, of a
box containing £UO, in bags of £5O each, besides se-
veral parcels and packages.