The first interpreter was frequently in laughter, during the horrid details of the trial, and was more than once reproved for it by the Court, for his want of feeling.

The particulars of this horrid transaction, as detailed in evidence, were as follow:

Hyena, an inferior overseer of captured Negroes at Charlotte-town, employed to superintend the deceased and his countrymen, because he could speak their language, having missed the deceased (Zongobia) at ration time, reported his absence to his superior, Mr. Ashford, who ordered him to cause search to be made in the bush. Shortly after leaving Mr. Ashford, he saw a man coming out of the bush with a canvass bag, which he attempted to shift away, as if to put it out of sight. He immediately questioned the man, whom he found to be one Quia Pei, of Zongobia's nation, and insisted on seeing the bag and its contents. The man reluctantly opened the bag, which he said contained some meat: on inspection, he discovered several pieces of human flesh. The man was immediately secured, and Mr. Ashford was sent for; Quia Pei died in prison while awaiting his trial.

William Ashford, principal native superintendant at Charlotte-town, stated, that on being informed by the last witness that Zongobia was missed, he had given orders to search for him; shortly after he was informed of the detention of Quia Pei, and came to the place where he saw the bag and its contents; there was part of a hu

man hand, with the thumb, a piece of the shoulder, and lower part of the neck, and some of the intestines. Quai Pei, he understood, avowed the killing of the man Zongobia, and implicated the prisoner Pei as his accomplice in the act. Quai Pei and the prisoner Pei were kept in close custody for the night, while Mr. Kearney, the nearest

magistrate, was sent for.

John Ouseley Kearney, Esq., a Magistrate, was resident at Bathurst-town. In the month of January last, he was sent for by Mr. Ashford, to inquire into the particulars of the horrid transaction now before the Court. The bag, containing the mutilated remains already described, was shown to him. Quai Pei, upon whom it was found, confessed the act, and alleged that the prisoner Pei first suggested it to him, saying, the deceased was fat, and good to eat; both together seized the opportunity of surprising the deceased as he was stooping down in the brook searching for crabs; the prisoner caught the arms of the deceased behind his back, and held him while Quai Pei threw him over; he struggled hard. They were obliged first to cut off his hand, and afterwards they cut off his head: they then proceeded to the horrid process of cooking and eating the flesh, and in this abominable repast it was understood that others also assisted. This statement was given freely and voluntarily by Quai Pei, the man who had since died in prison; the prisoner Pei also confessed, but slowly and reluctantly, and not till the other repeatedly accused

him, and remonstrated with him on the inutility of his denial. Mr. Kearney caused them to conduct him to the place where the dreadful deed was perpetrated, and to show where the further remains where to be found. He saw the place where the fire was made, and the bones that had been left, some of them bearing the marks of such persevering voracity, that a thigh-bone had been broken for the purpose of extracting the marrow the head, with the tongue and upper part of the neck, had been left entire and buried. He caused them to be taken up; the face was recognized as Zongobia's. The reason given for the distinction with respect to the head and its contents was, that eating any part of the head was supposed to cause madness in the country of these cannibals. They were called the Manni, or Maniani, and were notorious for this practice, for which they were despised by all their neighbours. On Mr. Kearney's asking whether there was any quarrel or any enmity towards the deceased, he was told there was not; and upon some expression of surprise that so great an atrocity should be perpetrated without any provocation, a motive, it was thought, sufficient to explain it by the same motives which induced Mr. Kearney to kill a fat sheep. Quai Pei said, the cause of his having been sold as a slave was, that he had killed and eaten so many men as to render him formidable to the king of his country and to the head men, who made a palaver for him, and had him condemned and sold.

Philip Bragger was present at the examination and search. He saw the same facts, and had the same understanding as Mr. Kearney as to the confessions.

The substance of Mr. Kearney's testimony was interpreted to the prisoner, and he was asked whether he wished to put any questions. He did not ask any question, but denied having participated in the murder in any way he had never confessed it he was near the place, with his knife and pot, and was called by the others after the man was killed. In reference to the charge of holding the hands of Zongobia behind his back, he asked, whether a person of his own slight frame was capable of such an exertion. With reference to the charge of having pointed out Zongobia as a fat man and fit to be killed, he denied having given any such suggestion, or having had any part in such conversation or design; he knew, however, that Quia Pei, and the others of his country, had held such talk on board the ship in which they came, (San Juan Nepomuceeno,) and that they had formed a design accordingly, for the opportunity of future execution.

After this special denial of the charge by the prisoner in all its most material parts, it was thought desirable by the Court that the interpreters of the original examination should be called.

One of them, the English interpreter, was, it was found, unfortunately detained by sickness in the country; but the other, the native interpreter, was found to be the same who was now inter

preting for the prisoner: this person was immediately put under examination.

Cockeye was a captured negro, of a nation bordering on the country of the nation to which the prisoner and Quia Pei belonged he resided at Charlotte Town, and generally was employed to look after and interpret for these people: he had interpreted at the examination before Mr. Kearney. Quia Pei, who had been caught with the bag, on being told by the witness to tell all to master, and so to avoid palaver (trouble), did declare all that had been related concerning himself and the prisoner, and had urged the prisoner also to confess; but the prisoner had not confessed any part in the transaction, but always firmly denied having any share in it, or any knowledge of it, until after the murder was perpetrated.

The Chief Justice remarked, "that the Court was placed in a very delicate and difficult situation, having heard, as evidence against the prisoner, a great deal of matter that could not properly be admitted as such, if further confirmation of what was called the prisoner's confession had not been expected. The confession of the deceased, Quia Pei, although caught with such irresistible proofs upon him, did not appear to have been obtained wholly without the inducement of beneficial result to himself from making it: his implication of the prisoner at the bar was not evidence to convict the prisoner, unless assented to by the prisoner, or corroborated by other testimony, or by facts or circumstances. What had been stated