Pirate tales from the lawHarris, Arthur M. (Arthur Merton)
History
Pirate tales from the law
Harris, Arthur M. (Arthur Merton)
Pirates
or less tangible, was all about the _Worcester’s_ men as they loafed
on the water front. In those times, such was the rigor of the criminal
law and the uncertainty of acquittal, innocent men would rush to turn
state’s evidence and take the lesser evil of imprisonment rather than
execution. That this was the condition of things would seem to be shown
by the fact that Doctor May, the _Worcester’s_ surgeon, became state’s
evidence, as did the slave Francesco and another black who had been
shipped at Malabar, and as many others made confessions as could hope
for leniency. This fear, then, working on the steward’s liquor-muddled
brain, together with his desire to ingratiate himself with the Seatons,
brought about the last act of a play opened by John Bowen in the Bay of
Antongil in Madagascar.
With all of Scotland from north to south and east to west crying for
vengeance, very little time was lost in bringing Captain Green and
all the rest of his men, excluding the doctor and the two blacks, and
including George Haines, who somehow missed the privilege of becoming
queen’s evidence, to their trial in the old court in Parliament Square
in Edinburgh.
On March 5, 1705, the men of the _Worcester_, with the sturdy and
indignant Green at their head, were marched between the bare bayonets
of the City Guards from the Tolbooth to the old courthouse in
Parliament Square, there to stand their arraignment and trial. George
Haines’ liquorous eloquence is about to prove the efficient cause of
many and tragic results.
A great crowd clogged the court benches and galleries, so much so that
one could not have swung a thought, much less a cat, about one. The
plain attitude of these blue-bonneted folk was that the accused and the
troubles of Scotland were identical. It is fatal to become a symbol.
Beneath the bench was the lawyers’ table, where now court servants
were putting quills and papers and books. Already the prosecution
is gathering about their end of the table,--a long string of grave
lawyers, under the leadership of Procurator Fiscal, Alexander Higgins.
And who will stand up for the poor sailormen? An astounding array, a
most impressive alignment of legal ability will. Sir David Cunningham
heads the defense, but he will soon drop out and be succeeded by Sir
David Thoirs, with whom will be Sir Walter Pringle, Mr. David Forbes,
Mr. George Alexander, Mr. John Spotswood and Mr. John Elphinstone. Why,
these are names of as much professional weight as are those who will
oppose them on behalf of the Crown.
How inspiring to behold this important company of lawyers quick to the
defense of the forlorn strangers by the power of a pure love of justice
and a jealous wardenship of the bright honor of the Scottish Bar! For
how else could these sailors--worth not a penny between them, and with
their captain but little wealthier--call to their side these advocates
who had won even the dignities of knighthood in the contests of the
forum?
Public-domain text, read in full here on John Shaqi.
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