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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..f2d3d95 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #60538 (https://www.gutenberg.org/ebooks/60538) diff --git a/old/60538-0.txt b/old/60538-0.txt deleted file mode 100644 index 80df16c..0000000 --- a/old/60538-0.txt +++ /dev/null @@ -1,1101 +0,0 @@ -The Project Gutenberg EBook of The Trial of Captain John Kimber, for the -Murder of Two Female Negro Slaves, on Boa, by Student of the Temple - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Trial of Captain John Kimber, for the Murder of Two Female Negro Slaves, on Board the Recovery, African Slave Ship: - Tried at the Admiralty Sessions, Held at the Old Baily, - the 7th of June, 1792 - -Author: Student of the Temple - -Release Date: October 21, 2019 [EBook #60538] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL OF CAPTAIN JOHN KIMBER *** - - - - -Produced by hekula03, Brian Wilcox and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - - - - - - -Transcriber’s Notes:— - -Italic text is denoted _thus_. - -The spelling, hyphenation and punctuation are as the original, except -for apparent typographical errors which have been corrected. - -A table of contents has been added by the transcriber. - - - - - THE - - TRIAL - - OF - - CAPTAIN JOHN KIMBER, - - For Murder, &c. - - - [PRICE ONE SHILLING.] - - - - - THE - - TRIAL - - OF - - CAPTAIN JOHN KIMBER, - - FOR - - THE MURDER - - OF - - TWO FEMALE NEGRO SLAVES, - - ON BOARD THE - - _Recovery, African Slave Ship_. - - - Tried at the ADMIRALTY SESSIONS, held at the OLD BAILY - the 7th of JUNE, 1792. - - Before Sir JAMES MARRIOT, &c. - - - TAKEN IN SHORT HAND - - By a STUDENT of the TEMPLE. - - To which are added, - - OBSERVATIONS on the above TRIAL. - - - _LONDON_: - - Printed and Sold by C. STALKER, No. 4, Stationers-Court, - Ludgate-Street. - - - - -CONTENTS. - - - Page - INTRODUCTION v - THE TRIAL 1 - - - - -INTRODUCTION. - - -On a business which has so long agitated the public mind as the -Slave Trade, every thing that can be said, must in some manner be -interesting. The atrocity of that unnatural and abominable custom could -not in any instance have been more abundantly manifested, than in the -late decision of a large majority in the House of Commons. - -Perhaps the procrastination of the same important question, in a -superior House, may be productive of greater good than the people of -England are aware of. Perhaps it may upon the next discussion lead to -an immediate and total abolition of a cruel and inhuman traffic. It -cannot but be lamented that a personage of the first rank, who could -have no other motive except that of love for uncontroulable tyranny, -should become so strenuous an advocate for slavery. He has more than -once expressed his sentiments in public, and on the present occasion -seemed to have comported himself with an extraordinary degree of zeal, -which whether it became the dignity of a P——— in such a cause, we -shall not take on us to determine, but leave it to the world to judge -of the propriety of such conduct. - -Whatever the public opinion may be relative to the prosecution carried -on against Captain Kimber, who has been (we suppose fairly) acquitted -by an English Jury, it was evidently a necessary and a useful measure. -It may afford a salutary lesson to those captains of slave ships, -and masters of slaves who should hereafter attempt to commit such -horrid outrages as he has been charged with: and it may, from the -circumstances here related, (for such barbarities have doubtless been -often practised) fill the minds of men universally with horror against -the present system: until tyranny shall at length give way to public -opinion, and liberty and happiness be restored to human beings. - - - - -THE - -TRIAL - -OF - -CAPTAIN JOHN KIMBER, - -For Murder, &c. - - -This trial came on at the Admiralty Sessions held at the Old Baily, on -Thursday the 7th of June 1792; before Sir James Marriot, Judge Advocate -of the Admiralty, Mr. Justice Ashurst, and Mr. Baron Hotham. - -The prisoner was indicted for having feloniously, wickedly, and with -malice aforethought, beaten and tortured a female slave, so as to cause -her death: and he was again indicted for having caused the death of -another female slave. - -Mr. Broderic on the side of the prosecution, first opened the cause. - -Sir William Scott next stated, that the prisoner, Captain Kimber, had -commanded the ship RECOVERY, which traded in slaves from the -Coast of Africa, to the West Indies: that in 1791, he arrived in the -river of Calabar, whence he had, in some time after, departed with -a cargo of slaves, among whom was that negro girl, for whose murder -the prisoner now stood indicted. She had been for a considerable time -afflicted with a loathsome distemper, and a lethargic complaint, which -prevented her from eating, or mixing in any of those exercises which -the other slaves on board were accustomed to practice. The prisoner -had her punished for this supposed obstinacy; flogged her, and had her -raised up by pullies from the deck, so that the tortures she endured, -caused her to languish for a few days, until she died. - -I shall not, said the learned Council, enter into a detail of -circumstances, for that must appear by the evidence which is to be laid -before you Gentlemen of the Jury. Nor is it necessary that I should -make any observations on the heinousness of this offence, as that is -the province of the Court. And no doubt, your verdict will be given -with that discretion and impartiality, which has always been shewn on -similar occasions. - -Mr. Thomas Dowling was first called, and examined by Mr. Attorney -General; he had been a surgeon on board the RECOVERY, the ship -which the prisoner commanded: in the beginning of June, he had arrived -in the river of Calabar, on the coast of Africa, where in the end of -August they had compleated their cargo of slaves. About the time of -sailing, he had under his care, a female slave, aged about fourteen -or fifteen years, who had been afflicted with a virulent gonorrhea, -and lethargy, or drowsy complaint, of which latter ailment he could -never learn the real cause. She was not then in a convalescent state: -but her diseases were stationary, and bore every probable appearance -of recovery. In this situation she could not eat, as the other slaves -did, nor join in any of their amusements, at which the Captain was so -irritated, that he used to flog her himself, with a whip, the handle -of which, was one foot long, and the lash two. About three weeks after -they had sailed, he beat her in this manner with uncommon severity; -and on the 22d of December, perceiving her not to dance with the other -negro women, he ordered a boy to bring a teakle, one end of which was -fastened to the _mizen stay_ and the other to one of her hands, and by -this she was lifted up from the deck, and remained suspended for about -five minutes: and during that time, she was bounsed up and down, or in -other words, lifted up, and let fall again, by the way, who had a hold -of the teakle. - -She was then taken down and suspended in the same manner by the other -arm. She was next lifted up by one leg; and afterwards by the other: -until at last she was taken up for the fifth time by both hands, and -underwent the fifth excruciating suspension. The whole time from the -first to the last suspension, this witness said might have been half an -hour. While she continued hung up by both hands, the prisoner lashed -her inhumanly with his whip: and when she was let down, he forced her -to walk without any assistance down the hatchway: this she was unable -to do, having got but two or three steps, when she slipt all the rest -of the way. - -When this witness next saw her she was welted in several parts of the -body, her hands were swelled in consequence of the hanging, and her -legs disfigured in a shocking manner: after this the witness saw her -in convulsions, had her brought on deck, and rubbed her with volatile -spirits; but every remedy was ineffectual: she languished away in this -miserable state for three days, and on the third expired. - -All this happened in the middle passage about 200 leagues from Granada, -whither the RECOVERY with her cargo was bound. And the witness was -positive that the death of the slave was occasioned by the ill -treatment she had received. - -The witness was cross-examined by Mr. Pigott leading council for the -prisoner. - -Q. Has it been your undeviating opinion that the girl died in -consequence of the punishment said to have been inflicted on her? - -A. It has. - -Q. Was her death the subject of no conversation at that time among the -ship’s crew? - -A. It was between me and Mr. Devereux; and I heard the two boys -Pearson and Cruise speak of it. - -Q. How many men did the whole crew consist of? - -A. About six and twenty. - -Q. At what time of the day did the fact happen which you have related? - -A. Some time in the forenoon. - -Q. You heard no conversation about it, except that between the two boys? - -A. No. - -Q. Are these boys now absent? - -A. I heard so, but cannot say. - -Q. How many of the mariners do you think are now in this country? - -A. I do not know. I mean to relate every fact which may go, as well to -subvert my own evidence, as make against the prisoner. - -Q. What time did you arrive at Granada? - -A. On the 28th of October. - -Q. Did you disclose the death of this girl to any person at Granada? - -A. No. - -Q. How long were you there? - -A. About a month. - -Q. Did you go to the Custom-house while you were there? - -A. I did. - -Q. Did you keep a journal while you were on the middle passage? - -A. Yes: of whites, but not of blacks. - -Q. Did you deliver in your journal? - -A. Yes. - -Q. And swore to it? - -A. The form of an oath was read to me, by a person sitting at a desk: -I took the book, and returned it without swearing. - -Q. Did you sign the journal as sworn to it? - -A. Yes I did. - -Here Mr. Pigott read his oath, which declared that his journal was a -just and true one; and the attested copy being handed to the witness, -he declared, he did not recollect whether he had signed it or not. - -Q. Is not that your name to the oath—and is it false or true? - -A. I do not recollect that I signed it. - -Q. Is your bond discharged? - -A. Yes, I produced this copy at Bristol, to have it discharged. - -Q. Why did not the cause of the death of the negro girl appear in your -journal? - -A. The apprehensions I had for my own safety, while I sailed with the -prisoner, prevented me from relating it. - -Q. Is it from disclosing a barbarous murder? - -A. Yes; because the prisoner and I had often quarrelled, and I might -have been judged an improper evidence against him. - -Q. At what place did you quarrel? - -A. At the river of Calabar. - -Q. Did you not mutiny? - -A. Never. - -Q. Did you not strike the prisoner? - -A. I did, after he had abused and struck me on board his ship. - -Q. You collared and held him? - -A. Yes, at the cabin door; when the first and second mate came and -seized me, and by the prisoner’s orders, I was put into irons, where -I continued twenty-four hours; and I was afterwards excluded from the -cabin, and obliged to mess with the common men. - -Q. Did you not tell a Mr. Jacks that you would be revenged on Captain -Kimber? - -A. No, I never said so. - -Q. Did you not say you would work his ruin? - -A. Never, there is not such baseness in my nature. I never made a -declaration of the kind to any person: but I said I would advertise -him for his treatment of me. After my arrival in Bristol about -Christmas last, I applied to Mr. Jacks, who was part owner of the -RECOVERY, for my wages: he only paid me a part of them: I then -complained to him of Captain Kimber’s treatment, but did not disclose -the murder. - -Q. Did you not tell a Mr. Riddle that you would ruin Captain Kimber? - -A. No: but I said I would commence a suit against him for his severe -treatment of me, and that I would put myself under the protection of -the first king’s ship I met with. This conversation took place before -we sailed from Calabar. - -Q. Did you never say any thing to the prisoner’s servant? - -A. No. - -Q. Did you ever administer any mercury to the girl who died? - -A. No: it was improper for her complaint. - -Q. Can you pretend to say that the suspension of this girl, was -intended as a punishment? - -A. I shall not say that; but it was obvious that it was a punishment. - -Q. Might not the Captain have had reason to conclude that this -suspension was necessary? - -A. He might have had a motive, but I did not know it: he never -consulted any person in what he used to do; and he has often -interrupted me in the discharge of my duty. - -Q. In what part of the ship did the suspension take place? - -A. On the awning deck. - -Q. And when it happened in so open and conspicuous a situation, as that -it was impossible it must not have been seen by the ship’s company; -why was it not a more general subject of conversation? - -A. I suppose it was, but I had not an opportunity of hearing it, except -between Pearson and Cruise. - -Q. What was the cause of your having at length disclosed this murder -with which you now charge the prisoner? - -A. I was solicited by Mr. Lloyd, a Banker at Birmingham, to give an -account of the firing on the Town of Calabar; and from that relation, -this account followed as a casual circumstance. I told it to Mr. -Wilberforce the day before he made his speech in the House of Commons: -but I never intended to prosecute or appear in evidence against Captain -Kimber. - -Q. So then this murder remained a secret until the day before Mr. -Wilberforce made his Speech in the House of Commons? - -A. No: I told it to persons in private. - -Q. How often had you sailed as a surgeon before this time? - -A. That was my first voyage, and it shall be my last. - -The witness was re-examined by Mr. Attorney General, in order to -account for some of those circumstances which came out on his cross -examination, and might go to invalidate his testimony. - -He said that he and the two boys were on the awning deck when the girl -was suspended; that between this deck and the other part of the ship -there was a barricade about nine feet high, which prevented those -persons in the fore-part from seeing what was done abaft. By this -means many of the ship’s crew, who were on deck, might have remained -without seeing or knowing what was done to the girl. And this might -have been the cause why the circumstance had not been generally spoken -of on board. When I gave in my journal, said the witness, at Grenada, I -wished to omit every mention of the Negro Girl, from the apprehensions -I was under for my safety, not knowing what the prisoner might have -done; I therefore wished to evade the oath which is made on those -occasions, and accordingly when the officer tendered it to me I took -the book from him, and returned it without kissing it: he was sitting -at a desk and did not see me. - -The witness requested that the Court would examine the log book, where -they should see that this death, which he omitted in his journal, did -really happen. And the prisoner he said had told him that a journal was -a mere matter of form. - -He said also that when Mr. Lloyd and Mr. Wilberforce had examined him -relative to the firing upon the Town of Calabar, the latter gentleman -questioned him as to the treatment of the slaves on board the ships, -and it was upon that occasion he told him the circumstance of the -murder for which the prisoner was now indicted; without having had -the remotest intention of prosecuting him. And he moreover observed -that outrages of that nature were so common on board the slave ships, -that they were looked upon with as much indifference as any trifling -occurrence; their frequency had rendered them familiar. - -Stephen Devereux, the next witness on the side of the prosecution, was -examined by Mr. Solicitor General. - -He deposed, that he had sailed to the coast of Guinea in the _Wasp_, -from whence after he arrived there, he changed as third mate into the -RECOVERY, which sailed from Africa on the first of September; -he remembered the deceased Negro Girl very well: after he had been ten -days on board, he saw Captain Kimber endeavouring to straiten her knees -which were bent and contracted, and afterwards flogging her with a -whip. While I was standing said the witness, on the starboard side of -the quarter deck, I saw the girl running up by the gun takle, which was -fastened by a block to the mizen stay: she was suspended by one of her -arms, and continued raised above the deck for four or five minutes; -she was let down, and lifted up again by the other arm, and Pearson -the boy who held the takle jerked the fall: In this situation the boys -were endeavouring to make her legs strait. She was taken up the third -time by one leg, and the fourth time by the other; after which she was -suffered to remain on the deck for some time. In this situation with -her head drooping between her knees, Captain Kimber, who was present -during the whole of her torture, lifted her up, gave her a slap on the -face, and said _the bitch is sulky_: and then again endeavoured to -straiten the contraction in the knees, with the intention of inflicting -punishment on her. The fifth and last time she was lifted up by both -hands, but her feet touched the deck; and in this posture the prisoner -flogged her severely. When she was about going down the hatchway he -would not suffer any body to assist her, but said _the bitch is sulky -she must find her own way_. After she had got down two or three steps -with great struggling and difficulty, she slipt along the rest of the -ladder. All this happened in the morning. - -I saw her the next day, and helped her up on deck: she was in a very -filthy and shocking condition, quite weak and feeble, her body was -covered with whales and bruises; she was not put down along with the -other women; but was suffered to languish until she died, on the third -day after the suspension. - -Q. What other persons belonging to the ship’s company were in sight of -this business, besides the Captain, the Surgeon, and yourself? - -A. The man at the wheel, and one or two more. - -He was cross-examined by Mr. Sylvester. - -Q. Was you not dancing with the women, at the time this business was -going forward? - -A. I was looking at the women dancing; but when the girl was suffering -the punishment, they attended more to it, than to any thing else. - -Q. Were there any, and what other persons with you at the time? - -A. I don’t know. - -Q. Could you attempt to say, that it was by way of punishment that the -prisoner endeavoured to straiten the girl’s knees? - -A. I know of no other motive he could have. - -Q. Why did you not mention this business at Grenada, on your arrival -there? - -A. I did not wish to concern myself about it, particularly as Captain -Kimber had behaved to me as a friend. Besides, every seaman on board -must have heard of, or known it: and the Surgeon and I have often -talked of it since. - -Q. Did you ever give any information of this affair, till you were sent -for to London? - -A. No. - -Q. And when you appeared before the Magistrate in London, did you not -say that you were ignorant of the cause of the girl’s death? - -A. I did, for the reason I already mentioned, being delicate of doing -any thing that might endanger the prisoner’s life. But I am now -certain, that if she had not been punished in the manner she was, she -would have lived, and been fit for market. - -[Here Mr. Sylvester read the deposition of this witness, which was -taken before Sir Sampson Wright, at Bow-street, about two months ago, -when the prisoner at the Bar was brought before him, charged with the -murder for which he was now tried: in this deposition the present -witness Devereux had stated, that he did not believe the girl died in -consequence of the punishment inflicted on her: a contrary testimony to -which he now gave to the Court.] - -Q. Did you venture to take any of your ship’s crew along with you, to -give evidence of this business you now swear to? - -A. No, they were all taken up at Bristol, and sent away. - -Q. Are there not some of them now in London? - -A. I do not know. - -Q. Were you not dismissed your ship as first mate for mutiny, while on -the Coast of Africa? - -A. No: I did not mutiny. - -Q. Were you not charged with having mutinied, and tried before six -Captains? - -A. The charge against me was, giving the lie to the Captain. - -(Here Mr. Sylvester read the charges against him wherein he was stated -to be a pernicious, dangerous, and troublesome fellow, and accordingly -was turned away from the Ship: but there was no specific offence -mentioned.) - -On his re-examination by Mr. Solicitor General, he said that he had -mentioned the Murder of the slave to several persons, before he came -to give evidence of the firing upon the town of Calabar: and to a -Gentleman at Bristol, after Kimber had been brought up to town. He did -not know where the rest of the Crew had been. - -Captain Kimber he said was one of those who formed the Court, that -tried him on the Coast of Africa; and that he afterwards took him into -his ship and treated him in a friendly manner. - -These two were the only witnesses who appeared on the side of the -prosecution. - -Mr. Walter Jacks was first called on behalf of the prisoner, and -examined by Mr. Pigott. - -He said he was a merchant in Bristol, and had a share in the -RECOVERY, which the prisoner commanded. He knew the prisoner -six years, for three or four of which he had been in his Service: and -he was always satisfied with his conduct: for he was good to the ship’s -company. Mr. Dowling, who had been Surgeon to the ship attended this -witness at Bristol to demand the balance of his wages, which had been -due to him. - -At that time he complained that Captain Kimber had engaged to allow -him two privileged Slaves, and that afterwards he would give him but -one. The witness told him it was impossible he could have double -privilege, as one Slave was all that was ever given to the surgeon of -that ship: but in paying him his wages, he gave him sterling money -instead of currency; as a small compensation for the hardships he said -he sustained. - -On the tenth of last January, after Dowling had received his wages, -and thanked the witness; he told him that Captain Kimber was a rascal -and a cheat, and that he would ruin him if it was in his power. And -immediately after the prisoner had been taken into custody, these words -occurred to the witness. - -Thomas Lawer lived at Birmingham, he had frequent conversations with -Dowling about the slave trade, who said, he had frequent quarrels with -Captain Kimber, in one of which he struck him, and was afterwards put -in irons, turned out of the cabin, and obliged to eat salt provisions -with the fore-mast men. - -The Captain allowed him but one privileged slave, and had behaved very -ill towards him, for which he was determined to be revenged. These -words he often used. - -Benjamin Riddle was examined by Mr. Morgan. - -He said he had been Surgeon on board the _Thomas_, which was on the -coast of Africa, at the same time with the RECOVERY. There he -heard Dowling say, that he had been maltreated by Captain Kimber, and -that he would ruin him if possible: that he had a memorandum in his -possession, which he could produce against him, when he came home. The -witness asked to see the paper, but Dowling would not shew it. This was -a sober deliberate conversation, and Dowling thought he was speaking to -a friend. - -After this, the witness heard Captain Kimber say, that Dowling’s -conduct was so bad, he could not keep him: he used to bleed, when -it was evidently dangerous, and commit other improprieties in his -professional line. - -The witness also knew Devereux to have been dismissed from the _Wasp_ -for mutiny. - -Mr. Dowling was again called, and asked whether it was true, that -he had told Mr. Jacks, Lawer, and Riddle, that he would be revenged -of, and ruin Captain Kimber if he could. He persisted in his former -assertion, and declared that he had never said any such thing. He told -the Court, that if they would indulge him with a hearing, he should -clear every matter to their satisfaction; but having proceeded in a -desultory manner, he was prevented from speaking. - -Captain Thomas Philips was examined by Mr. Knowles. - -He deposed, that he was on the Coast of Africa when the prisoner was -there. Devereux had been turned out of the _Wasp_ for mutiny, and had -acknowledged the charges against him to be true: and the witness knew -him to be a bad man. - -There were, he said, on board Captain Kimber’s ship, great quantities -of oranges, which Dowling used to give to the slaves. The witness -told him often, that fruits were bad for them; that they would cause -the flux, which disease, it appeared, the deceased girl was afflicted -with: and he knew, for twenty years he had been in that climate, such -diseases carry off persons in the space of two days. - -The witness knew the prisoner since he was at school, and he never -heard any thing injurious to his character, until the present charge -was preferred against him. He was always humane and good natured. - -Thomas Lancaster was a mate belonging to the _Wasp_. He said, that -Devereux had admitted the charges made against him: and all the ship’s -company looked on him as a dangerous fellow. After he had been turned -out of the ship, he remained on shore for two months; and if Captain -Kimber had not taken him under his protection, it would be impossible -to tell what should become of him. - -Devereux was again called, and questioned, as to the truth of what had -been said against him: and he declared it was as false as that _one_ -was _two_. - -He was proceeding to make a defence, when the Jury said they were all -satisfied from what had appeared to them; that there was no credit -to be given to the two witnesses on the side of the prosecution, and -therefore found the prisoner - - NOT GUILTY. - -It still remains for us to make a few observations on the above -extraordinary trial. Nothing that may now be said can in any manner -affect Captain Kimber; as he has been acquitted, and cannot be tried a -second time for the same offence. - -We shall not declare what impressions we lie under as to the guilt or -innocence of Capt. Kimber; but lay before the public a few points, from -which they may draw such conclusions as their feelings and reason -shall dictate. - -And first we shall ask, why was there not such a defence set up by -Captain Kimber, as could, in the minds of the people, have acquitted -him of the horrid act which was sworn against him? Did he bring forward -a single witness to contradict the charges of his accusers? What became -of all the seamen and servants on board his ship, who were in England -at the time he was apprehended, and who might have been brought into -Court to declare at once that the prisoner did not commit murder; -without having recourse to the miserable shift of proving perjury -against Mr. Dowling and Devereux, in points that had nothing to do -with the prosecution? Were none of the RECOVERY’S crew to be -found, or was Captain Kimber afraid that they would have all conspired -against his life? - -One of the witnesses on the side of the prosecution said, that all the -crew were taken up at Bristol, and sent out of the way. The event has -given us no reason to doubt the truth of this assertion. - -As to Mr. Dowling’s not having disclosed the murder when he came on -shore, nor keeping a complete journal, these are circumstances which -those persons who know any thing of ships in general or the African -slave trade, will pay no attention to. Journals, which are considered -mere matters of form, are generally imperfect, and the barbarous -treatment of slaves on board the ships is so frequent, as to be looked -upon with indifference. Perhaps Mr. Dowling, perhaps the whole crew -might have conceived that the killing of a slave on board a ship was an -offence not punishable by law. - -As there was no other evidence to support the second indictment, than -what supported the first, the Jury also acquitted the prisoner on it. - -The trial lasted near five hours. His Royal Highness the Duke of -Clarence was present the whole time, and appeared from his looks and -gestures, to be particularly interested, in favour of the man who was -accused of having murdered a slave. - - -_FINIS._ - - - - - -End of the Project Gutenberg EBook of The Trial of Captain John Kimber, for -the Murder of Two Female Negro Slaves, by Student of the Temple - -*** END OF THIS PROJECT GUTENBERG EBOOK TRIAL OF CAPTAIN JOHN KIMBER *** - -***** This file should be named 60538-0.txt or 60538-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/6/0/5/3/60538/ - -Produced by hekula03, Brian Wilcox and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Trial of Captain John Kimber, for the Murder of Two Female Negro Slaves, on Board the Recovery, African Slave Ship: - Tried at the Admiralty Sessions, Held at the Old Baily, - the 7th of June, 1792 - -Author: Student of the Temple - -Release Date: October 21, 2019 [EBook #60538] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL OF CAPTAIN JOHN KIMBER *** - - - - -Produced by hekula03, Brian Wilcox and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - - - - - - -</pre> - - -<div class="transnote covernote"> - <p>The cover image was created by the transcriber and is placed in the public domain.</p> -</div> - -<div class="chapter"> -<hr class="chap" /> -<p id="half-title"><span class="smaller">THE</span> -<br /> -<span class="largest">TRIAL</span> -<br /> -<span class="smaller">OF</span> -<br /> -CAPTAIN JOHN KIMBER,<br /> -For Murder, &c.</p> -<hr class="chap" /> -<p class="center">[<span class="smcap">Price One Shilling.</span>]</p></div> - - -<div class="chapter"> - -<h1><span class="smaller">THE</span> -<br /> -<span class="largest">TRIAL</span> -<br /> -<span class="smaller">OF</span> -<br /> -<span class="large">CAPTAIN JOHN KIMBER,</span> -<br /> -<span class="smaller">FOR</span> -<br /> -THE MURDER -<br /> -<span class="smaller">OF</span> -<br /> -TWO FEMALE NEGRO SLAVES, -<br /> -<span class="smallest">ON BOARD THE</span> -<br /> -<span class="large"><i>Recovery, African Slave Ship</i>.</span></h1> -<hr class="chap" /> -<p class="center noindent"> -Tried at the <span class="smcap">Admiralty Sessions</span>, held at the <span class="smcap">Old Baily</span><br /> -the 7th of <span class="smcap">June</span>, 1792. -<br /> -Before Sir JAMES MARRIOT, &c.</p> -<hr class="chap" /> -<p class="center noindent">TAKEN IN SHORT HAND</p> - -<h2 class="nobreak">By a STUDENT of the TEMPLE.</h2> - -<p class="center noindent">To which are added,<br /> -<br /> -OBSERVATIONS on the above TRIAL.</p> -<hr class="chap" /> -<p class="center noindent"> -<i>LONDON</i>:<br /> -<br /> -Printed and Sold by <span class="smcap">C. Stalker</span>, No. 4, Stationers-Court,<br /> -Ludgate-Street.</p></div> - -<hr class="chap" /> -<div class="chapter"> -<h2 id="CONTENTS">CONTENTS.</h2></div> - -<hr class="tb" /> - -<div class="center"> -<table class="my100" border="0" cellpadding="1" cellspacing="1" summary="toc"> -<tr> -<th> </th> -<th class="tdr normal">Page</th> -</tr> -<tr> -<td class="tdl">INTRODUCTION</td> -<td class="tdr"><a href="#INTRODUCTION">v</a></td> -</tr> -<tr> -<td class="tdl">THE TRIAL</td> -<td class="tdr"><a href="#THE_TRIAL">1</a></td> -</tr></table></div> - -<hr class="chap" /> -<div class="chapter"> - -<h2 id="INTRODUCTION">INTRODUCTION.</h2></div> - -<p class="noindent"><span class="largest">O</span>N a business which has so long agitated the public mind as the -Slave Trade, every thing that can be said, must in some manner be -interesting. The atrocity of that unnatural and abominable custom could -not in any instance have been more abundantly manifested, than in the -late decision of a large majority in the House of Commons.</p> - -<p>Perhaps the procrastination of the same important question, in a -superior House, may be productive of greater good than the people of -England are aware of. Perhaps it may upon the next discussion lead to -an immediate and total abolition of a cruel and inhuman<span class="pagenum"><a id="Page_vi">vi</a></span> traffic. It -cannot but be lamented that a personage of the first rank, who could -have no other motive except that of love for uncontroulable tyranny, -should become so strenuous an advocate for slavery. He has more than -once expressed his sentiments in public, and on the present occasion -seemed to have comported himself with an extraordinary degree of zeal, -which whether it became the dignity of a P——— in such a cause, we -shall not take on us to determine, but leave it to the world to judge -of the propriety of such conduct.</p> - -<p>Whatever the public opinion may be relative to the prosecution carried -on against Captain Kimber, who has been (we suppose fairly) acquitted -by an English Jury, it was evidently a necessary and a useful measure. -It may afford a salutary lesson to those captains<span class="pagenum"><a id="Page_vii">vii</a></span> of slave ships, -and masters of slaves who should hereafter attempt to commit such -horrid outrages as he has been charged with: and it may, from the -circumstances here related, (for such barbarities have doubtless been -often practised) fill the minds of men universally with horror against -the present system: until tyranny shall at length give way to public -opinion, and liberty and happiness be restored to human beings.</p> - -<hr class="chap" /> -<div class="chapter"> -<h2 id="THE_TRIAL">THE<br /> -<br /> -<span class="largest">TRIAL</span><br /> -<br /> -OF<br /> -<br /> -CAPTAIN JOHN KIMBER,<br /> -<br /> -For Murder, &c.</h2></div> - -<p class="dropcap2">THIS trial came on at the Admiralty Sessions held at the Old Baily, on -Thursday the 7th of June 1792; before Sir James Marriot, Judge Advocate -of the Admiralty, Mr. Justice Ashurst, and Mr. Baron Hotham.</p> - -<p><span class="pagenum"><a id="Page_2">2</a></span></p> - -<p>The prisoner was indicted for having feloniously, wickedly, and with -malice aforethought, beaten and tortured a female slave, so as to cause -her death: and he was again indicted for having caused the death of -another female slave.</p> - -<p>Mr. Broderic on the side of the prosecution, first opened the cause.</p> - -<p>Sir William Scott next stated, that the prisoner, Captain Kimber, had -commanded the ship <span class="smcap">Recovery</span>, which traded in slaves from the -Coast of Africa, to the West Indies: that in 1791, he arrived in the -river of Calabar, whence he had, in some time after, departed with -a cargo of slaves, among whom was that negro girl, for whose murder -the prisoner now stood indicted. She had been for a considerable time -afflicted with a loathsome<span class="pagenum"><a id="Page_3">3</a></span> distemper, and a lethargic complaint, which -prevented her from eating, or mixing in any of those exercises which -the other slaves on board were accustomed to practice. The prisoner -had her punished for this supposed obstinacy; flogged her, and had her -raised up by pullies from the deck, so that the tortures she endured, -caused her to languish for a few days, until she died.</p> - -<p>I shall not, said the learned Council, enter into a detail of -circumstances, for that must appear by the evidence which is to be laid -before you Gentlemen of the Jury. Nor is it necessary that I should -make any observations on the heinousness of this offence, as that is -the province of the Court. And no doubt, your verdict will be given -with that discretion and impartiality, which has always been shewn on -similar occasions.</p> - -<p><span class="pagenum"><a id="Page_4">4</a></span></p> - -<p>Mr. Thomas Dowling was first called, and examined by Mr. Attorney -General; he had been a surgeon on board the <span class="smcap">Recovery</span>, the ship -which the prisoner commanded: in the beginning of June, he had arrived -in the river of Calabar, on the coast of Africa, where in the end of -August they had compleated their cargo of slaves. About the time of -sailing, he had under his care, a female slave, aged about fourteen -or fifteen years, who had been afflicted with a virulent gonorrhea, -and lethargy, or drowsy complaint, of which latter ailment he could -never learn the real cause. She was not then in a convalescent state: -but her diseases were stationary, and bore every probable appearance -of recovery. In this situation she could not eat, as the other slaves -did, nor join in any of their amusements, at which the Captain was so -irritated, that he used to flog her himself,<span class="pagenum"><a id="Page_5">5</a></span> with a whip, the handle -of which, was one foot long, and the lash two. About three weeks after -they had sailed, he beat her in this manner with uncommon severity; -and on the 22d of December, perceiving her not to dance with the other -negro women, he ordered a boy to bring a teakle, one end of which was -fastened to the <i>mizen stay</i> and the other to one of her hands, and by -this she was lifted up from the deck, and remained suspended for about -five minutes: and during that time, she was bounsed up and down, or in -other words, lifted up, and let fall again, by the way, who had a hold -of the teakle.</p> - -<p>She was then taken down and suspended in the same manner by the other -arm. She was next lifted up by one leg; and afterwards by the other: -until at last she was taken up for<span class="pagenum"><a id="Page_6">6</a></span> the fifth time by both hands, and -underwent the fifth excruciating suspension. The whole time from the -first to the last suspension, this witness said might have been half an -hour. While she continued hung up by both hands, the prisoner lashed -her inhumanly with his whip: and when she was let down, he forced her -to walk without any assistance down the hatchway: this she was unable -to do, having got but two or three steps, when she slipt all the rest -of the way.</p> - -<p>When this witness next saw her she was welted in several parts of the -body, her hands were swelled in consequence of the hanging, and her -legs disfigured in a shocking manner: after this the witness saw her -in convulsions, had her brought on deck, and rubbed her with volatile -spirits; but every remedy was ineffectual: she languished away in this -miserable<span class="pagenum"><a id="Page_7">7</a></span> state for three days, and on the third expired.</p> - -<p>All this happened in the middle passage about 200 leagues from Granada, -whither the <span class="smcap">Recovery</span> with her cargo was bound. And the witness -was positive that the death of the slave was occasioned by the ill -treatment she had received.</p> - -<p>The witness was cross-examined by Mr. Pigott leading council for the -prisoner.</p> - -<p>Q. Has it been your undeviating opinion that the girl died in -consequence of the punishment said to have been inflicted on her?</p> - -<p>A. It has.</p> - -<p>Q. Was her death the subject of no conversation at that time among the -ship’s crew?</p> - -<p>A. It was between me and Mr. Devereux;<span class="pagenum"><a id="Page_8">8</a></span> and I heard the two boys -Pearson and Cruise speak of it.</p> - -<p>Q. How many men did the whole crew consist of?</p> - -<p>A. About six and twenty.</p> - -<p>Q. At what time of the day did the fact happen which you have related?</p> - -<p>A. Some time in the forenoon.</p> - -<p>Q. You heard no conversation about it, except that between the two boys?</p> - -<p>A. No.</p> - -<p>Q. Are these boys now absent?</p> - -<p>A. I heard so, but cannot say.</p> - -<p>Q. How many of the mariners do you think are now in this country?</p> - -<p>A. I do not know. I mean to relate every fact which may go, as well to -subvert my own evidence, as make against the prisoner.</p> - -<p>Q. What time did you arrive at Granada?</p> - -<p><span class="pagenum"><a id="Page_9">9</a></span></p> - -<p>A. On the 28th of October.</p> - -<p>Q. Did you disclose the death of this girl to any person at Granada?</p> - -<p>A. No.</p> - -<p>Q. How long were you there?</p> - -<p>A. About a month.</p> - -<p>Q. Did you go to the Custom-house while you were there?</p> - -<p>A. I did.</p> - -<p>Q. Did you keep a journal while you were on the middle passage?</p> - -<p>A. Yes: of whites, but not of blacks.</p> - -<p>Q. Did you deliver in your journal?</p> - -<p>A. Yes.</p> - -<p>Q. And swore to it?</p> - -<p>A. The form of an oath was read to me,<span class="pagenum"><a id="Page_10">10</a></span> by a person sitting at a desk: -I took the book, and returned it without swearing.</p> - -<p>Q. Did you sign the journal as sworn to it?</p> - -<p>A. Yes I did.</p> - -<p>Here Mr. Pigott read his oath, which declared that his journal was a -just and true one; and the attested copy being handed to the witness, -he declared, he did not recollect whether he had signed it or not.</p> - -<p>Q. Is not that your name to the oath—and is it false or true?</p> - -<p>A. I do not recollect that I signed it.</p> - -<p>Q. Is your bond discharged?</p> - -<p>A. Yes, I produced this copy at Bristol, to have it discharged.</p> - -<p>Q. Why did not the cause of the death of the negro girl appear in your -journal?</p> - -<p><span class="pagenum"><a id="Page_11">11</a></span></p> - -<p>A. The apprehensions I had for my own safety, while I sailed with the -prisoner, prevented me from relating it.</p> - -<p>Q. Is it from disclosing a barbarous murder?</p> - -<p>A. Yes; because the prisoner and I had often quarrelled, and I might -have been judged an improper evidence against him.</p> - -<p>Q. At what place did you quarrel?</p> - -<p>A. At the river of Calabar.</p> - -<p>Q. Did you not mutiny?</p> - -<p>A. Never.</p> - -<p>Q. Did you not strike the prisoner?</p> - -<p>A. I did, after he had abused and struck me on board his ship.</p> - -<p>Q. You collared and held him?</p> - -<p>A. Yes, at the cabin door; when the first<span class="pagenum"><a id="Page_12">12</a></span> and second mate came and -seized me, and by the prisoner’s orders, I was put into irons, where -I continued twenty-four hours; and I was afterwards excluded from the -cabin, and obliged to mess with the common men.</p> - -<p>Q. Did you not tell a Mr. Jacks that you would be revenged on Captain -Kimber?</p> - -<p>A. No, I never said so.</p> - -<p>Q. Did you not say you would work his ruin?</p> - -<p>A. Never, there is not such baseness in my nature. I never made a -declaration of the kind to any person: but I said I would advertise -him for his treatment of me. After my arrival in Bristol about -Christmas last, I applied to Mr. Jacks, who was part owner of the -<span class="smcap">Recovery</span>, for my wages: he only paid me a part of them: I then -complained<span class="pagenum"><a id="Page_13">13</a></span> to him of Captain Kimber’s treatment, but did not disclose -the murder.</p> - -<p>Q. Did you not tell a Mr. Riddle that you would ruin Captain Kimber?</p> - -<p>A. No: but I said I would commence a suit against him for his severe -treatment of me, and that I would put myself under the protection of -the first king’s ship I met with. This conversation took place before -we sailed from Calabar.</p> - -<p>Q. Did you never say any thing to the prisoner’s servant?</p> - -<p>A. No.</p> - -<p>Q. Did you ever administer any mercury to the girl who died?</p> - -<p>A. No: it was improper for her complaint.</p> - -<p><span class="pagenum"><a id="Page_14">14</a></span></p> - -<p>Q. Can you pretend to say that the suspension of this girl, was -intended as a punishment?</p> - -<p>A. I shall not say that; but it was obvious that it was a punishment.</p> - -<p>Q. Might not the Captain have had reason to conclude that this -suspension was necessary?</p> - -<p>A. He might have had a motive, but I did not know it: he never -consulted any person in what he used to do; and he has often -interrupted me in the discharge of my duty.</p> - -<p>Q. In what part of the ship did the suspension take place?</p> - -<p>A. On the awning deck.</p> - -<p>Q. And when it happened in so open and conspicuous a situation, as that -it was impossible it must not have been seen by the ship’s<span class="pagenum"><a id="Page_15">15</a></span> company; -why was it not a more general subject of conversation?</p> - -<p>A. I suppose it was, but I had not an opportunity of hearing it, except -between Pearson and Cruise.</p> - -<p>Q. What was the cause of your having at length disclosed this murder -with which you now charge the prisoner?</p> - -<p>A. I was solicited by Mr. Lloyd, a Banker at Birmingham, to give an -account of the firing on the Town of Calabar; and from that relation, -this account followed as a casual circumstance. I told it to Mr. -Wilberforce the day before he made his speech in the House of Commons: -but I never intended to prosecute or appear in evidence against Captain -Kimber.</p> - -<p>Q. So then this murder remained a secret<span class="pagenum"><a id="Page_16">16</a></span> until the day before Mr. -Wilberforce made his Speech in the House of Commons?</p> - -<p>A. No: I told it to persons in private.</p> - -<p>Q. How often had you sailed as a surgeon before this time?</p> - -<p>A. That was my first voyage, and it shall be my last.</p> - -<p>The witness was re-examined by Mr. Attorney General, in order to -account for some of those circumstances which came out on his cross -examination, and might go to invalidate his testimony.</p> - -<p>He said that he and the two boys were on the awning deck when the girl -was suspended; that between this deck and the other part of the ship -there was a barricade about nine feet high, which prevented those -persons in the fore-part from seeing what was done<span class="pagenum"><a id="Page_17">17</a></span> abaft. By this -means many of the ship’s crew, who were on deck, might have remained -without seeing or knowing what was done to the girl. And this might -have been the cause why the circumstance had not been generally spoken -of on board. When I gave in my journal, said the witness, at Grenada, I -wished to omit every mention of the Negro Girl, from the apprehensions -I was under for my safety, not knowing what the prisoner might have -done; I therefore wished to evade the oath which is made on those -occasions, and accordingly when the officer tendered it to me I took -the book from him, and returned it without kissing it: he was sitting -at a desk and did not see me.</p> - -<p>The witness requested that the Court would examine the log book, where -they should see that this death, which he omitted in his journal,<span class="pagenum"><a id="Page_18">18</a></span> did -really happen. And the prisoner he said had told him that a journal was -a mere matter of form.</p> - -<p>He said also that when Mr. Lloyd and Mr. Wilberforce had examined him -relative to the firing upon the Town of Calabar, the latter gentleman -questioned him as to the treatment of the slaves on board the ships, -and it was upon that occasion he told him the circumstance of the -murder for which the prisoner was now indicted; without having had -the remotest intention of prosecuting him. And he moreover observed -that outrages of that nature were so common on board the slave ships, -that they were looked upon with as much indifference as any trifling -occurrence; their frequency had rendered them familiar.</p> - -<p><span class="pagenum"><a id="Page_19">19</a></span></p> - -<p>Stephen Devereux, the next witness on the side of the prosecution, was -examined by Mr. Solicitor General.</p> - -<p>He deposed, that he had sailed to the coast of Guinea in the <i>Wasp</i>, -from whence after he arrived there, he changed as third mate into the -<span class="smcap">Recovery</span>, which sailed from Africa on the first of September; -he remembered the deceased Negro Girl very well: after he had been ten -days on board, he saw Captain Kimber endeavouring to straiten her knees -which were bent and contracted, and afterwards flogging her with a -whip. While I was standing said the witness, on the starboard side of -the quarter deck, I saw the girl running up by the gun takle, which was -fastened by a block to the mizen stay: she was suspended by one of her -arms, and continued raised above the deck for four or five minutes;<span class="pagenum"><a id="Page_20">20</a></span> -she was let down, and lifted up again by the other arm, and Pearson -the boy who held the takle jerked the fall: In this situation the boys -were endeavouring to make her legs strait. She was taken up the third -time by one leg, and the fourth time by the other; after which she was -suffered to remain on the deck for some time. In this situation with -her head drooping between her knees, Captain Kimber, who was present -during the whole of her torture, lifted her up, gave her a slap on the -face, and said <i>the bitch is sulky</i>: and then again endeavoured to -straiten the contraction in the knees, with the intention of inflicting -punishment on her. The fifth and last time she was lifted up by both -hands, but her feet touched the deck; and in this posture the prisoner -flogged her severely. When she was about going down the hatchway he -would not suffer any body to assist her, but said <i>the bitch is sulky<span class="pagenum"><a id="Page_21">21</a></span> -she must find her own way</i>. After she had got down two or three steps -with great struggling and difficulty, she slipt along the rest of the -ladder. All this happened in the morning.</p> - -<p>I saw her the next day, and helped her up on deck: she was in a very -filthy and shocking condition, quite weak and feeble, her body was -covered with whales and bruises; she was not put down along with the -other women; but was suffered to languish until she died, on the third -day after the suspension.</p> - -<p>Q. What other persons belonging to the ship’s company were in sight of -this business, besides the Captain, the Surgeon, and yourself?</p> - -<p>A. The man at the wheel, and one or two more.</p> - -<p><span class="pagenum"><a id="Page_22">22</a></span></p> - -<p>He was cross-examined by Mr. Sylvester.</p> - -<p>Q. Was you not dancing with the women, at the time this business was -going forward?</p> - -<p>A. I was looking at the women dancing; but when the girl was suffering -the punishment, they attended more to it, than to any thing else.</p> - -<p>Q. Were there any, and what other persons with you at the time?</p> - -<p>A. I don’t know.</p> - -<p>Q. Could you attempt to say, that it was by way of punishment that the -prisoner endeavoured to straiten the girl’s knees?</p> - -<p>A. I know of no other motive he could have.</p> - -<p>Q. Why did you not mention this business at Grenada, on your arrival -there?</p> - -<p><span class="pagenum"><a id="Page_23">23</a></span></p> - -<p>A. I did not wish to concern myself about it, particularly as Captain -Kimber had behaved to me as a friend. Besides, every seaman on board -must have heard of, or known it: and the Surgeon and I have often -talked of it since.</p> - -<p>Q. Did you ever give any information of this affair, till you were sent -for to London?</p> - -<p>A. No.</p> - -<p>Q. And when you appeared before the Magistrate in London, did you not -say that you were ignorant of the cause of the girl’s death?</p> - -<p>A. I did, for the reason I already mentioned, being delicate of doing -any thing that might endanger the prisoner’s life. But I am now -certain, that if she had not been punished in the manner she was, she -would have lived, and been fit for market.</p> - -<p><span class="pagenum"><a id="Page_24">24</a></span></p> - -<p>[Here Mr. Sylvester read the deposition of this witness, which was -taken before Sir Sampson Wright, at Bow-street, about two months ago, -when the prisoner at the Bar was brought before him, charged with the -murder for which he was now tried: in this deposition the present -witness Devereux had stated, that he did not believe the girl died in -consequence of the punishment inflicted on her: a contrary testimony to -which he now gave to the Court.]</p> - -<p>Q. Did you venture to take any of your ship’s crew along with you, to -give evidence of this business you now swear to?</p> - -<p>A. No, they were all taken up at Bristol, and sent away.</p> - -<p>Q. Are there not some of them now in London?</p> - -<p>A. I do not know.</p> - -<p><span class="pagenum"><a id="Page_25">25</a></span></p> - -<p>Q. Were you not dismissed your ship as first mate for mutiny, while on -the Coast of Africa?</p> - -<p>A. No: I did not mutiny.</p> - -<p>Q. Were you not charged with having mutinied, and tried before six -Captains?</p> - -<p>A. The charge against me was, giving the lie to the Captain.</p> - -<p>(Here Mr. Sylvester read the charges against him wherein he was stated -to be a pernicious, dangerous, and troublesome fellow, and accordingly -was turned away from the Ship: but there was no specific offence -mentioned.)</p> - -<p>On his re-examination by Mr. Solicitor General, he said that he had -mentioned the Murder of the slave to several persons, before he came -to give evidence of the firing upon the town of Calabar: and to a -Gentleman at<span class="pagenum"><a id="Page_26">26</a></span> Bristol, after Kimber had been brought up to town. He did -not know where the rest of the Crew had been.</p> - -<p>Captain Kimber he said was one of those who formed the Court, that -tried him on the Coast of Africa; and that he afterwards took him into -his ship and treated him in a friendly manner.</p> - -<p>These two were the only witnesses who appeared on the side of the -prosecution.</p> - -<p>Mr. Walter Jacks was first called on behalf of the prisoner, and -examined by Mr. Pigott.</p> - -<p>He said he was a merchant in Bristol, and had a share in the -<span class="smcap">Recovery</span>, which the prisoner commanded. He knew the prisoner -six years, for three or four of which he had<span class="pagenum"><a id="Page_27">27</a></span> been in his Service: and -he was always satisfied with his conduct: for he was good to the ship’s -company. Mr. Dowling, who had been Surgeon to the ship attended this -witness at Bristol to demand the balance of his wages, which had been -due to him.</p> - -<p>At that time he complained that Captain Kimber had engaged to allow -him two privileged Slaves, and that afterwards he would give him but -one. The witness told him it was impossible he could have double -privilege, as one Slave was all that was ever given to the surgeon of -that ship: but in paying him his wages, he gave him sterling money -instead of currency; as a small compensation for the hardships he said -he sustained.</p> - -<p>On the tenth of last January, after Dowling had received his wages, -and thanked the<span class="pagenum"><a id="Page_28">28</a></span> witness; he told him that Captain Kimber was a rascal -and a cheat, and that he would ruin him if it was in his power. And -immediately after the prisoner had been taken into custody, these words -occurred to the witness.</p> - -<p>Thomas Lawer lived at Birmingham, he had frequent conversations with -Dowling about the slave trade, who said, he had frequent quarrels with -Captain Kimber, in one of which he struck him, and was afterwards put -in irons, turned out of the cabin, and obliged to eat salt provisions -with the fore-mast men.</p> - -<p>The Captain allowed him but one privileged slave, and had behaved very -ill towards him, for which he was determined to be revenged. These -words he often used.</p> - -<p><span class="pagenum"><a id="Page_29">29</a></span></p> - -<p>Benjamin Riddle was examined by Mr. Morgan.</p> - -<p>He said he had been Surgeon on board the <i>Thomas</i>, which was on the -coast of Africa, at the same time with the <span class="smcap">Recovery</span>. There he -heard Dowling say, that he had been maltreated by Captain Kimber, and -that he would ruin him if possible: that he had a memorandum in his -possession, which he could produce against him, when he came home. The -witness asked to see the paper, but Dowling would not shew it. This was -a sober deliberate conversation, and Dowling thought he was speaking to -a friend.</p> - -<p>After this, the witness heard Captain Kimber say, that Dowling’s -conduct was so bad, he could not keep him: he used to bleed, when -it was evidently dangerous, and commit<span class="pagenum"><a id="Page_30">30</a></span> other improprieties in his -professional line.</p> - -<p>The witness also knew Devereux to have been dismissed from the <i>Wasp</i> -for mutiny.</p> - -<p>Mr. Dowling was again called, and asked whether it was true, that -he had told Mr. Jacks, Lawer, and Riddle, that he would be revenged -of, and ruin Captain Kimber if he could. He persisted in his former -assertion, and declared that he had never said any such thing. He told -the Court, that if they would indulge him with a hearing, he should -clear every matter to their satisfaction; but having proceeded in a -desultory manner, he was prevented from speaking.</p> - -<p>Captain Thomas Philips was examined by Mr. Knowles.</p> - -<p><span class="pagenum"><a id="Page_31">31</a></span></p> - -<p>He deposed, that he was on the Coast of Africa when the prisoner was -there. Devereux had been turned out of the <i>Wasp</i> for mutiny, and had -acknowledged the charges against him to be true: and the witness knew -him to be a bad man.</p> - -<p>There were, he said, on board Captain Kimber’s ship, great quantities -of oranges, which Dowling used to give to the slaves. The witness -told him often, that fruits were bad for them; that they would cause -the flux, which disease, it appeared, the deceased girl was afflicted -with: and he knew, for twenty years he had been in that climate, such -diseases carry off persons in the space of two days.</p> - -<p>The witness knew the prisoner since he was at school, and he never -heard any thing injurious<span class="pagenum"><a id="Page_32">32</a></span> to his character, until the present charge -was preferred against him. He was always humane and good natured.</p> - -<p>Thomas Lancaster was a mate belonging to the <i>Wasp</i>. He said, that -Devereux had admitted the charges made against him: and all the ship’s -company looked on him as a dangerous fellow. After he had been turned -out of the ship, he remained on shore for two months; and if Captain -Kimber had not taken him under his protection, it would be impossible -to tell what should become of him.</p> - -<p>Devereux was again called, and questioned, as to the truth of what had -been said against him: and he declared it was as false as that <i>one</i> -was <i>two</i>.</p> - -<p><span class="pagenum"><a id="Page_33">33</a></span></p> - -<p>He was proceeding to make a defence, when the Jury said they were all -satisfied from what had appeared to them; that there was no credit -to be given to the two witnesses on the side of the prosecution, and -therefore found the prisoner</p> - -<div class="blockquote"> - -<p class="center">NOT GUILTY.</p></div> - -<p>It still remains for us to make a few observations on the above -extraordinary trial. Nothing that may now be said can in any manner -affect Captain Kimber; as he has been acquitted, and cannot be tried a -second time for the same offence.</p> - -<p>We shall not declare what impressions we lie under as to the guilt or -innocence of Capt. Kimber; but lay before the public a few points, from -which they may draw such conclusions<span class="pagenum"><a id="Page_34">34</a></span> as their feelings and reason -shall dictate.</p> - -<p>And first we shall ask, why was there not such a defence set up by -Captain Kimber, as could, in the minds of the people, have acquitted -him of the horrid act which was sworn against him? Did he bring forward -a single witness to contradict the charges of his accusers? What became -of all the seamen and servants on board his ship, who were in England -at the time he was apprehended, and who might have been brought into -Court to declare at once that the prisoner did not commit murder; -without having recourse to the miserable shift of proving perjury -against Mr. Dowling and Devereux, in points that had nothing to do -with the prosecution? Were none of the <span class="smcap">Recovery’s</span> crew to be -found, or was Captain Kimber afraid that<span class="pagenum"><a id="Page_35">35</a></span> they would have all conspired -against his life?</p> - -<p>One of the witnesses on the side of the prosecution said, that all the -crew were taken up at Bristol, and sent out of the way. The event has -given us no reason to doubt the truth of this assertion.</p> - -<p>As to Mr. Dowling’s not having disclosed the murder when he came on -shore, nor keeping a complete journal, these are circumstances which -those persons who know any thing of ships in general or the African -slave trade, will pay no attention to. Journals, which are considered -mere matters of form, are generally imperfect, and the barbarous -treatment of slaves on board the ships is so frequent, as to be looked -upon with indifference. Perhaps Mr. Dowling, perhaps<span class="pagenum"><a id="Page_36">36</a></span> the whole crew -might have conceived that the killing of a slave on board a ship was an -offence not punishable by law.</p> - -<p>As there was no other evidence to support the second indictment, than -what supported the first, the Jury also acquitted the prisoner on it.</p> - -<p>The trial lasted near five hours. His Royal Highness the Duke of -Clarence was present the whole time, and appeared from his looks and -gestures, to be particularly interested, in favour of the man who was -accused of having murdered a slave.</p> - -<p class="center"><i>FINIS.</i></p> - -<h2><a id="Transcribers_Notes">Transcriber’s Notes:—</a></h2> - -<p>A table of contents has been added by the transcriber.</p> - -<p>Italic text is denoted _thus_.</p> - -<p>The spelling, hyphenation and punctuation are as the original, except -for apparent typographical errors which have been corrected.</p> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of The Trial of Captain John Kimber, for -the Murder of Two Female Negro Slaves, by Student of the Temple - -*** END OF THIS PROJECT GUTENBERG EBOOK TRIAL OF CAPTAIN JOHN KIMBER *** - -***** This file should be named 60538-h.htm or 60538-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/6/0/5/3/60538/ - -Produced by hekula03, Brian Wilcox and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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