place to land, for there were no English authorities there, that the people were all Spanish, and that they (the crew) could get away. Carlos might have said, "No, we shall not be punished, as we had nothing to do with the murder." Witness could not swear whether or not Carlos used that expression. It was Carlos who told him to call the ship "Louisa." He and witness were then on the quarter-deck, and some of the blacks were near.

James Early, a lad of 17, said,—I shipped on board the "Flowery Land" as ship's boy. On the morning of the 10th of September I was on the look out on the forecastle, and heard the chief mate, who was on deck, singing out "Murder!" Duranno was striking him with a handspike. I went and spoke to the mate, who told me to call the captain. I was going to do that when Duranno ordered me into the deck-house. I went into the deck-house and called the carpenter. He went out and returned in about five minutes. He and I remained there until about half-past five in the morning. Watto came and called Candereau, who was in bed. Watto, who had a capstan bar in his hand, told the Frenchman to go and take the wheel. Candereau said that it was not four o'clock-the time of his watch-and at first he refused to go, but he afterwards went. I do not know why the Frenchman went, unless he was afraid of Watto, who stood with the capstan bar in his hand. About six I and the carpenter went on deck. I then observed blood on the maindeck, and also on the companion door. I went into the cabin, and saw the captain's body wrapped up in canvas. Taffir, the second mate, was sitting there crying. Lyons, Lopez, and Watto were also there. Lyons was directing Taffir to navigate the ship to a place they wished to go to. Taffir said he would if he could. They said they wanted to go to the River Plate. He replied he would go there if they would save his life. I saw Lopez put a rope round the captain's body, under the arms, and heard him call to the men on deck to pull him up. They did so, and he threw the body overboard. I was then standing at the wheel. Blanco afterwards called me into the cabin, and said they were going to share the money. All on board were there, except the man at the wheel. Money was lying on the table, and I heard Lyons tell Taffir to divide it into seventeen shares. Taffir said he did not want any of it. Lyons said the crew wanted him to divide it. Watto wished to have the money shared among eight, but Lyons said they should all have a share. I got about 47., of which 17. 10s. was in English money, the rest being moidores. I never saw the body of the captain's brother. Blanco said the first mate was singing out for the second mate when he (Blanco) threw him overboard. About three weeks after that we made the land. I remember the boats being got ready to go away. I assisted. The second mate, the cook, the steward, Frank Powell, and Watto got into the first boat and rowed off. I had an oar. The party in the other boat, which was fastened to the stern of the ship, called us to come back. We went back, and the second mate, Watto, and I went on board at the bidding of Myers. Some men had got into the hold-the carpenter, and Lyons, and Carlos-before we had left in the boat. When we returned they were on the deck. The steward refused to leave the boat, upon which Lyons and Duranno began to throw bottles of wine at him, some of which struck him. I afterwards saw him in the water, crying out to Lyons for help. Lyons said he would not help him, for he had deceived him before, and that that was a too easy death for him. He was drowned. I again went into the boat, and was afterwards landed.

Cross-examined.-Witness did not see the steward drowned. Lyons had two cuts across the face, and was bleeding slightly. When he saw Lopez in the cabin, it was about 6 o'clock, and quite light. He was quite sure it was Lopez who put

the rope round the captain's body. Lyons was there at the time, as was also the second mate, who could hear all that passed. Lyons assisted the second mate in navigating the ship. He appeared to have the management of the vessel, being the only man among the prisoners who could speak English.

Frank Candereau, who gave his evidence in French, was examined by the Solicitor-General. He said,—I was a seaman on board the "Flowery Land," and slept in a house on the deck with Anderson and Early. Some days before the captain was killed, I received a communication from Frank Powell which I repeated to the captain. I recollect the morning when the captain was killed, but I do not know the date. I was awakened about half-past 3 by the carpenter and little Jemmy (Early). They were trembling, and the carpenter was weeping. They had told me to go to the wheel. I did so, asking if it was 4 o'clock. They said it was not, but that I must go to the wheel. As I went I saw the prisoners all together in a lot, but as it was dark I could not distinguish them. Seven or eight of them had handspikes in their hands. I spoke to Frank Powell, who told me that the captain's brother and the first mate were in the water. I asked after the captain, and he said, "Look there; he is dead in the cabin," pointing there. I looked through the skylight, and saw the captain lying there dead. I went into the cabin when it became daylight, and saw the body of the captain, which was wrapped in canvas. A rope was thrown over the mizenmast, and the body was hauled up with it by Watto, and another of the prisoners and myself. Watto told me if I did not lend a hand I must take care of myself. A number of people were then in the cabin at the time, but I could not say who they were. The room was "full" of blood. After the captain's body had been thrown into the sea, the cabin was washed a little, and the boxes were opened by Watto, Lopez, and Duranno. I saw some money taken out and laid on a table. Lopez said the second mate was to share the money among all the people on board. I did not hear any one else say any thing else about the division. The second mate was told to divide it into seventeen parts, which he did, and eating and drinking went on afterwards all the day long. The second mate navigated the ship. Some days afterwards Santos was in the cabin sharpening a knife, and he said, “In two or three days I shall kill you." I said, "Well, kill me." He also said, speaking in Spanish, "This knife will serve you as it has served the captain." I remember when land was seen. It was not then daylight, and we put about the ship. She was afterwards brought round again, and about midnight I, Santos, and Carlos got into a boat at first; Cassap, the lamp-lighter, afterwards entered it. Lyons, Lopez, Duranno, and Blanco called him on board the ship again, and he went. I remained in the boat. I heard Cassap cry out, "Finish me quickly!" He was then in the cabin. Lyons, Lopez, Duranno,and Blanco were then on board the ship. I saw the steward in the water.

Michael Anderson, a Norwegian, was next called. He said, speaking through an interpreter, he was carpenter on board the " Flowery Land." After the voyage began he heard the captain say he did not like the crew, because they would not do their work. He had seen the captain strike the cook, steward, and Watto. He once saw him strike Watto on the head with his flat hand, tellling him he had shipped as an able seaman, but could not do his work. He had also seen the captain strike Santos, but without hurting him. About 2 in the morning on the 10th of September, the boy Early called him up, and on going on deck witness saw the chief mate lying near the steps leading to the poop. The Imate asked who he was. Witness replied, "The carpenter." He asked witness to help him into the cabin. His arm was broken, and his face was smashed to

pieces. As witness was assisting him he was struck on the back of the neck, he could not say by whom, with a capstan bar. He afterwards heard Marsolino say it was he who struck him. Witness fell from the blow and had a stiff neck for three or four days. He went into his berth, and was called again about 6 o'clock. He then saw the captain's clothes parted in the cabin. All the crew were present, except the man at the wheel. Blanco, Watto, and he believed the Frenchman, threw the captain overboard. As the body was thrown overboard, one of them, either Blanco or Watto, said, "There goes the captain; he'll never call us sons of any more." After the English vessel had been spoken he saw Lyons, Watto, Blanco, and some other of the prisoners sitting on the forehatch, quarrelling. He could understand they were talking about the carpenter and the second mate. He heard Lyons say, "If you like to kill the carpenter and second mate you can; I shall not do it." Lyons was then speaking to the lot of them. Lyons told witness he must look sharp and do whatever the crew told him if he wanted to save his life. After that Santos and Watto sharpened their knives on his whetstone, telling him as they did so that in a very short time they would kill him. They said they were going to kill the steward and the Frenchman. Watto told him he had killed sixteen men before with that knife. When they first made the land witness received orders from Lyons and "the lot of them" to have his tools ready, besides candles and matches to make a hole in the ship. About a week before that, they told him they were going to scuttle the ship. In consequence of that he had got a lot of oakum and plugs ready to stop the hole he might have to make, believing then that they were going to leave him in the ship. Carlos gave him the order first in the evening between 6 and 7; but the other men said it was too soon. About 10 o'clock he received orders from Lyons to go down the hold. Carlos, Lyons, Blanco, Duranno, and Frank Powell went down with him. Each of them had a couple of knives and some slung shot, and he knew the men were in possession of the captain's revolver. He bored four holes forward and four aft. They all then went on deck, and Lyons told him (witness) to get into the boat as quickly as possible. Lyons on a previous occasion had told him to fasten down the hatchways, except the fore hatch, and every thing loose on deck, and to use long nails in doing so. Instead of that witness cut all the lashings, in order that the things on deck might float, and he used small nails, so that if any of the crew should be left below they might force their

way up.

By Mr. Baron Bramwell.-Of those who came to his cabin door he remembered Watto, Blanco, and Carlos; but he could not say which of them spoke. This was after the first mate was killed, and he believed before the captain was killed. The reason why he did not tell the captain was that they struck him down as he went to do so.

Joseph Williams, a young man of colour, of about 17, and an ordinary seaman, said he was in the second mate's watch the night the captain was killed, from 8 to 12, and went to bed as soon as his watch was over. He saw Powell in bed when he turned in. He remembered Duranno coming into the deck-house and saying he had killed the mate. That was about 5 o'clock in the morning. He went out of the deck-house and saw Blanco and the rest, who were saying they were going aft to kill the captain. They went aft. The same day he heard Blanco say to the rest, "I stabbed the captain three times." Blanco also said, "I stabbed the captain's brother three times." Watto said the same, and Lopez said he helped them. Lyons was not then present. Witness remembered Lopez telling him he struck a light to see where the captain was. He heard Watto say

the body of the captain's brother was very light, for he threw it overboard himself.

Frank Powell, otherwise Paul, said to be a Sclavonian, deposed that he was a seaman on board the ship. On the night of the 10th of September he was on the first watch, and turned in at 12 o'clock. The first mate succeeded him. Witness got up at about half-past 3, hearing a screeching noise on deck, and saw the chief mate lying on the deck, groaning. The carpenter came and spoke to him. He asked the carpenter to help him, and he did. One of the crew-he could not say which, as it was dark- -ran after the carpenter with a handspike, and struck him on the back of the neck. He afterwards heard Lyons tell Taffir to take the vessel to some port where they could get clear. He also heard Duranno say, “I had a 'heaver' (a piece of wood used for splicing ropes) and the first time I struck the chief mate I felled him;" and then Blanco said, "After I saw you strike him I took the handspike, and struck him on the head." Watto said after they called the mate he was in the cabin with Lyons, Blanco, and Lopez; they struck a light to see where the captain was sleeping. They found the place. Lyons was holding the candle. Watto, Lopez, and Blanco stabbed the captain, the whole three of them. When that was said the whole gang were in the forecastle, and they could hear it. Lyons, Blanco, Duranno, Santos, Watto, Lopez, and Marsolino were present and laughing when Watto made that statement.

Cross-examined.-Witness was taken into custody with the rest of the prisoners. He had a share of the money and helped to drink the champagne. It was on the deck, and he and the rest had whatever they liked to take, the carpenter and Williams being among the number. The conversation about killing the mate was in Spanish, which witness understands.

This being the case for the prosecution, the counsel for the several prisoners in turn addressed the jury, and the Solicitor-General replied.

Mr. Baron Bramwell, in summing up the case, impressed upon the jury that the prisoners were then being tried for the murder of the captain alone. There could be no doubt, he said, that the unhappy man was murdered, and that his body was thrown into the sea. The question was, were the prisoners, all of them, and, if not all, any, and which of them, guilty of murdering him? It was almost a certainty that some of the eight prisoners were guilty; but, though the jury should think that seven of them were guilty, and that one was not, but which one they could not tell, then they must acquit them all. Any one who struck a blow conducing to the death would be guilty, as would also any one who assisted; so if one of the prisoners held the captain while the others stabbed him, or if he held a light, or stood in the doorway to prevent any one coming to his assistance, he would be equally guilty with the person by whose hand the captain died. Again, if several persons had a common design, which they agreed should be carried into execution by murder, then they were all guilty of murder, if murder was committed by any one of them. It was imputed to the prisoners that they had a common design which they intended to carry into effect by acts of violence, and by murder if necessary. The suggestion on the part of the Crown was, that they intended to get possession first of the ship, and then of the captain's property and of the cargo, and then to scuttle the vessel, and land themselves on some place where they would be safe from pursuit. The jury would have to consider whether there was such a common design, and whether it was intended to be carried into execution by violence. The learned Judge then reviewed the evidence, and pointed out in detail how it appeared to affect, and in what degree, each of the prisoners. He very much feared that it would be even now

exceedingly difficult for them to carry in their minds the cases of the eight different prisoners. If they had any difficulty in that respect after they retired, -for he presumed they would retire,—and would return and state it to him, he should be happy to read any portion of the evidence to them. He purposely declined, he said, to use any exhortations to them to do their duty in a matter so momentous. He would only urge them to endeavour to find a just and true verdict, without fear of the result either one way or the other.

The jury left the Court, and returned after a considerable interval with a verdict of Guilty against seven of the prisoners, namely, Lyons, Blanco, Duranno, Santos, Watto, Marsolino, and Lopez; Acquitting the prisoner Carlos.

On being asked, through interpreters, what they had to say why sentence of death should not be pronounced upon them, some of the prisoners, especially Blanco, Duranno, Santos, and Lopez, made statements incriminating each other, the witnesses Powell and Williams, and to some extent the second mate, but most of them agreed in absolving the carpenter Anderson and the boy Early. According to Santos, Duranno and Lyons killed the mate. Lopez declared that some of the prisoners were innocent; that there were four who committed the three murders; and that the two men who had been discharged were the most guilty of all. Lyons made no statement, nor did Marsolino. Blanco particularly complained of ill-treatment and of the way in which the ship was victualled, leaving it to be inferred that those were the exciting causes of the mutiny. He also stated that Carlos, with others, was concerned in killing the captain's brother.

Mr. Baron Bramwell, having assumed the black cap, said, addressing the convicts,-You have been found guilty of the crime of wilful murder, and it is now my duty to pass upon you the sentence of the law. After some experience and very much reflection, I have come to the conclusion that I shall best discharge that duty by adding to the form of words prescribed by law no observation of mine of any sort or kind. The learned Judge then pronounced the sentence of death in the usual form, and it was afterwards interpreted to them in their own languages.

The prisoner Carlos, though acquitted on the capital charge, was afterwards indicted and convicted of the offence of scuttling the vessel, and was sentenced to ten years of penal servitude.

An account of the execution of some of these unfortunate men and of the mercy extended to the others, will he found in the Chronicle (ante).

III.

GEDNEY v. SMITH.

The features of this very singular case more resemble those which form the basis of a modern sensational novel than the actual occurrences of real life. It arose upon a Bill filed by Miss Harriet Frances Holgate Gedney, a minor, to obtain a declaration that she was the issue of Mr. Patteson Arthur Holgate Gedney by his late wife Harriet Gedney, and the execution of two settlements securing certain property under the marriage settlement of that lady and gentle