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He begged the men he had brought on board to
remain, they said it was to no purpose, as I would not get the
vessel underway that night, but if they could serve him they would
stay twelve months, and row the vessel, if possible, halfway to
Ireland. They soon after went ashore. For some time Jordan walked
the quarter-deck, apparently much disturbed, during which Kelly
told me if I went on shore with him, he would inform me of
something that might serve me, I promised to go as soon as Jordan
had gone to rest. Not long afterwards, I asked Jordan why he did
not go to bed: he replied, that he would see me in bed first. I
then told him, Kelly and I were going on shore, but that we would
not stay long. He said I might as well take his life as attempt to
go that night; and that he would keep watch to prevent me. I then
went to bed, leaving Jordan on deck. About daylight next morning
he came to my berth, told me to rise, and get the vessel underway,
for there was a fine fair wind. I rose, went on deck, and told him
the wind blew too hard. He then acted like a madman. I went, and
sat down in the cabin, where I had not been long before I heard
some person call out that Kelly had taken the boat away: I ran on
deck, saw Kelly alone in the boat, at about 90 yards distance, and
asked him for a passage on shore: he answered that he could not
stop, but would send the boat for me. He did not take his clothes
with him. I then went below, to gather my things, against the boat
came off for me, but soon after heard some person on deck say, the
cable was cut. I went up, and found it was true; I demanded who had
done it, and was answered Jordan; he was then on deck, as was all
the crew; the jib was hoisted, and the vessel going to sea. Jordan
was standing near the companion door, with an axe in his hand, and
said to him that I saw he had got her underway, he replied that he
had, and that she should go to sea, or blood. I went forward, and
told Pigot to take the axe from Jordan, which he did. I then sat
down to leeward, and soon after saw a vessel at a great distance,
then took the helm, and ordered all sail to be set, when Jordan
told me to steer for Halifax, with the view of deceiving the people
at the Bay of Bulls. I consented to do so, until I was clear of
the head, when I jibbed the boom, but he thought rather too soon,
as we had hardly shot the Bay of Bulls. In about an hour after,
one of the men called out there was a sail ahead, Jordan seemed
much agitated, and enquired to me what I thought she was; I told
him a fishing boat, as she did not appear to have any yard across:
the man said it was a brig or schooner, when Jordan became uneasy
again, and directed me to steer for Halifax, let her be what she
might: I refused to alter the course: when he ordered the man I had
a few minutes before placed at the helm, to steer for Halifax, but
I told the helmsman if he did, I would knock him down with a
handspike. The prisoner asked me a second time what I thought the
vessel was: I answered, he might depend she was a King's schooner;
at which his uneasiness become excessive, and he said: "The Lord
have mercy on me, what will my poor children do?" He afterwards
went down into the cabin, but soon returned, and desired me to say
we were bound to Halifax. I told him it was of no consequence, for
they saw by the course we were steering, we were not bound there;
he, however, again requested me to say so, and I said I would, if
that would satisfy him. The vessel came up, she proved to be His
Majesty's schooner Cuttle, commanded by Lieutenant Bury, who sent
a party on board under the orders of Mr. Simpson, by whom she was
brought to Halifax.
Q. Who were on board the Three Sisters at the time she was taken
possession of by the Cuttle?
A. The prisoners and their four children (three girls and a boy); myself,
John Pigot, Matthew Phelan, William Crew, Nathaniel Ryder, and Davy, an Indian.
Q. Did you hear the prisoner Edward Jordan, make any acknowledgements, or
use any expression, from which you believed he had been guilty of
the murders and piracy, with which he stands charged? If so,
repeat, as nearly as you can recollect, the words he made use of,
and when and where they were spoken.
(An objection to this question was entered by Mr. Robie, upon the
grounds that the Statute of the 11th and 12th of William, having
directed the hearing and determination of cases before the Court to
be according to the Civil Law, the question could not be put to the
witness, as, by the Civil Law, the confession of a person accused
must be made by him in the presence of the Court, and could not be
proved by the testimony of a witness.
The objection was answered by the Solicitor General, who
contended, that the Court was not to be guided by the Civil Law,
unless as respected its forms, and that the question was admissible
by the Common Law of the Land, if not by the Civil Law.
The Court ordered the Registrar to note the objection; and the
question to be put, promising to consider its effect.)
A. It was in the Cuttle, he was in irons; and his berth near
mine. He used to discourse with me concerning the crimes he was
accused of: he said he was not afraid of all the world, if I would
only say we were bound to Halifax, to which, being rather under
apprehension of my own life, as I lay so near him, I consented. He
then told me that if he had shot Stairs while on the hatch, that
all would have been well, but that Kelly prevented him, saying he
would be drowned before he reached the shore. |
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