ST. HELENA 281 



the Wasp, were then called and examined respecting some papers, 

 which the prisoners stated had been destroyed. 



The Queen's Advocate addressed the jury in reply, to the effect 

 that the objection made on the part of the prisoners was either 

 immaterial, or should have been made at an earlier period of the 

 proceedings, and maintained that the statements of the prisoners 

 had not been substantiated by evidence. 



The Chief Justice proceeded to sum up, and told the jury that 

 if they were satisfied the prisoners fired the muskets or were aiding 

 therein, they must not consider whether, had the person fired at 

 died, the offence would have been murder ; and whether or not it 

 would have been murder depended on the question of the resistance 

 which the prisoners made, being lawful or unlawful. His Honour 

 said that the authority which Captain Ussher possessed, to visit and 

 search Brazilian vessels, was a lawful authority ; but it did not 

 follow, if the prisoners on board were Brazilian subjects, that they 

 were bound to submit to be visited and searched. His Honour 

 also said that if the prisoners were guilty of any offence in resisting 

 the visit and search by the boats of the Wasp, this offence, 

 being a felony created by an Act of the British Legislature, it could 

 only apply to British subjects ; and that no person, not under the 

 protection of the British law, was liable to be punished for any infrac- 

 tion of that law committed at a time when not under the protection 

 of it. Therefore if the jury should be satisfied that the offence was 

 committed in a foreign ship by foreigners, they ought to find the 

 verdict of Acquittal. 



The Jury retired for a short time, and on their return into Court, 

 brought in a verdict of " Not Guilty." 



The prisoners from the Gaio, who were tried on Wednesday and 

 found guilty, being brought up for judgment, pleaded that they were 

 Brazilian subjects, and said that Mr. Thompson would speak for them. 



Mr. Thompson on the part of the prisoners, moved for an arrest 

 of judgment on the grounds that only three of them had been 

 identified as being on board the Gaio when the vessel was taken, 

 and that they were all Brazilian subjects; to prove which/ as well as 

 to show that he was not aware of there being some documents in 

 the Registry of the Vice- Admiralty Court to that effect, he put in 

 affidavits. The Chief Justice, in pronouncing judgment, told the 

 prisoners that their objection ought to have been made on the trial ; 

 but as the Court was satisfied that they were really Brazilian sub- 

 jects, a sentence of a nominal punishment only would be passed 

 upon them of twenty-four hours imprisonment. 



Alert, 6, (Com. Bosanquet), Mr. Wasey, of this vessel, appointed 

 Acting-Lieutenant nearly a year since, on the promotion of the late 

 gallant Lieut. Lodwick, arrived at Liverpool last week in a merchant 

 vessel, with some seamen belonging to the Alert, from the south-east 

 coast of America, and immediately reported himself at the Admiralty 

 and related the circumstances under which he presented himself. 

 It appeared that the Alert captured a Brazilian slave- vesseljwithout 

 colours, name unknown, having between seventy and eighty slaves 



