have occurred on the high seas, or the defendant will be entitled to an acquittal. As to the trial, &c. in the admirality sessions, see 1 vol. 151* to 156.* INDICTMENTS FOR OFFENCES RELATIVE TO several away a &c. and board the Admirality of England. That W. K. late of London, mariner, Against N. C. late of the same place, mariner, J. H. [eight others with the persons like addition] on, &c. with force and arms, upon the high sea (c) for pirati cally tain a certain place distant about ten leagues from Cutsheen in the king and *East Indies, and within the jurisdiction of the admirality of En-carrying gland (c) did piratically (d) and feloniously (e) set upon, board, ship with break, and enter a certain merchant ship called the Quedagh Mer. its tackle, chant, then being a ship of certain persons to the jurors afore- certain said as yet unknown, and then and there piratically and feloniously goods on did assault certain mariners, whose names to the jurors aforesaid same (6) are also unknown, in the same ship, and in the peace of God and [*1131] our said sovereign lord the king then and there being, and did then and there upon the high sea aforesaid, in the place aforesaid, and within the jurisdiction aforesaid, piratically and feloniously put the said mariners to the jurors aforesaid as yet unknown, so being in the same ship, in great bodily fear and danger of their lives; and the said merchant ship called the Quedagh Merchant, and the apparel and tackle of the said ship of the value of four hundred pounds of lawful money of Great Britain, together with 70 chests of opium of the value of 14001, of like lawful money, then being in and on board the same ship, of the goods and chattels of certain persons to the jurors aforesaid as yet unknown; and then and there upon the high sea aforesaid, in the place aforesaid, and within the jurisdiction aforesaid, being under the care and custody, (b) See a similar precedent Cro. C. A 486. Cro. C. C. 483. Starkie, 455. This indictment was used against Kidd, 5 St. Tr. 287. For indictments for murder committed at sea see ante 758*, 9.* and see general note ante 1127* to 1130.* (c) These allegations are material, supra. (de) These words are essential, Hawk. b. 1. c. 37. p. 15. ante 1130.* For piracy on stat. 11. and 12. merchant apparel, and in the possession of the said mariners, (to the jurors aforesaid as yet unknown,) they the said W. K. N. C. &c. [the names of all the defendants] with force and arms, from the care, custody, and possession of the said mariners to the jurors aforesaid as yet unknown, then and there, to wit, upon the high sea aforesaid, in the place aforesaid, and within the jurisdiction aforesaid, piratically, feloniously, and against the will of the said last-mentioned mariners, did steal, take, and run away with, against the peace, &c. That E J. late of, &c. N. W. late of &c. and L S late of, &c. on, &c. with force and arms upon the high sea, within the juW. 3. c. 7. risdiction of the admirality of England, about half a league s. 9. by distant from Leghorn in Italy, in parts beyond the seas; then causing a revolt in a being m riners in and on board a certain merchant ship called ship and the Dove, belonging and appertaining to subjects of our said running lord the king (to the jurors aforesaid as yet unknown), whereof away with the same, one B. H. a subject of our said lord the king then and there and the was master, piratically and feloniously did endeavour to make tackle and and did make a revolt in the same ship, (the said B. H. then and goods there being master of the same ship as aforesaid) against the (f) form of the statute, &c. and against the peace, &c. And the Second jurors, &c. do further present, that the said E. J. and L. S. on stealing the said, &c, then being subjects of our said *lord the king and and run- mariners in the said ship called the Dove, belonging and apperning away with ship, taining to subjects of our said lord the king to the jurors aforetackle, &c-said as yet unknown, with force and arms upon the high sea [*1132] aforesaid, about half a league distant from Leghorn aforesaid, thereof. count for in and on board the said ship called the Dove, whereof the said B. H. a subject of our said lord the king then and there was master as aforesaid, did betray the trust in them reposed as mariners of the same ship, and then and there upon the high sea aforesaid, within the said jurisdiction, with force and arms did turn pirates, and the same ship and the apparel and tackle thereof, of the value of two hundred pounds of lawful money of Great Britain, and one hundred hogsheads of sugar of the value (ƒ) See a similar precedent, Cro. C. C. 382. of 100%. of like lawful money, 150 bales of tobacco of the value of 100% and 2 bales of velvet of the value of 1507. of like lawful money, of the goods and chattels of certain subjects of our said lord the king to the jurors aforesaid as yet unknown, then and there being in the same ship under the care and custody, and in the possession of the said B. H. as master of the said ship then and there upon the high sea aforesaid, within the jurisdiction of the admiralty aforesaid, about the distance of half a league from Leghorn aforesaid, with force and arms, from the care, custody, and possession of the said B. H. piratically and feloniously did steal, take, and run away with, (they the said E. J. N. W. and L. S. then and there being mariners of the said ship, and in and on board the said ship on the high sea as aforesaid,, against the form of the statute, &c. and against the peace, &c. away with Admirality of England, to wit. The Jurors, &c. that C. D. Running late of, &c. mariner, and E. J. late of the same place, mariner, ship's boat on, &c. with force and arms, upon the high seas within the juris- ( 5 ) of the admiralty of England, (i. e.) about the distance of, &c. from, &c. they the said C. D. and E. F. then and there being respectively subjects of our said lord the king, and mariners in and on board of a certain brig or vessel, called, &c. and then belonging and appertaining to A. B. being also then and there a subject of our said lord the king, and whereof one G. H. being also a subject of our said lord the king then and there was master, did betray the trust in them reposed as such mariners, and did then and there with force and arms, unlawfully turn pirates; and that the said C. D. and E. F. then and there upon the high seas aforesaid, and within the jurisdiction aforesaid, with force and arms piratically and feloniously did steal, take, and run away, with a certain boat, and the tackle, apparel, and furniture thereof, of the value of of *lawful, &c. [here set out the [*1133] goods and the value of them], of the goods and chattels of the said A. B. then and there found, and being in the said brig or vessel, contrary to the form of the statute, &c. and against the peace, &e. [second count stating the brig, &c. to be the property of persons to the jurors aforesaid unknown.] Against a seaman for run with a boat under the First ner be That J. H. late of, &c. on &c. upon the high sea within the jurisdiction of the admiralty of England, to wit, upon a certain ning away part of the high sea about the distance of one league from and belonging on the coast of G. in Africa, in parts beyond the seas, then to a ship being a subject of our said lord the king, and a mariner belongcommand ing to a certain merchant ship called the Plumper, then and of one of there belonging and appertaining to certain subjects of our said his majesty's sub- lord the king, to the jurors aforesaid as yet unknown; whereof jects. () one E. B. a subject of our said lord the king then and there was count, sta-master, and then and there also being in and on board a certain ting the boat belonging to the said ship, with force and arms, did betray - culprit to be a mari. the trust in him the said J. F. reposed as such mariner as aforesaid, and then and there, to wit, upon the said part of the high longing to a ship, &c. sea aforesaid, and within the jurisdiction aforesaid, with force and arms did turn pirate, and the same boat, and the apparel, tackle, and ammunition thereof, of the value of 301. of lawful money of Great Britain, of the goods and chattels of certain subjects of our said lord the king, to the jurors aforesaid as yet unknown, then and there being under the care and custody, and in the possession of the said E. B. as master of the same ship, &c. the said J. F. then and there, to wit, upon the said part of the high sea aforesaid, and within the jurisdiction aforesaid, with force and arms, from the care, custody, and possession of the said E. B. piratically and feloniously did steal, take, and run away with, he the said J. F. then and there being such mariner as aforesaid, against the form of the statute, &c. and against the peace, &c. the cap For an as- Admiralty of England. The jurors for our said lord the king sault on present, that C. T. late of, &c. W. L. late of, &c. and W. M. tain of a late of, &c. on, &c. were severally and respectively mariners on ship with board of and belonging to a certain ship called the Walker, then to murder sailing and being on the high sea within the jurisdiction of the him, by an intent some of Admiralty of Engiand, to wit, about the distance of four leagues his crew from the Galipagos isles in the Pacific ocean, of the Western who nad mutinied coast of South America; and that J. N. was then and there (h) See a similar precedent Cro. C. A. 188. Wentw. 50. and precedents ante 1130 to 1133.* and general note ante 1127* to 1130.*, him. (i) [*1134] master and commander of and on board of the said ship; and against that the said C. T. *W. L. and W. M. being persons of a wicked, malicious, cruel, savage, rebellious, and mutinous disposition, on the said, &c. on the high sea aforesaid, within the jurisdiction aforesaid, to wit, about the distance of four leagues from the aforesaid isles, in and upon the said J. N. so then and there being on board of and commander of the said ship, of which they the said C. T. W. L. and W. N. then and there respectively were mariners as aforesaid, unlawfully, violently, maliciously, cruelly, and mutinously did make an assault with a wicked and diabolical intent, him the said J. N. then and there feloniously, wilfully, and of their malice aforethought to kill and murder; and that the said C. T. with a certain drawn cutlass, which he the said C. T. in his right hand then and there had and held, him the said J. N. did strike, cut, penetrate, and wound, giving to him the said J. N. one dangerous wound on the head of him the said J. N. of the length of four inches and the depth of one inch, and one other dangerous wound on the left shoulder of him the said J. N. of the length of six inches and the depth of three inches; by means of which said wounds the life of the said J. N. was then and there greatly endangered; and he the said J. N. then and there suffered great anguish and loss of blood, and continued sick, weak, and languid for a great length of time, to wit, for the space of six weeks then next ensuing, and other wrongs to the said J. N. then and there did, to the great damage of the said J. N. to the evil example, &c. and against the peace, &c. And the jurors, &c. do further present, that the said C. T. the Second said W. L. and the said W. M. afterwards, to wit, on the same count. day and year aforesaid, with force and arms on the high sea aforeaid, to wit, within the distance of four leagues from the aforesaid isles, in and upon the said J. N. in the peace of God and our said lord the king then and there being, then and there did make another violent and cruel assault, and him the said J. N. then and there did beat, bruise, wound, and ill-treat, so that his life was then and there greatly despaired of, and other wrongs (i) This was the indictment against Thompson and others, A. D. 1801 by an eminent crown lawyer. |