Pirate tales from the lawHarris, Arthur M. (Arthur Merton)
History
Pirate tales from the law
Harris, Arthur M. (Arthur Merton)
Pirates
In addition to the charge, the indictments set out, through several
pages of close print, the entire evidence which the Crown expected to
prove. A great rigamarole, this, containing a particular recitation
of everything that George Haines had said to the widow Seaton, her
daughter Anne, Will Wood of the artillery, and Jamie Wilkie, with which
we are already acquainted.
Incorporated with all this, was a long-winded yarn by the ship’s
doctor, May, who had been granted the comfort of turning state’s
evidence, and from which it appeared that the doctor himself and some
others (among whom was the second mate, Reynolds, according to the
oral admission of the Fiscal) being ashore and hearing the firing of
guns, came to the water’s edge and saw a captive ship riding at the
stern of the _Worcester_. The cannonading had ceased by that time, so
the surgeon went aboard, where he found the decks of the _Worcester_
littered with goods. He asked the reason of it all of one of the
crew, whereupon John Madder, first mate, overhearing him, turned
angrily to the doctor “in a tarpaulin temper” as the doctor says, and
exclaimed, “D--n you! What have you to do to inquire? Meddle with your
plaister-box!” The surgeon then went down to his “chest” and called for
the wounded to dress them; three of whom, “Antonio Ferdinando, and one
Duncan McKay, now dead, and another” came for treatment. These refused
to tell him how they came by their wounds “whereupon the chirurgeon
refused to dress them if they would not tell him how they got their
wounds, and the said John Madder came to the chirurgeon in a passion,
and asked what his business was to ask so many questions, when he did
see the wounds so plain before him, calling him a blockhead for not
dressing them,” and winding up by ordering the doctor ashore. There
the surgeon met the ship’s interpreter, hired locally for the sojourn,
who told him that some of the crew of the _Worcester_ had brought the
captured ship into the Keilon River and sold it to Cogi Commodo.
Such were the indictments, and they were so drawn because of the
peculiar nature of the jury’s verdict under the Scotch practice, which
did not find the fact of guilt “as charged,” but merely the truth of
each item of the evidence, leaving to the court to pronounce the legal
significance of those findings. It’s a jumbled-up thing and would
take a treatise to explain. Some historians charge that this form of
verdict was the child of political skullduggery and framed first to
catch covenanters and other radicals for whom juries were showing too
much sympathy and were acquitting on the general verdict; the idea
being that a jury would have to find as a fact that Dougal was meeting
in a bog with his confreres, while the judge could remove from the jury
the temptation of turning in “Not guilty” by reserving to himself the
declaration of the legal import of the finding of fact as to Dougal’s
actions.
Public-domain text, read in full here on John Shaqi.
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