Kingston, Jamaica, August...
U".--- - 71ne rfs .iuanos, zenifo Less/t, anl Eistevsr hlartine-, were placed at the bar. The Clerk of the Crown then read the indictment, charglxg two of them with having, On the 24th day ot Februarv last, assaulted one Henry I,ewis, and discharged a loaded gun, whlich inflictedone mor. tal wornad on his right breast, ofwhicil he died * and the indictment charged the other prisoner witha iding and abetting in said murder. Thc ADVOCA.TF-GEIAlea. opdned n he case on the part of the Crown, and related the leading circumstances ofit, but which ap. pearedri at greater leorgth in the evidenlce, and which is as follows Villagrana. RecollectH a eleucca co,mmanded by Pepe in October lost: the crew consisted of ten, includling the Captain: heard frotn themselves that they hadl taken a British vessel from Cayimanss.and saw thetis wearing clothes made fronm the sails; two of the prisonera were of the crew of the felucca, De los Santos and Cassal, when she took ths British vessel; Captain Pepe, of the felucca, said at wit. ness's house, that he had taken a Britisir schiooner rrom Caymanas, that the crew of the Rnglish schoonier made their escape in lier boats; did not hear of any engagemen t between them ; it wyas in the mc-ntlt at' Januarv that Pepe wats at his house; reeollects one Sebastian coming tohis house along wvth Pepe; ne,with the others, said thiata boat's crew of British sailors were Approaching the felucca, that they'fired at them and killed four saarnen,and took two prisoners wlronia they afteswardskilled. Two escaped wounded. Los Sanstos and (3as a1 forned part of the crew of felucca at the tine these acts were committed. Witness-mayg that he nsct Alartinez going fronn Pepe to the captain of another vessel, giving him notice by letter that the British orcce was approaching, and that they must not give them any assistance, but to resist them. On this they hid the,nselves. This witness heard from Martinez ; recollects a person ot the name of Caspos, and that he came to his hotise; his secondi visit was when hoe war making his escape ftom the British force; doe" not know what Iris first visit was for; recollects the two prisoners already nanied making confession,s to him; B. Cassal said that he had con. 1essed in the presence of Captain Grahamn that lie flredt twice at the boats of the IcervS ; and Los Santes also acknowledged that lie had firetl at them. Witness saw on the landing-place sundry ap?arel of the Cayrnnaas schooner, which had been taken out of her. cam. po5 hall stated that lie had escaped fro-n the British boats, andl stated that he vras afraid to fire at the British. Juhan Catnpos-Witntss" while fishingon the coast was taken by a piraticul crew, cotsiis'ing of iive mnen in a boat. This was before the Chriatunas holydays; he wa, taken on board the telucca, Captain Pepe. UWitness was compelled to work, knows all three witneqses; Los Santos was osi board the piratical vessel; he was a caulker; heard him say he had been engaged in an attack on a vessel. Los Santos was one of tire crew that went in the boats to capture the Caymanas schooner; they plundered lier of tackle, &c. The sails were cut up, and divided among the crew. Witness saw Cassal with trousers on, made from the sails; cannot say as to tire other two; Martinez was not on board, nor does he belong to the felucca. l,on Santor was on board of lier; the crcw of the felmicca consisted of 2or21; men. Is not certain as to the particular time that thie at- tack took place. There was a rumour that a British force was cruising a,gaint them; and nine of them, raore comrageou3 than ithe other7s, went out in au armed boat to meet them * Casnal ani l,os Santos were among the party; Martinez was not an board the felucca. Witness made his escape at the time this party went to mneet the British; witness had proceeded three leagues when le theard fitrngt witness was again taken by the pirates at a village, and thev threatened to murder him if lie did not join them * this was at 7 o'clock the samne eveninp. On the following morning, he Met Cas- sal, e'ho said to him if he lad seen him escaping he would have shot bin); Cassal also said that they had killed four British sailors, made two prisomers, wvhoi. they likewise killed, and two had escaped ; Los Santos did not comne up to the village; the fact of their having killed these persons was the comsnomo ca2nversation of the viliage; does not tnow that sMartinez was intimate with the cre w of the felucca, but Villagrano's vessel, of which he was on board, lay so close together that they could speak to one another. Afr. Thomas Mlitchell master's mate of the larzns, recollects cruising on the coast O? Cuba in January last. The reason for taking Martinez was, that he waS repairing his vessel with the plauiis taken from the Caymnanas vessel. He proceeded up the river Santa F6 the 24th of February last; in returning with a prize, Lieutenant Layton saw a smaller creek, and said lie would examine it in the gig. Witness had Mlartinez in a boat with h;m. l ieute- nant Lavion was to retuon in half an hour, but dirt not do 8o ; upon which witness followed them, and soon came up to the two wounded men, who called to witnems to come to their assistance ; they were Tiernev and Hughes. Next day, found tlsefour bodiesof the killed menl; Lieutenant L,ayton was among themr. Jam es Tierney, seaman of the Icarts. was in the gig with Lieute- nant Layton, in Feebrary last; two ofF.cers and six men were In her. Ile read fronm a written paper, that at three o'clock of tlhe morning of the 24th left the schooner ( Spe drvell), and at five entered the river ^1lalpiza; at eight saw a schooner in the bite with ien ard wo- men on board. After breakfast we went ups the river Santa Fe, and observed a suspicious-looking schooner, whichi people were repairing: we landed, tookr one man (.Martinez) arid the schooner, which we towed down to the basquarlier. Iuieutenant layton, another officer, arid six risen, again proceeded up the above river, when on turning rourndanarrowelbowoftheriver, we sawa felucca with two long guns pointed towards us: a voice was heard to say, "Sir, shall we fire?" and instantly two guns were fired, which killed three men out of eight, and wounded four. Theofiicer.vrss!iot from aiill on the right side of the river. Witnesswas wounded, and lie effected his escape on shore, and foundl one of the men hanging to a mangrove tree on the leftside of the river. When witness was escaping, Lieutenanut Lay- ton asktkd him where lie was going to ? " To save myself, as I am shot through tIe arm." Aftcr a lODg and tedious walk through the bushes, fell in with li r. iMitchell's narty. only tvo of the eight escaped. ir. Layton -was found murdered next day; Hatcswell and Brown killed. Only two of the boat's crew survived. ThreeIwere shot, and three nissing: one was fouud ihanging to a mangrovetree. After Counsel had beenheardlfortlhc(lefence,tlre( Ct mFyJIJsTrCE surisned p, and the Jury brought in a verdict of Guilty against all the prisoners. HINOS',TONA, J45fAI1cd, A'-"UsT g.. MURDER AND iltACY.