The peculiar circumstances connected with the case of the brig Crawford, which will be developed in the sequel, induced Chief Justice Marshall to hold a special term of the Federal Court for the Fifth Circuit and Eastern District of Virginia, for the trial of the three Spaniards. The three prisoners, viz: Pepe, otherwise called Jose Hilario Casaris, Couro, otherwise called Joseph Mirando, and Felix, otherwise Felix Barbeto, were all charged in the first indictment with Piracy, and in each of the others, with the murder of some one of the persons who were slaughtered by them.The prisoners having been arraigned, pleaded not guilty to all the indictments. Mr. Stanard, District Attorney for the United States, conducted the prosecution. The Court assigned Mr. Leigh, in addition to Mr. Schmidt, who appeared as counsel for the arraigned.

In compliance with a wish expressed by the prisoners they were tried separately; and consequently the testimony, being the same in each case, was repeated by the witnesses on the three several trials. One of the material witnesses being unable to speak the English language, and the prisoners understanding only the Spanish, Mr. Adolphus Crozet acted as interpreter on the two first, and Dr. Lemosey, on the last trial.

Edmund Dobson, the first witness called, was the mate of the Brig Crawford. From his testimony we collected the following facts, which we give, without pur

suing the order of his narrative, or extending the statement by pursuing the cross-examinations that were had. The brig Crawford was built at Troy, and registered last at Providence, from which port she sailed about the 6th of April for Matanzas, in the island of Cuba. Capt. Henry Brightman, master, himself, mate, and Joseph Doliver, Oliver Potter, Asa Bicknell, Asa Bicknell, Nathaniel P. Deane, and Stephen Gibbs, (coloured cook) mariners. After discharging their cargo at Matanzas, the captain told him he expected to have some passengers, who were foreigners. About a week before they sailed, Alexander Tardy came on board and staid all night, but returned to shore the next day. But while taking on board their homeward cargo, Tardy remained on board several days. He thinks it was about three days before they sailed, the prisoners Felix and Couro came on board bringing a small iron bound box, said to contain money. The witness was ordered to put it under the Captain's birth, in a locker, which he accordingly did, in the presence of Felix, who seemed satisfied with this disposition of it. From that time till the vessel sailed, Felix remained on board, during which time much of the cargo was taken in. In the course of the testimony, the history of this box seemed to have an important bearing on the trials, and the witness was cross-examined respecting it. He said he never saw or knew any thing of it afterwards; and did not think that it

could possibly have been brought from below, put on board the boat, and sent ashore, without Felix or himself knowing it. He had understood from the cook, who was a black man, that it had been removed--and by consent, this hearsay testimony was permitted to be related-and the witness said, he was told by the cook that Felix had caused the box to be removed to a locker under the cupboard, and afterwards to Felix's own apartment and that this occurred before they left the bay of Matanzas. Pepe came on board the day before sailing. The passengers being all on board, the vessel was moved out a little from among the other shipping, where she remained until her papers were obtained, and there was no longer any cause of delay. sailed on the 28th May.

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Nothing remarkable occurred until the morning of the 1st June. They breakfasted about 8 o'clock. Tardy seemed to be somewhat officious on the occasion. helped the witness to some fried eggs and ham, and a bowl of chocolate. Witness spilt some of the chocolate. Tardy insisted upon it, and actually replenished the bowl. After breakfast he retired to the state room, to get some rest, having been up all night. He soon felt very giddy in the head, and sick at the stomach. The captain soon came down, and when he ascertained his situation, invited Tardy, who professed to be a Doctor, to come down and see him. T. did so; said that he was bilious, and proposed an emetic. Mr. Robinson, the supercargo, advised him to have nothing to do with his medicine,

and he determined to defer it until the next morning. He came on the deck and laid down on a mattrass, where he remained all day quite sick, and vomiting occasionally. In the evening Robinson told him he had no doubt but that Tardy had given them all poison; and that, for the future they must eat nothing but what was served up by their own cook; that Couro had come on board in the capacity of a servant, and that he must be made to cook for the Spaniards. The witness had no suspicion at that time at being poisoned, as the cook had not told him of Tar dy's agency in cooking the breakfast. In the evening about 8 o'clock he went into the cabin, and found the Captain quite unwell with the asthma and a cough; who invited him to sleep along side of him, and said that Robinson would stay in the cabin with them. As the weather was warm and he felt some solicitude about the vessel, he declined, and came on deck, where he lay about four hours or until about 12 o'clock, when Doliver, one of the seamen came to the relief of the man at the helm. There was no moon and the night a clear star light night. He gave D. orders to ap prise him of any change in the weather, and then slept he thinks until between 1 and 2 o'clock, when he was suddenly awoke by a noise, the cause of which he did not understand. ward, and as soon as he got a little beyond, the windlass, he saw 8 man standing with a knife in his hand by whom he was severely stabbed in the shoulder, (the wit nesses' arm is still in a sling.) In a state of great excitement and a

He ran for

larm, he ran across the vessel where he found Potter, a sailor, standing in a reclined position, who said he was stabbed, and asked if they could get any assistance? The witness seized a handspike from the long boat and attempted to get into the main rigging. He found Doliver and Potter had both ascended before him, and the blood from their wounds was streaming down like rain over him and the rigging. He saw a man about this time leaning against the railing who in a short time fell as he believed dead.He thought it was the captain and spoke to him, but got no answer; he had since understood it was not the captain. Whilst in this situation Potter fainted, and the witness and Doliver then told him that Tardy came to the helm, looked into the binnacle and about, but excited no suspicion in his mind; though suddenly cut him very badly in the throat, and took the helm from him. Whilst at the mast head witness heard Robinson and Nathan overboard and in the water. He knew them by their voices.

They were in great distress and implored to be permitted to come on board; but the Spaniards said no, no, no. Robinson kept rather off, but Nathan came near the vessel and entreated that a barrel, a plank or an oar might be thrown overboard to him, that he might prolong his existence in that way for a little while, under the desperate hope of succour from some vessel that possibly might pass him. But his entreaties did not in the least move the hearts of the Spaniards. They refused, and even attempted to plunge a harpoon or some such

instrument into him, and to strike him with an oar. Finding his supplications so inhumanly receiv ed, he sought and remained with Robinson, until they were both exhausted and sunk to rise no more. The witness also heard two bodies thrown overboard. He next heard the Spaniards talking about him; and Tardy soon asked if he was above and was wounded, and told him to come down. He refused to do so, saying if he did they would kill him, and preferred staying where he was and dying with his shipmates. Tardy told him the Spaniards said they would not hurt him, and that if he would come down, he would give him his word of honour he should be safe. One of his shipmates begged him for God's sake not to go down to be butchered; he, however, did so, upon Tardy's assurances. After getting on deck, Tardy and the three Spaniards came around him. Tardy questioned him about the box of money; and said that the captain, before they sailed from Matanzas, had sent the money on shore, and that the Spaniards had determined not to come to the United States and have a suit about it, but to seize upon the vessel, and do themselves justice. He agreed that he would assist him in navigating the vessel. At his request he was then laid down by them, and Tardy ordered up the medicine chest to dress his wound, but the Spaniards, as he understood them, said no, no, time enough yet. Tardy having ascertained from him who else were aloft, and ordered them to come done one at a time. After a while Doliver came down. Tardy stood at the

helm, and the Spaniards went round Doliver, and after some conversation among them, he saw Couro stab Doliver; Pepe, then run upon him, and striking him in the breast he fell overboard. He heard Doliver call to Potter from the water and tell him not to come down, for if he did the barbarous wretches would kill him. Some short time after, he heard Potter tumble from the mast head and fall overboard without a groan.

After day light, Pepe and Couro, loaded two muskets, went forward and called up a man (Bicknell) from the forecastle, who had no shirt on, and seemed to be wounded, having something like a handkerchief tied around his breast. While Bicknell was sitting on the rail, one of them fired a musket at him, and he fell overboard. The other then fired and the witness thought hit him, for he heard him groan heavily. They then called down the cook who hid himself, and was until then unperceived in another part of the rigging, ordered him to go to work cooking breakfast, which he promptly obeyed. The witness saw a knife lashed to a staff; two of the Spaniards were without shirts, and besmeared with blood, with their bloody knives sticking in their girdles about their waists. There was a bottle of spirits sitting not far from where he was, to which the Spaniards went and drank. Tardy, observing that the witness was almost overpowered by the horrid butchery he had witnessed, and the appalling sight of the bloodthirsty monsters, then exulting in the success of their more than savage cruelties; attempted to allay his fears, by telling him that

these Spaniards had been drinking all night and were not yet drunk, and that notwithstanding what had happened, and the ap pearance of their knives, they would not hurt him; and he (Tardy) pledged himself again to that effect. The pirates then went to work in destroying all the papers belonging to the vessel, which were thrown into the sea. The leaves of the bibles belonging to some of the men were torn out, and also thrown overboard, as were the seaclothing of the sailors. During this destruction of these evidences of the character of the vessel, Tardy and the Spaniards kept up a constant huzzaing, exulting and bragging of their exploit.

The vessel was all a gore of blood; her deck, masts, spars, sails, &c. The cook was made to take buckets of water and wash it away; where it could not be gotten off the sails, &c. he was made to paint them over, so as to hide it. Pepe, after one of the other Spaniards had fixed the rope, hauled up the dead body of the Irish passenger from below, which was thrown overboard.— The command of the vessel was assumed by Tardy, who knew very little of navigation; the Spaniards knowing nothing about it, not being able even to splice a rope. The services of the witness were therefore necessary to them. From what he had seen of the men, in whose power he was, he was prepared to execute any order they might give him, even if it had been to throw himself into the deep. He therefore, obeyed them; but with the faint est hope imaginable, of ultimately gaining his freedom or saving his

life. During the dreadful scene, the French passenger was near Tardy at the helm, and showed every mark of suffering and sympathy. Tardy told the witness that the Frenchman was a good and intelligent man, and would be of some service to them.

Tardy showed the witness a complete set of Spanish papers for the vessel, representing her to belong to the Port of Havanna, bound by way of Matanzas to Hamburg in Europe. (These papers were exhibited in Court as part of the evidence, to show that the Piracy was planned, and the mode of executing it arranged before the prisoners left Matanzas. Tardy told the witness he had paid nine doubloons for them, and if the government knew he had procured them, the officer who gave them to him would lose his place. He explained his intention to the witness, of going to Hamburg, and conversed with him about the course to steer, the condition of the vessel, her stores, &c. Felix appeared to be next in authority, and also said they were going to Hamburg, and intimated to the witness that he should share equally in the proceeds of the cargo in Hamburg with himself and Tardy. But as to the other Spaniards they were to have only a little, as they were inferior sort of men. This the witness was made to understand by signs. They then proceeded to dress his wound, and after the sun became oppressive to him on deck, he was removed into the cabin, on reaching which, he fainted. When he revived, he heard a noise, and looking round, observed that Felix was breaking open his chest.

He told him where to find the key, which was procured, and the chest opened. His sea-clothes were taken out and thrown overboard, some trifling articles of clothing were taken with his pocket book, and a small sum of money. The money was carried to the state room, and put into a common stock, composed of the money they got hold of. (The pocket book was found in possession of Felix when taken by the officers from Old Point, and was in Court.)

The witness here related the conversation between himself and Tardy as to the improbability of getting to Hamburg without mariners, and with the small stock of provisions they had. It resulted in a determination to make to the nearest port in the United States, and to take in hands and provisions; and they sailed for St. Mary's, which they nearly reached-but owing to contrary winds, they could not make. The wind was favourable to their going to Savannah or Charleston-but Tardy would not consent to go to either port. He had resided at one place and had failed there in business, and was known in both too well to venture in either. They then determined to sail to the Chesapeake, and barely call at the first port for men and provisions. The witness here gave a long account of what occurred after they entered the Capes, and before they arrived at Old Point. They were spoken by four different pilots, all of whom Tardy refused. The last, however, attempted to go on board, and Tardy was induced by the witness to permit it, to prevent suspicion, as