« AnteriorContinuar »
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 persoas 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 ihe 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 fellow. hatch,” &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 came down in firing and of the conduct of the convicts 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 was 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, boutnine 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, (exscuttle, and cried out, “ You d-damined 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 Cap. you; we'll fire amongst you and scat- tain replied, “ Fire away." The firter 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 ihat 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, uniess he confessed. saw any person attempt to get up.
By the Court. There were only Re-examined by the Attorney-Ge. two or three up when he went to neral.— The story he told to the Cap. bed; but he admitted that, in his de- tain was not true. He told it to save positions before the Magistrates, he his life. Collins, (another convict,) had sworn there were twenty con- who had been called into the cabin, victs up at that time.
was in it when witness entered. The John Ryan, examined by the At- Doctor and the Captain asked him torney-General.-Was a convict on to say all he knew about it, but he board the Chapman, and remember said that he was as ignorant of any ed the 17th of April. There had thing about a mutiny as the child un. been no noise or disturbance of any born. The Doctor said, “ I'll make kind among the prisoners before the you know : you shall be flogged first firing commenced.
and shot after.” The Captain then Cross-examined by Mr Alley.- came, and importuned him to tell Witness was examined in the cabin what he knew, adding, that he would a few days after the 17th. On that save his life by confessing as Collins occasion he acknowledged that Mor- did; that he would be sent home, rison, M.Laughlin, Peter Allen, and and should have a great deal of mo. some others, were the ringleaders ney, He then confessed all that of the mutiny, and that the object Collins told him, but it was not true. was to murder the Captain and crew, He told the same thing to Mr Campand to take the ship. He also said bell, but he was then a prisoner. on that occasion, that the reason why To a question by the Court, he the 17th was fixed upon was, that they answered, that he was not in irons, would then be near the Line, and of but could walk about along with the course nearer to the coast of Ameri. sailors. ca. The whole of the crew were to William Lea examined by Mr be murdered, with the exception of Gaselee.--He remembered the night one sailor, who was to be kept as long of the firing : it lasted about two as there was any use for him, and hours and a half. He was brought then to be thrown overboard. A on deck the next morning, put on his hundred of the convicts were to be knees along with others, and was kept with irons on, in order to de- told, that as he was the greatest rasceive any King's ship which might cal he should die first. He was then board them. Frank Murphy (one of asked whether he had a cap to pull the witnesses) was to be doctor, over his eyes. He said no, and one Morrison to be captain, and Peter of the sergeants pulled his shirt over Allen (another witness) was to be his head. He was then informed chief mate. The plan was, (as he that he had but ten minutes to live, said then,) that a feint attack was to and desired to confess. He told them be made on one part of the ship, the he had nothing to say, but was ready better to cover the real one, which to die, and they might fire away as was to be made on another part. He soon as they liked. Hewas asked whetold all this at the time, merely to ther he would take his oath that he had save his life. He told the same story not been sworn as to the mutiny. He when he arrived in harbour to Mr said he did not wish to be sworn, as Campbell, the Secretary to the Go. he was going to die. The Doctor vernor ; but when he got on shore then said that they (the soldiers) he denied it all, because it was not might fire away as soon as they pleatrue.
sed. He was after that taken up by the Doctor and ordered to be flog- the matter, but received no answer. ged; but he was not flogged. He was He then heard some of the soldiers tied to a rope and thrown astern, and say, that the convicts were forcing towed after the ship for some time. the bulk-head. Soon after this he He was ducked nine or ten times. heard the firing. It was towards the This was by the Doctor's order. sick.bay. He heard no orders given When he was taken on board he was to fire, and could not say whether it not able to speak or hear. He was was commenced by the soldiers or frequently afterwards punished, and sailors. The firing lasted about a was kept chained to the poop for quarter of an hour. He did not see fourteen weeks, until they were any of the convicts until after the within a few days' sail of New South firing had ceased. He then saw some Wales. On one occasion, he made of them come round under the main some confessions to the Doctor; but hatchway, and heard them cry out be did so to save his life, and what for mercy, and say it was their own he said was not true. He only an- fault for beginning it. During the swered yes or no to the questions put firing he did
not see any of the three by the Doctor,
prisoners at the bar. Cross-examined by the Common Cross-examined by Mr Alley.Sergeant. He used sometimes to When the convicts begged for merwork for the armourer, but never cy, and said it was their own fault, took any tools from him. He was mercy was shewn to them. There put in irons the day before the fire was a number of persons dressed, ing, and was afterwards told that it and walking about ; they did not apwas in consequence of his having pear as if they had been in bed. been accused as one of the ringlead. There was a great noise, as of a vio
lent rush. He remembered the inExamined by the Court.-When spection of the irons on the 12th. he was asked by the Doctor who was The rivets of many of them had been to be armourer of the ship, he said that filed off, and some rope-yarn stuffed he was. When asked, where the ship into the place of them. By this means was to be taken, he said to America. they thought to pass muster, and He had said before that no person when they got down they could eahad told him any thing of the mutiny, sily shake their irons off. About sixty and that he only answered yes or no of them were found with their irons to the questions of the Doctor. He off one morning. They frequently now said that his memory was bad, broke them after their being repairand he could not recollect positively. ed. On the day after the firing, he
Thomas Turner, a soldier of the found the bar under the scuttle had guard on board the Chapman, re- been bent, which must have been done membered the night of the 17th of from below. If those bars had been April, as he was on duty from six to removed, the convicts could have eight o'clock. He got orders to fire come on deck four at a time. There if the prisoners should attempt to was such confusion on deck, that the come up. He got no orders on that soldiers did not know for some time night different from those he received whether the ship was their own, or on other occasions. He heard a noise in possession of the convicts. in the prisons below, as if a rush was By the Court.-The lock and the made fore and aft. He called down hinge of the door of the partition to the convicts, to know what was were broken; not as if struck by a
bullet, but by force of another kind. teen, was indicted under Lord ElDuring the confusion, he heard some lenborough's act, for feloniously and person in the prison say, that if the maliciously stabbing and cutting convicts could get the upper hand, George Gibbs, with intent to murder they would give no quarter.
or do him some grievous bodily harm, Richard Vickary was a soldier on on the 15th instant, at the parish of board the Chapman. The prisoner, Storrington, in the county of Sussex. Lieutenant Bustead, was his com- George Gibbs, a youth about sixmander. On the night of the 17th teen, the unfortunate victim of the of April, the sick-bay door was bro. prisoner's ferocity, appeared in the ken open, and he heard a rush. All box, dreadfully emaciated, and still the soldiers were ordered to arms, labouring under the effects of the and to muster on the quarter-deck outrage which he had suffered, (his In about five minutes after, the fire wounds being yet green,) and gave ing commenced ; and during the fire the following statement :–His faing, Bustead was the only one of the ther was park.keeper to Lord de la prisoners he saw.
Zouch, who lived at Parham-park. Cross-examined. — There was a In the evening of the 15th of March, rush aft and a head at the same time. about eight o'clock, his father sent The soldiers all thought their lives him with a message to the Crown were in danger; and if the convicts public-house, a short distance from had got possession of the ship, none Parham, when he met the prisoner, of the crew would have been left a. near the end of his father's garden. live.
The prisoner had a stick over his The evidence having proceeded shoulder, and although the night was thus far, Mr Justice Best addressed rather dark, he could see him by the the jury, observing, that the Learn. light of a lantern which he carried in ed Counsel, on the part of the pro. his hand. The prisoner was then secution, at the suggestion of him- alone, but appeared to have parted self and his learned brother, had re- from another young man, named frained from calling any more wit. Duke. When the prisoner approachnesses until the opinion of the gentle- ed him, he was about to wish him men of the jury had been known. It good night, when the former struck was the opinion of the Bench, that him over the head and face with the the provocation in this case given by stick which he carried. He was nearthe convicts completely justified the ly stunned by the blow, which being rigorous measures taken to quell this repeated, he was knocked down, and insurrection.
from the violence of the blow the The jury immediately acquitted stick was broken. The witness imall the prisoners, and they were con- mediately cried out—“Oh! Jemmy sequently discharged.
Gibbs, don't murder me;" and begged for mercy. The prisoner then
went round him, and immediately CUTTING AND MAIMING. pulling out a pocket knife, cut him Sussex Assises, Horsham, Thursday, twice under the chin ; but his sangui
March 25. Crown Side. — Before nary design having failed by these Mr Justice Bailey.
means, he stabbed him behind the
right ear with the same weapon. James Gibbs, a youth of prepos. Witness struggled to get from him, sessing appearance, aged about eigh- and in doing so, disarmed him of the