352 The Story of the New England Whalers 



overboard, and for a time he swam beside the ship, 

 begging to be taken on board. 



Having obtained full possession of the ship, 

 the mutineers headed her for the Malgraves. On 

 the 28th the negro, Humphries, was seen loading a 

 pistol, and when asked why he was doing so, he 

 said he had heard two of the sailors plotting 

 to retake the ship. The two denied the charge, 

 of course, and Comstock ordered that they and 

 the negro be tried by a jury. The negro, when 

 arraigned, answered a few questions in a low and 

 hesitating voice, and then without further pro- 

 ceedings, Comstock, who had presided as judge, 

 said : 



"It appears that William Humphries has been 

 accused of a treacherous and base act, in loading 

 a pistol for the purpose of shooting Mr. Payne 

 and myself. Having been tried, the jury will 

 now give in their verdict, whether guilty or not 

 guilty. If guilty he shall be hanged to a studding- 

 sail boom rigged out eight feet upon the foreyard, 

 but if found not guilty Smith and Kidder shall 

 be hung upon the aforementioned gallows." 



Smith and Kidder were the men Humphries 



