Star.
London, England, 1810-04-04 00:00:00

CA PTAIN LAKE.

certainty than that the man had perished, and it was
his (Sir F. Burdett's) first intention to have moved!
an Address to his Majesty, to order an inquiry into I,
the murder ; but it had been suggested, that as the
evidence was not sufficient to determine a Grand Jury,
the Address might be opposed. But the facts con-
tained in Mr. Thomas's letter were so singular and
so pointed, that no doubt rested on his (Sir F.'s)
mind, of the crime having been committed in its
fullest extent. It appeared from the evidence of Mr.
Spencer, an officer of the sloop, that -Jeffery, the un-
fortunate victim, had been charged with stealing, if
that could be stealing, a little spruce beer; but from
the same evidence it appeared, that there was a wish
to get rid of him previously to the offence—an ac-
tual conspiracy against this unhappy man ; he was
seized and sent away without his clothes or money;
there was no use in those to him, for he was sent
away to die. In two months after he was sent for,
and his trowsers were found. The man was sup-
posed by the seamen to have been devoured by the
birds of prey that flock round the island ; yet this
act, with all its horrid feeling about it, was thought
by the Admiral in the West Indies and his Court
Martial to be a trivial occurrence; and a report of a
report, taken from the report of an American Paper,
was to acquit Captain Lake of the deepest crime of
which the laws can take notice. [Here Sir Francis
read a minute of the evidence, in which it was men-

tioned that the officer and party sent on shore to look
for Jeffery, took fowling-pieces to shoot the birds on
the island.] What ! Sir, said he, were those to be
their occupations in that most melancholy visit ?
They were sent to ascertain the life or death of a hu-
man creature; to find him dying, or to find his bones,
and yet this they converted into a shooting excursion.
Even then but a few men were sent on shore ; but

their object was not to find his remains ; they were
not to find the corps that was to give a dreadful tes-
timony against its murderer. 'Why was not every
man that could be spared from the ship sent ? and
why were only a single boat's crew, and those ex-
pressly prepared so with means of amusement, as
to draw off their attention from any diligence
of search ? In the evidence it came out that the
nearest land to Sombrero, the place of this atro-
cious crime, was Anguilla, and that was at a dis-
tance of seven or eight leagues ; which yet in Ad-
miral Cochrane's statement had been said to be
just beside it. It also came out in evidence that the
ship was in sight cf Sombrero next morning. Thus
Captain Lake had time for thought; but it was only
for double guilt ; the sun went down upon his wrath,
the sun rose upon it, and neither time nor thought
could awaken him to a sense of the misery of the man
who was at that moment sinking under his revenge ;
at that moment on a shore where no human footstep
trod, sinking under the suffering of body and agony
of mind, that last terrible visitation of misery when
the mind sinks under its weight, and the man has lost
at once the power of resistance, and the hope of resto-
ration ; it was to a death like this that he was con-
signed ; a lingering detail of all the suffering that
can be laid upon our nature, where the pains of body
burning under a tropical sun, were wound up by the
bitter depression of a mind that was never to hear the
sound of a human voice again, never to feel the con-
solation of a human presence, but sink from hour to
hour, helpless, hopeless, deserted, and in despair—
this, (said Sir Francis) this was the fate reserved for
a man. What was the guilt of this atrocious crimi-
nal ? Had he deserved to be cut off from the com-
munion of his fellow-creatures, by some act which
put him out from the limits of human feelings? He
had stolen some spruce beer ! Yet, were this mighty
crime proved, where was the sanctity or even the so-
berness of justice calling up all her powers to fix the
crime upon the offender, and vindicate herself from
cruelty in the horrible punishment which she had de-
vised for him ? The crime was not proved, nor at-
tempted to be proved ; there was the disc dixit of a
Captain of a sloop of war, and the formal and digni-
fied justice of the men who had resolved to get rid of
their victim. Get rid of him ! Why not throw him
into the sea ? It would have been mercy to the death
which they reserved for him. It had been said,
that the island was supposed to be inhabited ; but all
authority was against that idea. [Here Sir Francis
read an account of the Sombrero Islands, from
Brooke's and other popular Gazetteers, which all
concurred in representing those Islands as totally bar-
ren and uninhabited.] It had been said, that the first
suggestion that the Island was uninhabited reached''
Captain Lake when he was at Barbadoes, and that he
declared he would not for twenty thousand pounds
have put the man on shore, had he known it. But
why did he not even then inquire about Jeffery ? Why
not send to America, which he might have done for
the hundreth part of the money, and discover whether
he was living ? The very seamen who were sent in
the boat with Jeffery, declared that he must be
starved to death. It had been asked on the trial,
whether Captain Lake was perfectly sane ! or whe-
ther he was, at that moment of the crime, quite
sober ? It had been said in evidence that he was
quite sane ; but even if he had not been sober he had
time to repent ; the ship lay in sight of the island next
day, and he might then have attempted to undo his
offence, but he was still steady to his revenge. On
his trial, Captain. Lake said, he stood under disad-
vantages ; he had been hurried, and forced to lone
the help of witnesses absent on service—but this was
absurd ; the Admiralty would have stayed the trial
till his witnesses came, but he had his time chosen
by himself ; his witnesses were chosen out of those
who were implicated in his offence—and, it ap-
peared, that even in the progress of the trial every
thing had been studiously excluded which could
press upon his case. He (Sir Francis) felt himself
now painfully situated ; for he must, by the course
of the charge, be drawn in to censure some of those
whose high stations should have placed them above a
neglect of justice. From the Admiralty, he had to
look to the Court-Martial, and to reprobate the un-
scrupulous zeal with which they appeared to shut out
from the case every' thing that might press upon
Captain Lake. [Here Sir Francis read a great porn-
tion of the evidence given by the different Officers of
the ship on the trial, and made slight comments in
explanation as he went along.] Every thing, said he,
in this evidence oppresses the mind, It is dreadful to
think that such acts can result from putting authority
into unfit hands ; yet this man was raised to as higher
rank. I must suppose, for the honourtif human na-
ture, that his offence was not fully known. (Hear,'
hear, from the Treasury Bench.) What must have been

Sir FRANCIS BURDETT rose, and said he had
to submit to the House a motion, which he felt of the
most serious importance. His object was not to make
any motion implying el direct opinion of the guilt of
Captain Lake, but he was anxious that there should
be justice done, and that it should be done, by that
House. He should, therefore, confine himself to
moving for papers relative to the trial of Capt. Lake.
—The class of his Majesty's subjects who were im-
mediately interested in the motion, were men entitled
to all the feeling of the country. The seaman who
had fought and bled in the cause of the country must ,
not be left to the mercy of every petty tyrant—must
not be delivered up to the caprice of a man who will ,
be capricious because he has the power to be so. The
blood of a fellow-subject, and a fellow man, must not
be wasted away at the pleasure of a remorseless and
unpityir.g authority ; or, if that great crime of i '
shedding the innocent blood" be committed, there
must be a Power to which that blood may cry—a
Superior Power, that will not feel it a degradation
of its greatness to bend its ear for a moment, and
listen to that lowly and feeble cry for justice, that so.
lemn cry t‘ that ~;meth out of the ground." But he
would not t.k;:til to the House the feelings which
Fussed upon his mind at the plain recital of the facts
of this most atrocious, cruel, cowardly murder, for
he must call it murder ; yet, as he had mentally
hound himself to abstain from any attempt to height-
( n the case, he would not dare to give it any colouring
cf language ; he could not give it any colouring ; it
V. as a naked crime—an act of cool, determined, deli-
I erate wickedness, on whose glaring and uncovered
la no eye could look without horror. He felt a
kind of national shame on thinking that such a ;rime
could have so long passed almost unnoticed ; and
that when it was noticed, it was with the sang froid of
any other daily occurrence. He had first met it in a
Newspaper, where it was set down as if it had been
nothing more than the account of a stake-coach over-
turning in Piccadilly, and a history of the fractures
of the passengers. And what was this trifle of the
day's novelties ? Nothing more than that a human
being had been seized for an unproved crime ; had
been sent on shore on a desolate island, without food
or water, under the burning sun of the West Indies,
left to perish without help on the face of the earth ;
and that he perished ! Yet this was a tale which
passed like other things of the day. The perpetrator
Of the act was thought to deserve nothing more than ,
an admonition, and was even put into a higher com-
mand. If any thing in the feeling of the public was
still alive, it ought to be called on to investigate this
act ; and it now rested with the House to say, whe-
ther the occasion was such as to call for their interfe-
rence in the cause—.-that most righteous cause of in-
jured justice and insulted humanity ! There were
many strange circumstances connected with the trial.
In the first place the accusers and witnesses were all
of them accomplices. Nothing could come nearer to

the thought of that err etched man,much morewretelied Mr. LITTLETON stated, that until the proposed
than the being whom be had crushed, while he knew Committee had made their Report, he should not put
\
that he was languishing without food or water, with—leis opinion upoa the propriety of making such repro-
out clothing or shelter, in a climate fatal to life. No ; •hensible and atrocious conduct as that of Capt. Lake,
this crime must not pass away ; this was no question the subject of a positive provision in the Articles of
of political interests; nothing on which wise or good Var. He trusted that the Committee in their Report
men might disagree ; it was the cause of the seaman would take the subject up, but if it did not, he pledged
and the soldier ; it was his cause ; it Was their's ; it himself to bring forward a distinct proposition, mak-
was the cause of-all ; the cause of Justice ; the cause ing such an offence as that of Captain Lake a capital
of Nature, that sacred and holy sensibility, whose one before a N.tval Court Martial
movings cannot be checked without a crime !It now Mr. CHARLES ADAMS could not suppose that
remained with the House to consider whether the of- there were such strong reasons for believing that the
fence, of which a mere outline had been detailed, was situation of a person on that island was so desperate,
not one which ought to be prosecuted by the Law when it was considered that such island was in the
Officers of the Crown. The Honourable Baronet then very track of all the West India voyagers.
moved, " That a Committee should be appointed to Mr. CROKER stated his wish that an Address to
take into consideration the Papers relative to Captain the Crown for a more strict search should be adopee%,
Lake's trial, and report upon the same." in preference to the reference of die papers to a Cote
The CHANCELLOR of the EXCHEQUER mittee. ~. , - .- - -
rose, not to repress any of the feelings of humanity Mr. SHERIDAN trusted that he had as fair a
which the Honourable Baronet had evinced. He claim as any man in that House to take credit for an
merely wished to submit to the House one question, 1 undeviating support to every measure which wen.: to
namely, Whether there was any practicable utility I obtain justice for the humble against the ciarrt.-.,(.. :.
in the appointment of a Committee? He wished to of the haughty. He was not afraid to be suspes. ed
assume all the propositions which had been laid down of any criminal desire to protect unjust, oppressive,
by the Honourable Baronet, except one, namely, the and-inhuman severity, committed by rank or ofilse
evidence of his having committed a murder. Cap- against the meanest being that walked the earth—ana
tain Lake ought to have known that the island was in the present instance, though he did not in any de-
uninhabited : there was little shade between the be- gree justify or extenuate the conduct of Captain Lake
lief and disbelief of its being so ; one thing 'at least AO this unfortunate sailor, still be trusted that the warm
was evident—that it was an act of the greatest -wan- but warrantable indignation of the public, would not
tonness and cruelty. He admitted, that theelecision overlook the strict and commanding dictates of jus-
of the Court only amounted to the finding him guilty , lice. Could he (Mr. Sheridan) for a moment con-
of a misdemeanour. Such would have been the deceive that Captain Lake had ordered this sailor to be
cision had he been tried by a Jury, if it appeared in cast upon that island with a consciousness that it was
evidence that he was not guilty of a criminal inten- uninhabited, there was BO inducement that could corn-
don, and had not completed his purpose. He trust- him to offer a single word in extenuation. But
ed the House would not so far mistake the nature of Kim the evidence before them he must contend that
the laws, that after an inquiry already. decided, they no such aggravated case was proved ; that in place
should proceed to institute another. In this- case a of such an aggravation, the whole of the persons ex:l-
--Court Martial had given its verdict, and had inflicted mined averrsthat it was their belief that the island
its severest punishment for such an offence. Such a was inhabited. It was therefore, with much surprize
punishment not being a slight one, what occasion was that he heard fall from the eloquent and learned Cen-
there for the House going into a Committee ? The tleman (Mr. Stephen), (a Gentleman for whom inde-
-1 Honourable Baronet had argued as if the man had pendently of his general character, he did, from his
lost his life on the island. Such a consequence might manly conduct upon a late discussion in that House,
have followed, but the House of Commotis had no feel the most sincere respect) 'such a monstrous pro-
' sufficient proof. The paragraph in the American position, that from his mere glance of the island of
1
Newspaper had been mentioned. That, he would Sombrero, without being in possession of the evidence
admit, was not such proof of the existence of that produced upon the Court Martial, he would as a petty
ill-treated individual ; but in the practice and princi- Juror, bring in a- verdict of murder.- Were it possible
pies of common law it would be respected ; it being for him (Mr. Sheridan) to believe that Captain Lake
understood that in such cases a person could not be believed,as he had said before,that the island wasunin-
found guilty of murder .without a positive proof of the hahited, there could be no language sufficiently strong
fact ; upon such evidence he would positively assert, to express his abhorrence. Indeed, he had then is
that no Judge would allow a Jury to convict. There his hands private information which went to prove
was no ground for instituting a trial for murder : in- the direct contrary. That information would be re-
deed the evidence that was adduced would rather ap- ferred to the Committee, which in compliance with
pear an acquittal than a condemnation ; if his carcase the motion of the Worthy and Respected Baronet, he
had been found, then with much more safety such a_ trusted would be appointed. He had also to state that
trial might be instituted. The Honourable Baronet the 'respectable but afilictedfamily of captain Lake
had introduced some observations upon the West In- i were at that moment exerting every means to find
dia stores, founded upon information in Mr. Thomas's ! out where the Akreated Jeffery, if living, could be
letter. He could not see the propriety of blending found. Still, even his existence could not extenuate
such circumstances with a topic with which it could the offence of that officer, if it were possible tc believe
have no connection. ' that he had devoted a fellow-being to all the horrors
Mr. WHITBREAD, although he felt that the sen- of such a state, with a belief that the island was deso-
tence of the Court Martial upon the conduct of Cap- late. When the Committee, which he trusted would
tain Lake was a very lenient one, still he could not be appointed, should make their Report, he did think
see that they could pronounce any other. Indeed, it would appear that the honest indignation of the pub.
from such evidence, he lid not think, that, were he a lk was rather exaggerated. For the honour and cr.:-
grand juror, he could find a true bill ; still, in a case dit of the British navy—for the comfort and consols:•
of such atrocity., he should impress upon the House Lion of the afflicted family of Captain Lake—for the
the propriety of making the strictest search, in order, character of the crew of the Ulysses, lie trusted chat
if possible, to ascertain some information respecting such would be the result.
this ill-used man. He could not give much credit to ' Admiral HARVEY knew Sombrero. It ea; a
the strictness of the search which had been made by rock where sea fowls deposited their eggs, and front
some of the persons under the command of Captain . the frequent rains, there must be sufficient water ia
Lake. In their first search they had stated that they i the cavities of the rocks for any individual. He said,
had not found any thing : but in the second attempt I that he at the same time time deprecated the conduct
it was in evidence that they had found a part of a of Captain Lake,
tomahawk and a part of a pair a I
trowsers. Why Captain BERESFORD stated, that from an ex..
were these not preserved and produced at the Court , perience of three years, he was acquainted perfectly
Martial ? He could not place much confidence either ! with the island of Sombrero ; it was daily visited by
upon the report alledged to have been communicated ' fishermen, and afforded necessary sustenance. He
from the American newspapers of Jeffery's arrival in I was of opinion, that if a perton was to raise any signal
America. Such information ought not to have satis- lin themoming hewould receive assistance before night.
fled Admiral Cochrane. It was merely an hearsay Sir JOHN SEBRIGHT supported the motion,
upon the hearsay of another person. The House, in and mentioned that Admiral Cochrane had sent a re-
such case, had to consider whether something fur- 1 port to the Admiralty respecting Captain Lake.
ther could not be done, in order to arrive at the fact, i Sir R. BICKERTQN stated, that the intelligence
It was said that the Lords of the Admiralty bad or- I of Jeffery being in America arrived ;after the depar-
dered such a search. Would it not be the duty of . Lure of the vessel which went in search of him.
that House to express a desire that it should be made ; Mr. R. WARD vindicated the character of Ad.
promptly and strictly under its authority ? Upon ! miral Cochrane, and expressed his conviction, that
every view of public justice, of justice as well to the ! Jeffery could not remain 24 hours without relief.
injured individual as to Captain Lake, that that in. I The ATTORNEY-GENERAL thought, thee
quiry should be diligent. As the case now stood, it ! from the repreientation of a gallant officer (Captain
was impossible that an act of more horrible cruelty; Berestord), the aggravation of Captain Lake's con•
could enter into.the contemplation of man. . Indeed, I duct was considerably lessened. Fronethe evidence
well might the worthy Baronet say, how constructed it Was impossible to suppose he thought death would
must that mind be, which should, for the punishment ensue; nor did he think the conduct of Admiral Coch-
of a paltry theft, devote a fellow creature to all the cane such as to merit the censure which some Gentle-
dreadful consequences of such an atrocity—cast upon men seemed disposed to cast upon it.
a desolate rock, without food, without raiment, with- . Mr. CURWEN approved of the suggestion of ad.
out a companion !—Upon such grounds, he conceived , dressing the Crown ; he should be sorry any division
that the best course was to adopt that of an Address should take place, confident as he was that there was
to his Majesty, praying him to order the Privy Coun- no difference in the sense of the House on the subject.
cif to direct an immecuate and strict search for Roe- i Lord COCHRANE was conviticed the conduct
. • .
bert Jeffery. lof the gallant Admiral was totally exempt from
Mr. STEPHEN rose to perform a painful but a blame, whom he vindicated in very warm terms.
necessary duty. With the particulars of the present , Mr. CANNING thought there were many reasons
case he was not acquainted ' • but as he possessed a ' to avoid instituting an inquiry, after the decision of
geographical knowledge of the Island of Sombrero, 1 the Court Martial. The Hon. Baronet would find,
having sailed by it, he declared that, if on a and on consideration, that the inquiry could end :a 0)
jury, he would find a bill of indictment, and, icon a ' other way than it had done already. The island, it
petty jury (if life had been lost) he would bring in a appeared, was liable to daily visitation ; but even it
verdict of murder. The place presented the desolate there were no further occasion to Froceed ag Mist
appearance of being the resort only of sea-fowl ; arid Captain Lake, he thought the House slmuld by an
he considered that the offence might be deemed as address shew its sense of the crime.—(Parr, Urn)
flagrant as if one were tn.let r,nother down into a fa.. 1 Sir F. BURDETT felt that he had completed his
thomless coal-pit, unobserved, there to perish. He duty. He was desirous of adopting :any mode of
had never heard of its .being visited— was confident obtaining the end he wished. With respect to the
there was no fresh water on the whole island, and 'local 'knowledge expressed of the island, he enee-
could not conceive there was any possibility of escape. tamed no doubt ; but he could not help thinkine, that
H a proposition were made for a further investiga- the conduct -of Captain Lake originated in malice.-
-don, he would therefore give it his support. Even the'•honour of the King ,'as concerned in t:il
Lord FOLKSTONE, after the clear and decided life ()Ibis subjects ; he therefore hoped, that while he
observations of the Learned Gentleman, expressed agreed to the suggestions justice would be done.
his wish that the papers should be referred to a Coat- Mr..Wl-11TBItEAD, conceiving it necessary th:::
mime, and that Mr. Stephen should be a Member the Pulbc• thould be satisfied with respect to the fate
of it. There was also a necessity, in his opinion, to as- the unfortuiiate man, had drawn lip a notion,
certain what became of tbepreperty tithe individual, Mich would lave the effect desired. • 'lshe Heaour-
who had been so ill-treated. There were certainly able Gentleman then moved,
wages due to him, and as, he wa; no deserter they " Thad an hundtdr address be presented to his Majesty, PI:)",
could not be ferfeited. Os Jai Itis Aelejesty mroilld be. pleased to give directions Oa: 1.
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