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 1860 
 
 
 MAIN 
 
 
THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 GIFT OF 
 JANE K. SATHER 
 
THE 
 
 LIFE, TEIAL, 
 CONFESSION AND EXECUTION 
 
 OF 
 
 ALBERT W. HICKS, 
 
 THE PIRATE AND MURDERER, 
 
 EXECUTED ON BEDLOE'S ISLAND, 
 
 NEW YORK BAY, 
 
 On the 13th of July, 1860, 
 
 FOR THE MURDER OF CAPT. BURR, SMITH AND OLIVER WATTS, 
 ON BOARD THE OYSTER SLOOP E. A, JOHNSON. 
 
 CONTAINING THE HISTORY OP HIS LIFE ^WRITTEN BY HIMSELF) 
 FROM CHILDHOOD UP TO THE TIME OP HIS ARREST. 
 
 WITH A FULL ACCOUNT OF HIS PIRACIES, MURDERS, MUTINIES, 
 
 HIGH- WAY ROBBERIES, ETC., COMPRISING THE 
 
 PARTICULARS OF NEARLY 
 
 OISTE HUNDRED MUEDEE8! 
 
 TO WHICH IS ADDED 
 
 THE ACCOUNT OF HIS ARREST, IMPRISONMENT, TRIAL AND EXECUTION 
 
 ALSO, HIS PHRENOLOGICAL CHARACTER, 
 
 AS DESCRIBED BY L. N. FOWLER. 
 
 Office U. S. Marshal, I 
 Southern District of New York, f 
 I hereby certify that the within Confession of Albbkt W. Hicks waa made by him to me, and 
 that It is the only confession made by him. 
 
 LORENZO DE ANGELIS, Dep. U. & Marshal. 
 
 NEW YORK: 
 
 THE DE WITT PUBLISHING HOUSE, 
 
 No. 33 Rose Street. 
 
THE CONFESSION OF HICKS— LETTER FROM ONE OF THE 
 DEPUTY MARSHALS. 
 
 United States Marshal's Office, / 
 
 New York, Thursday, July 1*2, 1860. J 
 To the Editor of the New York Times : 
 
 As some misapprehension seems to exist in regard to my connection with 
 the publication of the confession of Hicks, to be executed to-morrow for 
 piracy, will you allow me to say a few words in explanation ? About a 
 month ago, Hicks expressed a desire to make a full confession of his crimes, 
 particularly of the facts in relation to the murders on the sloop E. A. John- 
 son, that the same might be published for the benefit of his wife and child, 
 for whom, despite of his cruel nature, he manifests a very warm affection, 
 and he earnestly solicited Marshal Rynders to hear his confession, and 
 superintend its publication. 
 
 Marshal Rynders, in compliance with this desire, selected me to attend to 
 the matter, inasmuch as during the whole time Hicks had been in the 
 custody of the United States authorities it had been my duty to attend 
 upon him. 
 
 The Confession was made directly to me and Mr. G. "W. Clackner, he 
 writing down the statement, as nearly as possible, word for word as it came 
 from the mouth of Hicks. After which, the Confession was prepared for 
 the press, and an arrangement made with Mr. R. M. DeWitt for its publica- 
 tion. Every cent of the money realized from the sale of the Confession 
 will be applied to the use of the widow and child, and the wretched 
 man will have the satisfaction of knowing that he does not leave them 
 entirely destitute and dependent upon the charity of the world. 
 
 Neither myself nor any officer or person in any way connected with the 
 Marshal's office has received or will receive the slightest compensation, 
 immediate or prospective, for their trouble and labor in procuring and pre 
 paring for publication the said Confession. 
 
 I have acted in the matter solely from sympathetic motives, and I think I 
 have the right to say, without boasting, that I have neglected nothing con- 
 sistent with my duty which might add to the comfort of the condemned, 
 furnishing him, at my own individual expense, such little luxuries as the 
 regular prison fare did not afford him, and paying out of my own pocket 
 the board of his wife and child during his incarceration. I only mention 
 these facts, to show that I have not been influenced by interested motives, 
 but that in attending to the publication of his Confession, which, as a dying 
 man, he asserts is in every particular true, I have only acted from feelings 
 of humanity and consideration for a fellow-being placed in his dreadful 
 situation. 
 
 He has expressed a wish to the Marshal that I shall be near him during 
 his last moments, a request which will be complied with, and I shall ask 
 him to acknowledge or deny with his latest breath the truth of what I 
 assert. Yours very truly, 
 
 Lorenzo De Angelis. 
 
 LOAN STACK 
 
 Entered according to Act of Congress, in the year I860, by 
 
 ROBERT M. DE WITT, 
 
 In im Cleik's Office of the District Court of the United States for the Southern District of Mew ToA. 
 
-mm 
 
 & 
 
 tC 
 
 THE TRIAL ^ 
 
 ALBERT W. HICKS, 
 
 FOR PIRACY 
 
 ON BOARD THE SLOOP 
 
 EDWIN A. JOHNSON. 
 
 UNITED STATES CIRCUIT COURT. 
 
 Before Hon. Judge Smalley. 
 
 HISTORY OF THE CASE. 
 
 On Thursday, March 16th, the sloop U E. A. Johnson," sailed from the foot 
 of SpriDg street, New York, for Deep Creek, Va., for a cargo of oysters. 
 
 The same sloop was ashore near Tottenville, S. I. on Friday, getting 
 scrubbed, and having some carpenter work done. There she laid till Sunday 
 morning, when she floated off, and proceeded down the Bay. 
 
 Again, she arrived in Gravesend Bay on Sunday afternoon, and remained 
 there waiting for a fair wind until Tuesday at sunset, w^en she set out to 
 sea, Captain Burr, a man by the name of Wm. Johnson, and two boys, named 
 Smith and Oliver Watts, being on board. 
 
 The next morning, Wednesday the 22d of March, the sloop was picked up 
 by the schooner u Telegraph" of New London, in the lower bay, between 
 the West Bank and the Romer Shoals. On being boarded, she was found to 
 have been abandoned, as also to bear the most unmistakable evidences of foul 
 play having taken place at some time, not remote. It was also evident that 
 a collision had taken place with some other vessel, as her bowsprit had been 
 carried away, and was then floating alongside, attached to her by the stays. 
 Upon further examination, her deck appeared to have been washed with 
 human blood, and her cabin bore dire marks of a desperate struggle for life, 
 
 J 
 
8 THE TRIAL AND CONFESSION OF 
 
 The Telegraph made fast to her, and started for the city, but was failing in 
 the effort (as both vessels were fast drifting ashore), when the towboat Ceres, 
 Captain Stevens, being in the neighborhood, took thera in tow, and brought 
 them both up to the city, when they were moored in the Fulton Market 
 slip. 
 
 The story of bloody traces was at once communicated to the Police Au- 
 thorities, and soon it spread throughout the city that a terrible massacre had 
 taken place. Speculation accused river pirates of the crime, but there was a 
 doubt on the public mind. Throughout Wednesday, the circumstances con- 
 nected with the case were canvaesed thoroughly, but no new light could be 
 obtained as to the mystery. The daily press served up the story to the pub- 
 lic on Thursday morning. Scarcely had the papers been issued when two 
 men, named John Burke and Andrew Kelly, residents of a low tenement 
 house, No. 129 Cedar street, called at second ward station house, and gave 
 such information as led the officers to the conclusion that one of the hands 
 who had sailed on board the sloop " Johnson " from the foot of Spring street, 
 was implicated in the mysterious transaction. They said that a man, named 
 Johnson, who had lived in the same house with them, had come home sud- 
 denly and unexpectedly the previous day, having with him an unusual 
 amount of money, which he said he had received as prize money for picking 
 up a sloop in the lower bay. They gave the man's description, told which 
 way he had gone with his wife and child. Immediately Officer Nevins and 
 Captain Smith started on their way toward Providence, to which city they 
 had reason to believe Johnson had gone. 
 
 Meantime, other facts came to light in connection with the mystery. The 
 ill-fated sloop had run into the schooner " John B. Mathew," Captain 
 Nickerson, early on Wednesday morning, at which time only one man was 
 seen on board, and this man was subsequently observed to lower the boat 
 from the stern, and leave the sloop. This collision took place just off Staten 
 Island, and was so severe as to render the " John B. Mathew " unfit for sea. 
 Hence, she returned to the city for repairs. 
 
 On the same afternoon that the officers started after Johnson, officers Bur- 
 dett and James, accompanied by our reporter, set out in search of the yawl 
 belonging to the sloop, which was said to be adrift off Staten Island. This 
 they succeeded in finding, and bringing to the city, after a tedious passage 
 on a rough sea with a cold wind. The boat contained two oars, a right boot, 
 a tiller, and part of an old broom. George Nedlinger, the hostler at Fort 
 Richmond, south of which the boat was found, said that shortly before six 
 o'clock the previous morning, he had seen a man land from the boat, whom 
 he described in such a manner as to show that Johnson might be the indi- 
 vidual. 
 
 It was next ascertained that a man answering the same description had 
 made himself conspicuous at the Vanderbilt landing, where he had indulged 
 freely in oysters, hot gins, and eggs. He was seen on the seven o'clock boat 
 coming up to New York, by a deck-hand, who had, by his own solicitation, 
 counted a portion of his money, which he carried in two small bags, like 
 
ALBERT W. HICKS, THE PIRATE. V 
 
 shot-bags. Here the matter rested for a short time, while the people were 
 waiting for news from the officers at Providence. It was during this intei* 
 val that our artist succeeded in procuring the sketches herewith presented. 
 
 Meantime the sloop lying at the Fulton Market Slip was attended, day 
 after day, by multitudes of the curious and the excited. The story of blood 
 was the topic of conversation, and the spirit of revenge found a limited re- 
 lief in verbal expressions of bitter desire for the punishment of the perpe- 
 trator, if he should be arrested. 
 
 Mr. Selah Howell, of Islip, L. I., part owner of the sloop, was on hand. 
 He suspected William Johnson, the man who took supper with Captain 
 Burr and himself in the cabin, on the evening before the sloop left the city. 
 The theory that the murder had been committed by one of the crew favored 
 this suspicion, and the idea floated from ear to ear until it became a settled 
 conclusion in every mind. Mr. Howell viewed the boat, and identified it as 
 belonging to the sloop. 
 
 The carman, who conveyed Johnson's baggage to the Fall River steam- 
 Doat, also described the man who had employed him, and the woman wh< 
 was with him. 
 
 During Friday, Captain Weed and Mr. Howell searched the cabin of the 
 sloop, and found in the captain's berth a clean linen coat and a clean shirt, 
 both neatly folded up, and each of them cut through the folds as if with a 
 sharp knife. The coat had a sharp, clean cut, about seven inches long, 
 through every fold ; the shirt had some shorter cuts in it. They ascertained 
 that an auger, which lay on. the cabin floor, had been used to bore two holes 
 immediately behind the stove, for the purpose of letting off the blood, which 
 constituted a little sea. Instead of running off, it collected in the run be- 
 neath, where it remains. In brief, the cabin, the deck, and the starboard 
 side of the vessel bore the most unmistakable evidences of a tremendous 
 crime having been committed on board, and committed with the utmost 
 regard to a previously arranged plan in the mind of the murderer, for three 
 persons had been dispatched, two on deck and one in the cabin. 
 
 Public excitement continued on the increase ; the public were waiting 
 with all anxiety for a report from the pursuing officers, when, on Friday 
 night, at a late hour, a dispatch was received from Providence, intimating 
 that the murderer had been tracked to a private house, where he had taken 
 lodgings, and would be arrested during the night. On Saturday, this news 
 having been ventilated, the public excitement became greatly intensified, 
 and it was anticipated that an effort would be made to lynch the prisoner on 
 his arrival in the city. Crowds repaired to the railway depot, at Twenty- 
 seventh street and Fourth avenue, also at Forty-second street, at the upper 
 end of the Harlem Railroad. At 5 o'clock, p.m., the train arrived, contain- 
 ing the officers and their prisoner. But the multitudes who waited and 
 looked for the prisoner were doomed to disappointment, for the officers had 
 prepared themselves before reaching the city for avoiding any attack from 
 infuriated mobs, by taking tbeir places in the first or baggage car, thus 
 avoiding suspicion. In this way they came down to the lower depot, and 
 
10 THE TRIAL AND CONFESSION OF 
 
 were transferred to an express wagon, and rolled down to the Second Ward 
 station house. 
 
 THE ARREST AND HOW IT WAS EFFECTED. 
 
 We give the account of the arrest in the words of Officer Nevins: 
 - Captain Smith and myself left the city on Thursday, in the twelve o'clock 
 train of the Long Shore Eailroad, for Stonington and Providence. The 
 same afternoon we arrived at Stonington, and went on board the Stonington 
 boat Commonwealth, to make inquiries for a sailor man, his wife, and child. 
 The boat arrived that morning about two o'clock, and of course our only 
 chance of getting trace of the murderer was from the officers of the boat. 
 We heard of several women and children, but they did not answer the 
 description ; so we waited until nine o'clock that night, when Mr. Howard, 
 the baggage-master, arrived in the Boston night train. He gave us informa- 
 tion of two or three different women who stopped on the route between 
 Stonington and Boston. The description of one man, woman, and child, 
 who stopped at Canton, Massachusetts, was so near, that on the arrival of 
 the boat from New York, at two o'clock on Friday morning, we left in the 
 train which carried forward her passengers. On arriving at Canton, how- 
 ever, we found that the woman was not the one we were in search of, so 
 we immediately returned to Providence, being satisfied that the murderer 
 could not have taken the Stonington route. In Providence we called upon 
 Mr. George Billings, detective officer, who, with several other officers, cheer- 
 fully rendered us every assistance. We drove around the city to all the 
 sailor boarding-houses, and to all the railroad depots, questioning baggage- 
 masters and every one likely to give us information, but could get no satis- 
 factory clew, so we concluded they had probably come by the Fall River 
 route, and Captain Smith went down to the steamboat Bradford Durfee, to 
 make inquiry there. The deck-hand remembered that on the previous morn- 
 ing a sailor and a little sore-eyed woman and child came up with them, and 
 asked him if he knew any quiet boarding-house, in a retired part of the city, 
 where he could go for a few weeks. He told him he did not, but referred 
 him to a hackman, who took him off to a distant part of the city. The hack- 
 man was soon found, and at once recollected the circumstances, and where 
 he had taken the party. It was then arranged, to guard against accidents, 
 that the hackman should go into the house, and inquire of the landlady if 
 tliis man was in, pretending that two of the three quarter dollars which he 
 had given him were counterfeit. He went there, and the landlady told him 
 that the man was not in, but would be in that night. Arrangements were 
 then made for a descent upon the house at two o'clock on Saturday morning. 
 At this hour I knocked at the door, and at first the landlady did not seem 
 inclined to let me in. I told her I was au officer who had arrested the hack- 
 man for passing counterfeit quarters, and as he had stated that he got them 
 from the sailor, I had come to satisfy myself of the truth of the story. She 
 opened the door, and we went up to this man's room, some seven or eight 
 
ALBERT W. HICKS, THE PIRATE. 11 
 
 of us, and found him in bed, apparently asleep. I woke him up, and he im- 
 mediately began to sweat — God, how he did sweat ! I charged him with 
 passing counterfeit money, because I did not want his wife to know what the 
 real charge was. We got his baggage together, and took him with it to the 
 watch-house. I searched him, and found in his pocket the silver watch, since 
 identified as Oapt. Burr's, also, his knife, pipe, and among the rest, two small 
 canvas bags, which have since been identified as those used by the captain 
 to carry his silver. In his pocket-book was $121, mostly in five and ten dol- 
 lar bills of the Farmers' and Citizens' Bank of Brooklyn. There was no gold 
 in his possession. I didn't take his wife's baggage, and I felt so bad for her 
 that I gave her $10 of the money. Poor woman ! as it was she cried bitterly, 
 but if she had known what her husband was really charged with, it would 
 have been awful. I took the $6 from the landlady that he had paid in ad- 
 vance, because I didn't know but the money might be identified. When we 
 got him to the watch-house, I told him to let me see his hands, for if he was a 
 counterfeiter, and not a sailor, as he represented, I could tell. He turned up 
 his palms, and said, " Those are sailor's hands." I said yes, and they are big 
 ones, too ; and then I told him I did not want him for counterfeiting, and he 
 replied, "I thought as much." So I up and told him what he was charged 
 with, and he declared upon his soul that he was innocent, and knew nothing 
 of the matter, and was never on the sloop. I don't think his wife knew any- 
 thing about it. Some time before he had picked up a yacht, and was to get 
 $300 salvage, and when he came home so flush with money he told his wife 
 he had got the prize money. I asked him if he would go on to New York 
 quietly with us, or stay in jail ten or fifteen days for a requisition. He said 
 he would go with us, and we started at 7 o'clock in the morning. He be- 
 haved so coolly and indifferently that I at one time almost concluded we had 
 mistaken our man. At the New London depot there was an immense crowd 
 of people waiting to see the prisoner, and, when we went through the crowd, 
 they cried out, "There's the murderer; lynch him — lynch him!" I told 
 him that I would shoot the first man who touched him. At every station 
 after that, as we came through there were large crowds curious to see the 
 prisoner. 
 
 THE IDENTIFICATION OF THE PRISONER. 
 
 Soon after the arrival of the prisoner, the man John Burke, with whom he 
 had lived in Cedar street, was confronted with the prisoner, whom he iden- 
 tified at once as William Johnson, the man who, with his wife and child, had 
 left No. 129 Cedar street on Wednesday afternoon, and went on the Fall 
 River boat. Mr. Simmons also stepped forward, and recognized the pri- 
 soner as one of the hands who sailed from this port with Captain Burr on 
 board the sloop E. A. Johnson. Upon being asked if he knew Captain Burr, 
 he said he did not, he never saw him, and never sailed in the vessel com- 
 manded by him. 
 
 On Sunday afternoon, an old man, named Charles La Coste, who keeps a 
 
12 THE TRIAL AND CONFESSION OF 
 
 eoffee and cake staii d near the East Broadway stage terminus at the South 
 Ferry, identified Johnson as the man who, on Wednesday morning last, at 
 about eight o'clock, stopped opposite to his stand, apparently looking to see 
 what he sold thereat, when he asked him if he wanted some coffee. He 
 afterward went into the booth and sat down, leaving what appeared to be 
 his clothes-bag outside against the railings. He had coffee and cakes which 
 amounted to the sum of six cents. When about to leave, he handed him a 
 ten-dollar gold piece in payment, when he asked him if he had no less 
 change. He said he had, and pulled from his pocket a handful of gold, sil 
 ver, and some cents, and, abstracting half a dime and a cent paid his bill. 
 About this time some boot-blacks came round, and wanted to black his 
 boots. He looked down at his feet, and said his boots were not worth the 
 trouble. He then asked if he could get a carriage, when La Coste told him 
 it was too early ; he ought to get into an East Broadway stage, and ride up 
 to French's Hotel, as he had asked for the whereabouts of a respectable 
 place to put up at. To this suggestion he demurred, when a newsboy came 
 up to him, took hold of his bag, and implored him for the privilege of con- 
 veying his bag to any given point of the metropolis. The boy took the bag 
 and followed the man. 
 
 At a later hour the prisoner was brought from his cell and taken into the 
 officers' room in the back part of the station house, where a promiscuous as- 
 semblage of men had gathered in. The prisoner took his place among them. 
 The boy, Win. Drum, was then brought into the room, and in a moment 
 rested his finger upon the man whose clothes-bag he had carried from La 
 Ooste's stand to the house No. 129 Cedar street, one morning last week, 
 about eight o'clock ; he did not recollect which morning. The man thus 
 pointed out was the prisoner. The same boy immediately afterward saw the 
 bag, and identified it as the one which he had carried from the South Ferry 
 to Cedar street. He asked Johnson fifty cents for the job, but, on his refu- 
 sal, he compromised, and took three shillings. 
 
 Abram Egbert was introduced in the same manner as the boy, and selected 
 Johnson as the man who spoke to him on the bridge of the Vanderbilt land- 
 ing, on Staten Island, last, Wednesday morning, between six and seven 
 o'clock. He was not certain, but he thought he was the man. 
 
 Augustus Gisler, the boy who sold Johnson the oyster stew, the eggs, and 
 the numerous hot gins, was also introduced in the same manner. He at 
 once pointed out Johnson, and said, " That is the man." 
 
 Another little boy, who had asked to black Johnson's boots, at the South 
 Ferry, was introduced. He looked carefully through the crowd, repeatedly 
 fastening his eyes upon Johnson. The boy at last stopped opposite Johnson 
 again ; the prisoner noticed this, made a contortion, and turned away his 
 face, when the boy said he could not see the man. The prisoner was then 
 taken back to his cell, and his baggage underwent an examination in one of 
 the rooms of the station house. 
 
 The first article identified was Capt. Burr's watch, which was found in 
 the prisoner's possession by the detectives who arrested him. This watch 
 
ALBERT W. HICKS, THE PIRATE. 
 
 IS 
 
 the prisoner said he had had in his possession for 3 years. It was handed to 
 Mr. Henry Seaman, an old friend of Captain Burr's, who after looking at it 
 for about t.alf a minute, pronounced it to be Captain Burr's watch ; but to 
 be certain, he would not open it until he had procured the necessary testi- 
 mony to prove it. After a short absence he returned with a slip of paper 
 from Mr. Seth P. Squire, watchmaker and jeweller, No. 182 Bowery, to 
 whom it appears he had taken it to be cleaned nearly a year ago, at the 
 request of Captain Burr. The following was the memorandum contained on 
 the slip : 
 
 Mr. Burr, 
 
 D B Silver Lever Watch, 
 
 J. Johnson, Liverpool, No. 21,310. 
 
 Cleaned April 5, 1859 , 
 
 by S. P. Squire, 
 
 The watch was then opened, and the name of the maker and the number 
 of the watch found to correspond exactly with the name and number on the 
 slip. By this means the watch was fully identified. Two small bags, which 
 Johnson said he had made himself, were also identified by Mr. Seaman, and 
 Mr. Simmons, of Barnes & Simmons, as having been the property of Captain 
 Burr. 
 
 Mr. Edward Watts, brother of Smith Watts, identified the daguerreotype 
 found in the pocket of a coat belonging to Oliver Watts, which was found in 
 Johnson's clothes-bag, after his arrest, as that of a young lady friend ef his 
 brother, living in Islip, L. I. 
 
 Captain Baker, engaged in the oyster business in the Spring street market, 
 recognized the prisoner as a man whom he had seen on board the sloop E. 
 A. Johnson. He was certain of the man, as he had frequently seen him. 
 
 Mr. Selah Howell, taking a position right in front of the prisoner, as he 
 stood in his cell, at once identified him as the man who took supper with 
 Captain Burr and himself, on board the sloop, the night before she sailed. 
 
 Mr. George Neidlinger, the hostler who saw the man leave the yawl-boat 
 on the Staten Island beach, just south of Fort Richmond, identified the 
 prisoner as that man. He also identified a glazed cap found in Hick's bag- 
 gage as the cap he had on that morning. 
 
 Mr. Michael Dunnan also identified Hicks as the man whom he had met 
 on the road between Fort Richmond and the Vanderbilt landing, last Wed- 
 nesday, about six o'clock. 
 
 HIS INTERVIEW WITH HIS WIFE. 
 
 The wife of Hicks arrived in this city from Providence, on Sunday morn- 
 ing, and in company with John Burk visited her husband at the station 
 
14 THE TRIAL AND CONFESSION OF 
 
 house. She stated that on Friday evening last she got a New York paper, 
 and seeing in it the story of the " sloop murder," proceeded to read it to her 
 husband in their room, but before finishing it he said he was sleepy and 
 wanted to go to bed, and she had better stop reading. 
 
 When taken down to the cell in which her husband was locked up, she 
 broke out upon him in the most vituperative language, charging him with 
 Deing a bloody villain. She held her child up in front of the cell door, and 
 exclaimed, u Look at your offspring, you rascal, and think what you have 
 brought on us. If I could get in rft you I would pull your bloody heart out." 
 The prisoner looked at her very coolly, and quietly replied, " Why, my dear 
 wife, I've done nothing — it will be all out in a day or two." The poor 
 woman was so overcome that she had to be taken away. She subsequently 
 returned to her old quarters, No. 129 Cedar street. 
 
 On Monday, the prisoner Hicks, alias Johnson, was transferred to the cus- 
 tody of the U. S. Marshal Kynders, and upon the filing of several affidavits, 
 he was committed for examination. 
 
 Such is a brief account of this horrible tragedy, than which nothing more 
 calculated to excite public wrath has occurred in the neighborhood of this 
 city for a number of years. That Hicks is the man who committed the 
 triple murder on board the sloop E. A. Johnson, no doubt is entertained, and 
 no one will regret his speedy satisfaction to the claims of public justice. 
 
 RUMORS IN RELATION TO HIS FAMILY. 
 
 We have been favored by a gentleman with the following account of the 
 family of Hicks : The father of the prisoner lives at Gloucester, a few miles 
 from Ohepatchet, Rhode Island. He used to be a collier in that neighbor- 
 hood, and had the reputation of being an honest man. About fourteen or 
 fifteen years ago he was employed by our informant. Simon Hicks, the 
 brother of Albert W. Hicks, alias William Johnson, was several years ago 
 sentenced to be executed for the murder of a man named Crossman, under 
 the following circumstances : Mr. Crossman lived in Gloucester. He was an 
 old bachelor, and lived alone. Simon Hicks and he were very friendly, and 
 Simon used to visit him very often. One night, however, Simon went to 
 Crossman's house, broke in at the door while the old man was in bed, and 
 beat him to death with a club. He then helped himself to several hundred 
 dollars of the old man's treasures, and in a few days left for Providence, a 
 distance of sixteen or eighteen miles from Gloucester, taking with him a 
 girl to whom he had been paying his addresses. In Providence he bought 
 her a gold watch, and various other articles of finery. This lavish conduct 
 caused suspicion, and he was arrested. He was examined in Ohepatchet, 
 and afterward acknowledged his guilt. He was subsequently tried in Pro- 
 vidence, convicted of murder, and sentenced to be executed. While await- 
 ing execution, one of the prisoners in the jail, whose time had almost ex- 
 pired, opened a number of the cells, and there was quite a stampede of 
 prisoners, among whom was Simon Hicks. They were all recaptured within 
 
ALBERT W. HICKS, THE PIRATE. 15 
 
 a few days, with the exception of Simon Hicks, who has never been heard 
 of since. This escape was deemed a very strange circumstance, inasmuch as 
 Simon was known to be imbecile and unwary. His simplicity created much 
 sympathy in his behalf. In referring to Simon, our New York prisoner 
 admitted that some strange stories had been told about him, but he guessed 
 they never amounted to much. The last he had heard of his brother was 
 that he had gone to California. 
 
 THE LAST LETTER OF CAPTAIN BURR TO HIS WIFE. 
 
 As everything connected with this mysterious and bloody affair must 
 prove to be of public interest, we republish an extract from the last let- 
 ter of Captain Burr, in which he speaks of William Johnson as a helms- 
 man, written to his wife from Coney Island, previous to the departure of 
 the E. A. Johnson on her ill-fated voyage : 
 
 "This man, William Johnson, who lives in New York, is & smart fel- 
 low. He went at the mast and scraped it while we were at Keyport, 
 without telling, while I was ashore. He is a good hand ; can turn his 
 hand to almost anything. He is a ship-carpenter, he says, and has got 
 quite a set of tools. He understands all about a boat, only is not a very 
 good helmsman to steer the sloop nice when beating to windward; he un- 
 derstands steering well enough other ways. It requires a man that has been 
 very much used to sailing a boat by the wind to steer fast. We often get 
 in company with vessels that are smart, when it requires a nice helmsman ; 
 then it requires my skill more. Smith is a good helmsman close by the 
 wind. I don't think Oliver is quite so good. I will write the first chance 
 after we get in Virginia. Should we have a chance, we are going to Pion- 
 katonk to see if we can get a load there. That is about five miles short of 
 the Rappahannock River. Selah knows where it is. I have nothing more 
 at present. Would like to see you very much. 
 
 "Your affectionate husband, ever, 
 
 "Geo. H. Burr." 
 
 THE PRELIMINARY EXAMINATION. 
 
 On his examination, the facts which have been related above were given 
 in evidence, upon which he was committed, and the Grand Jury found a 
 bill of indictment for robbery and piracy upon the high seas against him. 
 
 THE TRIAL. 
 
 The trial commenced on the 18th of May, and lasted five days, during 
 which time the prisoner maintained a show of cold indifference to the pro- 
 ceedings. 
 
 14 — First Day. 
 
 It being announced that this extraordinary and mysterious tragedy would 
 be brought to trial this morning, the court-room was densely crowded. 
 Judge Smalley said he was informed by the District Attorney, that there 
 were a large number of witnesses for the prosecution, and as the District 
 Court was larger than the Circuit room, the proceedings would be conducted 
 in the District Court room. 
 
16 THE TRIAL AND CONFESSION OF 
 
 There were several women in court who are to be examined as witnesses 
 
 The prisoner stands charged with having, on the 21st of March last, made 
 a violent assault on George H. Burr, on the high seas, on board the sloop 
 Edwin A. Johnson, and there feloniously and piratically carried away the 
 goods, effects, and personal property of the said George H. Burr, who was 
 master of that vessel. The property consisted of about $150 in gold and 
 silver coin, a watch and chain of the value of $26, a canvas bag, a coat, a 
 vest, one pair of pantaloons, and a felt hat. The second indictment is the 
 same as the first, but charges the felony to have been committed in the 
 lower bay. 
 
 The prisoner was also indicted by the Grand Jury for the murder of 
 George H. Burr, master of the Edwin A. Johnson, and two seamen (brothers) 
 named Oliver Watts and Smith Watts. As robbery on the high seas is 
 piracy, and punishable with death, the prisoner was placed on trial now for 
 the robbery only. 
 
 The prosecution was conducted by ex-Judge Eoosevelt, United States 
 District Attorney, and Messrs. Charles H. Hunt and James F. Dwight, Assis- 
 tant United States District Attorneys. Messrs. Graves and Sayles defended 
 the prisoner, who was unchanged in appearance, and exhibited the same 
 cocl demeanor which had marked his conduct throughout the whole case. 
 
 The following Jurors were empannelled, after some challenges, and some 
 being excused for having formed and expressed an opinion : 
 
 1. Bernard McElroy, 
 
 2. Owen Foley, 
 
 3. John Coulter, 
 
 4. Geo. W. Jackson, 
 
 5. Jas. C. Ehodes, 
 
 6. Isaac Jerome, 
 
 7. Andrew Brady, 
 
 8. Kobert W. Allen, 
 
 9. John Farrell, 
 
 10. James N. Fuller, 
 
 11. John McCalvey, 
 
 12. Benjamin Sherman. 
 
 The following gentlemen were rendered inelligible, having formed and 
 expressed an opinion in the matter: William A. Martin, Jos. J. B. Del- 
 vecchio, Dwight Johnson, Samuel Carson, Geo. Burbeck, John Latham, 
 Thomas M. Clarke, and John Green. 
 
 The following gentlemen were challenged peremptorily by the prisoner's 
 counsel : Kobert Goodenough, Geo. H. Nichols, A. B; Lawton, and Oscar 
 Johnson. Daniel F. Leveridge was challenged for favor. 
 
 Mr. Dwight proceeded to open the case for the government. 
 
 OPENING STATEMENT FOR THE GOVERNMENT. 
 
 Mr. Dwight said : You are empannelled, gentlemen of the jury, to try the 
 issue between the United States and the prisoner at the bar, charged with 
 robbery upon the high seas. Robbery committed upon the high seas, or in any 
 basin or bay within the admiralty maritime jurisdiction of the United States, 
 is declared by the act of Congress passed in 1820 to be piracy, and punish- 
 able with death. The indictment against the prisoner charges him in the 
 first count with having on the 21st of March last, on the sloop Edwin A. 
 Johnson, committed the crime of robbery upon George H. Burr, master and 
 commander of that vessel, and with having feloniously and violently taken 
 from him a watch, a large sum of money, and some wearing apparel. Rob- 
 bery is the felonious and forcible taking the property of another from his 
 person or in his presence against his will, by violence or by putting him in 
 fear. It is larceny accompanied by violence. The punishment, as you will 
 perceive, for the offence committed upon the high seas, is different from its 
 punishment when committed upon land. It is to protect more effectually 
 and punish more thoroughly offences occurring upon vessels upon the high 
 seas, where the protection for person and property is not so great as it can 
 
ALBERT W. HICKS, THE PIRATE. 17 
 
 be on land, where individuals are so much surrounded by the police regula* 
 tions to protect them and their property. In this case, the prosecution will 
 show to you, gentlemen, that on the morning of Wednesday, the 21st of 
 March last, there was found floating in the Lower Bay of New York a de- 
 serted vessel. Her strange appearance attracted the attention of several 
 vessels in that vicinity — among others the steam tug Ceres, which bore down 
 to her, and the captain of which boarded this vessel. On reaching the deck 
 there was presented a most unexpected and fearful sight. A state of great 
 confusion appeared. The bowsprit of the vessel was broken off, and its 
 rigging was trailing in the water. The sails were down, and the boom of the 
 vessel, which had been set, was over the side of the vessel. There was no 
 human being found on the vessel, and no light. Forward of the mast ap- 
 peared a large pool of blood, which had run down to some cordage and sticks 
 at the back of the mast, and also down the side of the vessel into the sea. 
 This was just aft the forecastle hatch, on which, or near which was found 
 some hair — a lock of hair. Amidships, and totally disconnected with this 
 appearance of blood on the foredeck, there was another large patch of blood, 
 showing signs as if a body had lain there ; this also ran down the side of the 
 vessel. Still further aft, just back of the small companionway, they found 
 traces of blood again, also disconnected with that in the middle or forepart 
 of the ship. Aft there appeared signs of a bloody body having been dragged 
 from the entrance to the cabin. There was blood upon the rail and over 
 the side, and it seemed as if an endeavor had been made to wash it off. On 
 descending into the cabin, a state of still greater confusion appeared there. 
 The few articles of furniture were disarranged. The companion-way steps 
 were pulled down, and some of the sails which lay on the companion-way 
 were pulled out. The floor was wet and bloody, and bore signs of having 
 been covered in its entire extent with blood, which had beeu washed off 
 with water, probably brought in the pail which was found there. Upon the 
 handle of the pail there was found some hairs, where the hand would natu- 
 rally hold it. These hairs were of a different color to those found in the 
 other parts of the vessel. 
 
 The appearance on the floor and the disposition of the articles lying in the 
 cabin, together with the two auger holes found bored in the lower part of 
 the cabin, where the floor slanted down, showed that an endeavor had been 
 made in washing the floor of the cabin to let the water run down. The 
 auger with which these holes were bored was found there, and also some 
 little chips which had been bored out of the floor. It seemed as if the 
 attempt had been given up in the cabin, and the vessel had been abandoned 
 afterwards. There were a small stove in the cabin and a pile of wood under 
 which the blood had run. On the wood was lying a coffee-pot or a tea-pot 
 with fresh tea leaves in it. The side of the tea-pot was indented and covered 
 with human 1 1 air, which was likewise black like that found on the pail. 
 There was nothing further than this to direct suspicion, and the vessel was 
 taken in tow by the Ceres and brought up on the morning of Wednesday, 
 the 21st of March, to the slip at the foot of Fulton Market. On the affair 
 being noised about the town, the sloop was visited by a large number of 
 persons; among others by persons acquainted with the vessel and those be- 
 longing upon her. It was found that this was the sloop E. A. Johnson, 
 owned at Islip, Long Island — a vessel belonging in this district, and com- 
 manded by George H. Burr, who was also part owner. The sloop had been 
 engaged in the oyster trade in Virginia, and had recently come in, and had 
 on the 13th of March, a week previous, cleared from here to go to Virginia 
 for another cargo of oysters. The crew consisted, when she cleared from 
 here, on the 15th of March, of Geo. H. Burr, master, two sailors — Oliver 
 Watts and Smith Watts — young men, brothers, residing at Islip, and the 
 defendant, who, under the name of William Johnson, had shipped as first 
 
16 THE TRIAL AND CONFESSION OF 
 
 mate. During the day a great number of persons visited the vessel, and the. 
 daily press of the afternoon and the following morning scattered broadcast 
 all over the city and its vicinity information concerning this affair. The 
 attention of the public finally addressed to this fact was the cause of develop- 
 ing many slight circumstances, which gradually formed themselves into a 
 chain of circumstantial proof directing the attention of tho officers of justice 
 to the offender, and resulting in the arrest of this prisoner. It was found 
 that on Thursday, the 15th of March, the vessel sailed from here, being 
 chartered by one Daniel Simmons, an oyster merchant of this place, living 
 at Keyport, and one Edward Barnes, living at Keyport, to go to Virginia for 
 a cargo of oysters ; that it went out for a cargo as I have described, and that 
 the captain had a large quantity of money in his possession to purchase 
 oysters. The vessel went that week to Keyport, lay there some some time, 
 and in the last part of the week ran to Coney Island, and lay in Gravesend 
 bay, waiting for a favorable tide and wind till Tuesday afternoon. During 
 the Sunday, Monday, and Tuesday that the vessel lay there, the captain, 
 crew, and others went on shore at different times, and one of the Watts boys 
 had gone to Brooklyn on Monday or Tuesday, and returned on Tuesday, and 
 on his return the vessel immediately proceeded to sea. The vessel had 
 waited with its sails up, if I remember correctly, for the arrival of young 
 "Watts. He was taken off the beach in a yawl-boat which was on board the 
 vessel, and then she proceeded on her Virginia voyage. It was watched by 
 persons who belonged to Coney Island, and also by two vessels lying at 
 anchor at the same time, some distance from Coney Island. This was the 
 close of the day — Tuesday* about six or seven o'clock, if I remember rightly. 
 From that time until the next morning only one thing is known of that 
 vessel, and that by a connection of peculiar circumstances. 
 
 What was done upon that vessel during the night no mortal man save the 
 prisoner knows. Oliver Watts and Smith Watts have never since that been 
 seen in life. What became of them we can only judge by those circumstances 
 which are thrown around by the appearance of the vessel and by the conduct 
 of the prisoner, and other circumstances connected with him. Whether 
 their bodies be in the sands of the lower bay, or floated out to sea, and are 
 tossed by the waves there, we do not know. The prisoner fails to give an 
 account of them, and we can only suppose that they were murdered by him 
 and thrown into the sea. Next morning, Wednesday, the 21st, the prisoner 
 appeared upon Staten Island, with the yawl-boat of this sloop. Except, as I 
 say, by implication, nothing is known in the meantime. The circumstances 
 to which I refer are these : The schooner J. R. Mather, Captain Nickerson, 
 was going from this city to Philadelphia, clearing from here March 20, and 
 running down the bay. Some time during the night, between twelve and 
 two o'clock, the vessel, then being down off Coney Island, had a collision 
 with a vessel coming in. It appeared that the vessel going out saw this 
 sloop coming in, and on going within three or four hundred feet, the course 
 of that other vessel was changed, and she run down directly to this schooner, 
 as if to run across its bow. That seemed to fail, and the course of that ves- 
 sel was again changed ; but instead of running across the bow of the schooner 
 Mather, it seemed to fail, and struck the bow itself, cutting it down within 
 Bix or eight inches of the water's edge, and rendering the schooner incapable 
 of proceeding to sea, and it returned for repairs. There was the finger of 
 Providence again in that. On coming into this port the captain of the 
 schooner J. R. Mather found that the sloop E. A. Johnson had come in, and 
 by a comparison of the rigging of her bowsprit, found on the bow of his boat, 
 with the rigging of the E. A. Johnson, that that was the vessel which caused 
 the collision. Further than this, nothing is known of that night. There 
 was no cry from the deck of the E. A. Johnson when it encountered the 
 schooner; there was no hail, no attempt to disentangle themselves, and 
 
ALBERT W. HICKS, THE PIRATE. 19 
 
 nothing was known of what was going on upon the deck of that vessel — ■ 
 whether there was a himan being on it or not. The captain of the sloop 
 saw a dark form aft, but could not say whether it was one man or two men. 
 He knew that some person must have been on board, from the fact of her 
 changing her course as I have described. On the morning of Wednesday, 
 the 21st of March, about six o'clock, the prisoner came on shore at Staten 
 Island, a little below Fort Richmond, which is in the Narrows, opposite Fort 
 Hamilton. He was seen very soon afterward, coming on shore, by a Mr. 
 Neildinger, whom he addressed, inquiring if his boat would be safe, designat- 
 ing where he had left her, to which Neildinger replied it would be all rijrht, 
 and the prisoner drew it upon shore, where it would be a little safer. The 
 prisoner had with him a large canvas bag, which he carried upon his 
 shoulders. After leaving Neildinger, he passed up Staten Island, encounter- 
 ing one or more persons, whom he addressed, and came to Vanderbilt's 
 landing, arriving there shortly before seven o'clock. He there inquired of 
 the boat tender where he could procure some breakfast, and was directed to 
 a shop, where he ate breakfast, and in payment offered to the boy who 
 served him a $10 piece, which the boy could not and did not change, and he 
 afterward gave him some silver. Afterward, in conversation with Mr. 
 Egbert, in charge of the station there, he said he was a seafaring man ; that 
 he had been on the vessel William Tell in the lower bay ; had had a collision 
 with another vessel; that the captain had been killed against the mast, 
 another person had been knocked overboard, and he had merely time to 
 escape from the vessel with the money. He is described by that witness as 
 being excited. He took the ferry-boat Southfield, left there at seven o'clock, 
 and came up to the city. On the way up he entered into conversation with 
 Francis McCaffrey, a deck hand. He produced before him a bag of money, 
 and asked him to count it. It was a canvas bag, and contained $30 in 
 silver, and a large quantity of gold. McCaffrey counted it, and the prisoner 
 took possession of it again, and during the passage up had some more general 
 conversation with him. 
 
 On the arrival of the Southfield at the Battery, between seven and eight 
 o'clock, the prisoner took some refreshment — a cup of coffee, I think, and 
 then hired a small boy to take his bag — a small canvas bag — filled with 
 clothing and other articles, up to his house; it was taken up to his house in 
 Cedar street, and left there. The prisoner lived at 129 Cedar street, with 
 his wife; the other occupants of the house were Mr. and Mrs. Burke. They 
 had various conversations with him during the day. During the morning 
 the prisoner went out, and at the shop of Mr. James, on South street, ex- 
 changed the most of the money which he had (about $150), part gold and 
 part silver, and received in exchange bills on the Farmers' and Citizens' Bank 
 of Williamsburg. He made the remark to Mr. James at the time, that he 
 came honestly by the money. Through the day he packed up his clothing, 
 and in the afternoon, with his wife and child, took the Fall River boat, run- 
 ning from here up the Sound, and went up to Fall River, telling the carman 
 who took his baggage, if any inquiries were made for him, to throw the in- 
 quirers off the scent. From Fall River he went to Providence. The whole 
 or most of these facts coming to the knowledge of the officers of justice, two 
 persons followed on his track, and very soon traced him from Fall River to 
 Providence, and after some search were enabled to find him there. He was 
 arrested on Friday night, the 22d or 23d March. They traced him to a 
 small house in the outskirts of the city, and at one o'clock midnight obtained 
 an entrance into the house, where they found him in a back room in bed. 
 The windows and doors of the house were closed, and the defendant was 
 found concealed under the clothes of the bed, with his head covered up. 
 The officers withdrew the clothes, and found the defendant there in a pro- 
 fuse perspiration and feigning sleep. He was awakened, or pretended to be 
 
20 THE TRIAL AND CONFESSION OP 
 
 awakened, by the officers. They said that they wanted to see him on a 
 charge of passing counterfeit money on the hackman who had brought him 
 to the house; he arose, and was asked to point out his baggage. He de- 
 cribed two trunks, which they took with them. There were found on him 
 a watch and a quantity of money — among the rest, about $120 in bills on the 
 Farmers' and Citizens' Bank of Williamsburg, corresponding with those ex- 
 changed for him by Mr. James of this city. The clothes were returned to 
 this city, and next morning the prisoner was brought here and lodged in the 
 Second District station-house. On his arrival, he was told that the charge 
 of counterfeit money was a mere feint, and that that was not the real charge 
 against him; to which he very coolly replied that u he supposed so," or 
 something to that effect. To Mr. George Kevins and Mr. Elias Smith, the 
 persons who pursued and discovered him, he said "he had no knowledge 
 whatever of the sloop E. A. Johnson ; had never known her or Captain 
 Burr, and had not been on Staten Island for many months. These state- 
 ments he has maintained to the present time, constantly refusing to give any 
 account of himself in connection with this vessel, or of anything which trans 
 pired on board of her after she left her anchor in Gravesend bay. That 
 denial, contrary to the truth, that he had ever known Captain Burr, or ever 
 been on the vessel E. A. Johnson, or had been on Staten Island when he 
 was charged with being there, shows a full consciousness of the fatal effects 
 of any evidence tending to establish that fact if uncontradicted, and in that 
 contradiction he persisted. On being brought to this city, he was con- 
 fronted with various persons that he had known before; with the man who 
 carried his baggage ; with the deck hand of the Southfield. and with various 
 persons who saw him on the sloop Johnson ; the watch found upon him was, 
 through the hand of Providence, identified as the watch of Captain Burr, 
 worn by him on the day of his leaving this port. That watch the prisoner 
 stated he had had in his possession for a long time ; that he bought it from 
 his brother, and paid a certain sum of money for it ; and as to the other 
 articles, he claimed that they were his, and gave various accounts concerning 
 them. 
 
 On the Monday following his being brought here he was examined before 
 a United States magistrate, was indicted, and is now brought before you for 
 the offence of robbery on the high seas. I have thus briefly gone over the 
 various circumstances of this case as they will be produced to you by the 
 evidence. I deemed it necessary to state to you the line of evidence that is 
 intended to be pursued by the prosecution, that you may understand the 
 bearing of each portion of the testimony toward the rest. You will perceive 
 in this case one peculiarity. A great number of witnesses will be examined 
 for the government, and among these witnesses there is a very slight connec- 
 tion, either with each other or with the individual himself — particularly with 
 each other. Various witnesses will be produced before you from Islip, 
 Gravesend, Staten Island, New York, and Brooklyn, who are unacquainted 
 with each other, who each come up to add their little fibre to this strong cord 
 of proof which is thrown round this defendant. Each little item of evidence 
 is of no particular strength, of no decision in itself, but only forming a strong 
 chain, a perfect chain, as claimed by the government, fixing without question 
 and without doubt the guilt of this offence upon the prisoner. Your atten- 
 tion, gentlemen, is invited to this carefully and scrutinizingly, which scrutiny, 
 I feel convinced, you will give to it. It is a question of great interest — it 
 involves the punishment of a terrible crime. If this prisoner is the true 
 offender, the result may be very serious to* him. It involves a vindication of 
 the law and the punishment of a crime which he thought he had covered up; 
 for there is very little doubt lie thought he had sunk the vessel by the colli- 
 sion in the Lower Bay; and I think you will say, as I have, in looking over 
 the evidence, that the hand ©f Providence, in marking the track this mau 
 
ALBERT W. HICKS, THE PIRATE. 21 
 
 was to pursue, has placed upon that track the eyes of those who would come 
 up afterward to identify hiua. It seems strange in this centre of swarming 
 thousands, at such a time of the day as this prisoner escaped from that sloop, 
 he could not have hidden himself. It seems as though there was but one eye 
 to watch, and one instinct to follow and observe him. From the very time 
 that he landed on Staten Island until he went to Providence, his whereabouts 
 was known all the time. I cannot explain either to you or to myself what it 
 was that caused him to be watched ; that he was watched and observed will 
 be shown. From the very commencement of his being seen on the E. A. John- 
 son till he was brought here, everything is known concerning him, save the 
 twelve hours intervening from his sailing from Coney Island till the next 
 morning. He has been called upon to give an account of the property of the 
 Wattses and Captain Burr — but he claims it as his own. He has been oalled 
 upon to give an account of those men with whom he was, and who are no 
 doubt already dead ; but he utterly disclaims any knowledge of them or of 
 the vessel upon which they were. That, gentlemen, you will judge of on 
 this trial. You will say whether he is guilty of the triple crime, the double, 
 bloody, damning crime that occurred on the deck of that vessel ; and if so, 
 as jurors and citizens, whatever may be the result to him, and whatever the 
 punishment, I have no doubt but that your verdict will be in accordance with 
 the law and the facts. 
 
 THE EVIDENCE. 
 
 Selah Cowell was the first witness called, and being examined by Mr. 
 Dwight, deposed : I reside at Islip, Long Island ; I know the sloop E. A. 
 Johnson ; I built her myself; I am an American citizen ; I owned one half 
 of her, and Captain George H. Burr owned the other half; he was an Amer- 
 ican citizen ; I saw the prisoner at the bar on board the sloop E. A. John- 
 son, on the Wednesday evening before she left ; she was at the Spring street 
 dock ; she had been lying there a week ; she cleared on Thursday, 15th ; 
 Captain Burr told me he was going to Deep Creek, Virginia, for oysters; 
 the crew consisted of Captain Burr, Oliver Watts, and Smith Watts, and the 
 prisoner; Captain Burr told me he shipped the prisoner as mate; Captain 
 Burr was about thirty -nine years of age, Olher Watts was about twenty- 
 four, and Smith Watts about nineteen; I knew Captain Burr for a long time; 
 the color of his hair was dark ; Oliver Watts had very light hair, and Smith 
 Watts had dark-brown hair; I don't know the handwriting of the boys 
 (Watts); I have seen considerable of Captain Burr's writing; I saw the E. 
 A. Johnson at the Battery when she was brought in by the harbor police; I 
 saw the yawl boat of the Johnson with the harbor police; she had that yawl 
 boat before she left ; I took the Johnson to Islip ; on examining the Johnson 
 I found a valise — a square, black, canvas valise — and some clothes; I brought 
 them here (identifies the valise) ; found the things now in it, and a knife in 
 it; saw the prisoner in the sloop the night before she sailed; saw him next 
 in court before the Commissioner. 
 
 Mr. Dwight to the Court — The examination before the Commissioner took 
 place on the 28th and 29th of March. 
 
 Cross-examined ly Mr. Graves — I had no conversation with the prisoner 
 when I saw him on board the sloop on the Wednesday ; I never saw Captain 
 Burr since; Oliver Watts was a large man; he would weigh about 170 
 pounds; Smith Watts would weigh, perhaps, 180 pounds; he was very large 
 for his age ; Captain Burr was a small man ; probably did not weigh more 
 than 125 or 130 pounds ; it was after the examination before the Commis- 
 sioner—some four or five .days — that I found the valise on board ; I gave it 
 to Henry Seaman; I took the sloop over to Hoboken, lay there a ccuple of 
 
22 THE TRIAL AND CONFESSION OP 
 
 days, and then took her to Islip; the "Watts boys were on board the sloop 
 the "Wednesday evening before she sailed. 
 
 Be-direct. — I have seen Captain Burr write ; I had business transactions 
 with him for the last nine years ; when the defendant was on board on Wed- 
 nesday evening he was dressed with a blue shirt and overalls, like those I 
 found in the vessel; I was on board about half an hour; I took supper 
 there ; the prisoner was at supper also ; he 6at at the table with us (ship- 
 ping articles produced) ; I recognize the names, etc., here, to be in Captain 
 Burr's handwriting. 
 
 John A. Boyle deposed — I am enrollment and license clerk in the Custom 
 House (produces a book) ; the E. A. Johnson was enrolled on 3d of Decem- 
 ber, 1858, as an American vessel (objected to by prisoner's counsel ; admitted ; 
 exception taken.) 
 
 Daniel Simmons deposed — I reside at Key port, ISTew Jersey ; I am in the 
 oyster business ; I know the sloop Edwin A. Johnson ; I had her chartered 
 last spring from this port to Virginia for oysters; the last time I chartered 
 her was on the 14th of March ; I knew Capt. Burr for two years ; I sailed 
 once with him ; I think she left here last on Thursday morning the 15th of 
 March ; I settled with Capt. Burr for his charter on Wednesday afternoon^ 
 14th March; I gave him $200 in silver coin, quarters, halves, and ten and 
 five cent pieces ; I gave him other money. 
 
 Mr. Graves objected to any proof of the payment of coin to the captain^ 
 on the ground that the indictment did not warrant the allegation. 
 
 The Court was of opinion that the objection was not well founded, and 
 overruled it. 
 
 Examination continued. — I paid him the balance of his charter money in 
 gold; two tens, two fives, a two and a half, one dollar in gold and a half 
 dollar ; I gave it to him in a shot bag; it belonged to Capt. Burr, but I had it 
 in my safe, with the money in it, for some days before ; I did not know 
 where the captain used to keep his money ; there was a secret drawer in the 
 sloop where I kept money when I sailed with him ; I do not know that 
 Capt. Burr ever kept his money there ; I have seen that bag since, when it 
 was taken out of the prisoner's pocket at the Second precinct station-house; 
 I saw it taken out of his pocket ; there was nothing in the bag then ; there 
 were two bags — I only knew one of them ; I saw the prisoner on board the 
 sloop Edwin A. Johnson on the Wednesday before she sailed, at the foot of 
 Spring street — (bag produced) ; to the best of my knowledge, this is the 
 same bag that I gave the captain the two hundred dollars in ; 1 saw the pri- 
 soner on board in the forenoon of Wednesday, and again in the evening ; I 
 think he had a monkey jacket on ; I saw the prisoner again, I think, at Key- 
 port, on board the sloop ; I was about thirty yards from him ; it was between 
 daylight and dark ; I could not swear positively to him being on board at 
 Keyport; the next time I saw the prisoner was at the Second precinct 
 station-house, when he was brought back from Providence; it was on a 
 Saturday ; I had some conversation with him ; I asked him if he had ever 
 seen me before ; he said he had not ; this was in the back room of 
 the station-house; Captain Weed asked him if he knew me, and he said he 
 did not ; I told him I saw him on board the Edwin A. Johnson, at Spring street 
 dock ; he said he never was there, and did not know there was such a vessel ; 
 I asked him if he knew Capt. Burr ; he said he did not ; that he never saw 
 him and never was on board the vessel ; when I saw the prisoner on board 
 the sloop his whiskers were red and full ; when I saw him after, his whiskers 
 were darker. 
 
 Cross-examined. — When I hailed the vessel at Keyport, I asked them where 
 the captain was ; and I think the prisoner is the man that answered me, but 
 I am not certain ; I had no conversation with the prisoner on board the sloop 
 *t Spring street ; the first time I spoke to him was at the station-house; Cap 
 
ALBERT W. HICKS, THE PIRATE. 23 
 
 tain Weed asked me if I knew him, and I said I did ; I identify the bag by 
 the strings ; I have no other marks to identify it ; the bag was pretty nearly 
 full ; there was no hole in the bag I gave Captain Burr ; there is a hole in 
 this one produced. 
 
 David S. Baldwin deposed — I live at Islip ; I know the prisoner ; I saw 
 him on board the sloop on the 13th March ; he was helping to get out oys- 
 ters; Captain Burr was not on board ; the prisoner told me that he was going 
 to Virginia with Captain Burr for a load of oysters; he told me that night, 
 that if I wanted to go up town he would stay on board and mind the vessel ; 
 I was cook; this valise I saw before ; the prisoner handed it to me when he 
 came on board on the 13th ; the prisoner did not stay on board that night 
 (examines the contents of the valise) ; I saw this knife before with the 
 prisoner, on board; he took it out to cut a piece of string ; I know it by this 
 piece of the handle being rough, and the rivet being bright ; at that time the 
 prisoner wore his whiskers as he does now ; I saw the prisoner on Wednes- 
 day morning on board the sloop at breakfast ; I did not see him again until 
 to-day. 
 
 Cross-examined. — T had been cook with Captain Burr ; I left the sloop on 
 Wednesday ; Smith Watts took my place as cook ; the prisoner first came on 
 board between six and seven o'clock on Tuesday morning; I never saw him 
 before; I don't know how he came to tell me he was going to Virginia with 
 Captain Burr ; the captain told Johnson if he wanted to go up-town that 
 night he could go; Johnson said to me if I wanted to go he would stay on 
 board. 
 
 James H. Bacon deposed — I am in the oyster business ; I know the 
 prisoner at the bar; I saw him on board the E. A. Johnson on the 13th 
 March ; I was there two days getting out oysters; Johnson was there shovel- 
 ling out oysters ; he wore his whiskers same as he does now; he had a check 
 shirt, short coat, and comforter about his neck; I next saw him after his 
 arrest, when I was called on to identfiy him. 
 
 Gross-examined. — I reside at Port Kichmond ; I was examined before the 
 Commissioner ; he wa9 working on board the boat helping me to fill out the 
 oysters ; I think he had a dark pair of pantaloons and a Kossuth hat ; I think 
 in the morning he had on a monkey coat, and when he went to work he 
 pulled on a blue shirt ; I had no conversation with him more than to tell 
 him to fill the baskets a little fuller. 
 
 Eeuben Keymer deposed — I am in the oyster and fish business ; I knew 
 of the sloop E. A. Johnson being at Gravesend in March last; I don't recol- 
 lect the date ; she came there on Sunday and left on Tuesday night; the 
 next day (Wednesday) I saw the sloop towed up by a steamer ; I saw the 
 prisoner the day the sloop sailed from Gravesend ; he came ashore after one 
 of the Wattses ; it was just at sunset ; he came ashore in the yawl boat; the 
 sloop was about one hundred yards off; the prisoner was sculling the yawl ; 
 I was afraid he would run foul of me ; the prisoner and Watts returned to 
 the sloop in the yawl boat ; the prisoner was dressed in a coat of the descrip- 
 tion of the one produced ; 1 watched the sloop going out; she went south- 
 west to clear Coney Island, and then she took a southerly course (a chart of 
 the bay produced — the witness describes to the jury where the sloop lay, and 
 her course) ; I saw her three miles out to the east of Sandy Hook ; the wind 
 was west northwest ; the sloop was going about eight knots an hour ; when 
 she got out, she set her flying jib; at the rate she was going she would pass 
 Sandy Hook in about an hour ; when I saw Johnson come ashore from the 
 sloop, I think I recognized the boy that went back with him as one I had 
 ieen on the sloop the day before. 
 
 Cross-examined. — I was not well acquainted with any of them except Capt. 
 Burr j I am certain of the prisoner being the man who sculled the yawl ; I 
 told the man in my boat not to run into him ; I turned to the prisoner and 
 
$4 THE TRIAL AND CONFESSION OF 
 
 said to him, " Now I suppose you are going to give it to her ;" I was in a row 
 boat; we were rowing our boat; I next saw the prisoner in Court before 
 the Commissioner; I think I stated before the Commissioner that the 
 prisoner had a monkey jacket on when I saw him in the boat ; I stood about 
 five minutes on the shore and then went to my house ; I saw from the house 
 about three miles out; if she kept the southerly course I suppose she would 
 have fetched up about the Highlands, below" Sandy Hook ; she made a 
 straight wake. (Witness again described the course of the sloop on the 
 chart.) 
 
 Charles Baker deposed — I live at Gravesend ; I knew Capt. Burr ; I 
 know the sloop E. A. Johnson ; I saw her in March last at Gravesend; I saw 
 Capt. Burr come ashore at Gravesend bay ; knew Smith and Oliver Watts by 
 sight; I saw the prisoner Johnson come ashore and take away one of the 
 hands; I saw the sloop go away in about eight or ten minutes after the pri- 
 soner and the young man got on board ; Capt. Burr was on board ; there 
 were four on board altogether. 
 
 Cross-examined. — The young man had a small bundle under his arm ; never 
 saw the prisoner before that ; had no conversation with him ; he was a 
 stranger and I took a little more notice of him than if I knew him ; he had 
 a kind of monkey coat on ; he had whiskers ; he had none on his upper lip 
 then that I could see ; I was not nearer to him than the length of this room ; I 
 did not see which of the Watts boys went along with him. 
 
 John S. Whitworth deposed — I live in Gravesend; I saw the prisoner at 
 Gravesend beach on the 19th or 20th of March last; he came ashore in a 
 yawl boat ; I saw him raise the bow of the boat on the beach ; I was paint- 
 ing a vessel at the time ; the boat was not more than a few minutes there 
 when I saw her go back again toward the E. A. Johnson, which was about 
 100 or 120 yards off; I saw the prisoner on the day following; became 
 ashore in the yawl boat ; I did not see him go back to the sloop that day; I 
 don't think he had any coat on on Monday ; I think he had a monkey coat 
 on on Tuesday. 
 
 Cross-examined by Mr. Sayles. — The next yawl boat was coming ashore 
 when I left off work on Tuesday ; I went away before she came to the 
 beach ; the prisoner's side was to me when he pulled the boat on the beach 
 on Monday. 
 
 By the consent of counsel the jury were permitted to separate after suit- 
 able caution from the Court not to converse with any person on the subject 
 of this trial. 
 
 Adjourned to Tuesday at ten o'clock. 
 
 Second Day. 
 
 Richard Eldridge, examined by Mr. Dwight, deposed that he saw the 
 sloop E. A. Johnson at Gravesend on the Sunday morning and Monday; 
 went on board of her; saw Captain Burr and the two Watts boys, and 
 Johnson, the prisoner, on board; saw Johnson on board the sloop first on 
 Sunday, Monday and Tuesday. I went out in the Sirocco, in company with 
 the sloop, past Coney Island ; we were bound up to the Health Office; it 
 was about sunset when we went out ; Captain Burr, the two Watts boys, 
 and Johnson were on board when she left ; she went on the usual course of 
 southern vessels; I took, a letter from Captain Burr to his home, Johnson 
 wore a beard same as now, but no moustache on the upper lip ; never saw 
 the prisoner since until yesterday. 
 
 Cross-examined. — Knew Captain Burr well for years, and also knew the 
 Watts boys ; I did not know the prisoner before that time ; I had no particu- 
 «r conversation with him; Captain Burr told me he was going to Virginia. 
 
 George Neidlinger deposed — I live on Siaten Island, at Port Richmond; 
 
^LBERT W. HICKS, THE PIRATE. 25 
 
 I saw Johnson, the prisoner, at six o'clock on the morning of tie 21st of 
 March ; I was standing at the barn door ; he came up to me and asked me 
 if there was any one to interfere with bis boat, and I said no; he left hi? 
 boat on the south side of the fort, and he earae from that direction ; he told 
 me lie left the boat " back there ;" I afterward went there and saw that the 
 boat had been hauled up by some boys ; the harbor police came for the boat 
 and took it away the next evening ; there was nothing in the boat that I 
 could see but some sand, oyster shells, and oars; the prisoner went toward 
 the Vanderbilt landing; he had on a monkey jacket and a Kossuth hat — 
 (jacket produced) — it was like this ; he had a bag, like a feed bag, which he 
 carried on his shoulder — (witness described on the diagram where he saw 
 the prisoner) — he landed on the point below Fort Tompkins ; Vanderbilt's 
 lauding is about two miles from Fort Tompkins; the prisoner wore his 
 whiskers pretty much as they are now, only he had no hair on the upper 
 lip ; at the examination before the Commissioner he had no whiskers on the 
 side. 
 
 Gross-examined. — Had never seen the man before ; he had no conversation 
 with me except to ask if any one would interfere with his boat; he had a 
 monkey jacket and Kossuth hat, but I did not notice his pants ; I made a 
 mistake before the Commissioner in stating that the jacket came down below 
 the knees; I meant to say that it came down to his hips; I corrected 
 myself. 
 
 To the Court. — I think I changed my testimony before I left the Commisr 
 sioner's Court. 
 
 Cross-examination continued. — I saw the prisoner put on the coat before 
 the Commissioner, and then I changed my mind. 
 
 To Mr. Dwight.--I am not an American ; I am a German. 
 
 Michael Durnin deposed. — I live at Staten Island ; I know Hicks, the 
 prisoner ; I saw him on the 21st of March ; I was going down to Port Rich- 
 mond, and met him with a bag on his shoulder; ho bid me good morning, 
 and I bid him the same; he asked something about his boat; he went 
 toward Vanderbilt's landing; he had a bag on his shoulder, like a feed bag. 
 
 This witness was not cross-examined. 
 
 Augustus Guisler deposed — I live at Stapleton, but attend bar at Vander- 
 bilt's Landing ; I know the prisoner ; I saw him on Wednesday morning, 
 21st March ; he came to our shop, and said he wanted something to eat ; he 
 asked me if I had any coffee, and I said not, but told him where to get it ; 
 he went out and came back again, and said they were not up ; he asked for 
 eggs, and invited Mr. Hickbert to take a drink ; he showed me a $10 gold 
 piece, and asked me if I wanted it ; I said, " No, sir, I have not change for 
 it ;" he then took some silver and paid me ; I would not know the bag ; the 
 coat he had on was like that produced ; it had patches on the elbows like 
 this ; Mr. Hickbert asked him if he was a seafaring man ; he told Mr. Hick- 
 bert that he was captain of a sloop ; that he had been run into, and one 
 man was killed, and another knocked overboard ; he said he was down 
 stairs asleep at the time, and had only time to get his clothes and the 
 " needful " (at the same time shaking the bag), and come ashore in the yawl 
 boat ; the bag in which he had his money was something like this one pro- 
 duced ; he took the $10 gold piece out of the bag ; he was about twenty 
 minutes in our shop. 
 
 Gross-examined. — I didn't count the money ; Mr. Hickbert did not count 
 H ; I did not see the bag in his hand when he first came ; he did not take it 
 3Ut of his pocket ; he had a handkerchief in his hand ; when be offered me 
 the gold piece, he had the bag in his hands, leaning against the bar; he 
 finally put his hand in his pocket and paid me ; could not tell whether the 
 bag was full or not ; it looked like this bag ; I have seen a good many shot- 
 oags ;'I am seventeen years of age; I next saw the prisoner at the Second 
 
26 THE TRIAL AND CONFESSION OP 
 
 Ward station-house ; Captain Weed sent for me ; they told me they thought 
 they had the man; I went there and identified him. 
 
 To the Court. — There were thirty or forty persons in the station-house at 
 the time ; I picked him out ; no one pointed him out to me ; I asked Captain 
 Weed where he was ; he said he would not tell me ; that I was to point him 
 out; there were others there; they all identified him but one little boy; 
 the people were not mostly in policemen's dress ; there were all kinds of 
 clothes. 
 
 Abraham S. Hiokbert deposed that he saw the prisoner, on the 21st 
 March, at the Vanderbilt ferry, at about half-past six o'clock ; he asked me 
 where he could get something good ; I showed him ; he went in and asked 
 Augustus, the barkeeper. This witness corroborated the last witness as to 
 the conversation with the prisoner, and further added that he told him that 
 the vessel he was on was the William Tell ; that he had been run into by a 
 schooner, and one man was killed against the mast, and another knocked 
 overboard. The prisoner shook a bag in his hand when he said he had only 
 time to save the one tiling needful. 
 
 Cross-examined. — I had never seen him before, to my knowledge ; I can- 
 not tell exactly how he was dressed, nor whether he had whiskers ; I should 
 think the man was about five feet eight inches ; I did not take particular 
 notice of his height ; he said he was on the William Tell, and had been run 
 into that morning in the lower bay. 
 
 To the Cottrt. — Next saw the prisoner at the police station-house ; iden- 
 tified him there by his face ; he was not pointed out to me by any one. 
 
 To Mr. Graves. — To the best of my belief, he is the man I saw at Vander- 
 bilt's lauding ; I would not like to swear right up and down that he is the 
 man. 
 
 Franklin E. Hawkins deposed that he is captain of the sloop Sirocco ; I 
 knew Captain Burr and the Watts boys; heard Captain Burr say he was 
 going to write a letter home; saw the prisoner on board the sloop E. A. 
 Johnson ; my vessel was lying at Coney Island, and the sloop Johnson was' 
 lying at the same place; on the Sunday before she sailed I went out with 
 her; Johnson came ashore in the yawl boat on the evening before the sloop 
 sailed ; Richard Eldridge took the letter from Captain Burr to his home in 
 Islip ; Captain Burr had dark hair ; one of the Watts boys had light hair and 
 the other a little darker; I do not know Captain Burr's watch. 
 
 Cross-examined. — The prisoner met me when he came ashore on Tuesday, 
 and asked me if I was Oliver; I had no conversation with the prisoner; 
 heard him talk with the captain ; I can swear positively that this is the 
 man. 
 
 Patrick McCaffrey deposed — I am a deck hand on the Staten Island 
 ferry-boat Soutbfield ; I know the prisoner; I saw him in the gentlemen's 
 cabin about seven o'clock on the morning of the 21st of March ; I was broom- 
 ing off the cabin; he was sitting down, and he called me over and asked me 
 if I was a judge of this country's money; that he was afraid them fellows 
 were cheating him; I said I was a pretty good judge of gold and silver, but 
 did not know much of bills; he asked me to count the money; I counted out 
 three or four gold pieces and told him what they were ; the bag was a kind 
 of a shot bag ; he asked me where the water closet was and I showed him ; 
 he told me to mind his canvas bag and he would give me the price of my 
 bitters (identifies the coat) ; my attention was particularly called to the coat 
 by it being bare in some places and having patches on the elbow. 
 
 Mr. Dwight asked that the prisoner now put on the coat. 
 
 The Judge said that he could not compel the prisoner to do so, as it might 
 aid other witnesses for the prosecution, who are now in court and have not 
 vet been examined. 
 
 Examination continued. — Next saw the prisoner in the Second" Ward 
 
ALBERT W. HICKS, THE PIRATE. 21 
 
 station-house ; he denied having ever seen me ; I looked all around the 
 station-house, and when I saw him I said, "There's the man." 
 
 To the Court. — There were forty or fifty in the station house ; my attention 
 was not directed to him ; no one pointed him out to me. 
 
 Cross examined. — Had never seen him before I saw him on board the 
 Southfield ; he had whiskers up to his ears, but no moustache ; his whiskers 
 were blacker when I saw him in the station-house thau they are now ; I 
 have not a doubt about the coat; I can swear positively to it and the man; 
 I cannot swear positively to the shot bag; I was born in Ireland; I am only 
 two years here; I have lived at Staten Island ever since; I have been a 
 coachman, and have been now nearly eighteen months on the ferry-boat; I 
 can't tell how many passengers were in the ferry-boat that morning. 
 
 William Drumm, a lad, deposed that he met the prisoner on a Wednesday 
 morning, about eight o'clock ; can't tell when ; met him at the South ferry ; 
 it was about the 21st of March ; I saw him at a coffee and cake stand at the 
 ferry, kept by Charley McCosten ; he got a cup of coffee and a piece of pie ; 
 
 he put down a gold piece, and the man said, u Oh, , have you no 
 
 smaller change than that!" he then gave him something else. I carried 
 Johnson's bag to the corner of Cedar and Greenwich streets. I asked him 
 fifty cents, and he gave me three shillings, and said if I did not go out of 
 that he would kick me (laughter) ; there was a Dutchman there who told 
 him two shillings were enough ; I pointed out the prisoner on the following 
 Sunday, in the station-house. 
 
 Gross-examined. — I testified before the commissioner that the bag was 
 very heavy and cut my shoulder, and that it did not seem to be filled with 
 clothes ; I stated before the commissioner that the prisoner wore a greyish 
 coat ; I saw him first at the coffee stand ; he wanted a carriage first. 
 
 Patrick Burke, deposed — I know the prisoner for about three years, by 
 the name of William Johnson ; he had a room from me in Cedar street, near 
 Greenwich ; the last time I saw him was on the Wednesday before his 
 arrest; I did not remark his dress; he had nothing with him that I saw; I 
 saw him again that day, in my house, about four o'clock ; I saw some bills 
 with him that day ; I do not know how much ; I do not know that he made 
 any change in his clothes or his whiskers ; he went away by the boat that 
 evening ; he took his wife and child with him ; he took some things with 
 him ; he left a ship's instrument (a compass, I think,) behind at my house ; I 
 had no conversation with him that day more than to bid him the time of 
 the day ; he always paid me my rent like an honest man. 
 
 Gross-examined. — I think it was before noon I saw him with the bills in 
 his hands ; often saw bills with him before. 
 
 Catharine Burke, wife of the last witness, corroborated her husband's 
 testimony; Johnson did not say anything about what voyage he was going 
 on the last time he went to sea. 
 
 Gross-examined. — I had seen the prisoner with money on previous oc- 
 casions. 
 
 Albert S. James, broker, deposed — I saw the prisoner first on Wednesday, 
 the 21st March, at my office in South street ; he asked me to take some silver 
 at as low a rate as possible; I had engaged to take some silver from the 
 market, and asked him if he came from there ; he said no ; the " Cap " was 
 sick ; that he came honestly by the money ; I changed about $135 in silver, 
 and $35 in gold; it was in a bag and tied up in a handkerchief. (Handker- ' 
 chief and bag produced.) I think that is like the bag but cannot identify the 
 nandkerchief ; a man came into the office and the prisoner seemed to hesi- 
 tate, and did not seem to want to open the bag before the man. 
 
 Q. What did you give him in exchange for the gold and silver. 
 
 A. I gave him $130 in Farmers' and Citizens' Bank of Williamsburg, Long 
 Island; their denominations were tens, fives, threes and twos; I counted 
 
28 THE TRIAL AND CONFESSION OF 
 
 the money ; the prisoner did not appear to count the money after me ; he 
 did not see how much there was. 
 
 Richaed O'Conoe, cartman, deposed — That he saw the prisoner on the 
 21st of March, and took his baggage to the Bay State (Fall River boat); the 
 prisoner walked, and I saw him at the boat afterward. He told me if any 
 one inquired where he was going, to tell them it was none of their business. 
 "When they were taking the luggage out, a woman asked him where they 
 were going, and he said they were going to Albany to live on a farm. 
 
 Witness was not cross-examined. 
 
 Geoege Nivens, officer of second precinct, deposed — That he understood 
 that a man answering the prisoner's description had left in the Stonington 
 boat, but traced him to Providence, where he arrested him in a boarding- 
 house. I found the hackman who had conveyed Johnson, and he took me 
 to the house ; I found him in bed with his wife ; I shook him up and 
 searched him ; I found on him a watch ; I took away two trunks, two bags, 
 two handkerchiefs, and a knife, a pocket-book, and some bed-clothing, which 
 he claimed to be his. (Identifies the watch, pocket-book, and bags ; cannot 
 identify the handkerchiefs.) I found in the pocket-book $121 in bills on the 
 Farmers' and Citizens' Bank of Williamsburg, mostly fives and tens ; there 
 are some ones ; there are also some on the Lee, Huguenot Bank, and City 
 Bank of Brooklyn ; when I arrested him first I told him I arrested him for 
 passing counterfeit money ; I did not make any statement to him at the sta- 
 tion-house in Providence ; I believe Mr. Smith did ; I brought him to New 
 York next day ; he told me that the watch belonged to his brother ; he said 
 he had not been in New York or Staten Island during the month of March ; 
 that he had been speculating around the market, and had about $60 ; at an- 
 other time he said he got the money from his brother ; on counting 
 over the money in the pocketbook I found there were $121 in it; when I 
 informed him in the cars of the charge against him, he denied all knowledge 
 of Oapt. Burr and the sloop E. A. Johnson. 
 
 Cross-examined. — At the time I had the conversation with him in the cars 
 he was in irons ; he did not tell me that he could not read or write. 
 
 To Mr. Dwight. — When I arrested him in Providence he told me his name 
 was Hicks — Albert W. Hicks. 
 
 Elias Smith deposed — That he was with Nivens when he made the 
 arrest. 
 
 The OouET. — Are you a police officer ? 
 
 Witness. — No, sir ; I am a reporter of the Times. 
 
 To Mr. Dwight. — The prisoner denied all knowledge of the sloop E. A. 
 Johnson or Captain Burr ; he said he had not been in New York for two 
 months ; I understood him to convey the idea that he had been in Provi- 
 dence for two months (identifies the watch and pocket-book as those taken 
 from the prisoner in Providence) ; I cannot identify the clothing ; I addressed 
 the prisoner at the station-house, and said to him, " Hicks, you are charged 
 with the murder of three men ;" he said nothing ; I then changed the lan- 
 guage and said to him, u You are charged with imbruing your hands in the 
 bleod of three of your fellow men for money ;" the prisoner shook his head 
 and said, " I do not know anything about it ;" I then said to him, " You 
 have been on board the sloop Edwin A. Johnson ;" he shook his head and 
 said he did not know anything about it, and was never on it ; Mr. Nivena 
 read the newspaper accounts of the transaction to him ; he said he did not 
 care much about the arrest except for the interruption to his business, as he 
 had purchased a place in Providence ; I told him he would be identified 
 when he got to New York ; he said we might think what we liked ; he- 
 leemed annoyed at our pressing the subject. 
 
 Gross-examined. — I never found out how much he had paid ; I sud to him r 
 " If you are innocent, then you are willing to go back to New York ?" after 
 
ALBERT W. HICKS, THE PIRATE. 2ft 
 
 hesitating, he assented ; Detective Billings, of Providence, was with me when 
 he signed the agreement to come back. 
 
 Samuel M. Downes deposed — I am captain and pilot of the steamtug 
 Sirius ; I picked up the sloop E. A. Johnson on the East Bank, near the 
 Romer, about half-past six o'clock in the morning ; I brought her to this 
 city, and left her in the river at the foot of Fulton Market ; the bowsprit of 
 the sloop was broken off about midway ; the jib hung overboard ; there was 
 no small boat on board ; I boarded the sloop ; one of the men of the schooner 
 Telegraph had boarded her about the same time (witness describes the ap- 
 pearance of the sloop on a model produced in court) ; there were pools of 
 blood on the deck, and the cabin appeared as if some one had been slaugh- 
 tered there ; there were marks of a hand, as if struggling, and then there ap- 
 peared to be a blow of a hatcljet where the hand mark was, as if it was cut; 
 the blood flowed down to the scuppers ; there were evidences of a scuffle ; 
 there was a mark of a foot in the blood, as if some person with a boot or a 
 shoe had stepped in it ; the appearance of the blood from the companionway 
 seemed as if some person had been dragged from there and thrown over- 
 board ; there was some hair found in the pool of blood forward ; it was dark 
 brown hair ; I did not remove the hair or anything on board ; I brought her 
 to New York ; arrived about half-past ten o'clock at the foot of Fulton Mar- 
 ket, and gave her up to Captain Weed of the Second Precinct. 
 
 Cross-examined, but nothing material was elicited. 
 
 Be-direct examination. — The wind was blowing north-northwest, which 
 would bring the sloop out to sea. 
 
 Hart B. Weed, examined by Mr. Dwight, deposed — I am captain of the 
 Second District police ; I examined the clothes brought by Nivens from Pro- 
 vidence ; there were coat, pants, vest, and some flannel clothing contained 
 in a bag used for feed ; the clothes produced — coat, vest, and pantaloons — 
 are those given to me by Officer Nivens ; there was also a hat (several other 
 articles of clothing produced) ; these were either found in the trunk or the 
 bag ; I recollect finding a daguerreotype in the trunk or bag (produces it) ; I 
 sealed it up and gave it to the clerk of this court. (The daguerreotype is of 
 a young lady, and is said to be that of the sweetheart of one of the Wattses.) 
 I was at the station-house when the prisoner was brought there ; he said he 
 knew nothing about it ; I asked him if he knew anything about the vessel 
 or the murder, and he said "No; he knew nothing about it, and had not 
 been in New York, Staten Island, or Long Island for some time; Dr. Bouton, 
 the coroner's assistant, accompanied me to the sloop ; we found a lock of 
 brown hair — human hair — lying partially in a pool of blood on the deck ; I 
 gave the hair to the Assistant District Attorney ; it was sealed up in the 
 manner of this package produced ; I cannot now swear that this is the hair; 
 it was then clotted with blood ; I also found hair on the coffee-pot in the 
 cabin ; I gave that to you (Mr. Dwight); (another package produced) this is 
 the hair found on the coffee-pot ; the blood had the appearance as if a person 
 lay down and the blood flowed at each side. 
 
 The cabin had a great deal of blood and had the appearance of being washed 
 down ; I found a bucket, with a rope, which appeared to be used in taking 
 up water ; I found a broom there ; there was blood and hair on the rope 
 attached to the bucket ; sails and other things had been removed out ; there 
 were holes bored in the deck ; we fouud an auger with blood on it ; the 
 auger fitted the holes in the deck ; the coffee pot was lying behind the 
 stove, it seemed to be bruised ; there was hair on it ; we searched under the 
 companionway and found a lead line there ; we found some secret drawers ; 
 I saw the valise that was identified here yesterday in the cabin of the sloop ; 
 we found spots of blood on the ceiling of the cabin, and on each side of the 
 door, as if a person had been drawn out of it r there were three cuts on the 
 ceiling, which appeared to have been done with a sharp instrument ; w* 
 
30 THE TRIAL AND CONFESSION OF 
 
 found cuts on the clothing of the captain's berth; the railing had the 
 appearance as if a hand was on it and had been cut ; we saw marks which 
 seemed as if a person with bloody clothing had been shoved down the side 
 of the vessel; there was blood on the stove and wood in the cabin ; the 
 cabin was in a deranged condition; I received some tackle from Captain 
 Nickerson, which consisted of some of the gearing of the vessel ; I took 
 them down with one of my men, who had been a sailor, and we found they 
 corresponded with the bowsprit of the Johnson. 
 
 Cross-examined (a shirt and linen coat produced). — These are the clothing 
 we found in the captain's berth with cuts on them ; there was no blood on 
 them nor on the bed ; they had the appearance of being clean and folded up ; 
 I partially examined the prisoner to see if there were any marks on him ; I 
 found no fresh marks of violence on him; I lifted his shirt and looked at his 
 body ; I looked at his arms ; I saw the figure of an eagle printed in India 
 ink, I saw no other marks on his arm. 
 
 The hour of adjournment having arrived, the Court adjourned to ten 
 o'clock Wednesday morning. 
 
 Third Day. 
 
 The court was densely crowded at an early hour. 
 
 Theodore Bitrdett, examined by Mr. Dwight, deposed, that he is a 
 policeman belonging to the harbor police ; I found a boat about seven o'clock 
 on Thursday, the 22d of March, the day after the sloop was brought up H 
 the city ; I found the boat fifty yards to the southward of Fort Kichmond j 
 Hickbert and Gresler(the two witnesses) gave me information where I could 
 find the boat ; I saw the hostler of the fort ; he gave me the oars and half 
 an old boot, and a piece of an old stump of a broom ; I went to the sloop 
 and found Mr. Selah Howell, the owner ; I showed him the boat as it lay at 
 the slip ; he claimed it, and took it away. 
 
 To the Judge. — This was at the police station. 
 
 Samuel J. Conover deposed — I am a watchmaker, doing business with 
 Mr. Squire, No. 182 Bowery; I remember repairing a watch about a year ago 
 for a person named Burr ; it was on the 6th of April, a year ago ; it was not 
 Mr. Burr himself who brought it ; it was left by a gentleman whom I saw in 
 the court yesterday ; the person who left it took it away I presume ; it was 
 a double case silver watch ; the maker's name J. Johnson, and the number 
 21,310. (Looks at the watch.) This is the watch that I repaired ; I do not 
 know the guard ; I don't know that I ever saw Capt. Burr. 
 
 Gross-examined. — In giving a description of the watch and its number I am 
 uided by a record which we keep at the store ; I am pretty sure I made the 
 record before it was repaired ; the record is in my handwriting. (The wit- 
 ness was requested to send for the record.) 
 
 Hart B. Weed, recalled, deposed — That the dark hair produced is what I 
 found in the cabin ; this other (the light hair) I found forward of the mast, 
 on the deck in a pool of blood. (Witness here selected and showed out the 
 clothes brought from Providence in the trunk and bag.) I have now a bag 
 in my hand in addition to the things produced yesterday ; the contents were 
 taken out of a green chest brought by the officers from Providence. 
 
 Gross-examined. — I cannot enumerate all the articles found ; I did not find 
 any jewelry ; I do not know if any one took a list or description of the 
 articles. 
 
 Re-direct examination.— I now recollect that I found the daguerreotype 
 produced yesterday (of a young lady) in the breast pocket of this coat, (a 
 dark frock coat). 
 
 Henry Seaman deoosed — I reside in Brooklyn ; I was acquainted with Capt. 
 Burr for fourteen or 'fifteen years ; I saw him on the Tuesday before he left, 
 
ALBERT W. HICKS, THE PIRATE. 31 
 
 I know Oapt. Burr's watch; I had it in ray hand on the Tuesday ; it was at 
 ray house, and he (Oapt. Burr) took it away that evening ; I recollect leaving 
 Oapt. Burr's watch to be repaired at some store in the Bowery, a year ago 
 last April ; I did not go after it again; I know it by its general appearance, 
 and by the guard, and the way the guard is knotted ; I knew the sloop John- 
 son, and its yawl-boat; I saw the yawl-boat at the police station after the 
 sloop had been towed in to the city ; it was on the 22d or 23d of March last; 
 saw the yawl-boat on the sloop the time she was here before the last trip; 
 I do not know the prisoner; Captain Burr was a man of about five feet seven 
 or five feet eight inches in height. I found the ship's papers in the cabin, at 
 the head of the captain's birth ; I gave them to Captain Weed, of the Second 
 Ward station ; I knew the Watts boys ; Oliver was about five feet nine or 
 ten, and weighed about 180 or 185 pounds; he was the light-haired one; 
 Smith Watts was taller, and weighed about 175 pounds; I do not know 
 Smith Watts' writing. 
 
 Cross- examined. — I had the watch in my hand probably fifteen or twenty 
 minutes; it was on the Tuesday before the Thursday that he sailed ; I don't 
 think I said before the Commissioner that it was the Tuesday week before 
 he sailed ; I do not know why I took the watch in my hand ; I had no idea 
 that I should be called on to identify it; I left it at Mr. Squire's store to be 
 repaired ; I did not go for the watch; I remember the number of the watch, 
 21,310 ; the number was marked down on the boom of my cart by Captain Burr 
 when he gave it to me at foot of Spring street; I did not state that fact be- 
 fore; I have since sold the cart; Captain Burr's wife and my wife are sisters. 
 
 To Mr. Dwight — Captain Burr carried the watch for four or five years. 
 
 Mr. Conover — (recalled and produces the record). — It is as follows: 
 
 Mr. Burr 
 
 D. B. Silver watch, 
 
 J. Johnson, Liverpool, 21,310. 
 Did. 
 
 To prisoner's counsel. — I can't say to whom I delivered the watch ; my 
 impression is that I delivered it to the gentleman who left it, but I am not 
 certain ; it was there about a week. 
 
 Catmbine Dickenson, a girl about seventeen years of age, deposed : J 
 knew Oliver Watts; 1 saw him last on the Tuesday of the week he sailed; 
 1 do not know the date; I gave him my daguerreotype. 
 
 Mr. Graves objected to this testimony. 
 
 The Court said he deemed the evidence was proper and important; it had 
 been proved that a daguerreotype was found in a coat, and if the prosecution 
 can prove that that coat belonged to young Watts, and that this is the 
 daguerreotype this witness gave him, it will go far to connect the prisoner 
 with the transaction on board that sloop. The Court thought the evidence 
 not only eminently proper, but very material and important testimony. 
 
 Witness continued. — When I gave him the daguerreotype he put it in his 
 coat pocket; 1 saw that coat since in the District Attorney's office (coat pro- 
 duced in which Captain Weed found the daguerreotype); I think this is his 
 coat and this the pocket he put it in ; he then jumped into the cars (daguer- 
 reotype produced) ; this is the same one I gave him; I don't remember any 
 of the other clothes of Oliver but the coat. 
 
 Cross-examined. — The coat was shown me in the District Attorney's office ; 
 they showed me one coat and asked me if it was Oliver's, and I said not ; 
 they then showed me the other, and I said it was Oliver's ; I identify it from 
 
32 THE TRIAL AND CONFESSION OF 
 
 the yellow lining in the sleeves, and the cloth being worn off tl e button ; H 
 was on the sidewalk, right by the cars, I gave Oliver my daguerreotype. 
 
 Habeiet Robinson (mother of the last witness) — My former husband's 
 name was Dickenson ; I knew Oliver Watts for three or four years; he used 
 to stay at my house when home from sea ; he had not all his clothes when at 
 my house last; he had a pair of pants which he took away with him; he 
 wore on that Tuesday his best coat ; I should suppose this (the coat in which 
 Captaid Weed found the daguerreotype) to be the coat ; I know it from 
 the lining, etc. ; he said he gave $16 for it; the other I think was his every 
 day coat. 
 
 Gross-examined. — Nothing material elicited. 
 
 Abbey Hubbaed deposed — My first husband's name was Watts ; I am the 
 mother of Smith Watts; the last time I saw him was on the 7th of March; 
 he started to go with Captain Burr to Virginia (identifies a portion of the 
 clothes belonging to her son, Smith Watts) ; I patched this shirt myself; this 
 bag has the initials of my present husband, Lorenzo Hubbard, on it; I put 
 my son's clothes in it that morning myself; I knew the shirts; I cut them 
 myself, and had them sewed ; he was very large, and could not get shirts 
 to fit him; I cut them in the old fashioned way myself; I have had no 
 tidings of him since, only that I suppose he was murdered. (Sensation in 
 court.) 
 
 Gross- examined. — I reside at Islip; I am not any relation of Captain 
 Burr's family, but I was acquainted with him for fourteen or fifteen years. 
 
 Redirect examination. — Witness exhibited further signs in stitches and 
 patches, by which she positively identified her son Smith Watts' shirt ; the 
 pantaloons have a new pocket, which I put in, as he had worn out the other 
 one; all those things that I have identified my son took away with him in 
 the bag which has my husband's initials on it. 
 
 The cross-examination was a mere repetition of her direct testimony. 
 To Mr. Dwight— (Handkerchief produced by officer Nivens, shown to 
 witness) — This was Smith Watts' handkerchief; I have washed and done it 
 up for him for two years, and never saw one like it. 
 
 Mrs. Hubbaed, who gave her testimony clearly, and maintained herself- 
 possession on the witness stand, burst into tears, and continued to weep for 
 some time after she retired from the body of the court. 
 
 Dideme Buee (the widow of Captain Burr, dressed in deep mourning) 
 was called to the stand and deposed — My husband, Captain George H. Burr, 
 left home on the 8th of March last ; I have never received any tidings of him 
 since, save in connection with this affair; I think I should know his watch 
 from the case and its general appearance, and by the guard (watch handed 
 to Mrs. Burr) ; this is the same kind of a case ; I should say it is the same 
 watch ; he carried it some nine years, as near as I can say ; (ship's 
 articles produced) I think the filling up in this paper is in my husband's 
 handwriting; I saw some of his clothes in the Second Ward station-house; 
 (Kossuth hat produced) he had a hat like this, which he wore from heme; 
 this was his shirt ; he took this from home with him; I know it by a piece 
 across it, which he put in himself, on board the sloop ; those pantaloons I 
 think were his ; the suspenders are precisely like those he had on when he 
 went away; he had a vest the same cut and color of this produced ; he did 
 not have it home with him the last time; I could not say positively, but I 
 \hink it is his; this black handkerchief was his ; I hemmed it myself. 
 
 Gross-examined. — My husband had more than one coat; he often bought 
 clothes, and brought them on board the sloop ; 1 first identified these clothes 
 at the station-house. 
 
 Mr. Dwight said that these were all the witnesses for the prosecution, 
 with the exception of Captain Nickerson, of the brig which had had the 
 collision with the sloop E. A. Johnson. Pie had been telegraphed to Boston, 
 
ALBERT W. HICKS, THE PIRATE. 35 
 
 and as lie was a willing witness, they expected him by every arrival. He 
 sails between Philadelphia and Boston, and it may be possible that he (Cap- 
 tain Niekerson) had been detained at sea. 
 
 The counsel for the defence intimated that their testimony would not 
 occupy much time, and they would probably close to-morrow. They pre- 
 ferred, however, that the prosecution should exhaust their case first. 
 
 The Judge said he would allow a reasonable time for the appearance of 
 Captain Niekerson. 
 
 Mr. Dwight said that Mrs. Hubbard wished to correct her testimony as 
 to date. 
 
 Mrs. Hubbard again took the witness stand, and said that she saw her 
 son, Smith Watts, last on the 13th of March, Tuesday, and not on the 7th ; 
 she was confused when she first came up, and made a mistake as to the 
 date. 
 
 The Court then adjourned to ten o'clock on Friday morning. 
 
 Fourth Day. 
 
 Catherine Dickerson, recalled by the prosecution, deposed — I have had 
 hair from Oliver Watts in my possession; it was in his daguerreotype which 
 I gave to some one in the station-house; this daguerreotype and bair now 
 handed to me are the same; I knew this to be Oliver's hair because I cut it 
 off myself. 
 
 The daguerreotype and hair of Oliver Watts were submitted to the jury to 
 compare with the hair found in the blood on the deck of the sloop. 
 
 Captain Weed recalled by the District Attorney, and deposed — I received 
 from the last witness (Miss Dickerson) a daguerreotype and some hair, which 
 I have with me. 
 
 Q. Will you give it to the person that you received it from ? 
 
 (The captain here handed the hair and daguerreotype to Miss Dickerson.) 
 
 Miss Dickerson, being further examined, said — That is the daguerreotype 
 that I spoke of; that is the hair of Oliver Watts which I received from him. 
 
 To the Court. — I can tell the hair by the color of it; I cut it off myself; 
 I put it in the daguerreotype; his likeness was taken at the same time as mine 
 was — on the Tuesday before he sailed ; the daguerreotype that I now hold 
 in my hand is that of Oliver Watts; I think I cut that lock of hair from his 
 head about six months ago from the present time. 
 
 George Washburn, of the second precinct police, stated that he took 
 some rigging from the J. R. Mather, and fitted it to the broken bowsprit of 
 the E. A. Johnson; it compared exactly with what was still left on the bow 
 of the vessel ; the schooner Mather was said to have come in collision with 
 the E. A. Johnson. 
 
 Mr. Hunt, Assistant District Attorney, stated that the government had 
 no further testimony to offer with the exception of that of Captain Nieker- 
 son, which he deemed highly important and material. He thought that the 
 reading of the testimony of Mr. Niekerson taken before the Commissioner, 
 would be sufficient, if assented to by the other side. 
 
 Mr. Graves requested a short adjournment for the purpose of reading the 
 testimony of Mr. Niekerson, and consulting with his associates as to the 
 proper course to be pursued. 
 
 The Court said that this was a matter purely for counsel to consider, and 
 one with which he would not interfere. He would accede to the request of 
 defendant's counsel, and adjourn the Court till twelve o'clock. 
 
 The Court then took a recess. On reassembling, 
 
 Mr. Graves desired to state that they had not been able to agree with th« 
 counsel for the government as to the evidence of Captain Niekerson. 
 
 Mr. Hunt said — My opinion is that the testimony of Captain Niekerson is 
 
34 THE TRIAL AND CONFESSION OF 
 
 material, and of sufficient importance to authorize us in asking the Court for 
 an adjournment of the case until to-morrow. 
 
 Mr. Graves would like to know if the Court intended to limit counsel in 
 their address to the jury. 
 
 The Court said — In a case of this kind I am not disposed to limit you in 
 your rights 'to your client, or the government in their right toward the pro- 
 secution. 
 
 The Judge, in addressing the District Attorney, said — Mr. Hunt, it must 
 be a very strong case, indeed, that will induce the Court to grant any fur- 
 ther delay for this witness. I will adjourn till to-morrow morning at ten 
 o'clock, and the case must then proceed, unless some imperative reason is 
 shown to the Court why it should not. 
 
 After the usual caution to the jury, the Court adjourned. 
 
 Fifth Day. 
 
 At the meeting of the court this morning, some delay was occasioned by 
 the absence of the leading counsel for the prisoner. 
 
 Mr. Sayles, junior counsel for the prisoner, said — May it please the Court, 
 my associate, Mr. Graves, is not present. I have learned that he went to 
 Twenty-seventh street to see his uncle last night, and I have not seen him 
 since. I would therefore ask a short delay. 
 
 The Court. — There may have been some accident ; you had better send 
 and inquire. The Court will wait a few minutes. 
 
 Mr. C. H. Hunt, the Assistant District Attorney, said, if the Court please, 
 this will not, of course, prevent our doing all we proposed to do. "We have 
 to inform the Court that Capt. Nickerson, whose testimony we were anxious 
 to obtain, has not arrived, and we do not suppose we shall have his testimony 
 to-day. It is proper I should state, also, that we have never regarded his 
 testimony as indispensable in any sense, for if we had we would not have 
 consented to proceed with the trial without his being present. We have, 
 however, regarded his testimony as very important, as giving completeness 
 to the chain of facts which we had it in our power to present to the Court 
 and jury ; and in this view of the case perhaps we were anxious that the 
 testimony should not be submitted on tke part of the government without 
 that link in the chain ; and we were desirous of doing what, as I understand 
 it, is the duty of the government, of presenting all the facts that it is in our 
 power to present, before calling upon the prisoner for his defence. These are 
 the reasons which influenced the prosecution in asking for the delay which 
 has been granted ; and we now feel that we have done all we could to pro- 
 cure this testimony, in order to give the evidence such completeness as is in 
 our power, and we do not now feel like asking the Court for any further 
 delay in order to procure the testimony of Capt. Nickerson. We are obliged 
 to the Court for granting the delay asked for yesterday, and we now, under 
 the circumstances, rest the case on the part of the government, and leave 
 the evidence for the prosecution as it now stands. 
 
 The Court, — It appears that Mr. Graves, the senior counsel for the prisoner, 
 is not in attendance, and for some reason probably for which he is not respon- 
 sible. The Court will wait a reasonable time for him. 
 
 Ex-Judge Roosevelt, United States District Attorney, said — During this 
 short interval I should remark, in addition to what has been said by Mr. 
 Hunt, that upon looking over this case, although I took no part in it in open 
 v>urt, that the prosecution came to the conclusion that this testimony was 
 entirely unnecessary, though relevant ; and the only reason why any delay 
 should have been asked, and the only reason why any delay should have 
 been granted, was to follow out the usage founded on good sense and on hu- 
 manity — that usage which has been regarded, not by strict law, but by a 
 
ALBERT W. HICKS, THE PIRATE. 35 
 
 species of courtesy, that the government, being the stronger party, should 
 not, at the outset, take sides, as it were, but develop the entire case, whe- 
 ther they lay before the court items which may be deemed by them not to 
 be very important, because it might so happen to the mind of the court and 
 the minds of the jurors, that those items, which we might deem not impor- 
 tant, should seem to be very necessary to make out the case. I did not con- 
 sider the testimony of Captain Nickerson in any other light than in comple- 
 ting the history of the case. On the other side, they had a right to object 
 to the introduction of what Captain Nickerson had sworn to before the com- 
 missioner, and it was perfectly proper they should do so, unless the evidence 
 was introduced in the regular way. On our part we have endeavored to do 
 our full duty to the court, to the prisoner, and to the public. We have tried 
 to give every element, every item of evidence in the case that had the slight- 
 est bearing upon it ; and I would now say, to avoid any misapprehension, 
 that it does not arise from any idea of the weakness of the case by any 
 means ; but it is to till out, if possible, the usage of the courts in criminal 
 cases. But we are unable to procure this witness ; he probably is on the 
 ocean now, for he sailed from Philadelphia for Boston last week, and is now 
 at sea. If, however, he should arrive in the course of the day, it will be for 
 the court to say whether it will take his testimony or not, and for the pri- 
 soner's counsel as to whether they will object to it or not. 
 
 The Court. — It appears to me that this is a proper view of the case taken 
 by the United States Attorney. It is the duty of the government, especially 
 in a case of high crime — such a case as the prisoner is charged with — to lay 
 before the court and jury all the evidence they have in their power, or that 
 they are cognizant of, which has any connection with or bearing on the 
 case ; and, as the court intimated yesterday, whatever may be its opinions in 
 relation to the necessity of the evidence, such as Captain Nickerson's might 
 be, it would be very improper for the court to intimate it at this stage of 
 the trial. 
 
 Mr. Sayles (prisoner's counsel). — I experienced some reluctance in asking 
 the court a further delay for the purpose of this trial. It has already been 
 delayed, on the part of the government, for an entire day. I would, how- 
 ever, on the present occasion, ask the court to take a recess until twelve 
 o'clock, to accommodate the defendant, in order that I may ascertain where 
 my partner is, or that I may procure counsel to associate with me. Mr. 
 Graves went last evening to see his uncle in Twenty-seventh street, and I 
 have not seen or heard of him. I would say, in addition, that Mr. Graves 
 has my brief in his possession. 
 
 The Judge said that the Court was very indulgent to both sides, in conse- 
 quence of the importance of the case, both to the public and the prisoner, 
 and although he is very anxious to dispose of the case as soon as practicable, 
 yet he would grant a delay until twelve o'clock. 
 
 On the reassembling of the Court, Mr. Sayles said he expected his associate 
 every minute, and he desired to consnlt with him as to the production of 
 witnesses. He would now call Mr. Commissioner White as to the testimony 
 of a witness named Downes, in describing the position of the sloop. 
 
 Kenneth G. White, United States Commissioner, called and examined by 
 Mr. Sayles, deposed — My impression is that a witness named Downes was 
 before me on the preliminary examination ; I cannot recollect the particulars 
 of his testimony without referring to my minutes. (Minutes produced.) I 
 do not see in my minutes any designation made by Mr. Downes as to where 
 th« vessel was ; there are two marks on the chart, one of which was made by 
 Mr. Downes in court. 
 
 Edward Barnes, called for defence, deposed — He resides in Keyport; 
 knew Capt. Burr; gave him $100 for oysters; this was on the 15th of 
 March ; I gave him the money in quarters and halves, and ten and five cent 
 
86 THE TRIAL AND CONFESSION OP 
 
 pieces; I do not know what amount of money he had with him ; he told me 
 Mr. Simmonds gave him $200. 
 
 The Court said that was not evidence. 
 
 He put it in a bag ; it made the bag about half full ; I cannot identify the 
 bag. 
 
 Mr. Saylks then said they had no other witness for the defence, and he 
 then proceeded to address the Court and jury on behalf of the prisoner. He 
 commenced by describing the sensation created in this city by the intelli- 
 gence of this transaction, and that the public press had given a description of 
 and directed the eye of the community to this one man. He then suggested 
 that this tragedy may have been perpetrated by river thieves who have been 
 driven to the lower bay by the Harbor Police, and who, perhaps, committed 
 a similar one on another sloop on the same night. Counsel said, in cases of 
 admiralty this court had a limited and special jurisdiction, derived from the 
 laws of Congress passed under the Constitution of our country, which gives 
 power to define and perish felony and piracy on the high seas. This court, 
 therefore, had so much power, and no more, It had no common law juris- 
 diction. (He then cited several authorities.) He claimed that a portion of 
 that act of Congress was unconstitutional ; that Congress had no right to 
 define and punish felonies on the high seas ; it has no power to take away 
 the rights of individual States to punish the crime for which this man stands 
 charged. It was committed beyond the jurisdiction of the court, and it had 
 no power to punish for this felony. He then read a reported case where an 
 act of piracy had been committed in Boston harbor, and in which it was held 
 that it should be tried in the courts of that State. 
 
 The Court remarked that this was not a question for the jury, but should 
 have been raised on demurrer, or might be brought up on a motion in arrest 
 of judgment. 
 
 Mr. Sayles submitted that the jury were the judges of the law and the 
 facts. 
 
 The Court. — Not on questions of jurisdiction. Those questions are always 
 for the Court — for its decision. 
 
 Mr. Sayles contended that "on the high seas" meant either in the har- 
 bor of some foreign country, or beyond any portion of a coast where the sea 
 ebbs and flows. 
 
 The Court remarked that this was the opinion of English lawyers, but 
 did not apply to American laws. 
 
 Mr. Sayles said — We have adopted the English common law. 
 
 The Court. — Only to a limited extent. 
 
 Mr. Sayles then cited from " Chitty's Criminal Law," vol. iii., which says, 
 14 that the piracy must be distinctly proved to have been committed on the 
 high seas, or the defendant is entitled to an acquittal." According to that 
 law the admiralty had no jurisdiction within the limits of any county or 
 city. The counsel then proceeded to appeal to the reason of the jury, and 
 lay the facts before them. It was a case of great importance, not only 
 to the federal government and to the community, but also to the unfor- 
 tunate prisoner at the bar, and he called upon the jury to elevate their 
 minds above outside prejudices. A supposed tragedy had been committed 
 in the lower bay, and the government had undertaken to show, by cir- 
 cumstantial evidence, that this is the man who perpetrated it. Counsel 
 referred to the nature of circumstantial evidence, and alluded to the re- 
 cent case in this court, where some half dozen witnesses swore positively 
 to a man named Williams for post-office robbery, and subsequently swore 
 as positively against another man, who was convicted. 
 
 Mr. Hunt, in reply, directed the court in support of the jurisdiction of 
 the United States courts over the lower bay. 
 
 Mr. Graves, for the defence, referred to the case of the two Bournes, 
 
ALBERT W. HICKS, THE PIRATE. 37 
 
 in Vermont, who confessed to the crime of murder, but were afterward 
 proved to be innocent. The evidence against Hicks was entirely circum- 
 stantial, and of such a character as to render it very uncertain ; but the 
 most astonishing thing about the prosecntion was the charge that this one 
 man should kill these three men, powerful as they were, and not receive 
 & single scratch. There must have been a terrible struggle ; blood was 
 spattered over the ceiling, blood everywhere, but no blood on him, no 
 mark of violence on his person. 
 
 Mr. Hunt remarked that the only questions of law upon which there 
 had been any dispute, were ruled upon by the Court, and he had nothing 
 further to say. 
 
 Mr. Dwight then proceeded to sum up on the part of the government. 
 He had hoped that there might have been some chance of the innocence of 
 the prisoner found in the course of the trial. But he had been disappointed ; 
 nothing which had been asserted by the witnesses for the prosecution had 
 been contradicted. No attempt had been made to break any one link in the 
 chain of the evidence. The defence would endeavor to induce the jury to 
 believe that Capt. Burr parted with his watch, which he had carried for 
 nine years, to a pawnbroker ; that Smith Watts had parted with the clothes 
 which his aged mother had put up for him ; that Oliver Watts had parted 
 with the daguerreotype of the girl he loved. The time had not yet come 
 when Yankee sailor boys gave up the pictures of " the girls they left behind 
 them " without a struggle. Mr. Dwight then clearly and concisely reviewed 
 the whole case and the testimony, giving a painful but graphic description of 
 that dread night when this triple deed of blood was perpetrated, and con- 
 cluded thus : Gentlemen, I have occupied your time longer than I intended, 
 and I have but one word further to say. If this prisoner is not proven 
 guilty of the crime against him, he is of course an innocent man. If there 
 is in the breast of any of you one doubt concerning his guilt — one reasonable 
 doubt as to his having committed this robbery of George H. Burr, as set 
 forth in the indictment, in God's name give him the benefit of that doubt. 
 It is his sacred privilege, and it is just as much his right as he has a right to 
 his life or his liberty. If you have any doubt upon considering the evidence, 
 give him the benefit of that doubt, or any which you may have. But, gen- 
 tlemen, if through the five days of this trial there has crept into your minds 
 a conviction that he is the man, and if that conviction has been strengthened 
 by the evidence which has been adduced and placed before you — that no 
 other but he had committed this crime, then I say that his conviction is the 
 property of the government, and I charge you to give it to the government. 
 Here, in your seats, where you have sat during these five days listening to 
 the opening and the testimony, and the closing upon the part of the govern- 
 ment — here, in your very seats, I charge you to give the benefit of your 
 conviction to the government, and I charge you to do this in your jary box 
 without any hesitation. Gentlemen, there was no hesitation on his part; 
 with that sharp axe he cut down the fair-haired boy, Watts; and then 
 returned and felled the other : and then the death struggle with the captain 
 occurred. Gentlemen, there was no hesitation there ; and if you are con- 
 vinced of his guilt, let there be no hesitation in your rendering in your jury 
 box a verdict against him. There cries from the sands of Islip, "justice ;" 
 from that widow and from that mother. There comes up from the depths 
 of the Atlantic, " from all the ships that float on it, and all that go down ia 
 the great deep " — there comes the cry of "justice." The prisoner equally 
 calls upon you to do justice ; and gentlemen, I ask you, in the name of the 
 government, if you believe him guilty of this crime, which he committed 
 speedily, summarily and devilishly, that you will let your verdict be speedy, 
 Buramary and just. 
 
 During the whole of Mr. Dwight's address, which occupied nearly an hour. 
 
38 THE TRIAL AND CONFESSION OF 
 
 the prisoner was still unmoved; he never winced, but coolly twisted and 
 turned a pen in his hand, pointing it to the table, and scarcely once looked 
 up. 
 
 Judge Smallet said it was now past four o'clock, and he desired to look 
 into some authorities which had been referred to ; he would not charge the 
 jury until morning. 
 
 The Court then adjourned to Saturday morning, at ten o'clock. The 
 prisoner was removed, in irons, by Deputy Marshals De Angelis and Dugan, 
 who had special charge of him, and who kept a sharp watch that he should 
 have no rrieana of suicidal death at hand, nor make any effectual effort 
 to escape. 
 
 The court-room was, as it had been every day during this extraordinary 
 trial, densely crowded. 
 
 Sixth Day. 
 
 THE VERDICT. 
 
 Judge Smalley charged the jury. He instructed them that the case was 
 clearly within the jurisdiction of the Court, the occurrence having taken 
 place in the harbor. The jury retired at 10:36, and after having been out 
 seven minutes, returned and announced that they had agreed upon a verdict. 
 The prisoner was directed to stand up, which he did readily, exhibiting little 
 or no emotion. In a scarcely audible voice the foreman then announced 
 that the jury found him Guilty of the crime with which he was charged. 
 Hicks appeared to be somewhat stupefied by the announcement, but resumed 
 his seat again when the counsel told him to. The Court then remanded him 
 for sentence, and he quietly held out his hands for the handcuffs. His 
 counsel, Mr. Eagles, then asked the Court to set some time in which to make 
 a motion for arrest of judgment. Judge Smalley designated 10 a.m. on 
 "Wednesday as the time for making such motion. Hicks was then conducted 
 back to the Tombs by the officers having him in charge. 
 
 A motion for a new trial was afterward argued and denied. Immediately 
 after decision, the sentence of death was passed upon him, the day fixed for 
 his excution being Friday, the 13 th of July, on Bedloe's Island. 
 
ALBERT W. HICKS, THE PIRATE. 39 
 
 THE 
 
 CONFESSION OF ALBERT W. HICKS, 
 
 •PIEATE AND MUEDEEEK. 
 
 OFriCK U. S. Mabshal, Southern District of New York. 
 
 I hereby certify that the within Confession of Albert W. Hioks was 
 *ade by him to me, and that it is the only confession made by him. 
 
 Lorenzo de Angelis, Deputy U. S. Marshal. 
 July 9, 1860. 
 
 After his sentence, Hicks seemed to lose that firmness which he had 
 hitherto manifested. His reckless indifference left him, and in place of 
 the stolid look which had marked his face from the time of his arrest, 
 an appearance of deep anxiety gave token that he had abandoned the 
 hope which had supported him, and that dread of his approaching 
 fate, if not remorse for his crimes, had taken possession of him. 
 
 He seemed to dread being left alone, and often besought his keeper 
 and the warden of the prison to keep him company in his cell. He was 
 frequently found in tears, and on being questioned as to the cause of 
 his grief, expressed a deep anxiety in regard to the future of his wife 
 and child, about fifteen months old. 
 
 He was often begged to make a free confession of his crimes, and 
 though at first he stoutly denied having anything to confess, he at last 
 sent for Mr. De Angelis, and offered not only to confess the crime 
 of which he stood convicted, but also to give a history of his whole 
 life in detail, from his childhood up to the time of his arrest, on condi- 
 tion that the confession should not be published until the day of his 
 execution, and that all the proceeds arising from its sale should be 
 given to his wife. 
 
 This was agreed to by Mr. De Angelis, and accordingly, on the 13th 
 of June, that gentleman, accompanied by an amanuensis, visited Hicks 
 in his cell, and there listened to his confession, which is given below in 
 
40 THE TRIAL AND CONFESSION OF 
 
 the precise order in which he related it, though not in his own words, 
 his command of language being exceedingly limited. The true spirit 
 of the narrative is strictly preserved, however, and wild, monstrous, and 
 terrible as the details are, there is no doubt of their truth. 
 
 After Mr. De Angelis and the amanuensis had taken seats, Hicks 
 being seated upon his iron bedstead, proceeded as follows : 
 
 I can stand it no longer. I had hoped that I should carry the 
 secrets of my life with me to my grave. I never thought that I should 
 sit here in my cell crying like a baby, over the remembrance of the 
 past, or that my heart would flinch at meeting any fate in store for me. 
 
 I fancied I bore a charmed life, and that having heretofore escaped 
 so many dangers, I should find some loop-hole through which to creep 
 now, or that something would turn up in my favor which would lead to 
 my escape from the mesh into which I had fallen. 
 
 I have long felt as though I were the Devil's own, and that though 
 he had served me so many years, I must at last be his ; still I imagined 
 he would not claim me yet, but allow me to do his work for a time 
 longer. He has stood by me all my life, on ship and on shore ; amid 
 the howling storms of the ocean, where every moment the waves 
 threatened to ingulf me, he has snatched me from their deadly em- 
 brace ; on the battle-field, in many a hand-to-hand fight he has seemed 
 to stand by my side, protecting me from danger ; and when I have been 
 in the hands of my enemies, and escape has appeared impossible, he 
 has, until now, invariably opened the way for my release. But at last 
 he has deserted me ; in vain I call upon him, he will not answer me ; 
 and I dare not call on God, for what pity should he show a guilty 
 wreteh like me ? 
 
 For years conscience has slumbered ; I have not heard her voice 
 at all. No deed of desperation has seemed to me too desperate ; no 
 crime has seemed too dark or bloody. My soul seemed dead to all 
 remorse or dread, and fear has been a feeling which, until now, I have 
 never known. 
 
 But in this lonely cell, away from all the excitements which have 
 always been the support of my restless nature — within these solemn 
 walls, where I see none but those who guard me, or those come to look 
 at me, as upon some wild beast ; here, where no sounds fall upon my 
 ear bat the footsteps of the keeper, as he paces with measured tread 
 the long corridor outside, or harsh, discordant clank of heavy doors 
 slamming, or the grating of bolts and the creaking of hinges — con- 
 science, so long dead, has at last awakened, and now stings me with 
 anguish, and fills my soul with dread and horror. 
 
ALBERT W. HICKS, THE PIRATE. 4] 
 
 I look back upon my way of life, and see the path marked with blood 
 and crime, and in the still midnight, if I sleep, I act the dreadful scenes 
 anew. Again I imbrue my hand in the red blood of my victims; 
 again I rob the unsuspecting traveller, or violate the most sacred sanc- 
 tities of life, to satisfy my greed of gold, or headstrong, unchecked pas- 
 sions ; and if I wake, I seem to see my victims glaring at me through 
 the gloom of my cell, or hear them shriek aloud for vengeance on my 
 guilty head. 
 
 The past is one great horror ! The future one dread fear. A heavy, 
 insupportable weight is on my heart, and I feel as if, did I not reveal 
 its fearful secrets, I should go mad. 
 
 But I have resisted the impulse until now, and would die and tell no 
 tales, but that the history of my life may serve as a warning to man- 
 kind, and may benefit my wife, perhaps, though it will make her bow 
 her head in deep shame over the crimes of him who is the father of her 
 child. 
 
 I feel that after I have unburdened myself of the secrets of my life, I 
 can die easier, and meet my fate like a man;' and though I may go to 
 the gallows without hope, without repentance, without any evidence of 
 aught but misery hereafter, the thought that the sale of this, my Con- 
 fession, will perhaps keep the mother of my child from dependence on 
 such cold charity as the world would show a murderer's wife, will make 
 me stronger to bear the inevitable doom which is now awaiting me. 
 
 For my own sake I would not have done this; but for the sake of 
 her whose fate I have linked in life to mine, and for the sake of the 
 poor little child, who I trust will never know who was its father, I give 
 to the world the wretched 
 
 STORY OF MY LIFE. 
 
 I was born about the year 1820, in the town of Foster, State of 
 Rhode Island. 
 
 My father was a farmer, and had seven sons, of whom I was the 
 youngest but one. 
 
 I worked on the farm until I was fifteen years of age, and though I 
 had opportunities of receiving the benefit of public instruction, I never 
 attended school, or profited by the advantages offered me to improve 
 my condition in life by any honest or legitimate means. 
 
 I was naturally of a wild, restless, reckless disposition, fonder of 
 wandering about the fields, or lounging by the brook side, than follow- 
 ing habits of industry, and among my companions was noted for my 
 
42 THE TRIAL AND CONFESSION OF 
 
 headstrong, imperious manner, and was always foremost in all youthful 
 frolics and scrapes, never feeling satisfied unless I could outdo my com 
 panions in any enterprise of fun or mischief. 
 
 My only ambition was to be rich; but I had no desire to acquire 
 riches in the plodding way in which our neighbors went through life; 
 my dream was to become suddenly rich by some bold stroke, and then 
 to give free reins to the passions and desires which governed me. 
 
 I never, even as a boy, hoarded money. I did not care for the mere 
 possession of it. It was only valuable to me as the means of gratifying 
 my passions. 
 
 I used to wish that I could find the pots of gold and silver which 
 rumor said had been buried in our neighborhood by pirates and rob- 
 bers, and used to listen with rapt attention to stories of pirates, rob- 
 bers, highwaymen, etc., which my companions used sometimes to 
 relate. 
 
 My father compelled me to work, and though I had no taste for it, 
 when ©nee in the field my ambition to excel always brought me out 
 first at the end of the row or swath, and having some mechanical skill, 
 I was often called upon to do jobs about the farm which saved calling 
 upon the wheelwright or carpenter. 
 
 But by the time I was fifteen years of age I grew tired of the mono- 
 tonous life I had been leading, and my desire to roam and see the 
 world, and seek my fortune, took entire possession of me ; so I began 
 making my preparations to run away. I got together a small sum of 
 money, by hook and by crook ; and one night, after all were asleep, I 
 stealthily left the house, and took the road to Providence, from whence 
 I proceeded to Norwich, Conn. 
 
 Here I took the first important step in that career of crime which 
 has made me a prisoner in this cell, and which will lead me eventually 
 to the gallows. 
 
 After arriving at Norwich, I wandered about, seeking not employ- 
 ment, but some means of gratifying my desire for money in an easier 
 way ; and during the day I strayed into the railroad depot, where I 
 observed a number of trunks, packages of goods, etc., a part of which 
 I determined to appropriate to myself. I hung about the depot until 
 night, and then watching my opportunity, I seized a package of goods ; 
 and leaving the depot in all haste, made my way outside of the town 
 to some woods, where I examined the package, which contained laces 
 and silks . I secreted some of the things about me ; and, not knowing 
 any one to whom I could dispose of them there, I determined to go 
 back home, which I reached in the course of a few days. 
 
ALBERT W. HICKS, THE PIRATE. 43 
 
 My parents were very angry with me, and tried to learn where I had 
 been ; but I kept a still tongue, and sold the goods secretly to a ped- 
 dler who stopped at the house. 
 
 But the goods were missed, and, as I had been seen prowling about 
 the railroad station, suspicion naturally fell on me ; and the officers 
 having no difficulty in getting on my track, I was followed and ar- 
 rested one night at my father's house, after I had been in bed some 
 time. 
 
 I was fast asleep ; the officers awoke me, and putting a pair of hand- 
 cuffs on me, carried me back with them to Norwich, where I was tried 
 and sentenced to a year and six months' imprisonment in the Nerwijch 
 jail. 
 
 I remained in confinement about three months, when I managed to 
 make my escape, and went to Lowerpart, Gloucester, Rhode Island, 
 where I went to work on a farm. But my whereabouts was discovered, 
 and in six weeks from the time of my escape I was re-arrested and 
 taken back to Norwich jail, and put to work in the quarries, with a 
 ball and chain fastened to my leg. 
 
 I had been at work a month in this way, when one day, by means 
 of a stone hammer and chisel, I broke the chain from my leg, and run- 
 ning off, made for the woods, pursued for some miles by a strong 
 party of officers. 
 
 I took refuge in a house by the roadside, and had the satisfaction of 
 seeing them go by at full speed, supposing me to be still ahead of them. 
 
 As soon as they had passed, I left the house and took to the woods, 
 where I remained hid in some bushes until night, when I came out and 
 took the road to Providence. 
 
 Early the next morning I was stopped on the way by a man on 
 horseback, who knew me to be an escaped convict by the clothes I 
 wore, not having had an opportunity of changing them. 
 
 As soon as I saw him, I made for the woods by the side of the road. 
 He dismounted and followed me, and, being a good runner, had nearly 
 overtaken me, when I turned and stood at bay. 
 
 We had a long and terrible struggle in the mud and water of the 
 swamp, he all the time shouting at the top of his voice for assistance, 
 which brought the neighbors to his aid before I could effect my deter- 
 mination to kill him, which I had fully made up my mind to do rather 
 than allow myself to be taken. 
 
 I was, of course, overpowered by numbers, and after being safely 
 bound, was reconducted back to Norwich, where I was punished and 
 kept in close solitary confinement for more than a year. 
 
44 THE TRIAL AND CONFESSION OF 
 
 During this confinement, it seemed as if every wicked quality of my 
 mind was brought out in full activity. I used to sit and plan all sorts 
 of desperate schemes, and a feeling of the most unquenchable vengeance 
 took possession of me. For I fancied myself persecuted, wronged and 
 ill-treated ; I imagined the world had declared war against me, and I 
 determined, as soon as my term of imprisonment should expire, to war 
 in turn upon the world. 
 
 At last the long wished for end of my imprisonment came, and I was 
 discharged. Swearing vengeance against the whole human race, I left 
 the jail and went back to my father's house, where I remained for a 
 short time and then went to Lower Gloucester, where I went to work 
 in a shoe manufactory, having learned that trade during my confine- 
 ment in the Norwich jail. 
 
 But this hum-drum sort of life was little suited to me, and besides, I 
 felt so incensed against mankind that I found it impossible to restrain 
 my thirst for vengeance on society for the fancied wrongs it had done 
 me, so I resolved to go again out into the world ; and going to Provi- 
 dence, an old shipping master, by the name of Chittel, shipped me on 
 board the whaleship Philip Tabb, bound to the northwest coast of 
 America. The ship belonged to Warren, K. L, where I joined her in 
 the course of a few days. 
 
 I no sooner got on board than I began to make mischief among the 
 grew, among whom I got up a series of rows and fights. I gratified my 
 wicked and evil propensities with a total disregard of consequences 
 either to them or myself. I had no fear, nor did I care for anybody or 
 anything. 
 
 The captain was in a great hurry to sail, and not wishing that he 
 should for a few days, when we reached Newport I incited a mutiny, 
 which resulted in a fight, in which the mutineers got the worst of it, 
 and two men were sent ashore in irons. 
 
 The captain thinking that he had rid himself of the ring-leaders — 
 although the men sent ashore were really the most innocent of the 
 crew — again set sail and proceeded on the cruise. 
 
 For a few weeks everything went on smoothly enough, but in a short 
 time I succeeded in sowing dissatisfaction among the crew, which in the 
 end led to another mutiny ; my idea being, if possible, to get possession 
 of the ship. 
 
 The captain and mates triad first to quiet the men by fair words, but 
 failing by these means to get them to resume their work, they armed 
 themselves, and a hard and desperate fight took place in which the 
 captain and first and second mates were very badly cut with knives and 
 
ALBERT W HICKS, THE PIRATE. 4i 
 
 axes. The mutineers were, however, again subdued, and two of them 
 were put in irons. I played my cards so well, that notwithstanding I 
 had incited the whole affair, and was in all respects responsible for it, 
 the captain did not suspect the part I had taken, and I escaped un- 
 punished. 
 
 When we arrived at Wahoo, Sandwich Islands, the mutineers who 
 had been put in irons, were whipped with the cat, on board ship, till 
 they were nearly dead. While we remained in port, the captain think- 
 ing to gain the good will of the crew, permitted us to go on shore nearly 
 every day, and the men would have been well disposed toward him if 
 I had not continually poisoned their minds against him. 
 
 While on shore I engaged in every kind of wickedness ; I robbed and 
 beat the natives, and was finally taken by the authorities and locked up 
 until the vessel was ready for sea. 
 
 I imagined that I had been arrested at the instigation of the captain, 
 and I determined that as soon as we were once more in blue water, I 
 would be revenged upon him for it, but no opportunity occurred before 
 we reached our cruising ground, where we only took one whale, and 
 were then obliged to put back to Wahoo for repairs, the ship being 
 leaky. 
 
 On our way back, one of the boat-steerers having been observed in 
 conversation with me by the captain, was questioned in relation to the 
 subject of it, which he refused to disclose. The captain then commenced 
 to abuse the boai-steerer, and from words they soon came to blows. The 
 boat-steerer, who was more than a match for the captain, would have 
 overpowered him, but that the first mate interfered. He no sooner 
 did so, than seizing a belaying-pin, I felled him to the deck, and the 
 other officers coming up, a general fight took place. 
 
 The boat-steerer and myself succeeded in giving them a severe beat- 
 ing, and had complete possession of the ship, for the rest of the crew 
 were afraid of us, and did not dare, even if they had been disposed, to 
 take sides with the officers, whom we drove below, with the exception of 
 the first mate, who still lay insensible upon the deck. 
 
 After this, the boat-steerer and myself held a consultation, and had 
 we been navigators, which we were not, it being our first voyage, or 
 had we even known where we were, or what course to sail, we should 
 have murdered all the officers, and taken the ship. 
 
 Two days afterward, on coming on deck, we found the ship was 
 approaching land, and a number of vessels in sight, which forced us to 
 alter our plaus. So we released the officers, who brought the ship to 
 anchor in the harbor of Owahie, S. L, where we remained about 
 
46 THE TRIAL AND CONFESSION OF 
 
 a week, none of the crew being allowed to go on shore, and the boat- 
 steerer and myself, knowing that while in port, and in sight of 
 other vessels, the captain had us in his power, and could at any time 
 have punished us, asked forgiveness, and stood upon our good 
 behavior until we put to sea again, after repairing ship. 
 
 On our way out we touched at the Marquis Island, and then cruised 
 a season on the whaling ground ; but, not being successful, we left, and 
 went into Typie Bay. 
 
 One day, having permission to go on shore with the boat-steerer and 
 some of the crew, we landed on one of the islands for the purpose 
 of procuring cocoa-nuts and wild figs, with which the place abounded. 
 
 After securing as many figs and nuts as we wanted, we were about 
 returning to the ship, when we were attacked by the natives. 
 
 A desperate fight took place. We killed a number of the natives, 
 and succeeded in driving off the rest, and thus having a taste for 
 blood, and the demon in me being fully aroused, I suggested to the 
 boat-steerer, that this would be a good time to kill the officers, and 
 take the ship. He agreed to the proposition, and so did those who 
 were with us, and it was arranged that as soon as we were on board, 
 each should select his man — kill him at once, and then put to sea, 
 steering as well as we could for the western coast of America. 
 
 There were two boats. The boat-steerer and myself being in one, 
 with a portion of the crew, and the balance of the party in the 
 other. 
 
 Our boat reached the ship last, and when we got on board we found 
 the officers armed and fully prepared to receive us. It was evident we 
 had been betrayed, and I afterward learned that one of the men in the 
 first boat informed the captain of our intentions as soon as he arrived 
 on board. 
 
 As soon as our feet trod the deck a bloody and desperate fight 
 ensued, in which the officers were assisted by a portion of the crew, and 
 they finally succeeded, though not without being severelly wounded, in 
 disarming and securing the boat-steerer and myself, and put us in double 
 irons. 
 
 They kept us it the run of the ship until we touched at Wahoo, when 
 we were set ashore. 
 
 We were no sooner on land than we gave free vent to all our pas- 
 sions and desires. There was not a day went by we did not commit a 
 robbery, and had it been necessary we should not have hesitated to 
 have added murder to our other crimes. At last we were taken and 
 locked up until the ship was ready for sea again, when we were sent on 
 
*. ALBERT W. HICKS, THE PIRATE. 4 T 
 
 board and kept in irons until we arrived at an island — the name of which 
 I do not now remember- -where we were allowed to go on shore, and got 
 into a fight with the natives, who succeeded in driving us to our boats. 
 
 Daring our stay here another disturbance and mutiny was organized 
 by me, in which the officers were disabled, and the ship having again 
 become leaky we put back to Wahoo, where she was condemned 
 and the crew discharged ; myself and the boat-steerer making our 
 escape to the interior to avoid the consequences of our mutinous 
 Gonduct. 
 
 For a long time we led the life of freebooters, robbing and plunder 
 ing wherever we went, and dissipating the proceeds of our robberies in 
 the wildest debauchery. 
 
 At last I was taken, and, for the third time, incarcerated in the 
 prison at Wahoo, but was released through the intercession of the cap- 
 tain of a Dutch ship, the Villa de Poel, of Amsterdam, who gave me a 
 berth on board. 
 
 We sailed for the Bay of Magdalina, California, where we took a 
 right whale, and when we had towed him along side the ship a quarrel 
 took place between me and the mate. We had a desperate fight, but 
 they overpowered me and put me in irons. 
 
 But the second mate and myself had previous to this opened our 
 minds to one another, and finding we were of the same way of thinking, 
 we became warm friends. 
 
 He was an American, a native of Boston, and he succeeded in pro- 
 curing my release, and put me on as boat-steerer. 
 
 The second mate and myself finding that we should stand no chance 
 in case of trouble, the whole crew with the exception of ourselves being 
 Dutch, resolved to leave the ship on the first opportunity which pre- 
 sented itself. 
 
 We had not long to wait, for one night when we were lying to, 
 near shore, on which a tent had been pitched, we armed ourselves with 
 pistols and cutlasses, and taking a boat from the davits, we dropped 
 into it quietly and went ashore, taking possession of the tent. 
 
 In the morning our absence was discovered, and a boat was sent from 
 the ship to bring us on board, but being well armed we would not allow 
 them to land, and they were obliged to go back. Another boat came, 
 but we resolutely refused to go back and would not allow them to land 
 until the captain had agreed to pay us off and give us our discharge. 
 This, after some parleying, he consented to, and we took the ship's boat 
 and put out into the bay, where we boarded and joined the barque 
 Fanny, of New Bedford. 
 
45 THE TKIAL AND CONFESSION OF 
 
 We sailed immediately for Cape St. Lucas, California, and not meet 
 ing with any success, proceeded to the Bay of St. Josephs, where we left 
 the ship, and after the lapse of a few years, during which time I passed 
 through a series of adventures almost too numerous to mention, and the 
 details of which would fill a volume, we found ourselves in Lower Cali- 
 fornia about the commencement of the Mexican War. 
 
 We remained here about a year, living a wild, guerrilla life, plundering 
 all who promised anything like booty, and never hesitating to take the 
 lives of such as resisted us or were likely to betray us. We spared 
 neither sex nor age. How many times, during this period, I dyed my 
 hands in human blood, I do not know. No prayers, no entreaties moved 
 us ; it seemed as if my heart was dead to every human feeling, and was 
 a stranger to pity and every soft emotion. 
 
 Often at midnight, when all nature slept, and none were abroad save 
 the wild beasts and we wilder men — the former not so much to be 
 feared as we, nor yet so cruel — for while they only sought their natural 
 prey, in obedience to a natural instinct, we preyed upon our fellow-men, 
 in violation of every natural sentiment — I say, often at the dead hour 
 of the night have I and my companion stealthily approached some 
 house, previously selected for our purpose, and breaking in upon the 
 fancied security of the inmates, killed them as they slept. 
 
 The old man, whose grey hairs glistened in the moonlight, and whose 
 venerable presence might have touched any hearts but ours ; the little 
 children, locked in each other's arms, dreaming of butterflies and flowers 
 and singing birds ; the young man and the just budding woman, the 
 fond wife and the doting husband, all fell beneath my murderous hand, 
 or were made the shrieking victims of my unholy passion first, and then 
 glaughtered like cattle. 
 
 During this time my gains were large, but we squandered all our 
 money in the various towns in gambling, drinking, and with prostitutes, 
 never once feeling remorse for what we had done, but ever ready for 
 some new deed of horror the moment the proceeds of our last crime 
 were spent. 
 
 Cunning and shrewd as we were, however, suspicion at 'last fell upon 
 us, and we were obliged to leave the country. While we were waiting 
 on the coast for an opportunity, the U. S. storeship Southampton 
 came into port ; we shipped on board of her and went to Monterey, 
 Santa Cruz Bay. 
 
 Having accomplished my object in escaping from the scene of my 
 late depredations, and having arrived at a place where neither my past 
 life was known nor my present purposes suspected, I resolved to leav« 
 
ALBERT W. HICKS, THE PIRATE. 49 
 
 the Southampton at the earliest possible moment ; and finding on con- 
 sultation with my partner, the boat-steerer, that he was of the same 
 mind, we began to keep an eye to windward for chances. 
 
 One night, when I thought circumstances favored our project, I let 
 my hat drop from a gun-port, as if by accident. The marine on duty 
 was walking the poop deck, but it being a foggy night, he did not see 
 us as I hauled the boat from the swinging-boom alongside under the 
 bow, and myself and partner got in and pulled for the shore. 
 
 The noise of the oars attracted the attention of the sentry, and he 
 and the captain both fired at us, without effect, and the store-ship 
 Lexington, which was lying close by, fired a gun loaded with grape, 
 which struck the boat just as we landed, knocking it all to pieces, but 
 doing us no injury. As soon as we landed, we made for the woods, 
 being obliged to pass a fort filled with American soldiers, who fired 
 upon us without effect, so that we were enabled to reach the shelter 
 of the wood unharmed. 
 
 We remained in this wood for a few days, and then travelling on, 
 we reached the city at night, where we stole horses and made for the 
 mines. 
 
 We had not ridden far before we met two travellers, who were 
 returning from the diggings. As they approached us, we stopped ; 
 and when they were about passing us, we drew our pistols, and bade 
 them stand and deliver. They made no resistance, but quickly trans- 
 ferred such dust, nuggets, and other valuables as they had about them 
 to our keeping, when we bade them good day, and allowed them to 
 proceed upon their journey. 
 
 Arriving at the Salina plains, we stopped at a house over night, 
 where we committed a robbery, and continued our journey the next 
 day to the gold mines. 
 
 On our arrival there, we went about from claim to claim, and from 
 diggings to diggings, adding to our store of dust by robbery and mur- 
 der ; and though we were perfectly reckless of consequences, and car- 
 ried on our operations in the boldest manner, we escaped detection, 
 though we did not avoid suspicion, and were more than once in danger 
 of expiating our crimes by sentence of Judge Lynch. 
 
 I have no doubt that during this period, many of the crimes attri- 
 buted to the notorious Joaquin, and other robbers, were committed by 
 us ; but the devil, whose work we were so industriously doing, seemed 
 to protect us, and for more than a year we pursued our career of blood 
 and crime with impunity. 
 
 Having by this time accumulated sufficient dust to satisfy our desire, 
 
50 THE TRIAL AND CONFESSION OF 
 
 besides that which we had squandered in gambling in the various min- 
 ing towns and districts, we made our way to San Francisco. 
 
 We had as much gold as I could lift from the ground with one arm, 
 which, upon our arrival in San Francisco, we exchanged for coin, and 
 then commenced a long period of debauchery and licentiousness. 
 
 Every bar-room was at that time a gambling-place. The laws were 
 loosely administered, and the only code really recognized was that of 
 might. 
 
 Among the lawless, there were none more lawless than I ; among the 
 profligate and depraved, none more so than I ; among the reckless and 
 desperate, none were more reckless or so desperate as I and my com- 
 panion. 
 
 The bar-room, the brothel, and the monte table, were the only at- 
 tractions for us, and for six months we led the life of demons, leaving 
 no bad impulse, no fiendish purpose, no gross passion, nor any wicked 
 design, ungratified or unaccomplished. 
 
 After our money was all gone, and we began to be marked and sus- 
 pected, we shipped on board of the brig Josephine — a Spanish vessel, 
 bound for Valparaiso, and having on board a large amount of treasure, 
 consisting of gold-dust and Mexican doubloons. 
 
 One night, while we were coasting down, myself and partner having 
 completed our arrangements, armed ourselves, and going into the cabin, 
 gagged and bound the captain and officers, and placed them in a boat, 
 compelling the crew to follow, leaving us in possession of the ship. 
 
 We then collected all the treasure, which we placed in the boat we 
 had reserved for ourselves, when we scuttled the vessel and set fire to 
 her. 
 
 What became of the officers and crew I never heard, but the owners 
 of the brig Josephine, should they ever read my narrative, will learn, 
 for the first time, the news of her real fate. 
 
 After seeing the vessel burn to the water's edge, we pulled away, and 
 favored by fine weather, we arrived within a short time at Mazatlan, 
 having in our possession nearly or quite a hundred thousand dollars in 
 dust and doubloons. 
 
 Here we purchased a hotel and bowling alley, and for a year and a 
 half carried on business, occasionally indulging in my old propensities, 
 and never missing a chance of appropriating to my own use such pro- 
 perty or effects belonging to the travellers who stopped with us, as I 
 could lay my hands on, occasionally taking to the road and waylaying 
 those whom it would have been imprudent to have robbed while they 
 were in the town. 
 
ALBERT W. HICKS, THE PIRATE. 51 
 
 But though our business flourished, and we might, had we exercised 
 ordinary pruden ce, have grown rich and lived honestly, our propensities 
 for gambling, carousing, and every sort of vile dissipation, ran away 
 with our ill-gotten gains, and by the time eighteen months had elapsed, 
 we were forced to abandon our hotel and take to our old business of 
 robbing and murdering, until we were forced to fly to escape punish- 
 ment, and once more took to the highway. 
 
 The scene of our operations was the road leading from the mines, 
 where we stopped the mules, murdered the conductors, and took such 
 silver as they had in charge. 
 
 We came by these means into possession of large amounts of silver 
 in bars, which being altogether too heavy for transportation, we were 
 obliged to bury, and went back to Valparaiso. 
 
 At Mazatlan there lived a Chinaman by the name of Bill Cassa. He 
 kept a public house, and being a reckless, unprincipled sort of fellow, 
 and fond of money, although he was already rich, we selected him to 
 become the purchaser of our hidden wealth. So, putting up at his 
 hotel, we commenced sounding him, and finding his curiosity and avarice 
 excited by our hints of hidden treasure, we at last offered to guide him 
 to the spot where it was buried, provided he would pay us a sufficient 
 sum of money in gold for the secret. 
 
 He agreed to this proposition, but the cunning fellow refused to take 
 any money with him upon the journey, so that we were obliged to 
 depend upon his honor for keeping any bargain he might make with us 
 after seeing the amount of silver we had for sale. Had he taken the 
 money with him, we should have been obliged to look for another 
 customer, for we should have murdered him and possessed ourselves of 
 all he had. I suppose his confidence in us was not over large, and so 
 he would not consent to give us anything until after we had shown him 
 the spot where the silver was buried, and should have returned to 
 Mazatlan. We started with him at night, and by morning reached the 
 spot. After examining the silver, which must have been worth at least 
 a hundred and fifty thousand dollars, he agreed to give us $25,000 in 
 gold for it. We consented to this, and going back to Mazatlan we 
 received our money, and went to Valparaiso, where we opened a board- 
 ing house, but at the end of a year we had gambled and spent nearly 
 all our money, and so took again to our old career, working on the 
 road between Valparaiso and the mines, where we robbed the mule 
 trains as before, murdering the conductors, and thus coming into pos- 
 session of a very large amount of silver in bars. After we had accu- 
 mulated as much as we thought would serve our purpose, we went to a 
 
52 THE TRIAL AND CONFESSION OF 
 
 small village called Sueda, in the neighborhood of the mines, and there 
 sold the buried metal to a Spanish merchant, named Don Juan Alte, 
 for $15,000, when we returned to Valparaiso and took passage on board 
 the bark Maria, of Baltimore, Captain Mattison, bound to Rio Janeiro. 
 
 Nothing of particular interest occurred on our voyage to Rio, but 
 after staying there six or seven weeks, and spending nearly all our 
 money in gambling and debauchery, we took the road between Rio and 
 Montevideo, where we robbed all worth robbing, and murdered all who 
 resisted us. 
 
 There is many a whitened skeleton bleaching by that roadside now, 
 on the same spot where it fell by my murderous hand ; and the traveller, 
 as he rides along, sees many a place where the grass grows taller and 
 greener than that which surrounds it ; but he little dreams that its 
 roots are enriched by the blood shed by me. If I should travel that 
 road now I should have plenty of ghostly company, for, though dead men 
 tell no tales, and are but dead to all the world beside, to me they are 
 now living horrors, and will insist in keeping company with me. 
 
 I remember one day that, a few miles from Montevideo, we attacked a 
 man and three women, all of them being on horseback. We robbed 
 them, and should have killed them all, but the women were beautiful, 
 and for once I allowed my heart to yield to the soft feeling of pity, and 
 we did not murder them. 
 
 I shall never forget the look of these poor frightened creatures kneel- 
 ing at my feet, praying me to be merciful, while my partner, Tom 
 Stone — that was his name, I do not think I have mentioned it before — 
 stood a few feet off, with his pistol at the head of the man who was 
 gradually divesting himself of everything valuable he had about 
 him. 
 
 One of the women wore half-a-dozen magnificent diamond rings, and 
 the other carried two gold watches set with diamonds, besides other 
 trinkets of great value. These I made them take off, and give to me ; 
 after which, I intended to have ravished and then killed them ; I 
 hallooed to Tom to get rid of the man, and come and toss for the choice 
 of the women — but the younger one of the two, though I spoke in 
 English, seemed to be aware, as if by instinct, of our designs ; she 
 started suddenly up, and with a bound sprang to the side of her 
 husband, and clung to him in such a way that Tom could not kill him 
 without killing her also. I seized the other woman, and was about to 
 execute my hellish purpose upon her, when, with tears and prayers 
 she besought my pity, and begged for mercy, but I was deaf to all 
 her prayers, and was again about to seize her, when she sprang from 
 
ALBERT W. HICKS, THE PIRATE. 53 
 
 me, and like her companion, clung to the man. I followed her, and 
 both the women, as if by one impulse, again fell on their knees, and 
 besought us to spare them. 
 
 I do not know how it was, but my heart softened for once, and I 
 stopped Tom's hand just as he was going to pull the trigger on the man, 
 who now stood alone, with his arms folded, awaiting his fate. Tom 
 looked astonished, but put up his pistol with an oath, and after some 
 demurrer, agreed with me to let them all depart without further harm. 
 I even assisted them to catch their horses, which they mounted, and 
 rode back with all the speed they could toward Montevideo. Ten 
 minutes after they had gone I felt sorry, and thought I had acted like 
 a fool. 
 
 After this adventure, I felt in continual fear of detection, and as we 
 had accumulated by our robberies a sum not less than a hundred and 
 fifty thousand dollars in money, jewels and trinkets, we transported our 
 plunder by degrees to Rio, where we remained a few weeks enjoying 
 ourselves, and then took passage for Buenos Ayres, where we remained 
 a year, gambling and robbing as usual. 
 
 We had not spent all our money, but still had a large sum left, 
 which we concealed in our trunks and canvas bags, and shipped on 
 board the bark Anada, of Boston, bound for New Orleans. We did 
 not go as passengers, as we wished to conceal the fact of having so 
 much money in our possession. 
 
 During the passage, and in sight of the West India Islands, a mutiny 
 occurred. 
 
 One of the ship's boys having committed some offence, the captain 
 ordered him to be whipped, and he was tied up aft. His yeljs and 
 screams, as the cat descended on his back, made me mad, and going aft, 
 I cut him down. 
 
 The captain interfered, when I knocked him down with a handspike, 
 and my partner Tom backing me, we went into a general fight, which 
 resulted in leaving Tom and I in possession of the ship. We tied all 
 hand and foot, except the boy I had protected and one man, and then 
 taking the boat, we lowered our chests into it, following them ourselves, 
 and made for the shore. 
 
 We landed upon the Island of Barbadoes, and in the course of a few 
 days went on board of an English brig, the Conova, bound for New Or- 
 leans. Everything went on well until we arrived within fifteen miles 
 of the bar, when the officers, discovering that Tom Stone and I were 
 armed, found fault with us, which led to a disturbance, whereupon we 
 left the ship in a boat, fearing that we should be arrested on our arrival 
 
 4 
 
54 THE TRIAL AND CONFESSION OF 
 
 if we remained on the ship. We landed at the Belize, and in a few 
 days arrived at New Orleans, where we remained for a few months, 
 gambling and carousing. 
 
 From here we shipped for Liverpool on the ship Columbus, Oapt. 
 McSerin. We lost a man overboard during the passage, and the ship 
 went ashore off Waterford in a gale of wind. 
 
 The Columbus went to pieces shortly after she struck, and I believe 
 that nearly all hands were lost ; but I made my way to shore on a 
 fragment of the wreck, and was delighted to find, on reaching a place 
 of safety, that my partner, who had braved so many dangers, and 
 escaped so many other perils with me, had also escaped a watery 
 grave. 
 
 We went into Waterford penniless, but we committed a robbery, the 
 proceeds of which enabled us to reach Liverpool, from whence we 
 shipped in the ship Charles Mallary, of My stick, for Rio Janeiro. 
 
 On the passage, believing that there was a considerable amount of 
 money on board, I used all my endeavors to stir the crew up to mutiny 
 intending, if possible, to kill the officers and make myself master of the 
 lion's share of the plunder, but I could not succeed in bringing matters 
 t© a crisis, although the whole voyage was a series of rows and fights, 
 in which I was generally the principal. 
 
 When we arrived at Rio all hands left the ship but myself and Tom 
 Stone, who were forced to remain, as we were both sick, and as soon as 
 we began to recover they put us both in irons. 
 
 But one day, the mate going on shore, we broke our irons and left. 
 Reaching the city, we remained quiet until the vessel sailed, and then 
 shipped on board of the ship Admiral Granford, of Liverpool, for New 
 Orleans. 
 
 All went on smoothly enough to all appearances, but during the 
 whole voyage I was working quietly among the men, sowing the seeds 
 of discontent and mutiny, which came to a head when we were within 
 about twenty-five miles of the Belize. 
 
 Here a regularly organized revolt took place, headed by me and 
 Stone, in which about one half of the crew were actually engaged. We 
 succeeded in overpowering the officers and such of the crew as sided 
 with them, and after binding them we robbed the ship of all the money 
 and portable valuables we could lay our hands on, and after scuttling 
 the ship and setting fire to her we took to the boats and made for 
 land. 
 
 On reaching the shore we divided the spoils of the robbery, and 
 separated, myself and partner going to New Orleans together, where at 
 
ALBERT W. HICKS, THE PIRATE. 5£ 
 
 the end of a few weeks we again shipped on board of the ship Mobile, 
 of Bath, for Liverpool. 
 
 While we were taking in cargo at New Orleans, we robbed the ship 
 of a quantity of Irish linen ; but on trying to smuggle it ashore we 
 were arrested, but escaped punishment by means of perjured witnesses. 
 After our discharge we rejoined the ship and went to sea. 
 
 But off Blackwater Banks a terrible storm struck us. We had over 
 eight hundred souls on board, and the scene was enough to appall the 
 stoutest heart and make the bravest man shudder. The waves ran 
 mountains high, and the wind blew great gups ; sail after sail was car- 
 ried away, and as we were fast driving in to the Banks, all hope of 
 saving the ship was given up. The poor wretches gave themselves up 
 for lost ; some prayed — some cursed — some shrieked in an agony of 
 fear, and some madly cast themselves into the water and died before 
 their time. 
 
 But during this dreadful panic I felt no fear, for on this occasion, as 
 all through my life, I felt as if I was protected by a superior power, and 
 only thought how I could turn the loss of the ship to account. 
 
 When the ship struck, I watched my opportunity and lashed myself 
 to a large spar, on which I floated for two days, when I was picked up 
 by a pilot-boat and taken into port, as the American Consul at that 
 time will certify. Of the eight hundred passengers on board of that 
 ship not one save me escaped that I ever heard of. The only one 
 whose loss I regretted was my partner, Tom Stone, with whom I had 
 been associated for so many years. He was a brave fellow, with a ready 
 wit and strong arm, ever on hand for any enterprise, no matter how 
 desperate ; and wicked as he was, I believe he loved and would have 
 died for me. 
 
 Well, he has gone to his account, whither I must shortly follow him, 
 and tread the same dark path he trod before me. 
 
 On finding myself safe on shore once more, I shipped on the bark 
 Jeanette, of London, for New York, from whence I went in the 
 schooner Eliza, for Boston. 
 
 On board of this schooner I met a man by the name of Lockwood, 
 whom I found to be in every respect worthy of filling the place made 
 vacant by the death of Tom Stone. He was a strong, wiry man, full 
 of determination, cruel and desperate in his disposition, and totally 
 without fear. I found he had led a life nearly similar to mine, and he 
 thought no more of stealing a purse, or cutting a throat, than I j and, 
 in addition to his other qualifications, was an expert navigator. So 
 the second day out, we laid our plans to rob the schooner and scuttle 
 
56 THE TRIAL AND CONFESSION OF 
 
 her, which we did that night when off Block Island, making our escape 
 in a boat, and leaving all hands to perish. 
 
 We landed on Block Island, and went on board of a sloop bound to 
 Newport, where we shipped on board a schooner, Mescedious,* of 
 Providence, for the West Indies. Nothing particular occurred on the 
 passage, and when we arrived at St. Domingo, we left the schooner and 
 went in a brig to New Orleans, whence we shipped on the schooner 
 Camphene, for the Straits of Magellan. 
 
 When we were at anchor in the Straits one night, Lockwood and 
 myself having previously arranged all our plans, robbed the schooner 
 of alt the money and valuables on board, and after scuttling her by 
 boring holes in her bottom, we set fire to her, while all hands were 
 asleep aft, and got away in a boat, leaving all on board to perish. We 
 landed safely, and travelled across the coast to the nearest town, living on 
 four days' provisions, which we took with us from the schooner. We 
 reached the place in about ten days, very much exhausted by lack of 
 food and water. 
 
 As we had plenty of money, we made up for our late deprivations by 
 plunging into all sorts of dissipation and pleasures ; never, however, 
 losing a chance to rob anybody whose appearance promised to pay us 
 for the trouble. In this way we spent some months, and then went to 
 Joaquin on horseback, armed for the road, where we stopped for 
 a few weeks, leading our old life, and then went to Santiago, rob- 
 bing and murdering as before. We did not confine our operations to 
 highway robberies alone, but committed every variety of depredations, 
 breaking into houses, and murdering and robbing the inmates while 
 they slept. 
 
 We remained in the neighborhood of Santiago about one year, and, 
 should I undertake to relate circumstantially all the murders we com- 
 mitted during this time on the road between there and Valparaiso, it 
 would occupy nearly all the time I have to live. It would take some 
 time to give even a list of those I can remember, and they were of so 
 frequent occurrence, I have no doubt many of them have escaped my 
 memory altogether. I do not think I could name them all in one 
 
 day.f 
 
 After this, our longer stay in this neighborhood would be running too 
 great a risk, as our numerous outrages had attracted the attention of 
 
 * The name is spelled as Hicks pronounced it, but it is evidently not the correot 
 name. ^ 
 
 f This was in answer to a direct question. — Ed 
 
ALBERT W. HICKS, THE PIRATE. 57 
 
 the government, and the whole country was aroused against us ; so we 
 shipped on board the brig Anne Mills, bound to the coast of Africa. 
 
 This brig was lying at Valparaiso, and was chartered by a man under 
 the pretence of making a trading voyage, but his real object was 
 piracy, and we shipped with a crew of men desperate as ourselves, who, 
 if they did not know the object of the voyage, the captain rightly 
 thought, would have no scrupulous objections to it. 
 
 As soon as we were upon blue water, the captain opened our plan of 
 operations to the crew, and although one or two murmured at first, all 
 at length came into our scheme.. In fact, they were obliged to do so, 
 for had any of them held out, we should have disposed of them in a 
 very summary way. 
 
 I was now in my proper element, where I could gratify the highest 
 object of my wicked ambition. I was a free rover, with no one to 
 fear, and no one to obey, with the whole world for my prey. 
 
 During the year that I sailed in this vessel, we overhauled, plundered, 
 and burned several Portuguese and Spanish ships, in most cases mur- 
 dering their crews. After cruising about the West India Islands, we 
 made our course for the Gulf of Gibraltar, went to Marseilles, boarded 
 a Greek vessel, and obtained provisions and stores. Finding that she 
 tad no money on board, we let her go, and the next morning sailed for 
 the Dardanelles, where we cast anchor and went ashore at a small 
 town, and although none of us could speak the language, we remained 
 there about six weeks, and then went to Constantinople, and on the 
 voyage lay one night alongside of an English brig. 
 
 We boarded her about 12 o'clock, and after searching her and find- 
 ing nothing, we went on our voyage. 
 
 After remaining a short time at Constantinople, we headed for the 
 Gut of Gibraltar, and one night were hailed by a British man-of-war, 
 whose name we did not learn. We answered in Portuguese, when she 
 ordered us to lay to. 
 
 Instead of doing this we crowded all sail, and during the conversa- 
 tion we had got our guns ready ; we gave her a raking fire from our 
 stern, which carried away the foremast. As we saw it falling over the 
 side, we bade them " good bye " in English, and gave them three cheers, 
 for which they returned a broadside, and we received two shots in our 
 stern. 
 
 I dare say the British Admiralty never knew to this day to what 
 vessel their man-of-war was indebted for the loss of her foremast, but if 
 they ever read this the mystery will be cleared up. It is more than 
 likely they have suspected their old enemy, the French, of playing this 
 
58 THE TRIAL AND CONFESSION OF 
 
 trick, but they hare been wrong ; the shot came from the brig Anne 
 Mills. 
 
 We never shortened sail until we reached a Spanish port, about 150 
 miles from the Gut, where we laid for a short time to repair damages, 
 and made sail for the coast of Mexico, and stopped at a port near 
 Vera Cruz, where we laid in wood and water, and sailed for Vera Cruz. 
 From here we went to the coast of Florida, and anchored in the mouth 
 of the river opposite Jacksonville. Here we lay two or three weeks 
 recruiting ; at the end of this time, having completed the necessary 
 preparations, we sailed direjet for the coast of Africa, where we took 
 on board a load of negroes and sheered our course for Rio. 
 
 A few miles to windward of Cape Frio an English cruiser hove in 
 sight. We made off for the land at once, but finding the cruiser was 
 gaining upon us, the captain made the negroes fast to the chain cable 
 and let the anchor go, with the cable over the rail, dragging the negroes 
 overboard. 
 
 We were pursued to the shore, and most of those on board were 
 captured. Lockwood and myself, with our usual good luck, managing 
 to escape. 
 
 We walked to Rio destitute of everything but arms, rifles and pistols, 
 and on reaching that place shipped on board the bark Josephine of 
 Boston, bound to Liverpool. We had a quick passage, not marked by 
 anything of peculiar interest, and on our arrival there we shipped on 
 the bark Alga for New Orleans. 
 
 During the voyage a disturbance broke out, and some one, who I do 
 not know, set fire to the vessel. We took to the boats, and in the 
 course of a few days we were picked up by the brig Exact, of Liver- 
 pool, and taken to St. Domingo, where we shipped on board brig Fanny 
 Fosdick, for St. Mark's, Florida. 
 
 We ran on the Florida reefs in a fog, and all hands were lost, ex- 
 cept myself, Lockwood, the captain and mate. We were taken off by 
 a small schooner and carried into St. Marks, where Lockwood and my- 
 self remained for four months, committing all sorts of depredations, 
 among which robberies and murders were of frequent occurrence. 
 
 Wishing for a new field of action, however, we engaged as hands on 
 board the pilot boat Lucina, not with a view of working long, but for 
 the purpose of getting possession of her the first opportunity which 
 should occur. 
 
 She was a beautiful little craft, sat on the water like a sea bird, and, 
 for speed, was unsurpassed. In fact, she was just the thing we wanted. 
 We had fixed our eyes on her long before, but had to wait for circum- 
 
ALBERT W. HICKS, THE PIRATE. 59 
 
 stances favorable to our plan to turn up before we dared to apply for 
 situations on board of her. 
 
 We had not sailed in her long, however, before the long-wished-for 
 opportunity arrived ; and one day, when the pilots were all ashore, we 
 got her under weigh for the Double H. Shot Keys, where we boarded 
 a brig, and procured some provisions and stores. We were not heavily 
 enough armed, nor in the proper shape to rob her, or we would have 
 done so. 
 
 After this, we started on a cruise, seeking victims in all the small 
 craft which came in our way, but not meeting with any great success, 
 we made our course for New Orleans, for the purpose of procuring arms 
 and provisions, and if we could meet any men of the right stamp for an 
 enterprise like ours, to press them into our service. 
 
 Arriving at the Balize, we lay to till midnight, and then taking the 
 yawl went on board a bark and robbed her of a considerable sum of 
 money, two chronometers, and other valuables. 
 
 After this, we put back to sea again, and committed many depreda- 
 tions upon fishing smacks and other small craft. We continued this 
 life for some time, but beginning to long for the pleasures of shore, we 
 ran our little craft into Matagorda Bay, where we placed all our 
 money and valuables in a yawl and went on shore below Matagorda. 
 We burned the yawl upon the beach, and secreting a portion of our 
 effects in the sand, went inland, where we lived on in our usual aban- 
 doned and reckless life. After some time we again made our way to the 
 coast, and digging up and carrying away our treasure, we went 
 to Matagorda, where we stayed a few weeks, committing several 
 robberies ; and then, after purchasing an outfit, shipped on board of a 
 schooner, whose name I cannot call to mind, bound for Boston. On 
 our arrival we left her, and going ashore we remained there a short 
 time, watching an opportunity of shipping on board of some small craft 
 not heavily manned, which we could rob and take possession of when 
 out at sea. 
 
 Nothing presented itself, however, which we considered worth our while, 
 but we were not by any means idle, for we committed several robberies on 
 shore, one of which, a burglary in Washington street, we came very near 
 being detected in, and the circumstances connected with which caused 
 considerable stir. In fact, we found it necessary to leave, which we did. 
 
 The Boston officers started in pursuit of us, but we managed to throw 
 them off the scent, and as soon as we were convinced that they were 
 on the wrong track, we made for New York, which we reached in 
 safety. Those circumstances took place a*bout four years ago. 
 
60 THE TRIAL AND CONFESSION OF 
 
 I remained in New York a short time, enjoying myself, and then 
 shipped on board of a schooner, whose name I have forgotten. She 
 was bound to the West Indies for fruit, and I supposed that she had 
 considerable money on board. My only object in going on her was to 
 rob her if I could. My old partner was with me, and we tried by 
 every means to find out how much money was on board, where it was 
 kept, etc., but did not succeed, and no opportunity occurred for us to 
 carry out our plans during the voyage. So we came back on her t© 
 New York, and both shipped on board the schooner Sea Witch, a Nor- 
 folk oyster boat. As before, our object was murder and robbery. I 
 suspected that she carried out a large sum of money each trip, but did 
 not know how much, until I kept count of the number of oysters 
 bought, and the price paid for them, which made me determine to kill 
 all hands on the next trip, and secure the money as soon as we got out 
 to sea. 
 
 But from some cause or other we were mistrusted, and we were dis- 
 charged on our arrival at New York. 
 
 I waited some time for a similar chance, but failing in getting shipped 
 on board of anything which promised to pay me, I joined the bark 
 Sea Horse, bound for the coast of Africa, for a cargo of slaves. 
 
 During the passage I succeeded in stirring the crew up to mutiny, 
 and after a severe fight we succeeded in overcoming and killing the 
 officers, and took possession of the ship. 
 
 We ran the vessel ashore at Congo Eiver, took the money, and 
 joined an English vessel, after dividing our spoils to suit myself and 
 partner, we keeping, of course, the largest 'share of it. 
 
 I almost forget the name of the English ship in which we sailed for 
 London, but think it was the Zacharias. However, we played the 
 same game on board her, that is, we excited a mutiny. The captain, 
 mate, and steward being in the cabin asleep, we entered quietly, and 
 took everything valuable we could lay our hands on, and then, going 
 on deck, fastened down the hatches in such a way that the officers 
 could not make their escape, after which we tied the other two of the 
 crew, and landed in the boat at Havre during the night, from where we 
 took the packet to London. 
 
 Here my partner and I separated, and I have not heard what became 
 of him. I hope, if he sees this confession and learns my fate, it will 
 serve as a warning to him, and that he will give up shedding blood 
 and robbery, and lead an honest life. 
 
 , About this time — that is, some three years ago — I married, and 
 shortly after, came with my wife to New York, on board the ship 
 
ALBERT W. HICKS, THE PIRATE. 61 
 
 Isaac Wright, Captain Marshall, who knows me well. On reaching 
 New York, I took some rooms, and lived with my wife in Batavia 
 street. I do not remember the number, but it was a corner house, and 
 stood opposite to No. 17. 
 
 During this time I worked along shore, all the while looking out for 
 chances, and trying to get a berth on some vessel which I might rob 
 with profit; but not meeting with the opportunity I wanted, I left the 
 city with my wife, and going into the country, in the neighborhood of 
 Norwich, Conn., went to work for a Doctor Baldwin. I remained with 
 him some time, and then went to Norwich, where I worked for a 
 Daniel Mapler, till a longing for my old life of excitement and adven- 
 ture came over me, and I returned to New York and took lodgings at 
 129 Cedar street. 
 
 In a short time I shipped on board of the steamer Alabama, for Sa- 
 vannah, returned and shipped on board schooner Kate Field, for Indi- 
 anola and Galveston. I committed a robbery on board of this vessel, 
 and though I was detected by the captain, nothing was said about it. 
 
 The goods I appropriated were part of the cargo, but they were not 
 missed by the owners, and so I escaped. From Galveston we sailed to 
 Matagorda Bay, took in a cargo of sugar, and returned to New York, 
 and for some time after this I remained on shore, working occasionally, 
 and all the while watching my opportunity to get a berth on board of a 
 vessel for the old purpose. 
 
 With the object of committing a robbery if a favorable opportunity 
 presented itself, I went a voyage in a schooner to Georgetown, S. C, 
 but returned without finding it worth while to carry out my intentions^ 
 For a time I worked along shore again, and then went to Boston on a 
 coaster, intending to rob her if I found she had money on board, but 
 as she had not, I came back in her to New York, and shipped on 
 schooner John, for Wilmington, N. C. 
 
 As we came out of Wilmington harbor, on our retnrn, we found the 
 yacht Kate, which had been run into. 
 
 I saw the wreck first, and as soon as we got alongside, I jumped into 
 her, in water up to my armpits, and making her fast to the schooner, 
 commenced bailing her out. 
 
 We finally got her afloat, and took her into Wilmington, from 
 whence she was returned to her owners. We claimed salvage on her, 
 which was allowed, but there is something due me now on my share, 
 which I hope will be paid to my wife after I am gone. 
 
 Keturning to New York, I lived by working along shore, but nevsr 
 missed a chance of robbery when it promised to pay me for my trouble, 
 
62 THE TRIAL AND CONFESSION OF 
 
 and the risk was not too great ; but I was careful of doing much in 
 New York city, and was all the while on the lookout for some enter- 
 prise in my favorite field of action — the sea. 
 
 I kept a sharp lookout for all small craft outward bound for cargoes 
 of fruit, oysters, etc., and in a quiet way gathered all the information I 
 could in regard to the number of hands they shipped, and the amount 
 of money they generally carried. 
 
 During my searches I came across the sloop E. A. Johnson, Captain 
 Burr, and in making application was engaged on board of her. 
 
 I come now to the closing acts of my life, to the last scenes in my 
 wicked and bloody career. 
 
 From my youth up I lived by crime. I have steeled my heart 
 against every good impulse. I have considered mankind my natural 
 prey and have never hesitated to gratify my appetites, passions, and 
 desires, no matter how dear the sacrifice paid by others for their grati- 
 fication, and now society which I have so long outraged claims the only 
 recompense I can make for all the wrongs I have committed ; the law, 
 which to me has ever been a subject of scorn and derision, now exerts 
 its majesty, and calls on me to pay the penalty due for breaking it ; 
 mankind, against whom I have so long waged a bloody and resistless 
 war, now clamors for my blood, in compensation for the innocent blood 
 I have so often shed. Justice at last asserts her sway, and a dreadful 
 punishment awaits me. 
 
 But let me go on to the end. 
 
 The sloop E. A. Johnson offered an easy prey. She had on board, 
 I supposed, from all the information I could gather, something over a 
 thousand dollars, and the entire crew consisted of but two boys and 
 myself. 
 
 I had never known of or seen Captain Burr before I shipped with 
 him. He had never done me injury or wrong, so that I had no revenge 
 to gratify, no grudge to pay. 
 
 He seemed a kind and amiable man, and would, I have no doubt, 
 awakened kindly feelings in any heart but mine, and e?en I liked him. 
 Yet I engaged myself to him solely, and only for the cruel purpose of 
 taking his life, the lives of the two young men, and making myself 
 master of the money I supposed he had on board. 
 
 I calculated to do this as calmly as you would contemplate doing 
 any of the usual duties in the ordinary transactions of life. 
 
 I had killed men, yes, and boys, too, many a time before, for far less 
 inducement than the sum I supposed I should gain by killing them ; 
 and I had too often dyed my murderous hands in blood in days gone 
 
ALBERT W. HICKS, THE PIRATE. 63 
 
 by, to feel the slightest compunctions or qualms of conscience 
 then. 
 
 I never thought of the consequences of such a crime. The fear of 
 detection never once crossed my mind. I had too often done the same 
 thing with impunity to, believe that a day of reckoning would ever come, 
 in this world at least, and I never gave a thought to the world to come. 
 
 After engaging with Captain Burr, I went home to my wife at 129 
 Cedar street, and lying down on the bed, told her not to disturb me, 
 as I wanted to take a long sleep, and if any one came for me, to say 
 that I was not in. She left me alone, and I then deliberately matured 
 all my plans. I marked out the course I intended to pursue exactly, 
 and after I had decided upon everything, I went to sleep and slept as 
 soundly as ever I slept in my life, my mind was so much at ease, and I 
 felt so contented at the idea of having at last an opportunity of mak- 
 ing some money in an easy way. 
 
 The next day I went on board and commenced my duties, and in 
 order to ingratiate myself into the good graces of the captain, I did 
 even more than could have been expected of me. 
 
 We sailed on the sixteenth of March from the foot of Spring street, 
 and proceeded to Keyport, where we remained till Sunday. While 
 here, I scraped the mast of the sloop, did a lot of carpenter work, and 
 evidently pleased Captain Burr very much by my earnestness in trying 
 to make everything look ship-shape. 
 
 We arrived at Gravesend on Saturday afternoon, and waited there 
 for a fair wind. 
 
 At last we put to sea, and when we were off the Ocean House, I 
 went to the forecastle, and got an axe, which I put in the boat hanging 
 to the davit aft. 
 
 The younger Watts was at the helm, and I asked him to allow me 
 to steer a little while. He consented, and went forward. 
 
 In a few minutes I left the helm, and taking the axe, went to him, 
 and asked him if he saw Barnegat Light. He said he did not. I told 
 him to look again, and pointed with my hand. 
 
 He turned round and looked in my face a moment, but even if he 
 had suspected my cruel purpose, he would have read no indication of it 
 there, for I was as calm as though I were going to do the simplest and 
 most innocent thing in life. 
 
 Had I been under human influences, the confident and trusty way in 
 which he turned his eyes to mine, would have made me hesitate, but 
 no such thought entered my heart, and I pointed again and told him to 
 " Look there ; ain't that it 1" 
 
64 THE TRIAL AND CONFESSION OF 
 
 He turned his head, and peered through the darkness in the direc- 
 tion I pointed, and as he did so, I struck him on the back of the head 
 with the axe, and knocked him down. 
 
 He fell! 
 
 Thinking I had not killed him, I struck him again with the axe as 
 he lay upon the deck. 
 
 His fall and the sound of the axe made some noise, which, added to 
 that caused by my running across the deck, attracted the attention of 
 the captain, who came up the companionway, and putting out his 
 head, asked what was the matter ? 
 
 I replied, "nothing," and then asked him, as I had the younger 
 Watts, " Is that Barnegat light." 
 
 Captain Burr replied, " No, you will not see it for two hours ;" and 
 as he spoke he turned his head from me. 
 
 The axe swung in the air, and, guided by my sinewy and murderous 
 arm, came down. 
 
 The edge crunched through his neck, nearly severing his head from 
 his body, and killing him instantly. 
 
 The body fell down the companionway. 
 
 As I turned to leap after it, and dispatch my remaining victim, I 
 looked forward, and — Oh, God, how I shudder to think of it now ! — he 
 whom I thought I had already killed had risen and was coming aft, his 
 hand outstretched toward me, and the blood running in two dark 
 streams over his pale face, from two ghastly wounds on his head. 
 
 For a moment I stood undecided, but as he still came on, I ran to- 
 ward him, but ere I reached him he fell about midships, and rushing 
 on him, I struck once ! twice ! thrice I with the axe, and finished him. 
 
 Running aft, I jumped down the companionway with the bloody axe 
 in my hand. 
 
 There lay the elder Watts in his berth, and close beside him the 
 ghastly, bloody corpse of the captain. 
 
 I stood a moment looking at him, and dashed at him and struck out 
 with the axe. 
 
 He leaped out of his berth, and sprang at me, all red with the blood 
 of the captain, whose body had fallen past him, covering him with gore 
 in its fall. 
 
 He tried to grapple with me, but stepping back, I gave the fatal 
 axe a full swing, and struck him again, again, and again, once upon 
 the head, once on the back, and once more upon the head, which felled 
 him to the floor, and he lay dead at my feet, side by side with the cap- 
 tain. 
 
ALBERT W. HICKS, THE PIRATE. 65 
 
 My bloody work was done ! 
 
 Dead men tell no tales. 
 
 I was alone. No eye had seen me, and now I was free to reap the 
 reward of my work. 
 
 I did not feel the slightest regret for what I had done, and went 
 about removing the bodies, as coolly as though they had been so much 
 old lumber. 
 
 I took a rope and bent it on to the feet of the elder Watts, hauled 
 him on deck, and threw him over the quarter. I then hauled the 
 captain out in the same manner, and threw him over ; and then going 
 to mid-ships, I lifted the body of the younger Watts from the deck, 
 and plunged him into the sea by the starboard side. 
 
 I then threw the axe overboard, and soon as I had done this, I 
 changed the course of the sloop, and ran in close to the Hook. 
 
 My intention was to run the sloop up the North River, and then 
 fire her, but I came near running her on the Dog Beacon, abreast of 
 Coney Island and Staten Island lighthouse, after which I fouled with a 
 schooner, and carried away the bowsprit, so I put the money and such 
 other articles of value as I could pick up, into the yawl, and then 
 sculled ashore three miles, landing just below the fort on Staten 
 Island. 
 
 My movements after landing are well known; and when I look 
 back upon the fatality which seemed to dog my steps, it seems as 
 though the fiend, who so long had stood by me in every emergency, 
 had deserted me at last, and had left me to my own weakness. 
 
 But I never thought of this until after my arrest. I had no shadow 
 of a presentiment that I should be checked so suddenly and brought to 
 justice, and on my return to New York, made arrangements to go 
 away with my family as coolly as if nothing had occurred which should 
 counsel me to use caution. 
 
 But on that fatal night when I awoke from a deep sleep to find the 
 officers of the law standing by my bed, for the first time fear overcame 
 me, and I grew faint and weak as a baby. Great drops of sweat 
 started out on my forehead and all over my body, and then I realized 
 that at last the master whom I had served so long had really deserted 
 me and abandoned me to my fate. 
 
 But to all outward appearance I choked these feelings down, and 
 none who saw me dreamed of what was passing within. 
 
 My task is done. I have related all the awful details of my life with 
 as much minuteness as I can, and now nothing is left me but to prepare 
 to die. 
 
66 THE TRIAL AND CONFESSION OF ALBERT W. HICKS. 
 
 I ask no sympathy, and expect none. I shall go to the gallows 
 cursed by all who know the causes which will bring me there, and my 
 only hope is that God will, in his infinite mercy, grant me that spirit 
 of true repentance which may lead to pardon and forgiveness in the 
 world to come. 
 
PHRENOLOGICAL CHARACTER 
 
 OF 
 
 ALBERT W. HICKS, 
 
 GIVEN AT 
 
 FOWLER AND WELLS' PHRENOLOGICAL CABINET, 
 
 308 BROADWAY, NEW YORK. 
 
 BY L. N. FOWLER, Professor of Phrenology. 
 June 29thy 1860, 
 
 He has a remarkably strong muscular organization, and bony system, which 
 has a powerful influence on the tone, quality and direction of his mind. His 
 mental temperament is fairly developed, but not to such an extent as to give the 
 finer qualities to the mind and character. He is excitable, and susceptible of in- 
 tense feeling, yet it is rather a heated impulse of passion, than a delicate and re- 
 fined sensibility. 
 
 He has a large brain, which gives a great amount of general mental power, and 
 with a good education and proper direction, he would be able to exert a leading 
 and extensive influence over others. 
 
 His Phrenological developments are very marked. His head is high in the 
 crown, and long, but rather narrow. Destructiveness is not a leading organ, and 
 it acts chiefly as the servant of his excessive will and other strong propensities, 
 which circumstances and bad training may have made sources of temptation to 
 him. He is however, strongly developed in Combativeness, which gives the spirit 
 of resistance, self-defence, and power to overcome obstacles, and if provoked, 
 and had some selfish purpose to subserve, his Combativeness and Firmness would 
 render him capable of almost any act of desperation. 
 
 His social organs are large, and he is susceptible of strong love to woman, but 
 with such a temperament that love would take an animal direction. He is inte- 
 rested in children and home, and in friends when they do not oppose his course. 
 He is also very continuous and protracted in mind, and never gives up any pro- 
 ject that he has once resolved to accomplish. 
 
 His Alimentiveness is large ; he loves to gratify the appetite highly, and is liable 
 to indulge it too freely. His love of property acts strongly in proportion to hi§ 
 want of it, and he seeks it to spend, rather than to lay up, and if he had an abund- 
 ance, it would go freely in the gratification of his various desires. 
 
68 PHRENOLOGICAL CHARACTER OF ALBERT W. HICKS. 
 
 The tendency to be cunning and artful, is not very strong. He is more likely to 
 do things openly and undisguised, than he is to work shrewdly behind the curtain, 
 and do things in such a mysterious way as to defy detection ; yet he has much 
 Cautiousness, and is watchful where there are dangers and difficulties to be en- 
 countered. 
 
 He has a great amount of ambition to excel in what he does. He has also ex- 
 cessive Self-Esteem, independence, self-reliance, and desire to be the master spirit, 
 and maintain his own individuality. His will is the strongest element of his mind, 
 and his character is more affected by it than by any other one faculty ; for what> 
 ever he may purpose to do through the influence of circumstances, he will carry 
 out at all hazards. 
 
 His moral brain indicates large Hope and anticipation, but only medium Con- 
 scientiousness and Benevolence, which hardly ever act in a controlling manner. 
 
 His Spirituality is very deficient ; he has very little idea of the unseen, and of 
 8ubjects pertaining to the higher life, and has scarcely any Veneration at all, 
 which leads him to act without due regard to the Higher Power, and without feel- 
 ing his dependence on, or much responsibility to, his Creator. 
 
 His mechanical talent, sense of beauty, and love of the sublime, are only ave- 
 rage in power. His ability to imitate and copy, is good, and his love of fun rathe* 
 strong, without being particularly given to joking and fun-making. He has a cor 
 rect eye for proportion, can judge well of forms and outlines ; has a good degret 
 of order and arrangement, has good native talents for making estimates and cal 
 culations ; has a superior memory of places and localities, and decidedly good 
 abilities for any kind of mental operation where order, method, system, know- 
 ledge of principles and places is required. 
 
 His conversational talents are poor, and his memory of events not very good. 
 His powers of comparison are excellent; intuition, and ability to judge of char- 
 acter and motives, good ; agreeableness and suavity of manner rather wanting ; 
 in fact, the leading features of his character grow out of his will, determination, 
 and continuity of mind ; a domineering, proud, unsubmissive spirit, joined to 
 strong watchfulness and forethought, and the desire to accomplish what he at- 
 tempts, in the most signal and positive manner. He should be known for love ol 
 his female friends, fondness for children, attachment to home, and a fair degree 
 of sympathy with his friends. He has a deficiency of tact and power to conceal 
 his feelings, and those qualities that give spirituality, religious feeling, and sense 
 of dependence. The crimes that he has been led to commit, are full as much 
 the result of a want of the right kind of education, as from his natural organiza- 
 tion. He has strong passions, and an unbending and headstrong will ; but with 
 proper culture, and good circumstances, he would, most likely, have used his 
 energy and talents in a way to secure success and respectability, instead of war- 
 ring upon the rights and interests of his fellow men. 
 
AU1RT W. HICKS, THE PIRATE. 69 
 
 THE EXECUTION 
 
 ON 
 
 BEDLOE'S ISLAND, 
 
 FKin.MY) JULiTT 13, I8 60 
 
 ALBERT W. HICKS, the pirate and murderer, was executed at 
 precisely eleven o'clock to-day, at Bedloe's Island, under the direction 
 of the United States Marshal. 
 
 The gallows, with its gloomy appurtenances, was sent to Bedloe's 
 Island on Thursday, Marshal Rynders giving his personal supervision to 
 its erection, locating the spot, and directing how the work should be 
 done. The place which was selected for the purpose of giving as many 
 persons as possible an opportunity to witness the spectacle, was upon 
 the northeast side of the island, upon a green, sloping terrace, which 
 forms the earthwork of the water-battery that surrounds about two- 
 thirds of the island. The spot was directly fronting the lower part of 
 the city, giving a view of the East River and Brooklyn ; it was about 
 one hundred yards northwest of the landing, and elevated from six to 
 eight feet above tide water. 
 
 Everything being completed on the island, the marshal returned to the 
 city, and found his >ffice besieged with applicants for tickets to witness the 
 execution. Hundf ^ds who had never seen a person hung, and multi- 
 tudes of others wh ■> would have shrunk from such a spectacle where an 
 ordinary criminal was to suffer, clamored for "permits" to look upon 
 the last dying struggles of the man whose extraordinary career of 
 crime had destroyed every sentiment of pity in their breasts. These 
 tickets were dispensed until it was no longer safe to trespass upon the 
 accommodations of the single steamer which had been chartered for 
 the purpose, though she was of large dimensions. 
 
 THE SCAFFOLD AND ITS HISTORY. 
 
 The scaffold is the same which has been employed for the last twelve 
 years at the Tombs. It consists of two upright posts, supported by 
 timbers, into which they are framed and braced at the bottom, and sur- 
 mounted by the cross-beam at the top. The condemned person s n 
 
 5 
 
70 THE TRIAL AND CONFESSION OF 
 
 stationed immediately beneath, and at the given signal is lifted suddenly 
 from the ground, by the fall of heavy weights, to a height of several 
 feet. If the cord has not been carefully adjusted with due regard to 
 the compression and rupture of the spinal cord, death takes place by 
 the tedious process of suffocation, the person often apparently con 
 scious for many minutes. 
 
 At the extremity of the scaffold is an inclosure in which is con« 
 cealed the person who is to cut the rope by which the fatal weights are 
 suspended. 
 
 This structure was made some twelve years ago, and shows the marks 
 of wear, mildew, and hacking with an axe. 
 
 The first man executed upon it was Coleman, the wife-murderer ; the 
 last were James Stephens, convicted of the same offence, and John 
 Crimmins, who took the life of a man in a brawl. 
 
 Under the present law of the State, it will not probably be required 
 further, except by the United States Marshals, future executions in 
 this State being confined to the State prisons. 
 
 HIS PARTING WITH HIS WIFE. 
 
 During the whole of Thursday the wife of Hicks remained with him 
 in the cell, no one trespassing upon their privacy except the priest, who 
 entered occasionally. This last day spent by this miserable husband and 
 wife was occupied in conversing upon the arrangements which had been 
 made by the latter for the temporary support of herself and child, her 
 principal expectations being derived from the proceeds of the copyright 
 of his Confession, which had already been paid over to him. From a 
 remark which Hicks made to one of the officers on Tuesday, that " he 
 should leave his wife all snug," it was supposed that he had revealed to 
 her what has hitherto been only known to himself, the place where she 
 could find sums of money which he had concealed. 
 
 At half-past five p.m., on Thursday, father Duranquet entered the 
 prisoner's cell, and Hicks' wife prepared to take a final leave. Several 
 officers of the prison, and the Marshal's depacies were present. The 
 separation, however, was quite unique in its way. Rising and taking a 
 bundle of clothing under her left arm she paused for a moment in the 
 middle of the cell, Father Duranquet standing with his right hand upon 
 the prisoner's shoulder. Hicks took two small volumes from a shelf of 
 his cell and handed them to his wife. For an instant he stood looking 
 down at her with a smile, and then reaching forth his hand, took hers 
 and shook it slightly, then leaning forward, he kissed her twice, saying 
 in a low voice, " Good-bye." " Good-bye, Willie," she replied, as she 
 turned, without apparent emotion of any kind, and left the cell. The 
 cell-door was now closed, the priest intimating that he should spend the 
 night with the condemned man. 
 
 THE MORNING OF THE EXECUTION. 
 
 When Mrs. Hicks had taken her leave, Father Duranquet entered 
 the condemned cell and prayed with the culprit until about eleven 
 o'clock. At that hour Mr. Finley brought Hicks a cup of tea and some 
 
ALBERT W. HICKS, THE PIRATE. Tl 
 
 slight refreshments, after partaking of which the culprit retired for the 
 night. It was about twelve o'clock probably when the culprit fell into 
 a sleep so sound that even the entrance of the keepers during the night 
 did not awake him. 
 
 About four o'clock Hicks was awakened from the deep slumber into 
 which he had fallen by one of his keepers, and told to dress himself. 
 On being asked how he passed the night, he replied that he never slept 
 better in all his life. He further stated that he never felt better than 
 he did that morning, and assured his keepers that he would keep ap his 
 spirits even to the last moment. He seemed to be entirely unconcerned 
 at his fate, and manifested no signs of grief or penitence as his last 
 moments on earth sped swiftly by. "When engaged in prayer with 
 Father Duranquet, his face bore a meek and sorrowful expression, but 
 as soon as the religious ceremonies were concluded his countenance 
 resumed its natural expression of firm indifference. 
 
 About five o'clock Mr. Finley, who had been very attentive to the 
 culprit during his incarceration at the Tombs, took his leave of the 
 prisoner, and urged him to keep up -his spirits to the last. Hicks shook 
 him warmly by the hand, and thanking him for the many acts of kind- 
 ness he had received at his hands, bade him a last farewell. The cul- 
 prit then remained closeted with his father confessor for an hour or so, 
 and declined seeing any person other than his spiritual adviser. 
 
 READING OF THE DEATH WARRANT. 
 
 At nine o'clock on Friday morning, Marshal Rynders, accompanied 
 by Sheriff Kelly and other city officials, entered the cell of the culprit. 
 Hicks was reclining on his bed at the time, and quietly arose as the 
 officers entered the apartment. The Marshal informed the prisoner that 
 the duty devolving upon him was very unpleasant. Hicks said he had 
 no doubt it was, and knew the Marshal would treat him as kindly as he 
 could under the circumstances. The Marshal then read the death war- 
 rant to the prisoner, and at its conclusion told the condemned to pre- 
 pare himself for the approaching execution. Hicks immediately pro- 
 ceeded to array himself in a suit of blue cottonade, got up for the 
 occasion. His coat was rather faucy, being ornamented with two rows 
 of gilt navy buttons, and a couple of anchors in needlework. A white 
 shirt, a pair of blue pants, a pair of light pumps, and the old Kossuth 
 hat he wore when he was arrested, completed the attire. Hicks was 
 exceedingly cool while engaged in arraying himself in this fancy suit, 
 and seemed as unconcerned about his approaching doom as though the 
 idea of death had never crossed his mind. After shaking hands with 
 Mr. Sutton, the warden of the prison, and thanking him for his kind- 
 ness while under his charge, he said that he wished to state that he 
 was very grateful to Officer De Angelis and the other deputies for their 
 kindness to him, as they had done for him even more than he had 
 asked ; Mr. De Angelis having particularly interested himself to pro- 
 vide for his wife and child during his imprisonment. 
 
 The confession which he had made, he also wished to say, was taken 
 down by the deputies solely for the benefit of his family, and he wished 
 
12 the" trial and confession of albert w. hicks. 
 
 them to be acquitted of all wrong motives in connection with it. 
 Toward officer Nevins and Mr. Smith, who were instrumental in his 
 arrest, he said that he held no hard feelings. On being questioned as 
 to how he felt regarding the future world, he replied, as if fearing to 
 express any hope, " that is a matter I would rather leave to him" 
 referring to Father Duranquet, who sat at his side. His voice was 
 firm, but very low and subdued. " I am resigned," lie said. " The 
 Marshal has treated me very kindly : I will not say anything on the 
 island." He then intimated that he was ready, and at 9£ o'clock, a.m., 
 he left his cell. Going to the door of Mortimer Shay, he said, hur- 
 riedly, " Good-bye," and immediately joining the Marshal and his 
 attendants, he left the prison. 
 
 STARTING FROM THE TOMBS. 
 
 A large crowd of persons assembled outside of the prison door, on 
 Franklin street, for the purpose of catching a glimpse of the notorious 
 pirate as he passed into the carriage which was waiting in readiness. 
 The culprit marched out of prison attended by Father Duranquet, 
 Marshal Rynders, Deputy Marshal Thompson and Sheriff Kelly, and 
 took his seat in the first carriage. The second carriage was filled with 
 deputy sheriffs, and the third and fourth ones by the police and repre- 
 sentatives of the press. As the culprit was passing into the carriage, he 
 shook the hands of one of the detectives who arrested him, and saying 
 he freely forgave him, bade him a last adieu. In reply to this, the 
 ©fficer said he was glad to see that Hicks had no ill-feeling toward him, 
 and returning the pressure of the hand, took his leave. The journey 
 from the Tombs to the pier, at the foot of Canal street, occupied but a 
 few minutes. Nothing worthy of mention occurred on the route. The 
 cortege moved silently, but quickly along, and none in the streets knew 
 the character of the procession until the carriages were actually on the 
 wharf. 
 
 THE SCENE ON BOARD THE RED JACKET, 
 
 on the arrival of the prisoner, baffles description. A crowd of some 
 1,500 persons, perhaps, had assembled on board, and the most intense 
 excitement prevailed. Gamblers, fighting men, ward politicians, re- 
 formed drunkards, actors, medical men, city officials, and bogus 
 reporters without number, formed the great bulk of the motley crew. 
 On the lower deck were a bar-room and refreshment saloon, which did 
 a brisk business, and contributed in no small degree to the comfort of 
 such of the passengers as had come off without their breakfast. Be- 
 sides, the day was warm, and lager-bier proved an excellent and cool- 
 ing beverage. At half-past nine o'clock the cry of " Here he comes" — 
 referring to the arrival of the carriage containing Hicks and the United 
 States officials — produced great commotion on board, and a general 
 rush was made for the gangway next the wharf. The arrival of Deputy 
 Marshal O'Keefe, with the sword, belt, cocked hat, and other para- 
 phernalia of office, showed that Hicks was not far behind, and the ex- 
 citement rose to fever heat. In a moment afterward Marshal Rynders 
 
ALBERT W. HICKS, THE PIRATE. 13 
 
 iprang from a carriage, followed by the culprit, Deputj Marshal 
 Thompson and Sheriff Kelly. Hicks, who was securely pinioned, was 
 attended to the boat by two of the Roman Catholic clergy, and Mr. 
 Isaacs, one of the Deputy Marshals. He seemed entirely unmoved by 
 the exciiing scene around him, and never quailed once beneath the 
 stare of the thousands who greeted him as he passed over the gangway. 
 The anxiety of the crowd to get near the prisoner as he came on board 
 was intense, and nothing but the utmost determination on the part of 
 rhe Marshal and his assistants, succeeded in preserving order. At last, 
 with considerable pushing and squeezing, the officers managed to con- 
 vey their prisoner to the saloon in the after part of the boat, where he 
 was free for a time from the gaze of the rabble. 
 
 Father Duranquet was at the culprit's side, on the way from the car- 
 riage to the boat, and on entering the cabin at once commenced to 
 offer up a prayer. Hicks seated himself on a settee near the cabin 
 window, and burying his face in his hands, apparently became engaged 
 in deep meditation. Having expressed a desire to be left alone with the 
 priest for a few moments, the officers and representatives of the press 
 retired from the apartment, and proceeded to the saloon above. During 
 all this time Hicks maintained his usual self-possession. No change 
 came over his features except on one occasion, when rising from a kneel- 
 ing position after being engaged in prayer, it was observed by some of 
 the bystanders that he looked a little flushed. This was the first time 
 that his face showed any signs of excitement, and it was iuferred from 
 that that he would not die so firmly after all. His features soon 
 regained their natural expression, however, and Hicks was himself 
 again. After remaining closeted with the clergyman for about ten 
 minutes, the prisoner signified a desire to speak with Marshal Rynders 
 upon the subject of the approaching execution. The Marshal was 
 promptly in attendance, when the culprit informed him that it was his 
 intention not to make any remarks when he arrived at the scaffold. 
 He did not wish, he said, to talk to any one or to be talked to by the 
 Driest, the Marshal or anybody else. He hoped, he said, the execution 
 would be conducted with as much dispatch as possible, and that every- 
 thing would pass off quietly and silently. The Marshal assured him 
 r ,hat his wishes would be gratified, and that nothing would be left un- 
 done to ease the mind of the prisoner in his last moments. 
 
 THE PASSAGE TO BEDLOE's ISLAND. 
 
 ^ The boat — the Red Jacket — chartered for the occasion by the United 
 States authorities, was crowded, almost to her utmost, when the pri- 
 soner was brought on board, in the custody of Deputy-Marshal De 
 Angelis, who has had especial charge of him since his trial. Marshal 
 Rynders superintended his transfer from the shore to the ship. He was 
 taken aft to what, on ordinary occasions, would have been the ladies' 
 cabin, accompanied by Father Duranquet, the Marshal, Deputy-Marshals 
 De Angelis and Thompson, and Sheriff Kelly. For a short time the 
 eabin was filled with curious persons, who, however, had the good feel- 
 ing * € vptjvs at an intimation from the prisoner, that he wished to con- 
 
*J4 THE TRIAL AND CONFESSION OF 
 
 fer uninterruptedly with the priest. Subsequently he came from the 
 cabin and looked from the windows on the river, evincing no show of 
 feeling. But for the fact that he was known to be the man who was 
 to die, his apparent unconcern for the great event of the day, would not 
 have struck anybody, as he would simply have been set down as one 
 of the crowd of spectators. As it was, known as he was, as Hicks the 
 pirate, whose moments of life were ebbing with every evolution of the 
 paddles that threw back the spray of the hissing water almost in his 
 face — those who saw him wondered, and came, perhaps, reluctantly to 
 the conclusion that the man had no human feeling. Probably those 
 who said so did him wrong, but his coolness and self-possession were at 
 least remarkable, even for a great and hardened criminal. 
 
 On leaving the pier, the Red Jacket proceeded for a while up the 
 river, before making a turn to approach the island. She passed the 
 Harriet Lane and the Great Eastern, and one would have thought that 
 those ships, especially the latter, were the sights for the sake of which 
 the whole excursion had been planned. The rush to the side of the 
 Red Jacket when passing the mammoth steamer was so great that the 
 former nearly dipped her gunwales in the water, and the officers of 
 the United States Marshal on board had to use their authority to draw 
 the crowd away, and restore the equilibrium of the boat to prevent her 
 capsizing. 
 
 ARRIVAL AT THE ISLAND. 
 
 As the boat neared the pier, Marshal Rynders, in a few remarks, im- 
 pressed upon the crowd the necessity of preserving order and obeying 
 the instructions of his officers. The police, he stated, were to go ashore 
 first and take up their position at the scaffold, and then the crowd 
 were to follow four abreast. About five minutes were occupied in 
 arranging the order of procession, preparing the culprit, etc. Finally, 
 at ten minutes past eleven o'clock, all being in readiness, the procession 
 started from the boat in the following order : 
 
 The culprit, supported on either side by Father Duranquet and 
 
 Deputy Sheriff Isaacs. 
 
 Marshal Rynders, Deputy Marshal Thompson and Sheriff Kelly. 
 
 Deputy Marshals De Angelis, O'Keefe, Theodore Rynders, Thompson, 
 
 Donnell, Wilson, Dugan, Clackner and others. 
 
 The physician's staff, consisting of Doctors Woodward, Thompson 
 
 Weltje, Bell, Phelps, Barry, Kennedy and Church. 
 
 The representatives of the press, numbering about fifty, genuine 
 
 and bogus. 
 
 Deputy Sheriffs, city officials, and spectators. 
 
 Police. 
 
 As the procession passed from the side of the boat to the pier, 
 Major John B. Hall, who had charge of the military arrangements, ad 
 vanced with a platoon of marines, and, forming a line on each side of 
 the pier, allowed the procession to pass up to the shore. Here the 
 cortege was flanked on each side by troops which had been sent from 
 
ALBERT W. HICKS, THE PIRATE. 75 
 
 Fort Hamilton and Governor's Island for the purpose ; and as the tail 
 end of the procession passed over the side of the boat the military 
 closed in behind and formed a hollow square all the way up to the foot 
 of the scaffold. The scene was a most imposing one indeed, and wiH 
 long be remembered by those who witnessed it. The presence of the 
 military in such large force, the perfect discipline of the soldiers, the 
 appearance of the culprit as he passed on his way to the gallows, the 
 fleet of steamers, sailing vessels and small boats laden to the waters' 
 edge with a breathless multitude, all contributed to make the scene 
 intensely exciting and unusually interesting. Of all those assembled, 
 Hicks himself, perhaps, was the least excited and unmoved. He viewed 
 the scene with the most wonderful indifference, as though it was any 
 every day occurrence, and walked through the long line of military as 
 unconcerned as though nothing unusual was going on. 
 
 The path from the steamboat wharf to the spot selected for the exe- 
 cution lay along the water's edge, so that Hicks had a full and unob- 
 structed view of all that was going on around him ; yet he was as 
 stoical as an Indian, and passed on without apparently noticing the 
 military display or the multitude that had assembled to witness his 
 execution. His extraordinary coolness under such circumstances ex- 
 cited the wonderment of all. Nobody had ever seen anything like it 
 before. 
 
 On the arrival at Bedloe's Island, the scene was a surprising one. 
 Steamboats, barges, oyster sloops, yachts and row-boats, swarmed 
 everywhere in view of the gallows. They had come from all parts. 
 From Connecticut, where the murdered captain and the brothers Watts 
 belonged ; from Long Island, where they were well known. Large 
 steamers, such as carry hundreds of people away on pleasure excursions, 
 were there, so laden with a living freight of curious people, that it 
 seemed almost a wonder that they did not sink incontinently. There 
 were barges there with awnings spread, under which those who were 
 thirsty imbibed lager-bier. There were row-boats, with ladies — no, 
 with females of some sort, in them, shielding their complexion from the 
 sun with their parasols, while from beneath the fringes and the tassels 
 they viewed the dying agonies of the choking murderer. But most 
 conspicuous of all, and most regarded, was the sloop E. A. Johnson, 
 on which the murders were committed. Newly painted, she stood well 
 into shore, her stern not three hundred feet from the gallows, with a 
 huge burgee flying from her top-mast head, on which her name was 
 painted in large red letters. Her deck was crowded, her masts and 
 spars were alive with human beings. Did the murderer see her before 
 the cap, that was to shut out all mundane objects forever from his view, 
 was drawn over his face ? His face was turned fully toward her when 
 he died. • 
 
 When the Red Jacket had reached the island, Marshal Rynders, 
 whose arrangements, and his mode of carrying them into effect were 
 throughout of the most admirable kind, first had the boat cleared of all 
 persons but his own officers, the physicians and members of the press. 
 Then the physicians passed out first, some twenty or more in number, 
 among whom we noticed Drs. G. F. Woodward, A. C. Bell, Guilmette, 
 
76 THE TRIAL AND CONFESSION OF 
 
 I 
 
 Weltje, Phelps, Barry, and Dr. Kennedy, of the police force. Then 
 came the reporters and sundry parties, such as Aldermen and Council 
 men, and others of less note. These all were ordered to form in line 
 on the boat, while the prisoner, in charge of Mr. De Angelis, followed 
 by the Marshal and his aids, landed on the island. The foregoing order 
 of procession was then resumed, and so the cortege reached the scaffold 
 — Hicks ascending the hill alone and walking with a firm step. His 
 eyes were directed to the earth, and he did not appear to be conscious 
 of the motley and strange scene before him. 
 
 It was a motley and strange scene, indeed. On the water, there 
 were not less than from 10,000 to 11,000 persons present, in costumes 
 almost as variegated as at a carnival. White shirts, red shirts, blue 
 shirts, blue jackets, red jackets, green jackets, and every steamer, vessel 
 and yacht, decorated with lively-colored flags, while the uproar was 
 incessant — cries of " Down in front," " Get out of the way," — rising 
 from hundreds of throats at the same time. 
 
 THE SCENE FROM THE GALLOWS 
 
 was, perhaps, the most remarkable and suggestive feature of the entire 
 affair. Numberless small boats, crowded with men and boys, lay in 
 the river, directly before the gallows, covering an area of several acres. 
 Beyond these were about forty sailing vessels, sloops, and schooners, 
 conspicuous among which was the E. A. Johnson ; and still further lay 
 no less than eleven excursion steamboats, laden with spectators, who, 
 crowding to the island side of the boats, caused them to sink on that 
 side to the water's edge. The anxious spectators, in their desire to 
 witness the execution, climbed upon the machinery, on the walking- 
 beam, and other dangerous places. The masts of the sailing vessels 
 'vere all black with sailors clinging to them, apparently in the most 
 uncomfortable positions. So close were the boats together that from 
 near the gallows it was impossible to see the water between them. 
 
 The effect was that of a vast raft crowded with men, many of them 
 in red shirts, and the majority of them sailors. There were a number 
 of boats, however, from Jersey City, Brooklyn, and adjacent places, 
 containing professional men and others. 
 
 It is difficult — indeed impossible — to estimate the number present. 
 Some put the number as high as ten, and certainly it was not less than 
 five thousand. The gallows was not hidden by any awning whatever, 
 and it would have been impossible for those who arranged the affair to 
 have given the public a better opportunity of witnessing it. 
 
 The conduct of the people in the boats was remarked by many as 
 being very exemplary. There was no noise, no confusion, and no ex- 
 pression of either hatred or pity. Once or twice, when some of the 
 soldiers or officers got before the scaffold, so as to intercept the view, 
 there would be a shout to get out of the way ; but even this emanated 
 from the boys, and not from the grown portion of the audience 
 
iLBERT W. HICKS, THE PIRATE. 77 
 
 THE EXECUTION. 
 
 The procession reached the foot of the scaffold at ten minutes past 
 eleven o'clock. The culprit immediately knelt on the grass, and for a 
 moment or two was engaged in prayer. He then rose slowly, and, 
 facing the fleet of vessels which were anchored within a few feet of the 
 shore, gazed intently on the vast throng. While thus engaged in sur- 
 veying the exciting scene, his eye caught the burgee of the identical 
 oyster -sloop E. A. Johnson. He gazed at the flag for a moment, as if 
 in recognition, and then, lowering his eyes, looked long and earnestly 
 upon the vessel and its crew. The sight did not seem to shake him in 
 the least, however, for he remained firm and indifferent to the very last. 
 At length the fatal moment arrived, the executioner is observed to 
 place the rope around the culprit's neck, the black cap is drawn over 
 the unfortunate wretch's face, the Marshal takes his position beside the 
 criminal, sword in hand, the fatal signal, the waving of a handkerchief, 
 is given, the axe descends, and the next moment the body of the pirate 
 is seen dangling between earth and heaven. 
 
 The execution took place at a quarter past eleven o'clock precisely. 
 For thxi first three minutes the culprit struggled severely, but after that 
 he appeared to suffer little or no pain, and died comparatively an easy 
 death. At eighteen minutes past eleven his limbs began to relax, and 
 the absence of any muscular contraction denoted that the executioner's 
 work was well-nigh over. 
 
 A moment afterward there was a short convulsive twitch of the 
 shoulders, and all was still as death itself. Now the hands of the cul- 
 prit begin to grow dark under the influence of the piuionings, and the 
 neck above the noose assumes a similar hue, and the body becomes per- 
 fectly motionless, except when moved to and fro by the wind. 
 
 Eleven minutes after the rope had been cut, the body was lowered 
 several feet, so as to give the physicians an opportunity of examining 
 the heart and pulse of the criminal. A slight muscular contraction of 
 the heart was the only remaining sign of life. But in a few minutes 
 even this had fled, and the doctors pronounced life to be extinct. 
 However, it was deemed advisable to let the body remain suspended for 
 some time longer; so the corpse was raised again to its original position, 
 and allowed to remain there until a quarter to twelve o'clock. 
 
 LOWERING THE BODY. 
 
 The body having been suspended half an hour, the ( Marshal ordered 
 it to be lowered and placed in a coffin which was in. -'readiness to re- 
 ceive it. A large piece of canvas was spread under* the scaffold, and 
 on this was placed the coffin. Upon removing the' black cap which 
 enveloped the head of deceased, his features were found to be quite 
 natural. His face bore a calm expression, and nothing but a slight 
 protrusion of the tongue denoted that death had been produced by any 
 other than a natural cause. The neck of the culprit ' had been dislo- 
 cated by the jerk, which accounted for the remarkably easy manner in 
 
78 THE TRIAL AND CONFESSION OF 
 
 which he died. Of the numerous criminals whom it has been our lot 
 to see executed, none other suffered so little as the pirate Hicks. 
 
 The lid of the coffin having been secured, the remains were placed on 
 board the tug* Only Son, and landed at the Custom-house dock. His 
 wife — poor thing, a widow then — through some misapprehension, 
 waited for them at another locality, accompanied by a priest, and the 
 body was interred in Calvary Cemetery without her knowledge. In con- 
 nection with this unhappy mistake, we are requested to publish the 
 following : 
 
 "New York, July 13, 1860. 
 " I hereby certify that I was present at the execution of A. W. 
 Hicks, this day, July 13, 1860, on Bedloe's Island, and took charge of 
 the body at the gallows, and after Marshal Rynders had it placed on 
 board the steamboat Only Son. It was conveyed at once to the Cus- 
 tom-house Dock, and then I had it conveyed at once to Calvary Ceme- 
 tery, for interment, sending two of my attendants with it, who expected 
 to meet the widow of the late A. W. Hicks there. They remained at 
 the Cemetery until half-past five o'clock. As the widow did not arrive, 
 we had the body buried. 
 
 " W. H. Taylor, No. 163 Bowery. 
 
 " C. E. Deriffney, 
 
 "B.Hays." 
 
 11 1 certify that the above signatures are correct, and that he was 
 buried by men in my employ. " W. H. Taylor.." 
 
 Hicks made no speech at the gallows, as it was generally expected 
 he would have done. His only words were, " Hang me quick — make 
 haste." His demeanor was calm and collected ; was indeed such as 
 might have created sympathy for him, if the remembrance of his ap- 
 palling crimes had not been too vivid. As it was, twelve or thirteen 
 thousand persons regarded the scene without even any touch of sad- 
 ness. Few men have passed from earth so wholly unregretted as did 
 this murderer and pirate. 
 
 The arrangements, from first to last, were perfect, so much so that 
 on the return of the Red Jacket to the city, a meeting of the passen- 
 gers was called, and a resolution commendatory of Marshal Rynders, 
 his deputies and aids, was adopted by acclamation. 
 
 THE RETURN 10 THE CITY. 
 
 Before the body was taken down, a number of the heavily laden 
 excursion boats had started on their homeward way, among them the 
 Stevens, the Mayflower, the J. Lockwood and others. 
 
 The collection of small boats also began soon to break up, and imme- 
 diately after the body was removed, the sails were unfurled, the rowers 
 took their oars and the fleet quietly dispersed. The Red Jacket, with 
 the policemen and the same crowd of passengers it brought up, was 
 one of the last to leave. Perhaps the delay was occasioned by the 
 desire of those on board to hold parley with a party on board a smaller 
 
ALBERT W. HICKS, THE PIRATE. 79 
 
 vessel going down the bay to meet the Vanderbilt and John 0. Heenan. 
 A cannon was on this smaller vessel, which was fired a short time after 
 the execution. People hearing it, not knowing the circumstances, might 
 have naturally concluded that it was a feu de jok over the successful 
 hanging of the pirate Hicks. 
 
 On the return trip, the Red Jacket made a short excursion up the 
 river as far as opposite Spring street, and then returning down stream, 
 landed her passengers at pier No. 1. 
 
 THE GENERAL FEELING. 
 
 Never, perhaps, has a criminal been executed in New York for whom 
 a less degree of sympathy was felt than in the case of Hicks. This was 
 caused by the enormity of his crimes, while the detestation of the crimi- 
 nal was heightened by his offensive demeanor and the spirit of bravado 
 evinced in his somewhat apocryphal published confession. 
 
 The detestation was evinced in a coarse manner by the remarks made 
 by those who witnessed the execution. The majority thought and said 
 that hanging was too good for him, while others expressed a sort of 
 fiendish regret that he had not suffered more at his execution. "Watts 
 and Burr had not such an easy death," they said. No one heard an 
 expression of sympathy for the pirate. 
 
 Some persons strongly approved of the place and mode of hanging. 
 "Capital place," they said; "just the place to hang a man where 
 everybody can have a fair sight of him." And others thought that 
 every execution ought to take place on Bedloe's Island. 
 
 THE DISPOSITION OF THE CULPRIT'S CLOTHING. 
 
 " Stockbridge, Mass., July 10, 1860. 
 
 " Sir, — After the execution of Hicks, will you please deliver to the 
 proper owners and claimants, the clothing which was taken by officer 
 Nevin, at Providence — that is, to Mrs. Burr, and Mrs. Hubbard, mother 
 of Smith Watts — as there will be no further need of detaining it. Mr. 
 Simmons will receive from Mr. Stillwell, the Clerk of the Court, the 
 money which we used for identification on the trial ; and Mrs. Burr 
 will receive her husband's watch there also. These things have been 
 in charge of Mr. Stillwell, uuder seal and lock since then. 
 
 " I had not time to call on you in regard to this matter before I left 
 town last week, as I hoped to be able to. Permit me to express to you, 
 both for myself and the prosecution, which I represented at that time, 
 thanks for the courteous and thorough manner in which you performed 
 your part in the affair ; and to assure you that it was a source of 
 great satisfaction to the federal officers to meet with such hearty 
 and able cooperation as we did at the hands of yourself, officer Nevin, 
 and others of your precinct. 
 
 " I shall hope to continue my acquaintance with you when I return 
 to town to resume my private practice ; and meanwhile I remain, very 
 respectfully, your obedient servant, 
 
 "James F. Dwigbt 
 
 " Capt. Hart B. Weed, Second precinct police, etc., etc." 
 
80 THE TRIAL AND CONFESSION OF 
 
 BLOOD FOR GOLD ; OR, THE CONFESSION OF HICKS, THE P1RATB. 
 
 Adah. Wh© 
 
 Art thou that steppest between heart and heart ? 
 Cain.— He is a god. 
 
 Adah. How know'st thou? 
 
 Cain. He speaks like 
 
 A god. 
 Adah.— And so did the serpent, and it lied. Gain. 
 
 The lighthouse faded with the shore, 
 
 The clouds of night came on — 
 The silent shark's grim, shadowy form 
 
 Beneath the moonbeams shone — 
 As gaily o'er the dashing foam 
 We held our course alone. 
 
 While, happy in his dreams of home, 
 
 Each weary messmate slept, 
 That night upon the fated deck 
 
 The lonely watch I kept, 
 When, gliding o'er the vessel's side, 
 
 A figure toward me crept. 
 
 A form I ne'er had seen before, 
 
 With footfall like the snake ; 
 The terror of that midnight hour 
 
 Still bids my bosom quake — 
 And straight advancing, did implore 
 
 My leave the helm to take. 
 
 His look was keen, his words were few, 
 
 His voice was low and clear — 
 The magic of its mellow tone 
 
 Was melody to hear. 
 " Whence art thou, stranger friend ?" quoth I, 
 
 " And what thy mission here ?" 
 
 " I am the Prince of Earth and Air," 
 
 The fiend-like form replied ; 
 "If thou, dispelling doubt and fear, 
 
 Dost in my faith abide, 
 I pledge thee, to thy cause sincere, 
 
 This night, we rule the tide. 
 
 " To me the lapse of ages seem 
 
 A brief and fleeting span ; 
 My shadow darkened Eden's streams— 
 
 Old Ocean's depths I scan ; 
 And traverse every spot of earth, 
 
 Invisible to man." 
 
 With arm of might that dreadful night, 
 
 I struck the fatal blow — 
 Beheld the thick'ning life-drops fall 
 
 Upon the placid brow — 
 And hurl'd the supplicating form 
 
 Amid the waves below. 
 
ALBERT W. HICKS, THE PIRATE. 
 
 The billows quenched the dying groan. 
 And hushed the gasping breath; 
 
 I saw the struggling form go down 
 To watery worlds beneath, 
 
 Without a eigh or prayer for him 
 Who passed from sleep to death. 
 
 Alone upon the boundless deep. 
 
 Upon the trackless sea, 
 Where'er the billowy surges sweep, 
 
 No human face I see — 
 I little thought that there was One 
 
 Who had an eye for me. 
 
 And now, an outcast's death I die, 
 My hands with gore imbrued ; 
 
 The Christian's grave were mine, had I 
 The tempter's snare withstood, 
 
 Nor shed a brother's blood for gold, 
 To forfeit gold for blood ! 
 
 81 
 
 T. 0. 0. 
 
 BROOKLYN, JWM, 1S60. 
 
 THE PIRATE GIBBS. 
 
 As anything connected with pirates is just now eagerly discussed by 
 the excited populace, we here append a short statement, which we find 
 in "The New York Times" of July 14. Twenty-nine years ago, the 
 Pirate Gibbs was executed at Ellis' Island, for crimes similar to those 
 of Hicks. 
 
 During the imprisonment of Gibbs, after his conviction for piracy, he 
 made full and free confessions of his crimes. His confidant was Thomas 
 Morris, then United States Marshal for this District. The memoranda 
 of these confessions, made at the time by Mr. Morris, are still in exist- 
 ence, and from them we derive the particulars which follow. The paper 
 on which they are written is yellow with age, and the ink brown and 
 faded. 
 
 Gibbs seems to have made conflicting statements, for the broken 
 parts of his narrative, scattered over a dozen pages of manuscript, do 
 not fit together, and in some instances there is a flat contradiction of 
 one portion with another. With some pains, we gather the story of 
 the pirate's life, as told by himself, free from the discrepancies into 
 which he appears to have fallen with the utmost deliberation. Omit- 
 ting those passages which he afterward declared to have been purposely 
 falsified, we reduce the confessions to the order which follows. It will 
 be observed that, like Hicks, Gibbs boasted of the commission of oue 
 hundred murders, and also gives the particulars of some of the more 
 heinous of his crimes. 
 
 In the course of his conversations with Marshal Morris, Gibbs stated 
 that he entered the United States Navy at the age of 15, as a midship- 
 
82 THE TRIAL AND CONFESSION OF 
 
 man. His father was a sailing-master in the Navy, and held the com- 
 mand of a gun-boat attached to the flotilla of Com. Creighton in the 
 time of the war of 1812. Young Gibbs served on board his father's 
 boat from 1813 to 1815, but finally relinquished his place, from disgust 
 with the severity of naval discipline. The wishes of his father weighed 
 very little in the unsettled mind of the son, and he went his ways to 
 find a living elsewhere. Gibbs went to Boston, and tried the experi- 
 ment of store-keeping in a small way, and soon tired of a life which 
 offered no excitement, and again determined to go to sea. He shipped 
 before the mast on board the brig Harriet, for a West Indian voyage, 
 and performed his contract to the letter, making the round voyage, and 
 subsequently returned to Havana. That wag the end of his honest 
 career. From the period of his return to Havana, he entered upon a 
 life of crime, and went from bad to worse, until he expiated his offences 
 by the forfeit of his life, at Ellis' Island, in the summer of 1830, in com- 
 pany with his confederate, Walmsley, a negro. 
 
 As nearly as can be gathered from Gibbs' statements, his piratical 
 career began in the latter part of the year 1818, or the early months 
 of 1819. The pirates who then infested the Spanish main, had their 
 head-quarters in Havana, where they received the encouragement of 
 the merchants, by whom their illegal cargoes were usually purchased 
 at one-half their actual value ; nor did the government exercise any 
 vigilance in the suppression of this contraband traffic. Gibbs, whose 
 proclivity to evil was irremediable, found means to place himself in 
 communication with the pirates soon after his arrival at Havana, and 
 presently became a leading spirit in all the cruel and bloody enter- 
 prises of the freebooters. 
 
 Three or four years were passed in this way, before Gibbs set up 
 business on his own account. During the whole period of his connection 
 with the gang, as it appears from his confessions, he made common 
 cause with the pirates, helped them in their diabolical work, and re- 
 ceived his share of the net proceeds of their captures. His first field 
 of operations was in and about Cape Antonio, the Bahamas, Stirrup 
 Key, and the Double-headed Shot-Keys. His confession to Marshal 
 Morris, given in his own words, sums up the result of this first cruise 
 of four years, as follows : 
 
 " We made about twenty prizes, which were very valuable. We 
 realized from them $500,000 to $600,000, but they were worth three 
 times what we got for them. The crews of the piratical vessels were 
 sometimes 20, 30 or 40 men, and the proceeds of a crime were equally 
 divided among them. All the crews of the vessels we captured were 
 put to death ; sometimes shot, and sometimes thrown overboard. No 
 quarter was given when captures were made." 
 
 On another occasion, Gibbs said : 
 
 " We used to receive considerable encouragement from wealthy 
 merchants at the Havana, who would take our cargoes and give us 
 half the value of them ; particularly from one merchant, a native Spa- 
 niard, who was reported to be worth from $700,000 to $800,000." 
 
 About the year 1820, or 1821, off Cape Antonio, the vessel in which 
 Gibbs served captured the ship Caroline. She had on board three 
 
ALBERT W. HICKS, THE PIRATE. 83 
 
 officers, eight seamen, a cook and steward. She was run on shore at 
 Cape Antonio, where the pirates intended to take out the goods and 
 send them to Havana, and then to destroy the officers and crew. The 
 mate was wounded during the conflict. Before the work of destruction 
 could be completed, however, the United States brig Enterprise, then 
 commanded by Lieut, (now Commodore) Kearney, hove in sight, and 
 the pirates were compelled to abandoned their prize. They lost their 
 own vessel, with three other cargoes which had been stored at the cape 
 for shipment to Havana, all of which were taken away by the Enter- 
 prise. Escaping to Havana, the pirates, deprived of their vessel, 
 scattered in different directions, and Gibbs found his way to Buenos 
 Ayres. He entered the navy of that State, and served for six months 
 in the capacity of Lieutenant. Having resigned that post, he got 
 command of a little brig called the Piciana, formerly the Spitfire, of 
 Baltimore. In this craft he made two cruises, but afterward sold her 
 and purchased a larger vessel. While privateering off Buenos Ayres, 
 he made about fifty captures, some of which were very valuable, and 
 others worth but little. Separate command seemed to aggravate the 
 bloodthirsty spirit of the fellow, for he made this confession, among 
 others equally revolting, viz. : 
 
 " I cannot tell exactly how many lives I may have taken, but sup- 
 pose the number to be about one hundred. The greater part of these 
 were killed in action. I have killed, occasionally, men under my own 
 command, which I was fully authorized to do by the party I com- 
 manded, whenever my authority was resisted, and it was thought to be 
 for the good of the whole. My own life also was frequently in danger 
 from the violence of my associates. I do not remember the number oi 
 my companions killed by me, but they may amount to six." 
 
 THE STORY OF A DUTCH GIRL. 
 
 The only instance of his cool-blooded cruelty for which he appeared 
 to feel any compunction, was the murder of a young girl. The circum- 
 stances were narrated by himself, as follows: 
 
 "In 1819, while in a vessel with thirty hands, about one hundred 
 miles off Cape Antonio, we fell in with a Dutch ship mounting four guns. 
 We hailed her, but received no answer, and then made arrangements to 
 board. She fired two of her guns at us, but missed. We carried her by 
 boarding. She had twelve -hands and eight or ten passengers, all of 
 whom were put to death excepting a handsome young Dutch girl, who 
 threw herself at my feet, grasping my knees and begged me to savesher. 
 The greater part of our crew were Frenchmen and Spaniards, and I 
 suppose that she supplicated me because, from my appearance, she 
 saw that I was neither. I told her that I would save her if I could, 
 and had her taken down into the cabin. She landed with us at Cape 
 Antonio, which was our place of rendezvous. After remaining with us 
 about three months, during which time she lived with me as my mis- 
 triss, she was killed by mixing opium in her drink. I regret that I did 
 not lose my own life before hers was taken, for I think I loved her. 
 She was murdered from an apprehension that she would get away and 
 
84 THE TRIAL AND OONFEBBIOtf OP 
 
 inform against us. If I could have done so with safety, I would have 
 lived with her in any part of the world, though I consented to her 
 murder." 
 
 Gibbs never spoke of this girl to Marshal Morris without manifesting 
 emotion. Her murder was the only one of his crimes for which he ever 
 expressed any contrition. 
 
 BURIED TREASURE. 
 
 Scattered through the fragmentary confessions of this hardened 
 criminal we find several allusions to buried treasure, amassed in his 
 nefarious business, and concealed at various points. Mr. Morris, how- 
 ever, considers that these stories were fabricated, with a view to induce 
 the turnkeys of the prison to release him and aid in searching for the 
 money. " I have in the West Indies, buried in specie," says Gibbs in 
 one part of these confessions, '* the sum of $150,000, and have also in 
 the hands of a person in Buenos Ayres, who, I am confident, will apply 
 it as I desire, $50,000." In another place he says : " The quantity of 
 money buried in different parts of the West India Islands is beyond cal- 
 culation. Immense treasures have been secreted there ; a great por 
 tion of which will never be found, those who buried it having died or 
 been lost at sea." In alluding to measures for the suppression of piracy, 
 Gibbs said : " The American and other cruisers in the West Indies are 
 of very little use in the suppression of piracy. The pirates always know 
 where they are, but they know but little about the pirates. I have 
 frequented the coffee-houses at Havana for the purpose of ascertaining 
 from American and British officers, with whom I would become ac- 
 quainted, where they were going, in order to avoid them." 
 
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