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"JEFFERSON BORDEN " 



MUTINY. 






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:rcuit Court of the United States, 



DiSTBICT OF MASSACHXTSETTS. 



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THE JEFFERSON BORDEN MUTINY. 



RIAL OP 

GEORGE MILLER, 

JOHN GLEW AND 

WILLIAM SMITH 



FOB 



HDBDER ON THE EIBH SEAS. 



Before CLIFFOBD Aim LOWELL^ JJ. 



BOSTON: 
FBIKTED UNDEB DIRECTION OP THE CLERK OP TIIE COURT. 

1876. 



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PREFACE. 



The following pages axe printed to preserve a record of 
one of the most important criminal trials ever had in the 
Courts of the United States. Honorable Kathan Clifford, 
Associate Justice of the Supreme Court of the United States, 
and Honorable John Lowell, District Judge of the United 
States for the District of Massachusetts, presided at this 
trial, and decided many closely contested points of law 
argued in behalf of the prisoners by eminent counsel, two 
of whom have lately held the office of Assistant Attorney 
Oeneral of the United States, and in behalf of the Grovern- 
ment by the Honorable George P. Sanger, Attorney of the 
United States for the District of Massachusetts, and his 
able assistant. Prentice Cummings. Mr. Justice Clifford's 
charge to the jury is very full upon the relative duties of 
the court and the jury in criminal causes and the law of 
eTidence relating to confessions, and his remarks to the 
prisoners. Miller and Smith, on passing sentence, clearly 
define the safeguards which the law has provided for persons 
charged with crime. 

A stenographic report of the trial enables me to present 
the evidence exactly as the several witnesses gave it. The 
story of the mutiny, as told by Mrs. Patterson, the captain's 
wife, will be long remembered by the excited crowd of spec- 
tators who thronged the court-room while she was on the 
witness stand. This story loses none of its interest by being 
reproduced in print. 

JOHN G. STETSO]Sr. 
BoffEON, Jan. 1, 1876. 



TABLE OF CONTENTS. 



TXQM 

XxTDicnnssT «•••• 9 

AmtATQUMKNT, PUEAS OF NOT GUILTT, ETa • . . .14 

AflsiGNUEirr of Counsel to Prisonebs 14 

Smpaneuno of Jvbt, etc. . . .' 14 

Chabge to the Jubt 15 

Vbbdict 35 

BKlffABKB of the CoUBT OK PASSING SENTENCE .... 36 

Sentences of Geoboe Milleb and Wiluam Smith. . . 40 



EVXDEia'CE. 

Examination of CHABiiSS Tift and Geobge W, Towne . . 43 

" "William M. Pattebson (Captain) ... 43 

" Henby Aiken (Cook and Steward) ... 92 

* 

" Jacob Limber (Seaman) ..... 109 

"* Henbt Malaheine (Boy) 125 

" Fbedebio a. PETnoBOVE (Deputy Marshal) . 127 
" Ayeby Plumeb (Passenger on "Batavia") . . 127 

" Henby AiKisN (recalled) 128 

'' William M. Pattebson (recalled) . . . 128 

" Mrs. Emma J. Pattebson (Captain's wife) . 128 

*• Williams. FBOST(Kegistrar, Custom House). 141 

" Kichabd M. Hodges (Physician) . . . 141 

" WiLtiAM L. Bichabdson (Physician) . . 141 



DisTBicT OF Massachusetts. 



THE JEFFERSON BORDEN MUTINY. 



THE UNITED STATES OF AMERICA 

V. 

GEORGE MILLER, 

JOHN GLEW, 

WILLIAM SMITH. 



VUBBSB ON THB HIGH^BXSAS. 



INDICTMENT. 



UKITED STATES OF AMEEIOA 

CmcuiT Court op the United States of Ambbica, J 
Fob the District of Massachusetts. ) 

At a Circuit Court of the United States of America, for 
the District of Massachusetts, begun and holden at Boston, 
ivithin and for said district, on the fifteenth day of May, 
in the year of our Lord one thousand eight hundred and 
seventy-five. 

The Jurors for the United States of America, within and 
for the District of Massachusetts, upon their oath, present : 

That heretofore, to wit, on the twentieth day of April, in 
the year of our Lord one thousand eight hundred and seventy-^ 
five, George Miller, John Glew and William Smith, other^ 
wise called Ephraim Clark, mariners, in and on board of a 
certain American vessel, to wit, the schooner called tho 



10 INDICTMENT. 

*' Jefferson Borden," then and there owned by and belong* 
ing to George G. Towne, Asa F. Tift, Charles Tift and Wil- 
liam M. Patterson, all then and now citiceos of the United 
States of America, on the high seas, within the admiralty 
and maritime jurisdiction of the said United States, and out 
of the jurisdiction of any particular State thereof, with force 
and arms, piratically, feloniously, wilfully and of their malice 
aforethought, upon one Corydon Trask Patterson, in the 
peace of the said United States then and there being, an 
assault did make, and that the said Miller, then and there 
with a certain piece of iron, piratically, feloniously, wilfully 
and of his maUce aforethought, did strike t^e said Corydon in 
and upon the head of the said Corydon, thereby giving to the 
said Corydon, and upon the head of the said Corydon^ with 
said piece of iron, and by said striking with said piece of 
iron, one mortal wound, — a more particular description of 
which wound .is to your said jurors unknown, — of which 
said wound said Corydon did then and there instantly die; 
and that said Glew and said William Smith, otherwise called 
Ephraim Clark, then and there knowingly, piratically, felo- 
niously, wilfully and. of their malice aforethought, were 
present, aiding and abetting the said Miller, the said piracy, 
felony and murder, in manner and form aforesaid, to do, 
commit and perpetrate; and so the jurors foresaid, on their 
oath aforesaid, do say and present that the said George Miller, 
the said John Glew and the said William Smith, otherwise 
called Ephraim Clark, piratically, feloniously, wilfully and 
of their malice aforethought, him the said Corydon Trask 
Patterson then and there, in manner and form aforesaid, did 
kill and murder; against the peace and dignity of the said 
United States, and contrary to the form of the statute in 
such case made and provided. 

And the jurors aforesaid, on their oath aforesaid, do further 
present that heretofore, to wit, on the twentieth day of April, 
in the year of our Lord one thousand eight hundred and 
seventy-five, George Miller, John Glew and William Smith, 
otherwise called Ephraim Clark, mariners, in and on board 
of a certain American vessel, to wit, the schooner called the 



INDICTMENT. Irl 

** Jefferson Borden,',' theji and there owned by and belong- 
ing to George G. Towne, Am F. Tift, Charles Tift ^nd Wil- 
liam M. Patterson, all then and now citizens of the United 
States of America, on the high seas, within the admiralty 
and maritime jurisdiction of the said United States, and out 
of the jurisdiction of any particular State thereof, with force 
and arms, piratically, feloniously, wilfully and of their malice 
aforethought, upon one Cory don Trask Patterson, in the 
peace of the said United States then and there heing, sui 
assault did make, and then and there with a certain piece of 
iron, piratically, feloniously, wilfully and of their malice 
aforethought, did strike the said Cory don, and upon the head 
of the said Corydon, thereby giving to the said Corydon, and 
upon the head of the said Corydon, with said piece of iroiii, 
and by said striking with said piece of iron, one mortal 
wound, — a more particular description of which wound is to 
your smd jurors unknown, — of which said wound said Cory- 
don did then and there instantly die ; and so the jurors afore- 
said, on the oath aforesaid, do say and present that the said 
George Miller, the said John Glew and the said William 
Smith, otherwise called Ephraim Clark, piratically, felo- 
niously, wilfully and of their malice aforethought, him the 
said Corydon Trask Patterson then and there, in manner and 
form aforesaid, did kill and murder; against the peace and 
dignity of the said United States, and contrary to the form 
of the statute in such case made and provided. 

And the jurors aforesaid, on their oath aforesaid, do further 
present that heretofore, to wit, on the twentieth day of April, 
in the year of pur Lord one thousand eight hundred and 
seventy-five, George Miller, John Glew and William Smith, 
otherwise called Ephraim Clark, mariners, in and on board 
of a certain American vessel, to wit, the schooner called the 
**^ Jefferson Borden," then and there owned by and belong- 
ing to George G. Towne, Asa P. Tift, Charles Tift and Wil- 
liam M. Patterson, all then and now citizens of the United 
States of America, on thQ high seas, within the admiralty 
and maritime jurisdiction of the said United States, and out 
of the jurisdiction of any particular State thereof, with force 



12 INDICTMENT, 

and arms, piratically, feloniously, wilfully and of their malice 
aforethought, upon one Cory don Trask Patterson, in the 
peace of the said United States then and there being, an 
assault did make, and him the said Corydon piratically, felo- 
niously, wilfully and of their own malice aforethought, and 
with intent him the said Corydon then and there and thereby 
to kill and murder, did seize and cast overboard from and out 
of said vessel into the said high seas, by reason whereof the 
said Corydon was then and there thereby in said high seas 
suffocated and drowned, and instantly died; and so the jurors 
aforesaid, on their oath aforesaid, do say and present that the 
said George Miller, the said John Glew and the said William 
Smith, otherwise called Ephraim Clark, piratically, felo- 
niously, wilfully and of their malice aforethought, bJTn the 
said Corydon Trask Patterson then and there, in manner and 
form aforesaid, did kill and murder; against the peace and 
dignity of the said United States, and contrary to the form, 
of the statute in such case made and provided. 

And the jurors aforesaid, on their oath aforesaid, do further 
present that heretofore, to wit, on the twentieth day of April, 
in the year of our Lord one thousand eight hundred and 
seventy-five, George Miller, John Glew and William Smith, 
otherwise called Ephraim Clark, mariners, in and on board 
of a certain American vessel, to wit, the schooner called the 
*' Jefferson Borden," then and there owned by and belong- 
ing to George G. Towne, Asa F. Tift, Charles Tift and Wil- 
liam M. Patterson, all then and now citizens of the United 
States of America, on the high seas, within the admiralty 
and maritime jurisdiction of the said United States, and out 
of the jurisdiction of any particular State thereof, with force 
and arms, piratically, feloniously , wilfully and of their malice 
aforethought, upon one Corydon Trask Patterson, in the 
peace of the said United States then and there being, an 
assault did make, and then and there, with a certain piece of 
iron, piratically, feloniously, wilfully and of their malice 
aforethought, did strike the said Corydon, and upon the head 
of the said Corydon, thereby giving to the said Corydon, and 
upon the head of the said Corydon, by said striking with said 



INDIOTUENT. IS 

piece of iron, one mortal wound, — a more particular descrip- 
ti^.of MThich wound is to your saad jurors unknown, — and 
did then and there piratically, feloniously, wilfully and of 
their malice aforethought, lay hold of and cast the said Cory- 
don overboard from and out of said vessel into the said high 
seas, whereby by reason of said striking and said casting 
overboard from and out of said vessel into said high seas said 
Cory don did suffocate, drown and instantly die ; and so the 
jurors aforesaid, on their oath aforesaid, do say and present 
that the said Greorge Miller, the said John Glew and the said 
William Smith, otherwise calllsd Ephraim Clark, on said 
twentieth day of April, on board said vessel and on the 
high seas aforesaid, within the admiralty and maritime juris- 
diction of the said United States, and out of the jurisdiction 
of any particular State thereof as aforesaid, him the said 
Corydon Trasi Patterson by the said striking and casting 
overboard, in manner and form aforesaid, piratically, felo- 
niously, wilfully, and of their malice aforethought, did kill 
and murder; against the peace and dignity of the said TJnited 
States, and contrary to the form of the statute in such case 
made and p!x>vided» 

And the jurors aforesaid, upon their oaths aforesaid, do 
further present, that the District of Massachusetts is the 
district in which the said George Miller, John Glew and 
William Smith, otherwise called Ephraim Clark, were first 
brought after committing the aforesaid offence. 

A true bilL 

PHILIP SHOET, 

Foreman of the Grand Jury. 

GEORGE P. SANGER, 

United States Attorney for the District qf 
Massachusetts. 



14 ABBAIONMENT, VhBJkB, MOTIONS, JUItT, EIO. 



AHRAIGNMENT, PLEAS OF NOT GOILTY. Etc. 

Greorge Miller, John Glevf and William Smith were ar- 
raigned upon the foregoing indictment, on the thirty-first day 
of August, 1875, in the Circuit Court of the United States 
for the District of Massachusetts, the Honorable John Lowell, 
District Judge, presiding, and severally pleaded Not guilty. 
'The Court assigned the follow^g counselors of the Court to 
the prisoners respectively for their defence, pamely: — 

Clement H. Hill and Ritssell Gray, to Miller, 
Walbridoe a. Field and A. £. Pillsbttby, to Glew, 
George Sennott, to Smith. 

• 

The prisoners were severally furnished with a copy of the 
indictment and a list of the jurors in attendance and of th^ 
witnesses to be produced on the trial for proving the indieli- 
ment, and with process to compel the attendance of witaesa^ 
in their behalf, in accordance with the statute in such C9s^ 
made and provided. The twenty-first day oi S^tember, 
1875, was assigned as the day for the trial to common^^e. 



MOTIONS, JURY, Etc. 

On the twenty-first day of Septembex, 1875, the Honorable 
Nathan Clifford, Associate-Justice of the Supreme Court of 
the United States, and.the Honorable John Lowell, Di^frict 
Judge, sitting together and holding the Circuit Court, a plea 
tp the jurisdiction was filed by Smith, and after argument 
overruled; a motion for a separate trial was filed by Glew, 
and after argument overruled; and motions to quash the 
Indictment were filed by Miller and Glew, and after argu- 
ment overruled. A jury was thereupon empaneled and 
sworn, namely: Jared Pratt, Foreman, John Aldred, Milton 
Abbey, William Bower, Stephen A. Burt, Henry Canning, 
Growen Dockum, Frank D. Foster, Jesse Heaven, John Hag- 
gerty, Edmund Strickland and Geoige P. Strange. 



^B4MQn TO TH]3 JUBT. ^5 

iSiieh of the jufors before being swora answered each pf 
tb^ ^k>wing questions in the negative, namely:-^ 

1. Are you related to either of the prisoners? 

2. Have you formed or expressed any opinion as to tfee 
guilt or innocence of either of the prisoners? 

3. Bo you entertain such opinion as would preclude you 
from finding a prisoner guilty, charged with an offence pun- 
ishable with death? 

After the evidence was introduced, and after ai^uments by 
the counsel for eaeh of the prisoners and by lixe Honorable 
George P. Sanger, United States AttQm^, Mr. Ju&tice Clif- 
fotd«ihflCrged the jury, as follows: — 



CHARGE TO THE JURY. 

You aire already informed that the pxmm>X9yQ^o^9 MUlor, 
John Glcw and William Smith, stand indicted before yon f^r 
the murder of Ck>rydon Trask Patteison, upon the high s§ia9, 
on the twentieth day of April, 1875, as alleged in the indict- 
ment. At their arraignment they severally pleaded that 
they were not guilty, and put themselves upon the country 
for trial, which country you are, and you were duly empan- 
elled and sworn well and truly to try the issue. 

Seven days have been spent in listening to the evidence 
and the arguments of the counsel, and it now becomes my 
duty^ as the organ of the Couxt on the occasion, to state to 
jou the material rules of law which, in the judgment of the 
Court, are applicable to the case. Considerable time has 
already been consumed in the trial, but the most responsible 
part of your duty remains to be performed, and it is not 
doubted that you will approach its performance with the 
same calm deliberation which has characterized your de- 
meanor throughout the whole course of the tri^l* You have 
been sununoned, empaneled, and sworn in this case to ren- 
der * true verdict therein according to the evidence. Your 
duty k well deseribed in your taihf And if you pecfQzm it 



16 CHARaB TO THE JWBLY. 

ftccording to the oath you have seveially taken, it wiH be 
rightly peifonned, and it cannot be rightly performed in any 
other way. Questions of law, however, must be determined 
by the Court, and in respect to those it is your imperative 
duty to follow the instructions of the Court. Juries are not 
the judges of the law in criminal cases under the jurispru- 
dence of the United States. All questions of fact are exclu- 
sively within your province, and in respect to such questions 
you cannot have any aid from the Court. You must deter- 
mine them from the evidence in the case, after giving due 

- consideration to the arguments of the counsel and the sug- 
gestions of the Court, according to your own independent 
convictions. Trial by jury, in criminal cases, is secured by 
the Constitution, and under the forms of that trial, all ques- 
tions of fact involved in the issue «f not guilty are exclu- 
sively within the province of the jury. In criminal prosecu- 
tions, it is not within the legitimate righlVand proper duty of 
juries to adjudicate and decide upon questions of law as well 
as fact. On the contrary, it is a well settled principle and 
rule, lying at the foundation of the trial by jury, admitted 
and recognized ever since juiy trial has been adopted as an 
established and settled mode of proceeding in courts of jus- 
tice, that it is the proper province and duty of the Court to 
consider and decide all quesUons of law which arise, and that 
the responsibility of a correct decision, in that regard, is 
placed finally on the Court; that it is the proper province 
and duty of the jury to weigh and consider evidence, and 
decide all questions of fact, and that the responsibility of a 
correct decision, in that respect, is placed on the jury. The 
safety, efficacy and purity of jury trial depend upon the 

* steady maintenance and practical application of this princi- 
ple. It would be alike a usurpation of authority and a 
violation of duty for a Court, in a jury trial, to decide 
authoritatively on the questions of fact, or for the jury to 
decide ultimately and authoritatively upon the questions of 
law. The obligations of each are of a like nature, being 
that of a high legal and moral obligation to the performance 
of an important duty, enforced and sanctioned by an oath. . 



GHABGE TO THE JUBT. 17 

Ton^ fint purpose will be to examine end aAderstdxid th^ 
ferae nattO'e and character of the accusation again&t the ptis« 
<Mieri^, as it is eshibited to you in the indictment, wherein it 
id set forth in four forms, all having reference to the same 
taraudactloni 

[Mr. JusTtcx Ci<iTFOBt> here read an analpns of the several 
66unt8 in the incUctVMfUj which is ofnittedy as the indictment is 
pointed in full en page 9 to 13, inclusive.'] 

All crimes and offences against the United States, com- 
ikiitted in any one of the seyeral States composing the Union, 
i^ust be tried in the State and district where the offence waft 
committed. Offences committed upon the high seas, out of 
the limits of any particular State, stand upon a different prin- 
ciple, and must be tried as directed in the second section of 
the third article Of the Constitution, at such place or places 
as the Congress may by law have directed. Congress legis- 
lated very early upon the subject, and the provision first 
adopted is still in full force and unrepealed, and has been 
Mbstantially repeated in a subsequent Act. 

By the eighth section of the Act of April 30, 1790, it was 
X^Mrvided that the trial of crimes committed on the high seas, 
within the admiralty and maritime jurisdiction of the United 
States, out of the juriisdiction of any particular State, shall 
be in the district where the offender is apprehended or into 
which he liiay first be brought. Ko material change is made 
of that provision in the Bevieed Statutes. All of the prison- 
ers were sent home for trial, and were first brought into this 
district; and of course their respective crimes, if any they 
committed, as charged in the indictment, are cognizable in 
the Circuit Court of the United States fortius district. 

Homicide is of various degrees, embracing every mode by 
which the life of one man is taken by the act of another. It 
may be lawful or unlawful, according to the circumstances 
under which it was committed. Tour attention will, how- 
ever, be more particularly directed to two species of criminal 
bomicidie, know'n as murder and manslaughter. Kdither of 
th^se offeno^ft is very fully defined in the Acts of Congress 
'^eMmtg tlKeir punishment. Their definitioiM maai bd 



18 GHABGE TO THE JURT. 

drawn fimn the common law of the States, as it was known 
and understood in the Courts of the States when the judi* 
cial system of the United States was organized. Murder is 
the unlawful killing of any person In the peace of the United 
States, with malice aforethought, either express or implied. 
Malice is an essential ingredient of murder, and constitutes 
the characteristic criterion by which murder is distinguished 
from manslaughter or the other species of homicide. When 
the law makes use of the term '^ malice aforethought," it is 
not to be understood in the sense of maleyolence or ill-will to 
the deceased, but as meaning that the fact was attended with 
such circumstances as are the ordinary indications of a wicked 
and depraved heart, acting voluntarily, regardless of jBOcial 
duty. 

Malice, in common acceptation, means ill-will against a 
person; but in a legal sense, it means that the wrongful act 
charged was done without just cause or excuse. It may be 
express or implied, or rather inferred, from the circumstances 
attending the act. Express malice is, when one person kills 
another with a sedate, deliberate mind and formed design, 
such formed design being evidenced by external circum^ 
stances discovering the inward intent, as lying in wait, ante- 
cedent menaces, former grudges, or any concerted scheme 
to do the party any great bodily harm. Malice may be in- 
ferred from any deliberate, cruel act committed by one per- 
son against another, however sudden the act may be. Ac- 
cordingly, when one man kills another suddenly, without 
such provocation as will excuse or extenuate the act, a jury 
is fully authorized to presmne from the circumstances that it 
was done with malice, as no person, unless of an abandoned 
heart, could be guilty of such an act upon a slight or no 
apparent cause. The law also authorizes the inference that 
the natural or probable effects of any act deliberately done 
was intended by the agent, and in consonance with this prin- 
ciple, if the act producing death be such as is ordinarily 
attended with dangerous consequences, as by the use of a 
deadly weapon, it is strong evidence of -malice, unless the 
circumstances attending the act.were of such a character as 



GHABGE TO THE JUBY. 19 

to explain or rebut that presuxaptic^; and in aU cases where 
death ensues from acts done recklessly, wantonly, or under 
circumstances of inhumanity or cruelty, the question of mal- 
ice is for the consideration of the jury. Manslaughter is the 
unlawful killing of any person in the peace of the United 
States, without malice aforethought, either express or implied. 
It is of two kinds, voluntary and involuntary. Voluntary man- 
slai^hter is, where the act is committed with a real design to 
kill, but from the violence of sudden passion occasioned by 
some great provocation, which the law considers sufficient to 
palliate the offence. Involuntary manslaughter is, where a 
man doing an unlawful act, not amounting to felony, by 
accident kills another, and is distinguishable from homicide, 
excusable from misadventure in this, that misadventure 
always happens in the commission of a lawful act, but invol- 
untary manslaughter in the prosecution of an unlawful act. 
When a person also does an act, lawful in itself, but in an 
unlawful manner, this excepts the killing from the class of 
homicide, excusable through misadventure, and makes it voU 
untaiy manslaughter; and it may be stated, as a general rule, 
that manslaughter differs from murder in this, that though 
tbe act which occasioned the death be unlawful, or likely to 
be attended with bodily mischief, yet the malice, either ex- 
press or implied, which is the very essence of murder, is 
presumed to be wanting, and the act being imputed to the 
infirmity of human nature, the punishment is proportionably 
lenient. 

Such is the chaige against the prisoners, and to that charge 
they have pleaded that they are not guilty, and you have 
been sworn to render a true verdict in the case according to 
the evidence. 

Under the issue in this case you can find all of the prisoners 
not guilty or guilty on all the counts in the indictment, ac- 
cording to the evidence, or you can find one or more not 
guilty on one or more of the counts and guilty on the other 
count or counts, as the case may be; or, in other words, your 
verdict in the case of each of the prisoners should be the 
same as it would be if he was tried separately, in which event 



to CHARGE TO THE JXJkT. 

you iiiight find him guilty or not guilty on all the coontft, dr 
you might find him not guilty on one or more of the <^dunt^ 
and guilty on the other count or counts of the indictment, &s 
the case might he in view of the whole evidence. "Wilful 
ihurdei^ of malice aforethought is alleged in each of the 
C6unts of this indictment, but every such count includes the 
chaige of manslaughter, which, as before remarked, is the 
unlawful killing of any person in the peace of the United 
States without malice aforethought, either express or implied; 
and you are instructed that, under the issue submitted to yott 
in this case, you can, if the evidence shows that the homi- 
cide alleged was committed by the prisoners, and fails to 
show beyond a reasonable doubt that it was perpetrated with 
malice aforethought, either express or implied, find the pris- 
oners not guilty of murder and guilty of manslaughter; but 
your finding in respect to all and each of the prisoners should 
be according to your evidence. These principles of law ard 
applicable to this case, and in determining this issue you will 
bear in mind that the prisoners are presimied to be innocent 
until they are proved guilty by the evidence beyond a reason- 
d.ble doubt. Reasonable doubt is that state of the case when, 
after the entire comparison and consideration of all the evi- 
dence, it leaves the minds of the jurors in that condition that 
they cannot say they feel an abiding conviction to a moral 
certainty of the truth of the charge. It is not a mere possi- 
ble doubt, because everything relating to human affairs and 
depending upon moral evidence is open to some possible oi* 
imaginary doubt. On the other hand, it is not sufficient to 
establish a probability, though a strong one, arising from the 
doctrine of chances, that the fact charged is more likely to 
be true than otherwise ; but the evidence must establish the 
truth of the fact to a reasonable moral certainty, — a certainty 
that convinces and directs the understanding and satisfied 
the reason and judgment of those who are bound to act coa- 
scientiously upon it. It is incumbent upon the government 
to prove, beyond a reasonable doubt, the truth of every fact 
in the indictment necessary in point of law to establish the 
6ffence. Many of the factsi are tiot dontroVert^d, iind to 
some of those your attention will be first called. 



CHARGE TO THE JURY. 21 

You doubtless understand that the deceased, Corydon T. 
Patterson, was the mate of the schooner " Jefferson Borden''; 
that the prisoners were seamen on board that schooner bound 
on a voyage from New Orleans to London, and that they 
shipped as able seamen and that they were rated and paid as 
such ; that William M. Patterson was the master of the 
schooner, that the mate, Corydon T. Patterson, was the 
brother of the master, and that Charles A. Patterson, a 
second cousin of the master, was the second mate. 'Nor is 
it questioned that the ship's company consisted of the master, 
mate, second mate, the three prisoners, one other able sea- 
man, Jacob Limber, the steward, Henry Aiken, and the boy, 
18 or 20 years of age, called Henty. Mrs. Patterson, the wife 
of the master, was also on board. By the evidence it appears 
that the schooner, with a full cargo, left New Orleans on the 
3d of March, in charge of a tug, and that she was towed 
down the river and over .the bar under the command of a 
pilot. Loaded vessels of considerable size usually go down 
the river from that port and over the bar in tow, and usually 
secure the aid of a pilot. She came to anchor outside the 
bar the night of the 4th of March, and sailed from the bar 
on her contemplated voyage on the following day, which was 
' the 5th of March last. After a few days it appears that the 
weather became heavy and that it continued to be so for 
the greater part of the time until the 15th of April, when it 
became fine, in the language of one or more of the witnesses. 
Very little complaint is made of the weather after that during 
the voyage out, and still less from that time until after the 
time when it is alleged that the prisoners murdered the mate. 
Attention is called by one or more of the counsel to the con« 
ditlon of the vessel, and particularly to the fact that the jib- 
boom had been taken in while she iay at the levee and that 
it had not been replaced, and that part of the rigging had not 
been put in order before she left to go down the river; but 
the master states in his evidence that the usual course is to 
take in the jib-boopi at that port while the vessel is lying at 
the leyee, and that it is not uncommon that it is not replaced 
and rigged untii the vessel starts down the river. Such aa 



^ CHARGE TO THE JIT»T. 

explanation deserves to be considered, and inasmach as it is 
not contradicted by other evidence, you are fully warranted 
in regarding it as satisfactory. 

Your attention has also been called to the fact that work 
was required to be done immediately after the vessel sailed 
to put the inner portion of her in order, and it is also sug- 
gested that something was required to be done to tighten 
some of the rigging, and the master states that there was 
some work to do in clearing up, which he thought better be 
done before he divided the crew into two watches. Probably 
his judgment in that regard was better than that of tlu9 
counsel or of the Court, and inasmuch as it does not appear 
that more was required than was reasonable, or that any 
greater delay in ordering watch and watch ensued than was 
necessary to enable the master to judge how it was best to 
constitute the respective watches, you are fully warranted in 
coming to the conclusion that the evidence does not show 
any improper conduct on the part of the master. 

Complaint is also made in argument that the crew were not 
properly fed nor properly supplied with good drinking water. 
Unfounded complaints deserve no consideration, and it will 
be for you to consider whether those complaints find any 
satisfactory support in the evidence. If you believe the 
steward, the vessel was well supplied with all such provisions 
as are usually furnished by ship-owners for the support of the 
ship's company. They had an abundant supply of flour and 
of beef, and he says that the flour and beef were good. 
Masters of vessels are permitted to cany some small stores, 
such as preserves, canned meats, flsh and fruits for their use 
in the cabin, and they doubtless occasionally have some 
delicacies which are not furnished to the seamen; but you 
will weigh the evidence and determine for yourselves 
whether it does not show that the seamen, except in a very 
few instances, were furnished with good bread and beef, and 
generally with substantially the same quality of food as that 
served in the cabin. The steward admits that their bread 
was bad in a few instances and he explains how it happened, 
and it is for you to judge whether his explanations are nol 



CHARGE TO THE JURY. 23 

Batisfactory. Even if you should judge that they are not, it is 
not perceived by the Court that the evidence shows that the 
master was in fault, and even if he were on those occasions, 
it would not afford any excuse or justification to the prisoners 
if it be fully proved that they did and committed the acts 
charged in the indictment. Some water, it is said, was not 
£t to drink, and it appears that one of the casks was damaged 
in a gale, and when the sea broke over the vessel, that some 
of the salt water flowed into the cask and made the whole 
contents brackish. Water to supply vessels, it is said, is 
usually obtained from the river at that port, and it is not 
proved that the contents of the cask in question were brack- 
ish when the vessel sailed, and the master states that when 
it was served to the crew it was used in the cabin, and the 
clear inference from the evidence is that the bracldsh water 
was not used so late in the voyage as the alleged mutiny and 
homicide. Evidence of the kind is not offered as affording 
any defence to the crime charged in the indictment, and if 
it were it could not in any possible view have such an effect. 
Circuit Courts, being Courts of special jurisdiction, it is 
necessary in every case that the indictment should contain 
appropriate allegations to show that the crime charged is cog- 
nizable by the Court in which the indictment is pending. 
Such preliminary allegations are found in each of the four 
counts of the indictment against the prisoners at the bar. 
They are to the effect that the schooner " Jefferson Borden " 
is an American vessel, and that the crime charged was com- 
mitted from or on board said schooner, on the high seas, 
within the admiralty and maritime jurisdiction of the United 
States, and out of the jurisdiction of any particular State of 
the United States. Allegations of the kind must be proved 
in order to show that the 'Offences are cognizable in the Cir- 
cuit Courts. Evidence upon that subject was accordingly in- 
troduced in' behalf of the United States. For that purpose 
the several owners of the vessel were examined, and if you 
believe them, they prove that the vessel was built in the 
United States, and that they, one and all, were citizens of 
the United States. Other witnesses were also examined, 



24 0HAKO9 TO THS JUBT. 

whose testiniony, if you believe them, shows that the Tess^, 
on the voyage in question, was commanded by a citizen of 
the Uoited States, as master; that she was loaded with a 
cargo of domestic products, that she sailed from a port of the 
Uuited States, and that she carried the ^&g of the United 
States throughout the voyage; and you are instructed that 
these facts, if proved beyond a reasonable doubt, are fully 
sufficient to warrant you in finding that the schooner was an 
American vessel^ as alleged in the indictment. Proof of the 
charaoter of the vessel alone, however, is not aufilQient t» 
show the jorijidiction of the Court in the case, as it is also 
alleged that the crime was committed on the high seas within 
the admiralty and maritime jurisdiction of the United States, 
and out of the jurisdiction of any particular State thereof, 
and that the District of Massachusetts is the district in 
which the prisoners were first brought after committing the 
offence. Witnesses were also examined, in behalf of the 
United States, to prove those juriadiciional i^ts, and it is not 
.controverted that the evidence introduced is sufficient for 
that purpose. Whether the witnesses are credible or not is 
for your consideration, but if the evideneo is believed, yon 
are warranted in finding that those allegations are satisfac- 
torily proved and that the jurisdiction of this Court is fully 
shown. 

Homicide if unlawfully committed, with malice afor^ 
thought, from or on board a vessel of the United States, an 
the high seas, within the admiralty and maritime jurisdic- 
tion of the United States, and out of the jurisdiction of any 
particular State thereof, is murder, and as such is cognizable 
in the Circuit Courts, unless where the crime was committed 
by a foreigner, from or on board such vessel, and consisted of 
the killing of another foreigner on board of a foreign vessel, 
belonging to the citizens of a foreign government. During 
the trial, objections were taken by the prisoners to the suffi- 
ciency of some of the counts of the indictment, but those 
objections were overruled, and you are instructed that the 
several counts are sufficient in form and substance. 

Before the Jjiuj was ^npaneled, one or more of the pris* 



qifAKQE TO THE JUUT. Zft 

QQfi|iB- mored that tjiey be tried separately; but tile Cowrt, 
not being satisfied that the reasons oj^ered in support of the 
motion were sufficient to render such course necessary to 
secure a fair trial for the prisoners, overruled the motion, and- 
th^y haye been tried as charged in the indictment.. ' Evidence 
applicable to all tha prisoners you will apply to each in deter- 
mining the issue formed by their respective pleas of not 
guilty; \mt evidence applicable to the case of one of the three 
prisoners and not to the case of the others, you will wholly 
disregard in determining the issue between the United States 
and the others; and you will examine the case of each sepa- 
rately, being careful to remember that the confession of one 
not made in the presence of another is no evidence against 
such other, i)or is it evidence against such other, even if the 
confession was made in his presence and hearing, unless the 
one in whose presence iand hearing the coBdEession was made 
assented to it in some form indicating his acquiescence in 
what was said by the confessing party. These remarks are 
particularly applicable to the confessions of the several pris* 
oners given in evidence in this case; but they hav6 no appli- 
cation to the general evidence, showing the. events of the 
night of the 2Qth of April, nor indeed to the evidence of like 
character, showing the events which preceded and followed 
that night during the ydyage. These events • have been so 
fuUy described by the witnesses, and have been so fully and 
fairly rehearsed ;by the evidence on both sides, that the Gourt 
does not deem it necessary to read the evidence. ■ Without 
any resort to confessions, is not the evidence, when consid- 
ered as a whole, sufficient to satisfy you that Corydon T. 
Patterson died on that night, and that he came to his death 
by the hand of another? Are you not satisfied from that 
evidence that the prisoners. Smith and Miller, planned a 
mutiny that night as early as eight o'clock, and that Glew 
agreed to join in with them, provided the part assigned to 
him did not make it necessary that he should take the 
life of the master, mates or any one on board; smddoes the 
evidence of the events of that night convince you, beyond 
rei^onable doubt, that the leading mutineers w^re the agents 
2 



86 OHABGB TO THE JUBT. 

who killed the mates, and that they intended to kill by vio- 
lence, or ultimately drown all who did not join with them by 
scuttling and sinking the ship? That the prisoners were all 
engaged in mutiny is conceded; and if you believe that, it 
is for you to consider, if they meant to tsJie possession of the 
ship, and ultimately to sink her when they came in sight of 
land, whether the plan, if preconcerted, would not naturally 
contemplate the killing of the master and the mates, as the 
prisoners, it seems, had no hope of any co-operation from 
the officers of the vessel. Miller called out the master from 
his sleeping apartment with a cunningly devised scheme to 
induce him to go forward, but without success; and Smith, 
more successful, induced the second mate to go out on the 
jib-boom. Almost contemporaneous with that. Miller ad- 
vanced towards the mate, armed with the deadly missile 
which has been given in evidence, and, when asked by the 
mate what he wanted, dealt him the mortal blow described 
in the indictment, which felled him to the^ deck with the 
exclamation, " OhI " twice repeated. Where is he? Enough 
appears, it is contended by the United States, even without 
the confession, to satisfy every intelligent and impartial 
mind that his life ended there at that time, and by the 
agency of another. 

These prisoners are not charged in this indictment with 
the murder of the second mate; but if you fully believe from 
the evidence that they were acting on that night in pursu- 
ance of a preconcerted plan to kill the officers of the ship 
and take possession of the vessel and ultimately to scuttle 
and sink her with all alive on board who would not join with 
them, you are warranted in considering the general evidence 
introduced, tending to show that Smith killed the mate, as 
having such tendency, if any, as you think it deserves, to 
support the charge that the mate then and there came to his 
death by the malicious agency of another. Proof of that 
allegation is essential to the case of the United States, and 
if 'not proved beyond a reasonable doubt the prisoners should 
be acquitted. But in determining that issue, you must con* 
sider and weigh the whole evidence introduced to prove it; 



CHARGE TO THE JUBY. 27 

and if the general evidence of the events of that night is 
not, in your judgment, sufficient to prove it beyond a reason- 
able doubt, you will then examine the evidence of the con- 
fessions of the prisoners, subject to the rules already given 
you in charge and such others as the Court will now proceed 
to state. 

Before any confession can be received in a criminal case it 
must be shown that it was voluntary. When offered, the 
practice is to inquire of the witness whether the prisoner 
had been told that it would be better for him to confess or 
worse for him if he did not confess, or whether language to 
that effect had been addressed to him. A free and voluntary 
confession is deserving of the highest credit, because it is 
presumed to flow from the strongest sense of guilt, and 
therefore it is admitted as proof of the crime to which it 
refers; but a confession forced from the mind by the flattery 
of hope or by the torture of fear comes in so questionable 
a shape, when it is to be considered as the evidence of guilt, 
that no credit ought to be given to it, and therefore it is 
rejected. 

Inquiries were allowed to be made of the witnesses in this 
case whether any promise of favor or threat of injury were 
addressed to the prisoners to induce them to make confes- 
sions, and nothing of the kind appearing, the objection to 
the evidence made by the counsel for the prisoners was over- 
ruled. Our ruling is conclusive that the evidence was admis- 
sible; but you are judges of its probative force and effect, 
and if you flnd that the prisoners were told that it would be 
better for them to confess or worse for them if they did not 
confess, or any language to that effect, you will give no 
weight to the confessions. Such a state of fact, however, you 
cannot tihd unless the evidence warrants it, and we think 
yon should give the question very full consideration before 
you come to such a conclusion. Beyond doubt the confes- 
sions in this case were introduced to prove both the fact that 
the mate is dead, and that he came to his death by the un- 
lawful agency of the prisoners. Agency, it is conceded, may 
be proved by confessions, but some doubts aire expressed in 



29 CHARGE TO THE JUBT. 

argument, or intimated, whether such evidence is adiiiissibia 
to prove the fact of death, or the corpus delicti, as expressed 
in technical language. ISio doubt is entertained by the Court 
upon that subject, and we instruct you that the confessions 
of the prisoners, if confirmed by circumstances, ore admissi- 
ble to prove the fact of death in a case where direct evidence 
is unattainable, as in a <^ase like this, or where the body of 
the deceased was consumed by fire. 

[Mr. JusTics G1.IFFORD here read from tlu decision of the 
Court upon the motion in arrest ofjudgm^ent in the case of the 
United States v. Willi€mis and Cox, in the Maine District, 1 

CM. 20.] 

'^ The counsel do not contend for the proposition that a 
'^conviction can in no case be had without a discovery of 
'^ the body of the person alleged to be murdered, although 
^' there are some decided cases which at first reading seem to 
"favor that view of the law; and such undoubtedly is the 
" general rule in the law of felonious homicide, and it is one 
" which ought always to be enforced whenever direct proof 
" exists and it is practicable to obtain it. Lord Hale said 
" he would never convict any person of murder or man- 
" slaughter unless the fact was proved or the body found dead. 
" Cases, however, have occurred and it is greatly to be feared 
"may hereafter occur, where the application of this rule 
" would secure impunity to the murderer, and therefore 
" would be unreasonable, as it would be in the higliest degree 
" prejudicial to the course of criminal justice. A murderer 
" would only have to consume the body by fire, or decompose 
"it by chemical means, or sink it in the depth of the sea, 
" and the laws of society would be powerless to punish the 
" offender. 

" * * « United States v. Gilbert et al, 2 Sum. 19; Burr 
" on Cir. Ev. 679; Bex v. Hindmarsh, 2 Leach, 669; Best on 
" Presumptions, 204, 205. 

" Many other cases might be cited to the same effect, bu! 
"we deem it unnecessary, as the law appears to be wel. 
" settled upon this point, and it is not controverted by th«. 
" counsel of- the prisoners. Assuming, then, that whei^s il 



CHAEGE TO THE JURT. 



29 



* is impossible to discover the body, tlie fact of death may 
*be proved by other means, the inquiry is, by what other 

* means may that proof be made. Must it in all cases be 

* direct proof, or may it be proved by strong and unequivocal 

* circumstances which render it morally certain and leave no 
'reasonable doubt that such is the fact? Kot a doubt is 
' entertained by this Court that it may, in the case supposed, 
' be proved in either of the modes suggested; that is, it may 
' be proved by direct evidence, or where such does not exist, 
' it may be proved by cogent circumstances, provided they 

* are suflScient to produce conviction on the mind of the jury 
' and to exclude every reasonable doubt. It must be so, else 
' the laws for the punishment of felonious homicide are in- 
' sufficient to reach the secret offender, provided he has the 

* opportunity and employs the means to destroy the body." 
Eepeated confessions are proved in this case, and in view 

of the circumstances the Court deem it their duty to call 
your attention to the evidence of the same in considerable 
detail, both to refresh your memories as to what it is, and 
to enable you to apply the instructions heretofore given upon 
the subject with unerring certainty. What we mean is, 
that the confession of one made in the absence of another 
cannot affect that other, nor can it affect him. even if made 
in his presence and hearing unless it appears that he assented 
to it or acquiesced in some form, by silence or otherwise, in 
the statements. We cannot attempt to reproduce all such 
evidence given in the case, but will endeavor to refer to it 
inth considerable minuteness even at the risk of beincr con- 
sidered tedious. 

[Mr. Justice Clifford here read an analysis of 'the evi- 
dence given as to the confessions of each of the x>riso7iers. The 
'portions of the evidence read are printed in this hook on the 
followvng pages ^ namely: — 

Confessions of Miller^ pages 70 to 77, 101 to 104, 117, 
136, 136; 

Confessions of Smithy pages 71, 72, 79, 80, 101, 117, 118, 
136; 

Confessions of Gleto^ pages 81 to 86, 91, 92, 100 to 105, 
108,117,118, 137,138. 



30 <3HARO£ TO THE JCBT. 

1. Sufficient appears from the references made to the 
evidence describing the confessions of Miller to show that 
they were often repeated and in the presence and hearing of 
several witnesses. They were direct and full to the fact 
that Corydon T. Patterson was killed at the time alleged in 
the indictment, and that he, Miller, was the guilty agent. 

Before such evidence can be received in a criminal case, it 
must be shown that the confession was voluntary. When 
offered it was objected that it was not voluntary, and the 
prisoners, by their counsel, were allowed the benefit of a 
preliminary examination of the witnesses to show, if possible, 
that the confessions offered were obtained by promises of 
favor or by threats of injury, but the Court, after argument, 
ruled that the evidence was admissible, and the effect of that 
ruling was to admit the evidence offered; but you may still 
inquire in each case whether the Confession proved was vol- 
untarily made, and if you find, from the testimony in the case, 
that it was not, you will give the evidence no weight what- 
ever; but if you find that it was voluntarily made, without 
promise of favor or threat of injury, to induce the statement, 
then it is competent evidence and proper for your considera- 
tion, and if you believe the witness who testified to the con- 
fession, it is your duty to give it the weight which you 
think it deserves. Oft-repeated confessions of the kind, if 
voluntarily made, are certainly deserving of very careful 
consideration. 

2. Smith's confessions are equally direct and explicit 
to the effect that he knew the pl^n, that it was to be exe- 
cuted that night, that he killed the second mate, that he was 
standing by .the mainmast armed with a capstan-bar, when 
Miller struck the mate the mortal blow, and that he assisted 
Miller in throwing his body overboard; and when asked how 
he could kill the second mate, who had never done him any 
injury, he replied to the effect that if they killed one they 
must kill all. Do you believe these statements and that they 
were voluntarily made ? If so, you must consider them and 
give them such weight as you think they deserve. 

3. Attention will next be called to the confessions o^ 
Glew. Such confessions, if voluntarily made, are admissi- 



■ — 1 



CHARGE TO THE JURY. 31 

ble ; but the rule is, when the confession of the prisoner is 
offered in evidence by a prosecutor, the whole confession 
made at that time must go to the jury, as well that which 
makes in favor of the prisoner as that which tends to prove 
him guOty; and it is for the jury to determine whether a part 
or the whole of it is or is not worthy of credit. Confessions 
of guilt made at one time cannot be disproved by evidence 
that the prisoner subsequently denied that he ever did the act 
admitted in the prior confession, if seasonable objection is 
made by the prosecutor to the admissibility of the evidence 
to prove such denial, but if no such objection is made, and 
the evidence of the subsequent denial is introduced without 
objection, then both the evidence of the subsequent denial 
of- the confession and the evidence of the confession are for 
the consideration of the jury, who are the judges of the 
effect to be given to the whole evidence. 

Glew's confessions tend to show that he knew of the plan 
to mutiny and kill the officers of the ship, or some of them, 
as early as eight o'clock, on the evening of the day alleged in 
the indictment, or certainly between ten and eleven of the 
same evening. Precisely what the details of that plan were 
does not appear; but the evidence tends to show that it was 
understood that the plan, whatever it may have been, was to 
be executed that night. Pursuant to that understanding. 
Smith adopted measures to lure the second mate forward, 
and he went out on to the jibboom to fasten the outer sail, 
and Smith with a capstan*bar in his hand went out after him, 
as if to assist in mending the sail. Smith hastily returned, 
but no mortal eye has ever since seen the second mate. Pres- 
ently the mate came out through the cabin, and passed along, 
and spoke to the man at the wheel; and after standing tbere a 
few brief moments, left and went into the starboaixl gang- 
way, and having passed out of the sight of the wheelsman, 
the exclamation, "OhI" twice repeated, "OhI ohi" was 
heard by the wheelsman, and all was silent to his ear, and the 
mate was never seen or heard of after, unless by those who 
cast him overboard. Patterson, the master, states, that at 
one time he asked Glew whether he really did help throw the 



32 CHARGE TO TH6 JUQT. 

mate overboard or not? He said that' he did. (Page 81.) * 
Aiken, when j»ked, ^' Did you ever hear Glew say anythiikg 
in reference to the first mate? " answered, *' The only thing 
he said he ' helped chuck him overboard.' " (Page 104.) 

Both the second mate and the mate were then disposed of, 
so that they could offer no resistance nor give any alarm. 
Encouraged by the success they had had in executing the 
plan as ananged, the next step was to put the master 
out of the way. Accordingly, Miller, as the most effective 
mutineer, went to the cabin with the cunningly devised false- 
hood that Glew had broken his leg, and endeavored to lure 
the master to go forward to assist the man with the broken 
leg. Appeals were repeatedly made to the master to go for- 
ward, without success. But it becomes very important to know 
where at that time were Smith and Glew, and upon that sub- 
ject the confessions of Glew are direct and expMeit, that he 
knew of the plan at eight o'clock in the evening, or certainly 
between ten and eleven, when he was called out of his bunk 
by Smith. He said, as Aiken testifies, that he ^^ had been 
' talking it over that night at eight o'clock," and when asked 
with whom, his answer was, "With Miller and Smith." 
(Page 104.) Again he said, " that they made it up that they 
were going to kill him (the master) that night." (Page 106.) 

At first the master testified that Glew told him that he 
was first informed of it about eight o'clock that night, — 
said it was made up between them to do this; but the mas- 
ter subsequently testified that he stated it different ways. 
" At one time I heard him say he knew it at eight o'clock, 
and at another time I heard him say that he didn't know 
until he was called out of his bunk, between ten and eleven 
o'clock." 

If material, you will determine which stoiy is true; but 
the confessions of Glew are consistent, that when Miller called 
the master out of the cabin, he, Glew, was standing aft of 

* The refereuces to the evideDce made by Mr. Justice Clifford were 
to the manuscript copy furnished by the short-hand reporter. Oorre- 
spending references are fiere made to the evidence as printed in this 
book. 



CHARGE TO THE JURY. 33 

the forward house with a capstan-bar in his hand, and that 
Smith was concealed behind the mainmast, armed in the 
same way. Do not these confessions show that they were 
lying in wait in pursuance of the plan previously arranged, 
and that the plan was to kill the master as well as the mate 
and the second mate? 

Whether these confessions speak the true nature of the 
plan or not is a matter exclusively for your determination; 
but it is quite obvious that they tend to show that the killing 
of the mate and the second mate was a part of the same plan, 
and that the plan was devised before the offence was com- 
mitted, and as charged in the indictment. 

Some of the evidence undoubtedly is properly denominated 
circumstantial evidence, but it is not correct to include the evi- 
dence of confessions in that category. Voluntary confessions 
fully proved are direct evidence, and as such are entitled to 
high credit. "Wliere the evidence is circumstantial, the rule 
is that every circum,stantial fact material to the hypothesis 
of guilt must be proved beyond a reasonable doubt, that all 
the facts should be consistent with the guilt of the prisoner, 
that the circumstances should be of a. conjclusive nature and 
tendency, and that they should to a moral certainty actually 
exclude every hypothesis but the one proposed to be proved. 
Deliberate confessions voluntarily made are direct evidence, 
and when fully proved, if believed by the jury, they are suf- 
ficient to establish the agency of the prisoner on a charge of 
murder, and with corroborative circumstances proved beyond 
a reasonable doubt they are sufficient to prove the fact of 
death in a case like the present, in case direct evidence of 
that allegation is unattainable. Many of the events of that 
night are without dispute; and in view of those facts and 
the confessions of Glew, it is not going too far to say that 
his confessions tend to show that he knew of the plan which 
included the killing of the mate, and that he was lying in 
w^ait to prevent a surprise, or if necessary to protect and 
defend the immediate actor, or to favor his escape. 

[Mr. Justice" Clifford here read from 3 Greenleaf on 
Evidence y 48.] 






34 CHARGE TO TilE JUBT. 

'^ § 40. Persons participating in a crime are either princi* 
" pals or accessories. K the crime is a felony, they are alike 
"felons. Principals are such either in the first or second 
" degree. Principals in the first degree are those who are 
" the immediate perpetrators of the act. Principals in the 
"second degree are those who did not with their own hands 
" commit the act, but were present, aiding and abetting it. 
" It is not necessary, however, that this 'presence be strict, 
" actual and immediate, so as to make the person an eye 

or ear witness of what passes; it may be a constructive 

presence. Thus, if several persons set out' in concert, 
** whether together or apart, upon a common design which 
" is unlawful, each taking the part assigned to him, some to 
" commit the fact, and others to watch at proper distances 
*'' to prevent a surprise or to favor the escape of the immedi- 
" ate actors; here, if the fact be committed, all are in the eye 
" of the law present and principals, the immediate perpetra> 
*' tors in the first degree, and the others in the second." 

■ All of the evidence is for your consideration, but you will 
bear in mind the instruction already given, — that the prison- 
ers are presumed to be innocent until they are proved guilty, 
and that the burden is upon the government to prove the 
whole charge and every element of ifbeyond a reasonable 
doubt. They are not only presumed to be innocent until 
they are proved guilty beyond a reasonable doubt, but they 
are also presumed to be of good general character, which 
cannot be assailed by the United States unless they first call 
witnesses in support of it, in which event the prosecutor is 
allowed to introduce countervailing testimony. When you 
return into court the inquiry will be addressed to you in re- 
spect to each of the prisoners separately, whether he is guilty 
or not guilty. Great care should be taken in properly apply- 
ing the instructions already given you upon this subject, and 
in order that you may be able to do so with unerring cer- 
tainty, that portion of * the charge is repeated, which is, that, 
under the issue in this case, you can find all the prisoners not 
guilty or guilty on all the counts in the indictment according 
to the evidence, or you can find one or more not guilty on 



VERDICT, 85 

one or more of the counts and guilty on the other count or 
counts as the C£^e may he, or, in other words, your verdict in 
the case of each of the prisoners should he the same as it 
would be if he was tried separately, in which event you 
might find him guilty or not guilty on all the counts, or you 
might find him not guilty on one or more of the counts and 
guilty on the other count or counts of the indictment as the 
case might be in view of the whole evidence. 



Verdict. 

On the thirtieth day of September, 1875, the cause was com* 
mitted to the jury, and on the first day of October, 1876, the 
jury rendered their verdict, as follows: — 

George Filler, — Ouilty. 
John Glew, — Not Guilty. 
William Smith, — Guilty. 

Upon the rendering of the verdict in this cause, Glew* 
was discharged upon the indictment. Smith filed a motion 
in arrest of judgment, which after argument was overruled, 
and the Court announced that judgment on the verdict must 
be rendered in the respective cases of Miller and Smith. 
On the fourth day of October, 1875, Miller and Smith were 
Bet to the bar to receive their sentence, and by direction of 
the Court, being asked if they had anything to say why 
sentence should not then be passed upon them for the mur- 
der of Corydon Trask Patterson, as charged in the indict- 
ment against them, and of which they had been found 
guilty by the verdict of the jury, each replied that his 
counsel had done all that could be done, and he had nothing 
further to say. Mr. Justice Clifford, speaking in behalf of 
the Court, then addressed the prisoners, as follows: — 

* Glew subsequently pleaded guilty upon another indictment pend- 
ing in the Circuit Court, charging him with mutiny on the high seas, 
and was sentenced to imprisonment at hard labor, for the term of ten 
yean, in the Massachusetts state-prison. 



REMARKS OF THE COURT ON PASSING 

SENTENCE. 

Clifford, J. 

George Miller and William Smith, alias Ephraim CiarJc,^ 
Experience shows that the sinful works of men in this life 
follow them, and your respective cases furnish very striking 
proof of the instructive lesson involved in the Divine admo- 
nition that *' the way of the transgressor is hard." Had you 
severally obeyed the early command " Thou shalt not kill," 
and been willing to fulfil, in good faith, your contract' of 
shipment, you would now, in all human probability, be in 
the possession of good health, unimpaired by wounds, and bQ 
in the full enjoyment of liberty, with all the attendant bless- 
ings which the institutions of this country accord, not only to 
our own citizens, but also to citizens of aJl' other countries 
who sojourn in our midst. Instead of that, you and each of 
you are now enclosed in the prisoner's box and stand con- 
victed of the murder of Cory don Trask Patterson, upon the 
high seas, from and on board the '^ Jefferson Borden," an 
American vessel, within the admiralty and maritime juris- 
diction of the United States, and out of the jurisdiction of 
any particular State thereof, as alleged in the indictments 
Congress very early provided that such an act, committed in 
the manner described, should be considered murder, and pun- 
ishable with death, and that the offender should be deemed, 
taken and adjudged to be a pirate and felon. Different lan- 
guage is employed in the Revised Statutes, but the substance 
and effect of the revision are the same, the provision being 
that every person who commits murder upon the high, seas, 
within the admiralty and maritime jurisdiction of the United 
States, and out of the jurisdiction of any particular State 
thereof, shall suffer death, and the further provision of the 
same chapter is, that every such person is a pirate. 

Murder is the unlawful killing of a person in the peace of 
the United States, with malice aforethought, either express 
or implied. Our Constitution and the laws of Congress 



REMARKS OP COURT ON PASSING SENTENCE. 37 

afford great safeguards to persons accused of high crimes, 
some of which were unknown at common law. Persons 
accused of a capital or infamous offence cannot he held to 
answer for the same unless on a presentment or indictment 
of a Grand Jury, and the provision is, that in all criminal 
.prosecutions the accused shall enjoy the right to a speedy 
and public trial, by an impartial jury of the State and district 
wherein th« crime shall have ^een committed, if committed 
within a State, and if not committed within any State that 
the trial shall be at such place or places as the Congress may 
by law ha^e directed. Crimes committed upon the hig^ 
seas, out of the jurisdictioA of any of the States, fall within 
the provision that the offender must be tried at such place or 
places as the Congress may by law have directed. Offences 
committed upon the high seas, or elsewhere, out of the juris- 
diction of any particular State or district, must be tried in 
the district where the offender is found or into which he is 
first brought; and it is alleged and proved that the offence 
committed by you, and each of you, was committed out of 
the jurisdiction of any particular State or district, and that 
jou were first brought into this district within the meaning 
of the Act of Congress prescribing the place for the trial of 
the offence alleged in the indictment. 

Other important safeguards are provided for persons ac- 
cused of crime in the Constitution and laws of Congress. 
They must be informed of the nature and cause of the accu- 
sation, be confronted with the witnesses against them, and 
are entitled to have compulsory process for obtaining wit- 
nesses in their favor and to have the assistance of counsel in 
tlieir defence, which latter privilege was denied them by the 
common law. By the record it appears that you were duly 
indicted for the crime of which you stand convicted, and 
the docket entries^show that you were seasonably furnished 
with a copy of the indictment and with compulsory process 
to compel the attendance of witnesses, and that able counsel 
were assigned to each of you to conduct your defence. Pris- 
oners indicted for murder are now entitled by law to a list 
not only of ih€ jurors smniHoned for their trial, but also to a 



38 REMARKS OF OOURT OS PASSING SBNTBNOB. 

list of the witnesses to be produced to prove the indictment, 
and the doclcet entries show that these requirements of law 
were, in ail respects, fulfilled in your respective cases. Safe- 
guards of the kind in such a trial are of great value to the 
accused, and were all scrupulously observed in your triaL 
Nothing so required having been omitted, the Court pro- 
ceeded to empannel the jury for your trial, and the course of 
the proceeding justifies the remark that the jury was one se- 
lected by you and the other prisoner whose name is given in 
the indictment. Twenty peremptory challenges are allowed 
by law to each prisoner, and the minutes show that the right 
to challenge peremptorily was exer^ised^ery freely. Beyond 
question it was your right to have an impartial jury, and you 
cannot fail to see, in the judgment of the Court, that your 
right in that regard was fully enjoyed within the intent and 
meaning of the Constitution. All the living persons, except 
yourselves and the other prisoner who was tried, with you, who 
were on board the '^ Jefferson Borden " during that terrible 
night, or throughout the continuance of the mutiny, were 
summoned and examined by the United States, which gave 
you every opportunity to correct the errors of statement in 
the testimony of the master, if any existed. Throughout 
you have been defended by able counsel, and it is not going 
too far to say that everything which ability, fidelity and ex- 
perience could effect in your behalf was done to secure a 
verdict in your favor ; but they have been unsuccessful, for 
the reason, as you must believe, that they could not overcome 
the probative force and effect of the evidence, much of which 
consisted of your own confessions. Consider these things, 
and you perhaps wiU see that it is your own works that follow 
you, and you may also conclude that the result confirms the 
truth of the wise saying that " the wages of sin is death." 

Punishment for crime- when the offender is duly convicted 
is essential to the peace and welfare of society. Pursuant 
to that view, the first Congress under the Constitution defined 
the crime of murder upon the high seas, and prescribed the 
punishment for the offender, which provisions have never 
received any material change. Navigation is a petiloua pur« 



REMARKS OF COURT ON PASSI^^G SEKTENGE. 39 

siiit at best, but it cannot be that those who engage in it 'shall 
be subjected to mutiny and murder without the laws of Con- 
gress being enforced to repress such fearful crimes. Eemarks 
were made during the argument portraying the dangers that 
innocent persons may be convicted, but there is little danger 
in that regard if the rules of law, intended for the protection 
of the accused, are properly enforced by the Court and strictly 
observed by the jury. They are that the prisoner is pre- 
sumed to be innocent until he is proved guilty beyond a 
reasonable doubt, and that the burden of proof is upon the 
prosecutor to prove the whole charge and every element of it 
by the same full measure of proof. These rules of law were 
plainly and explicitly given to the jury in your trial in more 
than one instance, and not a doubt is entertained by the 
Court that they were conscientiously observed and applied 
by the jury to the evidence produced to prove the accusation. 
What the verdict of the jury is you already know, and it is 
proper to say that it is satisfactory to both members of the 
Court. Convicted as you are under such circumstances, you 
must, in the judicial view, expect to expiate your respective 
crimes by suffering the punishment prescribed by the Act of 
Congress. Hope of any other result cannot be afforded to 
you by the Court, and we most earnestly recommend that 
you implore pardon of Him who is able to forgive all sins, 
and that you seek forgiveness at His throne of mercyl Time 
for repentance is still left to you, which is a high privilege 
you did not accord to the deceased. When he asked one of 
you what you wanted, he was instantly felled to the deck by 
a deadly weapon which the assailant held behind him, con- 
cealed in his right hand, and the evidence doubtless satisfied 
the jury that the other of you was lying in wait to aid and 
abet the immediate actor who dealt the mortal blow, and that 
he inmiediately came out from his hiding-place and assisted 
the immediate actor in casting the body of the deceased into 
the open ocean. You gave him no time for prayer or repent- 
ance, nor even the opportunity to say one last word for his 
brother or other friends; but the humanity of the law, even in 
the execution of its sentence, will give you ample time for 



40 UEMARKS or OURT ON PASSING SENTENCE. 

repentance, and to seek the forgiveness of your sins through 
the merits of the Saviour and the Divine plan of salvatiou- 

» 

George Miller, — You stand duly convicted of the murder 
of Corydon Trask Patterson, as charged in the indictment, 
and no motion for new trial or in arrest of judgment in 
your case having been filed, and the Court having announced 
that judgment must be rendered upon the verdict, nothin:^ 
remains to be done, in your case, except to pronounce the 
sentence which the Act of Congress prescribes for your 
offence, 

SENTENCE OF OEOR0E KILLER. 

And now, all matters in your case having been fully 
heard and understood by the Court, It is considered by the 
Court that the verdict of the jury, in your case, be and the 
same is hereby confirmed by the Court, and that you, George 
Miller, be adjudged a pirate, and that you, the said Geoi'ge 
Miller, be taken back to the place whence you came and 
there remain, in close confinement, until Friday, the four- 
teenth day of January next, and that on that day, between 
the hours of eleven o'clock in the forenoon and one o'clock 
in the afternoon, you, the said George Miller, be taken thence 
to the place of execution, and that you be there hanged by 
the neck until you be dead. And may God have mercy on 
your soul I 

WilUam Smith, — Since the verdict in your case was ren- 
dered, your counsel filed a motion in arrest of judgment, 
which has been heard, considered and decided by the Court, 
and the same having been overruled and the Court having 
announced that judgment must be rendered upon the verdict, 
nothing remains to be done, in your case, except to pronounce 
the sentence which the Act of Congress prescribes for your 
offence. 

SENTENCE OF WILLIAM SMITH. 

And now, all matters in your case having been fully heard 
and understood by the Court, It is considered by the Court 
that the verdict of the jury, in your case, be and the same is 



REMARKS OP COURT ON PASSING SENTENCE. 41 

hereby confirmed by the Court, and that you, William Smith, 
otherwise called Ephraim Clark, be adjudged a pirate, and 
that you, the said William Smith, otlierwise called Ephraim 
Clark, be taken back to the place whence you came, and there 
remain, in close confinement, until Friday, the fourteenth day 
of January next, and that on that day, between the hours of 
eleven o'clock in the forenoon and one o'clock in the after- 
noon, you, the said William Smith, otherwise called Ephraim 
Clark, be taken thence to the place of execution, and that 
you be there hanged by the neck until you be dead. And 
may God have mercy on your soul! 



EVIDENCE. 



TESTIMONY FOR THE UNITED STATES. 



WsDinBaDAT, Sept. 22, 1875. 

EXAMINATION OF CHARLES TIFT 

AND GEORGE G. TOWNS. 

Charles Tift and George G. Towne, part owners in the 
" Jefferson Borden," were called and examined as to the 
ownership and the citizenship of the owners of that vessel, 
on the 20th of April, 1875, the date of the alleged mutiny and 
murder. 



EXAMINATION OF WILLIAM M. PATTERSON. 

WUliam M. Patterson testified that he was an American 
citizen; that on the 20th of April, 1875, he owned one half 
of the " Jefferson Borden," purchased by him in February, 
1872, and that Asa F. and Charles Tift owned one quarter, 
and George G. Towne the remaining quarter of that vessel; 
that the " Jefferson Borden," upon her last foreign voyage, 
sailed from New Orleans for London on the 3d of March, 
1875, officered and manned as follows: William M. Patterson, 
the witness, captain; Cory don T. Patterson, brother of the 
witness, first mate; Charles A. Patterson, cousin of the wit- 
ness, second mate; Henry Aiken, cook and steward; George 
Miller, William Smith, John Glew, Jacob Limber, and a boy, 
Henry Malaheine, seamen; and with the captain's wife, 
Emma J. Patterson, a passenger. The witness described at 
length the position of the houses and other portions of the 
vessel, and the rooms occupied by the several persons on 
board. The vessel had a full cargo of cotton-seed oil cake, 



44 EVIDENCE. 

and was towed down the river and over the bar. The ex- 
amination of the witness was then proceeded .with as fol- 
lows: — 

Q. (6?/ 17. 8. Attorney). Did you have any trouble with 
either of the three defendants after leaving New Orleans ? 
A. Yes, sir; I had some trouble the day the vessel }eft tl^ 
bar. 

Q. With whom ? A, Miller. 

Q. State it. A. The first trouble I heard was' between 
Miller and the pilot. MiUer refused to do as the pilot told 
him, at the wheel, when the vessel was goin^ over the bar 
with the steamboat ahead. He told him now ne wanted the 
wheel put; first to port and then to starboard, whichever way 
the pilot directed nim, until^ at last, Miller told him it was 
no use to keep the wheel gomg that way, and he would not 
do it. 

Q. Is the passage over the bar straight? A. It is very 
narrow. They keep it dug out by a dredging-boat; she keeps 
one channel through deep enough for vessels to pass out, and 
you have to keep inside of the mud stakes. 

Q, How much did your vessel draw ? A, About sixteen 
and a half feet. The pilot was particular about keeping her 
in the channel. 

Q. Is the channel a difficult one ? A. Yes, sir; it is very 
narrow. 

Q. State what happened after Miller refused. A, Miller 
told him he would keep right for the steamboat, and said that 
was well enough, and refused to- keep her as the pilot told 
him; and after awhile the vessel went ashore. She went 
ashore on the side of the bank and laid there two hours, untU 
another steamboat came to our assistance, and the two boats 
took her off. We ran ashore on the port side. 

Q. How long a tow-line did you have ? A. About seven- 
ty-five fathoms, six feet to a fathom. There was nothing 
more said, and the vessel was taken outside and anchored 
that night. There was nothing said until the next day. 
There was some trouble between him and the mate. He 
refused to do as the mate told him. The mate sent him, 
with another man, up to take the fish pennant up to the 
mast-head. 

Q. What is that? ^. It is a long pennant we put a 
tackle on to take the anchors on board with. It is a five-inch 
rope about thirty feet long. 

Q. Such a rope as is usually on vessels ? A. Yes, sir; 
a rope that is used on all vessels for that puipose, — for 



EXAMINATION OF WM. M. PATTERSON. 4S 

'wcnrking the anchen:^. He refused, and said he could not get 
It up. He said two men were not enough, and found fault 
with the mate because the mate sent him up there. 1 heard 
him making trouble, and I went forward and told him if he 
could not cio it to come down and let another man go up in 
his place, and sent another man up to take his place and help 
gfet it up. Ho came down on deck, and he came along where 
I was standing, and asked me. what I wanted of. him. I told 
him I wanted him to do his work, and not make any noise or 
have^any trouble about it. He said he knew how to do his 
work, and.^id liot care for any man i there was on board that 
v^sel; there was. nobody there tliat. knew anything. He 
raised his hand and struck it on his breast, and says," Here 
I am; strike me, if you want. to./' I told him I did not want 
to fight with him, and told him to go about his work. He 
said if I wanted anything I could take it out of him, and still 
stood there. The mate came along^ and there was a hatchet 
lying rigiit alongside and under his feet, and I told the mate 
to pick up the hatchet and take it away. I saw he was wat<;h- 
ing it as though he would use iti if he got a chance. I saw 
the hatchet there, and saw him watching it, and told him to 
take the hatchet away. He asked the mate what he was 
going to do with the hatchet. The mate told him he was 
going to take it out of his way. I told him to go about his 
work. 

Q, "What did the mate do with the hatchet ? A. Carried 
it jrft, and laid it away out of his reach. He talked some lit- 
tle time, and went about his work again. 

Q. Before or after the hatchet was cariied ofip ? A. After. 

Q. Did you have any other trouble with Miller during that 
voyage, previous to April 20th ? A. Yes, sir; some two or 
three days after, he refused to go to his work in the after- 
noon. We had a gale of wind the second day out, and I told 
the mate to keep all hands in the afternoon and get things in 
trim. 

Q. Were either of these defendants piresent at the time of 
this conversation ? A, "No, sir; the mate reported to me the 
men would not work. I asked the crew what was the reason 
they would not go to work, and they said they were going to 
have watch and watch. 

Q, Where were you when the mate reported to you ? 
A. In the cabin. 

Q, Where were the crew ? A, They were forward. 

Q. What did you do ? A. I went and told them I had 
work for them to do, and they must do it that afternoon, 

Q. Who was it you told this to ? A. All hands; all the 
meii forward in th& forecastle. 



46 ETIDEarOE. 

Q. What is meant by watch and watch ? A. Watch anil 
watch is giving them four hours on and four hours oif . The 
crew is divided into two watches. 

Q. What is meant by watch and watch ? A. It is keeping 
one half of the crew up at a time ; four hours on and four hours 
off, four hours on deck and four hours bek>w. 

Q. What is the meaning of not having watch and watch ? 
A. The watch that is entitled to their watch off in the after- 
noon, from twelve to four, are kept up in that watch each 
day. One day it is the starboard watch's turn to lose a 
watch, and the other day it is the port watch's turn. 

Q. What was done? A. After I talked to them some 
time, they went to work. 

Q. Dicl you ever give them watch and watch ? A, 1 did, 
two or three days afterwards. 

Q. State whether or not you continued watch and watch 
from the time you gave it to them ? . A. The rest of the 
voyage. 

Q. Prior to April 20th, what kind of weather did you expe* 
rience ? A. From the 15th of March to the 15th of April 
we had very heavy weather. After the 15th of April we had 
finer, up to the 20th. 

Q. Subsequent to this time, did you ever have any trouble 
with Miller r A. Yes, sir; eight aays out of New Orleans. 
I told the mate to send him up to oil down the main topmast. 

Q. Was that order given in the hearing of Miller ? A- 1 
could not say whether he heard it or not. I told Miller to go 
up and oil the mast, and he went up; but instead of oiling 
the mast as he should, he commenced oilins the topmast-rig- 
ging, putting the oil on the rigging as much as he would on 
the mast. I told him to stop oiling the rigging, and not put 
any oil on it, as it would spoil the rigging. He said that was 
as well as he could do it; that was well enough, and if it did 
not suit me he would come down. I told him to come down. 

Q. Whereabouts was he at the time? A. Up at the main- 
topmast head. 

Q. What sustained him there? A, He was hoisted up by 
the topsail halliards, sitting in what is termed a boatswain's 
chair, — a piece of board, with a rope attached to it, for him 
to sit on the board and oil the mast. 

Q, State what took place. A, I told Miller he had been 
trying to make trouble with the officers, and he had been 
insulting to me before that, and I could not put up with it 
• any longer; he must stop it, and I should put him in irons 
for making so much trou])le, and making trouble on the 
vessel; that the trouble had gone far enough; that the mates 
had reported to me that he was all the time making trouble 



EXAMINATION OF WM. M. PATTERSON. 47 

with them, and I should put him in irons. He said there 
was nobody aboard the vessel that could put him in irons, 
and he would not go in irons; he would go forward. 1 tolcf 
him he could not go forward. I told him he must go in 
irons, and took the irons from the mate, and took hold of 
him, attempting to put the irons on. When I took hold 
of him, he reached K>r his sheath-knife that he had in his 
belt, as I supposed. 

Q. What sort of an instrument was this knife, — how large? 
What did he do? A. I saw him reach for this knife, and at 
the same time that he reached for it I reached for it. He 
took it by the handle, and I caught it by the blade at the 
same time: and when d(g| went to draw it, I twisted the blade 
in my hand, and broke thQ knife close to the handle. 

Q. Did you take the blade or the sheath? A. The sheath 
was on a belt made fast to him. 

.Q. You took hold of what? A. Of the blade as it was in 
the sheath. 

Q. You took hold of it in the sheath? A. Yes, sir. As 
soon as I broke that, I took hold of him, and attempted to 
throw him on the deck, and at the same time my brother 
took hold of him; and we threw him on deck, and put the 
irons on him. 

Q. State the size of the knife. A, It was a common 
sheath-knife, with a blade about six inches long and a han- 
dle four or five inches. 

Q. How long was Miller kept in irons? A. Twenty-four 
hours. At that time he promised, if I would take the irons 
off, he would go to his duty and do his work, and not try to 
make any more trouble, or have any more trouble with the 
mates. He would attend to his work and behave himself. 
I then wrote a statement in the official log, and asked him if 
he would sign it, and told him if he would sign it I would 
release him, and he could go to his work. I also wrote a 
statement in the log, and re^ it to the other men, and asked 
them if they would sign it if I would release Miller. They 
said they would. I read this to them, and thev consented to 
sign it, and Miller consented to sign it. Then I released 
him, and let him go to his work. 

Q, Did you have any other trouble with Miller from that 
time up to April 20th? A. No particular trouble. 

Q. Did you ever have any with Smith? A, I had some 
words with Smith the day we left Kew Orleans. I went into 
the forecastle soon after we left the levee, and found Glew 
was there drunk. He could not do anything, and could not 
stand up. He was sitting down by tiie forward house. I 
thought they might have liquor in the forecastle, and went 



48 EVIDSNCE. 

in there and searched^ and found some liquor, and brouight it 
aft. When I was going aft with the liquor, Smith stopped 
me, and wanted to know what I was going to do with tlxat 
whiskey, and said it was his. I told oim I could not help 
whose it was, I was going to take it, and take care of it, 
There was top much of it around, and I was going to take 
care of it. He asked me to give it to him. I told him I 
should not, and I took it into the cabin, and kept it sonie time. 

Q. Was there any further trouble with him? A. S"ome 
trouble with him and the boy was reported to me. I said t^ 
Smith — I think it was about fifteen days before April 20tli; 
might have been before or after that time, I could not say 
exactly — I said to Smith that the boy reported he had beeu 
abusing him, taking him out of his berth, and had thrashed 
him the night before. Smith told me ne did so, and he 
would do it again if I didn't take the boy out of the forecas- 
tle. He didn't want him to live in the forecastle with them. 

Q. What was the health of the boy at that time? A, He 
had been sick for a number of days. He said the boy would 
not get up to stand his watch; said he was as able to stand 
his watch as he was, and he was playing sick, as he expressed 
it. I lold him the boy was sick, and I would tell him when 
he was to go on deck. He had no ri^ht to trouble the boy, 
and if he troubled the boy again, 1 would not allow it; I 
would stop it. He. said if 1 didn't take him out of the fore- 
castle he would do it again. I told him if he rope's-ended the 
boy I would rope's-end him. He said he would, and I took' 
up a rope's-end and just struck him with the rope once. I 
said, " You strike him, and I will strike you," or something 
to that eifect. 

Q. You mean by '' rope's-ending " striking a man with a 
rope? A, Yes, sir. 

Q. How old is the boy? A. About eighteen, I should say. 

Q, Why did you use the expression " rope's-end"? Had 
that expression been used before you used it? A. It is very 
often used. If we want a rope to make anything fast, we 
say, *' Pass me that rope's end." 

Q. Did you have any other trouble with Smith on that 
voyage? A. No, sir; that is the only trouble I evei* had 
with nim, only whenever there was any trouble with Miller, 
Smith would always leave his work when he could, and come 
to Miller's assistance. 

Q. Do you know whether Smith and Miller had ever sailed 
together before? A. I have heard Smith and I have heard 
Miller both say that they were together in a ship a voyage 
before. 

Q. Did anything else happen to Smith between the time 



EXAMINATION OF Vm* M. PATTERSON. 49 

you struck him with a rope's end and April 20th? A, There 
was one night he fell overboard. It was before this Smith 
fell overboard. He was on deck, the second mate, Jacob 
Limber, and Smith and myself, and we were furling the 
spanker. Smith went on the lee side of the house, and the 
vessel rolled, and the sail slid to leeward, and knocked him 
overboard. I saw him go overboard, and I called to Jake, 
and told him Smith was overboard, and to throw him a rope. 
I at the same time got a rope's end and threw it to him. He 
got the rope that Jake threw. I took hold of the rope as 
soon as I found he had hold of it, and took it away from 
Jake. He was going to haul up on it, and would have hauled 
it out of his hands. I took hold of it, and held it, and towed 
him in the water until we had a chance to get another rope 
with a bowline, and slip it down to him; and I told him to 
slip it over his head and under his arms. We slipped it down 
on this rope, and he put it under his arms, and as soon as he 
told me he had the rope under his arms, we both got hold of 
him, and hauled him inboard. 

Q. Was Jacob where he could see Smith when he fell 
overboard? A. I think he was. I would not say certain. 

Q, Did you have any trouble with Glew, durmg the voy- 
age, up to April 20th? A, No, sir, I did not; only at the time 
I attempted to put Miller in irons, he attemptecf to come to 
Miller's assistance and not allow me to put him in irons. 

Q. Did he say that? A, He said I had no right to put 
him in irons, and attempted to leave the wheel and come to 
his assistance. We had him secure before he got there. 

Q. What was the weather April 20th? A. That was the 
finest day we had for over a month. 

- The witness further testified that the weather, for five days 
previous to the 20th of April, was fine; that on that day he 
took an observation, and ascertained his latitude to be 42*^ 
north, and his longitude 25^ west; that he had passed the 
Western Island some two hundred and fifty miles, had made 
about two thirds the passage from New Orleans to London, 
from which place he was about nine hundred miles distant. 
The witness also testified that from six to eight o'clock 
in the evening of the 20th of April he was in the after 
cabin with his wife; that the mate was with him about 
twenty minutes; that it was the mate's watch on deck from 
six to eight; that Miller, Glew, and the boy Henry wer^ in 
the mate's watch; that the second mate's watch consisted of 

2 



50 EYipiorcE. 

the (Second mate, Smith, and Limber, and was on deck from 
eight to twelve midnight. The witness also testified that he 
gave the orders to the officer for the night, and went to bed 
at about half-past nine o'clock, and went to sleep. 
The examination Was continued as follows: — 

Q. (by U. 8, Attorney), When did you wake up? A. I 
was awakened some time in the night by Miller calling me. 
I heard his voice in the after cabin of the after house. 

Q. Not in the room where you were sleeping? A. Ko,8ir. 

Q. Where were you sleeping? A. In my room, that opens 
out of the after cabin. 

Q, On which side does it open out? A. On the starboard 
side. 

Q. This after cabin you have said was your private cabin? 
A. Yes, sir. 

Q. You hoard Miller there in the night. What did you 
hear? A. I heard him calling me, and I got up. He came 
to the room door, and says, "Captain, "do come forward 
quick, for John is hurt, and we fear he lias broken his leg." 
I said, " All right." He came to the door, an^ said, " fio, 
for God's sake, hurry, Captain I " then he leit the cabin. 

Q. What did you do? A. I started to go out, and my 
wife — 

Q. Did your wife say anything to you when you went out? 
A. Yes, sir; she did. , 

Q, What did you do? A. I went at once out, and followed 
Miller out of the cabin. 

Q. Were you dressed at that time? A» I said to Miller, 
"All right.'' He then went out of the cabin, and I shortly 
went oiit to the front part of the cabin. 

Q. (sliowing paper to witness). What is this? A, A plan 
of the cabin. 

Q. Who drew it? A, I drew it. 

Q, These words that are written, — did you write them? 
A. Yes, sir; the name of each room. 

Q. This is a plan of the floor of the after house? A, Yes, 
sir. 

Q. You were stating what took place at the time when 
you followed Miller out. Were you dressed? A. I was not 
dressed. I went to the door, and called to the officer of the 
deck to know what the trouble was. I said " Mr. Patter- 
son I " and called loud enough to be heard all over the deck. 
I called a second time. I got no answer to either call. I 
then went aft back into the cabin, and asked the man at the 
Wheel— ' 



EZAIkONATION OP WM. M. PATTEESON. 51 

Q. Did you sx>eak to the man at the wheel? A< I went 
aft, and spoke to the man at the wheel. 

Q. What did you do next? A. I then came down into the 
eabin. 

Q, Who was the man at the wheel? A. Jacob Limber. 

Q, Did Jacob make any reply? A» He did. 

Q, What did you do? A, I then went to my room and 
dressed myself. I then went to the mate'§ room to find the 
mate. 

Q. What time was this? A. When I went forward the 
first time, and called for the mates, I don't know the time. 
As I returned to the cabin, I looked at the clock, and saw it 
was ten minutes to twelve. I knew, then, it was the second 
mate's watch. 

Q. What did you find at the mate's room? A. It was 
dark, and I could not see any one. I felt in his berth to see 
if he was in his berth, and found he was not there. He was 
not in his room, but his berth was warm. 

Q, Whereabouts did you feel? A. In his bed. 

Q. What did you do next? A. Went out oq deck on the 
port side forward, and called again to the mate. I called, 
*' Mr. Patterson I " as loud as I could call, three or four times. 
I then crossed the deck over on the starboard side, forward 
of the mizzenmast, and stood there, and called again, and 

§ot no answer. I then looked aft, and I ssfw Miller coming 
own from the poop-deck, on to the main deck, and he came 
towards me on the starboaid side; that wajs the lee side. He 
then said, *' Captain, why don't you go forward? Glew's leg 
is broke, and we fear he will die." Said he, ** For God's sake 
do go forward I " Then he was coming towards me, or very 
nearly towards me. I saw him coming towards me, and X 
saw he held his right hand behind nim, and was going 
between me and the cabin door. 

Q. How far from the cabin door were you? A. About 
ten feet forward of the cabin door on the starboard side. I 
said, " Where are the mates? " He said, " I don't know." 
He then said, " Tor God's sake do go forward I " I then said, 
^^ Go forward and send the mates aft," and stepped quick, 
and stepped into the cabin past him. He saw me pass into 
the cabin, and said again, " Why won't you go forward, and 
help the poor man? '' I made- him no reply, and then went 
into the cabin. 

Q, Did you see him after that? A. 1 did not see him for 
some time. 

Q. He was behind you when you saw him? A, 1 was 
looking forward and aft, and I saw him come down from 
there; then I turned round towards him. as I saw him coming 
towaros me. 



52 EYIDENGE. 

Q. At first he was behind you? A. No, sir; he wiu on 
my right. #- 

Q. What direction did he take when he came down from 
the poop-deck? A. lie came almost directly across in front 
of the house. 

Q. How near did he go to the house ? A. Within about 
eight feet of the house. 

Q. Did he, at any time, come between you and either of 1 

the cabin doors ? A» No, sir; as I saw him coming I stepped I 

quick, and stepped past liim, and came into the cabin. 

Q. How near was he to you when you stepped past him 
into the cabin door ? A. Five or six feet. 

Q, Which cabin door do you mean? A. I came out of the 
port door and went round forward of the mast, and was 
standing on the starboard side. I went back in the star- 
board door. I then went into the cabin and called the stew- 
ard, and found my wife in the forward cabin also. She had 
gotten up and come forward. 

Q. Did you see anything of the steward ? A. 1 called him 
and he came. . 

Q. Did you see anything of him after he came ? A. Yes, 
sir; I did. 

Q. Did you give him any orders ? A. Yes, sir. 

Q. What did he do ? JL I went into the cabin and got 
my revolver. \W*hen I came out the steward went forward 
to look for the mate. 

Q, What did you do ? A. Followed a short distance 
behind him. 

Q. How far forward did the steward go ? A. He went 
forward to the forward house. 

Q. What part of the forward house ? A, He went for- 
ward to the after part of the forward house. 

Q, How near did you go to him ? A. I went nearly to the 
mainmast. 

Q, Did you hear anything that was said between him and 
any one else ? A. 1 did. 

Q. Did you see anybody besides the steward ? A. No, sir. 

Q. You may state what you overheard. A. I heard somt^ 
one ask the steward to come forward. 

Q, Could you recognize the voice? A, No, sir; I did 
not. 

Q, Can you give the words ? A. They asked him why he 
didn't go forward and help the poor man, or something liki 
that. 1 didn't understand it clearly. 

Q, Did you hear anything else said by either the stewarc 
or any of the parties you didn't see ? A. I heard the st^ew 
ard say something. 



EXAMINATION OF WM. M. PATTERSON. 53 



Q. What was it ? A. He said, " You don't fool me." I 
said, " Don't you go." 

Q. How loud did you say that? A. Loud enough for him 
to hear me. 

Q. (by the Court), How loud did you speak ? A.- Louder 
than I am speaking here. 

Q, What was the distance between you and the person he 
was talking with, as well as you could judge of the position 
of the pereon ? A, I should say forty feet. 

Q. Which way was the wind blowing,— from you towards 
this person, or the other way? A. Across, between us. 

Q, Was this a noisjr night, so far. as the wind and sea was 
concerned, or a still night ? A. Ko, sir; a very still night. 

Q. What did you do next ? A, 1 called for the boy. 

Q, Did the boy come ? A. No, sir; I got no answer; could 
hear nothing from him. 

Q, What did the steward do and what did you do ? A. 
The steward came aft and went into the cabin. 

Q, What time was that, if you know? A. About twelve 
o'clock. 

Q, Did you look at the clock? A. I don't think I did, at 
that time. I then called for the mates again, and got no 
answer. 

Q. Where were you standing ? ^. In the cabin door. 

Q. Which door? A, The starboard door. 

Q, What did you say when you called for the mates? A. I 
said, " Mr. Patterson I " 

Q. How did you speak ? A, As loud as I could call, sev- 
eral times. I got no answer from any one. 

Q. Could you see any one in the front part of the vessel at 
that time ? A, No, sir. 

Q. What next? A. I then examined my revolver and 
saw she was all right. I thought there was trouble, and I 
fired my revolver to see that she was all right. 

Q. What was your revolver ? A, A common navy 
revolver. 

Q, Five or six barrels ? A. Six. I kept watch to see if I 
could see anything of the men or of the mates. 

Q, Where did you look from ? A. All round the decks, 
wherever I could see forward and on each side. 

Q. How far forward did you go to look ? A. Backward 
and forward to the main hatch. 

Q. The main hatch is how far forward of the after house ? 
A. About ten feet. 

Q» Did you find anything ? -4.. I could find nothing. 

Q. Is that your revolver ? A. Yes, sir. I then went and 
spoke to the man at the wheel. 



54 EVIDEKOE. 

Q. Did you go to bed that night? A. No, sir; I did not 
I kept watch all that night. 

Q. Did you see anybody or anything? A. No, sir; no 
one, until towards daylight. 'Towards daylight I could sec 
the men. I saw Smith and Miller and Glew watching us aft. 
They were in front of the forward house. 

Q, Did you see anybody else there ? A, No, sir. 

Q. During the night, aid you do anything to defend the 
cabin, — barricade it or anything? A. I only closed the 
doors; kept the doors closed when there was no one out- 
side, — when there was no one forward. 

Q. What did the others do in your presence, either your 
wife or the steward ? A. We kept a watch. 

Q. From what place ? A, From the windows in the mates* 
room — the mates' room windows on each side — until about 
five o'clock. About that time I heard some one aft in the 
lazaret. I heard a noise, and I went and asked who was 
there. 

Q. Whether you made an opening into the lazaret ? A. 
After a time I opened the door going into the lazaret, and 
found the boy, Henry, there. 

Q. In what condition ? A, He seemed to be all right. 

Q, No ropes or anything of that kind about him ? A. No^ 
sir. 

Q. That was about what time ? ^. In the morning, about 
five o'clock. 

Q. Had you any other firearms except the revolver ? A. 1 
had a double-barreled gun. 

Q. What was the condition of it ? ^. It was full of water 
that night, or partly full. During the night I cleaned it, drew 
the chars;es and dried it and loaded it. 

Q. Did you fire any during the night ? A. No, sir; only 
once. 

Q, In what direction did you fire ? A. In the air. 

[Ac^ourned to Thursday y Sept. 23, at 0.30.] 



Thubsday, Sept. 23, 1875. 

Q. You testified you found the boy, Henry, in the lazaret. 
What next occurred after you found the boy? A. We- 
waited until daylight, about half-past five. Aiter the boy 
came up I sent the steward down where the boy came from, 
between decks. He remained there some ten or fifteen min- 
utes, and came back. 

Q, Did he say anything ? A. Yes, sir. 

Q. What occurred next ? A. We then went and sounded 



EXAMINATION OF WM. M. PATTEBSON. 55 

the pumps, the steward and I. We found no more water 
tlian we expected in the vessel. We- found about eighteen 
to twenty-two inches. 

Q. During the night before,- do you recollect whether any- 
thing was done with the sails, or any of them ? A. No, sir; 
there was nothing done, except some of the. halyards were 
let loose. 

Q. What would be the effect of that ? J.. It would relieve 
the top-mast. 

Q. What effect on the sail ? A. It would partially take 
in the top-sail. 

Q. What was next done ? A, We went to the pumps, 
and pumped the vessel out. 

Q, Did the steward have a revolver at that time ? A. Yes, 
sir. 

Q. When did he get his revolver ? A. About half an hour 
heiore that. 

Q. Where ? A. In the galley. 

Q. Did you see him get it ? A, I saw him go into the gal- 
ley without it, and come out with it in his hand. I sent him 
for it. 

Q. Have you ever seen that revolver before ? A. Yes, 
sir. 

Q. As I understand yt)u, the steward did not go to the gal- 
ley to get the pistol until between five and six in the morn- 
ing ? A. As soon as it was sufficiently daylight, so we could 
see there was no danger to go to the galley, the steward's 
revolver being in the galley, i told him to go and get it. 

Q. Is that the time when he got the pistol, as soon as it 
was sufficient daylight ? A. Yes, sir. 

O. What time was that ? A. Between five and six o'clock. 

Q. Will you state the circumstances of the steward's get- 
ting that revolver? What did you do, and what did he do ? 
A, The steward went to the galley and I went close behind 
him. He unlocked his galley and went into the galley, and 
was inside about a minute and came out again with that 
revolver in his hand, and locked the door and came to where 
I was standing. 

Q. Did you have anything in your hands at the time ? 
A. I had my revolver in my hand at the time. 

Q. Did you see either of the defendants at or before that 
time that morning ? A, Yes, sir. 

Q. Where were they? A. The forward part of the for- 
ward house. 

Q. What time in the morning ? A. Between five and six 
o'clock. It got to be daylight so we could see about the 
deck. 




56 HYIBBKGE. 

Q. Locate where each of the defendants was. A. I think 
G]ew was looking round the port side of the forward house, 
and Miller was lookin<j; round the starboard side, and Smith 
was watching us over i he top of the house. 

Q. What was then done ? A. Then I called to the men to 
know where the mates were. 

. "Wliere were you standing ? A. Near the mainmast. 
. Try to give us your language. A. I saw John Glew, 
I called to him and called, '' John I " and says to him, 
'^ Where are the mates ? " but I got no reply. I was on the 
weather side of the forward house, — the port side. 

Q. The weather side continued the same the next day it 
was the night before ? A. Yes, sir. 

Q. Where were you ? A, Standing by the mainmast, or 
near it. 

Q. Could yon see either of these defendants at that time ? 
A, Yes, sir; I could. 

Q. Where were they ? A. Miller was looking round the 
starboard side of the house, and Smith was looking over the 
top of the house. I then called to Smith and said, " Bill I 
Wnere are the mates ? " He gaye me no answer. I spoke 
loud enough for them to hear me. Then I called to Miller, 
and asked him where the mates were, repeating the same lan- 
guage, '* Where are the mates ? " and I got no reply. 

Q. What did you call him ? A, Sometimes we called him 
"Miller" and sometimes " Geoi^e." His name is George 
Miller. 

Q. Do you recollect what you called him ? A. 1 think I 
said" George." 

Q. What answer ? A. 1 got no answer. I then told them, 
" You are trying to take charge of this vessel; you have got 
the mates, and have got them secured." I was speaking to 
Sill three; they were aU within hearing. I told them if tney 
did not release them and did not give them up I would use 
force to compel them to. They made me no reply. I then 
went aft and got my revolvers ready, — all I could use. 

Q, What revolvers were there you could use? A. There 
was my revolver and the second mate's and the steward's. 

Q. Was the second mate's in order? A, Not perfect; it 
was so it could be used. I then went forward, and asked 
them again if they were going to do as I requested. I said, 
" Are you going to give up the mates? If you do not, I shall 
use force." I got no answer that time from any of them. 

Q. How near were you standing to them at that time? 
A. Thirty or forty feet. 

Q. Where were they each? A, In the same position as 
before. 



EXAMINATION OF WM. M. PATTERSON. 57 

Q. How much time had elapsed between that and the time 
you spoke to them before? A. I should fhink half an hour. 
1 then went back and watched them a while to see if they 
'would release them. 

(J. How long did you wait? A. I waited half an hour. 

Q. Where were you? A. I was in the cabin. 

Q. What did you do next? A, I saw Glew looking round 
the port side of the forward house, watching^ to see if he 
could see us. I waited about half an hour. That would be 
from half -past six to seven o'clock. I then saw Glew, and I 
lircd a charge of shot from my double-barreled gun at him. 

Q. Where were you. A, In the mate's room in the cabin, 
firing through the window. 

Q. What did he do? A. He stepped back behind the 
house. I then went forward and called to them again. I 
called them all three by name. I asked them if they were 

f^oing to give up the mates, but I got no reply. I then went 
orward with my revolver, the steward and I. 

Q, How far forward? A, To the after part of the forward 
house. 

Q. Where did the steward go? A, He was right alongside 
of me. We were both on the port side of the vessel. 

Q. Was there any person on deck? A. Jacob Limber was 
at the wheel, and my wife was on deck on the starboard 4side.' 

Q. Who had been at the wheel during the night? A, 
Jacoh Linger. 

Q. What did you do? A- I saw them looking round the 
house, and I fired from my revolver. 

Q. Who did you see? A. I saw Glew. 
■ Q. How much of his body could you see? A, Just see a 
small part of his head. He just looked by the house so*he 
could see me. 

Q. Did the steward fire? A, I think he did about the 
same time, or shortly after. 

Q. Did you see any one else at the time you fired? A, Yes, 
sir: I saw Miller looking over the top of the house. 

Q. Did you fire more than oncer A, When I fired they 
threw two bottles at us. 

Q. Who threw them? A. I think it was Glew and Miller. 
One of them struck the steward, and the other struck the 
rail and broke to pieces. I then picked up the bottle that 
did not break and struck the steward, and -went ait and 
loaded our revolvers again, and went forward: 

Q. How long an interval after firing the first time? A. I 
should say fifteen or twenty minutes. 

Q. Had you emptied all the chaknbers of the revolver? 
A,, No, sir. 



58 EVIDENOE. 

Q. Yon loaded such as you had emptied? A. Yes, sir; 
those that would not go we put on a fresh cap, and we went 
and called to the men again to know if they would give up, 
but we got no reply from \hem. I asked them if they were 
goins to give up the mates, if they would release the mates. 
I said if they would I would put them in irons. I mean, I 
asked them if they would release the mates and go in irons. 
I said I should put them in irons. I said, '* I want 3'ou to 
release the mates and give up. You have not got charge of 
the vessel, and you will not get charge of it, and the sooner 
you give up the better it will be for you." 

Q. WTas anything said about irons that you recollect? TVas 
any reply made you? A. No, sir; I got no reply from them, 
and I nred another shot. 

Q. At whom? A. I fired at Glew, and fired at Smith over 
the top of the house. 

Q. I>id you fire at Miller at that time? A. Not at that 
time. 

Q. Where was Glew at that time? A. Glew was on the 
port side, on the weather side of the house. When I fired, 
two of them threw some bottles at us. 

Q. Do you know which two ? A. Glew threw one; I don't 
know who threw the other. 

Q, What kind of bottles ? A. Some were quart and some 
were pint, some were gin bottles and some whiskey bottles, 
and some beer bottles, — pints and quarts. 

Q, What color? A, Ordinary black bottles. The gin 
bottles were square. 

Q. Where did they strike ? A.I think one of them went 
overboard at that time and the other struck on deck. 

^. Do you know where those bottles were prior to that 
time ? A. They were in the forecastle. Some of them they 
kept vinegar in, and some of them were bottles that had 
been brought aboard and emptied, and were laying there in 
the forecastle. They were brought aboard at New Orleans, 
I think. I don't know where they all came from. 

Q. Did the bottles have anything in them when they were 
thrown? A, There were some, I think, about half full of 
water, — all of them, I think, — and some of them were full. 
We kept repeating that for the forenoon, and I cannot stute 
exactly how many times I fired. 

Q, IIow many times did you speak to them during the 
forenoon ? A.l called to them ; I spoke to them more than 
half a dozen times to each one of them. 

Q. What reply did any of them make, if any ? A, 1 never 
heard them reply but once. Smith made a reply once to the 
steward if he would give him his revolver he would release 
tlie mates. 



EXAMmATION OP WM. M. PATTEKSON. 59 

Q. Did the steward make any reply to him that you heard ? 
ul. 'No J sir. 

Q. Did you see that piece of iron through the forenoon ? 
Ji, Yes, sir ; Miller had it in his hands at different times. I 
would go near to him, and I saw him raise it and attempt to 
throw it at me. He took it up this way, and made a motion. 

Q. Did he take it in his left hand ? A. No, sir ; in his 
right hand. 

Q. You are lefthanded ? A. Yes, sir. At two or three 
different times I fired at him, when he would hold this up 
and try to throw it at me. 

Q. Was anything thrown during the forenoon hy any of 
the defendants except bottles? A. Yes, sir; there were 
pieces of grindstone and pieces of cast-iron. 

Q. Where was the grindstone? A. The grindstone was 
forward, I think, right under the forecastle. It was gener- 
ally kept under the lorecastle. 

Q. When was it broken, if you know? A. The first 1 
know of its being broken was that day when they threw some 
of the pieces at me. 

Q. What sized pieces were thrown? ^. Quite large 
pieces. 

Q. Do you recognize that as one of the pieces of the grind- 
stone? /I. Yes, sir. 

Q. How do you know that is one of the pieces? A. I 
know by the marks on it. 

Q. Where did you find it ? A. 1 picked it up off the deck 
after it was thrown at me, and a number of other pieces. 
Whenever they would throw anything I would pick them up 
and carry them aft, so they would not get them to throw 
again. 

Q. Do you know who threw that particular piece ? A. No, 
sir ; I do not. 

Q. What pieces of iron were thrown ^ A. A stove in the 
forecastle J — pieces of cast-iron. 

Q. Was there a stove in the forecastle before this time ? 
^. Yes, sir. 

Q. Was there a stove afterwards ? A . No, sir. 

Q. The pieces that were thrown were pieces of cast-iron ? 
A.. Yes, sir. 

Q. Did' you find that grindstone subsequently to this day 
on the vessel ? A. No, sir; I found only the crank. 

Q. Could you tell whether those pieces of iron that were 
thrown formed part of a stove ? A. Yes, sir. 

Q. Was there any other stove there ? A, No, sir, not in 
that part of the vessel, except the galley stove. 

Q. Were you hit during the day r A. Yes, sir. 



60 EVIDENCE. 

>, How many times ? A, Two or three times. 
With what ? A. 1 was hit once with a hottle. 
Whereabouts ? ^. In the side. 
K Do you know who threw it ? A. No, sir; I do not. 
S. Were you hit with anything else ? A, 1 was liit with 
a piece of cast-iron in the face, in the jaw. 

Q, Do you know who threw it ? A. No, sir. 

Q, What effect did it have? A. Dislocated my jaw, — 
broke my jaw in the centre. 

Q. Did it bleed ? A. Yes, sir. 

$. What do vou understand is dislocating a law; what do 
you mean by that ? A. Dislocating it would be un jointing 
it here, I should suppose. 

Q. Was that done ? A. No, sir; mine was broken here, in 
the centre, in front. 

Q. What time in the day was that ? A. 1 could not give 
the exact time; somewhere about eleven o'clock. Another 
time I was struck with a piece of cast-iron on the hand. 

Q. Do you know who threw that piece ? A. No, sir; when 
I would raise my revolver to one, another one would throw at 
me, I could not see. When I would be pointing at one I would 
get a stone or piece of cast-iron or a bottle from another, and 
could not see who threw it. 

Q. Who, during the forenoon, did you see throw anything? 
A. I saw all three of them throw at different times. I coiud 
see them throw at* the steward. 

Q. Where was the steward? A. Sometimes he was abreast 
of me, sometimes in front and sometimes behind me. 

Q. Did you ever go on different sides at the same time ? 
A. Venr seldom; sometimes we would. 

Q, Was the steward hit during the forenoon ? A, 1 think 
he was, some time about ten or eleven o'clock; it might have 
been before or after. After we fired a number of times this 
way — by standing some distance from them — we. could not 
hit them, and then one of us kept a watch while the other 
went up and fired across the forward part of the house. We 
had to go right up to the forward comer of the house. They 
were in front of the house, and we had to go up to the for- 
ward corner and pass our hand round with a revolver and fire. 
We went to the port side and fired across. At pne time the 
steward went up and fired, and said he had hit Glew. After 
he fired Glew was missing. That was about ten or eleven 
lo'clock. Then I saw Smith take his place; he came to the 
jjort side, and Miller kept watch over the top of the house 
and round the starboard side. I saw Smith standing 'by this 
corner of the house and looking aft. I saw Miller standin^r 
^n this side ; sometimes he would be looking aft, round 



EXAMINATION OF WM. M. PATTEBSON. 61 

the side of the house, and sometimes over the top of the 
house. 

Q. On which side did the steward go forward to fire at that 
time ? A, Oh the port side. When I; was standing there 
Miller threw a piece of stone, like that, at me, and it passed 
over my head and went overboard. I stooped a little and^the 
stone cleared my head and went over the rail. We then 
-went aft and loaded our revolvers again, and came forward 
and I went up and fired across the house, the same as the 
steward had done before. Shortly after that 1 saw Glew 
watching round the other side of the house, on the starboard 
side. When we came forward again they were all three 
watching us, — all three looking aft round the house. I then 
called to Smith and said, '' Are you going to release the 
mates and give up before any of you are hurt ? " I got no 
reply. I repeated the same to Miller and the same to Glew, 
and got no answer. I spoke, loud enough for them to hear 
me plainly. I was about fifteen or twenty feet from them at 
that time. I then saw Miller with this piece of iron in his 
hand and tried to get a shot at him over the top of the house, 
and fired at him. After firing two or three shots I had to 
leave them; it was coming on night, and I stopped, and went to 
work taking sails off of the vessel. I took olf the main and 
mizzen topsails and the spanker. The fore-topsail had blown 
to pieces. That was about one o'clock — between twelve and 
one — when I took the sails in. 

Q, What time did the sail blow to pieces ? A. During the 
night previous. The foresail had blown from the mast, and 
the fore-boom was adrift from the mast and the sail had 
blown from the mast, all except on the gaff. After we had 
taken the sail in I went forward and asked them if they had 
decided. I called Smith, and asked him if he would release 
the mates and give up; if they did not I should commence 
firing on them. He said if we would stop firing he would 
release the mates. 

Q. Whom did he say this to, and when V A. He said it to 
me, about three o'clock. 

Q. Where were the other two then when he answered you? 
A. They were all three in front of the house, in the forward 
part of the house. 

Q. Was this two o'clock on the afternoon of the first day, 
or two o'clock on the morning of the second day ? A. Two 
o'clock on the first day. 

Q. The 20th ? A. The 21st. 

Q, What hour do you fix ? A, Two to three o'clock. I 
did not keep much of a run of time on that day. There was 
no cooking on the vessel ; no meals. I said in reply, '^ If you 



62 BVIDBNCE. 

donH give them u]) and release them, and give yourselves up, 
the shots will come hotter and hotter until you do." To this 
they made no reply. Some few minutes after we went for- 
ward, I went and fired across the front of the house. I saw 
Smith sitting just in front of the house, — sitting down with 
a board in front of him. I fired at him by the house, and I 
saw the board drop. I then retired. I did not stop any time, 
but went away. When I was going oft there were some 
pieces of iron and pieces of stone come after us. ' I did not I 

see who threw them. Then, after I went aft, my wife went 
forward. 

Q, How far did she go ? A. She went forward very near 
to the mainmast. 

Q. Did she say anything ? A, She did. 

Q. Did you hear it ? A. Yes, sir. 

Q. In what tone of voice did she speak? A. She spoke 
quite loud. Her face was turned forward towards the men. 

Q, How far off were the men from her? A. Thirty or 
forty feet, — thirty feet, I should say. 

Q. Were they in hearing distance ? A. Yes, sir. 

Q. What dia she say? A. She said, "Why won't you 
release the mates and give up and stop this work? Some of j 

you will get killed if you don't." ' 

Q, Did you hear any reply ? A, No, sir. Glew was then i 

on the port side of the house again. I saw Miller looking 
over the top of the house. ^ 

Q. What time in the afternoon was that ? A. I think it 
was between two and three, — a few minutes after I fired at 
them. I saw Glew reach down in front of him and pick up 
something. I then spoke to my wife. She then went aft 
with me. We then loaded our revolvers again, and I went 
forward on the starboard side of the house and attempted to 
fire at Miller ; and when I did so, he stood with this iron 
again in his hand, and motioned towards me to throw it. I 
waited some time with my revolver in my hand pointed 
towards him. After some minutes I fired. I then went to 
the port side again and fired on the j)ort side. 

Q. How far forward did you go at this time when you 
went on the port .side ? A* 1 think abreast of the galley 
door, — abreast of the after part of the forward house. I 
think I fired twice there, and then went back and loaded my 
revolver again. Then we went to work furling the sails and 
pumping the vessel. The glass was falling at this time, — 
the barometer, — and I feared there was a gale of wind com- 
ing on, and I left them and went to work furling the sails 
and getting the vessel ready as well as I could for heavy 
weather. That was about three o'clock. We worked from 
that time until about four. 



EXAMINATION OF WM. M. PATTERSON. 63 

Q, Where were your revolvers while you were doing this 
-work ? A. We each one had a revolver with us. The stew- 
ard and I were the only ones that used any fire-arms. 

Q. Where was Heniy during this day ? A. He was at the 
wheel part of the time. The first part of the day I kept him 
ill the cabin out of sight. I didn't want the men to see him. 

Q. Bid he do any fighting at all ? A. No, sir. 

Q. What did Jacob do during that day? A. He was at 
the wheel a good pai*t of the day. 

Q. Did he do any fighting during the day ? A. No, sic. 

jQ. How many times should you think, in all, that you tired 
your revolver that day ? A. I should think that day I fired 
twentyor twenty-five; perhaps thirty. 

Q, Which fired the most, the steward or you ? A. 1 think 
the steward fired the most, — considerably the most. 

Q. Did any of the three defendants, during that day, say 
anything to you except Smith ? ^. A number of times they 
would tell us, — Glew made a remark to me two or three 
different times: said he, " Fire away I That is one shot less." 
Smith also made the same remark two or three times, — told 
us to fire away. 

Q. Did you hear anything said by Miller? A. I heard 
him curse at us a number of times. 

Q. Which of the three defendants do you say threw the 
most missiles ? A, Glew threw the most. 

Q. How many do you think that Glew threw during the 
day ? A. 1 should say he threw thirty. 

Q. How many should you think Smith threw? A, I 
should say eighteen or twenty, or about there. Miller threw 
not more than, I should say, fifteen. Glew was in the most 
exposed place, and had the best chance to throw. Miller 
kept more out of the way ; so did Smith. Glew would expose 
himself the most and threw the most. 

Q. What time 'did you cease firing that day? A. About 
five o'clock in the afternoon. 

Q. What time would it become dark, if you recollect? 
A. About six. 

Q. Did you fire any during the night ? A. No, sir. 

Q. What were you doing ? A. We kept watch. All we 
did was to steer the vessel and keep watch. 

Q. Did you sleep during the night ? ^. No, sir. 

Q, Who was at the wheel? A. I might have slept perhaps 
half an hour. 

Q. Who was at the wheel ? A, Part of the time Henry 
and part of the time Jacob. They took their regular turn at 
the wheel. 

Q. What was the weather ? A, The wind blew fresh all 
nighty — about northwest. 



64 EVIDENCE. 

Q, Did you Bee anything of either of the defendants daring 
tlie night? A» Yes, sir; I saw them all the time up to 
ahout two o'clock in the morning of the 22d, — Thursday. 

Q. Did you see them after that time? A. No, sir ; I think 
not, — after two o'clock. I think it was somewhere between 
one and two. 

Q. Did you see them after that on deck at all until the 
next day ? A. No, sir. 

Q, What was done in the morning ? A. As soon as it was 
liglit we went to the pumps and pumped the vessel. We 
pumped the vessel during the night. I think at twelve 
o'clock that ni^ht and the next morning at daylight. 

Q. How much water was there, — auytning unusual? A, 
No, sir, nothing ' After we pumped the vessel I went for- 
ward to see if 1 could see anything of the men, and saw 
nothing of them. I saw that they had the forehatch secured 
from the upper deck. There was a chest set on the hatch 
and a lashing passed from one side to the other over the 
chest and lashed down. The second mate's chest it was. 

Q, Where was the second mate's chest kept prior to that 
time ? A. For about a week before he had kept it under the 
top-gallant forecatitle. His room was wet. 1 also saw the 
lashmgs were all cut off from the boat. The boat was entirely 
adrift. I mean the lashings were cut. She was laid across 
the forehatch on deck. 

Q. What was the condition of the plug of the boat ? 
A. Some one had put a plug in the boat during the night, 
and put a rope to her for a painter. I then went forward 
and saw the door of the forecastle was open. I could see 
nothing of the men. I then closed the aoor; the steward 
was with me. I think I closed the door; I am not sure I 
did. 

Q, Was anybody there but the steward ? A. 1 don't 
remember of any one. Jacob Limber might have been 
somewhere near. I think he was not far off ; but where he 
was standing at the time I would not say. The steward took 
a hammer and nails and nailed the door up. I then got some 
planks and' put over the door, and secured the planks over 
the door. I then opened the top of the house — the smoke- 
pipe in the top of the house, the deck iron. I opened that 
and turned a lot of cold water down through this deck iron, 
three or four buckets. I then opened the galley and built a 
fire in the galley and heated some water. After I got some 
water heated I turned some hot water down in this place. 

Q. Whereabouts upon the roof was this opening ? A, 
Down through the centre of the forecastle. 

Q, How large an opening ? A. A six-inch pipe. 



EXAMINATION OP WM. M. PATTEESON. 65 

Q. Did you look down through ? A. 1 did, after I turned 
tlie water down. I looked to see if the deck was all right. I 
saw that the deck was all right in the centre of the fore- 
castle. 

Q. Is oil cake combustible ? ^. It will burn as quick as 
any oil. It will burn very quick if the fire gets to it. After 
■we got a plenty of hot water I then made some holes through 
the bulk-head, between the forecastle and galley. I took an 
auger and cut the boards off with the auger in different 
places. 

Q, How large openings did you make ? A. Three to six 
inches wide and two to four or six feet long. One place four 
feet; other places two or three feet. While this water was 
heating I told the man, Jacob, and the steward to open the 
hatch and go down. 

Q. State what these men did, if they did anything. 
^. They took off the forehatch and went down below, and 
Mrere gone some ten or fifteen minutes. The forehatch is 
the hatch forward of the foremast. 

Q. A large one ? A, ]N'o; a small one. 

Q. Is that the " booby " hatch ? A. No, sir; it is the fore- 
scuttle. 

Q. You mean the very forward hatch of all ? A, Yes, 
sir. 

Q. "Was not that the booby hatch ? A, The booby hatch 
is generally forward of the mizzenmast, — between the miz- 
zen and main. Different rigged vessels have different named 
hatches. 

Q. Which of the hatches was the boat across ? A, The 
forehatch. 

jQ. There are two hatches in front of the forward house, 
and the boat was across which one, — the one nearest the for- 
ward house ? A. Yes, sir. 

, Q, The scuttle was ahead of that, — the one that had the 
chest on it ? A. Yes, sir. They went down and came back, 
and they made a report to me when they came back. I told 
the men to go back again, and sent them down forward 
again. They stayed some time, and came back and reported 
to me again. 

Q. At the time you made these openings between the gal- 
ley and forecastle, what was going on inside the forecastle, if 
you know ? A. 1 could see nothing in^-ide. When I would 
cut a hole there would be a bed or clothes-bag or something 
put up to stop the hole I would cut. After I made some of 
those holes I asked Miller and Smith and Glew, all three of 
them separately, if the mates were in there with them. At 
one time I heard some one say, "Yes." I think he said 



66 EVIDEirOE. 

• 

*' Ye^. " I could not understand. I heaid him say something, 
and I understood him to say, ^^Tes," but would not say 
poMtivcljr. 

Q. Prior to the cutting of the holes, had you said aujrthing 
to any of those in the forecastle ? A. 1 called them by name 
to see if they were in there. I got no reply. 

Q. Was any firing done that morning ? A. Shortly after 
they w<iuld not answer, I got a number of holes cut^ and then 
the steward fired a number of shots into one of the windows. 
We opened the two windows. 

Q. I>id you fire that morning? A. Yes, sir; I fired iu 
through the holes that I cut. 

Q. llow long did that continue ? A. About two hours — 
to about eleven o'clock — from the time the first shot was fired 
in there. I got these places cut so I could see all through the 
forecastle; mit I coula see none of them. I was looking for 
the mates, but could see no one. 

Q. Was there any part of the forecastle you could not see? 
A, I could not see under the berths. There were boxes and 
barrels in front of the berths. I could not see under l&em. 
I then ^ye some of the men some hot water, and told them 
to turn it into the windows. They turned some hot water in 
the starboard window first, and I saw nothing. Then I had 
them turn st)me in the port window. After turning one or 
two buckets into the port window, I saw some one partially 
out from under the berth and under the window. 

Q. Did you know who it was ? ^. I was not sure. I said, 
" Are you going to give up ? If you don't I shall fire on 
you. " I got no reply. I could then see this man as he 
lay, -'about half his length. 

Q. Which half ? A. His legs. I then fired at him, /ind 
the steward fired at him at the same time. The boy turned 
some water in the other side; and I saw Glew on the other 
side, and I fired at him. I think about that time I heard 
Miller say, " Stop firing I I will give up." At the same time, 
as soon as Miller said he would give up, Glew said he would 
give up. 1 then told the steward to stop firing; they said they 
would ^ive up. 

Q. Did Smith say anything at that time ? A. No, sir; 
shortly after he said he would give up. I stopped firiii;;, and 
never fired afterwards. I then went out of the galley nnd 
went round to the starboard window, and told them if they 
would give up to come up to the window and have irons oii» 
Smith came right up and put his hand out of the ^window, 
and I put the iron on one hand. I then took a chain and made 
it fast to the iron, and held him in the window, with one 
hand out of the window. I then told Miller to come up. I 



EXAMINATION OP WM. M. PATTERSON. 67 

said, " Miller, come up and have the irons on; come up, and 
come in irons." He said he could not get up there. 1 told 
him he could, and he must come. He said he could not. I 
told him he must, and he then got up and put his hand out of 
the window. I put the iron that waii on Smith's hand — the 
other part — on Miller's hand, ironed them together, and 
dr^w a chain through the two parts and made them fast. I 
thon told Glew to come up and have the irons on. He said 
he could not, the same as Miller. I told him he must, — he 
must have the irons on. Miller and Smith spoke to him, 
and told him to come up and go in irons'. He said he could 
not get up. I told the stewara if he did not come up to look 
out for him. He then said he would come up and have the 
irons on, and put his hand out of the window, and I put the 
irons on him on one hand. 

Q. How many sets of iron did you have on the vessel? 
^. Two sets. I then said, " where are the mates ? " 
[^Objected to.'] 

Q. (by Mr. Hill). What did you mean when you told the 
stewara to look out for Glew ? [Objected to.] 

Q. Did the steward have a revolver in his hand at that 
time? A. The steward was on the farther side with a 
revolver. 

Q. In the first place Miller said he could not come up. 
^. In the first place Miller said he could not come up. 

Q. Then you told him he must ? A. Yes, sir. 

Q. At last he did come forward ? A. Yes, sir. 

Q. Did you have a revolver in your hand ? A, Ko, sir; 
I think not. I think I had put my revolver in my pocket. 1 
Tivas putting the irons on the others. 

Q. You told him he must come up ? A. Yes, sir. 

Q. "Where was your revolver when you told Miller he must 
come up ? A. 1 think it was in my pocket then. 

Q. Did you not take hold of it ? A. 1 will not say whether 
it was in my pocket or whether I laid it down on deck. 

Q. Didn't you take hold of it at that time ? A. I might 
have had it in my hand. After I had Smith fast and had 
irons on him and the chain fast to him, waiting for Miller, I 
might have taken my revolver. 

Q. Then you told him he must come up ? A. 1 told him 
he must come up. 

Q. The steward was on the other side of the forecastle 
Tvith a revolver in his hand ? A. The steward had been on 
the other side. 

Q. Where was he then ? A. Whether he was there after 
they had all come up — I told him not to fire. 

Q. Where was he before they all gave up ? A, He wa» 
in the galley with me. 



68 EVIDENCE. 

Q. With his pistol in his hand ? A. Yes, sir. He fired 
at Miller, and Miller said he would give up. 

Q. Didn't he fire after Miller said he would give up? 
A, No, sir. 

Q. Didn't you ? A. No, sir. 

Q. Didn't you find out afterwards that, you fired after they 
said they would give up, — I don't mean intentionally, but 
unintentionally? A. No, sir. ' 

Q. Where was the steward at the time you told him to f 

look out for Glcw? A. He was on the port side of the 
house, I think at the window. 

Q, With a revolver in his hand ? A. Yes, sir. 

Q. You spoke loud enough for everybody to hear? A. 
Yes, sir. 

Q. How large is the forecastle? A. Ten by twelve, I 
should say. 

Q. As much as that ? A. Ei^ht by ten. I can give you 
the exact dimensions, — eleven feet athwart ships and nine 
feet fore and aft. 

Q. Didn't you have your revolver ready for use while you 
were putting on the irons and talking to them lust the same 
as you haa before ? A. 1 don't think I had while I wsa 
putting the irons on Smith. 

Q, When you were putting the irons on anybody didn't 
you have your revolver ready to use in case of accident, or so 
you could reach it ? A. 1 had it either in my pocket or on 
deck. I had it right handy and where I could use it if need be. 

Q. You had it where you could get at it pretty soon? 
A. Yes, sir. 

Q. (by Mr, Pillsbury), Did you put up your revolver 
while you were ironing Miller? A. I will not say whether I 
put it in my pocket. 

Q. Didn't you have it in your hand all the time you were 
ironing Miller afterwardt; ? A, No, sir. 

Q. Are you sure of that ? A, Yes, sir. 

Q. After you got the irons on Miller you had it again ? 
A. Any time that I was standing doing nothing I always had 
my revolver in my hand. 

Q, After you ^ot the irons on Miller you drew yom* re- 
volver again and took it in your hand? A. I drew my 
revolver and told Glew he was playing 'possum. 

Q. You told him he was playing 'possum and he must 
come up to the window, with your revolver in your hand, and 
he said he could not come ? A, He said he could not come. 

Q. Then he got up ? , A. Yes, sir. 

Q. Have you given all the language you used to him? 
A. All the language that I. used. 



EXAMINATION OF %VM. M. PATTERSON. 69 

Q. All you said to him was he was playing 'possum and 
must come up ? A, Yes, sir. 
, 0. He then ^ot up ? A. Yes, sir. 

Q, And you ironed him ? A, Yes, sir. 

Q, Hadn't you just before that fired the shot at Glew 
which struck him in the hips ? A. Not after he said he 
would give up. 

©. At what time was that shot fired ? A, While I was in 
the galley. 

Q. That is the shot of which you expected he would die ? 
A. Yes, sir.' 

Q. That yo\i fired the last thing before you left the galley ? 
A. That was fired as soon as I saw him under the berth on 
the other side. 

Q. Was it the last shot in the galley ? A. It was the last 
shot I fired. 

Q. It was the last shot in the galley just before you went 
out to iron the men ? A, At that time as soon as I fired he 
said he would giye up. 

Q. Then Glew was the first to* say he would surrender? 
A. No, sir. 

Q. Didn't you say as soon as you fired the shot that struck 
him in the hips ho said he would give up ? A, Yes, sir ; 
he spoke for lumself . He said when he was shot he would 
give up. 

Q, When you fired the shot that struck Glew in the hips 
had anybody said he would surrender? A, Miller said he 
would surrender. 

Q, He said so before you fired the shot that struck Glew 
in the hips ?• A. Just about the same time; and immediately 
upon that shot Glew said he would surrender. 

Q. Then you left the galley and went out immediately, 
and put the irons on to the men ? A. 1 gave orders to the 
steward to fire no more ; they had given up. 

Q, Was it immediately after you fired the shot that struck 
Glew in the groin that you went out and put the irons on 
liim ? A. As soon as Smith came to the window. 

Q. Was that immediately after you fired the shot at Glew ? 
^. It might have been ten minutes, I should say. 

Q. Then the shot fired at Glew was the last shot fired in 
the galley ? A. Yes, sir. 

Q. {by Mr, Hill). Didn't you find, after they had surren- 
dered and you went in, that both Miller and Glew were 
severely wounded ? A. Miller was not. 

Q. Where was he wounded ? ^. In the leg. 

Q, Severely wounded, was he not ? How many shot had 
be ? A, He had three shot in the legs. 



70 BVIDENCfB. 

Q, Didn't he go into the hoq;>ital in London some weeks 
afterwards ? A. Oh, yes, sir ; he went into the hospital. 
He had three shots through his leg. 

Q, (by Mr. Sennott). IJow was it about Smith — was lie 
wounded ? IIow many bullets had he in liim, so far as you 
know ? A* 1 think there were two stopped in him. 

Q. There were others that passed by him and one that 
nearly cut him across the abdomen ; didn't he have a severe 
irouud across the abdomen ? A. The worst was through the 
arm. 

Q. Didn't he have one in the back? A. One in the 
shoulder. 

Q. Didn't he go to the hospital ? A. They all three went. 

Q. (by Mr. Sanger). Were you aware at that time how 
seriously Glew was wounded ? [^Ohjected to and excluded.^ 

Q. I will ask you what the steward said at that time if it 
was said in the presence of these defendants ? A. He was 
looking into the window, and said he could see Smith. He 
had a good shot at him. I told him not to fire, they bad 
given up. I said, ^^Don'J; you fire on any account," or 
" Don't vou fire." 1 don't know as I added anything more. 

Q. When was this ? A. This was after they all said they 
would give up. 

Q, Was it before they had put their hands out of the 
window ? A. Yes, sir. 

Q. Where did you get the irons from ? A. They were 
brought to me. 1 don't remember exactly where they were 
lying at the time. 

Q. Had you them with you, or did you have to send for 
them ? A. I think I sent for them. • 

Q. You stated that you put the question to these men after 
they were ironed, *' Where are the mates ? " Go on with, 
your narrative from that point. A. Miller said, " They are 
overboard." I said, *' Who killed the mate ? " Miller said, 
" I killed him." I said, " Who killed the second mate ? " 

Q. Give an account of what was said at the time of the 
surrender, so far as it relates to the mate only. A. I said to 
Miller, " Did you kill the mate and then throw him over- 
board V " Miller said, " I struck him on the head with a 
piece of iron, and he fell on deck, and Smith and Glew — " 
* * * Miller said, " I struck him over the head with a piece 
of iron, and he fell on deck, and Smith and Glew came right 
aft and took hold of him with me, and helped to throw him 
overboard. 

Q, Who was present with you when he made that declara- 



EXAMINATION OP VTU. M. PATTERSON. 71 

tion? A. They all three had one arm out through the 
window. Glew answered, " What is the use for you to say 
that ? I didn't do it." Smith turns to him and says to Glew, 
*' Oh, yes ; you want to back out of it now. You are as bad 
as any of us, and now you are trying to get out of it. We 
liave all got to swing for it, and you might just as well own 
it as to try to get out of it." Glew made no reply; and when 
1 found out where the mates were, I asked no more ques- 
tions, but opened the forecastle doors ; then I took them out 
of the forecastle one at a time. I took Glew and put him in 
his berth, and took Miller and Smith out on deck ironed 
together, and made them fast on the deck together. The 
vessel then was in a bad state ; everything was adrift for- 
ivard. After I got them well secured I had to take the 
others and go to work and repair the damages the best I 
could, and secure the sails and get the vessel into proper 
order for the night. The jnght was coming on,' and we were 
short-handed. There was nothing more said for some two 
hours, I think, or three hours. 

Q. About what time should you say this was ? A. This 
-was about twelve to one o'clock in the day. By the time I 
had them all secure on deck might have been two o'clock on 
the 22d. I got two of them secure on deck and Glew secured 
in his berth. I put the irons on Glew and made him fast 
with a chain in nis berth, so he could not get out of his 
berth. Then I put chains on Miller and Smith that were 
not wounded so bad ; put chains on their legs, so in case 
they got their irons on, they would not be at liberty, and 
kept tnem ironed together that night. 

Q, What was the next conversation you had with any of 
the prisoners? And state who they were. A, After I got the 
vessel secure and things secure about the deck, I went to the 
men and told them I wanted to see their wounds and do what 
I could for them. I asked Miller if I could do anything for 
him. He said he was cold and would like to be covered up. 
They were between the fore-scuttle and windlass on deck. 

Q. Were they where you had put them two or three hours 
before ? A. Y es, sir. Glew was in his berth. 

Q. Is the windlass fore or aft of the fore-scuttle ? A. For- 
ward. 

Q. On the forecastle deck? A. Under the forecastle 
deck. I took Miller first, and examined his wounds. After 
I examined his wounds I then covered him up with his 
blanket. One of the men, or the boy, I think, brought his 
blanket to him and covered him up. My wife was with me, 
and she said something. ^ 

Q. To one of these aef endants ? A. Yes, sir ; to Smith. 



72 EVIDENCE. 

Q, If yoa recollect what it was you may state it. A. She 
asked him if wo could do anything for him. He said, " No ; 
let me lay. 1 am too wicked." After I covered Miller up I 
asked him what had tempted him to do such a terrible deed 
as he had douc, and he said, '^A wicked mind, Captain, — p. 
wicked mind." Then I asked him whose idea it was to do 
such a thing. He said all of them. I told him they all could 
not have the same idea at the same time, and some one must 
have proposed it first. I asked him who first proposed such 
a thin^. He said Smith. 

.p. Who was present when you had this conversation with 
Miller? A, My wife and Smith. Miller said Smith had 
been talking about it all the passage, and said such things 
had been done before and never found out. I then asked 
Smith how he could plan such a thing, and Smith said it was 
Miller's work. I then said to him, " Why did you leave the 
wheel and go and call the other watch out to do such work, — 
such a crime V " He said he didn't know. I then left them 
and went aft, and got some bandages and medicine and 
things to dress their wounds, and came forward to dress 
their wounds. I finished and got their wounds all dressed, 
and then I moved them into the forecastle. 

Q. What time in the day was this when you removed them 
to the forecastle ? A. I think after I got their wouiids all 
dressed and got them into the forecastle it was nearly dark. 

Q. Did you see Glew that day ? A. Yes, sir ; I dressed 
his wounds in his berth. I also asked Miller who it was that 
planned it. 

Q. When? A. I don't know whether it was after or 
before I moved them into the forecastle I asked Miller who 
planned it. 

Q, Is this another conversation or a repetition of the same ? 
A. iNo, sir ; it is not a repetition of the same. 

Q. State anything you have omitted. A, 1 said to Smith, 
" Don't you know you signed the official log certifying that 
if Miller attempted to make any trouble you would come and 
report it to me ? " He said he" knew he did. 1 said, *' Why 
didn't you do as you said you would do when you signed that 
log-book?" He said he didn't know. There were other 
questions I asked, but I cannot think of them just now. 

Q. When was this last conversation with Smith? A, I 
don't remember whether it was after I removed them into 
the forecastle or before. 

Q. Do you recollect anything in reference to Glew ? A. 1 
don't remember of having any more conversation with Glew 
that day. I hadn't mucn more conversation with any of 
them. j[ might have had some, but do not remember just 
now. 



EXAMINATION OF WM. M. PATTERSON. 73 

Q. Where did the prisoners pass the night? A. In the 
forecastle. 

Q. Were they alone ? A. Yes, sir ; they were alone, 
except there was a watch kept over them. I was backwards 
and forwards during the night. 

Q. Where were Jacob and the French boy that night?- 
A^ They were at the wheel. 

Q. Not in the forecastle ? A. They were there occasion- 
ally, but not much of the time. They had to steer the vessel. 
One had to be at the wheel — one or the other — all the time, 
or nearly all the time. 

Q. How did you keep guard over them ? A. There was 
no watch k;ept over them, except what I kept myself. I went 
backward and forward every hour, or every half hour, to see 
they were well fastened and didn't get their irons off. 

Q. Was the forecastle door opened or closed? A. It was 
open most of the time. 

Q. Did anything take place that night in particular ? A. 
No. sir; notning particular that night. We saw a vessel that 
night, but could not signalize her. We had no means of sig- 
naling in the night. 

Q. How far away ? A. She passed quite near us, — within 
half a mile, — so near we could see her sails and rigging quite 
plain. That was some time during the night of the 23(1. 

Q. Wednesday night, Thursday night, or Friday night? 
^. Thtirsday night. 

Q, Which day do you understand to be the 23d, Thursday 
or Friday, — when does the 23d begin? ^. The 23d by 
seartime would begin at noon on the 22d. I think it was 
Thursday night we saw the vessel. 

Q, What occurred the next day, if you recollect? A. 
Nothing, with the exception they complained about their 
irons, — that their irons were too heavy, — and wanted me to 
take some of the irons off of them. Smith and Miller com- 
pilained. I told them 1 put them on so they would be secure, 
and I could not take any of the irons off. I was afraid of 
them, and could not take any of the irons off. They were 
all the irons I had on the vessel that I could put on them, 
and I had nothing different, and they would have to be satis- 
fied with them. 

Q. Were you able to get your sails spread ? . A. We got 
some more pails on the vessel the next day. 

Q, When next did you have any talk with the prisoners in 
relation to this matter ? A. On the 24th. 

Q. Which day do you mean ? A- The 24th, civil time. 

Q. What day of the week? A, I think it was on Monday , — 
niight have been on Sunday; but I think it was on Monday. 

4 



74 EVTDENOE. 

Q, Whom did you converse with ? A. One day was the 
same as another to us. I cannot remember whetner it was 
Sunday, because we worked at all times. It might have 
been Monday. I told Miller, and I think the steward was 
present — 

• Q. Miller was not with either of the others ? A, No, sir. 
I said to Miller, " I want you to go aft and show me where 
my brother stood when you killed him, and iust how you 
killed him, and want you to tell me all about it." 

Q. (by Mr. HUT). Where was Miller at that time? A. At 
the pump. 

Q. Working ? A. He had been working the pump. 

Q. Which pump? A. He was standing on the starboard 
side working the main pump. 

Q. Was he ironed ? A. Yes, sir. 

Q. How ? A. He had a pair of handcuffs on his hands , 
and a chain on his legs. 

Q. Was he very lame ? A. He was not so lame but what 
he could walk. 

Q. With the chain on ? A. He generally took a cane; but 
he could walk without a cane. 

Q. With the chain on his legs he could walk ? A. Yes, 
sir. 

Q. Was he chained to the pump ? A. He was chained to 
the pump when I could not be with him. 

Q. Did he make any objection when you spoke to him? 
A. No, sir. 

Q. Didn't you have that iron in your hand that has been 
shown here ? A. No, sir^ 

Q. You are certain of that? A. I had nothing m my 
hand. 

Q. Didn't you have that iron in your hand, holding it up 
to him at that time ? A. No, sir. I told him I wanted hiin 
to go aft and stand in the same place that my brother stood 
when he struck him. He came along aft with me, and when 
he came aft near the place I told him I wanted him to stand 
in just the same place and facino^ the same way he stood 
when he struck him. Ho came and stood right near the cor- 
ner of the mainhatch on the starboard side, — the after corner, 
a short distance from the niizzenmast, — and I asked him if my 
brother was standing as he was standing. He said he was. 
I said, " Where were you at the time V" He said he was in 
behind the lee side of the after house, pointing on the quarter 
dc^k. He said he was hid behind the house. 

Q, The lee side was the starboard side ? A. Yes, sir. 

Q. Whether the place on the poop deck Miller pointed out 
was the starboard side of the vessel ? A. Yes, sur. 



EXAMINATION OP TfM. M. PATTERSON. 75 

Q, Do you mean the lee side on the night of the homicide, 
or the lee side on the night you were taking ? A. On the 
night he was hid there. He said he was standing looking 
forward and aft, — first forward and then aft into the cabin. 

Q. Who was looking ? A. Miller said my brother was, 
and that he was looking for the second mate. He then came 
down. 

Q, Are you stating Miller's language ? A. 1 am stating 
'What Miller told me at the time. Miller said he then came 
down from behind the house and came towards my brother, 
or " towards the mate," he said. He said when the mate saw 
him coming towards him he said, "What do you want?" 
He said he then raised the iron, and without answerii:^ him, 
struck him over the head, and he fell on deck; and said that 
Smith and John then came — 

Q. (hff Mr. Sennott). Smith was not there ? A. IS'o, sir. 
He said he struck him over the head with the piece of iron, 
and he fell on deck, and Smith and John came right aft, and 
they all throe took hold of him and chucked him overboard. 
I said, "Did he make any noise when you struck himV" 
He said he gave two little grunts, and fefl on deck. I then 
brought this piece of iron out, and asked him if that was 
the same piece of iron that he struck him with. He said 
it was. Then I went up to him and raised the iron over his 
head in that way and said, " Did you strike him that way ? " 
meaning down towards his head. He said, "Yes; th£^ is 
the way I struck him." 

Q, Towards what part of his head ? A. Towards the top 
of his head. I asked him if that was so, and he said, 
*' Yes." I asked if that was the way he struck, — motioning 
down, — and he said it was. He said, "He nad on a cap 
iust like yours." I Jiad on then a cap that was like my 
brother's. That is the cap I had on at the time. 

Q, Do you know whether your brother had one like it ? 
A. Yes, sir ; he had. I asked him what clothes my brother 
had on at the time. He said ho had on a big sea-coat and 
his sea-boots. 

Q. Was anythinff further said at that time that you recol- 
lect ? A. I asked him if he made any noise after he threw 
him overboard. He said he did not. I asked him what 
tempted him to do such a " devilish thing," I exjjressed it. 
He said he was dragged into it by Smith. He said he was 
dragged into it. I asked him by whom. He said, " By 
Smith." I then asked him why it was that he asked me, 
when I first left New Orleans, if the vessel was insured. He 
Baid some owners did not care what became of their vessel if 
she was insured, as long a&they could get their .pay for her. 



76 EVIDENGE. 

I then asked him — I said, '' Didn't you have that iron behind 
you when I came on deck, — when you called me out on 
deck?" He said, "Yes, he had." Said 1, "You were 




they were going to steer the same course I had been steering 
until they got the vessel in near the land ; then they were 
going to scuttle her and leave her in the boat. I asked him 
if he was a navigator. He said he was not. I asked him if 
he knew anything about navigation. lie said he did not. 1 
said, " What were you going to do with my wife ? " He said 
they were going to put ner down the forehold and make her 
fast, — fast to a stanchion, — and let her sink with the vessel. 
My wife then asked him why he had planned such a crime. 
, He said he fancied he had been imposed upon. She asked 
him in what way. He said ho fancied he had been growled 
at. She asked him if he had ever been officer of a vessel. 
He said he had been second mate of a vessel. I asked him 
what vessels he had been in. He said he had been in the 
"Edith," of Yarmouth, and been in the brig *' Maiy," of 
Bangor, — Mary something. He said he did not remember 
the other name. And then a vessel from New York. I have 
forgotten the name. I '. e said he was in as second mate. I 
asked him if he was ever in the brig " Mary Celeste." He 
said ** No," and then said he hoped that we would spare his 
life and take him to the law. I told him I did not want to 
hurt him ; that I should take him where he would get law, 
and I hoped justice. 

*Q. Recollect anything further V A, 1 think there were 
some othpr things said, — we talked there a long time, — 
but I don't remember. 

Q. Do vou recollect whether the question was asked him 
whether he had ever been growled at on other vessels V 
A. Yes, sir. 

Q. State what was said in relation to that. A, My wife 
asked him if he had never been growled at on other vessels, 
lie said. Yes, he had been growled at a good deal worse on 
other vessels, and never thought of doing such a thing as 
that there, and should not at this time if it had not been for 
Smith. 

Q. Was any question asked of him as to when he was an 
officer what he would do with* a man that had acted as he did 
during the voyage? A. My wife asked him that question, 
what lie should do if he had been on a vessel and a man 
growled as he had done while he had been on this vessel. 
He said he should have stopped it if he could. 



EXAMINATION OF WM. M. PATTERSON. 77 

■ 

Q. Had Miller in fact asked you if the vessel was insured? 
A* Yes, sir. 

Q. When ? A. The first day we sailed over the bar, — the 
time that he attempted to make a noise or some trouble with 
the mate, and I spoke to him about it. 

Q. How far in front of the after cabin was the point that 
Miller pointed out as the spot of the alleged homicide? 
A. It was about eight or ten feet, — might have been a little 
short of ten feet and might have been a little over, — where 
he stood at the time. 

Q. On the starboard or port ? A, On the starboard side. 

Q. The after starboard comer of the main hatch, or in that 
vicinity? A» Yes, sir. I asked him to go to the rail and 
show me the place where thev threw him over the rail. He 
went to the rail and put his hand on the rail and said they 
threw him over there. 

Q. "Whereabouts was that ? A. About twelve or fourteen 
feet from the after house. 

Q. On which side ? A, On the starboard side. 

Q. At the time when he told about throwing the mate 
overboard, did he state how the different parties took hold of 
him ? A, He said he and Glew took liold of the mate's 
shoulders, hold of his body, and Smith took hold of his 
legs. 

Q, Recollect as to whether he looked after he was thrown 
overboard to see what became of him ? A, Ko, sir. 

Q, Who were present at this time ? A, My wife and the 
steward. I don't know whether the boy or Jacob were there 
or not. My wife was there, and the steward was there part 
of the time ; whether he was there all the time or not I could 
not sav. 

Q. t>id you have any talk with Miller at any subsequent 
time on the voyage in reference to. the death of your 
brother? A, Yes, sir; I think I had a number of times. I 
asked him different questions about it. He never made any 
long statement about it. He never told me the circumstances 
about it as he did at that time. I asked him a great many 
questions about it at different times. 

Q, DM he ever vary any of the statements he had pre- 
viously made? A. Yes, sir. 

Q. I)o you recollect anything he ever said afterwards on 
this matter ? ^. At one time I asked him what he intended 
to do with me when he called me out forward and told me 
there was a man forward with his leg broken, or Glew had 
broken his leg. 1 asked him what he intended to do with 
me. He said he intended to make me fast and put me down 
in the forehold. I asked what he intended to do with 



78 EVIDENCE. 

• 

my wife. lie said he intended to put her down there with 
mc. He said at that time he intended to scuttle the vessel, 
and let us both sink in the vessel. Then he said he intended 
to kill me and throw mc overboard, the same as he did the 
mate. 

Q. Can you give any idea as to when this last conversation 
took place ? uT. The one was the day I dressed their wounds 
lirst, when they were forward; and the other was at the time 
he was there. 

Q. Subsequent to the time when he gave this minute 
description, do you recollect his saying anything? Who 
were present at the time when he made this statement on 
the day of the surrender 1 A. 1 think my wife was there on 
both times. 

Q. Do you recollect anything further they said about the 
homicide ? A. Sometimes I asked him why they had done 
such a crime. Two or three times he said it was a wicked 
mind. Another time he said Smith dragged him into it, — 
he was dragged into it by Smith. 

Q. Did Miller at any time during that voyage state to you 
when the plan was mode, and who were present ? A, He did 
once in the presence of Smith. I think it was at one time 
they were in the forecastle. It might have been some six or 
seven days after the surrender, and might have been more 
and might have been less. Miller said lie got his onlers from 
Smith that night at eight o'clock. 

Q. Who were present ? A. Smith. 

Q, Was your wife present ? A. Yes, sir; I think she was. 

Q. Where was Glcw ? A, 1 think he was there in the 
forecastle. It think they were all three there Smith said it 
was not so. Miller said to Smith, *' Didn't you come and call 
us, and tell us you had your plans all made, and you were 
going to do it that night ? " and Smith made no reply to 
that. 

Q, What, if anything, did Glew say? A. He told two or 
three different stories about it. 

Q. At that time ? A. J. think he said nothing. 

Q, How near was he to the party speaking, — Miller? 
A, About six feet, I should say, perhaps less. 

Q. Was anything said to you by Miller as to what the plan 
was in the beginning at that time ? A, No, sir. 

Q, Did he at any time state what the plan was in the begin- 
ning? A At one time he told what the plans were when 
they were ironed. 

Q, Did he ever say anything in addition to what you have 
already said ? A. I had so much conversation with them and 
so many times during the sixteen days they were aboard of the 



EXAMINATION OF WM. M. PATTEESON. 79 

vessel in irons that I cannot remember all that they said. I 
remember a great part. 

Q. Whether you had any other conversation in respect to 
the plan other than that lie gave at the side of the vessel 
when you called him aft ? I refer to the original plan. 
Whether Miller ever made any statement to you as to any 
plan prior to the homicide, before the homicide ? A. He 
never reported to me that any such thing was going to be 
done. 

Q. Whether after the homicide Miller ever stated to you 
what plan he or anybody had before the homicide; that is, as 
to what they intended to do originally ? A, He said a nimi- 
ber of times that he intended to kill all of us. Miller said 
-when he was there behind the house when I came on deck 
that Glew and Smith were forward. He said one of them 
w^as standing behind the mainmast and one of them behind 
the house. He said they wefe standing there each of them 
w^ith a capstan-bar in his hand. 

Q. Whether Miller at any time subsequent to the alleged 
hoiQicide stated to you what the plans were before the homi^ 
cide, and when it was formed ? A. He said they had plans, 
but it was in the forecastle. 

Q. When? A. I think it was five or six days after the 
murder. I think Smith and Glew were both present. I can- 
not repeat the conversation now. The substance was that 
they all made it up that night, — that the plan was made that 
night between the three or them at eight o'clock. 

Q. Did he state what the plan was ? A» He did, but I can- 
not state it now. 

Q. (by Mr. Cummings). Did you ever have any talk with 
Smith in regard to this matter at the time Miller said the 
plan was made at eight o'clock ? Did Smith or Glew make 
any remark ? A. JSTo, sir; they made no objections to it at 
the time. 

Q. Subsequent to the surrender, did you ever have or hear 
any talk on the part of Smith in reference to, the death of the 
mate ? A. Yes^sir; I heard Smith tell how he was thrown 
overboard. 

Q. What did he say about it ? A* 1 asked him — my wife 
asked him in my presence — how it was, and he told her. 

Q, (by Mr. Sennott). You have sworn you were there 
yourself. A. Yes, sir; I was there, but I didn't ask the 
question. 

Q. What question did she ask ? A. She asked Smith what 
part of the body Glew took hold of. He said he took hold of 
the foot, I think. 

Q. , Was anything further said at that time ? A. I will 



80 • EVIBENOE. 

correct what I said before. He said Glew took hold of the 
shoulders and he took hold of the foot, I think. 

Q. Do you feel certain ? A. Yes, sir; I am quite certain 
that was the way. 

Q. Who was present at that time ? A. They were all three 
in the forecastle at this time, and I had a talk with Glew at 
other times. 

Q. How long was this after the surrender ? (Clifford^ J.). 
He stated that it was five or six days. A. (Witness), l^ot 
the conversation I had with Glew. 

Q, (by Mr. Cummings). W hen was it, after the surrender, 
that Smith made this statement in reference as to how they 
took hold of the mate ? A. I think that was eight or nine 
days after, — perhaps ten, and it might have been fourteen 
days after. 

Q. How near together were il^e three prisoners when Smith 
said this V A, They were all three in the forecastle together, 
not more than six or eight feet apart. 

Q, Who took part in that conversation ? A. 1 took some 
part in it, but not much. My wife was talking with me. 

Q. Who was she talking with ? A, My wife and Smith. 

Q. At that time was anything else said by anybody there 
present? A. Yes, sir; I remember of asking Miller 'why it 
was that he done it at that time ; but the answer was so much 
like former answers that I don't remember what questions 
I did ask. 

Q. Did Glew sav anything ? 

Q. (by Mr. Field). Glew was in the forecastle all the time 
from his surrender up to the time you got to London ? A . 
Yes, sir. 

Q. Confined there by his wounds ? A. Yes, sir. 

Q. And a lar^e part of the time was expected to die from 
day to day ? A. 1 supposed from the state of his wound that 
he mic^ht die at any time. 

Q. What was the state of it ? -4. 1 supposed that the bail 
when it went ii> here in his side took a forward course; but I 
afterwards learned that it took a baok course and lodged in his 
back, instead of goin^ through, ias I supposed it did; therefore 
I was deceived as to his condition. He was in great pain. 

Q. And was unable to stand up all the time, wasn't he? 
A. At first, I think, he was unable to stand up. 

Q. Lying in his bunk, suffering pain all the time? A. N'o, 
sir; not all the time. When he was moved he suffered pain. 

Q. Were there any days before you got to London that, so 
far as you could judge, you thought he would die ? A. I 
thought he would, and I thought that mortification might 
take him any time. 



KXAMINATION OF WM. M. PATTERSON. 81 

Q. From such appearances that you observed? A, By 
the way he represented his case to me ; but I found he repre- 
sented it altogether different from what it was. 

Q. Were there any days you expected he would die before 
he got to London ? A. 1 thought that he would. 

Q. How many days? A, At the time he was shot, — a 
peison in his condition, — I never saw one before, — from 
what I had heard, I thought he couldn't live over nine days. 
I thought when the nine days were passed he might die any 
day, 

Q. "When he got to London, didn't you tell the magistrate 
there that you thought he would die immediately ? lObjected 
to,'] 

Q. Did that condition of Glew, so far as you can judge, con- 
tinue from the time he was shot until the vessel got to Lon- 
don ? A. That was my opinion; but when I got to London 
and had a physician examine him he told me I was wrong. 

Q. (by Mr. (Jummings). You may go on now and state 
anything that was said by Glew at that time. A. I asked Glew 
where he was at the time that 1 was called out in-the night, 
'the time that Miller called me. At this time he said that he 
was standing forward by the after part of the forwaixl house. 
I asked him if he had anything in his hand, and he said he 
had a capstan-bar in hand. I asked him where Smith was 
at that time when he came on deck. He said Smith was 
standing behind the mainmast. J asked him if he had a 
capstan-bar, and ho said that he had; and 1 then asked him 
whether he really did help throw the mate overboarti or not. 
He said that he did. 1 a^ked him what he intended to do 
with that capstan-bar when he was standing there. I think 
he made me no reply. I don't remember what his reply was. 
I remember my wife asked him. I didn't asfk him any more 
questions, not at that time; one or two days before, my wife 
asked him a number of questions. 

Q. You may state what they were. A. All that memoran- 
dum was madfe of them, and I couldn't state the whole of 
them without I saw that to refresh my memory. 

Q, Is your memorandum here ? A, Yes, sir. {_Memora7i' 
dum handed to witness.'] 

IMr. Field objected^ and contended that the counsel for the 
defendants had a right' to see the memorandum before it was 
put into the witness'^ s hands, and to inquire as to who made it, 
and as to where and when it was made.] 

[Clifford, J, We think, under the circumstances, witTwut 
making any general ruling^ that we will allow the counsel 
to see the paper and to inquire when it was made and who 
made it] 



82 EVIDENOE. 

[ Witness eocamin£d the memoraiidum and handed a portion 
to Mr. Field,] 

IMr. Field. I would like to sliow this paper to the Court 
before I make any examination. Paper lianded to the Court. ^ 

IClifford^J. (after reading paper). Well ^ sir?} 

Q, (by Mr. Field). la whose handwriti^ is this paper? 
A. My wife's. 

Q. vVhen was it written ? -^. It was written at the time, 
— ihe same day that ho made it. 

Q. When was it written, if you know ? A. I can't tell the 
exact date. I think it was about, — it might have beeii some- 
where near the 30th of April, either the' 28th or the 30tli. 

Q. Where was it written ? A. It was written on the ves- 
sel at that time. 

Q. Where was it written? A. I think it was written in the 
forecastle; I won't say for certain. 

Q. Were you present when it was written ? A. Yes, sir; 
I was. 

Q. Can't you tell me, then, where it was written ? A. It 
was written in the forecastle. 

Q. Do you remember where it was written ? A. I know 
that one was written in the forecastle at that time, and I 
think tliat is the one. 

Q. Do you remember where this paper was written ? A. I 
think it was written in the forecastle. 

Q. How many papers were written in the forecastle ? A. 
Only one, to my knowledge. 

Q. What makes you think this paper was written in the 
forecastle the 30th of April ? A. Because I don't know of 
any others that were wiitten. 

Q. Is that the only reason you can give? A. I never 
marked the paper that I should know it again. 

Q. In whose possession has this paper been ? A. It has 
been among other of the vessel's papers. 

Q. Where did you next see the paper that was written in 
the forecastle, if any was written ? Who took it away, — any 
other one besides that, — any paper written in the forecastle? 
A. I don't know that I saw any other besides that. 

Q. If you saw this, where was it taken from the forecastle? 
A. Taken in the cabin. 

Q. Who took it ? A. My wife. 

Q. Where did you next see it after it was taken from the 
forecastle by your wife ? A. 1 think I saw it in London; in 
London, the next time that I saw it, I think. 

(J. When next ? A. I think I saw it in New York. 

Q. When next? A. I think I saw it here in Boston; had 
it in my possession for something over a week. That is a 
paper that has been with other papers of mine. 



EXAMINATION OF WM. M. PATTEBSON. 83 

0* Under what circumstances was that paper written 
down, so far as you heard and saw ? A. On this day my 
wife went to the forecastle with me, and asked Glew if she 
should write for him, if he would like for her to read him a 
chapter in the Bible. 

Q, 1 am not askins: the conversation at all. Were you there 
all the time ? A. Yes, sir. 

Q. Did you take down yourself any memorandum of it, — 
anything that Glew said ? A. No, sir. 

Q. Was any memorandum taken, down of anything that 
was said to him? A. No. sir. 

Q, Was any meihorandum of the conversation between 
your wife ana Glew, or you to Glew, as it occurred, taken 
down by anybody at that time ? A. No, sir. 

Q. And this paper isn't a memorandum of the conversa- 
tion between you or your wife and Glew as it occurred at that 
time ? A, It is not the conversation; no, sir. 

Q, Are the words in that paper taken, every one of them, 
from Glew's lips V A, It was written down as he dictated. 

Q, Do you mean to swear that the exact words were taken 
down? A, No, sir; not the exact words. 

Q. Then that don't purport to be the words which Glew 
said, — to give his words ? A. No, sir; I wanted it to refresh 
my memory so as I could bring to mind the exact words that 
he did say. 

Q. It isn't a memorandum that you made yourself ? A. 
No, sir; my wife made it. I wanted it to refresh my memory 
so as to bring to mind what he did say. 

Q. (by the Court). Made in your presence ? A, Made in 
my presence; and by referring to that I could give the sub- 
stance of what was said at that time. Without it I couldn't 
give all that was said; I could only give part of the conver- 
sation. 

• IMr. Field, It doesnH purport^ your Honor y to he a mem- 
orandum of the conversation at all. The witness expressly 
swears it doesnH take down the conversation."] 

Q. (by Mr. Cummings). Will you state what took place 
before this was written, in order that we may understand 
the circumstances under which it was written ? A. 1 told 
my wife — 

Q. Was anything said to Glew before this was written ? 
A. Yes, sir; my wtfe asked him if she should, — said to him 
that she didn't think that he would live long, and asked him 
if she should read a chapter in the Bible, and he said that 
she might. She then read a chapter of the Bible to him, and 
then she asked him if he had any word that he wanted to 
send to his folks, — parents. She asked him where they 



84 EVIDENCE. 

were, and he told her, and asked him if he had any word 
that ne wanted to send to them; if he did, that she would 
write to them when we arrived in London. He said that he 
had no word to send to his folks; he didn't watit them to. 
know anything about him, where he was. She asked him 
if he wanted to make any statement in reference to the 
case, and he said that he did. She asked him a number of 
questions. 

Q. (by Mr, Pillsburif). Won't you state the exact words 
that passed between him and your wife, if you can ? A. I 
can't state the exact words. 

Q. (by Mr. Cumminx/s). State the su*bstance, if you can. 
A, Tlie substance of it was that he was informed that they 
was a going to do this work on that night, — the night of the 
20th. He was first informed of it about eight o'clock that 
night. It was made up between them to do this. My wife 
asked him if he helped to throw the mate overboard, and he 
said at that time that he didn't. She asked him how he came 
to jointliem, and he said they told him if he didn't assist 
them that they would serve him as all the rest ; that they 
would kill him was the substance of it. 

Q. Do you recollect anything else ? A, 1 don't remember 
anything more now at present. [The Court at this point 
retired^ and on returninfj, ruled that^ in tlieir view of the math 
ter^ the paper put in was not one which ought to be used by 
the toitness to refresh his memory, as it did not purport to he 
a memorandum of the conversation made at tlie limeJ^ 

Q. (by Mr. Cumminys). Do you remember anything else 
that Glew said in that conversation besides what you have 
already stated ? A. He said considerable, but I can't call it 
to mind now. I heard him state at two different times, -^ 
stated it different ways. At one time I heard him say he 
knew it at eight o'clock, and another time I heard him say 
that he didn't know until he was called out of his berth. 

Q. At what hour ? A. It was between ten and eleven he 
was called out of his berth by Smith. He said that at the 
time Smith called him that he knew of it. Smith called hint 
and Miller, and told them that bis plans were all laid, ami 
that he had decided to do it that night. 

Q. To do what that night ? A. At another time he said 
he knew it at eight o'clock. He and Smith and Miller 
talked it over at eight o'clock and the plan to do it on that 
night. 

Q. Were any questions asked him at the time ? A. He 
was asked why he didn't come aft ^nd report it at that time. 
He said he didn't know what the reason was that he didn't, 
but he was sorry now that he didn't dp it. 



EXAMINATIOX OF WM. M. PATTERSON. 85 

Q. When he said it was planned at eight o'clock was that 
in answer to any question? A. I think it was a question 
froni my wife. 

Q, What was that question ? A. I can't state it now. 

Q. (by Mr. Cummings). Will you try to use the language 
of Glcw at the time yqxi stated he said he planned it at eight 
o'clock ; now, will you try to repeat his language ? A. It 
was a question of my wife. I remember his an'^wer every 
time, but I can't give the substance of her words. 

Q Can you state the language of Glew more definitely? 
A. 1 can't than 1 did the first time that I stated it. 

Q. Did Glew state what the plan was at eight o'clock? 
A. I can't say exactly ; I can't be certain. 

Q. Did 3'ou have a talk with Glew, at any time during the 
voyage subsequently to the suiTcnder, in reference to this 
matter, that you have not already testified to ? A. Yes, sir ; 
there was a number of conversations with all of them, but 1 
can't call any to mind now. 

Q. Give all the facts, date, as near as you can, when he 
admitted to you that he did help to throw the mate over- 
board ? l^Mr, Field objected.^ 

Q. When, to the best of your recollection, was that par- 
ticultir conversation when Glew made this statement that he 
assisted in throwing the mate overboard ? A. 1 think it was 
about ten days after ; it was either one or two days after that 
he made that statement, I won't say which, — the conversa- 
tion that I had with him in the forecastle. 

Q. Will you state all the conversation that occurred before 
he told you this, if anything V [^Objected to.] 

Q, (by the Court). Now the question is whether you had 
any prior conversation with him after the death. A. Yes, 
sir ; I had a conversation after this time, — after he admitted 
this. 

Q. (by Mr. Cummings). Before that? A. Yes, sir. 

Q. What was that ? I mean on the same day. I mean 
whether anything was said which led to this statement of his. 

Q. (by the Court). State any conversation that you had 
with him on the same day before that. A. I had some con- 
versation with him as to his condition, how he^felt. I asked 
him how he was, how he felt ; he was in pain ; where his 
pain was ; and he said that he wasn't in near as much pain 
that day as he was the day before ; he was much easier. 

Q. (by Mr. Cummings). Djd you have any conversation 
with him at that time as to whether he was likely to live or 
not, and if so, what ? A. 1 told, him that I thought that he 
wasn't likely to live ; that I thought that liis symptoms were 
bad ; and as the pain was leaving him, that he was likely to 



86 EVIDENCE. 

die at anv time. I told bim that mortiflcatioa was taking 
place, and that lie couldn't live. I a-sked him if he wanted 
to make any confession or tell anything about this trouble. 

Q. What did he say ? A. He said that he would like to. 

Q. What did ho say ? A, 1 can't repeat it ; becaose I 
want to, I can't. 

Q. Can you give the substance of it ? A, I can't now ; 
the more 1 think of it, the less I can think of it. 

Q. What is this for Iprodudtig a bar of wood]? A, A 
capstan-bar. 

Q. Where did that particular capstan-bar come from ? 
A* From the " Jefferson Borden." 

Q, What is a capstan-bar used for? A. To turn the 
capstan for raising heavy weights or moving the vessel. 

Q. Where is the capstan ? A. On the forecastle deck. 

Q, How many capstan-bars were there then in your vessel? 
A. Supposed to be six. We had four or five at that time ; 
some of them are lost. 

Q. Where were they kept ? A. Kept alongside the fore- 
castle, forward on the forecastle deck. 

Q. What kind of wood are theymade of ? A. These are 
made of hard pine. 

Q. Are they all of the same material ? A. Yes, sir. * 

Q. How did they compare in size ? A, They are very 
nearly the same size ; some a little shorter and some a little 
lon<^er than others. 

^. How were they at that time ? A. That was the ordi- 
nary length of bar we had on the vessel at that time. 

Q. Was this bar on the vessel at that time ? A, Yes, sir. 

Q. Captain, did you ever see that before [producing a piece 
of rope"]? A, Yes, sir. 

Q. Where did you ever see it ? A. 1 saw it on the vessel. 
It is a piece of rope that formed a part of the outer jib sheet. 

Q, How can you identify that ? A, By the size and shape 
of the rope, and by the knot at both ends. [Objected to.] 

Q. Where did that come from ? ^. It is a piece of rope 
that I cut out of the outer jib sheet. 

Q, When did you do that ? A. Some eight or ten days 
after the 25th or 28th of April. 

Q. Where has it been since that time ? A. It has been in 
my possession. I brought it here to the Court room. 

Q. What part of the outer jib sheet did that come from ? 
A. It came from the starboard sheet, out of the centre of 
the starboard sheet. 

Q. Will you point it out on the picture? A, [Witness 
pointed it ouf] 

Q, In what part of the outer jib did you cut out this knot ? 



EXAMINATION OF WM. M. PApTERSON. 87 

A, I cut out this knot about four or five feet from the stand- 
ing part of the outer jib sheet. 

Q. "Whereabout is the standing part of the outer jib sheet ? 
A. The standing part makes fast on tlie rail near the after 
part of the forecastle deck ; the falling part is made fast to a 
point in the after part of the deck. 

Q. What was the condition of that outer jib sheet on the 
20tli of April V A. It was good to my knowledge. I had it 
rove off some fifteen or twenty days before, — rove off in 
place of another that was poorer rope. It was put in the 
place of a poorer one. .This was a good one. 

Q. Was there such a knot as that in it ? A. No, sir ; not 
at the time it was put in. 

Q. When did you last see it before the 20th of April? 
A, I saw it on that day ; every day, — about every day. 

Q. Did you examine the rigging ? A, .Yes, sir ; I always 
examined the rigging every day on the voyage, — the differ- 
ent parts. If anything is gone about it I am very likely to 
see it before it is gone a great while. 

Q. When did you first see the knot in the outer jib sheet ? 
A. I first saw it on the 23d, I think it was. 

0. Had you noticed the outer jib sheet between the 20th 
and that day, that you recollect ? A. I noticed the sail, but 
I did not notice the knot in it until the 23d. 1 noticed the 
rope on the 22d. 1 saw the sail, when I went below the 
20th, was set. When I came on deck at twelve o'clock at 
night of the 20th, the sail was down and blowing adrift for 
thirty-six hours after^'ard till we could get forward and 
secure the sail. 

Q. When did you find that knot there ? A. I found that 
the second day aiJPter. 

Q. Was that the time yoyi were attempting to secure the 
sail ? A, Yes, sir. 

Q. How high up from the deck was the knot ? A. About 
as high as a man stands. 

Q. Have you ever known an outer jib sheet to part? 
[^Ohjected to,j 

Q. How much strain is there on a sheet of that kind? 
A. At times there is a weight, I should say, of half a ton ; at 
other times not an hundred weight. 

Q. Was the wind heavy on this night ? A. No, sir ; the 
wind was light. 

Q. Have you had experience in the parting of ropes, — in 
the appearance of them afterwards ? A, Yes, sir. 

Q. (by Mr, Field). When did you cut that knot out? 
A, I cut it out about the 27th, — either the 26th or 27th, — 
about six days after, some four days after I discovert tliat 
there was a laiot in it. 



88 EVIDENCE. 

Q. What cut on that rope was made by you ? ^. I cut 
those ends off. The knot was made in the rope. I cut the 
knot out and knotted it afresh. 

Q. You stated you have had experience in ropes parting 
on a vessel. When a rope parts, how are the ends? A, 
Sometimes one strand of a rope will part nearly off a fathom 
before another strand will part ; and when a strand goes, I be 
other three will hold the weight for some considerable time. 
{Sometimes they will all part together. 

Q. When a rope parts all together how are the ends left ? 
A. There are always some of me yams not equal in strength ; 
some will pull more than others, and some will pull in one 
way and some the other. 

Q. How will the different yams be left as to length? 
A. They will be very uneven. 

Q. Did you ever know of a rope parting on a vessel and 
leaving the ends as even as that V [uhjected to.] 

Q. What do you say, as an expert, as to the manner in 
which that rope parted ? [^Objected to.\ 

Q. (by the Court). Does your experience and knowledge 
enable you to judge better about this matter involved in this 
question ? A. Yes, sir ; it is something we have to do with 
every day. 

Q. You may answer, Captain, as to how that was parted. 
A. I should say it was cut. 

Q. What is your reason ? A. The ends of that yam are 
cut so even. 

Q. Explain to the Court and jury. A. The ends are all 
even as though it was cut by a knife ; none of the yams are 
drawn out longer than the others. 

Q. \Vhat do you know about that knot ? A, I know that 
I cut it out of the jib sheet a few days after. 

Q. Is it in the same condition now that it was at that time ? 
A, The same condition as it was when I cut it out. 

Q. Have you ever said anything to either of the defendants 
in reference to that knot, or showed it to them? A. Yes, 
sir ; I did show it to them. 

Q. To whom ? A, 1 showed it to Smith. 

Q. State what occurred. A. I showed it to Smith, and 
asked him if he didn't cut that sheet. 

Q, (by Mr. Sennott). Where was Smith when you asked 
him ? A, He was at the pump. 

Q, Was he in chains ? A. He had his irons and the chains 
that 1 always kept on him. 

Q. What day did you show it to him after the transaction 
that took place on the 20th ? A. The same day that I cut it 
out. 



EXAMINATION OF WM. M. PATTERSON. 89 

Q. The 27th, or thereabouts ? A, Thereabouts. I would 
not say just what day it was. I did cut it out. 

Q, {by the Court). About what time? A, Somewhere 
about from the 25th to the 28th ; about four or five days after 
I discovered it. * * * 

Q. Captain, will you identify that piece of stone ? A , These 
are pieces of stone that were thrown at us, — thrown at the 
steward and I during the first day. 

Q. What do you mean by the first day, — what day of the 
month ? A, The 21st day of April, — Wednesday. 

(By Mr. Cummings.) That would be Wednesday ; Wednes- 
day was the first day of the mutiny. 

Q. Where did you find that piece of stone ? A, I picked 
them up on deck after they were thrown at us. 

Q. Where have they been since that time ? A. 1 have 
had charge of them, — had them ever since. 

Q. And that piece of leather, have you ever seen that 
before ? A, That piece of leather is the revolver case. I 
think it is the same one that Glew had pointing round the 
comer of the house. 

Q. The day of the mutiny ? A. Yes, sir ; during that day. 

Q. (hy the Covrt). They pointed the case at you? A. 
They pointed the case at me. 

(Jby the Court) That would hardly be an assault, as there 
was no pistol. 

Q. (by Mr. Sennott)^ Captain, in your testimony this morn- 
ing you said that on Wednesday loronoon, when you were 
describing the transaction, the foretopsail had blown to 

gieces, so that you had to rest during a portion of the con- 
ict to take care of the vessel. What was the condition of 
the vessel on the night of the 20th, between twelve and one 
o'clock ? A. It was on Wednesday the foretopsail blew to 
pieces. 

Q. Was there any damage done to the sails by the weather, 
to your knowledge, on Tuesday uight ? A, Ko, sir ; there 
was none. 

^. When was it that the wind freshened ? A. On Wednes- 
day afternoon or Wednesday night. 

Q. When did you repair the damages that were done to the 
sails on Wednesday night? .1. We didn't repair the dam- 
ages that were done to them that aftei*noon until Thursday 
afternoon. 

Q. After the surrender ? A. After the surrender. 

Q. (by the Court). You stated that on one occasion a ves- 
sel was within half a mile : will you state what day or night 
it was ? ^. It was on the night of the 22d ; I think in the 
night time. 



90 EVIDENCE. 

Q. State whether or not you had colors. A. We had 
colors ; but she was so far away that she would not be likely 
to see those colors. 

Q. It would not answer in the night ? A. Ko, sir. 

Q, What were your colors ? A, They had no bars on 
them, but were ordinary colors, ensign and jack. 

Q. What kind of a flag was it r A, The American flag. 



Cross Examination, 



"V. 



This witness was cross-examined by Mr. Hill at consider- 
able length upon the following subjects, namely: his pecu- 
niary interest in the *' Jefferson Borden" and her cargo; the 
condition of the vessel as to seaworthiness, as to her equip- 
ment and as to her being sufficiently manned or not; the 
insurance on the vessel and cargo ; the amount of labor 
required of the men; the demand of the crew for watch and 
watch; the treatment of Miller at the time he was put in 
irons before the mutiny; the complaints of the crew about 
the provisions furnished them; the flre-arms in possession of 
the officers, and the means of knowledge concerning them 
possessed by the crew; the treatment of the prisoners at the 
time of and subsequently to their surrender; and the state- 
ments of the witness before the magistrate in London. 

This witness was also cross-examined by Mr. Field upon 
the following subjects, namely: the part taken by the prison- 
ers respectively after the mutiny had broken out; the con- 
versations had with Glew in reference to the transactions of 
the night of the 20th of April; the manner of securing the 
prisoners after their surrender; the methods resorted to to 
induce or extort confessions from the prisoners; the conver- 
sations had between the witness and his wife and others, and 
the effect of these conversations upon his own present recol- 
lection of the details of the mutiny; the memorandum made 
by him of the events from time to time as they occurred; h s 
condition of excitement at the time, and its effect upon his 
understanding and recollection of what actually happened. 

In the course of the cross-examination of this witness by 
Mr. Field, the following testimony relating to the confessions 
of the prisoner, Glew, was given: — 



EXAMINATION OF WM. M. PATTERSON. 91 

Fkiday, Sept. 24, 1875. 

Q. You have stated all the conversation you had with 
Glew, haven't you, in the examination by the Government? 
A, Not all. 

Q. Now come to the interview you had with him a day or 
two after you say your wife made that memorandum. Y ou 
had had several conversations with Glew before ? A, Yes, 
sir; a great many. 

Q. He denied it, didn't he ? A, Most always he denied 
it. When he was alone he was always denying "it. 

Q. The conversation which you had with him a day or two 
after your wife's memorandum, how did you introduce it? I 
want the words you said. A, I can't give the exact words. 
' « « ♦ « « ♦ « 

Q, Who was present ? A, Smith and Miller. 

* ♦♦♦♦♦♦ 

Q. Wasn't there anything in that conversation that attracted 
your attention particularly i A. There were some things. 

Q. Now this particular conversation you swore to in regard 
to Glew, a day or two after the memorandum was made, you 
regarded as an important conversation in one or two particu- 
lars; am I right? A, I said there was one or two important 
things. 

Q, Don't you knpw whether you were alone with them ? 
A. No, sir. 

i^>. What was the first word y#u said to Glew ? ^1. I can't 
swear to the first words. I think they were whether he did 
or did not help to throw the mate overboard. 

Q, How long was the conversation with Glew ? A, Not 
over five or ten minutes. 

Q, With all of them, or with Glew alone ? A. With all. 
I had some conversation with all of them. 

Q. How long was your special conversation with Glew, if 
you remember ? ^. I don't think I asked him more than 
three or four questions; then I went away. 

Q. How long was that before you got to London ? A. 1 
can't give the- exact time; some time, but how long, I can't 
tell; mi^ht have been a week; might have been less. 

Q, Wnom did you first tell this particular conversation you 
had with Glew to ? A, That is more than I can tell. 

Q. When did you first tell it ? A. 1 don't think I can tell 
when. 

Q, Did you tell it in London to any ? J.. A great many. 

Q, Who ? A, The American consul. 

Q. Anybody else ? A. A. great many. 



93 EVIDENCE. 

Q. Did you tell it to the magistrate before whom you made 
the complaint ? A. 1 don^t know that I did. 

Q. You made no memorandum of it, did you ? A, Yes, 
sir, of v[hsLt he said. » 

Q, At the time ? A, Yes, sir, of everything, a great many 
things. I mac'e a short memorandum so as to remember aU 
the Slings, or a great many of the things. 

Q. You made a memorandum of all these men have said 
from the surrender ? ^. Of a good many things they have 
said. 

Q, Did you take it with you all the time, making a memo- 
randum of what they said ? A, Xo, sir. 

Q. Where did you keep it ? A, 1 kept it in the log-book. 
When I made up my log I wrote it down, and some in other 
places. 

Q. But not at the time of the conversation in the presence 
of the person talking ? A. Oh, no. 

Q. And never wrote out the whole of any one conversa^ 
tion from beginning to end ? A, No, sir. 

This witness was also cross-examined by Mr. Sennott upon 
his treatment of the crew of the " Jefferso^i Borden " during 
the voyage, previous to the mutiny; the food and water fur- 
nished them; the condition of the forecastle; the extra labors 
exacted of them; the treatment of the. prisoners after the 
surrender; and the comparison of notes between the wit- 
ness, his wife, the steward, Jacob Limber, and the boy 
Henry. 



EXAMINATION OF HENRY AIKEN. 

Henry Aiken testified that he was cook and steward on 
board the "Jefferson Borden," upon her last voyage from 
"New Orleans to London, and described at considerable 
length the events of the night of the 20th of April, 1875. He 
testified that he retired at about nine o'clock in the eveninor, 
and was awakened by hearing some one — Miller, he thought 
— in the cabin saying that there was a man lying forward with 
a broken leg; that he rose up out of his bunk, and looking out 
of his window saw Miller come along and step down from ihe 
starboard side of the gangway alongside of the house with his 
right hand behind him and shaking his fist at him, the witness; 



EXAMINATION OF HENRY AIKEN. 93 

that he grahbed his pants and put them on quickly; that he 
heard some one call him in the cabin, and heard the captain 
and Miller talking outside. The examination continued as 
follows: — 

Q. What was said ? A, Miller says, *' "Why don't you go 

ahead and help that man? " The captain said, " Where are 

the mates? You go forward and send the mates aft here "; 

and he commenced sinking out for the mates. 

- Q. What did he say ? A, He sang out, " Mr. Patterson I " 

Q. How many times ? A, Two or three times. 

Q. How loud ? A. You could hear it all over the ship. 
Then he came into the cabin. I came out then. 

Q. Who came in ? A, The captain. 

Q, Did the captain say anything to you when you came 
into the cabin ? A. He said that — 

Q, Don't say what he said. Did he say something to you, 
— did he speak to you ? A. He asked me — 

Q, What did you do ? A. 1 went forward. 

Q. Whom diuyou see ? A. 1 saw Miller and Smith. 

Q, Did you see any one else ? A, Yes, sir; Glew. 

Q. How far did you go forward ? A, 1 went to the house 
right on the rail; close to the side. 

Q. You saw all three ? A, Yes, sir. 

Q. How far did you go forward ? -4.1 went ri^ht abreast 
of the comer of the house. I went to the forwara starboard 
comer, — to the forward comer of the forward house on the 
starboard side. 

Q. Where were Miller and Smith ? A, They were stand- 
ing right here at the corner of the hatch. 

Q, How near to you ? A, Three or four feet. 

Q. Where did you see Glew? A. Over here; standing 
here and looking alt, on the port side of the forecastle door. 

Q. If anything was said at that time, state what was said. 
A. I said to them, '•• Where is your man with the broken 
leg ? " 

Q. Did either of them reply ? A, Yes, sir. 

Q, Which ones ? A, 1 think it was Miller spoke up first 
and said, "He is lying on the forward part of the boat." 
Then he told me to go ahead. Then I asked hiln, said I, 
** Where are the mates V " After I asked him where the 
man was with the broken leg, they said on the forward part 
of the boat. Then I asked him where the mates were. 
Then Miller spoke up and says, *' For God's sake go ahead 
and help that poor man, won't you ? " 



94 ETIDEKCIS. 

Q, What else ? A, 1 says, " No; you don't fool me; you 
have done something with them." 

Q. What next, it anything was said ? A. 1 went right 
off again. 

Q, Did either of the others say an3rthing? A. No, sir; 
only Miller and Smith was talking; Glew didn't say any- 
thing. 

Q. Did Smith say anything to you ? A. Yes, sir; he was 
talking, too; hut I don't rememher exactly what he said. 

Q. Then you went aft ? A. Yes, sir. 

0. State what was done in the cahin when vou were pres- 
ent? A, The captain got his revolver ana the gun and 
he cleaned them out, and went up aft and got a c^ipstan-bar 
and closed the door and made it fast. 

Q. Which door ? A. 1 think the lee door was made fast 
first. 

Q* Did you have any fire-arms on the vessel ? A, Yes, sir. 

Q. What ? A. I had a revolver. 

Q. Where was the revolver ? ^. In the galley. 

Q, Where ? A. In the starboard side, in the locker. 

Q. Did you at any time that night get the revolver ? A, 
Yes, sir. 

Q^ When ? A. Next morning. 

Q. About what time? A. About five o'clock, — it was 

daylight. 

« ♦ • •' • • « 

Q, Will you describe how you got your revolver? A, I 
went forward first with an iron bolt again, and asked them 
where the mates were. 

Q, Whom did you ask ? A, 1 asked Miller and Smith. 
Glew was standing there, just about the same place he was 
that night. 

Q. What did you say ? ^. I asked them whore the mates 
were. 

Q. Was there any reply ? A, Yes, sir. 

Q, Who replied? A. Smith. 

Q, What did Smith say ? A. He said the mates were all 
right. 

Q. Was anything more said ? A. Yes, sir; he told me I 
should come forward and he would tell me something. 

Q. What next ? A, 1 told him, no, I wouldn't go; I was 
going into the galley to light the fire, and said, " Leave me 
alone." Smith says, " Well, steward, you know we won't 
trouble you." I unlocked the galley door and went in and 
got the revolver and locked the door again. 

Q, Where was the captain? A. He was standing with 



EXAMINATION OF HENKY AIKEN. 95 

the double-barreled gun at the forward part of the main 
hatch on the starboard side. 

Q. Which way was he looking ? A. Forward. 

Q. What was done next ? A, I took the revolver; it had 
been loaded a long time, — seven or eight months, — and was 
rasty. I fired one shot. 

Q. In what direction did you fire? A. I fired it over- 
board. 

Q, What was done next ? A, 1 went forward then. 

Q. How far forward ? A, Bight abreast, about in the 
middle of the house. 

Q. On which side ? J.. The port side. 

Q. Whom did you see ? A, I saw Glew. 

Q, Did you fire at anybody in particular ? . A. Ko, sir; I 
went forward and I told them, " You give up the mates," says 
I, " if you don't we will shoot you." 

Q, Whom did you see ? A, Glew. 

Q, Was there any reply ? A. He was standing laughing. 
He says the mate was all right. I fired, but I didn't fire at 
him exactly; I fired forward. I thought I would drive him 
away. He commenced to heave bottles. There were two 
bottles come; one struck me. 

Q. Did you know who threw the bottle that struck you ? 
A, I think it was Glew. I am not sure; but I think it was 
him. 

Q. Were you alone V A,^ Yes, sir; the captain was on 
deck, but he was standing back. 

Q. What took place next ? A. 1 went back again to the 
cabin, and then both came out a^ain. 

Q, How long did you stay in the cabin that time ? A, 1 
didn't stay many minutes. I came back again. We went 
right forward again and commenced firing again. I tried to 
hit them, and then I went on the port side and saw Glew and 
Smith both looking round, and then the other looking round. 

Q. Did anybody else fire besides yourself at that time? A. 
2Tot the first go-off; a little while after the captain fired a 
couple of times. 

Q. How many times did you fire ? A, 1 could not say. 

Q, At that time how many barrels of your revolver ? A, 
Two. 

Q. What was said at that time, if anything ? A. They 
didnlt say anything. 

Q. Did you say any tiring, or the captain say anything ? 
A. Yes, sir; I sung out, but didn't get any answer. 

Q. What was said ? A. 1 asked him if he was going to 
send the mates, aft. 

Q. Whom did you say that to ? A. To Miller and Smith 
I was talking to. 



96 EVIDENGE. 

Q, Was there any reply ? A. No, sir. 

Q. How loud did you speak V A, I sung oat loud. 

0. How near were you to them ? A, Seven or eight feet 
from them. 

Q. What took place ? A, We went aft again. 

Q. How long aid you stay aft ? A. We didn't stay very 
long; we went to pump the vessel out. 

Q. Go on and descrihe what took place after you pumped 
the vessel. A. We tried to shoot them again at different 
times. 

Q. What did the men do ? A^ They stayed all the. time 
ready with stones and pieces of iron they had there to throw 
them. 

Q, Was anybody hit during that day ? A. Yes, sir; Smith 
was hit that day. 

Q. How do you know he was hit that day ? A, 1 was in 
tho cabin, and the Mistress says to me — 

Q. How did you know he was hit ? A» I saw him tumble 
over when I fired. 

Q. Where was Smith at that time ? A, He was standing 
on a piece of hoard on the port side of the hatch, and Glew 
was standing close to him. 

Q. Where were you V A. I came up to the forward cor- 
ner, — came right close up. 

Q. During the day, while the firing was going on, did you 
say anything to either of these three defendants, — you or 
the captain V A. Yes, sir; we sung out a great many times. 

Q. What was said ? A, Asked where the mates were. 
We said, give up the mates and we would leave them, alone. 

Q. What reply did the defendants make, if any? A. Smith 
told me once, he says, " You give me your revolver and we 
will give up the mates." 

Q. Whom did he say that to ? A, He said that to me. 

Q. When was that ? A, That was in the afternoon, as far 
as I remember. 

Q. Who were present at that time ? A. The captain was 
there standing not far off. 

Q. Who ejse ? A. No one else that I know of. 

Q, Where were the three defendiints at that time, if yoi 
know V A. Glew and Smith were all the time on the port 
side. 

Q. Did you see Miller ? A, I could not see him from that 
side ; but when 1 ventured to the other side I saw him. 

Q. Did either of the others say anything during the day ? 
A. Yes, sir; they were talking sometimes, and sometimes 
very silent. 



EXAMINATION OF HENRY AIKEN. 97 

Q, What timiB did you leave off firing that day? A. I 
think it was along five or six o'clock. 

The witness testified that, during the night, watch was 
kept, and the prisoners were seen from time to time until 
about one o'clock, when they disappeared ; that in the morn- 
ing, finding prisoners had gone into the forecastle, they all 
rushed forward and closed the forecastle door, and made it 
fast by putting some boards across it and nailing them there ; 
that they then looked about the decks and In the hold of the 
vessel and all around to see if they could find this mates, but . 
could not find them. 

The examination continued as follows : — 

Q. Describe what was done Thursday morning after you 
didn't find the mates. A. After we made the forecastle door 
fast we went and pumped a little. We went forward a^ain 
and look the bolts oE of the window on the starboard side. 
We looked in to see if we could see anybody. We saw 
nobody first. We were walking round there, and at last I 
saw Miller looking round the corner. 

Q. Was he inside or outside ? A. He was inside, looking 
round the bunks. He was in the corner on the starboard 
side. I fired in the forecastle then ; fired in twice, and the 
captain sung out," What are you doing ? Don't fire in the 
forecastle that way; you will be shooting the mates." I said, 
"No, it is Miller; I saw him." He said, ' Don't fire in 
there." I said, "AH right." We looked round more and 
took the bolts off of the other window, and looked in there, but 
didn't see anybody. At last Jake said he saw Glew lying in 
a bunk in the forecastle. I went and looked, but could not 
see him. Then the captain said he was going to make some 
boiling water and throw in some boiling water. The hole on 
the top of the deck was closed ; we ripped it up to see if we 
could see anything. The captain thought there was a hole 
in the deck, so they could go down below. I told him there 
was not ; I had been looking in. He said, "There is." 

Q. Describe what was done ? A, We next threw in some 
boiling water, and I pulled out the mattresses. 

Q. Out of what ? A. Out of the port window. 

6. How did you get hold of them ? A. Put my hand in 

ana hauled them out. Then I saw Smith come from the 

starboard side. He was coming over to the port side, inside 

the f-orecastle. I fired at him, and the captain sung out the 

7 



d8 EVIDENGE. 

same way that he had done hefore, I should not fire in ; I 
would be shooting the mates. I said, " Ko, that is Smith." 

Q,^ Gro on. A, He said I should not fire in there. Said I, 
" There is no use to try to get them. K you don't fire at 
them you will never get them." He said he was going to 
make some holes through ihe galley, and we made holes 
through the ffalley. 

Q. How dia he make the holes ? A. He had a bit, and he 
bored holes in it and knocked the boards out. 

Q. Did you see anybody inside ? A. We could see them 
moving round, but we could not tell who it was. 

Q. Did you see them moving anything around, or them- 
, selves around. A. They put pieces of cloth in the holes the 
captain made. I pulled them out, and then they put a bag 
in there, and I could not get that out. We commenced 
making more holes, and at last made a hole on the port sideb- 
and took out the whole board. I took a shear pole and 
rammed into the hole, but it was not long enough, and I 
could not reach them. They had trunks and beds and 
clothes that they put up against the holes. They put a trunk 
up, and I smashed it all to pieces and stove the end in with 
the shear pole. The shear pole is an ir^n bar that goes 
around the rigging. At last I saw his leg. 

O. Whose Teg ? A, Miller's. 

Q. Wliat did you do ? A. 1 fired three times without 
stopping. They were singing out the mates were in there. 
That was before we fired through the hole. I sung out to 
know if the mates were in there, and Glew said ** Yes " once. 
I told him to give them up and send them out. He didn't 
say anvthing, out kept still then. After I fired three times 
at Miller's leg I went aft to the cabin, and they had given up 
when I came back. 

^. Describe how things were when you came back ; de- 
scribe where these three men were when you came back. 
A. They were inside the forecastle. 

Q, Wnat were they doing ? A. They were in there cry- 
ing. We got the irons there after that, and they put their 
hands out through the window, and we put them in irons. 

Q, Was that done before you got there or after ? A* After 
I got back there. 

Q. Describe what took place. A, The captain was talking 
to him and saying, *' What did you kill the mates for ? " ana 
talking to Glew- and Smith. 

Q. What was said ? 

Q. (by Mr, Sennott). Did the captain lay aside his pistol ? 
A, Yes, sir ; I think he did. 

Q, When did he lay it aside ? A. 1 think he laid it away; 
I didn't see him have it. 



EXAMINATION OF HENRY AIKEN. 99 

Q. Didn't you see him put it inside his vest like that? 
A- No, sir : I didn't take any notice. 

Q. Whetnier he had it or not you don't know ? A. 1 don't 
know. 

Q, "What was the first thing he said to anybody in your 
hearing, or didn't you hear what was done about the sur- 
render ? A. What he said at that time I didn't hear. 

Q. When you got back was he saying anything to them 
tbat you did hear V A, Yes, sir ; he was talking to Smith. 

Q, Did he say anything that you heard ? A, Yes, sir. 

Q, Did you hear him say anything about " You must come 
out," or were they all given up at the time you got back ? 
A. Yes, sir; all in the forecastle, but Miller hs^ not the 
irons on. 

Q. Did he speak to him ? A, Yes, sir. 

Q. Did you hear him say at any time something like this. 
" Get up and get the irons put on ; you must get up " r 
A, Yes, sir. 

Q. Had you your pistol ? A. Yes, sir. 

Q, Did you say anything to them about getting up? 
A' Yes, sir. 

Q, What did you say to them ? A, He says, " I-can't get 
up." 

Q. Who? A, Miller. 

Q, What did you say ? A. The captain said, " You can 
get up," and I said to him, ^' If you don't get up I will shoot 

J'OU." 

Q. Was anything else of that kind said by the captain and 
you? A. That I would shoot him? Ko, sir; the captain 
didn't say so ; I said so. 

Q. The captain was right there and heard you? A, Yes, sir. 

Q. He could not help hearing ? A. No, sir. 

Q, Two of the prisoners were standing up by the cabin 
window, and one was not up yet ? A, Glew was lying down 
and Miller was lying down. 

Q. Did you speak to any one in particular, or to the whole 
three of them, when you said, " M you don't get up I will 
shoot you" ? A^ That was Miller. 

Q. You would have shot him if he had not got up ? A, 
No, sir ; I thought he would get up anyhow, and he got up. 
There was no need of it. 

Q, Do you recollect what you said further, — if you said 
anything more about shooting them if they didn't do this or 
that ? A, No, sir ; not at that time ? 

Q, Tell us what was the next time you flaid anything to 
them about shooting them. A, After that I didn't say any- 
thing to them about shooting them. 



100 EVIDENCE. 

Q. Was that the last of it ? A, Yes, sir. 

Q. Did anybody else say anything to them about shooting 
them if they did not do anything ? A. Not that I heard of. 

Q. Just about that time 1 suppose tlie revolvers both of 
them were loaded so you could fire two or three barrels apiece 
if you wanted to ? A. Yes, sir. 

Q. Was Jacob there ? A. Yes, sir. 

Q, Did he say anything at all to Heniy? A. Ifot as I 
remember of. 

Q. At that time — at that particular minute — at that time 
when they were getting ready to surrender- did he say any- 
thing to anybody? A, He might have said somethmg to 
them, but I don't romember. 

Q. Were the prisoners tied when you got there, — chained 
I mean ? A. No, sir. 

Q. Did the captain liave the irons in his hands ? A. Yes, 
sir ; I think he had. 

Q. The irons in his hands ? A. 1 could not say that. I 
was on the outside of the house. 

Q. The irons were not on the ntisoners, any of tli^m, at 
the time you got back ? A. Not that I remember of. Thej 
might have had the irons on, but I don't know. 

Q. Did the captain, before he put the irons on, say, " Why 
don't vou tell me where the mates ate ? Why don't you tell 
me what has become of the males ? " Did he say that ? 
A. He was asking about them, but I didn't hear that. He 
said, "Where are the mates?" and they said, "I killed 
them." 

Q. Didn't he say this, "If you don't tell me where the 
mates are I will shoot ; I will fire at you "? Didn't he say 
that to one of them ? A, Not that I know of. 

Q. Didn't he say to somebody, " Tell me where the mates 
are, or if you don't tell me where the mates are I shall fire " ? 
A. No, sir ; I never heard that. 

Q. How many times did you hear him ask the questi<Mi, 
" What has become of the mates " ? -4.. I only heard him 
once. 

Q. Did you ask that question of anybody ? A. Yes, sir, 
afterwards. - 

Q. After they were all surrendered? Did you ask the 
question at all before they were surrendered ? JL. No, sir. 

Q. Did Jacob ? A. Not that I know of. I don't remem- 
ber anything about it. 

Q. Was Hennr there ? -4.. I think by that time he went 
aft, out to the wheel. ' ' 

Q. He was at the wheel at the time of the surrender? 
A. I don't think there was anybody there. I tiiink Jake 



EXAMINATION OP HENRY AIKEN. 101 

Tras there and Heniy was there. I think they had the wheel 
fast. 

Q. Was the wheel lashed ? A, We had the wheel fast. 

Q, Jacob was there, didn't you say just now ? A. Jacob 
ivas at the same time the captain was putting them in irons. 

Q. (by Mr, Cummings), State what you first heard said 
when you returned after they surrendered. When you first 
came there what was the language you heard ? A, 1 heard 
him talkine to Smith. He says, '* What have you done with 
the mates ?'* He says, *' I killed Charles." 

Q. Who said that ? State all you heard said about the first 
mate. A. The next thin^ I heard him talking to Glew. He 
was talking to him what they killed the mates for, and Glew 
says, ^' I didn't. I had nothing to do with it." Smith slews 
round and looks at him and says, ^^Ko, you are innocent 
now I 'You are as bad as any of us." 

Q. Did Glew make any reply to that ? A, He said no, he 
did not. 

Q. Did you hear Miller say anything at that time ? A. 
ISot that I remember of. He was singing out, but I don't 
remember what it was. 

O. State what was done. A, We took them forward. 

Q. Whom did they take forward ? A. Miller and Smith 
they took forward. 

Q. Where was Glew ? A. He stopped in the forecastle ; 
be could not walk. 

Q. Had you stated all that was said at that time ? Miller 
and Smith had been carried forward and Glew put in his 
berth. That is where your story left off. You said Smith 
and Miller were taken forward. What was said ? What took 

fdace ? A. The captain asked him what he killed the mates 
or, and he said, " We killed them." 
Q. Which one said that ? A. Miller said it. 
Q. Did Smith say anything about it ? A. He said, " Don't 
hang us ; take us before the law." 

Who said that ? A» Miller said so. 
State anything you said. A, That was all I heard of 
at tliat time. 

Q, What was done then ? A. Then we went to work on 
the vessel to get the sails ready. The foresail was all blown 
away from the mast and the boom was off of the mast. We 
fixed it again. 

Q. Subsequent to that time — after that time, after the 
time you just spoke of — did you ever hear Miller make any 
statement as to the death of tne first mate ? A. Yes, sir. 

Q. When ? ^. I was talking to him several times, and he 
always told me the way he did it. 



102 EVIDENCE. 

Q. Do joii recollect when the first time was ? ^. I think 
the second day. I donH think I asked him anything about it 
the first day. 

Q. Where was it, and who was present ? A, There was 
nobody but me. 

Q. Where was it ? A, At the pumps. 

Q. What took place ? A. lie was standing at the pump. 
I asked which way ho killed the mate, and he told me he 
done it in this way. Smith came forward, and he called him, 
— called Miller and Glew. When the mate came on deck^ 
8mitli had the second mate knocked overboard, and threw 
tlic capstan-bar on the main deck. Then he went aft and 
called the mate. Smith did. 

Q. What did he say to the mate? A. He said, ^^Mr. 
Patterson, it is eight bells." It was his watch. [0^'ected 
to; adinitted,'] 

Q, You say Smith said, "Mr. Patterson, eight bells"? 
A. lie sung out eight bells, and the mate came out of the 
cabin and went to the man at the wheel, and stood on the 
starboard side by the hatch on the aft comer. He was look- 
ing around, and he looked fonyard fii*st and then looked aft ; 
and Miller he came from the starboard gangway towards the 
mate. When he came towards the mate the mate holloas to 
him, " What do you want ? " Then he holdi the bolt over 
his head, and when the mate saw the bolt come down he 
sang out, *' OU I " The man at the wheel ho heard this 
noise. He stunned the mate, and Glow and Smith came up 
then, and they picked him up, — two tn ang him by the 
shouldei-s and one hold of his legs, — and threw him over- 
board, and just got one grunt out of him. They tlirew him 
overboanl head foremost, and he sunk liixc a stone. 

Q. Was anything else said at that time ? A. No, sir. 

Q. When did you next have any talk with Miller about the 
death of the first mate ? ^ I talked with him at different 
times about it ; he always said the same thing. 

Q. Did Miller ever say what ho struck the mate with? 
A, Yes. sir ; with that iron block-strap. 

Q. Alter the conversation v/ith Miller you have just told 
of, do you recollect when next you spoke to Miller and who 
were present ? xi. When anyoody was present the captain 
and Jake were there and the Mistres*s. 

Q. When was that, to the best of your recollection ? A, 
That might have been about a week after. I could not say. 
Perhaps four or five days. 

Q. What took place at that time? Where were you? 
A. I was standing there, and the captain got him from the 
pump at that time, and the whole of us were, there at the 






EXAMINATION OF RENBY AIKEN. 103 

cabin door. The cap^n took him away from the pmnp and 
says, '' George, I want you to go aft and to show us where 
you killed tlie mate." He says, '* Yes." The captain says, 
'•*' I want you to stand lust the same way as the mate stooa 
when you struck him." He says, "He was standing ri^ht 
here at this place <, and he was looking aft and was lookmg 
forward." He said, " When he heard him coming, he sung 
out, -What do you want?' and I hit him with the block- 
strap, and he sung out, * Oh, oh ! ' and I struck him once 
over the head." 

Q. Recollect an^^thing further at that time ? A, Then he 
says, " We took him up and threw him overboard, three of 
us, and he sunk like a stone "; that he threw him overboard 
head first. I think he said Glew and Smith had hold of the 
legs; I think it was Glew he said. 

Q, Do you recollect anything further? A. Yes, sir ; the 
captain was talking to him about what vessels he had been in, 
and asked him if he had been second mate. He said, " Yes, 
in two or three different vessels." 

Q. Recollect anything further said at that conversation? 
A. He asked him about what kind of a cap he had on. He 
said, "lie had a cap like one you had on." 

Q. One who had on ? A, The captain. He had a cap' on 
of the same kind that the mate had when he killed him. 

Q. Did he say anything about the rest of the mate's dress 
besides the cap ? A. Not that I remember. 

Q. Was any piece of iron shown ? A, The captain had 
that piece of iron and showed it to him. 

Q. What piece ? A. This same piece. 

Q. What, if anything, did he say he struck him with? 
A, The captain asked him, " Is this the piece of iron you 
killed the mate with ? " He says, " Yes, that is it." 

Q. When next after, to the best of your recollection, did 
you hear Miller make any statement about the death of the 
first mate ? A, The captain asked him then and said, " What 
would you do with my wife ? Would you kill her? " 

Q. Go on, if anything more was said. A. 1 think he said 
he was going to put her down in the hold ; and the captain 
asked if he was going to kill him. He said no, he was going 
to tie him and put him down in the forehold. He asKcd him, 
'* What would you do with the vessel ? " He said he was 
going near the land, and take a boat and scuttle the vessel 
and sink her. 

Q. Recollect anything further at that time ? A. Xo, sir ; 
not that I remember of. 

Q. When next did you talk with Miller about the death of 
the first mate, if at all ? A. 1 was talking witli him, and 



104 EVIDENCE. 

belieTe it won tbe same night agato I was talking with hin 
about it. lie said the same things. 

Q. IIow many times during the voyage should you say, to 
tbe best of your judgment, Miller gave an account of the 
death of tbe first uniXc ? A, 1 should think six or seven 
times. He said all the time the same thing. 

Q. Who were present at the various times you heard him 
make statements ? A. Kobody was present at any other 
time. 

Q. Did you, subsequent to the surrender, ever bear Smith 
make any statement in regard to the death of the first mate ? 
A. I asked liim one day just when he left the pump, '^ What 
made yon go to work and kill the mate ? You and Charles 
were always great chnms." He says — lObjected to and 
admiUed.1 I asked him, ^'Why did you kiU the second 
mate ? jTou and him were always chums." So he says, 
^^ If we killed one we had to kill the whole." 

Q. Who was present at that time ? A. There was not any- 
body there but me and him. 

Q, Did you ever s^ anything to Miller about why he called 
the &rst mate ? A, Yes, sir. 

Q. Did he ever give any reason ? A. Ko, sir. 

Q, Did you ever hear Smith make any other statement 
with regard to the death of the chief mate ? A. No, sir. 

Q. Did you ever hear Glew say anything in reference to 
the death of the first mate ? A, The only thing he said, he 
he^ed chuck him overboard. 

Q. When was that and where ? A. That was on the pas> 
sage, within a week or two after. 

Q. Where was it ? ^. In the forecastle. 

Q. Who was present? A. There was nobody there but 
me and him talking. 

Q. Did you ever hear Glew make any further statement 
about the tii'st mate ? A» No, sir ; he always denied it ; said 
he had nothing to do with it. He said he was willing to join ia 
with them, but didn't do anything. He said that all the time. 

Q. Did Glew ever make any statement to you as to where 
he was when the captain was called on deck ? What more, 
if anything, do you recollect Glew's saying to vou about the 
events of that night ? ^. He said that he had been talking 
it over that night at eight o'clock. • 

Q. Talking it over with whom? A. With Miller and 
Smith. 

Q, On the night of the 20th ? A. Yes, sir ; the dog watch, 
— eight o'clock. 

Q. Did he say anything more at that time ? A. He said 
he had been standmg there with a capstan-bar at the after 



EXAMINATION OF HENBY AlKEN. 105 

part of the house. lie said at another time at the after part 
of the fore house, 

Q. At what time was he standing there ? A. At night, 
when thej' were going to kill the captain. 

Q, What more, if anything, did you hear Grlew state ? 
State all that you remember. A. He said he had been 
standing there at night with a»capstan-bar ; at other times he 
said he didn't have anything to do with it at all. 

Q. W hen he spoke about the capstan-bar who was present, 
if anybody ? A. The captain was there. 

Q, Where was it said? A. In the forecastle; he was in 
the forecastle. 

Q. Did you hear Glew say anything further about the 
events of that night ? A. He said he had nothing to do with 
it, and another time that they called him out after it was all 
over, — out of his bunk, — and he didn't know anything 
about how it was done. 

Q. Anything further did Glew say? A, Ifot that I re- 
member of. 

' Q. What did he say about the conversation he had with 
Miller and Smith at eight o'clock that Tuesday night ? A, 
lie said that they made it up; that they were going to kill 
him that night. 

Q. What did he say about the conversation he had with 
Miller and Sniith at eight o'clock that Tuesday night, — 
what, if anything ? A. lie saicl they had been talking about 
when they were going to kill him that night. He said they 
made it up that ni.^ht at eight o'clock, wMch was, they were 
going to work to kill him. 

Q, To kill whom? A, He didn't say that. 

Q. And anything further ? A. No, sir ; I didn't talk any 
more about it. 

Q. What, if anything, did you say to him just before he 
said what you have just testified to ? A. I went to ask him 
about it. 

Qm What did you ask him? What was your question? 
A, 1 asked him what time they made it up to kill the mates. 
He said at eight o'clock they talked it over. 

Q. Prior to April 20th were any inquiries put to you by 
the defendants as to the position of the vessel, where the 
vessel was V A, Yes, sir. 

Q. When and where V A. It was a couple of days before 
that. . 

Q. Whom by? JL. Smith. He asked me, — Smith and 
Miller (lie was there), — and they asked me where the vBssel 
was, and I told them we were on the Western Islands, and 
Smith said, '^ We are five hundred miles from the channel." 



106 EVIDENCE. 

Q, Anything further said at that time ? A. "No, sir ; he 
didnH sa^ anythin*^ more that I remember. I said, "You 
will find It is a ^ood deal further than five hundred miles," 
and he says, " No, I shall not." 

Q, Before April 20th did you hear either of the defendants 
utter any threats or saying as to what was to hiH)pen on 
board the vessel, and what, if anything ? A. One day when 
I was forward looking in the forecastle they were all wet, 
and Jake was in the foi*ecastle, and says, " I think this is 
awful ; you have to be afraid to go alon.<; the decks, you must 
expect to ffo overboard." He says, ** You will see some fun 
j-ct when I commence ; you will see the time you will bo 
cryingmercy for me." 

Q. Do you identifv this piece of rock ? A. That came out 
of the ^riudstone ; there "was another piece of it, — five pieces 
were picked up. 

Q. Where was Mrs. Patterson during the morning of 
Wednesday, April 2l8t ? A. She was aft, keeping a lookout. 
Towards night she came out, and was crying out on deck If 
they would give up the mates. She first went to the port 
side of the cabin, then right abreast of the house, — the aft 
part of the forward house. She was there standing cr}^in^ 
and asking them, saying, " Please give up the mates," ana 
they were singing out to Smith to^give up the mates, and 
Glew was standing looking round the comer, and Smith was 
behind him. 

Cross EoDamiTMtion. 

This witness, on cross-examination by Mr. Hill, testified 
that Miller voluntarily showed the captain where and how he 
killed the first mate, and that he did not think the captain 
had a piece of iron in his hand at the time ; that the w%ter 
was some of it brackish ; that the men complained of the 
bread and of the hard work ; that they did not work quick 
enough for the captain, and that he growled at them a good 
many times ; that he saw Miller when he was put in irons 
and tied up to the rigging, and that he was standing upon 
the deck, but not on his toes, and that he did not state in 
jail to Mr. Hill that Miller, when he was tied up "at the rig- 
ging, was standing on his toes ; that Miller, after the surren- 
der, was at one time very lame, but afterwards a good deal 
better ; but that the balls were not taken from his leg till he 
arrived in London. 

In reply to cross-examination by ^r. Jlel^y this witness 



EXAMINATION OF HENRY AIKEN. 107 

testified that he had sailed with Captain Patterson two years, 
but was not now connected with the " Jefferson Borden" ; 
that Glew was not a troublesome or noisy man, but was not a 
very good sailor, and was growling sometimes, but it didn't 
amount to much; that he heard the growling between the 
captain and Glew about Glew's interfering when Miller was 
being put in irons, but did not see him leave the wheel ; that 
on the night of the 20th of April he went to bed at about 
nine o'clock ; that after he was awakened by the talking in 
the cabin and had got up, he went on deck and went forward 
to about abreast of the forward comer of the house, and saw 
Miller and Smith standing on the forward corner of the fore- 
hateh and Glew standing on the port, side of the forecastle 
door looking aft; that he stepped back and returned to the 
cabin, and that he then looked at the clock and it was ten 
minutes before twelve o'clock ; that between that time and 
daylight, five o'clock in the morning, he went out two or three 
times remaining on deck about ^ye minutes, each time, and 
that the captain went out certainly twice and perhaps three 
or four times ; that the prisoners commenced to throw things 
at them when the captain and the witness commenced firing 
at them in the^morning ; that the firing was coAtinued, more 
or less, all that day and part of the next ; that at the time 
the prisoners surrendered he went aft, and that when he 
returned Smith had his hands through the window and the 
eaptain was putting the irons on him. The witness tes- 
tified that after the surrender Glew remained in the fore- 
castle, lying in liis bunk all the time till the vessel arrived at 
London ; that Miller and Smith were generally kept apart, 
though sometimes they were in the forecastle together ; and 
that, when he had the conversations with Miller and Smith, 
which he has narrated, Glew ^as not present. 
The examination continued as follows : — 

Q, Have you had many conversations with Glew ? -4.. I 
didn't talk to Glew so much as I did to Miller, neither to 
Smith. 

Q. Then you didn't have much conversation with Glew 
alMHit it ? JL> Ko, sir; not so much. 



106 BVmKNCTB. 

Q. Do yoa remember how long it was after the snrrend^ 
or giying up of the men when you had the first eonversatioo 
witu Glew about any transactions on the night of the 20th ? 
A. A couple of days after. 

Q. It was at least a couple of days after, was it? A. That 
is what I think. 

Q. Do you remember any conversation with Glew when 
Captain or Mrs. Patterson was pi'esent? A, I remember 
they was talking about a book there, but I don't remember 
I was there. I was there sometimes when she was there, I 
believe twice, but I don't remember what was said. 

Q. You were there in the forecastle twice when Mrs. Pat- 
terson was there V A, Yes, sir. 

Q, Were you ever there when anything was written down 
by anybody V A. I think, as far as I remember of, she was 
writing down something when she was there talking to 
Glew. 

Q, Who was wilting down something? A. I think the 
Mistress was writing down something ; out I ain't sure of 
that. 

Q, And talking with Glew ? A, Yes, sir; she asked him 
something about nis mother and father, where they was ; I 
remember that. 

Q, Was anybody else there besides you and Mrs. Patterson 
and Glew ? A. Not as I know of, sir. 

Q. She asked him, vou remember, something about his 
father and mother ? A, Yes, sir. 

Q. Then he said he didn't have anythiiu; to d9 with it ? 
A^ I think he told her one time that he didn't know any- 
thing about it until ten o'clock at night 

Q. Didn't he say then, at that time, that he didn't have 
anything to do with it ? A, Well, I ain't sure of that, sir. 
He denied everything always to the Mistress, as far as I 
know of. 

Q, lie always denied then to her having anything to do 
with it? A. xes, sir; as far as I know of. 

Q. Do you remember more than two conversations you 
had with Glew when Mrs. Patterson, the captain's wife, was 
present ? A, No, sir ; I don't know much about that, sir. 

Q. Glew always denied to you, didn't he? A. Yes, sir; 
he denied it. He said that he was willing to join in with it, 
but he didn't do anything. 

Q, Always said so, didn't he ? A. Yes, sir. 

Oq further crosfr-ex^onination by Mr» Field, this witness 
testified that he had talked this afCair over « good deal 



EXAMINATION OP JACOB LIMBER. 109 

with Captain Patterson before arriying in London, but not 
after that ; that he had heard Jacob and the boy talk it over 
before they arrived at London, but after that none of them 
talked much about it, and that they hardly spoke of it on 
the passage to this country ; that they had talked about it 
some during the last few days, but not much, as they " had 
got used to it, and didn't think much more of it" ; that he 
could not swear to the exact words that were used during the 
night of the 20th and on the 21st and 22d of April ; that he 
could not tell exactly what he had said to Captain Patterson, 
Mrs. Patterson, Jacob or the boy, or exactly what either of 
them had said to him ; neither could he tell the exact words 
Miller, Smith or Glew had used, but only his understanding 
of them,— <- his impression of them now ; that he had taken 
nothing down in writing at the time, and was now relying 
upon his memory alone ; that they were all in a very anxious 
and excited state of mind during the night of the 20th and 
the 2lBt and 22d of April, and had a great deal of trouble 
and all they could do to take care of the prisoners and man- 
age the vessel till they arrived in London. 

Mr. Sennott cross-examined this witness at great length 
upon the treatment of the crew by the captain and mates of 
the "Jefferson Borden" before the mutiny ; the manner of 
quelling the mutiny and forcing the prisoners to surrender ; 
aad the treatment of the prisoners after the surrender. 



EXAMINATION OF JACOB LIMBER. 

Jacob Limber testified that he was a seaman on board the 
^* Jefferson Borden " on the 20th of April last, and that that 
vessel carried the American flag ; that between six and 
eight o'clock of the evening of said 20th of April he and 
Smith were in the forecastle in their bunks talking about the 
lights of the coast of England, but he could not say who 
started that conversation ; that at eight o'clock he went to 
the wheel and relieved Glew, and remained at the wheel till 
ten o'clock, wh^A he was in turn relieved by Smith and went 
forward ; and that the night was a moonlight night. 



110 EVIDENCE^ 

The examination continued as follows : — 

0. When you went forward, where did you go and what 
did you do ? A. 1 went in the forecastle when I came for- 
ward, and lit my pipe. 

Q. Whom did you see there, if anybody ? A, 1 see tiiree 
men in their bunks. 

Q. Who were they ? A, Miller, Glew and the boy. 

Q. Then you went out, and what did you do ? A. 1 sat 
on top of the spars on the port side of the house. 

Q. IIow long did you stay there ? A. About three quar- 
ters of an hour. 

Q, What took place next? A. The second mate came 
forward and told me to pump her out. 

Q, What did you do? A. Me and the second mate pumped 
her out, and me and the second mate sat on the spars. 

Q, You and the second mate pumped her out, and were 
about how long ? A, About ten minutes. 

Q. Then you and the second mate did what ? A. We sat 
on top of the spar alongside of the house, — port side of the 
house. 

Q. IIow long did you sit on that spar? A, About ten 
minutes. 

Q. What took place then ? A. The second mate went aft, 
sir. 

Q. What took place next ? A. Smith came running for- 
ward, and he said to me, — I sat on top of the spar, — go and 
relieve the wheel while he was doing a job over the bows. 

Q. What did Smith say to you ? A, Go and take the wheel 
while he i? goijig to do a job for himseK over the bows. 

Q. What did you do ? A. Smith came along and said, 
" Go on. go on I " 

Q, What did^you do ? A. 1 went aft. The second mate, 
he was standing at the wheel, and he gave the wheel to me 
and stood a little while alongside of me, and Smith sun^ out., 
"Jib-sheet carried away I " The second mate walked for- 
ward. I think Smith sung out, ** Jib-sheet carried away I " I 
was at the wheel then. The second mate he looked over the 
side, and he see the pennant flying over the side. He walked 
forward, and I see Smith and the second mate out on the jib- 
boom, two of them, sir. I see them when they went out. I 
didn't see them when they came in^ sir. I cast my eyes for- 
ward again, and I see Smith jump on the forecastle head on 
tl\e main deck. I didn't see where he was gone after that, 
sir. 

Q. What took place next? A. After a little while the 
mate came on decK. 



EXAMINATION OF JACOB LBfBER. Ill 

Q. About how long should you think after that the mate 
came on deck? A. The second mate was gone about ten 
minutes forward, sir ; and the mate came through the after 
cabin, sir ; and he asked me — 

EMr. Field. You need not state wMt he said.'] 
Clifford^ J. According to the course of the trials that ques- 
tion would he excluded.] 

[ilfr. Sanger. We h^ve no desire to press the question,] 

[Cliffo d^ J, We do not mean to rule in this trial that an 
order given by an officer to an inferior in respect to the manr 
agement of the vessel and the report t1ia,t officer made back is 
not admissible.] 

Q. How long did the chief mate 6tay by you ? A. He 
was standing by me about five minutes. 

Q. What was the mate doing while he waited that five 
minutes? A. He didn't do anything. He was standing 
alongside of me. 

Q. Where is the compass of the vessel ? A. Bight front 
of me, sir. Say I am here ; the compass was here, sir 
(^indicating a point directly in front of him). 

Q. When the mate left you which way did he go ? A. He 
went off on the port laide. 

Q. Which was the weather side that night ? A. The port 
side. 

Q. On which side of the house does the officer of the deck 
go ? A. The weather side, sir. 

Q. What took place next ? A. When the chief mate went 
down the deck, X didn't bcc him alter that. 

Q. State anything that occurred. A. Directly he went 
down the main deck 1 heard somebody sing out, ^' Oh, oh I " 
twice. 

(. Did you hear anything more ? A. No, sir. 
What happened next ? A. Well, after a little while 
the captain came and sung out the second mate's name. 

Q. State what he said. What words did he use? A, 
" Charlie Patterson." . 

Q. Where did he stand when he sung out that ? A. He 
was standing on the niaiii deck, front of the cabin. 

Q. How loud did he speak? A. Oh, he sung out loud, 
sir. 

Q. How long was it after you heard some one say, " Oh, 
oh I" before you heard the captain call, " CharUe Patteiv 
son I " ^. It might be a little more than ten minutes. 

Q. What happened next ? A. He sung out the chief 
mate's name next. 

Q. What did he say ? A. " Mr. Patterson." 

Q. What next ? JL. The next he came in after me. 



t 



112 EVIDENCE. 

Q. How long after ho shouted '^Mr. Patterson'' was it 
that he came for you ? A. Not five minutes I don't think. 

Q. Was the captain dressed at that time ? A, No, sir ; he 
had only his trousers on. 

Q. lie had on his trousers ? A, Yes, sir, and shirt ; that 
is all. 

Q. After the captain spoke to you what took place next ? 
A. He asked me — 

Q. You need not state what was said, hut what was done. 
A. Ue went out again and sung out twice. 

Q. What did he sin^out? A. The mate's and second 
mate's name, " Charlie Patterson " and " Patterson." 

Q. Did you hear any reply made when he sung out at any 
time ? A. No, sir. 

Q. Did you ever see the second mate after you saw him go 
out on the jibhoom ? A, No, sir. 

Q. Did you ever see him after he disappeared from your 
siglit around the cabin ? A. No, sir ; I never saw him. 

Q. How loud did the c^)tain speak when he called out, 
"Mr. Patterson" or *'Chaiiie Patterson"? A, He sung, 
out " Charlie Patterson " twice, sir. 

Q. Where did you stay during that night? A, At the 
wheel. 

Q, Did you see anybody forward that night ? A, Yes, sir. 

Q. Where ? A. I see the men keep looking out the fore 
side of the house round the corner. 

Q, On which side ? A. The port side, sir. 

Q. Do you know who it was r A» I don't know ; I cant 
say. 

Q. Did you see anybody else ahead that night? A, 1 
didn't see anybodv else, only I see the men keep looking out 
the corner of the house, port side, forward side* 

Q. Could you, while at the wheel, see on the starboard side 
of the forward house ? A, No, sir ; I couldn't. The sails 
was up, — the booms. 

Q. Were you "sailing close to the wind or not that night ? 
A. No, sir ; tlie wind was right aft, sir. 

Q. What occurred the next day ? A* The captain came 
aft to me, and says he to me — 

Q, You need not state what he said, but what was done 
the next day. A. The captain commenced shooting into the 
forecastle, in forward, sir. 

Q. Who did any shooting that day ? A. The captain and 
steward, sir. 

Q. Did you at any time leave the wheel ? A. Yes, sir. 

Q. When ? A. Two or three times that day. 

Q. Where did you go ? A. Along with the captain. 



EXAMINATION OF JACX>B LIMBER. 113 

Q. What was done with the wheel when you left it ? A. _ 
Lashed fast. 

Q. Where was the hoy Henry that day ? A, He was some- 
times standing at the wheel and was sometimes in the cahin, 
sir. 

Q, Did you go forward that day at all ? A, Yes, sir. 

Q, How far forward ? A, The aft side of the house was 
as far as I went. 

Q, The aft side of the forward house ? A. Yes, sir. 

Q, Did jou see either of these tluree prisoners that day ? 
A. Yes, sir. 

Q, Where were they ? A» The forward side of the house, 
^1 three of them. 

Q. What did you see them do, if anything ? A. Heaving 
stones and hottles. 

Q. At whom ? A. All three of us. 

©. When you left the captain where did you go ? A. Aft 
to the wheel, sir. 

Q' (by Clifford^ J".). Did you see them throw anything 
but stones ? A, Yes, sir ; hottles and pieces of wood ana 
pieces of cast*iron. They smashed a grindstone to.pieces. 

Q, Did you ever see tliat (iron strap) that day? A. Yes, 
sir : this was lying on top of the forecastle. 

Q, Did you see it that day ? A. I don't remember. 

Q. How long did you stay at the wheel after the shooting 
began ? How much of the next day were you at the wheel V 
A. Sometimes I was standing there three hours ; sometimes 
I was standing there four hours. 

Q. Well, what was done that night ? A, Well, we took 
the sails down the second night, sir. 

Q. Did ^ou see either of these men that second night ? 
A. Yes, sir. 

Q. Where ? A. Forward side of the house. 

Q, How late did you see them the second night? A. 
About six or seven o'clock, I think, sir, I see them the 
latest. 

Q. Where did you see them last the second ni^ht, and 
what w.ere they doing ? ^. I see them the fore side of the 
house. 

Q. What were they doing, if you could see ? A, The cap- 
tain sung out, " Are you going to lower the foresail down 
and clew the foresail up ? " Tfiey didn't give any answer. 

Q, Did you hear tlie captain say anything to them during 
that first (lay when they were shooting ? A. Yes, sir. 

Q, What did he say ? A. He asked them, " Where is the 
mates ? Give the mates up." 

Q. Did you hear them make any reply ? A. No, sir ; no 
answer. 



114 EVIDENCE • 

Q, Now, what waa done the day after they disapp^ured, — 
the second dajr of Uie fight? A. They put them in irons 
the next morning. 

Q. vVill you describe what was done before they put them 
in irons, if anything? A. They were shooting inside the 
forecfwlle. 

Q. Do you recollect anything that was done before they 
began to shoot into the forecastle? A» Yes, sir. • 

Q, State it. A, We shut the door. 

Q. Who closed the door? A. I closed the door, and the 
boy nailed it, sir. 

Q. Who were present at that time when the door was 
clo^^cd? A. The captain and steward, sir. The captaifi 
stood on the port side and the steward on the starboard side 
of the forecastle. 

Q. At what time were they put in irons ? ^. I think it 
was about twelve o'clock. 

Q. Where were they put in irons ? ji. In the forecastle, 
through the window. 

Q. On which side? A, Starboard side. 

Q, Who were there when the first iron was put on ? A, 
The captain and me. 

Q. Where was the steward ? A. The steward was on the 
port side, sir. 

©. Which was ironed first? A. Glew. 

Q, Which next ? A. Smith, sir. 

Q. And which next ? A. Miller last, sir. 
. Q. Now, after they were ironed, will you state everything 
that was said, if anything was said by anybody ? 

[i¥r. Sennott objected^ out the Court namitted the question.'} 

Q. You may state anything that you heard said, before the 
prisoners were ironed, between the captain and these three 
prisoners. A, I don't remember him saying anything before 
they were put in irons. 

Q. Now state anything you heard said after they were put 
in irons. A. The captain asked the same time he put him 
in irons, *' Are the mates in there in the forecastle ? " Miller 
say, " No, sir." 

p. Go on. A, Captain asked " Where is the mates ? " 
Miller say, "I believe they are over the sides." Captain 
asked, " Who knocked the second mate over the side ? " 

[Mr. Sennott objected^ and after hearing counsel on both 
sides y the Court said:"] 

Low£LL, J. I think this evidence is admissible on sev- 
eral grounds. However, it is enough to state now, perhaps, 
that there is evidence to go to the jury of which they will 
judge that, as far as two of the defendants are concerned , 



EXAMINATION OF JACOB LIMBER. 115 

certainly, and even so far as they are all concerned, there is, 
perhaps, some evidence to go to the juiy of which they will 
judge, that all the transactions of that night were a conspir- 
acy, were agreed upon beforehand, and that it is in fact but 
one transaction which is in question now. I believe that the 
answer that it is expected will be given hj this witness was, 
perhaps, improperly given by another witness, so that wo 
may, perhaps, know what it will be. Assuming that it will 
be what that witness said, I think it would be clearly evi- 
dence against that defendant as an admission, on the ground 
stated by the district attorney; that is, it would tend to show 
what was intended and contemplated. It would be clearly 
admissible upon that ground, if the answer is what we 
expect. But in ruling, of course we must assume that it 
.would be an answer applicable to some cither of the defend- 
ants, and on that ground it is admissible. My own opinion 
is that it is admissible as part of the conversation. 

CiiiFFOBD, J. It is true that evidence of the commission 
of one crime is not admissible to prove the commission of 
another. But it is held by good authorities that preconcerted 
acts and schemes for the commission of a crime are admissi- 
ble, especially in charges of murder, to show malice. It is 
one of the instances put in all the books that preconcerted 
crimes and schemes are admissible as evidence of malice, 
and every one who knows anything of the criminal law knows 
very well that one material allegation, if not the material 
allegation in a charge of murder, is that the act was done 
maliciously and with malice aforethought on the part of the 
party charged with committing the deed. Some doubts arose 
when the question was previously presented to the Court 
about the ruling which we made ; but upon the whole we 
came to the conclusion that it was better to exclude it at that 
time. Inasmuch as one of the judges did not feel entirely 
clear that it was admissible, we thought it safer to give the 
prisoners the benefit of the doubt, which rested more partic- 
ularly, perhaps, in mjr mind, and excluded the evidence, at 
the same time remarking that there were two qualifications to 
the rule: first, that in a case where the evidence of the second 
crime was so connected with that offered to prove the crime on 
trial that the evidence of that crime could not be understood 
or appreciated unless the whole went to the jury, the whole 
must go to the jury; the other qualification was that where 
there was a conspiracy (perhaps I used that word; it would 
have been better if I had said preconcerted scheme or plan 
to commit the deed) then the whole must come in, upon the 

§ round that to a certain extent the act and conduct and 
eclarations of one was the act, the conduct and declarations 



116 EVIDENCE. 

of all the parties. Now, in the very nature of this transac- 
tion there is more or less proper ground of inference that 
here was a preconcerted plan either to kill or overpower and^ 
secure all of the officers and all of the men on board that' 
vessel who did not concur in the scheme or plan which was 
devised to be carried out. In carrying out the scheme, which 
the evidence which has been introduced tends to show was 
preconcerted at least as early as eight o'clock on the evening 
of the 20th, if not before, between the three, the first step 
might naturally be supposed to be to dispose of the second 
mate as lie was the officer of the deck. They did not wish, 
probably, to encounter two or all of the officers at any one time. 
Almost necessarily, therefore, they must be disposed of sep- 
arately, and as the second mate was the officer of the deck, if 
the assault was maae upon the mate or upon the master first, 
the second mate would naturally make an outcry, and whoever 
did not concur in the plan or scheme would be likely to go to 
the assistance of the othera. In order, therefore, to their 
own security they would naturally first find it convenient and 
necessary to dispose of the officer of the deck, and then of 
either the mate or the master, whichever appeared in their 
way first. On the evidence which is in the case tending' to 
prove the fact, it will be for the jury afterwards to decide 
whether it does prove it or not, some of the defendants 
(Miller perhaps) at one time said they proposed to dispose 
of the master as they disposed of the mate. At other times 
they said they did* not intend to kill him, but intended to 
confine him in the hold with his wife, and then scuttle the 
vessel when they got near the shore, and allow the whole to 
go down. The evidence all tends to show that the purpose 
was to get possession of the vessel; and in order to take pos- 
session of the vessel, it became necessary for them to dispose 
of all opposition that came in their way, either by immediate 
destruction, or by putting the parties out of the way, so that 
they would not appear against them in courts of law at sonae 
subsequent period. 

Taking the whole together, I am now entirely clear that 
this evidence is admissible as a part of the transaction, the 
prior evidence having been introduced to show that there 
was a preconcerted plan to take possession of the vessel. I 
think the evidence in that respect is for the consideration of 
the jury. The Court do not mean to decide that it is suffi- 
cient, nor that the jury will come to that conclusion ; but we 
do decide that there is enough to go to the jury upon that 
question, and that, therefore, a proper foundation is laid for 
the admission of this evidence. I concur, therefore, in the 
conclusion of my brother, Lowell. 



EXAMINATION OF JACOB LIMBER. 117 

You may proceed with the examinatidn. 

Q, Now go on and state what was said at the time of the 
surrender, A. The captain asked, " Who knocked the 
Becond^niate over the side?" Smith said he did, sir. Cap- 
tain said, "Over where?" — "Over the bow, sir, with the 
capstan-bar." Captain asked, " Who knocked the chief 
mate, — who killed the chief mate?" Miller say he did, 
sir. " With what ? " — " Piece of the iron strap." Captain 
asked where he got that iron strap. "Off of forecastle^ 
alongside of the foremast." 

Q. Anything further? A* I don't recollect, sit, what he 
says afterwards. 

Q. Was anything said about how the chief mate came 
overboard ? A. Captain asked, " Who has killed the chief 
mate?" Miller say he did. "Withwhat?"—" Iron strap." 
He asked the men who put him over the side. " All three 
of them. He went down like a stone." 

0. Who said that ? A. Miller. 

Q. Who was it that said, "All three of them"? A, 
Smith and Miller and Glew, sir. " All of us helped send 
Mm over the side." 

Q. Who said that? A, Miller. 

Q. Amrthing further ? A, Before we came to London, a 
couple or days before, sir, — 

Q. No. Was anything further said that you recollect at 
that time ? -4. No, sir. 

Q. Did Glew say anything then ? A. Glew say he got 
nothing to do with it, and Smith turned liis head round like 
this, and say, " Don't you plead innocent! You were as bad" 
as the rest of us." 

Q. (by Clifford^ J.). What, if anything, did Glew say in 
reply to that ? A. Glew say he got nothing to do with it. 

Q. When Smith told him he was as bad as the rest, did he 
say anything in reply? A. He said, "No ; he was inno- 
cent," 

Q. (by Mr. Gummmgs). Was anything further said at 
that time that you recollect ? A, No, sir ; I don't recollect. 

Q. Did you ever see that piece of iron before (exhibiting 
iron strap)? A. Yes, sir ; that is the piece he had. 

Q. Where did you see that piece of iron before ? A. Mil- 
ler had this piece of iron when he struck the mate. 

Q, When did you see that ? A, The captain took him aft 
to show what place he struck him. 

©. Were you there at the time ? A. Yes, sir. 

Q. Who else was there ? A, Me and the captain and 
Miller, and there was this. I don't know anybody else. The 
steward was there. 



118 EVIPENCE. 

Q. Did you hear Miller say anything, except at that time, 
about the murder of the chief mate ? A, No, sir. 

Q. Did you ever hear Smith say anything about anythra? 
that happened that niijht ? A. Before we cam^^ to London I 
asked Smith one evening why he knocked second mate over 
the side. He say he knocked him down off the jibboom, 
sir. 

Q, Anythinj? further ? A. No, sir. I asked him how he 
knocked him down. Ue didnH answer Qie. He didnH say. 

Q. Did you ever hear Smith say anything else about it ? 
A. No, sir ; I didn't. 

Q. Do you recollect ever hearing Glew say anything about 
what happened on the night of the 20th ? A. No, sir ; Glew 
always say he got nothing to do with it. He didn't done it, 
— only helped chuck him over the side. 

Q, What did he say about that? A. He say he helped 
him. 

Q. When did he say that? A. I don't remember what 
time he says that. 

Q. (by Clifford^ J,). Do you remember where it was ? A, 
No, sir. 

Q, (by Mr, Cummings). Do you know who were present ? 
Did he say it to you or some one else ? A. No, he didn't 
say it to mc, but I heard that he said so. 

Q. What did you say about Glew ? A. Glew say he got 
no nothing to do with it. 

Q. What else? A, I heard Smith and Miller say he had — 

Q. You heard Miller and Smith say he did, but did you 
6ver hear Glew say anything about it ? A. No, sir. 

Cross Examination. 

Q, (by Mr. HUT), Jacob, were you there at the forecastle 
when the captain was firing in there ? A. Yes, sir. 

Q. Did you hear the men cry out that they would give up ? 
A. Miller sung out he would surrender. 

Q, Were there any shots fired after that ? A, The captain 
was in the galley, sir, and shoot Miller, and went to the star- 
board side and shoot Glew — 

Q. What did he say to Glew ? Did the captain shoot after 
Miller sunaj out ? A, Yes, sir ; he shot Glew about the same 
time that Miller spoke out. Not both together. He spoke 
to Miller first, and then he went right off on the starboard 
side and shot Glew. 

Q. Hq shot Glew, then, after Miller said he would give 
up, did he ? A. Yes, I think it was bo. . 

lAcijoumecL] 



EXAMINATION OP JACOB UMBEK. 119 

Monday, Sept. 27, 1875. 

Upoa further cross-examination by Mr. Hill this witness 
testified that he helped take Miller and Smith from the fore- 
castle after the surrender ; that they had rough weather after 
leaving New Orleans, and the men had to work pretty hard, 
but that they never refused to do all they could. This witness 
testified that he remembered the time when Miller was up in 
the rigging oiling the mast, and that he heard the captain 
sing out to Miller, " Don't grease the rigging ! " and Miller 
reply, "All right I " and the captain again sing out, " Don't 
grease that rigging I You heard me I " and Miller again reply, 
" All right ! " that the captain then jerked him up and down 
by the rope and ordered him down ; that the captain and the 
two mates seized Miller and, after a struggle, put him in 
irons and pulled him up in the rigging so that his toes just 
touched the deck, and that he, the witness, said to the cap- 
tain, *' That is too bad altogether. Let him stand on his feet " ; 
that Miller got up to the rail as quick as he could, and stood 
there between three and four hours. Witness also testified 
that he remembered one time when Miller did something not 
exactly as the captain liked, and he kicked him in the face, 
leaving a slight scratch on his left cheek. He also testified 
tkat after the surrender, at the time the captain said to 
Miller, " Show me the place where the mate was standing 
and where you were standing," the captain had in his hand 
a piece of iron, an iron strap. 

The cross-examination of this witness by Mr. Field then 
proceeded as follows : — 

Q, (by Mr. F%eW)» You went to the wheel at eight 
o'clock, did you, at the end of the dog-watch, on the night 
of April 20th? Whom did you relieve, — whom did you find 
there ? -4.1 relieved Glew. 

Q. Then Glew had been at the wheel before you went 
there ? A. Yes, sir ; that was the change of watch at that 
time, — eight bells. 

Q. Where were you during the dog-watch, from six to 
eight? A. I was down below in the forecastle, me and 
Smith. 

Q. All the time ? A. Yes, sir. 



120 EVIDENCE. 

Q. And you found Glew at the wheel when yon took it ? 
A> Yes, sir. 

Q, Arid what did Glew do, — where did he go then? A. 
Walked forward. 

Q. That was at eight o'clock ? A. Yes, sir. 

Q. Now, when was the next time you saw Glew? A.. I 
saw him the next nioi*ning. 

Q. At what time ? A. It was ahout seven or eight o'clock, 
I think, sir. 

Q. Then from the time you took the wheel at eight 
o'clock, until the next morning at seven or eight o'clock, 
you did not see or hear Glew? A. I was standing at the 
wheel all that night, until about eleven o'clock (the next 
morning), when the boy came and relieved me. 

Q, iV'hen you took the wheel at the end of the dog-watch 
and Glew left you, you didn't see him again until the next 
morning, did you r A, Yes, sir ; I saw nim at ten o'clock 
in his bunk, all three of them. 

Q. Who ? A. Glew, Miller and the boy. 

Q. Were they asleep or not ? A, 1 don't know ; I didnt 
speak to anybody in the forecastle. 

Q. You didn't speak to Glew, and Glew didn't speak to 
you ? A, No, sir ; nobody. I just lighted my pipe and 
went out on deck again. 

Q. From the time Glew left the wheel at eight o'clock, at 
the end of the dog-watch, until you saw him in the bunk aii 
ten o'clock, did you see him between those two times ? A. 
No, sir. 

Q. How much of the ship's deck can you see from where 
you stood at the wheel ? A. Forwjurd, sir. 

Q, Gould you see forward ? A. Yes, sir ; I could see up 
the aft side of the mainmast. 

Q. How far forward could you see, after you took the 
wheel, on the deck of the vessel ? A, I could see right in 
forward. 

Q. Could you see clear forward to the bows ? A, Yes, 
sir ; daytimes you could see, — step aside and look. 

Q. When you were standing at the wheel how far forward 
were you able to see ? A, Aft side of the mainmast, sir. 

Q, Could you see forward of the mainmast? A, Ye», 
sir. 

Q. How far ? A. Eight forward as far as the ship went. 

Q. Now, my question was, Between the time when Glew 
left the wheel at eight o'clock and the time you saw him in 
his bunk in the forecastle at ten o'clock, did you sec Glew 
anywhere ? A» No, sir. 

Q. Now, after ten o'clock, when you say you saw Glew in 



EXAMINATION OF JACOB LIMBER. 121 

his bunk in the forecastle, when did you next see him ? A. 
I see hun the next morning. 

Q, At what time the next morning ? A> About seven or 
eight o'clock, I think. 

Q, Now, from the time you saw Glew in the forecastle at 
ten o'clock, and the next morning at seven or eight o'clock, 
did you see Glew at all ? A, No, sir. 

Q, You were at the wheel all night ? A, Yes, sir. 

Q. And it was^ a moonlight night ? A, Yes^ sir. 

Q, FttU moon ? A, FuU moon that night, sir. 

This witness further testified that when he took the wheel 
from Glew at eight o'clock, the second mate was front of the 
cabin talking with the first mate ; that from eight to ten the 
second mate was sometimes aft and sometimes on the main 
deck ; that somewhere from half-past nine to ten o'clock the 
captain was on deck, standing by the wheel, talking with the 
second mate ; that some time before ten o'clpck Smith and 
tbe second mate pumped the vessel out ; that at ten o'clock 
Smith took the wheel, and the witness went to the forecastle 
and lit his pipe and sat on a spar, on the port side of the 
bouse, just abreast of the galley, and smoked for about three 
quarters of an hour ; that he saw no one during that time but 
Smith, who was at the wheel ; that then the second mate 
came to him, and they together went and pumped out the 
vessel about ten minutes, and then returned to the same 
place and sat together on the spar for about ten minutes 
longer ; that he did not see any one except the second mate 
and Smith at the wheel during these twenty minutes. 

The cross-examination continued as follows : — 

Q. What next happened ? A. The second mate went aft 
and Smith came running forward. 

Q. How long after the second mate went aft was it that 
Smith came forward ? A. Not five minutes, I don't think. 

Q. Smith came forward and told you he wanted to do a job 
over the bows, and the second mate told you to go aft ? 
jL, Yes. sir ; Smith told me, ^' Go on, go on ; the second 
mate told you to go." 

Q. You went aft and took the wheel ? A, Yes, sir ; the 
second mate was standing at the wheel, and gave the wheel 
to me. t 

6 



122 EYIDENCK. 

Q, How long were you rtanding at the wheel before you 
hesurd anything from Smith? A. About two or three min- 
utes. Smith kept singing out; "Jib sheet carried away I " 

Q, Do you know where Smith was when he sun^ out, 
** Jib sheet carried away "? A, On the forecastle head. 

Q. Could you see him, or could you only hear him V A. 1 
heard Smith singino; out, and the second mate went close to 
the port rails and looked forward, and he see the pennant 
flying over the jib stay. 

Q. Did you see the pennant ? A. Yes, sir ; I saw the jib 
pennant over the stay. 

Q, Then you did see it yourself ? A, Yes, sir. 

Q. Did you look along the port or starboard side of the 
vessel ? A, No, you couldn't see the starboard side of the 
vessel ; you could see the port side of the vessel. 

Q. You looked along the port side ? A. Yes, sir. 

Q. The light was such that you could see fore and aft of 
the vessel on the port side ? A. Yes, sir. 

Q. How long a time was it after that that you say you saw 
Smith and the mate on the jibboom ? A, "Not two minutes. 

Q, Whereabouts on the jibboom did you see them ? A, I 
see Smith and the second mate out on the jibboom. 

Q, Could you tell where ? A, 1 don't know ; there was 
two of them there. 

Q, The light was such that you could see them ? A, Yes, 
sir. 

Q. Was there anybody else out on the jibboom? A. I 
never heard. 

Q. Will you put your finger on the jibboom where you 
say you saw them ? A. [ Witness puts his finger about mid- 
way of the jibboom on a picture of the vessel."] 
. Q. You saw no one else either on the jibboom, or on the 
forecastle head, or anywhere, did 'you ? A. No^ sir. 

Q, Nobody else was visible on board the ship ? A. No, 
sir ; I didn't see nobody. 

Q. Now, how long a time after that was it before you say 
you saw Smith jump down from the forecastle head ? A. 
Not five minutes, I don't think, sir. 

Q. At that time did you see anybody else on board the 
ship but Smith ? A, No, sir ; I didn't see nobody else, and. 
heard nobody. 

Q. Now, what was the next thing you saw or heard ? A, 
The next thing I heard the captain singing out the second 
mate's name. - 

Q. At any time did the first mate come to you at the 
wheel ? A, l^o, sir ; I never see the second mate after he 
went forward. 



EXAMINATION OP JACOB LIMBER, 123 

Q, I am asking now about the first mate : did you see the 
first mate after you saw Smith jump down from the fore- 
castle head ? A. Yes, sir ; the first mate was alongside of 
me, sir. 

Q. Where did the first mate come from? A, He came 
from the after cabin door, sir, right through the cabin. 

Q. !Now, if you take that to be the cabin and that end the 
after part, he came out of the cabin through the aft cabin 
door^ did he ? A. Yes, sir. 

Q, He didn't, then, come round the gangway ? A. No, 
sir ; he came through this door, and stand right side of me, 
about five minutes, and asked, " Where is the second mate ? " 
and I say, " He walked on the main deck, I think. I heard 
Smith sing out, ' Jib sheet carried away I ' " That is what 
I said to the mate. He didn't say nothing to me. 

Q, Did he ask you the course of the vessel? A. No, 
sir. 

Q. Didn't the first mate ask you how you were steering, or 
what course you were steering, and look at the compass? 
A. I don't think he asked that of me, sir. I know he looked 
at the compass. 

Q. Do you remember that he' asked you about the course 
of the vessel or not ? J.. I don't remember if he asked me 
about the course, but I know he looked at the compass. 
Yes, I think he asked me about the course, because I told 
him we were steering east that night. 

Q, How long was it after you saw Smith jump off the fore- 
castle head be&re the first mate came out of the after cabin 
door ? A. 1 don't think not five minutes, sir. 

Q. How long was it after the mate came out before he 
went aft, — how long did he stay by you? A, About five 
minutes, that is all, sir. 

Q, Did you see where Smith went when he jumped off the 
forecastle head ? A, No, sir. 

Q. Did you see him after that ? A, No, sir. 

Q. Now, how long was it after the mate went away from 
the wheel before you heard the captain call, " Mr. Patter- 
son"? A, Not long; but I can't exactly say. It wasn't 
ten minutes. 

Q. It wasn't ten minutes ? A. No, sir. 

Q. Now, how long was it after you first heard the captain 
call " Mr. Patterson 1 " before he came through the after 
cabin door to the wheel ? ♦ * « * ^. About five minutes, as 
near as I can say, sir. 

Q, When the captain came to you at the wheel, was he 
dressed or not ? ^. He got his trousers on him ; but I don't 
remember if he got the coat. 



124 EVIDENCE. 

Q. Which side of the cabin did the mate get off from the 
poop-deck when he left you ? A. The aft side, sir. 

Q. And you heard the ** Oh, oh 1 " soon afterwards ? A. 
Yes, sir. 

Q. Did you see anybody at that time ? A. No, sir. 

Q. Did ^ou hear anythmg but that ? A. No, sir ; I didn't 
hoar notliing, only he sung out twice, " Oh, oh ! " I can't 
say who it was, — whose voice it was. 

Q. And you heard nothing else, and saw nobody? A. 
No, sir. 

This witness further testified that ho remained at the wheel 
till nine o'clock the next morning ; that he went forward the 
first time with the captain at about the time he left the 
wheel and that during that day he '^ ws3 sometimes in the 
fight and sometimes at the wheel " ; that the day following, 
Thursday, the 22d, the wituess and Henry pumped out the 
vessel at four o'clock in the morning ; that at six or seven 
the forecastle door was nailed up and the prisoners fastened 
in the forecastle, and that he was present and witnessed the 
surrender, and assisted in taking out Smith and Miller from 
the forecastle and in putting Glew into his bunk. Witness 
further testified that he was present, on top of the cabin 
shortening sail, when Miller was being ironed and triced up 
in the rigging, and did not see Glew leave the wheel or do 
anything.. 

Mr. Sennott cross-examined the witness at considerable 
length concerning the condition of the vessel when she lei^t 
New Orleans, the extra labors performed by the men in get- 
ting her into shape, and the treatment of the men by the 
captain ; also as to the condition of the jib-sheet and the 
pennant and the swinging of the block at the end of the pen- 
nant, at the time Smith and the second mate went out oa 
the jibboom. 

On re-direct examination the witness explained that the 
pennant was swingii^ after the jib-sheet parted ; but that 
the outer jib was hauled down, so that the pennant and block 
rested upon the jibboom where they could not swing, before 
the mate and Smith went out on the jibboom. 



EXAMINATION OF HENRT MALAHEINE. 125 



EXAMINATION OF HENRT MALAHEINE. 

Henry Malaheine testified that he was bom in France, 
and joined the "Jefferson Borden" in Calais, France, in 
January, 1874, and was on board that vessel on her late voy- 
age from I^ew Orleans to London ; that about the 15th of 
April last, after he had been bailing out the cabin and had 
gone forward, Miller, in the presence of Smith and Glew, 
questioned him concerning the cabin, and whether the cap- 
tain's wife had any jewelry, and if he knew where the vessel 
was; that Miller told him ^e next time he went into the cabin 
to look in the log-book and find out where the ship was ; that 
about the 18th of April Miller, Smith and Glew were talking 
about fire-arms, and Miller asked him if the captain had any 
revolver^, and upon his replying that the captain had a revol- 
ver and a double-barreled gun, Miller said, " That is no such 
thing ; the captain has got no such thing on board " ; that 
on the night of the 20th of April, at eight o'clock, he and 
MiDer, Smith and Glew went into the forecastle and lit their 
pipes, and Miller, Smith and Glew went on deck ; that he 
never knew Miller and Glew go on deck before at that time, 
but that they usually turned in as soon as they came to the 
forecastle ; that Miller and Glew returned to the forecastle in 
fifteen or twenty minutes and got into their bunks with their 
clothes on, except their coats and shoes, and that witness 
then went to sleep. 

The examination of this witness then proceeded as fol- 
lows : — 

Q. After you went to sleep will vou describe the next 
thing you knew or saw? A. The first thin^ after that I 
happened to wake up. I heard a noise in the forecastle, and 
I saw a lamp burning, and Miller and Smith and Glew was 
there. 

Q. Where were they ? A, In the forecastle. 

Q. Whereabouts ? A. Liside, sir. 

Q, In their bunks or not? A» No, sir. I asked them, 
*^ What time is it ? " and they said, " Eight bells " ; and Glew 
he replied and said, **Your watch is over; there is no 
wind. We tell the mate you are sick, and the mate said, 



126 EVIDENCE. 

* Better let you sleep.' " At the same time I saw Miller 
with a muffler in his band. At the same time he took me 
here [6y the throat}, and put his hand on my mouth {Jbrcing 
it open], and put in a handkerchief. I tell him what was he 
goinff to do with me. I said, *' You going to throw me over- 
hoard V I never done no hurt to you. It is no use to throw 
nie overhoard.'* They no give me no answer. At the same 
time Smith he took my hand and hold on to my hand, and at 
the same time Miller he make fast the muffler, and after 
they make me fast, — Glew was standing there, — he went on 
deck, and Miller say, *' Come out your hunk." I come out, 
and they carry me forward, and at the same time they carry 
me forward, I look aft, and I see Glew standing on the star- 
hoard side, on the after part of the starboard house, looking 
aft, and they carry me forward to the fore hatch, aiid wbeu 
he come to the fore hatch, he shove me down. 

Q. Who did that? A. Miller. 

Q. Was anybodv with him ? A. Yes, sir. 

Q, Who? A, Miller had my arm, and Smith had the 
other one. Then Miller h^ jump down the hold, and Smith, 
he take a line about so thick Iholding up Ms finger'], — about 
three fathom line, — and make it fast to the stanchion, and 
make me fast in the middle, so 1 couldn't get away. They 
been there about ten minutes. 

Q. You say " the fore hatch." Which one do you mean ? 
A. The one lorward of the foremast. 

Q. Go on. A. Then the men went off, and about five 
minutes afterwards Miller come to the hatch and ask me, 
" You all right there ? " I said, " Yes, I all right." That 
time I hud got the handkerchief out of my mouth so I can 
talk. Then he went away again. 

Q, At the same time when Miller and Snaith were down 
Ihis fore hatch with you, did they say anything ? A, Yes, sir. 

Q, What ?. A, Miller say, " You damn son of a bitch ! 
you helped the captain to put me in irons. I have got you 
now," he says. 

The witness further testified that he worked himself loose, 
and worked his way over the cargo to the after part of the 
vessel, and crawled under the cabin floor ; that he was s-ix or 
seven hours doing this ; that he heard Mrs, Patterson speak 
to the captain in the cabin, and he made a noise, and the 
captain heard him, and let him up through the lazaret into 
the cabin. 



EXAMINATIONS OP PBTTiaROVE AND PLUMEB. 127 

Cross Examination, . 

On cross-examination by. Mr. Hill witness testified that 
Miller afterwards told him that it was between eleven and 
twelve o'clock that they tied him and took him out of the 
forecastle. 

On cross-examination by Mr. Field witness testified that 
Glew was on the same watch with him all the voyage ; that 
GIcw was not much of a sailor, and was not a troublesome or 
quarrelsome man ; that Miller has told him since that it was 
after the mates were gone that they bound him, and that 
Glew, when he asked him why he did it, said, " I got nothing 
to do with it ; the men forced me to do it." 



EXAMINATION OF FREDERIC A. PETTIGROVE. 

Frederic A. Pettigrove testified that he was a Deputy United 
States Marshal, and that on the 10th of July he went on 
board the steamship "Batavia," at the Ounard Wharf in 
£ast Boston, with a warrant for the arrest of the prisoners, 
and received them from the English officers who had them 
in custody. 



EXAMINATION OF AVERY PLUME R. 

Avery Plumer testified that he came from Europe on the 
steamship " Batavia," which arrived at East Boston on the 
10th of July ; that he went on board the '' Batavia" at Liver- 
pool ; that she stopped first at Queenstown and next at the 
wharf in East Boston ; that he saw three men on deck several 
times, but could not swear that the prisoners were the three 
men. 

- . Cross Examination. 

Being cross-examined by Mr. Hill witness testified that he 
first saw the three men on board ship, and that they came in 
the ship. 



128 EVIDENCE. 



EXAMINATIOir OF HENRT AIKEN, reeaUed. 

Henry Aiken being recalled testified that when the captain 
was putting Smith in irons Smith said, ^^ I killed Charlie"; 
that the captain then spoke to Glew, and Glew said, '' I had 
nothing to do with it," when Smith slewed round to him and 
said, "You are innocent now!" also that at another time, 
after the day when they liad Miller aft, the captain said to 
Smith, " I want you to go forward and show me where the 
second mate was when you killed him," and that the captain. 
Smith and the witness went forward and up on the fore- 
castle, and Smith pointed " right over the bow, on to the 
bowsprit, where he would come in on the forecastle," and 
said, " There is where he was." 



EXAMINATION OP WILLIAM J. PATTERSON, reeaUed. 

Captain Patterson being recalled testified that at the time 
o£ the surrender, when the prisoners had their hands out of 
the window, Smith said he killed the second mate ; that 
about a week afterwards Smith went to the forecastle deck, 
and pointed down just outside, alongside the bowsprit, and 
said the second mate was standing there, and he struck him 
on the head with a capstan-bar, and that he made no noise. 



EXAMINATION OF MRS. EMMA J. PATTERSON. 

Q, (by Mr. Gummings). Are you a married woman ? A. 
lam. 

Q, Who is your husband ? A. William Hanson Patter- 
son. 

Q, Have you ever been on board the " Jefferson Borden "? 
A' I have. 

Q. Were you on the voyage which she took from N'ew 
Orleans to London ? A. 1 was. 

Q. Did you ever see either of the three prisoners in the 
dock before ? A, 1 have seen them all. 

Q. Where ? ^. On board the " Jefferson Borden;" 



EXAMINATION OF MRS. EMMA J. PATTEBSON. 120 

Q. On that voyage ? A, On that voyage from New 
Orleans. 

Q. Do you recollect at any time in the voyage the defend- 
ant Miller's being put in irons ? A. I do, very well. 

Q, What was done with him afterwards, — after he was 
ironed, — immediately after, if you recollect? A. He wa.s 
standing, when I saw him, on the deck with his hands 
raised. 

Q. At the rigging ? A. On the main rigging. 

Q. How was he standing, so far as his feet were con- 
cerned ? A, "With his feet on the deck, — with his hands 
raised. 

Q, When did you see him next? A, I should think it 
might have been five minutes afterwards. 

©. Where was he then? A. He was then standing on the 
rail of the vessel. 

Q. On the twentieth day of April, when did you last see 
the mate of the vessel ? . A, Between the hours of six and 
eight o'clock in the evening. 

Q. Had you seen him during the day ? A, Yes, sir ; sev- 
eral times. 

Q. What were you doings that evening? A, I was reading 
aloud from *' The Life of Father Taylor'^ to my husband in 
the after cabin, and he came in several times during his 
watch on deck and sat down seveml minutes and listened to 
the reading. 

Q, You saw him last about what hour? A. A little before 
eight, I should think. 

Q, What was he doing at that time ? A, Nothing at the 
time he came in and sat down. 

Q. Did you see the second mate during that day ? A. 1 
don't remember when I saw the second mate last ; but the 
last I heard of him was about ten o'clock. 

Q. Did you hear him? A, 1 heard him singing. I was 
about to say I didn't sec him, but, sitting in the after cabin, 
I heard him singing on the quarter deck. 

Q. What time ? A. About ten o'clock in the evening. 

Q. At what time did you go to bed ? A. Very shortly 
after. It was about ten, — not far from that hour. 

Q. Did you ever see either of the mates after the time you 
have mentioned ? A. I never did. 

Q, What time did you go to sleep, if you remember ? A» 
I don't remember. 

Q. You did ffo to sleep ? A. 1 did, very shortly. 

Q. When did you wake up V A. I don't know the hour 
when I was awakened. 

Q. WHatawokd you? A. I was awakened by hearing a 



130 SVIDENOK* 

man i»the after cabin calMng aad saying, *' Captain, go for- 
ward, quick 1 John is hurt, and we thiuK his leg is broken." 
My husband sprang up from his bed saying, ^^ All right I '' 
and started. 

Q. Did you recognize the voice of the man that spoke ? 
A, I didn't know then who it was. I knew it was not either 
of the mates, and it was one of the seamen. I didn't know 
whether it was Miller or Jake. 

Q. Did you ever see any of the men in the after house ? 
A. I never did. When my husband got to the door the same 
voice said again, "Do hurry, for God's sake!" Heai'iu^ 
him make that remark, I recognized it was a seaman instead 
of a mate who should have called him. I cautioned him to 
be careful. He went directly out. When next I saw liim he 
came to the room and was dressing himself. I ssdd, " Who 
called you ?" 

Q. You need not state what was said. A. He shortly 
went out of the room. In a few minutes I followed, after he 
dressed himself and left the room. 

Q. Did you see tbe steward that night ? When did you 
see him last, to the best of }rour recollection, in the evening? 
dd. I don't know what hour in the evening. 

Q. Did you see -him after you and your husband were 
awakened in this manner ? A. After my husband left the 
room I followed and went into the starboard entry. My hus- 
band was there. George Miller was standing very near the 
window to the steward's room when I saw him. I neard him 
say, ** Captain, why don't you go forward ? We are afraid 
the man will die." My hus^nd said, " Where are the 
mates ? " Ue said, " I don't know ; but why don't you go 
forward and attend to that poor man ? " — " Where are the 
UAtes ? Call the steward." My husband called the steward, 
and came out and ordered him forward to see if he could see 
the mates. He soon returned and rcnorted — 

Q, You need not state what he said, unless some noise was 
made that could be heard all over the vessel, or could be 
heand by one of the defendants. Did you hear anv shout ? 
A. When mv husband first left the room, I heard him call- 
ing '•" Mr. J^atterson 1 Mr. Patterson ! " before he came 
hack. 

Q, How loud ? ji. So I heard him very distinctly in mj 
roK^m^ which was la the after part of the house. 

<^. Whore did you go and what did you do? A> 1 re- 
mained in the forward cabin. I cannot tell just when I left 
the rcNMU. I was sometimes in the forwaid cabin and in the 
alier cdU>in in the entries, and v«nt on declc. 

^. Did you fo on deck in f^tont or behind the after house? 



EXAMINATION OF jMRS. EMMA J. PATTERSON. 131 

4. In front of the house, on the main deck. Myliusband 
42ontinued calling for the mates repeatedly. 

Q, Was there any reply ? A. No reply. 

Q, I will ask if you saw any footprints on the floor of thd 
cahin subsequently ? A. 1 did. 1 don't remember at what 
time, but I remember we examined the footprints. 

Q. What were th^y ? A. They were of a person in their 
Btockins: feet, we supposed. \_Ohjected to.] 

Q. What were the footprints? A, They were the foot- 
prints as of a person in their stockings or bare feet. 

Q. You say you donH recall when you saw it : can you fix. 
the time within a day ? A, Yes, sir ; before morning, or at 
the early morning; no earlier than that. 

Q. Before going any further do you recall with reference 
to the 20th, when you last liad seen vessels in sight ? A. 
We last saw vessels on the 19th. 

Q. You recollect when you next saw a vessel ? A. I don't 
know. I know we saw vessels on the 26th, and that before 
that, in the night, there was one seen. I don't know at 
what time. 

Q. Go on and state what occurred on that night, — what 
was done in the cabin that night ? A* The captain ordered 
the steward — 

Q. What did you do ? A. May I tell that the steward was 
ordered down to call the mates ? 

Q. How long was he gone ? A- A very few minutes. I 
don't know how long. He made a report when he came 
back. 

Q. Do you know what time that was ? A, 1 don't. The 
doors were fastened, — the cabin doors, — I think, about an 
hour afterwards. 

Q. Did any person go out of the cabin that night ? A. 
The captain and steward and I went out of the cabin on to 
the quarter deck. 

0. How many times ? ^. I don't know. Several times. 

Q. What was done when they went out, if you know ? 
A. I don't know. 

Q. Did you see anything forward that night ? A. 1 did 
not until daybreak. 

Q. At what hour in the morning? A* I could not tell 
what hour. 

Q. Can you tell within two or three hours ? A. 1 should 
think about four hours earlier. 

Q. In a very general way describe what was done the next 
day, the 21st, on board that vessel ? A, About five o'clock 
in the morning of Wednesd^, I think, while my husband 
WAS getting, his gun in order, I heard him speak. I W93 then 



132 EVIDENCE. 

in the mate's room, keeping watch, looking ont of the 
open window. I was watching to see if the men came 
drt. I heard my husband talking, and went out and found 
he was just taking Henry out of the lazaret from the 
entrance through the aft companion way. I heard him ask 
Henry — 

Q. What was done? A. Both the steward and captain 
went out on the deck. I donU know at what hour. I don't 
remember whether they went out on deck before we got 
IleniY or not. I remember they went out early. I remem- 
ber the steward went out on the starboard side at one time 
with a bolt in his hand. My husband wont out. He called 
on George Miller, on William Smith and on John Glew. He 
called them each separately. 

Q, What did he say ? A. He asked them where were the 
mates. They made no reply. He 'told them to surrender 
themselves. They made no reply. I heard the steward 
ask, "Where are the mates?" I heard Miller say, or 
Smith, I am not positive which, " Oh, yes; you would like 
to know where are the mates." I heard one of them say, 
"The mates are all right"; but to my husband's questions 
I heard no answer. My husband first fired with his double- 
barreled gun from the mate's window. He waited, 1 think. 
He demanded them to surrender again. He told them he 
should have charge of his vessel ; they must surrender. He 
asked a great many times, " Where are the mates? " and no 
answer. I don't remember at what time they commenced 
firing, but I do remember that both my husoand and the 
steward advanced on the port side of the vessel while I kept 
watch on the lee side. At the first I remember that John 
Glew was watching round the comer of the forward house 
round the port side. Miller was on the starboard side and 
Smith looking over the top of the house, about the centre. 
Both my husband and the steward went up and fired on 
the men. I kept watch on the lee side to give the alarm 
should they come round that side and surround them. After 
they had fired several times they ceased, and my husband 
would again say, " Where are the mates ? Will you give 
up the mates? " I remember one time in the forenoon my 
husband went out and talked with them, told them it was no 
use ; it would be better for them to give up. 

Q, Did you hear this ? A. 1 hea^ this. 

Q. Whom did he talk with ? A. He didn't direct his con- 
versation to any one in particular that time. All three cf 
the men were to be seen. He said, " It will -be better for 
you if you give up the mates. I must have eharge of my 
vessel. Kow wtU you give them up? I shan't cease nntil I 



EXAMINATION OF MRS. EMMA J. PATTERSON. 133 

hare the mates." I don't remember all he said at that time, 
but I do remember that he stood there, and talked in that 
manner all along, and j^ot no reply. I once heard Smith say 
after my husband had fared, " Wc will not give up the mates 
until them shots is stopped," and my husband said, ^' These 
shots will be stopped when you give up the mates, and not 
before." We waited. Glew was not to be seen for a short 
time. We waited,' hoping he had gone to release the mates. 
We waited. Glew was not to be seen, but very soon we saw 
him again. 

Q. What did these men do when they were fired at ? A. 
After they had advanced and fired and turned to go back 
to the after house, these men would throw bottles, iron bolts, 
broken parts of grindstone and broken parts of stove. The 
steward was hit several times. I saw my husband hit twice. 

Q. What was he hit with ? A. He was hit with a piece of 
iron and leg of a ^ove in his face, and he put his hand up, 
and came back covered with blood, the blood running down 
his whiskers. He was hit with a bottle, I think, on his 
wrist. In the forenoon I went out on the deck. 

Q. This is Wednesday ? A, This is Wednesday. I went 
out on deck on the port side to talk with the men. 

Q. How far did you advance ? A, 1 went nearly to the 
forward part of the main hatch. I said, " Won't you give 
up ? " I called tliem each by his name, " John Glew, William 
Smith," — we called William Smith " Bill " on the vessel, — 
"George Miller, won't you give up, — give up the mates ? " 
They made me no answer. I stood there and asked them 
many times. No answer. Again, in the afternoon, there 
was firing at intervals ; after they had fired they would wait. 
Towards the latter part of the afternoon, I don't know what 
hour, the weather began to look threatening, and sail was 
being taken in on the vessel. I was keeping watch — the 
wheel was lashed — while my husband, Jake, the steward and 
Henry were taking sails off the after part of the vessel. 
While they were doing this, I wont forward as far as I had 
been in the forenoon. It was raining ; the decks were cov- 
ered with water, I went forward and called " George Mil- 
ler! " He was looking round the port side of the house. I 
stretched out my hands and begged him to give up the mates. 
** Won't you give up the mates V George, will you give up 
the mates ? George, tell Bill Smith to look round the corner 
of the house, I want to speak to him. Where are the mates ? 
Will you give them up? You can stay forward, if you please, 
but give ms the mates. George, will you give us the mates? " 
No answer. After a time John Glew looked round on the port 
side. I called him, " John, won't you give up the niates, for 



134 EVIDENCE. 

my sake?'^ No answer. T called repeatedly for William, 
Smith, but didnH see him at that time. I said, **• Where are 
the mates ; have you killed them?'^ No answer. I asked 
that question many times. My husband came to me and 
asked mo to go into the after liouse. I said, ^^ I cannot go 
until they hayc giyen us the mates. Let me stay here until 
they giyo us the mates." 

Q. Was there anything important that happened that day 
that you hayc not stated? If not, what was done that nighty 
A. I don't remember there was anything done in particular, 
with the exception of watching. 

Q. Did 3'ou go to sleep cither of those nights? A. 
Wednesday night I think I slept between eight and ten; 
Tuesday night not at all ; after we were called I kept watch. 

Q* Gumo to Thursday morning: were you present at the 
time when the men surrendered ? A. 1 was. 

Q, How near ? A. I was in the galleys when my husband 
said they said they would surrender. 

Q. Could you hear what the men said ? A. After they 
surrendered r No, sir ; I then went out on deck. I heard 
my husband question the men, but I did not hear their 
answers. 

Q. State what questions you heard your husband put. A. 
My husband was at the window on the starboard side, and I 
heard him say, ^' Where are the mates ? " I didn't hear the 
answers. 

Q. Could you tell whether there was an answer ? A, Yes, 
sir; but I could not tell the yrords. I could hear a low yoice. 
I then heard him say, '' Who threw them overboard ? " I 
didn't hear the answer to that. I then heard him say, *' Did 
you kill them and throw them overboard ? " and then I went 
into the cabin. I didn't hear any answer to this. The next 
time I saw the men it was half an hour from that time. I 
saw all of them. At this time I am speaking about I saw 
George Miller and William Smith lying side by side. for- 
ward of the forward house. I saw John Glew lying in his 
boith in the forwai'd house in the forecastle. I went out and 
asked George Miller, — I said, '' George, can I do anything 
for you to make you more comfortable V" He looked up and 
said, '' I am cold." Henry Malaheine was in the forecastle. 
I called to him to bring a blanket and cover George. I said, 
'■ Is there anything else I can do for you ? " He said, " No." 
I said, " Bill, what can I do for you r '' He said, " Nothing. 
Let me lay here ; I am loo wicked." I conversed with them 
both, but I don't remember what I said. I told them if 
there was anything I could do I would do it at any time 
willingly. I loojced at the wound on William Smith's wrist* 



EXAMINATION OF MBS. EMMA J. PATTERSON. 135 

I asked my husband if I could assist in dressing their 
wounds. He said he would attend to that. I then went into 
the forecastle and spoke with John Glow. I said, " John, 
what can I do for you ? " lie said he wanted nothing. My 
husband had reported to me that John — He said he wanted 
nothing. I said, " Shall I malve you some gruel ? " Fie said, 
Xo, he only wanted cold water. Henn'^ Malaheine spoke and 
said he wonld give him some water. I then >¥ent aft. This 
was Thursday afternoon. 

Q. Did you ever hear Miller make any statement as to what 
had become of the mates ? A. 1 did. 

Q. When and where? A. Several days afterward— I 
think Saturday — my husband told him to go — 

Q, Did you hear your husband speak to him ? A, I did, 
— to go and stand in the same place the mate did and look the 
same way he was when Miller killed him. He came and 
stood abait the main hatch, nearly amidships, a little towards 
the starboard side ; that is, facing towards the starboard side. 
He said the man stood in that position. He said he was 
secreted on the starboard side of the after house. He said 
the mate had been looking forward and aft into the cabin. 
He said he got down from his position on the starboard side 
of the house and came up towards the mate ; that the mate 
said when he saw him coming, '^ What do you want ? " He 
said he made no reply, but struck him with a piece of iron, — 
felled him to the deck, — and that then William Smith and 
John Glew came aft and helped him pick him up and throw 
him overboard. My husband said, ^' What did you do this 
for ? " He said, *' Well, so far as I am concerned, I fancied 
I had been imposed upon." My husband said, " How have 
you been imposed upon ? " He said, " I have been growled 
at." I said, " Who commenced the growling when we left 
!New Orleans ? " He said, '-' I did." I said, " Had you been 
an officer of a vessel and had a man conduct himself as you 
did when we left New Orleans, what would you have done 
with him?" Miller said he should have stopped him in 
some wav. He told the vessels he had been second mate of. 
I told Miller John Glow had told me he did not assist in 
thro win^^ the mate overboard. Miller said, *' John must tell 
the truth." My husband said, " When did you and Smith 
plan this work?" He said, " I got my erders from Smith 
that night at eight o'clock." He said, '* 1 have been in ves- 
sels wH'ere I have been growled at a great deal worse than I 
have been here, and never thought of doin^ such a thing, 
and should not have thought of it now if I had not been put 
up to it by Bill." He looked up and said, ^^ The mate had 
on a cap like yours, sir," looking at my husband. My hus- 



136 . EVIDENCE. 

band held the iron in his hand and I'alsed it and said, '^ Was 
ihis what you struck the mate with?" He said, '*Yes." 
My husband said, '• What were you going to do with my 
wife ? " He said, ** I don't know', sir." My husband saicT, 
"What were you going to do with the vessel?" He said, 
" We were going to steer the same course you had been 
, steering until we made land ; then we were going to scuttle 
her and take to the boat." My husband said, "Are you a 
navigator ? " [le said he was not. 

Q. Did you look over the wardrobe of the mate subsequent 
to this time ? -4. I did. 

Q. Do you recollect any particular articles that were miss- 
ing ? A, I remember his great coat. 

Q. State anything else that you noticed were missing. A, 
His heavy sea^oat, his heavy searboots and a cap like the 
captain's. I bought this cap and the mate's, and gave it to 
each of them. It was the same cap be had on when Miller 
made the statement. 

Q, Did you hear Miller make any statement at any other 
time than this? A. I don't remember any other general 
statement, although I remember at one time, when I went 
out to the forecastle to see Smith, — it was just after meal 
time ; they were all three together, — I went out to see 
William Smith. I said, " Bill, did John help you and Miller 
throw the mate overboard?" He said, "Yes, he did." 
John said, " I didn't. How can you say such a thing. Bill ? " 
He says, "Oh, yes ; you can talk now. You were just as 
willing to do it as any of us." Smith said when Glew denied 
it, " Oh, yes ; you can talk now, but you were as willing to 
do it as any of us." I said, " Bill, wnat part of the mate's 
body did John take hold of ? " He said, " The legs." My 
husband said to William Smith, " What did you have against 
the second mate ? Did he ever ill-treat you in any manner ? " 
This was at the same time they were all present. He said, 
" No, only once. He sent me up to reeve the topsail sheet 
when the gaft was swinging." I said, " If the second mate 
had been a hard man, and one you stood in iear of, you never 
would have tried to kill him, would you, Bill ? " He said, 
" No." I said, *' How could you do it when the second mate 
thought so much of you and was so thankful when we saved 
you from a watery grave? II ow could you have killed 
liira ? " Fie said, " I don't know how such a thing happened. 
I told Miller just how it would end if ho commenced his 
work." He said Miller was always trying to make trouble 
wherever he was. He was-^ with him in another vessel, and 
he was always making trouble there. I said, " Why did 
you ship with him if you knew him to be a troublesome 



EXAMIKATION OP MES, EMMA J, PATTEESON. 137 

oaaa ? " He said Miller was steady in New Orleans and 
didn't drink, and he thought he was going to do better. 
My husband said to Smith, " What did you intend to do with 
the vessel V " He said he didn't know. Miller says, " What 
is the use of saying you don't know ? Didn't you come and 
call us and say your plans were all made ? It is no use to lie 
about it now. We have done a wicked deed, and we may as 
well oAvn it." 

Q, Did you ever hear him make any statement about the 
second mate ? A. 1 cannot tell whether I heard it or it was 
reported to me. I went to see John Glew. I told him his 
condition, 

Q. What time was this? A. I think this was Saturday," 
before Miller made his statement. 

Qm What did you say to him ? A, 1 told him, as nearly as 
I can remember, that ne had but a short time to live ; that 
his wounds were fatal we considered. 

Q. Did you make any examination of them ? A. 1 went 
out in the first place and carried a Bible. I had previously 
marked some passages to read to him. I read them. I told 
him I thought he could live but a very short time. I tried to 
pray with him. I told him there was hope for him yet. I 
suppose it is not necessary for me to tell the exact language ? 

Q. Tell ift if you remember it; if not, tell the substance of 
it. A, I told him he would live but a short time. God was 
aX)le to foigive his sins however dark they were, and tried to 
prjw with him. After I had talked with him in this manner, 

— 1 don't remember that he made any response at that time, 

— I asked him if he would like to tell me all he knew about 
the murder of the mates and this mutiny, and he said, 
"Tes.'^ He said as nearly as he could remember, or as 
nearly as he toew, between the liours of ten and eleven, 
while he was asleep in his berth, he was called to the door or 
the forecastle by William Smith, who told him when he got 
there that he and Miller were that night going to kill the 
captain and the officers and take charge of the vessel, and 
that he had ^ot to help at the work. John said that he 
answered Wilham Smith and said, '' I can't ; it is not in my 
power." He said tliat Bill then said, " If you don't we will 
serve you the same as the rest." He said he then replied, 
"Well, I suppose, 1 shall liave to." I said, "Where were 
you standing when the captain went on deck ? " He said 
he was standing abaft the forward house. I said, "What 
did you have in your hand ? " He said, " I had a capstan- 
bar, that was all." I said, " iud you help throw the mate 
overboard ? " He said he did not. I said, " Was that the 
first you eyer knew of it ? " He said, Yes, but that Bill 



138 EVIDENCE. 

told him that night, while he was talking with him at the 
door, he had heen planning to do it all the passage, because 
he had had so much work to do, and had been kept up in Ms 
watches. I said, "Did you and Miller talk about this?" 
lie said, " I have not had any talk with Miller since we had 
a row about who should sweep the forecastle." I said, " You 
and George and Bill were talking together at eight o'clock, 
were you not V " lie said, " Well, we were not talking about 
that ; the second mate was standing near us." I asked him 
if he had a mother, and he said he had. I said, '* Shall I 
write to her? " He said, " No ; I don't want her to know 
anything about it." I told him anything I could do for him 
at any time I would do it ; to let me know b^ the boy, 
Henry, and I was willing at any time to help him in any 
manner. I looked at his wound. I do not remember whether 
it was at that time, but I think it was. I was surprised to see 
that it did not look inflamed. I afterwards visited him. I 
examined him as best I could and looked at his tongue ; it 
was never coated but slightly ; his flesh was never feverish. 
I visited him four or five times. 

Q. How was his appetite ? A, 1 asked about his appetite, 
and he said he had a good appetite. I made gruel at different 
times and sent by the stevrard and carried it myself. I never 
assisted in dressing their wounds. My husband attended to 
that ; 1 got the bandages only. 

Q. Was this conversation that you detailed before or after 
you examined his wounds ? A. t think the conversation was 
before. I am not positive. 

Q. Where was the point on the deck where Miller said the 
mate was struck down ? A. Abaft the main hatch, neailv 
amidships. ^ 

Q. When did you notice that spot first? A. 1 don't 
remember of noticing it particularly until Miller came there. 

Q, Did you pass that spot on the day of Wednesday, do 
you recollect ? A, Yes, sir. 

Q. Did you notice anything pectiliar about it ? A. 1 did 
not. 

Q. How were the decks that day? A, There was con- 
siderable water on deck through Wednesday and through 
Tuesday night. The seas were washing over the vessel. 

Q. (by 3Ir. Field). How long have you sailed the seas? 
A. I have crossed the Atlantic sixteen times. I have been 
going to sea the greater part of the time since June, 1867. 

Q. You never saw Glcw until this voyage ? A. Ko, sir. 

Q. Did you see much of him ? This was about forty-seven 
days from the time you left Kew Orleans. Were your habits 
such you were accustomed to see the crew ? :A. I saw less 



EXAMINATION OF MBS. EMMA J. PATTERSON. 139 

of this crew than I generally had oa account of the severity 
of the weather. I saw considerable of John Glew, and con- 
versed with him at different times. 

Q, I am speaking of your observation of him before the 
20th. What sort of a sailor was he ? A, Not very good, if - 
1 am a judge. 

Q. What sort of a man in reference to being noisy and 
quarrelsome, or not ? A, 1 don't know much about that. I 
wais in the after cabin so much of the time. 

Q, Did you ever know of his liaving a quarrel with any one 
seriously on board vessel ? A. 1 knew his misconduct at the 
time Miller was put in irons. 

Q. Did you see that ? ^. I saw some of that. 

Q, Was he or not, as far as you observed, a quarrelsome, 
fighting sailor, or not ? ul. I sliould not say he was a fighting 
sailor. i 

Q. Was he a quarrelsome sailor ? A. Bather fault finding, 
I should say. I don't know much about that. The most I 
saw of him would be when he was at the wheel and I went to 
speak with him. 

Q. Do you know any misconduct of his except that you 
referred to when Miller was put in irons? A. No, sir; I 
don't. 

Q. Did Glew tell you where his parents lived ? JL. Near 
Calais. 

Q. Did he tell you whether he had a father and mother ? 
A> He told me he had a mother. I asked him if he had a 
father and mother. He said a mother. 

Q, Did he say whether he had brothers and sisters ? A» 
No, sir. 

Q. So far as you know has he relatives or friends this side 
of the Atlantic Ocean, or anybody who knows anything about 
him? A, So far as I know he has not. 

Q. I suppose you find some difficulty to remember exactly 
what was said .on any occasion, — the exact words of it, — 
don't you ? A, Part of it I remember very vividly. A great 
deal I presume I do not. 

Q, The conversation you would find it somewhat difficult 
to give in the exact words after this time? A. Very likely 1 
might. I give it to the best of my recollection. 

Q, It has be^Q a matter of frequent conversation with you 
and others ? -d.. I have conversed about it : yes, sir. 

Q, You have heard others say what they have heard about 
it ? A, 1 presume they have told me. I have talked with 
others. 

Q. It would be somewhat difficult, if you were going to tell 
everything you heard said, to tell exactly what was said by 




140 ETIDEKCE. 

any one person and who said it ? A, Some of the conyersa- 
tions it would be difiScult for me to remember, peiiiaps, 
exactly. 

Q. (by Mr. SennoU), The weather was very severe, you 
just observed ? A. Yes, sir. 

Q. How long did the severity of the weather continue? 
A. We had a great deal of severe weather in March and 
from the 1st of April. 

Q. To the 16th it was very severe the greater part of the 
time ? A. Yes, sir. 

Q. It W2\gi extraordinarily bad ? A, Yes, sir. 

Q. Of course that enhanced the difficult of working the 
vessel ? A. It must, of course. 

Q. When the vessel left New Orleans were you on board 
at that time, or did you go down in another vessel and go on 
board ? A. 1 left New Orleans in the vessel. 

Q, Did the captain leave with you ? A. He did. 

Q. Were your apartments in good order, so they didn't 
ship much water, or did you find water even in your own 
room a ,good deal of the time ? , A. I found water in the 
cabin. During tlie heavy gales the water came in. 

Q. So you were obliged at times to help them bail it out ? 
A. I did so. 

Q. I suppose, now, if the ship hadn't been rather ahort- 
handed, the ladies would not have had to do that ? A, 1 never 
knew a sailor to go into the cabin to bail it out. It is the 
steward's duty. I did that because I didn't like to speak to 
the steward. When my husband was on deck with the rest 
of the men I did that myself rather than c^l the steward. 

Q, You supplied the labor that was wanting because he 
was not there ? A. The labor was there. It was the stew- 
's duty. 

Q, You thought he had enough to do, taking the weather 
into consideration? A. No more than all stewards. 

Q. You have been at sea seven or eight years ? A. More 
than half the time since June, 1867. 

Q. Do you know whether the vessel when it went down 
was exactly in the condition it should be ? A. 1 supposed it 
was. I always trust that to my husband. 

0. You left that to him ? Ji. Yes, sir. 

O, You made no remarks about what didn't concern you 
and him in your immediate place ? A, No, sir. 

Q, You didn't criticise the appointments and equipments 
of the vessel forward much ? A* Not at all, sir. I didn't 
know anything about that. 

Q. (by Mr. Sanger), You were asked as to whether yon 
had conversed with various parties in reference to it and 



EXAMINATIONS OF FROST AND OTHERS. 141 

heard their Btatements. Then you were asked whether you 
C9uld distinguish, when you made statements^ what you 
heard from different people. I want to know whether that 
has any reference to the conversations you have testified to 
here ? A, Not in the least. I understood the gentleman to 
refer to persons outside of this altogether, — with friends I 
Have in the vicinity of Boston. 



EXAMINATION OF WILLIAM S. FROST. 

William S. Frost testified that he was registrar of the 
Boston Custom House, and as to the course of business in his 
office in regard to copies of enrolment, in regard to the reg- 
istering of vessels, and produced a copy of the registry of 
the '* Jefferson Borden,'' entered in due course of business 
in a Custom House record-book, which was admitted in evi- 
dence and read to the jury. 



EXAMINATION OF RICHARD M. HODGES. 

Bichard M. Hodges testified that he had been a physician 
and surgeon for twenty-five years ; that a person stunned 
by a blow on the head and thrown in the water would sink, 
and would not rise again until decomposition took place, 
which would be more than a day thereafter. 



EXAMINATION OF WILLIAM L. RICHARDSON. 

William L. Bichardson testified that he had been a physi- 
cian for eight years with some experience in surgery ; that a 
person completely stunned by a blow upon the head and 
thrown in the water would sink immediately head first, and 
would not rise again until decomposition took place. 



I 



J 



^AMQMU) 

Tht Jtllir*»i Borrtwi mutiny 



o 6106 044 158 561