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Original copies in printed paper covers are filmed beginjiing with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. AH other original copies are filmed beginning on the first pagti with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ♦- (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plat;4vv / %iw^^ ill 'mm i .11 It i^^i^'!i0^'^viS§^^^ M liP::llii REPORl? OF THE TMI^L OF EDWARD JORDAN, AND j^*ARGARET JORDAN HIS WIFE, FOR FIBACY ^ MUMDEB, ^ AT HALIFAX ON THE Ijtjt DAY Of NOVEMBEIt, 1809, TOGETHER WITH EDWARD JORDAN'S DYING CONFESSION : TO WHICH IS ADDED t^E TRIAL OF JOHN KELLV^ FOR PIRACY AND MURDH^y ON THE 8th DAY OF DECEMBER, 1809. ^^ Frofk Offkial Docments and Notes qf tk^^Triah\ mm-- By C. R. FAIRBANKS & A. W. gOCHRAN^ STUDENTS at LAW. H '^ HALIFAX, lS0t)a*^C(ii| A' 'J. : J»R1NTED BY JAfWES BAGNALL, AT THE NOV. * C^-FICE, SACKVILLE STREET*^ giji #i vH^ WiM-: W. M i .^•t ( > ♦,,-•)» «» #' I - ^ « € TO «><«««rttencp.iL,eutenant.«en«ar. SIR GEORGE PREVOST, BART ^c. 8Cc. 8Cc. THIS REPORT OF TWO mPOnTANT THUZ.S, AT WHICH HIS ^CILLENCY PKes,„ED. BY HIS EXCELLENCY'S ^'''ohcdient and HumhU Servant.^ The PuBLISHBRf.. «' "^^IFAX.Sthy, 'TfA, ISjp^ :. r ,i; > '. .' ff '^T .4 .. • -'*• •t "^v "^ ■■. jiii^i^'^^^^'- - t: 'i SOME time ha* now tlapfed iinee Ednuari Jordan, wh»fe trial it related irt tht following pagei, bat fuflcrcd die puniflimeot alH^ned by the Law* of God and ef hit Country, for the crimes of which, on that trial, he wa* con-i viAed— crimes of foatrocioot a nature, that, they mult appear to furpafs the fuppofed limits of human depravity ; but tiowever great may be the abhor- rence and detettation, which every man, who has heard the tale of blood, mult feel for the monfter who caufed it to flow in fucb profuAon,>—yct tho very violence of thofe emotions will (horten their duration. la a few months tht, name and the crimes of Jordan will only be remembrrcd by the few, whom accident may lead to the fpot where his earthly remains aro till exhibiting a terrifying example of the end of paffions ung«v«rned by reafon. In a few yc:us, when thofe remains (hall have been mingled with their native dull, even his name will be unknown, beyond the records of the Court which tticd him ; much left will be remembered the motives that induced the cummiflion of his crinfet, or the furptifiog and pnividential mcaiu b/^ which they were difcovered. To add one feeble evidence, to the innumerable proofs which exift of the intcreft a Superior Being uk.es in the uanfaAions of mortals, and to prefenc another example of the punilhment, which, in thislife, inevitably overtakes the wretch, who, impelled by lawlefs pafllon, hath wantonly fhed the blood of a fellow creature, were, among others, the reafons, which were thought fuf- ficient for fubmitting the report of jfotdau'tUxai, and that of hit accomplice* to the eye of the public. It is wifely intended by Providence, that the anions of mankind fhoul4t be mado known to each other, — that we may receive ufeful lelfont from the fate of our fellow creatures, and, t>y reflecting on ilie iiiciietnents to the commiflion ot crimes, learn to avoid them. Reafon tells us that we Ihuuld obferve the conduA of thofe around us, whether it be good or bad ; that we Ihould treafure up the recolleAiim of the former, as a lamp to light and cheer us on the jou'n>^y of life, a*d the latter^ as a beacon to warn us from appiproaching, too c! J ' the rocks and Ihoals which have proved fatal to others. With this intention we may conflder in the life of Jordan, hit crimes, .their caufet, and his awful end. ■ From th; brief account of his life, which is annexed to the Repoitof the tiial, it may be colledtcd, that his crimes originated in the fudden i.Titatioii ofpafiiont, rendered ungovernable by long indulgence, and inflamed by* continued Hate of intoxication, in vi-hich he fought to forget mUfortunal brought upon him, perhaps, by his own mifconduft. Revolving in hit miqd hit poverty, the dittrefTed fituation of his family, tke opportunity of retrievlnr his Fortune, and the hope e«<^"fe the indulgence •'Never let man he bold enough to fay. The firft crime paft, compels ii. on to more. And gu.lt ptovf/ate, which tva» but choice before •• U>cm made. ^ ^ 'cmmded of them, as if wc fcldom heard •• to .he difcovery a„d Z^^L^^Z'^ZT^'^' '^f """'^ '""J^^'-' are pure and inaocent, however defcnceleft mav bo u: "•" '''^°^'' '"">* deftitnte of human ?mft,ncc. when the l!„d „?«l5 "'"""".-however life. feel, .confidence that the C^^Jofluftice ThT^f " "ifcd again* hi. «ot allotv the guilty Criminal. even in thishte^!'? ^''^"S^of Wood, will «an. whofe hand, are imbrued In the i^^oiTu'^lZTJL''; ^' '" "'^ fai example afforded by Edward Jordan tl a/ J. T '"*'• ''^"" '^''""•ho try toefcape the hand of juTce.SfjhiS'er^H^''"*'^' "'""»''*= •""V ' Drive tttc hell fromhi. bofom.*»Lvct t^« dL tf"''"' "*' ""^ '" » ""« We at the thought, when theXepi^ L on wlu'^ will come and lethim .rem. taorfereturnwiihredoubledStl torn. "''*'-='""'•''•'«'''«» «f Re- Writing (hall appear on ZZIS^^^^aXS^V^' ^f'^ foul...whe„ -a ha„d- ;*cft ; for .he Vhe Lord Si^uf *rht, .T;e»M' u "* '^'" '"' '"**^^« "" •• "nd forrow of mind- a^i if Hft ^1? ''*""»' '"She*", and failing of eye. •' feall fear day a^^^ht and ^ . '" 'T« *° *»^«»» •>«'»« him! and he yt »«ftauifarl:fdt;Godt;^^^^^^^ '«"• Iati;emorn! T Ocuteronomy, c, XS, v. 6 4-6 5. ■ O' I Membe I R< Jc Swifisu ins with fnull n reality, the lature, ii too le indulgence it only occa< REPORT nrpofcs, and every day ing* ofRo- n "a hand, noeaffi nor ingof cyc» m, and he ' the morn- fay, would « Hull fear to tbe gca- I miud aftcf OF THE TKIAl. OP Edwar d Jordan &' M argaret Jordatu QN Wedne«Jay the I^thday of Noxv^mber, 1809. the cLZZ/f^ ^^^n^'/^^^^ for Pr6c)amati6nV The Commissioner's riat««*lii*?ri^^eeti'{igkin called overfi'i JiMiis Stewart, t^; ffis^ M^je^s Sblicitor General for theProvifid^y ^lid^'^^jther With fe/ed totlie Registrar, Articles of Allegation against Edtvard Jordan, and Margaret his wifct whwein' they W er^ Of the Province, had take n his Seat on tha Beach, m beiac ■ Mcabw of bit Wscftj's Qouncii,. . _ TRI, charg on tti( Tl ed six Tni Lower C Kiog'i Tc murder c whereof net, and ( rity, and j Jordan w the aforef Thij murder to The i firft, with^ fchooner, y The/ to have bc( Thejij «ney»*/ii fchooner 7 anceofihc yc*r aiorcfi fo entbarke tically and J jffbm Stairs, did, firatia and convert and provide * Thejiai andftloniou^ go, agamft tl The All I to the Provo I ret Jordan i I thathejiailt at the Bar^ vi foregoing All «WrvSHEND, r of H. M. 'etary of the re. Collector Registrar of appointing reat Seal of ant to the appointing; ners for the committed ih of Oeto- imissioners IHisExcel- oalh* pre- ed it to the rw Belcher^ oner Three e\v. esident, to h he read s- Fawson rskalt) for rn thereto, nv ^tiin called 's Sblicitor ith 'Foster » detiveped st Edioard \hey jrer^ otney General ft^mbft of hit I rHALOHDWA«D AKDMA«0A1BTJ0«DAH 7 TH.jrA.yrch.rBed.That&r««^i>^^.l.,eorGafp6,i„ thtProviace of Lower Canada. Dealer, cm the I3,h day of September, in tbe 4»th •• -tr of th« K.ng'i reign, frloniomly, wilfully, and of hi. malice aforethought. o.d kill and mwde, one r*o»,,. Heath a feaman oelonging to the fchoonei Tlr« Sifter,, thereof John *..„ wa. then Ma.tcr. wi.h a P,nol. on board .he fai^ fchoo: ner. and on the high fea.. where th« Admiral or AdmiraU have power, auiho. ntT..ndj„r.fd,«ion j and ^}^t Margaret Jordan, the W.f, of the f.id Edward Jordan w... then and there, udinj and affiAing the (.id E. Jordar .o commit the aforefaid myrder. Th. ficond article waa the fuM .. the firrt. except that it charged tl • murder to have been committed witli an axe. The third .fticlc charged the PrifoneA.in the fame manner .. u,. fSrft.wUhihemurderof JI,.E,-.«A,jMir«*r««af..man belonging to the faid fchooner,witlia^t)le/. to have been committed with an axf. »*"a».f 3^yA* ««i«»e charged that the prifoncri, wickedly ionfederatiB, wi* ' «"e>*«JC*//y ,ot«r„Pir.te.a«dRo.b«..a«dto run aw.^w.r^f w fckooner Ihr^ Sifter,, under the command o. one JohnStZ, "i ia^poS^ ante of the faid confederacy, on or about the loUi dav of s»n.«»i year .orcfaid. embark at Oa.... .nth. f.id fchootrX "r.^d'Je^g- fo embarked, did. on or about the 13thof fcptember in the yc,raforcOMd *,>« rirfl//)-Mi/,/.«»,y7yukc the command of the faid fth,i,„cr f»« f^e f^j JobH Stairs, againft hif wUI. and. havi.g compelled hi^ lo leap lAio th* fe. ^^A.tiratically^t feloniously, runaway wi.h qie Ui^ fchooner aiid h« carw' :;dZ^r''™"" *'■'""'" "^' ^^^^.^^^^^ andfelomoujty ftolen. uken, and run away with the f..d fchoon« £!^^' go.agamllthew!llofthefaid>A«s<«r/. , «Viieicw. ret Jordan , the order being deiiveJdm ,k o «<>*»«» Jordan and Marg.. i.« J» f.r ,Wir .rial, ,|,., „„,a ZkttSiti »pd Wn|f day* ♦•^ ' M ff !/ TktAL ipP (CmWJUlb AND MAROAUBT JO&OAK. ?»'*fCV— '^ft\fl)i,^nif,^bav5»nyWitnea5es, whom ycuwifl^ to ap- pear on your behalf, you will now give in their name* Uiat they may be fmn- mppqd to ^ivo their attendance." . ,/v:»^.. Margaret yordannmed William Crewe and jfohn Pigot at Wtneffc* oh her behalf. Pr^/fdrfsr.— "'PriConcn.'tneahtcleg upon which fou have been artaignerf art plain ntattert o!f Pad), but that y6a may not complain of any :hafdniip,'«hc tJourt will order a copy of the article*, exhibited agjiinit you; to i1>e fkdiyered *o yoti,«hd willallow any Gcotteinan of the Bar, whom yon may think propoi to tmptoy for your afliilance, to offer arty matter of Law to the Court !n your Jbehair upou your trial,"— The Prifoners named Lewis M. Wilkins and 8. B. RoBii, Ef^uirej, .fortjieir Counfel. They were then remanded to the cuftody of the Provoft Marshall, and the Court adjourned imtU ThurfJay at eleven o'clock. On Thurfday the 16th of November, thoCouttmetpiwfuaat toadjouroment Wfcen ^he Commiffioneis Himea.haviag bcencalled over and the Court opened, the Prifoneri were -placed at 4he Aar, and M*. Hstchikson on the part of the Crown, proceeded to open the Pleadings of the Court, Thi« it a Court of Special Commiflioir.affismhled uodor a ftatutCk. nuwle in the.ll«> wl'iath sejW of ^^f^^^l^ u,, ^|rd, for jM^<; fuppwffion of Piracy. ThePri(uhert,tt»heJ?arft»n«llA)ir"i;kijaon*nAIl«t(ttion, Itled hy hia Majefty'a 6dUeitor.iaene^l, by wl^ich ihey itie charged with having comiaittad the vriin«» 9f Mucdj^^ Piracy, and Robbery oo the high (iia,near the coattpfNova- Scotfe.^ «hd WUhin the Jutiidictioh of the Gonrt. I JMr. Hutihmfin thtn opened ihe^teiMi<)n[dAdf^^^ ,4^ «Jyfo»ff of nhieh *(?f"'^ffT''^?*^':? llFthecrim'es,'whh which the PrMbbers arc charged; ivefe offrc^ucAt occurrence, and came^fteh under the cognizance of the Gourti 1 (hb'ulJ think that t had aVreiaily fuflitliently performed my duty by opeaiUg ttilTf^eadingt : but at Cafct of Piracy have feldom occurred of late years, it may not be amlft to explaih the nature of that Offence, and to fay a few word* «j t**Ot%i«<:b«ilititlbiiahd «Jweh of the Court, by which the Wifcncn are noW to he tried. Piracy it faid, by my Lord Coke, to be (Jerived fifoiii a Greek, jwora figi ii«yiiijr»*tHf<^;*otitit defined liyLitwye^i to extend to anfR^^ preAMion coinitiitted on the filgh S Witneflci oh m b<>en anaigneH ^any hardniip;«hc juj to *e fldijirefeit itnay think propet o the Court in you'r ViLKiKs and 8. R. >dcby hiaMajefty's Off Gonunitiad the the coaltpf Nova- hin/on then opetiei vbflatice of nhieh lers arc charged; anecoftheCJoutk, duty by opMibg I tif late yeari, it 3 fay a few word< ich theniibncri Jreel^ word fig: ' Robbery or Be. [ainft the Xaw of WthoT, a^ }toitit iety, and tedn- ank^d, all ina|i< 5 that puniihment, which, in a fi^tcof nature, an individual might, fcranin* vaiion of lu> perfon or property ; and indeed it was anciently held that any Perf«in, who overcame a Pinvc, migtit put him to death without the formal i« ty of a trial. By the ancient Common Law, Piracy, if committed hy a fubjeA, was hcid to be a fpccies of Treafon, being contrary to his natural allegiance, ami by an Alien, to be Felony only; biK fmce the ftatme of Treafon«, of the 25 E. S. c. 2. it is held to be only Felony in a Subjcft. The Court of King's Bench had certainly a concurrent juriididlion with the Admiralty, in cafes of Felony done upon the Narrow Seas or Coafts, though it were high Sea, bccauf« within the King's Realm ofEngland. But this jurifdidlion of the Common Law Courts was interrupted by a Special order of the King and Council 35 £. 3. iince which it docs not appear that the Courts of Common Law toolc cognizance of Crimes —•nmitted upon the High Seas. Lord Coke lays, "There " is a Felony punif e by the Civil Law, bccaufe it is done upon the high " Sea, as Piracy, Robbery, or Murder, whereof the Common Law did ukc no " notice, becaufu it could not be tried by twelve men." Pirates were tried by the Courts of Admiralty, which propctcded, with- out a jury, in a method much conformed to the Civil Law, but the exercifc of a Criminal Jurifdi£tion of that nature was contrary to the genius of tlie Lawa of England, and became very odious to the Nation, inasmuch as a man might be deprived iif his life by the opinion of a fingtc judge, tvithout the judgment of his Peerii : and besides, as innocent per/bns might thus fall a Sacrifice to rhc caprice of a single man, fo very grois offenders might, and frequently did, ef- cape punilhment ; for the Rule of the Civil Law is, that no judgment of death can be given against offenders, without proof by two wi tnefscs, or a confcilion, of the faA by themfelves. this was always a great offence to the Chgliih Na« tion, and therefore in the time of Henry 6. it wm endeaVonred to apply » Remedy in Parliament, which then mifcarried for want of the royal affeni. Afterwards the fiatute SB Hen. 8. was paffed, which enaAed that ail Felouiea and Robberies, committed on the Seas, or in any place, where the Admi- rals have jurildiAion, fliould be tried by Comniiflioners to be nominated by the Lord Chancellor, namely the Admiral or his Deputy, and three or four others, (among whom two camtnon Law Judges are cooftantly appoint* ed, and who in effeA try all the Prifoneri,) the IndiAment being found by a Grand Jury, and afterwards tried by a Petit Jury, As at Common law, and that the prucucdings (hould be according t« itae Common Law. By this Court, i'iracies have been ever siqce, and now are, tried in England, but, as it was eftablilhed before the fettleiaent o( ih« Colonics, it was entirely confined to England, and therefore whoa petfoas charged with the cri.-nc of Piracy were brought into the Colonies, it bi^iiiie neceOary to fend them to England for trial, and J believe JTWi^lAtbehft perfon who was fent honie for that pur^iofe. To nenedy fo gnat ait in* convenience and exnencc, the tlatute of William 3d, was paflM, wixi^' after reciting the difficulty and eUpi^nce of bringing perfons, who bad folblHlnil^ia* cics in remote parts, te ttia'. in England, enaAs th» «U Pit««iet, fClllitel* A4 1^ ( 10 TRIAL OP EDWARD AND MARGARET JORDAN. M.jeny'. ,flandso,Pla„u.io„s. &T by c«^ K.ng's Commifllon. underthe Great SeairEfrr" ^ -Wointed by .he noralty. direfted to any of the Adm ral, &' "n " T "'?'"' ''^ "'^ Ad- B'ven upon oath, atid to call a Cn,,rt ^e aj '. '/"y'""^" o«cnce$ ftaU be nies by 4 Geo i /. ii - /• * ^^* ^'''' ^^'cnded to the Coin «.r*,,„b. •■thea„r»wl„l killin„V , '"'"'O'— Lord Cofcc-difinei «f«tll.o»jht either eipref. orimnlicH •• »"^ *f™.on, wi,hTOli,6 ■' "-UM o. .H.^„d, woo j.:t?ru's„°;.t "'* ^-' «'''•• ofthofc offence. .• but;S reSt„?h7' ""'"'^ ^"' °' "'^ '><^'5"«ion fitting . bare Theft. incoZl^^'T. '"''" ^"^ ""-«""-» for com. ae co„.«it a Theft, of her own LT t^ A^Tb" °J '" ""'"''' ^« '^ her Husband, or be «uil.v of tI^T ' ^ "'*' ''"^ command of P»nywit.h.orbycoerc ''onL'^^:tnd?'^^^^^ " ^'''"'"^' '» -"" .fl'e were sole, I„ this cafe the a.? • " P°ni«'»''''^ as much « if '^ori.n With the cr.me of MLte^rr^'^^'" 'he Prifoner £.«„., .and aflifting him to commit it. fheVh r ^"^^^'-'^ >'"'''"'. as aiding -d may be con.ae'drd ^ n'istd as J! "' ""'k ^"•7^'=' " ^ '"*"^"'"' , 'i'cTta have been jointly coLitted by Im ""''''' '"^^ .^";^:^r^:r^:rth:^z;t^;^i;.^^ ,I^V*ci^. .hgli be tried, in the f!me ml T '^"'^' '"" Acceflaric. to '%*«a^ofthc8tl tieo , aL7 "' '^'^'^''P"ncipals. and. by ,he ^fe-W^^^S^^-^PpunisKm^J; A"^«-"- are m,dc Principals, and rendered ^ i Tl admini tlic rvi only rei Statute CTinies, I It is ' Majcfty, againft tl i "pon tlie ' Court is I •■ with his I ' duty will V, awful caf I lecution. f the prifor < but, in the ,; than ufual - vcftigatiot) In the ^; criminal c; very turn a tionofGuil produce to ever appeal fidenec in i [ whatever d( the unhapp] your Exc^ I vcned un^ei I there cannot ftuteand ihq orj Innocenc ^behalf of the |novv.proccec imemoiry will |I muft call to fh'citorGenera King and, di «ndetb*rob/i ' JORDAN. !»c Admirals haveju- Land, inany of His e appointed by the licScal of the Ad. :rfoni and officcrt it. who ihall have real of any of them, 1 offence* fhall be :h fliall consift of faid offenders, ac o. ' perpetual by a ided to the Colo- Commimon for have been tried afTcmblccI to try rd Coke^dtfineJ n being, and un- ion, with malice J, by Sergeant gh Seas, which, in considering up to the ex. which will be the definition fordan, it muft Id tJjat of her hough a Feme hority, which nent for com- tusband, yet if ! command of -fy. in com- as much as if oner Edward I, as aiding » a Principaf, me had been :ceflary, that ccefTarics to md, by the id reodercd ■t TRIAL OF EDWARD AND MagarET JORDAN ' ]) This Court sits here both as Turon an,i i j * .Jminifler theXaw, and if your Ex{ J "2, J"' '""^'"^ '^' -^ '" «i.e evidence, which will ^c rroa..cc ^of rt^r.T^ri;.^; '''''^'' ^^ only remain for you to fcntence them to receive It P ! ' " "'" Statuteha. d.re«ed to be i„fl.«ed on .i^:^: Z^TZT''' , cr.n.e,, wherewith thofe P. ifoners now fta„d charged "'°"' M«. Solicitor General. [ May it pUafe ytiur Excetlemy and honours. ; It is my province, upon thU folemn occaf.on. as Soiicitor Genertil «f Hi! Majeay to «a,e at large the Evidence, upon which the r "cs of ^1 L": asainft the prifoncrs at the bar have been fn„n j i . anegaiion "ponthefubjeaoftheLaw.undertL „ : ': , TH^'T " ''' Court is now fitting, as my learned end ' '''' Honourable wi.hhisufualprecfsion and abi i^y ^ 7": .7 r*;:":"^ '»>; ^''*^«'^'°"' ''- duty Will therefore be, to give to v^fp . "planat.on. My fole awful cafe, as it rtandl upo 7a ,1 L " 7 ^ "''""""' ' ''''' "^'"^ fccution, will difclofe, an'd upo ^at Te,? I""'"" '." """"' "^ "" ^'"- tl.e prifoners. This duty it fs 1 n^T! ' "'''^°' *'' """''"" "' but.inthe prefent ^^^^^ i:::!^:::: ^::z::^rT ''"""" very turn and eourfe of the e,^denr/fr ' ' " '''' '"'""eh"'" ^- .io-ofGuilt.-In.ddi;Lrto the orc^ of ^^^^^^ " "^ "-'- produceto,.CourUchainofthemo;t-ri:;::iX';:o;r Whatever doubt, may exift, even in my ow„m„" Is !!''-' "-''"' lheunh»ppy«;o«a«. ,n """I. as tothcconviftionof ypur Excellency and Hono.r. compofe a high and refpedlable Court r. venedun4.r,. Sutute framedby.he wifdom of our ALftor^ ^ha, '. therccannpthave been greater or w.fer men upon eaith.antndc t T r ^tuteand the oartipr9fcphcd,by it,you are call, .rf, * ""under that Sta- Jor, innocencp of. thc.Prifo^eValle Bar ''''^''''''■°""""'' '"'' °"i'' WoftheCrown,ndoftl^>r^ ;^;,nr: •^ ^''^""^^''-^ - Inowproceed toaVecitalof .UeCarkcInL^/ '** ^"""'-^ *=•» re™o,ywiUa„o.me..ndaUh^taa:^^v"rr'*"^''^^ fl mufteaUto it the ftcady attention of t^^^rHZut °i ^^°°'' """^ ^-^^r. i *:mW «»rf, rf*r/., the detail and at tbrJ '" "" "" ^"'^ "-^ ''' ^ndotb^obfervations.) '*' "'^'''"'"' «/ '>' ""''^f «^ /p//««-,>^ s ; h2 TftlAL CF FDWARD AND MARGARET JOBDAN. Should Uie Eviden»*c come up to my detail of it, of Which I h»VC not a. doubt, your EjtcellcDcy. and Honouri can have no Difficulty, in yoi>r minds, as to what cburfc your fcnieucc fliould take toward* the Prifoncr Edward Jor. dan. Wiih regard to Margaret Jordan, I admit there are many (hades of Guilt between her conduct and ttiai of htr hulhand, in the horrid traafacticn ; hut it is my duty to add that, although in the eye of our Law and of Huma- nity, the coercion of a huA>and may, in mauy cafes of Guilt, extend a great tvay towari's tlie exculpation of the wife, the principle cannot be applied to a Criihc orib heinous a nature as Murder ; I muft alio ^dd that, in point of fa£V, t do not conceive itwitl appear that any coercion of her husband exifted in thcpvtflie took, tor^ on the contrary, her interference muA have been vo- luotary, and her feelings could have been under no reflraint from th« (cene of Blood pKfenting itfelf to her view, when fhe exclaimed, in reply to Stairs calling for Kelly." '« Is it Kelly you want? HI give you Kelly."— Her condudt, however, and her fate I am willing to leave, without fuitlier obfer- '^ation, in the hands of your£xccllency and Honours : Altliough a£ltng for the King and for the Public, I am not afltamcd to declare that, Ihould your judg- ment acquit her, it will be no difappointmentto the profecuting C ounfel, and the Public.wilJ, I am confident, apply the humane maxim of their forefathers, lo peculiar to the Common Law of our Land, that, <* It is better ninety-nice " guilty pcrfans (bould efcape, than one innocent pcrfon faflfet." With regard to the prifoner Edward Jordai^ I cannot but consider his fife as inevitably forfeited, for it is not hi the power of the human mind to re« jc^the force of fuch teitimeny, as willfooa appear in bia ptefcncc, fraught with fuch circumftanees of horror, as cannot bat raife a blufli in the face of human naturt:.— The crime of this unhappy man has been committed under llic diabolical influence of alinoft every bad paffion , that could irritate and sermentbis difturbed foul, nor could tlie prefcnce of his wife and his children roufca fentimeut in him to oppofc the iuftigation of the (fcvll.> -From the time of bit quitting Gaspe, until his departure from the Bay of Stills for Ire< \ land, one would imagine that the folc occupation of his mind wax MdOd and murder. On the other hand, how evident will the teftimony lho«F the inter- ference of God in throwing continued obftacles in the way of his efcape, 9 that he might b* bttiught to the place where he now fiandf , and in fmuring the prcfcrvatiou of dviddnce, that his guilt might iiot go unptinifhtd. The I wonderful manner in which Siaiks has been favcd td tehfront hilb, and the forthcoming of fuch intc&igcnl witncffes, as 1 fhall produce to the Court, pro. 1 cared by the hand of the Pritbncr himfcif, after tlie commi£Sonof the horrid dced,(hew the manifcft«id of a providence. As further evidence of the fame providential iDtcrfctence, Imay teferto; the condamr ioterruptioDS ho met with, in the profecution of hisdest|n to go to Ireland, to the many times the velTcl was forced into Ports, to-whichUifl prifoncr never intended to go, to the delays of departure which fo inccfiCutljfl JOBDAN. Which I have not a Uy, in yoitr minds, 'rifoncr Edward Jor« re many ihadcs of c horrid trwtfactiun ; L«w and of Huma- uilt, extend a great nnot be applied to a thatr in point of fa^^. t husband exifted in nuA have been vo> aintfrom tli» fcene i, in reply to Stairs J you Ke)ly."~.Hcr ithout fuither obfer- ilioiigh ailing for the ti Ihould your judg- icuting G ounfel, and I of their forefathers, s better ninety-nice fulfer." 9t but consider his e human mind to re« hiaprefcncc, fraught I blulh in the face of en committed under t could irritate and vifc and his childreti e devil.- -From the Bay of Bolls for Ire- *, mind was blood and ony flie«F the inter- way of his efrape, d», and in fiveuring ;6 unptioiflied. The ttofronthiib, and the ce to the Court, pro. miCSonof the horrid rence, Iioay keferto^ t of hit desdkn to goj Ports, to^whichtlM which fo ince£Eutl]i| TRIAL OF EDWARD AXD MARGARET JORDAN'. li occarrcdj and. laft of all, to the fuJJen appearance of His Majefty's fchoftncr CutUe. wluch met him at the very moment of hi, flight, and afcer he iiad pro. ?„7„"^K ; " ^ry '° "* ""^' *''" *°"'"^ " «" " »"«•>*" '» «'ikc terror into thofc around him, by wholfe hands he vainly hoped to effo« his efc.pe founded. So pUm and fo forcible WiU bfe the impreffion of the proof, upon the mindsof your Excellency and Honours, fubftantiating, beyond the pouibility •f adoubt. the guilt of the pri«,ner Edward Jordan, that 1 Ihall not take up the further time of the Court, in roafoning upon the evidence, or making any addiuonal remarks upon the nature of it: the tale is tedious, butitis an awful and an intcrefting one. To your Excellency and to yo« Honours I now commit the Prifotiers ... You coropofe a Conrt. to which the ey. of an Engii.Oiman. it i, true, is not much accuftomed ; but you are a Court high .ad honourable, to whom the nri foners may well truft their lives, in full reliance upon your ability, your in"- tegrity and your independence. The Prifoners may Be looking round for . Jury, a s.ght fam.har to us all in a Britifli Ornrt, and dear to every one bf u- or I verdy bel.eve we .mb.bc the love of it in our mother's milk, hut, Jon the prefent occasion, the forms of a law. different from our own are 7,Z w.feft purpofcs. direfted to be«bfe>ved. This can work no in'ufticTo " ' ry to the pnfoncrs. who. if not tried here, mu.l have becH font ti^ng^^nj Zl there tned. byajnry .t is true, but in a ftrange find fn v mO^ ihl V could have been known, or hoard of. but in tf.e rechij;. "^^^ ':Z to dagainftUjcm and where they could have been, but «o«,Wo, ^iod by their P<,rs, the great and j uft boaft of our Comtnon Law Tribunals Thus i:ar I have difcharged my duty in opening this important cafe to your Excellency and Honours.-Tou. Sir. and the honourable Men on eacu side of yon. have a more fcrious part to aft upon this occasion which k ^o doubt. wUl bemoft coafc^ntioufly and religioufly pcrf: ;:j'?„; „'"! performance of which. ,yo„ will have the faU'^aion oHoing T C IJch you owe to your King, to your feUow Subjeds. and to your Q^ ^' (ortilTci;:^?"''""'"^'' hfeshouldp.ceed to examine th^ Witnefles low.^1" *^"""* ^'"^ """'' ""* ^*""' '''• """'"^"J.* »hd depofcdo, fo:. lam a Mariner and Ship Mailer^ and had laft the comm=-rf «* .t SchoOnlr^Three-Sifter.. which! received, on b, dZt ihl'.ri / . laft. frOmMerrs. jen.rtt.nand JohnTremain at hSx I fa .S'r °' ^^'^ place, in the faioe Schooner, on or abo« the miZ.tJ"' '"" bound to Perc^e InCasp.. foruie purpbfeof prIS,J:!3Cato7;^^^^^^^ Edward Jordan the Prifoher at tl>e Bw The cr!w . C"go of Fish frent. have beci^ omitted^ and the siifwer. to llirm cw.d ever, has been taken to prcftrvi-, as much iis p6§ part or fheqiiefliorii IfJiled iu many places ; t pofiible. tlicijortl. rtldby tj aif, ti'«»«• Heath fell on hi. and wipeJ away bloJd ^Za „ J "* '""*'•*•" ' P" "^ »>»"<' '« "T f«c Heath ZE^l^lTZTJrj^tT"^ "^ Hea.,or„Veif. to my trunk for my piftouXt ut^ L, . " ".""" '" '"^'^"'^' ^ »" »henf.archedforac«Uh b^^;ir /ir "P*"' *'"'•»" P'^ol* gone, i «ndeck. and.a.Iw««^i. Tl^J"^***'^''"*- A"""*««««n.iaed togb the ladder. .p'Vor" Kft h.«d 1?" *=«»'"« •>«'^"-"« had one foot oh muzzle, wicaedufrom him.aadthJewitorerboard, at theM«/, ™. i „ ?. B7thuL?i kT?"" '""''^' •''• *^''"*""'^ wounded, and feU dowa By th.. time I had taken the axe from Jordan, and was try in* to hit him JI.^ .t. btu he held me fo faft that I wa. unable f do fo , I. ho^eler 2" /h' axe overboard.,While I wa. calling Kelly to my aflilancrMa^^^ r, j'! «ruckmefevejaltin,c. with a boat-hook handle. Uylnl^ ''?^^kZ I -"^, rUfi^ey^u Keify," Befbrt, I camt, cut 6f 'JZS. I h»Ll2r* rLf« ' Z^.'^'r^'Tr' much-After getting myf.,, de^r from Md.n went aftand got an axe, with which he returned, and, pisngby Maithev,, ftruck him three or four »,t.ko. onthe t-ck of the he«l.^lnding U,e« wal anV al' * **' 7 • r ^ ""'■'"'•* •" ^^' ' *'*'' •»« "atch into .he fe, ^3^x1;,""' r" •'•'"' "^^ "'""'*• Whilelwaaftruggling , " uh Jordan. Kelly appeared A. I t^. When a>efore the ' ^ Q. Did yi 9. Were Q.Wcret ;. Q. Wa. til 93d in hU h |tnow. 1 wa ,: Q. Did y( iflid not. I Q. Where oat-hook hj «J. or wh! Q. Atwha ber blow. } Iruggling toj Q. Were t' Q. During ( bcfl of her w (j.Whrny fore the wine Q. Did you vent at the 1 liauled up for ET JORDAN. airired at'Gup< freight, coafiftinc >hilut Fox, about •a hnndrect from Tgo I tarlcd troni . The crew and liomat H<-ath, and dan his wife, and On the 13th ot' White Head, and , who was at the twelve o'clock, I >ns in the cabifa (i(j, and rather be. tta,ifawapiftol acic, and Jordan limed it at lae. I ) my nofe, taking Head) fell on bit ' hand to my face heatli or nyt'elf. to myfelf, 1 nm P piiloh gone. I deteimincd to g{> i had one foot oh -I feizcd iMild ot * — 1 flieved biiji ily fetaed by the etimcIwaicaU. egavenoBoan. and Cell iown. ; to hit him with ^ver,ilnrewthc largaret Jsrdaa ' /' iV KeUyyok heard dtftitiAly (aw Ifeatb ly. ir froaa Jordan , of defence; he K by Matthews, uiing tlieae w» Itch into the fea wai ^TvfgWnz ^ ling a pifiol,... half, and wat Doner — ATter :ould perceive PRIAL OF EDWARD AND MARGARET JORDAN. 1^ •ine ortwo fail at a great diftance to Leeward.-Upon the raptain'. aflcing me 4v^. wa. the matter uith my nofc. and how gunpowder cam. into my «„ f * m h.m What had happened, and requeued him to bear up. and periup, we . J..ght recover the Schooner Three Sitter.; but he faiS he w^nld n^ Pevate frort hi. voyage, a. he was inlurcd. and. if ,ny thing ftould happen ^e underwruer. would not be .nfwen.b,e. 1 then asked him to put mcl* #hore at Hal. ax, byt he refufed. for fear of having hi. n,en prelTed.-lr ZZ .|.t H,ngl«m m the State of Maffachufett. Bay. where 1 extended a P Jch Jind cme on to Halifa x, having m pobhtoed an account of the Murder ani ?P.racy m tl,e Newfpaper.. and caufed circuUr letter, respeaing it to befcnt t! |lhe aiffercnt CoUeAor. in the United States. I Soliattr General. Were the pertons on board, or any of them, intoxicated fwheo you went down into the cabin for your ^uadnuit ? Anfiver. No the^ fwereaUfober. ^ ^ «o. they j Q. Where were Jordan', children at this time ? A. They were all aft fittirfr l»wn ; I believe tiiere was a feather bed beii>r<; iheni . ^ I Q. Where wa. the prifoner M. Jordan ? A. On the quarter deck #e?k »'^A."Yer, *'"* '"'" '*'' "''"'' "*'"' *" '"* "'*' *"*" '•"''^"«^" "'^ \:^ti^'£^^ ^' About ten m.„ut; * S' w"* ^"" lock your trunk then? A. Yes. and went upondeck 9. Were your piftols then m your trunk .» A. Yes I obferveH tu»L .k ^ Q. Were tuey loaded? A.They w,^o. '^- *"'* '"''<="'^<' »^>n there. . Q. Wa. lUo pilTol which Jordan lircd throuch the skvli^hr or .hn, ...i.' u .. iad in hU hand, when he met you on ..,e ifddc " y/u 'oXi a d „'o^ |tnow, I was too much confufed 10 obfervc. A. 1 ao not ^ u! chUdrcn on tleck the whole time? *A. They were lor^t^e 'Zr ""• "" '•^^ '"'**- *« «-«»« ' A. 0/r her ce«,re. be, puled«p forme, butagain m^Vfo^oThX^t ^ *'' ' **^ •"^''- rrom'jJi';mi*;^r,f°"*^"'"".^»'°''''''^*' ""' M»njarct Jordan w« on deck, ^rom t|c ume that.yo. uxnt for your quadrant, until you returned ? A. 1 ,i ff ! 4 illM I II ! Ill 16 TRIAL OF EDWARD Al^D MARGARET JORDAN on deck, it wa. directed ..you? A I am poS. ' '"" ""'"« 1^" -' " i'rf/. Did you receive any material injury from th* hi».». • leftien, i Edward Jordan ? A. No, they hurt me a little. ^ °" f^ide a ma the^mL^i'I "**" ^" **"«"" ^"''*^" '^'''» *« boat-hook handle in her hand ^°'' '"'"^ J" the moment you came on deck > A. I had enough to do to uke careof ^v 1^" 'he re PrZu ir '"'J''^' *"•* '^^ »"« "> oWer^any thiirifaw^r ^>*n again. c^r ""lyzt: "' '"'""' '"" ^"" p'""'* -«"' '»'^" 'rom thef dot; Cra// Examined. ^««»'/.V^«-HadyouanyPiftoUofyourownonboardthefchoone, tvhcn you failed from Gaspe? A. I had. a^a tne ichoonei A. I .old a pd,r of Pocket Piftol, to an officer in the army The Witnefs then withdrew. Hi' as fo,^^: ^'''" "" ''^" ""^'' ^"^- ^^"'2 ^-- -«^ -a«"«d. he depofcJ i. vedtel' '''^rr" ""^ '•"°"''" '" ^""""^ ^='y •" Newfoundland, i have 1 came alv"^^ ^^*"' '"*^ "»-"n°"o«- ^i» be eight week, fmcc I left ir. cither bv Z„ «,"T? *'"* "° P"'""" ^'^^^"^ J-''^*"' '^"° '»>« ^^" inrlrtno r °'^°'""^*'*"'*^'"'~'"- ^ «'« ^a*- him in Little Bay r^ulT^T ^^' ""^ *" **"''" '^"' ^*"' °^ September laft. On that day, wbic)> Se olTrAT'"" ^T^ «he fchooner Three Si«ersmordertoge..paf. faje to Hahfax; I wa, told (hew.., ftort of l«..d,.and I Ihlpped, wii theprl- W Ed^a,d j„rt^^ ,, ,^^^ ^^ ^^.^ pj^^ , ^^^ ^^. ^^^ ^ ^^ ^^^^ ^ ^^^^ mto 'he hold to do fome work ; i f.„. the fi(h tortcd about i„ ,„ unufua^ man- w^:: r; :r: ""■^^ ^-^-^ '- ^^^ -^^ ^-^^^^-^ '^« p- •«' «•'« hT. voudon'rrr """ 'he run.,way account; Crew* thea faid " If y- don . g., r .on, either... We were going on (horc. all hand, pf «,, in the [ordan thei »f fiih, anc nyfelfnot |old me th lunilh me, ty thing! o xounti. I thought he im I futp< ).— I told id which 1 >e wooda f< I did not I rould publi: Newfouni if objeAioi lunt ; he i le was Iteer to St. Marj >ere fix or fi er William Tavigator; — ifere we coi lailed the bos lUl. GAUEt JORDAN I TRIAL OF EDWARD AND MARGARET JORDAN 1? y^ u. ..e .o„ «. terror *:ir.r:z;;r' ?r :i;r ^- *^ comiB, ^„ „„^ ,„^,,„g J ,„ j,^ ,^ ^^ fchooner. I thought that, if I did not ge t the pro the blow, given you bj ?^''"' *' '^""''^^ ' ^"""^ """'""' ^°' "y "« 8oi"«i f<> » "flced Stair, again fending yeurfelf againrt '*^'"' '""^' "" •"' ""fweringme that he could not give it to me. I told him to L tide a man in my place ; he then went into ihc counting houfc of Mr Thorn' »ok handle in her hand, t^ '"'"^ J°"^'" '^" ' ^""'"^ ""' K" 5 J"''''" 'hen cam. out and aUted me what' . do to uke care of my..r" '»>« '"f»n '^.t I would not go; 1 told him I didnot w«.t to go • he wen '.l,H"*'i?^1"- ^ "'""• '"^ "^" '^'- '^*"""' '"« W'"''»'" Crewe and 1 would ILn jo.danbef«e.e... -rzT;j::r-^'z:::^T7-'^^'^^^^ we. taken from .^ ^^ ^ ^T ' r ^^ ^^ ^^^^ ^a^^.^ d underltand how h. ^ y ^ ;^°:: 7V H '"'' l'"" " ^" "^^ ""'"^'^ »''= »«'«'• "'•^ .on.tku...e.pt.n.:pei::rif:::tr;t-^ .nboardthe._lt::::ri-— -— ..yrelf .ot to go .n could help it. but Mr. Thorn and the/uHi of " ! « iold me that xf 1 did not go on board, they would tie me to tJ.e d^XsZ' .y thmg. on board, and came on ihore again, two d.y, after, for my biU. a^d xount.. I wentto the counting houfc. and alked forthem, and toH If r Tho^J - thought he had put me into a hobble , he aflted me how w.. la. !ld?. ^ ;.m I fulpedled we were not going to Halifax, he aik" ^ t"; tLlf 0.-I told him I judged io from the thing, which Jordi wa. buviU Z >d Which he could get much cheaper in Halifax.. -and Thad SrC: ,e wood, for my money, and leave all my thing, on board, he tol'me Z I d.d no go on board, he would put me in Iron,, and if I ran away "hat k. ould pubhlh me in the paper,, fo that I Ihould not be able to ZZ' . . Newfoundland. , then returned on board, and JoLa„ led me w7 ""'^ . <>.e^on_ to ,oing. , told him I expea;d ..e'::^::^ 2:^2 >unt 5 he fa.d he wa, not. We put out to fea Ihortly after : I did ZtLrl ravigator,-.We took m a'^1 tXlfd" for StVf " ^7 * "''"' " * =fo« we could make anv harbou wT' ' k^^ " '' Newfoundland; but. i«lledtheboatmafter.a„daShT;rirH r* ''°''-^^^^ and Mkedhimto^let him hav. apaffas^to St. John's, jor. ur piftol. in Gafpc > tic army. xamlned. hedepofeJ ewfoundUnd. i have : week, flncc I left ir. rdan. who then Went raw him in Little Bay On that day, wbiclk m order to get a paf* hipped, with the pri. Iwajfentbyjotdan ( in an unufual man- it part of the hatch weU at mytel^ and eafltcd nieforwhati >rew« then faid "jf 'I hands of nt, in the ;; i I 18 TRIAL OF EDWARD AND MARGARET JORDAN. Win and I weni In the >K)at io St. John'i to get a N>vij«or, leaving'tht fcbocner «IK at fca, ai ftic had nm wind to carry her into any harhotir. Wc got a K,. vigatoratSf. JM..,i, and went to fcvcral harbourt in fearch of the fchooner' and at lat) found her atTrcpMl..-«. We went on bwrd (|,c right of our .rrival' Soon «ftt:r, Jortlaii, who, i fuppofrd, wai drunk, and Ktlly. (,l,e mart wuj l«rmcr|y calJid himfelf Stain, but wl.ofe nat«c 1 th< n knew) had fomc wordi and fttuck one another; the former ran tc a trunk*, where two piitoU «I. ways lay, hut could not find Uiera there, a* Kelly had them und< r hit bed. 1 few Kelly taking the pilluU from undir the bed, and called to Power who came and took them from him. Jordan, fcveral time., wanted one of the pifloh or the muf.iuet to ihoot his wife, and would have done ii only for myfclf The 'J next morning Marga'C. Jordan called me up, ,n ho-,T before .lay, ,nd afkod '« me to put her on niorc. and let her take fomeof her cl..thc« with her, as fhe wa* J alra.d her hufban*! would kill her. I '"W her he Ihould not, while ftcwi- I and r were on boau). She then faid fhe would hcive h: r li:e on my hands I Hold herlwouldgonn fhore, and bring a neighbour of l.cr's, whomighiJ tike her on Ihore if h» ch.fc. She told me, if I would carry her alhorcl cant liy ihat expreflion, and (hsi faid it' was' only the tftiet of liquor. Jordan told mc, that he owed fomc mont7 in Halif.ix, and tlYat he wanted to go to foinc market, where he might di'pofe of his cargo to the grcatef; advantage, in order to difcharge the debt. • Solicitor Cenerai-^M/hcte did yoa firft difcovec that his name watjor- dan ? A. At St. Mark's, hot cannot recolleft when. Q.W^heii did ymidifcover that the mar, who etllcd himfelf John Stai.s, was JoSn Kelly > A.I cannot leeolloa when 6r where, but I think ii waj at St. Mary's, ■•■,.' • , . r Q. Did Jordan go much about thearects at St. John's, and by what name ■ A. He fcldom xvent about the ttrcets, but, when he did, he fomcti'merwcnt fcy the name of Jordan, Bt other tiimcs, by the name of Tremain. Q. How was the wind while on ti.c paOege from Trepaffey to the Bay of Bulls ? a; Sometimes calm and at other times a free wind, we had no head w:nd, ^jjat made you put into the Bay of Bulls > A. Toilet Se* Stock (you get enough ' A. Th?t would, be according to the place where w«..,^8We bound. ^vto what place were you bound from the Bay of Bulls? A. I did not k'nQw >vhcrc j Jordan mentioned fo many different places. .... , ^ r Q, The morning you failed from the Bay of Bulls, \yas the Prifoner, Ed- ward Jordan in a hurry to get ofiF ? A. Yes, he was very anxious that morn- ^Z. and mdce^pwavs. to get away, but I do not know the reafon: ET JOBDAN. or, leavinj'th? fcfro€»ii«r urhonr. Wc got a Kj. eaich of the fchoouer, t^c right of our •rrival. d Ktlly, (tlieman wUe new) had fomc wordj where two pUtoU al- licm under hit bed. I I called to Power, whu intod oncof (hcpiftoh, ii only lor myfcll". Tht; before day, and afkod % icswithher.iisnie wai,^4 dd not, while ftcvvi; I lur liic on my hands. | irof her's, whomight^' uld carry her alhorc-,^ me. Crewe, Powci, ' i upon wlii(;h Jordan f his chcft out of ihut. ' would (hoot his vvif. Id han^; him. I oHt n faid it was' only tjjc ioni7 in Halif.ix, and i'pofe ofhis cargo to § lat his nanac was Jor- 'i I himfcif John Sta;«, ^ •■ TRIAL OP EDWARD AND MARGARET JOPDAM. 1<> -id y?u 7rZZ::Z can;''' T y;.7?w '""•' '""" ''" ''•^''^"""•' •" ' himcut thr cable. ' * ^'' """"'• ''"^ ""^ •''"•' "^ t*^ PrtndtHt.~How did you difcovcr that the man. who called himself Joh^ Sl..r,, was not John Stairs, hut John Kelly ? A. By one of tho ,.rifontr* eillmghim John K;.liy. a Jr"'!"'^".'^""" '''''"''' ^''^''^ M'J^" cv,rfayh,wa. bound tp. a port m Ireland ? A- \'ti, to Limciick. (rnf; Rtaminfd Mr. WVi,W.-,Doyou knov. wh,t<.ncd U>e Prtfoncr Edward lord,, 'o «.«.r .he threat,, you have l.ud he made at TrepalTey. .g..nU h.s w,.( > -v. i do not. <^. Had Edward Jordan any arir.s in his poncho i ,„ ,h.u - ,iv r:»Je an attempt to gctachargt-d mjsUct, wh ch v.i .n ml -. v, . ^ •' whif h I hid before ttkcn nut. ind w. t •'- ...,-.- „■ .,- % V- ■'* '• 1- '■' >.•-"■ .f ••' • ?rr- .••-.■■ . ,.. .• \ A. ■.: h.: J I . fav. , but I think. ■Staivs, ji ii-was if , and by what name '■ J he fometi'merwcnt main. epalTey to the Bay of nd, we bad no head ojCt Sea Stpclc. ; to the place where ulls? A. I did not s. IS the Prifoner, Ed* anxious that mern- ic reafon: ■'iV"-^"'i rrj..i • i t,.r '. •A-.r.,!„v.v.:. S'^ve....;;n:.-1,. .rr.r.v-.p.f^.nn.:...ftr.l.at^ . \"" ■ ^^'^ -oM ....„,. ,.,.,, ..dn...,.v.,,.v> ,,„.,, iw;,cd.he er's ^•^^i ' 4 1 Q '' u ., r r.; ,r,or M.irgatet Jordan, at all times, from the time you Srft , .'Pcar to b.-in great fear«f her hnsb.ind, and altogether r.ndcr his ) ? A. Yes she did. Q. When were .he arms taken nway from the Prifoner Edward Jordan by y .J, and locked up or rendered nfclefs, in the manner you have ftatcd. and were was the rcffel at that time ? A. At TrcpalTcy, I do not retoHeft the day of tiic month. ' Q. Was it before the taking away the arm., thit the ehefts were brough^ upon dtck? A. The arms were taken away the evening before. Ci^Did the Prifoner Edward Jordan know the *rms were taken away (ron» him ? A. Ho did the next day. Q. At what time the next day ? A. I think it was in the afternoon. (Here the mtn^fi hesitated a liHte and then Jbid.) I now recoll^t he milTed the PifloUUie fame night, but did notknftw where they were, until the "extday. Qi As Edward Jordan', arms were, by your account, taken from him, the evemng before thechcfls were brought upon deck, how was he to execute the threat, he afterwards made, of shooting any perfon, who removed his cheft » A. It was unlikely that any one wimld have kept the arms from him. a* thoy Knew they belonged to him, and were in a boat alongside the Schooner. Q^ When you asked the Prifoner Margaret Jordan, what her husbind meant, when he laid flte was the only petfon in the world that could hang him ( I i II 20 THiAL OF EDWARD AND MAIOARET JOIDAN wai Edw.nd Jordan prcfcnt. or on hoarJ tlio Schooner ? A. He wai not pMfent bW I ii»!i>lc he wai on board. Q. i'^'d the Prifoner Margaret Jord^in. from the time you firft fawher, ap, pear to be afraid of Krlly. ai well a» of her huihand ? A. No, notai I faw. Q. How, and in ivhjt manner, WiM flu nftd hy tho Prifoner Gdward Jor- d.iu. and Kelly > A. Very .nc|!flr(.reinly by the Pr.foncr Edward Jordnn, out 1 Old not ffc UtT ill ufod by Kelly. The Witnefa then withdrew, and tl»€ Court •djourn.J uniil ten o'clock.- the next day. On Friday the »tth of November, the Court alTcmSlcd, pvrH lut toadjourn. mcnt, and, being c;»lled over by the Registrar, the fame member* appeared prefmat h.u,rc._Thc Court was then opened, in the ufual manner, by the Deputy Pn.voit .Marfli.MI, and the Solicitor General proceeded to call Patritk I'oivtr, u uo w.ii fworu by the Rcgirtrar, and being examined, depolcd a* I firlt Became acquainted with the PrlforerJ at the Bar, at St. John's in the Jfland of Ncwioundland._l had come from the French Ihore to St. John', w.ih 1 carg., of h(h,...Whcn 1 came t,. the Wharl. the boatman, who had l-rought ILUvvajJ JorJan il.o Piifoncr at Hie Bar, (who then went by the name of John Tn ma n,) Did me, he was very happyto ireti me, as 1 had been in the habit of gning home to Ireland, every fall, for fupplics for the fifh- cry —He alfo told me thai Jordan wanted a navigator, and that he had a veffel and cargo lying at the Bay ui Bulls. He IMn went and tuld Jordan that he had inciwith.anavigator.— Jordan, John PipiM, and 1, went to a private room, whce Jordan told me that he had a veffel lyinu at the Bay of Bulls, laden with lifti, and that he had four hands on boaid, and wanted me to navigate her to Limerick or Calway, in Ireland, I accordingly agreed with him for that voyage. Here the ■witnefs produced the /hipping paper, of which be gave the following account : I vyrqtc il on the 19th of 0/ witnefs tSten prfeeeded."-ln coixfequence of this agreement, I was em. ployed as Mailer, on board the fchooner Three Sifters, on a voyijpeto Lim" .'J uniil ten o'clock- , p"ir, lilt to adjourn. : member* appeared fnal wanner, by the Bded tr» call Patrick imiiied, deputed a* r, at St. John*! in the ihore to St. John's ; boatman, who had n went by the name le, as 1 had been in ipplics fur the fifh- 1 that he had a vcifel Id Jordan that he had It tu a private room, of Balls, laden with ic to oavigats her to I with him for that egave tbe following \e rcqueft of Jordan, I :ngage me to go to aj follows ! Oftoher, 1809. with John Tremain, .imerick, in IreUod N TREMAIN. ty in the year 1810, ' JOIIN TREMAIN. reement, I was em. m a voyace tu Lim' r about the 23th or UAL OF BDWAtD AND MAfcOARKT JORDAJf. 21 b "' *f ?".!." '^"^P'^^'y- W'^O" ' •I'WJ with lordao >fl 5t. Job... h« kd m. I Au.Udtow,thhift.hcnrud.y. for h. was l„ . gre« ,arr,^^ kid h.m I would be ready.-.We could no. find a boat, for two or thr^'iay. b csrry u. round to the Bay of B«ll.. where J.udan told Me the velTolUy . J funn, that time, I afked the prifoner to take . walk, and vre wouL look bra boat, and sOied him, why he kept himfelf ("o conHncd ,o hi. lod.inr.. I *^ JlV^rl "• T. ^'""'' """"^ '"" *'• •»•""'•• »"«' he wa, afratd of L hldrte^»,d.fhew«lkedout....Wegot a boat a. the end ,f throe day,, »Ta »Ucd from S*. John . to the Bay of Bull,, but did not find . .« .effcl thcre.."- . fchooner was there bound to St. John's, and I demanded a paffagc back to hat pUce.~.iotdan then carneflly in.reated me to go to a pUce called Aqua. L^lir,K; ,r?*iT '""'^; '^°""'*"'* "*= veffel,...Hc told meat th« "ame tmic. that, if he d.d not Ind the veffel there, he would give we an order kqu^Fort hut thcveffcl wa. nottherc :,.-|,e requeftcd,a. I had c. me to far. ".t I would », to Trepaffey with him...- We went, and found the veffel there. out an hour after dark ^c went on board, «,d found John Kelly and irUham Crewe, and the prifoner'. fo«,childrcn.-Jordan demanded t Kellr vl.erehu(Jor4u.'.)wifew«. Kelly told him flie was alhore.-Jord ntbcn efiredtwomentogoaOiorein the boa after her-.-Kelly told him that no iltx .T T i: ""' •"' "*" ''•■"'^'^' (KeUy)....Jor;,„ was much dif- ^urbed , tk«, ..rf u>ld Kelly that he would go with him after het ...Jo,d»., When Jordan came on board, he went to bed immediately.—The boatmM ^got, Ke.^«„, myfelf. fat updrinkin, grog in the c.^. with ieX-! Margaret Jordan. SbArtly afterwards. Jordancame out of bed, and faid, "You .hore, Ihear you ulk,"...There being a mofket. fupporied by feme naih. in Ihc beams of the cabin. Jordan laid hold of it, upon which the woman fcreet . - 'Ed, and told me to uke it from him,-I <)id fo, and gave it to one of the b«. irrJ°Jir ■" i'* ^^r'*^ 'n«™ing.~.JonJan. Kelly, and Margaret JoHan fegan to «ght....Jordan demanded his piflqls ;md the mufket tp Qiaot Kell;^ ^ l!" '7f'' " ^' '*'•'' »"'' 'eP'inwnded her ieveral times, for being afhorr With Kelly. Kelly then faid, he IhoukI not take his life for Qotfiing and.' Jummg fonnd. weni to the head of his bed. from which he returned will, two i»ftol.. one in each hand.-l fcixed him. and took thepiitols away.-HetoW rme thn hew., only going to hide the piftol. from Jo*l«,, for that 1 did not ■know what kuML«f'a man lordan was._^M<»..<^ i-.j. ... I, . ^^,r,_ ^" '"■" J"**" '»»*-*Marg«fe6 Jordan then went upon Ideck. .n4 1 foltowedher to give thepitota, whi<;h I had takenlfrom K«il» Rethrow thep.^ol. overboard. fay,rig, .B.ho^' i\t 22 TRJAL OP EDtVARD AND MARGAKET JORttA^J !^^? • '. V 7' ?" *** ''"''"* "'"'' '° 8° '*"<' "»--l 'oW him that 1 •'ourdnot let Jordan have them ag.in. and alfoaflted hini if there were am more arm. on board ,-.Be faid there wa. a half muiket and a cutlaft. and ,olc T L°r „"" f **• , '"" "*'=" '*»y' "' ' '^°»'«> ""^ ''«"y for it : I found the half mufket. but could no( find the ciulaf..-..Hre pacified Jordan -Mar. .Jttet Jorts., faid. "CiVehirt* Comp runrandhe will go to tfeep," faccordin,. j It drd to. and he went to deep j bUti Wfore he went to bed. he faid •• D' I not Wtftai ivoman t-ftme^obed with iheto-night. or 1 wilttake her life " . ' -!?/?!"? J*^'*^" '"J' °" »•*« l«*<^tet until ab.»ut an hour before day, re««ied upon her to remain on boatd of the aehooner.-. About an hotit befone fMtrift jowttn got oirt of hi. bad, and went upon d«ck.-*»e wm mnwn»laWard, Margaret JoTdart awdl weutbttwcen them, upon which he kid bold of mi mitt breaa. and demanded hU anfii,— While he and I were thus eatantled JJwjBret Jr.rdai», coining behind me, ftapped me o* the flaeulder, a^d faic 4 tte^would W«nie me with her bfe. be c«rie I did no, let her go on (hore in th. I mwrnng, je«,,^ ,h«n faid, •* You, Power, have been with her all night a, f w«iM the reft r upott which 1 replied, "Ufobow you pleafe now."- ^ S^e fcrceehe*artd faid, o Power, arfe yo« «e»ngtole*him ukemy life." l| IrlLi*.?*^***' ***""**""' """^ '°*'* *»'* ♦*»« »"• «"»««'* «" hurt her. and i P^iKM hlnl k little..-ribiaidi that if Ah- would ^ into tbepabin with him, «e Wflrted'to fpe»fcwh«r, »t&. would give me hii band add word that he w«u»«ofc ilrtite o» hurt her. Then they both Went into the abin. and were on good terms the remainder of that day..- Jerdan ha« ptomifed the boatmac r«S ''""*''* '"''* '**""<'' *«"• "»« bortman alked me to «« and rtrqucr JwVttnitepayhimi » i^ent into the cabin and mentioned it to Jordan, who waa then lyin^ in hit biith.* .*H« faid tbathc wit thort of autecy* but t6» thef^^ ,«ai fbme .leather !brWiird,:abd defiKedime to give the bo^tMUufpiMi of it.". I ; One Oif tinmen braiigMup fpme of Hie jMtJjer, but the bos)tiR«B f»id,it wai . "• P»yiii*htt«rhi«, iindrefufiB#it, I toMJcwdata what the b«tm«ii fyii^ anJ j he doflted hit wifd to give rtie the watch to give to the beatman. together with/ fbineleatb«r.^a.She Javemei fiiver hunting Wateh*, whicli, with fgnw lea. '„ ther, Igavetotheboatnan.-.-Aftei' this I ovarhaulad the veflelto fee what s| -*■■*-*— ' «■"'•' ■-'■^• i -^" '■iliifi'i^pi'i'Wi 'u,tt\mimM» v •Till* wat CaptJin Suiii' walch. ^cs f Irelahf), or yon will h iUi us.— J told bim tliat 1 ij id him if there were an\ tet and a cwtlafi, and tolc I d be forry for it : I fbuni | opacified Jordan.^- Mar- io to deep;" f according, mi to bed,' heVaid, •• Dt rl wilt take kerlifc.'^. ur before day, When On le talked tome time, am J me aOiore or he win kilit Irunk and toolt re««le(l rt an how bsfoM fiMirife, 4e wu ruiwiiif iswardi liiehhe kddbbldof mi i I were thus eatantled the QMulder, aod faic ct her go on fliore in the :cn with her all night as M you pleafc now."— it him uke my life." 1 ould not hutt her, and % \ia the $ibta with him, and and word that he (0 ttl(b Ctbin, and Were t piomifed the boaunat metu B« and requct oned it to Jortlan, who f aolticy, but t^u Uler^| bjDatMuiifbMifi ofit.'»i h« bo^tm^B fjMd,it wa) ihsbMtmftR foi^ anil' tMUnan, toge^eruKhj II Iricb, with- fonvo lea- m the veffel (o fee what || •jifril'i mi i {,1 III I TRIAL OP EDWARD AND MARGARET JORDAN. $3 provifiont and water there were .on boar-l, and fo«nd that there was not enough. — When I faw the veffel in fuch a fttuation, 1 began to fufpedl fome- thins.--! aflted Jordan if he bad any way of getting provifions there, and h« faid he bad not, but th^t he thonght there was enough on board to laa us to Ireland, faying, at the fame time, that if he was at the- Bay of Bulls, he could get enough, as he had friends there.— I put to fea that evening for thp Bay of Bulls — Jordan told me lo put into fome private harbour, from which, he said, he would lerid a bpat to the next harbour, where fupplici could be had, apd give fifh and oil for protrifiont.— ^Wc were going into Fcrmoofo- with afair wind, when fuddculy it came a.head, in confequence of which we were prevented from getting in, and were forced to put to fea again; after that, as we were going into Capelin Bay, I told him there was a fchooner go- ing in right a-head of Us. — Healkcd me where I thouglit Oic came from J told him, th.it, from the plank, on the deck, lh(. looked like a veffel from Koya-Scwtia, upon which, hedeAred inenot to goin there, but to put to fea ?gaip. We hauled the wind, put out to fea and went into the Bay of Bulls ; It was, 9tiotttteri or eleven o'clock at night, whcp we got in there : Jordan faid he would go alhore, and get people to cut wood and bring water.-. He went the next day with tiyo men,aad when he returned in the evening, he asked \y hat | and th c reftof the men bid done that day ; I told him we had been employed in repairiDr the rigging, upon which he faid that I was too much of a gentleman to be a poor man's fervant, and that he was furry he did not npkemc go to fea, on our way from Trepalfey to the Bay of Bulls.—The next day he went on fhoro again, and fent on board fome wood, three casks of water, and tomcprovi. fions. While he was ahfent, Margaret Jordan asked me to let her go afhore to waOi fome of the children's things ; but I told her I would not j— She faid tliat I might go and watch her, .ind Pigot and 1 accordingly went with her : I left her at a houfe. washing clotlies, while t went to look for Jordan. W^icn I found him, he asked me why I came on fliore, and I told him Icathe with his wife ; he then fcemed much difturbed, and asked me how I dare bring her on fliorc, and direAed me to go immediately, and lake her on board again.-«. Pigot and I took her on hoard — When Jordan came on board he ordered me to go to fea that evening, but i told him 1 would not, as the wind, (what there was of it) caft into the harbour. — He went on fhore, frying, that he, would get men enough to tuW her out.— .While he was away, ( brought the y;e{f^l. farther into the harbour.— He brought on bo^rd a great numbdrof men, I cannot .fay ho\v many, and asked mc to get imde'r weigh ; I told him I would not; upon which one of the men he brought on board enquired ir^y reason; I told him I- did not wifh to go. The nfian then called me fo'Sne name, which I do not recoUc£t.— Jordao^led me forward and told me, that a cutter had failed from St. John's that ^ning, and would beirOund in the Bay of Bulls the next morning, to feize on the fchooner Thfce 'Sifters, and ho Nf Svy Kic ir. go to fea. 1 aiked why the cuiief t)v as cumiifg, aSa he faid lie was In 'dtlhtm HMitaJt.-'-I then faid that could not be the reafoil, as they; U I 5* TRIAL OF ED^VARD AND MAGAREr JORDAK. "rrel*«d." I JJhlmTe „ '. ^r* " » ^^''"•'^ ""^ have been half w.,^ to remain with hi,,; J rcTftld , J ''.f """ ^^o came o« board could fcr.fe hiiV,.|,ut a.I wol't^^? T""" "'^ ' ''-elycmo.uh ihhey tlut evening ; u cy flid Z l * ,? ^''' '"'y '"•«'""» *«» «<> <>" ftore -d Jordan remained w«k7/r^; ' / ^ '" J'>"<'— They went on Aore, ft«e in the bda, 1^0^ jol^ 7 "-e.-Bofoh. that, i had aaked for a „*r. «<» to give me a paS/e ^uZ kh, '"' *""*" "''* '° '^'^'^ "«• "^^^ «f«^- «nd I would go Se wi^h h « % ^ '* "~" J*'"'*" «>°""' 8° '° ««'* ftote with Kelly knd ,^ln *" '''*-^' ''''^ '»«" "»^' ' ^•''^ goin. on Uke his lire a t^'^'^r ''h";i'"""" '""f ' '"'*''''^^' " « ' "•'«^'>'» -«" to prevent mc/ , ^fn 7 „ '^"'Tf T' "^'» "« ^^"'^ r=n,.in upallnigh. ^"afincfairwinZ'abScir;^^^^^^^ turnedtothecahlnTd J!hl t^ . ''^*''«'''"''"«*to°h"d. !«. "pon Which I went o« deck, .nd i r ^ '"^ *•'''" "''' '^^ »*»^ asked him to give mc a na^.l l f^t"^ " ^" '™'^' ' ^•1""' '» K«="y. and -Henhe,oeLC%':rt^',^;^^^^^^ *"d ha J none of hia thinrs with hl^^' " ! ^ '^^ •'***= '•» »"'« ^»»' rcircl..-.I wentihto hccabrn iil' ^'" "^^^ '''^"ty yards from the It wa.tr«c, and on mrdenIZi r '-««' on deck, and found The vvho^.'crcwwerc'o„drk 2t?d .."'^^^ , looked round, and ^^^1' » " h "^ ^ l^""^''"' '"'' *'"* ^* ''" "P- » Hi. Land. If idtohil ." f'^r'r"'^^*'^"*^^^^^^ a««ln terrible kind of man I wen fo" a" ";*'"»-•'*'— S„fpe£ling him to bea ^- Jordan. 4:'hl7;^:^^^^ •Alii at , difancc; 1 took the hZ a t f°'"'' "'"* ««^y »»« I f*^ r^fened me to keep t^c S^dt 'kriT "' ".""*■' '° "'' '"»«'--J-"I" i^theB-ayofBuil, anTfron . ,^ ' '""'^''''' **'"'''« «he people ^'^fJ re.w"a^U w« I f '. T?" "^^ " ^"?' '"7 »•"» conf«fion.-a„a AKET JOaDAK» replied, "I^wifli I had have been halfway tft I that he might provide n who came on board a twehremoiith if they (ht at Well xo on Oiore net under Weijh, they -They went on diore, k» apparently in grtat I Aore, and he woald i had alked for a p«r. take me, they reftif. 'dan fltould go to bedf yhy he did not go to n> that I was going on I, <> u I might ai Welt lid remain up all night on deck. . The next ie, told me that there md get under weigh. blew too hard. Ire. ■ deck in a great rage, ken the boat away, called to Kelly, and idtheboatoffTorme ^ alone in ilie boat, enty yards from the doihet, and while I on deck, and foand y (aid it was Jordan. 1 (he jib wu up. I lion, with an axe In li,'* and he aaiwer> rpeAing him to be a lint lotake the ax* d Ih^rtly after I faw » be hiade.—Jordan lixeive the people larpfthe head, arid Irdaiid, but Jordlin 1: lie Bay of Bulls firtt. r« was a fail a^bcad. >iul confufion,- and l»Mt» as Oie hat! an TRIAL OF FDWARD AND MARGARET JORDAN. 2-J H, acrof,. The man faid (he was a brig or a fchooner. which again put Man .mo great confur.on.;and ho dcfued n,e to keep the f;i.ooner o hS k. un .1 we fltoul. d.fcover what the fail was. but 1 rcfufed to do fo • up hichhcwent afc to the man at the helm, and told him to keep t^^d £ r . "" '"'"''^'' '^''«<^''^"S'-d'>«courfe.Iwo„ldIik h„^ k uh a han .p.ke.-Jordan aflccd me again what I though the veffcf vva d ne Tha. Tn"^" '" •?" '"' "''""^' ^"'^ ''''' "'^^^'' '-vc mercy oa nd TcTur i" "' T ''"'"" '"" "'^ "-- -■"' ^-- -«" the cabin, toidhir? mT'' '^'i"^"^'^™« '<» '•^y we were bound to Halifax nd , r'd'i t:::/.! r '^ ""; •^^-'^ '^ Halifax._.„c- repeated his reque' ial "a'x 1 ".'?' "'' '"' ''"•'•^ "^- ^ '"'"^ ^"•«=- -« --e bbund to t id the^'°" rr' V '''^''' - '«' P*^' «"' o- boat, and come on board. \^slll^ "° '"^'^--^'^'^y 'h<^" P"' «ut one fro.u the cutter, and rord.? 2r r"' "t ''"'^ P"'°"^" ^'^--'' J-da„. and Margaret ^V^helan. W.lham Crewe. Nathaniel Ryder, and an Indian called Davy. V.J xfT ^'^"^"^'^'ken on board of the cutter? A.Myftlf. William -ewe N.,thaniel Ryder. Edward Jordan, his wife, .nd four Cnldrcn ^ tuiltyof ,he murdexsor p.racy, with which he ftand. charged ; if fo, repeat ie ground hat th« Court u diredled by the Statute of William, under the rmirof th; Ad T""'' r"'"^ *° 'heC.-..7Law, and U,c methods Cued ;;? 'T;™''!" •"'^ "^ "^'^ ™'" °f 'be Civil law, which „6 U belivl * . "' ""'"'' of Henry vril.no judgment of deal., fenc J or ^Hch " V*""'^"' '^^''"' ">^^ '^'^•^ plainly confeircd their i.«,f„ . r «. ' ' ''''■y """^' be ufed as evidence aeainft tha pejng made, whether they proceed frnm . j;f *.• . ""^"^"""ic'r Prhcther thovare e,.«l»*^ r T d.fpo«t.on to relate the truth, o, .hoy are cxtofted from the party, by the influence of .hofc h.pes and F m ii Hi ill i; nnW (i 111 iif il 26 TRIAL OF EDWARD AND MARGARET JORDAN id lea likeJ: at hap d vcr arned %hich w 'I ^' oard of fed tod e faid hooner nd al\vi tairs, w >anted ] Ipo nacell I fcara, which muft fo powerfully affcA the minds of pcrfons in the ruiiation of the prifoiter; and, unlefs confcflions ve made in that manner, they cannot be received as evidence againft the party making them : that, on account of the ftriftnefs of this rule, it be ame ncceffary, in cafts where the number of witnefiTcs, required hy the Civil Law ;o prove the fa6t, could not be procured, and the offender liad previoufly confefled the charge, to compel him to repeat iuch his confeiTion by the force of torture. But as our laws do not, in any cafe, permit the ufe of torture, the prtfoncr, if he had in reality made a con- feiTion, could not he compelled to repeat it, nor can fuch conieifion be proved by the teftimony of witneffes. Mr. Rtbie added, that the Court was dircAed to proceed according to the ^! rules of the Civil Law, becaufe thofe rules required a greater number of wit- tieflTes to prove any faft, than were neceffary to eflabliih a fa6l before a jury; and that when a man was deprived, by ilatute, of that mode of trial to whith he had a conftitut'onal right, and was fubje^ed to the jurifdidlicn of a Court, which proceeded according to the rules of a foreign law, it fecmcd but reafon- ~\i able, that the rules of that law (huuld be adhered to, as well when they ope rated in his favour, as when they were difadvantageous to him. This objeclion ivat anfweredby the iiolicitorCtneral, iafuhftance as fotlooyou rccoUe^l dining in company with him atthehoufcofamerchant there ? ^'hat was the name of the merchant, and by w.iat name did he call the pri- »ncr? A. I did dine once in compa/iy with the prifoner, at the houfc of a lerchant in St. John's, whofe name was Mr. GofiT,-.! heard Mr. Goffcall the >rifoner, Ned. Q. Did you hear Mr. GoffgiveEdward Jordan any other name than Nei.» ^hat charafter did Mr. Goff give of the prifoner ? Did you hear Mr. Goff fay lat Jordan had ferved his untie honeftly for five years, and that every man I that employ made money but Jordan ? A. 1 heard Mr. Goff fay, that Ned lad ferved his (Mr. GoflPs) uncle, and that every perfoii who was in the fame lation had made money except Ned. Q. Who gave you the papers of the fchooner ? who exhibited them at the ruftom-houfe in the Bay of Bulls? and did you know the danger of failing. mder falfe papers ? A. Kelly gave me the papers of the fchooner. There vas nc Cuftom-houfe at the Bay of Bulls.— 1 did not know the papers were blfe, as 1 never opened or looked at them, intending to leave the veffel. The Solicitor^eneral reqncfled that Tbomat N. Jtfftry, Efq. the Colle«or for the port of Halifax, who was one of the.Commiffioners, might be fworn, to nfwer fame queifions relating to the Regifterof the fchooner Three Sifters j fhich was accordingly done. *o;. Gtn. Are you the Colleftor of the Planution Duties for the Pert of Halifax? A. I am. (' :T m : I .'I fi& THIAL OF EDU'ARD AND MARGARET JORDAN. Sifter ;f^'a1";"Krva's'?V''^ "'''"' regiftcrofthe fchooner Thr« When and whewafL,;^^^^ 'f' "'•' '* "'C date of .he Regiftcr. A. There i« i„ the h^^^ .''"'' "'' ^"^ "'* "''= ^^S'ft^^d owner. ?..-. I Sifter...:!;*: e'fix dated ?6Vr' °''''^ ^'^S'"'/ "^ '- fchoo«er Three j of Halifax. Ton, ht a'd ,1h t'""'"^ "''' "^' "'''«'""«'' '»»»>= Po" ^cgiftcred owner. ^"'" ''""""'• °' «-"^"' Nova-Scotia. .re the Majeay'» Coun 1 ' ,'"i"'"' "'"" ""'^ ''»«=« '"k^" "efore Hi, formed tcLruM °'="";;';-^-««='»'°-i'"draw them, and then in. Court th.t he would here reft the cafe on the part of the Crown. ^w.>..«,„,adea defence^r;:Ee';r::J:: .^^^ ^z Hahfax and being recommended by Mr. Pykc of Quebec, to John G P ,>. rh . H fT "' '"""" •'*' '*'*^" «'ft commenced dealing, and our ^.led good, from them on credit, to the amount of about feventv ooundr That wuh thofe good, he went bac. to Percee. fold them a Xro^"^^:^ . or hundred quintals of fifl.. with which he returned to Halifax in Scptmbe ^ ^rT: them ast l^'" '"""" °" ''^ "°''* ^' ''''^-' -«^ <^-r'^^ cm a Genera. Power of Attorney, together with other | i^cefery p,pet., an^ a Bill of Sale of the fchooner, to them,,be c«fideration I ^mentioned m wb.ch w., one hundred and fifty pound.. a;,d. at tlKJ feme time ^ requefted them to perform their proinifc, of fending her to the Weft Indie, .. That m June 1809 not having heard any thing of the veflbl. he cam^ to" cue of her; but on h.s complaifli^g of the fituation in which fte wa, ARET JORDAN. ariginal rcgiftcn of Ships er of the fchooner Three 1 the date of the Regifter, le regiftercd owneri ?— . try of the fchooser Three : is regiftered in ths Port »x, Nova-Scotia, are the irour hand, the Certificate hich he Wai requeued to been taken before Hi« by the Counfcl for the raw them, and then in. the part of the Crown. any thing to fay in your pon which the prifoner which was: That he lie county of Gafpc, to [ utbec, to yohn G. pyte, »n, to Mej/rs. Jonathan need dealing, and pur- bout feventy poundi.— lem and procured about 10 Halifax in September fame time he iuformed ') rcec, and offered to fell T her, and did not wifli to >uld take her into their !», provided he would of riggiqg from th«m, I with it, fent her foon procure a RegiUcr for -y. together with other hem, the cAofideration and, at tlie iamc time, to the Weft Indies. he veflc), he came to no perfon on board to on in which Ibe was, plAt OF EDWARD AND MARGARET JORDAN. 29 Xejj^s. Trtfma/w/pUceda mafterand crew on ho.ird.and infor.ned tlicpnfomcr, ley wi(hed lo fen-i ncr to Oarolina for Naval ftorcs ; but as he refufcd to k-C frgo on that voyage, \t was unaliy .i^reed, thai (be fliould return with him • Oafo^; and acr.ordingly Ca/ra/M 5r«/rj uus Ihipped as mauer lo take her ktrc; that the i-nioner returned iii r crco., wUerc lie difcovcrcd, vvi.at hcft«-c It time ae had no (ufpirion of, thai .ae /'rfmaw wi(hjd to uke the velTcl jm J.im, and had ruuipd her to be regiftered in their own names, initcud of IS i that foon attcr his arrival, a report was circulated througli the pi ict: iliat ■ owed the Tremaint eleven or twulve hundred pounds; in confcquencc of >ich his creditors there demanded payment, and, not being able to latsiy of them, his property was fcized, and fold, for one third of its vaWie: that !i«g thus left deftitutc, he with his family embarked in the fchoon^r, wait , Idetcrrainaiion to go to Hahfax, and work in Mt'lTrs. Tremam's Itablcs, or in y capacity, in which they flioutd choofe to employ him, until he Qiould have »id the balance he owed them. ^ The prifoncr then proceeded to flate that, oh the morning of the 13th of •ptember laft, he was lying on the deck of the fchooner, and had juft recover. > irom a fit of intoxication, when his little boy c.ime and told him that Capt. p irswas abufing Mrs. Jordan; that he, the prlfoner, immediately ran into pe cabin, and knocked Stairs down. As foon as Suirs recovered himfelf, je ran to his cheft and got his p.ftols, ono of which he fired at the prifoner,- r"t the ball miffed him and flruck Heath on the breaft, who had come to the "ftance of Mrs. Jordan on hearing her cry murder. That he, theprifoner, >en ranon deck fora handfpike, to defend himftlf againft Stairs, who fol- >wed in feareh of an axe. but, not being able to find one, ho threw part of >e mam hatch overboard, and jumped after it, that he, the pr.foner, being rcatly alarmed, begged Kelly, who was at the helm, to put the vcffel about, M pick Stairs up, for, if he did not, they fhould be without a navigator, and rouldall be loft, but Kelly appeared ftupid and put the vtffel before tUt> rmd^—They Ihbrtly afterwanls arrived at Newfoundland. Theprifoner then afferted that all which the witneffes had tcftified, re- live to his condudl in Newfoundland, and his changing his name, was a Sadeup ftory, and totally untrue : that they had perjured themselves, and irould fwcar any thing that came uppermoft.-He declared to the Court, that e was intirely innocent of the charges brought againft him. and requelted ^attheTremalns fliould be ordered to produce his Letter ol Attorney tothem, nd their account current againft him,-He faid that Colonel Pyke could prove lat the fchooner belonged to kim, ttie prifoner, and that l.e had never fold ierto the Tremains.— He added tliat he wanted no more mercy than the »w would give, and was not afraid. of death, but only dclired tUatjuftico iould be done to him. Ws then praduced a number of accounts and papers rofpeaing his deal. ' ' ■ ■ O- .... 30 TRIAL OF EDWARD AND MARGARET JORDAN li'i ing* with .he Tremain«. wherein, he faid. he had been chaffed with cvcrv penny of the vcffeUdifburfement.. and h.d received no c"dit w^ teVero nil innocence or the murder. ///x £a:«/;<;,0' 'if PreftJtnt obferved to him, that he flood charged with Piracy. -ro which the prifoncr replied, that, if heundcrftood, correaiy. the explanation which had hern given of the word Pirate, by the Coupfd for the crown it me.nta i?o^^r.and itwa. prettyplain he could notbeow.becaufe. he .mdcrftood nothing of the management of a veffel, and did not even know one fh.p from another, bein, rather a ploughman than any thing elfc ; that the vcflel was his own ; and. further, that it had not been proved that he lud altered or defaced any of her papers. Margaret y^rdan wai then aflc«d what fte had to fay in her defence to the Charges againlt her j upon which Mr. VV.lkins, one ofhcr Gounfel. ftated to the Court that he had confulted with the prifoner as to her Defeaco. and found that n,c had Fafts to ftatc- to the Court j but, from her f.tuation. was in- capable of communicating them j that he had, therefore, while fitting at the Bar, written a Defence for her. and prayed permimon of the Court to read it. The Prcfidcnt afked her, if thqpaper. iu the hands of her Counfcl, contained the Defence Ihe wifhed tomakc. and. receiving an answer in the aflirmative. he requcfted .Mr. Wilku« to read it. which he did and afterwards handed it tc the Rcgittrar.— It was as as follows : May itpieafeyour Excellency and the llonourabU Court, I ftand before you, accufcd of a crime of the moft ftiocking nature, that can be committed by one human being againlt anotlicr: and what .idds to the awfulncfs ol my ntuation, is being brought to trial, in a ftrangc land, where my charafler and patt conducSt are unknown, and where no perfon can be called in my defence. Under thele alfliaing circumftances, I have nothing to fupport me, in this hour of deep ditlrefs, but an entire coi foioufnefc of my i innocence, and a perfcft alTurance (hat my life is in the hands of Men, of Oie moft exalted Rank and Charadler, who can have no objeft, in the prefeni Trial, but the jultice of their country, and who, 1 am fure, will view my fitu. attonwithcommiferation; and, I truft, upon hearing the few obfervationi I fliall make in my defence, pronounce me innocent. I married Edward Jordan, my unhappy hulband, in Ireland, about ten years ago, and while we remained in that country, about five years, lived happy and comfortable; but. unfortunately for me and ray unhappy family »>'8 left tliat country, and went to the United States of America, where my wretched hufbaud became jealous of m«, ^nd commenced a courfe of fevere traatment towards me, which continued to increalc^ until it arofe to the moft Violent 3ad cruel treatment, which could be offered by a hufband to his wife; Ti RET JORDAN been cliarfcd with every ;d no credit whatever on giftrar, and again aflertcd lat he flood charged with aderltood, corredlly, the e, by the Coupftl for the ould not be ont, becaufe, i and did not even know han any thing elfc j that ^een proved that he lud to fay In her defence to ic of her Gounfel, ftated s to her Defeece, and >m her fituatidn, wat in- orc, while fitting at the ; of the Court to read it. herCounfcl, contained swcr in the aflirmative, afterwards handed it to It Court, t (hocking nature, that ■: and what addito the 1 a ftrangc land, where vhcrc no perfon can be lances, I have nothing irccoi foioufnelii of my the hands of Men, of J objedt, in the prcfent ire, will view my fitu- thefewobfervations I i in Ireland, about ten bout five years, lived i my unhappy family, America, where my :ed a courfe of fevere til it arofe to the moft a huftand to his wife -: TftlAL OF EDW.VnD AND MARGARET JOliDAX. .3 1 Jd laffure this Honourable Co.ut. .hat I rtiould have pnr.cd wic, l,im fever,! fcars ago. had U not been for my lu.le clulWre,,. for ,vhofc f.kcs I havo. for k long years, fubm.tted to every fpecies of ill trcotnunt.-At the time the B,ooner Three S.J^er, came to Perrec from Hah.n., I was looking out. hth a„..ous expeftatton for her arrival, explains, in her. clothing and ne: IfTartc. for my Children, who wcrealmoU naked, .i.d in m ant of every com, oIm , ; 'r*""' cIif,.ppointment, that the art.cles I cxpe«ed were nor k„t!in\ "'r """"• "'y^''"^'^" -*^^^ «"«! romfdrtlefs. I appHed ta sir. "r f ''"''"^'- '"'"" ""^ ''""''"'' '''f^-'='°<' «h" 1 '-> Ir !ml " ^""^S'a.rs he conceived that it had been given as a reward t IdT "l* f °" ■"' '""• '"' ^''^ ""' '" =• ''""'' '^"d cruel mnn. L 'h« L. r- TT '° "" """-n,ble Court, that hi, rcfcntment toward. IB has not dimmifhed i ven at this hour, LrlTf ' '"'"""^'='*"'"«'^°f^'/»'''"*'rlaft; on whirh mornin- EtZrl;t"h '"" 'r'^'''"/" -' ''«-—. (foron that d.y and fin i.' ve at .lerL • r ." '"" " '"^'' ' *»''*= "^ --tchednef;. that I be: thf di r! r '"'° '"' "''"• ''"'' '''^' "'^"^ "'y I'irth, and know, a y Ci:^^^^^^^ ':"^'^'' ofh^srefe^ntmcnUouldh. o'fiv'k '"Tr* ^"^ ^"" ''^-'^ -' -X I .fed ?:: • of my knowledge, the Companion, where I faw the unfort, nat'e He ." gon hedeck.app,.e„tly wounded and bleeding, and my hufba„rand TL^r l';"'^"*^"'^ '«S-!"-.-S«'i". i think, having an axe and pi«ol iBtair? with hff ': ' K ? ""' '''"''''' """ -"y """"«'' "" f-'^«d, «Uke ZJ I T' '"""''' "^''"'°"''- ' -•" "«' '" '"i. Court h^hav;r-^ •": '" "'''' ''''"'' -"if'-ybandagainft Sta.r, ; I ;h have done u, though, to the beft of my knowledge. 1 did not ; bpt f r juwa. .„ a flate of diftra«ion arifing.om the fcene which the„;ret;ted I tomy v.ew:-my hulband diftrafted with rage,.-Heath lying'blcedLl _he deck,-.he found of piflols in my ear,,-anaxe andpiftol in the hands ^aptainSutrs. who appeared determined on dcftrudtion ; added toaU.my -From that to the time of the fchooner". being taken. I fuffered aU thati uo^Zl".u' ''"^"5^^''"«'-'. -ho flill chained metomifery.- -l t.me,. o*.ng to the violence of my huiband'. temper, and hi, trctmea? 32 TRIAL OF EDWARD AND MAGARET JOKDAU, | r/i^' W tome, bejeii under the jreateft fear of hj» refemmcnt j that I vu and am ig. honnt of thecbjert of t,.kingthe fchooner; and that I took no part whatever, either tlircaiy or indircilly in the bufineft ; and that when I failed with my ramilyfrom Pcrcic, I thought 1 w.iigoing to Halifax, ahd no where elfe. Thefe, may it pleafo your Excellency and the Honourable Court, are the fa^i which I offer in mydttcnco, and I confidently hope, when you confider my fituation, you will be ol opinion that I am innocent of the crimcj with which I ftand charged Rely ,ng on the influence of the Almighty, which 1 truft will be exerted in behalf of innocence accufed, I leave myfelf in the handi oJ ihc Court. The prifontr produced feveral cer^ificatci from inhabitanu of Quebec and Pcrtee, relative to hor charafttr and condud, at thofe pUcea, and w»nieJ to have thi-m read, but it wai agMcd to leave them with the Court. About three o'clock the prifonen wvire taken from the bar, and the Court flcarcd, for the purpofe of collc«ing ih,i opinions of thcCoromiflvneri In J about twenty minutei the doors were opened, when Edward Jordan being placed alone at the bar, and the ufual proclamation for fjlence made.ffu Ex- ceUencytbt FrefiJeUt zddteat:^ the prifoner in the following worda:— "Edwaid JoaDAN.—The Gentlemen Commiflioneri, before whom yea ij " h'lvc been accufed of Piracy, Felony, and Robbery, have deliberately ex- '„ •| amined the Articles -i Tharge exhibited :.Eainft you, and having maturely! " weighed and confidevtd the forcral evidences produced agtinft you on behalf jf " of Hii Majefty, ai well as what bat been alledgcd in your favour, upon the ;, '^^ whole, have, unanimotjly, found you Guilty of the feveral article* of J " Piracy, Felony, and Robbery, wherewith you are charged, and have agreed, >' " that fentence Ihould be pronounced agaihft you for the fame accordingly." Here the Regifirar afted the prifoner if he had any thing to fay why fea. tence mould not be paffed upon him, and execution thereof awarded againfl « him. He only enquired if hit accounu and papert had been examined. He '« Wu told they had been. HuZxe*lhncytbcPreJid€Ht\hcR proceeded to pronounce Seotcuce ai' foUowt :— . " The Court, by which you have been tried, has examined youreafel " With every jutt and merciful difpofiiion towards you. and Ihave already inj "formed you tha the Commiffioners have Hnanimoully pronounced yoj " Guilty —Nothingi therefore, now remnins, but for me, at Prefident of thii? "Court, to perform th« painful duty of pronouncing the dreadftil Sentence ' " whxh the law diTcftt to b. executed upon you ; not only, at a juft punifli- •' ment for the horrid crimet of which you have been, this iay, convifled, tui " asan example- to all othert, of tbe vengeance which >lway« puifuei U« n lept ol Ihis lif< vn sdjc CARET JORDAN. t ; that I vai and am ig. ( took no part whatever, t when I failed with mj , nhd no where elfe.- irablc Court, are the fadli e, when you confider my of the crimci with which ; Almighty, which I truft vc myfelf in the handi ot n inhahitantt of Quebec '\, at thofe place*, and c them with the Court. }m the bar, and the Court the Commiflv: neri.- —In n Edward Jordan being tor filenre made,/fu Ex- lowing words :— iuners, before whom yoo yr, have deliberately ex" lu, and having maturely ced agtinft you on behalf^^ in your favour, upon the )f the fevcral articles oi largcd, and have agreed, the fame accordingly." ^ ny thing to fay why fe«< thereof awarded againfl id been examined. He pronounce Sealeuce ai' as examined your cafe,' », and 1 have -already in- noufly pronounced youji ■ itie. :is Prefident of thii^ : the drcadfViI Sentence' It only, ai a juft puniih- this iay, conviAed, but ' ich always purfue* Um,: f RIAL OF EDWARD AND MARGARET JORDAN .O^ Jteps of the Murderer, whom no art can fave from ihc fword of Jufticfl \n Ihis life ; and whofc only hope in the world to come, muft depend on iho mercies of the Almighty j — You, who have (hewn neither mercy nor ccm- nsfTion to your fellow-oreaturA , can have none to receive from the hand of nan : Let me, therefore, exhort you, during the fliort time you have to live, ^at you do, with a contrite and penitent heart, humble yourfelf before God Pand fcek. forgivcncfs of youV fini, through the merit* andintcrccHion of our [Blcffed Savimir, J«us Christ.— •'You, Edward Jordan, (ball be taken from hence, to the place from I whence you caihe, and from thence to the place of Execution, there to be \ hanged by the neck until you are dead ; and may God Almighty h.-»vc mercy I upon your foul." e The ProvMft Mtrjltall was then dircfted to take the prifoncr from th .jr. and keep him in clofc cullody. After which, MmrgarH Jordan was ►laced at the Bar, and the Prefident addreffed her in thefe words : 'Margaret Jorian—The Court hat conftJered the charjes brought 'agaioft you, and, from fome favourable circumOanrts wMch have appeared ' in your csfe, ha* bren very indulgent to you, and .idjudged you not •o47ILTV." ;> She was ar cotdingly difchargicd by Proclamation , and foon after the Court ^as adjourned ^ff-fsr- was launched into etemity.—Auer hanging the ufual time, h=s body was taken down from the gallows, and hung in chains at Point Plea- fAii», on llic beach b«low Fort Ogilvic. II 34 TRIAL or EDWARD AND MAHGARFT JORDAN v\< C6e ConfcMion Alluded to by Iori nt d • ». rrovi.cc or Z.V. ::rK^^:: oTr. '";"^. '"-^ '^^^^'-' ■•" "- ^ '"o.hcr'.dircdlio.u, r.om which.iJc"" " I t "' '" """' ""''" "'^ ' 1 behaved myfCf as a dutiful (SIT "7"'°'*""«^ '^•'"=»-'' 0^798. ^ % landlord. ;»/,.. *.^ J, „ ,^1 1 f '""''' "^ "" '^'•° '^"^'^ "^e. iH>ty Receiver of the*^cnt^ .f I V ff^ Z ""' """' *"'""'°"^' '"»*' «^ I>e- ^ '•"^'0-1 that , ua! t; 'cd „ :e ::r,r'' °^ t^ '"■"•^ ^^^^^ '^"^ -^ «^'»i» hill, e.ercif.ng them 1 L . "' '"'^ '*'' ^ ""'> "^ «»«". «" - J •"""Sh innoeent. 1 wa, TJ n v ^'^ * ^ '' ' **"'"' ^" "'"^"^•- »'- "•"'^e in Bag„allTow^T4";e/^7 ''' ^'" dragoon, to the Guard- , Houfc. daring which Z'. 2 Ll . "f." '^'"^ '"' "'^''^^ '" «'»« Guard, j f-vedinfor.at.e.n fr^LTcor^^rJ ^^ ^ '? ""^^ °" "^'^ ^"^ ^'^ ' I «lay at twelve o'clock, wi.i. ei,ht ^ " T ' ^ "'"'"'^ ^' ^""^ '^^ «"« knew my nrofecutor. On the 1 T^^ ''"' " ''''"" """ "^^ ' ' °«vcr or two men. fron. whom m dt mv"? ""' '" '' '"**"' ""'^^^ ' «""<* ccntinelatMr. Bagnair^l.l f .T/ "' "' '"''^"^ "^" ^ ^^'^'^- T"° *"ou,h purrued b horf;"' t J;'" '7 'T ^"' ^ -^'^ "'^ -"cape, ^I'ere I ^va. not known and hir^', V ^ ' """""^^ "'" "' "'' ^"""^try, 1 laboured all the Ce; n i Tp ^ ]TT'' " " ^"'"^^'* ''°"^^' -"-« ! "to. I wa. Obliged to ieave the h ^ J^^'^: ^ '""" ''--'"« ^^fpe- . ""en fuffering hunger and cold urm .1 ">'•" '"^"n.taio, ahd ,vood„ I-"informedthatLlr,^arm;;^ ;^^^^^^ "f '"^ --> °^ May. n'-ar Wexford, and alfo.i,,, , r ^"""'P<^''"P°n'he mountains of Forth roons had n.rown mTm ;;:l°;;f;;- "--'^ <^-". and that the Dra- „ «f 'He wood, and Jde to t ^ l^^ w^V I whoknewmyfufferin«. j I.kTo", "' ^ ''^ ' "'^ ^^'"'"^'^ ^^ ™-y • save me the command'of a pan"y oZty^" !:""'''' ^"S-^i^ ^^r^'y. who ~ party of mcti.-|ir about an. hour after, the Britifh w 3ARET JORDAN t bcfoip, in his prefcnce, figned by him aboui ivvo uiion. How far it may ofay; butteclieachuy. " ^" intcrcfting account earnca dwfirc, and laft 3wntynfCtfr;ett', iinUc* fpt ftalile parcnti, who Cathohf religion. My ne *>is farm, under my "10 Rebellion of 1798, by )«11 who knew mc. i haviour, mademeDe. ruft I dif< barged to hit iome perfoni told njy i a party of men, on a lare wa» untrue: al- ragooni to the Guard - I nights in the Guard, tic; on the 9cb dlay I o^ld be (hot the next "on with mt; I never door», und^r a guard J over a wall. The I I made niy efcapc, ■ part of the country, armer'i boufc, where ics becoming dcfpe-. ountains and woods, tlie montl) of May, ' mouniains of Forth . an'J tliat the Dra- f which I came out welcomed by many H agnail Har-veytV/hu ur after, the Britifh TniAT, OF EDWARD AND MAIinARET JOBDAN. 3a lycamcoutofWc.ford «nd drew u,- f..r b.,.lr....U-e rn.a.ed thrn, ..vl rnum„er,h-.,ngfapenor. thev re.r,.,.d to Uoxf,.„l .rl\ ^ '" "'' "^^' '"' "• '^- --. NV-. nc.t .n.ampcd . , t o 'f c'; m' "^ "" = - nu,n., a few day». unr,l. ,...,■: rnnl.n 1^ 1 7 '";;'• T " Juno to Urbct-hill near New Rof, ,„d „„ , . ' ""-* '"'"^ ..... .he K.n,. .,o,,, .. .j:;;;::1h^:.::;-^:' .;"--. - - '"e l.r.le.. hut our ,.„nmu,„.,.,„ h„„, .........riTc : , " ^vn. and beat us out at n.. o'cloc. .n th.aLno.r ' ' '""' "'" 1 'ontiiuicl >viinthc Irifli army un:,l thcrehclinn « -. i favcd t.wc.. prou.tt.n., by my nun, 1 " ""' """'• " ""^" -Se .urn or money, who ...^i:^:Z T^V '^^'' ^"" '• And i ,ou declare that I never had,, "'""'""' '"" '"' '•-. -y adt o,. part n. the nu.rd ;;;;:;: """"^'' '^^ """ "-' ^- '^•""c.- and.„..cl did all, could iJ^':;^/l^c'''''" ''' '''''''''' ''''' tuv.dcd a man forrobhery and .av. . ""'' '""^ ' """^ ''''- A^ncfty Ad>. and reeeivcT. , ^.^'^^."''^f ^"'^ "" "-• rroclamo:i.„ under ing been marked i„ .708 ,, 'd w , ^■'"- ''•'""'■^^" '" ^^'^ '"-' '"'" C,.r,. , remained ;ea a b^ r""-'""'^^^'' ^'"''" ^^-'^'•' •^-' - ". ^r not havm« my proti^^'rC:' ri^^, l^^' ^'"^ ^ ^"^ I^^n.'-Jh, vrho committed me to cJ . ^•'^"'^•^an,, by Col. ""'.-, todifcoveriflhad becL T "."" a^l-rtifcd .n .hfTercnt •-i - .,.tcd a„v;ir :^^:s::;;;r7 -' "^' '^^"^^'- 'y of merchants for four vca-s wirl^ r "^"''■" ^^'^^om. "y employers, until t^^i^: i;: I;^^;- "^ -"« '^'i^.a^ion .'- Voric. , from thence .cnt . o c., the "/r*";'* '''""'" '" ohuJohnfo„..b,u.«„d,n, it did no nL; :.''"''.''' ^ ••^™ -" h «'7 .am„y. hut was perfuaded .„ «up at O 'cb ^ w, "? ,'" "''■'""' •^•wo years, till ,t was fold for deh, wi, " "^"^'"•^^""^ ' ^-ul on h bein, recommended from Q c ! ' ol':;"" "' '''•""^' '" ^'^i-- -. Colonel Pyl:e. they reco^imendc::. I ^^ ^ ^ .^'^'^ '^' ^- .™menced dealing with them ;-they gave mc / o "^ ." '"""'•""• September 1808. I returned to Hal.l.x wu , " "'■'^" '" J""''^ • ichl ^;'ive.cd.oMefr,s.Tr.m": :d\: L: :^r ''"'"'^" ^^ «"'• !'=• produce. I told them I could no. .c T v.m") t '''"'"" '""'^ '^'^'^ alfotold t.,em that there was a lar«e < h„„ '° '""' "'^' ^"^ f°°"^^ U^at. if they wanted her. to f J'L r';""!"^'^ "^^^ ^ ^-^^'R-er tHc«r« of the w.nter. and the fchoo 7/ 1"^ ^^ l';"' '"-«'-. - 't . to run m debt for the risgin* Thev f., 1 , """""S' ' '^'^l "»' oy. and fend hertwo voy^ to i^^^e W a 17 """'' "'^' '" '"'" ^'^- '->«>-. ^-okriggi„;,„^,,,„r,„^f J;^-;- r^'l '"'""^"'^ - ^ent her to HalUa. fendn.g alfo , BUI o72;;::::;:rr;;::; IP. •^ TRIAL OF EDWAUD AND MARGARET JORDAT^. Attorney to the Tremains to get out a Rr tjifti r, llie con»ideration money for the vcTel hcins ,^500. I came up to Halifax in the month of June, and :'oiind that tlie velfcl had artived. Meirrs. Tremains kept me sixteen days wailing for my accounts. Finding the vc^'clin debt to a large amount on balance of account, 1 changed the Captain with the confcnt of Jonathan Trcmam. They charged me with all the cxponccs of the vefsel during the time ihey had her, and turned out Captain Morin whom I had (liipped.and put in J. Stairs, xviio took the vefsel down to Gafpe. He produced his papers at the Cu«om- Houfe at Gafpa, when the Cuttom-Houfc Officer faid to mc " I thought the vcfTcl vvas yours, but I fee it belongs to Mcfsrs. Tremains ;" I faid, 1 consider- ed them as Gentlemen, and that they would not take any hold on my veffel, as they had charged me with her ejpenfes. Stairs, having a letter in his pocket Irom the Tremains, Hating that I owed them a.large fum of money and that the vefsel was Mtfsrs. Tremajns, added that I had been in Gaol In Halifaic, for debt, and had no credit with the Tremains. This report being fpre:id, and the Court sitting in my own Honfe at Perc^e, every one I owed demanded jraymcnt and tliofc I could not fallsfy fued mc, and fold my property at one third of its value, which drove me to Defp»ir. I was intoxicated every day at Pcrcee. I never fold the vefsel to die Tremainsi they having it in truft for me, wliKh Colonel I'yke knoA'S. We fct fail from Gaspc, and continued on the Courfe till the 13lh Sep- tembf r, on which day, about 1 1 o'clock, on recovering a little from the ftaie I had been ia, I considered that I was going with my family lo Halifax to bfc put in Gaol by the Tremains, which dnive nie to diftraftion. 1 hfcre declare that full credit may be given to yo/.« Sfa/n' teftimoiiy, cxctpt that 1 never ftruck Maitheius with en axe, nor liad I any intention of killmg either ofthofe Men, Malthewt or Heath, but only John Stain himfclf, who efc^pcd in the mann«r he mentioned. I alfo declare that my wife never thruck, qr laid her hand on any of them, to my knowledge, and had nothing to do with the de- sign nf killing them ; and I alfo declare that yohn Kelly is perfedlly innocent of any hand in it, that I never communicated my defign to Kelly, nor had he any knowledge of the busineft ; and that, from the time of the men being killed, he appeared deranged till he left tbe veflel, and faid, at diiferent times, lie would put a bad ?nd to himfelf, and that Stairs was a Brother Mafon of his. And ns artoHtcr report is circulated in Hltlifax, of irty having been an informer i" Ireland, I declare it to be wholly untrue, and that 1 never gave evidence agatn.t any man in my life, or brought any man to trouble on that account. A'nrf v.licij:.. JH;,f. Mjrtatti tt Gafne had reported that (he had loft .£600, and th»t r ; V fv L.1'1 tiki-n it, I declare (he is wholly innocent, as well as »■)•' (-",i|^Ctl) TR Onf cial C< Felon ie House i His Lieuten ^c. 8Cc. The . . Jiistice c Council. Thel The} Thel The I The! Thel John Ship La WILL] jesty's Si John Sloop qf, SAMUf Thom for the P( Sd. Jordan, money for ;, and found lys waiting on halanrr n Tremain. me ihey had in J. Stairs, Lhe Culiom- tliought the I consideN 1 my veffeU nhii pocket ley and that I in Hnlifax, ;ing fprcad, id demanded perty at one :d every day it in truft for e 13lh Sep- }m the (late Halifax to be hfere declare that 1 never ither of thofe caipcd in the £, or laid her with the dc- Jlly innocent or had he any being killed, iffereni times, Mafon of his. an informer ave evidence ihat account, ad loft ^600, It, as well at (a 71. HEP OR T OP THE TRIAL OF JOHN KELLY. S Sr„«- A*^"' of D^-^rber 1 809, .nolher Spe- „. PRESENT. /,-f ^f^*""^ Sir George Prevost, Barcmel The Hon. Sampson Salter Blowers, Esq Chief. The Hon. John Butler Butler. Esq. The Hon. Michael Wallace, Esq. The Hon. Edward Brabazon Brenton, Esq. The Hon. Charles Hill, Esq. ^ The Hon. Richard John Uniacke, Esq. ihe Hon. Charles Morris, Esq. Members of his Majesty's Council SiiMUEi. H. George. Esq. Xeeretary o/tlte Prmince ^6ft6n Uniacke. Esq.* Registrar. % *|A new Cbmmlffion had been iffued appointing him to that Offite. I 38 TRIAL OF JOHN KELLY, The President, Commissioners, and Registrar having been sworn, and tb,e Court opened, in the same manner as on the trial of Edward Jordan, James St^wart» ^f^ His Majesty's Spucitor-General, d<9liver«d certain Articles of Allegation against Jokti Kelly, charging him with Piiacy, to the Registrar, who read them as follows :~- Sficiai. Cou»t or Admiraitt, \ '" "■ N*«« «' God, Amim. Befpre HU Ext^llcncy Sir Qtor^e Prevptt, B^ooet, Lirut«na|it Governor and Commandei in Chief in and over Hit Majefly't Province of NoyA.Scoti^ Jcc. &c. (Here the names eftU ofbtr Cvnmiftitttert -were in/erted) Commit- •ioners appointed and afsigncd by Hit Hajefty'i Royal C^mmiflion, under the Great Seal of Hit Admiralty of logland, bearing date the 3Cth day of oaober, ia tbe S5tl» year of Hit Mitjefty'i Reign> for examining, enquirinj of, trying, hearing, determining and adjudging, according to the diieAioM of tbe fcvcral 9fiX <^f f arliament therein meifti^fied, in any place at Seaor apon Land, at hi* t^^d Erpvtnce 9f Noya-Scotia, all Piraciea, Felonies and Eobl^ries, an4 all ac- ceffariet thereto, committed in and upon the fea, or within any hatren« river, creek or place, where the Admiral or Admirate Ijavn; power, authoniy or jaritdiAion, Comu Jiimtt Stewart.Efqxiite, Solicitqr Gepp-dlo(oat Sovereign Lord the King within the ftovince aforefaid, thii eighth day oiDtttmher, in t\ie^ftieti year of the reign of our Sovereign Lord George the Third, King of the United Kingdom of Great-Britain and Ireland, «ec. Icc. and hereby complaining, on Tiehalf of our f^d Sovereign Lord the King, doth fay, al- lege, and in Law articulately propound as foUe^vs :-.. Firjl : That jf^ Kelfy late of Halifax in the Prov^ncp of Nova-Scotia, Mari- Ji^r, and late Ma(« of a certain merchant Ihip or fchAoner, f;alled |ite 7Arr« Si/lert, combining and confederating with one Edwqr^ yar/iqp, to ^urn Pirate and Robber, :|nd to run away with tlie faid merchant i^ip or fftjqoncr called the ilirec-Sifteit, being of the valoe of five huhdted pouri4>.of lawfa}nnoit9y of i|ie Province of Nova-Scotia, belonging to Jonathan and John iWinauai of fialifax a^reCiid Iffcrchaau, and laving on h<»ard a icarge of dried pidi of the value of three hundred poundi of like lawful moneyt beIoki|ihf to divers petibns KiUMiown; ^nd bound fron> Q^fpi in. the Province of U>«rer CsaMlai to Hidifix afocclaid, under ^w command, of ^ohn Stair*, the Mat«r of t|i^ Q^ merchant ihip or fchooner, he the faid John Kelly, bping Matf of tbe faid merchant fhiporfchooner, inpurfnanceof the coni|>inationandcoi)fedftacy foaaaforc- 'aid made between him, and the faid Edward Jordan, who wat ihcn a paiTcn- ««roa board the faid fchooner, did, on or about the tbirtemth day ofSt^ember U\ thi ytmafarefyiff, en tlic high fca, near the coiAof NqVi'ScoIm gforcfttd* TBIALOFJOHN KELLV. ,39 Registrar 1 the same an, James General, liast John Registrar, God, Amin> nafit Gpvern«r »f NovA^coi^ rted) Commit- [ign, under the lay of OAober, rins of, trying, toftbefeverai lonLaiid, athis riea, a|i4 *'^ ''C- ly hateo, river, r, authonty or r our Sov^reisa y QiDtftmitr, he Third, King :c. and hereby 5, doth fay, al. a-Scotia, Marl- iiltd^ Three p, to ^urn Pirate ^OACrc^ledthc fa|moin(ypf i|]e main of HaJifajc Hi of the value div«n petions lada. 10 Hiilifix ^filiii merchant faid merchant ;acy fo m aforc- I then a paflcn* lay otSeptember icolM gfotcftid, tod whcie the Admiral or iV<)iniraU have potvcr^ authority, and juriidifttou, betray his trufl, and in confederation with the f tid Edward Jordan, with force and arms, piratically &nd feloniomly, leizc and taWc the charge and command of lie fpid merchant (hip or fchooner, from the faid John Stain, the Maflor tii^rco), Uoaiiift the will of it\e faid John Stairs, and having aided and abetccd theMd Edwjtil Jordan, in compi-ilins; hiin iho faid John Stairs to leap into f i'.-,lv.4, ri'tni on board tne fiid thi{' ur ichooner, by putting him in great bodll/ f.'ar, iiifl dinger oi ...» ..it; nnd ha -iig auicd and abetted lijm, tUc faid Ed- waiii ford.in. in wilfuliy murdering /non.is ileatli and Benjamin Mattliews. maruicrs on board the luu Tuip ■«■ f( iiooncr, he, the faiJ John Kelly did, ii\ coBiederaiion wiui the laid -ilward JorJ^n, as aforcfaiil, piratically rAti/elon- tQufly nil) . way vviih the faid merchant af,Va;Ar, and fetoHiouJly. aiid againil the will of the faid John Stairs, did fleal, take, and run away with, contrary to the form of the ftatute. in'fuch cafe made and provided, and againft the Peace of Our Lord, thq King, His Crown, and Oittiity. - - » H . r*,Vrf._That one Edward Jordan, on the thirteenth d^y of Septemher in ' ynr afore/aid. being a paffenger on board the faid merchant ihip or fchooner e«l!ed the Three Sifter*, w!,crcof the faid John Kelly was then Mate, bound «9.^a«v»y,8e from Gafpi aforefaid. to Halifax aforefaid.. the faid John Stair. hei»»Stlftt. matter of the faid merchant (hip or fchooner'. he the faid Edward Jordan, on thc/ame day, and in the year afore/aid. on the high fca. nearthe 4o TBIAL OF JOHN JtELtV. «nft of >ov, Scotia afarcfaid. and wherp the admiral or ,dmirai.].avc po*<.f .u.,.cnty. orjurifdi«io„. wiU. fo^cc and arms. ^/.ar/.«//^ and/./o^/Xdld fro':;,' ::^'^.'^V?"'''''""' co..„a„dof .he faidtnerchaht fl.fp orSnc' from the fa,d Jhhn Sta.r^ .g,i„ft ,h^ will of the faid John St,.r.. .nd havinr laid fh.p or fchboner. byj,utting himingreat bodily fear and danger of hi, life f' amen belong.ng to the fa.d merchant Ihip or fchooner, did piratica/iy and fefo.w.JIy run ,way tvith the faid merchant flup or fchooner. and her cargd; j^^nd that the faid John Kelly, fo being Mate of th« f.id merchant Ihip or ^hooner. a, aforefa.d. on the/«;«. ^y, >„a y.ar afor./aid, on the high fea. a*,d ^v..,,„ ,e jur.fd.a.on aforcfaid. did betray his t.ufl. and did then and there. t>raUcony,fcl^niovJly, and ^joluntarily, yield up the faid merchant (hip or chconer to the faid Edward Jordan and d.d then and there combine with inel:ud Edward Jordan in /./r«f,V«//^ and /^/o«,o«/3!^, running away with the «a,dfc:-.ooncr, contrary to the ftatutc in fuch cafe made and provided, and "Cn.ntt the Peace of Our Lord the King, His Crown and Dignity. /v7/' '^';'rf''''7 «— -Bemg .fk.dby.hc f^eALr. af wha umehr ^v«uld be ready for hi. trial, he'n.med the foll^-wing MPPday. u. v.,s thet.d.re«ed to giv^ i„ the names orfuchperfons. as he LZ wil - cu. as^witneircs -n h;, behalf ou lii's .rial, ^n order that th^y J^ b^ Vn.mo«dfoattend; upon^vluch he gave in the'names of Margaret J^r^al . , ohn Bro^u^n. and Jokn Curtin. The prifonor was then^ infofmed^TlS >;'CA,.,.,.. ,i.,t ii,e Court would order a copy of the Allegation to be font to ^.m ; and would allow any getulem.n of the Bar. whom he ftould employ^ to offer any n^ucr^of Law to ,he Court, in his behalf, ypon his trial. : The pr.^ncr n,naed i. i,'. ^.i,> £sq. for .„. CounfeK-After which be w«» «- manded IP the c«ft9dy of the Provcft M,rrbaW, and the Court adj«Uf««rf,uBh1 n-iko clock on the foflow in^. Mpndar. ffr TRIAL Of JOHN KELLY. 41 (*• On Monday the 11th of December 1809. the Court met purfuant toad- journment. ,vhcn the Hon. Alexander C«ok., L. L. D. Judge of the Court of VicAdmiralty, and cne ofHh Majejl/s Council for the Province, appearing on the Bench, the Commifflonei 's oath was admiBiftercd to him, >nd he took his feat on the left of the PrefidenU The Court being opened, Mr. Rcbie, the prifoncr's Couniel, faid, he confidered it his duty to move the Court to put off the trial, on the ground of the abfence of a material witneft, which faft appeared from an affidavit, made by the prifoner, ftating that, as foon as he got on fcore from the fchooner Three Sifters, at the time he laft left her, he applied to a Mr. Ryan, a conrtable at the Bay ofBulh, and informed him .f the murder, which had been commit, ted on hoard the faid fchooner, and requeftcd him to fend a boat after her, which Mr. Ryan declined to do. on being informed there were arms on board ; that Mr. Rya.i could prove the above faft, and was therefore a material wit- ncfs for the prifoner. TbeSelicitor-General objefted to the application on two grounds j-F,>y?, Becaufe the prifoner had h.mfelf named the day for his trial, and given in the names of his witneffes. therefore the application came too hie -.-Secotdly - Becaufe the witnefs was out of the jurifdiftion of the Court. After fome confultaiion on the Bench the Prefdent faid, " Mr. Solicitor- General, you Will proceed on the trial." . The Solicitor-Ceneral and Mr. Hutchinfon being of Counfel for Uieprofe- cu tion, the SoUcitor-Ceneral addrcffed the Court as follows. *' May it pleafe your Excellency and Honours,— " The prifoner at the Bar ftands charged as a Confederate and Aider in the awful fcene, which has been lately difclofed to this Honourable Court opon the Trial of Edward Jordan^ fo that the Evidence in fupport of the pro- fecution will, in a greatTmeafure, be a repetition cf the dreadful talc, tliat'has been alrcidy tcid. As my learned friend, Mr. ^utchinfon, upon that occafion fully explained the Conftitution of this Cout^, and minutely defined the legal nature of the crime of Piracy, with which the prefent prifoner. lobn Kelly ftands chiefly charged, I wiU immediately proceed, without tatiflfiwilhe further time of the Court, to a recital of that evidence. \ '^^^'-^ The allegation conuins three Articles. By thc»?, the prifoner Is chargei With having confederated with Jordan, in piratically running away with the fchooner Three Sifters, and her cargo, and with having aided and abetted h.m in the murder of Heath and Matthew,. 1^^ fecOnd article fchT ""r"^""' -Uh having pi«tically run away with th. ftmc fchooner and her cargo, and the ,/,.Vrf «r,.V/. charges him, under the lla- ^d?„ i r!!''""":"'' '"''''' "' ^^^ "'• ^''^ '"»^^"« ^°»""»"Uy yield. *d up the fchooner Three Sifters and her cargo to the Pirate, Edward Jordan. K f 42 TRIAL or JOHN Kli LLV. Under this Alh gation, and tlic evidence wliich I (hall adduce in f.ipport of it, tlie prifoner tan he corfidcred in no other light than as a confederate or aider, •f not nn a«or or principal. An acceirary nu.ft be either before or after the fatf^, but the prifoner will, I tiult. in this tranfaaion. as it may regard the piracy in particular, he proved an aider in the crime, and as fuch muft meet Iiis fate. Jf, however, he fhould be confidercd as an atceffary, he may ftill be found Guilty under the allegation, as the Statute Ihd: bne''incin('|| -i . ''-;■ '•■/' \ •■'-'■■• -f ■■' • ^ . '■ . ' ;-.(!.. 1.. . . : ! ,;^ , .:, It isloid down bymy Loid //(7(V, tliat a man- cannot even etxctiie the 'killing of another, who is innocent, under a threat, however urgent, of lo- fing his own li/c unlefs he comply. Mr, East \\oyv ever, in his excellent 'fieattfe.of the Pleas of the Crown, obfervesthat, " if the commidion of "Tf.eafoti m^y bccxtcnuatcd by ;iic fear of prefeni death, and while the " i)arty is un"d^r,adlual,cgmpul/ioii, there fepnis no rcafon why the offence •' of Homicide may not alfo be mitigated, upon the like consideration of " human infirmity," In the fame book, upon the fubjeft of high Treafon, it is faid, •* if the joining with Rebels be from fear of prefent death, and while 1 f'.ipportof it, crate or aider, ire or after the ay regard the ch muft meet I he may ftilt ti of George I. Is, and di;e£lt toilie detail of 1 thofe which has fo juftly ill the Deed, I have not a e of coercion. evidence, and of what may, V the brutal III it witii the ir Excellency itt in all his 'his cannot be nf our coun- luld not fup. wed, as Mate re all things, creatures, to 'f (heir lives, iif ever that 'Upon an oe- av6"juftified d hya- inoft excufe the gent, of lo- js excellent nmidion of 1 while the the offence tdcration of rreafon, it is and while TRIAL OF JOHN KELLY. \3 " the parly is under aaual force, fucli fear and compulsion will excufe hira. •« It is incumbent, however, upon the party setting up tliis defence, to give " fatisfaftory proof, that the compulsion continued during all the time heltaid "with the Rebels." This being the Law of our Land in cafes of Trcafon, l?t us, by analoj:v, apply it 10 the cjnduft of the Prifoncr, to the fuUett extent of indnlsence, and your Excellency and Honours will then fee how little it will avail him. If he be innocent of the murder, or however palfied he may have beenat the time of its commillion, it will evidently appear that, immediately after that deed was done, hemnll have inftamly aided in the Piracy, for upon his arrival with the Ichooner in the firft port fhe reached in Newfoundland, he there appears a» tiie Matter of her, being called Captain by Jordan, and having the entire management of the veffel in that capacity.— There he had a happy opporttm- ity, if he had pleafed to have availed himfelf of it, of difcloling the whole truth. He might have done it with the moft perfeft fafety to his perfon, in defiance of the threats of Jordan, not only on Ihorebut afloat, as His Majclty's armed fchooner Mackarel was l>ing near him, in the very harbour where the Three Sillers was at anchor. He might have done it with eijual fafety at St. Mary's, where the Mackarel again appeared; and at Trcpalfey in particular, \vhi.re, during the aM'ence of Jordan tor feveral days, he had the mof? un- qualified freedom of adling and fpeaking as he thought proper, without being under any polliblc apprchenfion from any quarter whatever. At the Bay of Bulls, another favourable opportunity was offered him of making a diftlofuie, but this, it will appear, was not only rejedled by him, but he there flies from the hand of Juftice, upon hearing that his Majefty's Schooner Cuttle was in jurfuit of the Thice Sillers. That he may have been under the dread and influence of that ex- traordinary charaAer, to a certain and perhaps great degree, I am willing tu adiutt; but it lies upon him to prove under what force of compulfiun he has been a^ing in the dreadful fcene. Were I of Counfel for the prifoner, i: would he the main objedt of my defence to delineate the terrifick Jordan, and to«xpofe the brutality of hisconduft in every ttage of the dreadful affair, that, if I had a hope upon the ground of coercion, the thrcatner might appear in his ftrongeft colours. If I can peep into the defence of the Prifoner, the amount of it is this, that Jordan was inftigated by the Devil, and the Prifonct by Jordan. But in the eye of the law fuch an excufe cannot fcrve him. He is now in the hands of your Excellency and Honours, who, painful as yoor duty may be, will, I have no doubt, execute it with a due and folemn regard to the oath you have taken. Upon the Evidence, which it is my duty to lay before you, together with what be may offer in his defence, the Prifoner rouftbetried, and the refult ofhis trial, I am inclined to anticipate, will be his Conviaion. To that Convidlion, however, may be attached, if the Court Aiould think it proper, a recommendation of the prifoner for mercy to the belt 4f4 THE TRIAL or JOHN KFLLY. of Kine'. Hii cafe may be laid before hi, Majefty. and a rcDTttent.r.. III* crime when told to iho n.r^t », J ""<:«'. may lead to a pardon of ours,andfl,„udyo tt r/r uponarur"'!, "'•" ^"'"'^"^ '"'' "°"- to acouif ,h. D r '^ consideration of the whole evidence ^z^:^:^zi:::::t' "'""'^" ^avedo„emy d^tytot:: feeling,, whi .'.'re t f?r! ^''"'"'"y-'f-'ence as proceeding from thofe i».ch are tb . fafeft, a„d ,he moft creditable to the heart of man. Mr. Solicitor General faid that he would firft call %A- ' railed from Cefp. i^."::^:' oj't rrior't:" ^^;"^'r ^^ foncr a the Bar. Mate, and Thomas Heath anH p? ' • ^ "•^' '"* '^'• Fdwurd Jordan, his Wife and fo" ChUdl " "T'" '''"'''^'' '■^"""'"• cargo of the fchooner consi J : d d 7/::.^^ f'^r ''°"'- ''"° rox. Wm. Dris.ol. Mefl-rs. Tremains. and my'fe f W^ "^ ,'"^'''"'""' voyage until the thirteenth of September ir/oi .hT^ P'^^^^^^d on the •etwecn Cpe Canfo and White Slxl!" I "^'^ »''' '"e vefse. being ftanding bchir^d n,e. when iook^.l . \ "'""' ""'' «*** — Jordanfta„din, be-and tuyT^:^ZT:"tx " T'''' ' '''" ^'^''^ light. ] flart,,H back, upofwhich foI'«'^;'"' '''^'"" *''"'''«'» '''^fl^T- Heath. who.„uponneJ:^:;ir:;Trd";^^^^^^^^^^^ my piftols, but it was broken open and tho nift '^ ^™"'' '"' my cutlafr, but could not find it As Iw?. ' T" ' """ '^"•=''**' ♦"' comp,nionladderwithapi.o,nonehl :f"^ k"^'^"'"'°"''»« him back onthedeck.a„dcaaer,l2//" "'"'^^ '^'^^^ janoie, I wrefted the piftol and axe from Jordan, and threw '^ * Each >vitnrfs was sxamind «« -i • ... Of Jordan, buthcrc the ^llSu.ZtVJ"^^ >« the fanfe manner as on that fully eondenfed. ^ "'*^'' '"^cn omitted,, ^pd the tvidencecare- TPIAL OF JOUN KELLY. 45 rcprcfenlaHoil id him to fab- refervation of nil and thofc a pardon of ihould 1 be ■y and Hon- ole evidence Y duty to the g from thofe of man. who, being ed with the as mate of nathan and ■he pcrfons >on in that he time we , the Pri- '», Teamen. Mrd. The rheojhilus ■d on the fscl being teath was w Edward (h the Hlj. 'all ftruck Frank for arched tor 'an on the I pvflied %but he ne Heath lUe I wa* ruck me id threw I on that tee care- ■ ' '\ i i tlicm ovcr-hoanl, niv' . or I got difcnianglcd from him, 1 ran forward for fninttliing to dclt-nd niyfill witii. 1 lnokcd at the prifontr, dnd lie appcjiefl 'd mc to bo in tl>c atiiitiJf ol loading a pillol. Finding there wai no chanre fur my life, 1 ihiow tlit lislcli into ilie lea, juiniied overboard and fwahi rtficr it. — After rcnia nin; in ilic waiei aViout tUrec hours and a half, I ivas taken up liy an American fctiooncr, an . carried to the United States, from whence 1 came to H.ihisx. During tlic vMinlc of the contert, KW/y neither alVii^ed nic nor faid any thn^, and Jul not laki- any |>an in wliat was going on, bill only remained at ttie lielm. At the time Jimlan fired tlie piltol into llic cabin, Kel/y waj ft,»iiding about tlnec or lour feet from the Ikyliglit.— When I c.iiiic on deck, the vvfTel was off licr ((uiTfe; the wind blew from llic Nonh, and tlie propL-r couife was Weft and by S-uili. Diiring tlie wliolc of ;!■,« contea, 1 wa» callinc Kelly to my aOiltincc ; at tli»' beginning, Matuiews came running aft loaifiit me, but, during tin latter part, ho was lying on the deck appJicmly wounded: alter I goc clear l.om Joidan, I faw turn ftr.hc Matthcwson tiie heai witii an axe. On lis Crofs-txamiiMtion by Mr. Robie, the prifutier't Counsel, tht Witnep /aid,-.. When I called Kelly to my aflil»ance, he was ftanding at the helm, and appeared friglitened,— he moved bis bndy as if inclined to come toaflift mc. but I cannot (ay What prevented his coining. — I ii(* not recolkcft that I was in the aft ol handing a glafs of grog to him, when Jordan fired tlie firll piftol, aliluiugii it might have been fo.-— A\'lieii I fay that Kelly appeared to mc to be in the attitude of loading a piftol, I mean, that his back was towards me, and himstli in a fixed poftiire. — I do not know Kelly to be a timid man;— -he always bore a gojd character with me, and was always obedient until that time. Being examined by the Court the IVitnefsfaid,— I do not know what courfe the veirel was fteering, when 1 came on «1eck in confequence of Jordan's firing tlie piltul;— -the true courfe was XV'eft-Soutli-Wert ; 1 do not know at what time, or by whofe order it was altered.-— When I wont below the fcliooner was fleering Welt.Soutli Weft along the land, and, when I rctuined on deck, the was off the wind, — Iknew, by looking at the land, that (lie was off her courfe.— When the con- tcft commenced 1 fuppofe we were diftant about three or four miles from the fliore. \{ Kelly had affiited me I could hatfC overcome Jordan.— Kelly was at trie helm during the whole time, but 1 cannot fay tliat he altered the courfe ; it was changed about four or live points; it is poflible, however, that the fchooner might have made a yaw.— I have every reafon to bclieVc ihat the courfe was changed for the purpofe of getting the vcird off the Nova-Scotia fliore ;— after I left her fhc tteered about South, before the wind, but fomr- times Oic would take a yaw. L ^nMLOFJOfJNKELT.V. were with m,. r '"''" '"'' '"'^•n prertV.d • m 1 "' """« '" '" jp-'^n A,.„, .i^:r:;'^;: '^.::^7'''--^y^e.•::^rI:-- "'s'". -nd ..nke care of.l.e vc ^,' '' '' '"'"^"''''^ '"'= «o ft„y on (oj While U,c ?h Jsl "° "■""■=■' "'«~'J,-.„e r ' 7 """"S-lfrt/, ft"^e. I caono, fay Whether kv,' '""""S^" and a, lay bu.7. . " '^- Keiiycou.d have g ,^:j f 7 •'-'^- -"c o„ board'or" 'e ' 1"";" atLitrin R,.. , * "^ "ad rlcaffH ■!„ ' "^^ "or who. d "t!; '.:"'"" '" ""' '"" 'ib»t ;:" ,7'',°" "'°" -"«" % »-! "««' «: t:r'r\""''' - •'■>«- d^nd! k:,?^"' •"" ■■" wcntii Tijere \ being ^ forc...l Kelly c She lay '"«;—, 'nd vvei Friday « Tf.pairc g'llraie » a Satiirdd next c'vi.1 Captain /' vcffel.... val. OptI wa* bouot fai'cJ, Ke ffiicloltd V '^L'lf as to a he was aflii Homo Offi< I do no and make a think it was V fchooncr, Ki obeyed him know the cai Jordan was a 'Si'feiineiit w I believe it w fchooner, Jpr d , niamaftcrwari] Wo >ct Jordan I tl»«, if Jordan in tjebl, and w knowledge, K Kelly, in endei I I'ucceedcd in gt TRIAL OF JOHN KELLY. 47 t f- t She t^T'"" '""" " "«"• '■"•«, :!:?"■'' -»» "- »»y .tithcr °J.-Jo.d<,„ |,„ ,,„ ,, T„ „ . ' ""'" "" S'lurd.v follow. '-apiain /'oner wlin h J '^ ^■" """Hhu nmt ^ve Irf.-r vcircl .,,e remained at Ihe £.y o, Li," ' "'''''" ^' '"""nnndcd ,hc ^'«'- 09t».c' «om,ngof tl.atd.v fl. r . ""'"'^ ^Vedncsday after I.e., ;-'-^'i w.,.t .ad happened:?,'!; ;?;:;;;■ V^r '^^ '^^"^ '^*«" '"- ff - «> -'y a.ten,pt .Ton Jordan, ci.ll!, Li ,!«"'"' "'"* ^^^^^^ to h.m- Houte omccr. and an A,c„t fo.. M^t' .; ^t ^^ '"'""' """ " ^ ^"«- ' Iclo not know ...creafon why KcII , , "'''■^"''^^■^<''' and make a disclofu.e of what had taken „t! "°' I" "" "'''^'•- '' Trc-paffcy think .t was from .ear of Jorda.K..' d, " ' T" "" ''""'^ "'^ ^'='-°ncr! S,?; ■ ^f--*--. KCIy appeared to be under the . T' ' ^'* °" ''^'''^ "'O ^'^»>-'^^''"-"--ythinE.-..KcX;f. „ a "J "' ^"'^"' ""^"^^ he know the c.„fe....D,.,„,,„ , j;/ '^^/^^-'-'^ '^'^io^ed. but , did j Jordan was absent, two men came on boa! , " " '""'"'^'■"' ' ^•"' -'"'e JSJce^ent with Kel.y before the w"di ; | '' '^"''"""' ^"^ "-^--n,: at Ttcpaskey to hire a man for th/^ "^''^"•-' ronton fliore with Koir ^chooner. Jordan was then at St. ^^ .T^^.f «.'>^"« - Halifa. :-,f2 i ' '"Waftcrw.rd. ,oId mc) to Halifax ,j ^ ''"■"'' ^ ">=«" '<> go ^a. h tl»«. If Jordan knew i,. be w«uld ic ii. k ^ ° ""'"•"• "^ "'« he faj- - cleb, and >.as r^p,i«, aw^y t^' .^-■'^""^ '"'•^ ™c .hat Jord „ ^ knowied^e Kelly a^rotoidJe^'w :«':;:"; "?''" ""^ ''^" "^"z •wll' 48 TRIAL OF JOHN Kl. LLY :.iiil I I'VUMicd liim, took llie boat from him, and brouglic it hacl^ V,'i left liim on (hrrr. 1 do not know liow long it Wiii l>t»orc lie w.ii broiiglit back to iJic vdfcl, 10 the bcO of my knowkcigf, it wm on the same day ; ncitlierrio I know ilic j'Ci^plc that brought bimbiick. I fti|>|iore bit iaicmioii, in going afhorc, w;«to disclufc whut bad tinj^ptnud. \Viit-n lie got to the fliorc-, liC Ivad neither liik (nat, noi his hat. —1 faw I'cwer lUike Kelly on the ihore, r>ndaficTv\ardki^Kc the bo^it on board, :utl do not know the icafon that Power did net lake liini ni the s.inio lime. Alter Kelly had got hu hat and coat, liea^aln .''ttimpted to go on fliorc, and |UK hischetl and things into ilic boat, tor thai jiiirpui , but be did not g9 ; 1 heard Power fay that be had bien of- dcri'd by Jotd.nn iu)i lo let Kelly go on (liure. ••-During nil the time that Kelly •Wijon bpard the fthooner, be feemed to be very nuicif call down, and ap- pl-arc'd.to, be tiUvayi in fear of Jordan.— •! bad no knowledg'.* or intimation ot' the arrival of His Majcflv'^ fcbooiicr Ciiitlc, until I faw her at fea; 1 believu rov\cr and others on board knew it but they did not inform mc— -1 do t.ot ncoUtdl: to hr.ve ften Kelly in fiis on board the fchooncr. Eeius examined by the VrcfuUnt the mntnefs f-tid:-^ ] believe in Oflicer and lour men came m ilte boat from the Mactarel h) the Throe Siitcts. The Oflicer alone boarded ; Kelly tould nave miormed himol v\ hat had l.ccndone ; ai that time the Piiothad the connr.tnd, but Kelly j-,tf»cd as Captain. — After Jordan klithe vcHcl to go to if. jyo/jwV, we had no^ ftiflkicnt hands locomc w Halifax, becaufe tt.i; m.in, whom Kelly had hired to jtT.ift in working ihe vt-fT.I, did not come— Kelly told mc that, if Jordan did r.Dt rikurn Coon, be Uould not wan for mm, but be did not say at what time he wouM £,o."-l tipiiot leeolltdl tl.ai Kelly inedlo get hanoa or iupplxs.-- ' Mv rtafon for '>Klic\ Irg ili»i he uas eiuleavouiin^ ti> hiretlic two men, who * c-jmeon board the Three >i/fert'A Tit^effy,Ut afTift in carrjinghcr to Halilax js ti.r.t the rri(.n atked me wIicil v,e were bound ; I told them to Halifax', iheV tilt n 1 1. quired liiiw many hands we had, and if the Captain wanted nantlj; I f;'.l(l 1 fujipofed he did, as thcrd were only Kelly and 1 on board. — It ' )t W'ajxN";iUi.'tlic vcltti lay in .S'f. Ayflr^'/jSflV» 'hJt Ktlly told mc that Jordan wasin debt.tV.d wairu^v ing awsy with 'the fiioolitrr, ah'd Hiat lie (Kelly') .IaTC'^Kn;i<'^Wiloroit.-i-'!'neVer heard Kelly called Ytft\\t hlWC r>f John Stairs. 'Ebc'nMt:e-cf Hf^ C9pitin*Mhe Volfelis not in itiy fiil'p'ping paper, 1 vt'ai l>iipf*d-b7 Jordarf, xVbW'theii callciHiimfelf ^oi« Tremain. {Hertthe tvit' titfs pf^dihiJ l!if>.ifJ>iltgP(it><:<'> it-f'ieVtiiat ready the If eifijltar i froiri thii it ap^Oied .tlier-fhe Witntfi had'betn-lirtd hy a frrfuM calling hirnfelf'fiJhn Tre- nuiin.^i-ftAtfiV:it%tfs^'ththfr6t)teVi^.)i'Ac't''r di'et^fy'thii'l^Vl^Hj^ paper toi < KLulLy.«>'.Thcfcw.T*'i»o(bihg)t*opAv€WlKH!y 't%rrt'%olng*tffiinit6ft, while* j«d: tiwai guftAtf«ira.t4tt:'UclfcV.--:iArtt}r>'llcH'^1iW'gdne-ota' fluoric without 1 ,&,hsAi..rti; i ':i>,;lc>.Jvv,i9hraBgk«;ohb«aT>ot tlic Mackarel iiuve inlurnied' rand, but Kelly in's, w c had noj : *^ iri'^dft, while»|v> ita' ftibtis without leldhged to ttie I never hcsrcl TRIAL OF JOHN KELLV. 4ft folio'; :"* ''""" '''"' ""'' •"' '""'"• ^" "-'««' «'^ J<=Pofea aa ward IT^Ta " "■ ■""."'• "• "*""" "'"^^ '^''"''"" Thrcc-Sittcr. by Id. «A I. of oaoher laft, the prifoncr at the Bar w a, then on board of tliat vcffeJ to rcn,a.n there, but I would not let him , he fa.d he wa, go.ng to b« mar he got there, he m.^ht go on fhore if he l.ked. I brought h.m on board a„4 vent .n.o the c,biu. and whUc I was there he took the boat and went on "oat; he made me fomc anfwcr. upon which I knocked him A upon the wharf, and to.k the boat aw.y from hitn II 1 "1 J""!; .nd gotthe vcrre|-underwei,h..ani a. wo were roing ou f e Jr ft> to the Bay of Bull,. He faid it wa» no u^e he wo . vvork. and that he ■. , .,, „e,i„ed to go in the v"ffcl -1 ll l ^ ""' »o regain, and en, into the cabin. Ld to the iTo^ m/r '^'a^ Z !>« come up ,11 we got to the Bay of BuUs.-.We were bccaL. r J^ ' When Ialk.d hnn to afsi.t us. he refufed L7 " ^''' ""^ vefTe* all the time we were a the Clf ^^uf ^TT'" °" '"'' "''* "- n.orn.ng we failed from taf p' ac? v^: '"''1 ""' '"^'-' '^" ""''^ and leave to go on fliore bu?! tl h ? demanded the boat ™a«er un^il ^ wen" on o;rd;a ; ^ ^ordaT'^ ^ -« l.e faid he would not...,The '^o n g Ve T^i ;/:'' '' ""T"' '°" "'^*^' ""' and i:.;;, wanted mc -drop the othl^L:^':: r:'^;;;'''7'"« ^ Che cabm. ,„d wh.lc I waa ther« he took the fhip. ^ ! •-' "^"' """ d.d„otreturn....The„ightbeforewefa.led.X L^B r?"'' •"' fora,ed me that a king', fchooner wa. com.n^ ah f hi^ f ' •'°"'"'"- whether I,.,,, knew it or not before he quit.^Hhc Schoo:; " ' """" '^'^ Oa ^« cro/s examination thf witnefs/aid :— The reafoa of i»y ftriking /,>//, when he went o„ n, • Jecaus.hehad.ake„thefl>ip.!bo.tChenwower *^^^^^ J cannot fay Who it was that brought him onboard ,'!?,'"''•--- thatt.me;hecame on board forlHsthiogs...l..;:!7'!^ "" *«« aou......l wastlirefted by Jordan to prevent Ke'll'.LtT '" ""*'"' "^« He appeared to he much in fear of Jordan and ^f f ""« "^" ''^'''- >« day whUc I was on Ihore, but i never Z^ "'"' "^ be U in any.-.-i d© ^0 tRIAL OP JOHN KELLY, hot iMwthat itwM Keil/f fear of Jordan Uiat prevented him from making i difclofurc of what happened^ but I think he wiflied to difclofe it at the Bay ol Bulls, when he wanted to go on fliore, and 1 prevented him. Bfing examined by the Court, the vuitneftfaid ;— My reafon tot fuppofjog that Kelly wiflied to go on (hofe, at the Saf of Bulls, for the pnrpofe of making • dlfdofuite ii, bceaufe he put on his beft tlotlies, and (aid he had bnfineft on Ihore.l- 1 never heard Ktlly called by the name of Stairs, and never heard the name mentioned until the Cuttle boarded the fchooner — The firft information that I received of the fchooner'i hivins Veen run away with was from Mr. Simpfon, who boarded ui from the Cuttlt. The witnefs then withdrew. Thomas JV. Jeffery, Efquire, one of the Comminionen was fworrt and examined, and gave hit tcttimony from his feat on the bench as follows ;— I am the Colleftorof His Majeify sCuftoms for the Poet of Halifax. The fchooner Three Sittera is regiUcred in this Fort ; the Cerliticate of hei Regiflry is No. 6, dated 16ih January lB09i the rcgittered owners are Jonathan and John Tremain of this place, merchants ; — Solomon Jennings was the original maftcr }■-- the name of John Stairs, 0e«t»bnnisht tgainfi me. and of which I hope I ftaii be able to prove that I am cwiiely innocent. I am t native of Dtiblin in Ireland, and from my youth have fc llowed th« occupation of a feaman ; I came to thit country abor.t three years ago. and since that time have b een employed in the fervice of different pcrfoni in thia 'Town, fome of whom I intend, with the permifTion of thit Conrt, to call at -witnefles to prove that my conduct, ever since they became acquainted with mc, has never been other than it ought to Have been. I was Iftft funimer (hipped on board the fchooner Three-Sijters, of wbicli Jolin Stair* was then Matter, and my name entered on the (liip's articles as *^rat9 of the velfcl, and as such I received a proteflion from being impi^fled, * S, C . '.V. Archibald, ifquirr, was oaa of tb« Couotrl fgr Che iir!A»i^ ^t k TftlAL 0^ JOHN i^ELLY. n from making i lore it at the Bay Tl. e, at the Baf of ( put on hit beft fUy railed by tbe c Cuttle boarded :hooner't haviBS rrom the Cuttle. t wai fnrorit and IS fellou'i :— >f Halifax.— The te of hei ResUtrjr e Jonathan and wai the original iSth July latt— fince ftie wai fo A. Yos Sir. inft yon, if yo« e, biitat he can- tllency and Ho- llow*.'.— to give your at- ge*. which have e to prove that I ve f( 1 lowed the yeara ago, and t pcrfont in thia :onrt, to call aa icquainted With i(ters,ofwbicli iip'a article* as sing iniprefled, t priAwcf, St W I di^ not receive mcfc wage, than the oti.cr seamen of the Vessel. bo# did I consider myscifas possessing mo»e aiuhotitv on ho*iii U\^i, ibcy. About noon on the 13th day (if S«■plem^. . Uit, I was at the liolm of the •chooner, and Capt. Stairs* being with Fhrmas Ht-Rth in the cabin, asked me if I wiOied a drink of grog i I tliinkert nin anrf faid i did ; at iliat tmc Mrs. Jordan with her diiidren was fttiin^ <>n a c bl-., which had tjt-h cincd ort the after pan of thr qnarterd. -ir. m.dir the liilm , Edward J>rdit5 %\m Uand- ing OD the ftarboard fid<« of the quarter-dctk, n< ara b^d .-in;! bedUii-g l^clong- >ng to his wife, which had N'eii brought on d< th o be ^i. J, A> ih«: tiller o£ *he fihoonerthri-e Sifters pi<'j«isoverthcflc JisrJiHi.ntl.-wav. jnl. tto:r the ConftraAionof the velfel'i quartr dt-rk, •& ; .tiy hi?h hn^ u, x was oHi.jed to ftpop a great deal to receive ...e kI.I-, v.i.k:. C,-„ ,. ,,,,,, .',,, the„ i^^.' j, ing to me thro' thetkylipht, hoMins n die fame time th.' < nd of tm i.llef in my left hand, at the inftant I .e.t.ved the glafi, JovHanmel » mftol fwmhehmd me, ihro^ the tkv light irt.) the c.bin....Stii„he,l u, ;•„: ..cr,'.. eft degree by anadlfo terrifying, and fuj p^fing l.o r-Hoi iV.u.idcJ to" de- «roy «*, I ftarted and fellacrofs the tiller, m wl.ict , ,>ntion ( con .ni-d (of fometime, under the moft dreadful apprehenfi..n. „f lofi,,>i m> 1..6, loi .1..: firft ' objea I faw was Jordan armed with three or four ..iitolj.aml appearing deter- mined to deftroy all who Ihould oppofe him..~Bcnjamin Matthews w.s „, ar the main hatchway, and Heath had reached the deck, wher, Jorlan pointinr a piftol towards Heath, who was in a hne with Matthews, fired, ai.d hoth .f them felloD the deck.- As Stairs was coming up the Companion Jor ! n ^,u Tanced to the door, and while going, pointed a piftol, and ufed ihc oioft threatening and violent geftures towards me ; this added fo much to m- nt- •nidation that I loft all power of moving, and wa, almoft deprived of niy t.-n- for Captam Stairs, after ftruggling tome time with Jordan, got difcnga^e^i .ndpufcmgpartof the main hatch overhoard jumped after it; and Vher; moft folemnly declare that I did not hear Captain Stairs caUing me. while ho was ftruggling with Jordan, ro his alliftance, and I truft it will be proved that the ortly words he wa. heard to fay were. "'For God's fake fp.re •• mj^ lite, anl I will take veffel wherever you like." I was fo confounded a..d ftupified by this horrid trt«fa«ion. that I remained. *! '! T': •.'•'r"*'*.'" "" IT' ^''^*''^ "••* ' '^~" ^ 'he next viftim of Jordan s dtfpcrit.on. After Stairs was In the fea, fordan came aft to fire at him, 1 put the helm down and Jordan immediately loft fight vf him in the wake of the veffel.- Jonlan then prefented the piftol «t me and laid •• I'il blow your brains out with the reft."...i fci, on my knees and beggei my life of him, and he at length turned away and went to Matthews, who was not yet dead, and ftfuck him on the hack of the head with .h/hf,a»= hook handle, and threw him and Heath overboard, and afterwards wafted ^e blood from the deck.-.During this time 1 wM lamenting tbe iTanlaaion I had witnc&cd and exclaimed, « What IhaU I do," Jordto overheariT me uiR m ^ 6^ 'h TRIAL OP JOHN KELLV, The f,.e „i£, it w^^Sl;;:^:"'^ yvajco^peUcdtodo. •'I.ichcame oh idveral aiffernTv '^ "d grJSf threw me iiito fiu» ward.. « H-en asictrrc^S ." f '"'*^'"- '"'°"' '*° <*^y< ^""- • take «^y .rarjla ' d 'l "'?'' " '''"'''' ''' ''^'*' '''^"^ y i"c, anti that he di I not care Cor his own rife. ■ • > difCofe rhrj.Lf?«L:V:f" 'T •"-^"•'f^-fo-^'and.I wished to Chant ...ere aid I f Sa c ! '° '° '° '"^"^^ """■ "^« »»"' «>"« M"" -cideU to .h t . Jref d , ""^"'""^'^^^ •"^- — S" t"ftcurc Jordan ; Place Where Jew'^ftrJT, T^^' "^^''^ ^PP°""-"-'- ' A^ another dan's precautions weref„ch that the ■!«. "'' ''"""^'''"' J*^" 'e w„., i„ . V„; :^;:;„ :;;;;= *;;;■-• •'- » ...o .choo„„, driven oiftoJ.l^^ZjT'"' " ""'' ^' "^" unfo«u.«dy -« on a Sunday' and U.e P.^ "' '"I '"'" '"'"^'^ *" ^"'" ' ^•^'« » '^''''"^ Wing. u.e:te^:: tje V .'r;"dtr '°"' "" '^^ ^^''"^^'^"^ ^«^- ^"e Pilot, idererminedtola S' uleiav'tT'f '° ««"erirt Crewe or "Hhe Whole that had Palfed b t ?e:trln" ^M "'^^^^^^^ ^- d„l„« ro, rhe wa. arraid ™, ac^r;: n uT Jr^t^Tn^r d^ "^ arriv.l which was hourly expcfted. would a..i„ ' "^ "'"^"«''' »°'' J^'d'"'"'* I »hen. as it will be proved to the cour fore7ri%"* '"/"* ''"""'' '' Halifax with.he velTel. a,.foo„ as I Ju^^ ^ctl f . ''^ °' '""^ '"' '* ' and myfelf to navigate her .here ■ thTs nlanT "^' '" ""'" €'*^ «nd fl,e approved 'of .. On .ho ZZ\:Z2T "d "*"• *"*"" •«en to go to Halifax, and. not daring to confi e"hrw?or'h'r T'"' '"'^ 1 .old him that I mould fee off with the vcfltMno Ha.^ • I "'' '"'''''''' clidnotcom«the next day, in purfuLr . "''°''' J°''*'"' '^"e — -»-»"^:;;::;\r7::;rr;jr /f I TPIAL OF JO«Jf KELLV, 53 laft time. I fucco.d^ "g ^ 1 aoTT'"' I'" "" '^'^''""- ""' '° ^^ ^or the What arms .hey had • I told I i,„ TlT' '"'"^ '"' ^''^ ' ''« ^"^"-ed to fend after the effe racZn oL , "'""''' """" ""''''' "^ "^'"-"^ todctainher. I tte'. iled TZ^ ^^^^ <=■ ' tnen Hired a man to condii A me (o St rnh.,«c . j . •place we proceeded until we were met bv SnL ^T ' ''''"^* '"''""'^ on enquiring of mc if 1 h.d he,rd 0?,^ /. it ""^ ' ''"'^ "^ S''''^'^"* 1 vva, the mate of that v^^l and ;'''T^'-^''^^'^ Sifters. ., old thetn -onmywaytoSt.;rrirrotr::;-:;r;V'°^r •nformcd that a cutter had gone in purfuit of h 'r and a V c ' ' '"" ft-c w„ „,e. containing an account o^ the tra" f a ' . " '''" "" '"'" nd mind, than lam eonfcious of poVem .'".ItTrrT''' "'^'''^ n>y defence are. from their nature, incapJi; of proof my ime'nti '""' °' be inferred from circttmftances ..... .and I humhlv hope the Be "" ""'^ my innocence i« known, may affitt your Z.cZniZdHoJ'' T""^ a determination that (hall declare it. ""^'."^^ *"'' "°°'^"" '« forming The Prejid,„t then faid. •« How old are you J&//v * a v two years of age." ^ ■'^" ''^' ^"'' twenty* The Court wa. then adjourned until tl.e next day at ten o'clock. N 5^ TRIAL OF «)HN KELLY ruefday, Decembtr 12, 1809. the Court met purfuant to adjoumment, and being opened in the iifual maimer, the Prefulent informed tl.e i'ritoncr ihai the Court was ready to hear any witnefles he wiflicd to examine in his defence. The Counfel fnf tlie prifoner then proceeded to call Margarit Jordai;, wlio was fwoin by the Regiftrar, and being examined depofed at lollcwi :— I was on boaid tiie fchooner Three Sifters on her voyage from Gaipc to Halilax in the month of September laft j— 1 know tl.e pri(on*i at me J3ar, i.e alfo was on board.—The f:hn\ the veffel, and ri he oul, hit He (I'owei) would ihoot him. — In order to prp- vtn , Kelly fn.m go ufe on (hoic. Power wti^htd anchor, and went sway tor tlie iiay oi KaH», wi.eu- we arrived and k maintd two days, and took in WDOii .ind walv-r, which Power might h;;ve done at Trcp.iffey if he had chofcn.— Tlie liril df, thii we were in the B.y of Lulls Kelly thouglitto go on Oiore, bu. my liulband would not let him; afterwards, when ihe vclfcl was under wci^h ftantiing out of Ihe harbour, Kelly cut the rope of the boat, jumped into V M, J went on niore, fintc which I have not fccn liim until 1 iw.' him here. -' Whi'e Joidan was at St. John's, Kelly told me, i.' lie could depend on mc nor to t' II my liulband what he faid, he wou'.d carry the veffel to llaUfax:-. bu-. my h. stand's return prevented him. 1 did not fee a piftolin the hand* f^f K'ily, CKher when Jordan firlt fired, or at any time after; he had the helm 'i- . ,,/;anii, and a glafs of grog in the oiliCr, 1 had not any convcrfation with Kali imntdiatily after the firing took place. After the murder of Heath and Maitiiews, Kelly appeared very much trouWled, and turned very pale, and fci-m i! gr eaily in fear of Jordan. It was my opinion, -ai ihc tim^, lliat Kelly' ag.-at.on of mind wascaufcd by his fear oi Jordan. 1 do not know tharXV//v looK. «nj^ p..it in the trani'adlions of Jordan on board the fthooner, but to thi but ot my knowledge he did not. Kelly int-rmed me, while he was on board the fchoo'ner after we iett Trepaffcy, that he intended to dilciofe what had happened, when he llmuld confulcr himfelf ina place ol (alety. The counlcl for the prifontr here rloff d the examination of this Wiinefj and the counfel for the cro-^n not wifhirg to crol's examine her, (he was per- mitted to withdraw. John Cwtin was then called and fwom |)y the Hejhtrar, and being ex- amined, he d(. poftd as follows : 1 know the Frifoner at the Bar, yohn Ktlty, but I cannot ext€i\j tell how long it is finre I fiift became acquainted with him ; he boarded at my hoof* {"our different tiines when he came from feaj be was oncp at my houfeter. weeks : I thought him a vciy good boy, and that there could not be a beUer •we in his situation of ^ife. During the ten«^fB|u he was at my houfe, h« wasneverabfent at night, and always went^-ii(ft|;«.'Hriy, anti on Sundays he •^rcffed himfelf and went to church; I always took notice, that he was un- commonly indnftrious and fober, and Tert|g*|eafy when he could not gel **■ 66 TRIAL OF JOHN RELl.Yi ■ either u in,dr v'Im ;;/ '7;^^^ ^^^^^^ '-'-^^ 'o ,uar.el after dinne,'!.: i" ^ny fcffl, i., ", ' '" " y ""'^ ^°'"S "^°"^- W« ««ver interfered. » ui u IS more tlian a iwdvc monih. Ti e witnefs then wi.hdrcw. x^oifffi/owwbeing calk" .weivrrf.«. in eon.„Htting a p!"cy . ?'; ^ ""^"-"P"-" "■'"' E.^'^r, "flances of atrocity .carcelyfu,n-;r,.d in '^■". ""o^panied by circum- ''TheCouuhLeonn.C:C/ ;:;:;''^^''^'-- " poffibly afford you a le-^al exc.fc or m '""^ '""'^"'' '"'''^^ ""'^ " and it is wah ,e.. f : Iv J 1'''^' I '" ""*"' '" '"'' '^'^•^^^*" ^"-'^ " 1 1-avc l,e< „ obhgc.l to conau " '''' ''"'■''' '"' ^°*^">' = '« *hich or.":^S::;t;;:^:;:;;-'--the hadto.y ..,,„.,„,, - S;:::;: ::C;.::.;:;;;: tr ' "^ r ^'"- -^^ - - ^e.n con,.,.ed on an Impomb. d S"" ^ "^^"^ '"^ "^^^ '° "avc *^/J.....r; and he "atcd to the Co ui t t ;';: ""-" "-'-'"^ ^^''X «' ««« -l^ing. .b„..n,e, into C^Z^'Zf^r'T- '"^"^'^" ^°'<^ "- the reign of our Some g., Lm ^cic. "'^f ''■'•'"*'^ '" the//^,V/A year of *"e 'King. do,h fav. allege 1 .t '' ""1 ^'""'''^-">« oH ii- behalf of •that r**« Jf.//vdil nnSm.i M '''" .'^^'""'^'^''V P'«PO"nd as foUows.- mentioned thrond.nu tl,c"ch7r7.' . "'""S''"""!' 'hat no other day is l««»nt by the y«r «/,llSl l "" '" "'^'^ ''^ ='^^"'^'" ^hat year i. "/'''.^I'rf.^rer.ce mufi nec.Jfarily be made to th.t part ,y- K> ^O of the al to .etiic tiKrcfdrc of Sep ten tMrtrentl. tlie thiru huiidred : were to I) abfurd, an Mr. , ■where an future day charge. " It is be i,'oo(., w fads alle(l^( " It is POSSIBLE (I: judijed l.ia' "If A fault on B. a . this ii not HI ' to which th " Indiifi upon C. O. and lliere Or named bcfor "to the LAST, "If an that the Dde 30th CAR. '2. the 1ft of J A! ^ " An inf And is fuu itl theallcgatio;! ^Ihdidmcn't, t aS all t.ic mat beprecifdy a r^ This ob ly as follow "Ahhoi •\ judgment of I • njwn one gri. V- K V TRIAI. OF JOHN KELLY. 57 of the allegation, in which a certain year h meiuioncd, and it ^vill he found to cthcM'-tth year of the reign of Hi, prcfent Majetty ; that the prifoner h ' . rcfore charged with having committed the offence on th. thirterntb d.y oi September in the ffticth year of Ihs prefr.nt Majeftv's r«ign j and. a, the t*,rfee,nb day of September in the Jlftiith year of His Majefty's reign will be the thrte.mh day of September niiUc ycat of our Lord one thoufand eight liu:i(ireil and ten, it is a future and i.npomhle day ; and.thcrefore if a judgment were to he pronounced againtt the prifonerit would be upon a charge in iifclf abfurd, and which could not poifibly be tt-ue. Mr.Robie then cUcd the follouing cafes and authorities to flicw that where an indielment or information charged an offence to be committed on a future day. it is void j and that no j udgmeni can be legally given upon fuch \ charge . " It is laid dovvn as nn uiulouhlcd prlncli^c, that no Indiflmcnt whatfoeverean be uond, without pr.;cif(.-ly fliewing a certain- pay and year of the material fafls allfeiit lay I'.c offence oiian uncertain or im- FossiELE (lay, a» vthcre it Inya it on a future day, if is void. --^AIIo it hatli been ad- ju(li;ed tlia' ;io defett of this liind can be helped by the vcrdii'^.-.-O Kawk. P. C. ST? " If A. 1)6 indited thai on tlie first and second daj of May he made an af-' fault on B. and a certain cloKe helonging to B, then and there felonioiidv took &n _ this is not i»oo(l, hcaufe there arc feveraldays mentioned before, and it is uncertain ' to which the felonious taking (hall relate. —2. Hale, P. C. 173. " Indiiflinent againil A. B, tliat he at N. in the Counly albrcfalH made an afi'auli- upon C. D, of F. in the County afurefaid, and him with a certain (word, &c. then and there (iruci; and thrun,tliis Indidment is not good, bccaule there are two iTIacei named before, and if it refers to both, it is iinpofTihle, and if only to one, it mull refer -to the LAST, and then it is infensible.— 2. Hale P. C, 18(1, '« If an indictmcr.t at afcsslons holdcn the 13th of January LiOth Car. 2. find that the Defendant has been .ibfcjit from Church six months from the Ifi of JANUARY 30th car. 2, it is void for the impollibility, for there are but eleven days between the Iftof JANUARY and th(; holding of the feffions,— 2, Hal-; P, C. 229, "T "An information diners from an indieiment in little more than this, that the C»ne is fou id by ihp oathoi t«elve men, and the other U m*#&unri, but is only theallegatio.of M.eoiruer whonxhibitiU; whatfo«rerc«rUlnty is rcr,uiiitc in an ^Indictment, the fame at lean is necelTary alio iu an information, and cun'fcciucntlv, aJ all the material parts of the crime mull be precifelj found In the one, fo muft they btpreciWy alldgcd in the other."— -2. Hawk. P. C, 260. '"«, :^ This objecftion was anfsvered by the SQlUitor GemralrXni^iMmcti near. !y as follows : ■ ■ "Although not aware of this applic.Mion of the pii toner in arreft of the uidgtncntof the Co ut, I aiji inclined to mett it at the (hrcl)||||||(|. if »t were only •nj»n one gronnd, that it come* too la'.e.— Were it a f'.iblUntial clic i therefore make ||ie day impoflihle for " iAcertmm eft quod certumreddi pottjl." At all cvenu however, by \\\c forms of the Ciuj/law, the objedlion cannot be received at this late hour after the conridlion ef the prifoner; 1 would therefore recom- mend it I the unhappy man to feek the prefervation of hit life in the mercy of hfit King. In this year of Jubilee, when proclamations of pardon are ilfuecj in all directions,.— when the prifon gates arc call open throughout the king- dom, and univerfal joy is manifefted in Chriftian charity and forgivcnefs,— tl:is wretched man nwy^end a pardon of his crimes in the clemency of hit Sove- ^, reign. — Should M^.be fQftunaj,e enough to acquire it, let him return thanks to his God andlHf Xi*>f. fiwt he has been thus prcfcrvcd in the dayt of hi^ youih..—Ue is young and has time to repent and to amend. The lelTon he has n-ccived iu the c^duift and in th^i^i^ oi Edward Jordan, is d^x^f^ xviiai one. — H6w farlMTliat been inflrumenta!, by pafllvc if not. aiStivc guilt* in fa- vouring the views of that fhocking man has been determined by the folemn jtfdgment of tHtelf^and honourable Court. To the fame Court belongs t|^ r"We# of recsssa^oing for mrrcy ; — to their ban Js 1 agsin cemmit the csufig of the Crown and of the prifoner. His application in arrefi of the awful fen. tence of the lanNMli no doubt have its due confidcration with your Excel, fcncy and Honours. You are his judges and his jury : the duties of the lattCr " "Si ■^ dfficehav leAion n judgmen Aft« sf thti C( «'If *• cicnt V " ing pli " tions " gethei " confic «« -. *' clufi« '« been " for Ih " difch " tenet •♦ the I " tion, ••Aim M •' whii ♦• coni T dmdtb 'if' w ■f iltdity, apd te^ inn difcuflion I tion as in Aip> .r, «ftcr a mpft crimes laid to »n imtpeUiatc mce of iliei'.n- ntrcd'iCL .ipon ^ .p.ni, nhicliho for the arrrft of s in 01 lof'tii'B usiicro ir.li'v'ad iially in'rocivi"- >1«; clc-t ifio '3 c'f itmf ob;cd:ion :^inly a ru<'j in ion here taken retcrs to a yrar :nd that, by a egation,itniaY ^^ lid on tlif tbir- :,. eight hundred ore make |he -At all cvcnu be received at ;refore recoflgt- i in the mercy don are iffuc4 tout the king? rorgivcneft,— cy of his Stive- return thanks the days of hr^ c IclTon he hat . > a ip^ft aw&il /c guiU, in fa- by the folemn rt belongs t|)jC| IHizt the C£Ur5 he awful fcn- I your Ezcel- !;s of the latttr " ^1f *$m T(llA^bF JOHN KELLY. ■ _ dfficehavo lieen peifcrmed by the conviftion of the ptifoneir; Ihoold hlsoU :eA5on not avail bim, it will only remain for th« Court to psononhce the judgment of the liW." After fome conlultaUoiVon lUc bench, tht Frejident d«Uvcred the opinio^ sf tht Court in the foUotving words :— «• If tl.e objeaioB^, which hav been made by your Counfcl, have fulTv. •'ciciit weight to arreft the judgment in a Common law proceeding, youriiav- " ing pleaded to the faft is, bythe tkilitm, a waiver of all technical objec- •• lions to the articles of charge; but they will be reprifented to the King, to- ^ S,^ •• gether witli the recommendation for mercy, and will undoubtedly be fully •' confidcred." ir " yohn Kelly,— I l^^ve performed the office of informing you of the con*^ » clufion the Court has como to on the trial of your cafe, and you hav« not* " been able to oiler fufficient mati« to arreft that judgment the law appoints .. for the crimes of which you Hand convittcd : 1 have therefore now ^y to •• difcharge my duty, as Prefidcnt of this Court, of pronouncing the awful ferf* '« tencc ot the Uw, which is,— that you Joi« Kelly, be taken frotw hence to •• the place from whenc* you came, and from thence to the pUte of ^^*^^^- " tion, there to be hanged by the neck until you are dead ! and may God •• Almighty have mercy upon your foul." <;v' M The Court has, however, recommended you to your King for pardon, ' --j' " which recommendation will be rcptcfcnteu lo U»s Majefty for his graciou* " confideratidn." ' The prifonct was then remanded to the cuflody of the rrovoft MarlliaU, .^,^^ '»nil the Court adjourned /ifltf.~ ^'^' * »* »ea,„urrei„.„. d.K inuul for llm .,u ' , i^ ' ' '<' ''^ 'o»r,^a.ul i,. ,),« twenty J .o.ntc,l Coinn,:i, ,„hts i.,rtl,e ,„,r, nfen ".'r ''"'"« ''"= f"'>l"'ilutcd ' >'AMi.s, A.NUADbi-.:r,^. ,.. .. . 'y,l."_" =""' f""'"i'-""l you tofummon (hfr. nji* a,.l appear ,...r,onailvh,,?Coua^o"ir.r;^rr iillv 1*%, ..ll.'clavA. .l.i;,;:;.^U;V,"'.:V" "rr" Hom.-,.! HalUax.f , .,^^,^ lock iollici'urpiiniin •,n,uioins>afiocihr,,.;w;:-;,^:;:;;~-. .;-'•;- to a„ ac» o> iwi^^ kFFKCrVAL SUPPRESSION OF P. A V u^f;"' ^ '"• J^** "^^ ^CT , OR THE MORS Jocoi.niiutca Curl, to Le |,ol,| ac. orrli'n," , "i*"*«*" ■'"■« """ anU tl.cii. Trim ofall IW.I, |.r,fon or L'Z ^ ihl li °"'", ''V *»>**' cb.nu.il.o,,, ,or ,| e »umn,con.mi„.'cl a„y PlLv/V^ on ^ IVr t:'^^'^^ the f.„„e. vha;ged w f. Afl.n.ral or A.lmfral- lu.u, |.;«,,r aulhorrtv nr v! 'i'"'' "1'"" "^'^' '•'». « here tli« •iourr..,dccu,t,,o.ir Irufi.v and well .be"ovcd li. •"■ ^^J'''"" ""^ frt'Went -i*F^oST,BaroncUourLlcolrf^intGomnornmrr7 "^ "^'''A"' ^"^ G*««°« ^;uourfaid Province ot Nova-Sco^WiXt IL 'j^''''''''^" in.Chjdf in and over i«*f ?;•''"'«"''«''• in the vearofoiir Lordr3r,Kl,?''j'''.''f «''"". ""» thirteenth day of *SJ^ tl,c(ilticih>t-aiofour-Rei..n. ^ thouland cght hundred and nine, au|,V' ifc- ^- '^y •>'« ExccJlencyN Command ■' S. H.TjEoiiaE 'r .y t» The Reti;r.v, ar\n obcdicnic to the wilhiii Warrant I Pni- t , i;d^.ed. to give their al.cnd.-uice at the iL tnd !!lT°"*i' "" ""= >"=^''"'" therein' ■■' L»Mfdahis Hl^Kovcmbcr, 1S09. "° '""•= ^'"^ P'aco as I am commanded. J<)Hes Fa w son, f* ^ ' , Pfovoft Marfl,all» f«. 8. The Commissioner's Oath. ..* or their trial, before ^to.u^^tu^']:^''^' «""' ''^ l>rou>.h( " .mon .IPfty s commiitloa for the t.vinc, oV thern , Kv-^ • " ' °^ 1"^ P"*' P"' '"» «»- iuWKLP ME UOP. i hich any DCrfoiw flands acr.i'--'' j • '^ ^ 11U3 3CC1!m.., and is now SbiStat: 11 & 1^2 W. 3; H