Indiana Palladium, Volume 3, Number 36, Lawrenceburg, Dearborn County, 15 September 1827 — Page 1

EQUALITY OF RIOHTS IS NATURE'S PLAN AND FOLLOWING NATURE IS THE MARCH OF MAN. Barlow. Volume III. LAWRENCEBURGH, INDIANA; SATURDAY, SEPTEMBER 15f 1827. Number 3G.

From the Richmond Enquirer. PIRACY A JVD MURDER. The peculiar circumstances connect cd with the case of the brig Crawford

which will be developed in the sequel, induced Chief Justice Marshall to hold a special term of the Federal Court for the Fifih Circuit and Eastern Dirlrict ofj Virginia, for the trial of the three Span iards. The Court was held on the 9th inst.: the most material witnesses not being; present it was adjourned from day to dav, until t heir arrival from New York. After they had arrived, four in dictment!., one for Piracy, and three for Murder, were sent to the Grand Jury, who, affer an examination into the testimony, returned ua true bill," as to each. The three prisoners, viz. Pepe, other wise called Jose Hilario Casaies, Couro, otherwise called Joseph Mi rand o, and Felix, otherwise Felix Barbeto, were all charged in the first indictment with Piracy, and in each of the others, with the murder of some one of the persons who were slaughtered by them. The Court was adjourned until the 16th, to give the prisoners time to prepare their defence. The prisoners having been arraigned, pleaded rot guilty to all the indictments. IWr. Sianard, District Attorney for the U 'iied States, conducted the prosecution. The. Court assigned Mr. Leigh, in addition to Mr. Schmidt, who appeared a C ounsel for the arraigned. Mr. Schmidt moved for a postponement of the trial, on the ground that there existed great excitement against the prisoners, and that time was desired to obtaievidence to prove that the representations of one. of the witnesses before the committing Majistrate, as to occurrences at M intanz is, are not strictly correct t and that the prisoners occupy such a station in feociety as to make it improbable that thry would be guilty of the offences charged. The Court overruled the motion. In compliance with a wish expressed toy the prisoners they tere tried separately; and consequently the testimony being the same in each case, was repeated by the witnesses on the three several trials. One df the material witnesses being unable to speak the English language and the prisoners understanding only the Spanish, Mr. Adolphus CroZ't acted as interpreter, on the two first, and Dr. Ijf mosey, on the last trial. In each case Mr. Stanatd slated, at pome length, the facts and circumstances he expected to be disclosed by the testi mony : he was followed by Mr. Leigh who explained the duties which had de volved upon himself and associate by the assignment of the Court. Edmund Dhson,the lirrt witness called, as the Mate of the brig Crawford. From his testimony we Collected the fol lowing facts, which we give, without pursuiogthe oruerot his narrative, or extend ing the statement by pursuing the cross examinations that were had: The brig Crawford was built at troy, Sl registered )ast at Providenre, from which port she sailed about the 6th of April, for Matanzas, in the Inland of Cuba.- Captain Jlenry Brightman,. master, himself mate, and Joseph Deliver, Oliver Potter, Aa Bicknell, Nathaniel P. Dean, and Stephen G'bhs (colored cook,) mariners. After discharging their cargo at Mantarz is, the Captain told him he expected to have some passengers, who were foreigners. About a week before they Hailed, Alexander Tardv came on board and staid all ninht.but returned to shore

the next day. But while taking on! liver prevented him from falling. Dolli- Iards kcPl P a constant huzzaing, exfeoard their homeward cargo, Tardy re-verthen told him that Tardy came tolultinS ad bragging of their exploit, mained on board several day s. Hei the helm, looked into the binnacle andl The vessel w as all a crore of blood : her

thinks it was about three days before they sailed, the prisoners Felix and Couro came on board, brineiingj a small ironbound box, said to contain money. The witness was ordered to put it under the 'i

Captain's birth, in a locker, tfhich hriaild in the water. H" knew them byiafter one of the other Spaniards had

accordingly did, in the presence of Felix who eemed satisfied with their disposi - tion of it. From that time til the vessel ?iird F l')v remained on board, during vhich time much of the cargo was taken in. In the course of the testimony the history of thi box seemed to have an important bearing on the trials, and the witness was cross examined respecting it. Ht said he never saw or new any thing of it afterwards; and did not think that' it could possibly have been brought fromj below, put on board the boat, and sent ashore, without Felix or himself knowing it. lie had understood from the cook, who was a black man, that it had been removed And by consent, this hearsay testimony was permitted to be related and the witness said, he was told by the cook that Felix had caused the box to be removed to a locker under 0thv cupboard, and afterwards to Felix's

own apartment and that this occurred!

before they left the bay of Mataezas. Pepe came on board the day before sailing. The passengers being all on board the vessel was moved out a little from among the other shipping, where she remained until her papers were obtaiued and there was no longer any cause ot delay. She sailed on the 23th May. Nothing remarkable occurred until the morning of the 1st of June they breakfasted about 0 o'clock. Tardy seemed to be somewhat officious on the occasion. Ue helped the witness to some fried eggs and ham and a bowl ot chocolate. Witness spilt some of the chocolate; Tardy insisted upon it, anu actually replenished the bowi. After breakfast he retired to the state room to get some rest, having been up all night. He soon felt very giddy in the head and sick at the stomach. The Captain soon came down, and when he ascertained his situation, invited Tardy, who professed to be a Doctor to come down and see him. T. did so; said he was billious and proposed an emetic. Mr. Robinson, the supercargo, advised him to have nothing to do with his medicine, and he determined to defer it until the nexi morning. He came on deck and laid down on a maltrass, where he re mained all day quite sick, vomiting occa sionally. In the evening Robinson told him that he had no doubt but that Tardy had given them all poison; and that ior the future they must eat nothing but what was served by their own cook ; that Couro had come on board in the capaci ty of a servant, and that he must be made to cook for the Spaniards. The witness had no suspicion at that time ot being poisoned, as the cook had not told him ot Tardy's agency io cooking the breakfast. In the evening about 8 o' clock, he went into the cabin, and found the Captain quite unwell wiih the astnma anu coimh; who invited him to sleep along side of him, and said that Robin son would stay in the same cabin with them. As the weather was warm and he felt some solicitude about the vessel, he declined and came on deck wheie he lay about 4 hours, or until about 2 o'clock, when Dolliver, one of the sea men, came to the relief of the man at the helm. There was no moon and the night a clear star-light night. He gave D. orders to apprize him of any change m the weather, anu then slept, he thinks until between 1 and 2 o'clock, when he was suddenly awoke by a noise, the cause of which he did not understand. H ; ran forward, and as soon as he got a lime oeyonu me wmaiass, ne saw a man standing with a knife in his hand, by whom lie was severely st.bbed in the shoulder, (the witness1 arm was still in a sling.) In a state of great excitement and alarm, he ran across the vessel where he found Potter, a sailor, standing in a reclined position, who said he was stabbed, and asked if they could get no assistance? J he witness seized a handspike from the long boat and attempted! to get into the main rigging. He found! DoUivcr and Potter had both ascended1

before him, and the blood from theii V V -v' . PJedSetl bimselt again to that wounds was streaming down like rainiet,ect A jlu Plrates then went to work

over him and the rigging. lie saw a -r r man about this lime leaning against the railing who in a short time tell as he believed dead. He thought it was the captain and spoke to him, but got no answer; he had since understood it was not the captain. Whilst in this situation Potter fainted, and the witness and D,1. - , ' i

about, but excited no suspicion in his deck, masts, spars, sails, c. The cook mind; then suddenly cut him very badly "'as made to taker buckets of water and in the throat, and took the helm from wash it away; where it could not be gothim. Whilst at the mast head witnessjten off the sails, &e. he w as made to heard Robinson and Nathan overboard paint them over so as to hide it. Pepe.

their voices. They were in great dis-jtixed the rope , hauled up the dead body tress and implored to be permitted tolof the Irish passenger from below, which

come on hoard: but the Spaniards said no, no, no. Robinson kept rather off,! but Nathan came near the vessel and in - treated that a barrel, a plank or an oar might be thrown overboard to him, that he might prolong his existence in that way for a little while, under the desperate hope of succour from some vessel that possibly might pass him. But his entreaties did not in the least move the hearts of the Spaniards. They refused and even attempted to plunge a harpoon or some such instrument into him, and to strike him with an oar. Finding his supplications so inhumanly received, he sought and remained with Robinson, until they were both exhausted and sunk to rise no more. The witness also heard two bodies thrown overboard, fie next hsard the Spaniards talking about him 3

&, Tardy soon asked if he was above snd

was wounded &, told him to come down. He refused to do so saying if he did the) would kill him, and preferred staying where he was and dying with his shipmates. Tardy told him the Spaniards said they would not hurt him, and that if he would come down he would give him his word of honor he should be safe. One of his shipmates begged him for God's sake not to go down to be butchered; lie, however, did so, upon Tardy' assurances. After getting on deck, Tardy and the three Spaniards came around him. Tardy questioned him about the box of money; and said lhat the Captain, before they sailed from Matai z is, had ent the money onshore, and thai the. Spaniards had determined cot to come to the United Stales and have a suit about it, but to seize upon the vessel, andv do themselves justice. lit agreed that he would assist them in navigating the vessel. At his request he i as then laid down by them, and Tardy ordered up the medicine chest to dress ids wound, but the Spaniards, as he understood them, said no, no, lime enough yet. Tardy having ascertained from him who else were aloft ordered them to come down, one at a time. After a while Dollivar came down. Tardy stood atJ the helm, and the Spaniards went round Dollivar, and after some conversation among them, he saw Couro stab Dolliver; Pepe then ran upon him, and, striking him in the breast, he fell overboard. He heard Dolliver call to Potter from the water and teil him not to come down, tor it he did, the barbarous wretches would kill him. Some short time after, he heard Potter tumble trom the masthead and tall overboaid without a groan. After day-light, Pepe and Couro load' ed two muskets, went forward and called up a man (Bicknel) from the forecastle, who had no shirt on, and seemed to he wounded, having something like a handkerchief tied around his breast. While Bicknel was sitting on the rail, one of them fired a musket at him, and he tell overboard. 1 he other then tired, and the witness thought hit him, for he heard him groan heavily. . They then called down the cook, who had hid him self, and was until then unperceived in another par' of the rigging, ordered him to go to work cooking breakfast, which lie promptly obeyed. The witness saw a knife lashed to a stall, two of the Span iards were wnnoutsiurts and besmeared with blood, with their bloody knives -tick ing in girdles about their wait9. There was a bottle of spirits sitting i;ot far from where he was, to which the Spaniards went and drank. Tardy observing that the witness was almost overpoweied by the horrid butchery he had witnessed, and the appalling sight of the blood thirs ty monsters, then exulting in the success ot tneir more than savage cruelties, at tempted to allay his fears, by telling mm mat these Spaniards had been i i i ... arinuing an night and were not yet dru,lk a,,d notwithstanding what had happened and the appearance of their ves, they would not hurt him; and he in destroying all the papers belonging to the vessel, which were thrown into the sea. The leaves of the bibles belonging to some of the men were torn out, and also thrown overboard, as were the sea clothing of the sailors. During this destruction of these evidences of the character of tho vessel, Tardy and the Span- , IB j" was thrown oyemoanl, '1 he command of the vessel was assumed by 1 ard v, who knew very little of navigation; the Spaniards knowing nothing about it, not being able even to splice a rope. The services of the witness were therefore necessary to them. From what he had seen ot the men, in whose power he w as, he was prepared to execute any order they might give him, even if ithadbeen tothrow himself into the deep. He therefore, obeyed them; but with the faintest hope imaginable, of ultimately gaining his freedom or saving his life. During the dreadful scene, the French passenger was near Tardy at the helm, and showed every mark of suffering and sympathy. Tardytold the witness that the Frenchman w as a good and intelligent man 3nd would be of sojjie service to the-

Tardy showed the witness a complete set of Spanish papers for the vessel, representing her to belong to the Port ot Havana, bound by way of Matanzas to Humbarg in Europe; (These papers were exhibited in Court as part ol the evidence, to show that the Piracy was planned, and the mode of executing it arranged before the prisoners left Matanzas. The genuiness of the papers had no bearing on the case; and we have no means of judging that point, for maritime

cases are of rare occurrence in our city .) Tardy told the witness he had paid nine doubloons for them, and if the govern ment knew he had procured them, the officer who gave them to him would lose his place. He explained his intention to the witness, of going to Hamhurjj, and conversed with him about the course to steer, the condition of the vessel, her stores, See Felix appeared to he i.exl m authority, and also said they were going to Hamburg, and intimated to the witness that he should share equally in the proceeds of the cargo in Hamburg . i rri i ii- ii- v. . t witn iaruv anu nimseir. uui as io me other Spaniards they were to have only a little, as they were inferior sort of men. This the witness was made to understand by signs. They then proceeded to dress his wound, t after the sun became oppressive to him on deck, lie was removed into the cabin, on reaching which, he fainted. When he revived he heard a noise, and lookii g round, observed that Felix was breaking open his chest. He told him where to find the key, which was procured, and the chest opened. His sea clothes were taken out and throw n overboard, some trifling articles of clothing were taken with his pocket book, and a small sum of monev. The money w as carried to the state room, and put into a common stock composed of the money they got hold of. (The pocket book was found in the possession of Felix, w hen taken by the officers from Old Point, and was in Court.) The witness here related the conversation between himself and Tardy as to the improbability of getting to Hamburg without mariners, and with the small stock of provisions they had. It resulted in a determination to make to the nearest port in the United States, and to take in hands and provisions; and they sailed for St. Mary's, which they nearly reached, but ow ing to contrary winds, they could not make. The wind was favorable to their going to Savannah or Charleston but Tardy would not consent to go to either port. . He had resided at one place and failed there in business, and was known too well in both to venture to either. They then determined to sail to the Chesapeake, and barely call at the first port for men and provi sions. The witness here gave a long account of what occurred atter they en tered the Capes, and before they arrived at Old Point. 1 hey were spoken byfour different pilots all of whom Tardy refused. The last, however, attempted to goon board, and .Tardy was induced by the witness to permit it, to prevent suspicion, as the name of the vessel had been efficed the day after the murder of the crew. But before the pilot board-! ed, Tardy gave orders to the Spaniard. - aud witnesses how to deport themst Ives, so as mitvoiu lue possioiuiy oi discovery, He conjured the witness not to betray him, he had saved the w itness' life and he must be true to him. The wituesi says he quieted his fears, and was clap - ped on the breast bv Tardy, who declar ed he was just as him, &c. The other details are unimportant. The vessel be in brought to anchor off Old Point Comfort, 1 ardy announced his intention of qoing on shore, and promised the witness a good mess of eggs, and fresh mca?, for he

had been living on sail provisions lonjr'ter day break thev loaded two puns. mi

enough The witness said he had no idea of stay ing on board himself that night, if by any stratagem, he could get ashore. He had seen oue or more-bun-dies cf iron tied up, and had previously ascertained from Tardy lhat they were in readiness to sink the cook when they killed him. The three Spaniards and the cook w ere sent aloft to reef the tails, and he proposed to Tardy to assist in getting the boat ready, and to bring it alongside for him. His proposition was consented to with some reluctance, and he got into the boat to take out the plug to let the water that was in her escape, and desired that the French passenger should take one rope and Tardy the other and let the boat down. This they did. As soon as she touched the water instead of bringing her alongside, he made for the shore with all his strength. He knew there were no loaded arms on board, and that bs waa shfc. Tardy asked hira ai he

was going off, if he would betray him, he answered no, and hastened to the shore., where he related the sad story to the officers in command and entreated them to go on board immediately, that they mght save the lives of the Frenchman and the cook. He had noticed the aversions shewn by the Frenchman to the Spaniards from the fatal 1st June, and ttiat he avoided all intercourse with them as much as he could and the witness felt a deep interest in the preservation of his life. ' , Ah. FircUnu:id Ginoulhiac, the next witness t x.uiuia d, is a native, of the province ot Lai guedoc in France, and hag resided as a merchant in Matai zas it-i1 seven years. He is a man oi good countenance and deportment, and is unabie lo speak a word ot English. He said he knew nothing of the nngCrawfcru until he took his passage on board of her. Besides himsell there weie sis passengers and the supercargo Tardy the ihrce Spaniards and two men who spoke English. He did not think hu had ever heh re seen Tardy or the Spaniards to know them. His uetaii ot the ciitumsta. res and tune ol sailing, and oi the event ot the buuhery oi the captain and

crew, in ueaily all (he mam paiticuiars9 ct riesponded txaitly, with tne testimony oi Mr. Dohsoi.. . It is unnecessary to recapitulate those pans ol this uagtcal .-lory, that have been already, lold witness saw some things winch iVlr, Dobson did not, and as he undeistunds Spanish, knew more of the cunxeisntioi.s and intentions ol the DtsperaUots but we shall omit tho e pans oi this testimony that h..ve been embraced above. He taid he had come on heard with the intention of going to er York to attend to some commercial business in that city . The Span h passengers told him they had 'i 7,000 on board, were going to iSt-w York lo puichase a vessel, and intended lo go to me coast of Africa. . On the first ol June he uoiiced that the crew were taken sick; ihe mate (Dobson) being much moie go than any of the rest. He did not know the cause, but was told alter the massacre by the Spaniards, that ,lhe, capiainj wanted to poison every body on board that he might get the muney ol the passei geis. He sit pt on oeck ll.enighloi ilia firsl ot J ui e about 2 or 3 uxloik he was roused by noise on ttie deck. , He found Tardy at the t elm. near winch he lay. h was dark, and he could not well distinguish things but he saw men struggling two or three yards lrom him, one oi them fell. He did not know who they were; Pepe told him afterwards he was killing the captain; but Felix insisted that he had killed the captain. Very soon he saw a man despatching" some one with an axe, and he recognized ther voice oPPepe, w ho afterwards loid him it was so. He saw a man coming up from the cabin, and one of ihe Spaniaidd stabbed him, and he fell back mio Uiu cabin. He recogiait d him lo be the man who spoke English and had a sore on his leg (which was the case, by Mr. Dobson's it siimony , with the Iris;, pas senger.) Felix uld him that he had killed turn, ai d lhat he thought at the ' time it was Robinson coming up with 0 . gun. At day bieak the w ilutes saw Robinson and the gailor m the ler, and confirmed all that Dobsoa had said respecting them. IN her. the man was called down Horn the mast? ; the Spaniards got around him. Pepe asKeu tne oincrs wny they were delaying killing him. Couro replied lhat he wanted to give him a iatal bJow, and not to w ound him. The only gleam 11.1 . 1 .1 of mercy that appears, in this -whnta scene ol savage baibarit?. Pcne ther ran on him and he fell overboard. Afled up a man from below who had som fhini lied round his hmne o - wuofc ia over si wound, and ordered him to jump overboard, w hich he did ; and as he went one of them tired, and as he thiuks missed him. The other shot him after he fell in the water. They then hauled up the dead body from the cabin. They erammed it, and remarked that the stab' given him was the finest they had ever seen in all their jrf5, it had so completely severed th& heart. He heard the. man fall from the rigging as described by Dobson. TheSpaniards, after the butchery was 'over asked Tardy why he had not bought them two knives as he had promised they said all they had were hroken, and if any thing should happen they would have nothing to defend themselves. Tardy promised to hny them the first time he got to land. The clothes oftlie Spaniards were bloody, and threw them into the sea, as they did most of the clothes of the crew and passengers