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papnel passing on the road, but was not acquainted with him. She confirmed her brother's evidence in e. very particular.

TRIAL OF Pei, A CAPTURED NEJames Fordyce, formerly smith at

GRO, FOR MURDER. Long Hermiston, said, that on Saturday morning, the 27th of March, Sierra Leone. (From the Royal Ga. he saw the pannel at Kier-bill toll

zelte of July 24.) bar, who said he was a master shoemaker from Lanark, and was travel. Pei, a captured and liberated neling to Edinburgh, and that he had gro, was indicted for the murder of a bottle of whisky, and a pistol in his Zongobia, another captured negro, breeches pocket, but does not know at Charlotte-town, in this colony, on if it was loaded.

the 5th of January last, by severing William Kennedy, sheriff-officer, his head from his body with a sharp Linlithgowshire, said that he was em- instrument made of a piece of ironployed to search for a brass box, hoop. which he found in a field about a Previously to the commencement hundred yards from Hopetoun-wood of this trial, much difficulty was extoll-bar. Being shown a brass box, perienced in procuring adequate he said it was the same he found in means of interpretation between the the field, and which was formerly Court and the prisoner: and at length, sworn to by Henry Duncan and his when a person was found capable of sister.

conversing with the prisoner in his own The declaration of the pannel was language, a second interpreter was then read, which closed the evidence required to render the bad English for the Crown. In his declaration of this first interpreter intelligible; the pannel admitted having commit. but, at the best, the interpretation ted the robbery, and that, although altogether was very insufficient and he had a pistol in his hand, it had no unsatisfactory. prining in it.

The first object of the interpretaThe Lord Advocate on the part tion was, to inform the prisoner of of the Crown, and Mr Cullen as his arraignment and to instruct him counsel for the prisoner, mutually how to plead; which being accomdeclined addressing the jury, as the plished, an endeavour was made to proof was so clear and conclusive: apprise him of his right to challenge and the Lord Justice-Clerk having the jurors, and of the proper mode summed up the evidence, the Jury, of exercising that right; but upon without retiring from the box, una- the first option of challenge being nimously found the pannel Guilty of put to him, in swearing the foreman the crimes of hamesucken and rob- of the jury, an answer was returned, bery libelled.

which threw the whole Court into an Before pronouncing the awful sen. involuntary burst of laughter, at the tence of the law, the Lord Justice. same time that it produced a strong Clerk addressed the pannel in a and universal sensation of horror. most earnest and impressive manner, When the prisoner was told to look and warned him to prepare for death, upon that man, and say if he liked to as he could not entertain the smallest be tried by him, the answer as interhope of mercy.

preted, given in a tone of astonisk. ment by the English interpreter, was, while Mr Kearney, the nearest ma“ He say, he like him too much; gistrate, was sent for. if he catch him, he eat him."

John Ouseley Kearney, Esq., a The particulars of this horrid trans- Magistrate, was resident at Bathurst. action, as detailed in evidence, were town. In the month of January last, as follow:

he was sent for by Mr Ashford, to Hyena, an inferior overseer of inquire into the particulars of the captured Negroes at Charlotte-town, horrid transaction now before the employed to superintend the decea. Court. The bag, containing the sed and his countrymen, because he mutilated remains already described, could speak their language, having was shown to him. Quia Pei, upon missed the deceased (Zongobia) at whom it was found, confessed the ration time, reported his absence to act, and alleged that the prisoner his superior, Mr Ashford, who or. Pei first suggested it to him, saying, dered him to cause search to be made the deceased was fat, and good to in the bush. Shortly after leaving eat. Both together seized the opporMr Ashford, he saw a man coming tunity of surprising the deceased as out of the bush with a canvas bag, he was stooping down in the brook which he attempted to shift away, searching for crabs. The prisoner as if to put it out of sight. He im. caught the arms of the deceased be. mediately questioned the man, whom hind his back, and held him while he found to be one Quia Pei, of Zon. Quia Pei threw him over : he struggobia's nation, and insisted on see- gled hard. They were obliged first to ing the bag and its contents. The cut off his hand, and afterwards they man reluctantly opened the bag, cut off his head: they then proceeded which he said contained some meat. to the horrid process of cooking and On inspection, he discovered several eating the flesh, and in this abominapieces of human fesh. The man ble repast it was understood that o. was immediately secured, and Mr thers also assisted. This statement Ashford was sent for ; Quia Pei died was given freely and voluntarily by in prison while awaiting his trial. Quia Pei, the man who had since

William Ashford, principal native died in prison : the prisoner Pei alsuperintendant at Charlotte-town, so confessed, but slowly and relucstated, that on being informed by tantly, and not till the other repeatthe last witness that Zongobia was edly accused him, and remonstrat. missed, he had given orders to searched with him on the inutility of defor him. Shortly after he was in. nial. Mr Kearney caused them to formed of the detention of Quia Pei, conduct him to the place where the and came to the place where he saw dreadful deed was perpetrated, and the bay and its contents. There was to show where the further remains part of a human hand, with the thumb, were to be found. He saw the place a piece of the shoulder, and lower where the fire had been made, and the part of the neck, and some of the in- bones that had been left, some of testines. Quia Pei, he understood, them bearing the marks of such peravowed the killing of the man Zon- severing voracity, that a thigh-bone gobia, and implicated the prisoner bad been broken for the purpose of Pei as his accomplice in the act. extracting the marrow. The head, Quia Pei and the prisoner Pei were with the tongue and upper part of kept in close custody for the night, the neck had been left entire and

buried. He caused them to be taken killed, he denied having given any up: the face was recognised as Zon- such suggestion, or having had any gobia’s. The reason given for the part in such conversation or design. distinction with respect to the head He knew, however, that Quia Pei, and its contents was, that eating any and the others of his country, had part of the head was supposed to held such talk on board the ship in cause 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. rious for this practice, for which they Cockeye was a captured negro, of were 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 there was any quarrel or any enmi. Quia Pei belonged : he resided at ty towards the deceased, he was told Charlotte-town, and generally was there was not; and upon some ex. employed to look after and interpret pression of surprise that so great an for these people: he had interpreted atrocity 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. render 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.

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, alhe was near the place, with his knife though caught with such irresistible 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 his 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.

H

He saw

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 bimself, while implicated him, was of no avail, un. they might have another effect, eless confirmed by the interpreters qually inconsistent with justice, by through whom it was derived ; and enabling him, if he possessed suffinow 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 compart of the prisoner. . On the con- prehended in the questions so put, trary, the prisoner always denied, as and to frame his answers accordinghe does now, having had any share ly; so as to explain away what might in the transaction, or any knowledge already have seemed established aof it, until it was completed. In this gainst him. there was no confession on the part It became necessary, however, a. of the prisoner, por any acquies- gain to refer to the prisoner, in orence in any facts connected with the der to enable him to understand and crime that could materially affect explain the circumstances which aphim. There was no other evidence, peared still to bear against him, and nor any fact or circumstance, con: in 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 to been disclosed, which, if well au- partake ; but he refused, saying, it thenticated, might 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 coun. 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 what 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 prisonor supposed were afterwards employed 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 baving 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 to knew of such conversation being held sum up the evidence. A most barbetween 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, iions to the prisoner, the effect of in the undeniable proofs of a practice which was before beld scarcely re- the prisoner, with respect to the fore. concileable to human possibility. He man of the jury, when apprised of owned his first impression, on hear his right of challenge,-an expression ing this horrid transaction, in a way which filled the Court at once with that compelled him to believe the an involuntary burst of laughter, sucfact, was, despair of effecting any ceeded immediately by a more apmoral improvement, or of making propriate sensation of horror. Doubis 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 in 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 io 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 overseer, 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 convicperseverance in the present exer- tion against Quia Pei, that denial tions, till those who are now so ab- could scarcely have been of any a. ject should be made in all things e- vail; he therefore, it appeared, conqual to ourselves. In order fairly fessed the act freely to the superin. to 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 est Magistrate, and who came the

er.

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