to heave to, and he called to his brother-in-law, that all the English were dead. I hailed by his order in Portuguese, and told them all the English were dead. I saw Lieutenant Stupart and Serva's brother-in-law on board the Echo. The schooner then sailed on, and fired another gun into the bows of the brigantine. Serva gave the order. When Serva found the brigantine did not heave to, he ordered the schooner to be put about, and sailed away. Serva said, that as he had taken the Felicidade from the Englishmen she was his. The witness then proceeded to narrate their capture by the Star, and the information he gave to her commander.

Emanuel François Rosaigre, a black, servant to Serva, corroborated the evidence of Cerquiera in most particulars. He said that the noise of the scuffle on deck lasted half an hour good, or three quarters of an hour. He testified to the presence of all the prisoners, except Dos Santos and the two Antonios.

The examination of the witness Cerquiera lasted five hours and a half.

The trial was resumed on Friday; the first witness examined was Sobrino da Costa, a black slave; he said I was born in the interior of Africa, and was free there, but I was taken and sold as a slave when a little lad, and sent to Bahia, where I was a slave to Juan da Costa. In the beginning of this year I went in a ship to the African coast, in a French bark, with a French captain. In Africa I went on board the vessel that was taken. I was in a brigantine where the prisoners were; I was a barber on board. When the vessel was taken I was in the forecastle, and as there

were slaves on board, I got in among them when the boats boarded us. I myself afterwards came on deck from among the slaves. I was taken in the night to the Felicidade. In the morning all the prisoners, except Majaval and Serva, were in the forecastle with me in the Felicidade. They were Jose Alves, Ribiero, Francisco, Martinos, Joaquim, dos Santos, and the two Antonios. I did not see Cerquiera till all the noise was over. While we were in the forecastle, Majaval came three times to the hatchway. He called down, "Get ready to kill the English sailors," each time that he came. I heard Alves and Francisco speak to each other in the forecastle. They said, "Let us rise." They were getting ready their knives. They said to me, "Get ready, or we will kill you as well." Ribiero said "No." I said, "Leave those things alone, for we shall be taken by the English cruizers." Ribiero said, "Listen to the black man, hear what he says, it is a sad case." The others said, "You are a fearful person and a coward," to Ribiero. They kept talking to Ribiero; at last he said, When you are ready, I will go." Francisco spoke, and said to me, If you don't go, I will kill you with a knife." He then gave me a knife. I said then, "If this is the case, when you go I will go too." All the sailors had knives. They put their knives in their belts, and then took their shirts out and dropped them over their knives, to hide them away. Serva came to the hatchway, and said, "Get ready." He came a second time, and said, "Come up." They went up, all of them, the instant Serva called to them. I remained below while they went up, because

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I was afraid of being killed. After they had gone up I heard their feet, a sound of feet on deck. I saw Ribiero come down with his head broken. He gave me a bag to take a shirt from to tie round his head. I went on deck after a while, and I saw blood there. All the prisoners were on deck except Ribiero. There was not one Englishman on deck. There were Englishmen on board when I was brought on board the night before. Englishmen put us below, and put a sentry over the main hatchway. I saw the sentry at the hatchway in the morning, and the prisoners were asking him to let them come up one by one to smoke; and he allowed them to come one by one and light their cigars. There was blood on the deck when I came up. The crew were heaving the Englishmen's clothes overboard. Alves, Martinos, and Francisco were wounded in the head. Serva was walking the deck, and I heard him say, Fire upon the brigantine." He said, also, "Heave all the clothes overboard." Clothes, hats, buttons, and thread were thrown overboard. After firing, we sailed away, I heard them say, "to Rio Janeiro." A flag was hoisted; it appeared like a Brazilian flag. When we were sailing, Captain Serva gave orders. He had a book, and said, "I do not understand how to steer by this book." The vessel was taken by the Star on the first day after the murder.

Thomas Lethbridge.-I am corporal of the marines, and in March was aboard the Star. On the 6th, we were returning from Prince's Island to Lagos, and fell in with a vessel, which we chased. We came up at four o'clock in the morning, and I went aboard with Lieutenant Etheridge and some men;

she was the Felicidade.

When we went on board there was no one on deck; the crew were concealed below. All the prisoners were on board, and Cerquiera, Rosaigre, and Sobrino. There were others on board. The crew called the vessel the Virginia. I searched for papers, and found in the after-cabin a volume of the Cabinet Cyclopædia on astronomy, with the name "R. D. Stupart." The book produced is the same. I found some duck bags, such as are used in Her Majesty's service, containing flannel, duck, and serge, such as are used in the service. I found also a pair of hammock clews, and a fishing line with the Government mark on it, a blue serge shirt marked 40, a ship's number. On going below, I found several stains of blood on the slave deck. There was a boat's anchor there marked with the broad arrow, and also a boat's awning stanchion, and a hand-lead and line (he produced the clews, fishing line, one of the bags, and the shirt). I showed the anchor to Thomas Wood. Prisoners were removed on board the Star. Ribiero, Francisco, Alves, and Martinos were wounded on the forehead; their heads were tied up. They said a spar had fallen, and wounded them.

Cross-examined.-The wounds appeared to have been the "seventh cut" of a sabre. The wounds were nearly all alike. They all seemed to have been made by a sharp cutting instru

ment.

By Mr. Collier.-There were eight other men; six were discharged by the Commander, after evidence.

By the Judge. I saw no bruise, on their heads. The hair was not cut off, and there did not seem to

be any swelling. They appeared to be clean cut by some sharp in

strument.

Lieutenant John Wilson, R.N. -In the month of March I belonged to the Star, Commander Dunlop, which was employed in the suppression of the slave trade. We were cruizing on the African coast. On the 6th, we chased a vessel, which proved to be the Felicidade. I boarded her to take her to Sierra Leone. She was fitted for the slave trade. The crew gave the name Virginia. I went towards Sierra Leone. On the 16th, we encountered a squall, and the vessel was capsized. We made a raft, and remained on it twenty days, during which five died. The Cygnet picked us up, and took us to the Wasp, from which we were brought home by the Rapid. There were doubloons and other foreign money on board, in belts, one of which was saturated with blood. There was some English money loose.

Cross-examined. The belts were in my possession till the vessel went down.

The convention between this country and the Emperor of the Brazils was put in, whereby it was declared, that any subject of that country carrying on the slave trade should be considered a pirate.

Mr. Manning then submitted there was no case to go to the jury. In the first place this Court had no jurisdiction, as the transaction took place in a foreign ship, and the parties were not within the peace of our Lady the Queen. An offence of this kind committed by a foreigner in a foreign ship on the high seas was not cognizable in our courts. The Felicidade was not legally taken, and the men were not in legal custody, as they

were not carrying on the slave trade, the Felicidade having no slaves on board, and therefore the prisoners had a right to endeavour to escape, and were justified in any act they might have committed. These men were not bound by the laws of any country of which laws they were not cog

nizant.

Mr. Collier followed in the same line of argument.

Mr. Godson, Mr. Cockburn, Mr. Hayward, and Mr. Poulden, were heard against the objection.

Mr. Serjeant Manning and Mr. Collier having replied,

Mr. Baron Platt said that he laid under very great obligation to the learned counsel who had brought so much learning to bear upon the two points which had been raised, and which had been greater than he had ever before known. It had enlightened his mind, and had given him great satisfaction in being able to come to a conclusion. He had no doubt at all as to the jurisdiction of the Court. It was said that the Felicidade was not legally taken. The sea was the highway of nations, and all rovers, and thieves, and pirates who infested that highway were liable to punishment, as much as highway robbers were on land. They were the enemies of all nations; they might be hunted down by any nation whose flag might have power to overcome and take them, for the highway of the sea received a concurrent dominion from every country on the earth. Every country's ship might seize an enemy of this character. Who had taken this vessel? Her Majesty the Queen of England, through the instrumentality of her officers :-if those officers had done wrong, the Government was responsible. It

appeared to him that the objections taken by his learned brother could not prevail. He had no doubt with regard to the jurisdiction, nor of the legality of the taking and detention; and if it had been illegal, it would not reduce the offence below the crime of murder.

Mr. Serjeant Manning trusted his lordship would think the ob jection of sufficient moment to obtain for the prisoners the united opinion of the Judges of the land. Mr. Baron Platt did not think it right to allow the public to suppose there was any doubt upon the subject.

Mr. Serjeant Manning and Mr. Collier then addressed the jury at considerable length on behalf of the prisoners.

Mr. Godson having replied on the part of the Crown,

Mr. Baron Platt summed up, stating it to be his opinion that the Felicidade was in the legal custody of the Queen's officers, and that the prisoners were also in legal custody; and any persons killing the officer or his men were guilty of murder. If they were satisfied that these prisoners conspired together to slay the Englishmen on board, they being then beyond all question in the peace of the Queen,-if they conspired together to carry out that wicked design, and any one of them gave a mortal wound, all those who conspired together and joined in assisting him, every one of those were undoubtedly guilty, although his hand might not have inflicted the blow. The scales of justice were placed in their hands, their duty would be to balance them, to look at the evidence dispassionately, without favour or fear, and if they found that the scale in which the measure of guilt was

placed was so heavy as to make the beam preponderate, it would be their duty to return a verdict of guilty against those who had been proved to have been engaged in the affray; if the scales were even, they would give the prisoners the benefit of it; if the balance were the other way, of course the prisoners would be entitled to an acquittal. It was said that the lives of the prisoners depended on their breath; let them not forget those who had been sacrificed. They would weigh the evidence as it regarded each individual prisoner, and pronounce that verdict which their consciences dictated.

The Jury retired for an hour, and then re-entered the Court amidst the most profound silence, and returned a verdict of "Guilty against Majaval, Serva, Alves, Ribiero, Francisco, Martinos, and Joaquim; and "Not Guilty" as regarded Dos Santos, Manuel and Jose Antonio.

His Lordship then, in the most impressive manner, passed sentence of death upon the seven prisoners who had been convicted.

Mr. Serjeant Manning again pressed that his objections might be reserved for the opinion of the Judges.

Mr. Baron Platt said, he would consult his brother Erle, but he would not pledge himself further, as his opinion was very strong upon the point.

Upon consultation with Mr. Justice Erle, Mr. Baron Platt reserved the points urged by Mr Serjeant Manning for the prison