BEFORE Sir HENRY ASHURST, SIR BEAU­MONT [...]HAM, Sir JAMES MARRIOT, and others.

Sir JAMES MARRIOT, the Judge Advo­cate, gave a short Charge to the Grand Ju­ry, (chiefly stating the difference between the Maritime Law, and the common Law of the Land, with respect to Murder, there being, according to Maratime law, no such offence as Manslaughter,) who, after retiring a considerable time, returned with a true Bill against FRANCIS COLE, GEORGE COL­LEY, MICHAEL BLANCHE and EMAN­UEL BA­THA, for the Wilful Murder of WILLIAM LITTLE, Captain of the American Eagle.

The Prisoners' Counsel desired the two last named prisoners might be tried by a Ju­ry of half Foreigners and half Englishmen, they being Spaniards, which was granted by the Court; and the Court then procee­ded to arraign the four prisoners, viz.

FRANCIS COLE, GEORGE COLLEY, MICHAEL BLANCHE, and EMAN­UEL BATHA, who were indicted for that they not having the fear of God before their eyes, but being moved and seduced by the instigation of [Page 4] the Devil on the 28th of October last, with force and arms, on the High Seas, in the jurisdiction of the Admiralty of England, about the distance of fifty leagues from the Isle of Wight, in and upon WILLIAM LITTLE, master of the American Eagle, feloniously, wilfully, and of their malice a­forethought, and that the said Francis Cole, with a certain knife, which he in his right hand then and there had and held, the said WILLIAM LIT­TLE, in and upon the groin and left thigh of him the said WILLIAM LITTLE, feloniously, wilfully, and of his ma [...] aforetho't, did stab, penetrate, and wound; and that the said Francis Cole did feloniously, wilfully, and of his malice aforethou't, give him, the said WILLIAM LITTLE, by such striking, stabbing, and penetrating, three mortal wounds, in and upon the groin, of the depth of three inches each, and of the width of one inch each; and also three other mortal wounds in and upon the left thigh, of the like depth and length; and that he, the said Francis Cole, with a certain iron tea kettle, which he in his right hand then and there had & held, the said WILLIAM LITTLE, in and upon his head, feloniously did strike and beat; and that he, the said Francis Cole, with his hands and feet, the said WILLIAM LITTLE, in and upon the head, stomach, belly, back, sides, thighs, and groin, feloniously and wil­fully, and of his malice aforethought, did strike, beat, and kick, and that he, the said Francis Cole, did then and there, and of his malice aforethought, give the said WILLIAM LITTLE divers mortal bruizes in and upon the head, stomach, belly, back, sides, thighs and groin of which he then and there instantly died.

[Page 5] And the indictment charges, that the said George Colley, Michael Blanche, and Emanuel Batha, feloniously, wilfully, and of their malice afore­thought, were present, aiding, helping, abetting, assisting, comforting, and maintaing the said Fran­cis Cole the felony and murder aforesaid, to do and commit; and so the Jurors, upon their oaths say, that all the said prisoners the said WILLIAM LITTLE, in manner, and form aforesaid, did kill and murder.

A second Count, for that they, on the same day and place, on the said William Little, felo­niously, &c. did make and assault; and that the said Francis Cole did then and there feloniously, wilfully, and of his malice aforethought, tie and fasten a certain rope to the body of the said Wil­liam Little, and did then and there, by the said rope, haul and drag the said William Little from and out of the cabin of the said ship, to and upon the deck of the said ship; and that the said Fran­cis Cole did then and there, with both his hands and arms, cast and throw the said William Lit­tle from the deck of the said ship into the sea, and did thereby drown the said William Little, of which drowning he then and there died. And the indictment charges, that the said George Col­ley, Michael Blanche, and Emanuel Batha did aid and abet, &c. the said Francis Cole, the fe­lony and murder aforesaid to do and comit. And so the Jurors say, that all the said Four prisoners, in manner and form aforesaid, did kill and mur­der the said William Little, against his Majes­ty's peace.

The two last prisoners were then removed [Page 6] from the bar; and the two former, Fran­cis Cole, and George Colley, were charged with the Wilful Murder of the said WIL­LIAM LITTLE.

• Sir WILLIAM SCOTT;
• Mr. SOLICITOR-GENERAL;
• Dr. BATTINE,
• Dr. ARNOLD.

• Mr. COMMON SERJEANT;
• Mr. KNOWLYS;
• Mr. KNAPP;
• Mr. ALLEY.

The Witnesses examined separate.

The Indictment opened by Doctor AR­NOLD:

And the Case by Sir WILLIAM SCOTT, as follows:

May it please your Lordship, and Gentle­men of the Jury;

The indictment charges the prisoners a [...] the bar with the murder of William Little, and it is my duty to state to you, which [...] shall do to you as briefly as is consistent with perspecuity, the circumstances and facts at­tending this case, as we purpose to lay them before you in evidence. The unfortunate person, whose death is the subject of the pre­sent enquiry, was master of an American ves­sel, called the Eagle, which set off the 15th of September, in the last year, with a cargo of tobacco, bound for France; the ship's com­pany at that time, consisted of Capt. William Little, the deceased, and ten other persons, of whom three died, very shortly after the ves­sel quitted the harbour; there were left on board the master, and seven other persons, the two prisoners at the bar, the two Span­iards, [Page 7] whom you have seen produced at the bar, and three other persons, who will be produced to you as witnesses, in support of this prosecution. Gentlemen, nothing mat­erial occured, in the prosecution of this vo­yage till on the 27th of October last; when at twelve o'clock at night, Little, the master, and three other persons on board, that will be produced as witnesses, went below to sleep; on being relieved from their watch by the two prisoners at the bar, and the two Spaniards. Gentlemen, on that night we charge that the destruction of this unfortu­nate person, was effected, in the manner de­scribed in the indictment; and we charge the prisoner at the bar, Cole, with being the hand employed in this murder; and the prisoner, Colley, with being the direc­tor, and the chief actor in this mur­derous conspiracy against him, and the two Spaniards with being aiding, abetting, assisting, comforting, and maintaining, the said Cole and Colley, to commit the said murder. Gentlemen, the body of this un­fortunate person, after the murder was ef­fected, was dragged on deck, and afterwards thrown over board. The manner in which this foul transaction came to the possession of the other witnesses on board the ship, for you will please to observe there were no o­ther witnesses of the transaction, but those engaged in it; several of the conversations that passed between the prisoners and the witnesses, I shall leave to be detailed by them, and the other, as the persons engaged in [Page 8] this business are tried separately. It appears to me, that many of those transactions, and of those conversations, which I should oth­erwise have stated, as composing the general history of this business, would be rather in­applicable, on account of this separation, in which the prisoners are brought to the bar; it will however, not be improper for me to state to you, that in the morning after the murder had taken place, one of the prison­ers at the bar assembled the men toge­ther; that he then told them, they would go into the first port [...]ey could reach, and sell the cargo, and divide the profits amongst them; he went down and took passession of 245 dollars, which were in the deceased's chest, and afterwards divided the deceased's clothes among the crew, some of which were cut in a variety of places; and Col­ley, the mate, entered in the Logg-Book, that he deceased on the 27th of October, of a yellow fever; the ship arrived at the Isle of Wight; after which it will be proved, that the prisoner Colley attempted to make an alteration of the entry of the death he had recorded before, and stated, that the de­ceased's death happened at a former period; he there disposed of the dollars for forty-five guineas, and divided among the crew, five guineas each; this circumstance of the entry of the death of the deceased, and oth­er particulars, which appeared of a mysteri­ous nature, various and inconsistent repre­sentations of the cause of his death, excited suspicions in the mind of the American [Page 9] Agent and Consul; and these representati­ons being further investigated, they ter­minated in the discovery I have stated to you. Gentlemen, the Lords of the Admi­ralty have, nevertheless, thought it a duty which they owed to general justice, to in­stitute an enquiry into this business, and to commit it to the judgment of a jury; and you will discharge your duty, by pronoun­cing that verdict on the prisoners at the bar which your consciences shall warrant you to form.

SAMUEL DEARBORN sworn, Examined by Mr. Solicitor-General.

You are an American, I believe?—I am.

Was you on board the American Eagle in June last?—I was.

Where was you bound?—To Newbury­port.

When was it you sailed?—The 28th of June.

Where did your vessel go to from New­buryport?—Down to Virginia.

When did you arrive in Virginia?—I think she arrived there in 17 days after.

When did she sail from Virginia?—The 15th of last September.

Where was she bound to?—To Havre-de-Grace.

What cargo?—Tobacco.

Who were the persons on board the ship when she sailed from Virginia?—William Little, master, Richard Little, mate, the gen­tleman's [Page 10] brother, John Stickney, John Har­ris, Archibald Hart, John Cassada, George Colley, and two Spaniards on board, one named Emanuel Batha, and the other Mi­chael Blanche, and Francis Cole. On the day after we sailed, the chief mate Richard Little died.

What become of Harris and Stickney?— Three days after that John Stickney died; in three days after that John Harris died.

When Richard Little died, who became mate?—George Colley. On the 27th of October we struck soundings.

Where were you then?—In the chops of the channel.

Were you on the watch that night?—No.

What time did you go off?—I went off at 12 o'clock; William Little, John Cassada and Hart were there likewise, then George Colley was there; two Spaniards and Frank Cole took the watch at 12 at night.

Name the persons who succeeded to watch when you went off at twelve?—George Colley, Francis Cole, and two Spaniards, one named Michael, I do not know the others name. One Spaniard was called Emanuel and the other Michael.

Did both the Spaniards take the watch? —Yes Sir.

Court. Are these two of the men you saw on the watch?—Yes, both of them.

Were there any persons on board, when you left the watch besides the four that suc­ceeded to the watch?—No Sir.

Who were the men that were there?— [Page 11] One of them is named George Colley, and the other Frank Cole.

Where did the captain and the other 3 go when they went off the watch?—The gen­tleman stood in the companion way. I stood and talked to him two or three mi­nutes: the other men went to lay down.

What other men?—Cassada and Hart went down; the captain went into his ca­bin, and I went into the steerage. I went and turned myself into sleep.

How was the captain when you parted with him, in health?—In as good health as I am.

What happened afterwards?—About one I awaked and heard murder shrieked out, it startled me very much.

Did you distinguish his voice?—It was the captain's, I laid a minute, and I heard him sing out for George Colley.

Who did you hear call out for George Colley?—It was captain Little. I heard Colley's voice in the companion, calling out rub him.

What did you understand by that?—I do not know; I did not know what it was; I thought we had just struck soundings, and he had fallen off deck. Then I heard the captain say, "I am not dead, tho' you think I be."

Repeat the words you heard the captain say?—The captain said, "I am not dead tho' you think I be;" then the captain said to Frank Cole, "let me lay down and [Page 12] die." The words were "Frank let me lay down and die."

Who did he say that to?—To Frank Cole.

How do you know that the captain said that to Frank?—I heard the captain's voice say, "Frank, let me lay down and die."

But how do you know he said that to Frank Cole?—He either said Frank or Cook, I do not know which.

Who was Cole?—He was cook.

Could you see any thing on board?—No.

Was it light or dark?—It was dark.

What distance were you from Cole & the Captain?—About twelve feet.

Then you have not been speaking from what you saw, but from what you heard of the sound of voices and conversation?—Yes.

Court. Did the sound come from the place where the captain's cabin was?—The sound came out of the cabin.

It sounded to you to come out of the ca­bin?—Yes. Then it was all still. Then I saw a light in the cabin.

Mr. Solicitor General. Was there any in­terval between the time when you saw a light in the cabin and when you heard the captain say, "Cook let me lay down and die?"—That was afterwards. I saw a light in a few minutes. I could hear a noise and the people stirring.

After you saw the light. what happened? —After the light was gone, directly a man came down into the steerage where I laid.

Court. Who was that man?—I could not swear to the man.

[Page] Had he a light with him? —No; Hart said, "What is the matter on deck, is there a squall sprung up? then he went on deck and returned.

What did Hart do?—Hart put on his jac­ket and then he went on deck.

What happened next?—Then I was awake for a few minutes, then I heard a noise [...]n the cabin.

What sort of noise did you hear in the cabin?—I heard people stir. I heard as tho' they were dragging something up the steps, up the companion steps that lead to the cabin.

What did you do all this while?—I laid still.

Why did you lay still?—I laid still to see what would become of them.

What happened next?—They dragged the noise over my head, right over me upon the deck.

Court. You mean they dragged something the noise of which you heard up the steps? —Yes.

What happened next?—Then it was all still.

How long?—A minute or two; then there was a man came down from the com­panion and sat by the side of me in the steer­age, on a hogshead, then there was a lan­thorn lowered down.

Did you distinguish who that man was? —Yes, as the lanthorn was lowered down I turned to my right side, and he bid me [Page] turn back again, which I did, but still the light shone so, that I could see who it was.

Who was it?—It was Michael Blanche; then he began to haul off his stockings and shoes as tho' he was going to turn in, be­cause I was awake; then he beckoned and the lanthorn was hauled down again, then he put out his hand and took up a spike a­bout a foot long, a marline spike.

What is the marline spike made of?—Iron.

What did he do with this marline spike? —He put it into his left hand, and put it back again, then he brought it within about three inches of me; I had my hand laid so; I warded it off with my right hand, and took hold of it with my right hand, and took it from him, then I took him by the throat and stamped upon him, and I came on deck; and there were four men.

Who was on the deck?—George Colley, these two Spaniards, and Frank Cole.

What, did Michael go on deck before you? —No, this Archibald Hart was called on deck before; the other man that was on deck was Emanuel.

When did Michael come up?—Just after me, Cassada came up with me.

Now repeat who were the four on deck when you first went up, and who came after­wards?—One was George Colley, Frank Cole, Emanuel the Spaniard, and Archibald Hart. When I went on deck, I said, what in the name of God, does all this mean? Did you want to take a fellow's life when he is in sleep? Then George Colley made answer [Page 15] and several more of them, what is the mas­ter! what is the matter! I knew their voi­ces that said it. I said, before you shall take my life, give me a fair chance, I will take a plank and walk overboard, for I know the transaction as well as you do. Then Colley said, there is no need of it, for the Captain is gone.

Court. What did he mean by that, the Captain is gone?—The Captain is gone o­verboard. The others spoke, but I cannot recollect what the words were; but Colley said, if I did as they did, I should fare well. I cannot recollect the words, but I take it that was the meaning.

Can you recollect the words he made use of?—I cannot.

Do you recollect Michael saying anything? —Michael said I should not be starboon, mea­ning true to them.

Court. You do not undertake upon your­self to say what Colley said?—No.

Mr. Solicitor. Did Colley say any thing, when Michael said that?—He talked Span­ish to him. Colley said, he would not hurt me; I cannot recollect the words that Col­ley said.

What did Michael Blanche say?—That I should not be starboon.

Did you understand the meaning of star­boon?—One of them told me afterwards.

Who told you?—That was John Cassada.

Was Colley present when that was ex­plained to you?—I do not know.

[Page 16]You had a conversation with Colley?— Yes.

Do you recollect what passed in that con­versation?—No sir, I do not.

When John Cassada came on deck, what condition was he in?—He was in his shirt sleeves, only just a waistcoat on.

Did he say any thing?—I cannot tell what it was; then I saw blood lay on deck.

Did yet see blood any where else?—Ye [...], on the Cummin; on the piece of wood by the door, and likewise the steps.

What steps?—That lead to the cabin.

Did you go into the cabin?—Not then, not till the afternoon; then I saw blood laying in the cabin, and likewise in the state room, and I saw this Michael Blanche wash­ing the blood away before that; but some of it was in; Michael was washing it away before I went down; the chest was unlock­ed, and the key laying on the floor among the dirt; we all helped to overhaul the chest, except one at the helm.

Court. You say the chest had been un­locked?—Yes; we looked over the chest, and found 245 dollars in silver.

Who were present, when the chest was opened?—All the crew, except one at the helm, that was one of the Spaniards.

What was done then? Then the money was taken out, and George Colley put it in­to his chest.

Did any thing pass before this was done? No; after that, some cloathes were divided on the deck.

[Page 17]Had every man his share? George Col­ley did not take any then, they took it all a­mong them.

Did they divide it themselves, or did any body divide it for them? They [...]ook them up and divided them.

How came these things to be divid­ed? —I do not know. The next thing I found was a pair of trowsers in the steerage, a­bout two days afterwards, they were all full of blood.

Did you know the trowsers▪—Yes; and on the left thigh there were three places cut in them; and in the private parts of the trowsers there were two more; and in the waistband there were two more; the waist­band was cut half off in one place.

Do you know whose trowsers they were?— Yes Sir, they were the Captain's. They were dussil, the only pair that were on board.

Have you ever seen the Captain in them? —Yes. He had them on three or four days back, and the very day before.

What became of the trowsers?—This Mi­chael cut them up; they were too big for him, to make them smaller.

Did you find any thing besides the trow­sers?—Yes, a knife.

Do you know whose knife this was?— Colley's. I had killed a pig; he had lent me the knife; I cleaned it, and returned it to him.

[Page 18]What become of that knife?—Geo. Col­ley threw it overboard.

In what condition was that knife, when you found it?—Bloody.

How did Colley become possessed of it, when he threw it overboard?—I cannot justly say, I know I saw him throw it over­board.

What did he say, when he threw it over­board?—He said this is the knife that did the very job.

Did he say what job?—No, he said, "this is the damned knife that did the job."

What else?—An entry was made in the Log-Book; Colley got in liquor before this, and he told me to bring the Log-Book and put it in; I made the entry myself at first,

Look at this, (shows him the Log-Book.)— Is that the Log-Book?—Yes.

Whose hand writing are the entries of the 24th, 25th and 26th of October?—These are George Colley's.

Have you ever seen George Colley write? Yes, I have seen him write a little; I have seen him write in that book.

Look on the 27th of October?—This is not my writing, it is his writing.

Look at the entry of the 28th of Octo­ber, the next day▪—That is not mine.

Did you see either of these entries made? —Yes, I saw him scratch out one, and make another.

Then you did not see the entry made on the 27th?—I did, it is not my hand writ­ing.

[Page 19]Did you see the entries as they are now scratched out?—Yes, here is one of them scratched out, and carried back sixteen days, it there said, he died of a yellow fever.

Who did that?—George Colley.

What was the entry that was altered?— It was the death of William Little.

You saw the entry made by Colley, car­rying the date back, and entering that he died of the yellow fever? Was that so?— Yes.

When was that entry scratched out?—I cannot tell.

Where was it?—At the bottom.

How did that entry originally stand?— scratched there, what was that?—I cannot read writing.

Try at the place where it is scratched?— Here it is.

Well, what is it?—I cannot make any thing out of it.

Can you read the entry of the next day; how do you know the entry was put back? —I can read some, but I cannot spell; I can read an easy word now and then.

Is there any of your entry in it?—I kept the Log-Book in November.

Did you see that Log-Book scratched by any body?—Yes, I do.

Who scratched it?—George Colley.

When was it?—I cannot say,

At what place?—In the cabin.

Where did the ship lay?—At the Mother Bank; then he carried it back, I think, six­teen days.

[Page 20]How do you know that he carried it back sixteen days if you cannot read?—I saw him; I can read that writing.

Go back sixteen days?—Here is the 15th.

What is the entry of the 15th?—The Captain died at three in the morning.

What day?—The 25th at 3 in the morning.

What month?—I cannot find what month.

Did the captain die on the 15th of Octto­ber?—No Sir.

Did he die of a yellow fever?—No Sir.

What become of the ship after the Cap­tain died?—There was a captain came on board and new people.

Who took the command of the ship while you were at sea?—We were all commanders, there was never a one on board could tell where the ship was.

Did any body take the direction of the rest?—Colley pretended to be captain.

Where did he go?—He went into Cowes.

Why did he go into Cowes?—Because he had no navigators on board to carry the ship; we lay thirteen or fourteen days on the Mother-Bank, then we went to Ports­mouth; there was a paper signed about quar­antine. We went the next day to West Cowes or East Cowes into the harbour.

What did you do when you came into the harbour?—He got all the things on shore: the vessel looked very bad.

Did you go to any merchant or any body at Cowes to take care of the ship?—Mr. Jalgoo the consul ordered the ship to be taken care of.

[Page 21]What did you go to Mr. Jalgoo for?—I did not go.

What become of the log-book after you came to Cowes?—It was on board.

Who had it?—I kept the last of it, and a man that came on board asked me to keep it; and Colley desired me to keep it and not part with it to any body till he ordered me.

How long did you keep it?—I do not know, the captain came on board again, I cannot tell his name, he asked for the log-book, and I delivered it to him.

Who do you mean by the captain?—He is a man that belonged to the same place where the owner lived, I forgot his name.

Who sent him on board?—The Consul.

What makes you call him the captain then?—Because he came on board as cap­tain; he was appointed by the consul. I delivered the log book to him.

What became of the dollars?—They were cerried on shore and changed for gold.

Who carried them on shore?—I cannot tell.

Had you any money?—Yes, I received part of it.

What did you receive?—Seven guineas and a half.

Where did you receive it?—In a public house, the man's name is North, at West Cowes.

Who was present when you had that mo­ney?—There were a good many people, fif­teen or twenty.

[Page 22]Who gave you the money?—George Col­ley.

Did he say any thing to you when he gave you the money?—I am sure I cannot tell you justly whether he did or not, be­cause there were many people in the room, and there was no word to one or another in particular.

Did you see any money given to any bo­dy?—They all had a part of it.

Who do you mean by that?—The rest of the crew.

How much had they?—Five guineas a piece.

When did you first give an account of this?—On the 26th of December, on a Sa­turday.

Who to?—The person that I spoke of it to, was a Serjeant, down in the Country, at this public-house. I do not know his name.

When were you taken up?—The 26th of December I was taken up at night.

Was you taken before you gave the in­formation?—No Sir, I was taken up at a public house, Mr. North's, I delivered my­self up, (The Entry in the Log Book read.)

Who kept this Log Book before the death of capt. Little?—George Colley.

From what time did he keep the Log Book?—I cannot tell you the day, but after the Mate died.

Did he usually keep it?—Yes.

When did the mate die?—He sailed the [...]th and he died seven days after, the 22d.

[Page]You said you had seen him write in this book?—Yes.

Did you see any person write that which is erased here, scratched out?—I believe he did.

Did you see him write that?—No, I can­not say I did, I saw him s [...]ratch it out and write in another place; that was at Cowes.

When you was on board the vessel did you see him write?—I cannot say so particu­larly.

Cross Examined by Mr. Common Serjeant.

You was a common seaman on board this vessel?—Yes.

You are no great scholar I understand?— No, no scholar at all.

But you recollect the facts you speak of I suppose!—Yes to the best of my knowledge,

Now we shall begin with this [...]ook, you told my Lord and the Jury, that the entry of the Captain's death was made by you, that Colley told you how to do it, and you made the entry yourself, do I understand you right, I do not want to puzzle you?— Yes.

Then you are the hand that made the en­try of the Captains death?—Yes.

You know the fact to be false, that he did not die of a fever?—Oh I am sure of that.

Notwithstanding which you entered it yourself?—Yes, I entered it myself.

Can yon read?—I can read some easy place, but I cannot spell any at all, when I come to a hard word.

[Page]Now can you find any thing easier than the date, it is pretty large, October here? you know my Lord asked you just now if you could read what month it was in?— Yes I know, but I could not find in what month it was.

You knew where to look for the month did not you?—No Sir.

But if it was in writing you could read it?—I cannot read no writing.

Mr. Common Sergeant to Jury. (Showing them the book) You see the word October Gentlemen it is pretty plain and vissible, if there is any word plainer than another, that word is it.

But you cannot read now?—Not to speak of.

Then as to hard writing, you are no judge of hand writing I think?—No.

Now this Journal was first kept by Little the Mate?—Yes.

Unless you was present you could not tell who wrote it?—I sat by him.

What always?—No, I have seen him now and then write.

But whether he was writing in that book you cannot tell?—No.

From the writing itself you cannot say it was the prisoners hand writing?—I do not know that I can, but there was no body [...]l [...]e o [...] board that could write.

Yes, you can write?—You cannot call it writing; I never saw any write on board besides Colley.

Do you mean to say on your oath that [Page] none of the others can write?—I say I ne­ver saw any of them but Colley.

But your two mess-mates?—I never saw them write.

Court. Was you sitting down by Colley at the time he made that alteration in the book? —Yes.

How do you know that he altered it so as to give it a prior date?—I saw him take a pen knife and scratch out something, and write in a former part of the book, carrying it back.

What did he scratch out? Captain Little died of a yellow fever.

Those were the words?—Yes.

Why you wrote it, you know it was in two places; upon your oath which did you write?—That I cannot tell.

Court. Did he add any thing in the self [...] place where [...]e scratched out?—No, he did not, he carried it back.

Now master if I understand you right there are two entries of the Captains death.

If you look into the book there are no entries of the Captains death, because all that relates to the Captain is scratched out.

Now the entry you talked of, which was made, was put back to the 15th, you do not know what month; upon your oath, is not that your hand writing?—It is not.

Which is your writing of the two, you made an entry of the captains death the day after, as you said by order of the mate; now [Page] upon your oath which of these two is your hand writing, that which stood first or that which was scratched out?—I cannot tell.

Then it is pretty clear that one of them is your hand writing?—Yes.

But which of the two you will not take upon yourself to swear? I cannot.

Now you all sailed together? Yes.

Nothing happened particular except the loss of two or three men of the yellow fev­er 'till you came to the 27th of October.

Take the log-book into your hand then point to the entries, and see which is your entry and which is not, look at the bottom where it is the 27th of October and turn back to the 15th.

(Looks at them both.)

This is not my hand writing, they are neither of them mine.

Council. Upon your oath are they not both of them your hand writing Sir?— They are not.

How came you to say to my Lord just now not only that this 27th was your writ­ing, that you made an entry of the Capt's. death because the mate was drunk, and he told you what to make?—Sir, it is where I made out and it is scratched out.

On the next day on the 28th, is there a­ny entry of that man's death?—I made neither of them.

You see there is an entry of that day?—Yes.

How came you to tell my Lord that you had done it?—The 27th is wrote and that was the day I kept the log book.

Mind what you are about, it shall be taken down.

My Lord I submit it alarms a man when he is told he asserted that which he did not assert, according to my recollection, the evidence which he first gave was, he was asked about the 27th of October and he said it was his hand writing before he saw it, when it was produced to him and he said it was not.

You put the quest­ion to him who made the entry of the Cap­tain's death, he said I did it, because the mate was drunk, the moment he saw it he said it was not his hand writing, on cross examination he said he did not know which it was.

Upon my word to say the honest truth, I confess I do not know what he has said, or what he has meant to say, he says one thing and means another, I wish you would fix him to something.

Let him look at the hand writing, and say which it is and which it is not.

My Lord, I object that when a witness first of all swears posit­ively that he made one of the entries, but did not know which, & then the book is shown him, and I explained it to him, I made my­self as explicit as possible, every body un­derstood me; I object to his looking at the book any more; the Jury will Judge of the whole: I appeal to your Lordship's notes.

Read his notes.

Now is that entry of the 28th, your hand writing?—I told you before it was not.

Now read that entry to us, you can read your own writing certainly?—I cannot read it to make any hand of it, you can read it for me.

No, no, the Jury want you to read it?

Suppose you was to write his name.

Court. You have looked at that entry of the 28th of October of the burial; is that your hand writing?—If any is my hand writing that is.

Counsel. You went to bed the 27th of October, and laid in the steerage with two other men;—What signifies your bothering me, I told you once.

I will tell you why, because the Jury do not know so much of you as I do; you went down stairs and slept in the steerage with Cassada and Hart;—I have told you once.

Turn your face to the jury.

Court. You must answer all the questions that are asked?—But when I have told the story two or three times, I do not know what is proper.

Now you went down into the steerage in company with Cassada and Hart?—They went down before me.

How far was you from the captain?—A­bout twelve feet.

You was alarmed with the ery of mur­der?—Certainly I was.

It was dark?—Yes.

[Page 29]Then you might have got up unobserved? —Yes.

How came you to lay so quiet when you heard the cry of murder?—If you or any other person was in that situation you would lay quiet too.

Why you had two friends in the steerage with you?—No Sir; yes there were two after the man was dead, he was hauled up.

No, no, there was Cassada and Hart in the steerage with you: you heard the cry of murder and you heard the captain sing out which I suppose mean, call out in your lan­guage?—I heard him sing out.

That means calling out?—Yes calling.

You never attempted to get up?—After Colley said rub him, I got up, I had been up once and lay down again.

Upon your oath, why did not you alone get up?—Why did not I, a man does not know what to do.

Why there were three of you in the steer­age, and the captain was within twelve feet of you?—Ye, and there were two bulk heads between us.

And neither you nor Cassada nor Hart went to his assistance?—They two did not hear me, I did not know they were there▪ I was lying thinking what to do.

You did not awake them because you did not know they were there, did you try to awake them, why, you told us they went down there with you to watch?—Yes.

You never attempted to ask either of these [Page 30] men to go to your assistance?—How did I know but they were called up before.

Did you try to see whether they were or not?—I did not.

At that time when you first heard it, you heard the voice of one man that was attack­ing the Captain?—He was the only voice I heard speak out then, I heard only the cap­tains voice in the Cabin, speaking to some­body in the Cabin, Colley was on deck.

Then there was one man in the Cabin? —I do not know there was any more; I heard him say Frank, let me lay down and die quietly, I did what I supposed was best, then Hart was awaked and he went up up­on deck, I do not know who awaked him; I never spoke nor stirred.

Did Hart call you when he was touched? —He only sald what is the matter, is there a squall upon deck; he never said a word to me.

Was there any light?—No, I concluded he was touched by singing out, I could not see the man's face, but I could see he had no shoes nor hat on, I could not swear to the mans backside, he turned his face from me.

Now after this you was afraid that some of the Spaniards would do you a mischief, and you said you would got a plank and walk overboard?—Certainly.

And Colley said there is no need of that, the Captain is gone?—Yes.

That quieted you at once?—It quieted me so that I made up to him.

[Page 31]Wight?—I was a young fellow on board, I acted as second mate when the captain was alive, to give him a call as any other man would, I was not so good a seaman as some of them.

How came you to take seven guineas and a half of this money, when the others had on­ly five?—There were forty guineas, the o­thers had only five.

How came that?—I do not know.

You asked no questions?—No.

You took the seven guineas and a half? —It was put in my hand.

Did you refuse it?—I did at first, but I took it afterwards.

Then you gave an account of the death of the Captain?—I had it in black and white before that.

And you swore to it?—I swore to what was true, to the best of my knowledge.

What you swore, then, was true, to the best of your knowledge, was it? do not say that I do not understand you?—Yes.

When you made affidavit at the Isle of Wight, what was in that paper was true, to the best of your knowledge?—Yes.

Then you swore at the Isle of Wight, that the captain died of a yellow fever?—Did I swear so?

Did not you?—Is it in that paper so?

Did not you make an affidavit at the Isle of Wight, that your Captain died of a yel­low fever?—I do not know; I know I went there, it was on account of the cargo. [Page 32] oath of something? did not you there swear, that the captain died of a yellow fever?—I do not know that his name was put in there, that he died of a yellow fever.

Will you swear it was not?—I will not swear about it.

Will you swear that you and Cassada did not swear that he died of a yellow fever?— I cannot swear I swore so; if I did, I did not understand it, it was not to my know­ledge at least.

Did you not all three swear positively, that the Captain met with his death on the voyage, and that he died of the yellow fe­ver?—I do not remember it, it was about the cargo that we went.

Did you go to the Custom-house at all, or to the Isle of Wight, or Portsmouth?—I went to each of them.

At which of them did you take oath?— At both; one was concerning getting the vessel out of quarantine, and the other was about the cargo.

Now, in which of them did you swear the Captain died of a yellow fever?—It is in neither of them.

Will you swear it is not?—I cannot tell.

Did not you attend to what you swore? —I did not understand it.

Was not it read over to you?—Yes; that may be I might not understand that word, that the Captain died of a yellow fever.

Will you swear it was not giving an ac­count of the captain's death at all?—I will [Page 33] not swear it was not there; I will not swear any thing about it.

Was not it read to you?—Did not I tell you it was read to me? I told you it was read to me.

Was it read to you?—Yes.

You signed it; did not you put your mark to it?—What if I did? I signed two papers there, one at Portsmouth, & the other at the Isle of Wight.

But which of them contained an account of the Captains death, you do not know?— I do not know that either of them did.

Will you swear they did not?—I cannot swear any thing about it.

Then the Captain's death made no impres­sion on you at all?—I was afraid of my own life at Cowes, they would all have turned against me.

You was afraid of your own life at Ports­mouth?—Yes, I was.

Do you mean to swear, that, tho' you was on shore at Cowes and at Portsmouth, yet you was so afraid of your life, that you did not give any account of it?—I was a stranger.

Now, as to this knife of Colley's, he lent it to you?—Yes.

And any body that wanted a knife, might borrow it of him?—I cannot say but they might.

ARCHIBALD HART Sworn. Examined by Dr. BATTINE.

I think you was a mariner on board the American Eagle?—Yes.

[Page 34]When did you go on board?—I went on board the 6th of October.

What was the ship's destination?—She was bound to Havre-de-grace.

She was commanded, I think, by William Little?—Yes.

The ship afterwards did not arrive at Havre de Grace, but went to Cowes?—Yes.

Do you recollect any thing that passed on the 27th of October concerning the cap­tain?—Yes.

What were the names of the persons who kept the watch till twelve at night on the 27th of October?—Till twelve, Samuel Dearborn, John Cassada, and Archibald Hart.

Was the captain at that time very well when you last saw him?—Yes.

Who took the watch after twelve?— George Colley, Cole, Michael and Ema­nuel.

Do you mean the two prisoners at the bar?—Yes.

Were those two of the persons that suc­ceeded you in the watch that night?—Yes.

Where was you afterwards when you was relieved from your watch?—We tur­ned in below.

After you went down below deck, did any thing particular occur, were you awa­ked by any thing?—Yes.

Mention the circumstance that awaked you?—I was in sleep, and Mr. Colley came from the gang-way and took hold of my [Page] foot and gave me a shake, and awaked me, and said, Arche! Arche! twice.

Did he say any thing else to you?—Not then Sir; I said, Oh, oh,

Did he say nothing else but merely call you at that time?—No Sir.

And what did you do in consequence of being called, did you lay still or get up?— Being drowsy I did not get up the first call, he called me a second time, then I got up & came up to the gang-way and asked them if there was a signal upon deck, why, says he, "Yes, come up as quick as you can." I put on my jacket and shoes and hat, and went up and asked him what the matter was, and says he, "By G [...]d the captain is killed, and the cook has killed him."

Do you recollect who were upon deck at the time that Colley made that answer to you?—Yes, Michael and Emanuel the little Spaniard, and Cole.

Had he any further conversation with you on the death of the captain?—Yes, he as­ked me if I would help to haul him up out of the cabin?

What was your answer?—I told him no, I could not.

Then was he hauled up as you refused to help?—Yes Sir, he was hauled up by the two Spaniards and the cook.

In what manner was the body hauled up? —There was a hook made fast to his arm pits, and then they pulled away.

Did the two Spaniards and Cole haul up the body by the directions of any persons [Page] there?—Yes Sir, Colley, he spoke Spanish to them, and they took hold of the rope and hauled him up.

Do you know who the person was that tied the rope round the Captain's Body?— Yes, Frank Cole.

Did Cole make any reply at all to Col­ley?—Yes.

State what was said?—Says Cole, "Yes d—n him, I will haul him up with a good will"

What did Colley say besides as to his be­ing drawn up?—Says Colley says he, "Get him overboard as quick as you can, let him go to hell."

What became of the body after it was hauled up upon deck?—It was taken and brought to the side, and hove over the side, and they did not think to cut the rope off, and they cut it away,

Who were the persons that hove the bo­dy over?—One was Frank Cole, and the other was Michael.

I think you said there was a rope tied to the body?—Yes, it was cut away.

Who cut it away?—Michael the Span­iard.

Now at the time the captain's body was thrown overboard, do you apprehend he was certainly dead at that time?—There was no life in him.

At the time the body was thrown over, had the captain all his clothes on, or were his clothes pulled of?—He had a waistcoat on, his shirt, stockings and trowsers. When [Page 37] he was hauled up, his trowsers were taken off and his waistcoat; he had only his shirt and stockings on when he was thrown o­ver. The trowsers were a good deal bloo­dy, and holes cut in them.

Did you see where the holes were cut?— At the waistband before.

Who took off the trowsers?—Frank Cole.

Was there any conversation between Col­ley and you after the body was thrown o­ver?—Yes,

State it?—He was standing on the Iar­board side of the ship, leaning over the quar­ter rail; he went down to the cabin and fetched a bottle of gin; he took the bottle and drank himself, then he gave some to the Spaniards, after they had drank he as­ked me if I would drink with him, I said no; he asked me what made me so sober, I told him; says I, 'It is enough to make a­ny body sober to see such carrying on as is on board this ship.' Says Colley, "Never do you mind, Arche," says he, "for it is the making of us, I can carry the ship into any port, and then sell the ship and cargo."

Did he say where he would carry the ship to; Did he say any thing further to you? —He said he would run her into the first port he came to, and after we get in, says he, after the cargo is sold, we will sell the ship and divide the money; the men shall have their parts.

[Page]What answer did you make to Colley?— I asked him if he thought it never would be found out; says he, "Never you mind, keep your tongue still, that is enough for you."

Now, when they were hauling the cap­tain's body up, do you know who were there?—Dearborn was, he came from be­low.

Was he or not, upon deck, at the time the body was thrown over?—No he was not.

Do you recollect any thing particular res­pecting Dearborn; and did any conversa­tion pass between Colley and Cole?—Yes.

State what it was; state every thing that passed between Colley and Cole, respecting Dearborn?—Colley spoke to Cole, and says, cook, go and call Dearborn upon deck; says the cook, says he, what shall I do about calling him on deck, that will not do.

Who said that?—The cook, Cole.

What was next said?—He goes away, & staid about a minute; then Cole came back, says Cole, we will call him up, and get him forward to do something or other, and we will march him overboard, head and heels.

What answer did Colley make?—Says Colley, no, says he, I will get one of the Spaniards to go and kill him below; says Colley, what shall we kill him with? says the cook, says he, take the marling-spike.

Did Colley say any thing to you at this time?—Yes; he asked me if I would just go and kill him? says I, no, Sir; I will not; says I, if you do not save his life, you will [Page 39] not have men enough to carry in the ship into any port.

Did Colley say any thing further to you? —Says he, we must do something with the Long Bugger, for now day-light is coming on.

What did you do next, then?—Colley spoke to one of the Spaniards in Spanish, the Spaniard goes down below, that was Michael, about two minutes after that Dear­born, he sings out, and wanted to know what he had done to the men on board, that they were going to murder him, Dearborn was then come upon deck, I saw him come up­on deck; the cook came up to him, says he, what is the matter? says Dearborn you know what is the matter; I was standing on the starbord side, and Dearborn came to me, says he, Archy, says he, be you against me, too? I says no; then he asked me, says he, what were they going to do, was they going to kill me, or not?

My Lord, this cannot be ev­idence, unless the prisoner was present.

Dr. Battine. The question may be asked, whether the prisoners were present or not. Were Colley and Cole present, and in hear­ing?—They were present and in hearing.

I am Counsel only for Col­ley, I do not think it is of any importance to him.

I am Counsel for Cole.

Court. Were any of the prisoners on deck at the time of this conversation?— Cole and Colley were on deck.

Were they within hearing?—Yes.

[Page 40] Mr. Alley. Did Colley understand this? Colley was at the helm.

Then was it possible he could distinctly hear what was going forward?—I can't say.

Could the cook hear?—Yes, Sir, the cook did hear.

Dr. Battine. What answer was made to you?—He was talking to me, it was their intent to kill him; after that Colley said to me, Damn your eyes, what are you talking about there, come here; I was talking to Dearborn, and I made him no answer. Then Dearborn went to Colley and asked him what the Spaniard was going to kill him for; says Colley, I do not know what they were going to murder you for; they owed you some spite or another, but I cannot tell what. Says Dearborn, rather than they should kill me, I will take an oar, or a piece of plank, and I will go over board; one of the Spaniards called to know what he was talk­ing about? Colley said something to the Spaniards, I cannot tell what; then the Spaniard comes round to Dearborn and says you are no starboon—says Colley, Dearborn you take the helm, there shall none of them hurt you.

Now when you saw Dearborn jump on deck, where was Michael at that time?— He came up immediately after Dearborn.

Did you observe any thing pass at the time when Dearborn and Michael came up? —No.

After it became light in the morning did you make any observation on the vessel?— [Page 41] Yes, there was a great deal of blood on the quarter deck, from the break of it to the gangway of the cabin.

Did you see any thing particular in res­pecting Cole's hand?—Yes Sir, his hand was cut very bad.

Did Cole tell you how he came by that cut?—Yes, he said the Spaniard Michael cut him.

Did he tell you how he cut him?—He told me that he drew a knife through his hand, and he went to jerk the knife from him.

After the Captain's death, what was done with his chest, clothes and things?—The next day after he was murdered, Colley went down and overhauled them all, I was present and saw him, he looked at them, and took out of one corner of the chest a bag of dollars, 245 dollars, some of them were for dividing the money, they did not take it then, they put it in again; says Colley let it be till we get into some port, before we divide it, Colley locked the chest, I do not know who had the key; the ship after­wards arrived at the Cowes. After I had been there fourteen or fifteen days, five gui­neas were given me by Colley.

Did any body else receive any to your knowledge?—Michael, Cole, and John Cas­sada.

In short all the crew received money?— Yes.

[Page 42] Dr. Battine. What became of the trow­sers afterwards?—The cook Cole put them away for himself, the last time I saw them was. one of the Spaniards had them on, that was Manuel, he took them one day from the starboard side of the ship & wash­ed them.

Had you ever any conversation with Cole, respecting the Captain's death;—He told me he killed him with a tea kettle.

State what Cole said to you and the words he made use of respecting the tea kettle, state the whole of the conversation that passed between you and Cole, respecting the tea-kettle?—Says he "I did not quite kill him and I took a glass bottle and hit him over his head."

Mr. Knowlys. At this time it was not light when you came out of the steerage?—No.

You and Dearborn and Cassada laid in the steerage together, did you not?—Yes, about two or three feet separate.

You might put out your arms and touch each other?—Yes.

Dearborn knew you was there very well? —Yes.

Did he attempt to disturb you in the night?—No.

When Colley came to the mouth of the steerage and called you, you knew very well who it was?—I thought it was his voice first, the second time he called, I knew his voice.

Dearborn is just as familiar with his voice as you are?—Yes.

[Page 43]Afterwards he said Arche, Arche, there is a squall upon deck?—Yes.

Dearborn could have heard it or any oth­er man?—I do not know, I stopped to put on my outside jacket and coat and shoes; Dearborn did not say a word.

How much time would it take to go to each Cabin?—A minute or a minute and a half.

You received no alarm from Dearborn at all in the course of the night?—No.

Did you tell Dearborn what had passed between Colley and you?—No.

All that about killing Dearborn did you communicate that to Dearborn?—No.

Never told him of that from that time to this?—No Sir, not that I know of, I told him of that when we were in Cowes.

But not till you arrived in Cowes?—No.

That was a week after?—It was as soon as we came to anchor.

Dearborn and you were good friends?— Yes, I did not want to make a noise one way or another.

When you got to Cowes, you never told about the murder of the Captain?—Yes.

How long was you at Cowes without speaking of it?—I cannot tell.

I will tell you, when you was taken up? —Yes.

Did you speak a word of it to any body till you was taken up?—No Sir, I did not.

How many days were you on shore before you was taken up?—Fourteen or fifteen days.

[Page 44]Perhaps when you was taken up you was told that some body else had given informa­tion?—Yes.

You knew the murder had come out?— I was told so.

And then and not till then you told your story?—Yes.

Did you receive any thing from the dol­lars?—No Sir, I received nothing but five guineas.

That is something tho'?—Yes Sir, it is something.

How much had Dearborn?—Five gui­neas.

Did you see the money paid to Dear­born?—No Sir I did not see it.

What did he tell you?—He never told me, I never asked him, Cassada told me he had five guineas.

What part of the Captain's clothes had you?—Colley gave me a waistcoat, a pair of stockings, and one shirt of the captain's.

Then Colley I suppose distributed the clothes in shares to the different men?—Yes I was standing by and saw it done.

Dearborn was by too?—Yes.

What share of the clothes did Dearborn receive;—I cannot tell.

Did you see him receive any?—I did not.

Now if any body had sworn that, that was not so, and that Cole did not distribute any clothes that must be false?—Yes.

You stood by and saw it, and Dearborn too?—Yes, I and Dearborn and Cassada went to Portsmouth on Sunday.

[Page 45]How long after you came on shore?—It might be thirteen or fourteen days after the quarantine was out.

Then Dearborn told you that he gave ac­count of the captain's death on shore, before it was found out that he was murdered; that he made an affidavit that the captain died of the yellow fever?—Yes.

When did Dearborn tell you that, how long before you was taken up that he made that affidavit?—I cannot tell you how long it was, but it was something about a week.

I take it for granted, that there was some sweet conversation as this passed between you, did not you tell him what a wicked scoundrell you must be to swear so?—No Sir, Colley took it down.

Court. What did he say to you, did he particularly tell you what he had sworn, and that he had made an affidavit?—He said it was put in the log book, that he died of a yellow fever.

Did Cassada tell you what he had sworn too, when he went with Dearborn?—No.

Mr. Alley. You was asleep at the time of this murder?—Yes.

Then who committed it, do you know? —No.

You was very willing to assist Colley?— Yes.

You was very much displeased at this transaction?—Yes.

And shewed it by your conduct?—Yes.

Now you did not know at the time how the Captain was killed, or by whom, 'till [Page 46] the prisoner Cole told you he killed him with the tea kettle?—Yes.

Who was by at the time the prisoner Cole told you of this transaction?—Nobo­dy was by.

Upon your oath man, do you not know, did not you expect when you was taken up that you would be prosecuted unless you could fix it upon another?—I cannot tell you more than this.

Turn about Sir, and let the gentlemen see you, did you or did you not?

(No answer.)

Answer me, shall I repeat my question to you?—Yes I do not understand you.

I ask you upon your oath did you not know and expect when you was taken up that you would be prosecuted unless you could fix it upon another, and then be ad­mitted as king's evidence against them; do you understand me now?—Yes.

Did you not expect it?—Yes, I did not know what.

Was not you taken up?—I was.

Did not you expect that you and the rest of the crew would be prosecuted for the murder?—Yes, I did not know it.

Did not you suppose it?—I did not sup­pose any such thing.

JOHN CASSADA, sworn. Examined by Mr. WOOD.

Can you speak English?—Yes.

Was you a sailor on board the American Eagle, in September and October last?—Yes.

[Page]Do you remember the 27th of October? —I do not remember the month.

Do you remember at what time the watch was relieved?—Yes, it was about twelve at night.

Name the persons that were on the watch with you?—I do not recollect the particu­lars.

Do you recollect the night the Captain was killed?—No sir.

But you know that such a circumstance happened?—No.

Do you know of the Captains death?— Yes, I knew it afterwards, I was told.

Who was on the watch with you that night?—The Captain and this Arche, Dear­born and myself, it was the captains watch, the starboard watch.

When you left the watch who went up? —The two Spaniards, Colley and Frank Cole.

Court. What time of night did they come on the watch?—Twelve o'clock.

Where did you go after you left the watch?—I went down below.

Did you go to sleep?—Yes.

Was you awaked out of your sleep?—No Sir, I was called up.

Who called you up?—Michael one of the Spaniards, I was called up three times, when be called me up I went on deck and asked him what was the matter, he said nothing.

Did you see what Michael was doing?— I saw Michael taking hold of Sam Dear­born by his feet.

[Page]Now when you went on deck who did you see on deck?—There were all hands on deck besides me, I asked what is the matter here, some body answered, I asked what is it o'clock, they said three, I said then it is not my watch, I will go down below and take another nap; I went below, and when I went on deck again I saw the ship was bra­ced wrong, and going another course; then Michael said to me the Captain is dead, he is overboard, I asked which way the captain came by his death, then he told me that Frank Cole had killed him.

Were Colley and Cole on deck at that time?—Yes.

Were they near when Michael told you of this?—No.

Did they hear that said?—No they did not.

Then this is not evidence.

Mr. Wood. Did you say any thing to Michael in presence of Colley?—I asked Michael for my life, and asked Colley to spare my life.

Was Cole by?—No, Michael said to me the cook had killed the captain, then I went to ask of Cole, he said Michael did it, when I asked for my life, Colley said nobody should hurt me.

What did Michael say to you when you asked him to spare your life?—He said the same as Colley said, that no body should hurt me.

Did you observe Cole's hand?—Yes, I saw it out; I asked him how he came by it, [Page 49] he said Michael cut it; then I asked Michael what was the reason he cut Cole's hand, and Michael said no, he cut it himself. Then this Michael went down below and washed out all the blood away.

Did you see the blood before it was wash­ed away?—Yes.

Where was it?—About the stairs, all o­ver the ladder; then Mr. Colley came be­low and unlocked the captain's chest. I was the cook then, because Frank Cole could not cook.

Did you see Colley on deck?—He said to me, we will go into the first port we can make and sell the cargo, and divide the mo­ney amongst all of us. He told me he found 245 dollars. I know he found them in the captain's chest; he did not say where.

What became of the captain's clothes?— I do not know; Mr. Colley gave me two shirts, two pair stockings, and a waistcoat. He gave them among all of us. Then I saw one jacket, I was very cold, and I took it myself and a waistcoat; then Colley told me he should charge me a guinea and a half for it. I took the clothes, but another day when we were at quarantine, I wanted to give them back again; he took a piece of rope and gave me a blow. He asked me what is that to any body, nobody has any thing to do with that. He took the clothes, and I was obliged to hold my tongue. He said to me, nobody has any thing to do with these clothes, they belong to nobody. When [Page 50] I went to ask for a shirt then Colley gave them me back again.

Was there any money divided among you?—Yes, Colley gave us five guineas a piece. I received five guineas.

Where had Colley got that money?— He changed it out of the dollars, I reckon­ed so, he did not tell me so; we had five guineas a piece; what Dearborn and Mr. Colley had, I do not know, I was before the mast; the two Spaniards and the two blacks had five gvineas a piece as well as me.

Mr. Alley. Then I understand you, you went to bed at twelve?—Yes.

You slept till three?—Yes.

Then Michael was the first that told you of the captain's death?—Yes.

You asked Michael for your life, and he and Colley said, you should not receive any injury?—Yes.

Michael went below and washed out the blood?—Yes.

You got some of the deceased's clothes from Colley?—Yes.

You are sure the clothes of the captain's were delievered by Colley?—Yes.

Then if Mr. Dearborn has stated that he and the rest helped themselves, he must have stated what is false?—I do not know what that means.

Did Colley help the clothes about?— Yes.

Then you and the prisoner Colley quar­relled about these clothes?—I wanted to [...]

[Page 51]Then Colley beat you with a rope?— Yes.

That was very ill-natured, very bad con­duct of Colley?—Yes.

You did not offer to return these things till you had kept them two or three weeks, and then when you was coming to shore, that none of the captain's clothes should be found on you, you were desirous to return them?—Yes.

You went on shore at Cowes and Ports­mouth?—Yes.

You know in the affidavit made by Dearborn, it is sworn, among the rest, that the captain died of the yellow fever?—Yes, I heard so; I was very sorry for the cap­tain's death.

As soon as you was taken up for murder, you said you would give an account of the transaction?—Yes.

Did not some captain of another ship came to your ship before you came on shore?—They did; we took the command­er on board; we were then discharged.

How long was it after then that you were all taken up?—The next night; I cannot say to a certainty.

You never gave any account of this transaction till you was taken into custody? Yes. I am a stranger and know nothing of these things.

Where did you come from to give evid­ence here?—From America.

But in plain English, have not you come from goal?—From Geneva you mean.

[Page 52]No, from confinement, from prison?— Yes, me and the other two witnesses.

Then you were all three together in cus­tody. You had a great many conversations about this business. You had better take care: do you mean to swear you had not? I cannot understand you very well.

MOSES MOSES—sworn. Examined by Dr. Arnold.

Where do you live?—My chief living is at Newport.

Do you remember at any time the latter end of last year, changing of any dollars in­to gold?—I went to where the Captain lodged. I know the gentleman if I see him.

Look for him?—That is the gentleman in the green coat: (the prisoner Colley.)

How many dollars did you buy of him? —Between 5 and 600. I gave him 4/4 an ounce for them.

About what time?—It was in the even­ing—I cannot tell the month.

Mr. Knowlys. You are sure there were between 5 & 600? Yes.

THOMAS JALGOO, Esq. sworn. Examined by Sir WILLIAM SCOTT.

I believe Sir you are Consul from the United States of America, and resident at Cowes?—Yes Sir.

[Page 53]Did the prisoner Colley write to you at any time for assistance of men and provi­sions?—He did.

At what time?—I believe it was the last of October or the first of November.

Did you know his situation at that time? —The ship remained fourteen [...]ays at qua­rantine. Then I ordered him to come to Cowes.

After the ship had arrived at Cowes did you see the prisoner Colley?—Yes Sir, he came to me on shore immediately.

State to the Court what conversation you had with the prisoner Colley?—I asked him the situation of the ship, and he told me that the captain and several of the men had died of the yellow fever, and also that the ship was leaky and would require caulkin.

In what situation did Colley represent himself to be?—He said he had been estab­lished the mate of the ship by the captain, after the death of the chief mate, and then the captain dying, he wished now to suc­ceed; my reply was, that as he was an ut­ter stranger to the business, it was too much to be established the captain; that he should be the chief mate of the ship, and as the care of the cargo was of such a magnitude, his being a total stranger was too much to expect. He said, that as he had possession of the ship he should keep it.

Did he say he would keep possession of every thing beside the ship;—He had sent me down the ship's papers, but said he [Page 54] would not be dispossessed of the command, I told him we should oblige him to deliver it up, as I had another person to take the command of the ship, I never asked him a­bout the log book or any of the papers at that time.

Mr. Common Serjeant. The first informa­tion you received of this Vessel arriving at Cowes, was from the commander of the vessel at that time?—From Colley himself.

Had you any conversation with Dear­born about the death of the captain?—Yes.

Before he was taken up?—Yes.

That is before you paid the men; had you any conversation with him or them a­bout the death of the captain?—Only with Dearborn; I was sitting by the fire with an American gentleman, and looking at the log book I turned to the 2d of October.

Did any of the three men that were at your house when you was paying them their wages, Dearborn, Cassada or Hart, except Colley hold any conversation with you a­bout the death of the captain?—No, I hap­pened to look at the log of the 2d of Octo­ber, and there I saw that the Captain had struck a porpoise, Dearborn told me when I said a man that died of a yellow fever could not kill a porpoise, Dearborn said he did not die of a yellow fever; he died of a short consumption.

You certainly would not have paid them if you had thought any thing amiss?—No.

Sir William Scott. When did you discover this? —When I found they prevaricated a­bout [Page 55] the log book, I told him it was a very suspicious thing, that they differed so much in their account, Colley said he died of a yellow fever and Dearborn had said, to tell them all along himself, and then he said he died of a short consumption.

My lord this is our case.

Ask the prisoners if they have any thing to say.

I have nothing to say, I leave it all to my counsel; I am innocent.

I have nothing to say, I leave it to my counsel, I am innocent.

The learned Judge, Mr. Justice ASHURST summed up the Evidence.

The Jury retired for a short time and then returned with their verdict.

• FRANCIS COLE, GUILTY, DEATH.
• GEORGE COLLEY, GUILTY, DEATH.

Sentence was immediately passed by Sir JAMES MARRIOTT, on the prisoners at the Bar. Francis Cole and George Colley, you have been tried by the laws of this country, for taking away the life of a fellow-creature —for which offence you have had a very fair trial, and are to be hanged on Monday next, at Execution Dock, and afterwards dis­sected and anatomized.

[Page 56]The Court adjourned at 8 o'clock to the next morning, Saturday, Jan. 23, 1796, at 10, when the Judges, and the rest of the Court, being assembled as before, the two Spaniards, MICHAEL BLANCHE & EMA­NUEL BATHA, were indicted as before, for the Wilful Murder of WILLIAM LIT­TLE.

An Interpreter was sworn.

Mr. Knowlys, one of the Counsel for the prisoners, waived their right to be tried by a Jury of half Foreigners, and another En­glish Jury were sworn, the former being all challenged by the prisoners' Counsel.

The case was opened by Sir WILLIAM SCOTT, similiar to his speech on the former Trial.

The three witnesses, Samuel Dearborn, Archibald Hart, and John Cassada, were then respectively examined, and gave evid­ence to the purport as before, except that Dearborn said, on his cross-examination, he had been praying night and day while they were at quarantine, that the matter might come to light, but yet he never mentioned it to any person; and upon being particu­larly asked, if he did not swear that the captain died of a yellow fever, he said, he would not swear about that or the subsequent account he gave to the consul of his dying of a short consumption only, that if the former was so down in the book, it was so; and if the Consul said he said a short consumption to him, then that was so also.

[Page 57] Mr. Jalgoo, the American Consul, was ex­amined, to the effect narrated in the form­er trial, and asserted over and over, that Dearborn never, at any time, and when a­lone with him, mentioned a sylable of the captain being murdered.

The evidence being finished, and the pri­soners called on for their defence—Michael said he was innocent; and Manuel deliver­ed in a paper, translated from Spanish, which was read as follows:—"I, Emanuel, declare before God. that I am innocent of having any share whatever in the death of Captain LITTLE. I was at that time at the helm, and could not have concerted with any one, as I cannot speak English at all, and my lan­guage is that of the Bay of Biscay."

Witnesses to the character of Emanuel Batha. RAYNADO WITLARD, sworn.

(His evidence explained by the Interpreter.)

Mr. Knowlys. Ask that Gentleman if he knows the prisoner Emanuel?—Yes, he knows him.—Yes.

Did he sail under his command, and how long?—Four months under his command.

During the time he sailded under his command did he appear to be a man of a human temper, or the contrary?—An Angel of God! Never found him quarrelsome or troublesome

[Page 58]You mean that he was a very good man? —A very good man.

The prisoner's Counsel also called Domingo Loso, a Captain of a Spanish vessel, who had known him fourteen years; he had been on board his ship from Bombay to Amsterdam, and was not at all quarrelsome, but a very good man, and of a very good disposition.

And Joseph Cassier Lannas, a Spanish ma­riner, had known him ten years, and sailed with him seven months, and never found him quarrelsome, he was a good man, gen­erally esteemed.

Gentlemen, these are all the witnesses that chance furnishes us with for this poor man, who is a foreigner.

The learned Judge, Mr. Baron HOTHAM, summed up the evidence.

The Jury retired for a short time, turned with a verdict.

• MICHAEL BLANCHE, GUILTY, DEATH.
• EMANUEL BATHA, NOT GUILTY.

Proclamation was immediately made; and Sir JAMES MARRIOT passed sentence of DEATH on Michael Blanche, to be hanged on Monday next, and afterwards to be dissect­ed and anatomized.

[Page 59]Sir JAMES MARRIOT, afterwards, res­pited the EXECUTION of the three prisoners to Thursday the 27th, on account of the Tide; but desired they might be told, not to flatter themselves, on that account, with any hopes of further time.