« AnteriorContinuar »
You may think that wrong, but that Mr Carlile, in his defence, pursued is only a difference of opinion.” a course similar to that which he had (Here there was a laugh in Court.) adopted on his former trial, for the A man might argue in this manner publication of Paine's Age of Reaupon murder, and the indulgence of son ; attempting to justify, till interodious passions ; and this was the rupted by the foreman of the jury, reasoning of the defendant. Good who declared, that “ they were unaGod! and was a man to reckon himself nimously of opinion that Mr Carlile persecuted who was called in ques. was pursuing a very improper line tion for such a crime as he had been of defence;" and resting his claim to describing ? He was not to be deter. an acquittal on his construction of red from declaring these to be his the act of the 53d of the King, ensentiments by the apprehension that titled, “ An Act to relieve from cer. they would be called the cant of one tain penalties persons who conscienwho was an enemy to a free press. tiously disbelieved the doctrine of Irreligion and sedition bad, indeed, the Trinity.” After this the Lord a cant, and pretended to support Chief Justice summed up, and the what they were calculated and in- Jury having consulted about two tended to destroy. Did the defend- minutes, returned a verdict of Guilty. ant think that the press sanctified what was polluted? The gentlemen of the jury were the conservators of the liberty of the press :
" And if," On the 16th day of November, Mr said the learned counsel, “ I have in. Carlile, who had been convicted of vaded it, you will stand up as its pro- a blasphemous libel at the last Nisi tectors. I call upon you to protect Prius sittings in the city of London, the press against the attempts of was brought up to receive judgthose who render it odious by abuse, ment. Mr Denman made a motion by reviling religion, until every good in arrest of judgment, which was man begins to think, that the bene. unsuccessful, and Mr Carlile spoke fits issuing from the liberty of the in mitigation of punishment. Mr press are more than counterbalan. Justice Bailey, after an impressive ced by the vice and immorality with address to the defendant, awarded which the nation is deluged.” the sentence of the Court as follows :
He called upon the jury to give a “ The sentence of the Court upon patient hearing to all that the law you, Richard Carlile, is, that for the would allow the defendant to state first offence of which you have been in his defence; and having done so, found guilty, the publication of he was confident, that they, by their Paine's Age of Reason, you pay a verdict of condemnation, would con- fine to the King of L.1000, and be tribute to stem that torrent of inf. imprisoned for two years in the coundelity which had threatened to carry ty jail of Dorset, in the town of Doraway all our institutions, all our laws, chester ; and that for the second, and with them all our happiness. the publication of Palmer's Princi
The sale of the publication in ples of Nature, you pay a further question being proved, the indict. fine to the King of L.500, and be ment was read by the desire of the further imprisoned for one year in Lord Chief Justice, and some pas. the said jail of Dorchester : And sages were read at the special request that you be further imprisoned unof the defendant.
til those fines are paid, and also until you give sécurity, yourself in the of the peace and good behaviour for sum of L.1000, and two others in the term of your natural life.” the sum of L.100 each, that you be
CHARGE OF MURDER ON BOARD A numerous, and forty soldiers. For Convict Ship.
the first three weeks after the de.
parture of the vessel nothing partiAdmiralty Sessions, Monday, cular occurred; but on the 17th of January 11.
April, a melancholy conflict occurred
between the commander of the vesJames Clements and John Drake sel and the convicts, under the supwere put to the bar, and arraigned position of an insurrection on the for the wilful murder of John Mų part of the convicts, and the conseArdle, on the 28th of April 1817, off quence was the loss of many lives. St Jago, on board a convict ship call. This occurrence was not yet made ed the Chapman, on the High Seas, the subject of a separate indictment. The prisoners both pleaded Not guilty. The principal transaction was that of
Sir Christopher Robinson, the the 28th of April, and to this the King's Advocate, opened the case evidence would be chiefly directed. to the Jury. He observed, that no The leading testimony against the subject of greater difficulty than the prisoner was that of the convicts, present case could be presented be. (who for this purpose had received fore any Court; the question now the King's pardon), confirmed, how. to be decided being, whether the ever, as they probably would be, in prisoners at the bar had not gone the most material circumstances, by much beyond the power entrusted the soldiers, against whose evidence to them. The prisoner John Drake the same suspicion would not exist. was Captain of the convict-ship Chap- The Attorney-General, Mr Gaseman, on board which the murder was lee, and Mr Reynolds, were also committed ; and it was but fair to counsel for the prosecution. The state, with regard to him, that this first witness called was case had undergone some kind of Terence Kiernan.-He stated, that investigation at Botany Bay. In in March 1817, he was shipped on consequence of an application to a board a vessel called the Chapman, Supreme Tribunal, the Captain had in the Cove of Cork. Several other been allowed to go on bail; and he convicts besides himself were shiphad this day surrendered himself to ped for Botany Bay, on board the the laws of his country. The ship Chapman. There were about two Chapman sailed from Cork on the hundred convicts in all. The prison14th of March 1817, with about two er at the bar, John Drake, was Caphundred convicts, a crew nearly as tain of the Chapman, and Clements was a marine on board the ship. Af. his messmate, John MóArdle, 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 remained 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 bl-dy 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, lusted 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 the hin- 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 hiin 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 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 a. you 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 gun 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 commenced. 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 iheir 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 fire prosecution. ing on the 28th, witness went down Mf Justice Park said, that as no into the prison aniong 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 their opinion, 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 A ship would have been taken, and the
Convict SHIP. crew murdered. He heard the convicts say, “ 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 Déwar, 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 Seas,