American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1823-11-07
From The Franklin Gaxette.
PHILADELPHIA, Oct. %, 49,;
INTERESTING TRIAL

VI lchnsyWahia, al presrn, su;r
IN this city, Judge Washington presiding, n, u,4
tfacted mai OF Joseph Haskell and Charles Fr"S
Soa", on an Indictment for piracy, was yes,,,da.
Drought TO a conclusion. The TRIAL was perur,.ll
interesting II excited universal attention. ana
attended by extraordinary circumstances. VIVA
give as TAR and lucid report OF the case a. nm
porunitles and humble abilities permit, br;s,;I-
that nothing at this time could be more accrn,as'
10 our readers. Sp"U'
On thursday, the sixteenth instant, ;nyv ~.
empannelled to pass upon the case C. ]. ina,
SOIL Esq District Attorney, prosecuted in b,hst.
the United States. Bloomfield, NJ Tiraine and l.
sem 'titraine, Esqures, appeared as coun,.l n,
the prisoners.
The Indictment contained four separate cb,,o.,
each oil which is made piracy by the act Of cono,,,
and punishable with death |, making r.yo, ~
board the schooner Tattler; Q. running awsv u;I
the vessel with piratical intent; 5 LAYING viola,
hands on the commander to prevent his 6pb,in, 4
defence OF his vessel; 4 voluntarily yisldiny H.
vessel 10 pirate. The facts as they spreap,d
evidence, were briefly these About the middl. :,
September, the schooner Tatter, captain (;arlspJ
oil Salem, Massachusetts, sailed from Batimo,s
bound TO the former place Mr. Babcock The mai.
the prisoners, black boy named Peter, ,srvn
to the captain, and one John Smith, who had b,s,I
shipped in Baltimore, composed her crew. OnMl
night after she left the Chesapeake, and when Sm1
and the mate had the watch on deck the CANAAN
who had shortly before retired to bed, was ron,,
by the shuHling OF feet overhead and. upon hi, AZ
rival on deck ound the mate in The aponies fd,al
from wound in The body He looked ali around
but no one appeared While STOPPING 10 rerg
the unfortunate man, he found himself aAs,uIe
from behind, and received three wounds from a IoD
spanish knle, IN close succession, in his breast an
side. Tuning suddenly around he perceive
smith IN the act OF repeating the blow and will
extraordinary resolution seized him by the arm be
fore he could accomplish il. violent struggled
now ensued, which ended 10 their both falling OF
he deck, with the knife, which Smith had lost from
his r. asp, between them. The captain seized tht
knife and threw i, overheard. During all this time
no one was on deck but themselves The prisoners
with Peter the boy, being, as far could he discov
erred, asleep in the forecastle. The captains ir
impulse was to call the hands, which he did and h
had scarcely returned from the iorecase step,
where he went tor the purpose, when the three ap
peared. Smith was meanwhile deliberately pacing
the DECK, and the moment the prisoners arrived, th
captain ordered them to seize Smith and comm
him below, assigning as reason that he had mur
dered the mate, and desperately wounded him.
Either from the impulse of terror or from som'
other less excusabe motive, they omitted to obey
Haskell went silently TO the helm and Franswav
as is supposed, concealed himself in the orecaslt
Smith next armed himself with an iron bolt whN
he drew from the pump, and again approaching Ih
Captain, threatened TO beat out his brains, u h
should dare to issue another order, and did nclln
santly retire to the cabin at the same time he or
dered askell 10 go forward, and take IN the lore
sail. The captain, on the contrary, commando
him to remain at the helm, but upon repetition
the threat from Smith the captain went below an
Haskell advanced 10 the foresail. While IN theca
bin, the captain, with the assistance oil his boy e
ter, prepared and primed a musket, which vas ior
tunatcly there, and gallanty returned 10 the DIT
with resolution TO regain his vessel or perish
the attempt. The first thing he saw was hs pr
soners and Smith engaged With the sail which lhs
left on his appearance, and all three approachsdW
place where he stood. Taking deliberate ain
Smith, he fired, when they turned about, ana Ho
wing around by the bow. again Gaze towards ~
on the opposite side he crossed 10 meet themNO
his musket dubbed. Haskell passed quietly v
and resumed his place a; the helm, while omO
was welcomed with violent blow on The head
second desperate encounter enSued between
captain and Smith, without any interference on
part Of either the prisoners or the boy. Bya%
5ular eSertion Of strength, the captain succevu'
n overcoming his antagonist, and throwing ..
leadlong into the sea, to Use no more. AnaHsmE
vas made, in this part of the case, to prove W
10Y, who was an inactive spectator oil inc s''.'
hat Franswaw laid his hands on The captain ogl~
he closing conflict with view to disable nun tH
;xertion, and to assist Smith. 1t, however ~"
Entirely, and with it that count in the Indc'"s"
which charged laying of violent HANDS on o''s.
ain. Franswaw was certainly cloae oy the 'V",
'atants at the line but tbete was no reason = ',
leve that he assisted either. 1t appeared lu''"'
hat the prisoners took no active part 10 NC Wv"
less, with the single exception OF lowering lac a%
hat they used no offensive language; had 10 w" wi;
IONS whatever had no verbal communicate s'
ath, and that the moment Smith was conqSt','
hey became perfectly obedicnt, although ,0' ."r
aims exhaustion from loss OF blood placed h"ss
'letey in their power; trey were, on inc 'o"I .j
exceedingly attentive to all his wants assoc"
,leat kindness 10 dress his wounds So, .'nc,t
TOD cio Icfl and