The Pirates Own Book Part 6

My crimes have been heinous--and although I am now about to suffer for the murder of Mr. Roberts, I solemnly declare my innocence of the transaction. It is true, I stood by and saw the fatal deed done, and stretched not forth my arm to save him; the technicalities of the law believe me guilty of the charge--but in the presence of my G.o.d--before whom I shall be in a few minutes--I declare I did not murder him.

I have made a full and frank confession to Mr. Hopson, which probably most of my hearers present have already read; and should any of the friends of those whom I have been accessary to, or engaged in the murder of, be now present, before my Maker I beg their forgiveness--it is the only boon I ask--and as I hope for pardon through the blood of Christ, surely this request will not be withheld by man, to a worm like myself, standing as I do, on the very verge of eternity! Another moment, and I cease to exist--and could I find in my bosom room to imagine that the spectators now a.s.sembled had forgiven me, the scaffold would have no terrors, nor could the precept which my much respected friend, the marshal of the district, is about to execute. Let me then, in this public manner, return my sincere thanks to him, for his kind and gentlemanly deportment during my confinement. He was to me like a father, and his humanity to a dying man I hope will be duly appreciated by an enlightened community.

My first crime was _piracy_, for which my _life_ would pay for forfeit on conviction; no punishment could be inflicted on me further than that, and therefore I had nothing to fear but detection, for had my offences been millions of times more aggravated than they are now, _death_ must have satisfied all.

Gibbs having concluded, Wansley began. He said he might be called a pirate, a robber, and a murderer, and he was all of these, but he hoped and trusted G.o.d would, through Christ, wash away his aggravated crimes and offences, and not cast him entirely out. His feelings, he said, were so overpowered that he hardly knew how to address those about him, but he frankly admitted the justness of the sentence, and concluded by declaring that he had no hope of pardon except through the atoning blood of his Redeemer, and wished that his sad fate might teach others to shun the broad road to ruin, and travel in that of virtue, which would lead to honor and happiness in this world, and an immortal crown of glory in that to come.

He then shook hands with Gibbs, the officers, and clergymen--their caps were drawn over their faces, a handkerchief dropped by Gibbs as a signal to the executioner caused the cord to be severed, and in an instant they were suspended in air. Wansley folded his hands before him, soon died with very trifling struggles. Gibbs died hard; before he was run up, and did not again remove them, but after being near two minutes suspended, he raised his right hand and partially removed his cap, and in the course of another minute, raised the same hand to his mouth. His dress was a blue round-about jacket and trousers, with a foul anchor in white on his right arm. Wansley wore a white frock coat, trimmed with black, with trousers of the same color.

After the bodies had remained on the gallows the usual time, they were taken down and given to the surgeons for dissection.

Gibbs was rather below the middle stature, thick set and powerful. The form of Wansley was a perfect model of manly beauty.

[Ill.u.s.tration]

HISTORY OF THE ADVENTURES, CAPTURE AND EXECUTION OF THE SPANISH PIRATES.

In the Autumn of 1832, there was anch.o.r.ed in the "Man of War Grounds,"

off the Havana, a clipper-built vessel of the fairest proportions; she had great length and breadth of beam, furnis.h.i.+ng stability to bear a large surface of sail, and great depth to take hold of the water and prevent drifting; long, low in the waist, with lofty raking masts, which tapered away till they were almost too fine to be distinguished, the beautiful arrowy sharpness of her bow, and the fineness of her gradually receding quarters, showed a model capable of the greatest speed in sailing. Her low sides were painted black, with one small, narrow ribband of white. Her raking masts were clean sc.r.a.ped, her ropes were hauled taught, and in every point she wore the appearance of being under the control of seamans.h.i.+p and strict discipline. Upon going on board, one would be struck with surprise at the deception relative to the tonnage of the schooner, when viewed at a distance. Instead of a small vessel of about ninety tons, we discover that she is upwards of two hundred; that her breadth of beam is enormous; and that those spars which appeared so light and elegant, are of unexpected dimensions. In the centre of the vessel, between the fore and main masts, there is a long bra.s.s thirty-two pounder, fixed upon a carriage revolving in a circle, and so arranged that in bad weather it can be lowered down and housed; while on each side of the deck were mounted guns of smaller calibre.

This vessel was fas.h.i.+oned, at the will of avarice, for the aid of cruelty and injustice; it was an African slaver--the schooner Panda. She was commanded by Don Pedro Gilbert, a native of Catalonia, in Spain, and son of a grandee; a man thirty-six years of age, and exceeding handsome, having a round face, pearly teeth, round forehead, and full black eyes, with beautiful raven hair, and a great favorite with the ladies. He united great energy, coolness and decision, with superior knowledge in mercantile transactions, and the Guinea trade; having made several voyages after slaves. The mate and owner of the Panda was Don Bernardo De Soto, a native of Corunna, Spain, and son, of Isidore De Soto, manager of the royal revenue in said city; he was now twenty-five years of age, and from the time he was fourteen had cultivated the art of navigation, and at the age of twenty-two had obtained the degree of captain in the India service. After a regular examination the correspondent diploma was awarded him. He was married to Donna Petrona Pereyra, daughter of Don Benito Pereyra, a merchant of Corunna. She was at this time just fifteen, and ripening into that slight fullness of form, and roundness of limb, which in that climate mark the early pa.s.sing from girl into woman. Her complexion was the dark olive tinge of Spain; her eyes jet black, large and l.u.s.trous. She had great sweetness of disposition and ingenuousness.

To the strictest discipline De Soto united the practical knowledge of a thorough seaman. But "the master spirit of the whole," was Francisco Ruiz, the carpenter of the Panda. This individual was of the middle size, but muscular, with a short neck. His hair was black and abundant, and projected from his forehead, so that he appeared to look out from under it, like a bonnet. His eyes were dark chestnut, but always restless; his features were well defined; his eye-lashes, jet black. He was familiar with all the out-of-the-way places of the Havana, and entered into any of the dark abodes without ceremony. From report his had been a wild and lawless career. The crew were chiefly Spaniards, with a few Portuguese, South Americans, and half castes. The cook was a young Guinea negro, with a pleasant countenance, and good humored, with a sleek glossy skin, and tatooed on the face; and although entered in the schooner's books as free, yet was a slave. In all there were about forty men. Her cargo was an a.s.sorted one, consisting in part of barrels of rum, and gunpowder, muskets, cloth, and numerous articles, with which to purchase slaves.

The Panda sailed from the Havana on the night of the 20th of August; and upon pa.s.sing the Moro Castle, she was hailed, and asked, "where bound?"

She replied, St. Thomas. The schooner now steered through the Bahama channel, on the usual route towards the coast of Guinea; a man was constantly kept at the mast head, on the lookout; they spoke a corvette, and on the morning of the 20th Sept., before light, and during the second mate's watch, a brig was discovered heading to the southward.

Capt. Gilbert was asleep at the time, but got up shortly after she was seen, and ordered the Panda to go about and stand for the brig. A consultation was held between the captain, mate and carpenter, when the latter proposed to board her, and if she had any specie to rob her, confine the men below, and burn her. This proposition was instantly acceded to, and a musket was fired to make her heave to.

This vessel was the American brig Mexican, Capt. Butman. She had left the pleasant harbor of Salem, Ma.s.s., on the last Wednesday of August, and was quietly pursuing her voyage towards Rio Janeiro. Nothing remarkable had happened on board, says Captain B., until half past two o'clock, in the morning of September 20th, in lat. 38, 0, N., lon. 24, 30, W. The attention of the watch on deck was forcibly arrested by the appearance of a vessel which pa.s.sed across our stern about half a mile from us. At 4 A.M. saw her again pa.s.sing across our bow, so near that we could perceive that it was a schooner with a fore top sail and top gallant sail. As it was somewhat dark she was soon out of sight. At daylight saw her about five miles off the weather quarter standing on the wind on the same tack we were on, the wind was light at SSW and we were standing about S.E. At 8 A.M. she was about two miles right to windward of us; could perceive a large number of men upon her deck, and one man on the fore top gallant yard looking out; was very suspicious of her, but knew not how to avoid her. Soon after saw a brig on our weather bow steering to the N.E. By this time the schooner was about three miles from us and four points forward of the beam. Expecting that she would keep on for the brig ahead of us, we tacked to the westward, keeping a little off from the wind to make good way through the water, to get clear of her if possible. She kept on to the eastward about ten or fifteen minutes after we had tacked, then wore round, set square sail, steering directly for us, came down upon us very fast, and was soon within gun shot of us, fired a gun and hoisted patriot colors and backed main topsail. She ran along to windward of us, hailed us to know where we were from, where bound, &c. then ordered me to come on board in my boat. Seeing that she was too powerful for us to resist, I accordingly went, and soon as I got along-side of the schooner, five ruffians instantly jumped into my boat, each of them being armed with a large knife, and told me to go on board the brig again; when they got on board they insisted that we had got money, and drew their knives, threatening us with instant death and demanding to know where it was. As soon as they found out where it was they obliged my crew to get it up out of the run upon deck, beating and threatening them at the same time because they did not do it quicker. When they had got it all upon deck, and hailed the schooner, they got out their launch and came and took it on board the schooner, viz: ten boxes containing twenty thousand dollars; then returned to the brig again, drove all the crew into the forecastle, ransacked the cabin, overhauling all the chests, trunks, &c. and rifled my pockets, taking my watch, and three doubloons which I had previously put there for safety; robbed the mate of his watch and two hundred dollars in specie, still insisting that there was more money in the hold. Being answered in the negative, they beat me severely over the back, said they knew that there was more, that they should search for it, and if they found any they would cut all our throats. They continued searching about in every part of the vessel for some time longer, but not finding any more specie, they took two coils of rigging, a side of leather, and some other articles, and went on board the schooner, probably to consult what to do with us; for, in eight or ten minutes they came back, apparently in great haste, shut us all below, fastened up the companion way, fore-scuttle and after hatchway, stove our compa.s.ses to pieces in the binnacles, cut away tiller-ropes, halliards, braces, and most of our running rigging, cut our sails to pieces badly; took a tub of tarred rope-yarn and what combustibles they could find about deck, put them in the caboose house and set them on fire; then left us, taking with them our boat and colors. When they got alongside of the schooner they scuttled our boat, took in their own, and made sail, steering to the eastward.

As soon as they left us, we got up out of the cabin scuttle, which they had neglected to secure, and extinguished the fire, which if it had been left a few minutes, would have caught the mainsail and set our masts on fire. Soon after we saw a s.h.i.+p to leeward of us steering to the S.E. the schooner being in pursuit of her did not overtake her whilst she was in sight of us.

It was doubtless their intention to burn us up altogether, but seeing the s.h.i.+p, and being eager for more plunder they did not stop fully to accomplish their design. She was a low strait schooner of about one hundred and fifty tons, painted black with a narrow white streak, a large head with the horn of plenty painted white, large maintopmast but no yards or sail on it. Mast raked very much, mainsail very square at the head, sails made with split cloth and all new; had two long bra.s.s twelve pounders and a large gun on a pivot amids.h.i.+ps, and about seventy men, who appeared to be chiefly Spaniards and mulattoes.

[Ill.u.s.tration: _Pirates robbing the brig Mexican of Salem, Ma.s.s._]

The object of the voyage being frustrated by the loss of the specie, nothing now remained but for the Mexican to make the best of her way back to Salem, which she reached in safety. The government of the United States struck with the audacity of this piracy, despatched a cruiser in pursuit of them. After a fruitless voyage in which every exertion was made, and many places visited on the coast of Africa, where it was supposed the rascals might be lurking, the chase was abandoned as hopeless, no clue being found to their "whereabouts."

The Panda after robbing the Mexican, pursued her course across the Atlantic, and made Cape Monte; from this she coasted south, and after pa.s.sing Cape Palmas entered the Gulf of Guinea, and steered for Cape Lopez which she reached in the first part of November. Cape Lopez de Gonzalves, in lat. 0 36' 2" south, long. 80 40' 4" east, is so called from its first discoverer. It is covered with wood but low and swampy, as is also the neighboring country. The extensive bay formed by this cape is fourteen miles in depth, and has several small creeks and rivers running into it. The largest is the river Nazareth on the left point of which is situated King Gula's town the only a.s.semblage of huts in the bay. Here the cargo of the Panda was unloaded, the greater part was entrusted to the king, and with the rest Capt. Gilbert opened a factory and commenced buying various articles of commerce, as tortoise sh.e.l.l, gum, ivory, palm oil, fine straw carpeting, and slaves. After remaining here a short time the crew became sickly and Capt. Gilbert sailed for Prince's Island to recover the health of his crew. Whilst at Prince's Island news arrived of the robbery of the Mexican. And the pirate left with the utmost precipitation for Cape Lopez, and the better to evade pursuit, a pilot was procured; and the vessel carried several miles up the river Nazareth. Soon after the Panda left Prince's Island, the British brig of war, Curlew, Capt. Trotter arrived, and from the description given of the vessel then said to be lying in the Nazareth, Capt. Trotter knew she must be the one, that robbed the Mexican; and he instantly sailed in pursuit. On nearing the coast, she was discovered lying up the river; three boats containing forty men and commanded by Capt. Trotter, started up the river with the sea breeze and flood tide, and colors flying to take the desperadoes; the boats kept in near the sh.o.r.e until rounding a point they were seen from the Panda. The pirates immediately took to their boats, except Francisco Ruiz who seizing a fire brand from the camboose went into the magazine and set some combustibles on fire with the laudable purpose of blowing up the a.s.sailants, and then paddled ash.o.r.e in a canoe. Capt. Trotter chased them with his boats, but could not come up with them, and then boarded the schooner which he found on fire. The first thing he did was to put out the fire which was in the magazine, below the cabin floor; here was found a quant.i.ty of cotton and brimstone burning and a slow match ignited and communicating with the magazine, which contained sixteen casks of powder.

The Panda was now warped out of the river and anch.o.r.ed off the negro town of Cape Lopez. Negociations were now entered into for the surrender of the pirates. An officer was accordingly sent on sh.o.r.e to have an interview with the king. He was met on the beach by an ebony chief calling himself duke. "We followed the duke through the extensive and straggling place, frequently buried up to the ankles in sand, from which the vegetation was worn by the constant pa.s.sing and repa.s.sing of the inhabitants. We arrived at a large folding door placed in a high bamboo and palm tree fence, which inclosed the king's establishment, ornamented on our right by two old honeycombed guns, which, although dismounted, were probably, according to the practice of the coast, occasionally fired to attract the attention of pa.s.sing vessels, and to imply that slaves were to be procured. On the left of the enclosure was a shed, with a large s.h.i.+p's bell suspended beneath, serving as an alarum bell in case of danger, while the remainder was occupied with neatly built huts, inhabited by the numerous wives of the king.

"We sent in to notify him of our arrival; he sent word out that we might remain outside until it suited his convenience. But as such an arrangement did not suit ours, we immediately entered, and found sitting at a table the king. He was a tall, muscular, ugly looking negro, about fifty years of age. We explained the object of our visit, which was to demand the surrender of the white men, who were now concealed in the town, and for permission to pa.s.s up the river in pursuit of those who had gone up that way. He now expressed the most violent indignation at our presumption in demanding the pirates, and the interview was broken off by his refusing to deliver up a single man."

We will now return to the pirates. While at Prince's Island, Capt.

Gilbert bought a magnificent dressing case worth nearly a thousand dollars and a patent lever watch, and a quant.i.ty of tobacco, and provisions, and two valuable cloth coats, some Guinea cloth and black and green paint. The paint, cloth and coats were intended as presents for the African king at Cape Lopez. These articles were all bought with the money taken from the Mexican. After arriving at the Nazareth, $4000 were taken from the trunk, and buried in the yard of a negro prince.

Four of the pirates then went to Cape Lopez for $11,000, which had been buried there. Boyga, Castillo, Guzman, and the "State's Evidence,"

Ferez, were the ones who went. Ferez took the bags out, and the others counted the money; great haste was made as the musquitoes were biting intolerably. $5000 were buried for the captain in canvas bags about two feet deep, part of the money was carried to Nazareth, and from there carried into the mountains and there buried. A consultation was held by Capt. Gilbert, De Soto, and Ruiz, and the latter said, if the money was not divided, "there would be the devil to pay." The money was now divided in a dark room and a lantern used; Capt. Gilbert sat on the floor with the money at his side. He gave the mate about $3000, and the other officers $1000, each; and the crew from $300 to $500, each. The third mate having fled, the captain sent him $1000, and Ruiz carried it to him. When the money was first taken from the Mexican, it was spread out on the companion way and examined to see if there was any gold amongst it; and then put into bags made of dark coa.r.s.e linen; the boxes were then thrown overboard. After the division of the money the pirates secreted themselves in the woods behind Cape Lopez. Perez and four others procured a boat, and started for Fernando Po; they put their money in the bottom of the boat for ballast, but was thrown overboard, near a rock and afterwards recovered by divers; this was done to prevent detection. The captain, mate, and carpenter had a conversation respecting the attempt of the latter, to blow her up, who could not account for the circ.u.mstance, that an explosion had not taken place; they told him he ought to have burst a barrel of powder over the deck and down the stairs to the magazine, loaded a gun, tied a fish line to the lock and pulled it when he came off in the canoe.

[Ill.u.s.tration: _View of the Negro village on the river Nazareth, and the Panda at anchor._]

The Panda being manned by Capt. Trotter and an English crew, commenced firing on the town of Cape Lopez, but after firing several shots, a spark communicated with the magazine and she blew up. Several men were killed, and Captain Trotter and the others thrown into the water, when he was made prisoner with several of his crew, by the King, and it required considerable negociations to get them free.

[Ill.u.s.tration: _Burying the money on the beach at Cape Lopez._]

The pirates having gone up the river, an expedition was now equipped to take them if possible. The long-boat and pinnace were instantly armed, and victualled for several weeks, a bra.s.s gun was mounted on the bows of each, and awnings fixed up to protect the crew from the extreme heat of the sun by day, and the heavy dews at nightfall. As the sea-breeze and the flood-tide set in, the boats again started and proceeded up the river. It was ascertained the war-canoes were beyond where the Panda was first taken; for fear of an ambuscade great caution was observed in proceeding. "As we approached a point, a single native was observed standing near a hut erected near the river, who, as we approached, beckoned, and called for us to land. We endeavored to do so, but fortunately the water was too shallow to approach near enough.

"We had hardly steered about for the channel, when the man suddenly rushed into the bushes and disappeared. We got into the channel, and continued some time in deep water, but this suddenly shoaled, and the boats grounded near a mangrove, just as we came in sight of a village.

Our crew jumped out, and commenced tracking the boat over the sand, and while thus employed, I observed by means of my gla.s.s, a crowd of natives, and some of the pirates running down the other side of a low point, apparently with the intention of giving us battle, as they were all armed with spears and muskets."

The men had just succeeded in drawing the boats into deep water, when a great number of canoes were observed coming round the point, and at the same instant another large party running down to launch; some more on the beach, when they joined those already afloat, in all made above twenty-eight canoes, and about one hundred and fifty men. Having collected all their forces, with loud whooping and encouraging shouts to one another, they led towards us with great celerity.

We prepared instantly for battle; the awnings were got down to allow room to use the cutla.s.ses and to load the muskets. The bra.s.s guns were loaded with grape shot. They now approached uttering terrific yells, and paddling with all speed. On board the canoes the pirates were loading the guns and encouraging the natives. Bernardo de Soto and Francisco Ruiz were conspicuous, in manoeuvring the negro boats for battle, and commenced a straggling fire upon the English boats. In them all was still, each man had a cutla.s.s by his side, and a loaded musket in his hand. On arriving within pistol-shot a well directed fire was poured into them, seconded by a discharge of the three pounders; many of the b.a.l.l.s took effect, and two of the canoes were sunk. A brisk fire was kept up on both sides; a great number of the negroes were killed, and a few of the pirates; the English loss was small. The negroes now became panic-struck, and some paddled towards the sh.o.r.e, others jumped overboard and swam; the sharks caught several. Captain Gilbert and De Soto were now caught, together with five of the crew; Ruiz and the rest escaped to a village, some ways inland, and with the aid of a telescope it was perceived the negroes were rapidly gathering to renew the combat, urged on by Ruiz and the other pirates; after dislodging them from this village, negociations were entered into by the king of Cape Lopez, who surrendered Ruiz and several men to Captain Trotter. They were carried in the brig Curlew to Fernando Po, and after an examination, were put in irons and conveyed to England, and there put on board the British gun-brig Savage, and arrived in the harbor of Salem on the 26th August, 1834. Her commander, Lieut. Loney, waited upon the authorities of Salem, and after the usual formalities, surrendered the prisoners into their hands--stating that the British Government waived their right to try and punish the prisoners, in favor of the United States, against whom the princ.i.p.al offence had been committed. The pirates were landed at Crownings.h.i.+eld wharf, and taken from thence in carriages to the Town hall; twelve of them, handcuffed in pairs, took their places at the bar.

They were all young and middle-aged, the oldest was not over forty.

Physiognomically, they were not uncommonly ill looking, in general, although there were exceptions, and they were all clean and wholesome in their appearance. They were now removed to Boston and confined in prison, where one of them, named Manuel Delgarno cut his throat with a piece of gla.s.s, thus verifying the old proverb, _that those born to be hung, will never be drown'd!_

On the 11th of November, Don Pedro Gilbert, _Captain_, Don Bernardo de Soto, _Mate_, Francisco Ruiz, _Carpenter_, Nicola Costa, _Cabin-boy,_ aged 15, Antonio Ferrer, _Cook_, and Manuel Boyga, Domingo de Guzman, _an Indian_, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velasquez, and Juan Montenegro, _alias_ Jose Basilio de Castro, were arraigned before the Circuit Court of the United States, charged with the crime of Piracy. Joseph Perez appeared as _State's evidence_, and two Portuguese sailors who were s.h.i.+pped on board the Panda at Prince's Island, as witnesses. After a jury was empannelled, Mr. Dunlap, the District Attorney, rose and said--"This is a solemn, and also an unusual scene. Here are twelve men, strangers to our country and to our language, indicted for a heinous offence, and now before you for life or death. They are indicted for a daring crime, and a flagrant violation of the laws, not only of this, but of every other civilized people." He then gave an outline of the commission of the robbery of the Mexican.

Numerous witnesses were examined, amongst whom were the captain, mate, and several seamen of the Mexican, who recognized several of the pirates as being the individuals who maltreated them, and took the specie. When Thomas Fuller, one of the crew of the Mexican was called upon to identify Ruiz, he went up to him and struck him a violent blow on the shoulder. Ruiz immediately started up, and with violent gesticulations protested against such conduct, and was joined by his companions. The Court reprimanded the witness severely. The trial occupied _fourteen days_. The counsel for the prisoners were David L. Child, Esq., and George Hillard, Esq., who defended them with great ability. Mr. Child brought to the cause his untiring zeal, his various and profound learning; and exhibited a labour, and _desperation_ which showed that he was fully conscious of the weight of the load--the dead lift--he had undertaken to carry. Mr. Hillard concluded his argument, by making an eloquent and affecting appeal to the jury in behalf of the boy Costa and Antonio Ferrer, the cook, and alluded to the circ.u.mstance of Bernardo de Soto having rescued the lives of 70 individuals on board the American s.h.i.+p Minerva, whilst on a voyage from Philadelphia to Havana, when captain of the brig Leon.

[Ill.u.s.tration: _Explosion of the Panda._]

If, gentlemen, said he, you deem with me, that the crew of the Panda, (supposing her to have robbed the Mexican,) were merely servants of the captain, you cannot convict them. But if you do not agree with me, then all that remains for me to do, is to address a few words to you in the way of mercy. It does not seem to me that the good of society requires the death of all these men, the sacrifice of such a hecatomb of human victims, or that the sword of the law should fall till it is clogged with ma.s.sacre. _Antonio Ferrer_ is plainly but a servant. He is set down as a free black in the s.h.i.+p's papers, but that is no proof that he is free. Were he a slave, he would in all probability be represented as free, and this for obvious reasons. He is in all probability a slave, and a native African, as the tattooing on his face proves beyond a doubt. At any rate, he is but a servant. Now will you make misfortune pay the penalty of guilt? Do not, I entreat you, lightly condemn this man to death. Do not throw him in to make up the dozen. The regard for human life is one of the most prominent proofs of a civilized state of society. The Sultan of Turkey may place women in sacks and throw them into the Bosphorus, without exciting more than an hour's additional conversation at Constantinople. But in our country it is different. You well remember the excitement produced by the abduction and death of a single individual; the convulsions which ensued, the effect of which will long be felt in our political inst.i.tutions. You will ever find that the more a nation becomes civilized, the greater becomes the regard for human life. There is in the eye, the form, and heaven-directed countenance of man, something holy, that forbids he should be rudely touched.

The instinct of life is great. The light of the sun even in chains, is pleasant; and life, though supported but by the damp exhalations of a dungeon, is desirable. Often, too, we cling with added tenacity to life in proportion as we are deprived of all that makes existence to be coveted.

[Ill.u.s.tration: _Thomas Fuller striking Ruiz in Court._]

"The weariest and most loathed worldly life.

That age, ache, penury and imprisonment Can lay on Nature, is a Paradise To that we fear of Death."

Death is a fearful thing. The mere mention of it sometimes blanches the cheek, and sends the fearful blood to the heart. It is a solemn thing to break into the "b.l.o.o.d.y house of life." Do not, because this man is but an African, imagine that his existence is valueless. He is no drift weed on the ocean of life. There are in his bosom the same social sympathies that animate our own. He has nerves to feel pain, and a heart to throb with human affections, even as you have. His life, to establish the law, or to further the ends of justice, is not required. _Taken_, it is to us of no value; given to him, it is above the price of rubies.

And _Costa_, the cabin boy, only fifteen years of age when this crime was committed--shall he die? Shall the sword fall upon his neck? Some of you are advanced in years--you may have children. Suppose the news had reached you, that your son was under trial for his life, in a foreign country--(and every cabin boy who leaves this port may be placed in the situation of this prisoner,)--suppose you were told that he had been executed, because his captain and officers had violated the laws of a distant land; what would be your feelings? I cannot tell, but I believe the feelings of all of you would be the same, and that you would exclaim, with the Hebrew, "My son! my son! would to G.o.d I had died for thee." This boy _has_ a father; let the form of that father rise up before you, and plead in your hearts for his offspring. Perhaps he has a mother, and a home. Think of the lengthened shadow that must have been cast over that home by his absence. Think of his mother, during those hours of wretchedness, when she has felt hope darkening into disappointment, next into anxiety, and from anxiety into despair. How often may she have stretched forth her hands in supplication, and asked, even the winds of heaven, to bring her tidings of him who was away? Let the supplications of that mother touch your hearts, and s.h.i.+eld their object from the law.

After a luminous charge by Judge Story, the jury retired to agree upon their verdict, and at 9 o'clock the next morning came in with their verdict.

_Clerk_. Gentlemen of the Jury, have you agreed upon your verdict?

_Jury_. We have.

_Clerk_. Who shall speak for you?

_Jury_. Our foreman.

The prisoners were then directed severally to rise as soon as called, and receive the verdict of the jury. The Captain, _Pedro Gilbert_, was the first named. He arose, raised his hand, and regarded the jury with a firm countenance and steady eye.