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'-^ ■ •' ■ ' ' •,'■■■/ WHO WBT.E TRIED ' AT HAUFAX, N. S. NOV. 15tli, ISO^t; ^ -■s^^ FOR Tlie* 'lIORtllD. CRIME. ^F : • '•"v ,.' i. ^' '■ V- ■■ '■• • /,'■. '*. . . •,■ ■■ ..L •>'■'■ • - Piracy AND murdbp^ COMlMlTl'KD ONBOARD The SCHOONER THREE SISTERS, CAPTAIN JOHN stairs;^ ON THEIR i:,';# :-t. PASSAGE FROM PERCE, TO IL^LIFAX../. WITH A PARTICVTAR ACCOUrr OP THE EXiXUTION , OF •. SAa»;'*: JORDAN. BOSTON : PRINTED NO. 7,% STATE STREET, 4 ■iir..!--.' •' ^'OR SALE THERE, AND AT NO. 52 ORANGJi .STREl-*r, PRICE 20 CENTS SINC1,E> 160tER UOTIEN. ps I •W«4 .■■J St ' 'A 15' . -. V, /:•■ •>• A V ' V Va.*» ../•"-• ' V( .,. •. v-^iip-;- ; •..'•'•V. \ ■< . Vr'sj / » y ■-•^'v.-aj' ^ B»' '~.\ <■. v>> v. I v/:i •T." .. ),, ^XS'JV -.■4 < . . •;f ■-.'■>;. ■ 1 •, ■■':»-4'*^.' t V.''; '•i • ;■': -f < # - • < ; TRIAL* OF ' * * t •- ** -'■■■.' * ■■■;■,/•■. JORDAN, &c, — ■♦ t . r ' V-.. ■». .- •■*'v:.--\: -\>f ■ -»» t .4 "* r ' ■On Wednesday last a special Court of Admiralty, con- ^r"- vened under the Senate of the i ith and 1 2th of \ViU>>^^ ' . liam and Mary, was held at the Court-House in HalU ,1-. /.^ fax, for the Trial of ED WARD JORDAN, and MAR- ;<%: , , GARET his wife, charged with the crimes of Piracy^ ^'^ . '" and Murder. >^The Court consisted oi the folio win^'f^*;;J^ . , jnembers : - ''■■■ty.rM: HIS EXCELLENCY %'-l^^f^ Sir George' Prevost, Baronet, Lieutenant Governor and Commander in Chief in and ''?^^ over his Majesty s Province of Nova Scotia, and its ;^^ ' Dependencies, ic. t^c &c. ■ '^ ' Ji'^ >^ :»|/' " ' -~Presidentt The Right Honorable ' Sir John Boriase' Warren, B. k. b. & k. c. ''^f't'"^ 'If. /v. •}•» . One of the King's Most Honorable Privy Council for thc^ .^ , "■■■ Kingdom of Great-Britain, Vice Admiral of the S-f-^ ; , White, and Commander in Chief of all His Majeity*;^-^ • ' Ships of War on the Coast of North America. ♦ . vT* ' i' . THE UONGRABLB .'■*(/;•.-"'. "*V ' Sampson Salter Blowers, Esq. ' * ' V- ..^ jChief Justice of the Province of Nova Scotia- and Pr6 sident of His Majesty's Council for tlie Province. ^^fl^^f. ■ 'i- -i/^-;^ .^i*^ ►•» i"6 •• • ; *■■ rloji. John Butj,ili(, E:,q •• . . * -^ MicHALL Wallace, Esq " ■ ' Edward likADAzoN BrkhioN} Esq.:, ~ ** < Charlks Hill, E>q. ' ^ " Kicharo John Ukiake, Esq.. / ,-', ,-< . '• Charles Morms 'Esq. •' f ' ■''-'rMimf'rtu o/.H'u. Mtjcsty's Councti* ^^ RoBRRT Lloid,^!; q. Commander 6f His Majesty's Shij*, GlifhURlfcR, John Conn, Esq Commander of His -.Majesty's Ship . ,, I Swift^ure. ■ - • ^ |C^%:t^*«; ' /'The Right Honorable Lord James Townshend Com- ^4 TVs'* mandcrof His Maje ty*s Ship /Eolus. 'JV" ",', John Simpson, Esq. Commander of His Majesty's Ship ■S' .■■.'•"■V.'-'.v/ '• "5-.. ^ \; ' . • ' f' Xa. Furieuse* Province, the Cus- |7?i^-.V^^,> SAMUEL Hooi) George, Esq Secretary of the T ^jt»3. ' V ^XiiOMAS Nicholson JcFfSHY Esq. Collector of.t i^^:^^/V^:vJ/toms for the Port of Halifax. ' . ^'*" -Sl^" ?■ The^Hyn. Andrew Belcher, who was in the ^^1'^^ ^ "MCoriimisfioMaiid appeared on the fiench, declined talcing "">/ ^^'i;C- v^i'^^cat — having axii|li}iirect interest in theVedhel, as ar> c-^.iV, Underwriter* " > ,T CroffOn UNrAKE,'Esq.. Bannister at law, officiated ^;t, .J, ^, ^ a*Registerof the C. urt. , St5;i • "*. .^ . '**''2 Pre ndent, having iirst taken the oath himself, ad- mlai-tercdit to.the reotofthe meiubers, asi directed by • the Statute/ ' ^i 1:3 'l. V .1 ■ I-;.; ■'''•-•f-i:., ^\ K~ The Court being opened and the Prisoners '^ put to the J3ar, James Stewart Esq Solicitor .,{ Generafof the Province, who conducted the > prosecution (the Attorney General having tikeri his Seat on the Bench as a Member of ills Majesty's Council) presented to the Court the articles of Allegation against the prisoners, upon Nvhich they were accordingly arraigned. '■<>.• >■. ;t v/^H: ■>♦ /•3V^-;>.*, "N'?'>; * Majesty's Slii|k, ...^ lajesty's Ship NsuENo Com- Vlajesty's Ship the Province, of.the Cus- 3 was in the ^clined taking Veahel, as aij . ■ V iw, officiated t himself, ad- directed by ' J Prisoners [ Solicitor iuctecl the il having Member of the Court 5 prisoners, arraigned. and on their arraignment pleaded Not Guilty ) . >vhen the Court adjourned until the next day, , for the trial of the prisoners. , ' *^ ' • Thursday^ No,v. 16. ^• The Court met agreeably to adjournment, * and the prisoners were again put to.tjie B^r, tr having for Uieir counsel^5. .B. Rob|je,j,a^(i;.j ' Lewis M. Wilkins, esquires. -. " ' vl, Foster Hutchinson, esq. as one of .thecpun-* sel for the crown, opened the allegation, and /;; stated to the Court, the law relating to Piracy, •- as well as the Statute, under the authority of;'.- which the Court was.appointed. After which the solicitor General opened the case at large, -'^ and stated the particulars ,of. the evidence, { 'upon which the articles 'of allegation wero^.. founded. . Hejhen proceeded -to . the examin-^rj:^ at^on of Witnesses on the part of the Crown. > JOHN STAIRS, sworn— ! ^ ^ )/' Q,. What is your profession, and' occupatiqin . v in life ? . / - ^p - A. A Mariner and Ship Master. ""^ ^V:^^ (si. Wlut ship or veatel did you last com-., mj^nd ? ' j''-. ;.^/'..' ■ •j^if^i.'i'.. '. A. The schooner Three. Sisters. . * ^ •Q,. Who gave you command of the ThraiiB'^.. : A* Jona^than and John Tremain. k > .). Q,. When, and where, did you- take -the n. '<;opim;ii)d ? ■'';-;/ /A. The 15th July last, at Halifax. t. U. On W'liat voyage did you sairvvithJi^r-/ . • ■ \ ^.[:.k >.f * • ■./■■? 1..! '«.,.•■. :; V* ^■■i^. , [6' ]- A,' To Perce, for the purpose of procuring ' a cart^o of iish, Jordan had promised to deliv- err^We sailed on or about the I7tli July. V Q,. Who sailed with- you in the schooner ? '• ' A. John Kelly, mate ; Thomas Heath, sea- ''man an! pilot; Benjamin Mattlievys, seaman ; '^and 'Edward 'Jordan, and Patrick Cinaett, passengersr— the latter was sickly. ,' *^'^^'Q,.*'When did you arrive at Perce ? ' »Xv*'A.^he latter, end of July,, or first of Aug. ^J-' 'Q. *Did you take in a cargo at Perce ? *^* A.' Part of ta cargo — on ' freight 200 • Q,uih- .'•tals froiri' Theophilus Fox ; 300- from Wm. * mf ^ i t'Driscoll Y . and about 90 or 1 00 f ronv the pris- , ^^^^ account of my owners* J. .and 'B^'^J.^Vemain:v-' '^•'^ ':■-- " • ' ' - -^^ -•% • ;^^5:^./:q.:' When did you sail, from Perce ? ^ ' '} ^^- . ^* Gi. Nam,ejhe, crew and passengers' "then oh '^- ^board? '"^'-^ •■ ■ • >^:^^J A. Mys6lf,\ John .Kelly, Thomas Heath, : j^V? Benjamin: Matthews, Edward and Margaret ;^^rfr.'' Jordan, the prisoners; and their four children — ;\%' Ki; » three girls and one boy. ^•I' ^ Q. Relate, fiiUy and 'distinctly, all the cir- "^A-^^-V 'cu'mstances that occurred on your^voyage from Perce to Halifax ? ' A. Nothing material happened until the '13th Sept. 'when, between Cape Canso and White Head, myself and crew, except Kelly, who was at the helm, went forward to trim |he sails, the wind coming off the land. . 13e- ritr ^ '»• m ^ty- >..i "m: •SI""'. >.,>■. :+;.'. ,<*:(c : •^tween 1 the purj .sun, anc stand in|j sky-ligh . Heath , looking .down tl led, an from w face, ar on his 1^ killed''- When ] effects. ( went to the^trur taken.- could n deck — ( •er, Ed^ — one c an axe left, i God^s i wards, graspec and thi , mate t( €vyer.— nc api >3ytWs I- .^•r juring •: deliv- eii oh '^^ [eath, rgaret ; ren — r the ) ancj-^ trim . 13e- -tween H and 12 o'clock, I went below,, for . tiie purpose of getting my quadrant to take the ' .sun, and was sooniollowtd by Heath ; I was standing near the table, directly below the, • sky-light, turning over the leaves of a book— , . Heath near, but rather behind me ; -when . looking up,' I saw Jordan presenting a pistol ^ J .down the sky light, I thought at me ; • I' start- ^7. led, and tlie pistol was* discharged— th^j ball j!^ from which grazed my nose and side of my ^ . face, and entered the breast of Heath,, 'who fell jj, on his knees, and cryed : **/o// myGqd,i'am'.^^f A:/7/^rf"— Heath soon after crawled on deck, 'v.^ When I recovered from my fright,, and first ^Z^. , effects, of powder which lodged in my face, IV^ . went to my trunk formy pistols: — but 1 found" *j* , the( trunk had been forced open, and the pistols ;**:j taken. — I, then searched for my cutlass, but « could not fmd it. » I then determined to go on \ deck — on going up the ladder I me^t the prison-^ J^ ;'er, Edward Jordan, in the act of descending ^ -^ — one of his feet was on the ladder — he held .]* an axe In his right hand and a pistol in his .^^ ^ left. I seized his arms, and* begged him fot'j,] f God's sake to spare my life, shoved him back-. ^[ wards, when he snapt the pistol— I instantly * grasped it by the muzzle, wrested it from him, .^ , and threw it overboard—rand called, Kelly the' ^^^ .mate to my assistance, but he made me no an- 6'jyer. — Benjamin Matthews came hastily aft, iic aoD^ared to be wounded, and fell dovyn. ^y this time I had taken, the axe from Jordan^ , r 1 * ' • ' V." ry .0 ' ^, '■■ --^ • ^JS<- • . < ' ■■■mm J' » ^'•y t» :'/ ^\. 'anu endeavoured to strike him, but he held * me 80 forcibly as to prevent me. — I, however. thi^Q^v the axcf oVerboard. I again called Kelly . but his back was towards me, and he in the .: " attitude of loading* a pistol, When Margaret; . • Jof dan ; sthuck hie ' several times with a boat- ^ * hook handle— bbservii^g. *.^* ;•• it Kelly you !, • watit — Tii^ivi' yoi/ Kelly. ^* l3efore 1 went on. ' deckl^'distinctly' heard four or five i)istol re- .ports.' Gn coming on deck, I saw Heath lying • dead oh',(h6 starboard side of the vessel, bleed- • ing very' m\ich. After' disentahc;ling myself .„ from Jordan'/ 1 Went forward— Jordan aft, for ^ * anOth(?r'axe,' with v\4irch^ returning, he struck / Mat^ieWd thi'ee or four strokes bri the ba^k of 'Whe'ad.^JFindirtgnd ClVance ofm/Jife ifM . remain'^d bnbpa'rd, and that 1 miglit as w'ell / be* drowned as shot, I threw th^ hatch over- board, jumped' after it, and got on ; "v^here I remained about three hours and a half,* when I was picked up by an American fishing schoon-. er,^ in a weak and almost' senseless state-^on . , recovering a little,'! 'tt)ld the Captain what had .^j happened — ^then \veht on deck, and borrowed a spy-glass, With* which 1 savvy one or two sail. , of vessels *iat^ a gi'eJit distance. to leeward— I , . asked the CaptJiin,^ to bear away and see whilt ;^ ; they wfere,'thinki]ig one might be t lie Three ... Sisters,' hut'he refused — saying that if he went . N)'atf of hisvbyage, and any accident happened..', 10 him,' the^undelwriters ^^ou]d not pay the : - Insuriilice'.-^I then asked him to keep the shore >' •).. V ^•♦tw ♦.•rr,.,^---^. h '■■ i- -•. IV i y he Iield lowever. ed Kelly , le in the .; Vlargaret; . i a boat (dly you went bu. j)i8tol re- ath lying el, bieed- g myself . 1 aft, for ^ he St ruck e ba9k of rTifeif'.I. It as w.ell ' tch over- v^here I If, when gschoon-. itate— on . what had. ^» )orrowe!d two sa)l. , •ward— -I . see w'hiit jj ; ie Three ,. he went . lappened..., pay the ; - the shoj'e i: .9 3 *.%' >' •!i» * V *** ■ r •* \ . t ;'. .V, V a-board and land me at Halifax^ — he said ho Would, was he not afraid of having his men impressed, as on his outward bound passage ho had his pilot taken by the JJrearn or Mullet schooner. I then told him he might perhaps be enabled to put me on shore, before he paa- ^ sed Cape Sable — but as the wind was not .fa- , vourable, we went directly to Hingham, (Mas- 1 sachusetts) from thence I travelled to Boston, ^r. where I published the circumstances in tha'^ *" newspapers, and had circVilar letters, describ-; r j; ingthe vessel, and persons of Ktlly, Jordan^ l' ^;,- his wife and family, sent to the Collectors, iul'/^/, the American ports by W. S. Skinner, ^ esq..'/ J, acting British Consul. v v - .f V^ y;gy i^. By the Court — Were any persons !oJi^i;•;^^^ board intoxicated, on the forenoon of thy 13tlr i^ " September?, ■. _ ' . '' :^l/..:V!>:^f 3?'^!^- 5 A. No— They were all sober, ' ; '' ^.r';:'^ (si* Where were the Pris«)ners'^ children, 'ar.rji;|' the commencemeut and during tho diitaib ^nce f ■' ^ ^ A, Aft on the quarter-deck. U. Where was Margaret Jordan I • •A. On the quarter-deck. ' • i^ When you went down to the oaUn, were. S- all the other persons on board yn deck. . ' .- "j 1> 'f< .'-: A. Ves. / •'., '*•,> '■•;'v/\ii.": - ' Q,. When had you been to your Trunk prcT;/; , Vious to your goin^ down for- the quadrant ?. ' ;.*C A. About 10 minutes before — 1 went lo;:Jt. V' for a book. • -: • •. .. • • ■' '' ■; ■ -■■■•:■ i A •f* p.. »■■♦ ^^^\ ■ 'i-i &^ .'V' ■ opened it ? [ 10 ] Q. .After taking the book out, did you again lock the trunk ? ' /a! Yes— and went on deck. Q.. Were the nistols in the trunk when you 1 •-•'•^■■-5 <* ■ ' 1 . ' " ' Ji ■'• < , . ,' '.V . ■ J . t, •* J. ■ 1 •' ' r-TiA pistols fired yours ?. . ,. . . , V A. I do not know. Q. Are you clear and positive that the pris- oner Margaret Jordan,from the time you went 3. ' into' the cabin for^your quadrant until you re-: &•.;' turned, wa§;ond?ckt I ^. ; * > ^-;^' |^y..-,>-:v;' A. Yes< > ■•..'■ ^^^,.,- . !' 'Q- 'On what part of the deck stood Margaret, JB'!;^!-: Jordan -when, you csjime up from the cabin — "' , liad she ^, boat hook hj|,ndle in her hand-r-and. tii-N*- p^^/!Ji what was fihe doing ? - V 'a. She was. on the quarter deck — and had tevi, _ • hold 0^ ^w"^';;*^^^* Had. either of the prisoners been in the^ y.i.'/ - cabin from the time ypu'first went to the trunk,, |iW until, you went foe. yoijir quadrant ? te ;< ,::;^^A/I do not know. r>r V ' Qr Are you positive that when the prisoner, 5t" '' ^ p. J. snapped the pistol, its contents , were .in-, tended for you ? ?/A. I am positive. ' ^' Q.. Did you receive any material injury from the blo^vs given you by Alargaret Jordan— or r ,^- * ... y, [ ) » "/..>• ;>■ rou again vhen you ;**..'r fending yourself agahist her* husband ? ,- • ^ "^ /A. No. " - ., ' Q,. Had there, previous to the firing ofthe' ^ir; - pistol, been any dispute or quarrer betvyeea. .^ you and, the prisoner* E. Jord|in ? v . \ / * . ... . A. There had noti ;-■'' ' ' *' ;/: i'^- U. Can you.give any account ho yv^y,ourpis-\^ tols were taken from the cabin f. \ ; . : v > I s- i > ' ^ A. No. ■ ^ :; " 'v'-v ■' Q,. Did you hear Matthews say any tfijng,./ i. whereby you could iinderstand how lie be :-". * came wounded f .-' * ^c > • A. No — he. only said ; *♦ for God*? sake do; t> not kill the Captairii**'/ '''^ ';;,^ '^j;:V ft. By prisoner — ^had .you any pistols 0^^:.^ your own on board the schoo^ier when you Ipft i' ' 5^, Perce >-."••'■*" '^ -v' ''-^" ^^^'- %-■/■■ -^.•^^'^'■'. '^ •■.;;. -A. I had.." -: ■'' • ■■■'■:'' ".;-;-'7' ■^'^%: Q. Did you, or didyou .not, sell '.your pistj^ i tols^-Ga^e?''^'.';-^' ^^' ^''^^'^■•' -■•^^^^^■^^^^^^ • A. I sold -a pair of pocket pistols to an army: ? officer there.: ' ' ,' ' ^ ^ >-^'V^ ' . i^' •^ JOHN PIGOT, sworn : Q. What is your occupation ?, '^ A. A fisherman, and laborer,., at.. Fortune Bay, Newfoundland. ' ■ > Q,. How long have you been there I ' 'A; P^ive years next spring. Q. How long is it since you left it ? A. Eight weeks tomorrow. •Q.' In whose company did you leave- it ? , :. ... . i.,.> ; rfr /.' •■•■.1 c. .J4-^^ ..V. If. 'r,«. ' I '•;■ ■.•'''A*"^{.,.>; ?.t' »; •■ ' .'•.— ^7.•:■><^vf?^t.■■ ft •■'' .^: •r ■.■- T)^ *^, ■•< ■ u »!> [ -12 J • '^ I* ■f-Vtr * A.'In the'prisoners*. ^^^ (i. Hy what name did tiie prisoner (Edward *?^( Jordan) go when first you saw liini ? « A. Either John or Edward Tremain^I dO; not recollect whicli. I 't ' . ,; ; . , ,-. Q. When, and' wbei^e,, clid ^you first.' spe. the ' prisoner, Edward J{?rdan ?y ;. 'A. n- the 24 th ^ Septj^n^berf lasl»; t at Xittle • Bay, in Fortune JBay. Q,. Relate to the Court, how you became acquainted with the prisoners' — What, deal-, ihgs yoti have had with therii ; and. any . parti- . , cular# ) ou know, which, in any way, relate to the circumstances tiiat have occasioned thei pre- • * spnt* prosecmtion, . :, . ,f , / \ I .v7Vi* . 'A. I went on board the sch'r Three Sisters, -'A r*Ji"; •, ■^ ';«;-. ."-J 'ii, t.5 ■ ■ c €r (Edv^ard Jordan) to come to Halifax^ The ".next day (Monday) he told me tOpgo^ into the hold to do somework ; I went — ^and saw that >.,the fish was.not stowed, but tossed carelessly ^ about : this circumstance, with that of part of the hatcljf being gone, alarmed^ne ; I called t ; Wm: Crew" and told him I did not likejo go . in the sch'r to Halifax ; he asked vvby ;: I an- swered, I 'was sure she was on. the runaway, .account ; then said he if you do not go, I will • jiot/ I wis going a shore in the evening "vvitli W. Crqw, and a man, who said his name was John Stairs, ' but whose proper name I soon ».v :»; II ^ard the' /ittle- [ ' V f •••a; my wish to :' ' ^ go — Jordan then went into the compting house' > and mentioned to Mr. Thorn my refusal, who ' came out, accompanied by a Justice of the • peace ; they asked us why we would not go * in the vesstji — Crew then said bomething, ' which I dicl not distinctly hear, to Mr. Thorn, who imniediatelv after turned towards me,and, said : " Pigot, this is some of your d^/ings ;" I • told him it was because that the prisojier and Kelly had not fuliilltd the agreement as rcr " spected their furnishing me with a j/roieui^n,^ ; (' Vww' 'k!- a :-i. w.' •■J irv/. ■ » ■4-1 f<-. f*^ •.-f ->:' v i which would prevent my bejng pressed on Ijonrd of a man of war at Halifax. The prisoner then told Mr. Thorn to give tne a bill of lading for 100 quintals of lish, which Mr. Thorn did. Kolwithstanding I had got the bill of lading, I was still- afraid to go, and hesitated before them ; which Mr. Thorn, «nd the justice of peace observed, who said, if I did not go immediately on board, that I should be tied to. a flag-staff, punished, and Jiave a man of war for my money. I could riot help myself, but carried my clothes on board ; and, afterwards, returned to the compt- jng house of Mr. Thorn, for the bill of lading, and some accounts, I had left there : I again saw Mr. Thorn, and told him I thought he had got me into a hobble ; iie asked me, in what way ; I said that I did not think the schooner was bound to Halifax, because that the prison- er was purchasing articles from him which he could get much cheaper at Halifax ; after which 1 told him I had a grea;t mind to take the woods for my money, leaving all my things on board. He then said that if I did not go on board instantly, he would put me in irons ; or if I attemoted to run away, he would pub- lish me in rne paper in such a manner thrtt I would not be able to shew my nose in any part of Newioundiand. Finding myself thus cir- <:timRt.anced, I went on board, where I w'as 9^ain questiomm bv Jordan as to my reasons ifttr »oi winning to go in tiie schooner, when I Ht- ■-:•■* V,. ■ -■ I' * * ■ • *■' ^M ?ssed o« to give of ii^h, irig I had id to go, *. Thorn, ho said, d, that I ed, and I could othes on e compt- f Jading, J agaiu It he had in what schooner leprison- v)iich he K. ; after take the Y things I not go n irons ; uld pub- r thrrt I any part hus cir- e I was reasons when I f - f rofd him I thought she was on the ntnaWa/ account-^— he said she was not. We put to se.i a short time after, and went" to St. Mary's, where we remained six or s<»ven days, and . from which place neitiier crew or mysL'lf wjuli J start witlwut a pilot or niivigator — We, how- ever, got a pilot to St. John, and again sailed, but before we could make another harbour tlu », wind failed us, and we wx're becalmed.' A boat was passing us, bound to St. Johi., wheior Jordan wished to go in order to obtain a nav- •• igatdr : he hailed her, and ro(juesled a pas* sage ; the boat came along side, and took . ^^ Jordan and myself on board ; we arrived at St. John, got a navigator, and procured d. boat to carry us to the schooner; we sailed for •> some time along the shore, and at last found \^ the sch'r at Trepassey : it was nigiu when we/ ;f got on board. Soon after, Jordan (whom I supposed to be drunk) and Keily, had some^ - ' words and struck each other, when the for«»;^r; mer went to a trunk, where two pistols used;;i to be kept, but he could not find them : Kelly > by this time, had drawn them from under his' bed, but Pat. Power soon took them from- hini^ Jordan called several times for a. pistol' or musket, to shoot his wife with, which I be- - lieve he would have done, had I not prevent-.' ed him. Next morning, about an hour before - day, the prisoner, Margaret Jordan, called nwr - up,and asked jne to take her with some plothes,^ - onshore, assigning as a reason that her bus- H ^:- w- \ 1,- i-'-s D 16 J •■^"•" ^bniifl wanted- to kill Iier — I told lier there was. no ilan'^or of that, while Crew and myself, re- mniiied on board ; she then said she would Ion ve her life on my hands ; after which, I foKl he* I would go and brin;^ olf a neighbour of hers,' who might take her ashore if he pleas-^' -ed — She told me if I would take her ashore, she would tell me something that would serve nio. ^ Power, Crews and myself soon after huulod up our chests ou deck, when Jordan said that he would shoot the first person .that jiUem^Jted to remove them ("rom there — I heard .IvirOaii several times sav, that he would shoot; liis wife, for that^she Was the only person that *couIi hang him, 'and I asked her as often, ^ ,\vhy her husband so threatened her ; she said, he always d»d when he was in liquor.; Jordan, told me that he owed some money in Halifax,! . and that he* wanted to -'go to some market, •where he could sell his fish so advantageously, as to enable him to return to Halifax, andpay/^ . his debts.;- " ' . T- Q,. When did you first discover the , prison-/ cr's name was 3i)d ward Jo rda:n. \. ^, j4. At St. Mary's-r-I do not recollect the day, of the month. ' i ' U. V/hen did you first discover that the man^ who called' himself John Stairs,, was named; John Kelly ? ^^' ' . ' H. \/4. I do not recollect when or where exact-»» , lys I believe at St..Mary's. . tfc?^ = > . Q../Y0U said you vvas. in company with Jor.^ m t.r /J^:'' tf'^ Z' V 4: !■.• r 0- y (•■■• ■» e was- t?lf, re- would icli, I ;hbotir pleas- v' ashore . I serve 1 after Jordan II . that heard shoot • ■> )n that often, ] he said Jordan, ahfax, I market. 5eously. tnd pay> .prison: ; he day^ le man> named. e^xacV, « ith J 01% r N- •A *'■ ' VI '" [ 17 ] dan at St. John : Did he go much; about» and . by what name ? * . . ^; ^. Sometimesby the name of Jordan, others / « by that of Tremain. "■■■ ■ f Q. How was the wind on your passage from tTrepassey to the Bay of Bulls ? » :, ^ • ' ^'^ ,v, • -4. Favorable. ' '/ .1. Q,. What made you put into the Bay of , A, To gat sea-stock. , ^ ^' ' --_ ' ' Q, Did you get enough ? ^ ' ' '-^ V' • A. That must have been determined by the ' .^ * distance we had ta go. « • ' ^^''^C" i^. Where were you bound from the Bay'of* ■ ' '^Bulls? V , ;: ' ' • • ,: -A, Jcannot say: Jordan changed his voyages f^:-^. so often, it was impossible 'to imagine • whigre'*:; < he intended to go. ^^ v ' ' '^;;i* , * Q,i On the morning you sailed from the: v<^ Bay of Bulls, did the prisoner, previous toi;' "sailing, appear in a hurry to get off ?• 'Vf. A. He seemed always in a hurry to get off/ .7 , ' * Q. WeihQ. you near the prisoner wh?n- you* , ^ got under- weigh at the Bay of Bulls ?r And^' did you see him ;; A. I took care he should not have them ; I'^^V again* the pistols I locked up in my chest, \ ^ C": ^'^^ ^^^ musket I hid among the fish, by Pat- * lick Power's orders. ' Q,* Did the prisoner, Margaret Jordan, at all, times you saw her, appear to be in great fear and altogether under the authority of her husband?-' ^vt^:.- ,'.;^; ' >.< ; ■/^••■:r ' ■- •> v'"^ .-; A. Yes.-'.' ' ■ ft. When and where, were the arms, taken: from the prisoner, Edward Jordan, by you, • • ■', .■■ ft-- ■ • .. !.•■'> . '.•'•ft'.. T I ■<• .f '^ : ■■} i ..V. «^ V I . --1 yf^ 1 5r .- .. •■••■ ■ I 19-3 •• r. . ■ '• ; and' loclced up, or rendered useless, in tbef- manner you stated ? A. We were then at Trepassey, I do npt , recollect what day of the month. Q,. Was it before tlie taking of the arms from Jordan, that the chests were brought on ' deck ? " : . ' ' ^ A. Yes, the njght preceding. '■ ^ . Q. Did the prisoner, Edward Jordan, know .ihe arms were taken from him ? » ' * A. He missed the arms the night they were^ taken, but did not know where they were un-.* til next day. ' ' U. As Edward Jordan's arms were by your account, taken from him the evening before-* the chests were brought on deck, how was h&^ to execute the threats, he afterwards made, of shooting any person who attempted to re- jr. move them ? -^. It was not likely any person could keep - the arms from him, as they knew they belong- ■*« ed to Edward Jordan, and were then in the-i boat alongside. U. Wlien you asked the prisoner, Margaret <=> Jordan, what her husband meant when he '♦ said she was the only person in the world who i could hang him, was Edward Jordan presetit, or on board of the schooner ? ^. Not present, but I think he was on board. •, U. Did the prisoner, Margaret Jordan, from the time you iirst saw her, appear afraid of Kelly, as well as her husband,? •-•Xl 4> .. •'{ ••',-•>■• 1 ■ ■■;t « -' \ ■.>■■':■ »' . :*Lk:K m ^A. .No. ;■ ' ' . '« • ' • ' ' (i. How, and in what manner was slie used; j»y th^ prisoner, Edward Jordan, and Kelly ? y4, 1 saw she was used indifferently by Jor-. P^9Lih but not ill by Kirlly. • i The Court. then adjourned until to-morrow :|t ten o!dook : / V -^ ■: .Friday, Nov. 17. >^' Tlie Court, ipet agreeably to adjournment,^ • when — . "^ ■'* .PATRICK POWER was sworn— He 8aid-~-i iirst became acquainted with the T ^ ^^i ,>^»«:' sprisoner, Edward Jordan, at JSt. John, New- '- JCqur^dland,; 1 had just arrived from the French j> shore, whei:e the boatman wlio had oanied 5^.. - ;^the prisoner (whom he called Joai IVomain) gfev,,, ,. to St.; John, • met me ;. he huid he. was ji;lad to. ; ;See me, .for as I had been in the haliit of i;.v/r.g j to Ireland every fall for sup])lies lor the spring M^l \ fishery ' he- could . serve ine ; as the pri&oiK r, yM\ fevEdward Jordan, wanled a navigator for a^ Uid, then lying at (he and told the prisoner :he had found a iiavij;ator Soon after I «uw. : the prisoner, and accompanied him and Pigot to a private room; he then told me he hud a schooner lying at the Bay of liulls, laden witlv ~ fish, thai there were iour seameji on board, ^ and that he wanted me just to navigate her to ^ liimerick or Galvvay in Ireland. [Here a paper was prnhited : it was an ^gteeinent entered inio at bt. John, New- ^W-i;.;. • --,■ • '■: . . ■i^.'-'-HV^ ^- r. •••■■. fo pr th hi Jo ■•^ '.'i. 'k J' ' slie used; Kfily ? by Jor- morrow V. 17. rnmeiit, with tlie. , Kevv- French uanied If main) \ gUd to. oj i^oi'g e spring )risoiivr, 11* for a ^ at the prisoner r I 6u\v. d V'Sot e Jiad a len \\\{\x' 1 board, e lier to was an , New- «c- "W '•" [ 24 ] ■rn^f ■U t^ fouhdland, the IGtli of October, between the prisoner and Power, the latter was to naviguto the shooner to Ireland, and the former to pay^;. him eleven pounds a month till discharged^ Jordan had signed it, by the name of Joha,^\ ■ /; - Tremain.] * ^ * /^ V:l After settling the agreement at St. John, the, /. j«, . . \ ' prisoner told me to be r^ady to start tlie next;^Yi^.> day, as he was anxious to go to sea, I said X^^\ would be ready ; but it was three days before vjl^ we could procure a boat to take us round to^^vj. V- the Bay of Bulls, where the prisoner said tli;;;,| Iv^*,- ,; schooner lay. In the intermediate tiaie I ol-JvS;; • / ten asked Jordan to take a walk, and look!^, ■:^S; / for a boat, and requested to know the reasoii /*^>J^i' why he kept himself so closely confiiled ti* j'#V his lodgings: he replied, that as he ;owevt%^|v! some money in St. John, he was aft;aid of'ljein^^^^ j. detected if he walked much out. The third ^v^^jj-,] day after I had agreed to go with Jordan, w^'-f;^^'...} got a boat, and went to the Bay of Bulls,/ '*^/ where, howiiver, we did not fm»i the schooner, J/^ - but there was. one there, bound to St. John, 'a< and I asked the captain for a passage,; but the prisoner earnestly entreated me not to Jpuve i;J.\ him, l^ut to go to Agua Fort, where he said U>^ he vvas sure the schooner was lying ; and ad- ■^. 'V ded, if we did not find her there, Ite W'ouli ' /'■7, give me an ordur on a merchant at St. John's, - y for the full amount of my wages ; we went to j Agua Fort ; the schooner was not there ; i ^ | was agiiiu dismiomted ; but he urs^f^d lay' fvs '^ • " ■>^' '. * B.r ' *;:^v.'\a- ■ . . . • ■ .. » ■ • • r • V •'S C y, r ir?'- I -^ . board of .'r^rl dark, wl %:' ^■X' [ 22 ] • # I iiad gone so far wUli liim, to go to Trespas- fcy ; wo went, and found the sclioontr ; on of which wo got about an hour after here I saw Jolin Kelly, William Crew, ,itud a man from the shore; Jordan's wife was not on board, the pris(nier demanded of Kelly, "Where ahe was : he answered, she was ashore ; o^., the prisoner then told two men to go ashore ^ «^^y ^^^ her, when Kell^ said there was none knew [^}i V where she was but himself; Jordan then seem- ed much disturbed, and told Kelly lie would go with liim for her ; they went, and returned in a short tmie^ with the prisoner Margaret Jor- ^ dan. Jordan went to bed almost inunediately after, leaving the boatmen, Pigot, Kelly, and niysielf in the -cabin, drinking grog ; Jordan's wile was also sitting in the cabin. The pris- oner did not lay long in his birth, but got up, and said to his wife : " You whore^Iheard you talk"' He then seized a musket which rested . V^x' Son some nails in one of the cabin beams : his ^% V wife screeched, and told me to take it from ■•^ij^ liim, which I did, and gave it lo the boatmen to take care of until morning. The prisoners and i^elly soon after b< gan to fight : Edward Jordan demanded his pistols and musket sev- eral times to shoot his wife or Kelly, and re- primanded the former for being often on shore ^with the latter ; Kelly then said that the pris- * VfK I' •.<>"er should not take his life for nothing, and t *^.;m,^' turned round to his birth, from which he drew ; ^-; T two pistols, and held one in each hand ; I the% r..'r« » ;* I. f. ,- . «' J' ?£■ .r. t ^«i fl - " i 23 ] 4^ ' ^\ A^. seized Kelly, and took liio pistols from him ,; Kt'lly 8fl* I his intention was nu' rely to-hide-. them from Jordm, for th.it 1 did uj(. know " wiiat a kind of man he was. Mar^^.irt't Jordan then went on deck, where 1 soon followed hori J . carrying the pistols 1 had taken from Kellyt with the view of giving them to the boatmen .. to secure YiH'the next morning : She requested i> me several times to throw them overboard,)^ •' saying : •" You know ttot the mischief tkcy have. • done P* I said I would not throw them over. Kelly 60on after came on deck : he said all '< ^•. V - that he wanted of the pistols was to prevent, /i;^ Jordan getting them, advising me at the same, V-'^-r; time not to let him have them until I got to v ,• W Ireland, and then said that he did not intend to go with us ; I told him Jordan should not get them,^and asked him if there were any more arm.s on board ; Jie said there were a half musket and a cutlass ; and advised me to get thetn also, The half musket I found — the; cutlasss I could not. I soon after pacified Jor- dan, and his wife told me if I gave him some rum he would go to sleep ; I did so, aivd it had the desired effect, though not before hei said : *' Do not let my wife come to bed to me ; if you doy I shall kill her** She lay on the ,^ ■ locker untill an hour before day, when she [ rose, called Figot, and requested him several times to put her ashore, as she was certain her husband would kill her if ^he remained on ..board, Pigot then went on deck, she to her 1 tl- * .lir-'i ( [ 24 ] (:/•'■■') ,^ t» y!<:. >\«- Irunk for clothes. I then left my birth and went on deck ; she soon followed me, and begged l\vould let her go on shore, or put her ashore myself ; I said I would do neither, . and that I had over heard her conversation : with Pjgot, and that she would be sorry for it if she went ashore; she replied, you know not the life I lead with that man (alluding to 'her husbai>d ;) he will kill me before we get / to Ireland— you had better let me go ashore ; you are a stranger to my sufferings ; Pigot I can describe to you the cruel life I lead "with that man. -I prevailed on her to remain on board^-^bout an hour after sunrise Jordan # came hastily on deck, ran towards his wife ; I went between them, when Jordan seized me . by the breast, and demanded his pistols ; his wife, at the instant, slapping me on the back» and begging me not to let Jordan kill her, say- ing she would lay her death to me, for not Jetting her go ashore when she wished. Jor- dan then said, I believe Power you have been with her all night, as well as the rest : upon which I told him to use her as he pleased ; but ; she screeched, and entreated me not to let Jordan take her life, when I again laid hold of .the prisoner, and told him he should not strike her :. I soon after quieted them, when Jordan said, if she vi^ould go into the cabin with him, where he wished to speak with her, he would \* not hurt her ; they went, and continued there ' on good terms the whole of that riay. Jordan - I I f. »)■' tr- 'f-;i . '"1 I • ''if th and ke, and or put neither, ersatiou :y for it know cling to we get ashore ; ; Pigot id with [nain on Jordan wife ; i2ed me )ls ; his le back) tier, say- for not ;d. Jor- ive been : upon )ed ; but )t to let d hold of ot strike I Jordan ^ith him, e would led there Jordan I V / i- ? .' v; !■ i*' -■>. r '25 ] .^ ■ .. ■ ■, having promised to^ give the boatmen, who , brought us round from St. John, ten pounds, . they requested me to go below, and ask Jordan , to pay them, which I did, but he told me he/\ Was short of money, and to give them some, leather, which I would find forward, in lieu;"^ of the ten pounds ; the leather was brought // up, but the boatmen refused to take it ; -I- stated their refusal immediatley to Jordan, ,;. who told me to give them his watch with the *;, leather, and directed his wife to hand it to me ; ' it was a silver liunling watch : I gave it to tiie ., boatmen, with some leather. 1 afterwards searched the schooner, to see wiwt provisions and water were on board, and tlien saw the-^,^^ situation of the hold, and began -to suspect,^ some mischief. I asked Jordan if he had any 7 >means of getting provisions asiiore ; he said J he had not, but thought there was on boMi\.iik> suiii^ienc*y of every thing for a voya£;e to li:c-4- land, and added, if he was only in the Bayvof v^ liulls he could obtain plenty, as he had friend^ ; there. We got underweigh, a short ti.me af- V ter, fo.r the Hay of UwWs, but had not priicectj'^ " ed far before }ie told me to go into some \U''r .vate harbour near the IJay of Bulls, fr«*;:'.i whence he. could send a boat "there lor provi- sions, giving fish or oil in payment. Wt; ao*. cordingly attempted to get into Fermi^ese, i>nt the wind prevented us, and we si:Lered.f.pi' ;* Capelin Hay, at the entrance of which wcjil*) li- nearly got, when we discovered a'' rcho>)nv;v ■' going in; the prisoner enquii*ed of ino wiK'iV " ^ C r.s iViv I thought she came from : I answered from Nova Scotia, as she appeared to have a deck-_ load of plank ; he told me not to go in. We then hauled our wind and went to the Bay of Bulls, w^here we anchored between 10 or \\ 'at night. The next morning Jordan went on shore, after telling me he intended to get men to cut some wood, and bring us some water ; he took two of the crew with him. In the evening he returned on board, and asked me what I and the rest of the crew had been em- ployed about all day ; I answered, overhaul- ing the rigging, which wanted much repair; he then said he believed I was too much of a gentleman for a poor man's servant, and that , 'lie was sorry he did not make' me steer for Ireland, after leaving Trespassey, with what . provisions we had on board. The next morn- ing he* again went ashore, and sent sciie long wood, three casks of water, and a few trifling "articles of provision. Shortly after Jordan went ashore, his wife requested me to let her go, for the purpose of washing some clothes for the children : I at first refused, but after- ;^'|:1 Avards consented, and Pigot and myself ac- companied her ashore. I left her washing at a house, and went in pursuit of her husband, whom I found — he enquired why I had left the vessel : I told him his wife had some wash- ing to do, and that I had come on shore with lier — he then seemed much disturbed, and bade nie take her back to the vessel imm^^diately, whicli I did. Jordan came on board in the I' 'fiviv ?-*voning, and ordered me to got undcrweigh, I IL ^■■^:' • \ - IS. f i »« *» s r 27 told him the wind did not that it blew i from L deck- . We Bay of or 11 ent on et men ^ater ; In the ed me ?n em- jrhaul- •epair ; ;h of a id that er for I what morn- e long rifling Jordan et her clothes after- Af ac- ing at sband, id left wash- j with d bade lately, in the ?igh, 1 • \ - '•'% » J 't' . i> a- v: '• . wma aia not answer, uii into the Bay. He then got into the boati say- , ing he would go ashore for men and boats ^/ enough to tow her out. He had hardly reach- ed the shore, before I weighecl anchor, and Wjent further up the Bay. By this time h(iv': returned to the schooner, with many men, I- . ^do not recollect the number, and ordered mo X^- "to get the vessel underweigh, which I refused v' to do-r-when one of the men he had brought * on board, demanded the reason — I told him I did not wish to go — he then applied some ap . probrious name to mo : Jordan, soon after, took me aside, and said that a cutter' had sail ed that evening from St. John, which would /; be round by the morning, to seixe the vessel. oii '§;h account of some money he owed atnulifax-»^:--/' upon which I said that if he owed a milliou/;wv of nioney to a mercliant, a King's vessel ^If^ would not be sent after him ; he afteiwarda :*v . said he was sorry he had. not met with some other navigator than me, for, if he had, he.',^, would have been half way to Ireland ; I told \< him he need not be sorry for it, for I would not go with him, and he had better provide ? another. He begged the men he had brought .. '• "on board to remain — they said it was to no * ' purpose, as I would not get the vessel under- ; weigh that night — but if they could serve him they would stay twelve months, and tow the' vessel, if possible, half way to Ireland. They, soon after went ashore. For some time Jor- dan walked the quarter-deck, apparently much ^ •^ ■#' ^'^ «■? ■» .< .[ 28 ] ■^ny disturbed, during which Kelly told me if I w(?nt on shore with him, he would inform me of something that might serve me. I promis- . ed to go as soon as Jordan hud gone to rest. Not long afterwards I asked Jordan why ho did not go to bed : he replied, that he would see me in bed first. I then told him, Kelly and ''I were going on short*, but that we*us thru on deck, as well as all the crew ; the jiij wa'^ lioiste(l5*and the vessel going to sea— J»rdan was Standing near the companion door, Vvrtii '^n axe in his hand, and 1 said to him v' \'- C 29 3 me if I form me promis- . ) to rest. why ho e would 1, Kelly ' hat we vhom .'jVshevvas brought to Hahfax. s Q. Who were ofi board the Three Sisters ' at the time she. was taken possession of by the -Cutter?":::' '^ ' ; ' ■' ^ A. The prisoners and their four children, (three girls and a boy ;) myself, John Pigot, , ^ Matthevv Phelan,- William Crew, Nfithaniel %J||^^^ B^der, and Davy, an Indian. ' "• '^J^' ^ "Q;* Did you hear the prisoner, Edward Jor- i^^'v, ^ dan, "make any ' acknowledgements, ol" use ''"'"' ' _; any, expression, from which you believed' he. 'M'"^ . had been guilty of the riiurders and piracy, !#/:?' ^ he stands charged ? If so, repeat as nearly as you can recollect, the words he made use of, and when and where they were spoken. ' ' ■ ' [An objection to this question was entered by Mr. Robie, upon the ground that the Stat- ute of the llth and 12th of Wilham, having directed the heanng and determination of causes before the Court to be according to the Civil Law, the question could not be put to the >vitness, as by the civil law, the confession of (I person accused must be made by him in the presence of the court, and could not be prov^ ^ed by the testimony of a witness. ^ , j^^Thij objection! was answered by the Solicit- >^v" I »-%^ \ '" ,' t. "kl- or notl spe| adi not] objJ ot bound d me to ould sat- 5 proved >mmand- m board y >vhoin 5 Sisters )f by the children, ti Pigot, r^ithaniel ^ard Jor- o^ use Bved ' he. piracy, repeat ords he ey were entered he Stat- having tion of g to the t to the ssion of in the >e prow Solicit- • T-31 ] . f or General who contended, that the court was not to be guided by the civil law, unless as re- spected its forms, and that the question was admissible by the common law of the land, if not by the civil law. The court ordered the Registrar to note the' objection ; and the question to be put, promis- ing to consider its effect.] . A. It was in the cuttle — he was in irons ; and his birth near mine. He used to discourse with me concerning the crimes he was accus- ed of : He said he was not afraid of all the* world, if I would only say we were bound to Halifax, to which, being rather under appre- , hension of my own life, as I lay so near him, ^ I consented. He then told me that if he had ; shot Stairs while on the hatch, that all would have been well, but that Kelly prevented him, saying he would be drowned before he reach-v ed the shore. Q,. By Prisoner — you said you knew the • prisoner, Ed. Jordan, at St. John, N. F. — do you recollect dining in company with him al the house of a merchant there ? what was the iiame of the merchant, and by what name did he call the prisoner. A. I did dine in company with him at a ^ merchant's, whose name was Goff ; and whom I heard call the prisoner Ned. Q. Did you hear Mr. Goff call the. prisoner by any other name than Ned ? what charac- ter did he give Jordan ? and did he say that Jordan had served his uncle honestly for five vn'v=5. ; »v1 f!v f ov?rv person in his emnV^v bfid s. r^ ■<■■ M 'i.; -\^-d\ ■!*-• ■m' %•} >^'^'' •», ?,»: V , , A, I heard Mr. Goffsay, that every one ''"'Who was employed in the same station Ned , ,^ was by his uncle for several years, had made /..'money but Ned. '*.\' .The Register of the Three Sisters, w^as then r^^produced, and read ; it was proved by the v;^. collector of the customs, who exJiibited the - * 'record : she was registered tlie 16th January, \ ISOQ-!— owners, Jonathan and JohnTremain. - ' Q.'You said that Jonatlian and John Tre- . main were the registered owners of the Threie ^^ Sisters—do you know who.are the true owners y H)f said schooner ? . . ,:. :. ' A. Jonathan and John Tremain I believe, J v.! for the bill of sale and shipbuilder's certificate j^ ji^Jwere lodged in my office previous to the grant- v'ing of the register. * , • ' . ~ ^'. ■ Here the examinations closed — when Ed. ■Jordan was asked by his excellency tVie presi- , :^ydent,if h*e had any thing to say in liis defence. / ■ EdwardJordan then stated his transactions * V with Messrs. Tremain ; from which he endeav- oured to prove that the schooner Three Sisters " ^^ 'had been surreptitiously obtained by tiiem ; ' and that, in point of fact, she belonged to him ; V'after which he said, that on tlie morning of ", the ISth September, being on the deck of the schooner, and rather in liquor, his little' boy came and told him, that Captain Stairs was » .taking Iiberl;ies with his mother ; that he in- stantly went below, found it to be the case, seized Stairs, and threw him on the floor ; wiio, upon recovering, ran to his trunk, got a pair of n*!<5f(ilj, one ofAvlii'!- I' Tro^l at him, " 5 1/*/ r; k. 3veiy one [ition Ned had made , was then ed by the libited tiie li January, Tremain. . John Tre- the Three rue owners i I believe, certificate,, ) the grant- wheu Ed. r tVie presi- is defence, ansactions he endeav- ree Sisters by tiiem ; ed to him ; orning of eck of the little boy tairs was' hat ho in- the case, le floor ; nlc, got a (\ at him. [39 ] /. « <: ;*"■ ilV • Heath's breast, who had just came down to fV*^'. the assistance of his wife, having heard' her ;:-^, cry out murder ; that he then went on deck . for a handspike, to defend himself with against Stairs ; who soon followed him up, went for- iward, threw a hatch overboard, 'and jumped : after it ; ';hat he begged Kelly, who was at .the helm, to put the vessel about, and pick up ^^^i ; the captain, saying, that unless he did they t"' would all be lost, for that they were withoUfr^, '< a navigator, but that Kelly seemed stupid,aiKl >'>?•; not to know what to do. That they afteV- >> -'x -wards put into a port in Newfoundland. * He/^| ;;^: then told the court that no reliance' ought t(r^f would say -any thing that came into their /^-^^ mouths — rand then presented hisaccounts wit!>: /'^ Tremain, and some other papers, to , the 'coui"r,^/.v. requesting they might be examined ; ' 7 . -h r Magaret Jordan was tb^J|/ V \ [ 34 ] receive by tlie schooner, but tliat on her arriv- al ^ho was disappohited : Jordan had brought •*»'» I.V U I ixi l)ected she had obtained it by improper means, < and he treated her very ill. His resentment C continued — and on the morning of the i 3th of \ September, as she lay on her wretched bed, Stairs came td her birth — when she, alarmed for the consequences that might result from V her husband's seeing Stairs in that situation^ begged him to* be gone, but he did not, before that her husband appeared, who instantly ' >Ji nocked ^tairs down, and then ran on deck, . ^where he was soon followed by Stairs— that ■■{' fche soon after heard the report of pistols, went von deckvsaw Heath lylngdead, and Stairs - f.j;hting with her husband— that as soon as ' Ihey separated the former jumped overboard. r. She did not deny but that she might have ' struck Stairs when engaged with her husband, - as she was in such a state of mind as not to . know what she was doing; but she could ap- peal to the Almighty, and say that she was in* iDoont of th? crimes with which she thei\ stood • charged* • " ' -, / Vvfter which the Court was cleared ; — In about half an hour the tloors were again opened, and the prisoner,. > KDWAUD JOIiDAN.put toth.ilj'.ir, ; uhen His. Ex- cellencv tliC President addressed him as foHows : 1. i'LOVVAUp JORDAN— The Gentlemen Commisslon- . crs before v horn you have been accused of Piracy, IftU '^ ony and Robbery, have deliberately examined the articles kM' :'■ ^fchaVge exhibited against you J and having mattirely r£*> V' >veiched iif.tl comidcred the several evidences produced >*,■-.. ^ . . ,•>,'. . • ■■■ ....*■•'■• A - [ -35 ] ?r arnv- brought got Cap- calico: — k'ho 6US- r means, lentment el 3th of hed bed, alarmed ult from situatioiit [)t, before irstanlly on deck, drs-^that [ols, went nd Stairs soon as verboard. rht have husband, »s not to ;ould ap- e was in« er\ stood > > )ut half an ' prisoner, , in His Ex- rs : • )mmission- liraey, iFel- Ithe articles maturely ts produced \. against you on behalf of His Majesty, as well as what has been alledeed in your favour, upon the whole have una- nimously found you guilty of the several articles of Pi- 'Y,'-'••.. iident of this Court, to perform the painful duty of pro- "'V^^'' nouncing the dreadful sentence which the law directs to bo, '"^ ; ,f, executed upon you ; not only as a just punishment forthe ;'-^'^; horrid crimes of which you have been this day convicted^f "^'?^.,', but as an example to allotliers, of the vengeance which ,,■'"/.,, always purfues the steps of the murderer, whom no art Z';^" '*';;- can save from the sword of justice in this life ; and whose . only hope in the world to come, ?hust depend on thd. mercies of the Almighty. --You, who have uhewn neither mercy or compassion to your fellow creatures, can have • ^ none to expect from the hand of man— Let me therefore, ., * i exhort you, during the short time you have to live, that ,. ;' yo^i do, with a contrite and penitent lieart humble your-, ; '." ' self .befoie God, and seek forgiveness of your sins, through' ' /C ., the merits and intercession of our blessed Saviour, Jesus/ v Vv /-I •',.'• VHRI9T. • » . - • You, EDWARD JORDAN, sliall be taken from, " . hence to the pla^from whence^ you came- and from;^ ', ■ thence to the place of Execution, there to be hanged by, ' the neck until you are dead.— and may God Almighty have mercy upon your soul. MARGARET JORDAN was then put to the Bar,' when his. Excellency the President said— that the Court • had considered the charges brought again t her, and>'^»i*. from some circumstances that had appeared in her favor ' T' ; on the trial, adjudged her not guilty.- , ..- . • * ■■() y. V- :>^^ ^ ♦> V i^p4: !«Ye8terdayEDWARt)'' JORDAN was executed pur- .■^iS-^-.V; suantto his sentence ; and- we arc informed by the Kev. I Si*?M* Clergyman who attended him in his last.moments^that •:v^*^'* ^^ appeared'deeply sensibly of the. ei^ounity of his crimRs« '^** V'!^-' ai)d died sincerely penitent. [f-.:^^- t' It appears by Uie written confession of the unfortunate i^^^i,;;* man, that He was bori^ in th&,pounty of Carlo, Ireland-^ ^■^? the mate of the ,;/*gip^i ;•; schooner, asst'tea in any way in the murJtr of ihoie' " ''I^^^^^V men ; and st/ttes 'that the latter appeared deranged, un-^^ ^rf'-'?^ tiiUhe time of his leaving the vessel } and often iaid^ he " r- ^ ''^ w6uld " putabad endtohiniself." 739. :='J ■ ■^-••> . •/-■•••.'. « • • * ■ ed pur- le Kev. itHr that crimrSf vrtunate ;land~ >r being - 1 in the that in-i rcbelsi nerit oi-, ey were ; of his King's :nt wife New :c-tjand ding his.. , while . ; and, lily oil'' 1 on the ■ ition to- to kill -^ He af. ' e of the >f ihose' - jed, un-r^: iaid^hc V" '■■■■■./'•■■■ :M :■- '■ •■«?••,;■:.■ t i 'I