« AnteriorContinuar »
was a marine on board the ship. Af his messmate, John M'Ardle, dead ter having sailed from St Jago, on in his birth. He appeared to have the night of the 17th of April, a been killed by a bullet fired from contest took place. He was not cer- some piece. The ball entered at the tain of the day, as he was not allow. bottom of his stomach, and remain.. ed to keep a log-book. Any con. ed in his body. He believed the shot vict with writing in his possession, he which killed this man had come from said, was immediately brought upon the soldiers' apartment. deck and put to death. On the 17th Cross-examined by Mr Commonof April, several of the irons of the Sergeant.-He never was in any gaol convicts were broken, and witness's before the larceny for which he had among the rest. On this day there been transported.
He knew a man was a great contest ; and on the 27th of the name of Crawley, a sailor on or 28th of April following, another board the Chapman, who was put in firing took place. The greater part irons for giving instruments to the of the convicts were confined between convicts to break their irons. Witdecks. Before the firing commenced ness himself broke his middle iron on the 27th of April, he was in his with a broom stick, and he saw seven birth, close to the deck on the star- or eight other convicts with their board side, when he heard Baxter irons broken. Witness broke his (one of the officers of the ship) say irons before he arrived at St Jago, to Clements, “ Are you there?? and before the 17th of April he had Clements said, “ I am.” Baxter then a new iron put on. He swore that said, “ Raise a false alarm, and we before the 27th of April there were will kill every bly one of them.” not one hundred and twenty convicts Clements said, “ We will; but it is with their irons broken. He recol. too soon yet. Wait till the gentle lected a lever, and a piece of tin in men go to bed, and then we will have the shape of a knife, being found in more time." Baxter replied, “ It is the birth of himself and his messmate. a very good time now; the gentle. He was flogged for this offence, and men are all in their cabins ; and when received double punishment for you begin, don't be commanded by speaking Latin to the Doctor. The Captain, Doctor, or Officers, and I'll Doctor said, “ You are a good schobe accountable.” He then heard a lar, but a d-d rascal, and shall resound, which he supposed to be the ceive double punishment for it.” drawing of a ramrod. Witness lay The convicts made pieces of tin into in his birth, under the starboard fore- knives to cut their meat, not being scuttle. He heard Clements 'use allowed knives. There was a Bible some expression about the Irish, and in the convict prison, but he never said, “ I will let go.” He then put heard any oath administered. Dr the muzzle of his gun down the Dewar and Michael Collins had said, scuttle, and fired his piece. The that oaths had been taken by the firing then became general, and it convicts to be true to themselves, lasted nearly an hour and a half. and to take the ship. Collins was a Witness continued in his birth all the convict himself. There was a convict time, and never left it. Some time also of the name of Francis Murphy. after the firing had ceased, Baxter, Witness never heard Murphy say accompanied with soldiers, came a- that it was his intention to murder mong the convicts, and he there saw all the crew. Baxter, the officer, died on the voyage home. After witness's brother, Bryan Kelly, also the firing of the 17th he never saw received a mortal wound. any attempt to force the prison door. Cross-examined. When on board The door was perforated in many the ship, he never saw anyone sworn places, and he supposed one of the to murder the crew or to do any thing bullets must have hit one of th in- else. ges, as next morning he saw the door Examined by the Bench.-Withanging on one hinge.
ness slept in the upper birth, and Examined by the Bench.-He was Terence Kiernan slept under him designed by his father for the Church in the lower birth. There were two of Rome. The Bible found was not tiers of births in the ship. Witness, his property, but that of a Mr Mac. although he lay so near the deck, Coster. The muzzles of the mus. heard no conversation between Baxkets were fixed between the gratings ter and Clements. of the hatchway. He did not see Michael Wood, also a convict, Clement fire down into the prison, was on board the Chapman. On the and only imagined he had done so night of the 27th of April, he was in by what he had said. To the best his birth, and heard Clements ask of his belief there were about twenty what noise there was below? A conirons found broken. The soldiers vict of the name of Murray said, had frequently ill used the convicts, that there was no noise. Clements and witness had refused to go on repeated twice that he would let go, deck to get his allowance of wine in and then fired his musket. The consequence of it. Until the 17th firing then commenced from the of April the convicts had nothing to fore, after, and main hatchways. It complain of. Witness lay in a birth lasted for more than an hour. There
a next to the deck.
were six wounded in this affair of Thomas Kelly was next called, the 28th of April. The chain cable and stated that he was also a convict was so placed as to prevent persons on board the Chapman in March below from coming on deck. The 1817. On the 27th of April, about anchor was placed on the scuttle. 8 o'clock at night, he lay in the up- Cross-examined. - He heard no per birth of the starboard fore-scut. conversation on deck. He heard tle. While in this situation he heard no threat among the convicts to Clements ask who was that talking throw the soldiery overboard, nor Irish below? One of the convicts did he see any locks picked. He answered that there was no one talk- saw no convict with his irons broken. ing Irish. Clements then said, “ If Dr Dewar had the irons taken off ayou do not keep quiet, I will let go.” bout thirty-five convicts because they He immediately fired his musket. were poorly. He never said to Witness saw the flash, but not the Jesse Warburton that there was a muzzle, of the gun. Witness had conspiracy among the convicts to been wounded in the contest of the seize the ship, murder the officers 17th of April. The general firing and crew, and carry the vessel to commenced a minute or two after America. the first gùn was fired, and continu- John Brown, one of the marines ed for about two hours. The con- on board the Chapman, was placed victs cried out for mercy, John on guard on the 28th April. He M'Ardle was killed in his birth, and was in the cabin when the firing coms
menced. He heard a rushing down that the day after the ship left St below. He came out, and heard it Jago, it was their intention to take said that the convicts had got upon the ship, had not the Northumberdeck. It was quite dark, and he heard land seventy-four gun-ship hove in a great noise. He heard no orders sight. It was intended (Collins addgiven by Capt. Drake. The firing ed) to throw the sentinels down the continued about ten minutes. After hatchway, to fasten the officers down the firing had ceased, he saw Cap- in the cabin, and to seize the arms. tain Drake on the quarter-deck. Between the nights of the 17th and
Cross-examined.—The soldiers, 28th of April several gun-flints and and himself
among them, slept upon locks had been taken from the guns their arms for six
weeks, for fear of of the sentinels, and ten rounds of being murdered by the prisoners. cartridges were abstracted. Collins As soon as the ship had passed St also said that a feint attack was inJago, all the crew thought their lives tended to be made, and the main in danger. It was the intention of body was to follow and take the ship. the convicts to take the ship, and This closed the evidence for the murder all the crew. After the fir- prosecution. ing on the 28th, witness went down Mr Justice Park said, that as no into the prison anong the convicts evidence had been adduced affecting with Mr Baxter, and one of the con- Captain Drake, he should not call victs addressing Baxter said, “ You upon him for his defence. may thank Corporal Brown (witness) The Attorney-General suggested, for being present, or we would whether it would not be proper, with blanket you;" and witness under respect to Clements, to ask the opistood this expression as an intima- nion of the jury whether the story tion that they would smother him. told against him was believed.
George Cook was another marine Mr. Justice Best.-Which of the on board the Chapman. On the stories do you mean, Mr Attorney, night of the 28th of April, the first for they all contradict each other? thing he heard was a report of a mus- The jury declared theiropinion, that ket. The firing lasted for almost there was no occasion to put either ten minutes. He did not know by of the prisoners upon
their defence, whose orders the firing commenced, and they were consequently acquitted. and did not see Captain Drake till after the firing was over.
Cross-examined. He believed if the firing had not commenced, the CHARGE OF MURDER ON BOARD ship would have been taken, and the
Convict Ship. crew murdered. He heard the con“ Fire away, fire away ;
Admiralty Sessions, Tuesday, your ammunition will soon be gone,
January 12. and we will take the ship.” He heard a rush of the convicts in a John Drake, Alexander Dewar, body against the prison-door, and it and Christopher Bustead, were inwas forced off the hinges. They dicted for the wilful murder of had then only to break through the Daniel M.Cormick, on board the bulk-head to get possession of the convict ship Chapman, on the 17th magazine of arms and ammunition of April 1817, being then on the Collins, one of the convicts, stated, High Scas.
Sir Christopher Robinson stated the morning earlier than usual. Witthe case to the jury at considerable ness heard him say to the convicts
, length, but we will not follow him in “ You brought it upon yourselves." the detail, nor do we think it neces- Cross-examined by the Common sary to go minutely into the evi. Sergeant.–Did not hear the convicts dence, it being nearly the same as confess that they had brought it that given in the preceding trial, upon themselves. They made no the case having grown out of similar answer to the charge of having circumstances, though not applying brought it upon themselves. He to the same individuals. The prison- always heard the convicts say they er Drake, the Captain, was, as our were innocent. He persisted in readers will observe, acquitted of the saying that there was no rush of murder of M'Ardle. Mr Dewar was the prisoners before the firing comthe surgeon of the Chapman ; and menced. There was none near the Mr Bustead was the officer who como part where he was; and if there had manded the troops on board. been any, he must have heard it.
Patrick Smith was a prisoner on In the morning, he saw the door of board the Chapman in April 1817. the bulk-head somewhat damaged, There were about 200 persons on but that was caused by the firing. board altogether. He remembered One ball had struck the box into the 17th of April. He was in bed which the bolt shot, and broke it; about 9 o'clock on the night of that and two others struck the hinge, so day, and was alarmed by the report that the door fell open. He never of a gun; after that he had heard heard that the guard was turned up several more : it appeared as if pro- twice on the night of the 12th, five ceeding down the main hatch. 'He days before the present transaction. heard the soldiers run over the deck, He knew Hoyle, one of the convicts, and the cry was raised of “ Mind and heard him complain of having the fore hatch," " Mind the main been severely used by his fellowhatch," &c., and then the firing con- prisoners. This was before the 17th. tinued very briskly for nearly two He did not hear him say that this hours. He did not remember any ill usage was caused by his having particular remarks made at the time refused to take an oath. He heard by the soldiers, but about the close the convicts charged with adminisof it he heard the prisoner, Captain tering oaths to each other, but he Drake, give orders to cease firing. knew of no such oaths. He heard not the least noise among By the Court.--He never heard the prisoners before the firing com- of any disturbance before the 17th. menced. He was not amongst the He knew that several of the convicts prisoners ; being allowed to act as had got off their irons. There were surgeon's mate, he was permitted to less that 80 in that situation. There sleep in the sick-bay. After the were some men punished before the
. firing had nearly ceased, he heard 17th, but he did not recollect that the convicts cry out, “ Mercy,” it was for breaking their irons. “ Mercy,” several times. He heard John Fagan examined by Mr nothing but moans after that for the Gaselee.- Was a convict on board night. In the morning, he saw Mac- the Chapman, and was in the habit cormick with two other persons of occasionally assisting the Doctor brought in ; M.Cormick was dead. in the hospital. His account of the The prisoner Dewar camu down in firing and of the conduct of the con
victs was nearly similar to that given He was then asked, whether he did by the last witness.
not know that a plan had been laid In his cross-examination, he said, to take the ship, and murder the he did not know of any misconduct crew. He never said to several peron the part of the convicts. About sons on that occasion, “ It was God's five days before the 17th he heard truth, that it the intention of the an alarm on deck, and a shot fired, convicts to murder the officers and but could not say what was the guard.” He was certain he never cause.
said any thing like it to any body. Francis Murphy examined by Mr He never went round for the pur, Reynolds.-Witness was a convicton pose of administering an oath, and board the Chapman, on the 17th of never saw or heard of one being adApril. There was a muster of the pri- ministered. On the 16th, there was soners that morning, but it was not a muster for examining the irons. to examine their irons. He went to There were only six or seven persons bed about seven o'clock. Not many of with their irons filed off. He did not the convicts then remained up. A. hear Captain Drake say, • Soldiers, bout nine he heard a running on deck, cease firing, and we shall see wheand soon after that a firing down the ther we cannot make them quiet by main hatchway, Baxter, the third going below.” mate, thrust a cutlass down the Peter Allen, a man of colour, (ex. scuttle, and cried out, “ You d-d amined by Sir C. Robinson,) was alconvicted villains, are you coming on so a convict on board the Chapman. deck ? but we are ready for you.” He remembered the 17th of April. Witness heard Lieutenant Bustead On the night of that day he heard say, “Fire away;" and Captain Drake one of the soldiers call out to Capsaid, “ You d-d convicted villains, tain Drake that there were some men we shall soon be between decks with at the hatchway; to which the Capyou; we'll fire amongst you and scat- tain replied, “ Fire away." The fir. ier you." The convicts cried out ing then commenced, and continued for mercy several times. There had till he was wounded. After that he been no noise among them more than could not tell what passed, having usual, on the early part of that night. been rendered speechless and insen
Cross-examined by Mr Alley.- sible by the shot. There had been He had been in three gaols in Ire. no previous disturbance among the land, and was bred up in the victual. prisoners. The next morning he was ling line, but was never a doctor. He called upon deck by Captain Drake, did not know that he was to be doc. and told to confess who were the tor when the ship was taken and the ringleaders of the mutiny, but he crew murdered. `Dr Dewar charged said he knew nothing of it. He was him with such an intention, but it was then told to prepare for death, but not the case. He never confessed was afterwards sent below. to any person that he was to be doc- Cross-examined by the Common tor, or that the guard and crew were Sergeant.--He had heard of the guard to be murdered. He was called being called up a few evenings beupon deck the day after the firing, fore the 17th. There was a row, placed upon his knees, and a blun. which he heard was caused by some derbuss presented to his head by of the convicts attempting to get on Baxter, who told him he would blow deck by the cable scuttle. He never his brains out, unless he confessed. saw any person attempt to get up.