A.
BRIEF SKETCH
on THE
OCCURRENCES ON BOARD THE
º:G CIRAWIFORID,
ON HER voy. AGE FROM
MATANZAS TO NEW YORK,
TOGETHER WITH
AN ACCOUNT OF THE TRIAL
OF THE THREE SPANIARDS,
Jose Hilario Casares, Felia Barbeito.
and Jose Morando,
ºr ºf CIRCUIT Gourº or aroºroºp,
BEFORE -
CHIEF JUSTICE MARSHALL.
"OF PIRACY AND MURDER,
Committed on board said Brig; with other circumstan-
ces, calculated to illustrate those transactions.
ºf A Mºººº of Tºº BAR.
RICHMOND). -
Bºriſtºrm tº Samuel sºphern & Grø.
ºesºe-tº-






1827.
|
|
Eastern District of Pirginia, to wit:
Be it remembered, that on the twentieth day of July, in the
****** fifty-second year of the Independence of the United
3. L. S. . States of America, Samuel Shepherd and Company, of
***** said District, have deposited in this Office the title of
a Book, the right whereof they claim as proprietors, in the words
following, to wit:
“...a brief sketch of the occurrences on board the brig Crawford,
on her voyage from Matanzas to New York; together with an
account of the trial of the three Spaniards, Jose Hilario Casares,
Felix Barbeito, and Jose Morando, in the Circuit Court of Rich-
mond, before Chief Justice Marshall, for piracy and murder, com-
mitted on board said brig; with other circumstances calculated
to illustrate those transactions. By a Member of the Bar.”
In conformity to the Act of the Congress of the United States,
entitled “An act for the encouragement of learning, by securing
the copies of maps, charts and books, to the authors and proprie-
tors of such copies, during the times therein mentioned.”
- RD: JEFFRIES, Clerk
of the Eastern District of Virginia.







ADVERTISEMENT.
-->eges-
The following narrative of the occurrences on board the
Brig Crawford, and of the trial of the three Spaniards, in the
Circuit Court of the United States at Richmond, before Chief
Justice Marshall, is made out from notes of the Author, ta-
ken during the trial, which he attended throughout. To ren-
der this narrative more perfect, he has availed himself of
facts communicated to him, by the witnesses, in conversations
out of Court, particularly those furnished by Mr. Ginowlhi.ac,
who, from his acquaintance with the Spanish language, and
the confidence which Tardy reposed in him as a countryman,
was better able to explain the motives and views of the
agents in this horrid villainy, than the Mate of the vessel,
who had not the same advantages. He has also availed him-
self of statements, both verbal and written, obtained from the
Prisoners, and has attentively examined all the papers found
in the possession of Tardy and the Prisoners, from which he
has extracted whatever he believed calculated to illustrate the
occurrences narrated. He has given the general import of the
remarks of the Counsel at the Bar, and the opinions of Chief
Justice Marshall. But as those, who have had frequent
opportunities of hearing the opinions of the Chief Justice,
well know, it is nearly impossible to convey the sentiments of
that Judge, with the force and perspicuity with which they
are delivered, unless taken down verbatim; he is sure that
the manner in which they are here presented, is feeble com-
pared to that in which they were expressed. -
Upon the whole, however, he believes that the account here
furnished, is as complete as ought to be required, it being in-
tended rather as a popular narrative of the occurrences at sea
and at the trial, than as a circumstantial report of a Criminal
Cause tried in a Law Court of the United States.
Richmond, July 20th, 1827.

INTRODUCTION.
--eee-
Chief Justice Marshall, having been apprized, in the latter
part of the month of June, when about to close one of the
longest and most arduous sessions ever held by the Circuit
Court at Richmond, that three Spaniards, who had made their
escape from an American brig, then lying in Hampton Roads,
had been apprehended, and that on their examination before
the Mayor of Norfolk, circumstances were disclosed, which
proved them guilty of piracy and murder, ordered, with a
promptness which characterizes the discharge of his official
duties, a Special Term to be held on the 9th of July, for the
trial of the offenders.
On Monday the 9th of July, a Grand Jury was sworn in,
and adjourned till the following day, as the winesses for the
United States had not yet arrived; although Mr. Stanard, the
District Attorney for the United States, informed the Court
that he had received a letter from the owner of the brig, Mr.
Crawford Allen, dated at New-York, informing him that the
Mate of the vessel and the French passenger had left that place
on the preceding 5th of July. The next day, the Court was
again in session, and from the same cause, adjourned till 12
o’clock the day following. On both these days, numerous
persons thronged the Court, anxious to ascertain whether it
was probable that the trial would progress, and the absence of
the witnesses gave rise to various conjectures. On Wednesday
morning, it being previously known that all the witnesses had
arrived in the steam-boat from Norfolk on the preceding even-
ing, the Court was crowded with spectators; and, when the
- witnesses were called to be sworn, it was with difficulty they
could make their way to the Clerk’s table.
The following witnesses were sworn to give evidence be-
fore the Grand Jury, on five indictments which the District
Attorney had prepared to lay before it, viz: Edmund Dobson,
Ferdinand Ginoulhac, Capt. N. G. Dana, Lieut. Robt. An-
derson, Col. Wilson W. Jones, Dr. Robt. Archer, John S.
Westwood, Samuel B. Servant, Joseph Brough, and Adol-
phus Crozet, Professor of the French and Spanish languages,
who was sworn to act as interpreter, at the request of Dr.
John Brockenbrough, the foreman of the Grand Jury.

























6
The Grand Jury having retired to hear the testimony, re-
turned after an absence of nearly three hours, declaring that
they had found the Indictment for Piracy, on which they had
acted first, according to the request of Mr. Stanard, “a true
bill:” and, after some explanation, again retired to consider
of the other indictments, three of which were returned . true
bills” the same evening; and the remaining not being found to
correspond to the evidence as it had been drawn, as well
as the rest from notes furnished by the Committing Magis-
trate at Norfolk, Mr. Stanard withdrew it; and being amended,
it was again submitted on the following day, and also returned
a “true bill.”
The prisoners, having been conveyed from Norfolk to Rich-
mond, but not having as yet been brought into Court, were
ordered up for the following day; and in the mean time, the
Clerk was ordered to make out copies of the indictments.
Judge Brockenbrough, who had held the Superior Court of
Henrico for the trial of criminal causes, having vacated the
Hall of the House of Delegates, in which he had held his
Court, the Circuit Court met on the following day at twelve
o'clock, in the Hall, which, being the most spacious room in
the Capitol, was better calculated to accommodate the nume-
rous spectators, who were expected to assemble to witness the
first appearance of the prisoners. Accordingly, before twelve
o'clock, the Hall was filled to overflowing; and, when the
prisoners were brought in, there was a general press, produced
from anxiety to behold men, who were supposed guilty of the
greatest atrocities. The Marshal of the Court having restored
order, the prisoners were placed in front of the Speaker's
chair, which was to be occupied by Chief Justice Marshall,
who had not as yet arrived.
The appearance of the prisoners, as they sat at the bar, was
remarkable for the perfect composure with which they seemed
to view the scene around them, rendered imposing by the mul-
titude of spectators, the solemn silence which prevailed, and
the black drapery with which the Hall was decorated. Some
of the more acute observers, were of opinion, that when the
sable decorations of the room first met their view, it made a
strong impression upon them, but that the feeling thus evin-
ced, was almost immediately subdued. Their countenances,
although of the darkest hue, were not regarded as ferocious,
and that of Felia Barbeito was generally thought prepossess-
ing. In stature, Casares was of the middle size, Felia rather
below, and Morando above that height; and had they been
seen under different circumstances, all three would probably
have been pronounced likely men.


7
As soon as the Chief Justice had taken his seat, and Mr.
Crozet, the interpreter, had arrived, Mr Stanard suggested,
that it would probably be proper now to arraign the prisoners.
Mr. Schmidt, in behalf of the accused, remarked, that as the
arraignment was part of the trial, and the accused was usually
called upon to plead to the indictment when arraigned, it would
be premature to arraign them then, as it was admitted, that
they had not been furnished with copies of the indictments,
and no Counsel had, as yet, been assigned by the Court to de-
fend them; that the Act of Congress, which declared, that in
all capital offences, the accused should have a copy of the in-
dictment at least two entire days before the trial, intended to
allow a prisoner time to examine the charge preferred against
him, and procure advice as to the best mode of meeting it, &c.
Mr. Stanard, in reply, observed, that it was not his wish to
call upon the prisoners to plead instanter; that he only desired
them to be informed of the nature of the crime with which
they were charged; and that he wished them at the same time
to be apprized of their right to be defended by Counsel, and
that time would be granted them to plead, if asked. The Court
thereupon decided that the indictments should be read and in-
terpreted to the prisoners, but that they should not be called
upon to say whether they were guilty or not guilty of the crimes
therein charged. -
The indictments were accordingly first read by the Clerk of
the Court, and afterwards interpreted to the prisoners by Mr.
Crozet. There were five indictments. One for Piracy, con-
taining two counts; the first charging them with having com-
mitted piracy, as defined by the Law of Nations, and the
second with having committed the same crime as defined by
the Act of Congress, passed the 15th of May, 1820, “to con-
tinue in force an Act to protect the commerce of the United
States,' etc. and to make further provision for punishing the
crime of piracy.” - c
The four remaining indictments charged the prisoners with
the murder of Henry Brightman, Asa Bicknell, Oliver Potter
and Joseph Dolliver, and each contained several counts.
After the indictments were read and explained, the prisoners
were informed that they had a right to be defended by Counsel,
and asked if they were provided with, or wished the Court tº
assign them Counsel. Whereupon, they stated that they wished
Mr. Schmidt to defend them, and pointing to Mr. stanard
who was seated at the bar, expressed a desire that he might
be appointed for the same purpose. It having been explained
tº them that it was his duty to prosecute them, they left the
selection of another Counsel to the Court, and Mr. Benjamin













s
Watkins Leigh, who was not present, was accordingly assigned
them by the Court.
Monday, the 16th of July, having been appointed as the day
of their trial, Mr. Schmidt, on behalf of the prisoners, prayed
that the Court would award that a jury be summoned de me-
dietate linguæ, which, after some discussion, was awarded,
the Court declaring, that though not perfectly satisfied that
the prisoners were entitled to claim it as a right, under the
existing laws of the United States, still, from a desire to afford
the prisoners an impartial trial, it felt disposed to grant their
request, if left to the exercise of its discretion.
The Court further said, that as in the State Courts, the prac-
tice of which was adopted by the Circuit Court, it was admit-
ted that the Judges had at least a discretionary power to award
a jury de medietate linguæ if desired by an alien, and the
Act of Congress which had been referred to, to prove that in
all trials in the United States' Courts, the jurors ought to be
citizens of the United States, did not, in his opinion, prescribe
a practice differing from that adopted by the State Courts,
(here the Judge examined the provisions of that act) it thought
that in deciding on the motion, it was left in the exercise of a
sound discretion, and would accordingly order a jury to be
summoned composed of an equal number of aliens and citizens,
although the execution of such order might, in the present in-
stance, be attended with some inconvenience; and thereupon,
the Court adjourned.
On Friday and Saturday, the Court met merely to adjourn.
On Monday, the 16th of July, the Court met at ten o’clock,
and the prisoners were separately arraigned and pleaded not
guilty, the charges, etc. having been again explained to them
by Mr. Crozet, the interpreter.
In behalf of the accused, Mr. Schmidt read the following
affidavit, which had been previously translated and sworn to
by the prisoners in open Court: -
The affidavit of Jose Morando, Hilario Casares, and Felia:
Barbeito, who stand indicted in the Circuit Court of the United
States for the Fifth Circuit and District of Virginia, for piracy,
by the names of Pepe, otherwise called Jose Hilario Casares.
Courro, otherwise called Jose Morando, and Feliz, otherwise
called Felia Barbeito, witnesseth: That these affiants, judging
from their own observation, and from the information obtained
from others, verily believe, that such is the excitement pre-
vailing against them in the City of Richmond, and its vicinity
for many miles around, that no jury, which could be selected
from the said city and its vicinity, or from either, would be
º
impartial judges of their guilt or innocence, but would be in-
fluenced by preconceived opinions, derived from incorrect
and exaggerated accounts of their guilt. These affiants further
state, that they verily believe, that the accounts circulated in
the news-papers, giving a narration of the occurrences on board
the brig Crawford, on board which vessel, the piracy with
which they are charged, is said to have been committed, have
so prejudiced the public against them, that if at present put
upon trial for the offence, with which they are charged, they
would fall victims to such prejudices. -
These affiants also declare, that if time were allowed them
to prepare for their defence until the month of November next,
when, they have been informed, the Court will again be in
session, they would be able to prove the following facts, to
wit: that such was their situation at the time they took pas-
sage in the aforesaid vessel, that they could have had no pos-
sible temptation to commit the crime with which they are
charged; that they have always borne a fair character in their
own country; that they were amply supplied with money
when they came on board the vessel, in which the piracy is
said to have been committed; that they were going to the
United States in the said vessel, for the purpose of engaging
in commercial enterprises, and were furnished with the means
so to do; that the account given by the Mate of the vessel,
and by the French passenger, before the committing magis-
trate in Norfolk, is incorrect in relation to facts which occurred
at Matanzas, and that in a place where the said witnesses and
the accused were equally well known, to wit: at Matanzas,
the declarations of the accused would be believed in preference
to those of the said witnesses.
These affiants further declare, that they are entirely igno-
rant of the language, institutions and laws of the United States
of America, and that they were informed immediately after
their examination before the committing magistrate at Norfolk,
that they would not be put upon their trial until the month
of November next following the said examination; and that,
in consequence of such information, they addressed letters to
their friends and relations in the Island of Cuba, requesting
their aid in collecting the necessary proofs; but that, as scarcely
three weeks have elapsed since the said letters were forwarded,
it has not been possible, in the ordinary course of communi-
cation between the United States and the said Island, to obtain
answers to the letters thus forwarded, nor do these affiants ex-
pect them until the latter part of the month of August next
ºnsulng | - -

2
10
These affiants further declare, that they are eonfident, that
immediately upon receipt of the said letters forwarded as a
foresaid, their friends and relations would take steps to col-
lect the before mentioned proofs, with all possible speed, and
have them transmitted to the City of Richmond; but that as
the Crawford arrived in Hampton Roads, about the 12th day
of June last, and their letters were not written till some days
afterwards, it is not probable that even the greatest exertions
on the part of their said friends and relations could put them
in possession of them till the month of September next.
And finally these affiants solemnly declare, that they veri-
ly believe, that to put them upon their trial for the offence
with which they are charged, before they have had an oppor-
tunity of collecting the proofs, which they think necessary
for their defence, and before time shall have allayed the ex-
citement, which at present operates so much to their disad-
vantage, would be to jeopardize their lives, by submitting
their cause to the decision of partial judges upon exparte evi-
dence. -
Richmond, July 16, 1827.
The above affidavit was sworn to in the usual form in open
Court by the affiants, the affidavit itself and oath administered
to them being interpreted by ºdolphus Crozet, who was
sworn in Court for that purpose, this 16th day of July, 1827.
R’D. JEFFRIES, Clerk.
Mr. Schmidt, after having read the affidavit, remarked that
he did not deem it necessary to make any observations in rela-
tion to its contents, but submitted the motion for a continuance
supported by the facts, which it disclosed. -
Mr. Stanard, in opposition to the motion, said that he had
been apprised by rumour, that delay was to be employed as a
means to evade the law, and that a continuance was expected
to enable the prisoners to escape with impunity, not because
they were not guilty, but on account of the casualties which
might, and would probably prevent the United States from
again collecting the testimony necessary to establish their guilt.
From what had been disclosed of the evidence, it was known
that there were only two material witnesses, one of whom was
a sea-faring man, and a resident of Massachusetts, the other was
an inhabitant of the Island of Cuba, who had come to the
United States, where his stay was expected to be short, for the
purpose of transacting business. Under these circumstances.
what inducements had he to remain in the United States; and
















11
if he returned to Cuba, as he was assured he would do before
the month of November, what assignable motive could he have
for again returning to this country to give evidence against
those who had at least shewn him mercy? Nay, what security
have we, that the offence may not find impunity by the mur-
der of the witnesses He said that these observations, without
dilating upon others which might be urged, were sufficient to
shew, that he performed an imperious duty in pressing upon
the Court the necessity of looking to the present application
with jealousy and care.
He then went into an examination of the affidavit, and con-
tended with great force, that the facts therein stated were in-
sufficient; that the excitement, if it existed, was directed against
the crime, and not the supposed offenders; that the prisoners,
from their ignorance of our language, must necessarily be unac-
quainted with the state of public feeling; that their own evi-
dence was insufficient to prove it, because it was a fact to be
inferred, not from the feelings of one or two individuals, but
from proofs that such feelings pervaded a great portion of the
community, and that it existed not only in Richmond and its
vicinity, but throughout the whole Eastern District of Vir-
ginia, which was the bailiwick from which the Marshal might
select the jury.
He further contended, that there was nothing in this cause
which would not equally apply to every other, as it was im-
possible to prevent the newspapers (which he thought had
observed unusual eaution in this case) from giving an account
of crimes remarkable for atrocity; and, if this circumstance
was a good reason to delay the execution of the laws, you
might in every case arrest the arm of justice; that it was not
to be expected, that the delay asked would prevent the diffu-
sion of prejudices, or obliterate those already existing; that on
the contrary, reasoning from analogy, it was to be expected
that the excitement, instead of being allayed, would increase
in a geometrical ratio; and that what was at present only felt
in Richmond and its vicinity, would in the month of Novem-
ber, extend to every part of the State, and then be urged with
still greater force, as a cause for postponement.
That as to the facts, which the witnesses are said to have
stated, as having occurred at Matanzas, he did not recollect
that any facts were stated as having occurred at that place, and
he was confident that they were not material; he could not con-
ceive that the witnesses could have had any motive for detail-
ing such-facts, as the crime was committed on the high sea,
and nothing which occurred at Matanzas could be at all impor-
tant, and even if it were, the Court would not listen to the

12
affidavit under such suspicious circumstances, unless the facts
which it was intended to controvert, were fully detailed, and
the witnesses designated. For the law on this subject, he re-
ferred to Chitty's Crim. Law, vol. 1st. And he further con-
tended, that the vagueness of the certificate in relation to these
facts, proved, with demonstrative certainty, that the sole ob-
ject of the motion was delay; and that even if it were not,
there was not reasonable probability of obtaining witnesses;
nay, it was not even alleged that such a thing was probable.
As to the other facts set forth, the sum and substance of
them was to prove the character of the accused; the law, how-
ever, is explicit, that the absence of a witness, who can testify
only to character, is no ground for postponement of trial. The
prisoners were, therefore, not entitled to a continuance on any
of the grounds stated in their affidavit; and the unexampled
atrocity of the charge, as well as the peculiar situation of wit-
nesses, would induce the Court rigorously to proceed accord-
ing to the forms of law.
Schmidt, in reply, said, that in presenting the affidavit of
the accused, and submitting the motion for a continuance,
founded on the facts therein set forth, the great respect which
he felt for the Court, as well as a deep-felt conviction that the
Court would in this, as in every other application addressed
to its discretion, exercise its prerogative with an enlightened
regard to justice, impelled him to silence; and he should still
have obeyed this impulse, had not a sense of duty to his clients
pressed upon him the necessity of replying to the arguments
advanced with such force and eloquence by the Attorney for
the United States. - -
This application, it is true, comes from men accused of
crimes, which the laws of the land punish with death; men,
strangers in this country, unacquainted with our laws, institu-
tions and language; but who are still entitled to an impartial
trial, which those laws grant to every individual, even the
meanest. As a reason for their request, they assign, first, the
excitement prevailing against them. That such excitement
exists, my own observations confirm; nay, it is natural, and
would be honorable, were it merely a virtuous people express-
ing their indignation against a daring and most atrocious of
fence; for, such feelings must be experienced, in a greater
or less degree, by every member of the community. As
to myself, I will freely acknowledge, that I have never
heard of any transaction in real life, nor have I read even in
the wildest fictions, where imagination, rioting 'mid gloomy
images, takes delight in arraying those which were most appall-
º





18
ing, of any scene of villainy, which excited in my breast such
thrilling horror, such bitter indignation, as the recital of the
occurrences in the brig Crawford, as related in the news-papers
of the day; and so strongly were these feelings associated with
the supposed perpetrators of the crime, that it required con-
siderable reflection, ere I could bring myself to believe that
they might by possibility be innocent. What I have thus ex-
perienced myself, I may without violating any rule of just rea:
soning, also suppose to have been experienced by others, and
with this difference, that as few of them have had the same
motives as myself to analyze their feelings, they are probably
still highly unfavorable to the accused. To prove that these
conclusions are just, and founded on a knowledge of human na-
ture, I might appeal to the history of every age, the experience
of every day, which shew the facility with which public indigº
nation, is directed from the crime to the individual, charged
with the commission of some heinous offence. Without ad-
verting to the periods, when at Rome a single offence caused
the expulsion of the Tarquins, or the destruction of the Dece-
moirs, I might, from the annals of our own country, the in-
habitants of which are, perhaps, the most orderly on earth, se-
lect numerous facts to prove the overwhelming effects of po-
pular excitement, and the resistless influence which it exerts
over its unhappy victims. It is said, however, that no such
excitement exists; or if it does, it is directed against the crime,
and not the offenders; that witnesses ought to be brought to
prove its existence, &c. In reply to this, I beg leave to
observe, that if it be true, as I suppose, that it prevails, its
very existence would preclude direct proof, as no individual
would be willing to acknowledge that he was actuated by pre-
judice against the prisoners in forming his opinion of their
guilt or innocence; for, the moment he made such acknow-
ledgment, if an honest man, he would suspend his opinion;
but, if we may infer its existence from circumstances, which
in my opinion is the only mode by which, in this case, we can
arrive at any proof, I think such may be adduced as will prove
its existence conclusively; and I would advert, in support of
it, to the argument addressed by Mr. Stanard to the Court on
this motion; in which, instead of adopting the maxim of the
law, which declares that every man shall be presumed inno-
cent till proved guilty, he has not only taken for granted the
guilt of the accused, but had the boldness to suppose that these
men, in order to screen themselves from the punishment which
awaits them, seek to obtain delay; that by committing another
crime, the most revolting which the imagination can possibly
suggest, they may get rid of the witnesses which appear against



14
them. Is it to be believed that that gentleman, who is remar-
kable for his discrimination and humanity, would have been
capable of forming such a conclusion, if an undue excitement
had not influenced his deliberations 2
It has also been said, that the excitement which exists now,
will operate with increased energy, in the month of November.
This, I cannot believe; for, all passions which operate with
great violence on the human mind, are from their nature, ne-
cessarily of short duration: man is so constituted, that he can-
not long experience them with the same intensity, and his
mind insensibly resumes that calmer tone of feeling, better
adapted to his nature; besides, many events will intervene
between this and the month of November, to divert the atten-
tion of the public, allay the excitement, and enable us to ob-
tain an impartial jury. It has not been urged, and could not
with any degree of plausibility, that the accused would have
any desire to keep up this excitement; their ignorance of our
language and their friendless situation, would render it impos-
sible, even if they entertained a wish to do so.
Courts, both in England and the United States, have, in all
instances of strong excitement, and more particularly in cases
of life and death, granted the accused time. Thus, in Doctor
Hensey’s Case, Lord Mansfield of his own accord, without any
application, granted the accused a month in addition to the
time allowed by law, to prepare for his defence.
If this, then, were the only ground for the application, I
should rely with confidence on its sufficiency, and on the wil-
lingness of the Court to interfere to protect the prisoners. But
there are others: It is said that this offence was committed on the
high seas, and it is admitted that the two witnesses, who were
present at the time when it is said to have been committed,
are the only that are material; one of those is said to be an in-
habitant of the State of Massachusetts, the other of the Island
of Cuba: that the character of either of these witnesses, is
known to any one in the City of Richmond, is not pretended,
and we are entirely ignorant of their past life and conduct.
And, as in every case, where a jury has to decide on the
force and effect of evidence, its opinion will be influenced by
a knowledge of the character of the witness, a person accused
has a right to prove, if he can, that the character of the wit:
ness is such that he is not entitled to belief. The question of
credibility must always depend on the knowledge, disinter-
estedness, integrity and veracity of the witnesses; and that they
are deficient in knowledge of the facts to which they testify:
are biased; expect to derive benefit from the conviction; have
been convicted of infamous crimes, or are capable of uttering
15
deliberate falsehoods, under the solemn sanction of an oath,
&c. are circumstances which may be given in evidence, to
shew, either that they are wholly unworthy of credit, or that
allowance ought to be made for the influence of all or either of
these circumstances, on their testimony. Nay, the facts to which
a witness deposes, may also be tested by their conformity to
experience, and in every one of these aspects, the facts which
the prisoners believe that they would be able to prove, if time
were granted, are material.
As to character, every human being accused of a crime has
a right to shew his character; the weight of such evidence
must of course be considered by the jury, and it is fair to in-
ſer, that it would require much stronger evidence to convicta
man of a crime, who had always sustained a fair character, than
one whose character was entirely unknown. In this particu-
lar instance, it is of the utmost importance, not only because
the prisoners are strangers, but because they are Spaniards,
who, with us at least, have acquired the reputation of being in
the highest degree ferocious, and reckless of human life, with
what justice I cannot undertake to determine.
When, in addition to this, it is recollected that the expecta-
tion has already been held out to the prisoners, that they would
not be tried till the month of November, that they have writ-
ten to their friends in the Island of Cuba to this effect, and that
it is totally impossible for them, at least for some time, even
to hear from their friends and relations, much less to procure
their aid; it seems to me, if not cruel, certainly in the highest
degree rigorous, at present to press their trial.
The fears expressed by them that they will not have an im-
partial trial, is also entitled to some indulgence; these fears are
natural to foreigners, unacquainted with our language and laws,
and if a Court ought ever to be influenced by considerations
of national honor, I think this a fit occasion, when the honor
of the United States is interested, in convincing these unfor-
tunate men, that they have nothing to fear but the laws, to
which all are equally amenable. -
As to the manner in which the facts in this certificate are
presented, it has nothing suspicious. The affiants state, “that
from their own observation,” &c. Their ignorance of the lan-
guage does not prevent observation, as the actions of men, the
expression of the countenance, &c. are much better criterians
ºf their feelings than verbal declarations; these the prisoners
have had opportunities of examining, both in Norfolk and
Richmond, and their situation was calculated to make them
acute observers, - -


16
The other facts are such as are certainly not improbable,
and had it been the intention of the prisoners to obtain time at
all events, they could easily have made out a certificate, which
no judge could have thought insufficient to support the appli-
cation. As to the inconveniences which must attend the delay
asked, they are formidable; the greatest, however, is the diffi.
culty of again collecting the witnesses, and this does not to
me appear insuperable. I should certainly regret iſ a con-
tinuance were eventually to defeat the ends of justice; for,
although as Counsel for the accused, it is my duty to attend to
their interest, yet my duties both as advocate, citizen and
man, forbid me to do any thing to obstruct the execution of
the laws, or so to act as to defeat their operation; but, so fully
am I convinced of the propriety of the delay for which I ask,
that be the consequences what they may, I must request it,
otherwise I would not perform my duty. The Court, however,
in the absence of all proof of the fact, will not presume that
the witnesses would not attend if so ordered, at the next term.
It seems to me, that both have the strongest motive for being
punctual in their attendance, the inconveniences of which, are
not so very formidable; for, admitting that they would forego
the gratification of revenge, is not their character at stake, and
would not their absence give reason to suspect that fear of being
implicated in the horrid transactions, which they pretend to
have witnessed, has prevented their return?
I am confident that the Court, in deciding upon the appli-
cation of the accused, will not subdue the sentiments of pity
which plead in their behalf, as friendless and desolate foreigners,
who stand before it for life and death, unless such sentiments
be manifestly opposed to the stern and imperious dictates of
justice. - -
The Court then examined the grounds on which the motion
was made, and declared, that it was convinced that no such ex-
citement existed, as would prevent the prisoners from having
an impartial trial; that if it prevailed, it must have been pro-
duced by the accounts circulated in the newspapers, and not
by the sight of the transactions. It was true, that our feelings
might be strongly affected by the mere narration of some horrid
outrage; but not probable that such narration would so sway
the understanding, as to prevent it long afterwards from exer:
eising the judgment. The sight, indeed, of some frightful
object or some bloody catastrophe, may affect the mind so
strongly, as for sometime to deprive it of the coolness and
equipoise necessary to deliberation; but, as in this particular
instance, the crimes were committed on the high-sea; it was



















17
impossible that any person, who would be called upon to act as
a juror, could have any knowledge of the transactions, derived
from actual observation. It was the duty of the Court, impar-
tially to administer the laws; and in the discharge of this duty,
it was as much bound to prevent the guilty from escaping
punishment, as it was to protect the accused in their right to
an impartial trial. It felt desirous to do both, and as it was
admitted, that if the witnesses were discharged it would be
difficult again to collect them, the Court would feel constrain-
ed to order them into close confinement until November next,
should it grant a continuance. This would be a positive evil,
to which it would not resort unless it was absolutely necessary.
The Court could not see any reason why the accused could
not now have an impartial trial. The evidence which they
wished to procure, might not be obtained, but admitting that
it could, would it have any bearing on the charge? The of.
fence was committed on the high-sea, and was expected to be
proved by persons, who were eye-witnesses. In this aspect,
neither the character of the accused, nor occurrences in the
Island of Cuba, could have much influence on a jury, who
would have to determine whether the facts proved, left no rea-
sonable doubt of the guilt of the prisoners. The Court fur-
ther declared, that it was certain that it felt no prepossessions
unfavorable to the prisoners, and that as it possessed the power
to protect them, it would certainly exercise that power, and
grant a new trial, should it have the least reason to believe,
that prejudice had influenced the verdict of the jury.
The motion was over-ruled.
[The above is but a slight sketch of the opinion of the Chief
Justice, as the low tone of voice in which it was delivered,
and the motions of the spectators, pressing forward to hear
what was said, prevented many parts of it from being dis-
tinctly understood.]
Mr. Leigh, who had been prevented by pressing business,
from examining the indictments till that very morning, and
who had not even seen the prisoners till he arrived in Court,
while the motion was pending, took no part in the discussion.


ºº: ºf AI.
-->eºeº-
The prisoners having requested to be tried separately, the
venire (de medietate linguæ) was called, and Pepe, alias Jose
Hilario Casares, was first put upon his trial. Each juror was
sworn to answer questions, and examined by Mr. Leigh for
the purpose of ascertaining whether he was prejudiced against
the accused. The prisoner having made peremptory challenges,
and challenges for favor; about half-past one, a jury was im-
pannelled, consisting of Thomas Muir, Charles H. Hyde,
Thomas Williams, Edward Byrnes, Francis Larmand, Wil-
liam Pollard, Willis Cowling, Nehemiah Tichenor, William
M. Harris, Richard Whitfield, John B. Valentine and Rix
Jordan.
Mr. Stanard opened the cause on behalf of the United
States, and said; that in discharge of his official duty, he was
called upon to give a narrative of the facts connected with the
charge. He believed, that the testimony would disclose acts
of such cold, deliberate and heartless wickedness on the part
of the prisoner at the bar, and his associates, as were seldom
met with in the annals of any country, even in the older
Governments of Europe, and which had happily hitherto been
entirely unknown in this country: that although the evidence
would furnish proof of obdurate villainy, perpetrated with un-
exampled boldness and cruelty, still he had no wish to press
the evidence beyond its natural import, as he was confident
that a simple narrative of the circumstances attending the per-
petration of the crimes, could not fail to fill every human
breast with horror. He then recapitulated briefly, the facts
which he expected would be proved, and in conclusion said,
that if after having heard the evidence, the jury should still
entertain a reasonable doubt of the guilt of the prisoner, it
would be their duty to acquit him.
Mr. Leigh, on behalf of the prisoner, remarked, that hav-
ing been assigned as Counsel for the prisoner, by the Court,
it was his duty to see, that he had a fair trial; and this he was
confident, from the character of the Court, Counsel and Jury,
would be secured to him; that as Counsel for the defendant,







19
he had an additional duty to perform, which was, to examine
the manner in which the charge against him was preferred,
and take advantage of every legal defect. It was also his duty
to remind the jury, that the defendant had pleaded not guilº,
and that in consequence, it was incumbent on the United States
to prove every material fact and circumstance which consti-
tuted the offence. That he had not the advantage of knowing
beforehand, what facts could be proved, this was the peculiar
privilege of the Counsel for the United States, he should there-
fore content himself with repeating what had been candidly
admitted by the Counsel for the United States, that if the evi-
dence was of such a character as to leave a reasonable doubt of
the guilt of the prisoner, it was the duty of the jury to acquit him.
The witnesses, who had been previously sworn, were then
called; and first, -
Edmund Dobson, who carried his left arm in a sling, was
about 5 feet six inches high, well made, had fair complexion,
light hair and eyes, and an open and engaging countenance,
declared, - -
That he sailed from Providence, Rhode Island, as mate of
the brig Crawford, about the 6th of April, 1827; that the said
brig, which was loaded with a general cargo of American pro-
duce, was bound for Matanzas, in the Island of Cuba, and be-
sides Henry Brightman, who was captain of the vessel, was
manned by the following crew, viz: Joseph Dolliver, Oliver
Potter, Asa Bicknell, Nathaniel P. Deane, and Stephen Gibbs,
a colored man, who was cook; that the vessel was built at
Troy, in Massachusetts, where he had assisted in rigging her;
that she was first registered at Deighton, and shortly before her
last, which was her second voyage, at Providence; that after
arriving at Matanzas, they took in a cargo of molasses, coffee
and sugar, to be delivered in New-York.
While they were loading at Matanzas, and about eight or
ten days before they were ready to sail, capt. Brightman in-
formed him that he expected some passengers, and upon en-
quiry stated, that he believed two or three were Spaniards and
one was a Frenchman. A few days afterwards, Tardy, who
assumed the title of Doctor, came on board, entered into con-
versation with the Captain, whom he proposed to furnish with
medicine to cure the Asthma, with which he was dreadfully
afflicted. Tardy remained in the vessel that night, and on his
return to shore in the morning, sent the Captain three Phials,
containing some medicine, which he used, and thought bene-
ficial. About three days before the departure from Matanzas,

20
Felix and Courro came on board the vessel in the evening,
carrying a small iron bound box, which was very heavy, and
which they said, contained $17,000. They also stated, that
they had great difficulty, and were compelled to use many
precautions, in bringing it to the vessel, as the Police of the
City was constantly on the alert, for the purpose of detecting
specie, the exportation of which was prohibited. Felix seem-
ed particularly anxious that the box should be put in some safe
place, where it might not be found, should the vessel be
searched, and accompanied the witness, who by direction put
it in a locker, under the birth in which the Captain slept, with
which disposition of it he seemed perfectly satisfied Felix
continued on board from this moment until the vessel sailed,
and was continually about the cabin, as if anxious to watch the
spot which contained his pretended treasure. Courro also con-
tinued in the vessel, but as he was steerage passenger, he con-
fined himself to the forecastle. On Saturday the 26th of May,
in the morning, Tardy and Pepe came on board, and in the
evening of the same day Mr. Ginoulhiac arrived. They ex-
pected to leave Matanzas that day, but the mercantile house
to which they were consigned, having failed to procure the
necessary documents, their departure was delayed. The ves-
sel was hauled out from the shipping on Sunday, and sailed on
Monday the 28th of May. When the brig left the port there
were aboard, the following passengers, to wit: Alexander
Tardy, Ferdinand Ginoulbiac, Felix Barbeito, Jose Hilario
Casares, Jose Morando, an American, and an Irish Carpenter,
names not known, and Mr. Norman Robinson, who was part
owner of the cargo. The three Spaniards, Casares, Morando and
Barbeito, designated each other familiarly by the appellations
of Pepe, Courro and Felix, and seemed acquainted with each
other, and with Tardy. The brig proceeded on the voyage
with variable winds, until the 30th of June, when from an
observation taken, they found themselves in latitude 27 de-
grees 41 minutes N. and longitude 79 degrees W. On the
morning of the 31st of May, the wind being light, and the
weather fair, the witness sat down to breakfast on deck with
Tardy and the other cabin-passengers. Captain Brightman
was indisposed and confined to his birth. During breakfast,
Tardy acted as Master of Ceremonies, and helped the witness
to bacon, fried eggs and a bowl of chocolate; in handing the
latter to the witness, a portion of it was spilt, which Tardy,
with officious politeness, insisted on replenishing, and was per-
mitted to do, the act at the time being regarded as a civility,
and excited no suspicion. After breakfast, witness descended
into the cabin, for the purpose of taking some repose, as the

2.
sickness of the Captain had compelled him to spend the pre-
ceding night on deck. He had hardly reclined on his bed for
this purpose, when he was attacked with a violent head-ach,
throbbing about the temples, and sickness of the stomach.-
Unable to account for this sudden indisposition, he sent for
Tardy, who having felt his pulse, and inquired into the symp-
toms of the disease, declared that he had bile on the stomach,
and recommended an emetic. Mr. Robinson, who in the
mean time had descended into the cabin, and overheard Tar-
dy’s prescription, dissuaded him from taking an emetic, at least
then, and advised him to seek repose, to which he consented;
but finding the heat of the cabin oppressive, he had his ma-
trass brought on deck, notwithstanding the remonstrances of
Captain Brightman, who expressed great apprehension, that
his own indisposition, and that of the witness, would prevent
the vessel from being properly managed.
On deck, his sickness, attended with constant vomiting,
continued throughout the day, and it was not until 8 o’clock
in the evening, that he felt somewhat relieved. During the
day, he had a conversation with Mr. Robinson, who commu-
nicated his fear that an attempt had been made by the Spaniards
to poison them, as the whole crew seemed to be sick; and who
proposed, that to guard against any thing of this kind for the
future, their own cook should prepare food for the crew and
the other passengers, while Courro, who was the servant of
Felix and Tardy, might act as cook for the Spaniards. So
vague, however, were these suspicions, that the witness had
resolved to take Tardy’s medicine the next morning, if he did
not feel better. In the mean time, the witness continued on
deck and obtained some repose. At 12 o'clock, when it was
his duty to take charge of the watch on deck, he was called
up, but the night being calm, and the vessel making but little
way through the water, he did not think it necessary to turn
out. Dolliver, who had at this time taken the helm, was di-
rected to wake him, should a breeze spring up, or any thing
occur which would make it necessary to change the course of
the vessel; and thereupon, having adjusted his matrass on the
starboard side of the quarter-deck, between the hen-coop and
a water-cask, he fell asleep. His sleep had continued, as he
supposed, about an hour and a half, when he was waked by
dreadful shrieks proceeding from various parts of the vessel.
Apprehensive that they had been attacked by Pirates, as they
were yet in the Gulph, he inquired what was the matter,
started up and ran forward. At the forecastle he saw a man
standing, who held a knife in his hand, which was raised; as
he approached, the man assumed the attitude of striking, and

22
on turning to avoid the blow, he received a stab in the left
shoulder. This man was Pepe, Hastening across the deck,
he saw a man, whom he supposed to be the Captain, leaning
against the side; he called to him, but received no answer.
Approaching the main rigging, he beheld Potter supporting
himself by the railing, with his hands before his stomach,
mourning piteously. As he recognized the witness, he in-
quired if they could get nothing to defend themselves with:
witness seized a handspike, which was taken possession of by
Potter. They then ascended the main shrouds, whither Dol-
liver had already retreated, and as the witness was going aloft,
the blood of his fellow-sufferers, which descended in a shower
upon his head, inspired him with such horror, that he was al-
most incapable of advancing. On reaching the cross trees,
Potter fainted, and would have fallen, had it not been pre-
vented by the exertions of himself and Dolliver, who was also
badly wounded, and declared, when called upon to assist Pot-
ter, that he was hardly able to support himself. In the mean
time, Potter reclining on the breast of the witness, recovered,
and declared that he must die, as his intestines protruded
through the wound, seemed much affected, and spoke of his
mother and sisters, whose fate, when deprived of his support,
he deplored. He proposed as an act of safety, to cut away the
rigging, but this the witness opposed, not only because they
had no instrument with which to effect it, except a jackknife,
but because such an act would exasperate their enemies, who
were on deck and possessd fire-arms, which might be used for
their destruction. Potter, however, was resolved to cut the
rigging, and having got possession of the knife, began to cut
the hallyards. Dolliver, being asked by the witness who took
the helm from him, related, that about half after one, Tardy
came on deck, looked into the binnacle, and asked him how
he was steering; that on stooping down to ascertain the course
with more precision, he received, in rapid succession, two
cuts across the throat, and immediately fled to the rigging –
While remaining at the mast head, witness heard something
thrown into the water, and supposed at the time that two dead
bodies were thrown overboard. Witness also heard the voi-
ces of two men swimming in the water, and recognized them
to be Nathan and Mr. Robinson. Nathan approached the vessel
and entreated that a barrel, a plank, oar or something might
be thrown out to support him, as he was ready to sink. His
entreaties, which were addressed to the Spaniards, in broken
Spanish, were either unheeded, or answered with threats.-
Mr. Robinson, who had kept further off from the vessel than
Nathan, now swam to the side, and addressed himself to the



23
men aboard. As he spoke in Spanish, witness could not un-
derstand what he said, but from hearing the term barrel, fre-
quently repeated, he supposes that the import of his conver-
sation was similar to that which he had previously heard from
Nathan. At one time, the Spaniards seemed willing to grant
his request; but when he approached, they seized the greins,
(an instrument resembling a harpoon) and stood prepared to
strike him. As the night was calm, the sky clear, and the
stars shone with great brilliancy, the witness was able to dis-
tinguish conspicuous objects on deck, and especially the Span-
iards, who were calling to each other, and were in constant
motion. In the mean time, the vessel was carried gently
along by the Gulph stream, and the voices of Nathan and Ro-
binson, which became fainter and fainter, died away. Tardy
then called out in a loud voice, “Mr. Dobson, where are
you?” Witness replied, “in the main top.” Tardy again
asked, “are you wounded,” and being answered “yes,” re-
quested him to come down. Witness refused; but upon re-
peated assurances from Tardy, that if he came down his life
should be spared, he descended, notwithstanding the remon-
strances of his companions, who implored him, as he valued
his life, to remain where he was. When he reached deck, he
was immediately surrounded by the three Spaniards, and some-
time afterwards Tardy approached him. Tardy began to ques-
tion him about the box which Felix had brought aboard, and
what had become of it. Witness replied, that he had seen the
box and put it in the Captain’s state room, but could not tell
what had become of it. Tardy then explained to him, that
the Spaniards had applied to the Captain for the box, and upon
his refusal to give it up, they, believing that he had put it
ashore at Matanzas, had resolved, instead of going to the U.
States, to seek a precarious redress from the laws, to take the
law in their own hands, and had accordingly killed the cap-
tain and taken possession of the vessel. That, as the deed was
now done, it would be useless to go to the United States, and
they had determined to sail for Europe, and if the witness
would assist them, they would not only save his life, but he
should be well paid for his services when the cargo was dis-
posed of
The Spaniards accompanied this explanation with curses
against Captain Brightman, and the witness having consented
to do whatever was asked, obtained permission to lie down.
He retreated to the quarter-deck, where he threw himself on
a matrass, faint from the loss of blood, and greatly agitated
by the scenes which he had witnessed. Tardy again accosted
him to know who was at the maintop, and having been told

24
that Dolliver and Potter were there, they were called, and re.
quested to come down separately. At first they refused; but
finally, upon repeated assurances from Tardy that no harm
should befal them, Dolliver came down; but hardly had his
foot touched deck, before he was stabbed by Courro, and pushed
overboard by Pepe. On falling in the water, Dolliver still
retained life, and addressing himself to Potter, told him to die
where he was, and not to come down, for if he did, he would
certainly be killed. He then addressed himself to the Span-
iards, and called them barbarous and blood-thirsty wretches,
equally destitute of courage and humanity. His voice was
soon silenced by the waves. Shortly afterwards, Potter fell
from the rigging, and as he struck the ocean in a heavy man-
ner, and no struggle was heard, witness supposed that he had
either fainted or was dead. By this time day began to dawn,
and he saw Pepe and Courro come on deck with two muskets,
which they loaded in sight of the witness, who believed that
it was their intention to shoot the cook, who had fled to the
foretopmast, where he had concealed himself in the sail. He
saw them advance to the forecastle and call up some one from
below, whom he recognized to be Asa Bicknell. This poor
fellow seemed wounded, and writhing with agony, a bandage
surrounded his body, and he was either ordered, or threw
himself voluntarily overboard, and in the act of falling, was
shot at by Courro, whether with or without effect, he cannot
tell; but when in the water, Pepe discharged his piece at him,
and from the shriek which followed, he supposes that it took
effect. -
The Spaniards now approached the quarter-deck, and as it
was day, he could distinctly perceive, that two of them had
nothing on but their trowsers, confined with handkerchiefs,
tied around the waist; the third had on, in addition to his trow-
sers, a Guernsey frock. Each of them was armed with a long
sharp-pointed knife, confined to the side by the handkerchief.
Their hands and clothes were besmeared with blood, and their
appearance hideous. One of them descended into the cabin with
a rope, which, having fastened it to something, Pepe drew it
on deck. It was a dead body, and by the bent of one of the
legs, he recognized it as the body of the Irish carpenter, who
had broken his leg, which, from having been improperly set,
was crooked. The body was thrown overboard, and then the
cook was called. After repeated assurances of safety, he came
down and was ordered to go to work and cook breakfast. The
Spaniards having thus completed the work of destruction, set
up loud cries of exultation, and intoxicated with their success,
walked about the deck, which, as well as the sails and rigging,


25
was every where dyed with blood. They occasionally resorted
to a bottle of liquor, placed on the hen-coop. Tardy remarked
to the witness at the time, that Spaniards could drink a great
deal; that these men had been drinking all night without being
sensibly affected by it, and that it was unusual to see a Span-
iard drunk. They then set about cleaning the deck, and
seemed anxious to remove every trace of the murders they
had committed. The deck and rigging were washed, and the
sails painted to conceal the blood with which they were stain-
ed. Tardy, taking compassion on the situation of the witness,
sent to the cabin for the medecine-chest, and applied himself
to dress his wounds. Perceiving that the witness was greatly
alarmed, he endeavoured to soothe him; he represented his
wound as a mere scratch, and said he could shew fifty scars
from wounds more dangerous. He also assured the witness,
that if he would remain in the vessel, and assist them, his life
should be as safe as his own; that he ought not to be afraid of
the Spaniards, who were mere brutes, as he knew how to gov-
ern them. Witness asked to be brought into the cabin, and
when raised for that purpose, he fainted. How long he re-
mained in this situation, he does not know; recollects that he
was roused by some noise, and on opening his eyes, saw Felix
in the act of breaking open his chest. He pointed out by signs,
the place in which he would find the key; saw him open the
chest, and take out a pocket-book (which was now in Court)
containing a three dollar bank note, and about two dollars in
small change. He took also twenty-five dollars in silver, and
some articles of clothing. In the course of the day, all the
papers belonging to the brig were torn up and thrown over-
board; all the trunks and chests, which belonged to the pas-
sengers and crew, were overhauled, and after such articles as
pleased the Spaniards were taken out, thrown overboard. The
American Flag was destroyed, and materials were produced
for making a Spanish Flag, which Mr. Ginoulhiac was re-
quired to put together. Tardy then informed the witness,
that he intended to go to Hamburg, and that he was provided
with papers for such a voyage. He said that he had pur-
chased these papers in Havana; that they cost him nine doub-
loons, and that before he sailed for Europe, he wished to put
in at some port to procure fresh provisions, and ship a crew,
as the Spaniards were no sailors. At his request, witness in-
formed him how to steer for St. Mary’s. In the course of the
day, he saw the Spanish papers, which are the same exhibited
in Court, and heard Tardy say, that if the officer from whom
he procured them, were known to the Government in Ha-
vana, he would lose his place. Had conversations with Tardy


- 4.
20
about the manner of managing the vessel, from which he dis-
covered, that he knew very little about seamanship. Felix
was the next in command, and was the only one of the Span-
iards, who knew how to steer. It seemed to be the wish of
Felix to soothe his fears, and he made him understand that he
had nothing to apprehend, and that if he assisted them, he
should, on their arrival in Europe, share equally with Tardy
and himself; that as to the other Spaniards, they would give
them very little. Witness endeavoured to make himself use-
ful, by shewing them how to keep the Log book, which they
had begun in Spanish: he also gave directions how to steer
and manage the sails. Indeed, such was his alarm for his own
safety, from what he had seen of the Spaniards, that he would
have done anything they ordered, even had it been to sink the
vessel, or throw himself overboard. Contrary winds prevented
their entering at St. Mary’s, and after cruising off the mouth
of that river for two days, witness proposed that they should
go to Savannah; to this Tardy objected, as he said he was
known there. Witness then proposed Charleston, and said if
he would sail to that place, he could take him over the bar
without a pilot. But this he also refused, saying that he was
too well known in Charleston, as he had lived there, and failed
in business. -
It was finally resolved to go to Norfolk, and they accord-
ingly shaped their course for the Capes of Virginia. Tardy
proposed, that they should anchor in the Chesapeake, and re-
main there while he went to Norfolk and procured hands and
provisions. This the witness opposed, alleging that he was
afraid of the Spaniards, who, when not restrained by the pre-
sence of Tardy, would probably take his life. Tardy endea-
voured to remove his fears by saying, that if they did, he
would sink both them and the vessel; that he would tell them
so; and that when he went to Norfolk, he would buy him a
pair of pistols. A list of the articles to be bought, were made
out by the Spaniards, including wines of different kinds, poul-
try, pickle, clothing, &c. but particularly some good knives.
It was calculated that these articles would cost upwards of three
hundred dollars, and Tardy said that, unknown to the Span-
iards, he had added fifty dollars, to buy pistols for himself and
the witness. When they arrived at the Capes, they were spo-
ken successively by three pilot boats. Tardy answered their
hail by saying, that it was a Spanish vessel coming from Ma-
tanzas and bound to Hamburg, and refused to take a pilot, Pre-
tending that he had no occasion, as he was well acquainted with
the bay. -



27
Tardy in the mean time addressed himself to the witness,
and told him that he had saved his life; that the least hint from
him to the Spaniards would have caused his destruction; and
asked if he could depend on his silence. That, in reply to
this, witness assured him that he could, and said every thing
he thought calculated to inspire confidence. Tardy seemed
satisfied, and told the witness how to act, should a pilot come
aboard. He told him to be silent, or if he attempted to speak,
to use some Spanish expression, as senor, usted, &c.; that he
would call him Smith, to which name he must answer, and
that he would occasionally seem angry, to lull suspicion.
They were again hailed by a pilot-boat, and Tardy again
refused to take a pilot. Not having understood the answer,
a pilot came alongside the brig, and witness having persuaded
Tardy that his refusal might excite suspicion, especially as the
name of the vessel was not on the stern, he consented to take
a pilot. Witness thought of availing himself of this opportu-
nity of escaping, by leaping into the small boat, which brought
the pilot, but apprehensive that the representations of Tardy,
would induce the pilot to think that he was either mutinous
or deranged, and expecting that a better opportunity would
offer, he resisted the temptation. Tardy entered into conver-
sation with the pilot, and told him that he was going to Nor-
folk to lay in provision and ship hands; that he had been
boarded by a Spanish Frigate, which had carried off four of
his best hands, that those which remained, were no sailors
except Smith, who was at the helm, and who was an English-
man by birth, but had lived for many years in Spain, and
spoke only Spanish. Some conversation also ensued in rela-
tion to a little dog, which the pilot asked Tardy to give
him, and which he refused, saying that it belonged to Smith.
Witness then told the pilot in English, that he could not
give him the dog; upon which, the pilot remarked that he
thought from his appearance that he was an American or
Englishman, and no Spaniard. This conversation excited Tar-
dy’s suspicions, and he afterwards watched him so closely,
that he had no opportunity of speaking to the pilot. About
six o'clock in the evening on the 12th of June, they came to
anchor at Old Point Comfort, about a hundred yards from
shore; and while the Spaniards and the Cook went aloft to
furl the sails, Tardy prepared to go ashore. He again ad-
dressed himself to witness, and asked him if he could de-
pend on his fidelity, and offered to purchase any thing he
wanted, and also give him one hundred dollars. Witness
refused the money, asked him not to forget to buy him a pair
of pistols, and persuaded him that he was perfectly contented,
28
and would not betray him. He offered to prepare the boat,
but Tardy told him not to take the trouble, as the men would
shortly be down. He then offered to remove the water with
which the boat was filled, which he was permitted to do, and
while thus employed, a small boat rowed by two black men,
passed the vessel. In this boat was a white person, who ac-
costed Tardy either in French or Spanish. By this time, the
men aloft having furled the sails, were about to come down;
and the witness apprizing Tardy of this, told him that if he
would lower the boat and hand him an oar, the witness would
bring it to the side. Seeing the men in the act of descending,
Tardy and Mr. Ginoulhiac lowered the boat, and as soon as
he had unhooked the tackles and gotten an oar, he sculled to-
wards shore. When Tardy saw that he was not coming along-
side, he said, “Mr. Dobson, are you going to betray me?”
The witness answered “no;” and this was the last word he
spoke to Tardy. As soon as he got ashore, he communicated
the occurrences on board the brig, to the officers at Fortress
Monroe, who took possession of the vessel. At Norfolk, had
a survey of the vessel, and found in the chests of the Spaniards
some articles of clothing, which had belonged to the crew and
Mr. Robinson, and the Log-book kept by Tardy in Spanish.
(These articles were exhibited in Court.)
The style in which the preceding narrative was told, was
plain and unaffected; the witness seemed subdued by sorrow
and suffering, and though his tone was firm, it was apparent
that no angry emotions had influenced him to give an exagge-
rated account of what he had seen. The sympathy of the
audience was deeply enlisted; a profound silence was preserved
throughout the whole narration; and when it terminated, there
did not appear a man present, who was not convinced of its
truth. Even the Counsel for the prisoners seemed to think it
impossible to impeach the veracity of the witness; and their
cross-examination, conducted with a view to discover contra-
dictions, tended only more fully to shew, that the transactions
were too indelibly impressed on his mind, to permit them to
elicit any thing, but what would confirm his statement.
The witness candidly admitted, that many circumstances,
which had made a strong impression upon him at the time
when they occurred, were, owing to the anxieties he had since
experienced, effaced from his recollection.
Mr. Ferdinand Ginouſhiac, who had been previously
sworn, was then called. He was about six feet in height, with

29
fair complexion, blue eyes, brown hair, well made, remarka-
bly erect in his carriage, and of prepossessing appearance.
Being unacquainted with the English language, Mr. Crozet
interpreted his testimony, which was to the following effect:
That he was a native of St. Hipolyte, a town in Langue-
doc, in France, and had resided in the Island of Cuba seven
years, some part of which he had spent in the interior, but had
lived for the three last years in the town of Matanzas, where
he kept a retail store. That being desirous to go to the City
of New York for commercial purposes, he procured, through
the agency of Mr. Howland, an American merchant at Ma-
tanzas, a passage in the brig Crawford, and went, accompanied
by Mr. Robinson, aboard the vessel on the 26th of May. That
he found Tardy, three Spaniards, called Pepe, Courro and Fe-
lix, and two persons who spoke English, already aboard, and
occupying the cabin as passengers. That during the first days
of the voyage, which began on the 28th of May, he was sea-
sick and stayed on deck, and had occasional conversations with
the Spaniards and Tardy, neither of whom, he thinks, he had
ever seen before, and observed nothing in their conduct which
gave rise to suspicion. He observed on the 31st of May, that
immediately after breakfast, which consisted of chocolate, fried
eggs and bacon, almost every person on board was taken sick
and vomited, and the mate seemed more affected than the rest,
and continued vomiting throughout the day; he thought it arose
from sea sickness, and it excited his surprise, that persons ac-
customed to the sea, should be thus affected. On the evening
of the 31st, he spread his matrass on the quarter deck, on the
starboard side near the helm, and slept, as he supposed, till be-
tween two and three in the morning, when he was aroused by
dreadful cries, which made him start on his feet. He found
Tardy at the helm, and asked him what was the matter. Tar-
dy seized him by the arm, and told him to be still and remain
where he was, and no harm would befall him. While standing
near Tardy, he saw, at the distance of two or three yards, two
men struggling, one of which fell, and the remaining one he
recognized to be Pepe, whom he heard afterwards exclaim,
“hah, not yet dead,” and then beat the body of the man who
had fallen, with some instrument, which he supposed to be
an axe, and throw it overboard. He heard Nathan and Robin-
son in the water, and their conversation with the Spaniards;
saw Courro stab Dolliver, and Pepe push him overboard; heard
Felix and Pepe ask Courro why he delayed to strike Dolliver,
and his reply, which was, that he wished to give a handsome
blow, (punalada hermosa.) Heard Potterfall from the mast.
head, and saw Bicknell shot.





30
[The witness related the preceding occurrences nearly in the
same manner in which they had been previously told by Dob-
son. There were some slight variations in the circumstances,
arising probably from difference of situation; for, on the whole
there was a most remarkable coincidence, considering that the
witness did not understand English, and that as he did not
know the names of the sailors, he had to describe their ap-
pearance, which corresponded with the previous descriptions
of the Mate.] - -
The witness proceeded to state, that he saw Felix standing
near the stairs leading to the cabin, and strike at some one
who was in the act of coming up; and that he afterwards heard
Felix declare, that he thought it was Robinson coming up with
a gun, which he seized with one hand, while he stabbed him
with the other. He also saw the dead body hauled from the
cabin, and recognized it as the body of the passenger who had
a crooked leg. Felix seemed to examine the wound with great
triumph, and exclaimed that it was the best blow he ever
struck in his life, it had exactly divided the heart. Pepe and
Courro, who were present, admitted that it was the handsomest
stab they had ever seen. Heard the cook called down; he
went to clean the deck. The Spaniards showed the most ex-
travagant joy at the success of their enterprize, and in striding
the deck to and fro, had the appearance of demons rather than
men. Each contended for the honor of having done the greatest
execution. Felix asserted that he had killed the Captain and
Mr. Robinson, which Pepe denied, alledging that he had
killed the Captain. Some altercation ensued, in which each
endeavoured to convince the other, and Pepe seemed at last to
concede that Felix had killed the Captain, while he killed the
American carpenter. Courro also claimed merit on the score
of having stabbed the greatest number, but this claim Pepe
denied. Then turning to Tardy, they upbraided him for not
having procured such knives as they had directed, saying that
those which he had given them were all broken, and that if
any thing were now to happen, they would be unable to de-
fend themselves. Tardy promised to procure them knives at
the first place where he could get ashore. Tardy, who had
been by the side of the witness during these occurrences, and
perceived that he was terrified, told him not to be afraid, that
he would protect him. He said that he had been a Pirate for
many years, but that he had never yet taken the life of a coun:
tryman, and that he was now too old to begin; that he would
set him ashore at St. Mary’s and give him fifty dollars, which,
with economy, would enable him to make his way to New-
York. That this was all he could do for him, as he was afraid

31
of the Spaniards. From the conversations of the Spaniards
during the voyage, he discovered their determination to des:
troy the cook. That when he remonstrated with Tardy on
the unnecessary cruelty of such conduct, he received for an-
swer, that it was not in his power to protect him, as he had
already rendered himself suspected by preserving two lives,
and that he must let the Spaniards work their will upon the
negro. He then entered into conversation with Felix, and
told him that he had always admired the Spaniards, that they
were bold and courageous in action, but that he had never
known them commit murder in cold blood; that on the con-
trary, he thought they took delight in showing humanity. He
said that the cook was already wounded, that there was nothing
to apprehend from him, and that he would be very useful.
Pepe and Courro joined them during the conversation, and his
sentiments seemed to gain the approbation of all except Courro,
who insisted that the cook was dangerous and ought to be killed.
It was, however, resolved to spare him for the present. He
saw the papers belonging to the vessel destroyed, and Spanish
papers substituted, which Tardy said had cost him twenty-five
doubloons in Havana. He one day, when at the table with
the Spaniards, heard them observe that some persons eat as if
unconscious that they were only fattening to be killed. And
thinking that this remark applied to himself as well as to Dob-
son and the cook, he communicated it to Tardy, who told him
to be under no apprehension, for if they dared to hurt him,
he would destroy both them and the vessel. -
The witness then gave an account of the occurrences in the
Chesapeake Bay, and at the Mate's departure, in every parti-
cular conforming to that given by Dobson, except the conver-
sations with the pilot, which he had not understood; and then
related, that as soon as Tardy saw the Mate on shore he ex-
claimed, we are all lost, he is going to betray us. The Span-
iards then left the vessel in a boat, borrowed from a schooner
which had anchored a short distance from the brig, and Tardy
giving up everything for lost, said that he had resolved not to
be taken alive, and would cut his throat. Tardy then went
into the cabin, and witness followed for the purpose of taking
some clothes. He saw Tardy with a small trunk filled with
silver dollars, and as his deportment was calm, he supposed
that he had no intention of destroying himself. He therefore
returned on deck, and was shortly afterwards told by the cook
that Tardy had cut his throat; he descended immediately to
the cabin, where he found Tardy seated with his throat cut
from ear to ear, and though still warm, he was speechless, and
life seemed extinct. -
32
Upon cross eramination, but few additional facts were dis.
closed. Mr. Dobson, who was again called, exonerated the
witness from any participation in the crimes of the Spaniards,
and stated that when Courro and Pepe murdered Dolliver, he
saw the greatest terror depicted in the countenance of Ginoul-
hiac, who was standing by his side; and he heard him speak
to Tardy, who seemed to soothe his fears.
Joseph Brough, a youth about 18 or 19, was the Pilot who
conducted the vessel to Old Point. His account of the events,
which occurred before Dobson’s departure, corresponded with
that already detailed. After the Spaniards had taken their de-
parture in a boat borrowed from a vessel bound for Martinique,
witness descended into the cabin, and Tardy came down like-
wise. He seemed busy counting money which he had in a
trunk, and appeared to be preparing to go ashore. He sent the
witness on deck under pretence that he heard the boat coming.
Witness immediately returned, and as he went down, heard
some noise resembling that made by pouring water. In the
cabin he found Tardy with his throat cut, and the blood gush-
ing with great violence from the wound. Greatly alarmed,
he rushed on deck, and seeing the boat from Old Point ap-
proaching, asked the officers, for Heaven’s sake, to come on
board.
Capt. N. G. Dana, of the U. S. army, who commanded a
company, ordered to guard the prisoners at work on the forti-
fications at Old Point Comfort, explained, that sometime be-
tween the 10th and 15th of June, he observed a brig come in
and cast anchor, and believing it to be a lime vessel, he took no
further notice of it. That afterwards it was reported to him,
that a sailor had landed from this vessel, who represented it
as an American vessel in possession of Spaniards, who had
murdered the crew. Having ordered the man to be brought
before him, Dobson came, and narrated to him substantially
what he has this day given in evidence; but that the story
seemed to him so improbable, that it was not till after he had
satisfied himself that Dobson was acquainted with Troy, where
he said the vessel was built, that he felt willing to assume the
responsibility of going aboard, and when he resolved to do so.
he ordered the Mate to be taken into custody. Accompanied
by Lieut. Robert Anderson, and eight men, he proceeded to-
wards the vessel, going around her stern. from which the name
had been effaced, as had been previously told him by Dobson.
Before the boat reached the brig, they were called by the pi-
lot, who seemed frightened, and asked them, for Heaven’s



33
sake to come aboard, for the Captain had just cut his throat.
They took possession of the vessel without resistance, and
found Mr. Ginoulhiac and a coloured man aboard. On de-
scending into the cabin, saw Tardy seated with a trunk con-
taining silver dollars by his side, and his throat cut; and as the
body retained some warmth, the boat was sent ashore for a
physician; but when Dr. Archer arrived, he declared that the
work was so effectually done, that his services were unavail-
ing. A guard was then placed at the cabin, and the Custom-
House Officer of Hampton sent for, who, as soon as he arrived,
took charge of the vessel. The Mate, Cook, and Mr. Ginoul-
hiac, were, at the request of the witness, left in his charge for
the night, as they expressed aversion to remain in the brig:
and as far as he recollects, the account which Mr. Dobson and
Mr. Ginoulhiac then gave, was similar to what they have this
day given. -
Lieutenant Robert wºnderson, of the United States' army,
said that his evidence would be merely a repetition of Captain
Dana’s. That the account of the Mate seemed to him at first
improbable, and that the earnest manner in which he entreated
them to go to the vessel and save the life of the Cook, who
would otherwise be killed, made him think it true. That he
thinks that the facts, this day related in Court, correspond with
those previously told him at Old Point Comfort, by the Mate
and the Frenchman.
Samuel B. Servant gave a minute account of the pursuit
of the Spaniards, by Col. Jones, Mr. Skinner, Mr. Godwin
and himself, and the route they had followed. From Hamp-
ton they had taken the direction of Newport's News, where
they had crossed James river, which is there about eight miles
wide, in a small canoe, and then pursued their journey for
more than twenty miles into the interior, where they finally
overtook the fugitives. They were seated by the road-side,
and rose as their party approached. When the witness pre-
sented his pistols, Felix and Courro fell upon their knees; Pepe
leaped a fence and fled. Witness searched them, and found in
the possession of Felix about twenty-five dollars, in gold and
silver, and in the pockets of Courro, some tobacco, a clasp
knife, and the lining of a hat, which was afterwards found to
fit the one worn by Pepe,
Colonel Wilson W. Jones was one of the party which pur-
sued the Spaniards after they had landed at Hampton. He set
out on the 13th of June in the morning, and after travelling a


5

34.
distance of upwards of forty miles, overtook them about six
o'clock in the evening. On arriving near the spot where they
were seated, Pepe fled and vaulted over a high fence with ex-
traordinary agility. Witness pursued, accompanied by Mr.
Skinner, who discharged his gun at Pepe as he was in the act of
leaping the fence, but without effect. The speed of the fugi-
tive at first exceeded that of his pursuers, who continued the
chase about two hundred yards; when, exhausted by exertion
and impeded in his progress by a thick growth of bushes, Pepe
threw himself at full length upon the ground, and was taken.
On returning to join their party, heard the report of a pistol,
followed by cries from the Spaniards, and on approaching the
road, saw Felix and Courro stretched at full length on the
ground, and screaming dreadfully. Thinking that the prisoners
had made some attempt to escape, witness enquired what was
the matter, and was informed that the accidental discharge of
a pistol, which had done no injury, had caused the alarm. It
was sometime before terror permitted the two prisoners to rise,
and when they did, Felix was pale and trembling, and fear
caused him to vomit. A cart was with some difficulty obtained
to convey them to Hampton. On their journey thither, Felix
and Courro were tractable, but Pepe was sullen and refused to
take refreshments. In crossing James river, the prisoners,
who were tied together, intimated that they would throw
themselves overboard; but they seemed afterwards to have
changed their resolution, as no attempt of the kind was made.
John S. Westwood, the Custom-house Officer at Hampton,
went aboard the brig Crawford at the request of Capt. Dana,
and was present at the inquest held over the body of Tardy.
He found the Spanish papers, which he identified as the same
which were now exhibited in Court.
There being no other witnesses to examine on the part of
the United States, Mr. Stanard offered the Spanish ship's pa-
pers in evidence. They were translated to the jury by the
interpreter, and consisted of the following documents:
First. A document purporting to be executed by Don Juan
Jose de Arranguren, Collector of the Royal Custom-house in
the City of Matanzas, who certified, that the Spanish Brigan-
time Alias, commanded by Captain Alexander Tardy, was re-
gistered as about to undertake a voyage to Hamburg, with a
cargo consigned to the Captain, consisting of the following ar-
ticles, viz. 351 barrels and 35 boxes of sugar; 23 hogsheads
and 91 sacks of coffee; 27 hogsheads and one barrel of molasses;

35
on all which, the duties were paid. It was dated the 26th of
May, 1827, was written on stamped paper, and purported to
be signed by Juan Jose de Arranguren, but had no seal. The
stamp was a medallion, hearing the Coat of Arms of Spain, with
the following inscription: “Fernando VII. Rey de Espana
e Indias, Havana.”
Secondly. A document also stamped with the Coat of Arms
of Spain, with this inscription: “Provincia de la Habama,”
and purporting to be a license from Don Jose de Alcala y
Guerra, Knight of the Cross of the Royal Military Order of
St. Hermenegildo, Captain by brevet of a Ship of War of the
Royal Fleet, and Military Commander, provisionally appointed
by his Majesty to superintend the Registers of the Island of
Cuba, to Captain Alexander Tardy of the brigantine Alias, of
one hundred and thirty tons, to perform a voyage from this
port to Hamburg with five mariners, whose ranks, names and
abodes, are as follows:
Captain, Alexander Tardy; Mate, Juan Pablo; Sailors, Ra-
mon Dias, Esteban Gonzales, Manuel Rodriguez, and Simon
Smith. The abodes of the crew were not designated. The
instrument had no date, and was neither signed nor sealed.
Thirdly. A document dated Havana, the 20th of May,
1827, and purporting to be signed by Antonio Rodriguez,
containing instructions to masters of Spanish merchant vessels
trading with the Island of Cuba, and prescribing, among other
things, that no passenger should be admitted in a vessel un-
less his name was inserted in the Roll, and that every captain
should enter into articles of agreement with his crew, properly
authenticated by a Notary. It described the crew, as com-
posed of one Captain, one Mate and four mariners, without
designating any names. The date was evidently altered from
the 20th of March to the 20th of May.
[This instrument, though on a detached sheet, was no doubt
a part of the preceding; the paper was similar in every respect,
and Rodriguez signed as deputy, acting during the sickness of
the commander.]
Fourthly. A Manifest, which was proved to be in the hand-
writing of Tardy, and purported to give an account of the cargo
taken in by the Brigantine Alias, commanded by Capt. Alex-
ander Tardy, at Matanzas, viz: 27 hogsheads of Molasses,
without mark; 23 hogsheads of Coffee, marked H. 17 sacks of
do. marked S; 20 do. do. marked P; 26 do. do. S; 130 barrels
of Sugar, marked H; 160 do. do. R; 14 boxes of do. A. R.;
16 do. do no mark.
A Log-book, written in Spanish, was also offered in evi-
dence; the commencement of which is kept like a merchant's
36
day-book, and was in the hand-writing of Felix. The remain-
der, which purports to give an account of the run of the ves.
sel from the 28th of May till the 12th of June, is neither in the
hand-writing of Felix nor of Tardy. On the third of June,
it gives an account of their falling in with the Spanish frigate
P. beria, which took four of their men.
Having gone through all the evidence, the cause was sub-
mitted to the jury without any argument. The jury retired,
and after an absence of a few minutes, returned with a verdict
of Guilty.
The verdict of the jury was explained to the prisoner, who
seemed unmoved. -
The Court then adjourned till the following morning, nine
o'clock. -
-º-oººº-
TUESDAY, 17th July, 1s27.
The Court met at 9 o'clock, and Felix, otherwise called
Felix Barbeito, having pleaded not guilty to the charge of
Piracy, was put upon his trial. After several challenges for
cause, and some peremptory challenges, the following jurors
were impannelled, viz: Thomas Richardson, Benjamin Stetson,
Amos L. Hubbard, Francis Wicker, Thomas Ball, Michael
M’Donough, Peter Cook, George Mills, Spottswood D. Cren-
shaw, Sterling I. Crump, Thomas Guy, and Jesse Wherry.
Mr. Dobson recapitulated what he had stated on the pre-
ceding day, and disclosed the following additional facts in re-
lation to the cook, viz: that he had one wound in the stomach
and two in the head; that by direction of Tardy, he effaced
the name of the vessel from the stern, and painted the sails.
The witness further stated, that having observed on deck
pieces of iron tied together with rope yarn, he enquired to
what use they were to be applied, and was answered by Tar-
dy, that the Spaniards intended to kill the cook, and fasten
the iron to his body to sink it. Witness also said, that he
was alarmed by seeing the Spaniards one day grinding a knife
to a very sharp point; and that, from what he had seen and
heard, he is confident that he would have been killed on the
night of the 12th June, had he remained in the vessel.
The evidence of the other witnesses, was in substance the
same as on the preceding day. Mr. Ginoulhiac had also seen
the Spaniards grinding the knife, and heard Tardy order them
to lay it aside.














37
The jury again retired without any argument frºm the bar,
and returned almost instantly with the verdict of Guilty.
The prisoner, who had shewn more sensibility than either
of the other prisoners, seemed, when the verdict was explained
by the interpreter, deeply affected.
The Court then adjourned.
*eºesº-
WEDNESDAY, 18th July, 1827.
Courro, otherwise called Jose Morando, was this day put
upon his trial. After sundry challenges, the following jurors
were impannelled: Madison Walthall, Thomas Lambert, Rich-
ard H. Whitlock, Charles Z. Abraham, Robert Johnston, Ar-
chibald Pleasants, Junior, John Goode, Robert Hyde, John
Hutchison, Nathaniel Charter, Robert D. Murchie, and War-
ren Bibber. -
Doctor ºff. Lemosy was, at the request of the prisoner, sum-
moned to act as interpreter.
The same evidence being again given in, and the Counsel
for the prisoner deeming it utterly hopeless to make any de-
fence, Mr. Leigh, at the request of the prisoner, informed the
Court, that the prisoner was desirous to explain to the jury
what he knew of the occurrences in the brig Crawford, and
asked that permission might be granted him to do so. The
Court having granted the request, the prisoner addressed him-
self to the jury in Spanish, (which was translated,) to the fol-
lowing effect: -
That being in Matanzas, I was accosted on the 19th of
May, in the evening, by Jose Casares, Felix Barbeito and the
Frenchman, Tardy, neither of whom I knew, and asked if
I could inform them where they could hire a servant to ac-
company them to New-York, and from that place to the coast
of Africa; that I told them yes, and asked what they were
willing to pay a servant; and Tardy and Felix replied, fifteen
dollars a month to New-York, and twenty dollars to the coast
of Africa; that I would have to wait on them during the pas-
sage to New-York, and while they were ashore in that place,
and that on the voyage to Africa, I would have to assist to
work the vessel, which they intended to purchase at New-
York. I told them that I would go with them; and they
informed me that they intended to sail about the 24th or 25th,
and requested me to procure a passport and get my clothes
in readiness. That I immediately procured what clothes I
thought necessary, and obtained a passport on the 22d of May;

38
that on obtaining the latter, the master with whom I had
worked, Don Pedro Benito, became my security. Being thus
prepared, I went to a Coffee-House, where I was to meet
Casares, Barbeito and Tardy, on the 23d; and Tardy gave me
a note to the American captain, who told me, that he did not
stand in need of my services, and that I ought to come aboard
on the 25th. On the 25th, in the evening, I met Felix on
the quay, with a box and bed, which he desired me to take
care of till his return; that he then went away, and returned
in a short time with a trunk rather more than a quarter of a
yard square, which was iron-bound, and contained $17,000,
and which they took in the boat and conveyed to the vessel,
where it was put in the cabin. Thereupon, I went to the fore-
castle and continued at work with the crew, aiding them in
conveying sugar, coffee and molasses from the shore, and in
stowing it aboard. On the 27th, Don Jose Casares and the
Frenchman, Tardy, came aboard and told me to wait upon
the table, which I did, waiting with great pleasure upon all
who were in the cabin. On the 28th we set sail; on the 30th
every body in the vessel vomited, except Tardy. On the 1st
of June, in the night, between one and two o'clock, I, who
had gone to sleep on deck, between the long-boat and the wind-
lass, heard a noise from many voices, some of which seemed
to be in the ocean, others on deck, which I could not under-
stand. I heard somebody asking for money, but cannot tell
who it was. I also heard exclamations of carajo, and some
conversations between the Frenchman and an American, but
could not understand what it was about. I saw two persons
descending from the mainmast, and one of them falling over-
board; then I saw the Frenchman and the Spaniards bracing
the sails and go to the stern, when the Frenchman asked them
where is Courro; to which they answered, that they did not
know. He then called me, and having answered, he told me
to come aft. When I did so, Tardy, who was at the helm,
told me, “I am now the master of the vessel, and I will pay
all hands when we get ashore.” On the following morning,
Don Tardy and Don Felix being on the quarter-deck, told
Don Fernando, Don Jose Casares and myself to clean away
the blood on the deck; which having done, I went to make
coffee, and while thus employed, I heard the discharge of a
gun, which made me turn round, when I saw Don Felix and
Časares, each with a gun. I asked them what was the mat-
ter? They answered, “nothing.” I then saw the negro,
who was wounded; but being engaged in making coffee, I saw
nothing more. The Frenchman, Tardy, then sent me to the
cabin for the medicine-chest, which I brought for him to cure

39
the Mate and the negro. Afterwards, I saw Tardy and Don
Felix with a desk containing papers, which the Mate, Tardy,
Don Felix and Don Fernando examined, and threw many of
them overboard and some in the fire. Thereupon, they ex-
amined all the trunks and chests aboard, except that of the
Frenchman, Don Fernando, and the Mate, and took out the
clothes. Don Felix went to the bow and threw all the chests
of the sailors overboard, and with them my clothes, which
were in a bag. -
We continued the voyage, and Tardy and Don Felix brought
out the papers, which were signed by Don Felix, who wrote for
two days in the Log-book, which was afterwards kept by the
Mate till we got to Norfolk. When we came to anchor, Tardy
said he wanted to go ashore to get men and provisions, and
that I and Don Ferdinand should go with the boat to get fresh
provision for supper. I said very well, and went aloft to furl
the sails, and when I came down, I saw Tardy and Don Fer-
dinand trembling, and asked them what was the matter; they
answered, we are lost, the Mate has fled to shore. Another
boat then arrived, and I was told to go in it, and Don Felix
and Casares went in also, and Felix said, let us go to Norfolk
and see the Spanish Consul, and tell him to come aboard. We
then went ashore as it was night, and we lost our road, and I
asked where we were going, and they did not know. Then
we arrived at the shore of the water, and we took a canoe and
went over, and we walked a part of the night and we met
some negroes, and we asked for Norfolk, and they said it was
on the other side. We gave them four dollars to set us over, and
on the other side.we asked for Norfolk, and we lost the road,
and we pursued the road pointed out to us at a cottage, when
we were overtaken by some armed people, when Jose Ca-
sares fled, Don Felix fell on his knees, and I remained still.
They searched us all, and took from Jose Casares nothing but
a piece of tobacco, from Don Felix twenty-five dollars, a pass.
port and a pocket-book, and they conducted us to a village,
where we remained two days; then we were carried to Nor.
folk, where they took our declaration, but would not permit
us to speak. From Norfolk we were brought to Richmond. I
declare that there was aboard a bag of 500 or 600 dollars, which
I saw Don Felix give to the Mate, and which I saw counted,
and about one-half put into a small trunk, which they intended
to take ashore to buy provisions, and the remainder was given
to the Mate. I also declare that I know nothing of what has
been said against me.
The preceding is translated from a paper written by Mo-
rando, and given to his Counsel on the day of his trial, and is
nearly word for word what he said to the jury.]

40
He concluded by saying, that if the jury would take the
trouble to examine his papers, they would find that he was
a man of good character, and had served with honor in the
Spanish Army.
The papers consisted of three passports; the first dated Santa
Clara, 21st November, 1826; the second at Matanzas, the 22d
of May, 1827, and the third at Valladolid, the 23d December,
1823. Endorsed on the last was a certificate of Don Avariano
Veler, declaring, that Jose Morando, who was Sergeant with
the rank and pay of Lieutenant, had served in the Spanish
Army since the 1st of March, isos, and gave a minute account
of his services.
If this account applied to the prisoner, which was doubted,
he had served with distinction in the Spanish army during the
whole Peninsula war, and taken part in many celebrated bat-
tles and sieges.
The jury listened to what he had to say with the most pa:
tient attention, and having retired, without hearing argument,
returned almost instantly with a verdict of Guilty.
The Court then adjourned.
---eeee-
THURSDAY, 19th July, 1827.
The prisoners having been brought up to hear the Sentence
of the Court, Felix and Casares presented to their Counsel two
papers in Spanish, in the hand-writing of Felix; which, on ap-
plication of Mr. Leigh, were permitted to be read, and were
translated by Mr. Schmidt, as follows:
I, Jose Hilario Casares, in the name of God, give this my
declaration, before the Chief Justice of the United States:
That I took passage in the American brig for New-York,
with $6,000, which were put with the money belonging to
Don Felix, to be applied to the purchase of a vessel in New-
York, to go thence to the coast of Africa.
I declare that all of which I am accused by the Mate and the
Frenchman, is false; because, Tardy was not a man, but a de-
mon, and he alone, with his medicines, was capable of killing
even a hundred men. -
I hope the Judge will delay my cause: that I may furnish
evidence of my character; and I pray God to preserve him.
many years.
his
JOSE HILARIO CASARES, .
ºn-

41
I, Felix Barbeito, in the name of God, give this my decla.
ration before the Judge, presiding in this Court of the United
States:
That I took passage in the American Brig, in Matanzas, for
New-York, with $8,000, which I gave in charge of the Cap-
tain of the vessel, together with other papers, and my letters
of recommendation. I declare likewise, that every thing of
which I am accused, is false—as I was asleep, and only know
that, in the morning, Tardy told me that I need not be afraid,
as he would pay me my $8,000; but I and the other Spaniards
were the cause that the vessel arrived in Norfolk, because
Tardy and the French passenger did not wish to go thither.
I also declare to the presiding Judge, that if he will do me
the favor to delay the cause, I will furnish proofs from the City
of Havana, and from my relations, respecting my good cha-
racter and situation in life—a favor which I expect from the
presiding Judge of this Court, whom I pray God to preserve
for many years.
Your supplicant, FELIX BARBEITO.
The Judge replied, that it was his duty to execute the laws,
and that they did not permit him to comply with the request
made to him; that it would be happy for the prisoners, if their
consciences were as much at peace as they professed; but that
all that was left to him, was to discharge the duty imposed
upon him.
He then enquired of the prisoners, whether they had any
thing to say, why the sentence of the law should not be pro-
nounced upon them. Through Dr. Lemosy [the interpreter]
they requested time to hear from their friends in Havana, in
order to obtain evidence of their character, &c. The Judge
replied, that it was out of his power to suspend the course of
the law, but that every indulgence should be extended to them,
which it was possible to grant; that they might communicate
with their friends, and that facilities would be allowed them
for this purpose. He recommended it to them to think of the
awful situation in which they were placed, and assured them
that every means should be afforded them of communicating
with the ministers of their own religion, (the Catholic.)
He then pronounced their sentence, and fixed the day of
their execution to Friday, the 17th of August.
Felix and Courro seemed affected by their sentence, but
Pepe remained unmoved. -
They were tried under the Indictment for piracy only,
Mr. Stamard, United States' Attorney, considering it to be un-
necessary to try them for murder.
- 6
REVIEW.
On the preceding trial, Mr. Stanard, in opening the cause,
stated, that he expected it would be proved that the prisoners
came aboard the Crawford under assumed names. This fact,
however, was not made out by the evidence. It appeared that
the prisoners were called by the names of Pepe, Courro and
Felia. It was proved by Dr. Lemosy, who had resided se-
veral years in Spain, that the term Pepe, which was applied
to Jose Casares, is synonimous with Jose, (Joseph) and that
Courro was a familiar appellation for an inhabitant of the Pro-
vince of Andalusia, in which the town of Cadiz is situated.
Courro, or Jose Morando, said that he was a native of Cadiz.
Those who are familiar with the locutions of the Spaniards,
know, that in speaking of a person, no matter how elevated
his rank, they seldom use his surname thus; Joseph Bonaparte,
even during his reign, was familiarly designated as Pepe; and
it was more conformable to the Spanish idiom to use the term
Felix in speaking of Barbeito, than Felix Barbeito.
With this exception, every fact expected to be proved, was
so clearly established, that the Counsel for the Prisoners did
not attempt to insult the understanding of the jury, which,
in every case, was composed of highly respectable and intelli-
gent men, by offering arguments to prove the innocence of the
accused. Nay, Mr. Leigh, whose fame as an advocate is
known throughout the Union, and whose resources and in-
genuity in criminal causes are unrivalled, admitted after the
trial, that he had in vain endeavoured to frame an hypothesis,
which, consistently with the facts, admitted to be true even
by the prisoners, could explain the occurrences aboard the
Crawford, without implicating the Spaniards. The prison-
ers, as appears from the explanation of Courro, did not at:
tempt to deny that several persons had lost their lives; and
the story told before the Mayor of Norfolk, by whom they
were committed, viz: that each of them was asleep when the
tragedy aboard the Crawford is said to have been acted, is
the same, which they again repeated before and during the
trial. When it is recollected, that the brig Crawford sailed
from Matanzas on the 28th of May, with eight passengers and
a crew of seven men; that she arrived at Old Point Comfort
on the 12th of June following, with five passengers and only
two of her crew, can it be believed that eight persons out of
fifteen could have disappeared, unknown to either of those whº
remained Other questions may be asked, equally incapable


43
of solution on the supposition that the Spaniards were inno-
cent. How came an American vessel in the possession of
Spaniards wholly ignorant of navigation and unacquainted with
seamanship? Who inflicted the wounds on the Mate and the
cook? Why did Tardy cut his throat? What induced the
Spaniards to leave the vessel ? &c. &c.
The following account, which has been collected in part
from the admissions of Tardy and the Spaniards to Mr. Gi-
houlhiac, and the correctness of which can be relied on, will
furnish a
SOLUTION.
Tardy, whose life had been a continued scene of villainy,
arrived in Havana in the month of January, 1827, and pre-
sented a petition to General Vives, the Governor of the Island
of Cuba, setting forth, that he had come to the Island with the
intention of settling some old claims; but that being destitute
of funds, he was desirous to obtain permission to clean teeth,
cure the tooth-ach, with certain simples known to him, and to
make and insert false teeth. The petition further set forth,
that the exercise of these arts would not interfere with the Fa-
culties of Surgery and Medicine already established at Havana.
This petition was found among the papers of Tardy, and the
permission granted, bears date the 24th of January, 1827, and
is signed “Vivez.” As a Dentist, Tardy received little en-
couragement in Havana. Whether his want of success arose
from competition, want of skill in his profession, or want of
inclination to pursue it, is not known; probably all these
causes may have combined, as he is said to have been seen al-
most constantly lounging, in the morning about Coffee-Houses,
and in the evening at places where games of hazard were ex-
hibited. He was, however, never known to indulge himself
in the dangerous amusement of gaming, but seemed to attend
merely as a spectator, who took delight in viewing the work-
ings of the passions, which operate on the votaries of such re-
creations.
Near the Puerta de Tierra in Havana, is a range of small
shops, known by the name of Las Barrillas, which are oc-
cupied by vendors of second-hand clothes and miscellaneous
articles. These retailers are a kind of pawn-brokers, and af-
ford facilities to knights of the pad and other honest people,
whose title to the goods they hold rests chiefly on the right
of legerdemain, to dispose of their moveables. At one of
these shops, kept by a man called Blasco, Tardy was fre-
quently seen to enter; and as a Faro-bank was exhibited in
the house, it was supposed that that circumstance was his

44.
principal inducement; but not so—his game was man. Tardy
whose desperate fortune had rendered him desirous to sº
some bold stroke by which he could retrieve it, was in search
of coadjutors who possessed the dexterity and courage neces-
sary to execute his plan, and in this place he had met a man
whom he thought adapted to his purposes.
Among those who resorted to the house of Blasco for the
purpose of gratifying their fondness for play, Tardy had ob.
served one, whose manners seemed superior to those with
whom he associated, but whose reckless conduct, proved him
a man of desperate fortunes. This man, as Tardy ascertained
upon enquiry, had come to Havana some years previous, and
had been engaged in mercantile business, which his irregular
habits had soon compelled him to abandon; that thereupon he
had gone to another part of the Island, whence he had returned
from time to time provided with money, which no one knew
how he had acquired; but from his conversation, it was Sup-
posed, that he had been engaged in desperate enterprises, and
it was generally believed that he had herded with some of the
numerous gangs of Pirates, which frequent the bays and inlets
which every where indent the coast of the Island No one,
however, of those with whom he associated, thought proper
to scrutinize very rigorously the past conduct of a camarada
de rancho, who spent his money freely, as long as it lasted;
and the Police of Havana proverbially weak, did not choose
to molest a spirit, who, with “a soul to dare, a hand to do,”
would, from a sense of common danger, be backed by com-
panions equally daring. This was precisely such a man as
Tardy wanted, and, as there exists a sort of freemasonry a-
mong kindred spirits, Felix soon became the inseparable com-
panion of Tardy, and in the frequent conferences which they
had, the plan was laid, which they subsequently carried into
execution. -
The Slave Trade, notwithstanding the execration in which
it is held, and the rigorous measures adopted by the United
States and most of the powers of Europe for its suppression,
is still carried on from some of the West India Islands. The
immense profits which have been realized by a few adventu-
rers who have successfully engaged in this inhuman traffic,
have raised up others, who have been willing, on account of
the gain, to encounter the risks, which attend it. Tardy’s
first proposition to Felix, is said to have been, to take a voyge
to the Coast of Africa, under the belief, that they would find
in Havana, some one, ready to avail himself of their services,
and willing to provide a vessel for the purpose. Felix, whose
funds were exhausted, was ripe for any undertaking; but either


45
|
from the hazard attending similar enterprizes, or from some
other cause, they were unable to enlist the co-operation of a
man of sufficient capital to fit out a vessel, and after a month
of fruitless exertions, they were compelled to abandon the
hope of procuring a vessel in Havana, Tardy, however, was
resolved not to abandon a plan, which promised so glorious a
result, and proposed to Felix that they should make an effort
to obtain a vessel at Matanzas, as their character was already
too well known, and began to be suspected at Havana. He
recounted so much of his history, as he thought sufficient to
inspire his companion with confidence in the success of the
plan, which he proposed, and told him that the Americans,
against whom he had conceived the bitterest hatred on account
of some fancied injuries and the imprisonment he had suffered
in the United States for his crimes, could easily be surprised,
and that an American vessel might be taken possession of by
poisoning the crew, as he had done on former occasions. That
it would be necessary to procure one or two trusty fellows, on
whose courage and skill in the use of the poignard, they could
rely, in case of need, and that he would answer for the success
of the undertaking. Felix was easily persuaded to make the
attempt, and undertook to provide the necessary assistance.
Among the acquaintances, which he had acquired in the course
of his irregular life, was Jose Casares. He was the son of a
fisherman at Havana, and had early distinguished himself by
deeds of daring conrage, and was known among the Bravos
of the suburbs as Pepe ſo intrepido. Pepe was a mere man
of action, whose fidelity to his employer was like that of the
spaniel, and on whose readiness to execute any deed, however
atrocious, he might with safety rely.
Felix had had an opportunity of doing this man some ser-
vice, and found no difficulty in return to enlist his services for
the contemplated enterprize. Tardy, Felix and Pepe having
procured the necessary ship's papers from some clerk discarded
from the Custom-house at Havana for malconduct, set out for
Matanzas, where they arrived about the 10th of May; and
Tardy immediately began to select, among the vessels then in
port, one on which he might execute the plan he had devised.
The Brig Crawford seemed best suited to his purposes, as she
was a new vessel, and the indisposition of the Captain led him
to expect that he might, in his professional character of Doctor,
gain his confidence, which would greatly facilitate the execu.
tion of his scheme. He accordingly applied to Capt. Bright-
man, with whom he had previously become acquainted at a
Coffee-house at Matanzas, for passage in his vessel; and the
age, manners and intelligence of Tardy, being calculated to
46
inspire confidence, Capt. B. who was afflicted with the asthma
availed himself of Tardy’s offer to give him medicine to ..
lieve his complaint. Tardy, in the mean time having ex-
amined the vessel, and learned from the Captain the number
of the crew, and that he expected two or three passengers in
addition to Casares, Felix and himself, thought it prudent to
procure the services of some additional hand; and having con-
ferred with Felix and Casares on the subject, the latter ſº.
mended Morando, whom he had previously known, as a suit.
able person, and he was accordingly employed. It was agreed
that Morando, who had been employed in some menial service
at Matanzas, should go aboard in the capacity of Tardy's ser.
want, and that Felix and Pepe should go as cabin passengers.
Apprehensive that their appearance might excite suspicion, as
they were not very well provided with baggage or clothing,
Tardy advised that Felix and Casares should pass for merchants
going to N. York to buy a vessel to be employed in the African
trade; and to render this story probable, a box was procured,
filled with iron and lead, which was to be represented as con-
taning $17,000 in gold. Everything being arranged, and the
Spaniards having procured the necessary passports, they went
aboard in the manner told by Dobson, that is, not altogether,
but separately, with the twofold object not to excite suspicion,
and that in the event the enterprize failed, they might not all
be implicated, and might serve as witnesses for each other. It
was the intention of Tardy to take possession of the vessel im-
mediately after her reaching the open ocean, if practicable;
but in this object, he was defeated partly by the vigilance of
the cook, and partly by the sickness of his companions, who
were not accustomed to the sea. Stephen Gibbs, the cook,
was tenacious of his skill in his profession, and Tardy had
in vain endeavoured to gain his good will by his attentions;
whether he suspected Tardy, or whether he thought himself
such an adept in the culinary art as not to need the French-
man’s instructions, or thought it impertinent on his part to
interfere with his department, it is certain that he obstinately
refused to avail himself of every hint offered by Tardy, and
watched his motions with such attention, that the Frenchman
thought it prudent to be more circumspect in his conduct. On
the third day after their departure from Matanzas, the Span-
iards having recovered from the effects of the sea-sickness,
were impatient to act, and proposed to make an attack on the
crew that very night. This, however, was resisted by Tardy,
who insisted on their deferring it until he had tried the effect
of some medicines, which he resolved to administer the next
morning. He accordingly went on deck early, and having


47
|
succeeded, unobserved by the cook, to mix some poisonous
substance with the chocolate, he proposed to show him how
to fry eggs according to the French fashion, but the cook being
as intractable as ever, refused positively to take any instruct
tions, when Tardy very deliberately taking some yellow pow-
der from his pocket, sprinkled it over the eggs, saying that it
was a kind of pepper always used in the West Indies, and
which would give them a very agreeable flavor. The cook,
however, not disposed to place confidence in Tardy’s skill or
taste, very deliberately scraped off the powder, without, how-
ever, suspecting that it was poison. Tardy, being thus in part
foiled in his attempt, watched with anxiety the effects of the
poison, and finding that every one of the crew was more or
less affected, resolved to yield to the solicitations of the Span-
iards, who were eager to imbue their hands in blood. De-
sirous, however, to preserve some one acquainted with navi-
gation, of which he had himself but an imperfect knowledge,
and believing that the Mate would be more tractable than the
Captain, it was resolved to spare his life. Tardy had also re-
solved to save the life of Mr. Ginouſhiac, not only because he
was a countryman, but because he thought that the Spaniards,
being once in possession of the vessel, and being three to one,
might not be so amenable to order as they had hitherto been,
and that it would be prudent to have the co-operation of some
one, who would be likely to take his part in case a difference
of opinion should arise between himself and the Spaniards.
Of this, however, he entertained little apprehension, as he
knew his services would be indispensable, not only as inter-
preter in any foreign port to which they might arrive, but on
account of his knowledge of navigation, and as he depended
on the known energy of his character to keep them in subjec-
tion, it is probable that partiality for his countryman, was the
strongest motive for his preservation.
It was resolved to make the attack on the morning of the 1st of
June. On the evening of the 31st of May, the vessel was to
the west of the Little Bahama Bank, and in the vicinity of the
Matanilla Reef, which it had not yet cleared. The weather was
warm and calm, and the heat of the cabin induced most of the
passengers to stay on deck. About 10 o’clock, Mr. Robinson
and the American and Irish passenger went below. Captain
Brightman’s indisposition confined him to his birth. The ar.
rangements made in relation to the attack, are said to have been
these: Tardy was to take possession of the helm, and prevent
Ginouliac and the Mate, who slept on the quarter-deck, from
taking part in the affray. Pepe was to take his station at the
companion-way; Courro at the forecastle, and Felix midships,

48
ready to assist Couro or Pepe, as either might want his sº
vices. The disposition of the passengers and crew, at the
commencement of the attack, is said to have been this. Capt.
Brightman, Mr. Robinson and the American and Irish pas-
sengers, in the cabin; Mr. Ginoulhac, Dobson, Nathan and
Dolliver, on deck; Bicknell, Potter and the Cook, in the fore.
castle. -
Tardy was to give a signal by clapping his hands. This sig-
mal was to be made a little after twelve o’clock, and as soon as
Tardy had taken the helm. In the mean time the Spaniards
went to sleep on deck. Courro was the first to wake, and per-
ceiving that the night was far advanced, he called up Tardy
and the Spaniards; Tardy then cut the throat of Dolliver, and
gave the signal, when the Spaniards set up dreadful cries which
roused every body, and as any one came up either from the
Cabin or Forecastle, he was immediately stabbed. The Ame.
rican carpenter was the first to make his way from the cabin,
and was stabbed by Pepe, but the blow not proving mortal, a
struggle ensued, which lasted but a short time, when he fell
and was dispatched by an axe. During the continuance of
this struggle, Capt. Brightman rushed on deck and received a
blow from Felix which laid him prostrate. Felix seemed to
possess such skill in the use of his weapon, that it was admit-
ted he never gave but one blow. The Irish passenger met the
same fate, and Robinson is supposed to have thrown himself
from the cabin windows into the ocean, upon seeing the death
of the Irishman. Courro was equally successful at the fore-
castle, and stabbed successively Potter, Gibbs, and Bicknell,
Nathan, who slept on deck was not discovered in the darkness,
and threw himself overboard without being wounded.
Since the sentence was passed upon Pepe, Courro and Fe-
lix, they have admitted that they were guilty of all the crimes
laid to their charge, and expressed penitence.
The following facts have been collected in relation to
ALEXANDER TARDY.
The master spirit, which instigated the preceding atrocities,
was a native of the Island of St. Domingo, and accompanied
his father to the United States, where he sought refuge after
the Revolution of that Island. The father of Alexander had
several children, some of which are still residing in different
parts of the United States, and are useful and respectable citi-
Žens. Alexander was the eldest son, and engaged in mercan-
tile business in Philadelphia, where he was for a long time re-
spectable and respected by all who knew him. He was, how-

49
ever, of a restless disposition, and from want of attention failed
in business. This occurrence gave a different direction to his
pursuits; for, disgusted with Philadelphia, which had witnessed
his prosperity, he resolved to abandon it and go to sea; and
through the influence of some friends, Capt. Smith, who was
in command of the Congress Frigate, was prevailed upon to
appoint him his steward. How long he served in this ca-
pacity is not known. In 1813, he accompanied the Frigate
to Portsmouth, where he was discharged. It was supposed
that he had poisoned Capt. Smith, but without foundation, as
the physician who attended him in his last illness, has de-
clared that he died of a pulmonary complaint. From Ports-
mouth, Tardy went to Boston, where he remained in the ser-
vice of a German Dentist, from whom he received some instruc-
tion in his art. Tardy, however, had acquired a taste for dissipa-
tion, and to furnish the means of gratifying his inclinations, he
had recourse to his neighbours' pockets. Being detected in
stealing the pocket-book of a Captain Balch at Colonel Wilde's
Stage Office in Boston, he was rewarded by three years' con-
finement in the State prison. When released from his im-
prisonment, he seemed to be possessed with the most invin-
cible hatred against the Americans, and revenge was the glow-
ing passion of his soul, which absorbed every other; even
avarice was made subservient to this first and most cherished
passion; and he afterwards executed many a deed of the dark-
est villainy, from no other assignable motive than revenge.
From Boston, he found his way to New-York, where he took
passage in a schooner commanded by Captain Latham, for
Charleston, and after poisoning the passengers, had the auda-
city to charge the cook, who was a black man, and had always
previous to that period sustained a good character, with the com-
mission of the crime. Upon this charge, the cook was tried,
convicted and executed at Charleston, although he declared
that he was innocent until the last. Tardy remained at Charles-
ton, where he had sufficient address to obtain employment,
but his irregularities soon alienated the friends he had made,
and having contracted debts, which he was unable and unwil-
ling to pay, he thought it prudent to decamp, and took pas-
sage for Boston. There, however, he was soon recognized,
and chose to retreat. He took passage in the Packet Schooner
Regulator, commanded by Capt. P. Norton, for Philadelphia,
under the name of Doctor Tardy. Here, he again resorted to
poison. One evening after supper, every one in the cabin was
taken sick except Tardy, who acted as physician, and declared
that from the symptoms, he was convinced that they had taken
poison. The passengers, who regarded the presence of Tardy
7

50
as extremely fortunate, freely took the medicines which he
administered, and all of them recovered except a German
passenger, who died, and was committed to the deep. On the
following morning, Tardy detected arsenic among the sugar,
which he had abstained from using during the voyage, and
suggested his suspicions of the steward, (a black man.)
A strict examination into all the circumstances, was had at
Philadelphia, where, from the testimony of the Captain and
the consignees, in relation to the good character of the Stew-
ard, his guilt was doubted, and he was permitted to remain at
liberty. Tardy, however, persisted in declaring him guilty,
and evinced such anxiety to have him convicted, that he be-
came suspected. These suspicions were augmented by his de-
manding the property of the German passenger, under pre-
tence of a verbal promise from him to that effect, in conside-
ration of his services as physician during his last illness. The
consignees refused peremptorily to give up the property to
Tardy, and set a spy over him, who ascertained that he stayed
but one night at the City Hotel, and then removed to an ob-
scure residence. There he planned another piracy, to be ex-
ecuted on board one of the Richmond Packets; but having
been betrayed by one of his expected accomplices, he was
charged with having poisoned the passengers of the Regulator,
and was condemned to seven years hard labor in the Wallnut
Street prison. There he was found very intractable, and
boasted frequently of having committed more murders, than
any convict in the penitentiary, and threatened amply to re-
venge himself when released. After his discharge, he took
passage in the Brig Francis for Savannah, but being recognized
as he was about to embark, he and his baggage were put ashore
without much ceremony. Afterwards Tardy found his way
to Charleston, where he made an attempt to run off with a
pilot-boat, but was detected, brought back, and notwithstand-
ing the Mayor of Charleston was apprized of his character and
former crimes, Tardy found means to escape and make his
way to Havana. Tardy was a man of small stature, rather
delicately formed, his complexion was dark, and his counte-
nance, which at first seemed destitute of expression, became
animated, when engaged in conversation, and he seemed to
possess extraordinary command over the muscles of the face.
He never laughed, though a smile was occasionally playing
about his lips. He usually spoke in a low tone of voice, and
articulated with great distinctness. He represented himself
as fifty-seven years of age, had grey hair, and after his death
it was discovered, that he wore a set of artificial teeth. He
possessed the most unbounded confidence in his resources, and

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viewed mankind with the utmost contempt; his address is said
to have been consummate, and he frequently boasted of his
knowledge of human nature, and his power to sway the mind,
and mould it to his purposes.
This gifted villain spoke several languages, and never
hesitated for a moment to pertetrate a crime, even where
there was danger of being detected. In his creed he seem-
ed to have proscribed all mankind, and was never more in
his element, than when committing the most revolting
crimes. Perjury, Poison and Poignards, were instruments al-
ways at hand, and he wielded all with equal dexterity.—
Prompt to execute whatever a vicious fancy suggested as prac-
ticable, he never stopped long to consider of the means; what-
ever was certain of producing the desired effect, was chosen in
preference, even though attended with the greatest danger to
himself. That he displayed considerable tact in selecting his
accomplices, is evinced by the horrid transactions in the Craw-
ford; and he maintained his ascendancy over them, by his
fertility in devising expedients to accomplish his atrocities,
and his total disregard of danger in carrying them into execu-
tion. His indifference to life is attested by his death. If there
were any redeeming traits in the character of this monster,
our imperfect acquaintance with the story of his life, prevents
us from laying them before the public.
For the honor of human nature, we trust that there were,
and we are disposed to ascribe this unnatural predilection for
villainy, to derangement, rather than to any other cause, as
his deeds seemed, in many instances, to have been influenced
º no motive which has been known to actuate any other vil-
a1 m.
He was buried at Old Point Comfort, at low water mark.
His head is said to be in the possession of Doctor Archer of
the United States Army, who probably wishes by it, to test
the doctrines of Gall and Spurzheim.
Among the papers of Tardy, was found a letter, dated Ha-
vanna, April 24, 1827, addressed to Messrs. Peree & Guillot,
Bankers, Rue Mesnard, Paris; it was signed Le Marquis
Duquesne, and recommended Tardy as being in every respect
an estimable man, who had been for some time known to the
writer at Havanna. It was written in the tremulous hand of
an old man, and from several ortographical errors, the writer
was evidently an illiterate man.
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