State Trials, Political and Social Volume II Part 35

THE RECORDER--How long did the cry of murder continue?

BUCHANAN--About three or four minutes; soon after the captain had ordered me to keep back, he called for a candle, and I carried one down, and he gave me the sword, and bid me stand upon my post; and said he, if my brother makes any more noise, let him alone and send for me; and he locked the purser's cabin-door, and took the key away with him; and in the morning the doctor's mate, the cooper, and I consulted together about it; and I was willing to know, if sir John was dead or not: and when we peeped into the cabin, we saw him lying in a very odd sort of posture, with his hat over his face, and one of his legs lay crooked; upon which we concluded he was dead.

THE RECORDER--How long were you off your post from first to last?

BUCHANAN--I can't tell exactly.

THE RECORDER--Recollect as well as you can.

BUCHANAN--About three quarters of an hour.

THE RECORDER--And could you see who was at the purser's cabin-door all that time?

BUCHANAN--Yes, Sir; I saw the captain stand at the foot of the ladder at the door, with a drawn sword, from the time I went up to the time I came down again; he locked the door, and carried the key away with him.

VERNON--Pray, were there any bolts on the purser's cabin-door?

BUCHANAN--Yes, there were bolts on the door; they were put on soon after sir John came on board: sir John was in that cabin when they were put on.

VERNON--You say you heard a noise and outcry of murder; how far were you from the cabin-door when you heard that cry of murder?

BUCHANAN--I was walking to-and-fro the gun-room.

VERNON--How far is that from the purser's cabin-door?

BUCHANAN--As far as I am from you.

VERNON--Whom did you see go into the purser's cabin to sir John?

BUCHANAN--I saw Mahony go in there.

VERNON--Did you see any other person go in besides Mahony?

BUCHANAN--No, I did not; I saw Mahony go in just before the cry of murder, but no other person.

VERNON--Do you know any thing about securing the captain?

BUCHANAN--Yes, I will tell you what happened then. We went and secured him. As soon as he was laid hold of, he cried out, Hey!

hey! what have I done? We told him his brother was murdered, and that he had some concern in it. He said, What if the villains have murdered my brother, can I help it? I know nothing of it.

GOODERE--Did you see me in the cabin at all?

BUCHANAN--No, Sir, I don't say you were in the cabin.

THE RECORDER--Mr. Goodere, the witness does not say he saw you in the cabin, but at the door, and with a sword in your hand, and that you handed in a light after the cry of murder was over.

GOODERE--I could not have been in the cabin without Buchanan's seeing me go in, because he stood at the bulkhead of the gun-room.

THE RECORDER--Mahony, will you ask this witness any questions?

MAHONY--Are you certain that I was in the cabin when you heard the groans?

BUCHANAN--I am positive you were there in the purser's cabin when I heard the murder cried out.

_Daniel Weller, sworn._

VERNON--I think you are the carpenter belonging to the _Ruby_ man-of-war?

WELLER--Yes, Sir, I am.

VERNON--Give an account to Mr. Recorder and the jury of what you know relating to this business.

WELLER--The 18th of January last, about seven o'clock in the evening, the captain came on board in the barge; as I attended him, I observed he seemed in a pleasant humour, he came upon the deck at once, and said he had brought a poor crazy man on board, who had been the ruin of himself and family, and that he had now brought him on board to take care of him: he took him down to the c.o.c.k-pit, and having been there a little while, one of my people came and asked for some bolts; I asked, What for?

He told me it was to put on the outside of the purser's cabin-door, to bolt the crazy gentleman in. I gave him a bolt; after he had nailed it on, he came and wanted another: I had another, gave it to him, and went down to see the bolts put on.

Sir John cried out, What are you doing, nailing the door up? I answered, No. I ordered the door to be opened, to turn the points of the nails. The door being opened, sir John asked whether the carpenter was there? I told him I was the man. The centinel told me no-body must go in there; however, I went in, while they turned the points of the nails. Sir John bid me sit down, and asked me, What does my brother mean by bringing me on board in this manner, to murder me? No, Sir, says I, I hope not, but to take care of you. He asked me, if his brother told me that he was mad? I saw no more of him till next morning.

VERNON--And what did you see then?

WELLER--Next morning the lieutenant sent me down to see if sir John was dead. I went down and asked the centinel for the key; he told me the captain had been there in the night, and had taken away the key in his pocket. I broke open the cabin-door, and sir John was lying on one side dead, with his right leg half up bent, his hat was over his face, with blood bespattered about his mouth and nose. I went directly up, and told the lieutenant of it.

THE RECORDER--By whose orders did you put the bolts on the door?

WELLER--One of my people came to me for bolts, and told me he was ordered by the captain to put the bolts on; and none of them ever came for any thing to be done, without an order of an officer.

_Edward Jones, sworn._

VERNON--Mr. Jones, I think you are the cooper of the s.h.i.+p _Ruby_?

JONES--Yes, Sir.

VERNON--Were you on board upon Sunday the 18th of January last?

JONES--Yes, Sir, I was.

VERNON--In what cabin did you lie that night?

JONES--I had no cabin, but I made bold to lie in the slop-room that night, having my wife on board.

VERNON--Pray what is that you call the slop-room?

JONES--It is like a cabin.

VERNON--How near is the slop-room to the purser's cabin?

JONES--Nothing but a thin deal-part.i.tion parts it from the purser's cabin.