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the name of the vesl had been effaced the day after the murder of the crew. But, before the pilot boarded, Tardy gave orders to the Spaniards and witness how to deport themselves, so as to avoid the possibility of discovery. He conjured the witness not to betray him, he had saved the witness's life, and he must be true to him. The witness says he quieted his fears, and was clapped on the breast by Tardy, who declared he was just as him, &c. The other details are unimportant. The vessel having been brought to anchor off Old Point Comfort, Tardy announced his intention of going on shore, and promised the witness a good mess of eggs and fresh meat, for he had been living on salt provisions long enough.The witness said he had no idea of staying on board himself that night, if by any stratagem he could get ashore. He had seen one or more bundles of iron tied up, and had previously ascertained from Tardy, that they were in readiness to sink the cook when they killed him. The three Spaniards and the cook were sent aloft to reef the sails, and he proposed to Tardy to assist in getting the boat ready and to bring it alongside for him. His proposition was consented to with some reluctance, and he got into the boat to take out the plug to let the water that was in her escape, and desired that the French passenger should take one rope and Tardy the other, and let the boat down. This they did. As soon as she touched the water, instead of bringing her alongside, he made for the shore with all his strength. He knew that there were no load

ed arms on board, and that he was safe. Tardy asked him as he was going off, if he would betray him; he answered no, and hastened to the shore, where he related the story to the officers in command, and entreated them to go on board immediately that they might save the lives of the Frenchman and the cook. He had noticed the aversion shown by the Frenchman to the Spaniards from the fatal 1st June, and that he avoided all intercourse with them as much as he couldand the witness felt a deep interest in the preservation of his life.

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Mr. Ferdinand Geunouhac, the next witness examined, is a native of the province of Languedoc, in France, and has resided as a merchant in Matanzas for seven years. He is a man of good countenance and deportment, and is unable to speak a work of English. said he knew nothing of the brig Crawford until he took his passage on board of her. Besides himself, there were six passengers, and the supercargo-Tardy, the three Spaniards-and two men who spoke English. He did not think he had ever before seen Tardy or the Spaniards to know them. His detail of the circumstances, and time of sailing, and of the events of the butchery of the Captain and crew, in nearly all the main particulars, corresponded exactly with the testimony of Mr. Dobson. It is unnecessary to recapitulate those parts of this tragical story that have been already told. This witness saw some things which Mr. Dobson did not; understands Spanish, and knew more of the conversations and intentions of the desperadoes-but

we shall omit those parts of his testimony that have been embrace ed above. He stated that he had come on board with the intention of going to New-York to attend to some commercial business in that city. The Spanish passengers told him they had $17,000 on board, were going to New-York to purchase a vessel, and intended to go to the coast of Africa. On the first of June he noticed that the crew were taken sick; the mate (Dobson) being much more so than any of the rest. He did not know the cause, but was told after the massacre by the Spaniards, that the Captain wanted to poison every body on board, that he might get the money of the passengers. He slept on deck the night of the 1st June, and about two or five o'clock he was roused by a noise on the deck. He found Tardy at the helm, near which he lay. It was dark, and he could not well distinguish things-but he saw two men struggling two or three yards from him, one of them fell. He did not know who they were. Pepe told him afterwards it was himself, killing the Captain; but Felix insisted that he had killed the captain. Very soon he saw a man despatching some one with an axe, and he thought he recognized the voice of Pepe, who afterwards told him it was so. He saw a man coming up from the cabin, and one of the Spaniards stabbed him, and he fell back into the cabin. He recognized him to be the man who spoke English, and had a sore on his leg, (which was the case, by Mr. Dobson's testimony, with the Irish passenger.) Felix told him that he had

killed him, and that he thought at the time it was Robinson coming up with a gun. At day-break the witness saw Robinson and the sailor in the water, and confirmed all that Dobson had said respecting them. When the man was called down from the mast, the Spaniards got around him. Pepe asked the others why they were delaying killing him. Couro replied he wanted to give him a good and fatal blow, and not to wound him. [The only gleam of mercy that appears in this whole scene of savage barbarity.] Pepe then ran on him, and he fell overboard. After day break they loaded two guns, called up a man from below who had something tied round his breast as over a wound, and ordered him to jump overboard, which he did; and as he went one of them fired, and as he thinks missed him. The other shot him after he fell in the water. They then hauled up the dead body from the cabin. They examined it, and remarked that the stab given him was the finest they had ever seen in all their lives, it had so completely severed the heart. heard the man fall from the rigging as described by Dobson.-The Spaniards, after the butchery was over, asked Tardy why he had not brought them two knives as he had promised-they said all they had were broken, and if any thing should happen they would have nothing to defend themselves. Tardy promised to buy them the first time he got to land. The clothes of the Spaniards were bloody, and they threw them into the sea, as they did most of the clothes of the crew and passen

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gers. Three or four days afterwards, he heard them say that the mate and cook were only fattening to be killed. Tardy assumed the command, and Felix was to keep the books, and he also had some little knowledge of steering. Tardy showed the witness the false papers obtained in Havana for the vessel, and said they cost him 25 doubloons. The reason he gave the witness for saving his life was, that he was his countryman; that he had been a pirate for a great while, and had never injured a Frenchman, and should not commence then. The same pretext was given to this witness as to Dobson, for the massacre, and of the ulterior views of the party. When near St. Mary's, Tardy proposed to let him go on shore, and to give him $50 to bear his expenses by land to New York. He had strong hope of being spared, until he saw the Spaniards one day making a dirk out of an old knife-but Tardy gave him most solemn assurances of his safety, in which he had some hope, as he recollected how he had made him stand by him at the helm, and protected him during the butchery. He told the same story with the mate as to their arrival in the Chesapeake, the pilots, the conduct of Tardy, and the escape of Dobson in the boat at Old Point Comfort. As soon as Dobson made off in the boat, Tardy appeared to be greatly alarmed, said two or three words to Dobson who replied in one word-none of which he understood. Tardy then told him he was a lost man. An American vessel had anchored not far off, and Tardy spoke it, and obtained from it the use of

their long boat to send to the shore for his own, and two hands to row it. In this boat the three Spaniards embarked-after getting some distance they returned, saying they could not get the boat; but Tardy ordered them to proceed, and they did so; but the Spaniards not going where the boat was, Tardy became more alarmed, expressed his dreadful apprehensions of the consequences, and announced his determination to cut his throat. (It was conjectured that the Spaniards were sent off to secure or despatch Dobson, but preferring their own safety, made their escape.) The witness and Tardy went into the cabin, when the witness took possession of some articles that belonged to him, and then returned on deck. In a few moments he understood from the negro (the cook,) that Tardy had cut his throat.

Mr. Joseph Brough was the next witness examined. He was the Pilot who went on board the vessel and conducted it to Old Point. His testimony corresponded with that of Dobson and the last witness, as to events after his going on board. He witnessed the tragical end of Tardy, and upon rushing upon deck and calling out for assistance, saw the officers from Old Point boarding the vessel.

Captain N. G. Dana, who was temporarily in command at Old Point, and to whom the story of Dobson had been related, after its extravagance had gained some credence with the subaltern officers, gave the necessary orders for Dobson's confinement, for boarding the vessel, &c. &c.

Dobson having told him the vessel was built at Troy, and that her name was effaced, and having satisfactorily answered a few questions as to the localities of Troy, with which the Captain was acquainted, he went on board with a party of armed men, and found that Tardy was only alive. The surgeon was sent for, and pronounced him beyond the reach of his skill. Necessary measures were then adopted to pursue the Spaniards, to secure the vessel, and to have an inquest over the body of Tardy, who lived but a few minutes. The prisoners had lost no time in effecting their escape. They had passed over many creeks and inlets, and over a long and devious route; had crossed James river in a canoe near its mouth, and penetrated many miles into the interior, round the bays and inlets on the South side, before they were overtaken. They were aiming for Norfolk and would not have been

overtaken but for the praiseworthy zeal and exertions of the party in pursuit, who were aided by the inhabitants with fresh horses and one or two recruits. Mr. Servant, Col. Jones and Lt. Robert Anderson were examined as to these particulars. Mr. Westwood, the Custom House Officer at Hampton, proved the identity of the papers found on board the vessel.— An inquest was held over the body of Tardy, and he was buried on the beach, at high water mark, with his face downwards.

The trial under the indictment for Piracy, commenced on Monday and closed on Wednesday. On each day one of the prisoners were tried. In all the cases, the testimony was submitted to the jury without argument from the bar; and the jury, a separate one in each case, after a retirement of but a few minutes, returned with a verdict of guilty.

COURT OF KING'S BENCH, MONTREAL,June 20th.
DOM REX. VS. W. E. BALL, et. al.—On Habeas Corpus.

The case before us presents the following facts: One Joseph Fisher, stated to be an alien, came lately into this Province, where he was attached by his body about the 10th May last, at the suit of one John Wood, a merchant in the State of New Hampshire, for a civil debt of £160, and was thereupon detained in the Jail of this District. On the 28th day of the same month, two warrants signed by Samuel Gale, Esq. the Police Magistrate, were lodged with the keeper of the same jail, the one charging the said Joseph Fisher,

as late of Vermont, gentleman, of "being accused on oath with having feloniously stolen, taken and carried away from a trunk previously locked, bank notes to the amount of $638, the property of John Wood:" and directing the detention of the said Joseph Fisher, in the said jail, to be dealt with according to law. The other warrant being somewhat more extended and precise, stating that whereas Joseph Fisher, late of Vermont, gentleman, an alien, to wit, a Prussian, now in confinement, under civil process, in the

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said jail, stands charged upon oath with having at Middlebury, in the State of Vermont, feloniously stolen, taken, and carried away from a trunk previously locked, bank notes to the amount of $638, and to the number of upwards of 240, the property of John Wood, of Keene, in the State of NewHampshire, and with having, immediately upon the commission of the said felony, come into this Province," and directing also the detention of the said Joseph Fisher to be dealt with according to law. These warrants appear to be founded on two depositions made by the said John Wood on the said 28th May last, before the said Police Magistrate, in one of which the stealing of the Bank bills or notes, to the amount of $638, is mentioned, but without stating the time or place where the felony was committed, and that the said John Wood verily believed the said felony to have been committed by the said Joseph Fisher, and in the subsequent deposition the said John Wood swears, "that the said Joseph Fisher committed the crime and felony charged in the affidavit aforesaid at Middlebury, in the State of Vermont; that the said Joseph Fisher, is not an English subject, but an alien, to wit, a Prussian, as declared by him the said Joseph Fisher, and came in to this Province, from the state of Vermont aforesaid, immediately after the commission of the aforesaid offence." It further appears that the offence so charged against the said Joseph Fisher, is a Felony, and a crime punishable by the laws of the State of Vermont.

On the 30th day of the said

month of May last, a warrant was issued in the name of Our Sovereign Lord the King, tested in the name of, and signed by his Excellency the Earl of Dalhousie, the Governor-in-Chief of the Province, the said warrant, addressed to the Sheriff of the District of Montreal, in which it is stated as follows:

"Whereas, Joseph Fisher, late of the town of Middlebury, in the county of Addison, in the state of Vermont, one of the United States of America, gentleman, is now committed and detained in our Common Jail in our said District of Montreal, under your custody, upon, and by reason of a certain charge on oath of felony, to wit, upon the charge on oath of having on the twenty-third day of April, 1827, at the said town of Middlebury, in the county of Addison, in the state of Vermont, one of the United States of America, feloniously stolen and carried away divers, to wit, 240 bank notes for the payment of divers sums of money, in the whole amounting to $638, of the value of £143 11 sterling money of Great Britain, and then and there being the property of one John Wood. And whereas the said Joseph Fisher, not being one of our subjects, but being an alien, to wit, a Prussian, hath since the commission of the said offence come into this Province from the said United States of America, and the said offence whereof he is charged as aforesaid, having been committed within the jurisdiction, of the said state of Vermont, it is fit and expedient that the said Joseph Fisher be made amenable to the laws of the said state of Vermont for

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