Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-11-07

went for the purpose, when the three APP
peared
Smith was meanwhile deliberately pacing
the deck, and the moment the prisoners ar
rived, the captain ordered them TO seize SmitI,
and con6ne him below, assigning asa reason
that he had murdered the mate, and despe-
rately wounded him. Either from the impulse
or terror, or from some other less eXcusabe
motive, they omitted Ia obey Haskell went
silently Ia the helm, and Franswaw, as is sup
posed, concealed himself in the forecastle.
smith next armed himself with an iron bolt.
| which he drew from the pump, aud again APP
preaching the captain, threatened TO beat out
his brains, if he should dare Ia issue another
order, and did not instantly retire 10 the ca
b'n AT the same time he ordered Haskell to
go forward, and take in the foresail The
captain, on The contrary, commanded him TO
remain at The helm, but upon repetition of
me threat from Smith, the captain went be-
low, and Haskell advanced 10 the foresaiL-
While in the cabin, the captain, with the assis-
lance of his boy Peter, prepared and primed
amnsket, which was fortunately there, and
gailaDily returned 10 the deck with resolu-
ION To regain his vessel or perish in the at
tempt. Thegtirst thing he saw was the pri-
soneTs and Smith engaged with the sail which
they left upon his appearance, and all three
| approached the place where he stood. TAX
ing deliberate aim at Smith, he fired, when
they turned about, and moving round by tn e
bow. again came towards him on the opDO-
site side he crossed to meet them with his
musket clubhed Haskell passed uuietly by.
and resumed his place AT the helm, while
smith WAS welcomed with II violent blow on
the head. second desperate encounter Gu
sued between the captain and Smith without
any interference on the part of either the pri-
s"ners mr. the boy. By Il singular exertion of
strength, the captain succeeded in overcom-
| ing ms antagonist, and throwing him hpadlonU
I'M" me sea, To rise no more. An attempt was
made, IN this part of the ease, TO prove Inv the
! hoy' whnwas an active spectator of the scene,
that franswaw laid his hands on the captain
during the closing conflict, with view to
disable him from eXertinn and To assist Smith.
! III, however, failed entirely, and with il that
count IN the indictment, which charged a Law
! ing at vlUrn hands on the captain Frans-
waw was certainly close nv the combatants
| at the time, hut there was no reason To hrlieve
! that he assisted either. Ii appeared further,
NAT The prisoners took no active part in the
business, with the single exception of lower
| ing The sail that they used no offensive Ian
guhgr; had no weapons whatever; had no
verbal communication with Smith, and that
me moment Smith WAS conquered, they be
came perfectly Obrdient, although the cap
talns exhaustion from loss Of blod placed
"lm completely in their power; they were
an the contrary, exceedingly attentive To all
his wants assisted with great kindness To
dress his wounds voluntarily hoisled the sig
nal ni distress and, in short, did nothing
| which indicated = consciousness of guilt. or
J dread of punishment.
! ltappcared also that when Haskell first
went I" The helm, the captain ordered him 10
place IT ina particular situation but that he
1 'lu MOI obey. rom these facts ard some
DINER insulated ones, which we have not room
To detail, an inference was drawn on fh.. Part
al the prosecution, that the prisoners were
raElI"d with Smith for the preparation ur the
murder, ard that they aided and ahettrd
mrs subsequent acts of piracy and insubor
dinhilon.---Smlih vas described bv cap
tain Garland, in the course of his evidence.
as remarkably powerful and muscular
man and II appeared from some CONVEX
saiion prior to the Transaction, that he had
lately returned from the Spanish Main, where,
IN all probability, he served regular appren-
! tlceship TO the art Of piracy. Perhaps he NAV
have belonged to one of those gangs I'm the
nrighb0urhOOd of Key West. " hicb tI,, gal
ianiry of our navy has lately Dispersed and
hndIng that service uncomfortable, and bar
rem of all rewards but an ignOmininus death
ne had transferred his talents Ia a more pro-
missing and ii less pPrilolls scene The dpcrn-
Ken IS Salem man, near fifty years Of age.
and nncommonly slender, with copi0us indi
cations of hard service upon his whole frame.
! franswaw ~ a native OF the Isle of France.
and about % years old.
Inc evidence having closed about three ~
clock, the court adjourned until ten o'clock ON
FRIDAY morning, when the district attorney
commenced his argument in support of the
prosecution, The counsel for the prisoners
followed at full length, on both law and facts
and were replied TO by The district attorney.
| AZ four O'Clock his honour Judge Washington
delivered his charge to the jury, intimaiing 4
decided opinion that the prisoners shond ha
COM lcird ON the first count Oflhe indictment,
a"d leaving the other counts To the jury, fo
he governed by the evidence eight
O'Clock the same evening the jury returned a
verdict ni guilty on the first count. Before
the verdict was recorded, the counsel for the
prisoners expressed an apprehension that one
point ~ The charge Of the court had been
misunderstood by the jury and entered infn
an explanation, which WIS objected tO by the
disirct attorney, but allowed by the court
One 81 the jurors then expressed his dissent
from the verdict which had been given. he
l'rving- rs he said, that the prisoners cooduc
had arisen from fear The court reroandee
The jury, and adjourned until the following
m"rnlng. AT eleven o'clock the next morn
! ing the Jury again came IN, and again deliver
ed y verdict of guilty.
Ihe counsel for The prisoners, having hoard
tlai one OF the jurors had become insane sine,
the last adjournment, required that the Jury h,
p"ll"d: upon which the individual alluded {,
exhibited liy his answer, such decided PROC
Z OF mental arrangement, that the court refused
To record The verdict. The district attorne-
now suggested that the iy,eanifv or tho ;,.,,