The Panda was now warped out of the river and anchored off the negro town of Cape Lopez. Negociations were now entered into for the surrender of the pirates. An officer was accordingly sent on shore to have an interview with the king. He was met on the beach by an ebony chief calling himself duke. "We followed the duke through the extensive and straggling place, frequently buried up to the ankles in sand, from which the vegetation was worn by the constant passing and repassing of the inhabitants. We arrived at a large folding door placed in a high bamboo and palm tree fence, which inclosed the king's establishment, ornamented on our right by two old honeycombed guns, which, although dismounted, were probably, according to the practice of the coast, occasionally fired to attract the attention of passing vessels, and to imply that slaves were to be procured. On the left of the enclosure was a shed, with a large ship's bell suspended beneath, serving as an alarum bell in case of danger, while the remainder was occupied with neatly built huts, inhabited by the numerous wives of the king.
"We sent in to notify him of our arrival; he sent word out that we might remain outside until it suited his convenience. But as such an arrangement did not suit ours, we immediately entered, and found sitting at a table the king. He was a tall, muscular, ugly looking negro, about fifty years of age. We explained the object of our visit, which was to demand the surrender of the white men, who were now concealed in the town, and for permission to pass up the river in pursuit of those who had gone up that way. He now expressed the most violent indignation at our presumption in demanding the pirates, and the interview was broken off by his refusing to deliver up a single man."
We will now return to the pirates. While at Prince's Island, Capt. Gilbert bought a magnificent dressing case worth nearly a thousand dollars and a patent lever watch, and a quantity of tobacco, and provisions, and two valuable cloth coats, some Guinea cloth and black and green paint. The paint, cloth and coats were intended as presents for the African king at Cape Lopez. These articles were all bought with the money taken from the Mexican. After arriving at the Nazareth, $4000 were taken from the trunk, and buried in the yard of a negro prince. Four of the pirates then went to Cape Lopez for $11,000, which had been buried there. Boyga, Castillo, Guzman, and the "State's Evidence," Ferez, were the ones who went. Ferez took the bags out, and the others counted the money; great haste was made as the musquitoes were biting intolerably. $5000 were buried for the captain in canvas bags about two feet deep, part of the money was carried to Nazareth, and from there carried into the mountains and there buried. A consultation was held by Capt. Gilbert, De Soto, and Ruiz, and the latter said, if the money was not divided, "there would be the devil to pay." The money was now divided in a dark room and a lantern used; Capt. Gilbert sat on the floor with the money at his side. He gave the mate about $3000, and the other officers $1000, each; and the crew from $300 to $500, each. The third mate having fled, the captain sent him $1000, and Ruiz carried it to him. When the money was first taken from the Mexican, it was spread out on the companion way and examined to see if there was any gold amongst it; and then put into bags made of dark coarse linen; the boxes were then thrown overboard. After the division of the money the pirates secreted themselves in the woods behind Cape Lopez. Perez and four others procured a boat, and started for Fernando Po; they put their money in the bottom of the boat for ballast, but was thrown overboard, near a rock and afterwards recovered by divers; this was done to prevent detection. The captain, mate, and carpenter had a conversation respecting the attempt of the latter, to blow her up, who could not account for the circumstance, that an explosion had not taken place; they told him he ought to have burst a barrel of powder over the deck and down the stairs to the magazine, loaded a gun, tied a fish line to the lock and pulled it when he came off in the canoe.
The Panda being manned by Capt. Trotter and an English crew, commenced firing on the town of Cape Lopez, but after firing several shots, a spark communicated with the magazine and she blew up. Several men were killed, and Captain Trotter and the others thrown into the water, when he was made prisoner with several of his crew, by the King, and it required considerable negociations to get them free.
The pirates having gone up the river, an expedition was now equipped to take them if possible. The long-boat and pinnace were instantly armed, and victualled for several weeks, a brass gun was mounted on the bows of each, and awnings fixed up to protect the crew from the extreme heat of the sun by day, and the heavy dews at nightfall. As the sea-breeze and the flood-tide set in, the boats again started and proceeded up the river. It was ascertained the war-canoes were beyond where the Panda was first taken; for fear of an ambuscade great caution was observed in proceeding. "As we approached a point, a single native was observed standing near a hut erected near the river, who, as we approached, beckoned, and called for us to land. We endeavored to do so, but fortunately the water was too shallow to approach near enough.
"We had hardly steered about for the channel, when the man suddenly rushed into the bushes and disappeared. We got into the channel, and continued some time in deep water, but this suddenly shoaled, and the boats grounded near a mangrove, just as we came in sight of a village. Our crew jumped out, and commenced tracking the boat over the sand, and while thus employed, I observed by means of my glass, a crowd of natives, and some of the pirates running down the other side of a low point, apparently with the intention of giving us battle, as they were all armed with spears and muskets."
The men had just succeeded in drawing the boats into deep water, when a great number of canoes were observed coming round the point, and at the same instant another large party running down to launch; some more on the beach, when they joined those already afloat, in all made above twenty-eight canoes, and about one hundred and fifty men. Having collected all their forces, with loud whooping and encouraging shouts to one another, they led towards us with great celerity.
We prepared instantly for battle; the awnings were got down to allow room to use the cutlasses and to load the muskets. The brass guns were loaded with grape shot. They now approached uttering terrific yells, and paddling with all speed. On board the canoes the pirates were loading the guns and encouraging the natives. Bernardo de Soto and Francisco Ruiz were conspicuous, in manoeuvring the negro boats for battle, and commenced a straggling fire upon the English boats. In them all was still, each man had a cutlass by his side, and a loaded musket in his hand. On arriving within pistol-shot a well directed fire was poured into them, seconded by a discharge of the three pounders; many of the balls took effect, and two of the canoes were sunk. A brisk fire was kept up on both sides; a great number of the negroes were killed, and a few of the pirates; the English loss was small. The negroes now became panic-struck, and some paddled towards the shore, others jumped overboard and swam; the sharks caught several. Captain Gilbert and De Soto were now caught, together with five of the crew; Ruiz and the rest escaped to a village, some ways inland, and with the aid of a telescope it was perceived the negroes were rapidly gathering to renew the combat, urged on by Ruiz and the other pirates; after dislodging them from this village, negociations were entered into by the king of Cape Lopez, who surrendered Ruiz and several men to Captain Trotter. They were carried in the brig Curlew to Fernando Po, and after an examination, were put in irons and conveyed to England, and there put on board the British gun-brig Savage, and arrived in the harbor of Salem on the 26th August, 1834. Her commander, Lieut. Loney, waited upon the authorities of Salem, and after the usual formalities, surrendered the prisoners into their hands—stating that the British Government waived their right to try and punish the prisoners, in favor of the United States, against whom the principal offence had been committed. The pirates were landed at Crowningshield wharf, and taken from thence in carriages to the Town hall; twelve of them, handcuffed in pairs, took their places at the bar. They were all young and middle-aged, the oldest was not over forty. Physiognomically, they were not uncommonly ill looking, in general, although there were exceptio
ns, and they were all clean and wholesome in their appearance. They were now removed to Boston and confined in prison, where one of them, named Manuel Delgarno cut his throat with a piece of glass, thus verifying the old proverb, that those born to be hung, will never be drown'd!
On the 11th of November, Don Pedro Gilbert, Captain, Don Bernardo de Soto, Mate, Francisco Ruiz, Carpenter, Nicola Costa, Cabin-boy, aged 15, Antonio Ferrer, Cook, and Manuel Boyga, Domingo de Guzman, an Indian, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velasquez, and Juan Montenegro, alias Jose Basilio de Castro, were arraigned before the Circuit Court of the United States, charged with the crime of Piracy. Joseph Perez appeared as State's evidence, and two Portuguese sailors who were shipped on board the Panda at Prince's Island, as witnesses. After a jury was empannelled, Mr. Dunlap, the District Attorney, rose and said—"This is a solemn, and also an unusual scene. Here are twelve men, strangers to our country and to our language, indicted for a heinous offence, and now before you for life or death. They are indicted for a daring crime, and a flagrant violation of the laws, not only of this, but of every other civilized people." He then gave an outline of the commission of the robbery of the Mexican. Numerous witnesses were examined, amongst whom were the captain, mate, and several seamen of the Mexican, who recognized several of the pirates as being the individuals who maltreated them, and took the specie. When Thomas Fuller, one of the crew of the Mexican was called upon to identify Ruiz, he went up to him and struck him a violent blow on the shoulder. Ruiz immediately started up, and with violent gesticulations protested against such conduct, and was joined by his companions. The Court reprimanded the witness severely. The trial occupied fourteen days. The counsel for the prisoners were David L. Child, Esq., and George Hillard, Esq., who defended them with great ability. Mr. Child brought to the cause his untiring zeal, his various and profound learning; and exhibited a labour, and desperation which showed that he was fully conscious of the weight of the load—the dead lift—he had undertaken to carry. Mr. Hillard concluded his argument, by making an eloquent and affecting appeal to the jury in behalf of the boy Costa and Antonio Ferrer, the cook, and alluded to the circumstance of Bernardo de Soto having rescued the lives of 70 individuals on board the American ship Minerva, whilst on a voyage from Philadelphia to Havana, when captain of the brig Leon.
If, gentlemen, said he, you deem with me, that the crew of the Panda, (supposing her to have robbed the Mexican,) were merely servants of the captain, you cannot convict them. But if you do not agree with me, then all that remains for me to do, is to address a few words to you in the way of mercy. It does not seem to me that the good of society requires the death of all these men, the sacrifice of such a hecatomb of human victims, or that the sword of the law should fall till it is clogged with massacre. Antonio Ferrer is plainly but a servant. He is set down as a free black in the ship's papers, but that is no proof that he is free. Were he a slave, he would in all probability be represented as free, and this for obvious reasons. He is in all probability a slave, and a native African, as the tattooing on his face proves beyond a doubt. At any rate, he is but a servant. Now will you make misfortune pay the penalty of guilt? Do not, I entreat you, lightly condemn this man to death. Do not throw him in to make up the dozen. The regard for human life is one of the most prominent proofs of a civilized state of society. The Sultan of Turkey may place women in sacks and throw them into the Bosphorus, without exciting more than an hour's additional conversation at Constantinople. But in our country it is different. You well remember the excitement produced by the abduction and death of a single individual; the convulsions which ensued, the effect of which will long be felt in our political institutions. You will ever find that the more a nation becomes civilized, the greater becomes the regard for human life. There is in the eye, the form, and heaven-directed countenance of man, something holy, that forbids he should be rudely touched.
The instinct of life is great. The light of the sun even in chains, is pleasant; and life, though supported but by the damp exhalations of a dungeon, is desirable. Often, too, we cling with added tenacity to life in proportion as we are deprived of all that makes existence to be coveted.
"The weariest and most loathed worldly life.
That age, ache, penury and imprisonment
Can lay on Nature, is a Paradise
To that we fear of Death."
Death is a fearful thing. The mere mention of it sometimes blanches the cheek, and sends the fearful blood to the heart. It is a solemn thing to break into the "bloody house of life." Do not, because this man is but an African, imagine that his existence is valueless. He is no drift weed on the ocean of life. There are in his bosom the same social sympathies that animate our own. He has nerves to feel pain, and a heart to throb with human affections, even as you have. His life, to establish the law, or to further the ends of justice, is not required. Taken, it is to us of no value; given to him, it is above the price of rubies.
And Costa, the cabin boy, only fifteen years of age when this crime was committed—shall he die? Shall the sword fall upon his neck? Some of you are advanced in years—you may have children. Suppose the news had reached you, that your son was under trial for his life, in a foreign country—(and every cabin boy who leaves this port may be placed in the situation of this prisoner,)—suppose you were told that he had been executed, because his captain and officers had violated the laws of a distant land; what would be your feelings? I cannot tell, but I believe the feelings of all of you would be the same, and that you would exclaim, with the Hebrew, "My son! my son! would to God I had died for thee." This boy has a father; let the form of that father rise up before you, and plead in your hearts for his offspring. Perhaps he has a mother, and a home. Think of the lengthened shadow that must have been cast over that home by his absence. Think of his mother, during those hours of wretchedness, when she has felt hope darkening into disappointment, next into anxiety, and from anxiety into despair. How often may she have stretched forth her hands in supplication, and asked, even the winds of heaven, to bring her tidings of him who was away? Let the supplications of that mother touch your hearts, and shield their object from the law.
After a luminous charge by Judge Story, the jury retired to agree upon their verdict, and at 9 o'clock the next morning came in with their verdict.
Clerk. Gentlemen of the Jury, have you agreed upon your verdict?
Jury. We have.
Clerk. Who shall speak for you?
Jury. Our foreman.
The prisoners were then directed severally to rise as soon as called, and receive the verdict of the jury. The Captain, Pedro Gilbert, was the first named. He arose, raised his hand, and regarded the jury with a firm countenance and steady eye.
Clerk. Jurors look upon the prisoner; prisoner look upon the jurors. How say you, Gentlemen, is the prisoner at the bar, Pedro Gilbert, guilty or not guilty?
Foreman. GUILTY.
The same verdict was pronounced against De Soto (the mate) Ruiz, (the carpenter,) Boyga, Castillo, Garcia and Montenegro. But Costa, (the cabin-boy,) Ferrer (the negro,) Guzman, Portana, and Velasquez, were declared NOT GUILTY.
After having declared the verdict of the Jury, the Foreman read to the Court the following recommendation to mercy:
"The sympathies of the Jury have been strongly moved in behalf of Bernardo de Soto, on account of his generous, noble and self-sacrificing conduct in saving the lives of more than 70 human beings, constituting the passengers and crew of the ship Minerva; and they desire that his case should be presented to the merciful consideration of the Government."
Judge Story replied that the wish of the jury would certainly be complied with both by the Court and the prosecuting officer.
"The appearance and demeanor of Captain Gilbert are the same as when we first saw him; his eye is undimmed, and decision and command yet sit upon his features. We did not discern the slightest alteration of color or countenance when the verdict of the jury was communicated to
him; he merely slightly bowed and resumed his seat. With De Soto the case was different. He is much altered; has become thinner, and his countenance this morning was expressive of the deepest despondency. When informed of the contents of the paper read by the foreman of the jury, he appeared much affected, and while being removed from the Court, covered his face with his handkerchief."
The Pirates Own Book Page 12
