278 



ST. HELENA 



The Court of Commissioners for the trial of offences committed 

 on the high seas, adjourned from yesterday, was re-opened this morn- 

 ing at ten o'clock, when the prisoners taken in the Brazilian brig 

 Cal^o were set to the bar and charged with piratically and feloniously 

 shooting on the high seas at one George Horwood, a seaman of H.M.S. 

 Wasp, with intent to kill and murder him. 



The prisoners wore twenty-two in number, and named in the 

 indictment in the following order : — 



Joze Percira Santos, Antonio Joze Peirerira, Francisco Marquis 

 Couto, Joaquin Corcia Soaces, Hanwel, Ferreira, Dion isio Marinho, 

 Francisco Mondcs, Joze Francisco d'Almcida, Celcstieno Emendes, 

 Manvel Joze dos Santos, Joze Baptista Goncalvcs, Joze Francisco, 

 Raphall Sanxcs, Antonio dcs Santos, Joze Roura, Joas de Las Rcis, 

 Antonio Joze da Silva, Hilario Poric Benin Belles, Joas Kosmay, 

 and Antonio dos Santos. 



Mr. Fowler appeared for the prisoners 011 tlicjr being arraigned 

 and prayed the Court to ap{>oint an interpreter, as the prisoners 

 were foreigners. Mr. P. C. Gurnet was accordingly sworn as inter- 

 preter, and directed to explain the proceedings to them. 



Mr. Fowler then objected to the jurisdiction of the Court, on the 

 ground that the prisoners were all foreigners, but on being desired 

 to put his objection in the form of a plea, he withdrew it, and the 

 prisoners severally pleaded " Not guilty." 



A jur>', de meidietate, was next applied for, on the part of the 

 prisoners. The Provost Marshal was desired to return a sufficient 

 number of aliens to be put on the jury, and tlie Court adjourned till 

 two o'clock. 



Upon the re-assembling of the Court, Mr. Fowler stated that a 

 Brazilian vessel of war had just anchored in the roads, and that 

 some Brazilian officers were present who were desirous of being 

 permitted to protest against the authority of the Court to try the 

 prisoners, who were all subjects of the Emperor of Brazil. The 

 Court refused to admit any interference of the proceedings, as the 

 prisoners had already jileaded, and the jury was sworn, with one 

 foreigner, all that the Provost Marshal was enabled to return. The 

 names of the jun>' were : — 



Fernandez Rosse, George Baxter, Robert Ramago, Richard 

 Sparkes, Young, James Scott. Stephen Young, Edward Greenland, 

 Matthew Torbett, John Bargo, William Scale, Charles Hogg, Stephen 

 Stroud. 



Mr. Firman, the Queen's Advocate, stated the case for the pro- 

 secution, and produced Lieut. Da\'id Elliot as a witness, from whose 

 evidence it appeared that at daylight on the morning of the 20th 

 of April, a suspicious looking brig bearing NW. wa.s observed from 

 the deck of H.M.S. Wasp, commanded by Captain S. H. Ussher, who 

 immediately ordered three of his boats, viz. the pinnace, the gig, and 

 the cutter to go in chase, and examine the strange brig. Lieut. 

 Hockin was in the pinnace, Lieut. Elliot in the giji, and Mr. Burnley, 

 midshipman, in the cutter. The English colours were^hoisted in the 

 boats ; the'^officers had on their uniform jackets and caps ; and the 



