Imágenes de página
PDF
ePub
[blocks in formation]

Jones, G.

Irving, J.

Innes, P.

Kenrick, W. Kingston, J. Knatchbull, sir E. Kynaston, P. J. Lascelles, hon. E. Lascelles,, hon. H. Leigh, J. H.

Prendergast, M.

Pricer, sir C.

Price, Rd.

Pulteney, rt. hon. sir J.

Rainier, J S.

Richardson, W.

Robinson, hon. F.
Rochfort, G. H.
Rose, right hon. G.
Rose, G. H.
Russell, M.
Ryder, right hon. R.
Salusbury, sir R. T.
Scott, C.

Scott, right hon. sir W.
Seymour, lord R.
Shaw, sir Jas.
Sheldon, R.

Leigh, R. H.

Lethbridge,'T'. B.

[blocks in formation]

Simeon, J.

[blocks in formation]

Longfield, M.

Smith, Jos.

Lovaine, lord

[blocks in formation]

Simson, G. Singleton, M.

Smith, T. A.
Sneyd, N.
Somerset, lord A. J. H.
Somerset, lord C. H.
Staniforth, J.
Stephen, J.
Stevens, Sam.
Steward, G. T.
Stewart, hon. C. W.
Stewart, sir Jas.
Sterling, sir W.

Strahan, A.
Strutt, J. H.
Stuart, W. J. H.
Sturges Bourne, W.
Sumner, G. H.
Sutton, C. M.
Swan, H.
Sykes, sir M. M.
Taylor, W.
Thellusson, G. W.
Thompson, sir T. B.
Thornton, Robt.
'Thornton, S.
Thynne, lord G.
Thynne, lord J.
Townshend, hon. C. F. P.
Turner, J. F.
Vanderheyden, D.
Vaughan, hon. J.
Vaughan, sir R. W.
Villiers, rt. hon. J. C.,
Vyse, R. W. H.
Wallace, right hon. T.
Ward, Rt.
Wedderburne, sir D.
Welby, Wm. earl
Wemyss, Wm.

Wharton, Rd.

Wilberforce, W.

Williams, R. J.

[ocr errors]

Dupre, I.

HOUSE OF COMMONS.

Tuesday, April 3.

[CAPTAIN WARWICK LAKE AND ROBERT JEFFERY.] Sir Francis Burdett rose to submit to the House the motion of which he had given notice relative to the conduct of captain Lake and the proceedings in his case. Upon the perusal of the papers relative to this subject, he found so many and so important considerations arising out of them, that he thought the best way would be to move for a committee to examine the whole of them, and to report what further proceeding, if any, ought to be had. In his opinion, a subject of more importance could not be brought under the consideration of parlia ment. The extraordinary circumstances of the case the consideration that the aggrieved individual was an English seaman-one of a class of persons entitled to the peculiar protection of that Houseall these circumstances concurred to point oat the transaction as deserving of the most serious attention. He did not mean to enter upon the subject at any length at present. The facts themselves were stronger than any language in his power to use could represent them. It was not his wish to aggravate any thing in this extraordinary case by high colouring, to withdraw the attention from the plain justice of the case, or to excite any other feelings than would naturally arise from the bare contemplation of the facts. This was a salutary principle in our criminal jurisprudence to which he would willingly conform.

[blocks in formation]

were hurt." His first object, then, was to | ascertain, whether the government knew any thing of the circumstance, conceiving, that the safety of the seaman, as well as the character of the government and of the country, were at stake; and he still thought, that, notwithstanding all that had been done, some further proceeding was necessary, and it was under that impression, that he was induced to submit to the consideration of the House the motion with which he meant to conclude.

stances. All the things induced him (sir F.) to think, that the appointment of a Committee to examine the whole of the papers would be the best mode of proceeding.

Many curious circumstances had come out before the Court Martial, but upon the whole, he rather thought that the man must have perished upon the island. But whether he had or had not, the moral guilt of this, he believed unexampled act of oppression, was the same. One circumstance worthy of observation however, was, that the principal witnesses produced before the Court Martial, Spencer and Hobson, could hardly, upon their own evidence, be considered as less than accomplices in the act. What he had, in the first instance, intended to propose was, an Address to his Majesty, that he would be graciously pleased to order captain Lake to be prosecuted for murder, by the Attorney General. But, as a grand jury might have hesitated to find a bill, when no remains of the man were found, and while there was some doubt as to his death, he thought the House would hardly be disposed to direct a prosecution in a case where a bill would not be found. However, he would be relieved from this difficulty by the plan which he now proposed.

It appeared by the evidence that this man had taken, or, as the witnesses said, stolen, some spruce-beer, which act was set up as the justification of this atrocious proceeding. To him, however, it seemed, that there was some ground to believe that it sprung from another source, that there was a conspiracy to get rid of the man.

The first paper amongst those laid before the House, was a letter from Mr. Morgan Thomas, who had been purser of his Majesty's sloop Demarara, and who stated that he had discoveries to make of frauds which had been committed in the West Indies. To his intention to make these discoveries, he ascribed bis being prevented from coming home. He had, he said, "resigned his warrant into the hands of sir Alexander Cochrane, upon condition of being discharged from the service altogether. The admiral superseded him, but ordered that he should be detained, being impressed with the idea that it was possible he might have defrauded government." Even this was a circumstance deserving of inquiry; and he thought Mr. Thomas ought to have been sent for home, that he might give evidence as to the matters alleged in his letter. Mr. Thomas asserted that capt, Simpson, late of the Star, had made a false muster, and signed bills on government before they were due, thereby to enable a master to desert from his Majesty's service. This was another circumstance which called for investigation. Mr. Thomas also stated, that sir A. Cochrane being The hon. baronet then read several exapplied to for a court-martial on captain tracts from the master's (Spencer's eviSimpson, refused to grant the wished for dence, and called the attention of the inquiry. This likewise was matter for in- House particularly to the circumstance, vestigation. The letter then went on to that, when the vessel was near the island state the circumstance of the landing Jef- of Sombrero, and the master had replied fery, the seaman, on the island of Som- to a question of captain Lake, that there brero. Now, this letter stated names and were two thieves on board, without nam<facts. One of the facts had been proved, ing any of them, captain Lake had said, and there was every reason to give credit "send up Jeffery," and when the man to the rest. Mr. Thomas had also stated, came up, had told him, that he would not that he had requested to be sent home, in keep such a fellow on board his ship. It order to have the alleged suspicion of his appeared from another part of Spencer's -having defrauded government, decided evidence, that he (Spencer) had often said upon but that he had been buoyed up to captain Lake, that it would be a very with promises, though since his applica- good thing if they could get him (Jeffery) tion, two vessels had been sent express for out of the ship: that flogging would do England, while he was detained as super-him no good.' "From these circumstances, numerary for victuals only, and saw no hopes of a speedy alteration in his circum

[ocr errors]

the hon. baronet deduced the suspicion that there was a conspiracy to get off

Jeffery in this way. But even if Jeffery had been guilty of a higher crime than stealing spruce-beer; if he had committed a much more serious robbery, or even murder, captain Lake was not justified in proceeding as he had done. It did not appear in evidence that the island was inhabited; on the contrary, the inference to be deduced from the whole of the evidence was, that it was not inhabited. There were no houses seen upon it, no traces which could be presumed to indicate the residence of human beings. Be sides, in order clearly to shew that they themselves were impressed with the idea, that Jeffery must perish, the hon. baronet adverted to the circumstance, that they robbed the man of his clothes and money, and supplied him neither with food nor water, thinking that as the man must at last necessarily perish, these things would be of no use to him.

The next part of this horrible case, to which he felt it necessary to direct the attention of the House, was the curious and ineffectual but imperfect search which had been made two months afterwards for the body upon the island. And he could not but condemn in strong terms the indifference displayed on the occasion by sir A. Cochrane, who thought an admonition sufficient punishment in so aggravated and singular a proceeding, and who had sent back to search for the man the very persons, who had been concerned in landing him on a desolate island. The search too was so unsatisfactory that no individual who could exercise his reason, could look upon it as any palliation of the original offence in the exposure. He then adverted to the letter of sir A. Cochrane, who stated that it had been reported in an American paper that the man was alive. Was it not matter of serious surprize that one in sir A. Cochrane's high situation should have allowed the matter to rest with a bare admonition? He trusted the House would not allow this wanton act of cruelty and oppression to rest upon such an issue. He remarked, that the nearest inhabited island was at the distance of about 30 miles. Nothing, therefore, could be more shocking than to see the indifference with which this transaction had been regarded. But whatever might be the opinion of the gallant admiral, he was sure, that that House and the people of this country, would not be satisfied; their justice would require something more in such a case than a bare reprimand, they

would not think it sufficient barely to inform a person who had violated every principle of justice and humanity, if this fact could be established against him, that he had done wrong.

But the testimony of those, who had been sent to search the island, was likewise attended with very singular circumstances. It would be seen by the evidence that the persons, employed to make this search, took with them the materials for enjoying the diversion of shooting the birds upon the island. Mr. Spencer had stated, that they found part of the trowsers of the unfortunate man while, they were occupied in the amusement of shooting. Nothing could appear more shocking to him, than this inclination to diversion in those who were sent upon one of the most solemn inquiries in which it was possible to be engaged; that at a moment when they. were to ascertain the life or death of one human being, and perhaps, to decide upon the life or death of another, they should be so little impressed with the dreadful duty in which they were occupied, as to turn it into a party of pleasure, and divide their time between searching for the body and shooting at wild birds. It was also extremely important, that all the persons concerned in this search should have been called; or, if any selection was to be made, he was sure that, those who had concurred in the act of exposing this man, should have been the last objects of that selection. Was it not an extraordinary circumstance, then, that the others, who went in search of him, should not have been called? and that the only person, beside Mr. Spencer, who was called on the trial, should not have been examined, to the facts to which Mr. Spencer was examined, for the purpose of determining how far his evidence was true or false? Why was not a boat's crew landed to prosecute the search? The statement, that no traces of the man were found, rested on Spencer's evidence alone, It was remarkable too that not a single question had been put on this point to Hobson, the only other person with Spencer at the time of the search, that was examined before the Court Martial.

It was material also to bear in mind, that it appeared by the evidence of Spencer, that the distance of Anegada from Sombrero was seven or eight leagues; yet that was the island which admiral Cochrane had represented as so near and convenient. It appeared however, that

the man was landed for having stolen spruce-beer. He likewise owned that he had marked him down in the ship's books as having deserted; it was of his own accord he did so; and that about six weeks before the trial, capt. Lake had said, that he should have marked him as discharged at Sombrero. He thought at the time the island was inhabited by French fishermen. He had heard capt. Lake, at a subsequent period, after hearing that it was not inhabited, at Barbadoes declare, that he would rather have given 20,000l. than that it should have happened. With respect to the fate of Jeffery, he had heard from Mr. Windsor, who had heard from capt. Crofton, that he had seen an account of his escape in an American paper, and attempted in vain to procure a copy of it for captain Lake.

captain Lake might have taken the man off, Hobson, who had said that he understood the next day if he had been disposed; and though, it had been insinuated as an excuse, that captain Lake was insane or in liquor at the time; that excuse could hardly have served for his neglect next day. Jeffery, it seemed, had stolen some rum before, for which offence he had been flogged; the only other offence was that of taking the spruce beer, which must have been considered as the ground of this extraordinary, punishment by cruel exposure on a desolate island. One of the witnesses, on being questioned as to the grounds, upon which he concluded that the man was safe, had stated, that be had heard, from one who had heard from another, that an account appeared in one of the American papers, stating, that he was taken away by a vessel which touched at the island. So that it was the hearsay of a hearsay; and, after all, the only foundation of the hearsay was the statement of an American paper. This defence was absurd-but supposing that such a thing had been stated in the American papers, the proof was very questionable. It was well known that our own papers were apt to kill and to bring to life without much foundation; and that gentlemen had sometimes the happiness of finding their friends alive whom they had been led to consider as dead.

Spencer, too, had owned, that he had often told capt. Lake, that Jeffery was a man of very bad character, and ought to be got out of the ship. He did not think that Sombrero was a desolate island, nor did he think the captain thought so when they landed Jeffery. On going there again, however, they found neither houses, nor fresh water, nor any marks of habitation. The hon. bart. here adverted to Mr. J. Elvy's examination, who stated, that he saw Jeffery go into the boat; he believed his offence was broaching a cask of spruce-beer; a patch was affixed to his coat with the word "thief." He did not know at the time whether the island was inhabited or not, but considered it a cruel act. No ship or boat was in sight at the time when Jeffery was put on shore. Francisco Vala, one of the seamen who had landed Jeffery on the island, stated, that when the unfortunate man was landed, lieutenant Mould, and others of the boat's crew, climbed the rocks to see whether it was inhabited, and on their return said, that it was not.

The next evidence was that of James

But to return to the evidence of Mr. Spencer, he again adverted to that part in which he confessed that he had often complained to capt. Lake of Jeffery, and observed, that it would be well to get him out of the ship; from this advice, coupled with the act of that unfortunate man's exposure, he inferred, that there was a conspiracy between Spencer and capt. Lake against him, and contended that it would have been more merciful, if they had thrown him into the sea. Thomas Jenkins, John Pearson, and Joseph Mott, concurred in saying, that the people seemed all to consider the island as uninhabited, and agreed, that it was an act of great cruelty and injustice. It was impossible, he (sir F. Burdett) contended, that any one would think the island was inhabited; and quoted, in support of his assertion, Brookes and other gazetteers, all of which described it as barren and desolate. It appeared in evidence, that the crew murmured at his treatment; every one who had given an opinion upon the act, had stigmatized it as cruel. It appeared also from the evidence of Jenkins, a serjeant of marines, that when the crew said that Jeffery would be starved to death, Spencer came up, and said, "You be d-d," which the witness understood to mean, "that the man would do very well;" which the hon. baronet observed was a curious construction of the words. But, if captain Lake was sincere when he said, that he would give 20,000l. rather than have exposed the man, he should, at least, have spent a part of it in forwarding inquiries. in America respecting his fate. it had

been said, that capt. Lake was not sober, but no state of mind could excuse an act of ́such flagrant cruelty. With respect to the defence made before the court-martial, it was as unsatisfactory as the evidence was conclusive against him. Capt. Lake seemed inclined enough to commiserate his own situation, notwithstanding what he had shewn of his commiseration in the case of the unfortunate Jeffery. He had complained of having never seen his accuser before; but that, so far from being an objection, was a presumption that no malice could exist in the mind of the accuser. It was, therefore, rather favourable than otherwise. He had denied the motives attributed to him, declaring that he only meant to put the man in jeopardy; he believed the island to have been inhabited at the time, and was certain that he had not placed him beyond the reach of human assistance; the place of his concealment, he owned, was not discovered, but he had no doubt that he had escaped. The word concealment, he (sir F. Burdett) thought a strange one. There was no reason for concealment on the part of the injured. It was strange, he contended, that such an act as capt. Lake had committed, should be punished only with admonition and dismissal from the service. All the world, he believed, must agree, that he was guilty; seeing that there was no evidence but such as might be said to have been chosen by the accused himself, seeing the strength of that evidence, and then comparing it with the vague supposition of the victim having escaped to America, he did not think it was possible to come to a contrary conclusion.-He felt himself in a painful situation; for he could not mention, with approbation, any of those concerned in any way with the matter, whether as perpetrators, as witnesses, or as investigators, of the fact. The court-martial had not adopted that strictness of scrutiny, which it was their duty to have pursued, they had not pushed home many important questions, essential to be answered. If the body of Jeffery had been found, the murder was plain; but, *if not, the inference was not so easy, that the murder was not committed. There appeared, in his opinion, an unwillingness in the court-martial to press important questions, and a desire merely to take off the edge of public indignation. He then remarked how singular it was, if captain Lake had been apt to be insane or drunk, that he should have been entrusted with a

VOL. XVI.

higher command. Perhaps this might be excused by saying, that the admiralty at home was not acquainted with the transaction.

As to Hobson, who was also engaged on the shooting-party, the court had never asked him a single question, which went to corroborate or contradict the testimony of Spencer. Their examination seemed intended to palliate, rather than to expose, the conduct upon which they sat in judg ment; and that court seemed as ready as the witnesses to catch at the report of a report, in order to imagine those consequences most favourable to the accused. But it was an act which neither they, nor any other power could justify; it was cruel, unjust, and abominable. If he was drunk, or mad, in the commission of it, still should it have excluded him for ever from the profession to which he belonged. At least it should have prevented his promotion to a more important command, in which the lives of others were exposed to his cruelty or his madness. But intoxication could not well be pleaded; he had had time to reflect upon his conduct, the sun had gone down upon his wrath, but it had risen with his wrath also. Whatever the offence of which the man so punished was guilty, the idea of 24 hours exposure on a desert island, without food, or water, or raiment -the horror that must attend on such a situation, even for such a space of time, was surely an adequate, if not an overstrained visitation. He hoped, for the safety of the mariner, and for the honour of the House, and of the country, they would not let this business end here without resorting to some further proceeding. From the great enormity of the act, and under the little probability of escape, though there might not be ground for a prosecution for murder, there was, upon the whole of the evidence, enough to call upon the House to appoint a Committee for the purpose of considering what farther should be done upon an occasion so extraordinary and aggravated. The hon. bart. concluded with moving for the appointment of a Committee, "To take into consideration the papers relating to theconduct and trial of the hon. capt. Lake, and to report thereon to the House."

The Chancellor of the Exchequer did not wish in any manner to repress the feelings which the statement of the hon. bart., and the case necessarily excited. It was certainly a case deserving of very serious attention; but however he might be disposed

2 F

« AnteriorContinuar »