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-uried. He caused them to be taken killed, he denied having given any
p: the face was recognised as Zon- such suggestion, or having had any obia's. The reason given for the part in such conversation or design. listinction with respect to the head He knew, however, that Quia Pei, nd its contents was, that eating any and the others of his country, had art of the head was supposed to held such talk on board the ship in ause madness in the countryof these which they came, and that they had Cannibals. They were called the formed a design accordingly, for fuManni, or Maniani, and were noto. ture execution. ious for this practice, for which they Cockeye was a captured negro, of vere despised by all their neighbours. a nation bordering on the country of On Mr Kearney's asking whether the nation to which the prisoner and here was any quarrel or any enmi. Quia Pei belonged : he resided at y towards the deceased, he was told Charlotte-town, and generally was here was not ; and upon some exemployed to look after and interpret pression of surprise that so great an for these people: he had interpreted itrocity should be perpetrated with at the examination before Mr Kearout any provocation or motive, it ney. Quia Pei, who had been caught was thought sufficient to explain it with the bag, on being told by the by the same motives which induced witness to tell all to master, and so Mr Kearney to kill a fat sheep. Quia avoid palaver (trouble,) did dePei said, the cause of his having clare all that had been related conbeen sold as a slave was, that he had cerning himself and the prisoner, and killed and eaten so many men as to urged the prisoner also to con reoder him formidable to the king of fess; but the prisoner had not conhis country and to the head men, fessed any part in the transaction, who made a palaver for him, and had but always firmly denied having any him condemned and sold.
share in it, or any knowledge of it, Philip Bragger was present at the until after the murder was perpetraexamination and search. He saw ted. the same facts, and had the same un. The Chief Justice remarked, " that derstanding as Mr Kearney as to the the Court was placed in a very deconfessions.
licate and difficult situation, having The substance of Mr Kearney's heard, as evidence against the pritestimony was interpreted to the pri- soner, a great deal of matter that soner, and he was asked whether he could not properly be admitted as wished to put any questions. He such, if further confirmation of what did not ask any question, but denied was called the prisoner's confession having participated in the murder in had not been expected. The conany way: he had never confessed it: fession of the deceased, Quia Pei, al
he was near the place, with his knife though caught with such irresistible 55 and pot, and was called by the o. proofs upon him, did not appear to
thers after the man was killed. In have been obtained wholly without reference to the charge of holding the inducement of beneficial results the hands of Zongobia behind his to himself from making it. His imback, he asked whether a person of plication of the prisoner at the bar bis own slight frame was capable of was not evidence to convict the prisuch an exertion? With reference to soner, unless assented to by the prithe charge of having pointed out soner, or corroborated by other tesZongobia as a fat man and fit to be timony, or by facts or circumstances. VOL. XII. PART II.
What had been stated by Mr Kear- which would be contrary to the geney, and by Philip Bragger, of the nius and principles of British justice acquiescence of the prisoner in that if they tended to extort evidence in part of Quia Pei's confessions which jurious to the prisoner himself, wbike implicated him, was of no avail, un- they might have another effect, less confirmed by the interpreters qually inconsistent with justice, by through whom it was derived ; and enabling him, if he possessed sub. now the principal interpreter (Cock- cient acuteness, as there was some eye,) denies that he ever meant to reason to think he did, to discern the convey any such acquiescence on the material bearings of the points com part of the prisoner. On the con- prehended in the questions 80 put, trary, the prisoner always denied, as and to frame his answers according he does now, having had any share ly; so as to explain away what might in the transaction, or any knowledge already have seemed established of it, until it was completed. In this gainst him. there was no confession on the part It became necessary, however, tof the prisoner, nor any acquies- gain to refer to the prisoner, in or ence in any facts connected with the der to enable him to understand and crime that could materially affect explain the circumstances which him. There was no other evidence, peared still to bear against him, and nor any fact or circumstance, conin particular the share which he necting him with the horrid business. seemed to admit that he had in the (Here the Chief Justice asked the latter part of the dreadful business, witnesses again if any such fact or The prisoner's answer, or rather circumstance had been discovered, statement, on this head, was, that and it was repeated that nothing of when the man was killed, and they the kind had been found.) One or were proceeding to devour his body, two circumstances seemed to have they called him and invited him 13 been disclosed, which, if well au- partake ; but he refused, saying, i thenticated, miglit be sufficient to was thought fatal in his country to connect the prisoner with the act- eat human flesh, and that those who such as his having had previous con- did so became inevitably mad. He versation with the deceased, Quia Pei, was not a native of Quia Pei's com the object of which was the killing try, but of a country bordering on it of the deceased, and his having been "After this further denial of whs near the spot, and, according to one was supposed to have been admitted, of his seeming admissions, with a pot the Court thought it not right to put and a knife, which it was understood any further questions to the prison or supposed were afterwards em- er. ployed in dissecting the body and No farther evidence was produced cooking the horrid feast; but one of on the part of the prosecution. these apparent admissions, that of The prisoner having declared conversation, having the murder in through the interpreter, that he had view, was already explained away; nothing to say, and the prisoner said that he merely The Chief Justice proceeded knew of such conversation being held sum up the evidence. A most bar between the deceased, Quia Pei, and barous murder had been committed, his countrymen. There was no ex- accompanied with circumstances the planation to be had, except by ques- most humiliating to human nature, tions to the prisoner, the effect of in the undeniable proofs of a practice
which was before held scarcely re. the prisoner, with respect to the fore. conciléable to human possibility. He man of the jury, when apprised of owned his first impression, on hear his right of challenge,-an expression ng this horrid transaction, in a way which filled the Court at once with hat compelled him to believe the an involuntary burst of laughter, sucact, was, despair of effecting any ceeded immediately by a more apmoral improvement, or of making propriate sensation of horror. Doubts any progress in civilization, upon were entertained, whether in fact the minds so lost and sunk in the lowest prisoner had at all uttered that exextreme of savage debasement; but, pression, which might have been, not upon more mature reflection, he saw improbably, interposed by one of the n it only a more striking instance of interpreters; and therefore the jury the depravity of human nature, when would keep it altogether out of their abandoned to itself, and destitute of thoughts. The prisoner, it appearsocial culture, and of religious in- ed, was implicated in the charge of struction. This reflection was the having participated in the murder by more impressive, because it was mat- one Quia Pei, since dead; who had ter of undeniable record in history, been caught with the mangled fragthat the ancestors of the most civi- ments of a human body upon him lized nations of Europe, even of Bri. concealed in a bag, shortly after the tons themselves, now the foremost in disappearance of the unfortunate every social affection, as well as in all man upon whom the murder had been moral virtue and of pure religion, were perpetrated, named Zongobia. Quia in the general habit of offering hu. Pei, when observed and interrogated man victims to their monstrous con- by the native overscer, Hyena, at ceptions of the Supreme Being. In- first attempted to conceal the bag, stead, therefore, of deserting as hope. and then said simply, the contents less and disgusting the design of re- were pieces of meat ; it was, howscuing these rude savages from the ever, ascertained immediately by the depths of barbarism in which they thumb, and by other distinctive were sunk, this remembrance ought marks, that the whole was human to fill us at once with humility and flesh. This discovery furnished proof with confidence, and to incite to a so nearly amounting to full convic. perseverance in the present exer- tion against Quia Pei, that denial tions, till those who are now so ab- could scarcely have been of any aject should be made in all things e- vail; he therefore, it appeared, conqual to ourselves. In order fairly fessed the act freely to the superinto discharge their duty in determi- tendent, Mr Ashford, who first exaning according to the evidence, whe- mined him. There might have been ther the prisoner at the bar was guil. some inducement in the words of the ty or not guilty of the murder, it interpreter, desiring him to confess would be incumbent on the jury to in order to avoid palaver, which he dismiss from their minds all extrane- might have understood either as, ous impressions, arising naturally, “to save time and trouble,” or as and almost necessarily, from the " to secure himself from mischief.” common relations of the horrid trans. The confession, however, appeared action, and from the conversation re
to have been made without reserve, specting it. They should exclude as well to Ashford as to Mr Kearfrom their minds all foreign matters, ney, who was called in as the neareven to the expression uttered by esi Magistrate, and who came the
ensuing morning to put the business corroboration. It was understood, in train of legal investigation. In or rather supposed, that the prisonthis investigation by Mr Kearney, er had assented in the examinations Quia Pei avowed himself the princi- before Mr Kearney; although it was pal perpetrator of the murder, but admitted that such supposed assent charged the prisoner with having was given tardily and reluctantly
, suggested it to him, and with having and after many urgent instances and pointed out the deceased, Zongobia, representations of the inutility of de as a fit object for such a design ; he nial on the part of Quia Pei. Bu also charged the prisoner with having this assent the prisoner denied, and participated with him in the perpe- denied also having had any concen tration of the murder, by holding the in the murder. In the particular ishands of Zongobia behind his back, quiries directed to obtain a correc while he, Quia Pei, threw him over, knowledge upon tbis point, it wa and proceeded to disable him by cutfound, that one of the interpreters ting off his hand; after which he cut through whom the examination was his throat also, and severed his head managed was detained in the coufrom his body. Quia Pei showed to try by sickness; but the other, the Mr Kearney the place where the African interpreter, was in Court, murder was perpetrated, and where and was the same who was then itthe head was buried, which was re- terpreting between the Court and the cognised as bearing the features of prisoner. This interpreter, Cockeye, Zongobia. The reason given for was examined as to his having con sparing the head in the horrid vora. veyed, or having been authorised to city exercised on the body, was a be- convey, any assent on the part of the lief in Quia Pei's nation, that to eat prisoner to the charges made agains: the human head, or any part of it, him by Quia Pei, of having suggestcaused madness. The bones of the ed and participated in the murder. body were found in a shocking con. He answered, that he did not condition, bare, and some of them bro- vey any such assent, neither was be ken. Quia Pei is the leading pere authorised to do so: on the contrary, son in all those discoveries, and he the prisoner had then, as well as Dox alone appeared to have carried off constantly denied all participation is the mangled fragments; for it did the transaction and all knowledge of not appear that any had been found it, till after it was perpetrated. Here, upon any other.
Quia Pei was, then, was an end of the prisoner's therefore, in every respect, the lead. confession ; for if the first interpreing actor in the atrocious deed, and ter, through whom alone it could was proved to be so by undeniable come to the others, had neither gicircumstances, as well as by his own ven it, nor been authorised to give it, confession. That confession impli- it was of no consequence how strongcated the prisoner at the bar, as ha- ly the impression might bave been ving suggested the design originally, made, nor upon how many; it was and as having also assisted in the but misconception more widely and execution of it; but that confession more strongly diffused. After this was not evidence to convict the pri. derangement of the train of evidence, soner, unless confirmed by the assent which, it was understood, was to lead of the prisoner himself, or by the to the conviction of the prisoner, the testimony of other witnesses, or by Court felt considerable embarrassconcurring facts, or circumstances of ment. There was not any collateral
corroborative evidence, nor any ground of a persuasion in his coun. atter of fact, nor circumstance af. try that eating human Aesh would cting the prisoner. To put ques. cause madness, his country being ons to bim with a view to inform not the country of Quia Pei, where e Court, would have the effect of human flesh is eaten, but bordering ducing him to give answers tend- upon it. Thus, unless it is supposed g to criminate himself, which was that the prisoner had sufficient cunontrary to the spirit and principles ning, under all the difficulties of very
British justice; or, if he was imperfect interpretation, through two ufficiently artful, to frame answers successive stages, to collect the bearor the purpose, he would thus de- ings of the points of evidence on rive the Court of the little mat. which the Court particularly dwelt, er of evidence already in its pos- so as to frame his statements and ession, or destroy its effect. The allegations in the manner best cal. matter of evidence of which the culated to save himself, and with Court seemed to be previously in this view to retract ultimately what possession, consisted of a supposed he was understood to have freely assent on the part of the prisoner to admitted at first, there was no evihis having held previous communi- dence against the prisoner beyond cation with Quia Pei, on the design the accusation of the chief perpeafterwards executed, of putting Zon- trator, which was not supported and gobia to death ; and of an admission confirmed by other testimony. It of being at the time near the spot would be for the Jury to consider where the murder was perpetrated, whether the circumstances of prewith a pot and a knife, and of having vious communication and subsegone subsequently to the spot when quent presence near the spot at called. If the Court and the Jury the time when the murder was percould be satisfied of the fact of this petrated, and junction with the previous communication and concert perpetrator or perpetrators, upon in the design on the part of the pri. being called, had been at first freesoner, and of his subsequent pre- ly admitted, and afterwards artfully sence near the place where the mur. retracted by the prisoner. If those der was perpetrated, so as to be with. facts were established, the succesin call, and to have joined on being sive train and concert marked in called, the concurrence would be them would connect the prisoner sufficient to establish the prisoner's sufficiently with the act; but consiguilt. But it was found necessary to dering the way in which any knowrefer again to the prisoner in respect ledge that might have been had of to these points, and his answers con: these matters was obtained, it would veyed a distinct denial of his having probably appear too slight a foundaheld any communication respecting tion for pronouncing the prisoner the murderous design, previous to guilty. the perpetration of the murder; as The Jury retired, and after an ab. also of having in any way partici- sence of about half an hour, return. pated in the act, or having known ed their
verdict-Guilty of assisting. of it, till after it was perpetrated,
The Chief Justice informed them when he was called by the perpe- that this verdict could not be receitrator or perpetrators, and invited ved. The indictment charged the prito join in the horrid feast, which soner, not as assisting, but as the ac. he says he refused on the express tual perpetrator of the murder, and