The Statesman.
London, England, 1810-04-04 00:00:00

TH STATZSMAN.

ing to humanity. The question was now,
however, whether Captain Lake could be still
!tried upon the evidence before the House for the
arimrof murder. If he were upou'a Grand Jury,
and were to determine upon his oath on the cvi.
denee now before the House to support an indict.
ment.of murder, be must upon his oath say, 4g no
true bill." It he were on a petty Jury, and such
evidence .was laid before him, he must say " not
guilty." He did not think it had been proved
that Captain I. ske knew the island to be uninha.
bited ; for if he had, there would be no use in
marking the word " thief" on the back of the
man. It appeared, however, to him that the
search upon the island was not satisfactory. It
was extraordinary that on the first search
nothing was found ; and it was on thi second,
when they brought guns with them to shoot
birds, that they did find something. They
found the handle of a tomahawk, or hatchet,
and part of a pair of trowsers, such as were
given out for the Navy. Others said that
it was not a part of a hatchet that ever belonged
to the ship, nor even the trowsers. If so, it
would appear that the island had some other inha.
bitant. There was no direct evidence, however,
of its having been at any time inhabited ; and it
was merely a report which stated that the French
sometimes came there when they were employed in
the turtle fishery. On this evidence he thought no
prosecution could be ordered ; but still he thought
that otlscr.witnesses ought to be examined, and par-
ticularly Lieutenaht Maule and Mr.Winsor. The
Rt. Hon. Gentlemealeppeared to consider that the
conduct of Sir A. Cochraau was extenuated by his
believing that thCinan had got to America. He
ought not, however, to have been satisfied with
this account, which was only a hearsay of a hear.
say. It appeared to him, that even now it was
the duty of the Admiralty to order a more strict
and diligent search of the island, for the body of
this sailor. It had been stated by the Honourable
Baronet, and deserved to be stated over and over
again, that this search was ordered to be made by
Captain Lake himself, and'those Officers who
had assisted in carrying into execution his most
inhuman orders. The Right Honourable Gen.
tleman (Mr. Pcrceval) had stated it as a dreadful
case, supposing a trial was ordered, and an acquittal
obtained on the imperfect evidence which is now
possessed, ant) afterwards proofs shoulli appear of
the murder having been completed, and the man
being dead: He should put another case, arel ask,
how much more shocking would it be, if, upon
such evidence, Captain Lake should be convicted,
and that it should afterwards turn out that the
man supposed to bu murdered was still alive
He thought it better that ten thousand guilty
should escape than one innocent man suffer. The
House should, however, steer clear of the peo.
bability of either of those cases occerring. If
upon more accurate search, the remains of this
man should be found on the island of Sombrero,
then as a Grand' Juror he would find a true
bill. He saw no reason why the House should
not address the King to direct the °Seers on
those.stations to make the most accurate search for
his remains, and also use all means to ascertain
•whfther he-be alive or not. This inquiry would
be. most interesting to the family of Captain Lake,
to the country, and •to the 'cause of huseanity.
If he should be rowel* to be alive, the House
weeld be relieved from that horror which they
must now feel whenever the subject is mentioned.
He would beg leave to suggest to the Hon. Baronet
whether an Address to ,his Majesty would nut,
fur the tomes he kid stated, be preferable to a
Committee of the House, who could not at pre-
sent recommend any other trial.' He believed
it would be agreed, on all sides of the House,
that a case of more horrible cruelty could hardly be
conceived. He had heard that sailors often
find the approach of night dreadful 'when their
ship is sailing alone through unknown seas; but
what must have been the feelings of this unfortu-
nate man, when, on the apprpach of eight, he was
left without provisions or without clothes alone
on a desolate island? What must have been his
emotions when he saw the boat, which had Put
him upon the shore, push back again, without
him, to the ship, and when he saw the ship sailing
away, and leaving him a prey to whatever ima-
gination can conceive most horrible? It required
no colouring to make such a case as this most
impressive. Whoever could conceive what must
have been the feelings of the sailor who was so de-
serted and exposed, must justly appreciate the ex.
tent of that cruelty in which those savage orders
originated.
Mr. STEPHEN confessed, that his other avo-
cations had prevented him from perusing the Mi-
nutes of the Court Martial, or making himself
sufficiently master of the case. When he heard,
however, of this Island of Sombrero, he could
nut avoid rising to 'elate, that he had some geo-
graphical knowledge of that island,' hicteather
Members had not an equal • opportunity of ob.
taming. He had sailed by that island', and from
his recollection of it, he did not conceive it
possible that any Officer could have landed a
man there without intending to commit a mur.
der, and he had no doubt but that the murder
was completed. If he were on a Grand Jury,
he would not hesitate to And a truc bill; or if he
were on a Petty Jury, he should no more hesitate
to say guilty, than he would to pronounce it
murder, if a man was to be let down into an un.
frequeuted coal-pit, and left there to perish. It
was a flat, sandy island, and only frequented by
sea.fowl ; nor was there any thing on the Island
that 'could induce any person to land on it, ei-
cept to get sea.eggs. He supposed that this island
was never trodden by human foot more than three
or four times iss the yeir. lie had heard that it
had no fresh water, and he thought it was impos-
sible that it could have any. He was thereforei
sufficiently convinced in his own mind that Ole
man must hare perished; but if any propositlwe
was made which could lead to a further investille;
don of this case, it should have his decided slap.
port.
Lord FOLKESTONE agreed with the sugges-
tion of Mr. Whitbread, for en Address to his Ma.
jesty, to order a mere accurate scarab. He was
ea(' to 44 that the Malicia/ had dune it/ duty
f

•t•

in ordering-the Court-Maitiat:e• bet wit.. .
to Sir Alexander Cochrane, he thought thar_lhis
conduct at least demanded an inquiry. .Three was
another circumstance which he thougjitshooldalso
be attended to. There must be an armir of wages
due to this man, if he was living (as he did not
desert the chip), and in that case care should be,
taken that he should hive it : if not,it should 'be,
- . •i
' given to his relatives.
Mr. LYTTLETON considered, that although'
it was a groat aggravation of the offence to turn a
sailor on au island which was uninhabited, yet he
conceived it would bean merino's, offence to have
turned a sailor out on a strange island, even if it
had been inhabited. He thought that some Bill
might be brought in to make such an offence in
future a capital offence cognizable by a Naval
Court Martial. •
Mr. C. ADAMS made somo observations in
favour of the Address suggested. •
Mr. CROKER, said, • that Lieutenant Maid°
could not be examined, as be hail gone to the East
Indies, and the Admiralty did not think it advis.
able to delay the Court Martial till his return,
which could ,not be expected in less than a yeah,
Mr. Winsor had not come to the ship until ayear
after this transaction.
Mr. SHERIDAN said ho meant not tic excuse
or to endeavour to palliate the conduct of Capt.
Lake ; yet he was not afraid to say a few words
by way of extentiatioti,. out 'of regard to an af.
Meted and respectabitahmily, who bad been deep-
ly wounded by w t had already taken place owl
the subject. He t ught the House ought to ask
111;
themselves the ques on—Do we in our consci.
ences believe that Captain Lake knew the island
was uninhabited ? •As for his own pert, he verily
believed he did not; and he was astonished at the
declaration of an Hon. and Learned Gentleman
opposite (Mr. Stephen), fur whose sentiments he
had generally felt a respect, and partieUlarly for
sonic which he had lately delivered—[alluding me
believe to his Speech on the conduct of the Bench.
era of Lincoln's-Inn], whereby he had assured the
House, that he had sailed very near to the island,
and from the mere look of it, if he were on a
Grand Jury, would find a Bill; and if on a
Petty Jury, would give a verdict of Guilty against
Capt. Lake, on an indictment for murder. Snob
a doctrine was almost as bad as any thing Captain
Lake had done, and was whit he could nut hate
supposed would have fallen from that Learned
Gentleman. The House ought, however, -*M.
uusly to consider whether Capt. Lake knew it:tq.
be desolate. Did he (Mr. Sheridan) think isms'
capable of such an action, he should shrink with
horror (ruin saying a word in his behalf; bet' he
had some information in his hand which had been
collected by the friends of Captain Like, which
induced him to believe that he did not. know
it was uninhabited. It appeared by thin that
many of the Officers of the ship did nut
think it uninhabited—if they had, he (Mr. She-
ridan) verily believed neither they tier the sea-
men would have obeyed Captain Lake's orders to
leave him there. Ile was glad to hear the Right
Honourable the Chancellor of the Exchequer say,
" this charge should not •be lightly passed over."
it certainly ought nut to be passed over lightly,
and every means should be used to akcertaitt the
truth as to the man's having been taken to Ante-
, rice. He knew that every possible exertion had
been made, and was making, by the afflicted and
respectable family of Captain Lake, to ascertain 1
whether he hail been taken off by an American
vessel, and if be was still living ; and he doubted
nut but intelligence would, by one means or
other, be obtained to clear up these facts. Ile
did not mean to • utter a "word that might convey
the most distant idea that he meant to justify
or excuse the leaving a British seaman on any
Island ; but though he had the highest res.
pect for the Officers of the British Navy, Le
firmly believed it was not without a precedent,
that where there' had been a refractory subject on
board some of his Majesty's ships, there have
been Captains who have left a man un an island
that was inhabited. lie was, however; of opi.
. (lion that further inquiry should be made
into the business, and thought the Report of a
Committee would be the best way ; he thought
they should at the same time exanikse into, and
report on 'the conduct of Admiral Cochrane, who
certainly never could have imagined Capt. Lake
, capable of setting a titan on shore, and leaving
him in a desolate island. This must have been the
Admiral's opinion,• or ho would have brought
Captain Lake to an immediate Court Martial in
the West Indies. He thought the investigation
by a Committee would be mere satisfactory to an
afflicted amid respectable family, to the officers and
ship's crew, more fur the credit of Captain Like
himself, more for tlu credit and character of the
House of Commons, and mute satisfactory to the
,üblic at large than any other, and should, there.
V, Stlpport the min of ther-Wosthy Baronet.

Admiral HARVEY said he could not but re-
probate the cuudntt of Captain EAU At the
same time justice and •humanity required him to
state to the House that the-island of Sombrero was
a rock, and that water must lodge, and be build
in many of the cavities; also that the eggs of birds
were to be had in such abundance, that no Mau
k need to perish for want of food and water.
Calitain BERESFOHD disclaimed all idea of
excusing the conduct of Captain Lake, whom he
did nut even know ; butite thought it his duty to
state to the House that ho had been stationed off
the island of Sombrero throe years, and had been
near it for seven years, and !se thought it hardly
possible fur i-man to remain' there /I hours. If
he waved his hat every morning, he must be 0b..,
served. He did out know whether the island was
actually inhabited, but it isio daily mailed to by
fishermen. •
The ATTORNEY GENERAL said he did not
think there was any occasion for inquiry by cithir
of the modes proposed;
Mr, CURW EN said, he could not agrue with
the gee. and Learned Omit, who bad just sat
down. He professed the greatest respect for the
opiolook of the two non, oMcers who had so
httely spoken, al to the nature and Weapon of•
the island ; but If he' was i !layman, he should
oo the crideope qo had,rclif; as given 4t the ctset•