Part 7 (1/2)
_Clerk_. Jurors look upon the prisoner; prisoner look upon the jurors.
How say you, Gentlemen, is the prisoner at the bar, Pedro Gilbert, guilty or not guilty?
_Foreman_. GUILTY.
The same verdict was p.r.o.nounced against _De Soto_ (the mate) _Ruiz_, (the carpenter,) _Boyga, Castillo, Garcia_ and _Montenegro_. But _Costa_, (the cabin-boy,) _Ferrer_ (the negro,) _Guzman, Portana_, and _Velasquez_, were declared NOT GUILTY.
After having declared the verdict of the Jury, the Foreman read to the Court the following recommendation to mercy:
”The sympathies of the Jury have been strongly moved in behalf of _Bernardo de Soto_, on account of his generous, n.o.ble and self-sacrificing conduct in saving the lives of more than 70 human beings, const.i.tuting the pa.s.sengers and crew of the s.h.i.+p _Minerva_; and they desire that his case should be presented to the merciful consideration of the Government.”
Judge Story replied that the wish of the jury would certainly be complied with both by the Court and the prosecuting officer.
”The appearance and demeanor of Captain Gilbert are the same as when we first saw him; his eye is undimmed, and decision and command yet sit upon his features. We did not discern the slightest alteration of color or countenance when the verdict of the jury was communicated to him; he merely slightly bowed and resumed his seat. With _De Soto_ the case was different. He is much altered; has become thinner, and his countenance this morning was expressive of the deepest despondency. When informed of the contents of the paper read by the foreman of the jury, he appeared much affected, and while being removed from the Court, covered his face with his handkerchief.”
Immediately after the delivery of the verdict, the acquitted prisoners, on motion of Mr. Hillard, were directed to be discharged, upon which several of the others loudly and angrily expressed their dissatisfaction at the result of the trial. Castillo (_a half-caste_, with an extremely mild and pleasing countenance,) pointed towards heaven, and called upon the Almighty to bear witness that he was innocent; _Ruiz_ uttered some words with great vehemence; and _Garcia_ said ”all were in the same s.h.i.+p; and it was strange that some should be permitted to escape while others were punished.” Most of them on leaving the Court uttered some invective against ”the _picaro_ who had sworn their lives away.”
On _Costa_, the cabin boy, (aged 16) being declared ”Not Guilty” some degree of approbation was manifested by the audience, but instantly checked by the judge, who directed the officers to take into custody, every one expressing either a.s.sent or dissent. We certainly think the sympathy expressed in favor of _Costa_ very ill placed, for although we have not deemed ourselves at liberty to mention the fact earlier, his conduct during the whole trial was characterized by the most reckless effrontery and indecorum. Even when standing up to receive the verdict of the jury, his face bore an impudent smile, and he evinced the most total disregard of the mercy which had been extended towards him.
About this time vague rumors reached Corunna, that a Captain belonging to that place, engaged in the Slave Trade, had turned Pirate, been captured, and sent to America with his crew for punishment. Report at first fixed it upon a noted slave-dealer, named Begaro. But the astounding intelligence soon reached Senora de Soto, that her husband was the person captured for this startling crime. The shock to her feelings was terrible, but her love and fort.i.tude surmounted them all; and she determined to brave the terrors of the ocean, to intercede for her husband if condemned, and at all events behold him once more. A small schooner was freighted by her own and husband's father, and in it she embarked for New-York. After a boisterous pa.s.sage, the vessel reached that port, when she learned her husband had already been tried and condemned to die. The humane people of New-York advised her to hasten on to Was.h.i.+ngton, and plead with the President for a pardon. On arriving at the capital, she solicited an interview with General Jackson, which was readily granted. From the circ.u.mstance of her husband's having saved the lives of seventy Americans, a merciful ear was turned to her solicitations, and a pardon for De Soto was given her, with which she hastened to Boston, and communicated to him the joyful intelligence.
Andrew Jackson, President of the United States of America, to all to whom these presents shall come, _Greeting_: Whereas, at the October Term, 1834, of the Circuit Court of the United States, Bernardo de Soto was convicted of Piracy, and sentenced to be hung on the 11th day of March last from which sentence a respite was granted him for three months, bearing date the third day of March, 1835, also a subsequent one, dated on the fifth day of June, 1835, for sixty days. And whereas the said Bernardo de Soto has been represented as a fit subject for executive clemency--
Now therefore, I, Andrew Jackson, President of the United States of America, in consideration of the premises, divers good and sufficient causes me thereto moving, have pardoned, and hereby do pardon the said Bernardo de Soto, from and after the 11th August next, and direct that he be then discharged from confinement. In testimony whereof I have hereunto subscribed my name, and caused the seal of the United States to be affixed to these presents. Done at the City of Was.h.i.+ngton the sixth day of July, AD. 1835, and of the independence of the United States and sixtieth. Andrew Jackson.
On the fatal morning of June 11th, 1835, Don Pedro, Juan Montenegro, Manuel Castillo, Angel Garcia and Manuel Boyga, were, agreeably to sentence, summoned to prepare for immediate execution. On the night previous, a mutual agreement had been entered into to commit suicide.
Angel Garcia made the first attempt by trying to open the veins of each arm with a piece of gla.s.s; but was prevented. In the morning, however, while preparations were making for the execution, Boyga succeeded in inflicting a deep gash on the left side of his neck, with a piece of tin. The officer's eyes had been withdrawn from him scarcely a minute, before he was discovered lying on his pallet, with a convulsive motion of his knees, from loss of blood. Medical aid was at hand, the gash sewed up, but he did not revive. Two Catholic clergymen attended them on the scaffold, one a Spanish priest. They were executed in the rear of the jail. When the procession arrived at the foot of the ladder leading up to the platform of the gallows the Rev. Mr. Varella looking directly at Capt. Gilbert, said, ”Spaniards, ascend to heaven.” Don Pedro mounted with a quick step, and was followed by his comrades at a more moderate pace, but without the least hesitation. Boyga, unconscious of his situation and destiny, was carried up in a chair, and seated beneath the rope prepared for him. Gilbert, Montenegro, Garcia and Castillo all smiled subduedly as they took their stations on the platform. Soon after Capt. Gilbert ascended the scaffold, he pa.s.sed over to where the apparently lifeless Boyga was seated in the chair, and kissed him.
Addressing his followers, he said, ”Boys, we are going to die; but let us be firm, for we are innocent.” To Mr. Peyton, the interpreter, he said, ”I die innocent, but I'll die like a n.o.ble Spaniard. Good bye, brother.” The Marshal having read the warrant for their execution, and stated that de Soto was respited _sixty_ and Ruiz _thirty_ days, the ropes were adjusted round the necks of the prisoners, and a slight hectic flush spread over the countenance of each; but not an eye quailed, nor a limb trembled, not a muscle quivered. The fatal cord was now cut, and the platform fell, by which the prisoners were launched into eternity. After the execution was over, Ruiz, who was confined in his cell, attracted considerable attention, by his maniac shouts and singing. At one time holding up a piece of blanket, stained with Boyga's blood, he gave utterance to his ravings in a sort of recitative, the burden of which was--”This is the red flag my companions died under!”
After the expiration of Ruiz' second respite, the Marshal got two surgeons of the United States Navy, who understood the Spanish language, to attend him in his cell; they, after a patient examination p.r.o.nounced his madness a counterfeit, and his insanity a hoax. Accordingly, on the morning of Sept. 11th, the Marshal, in company with a Catholic priest and interpreter entered his cell, and made him sensible that longer evasion of the sentence of the law was impossible, and that he must surely die. They informed him that he had but half an hour to live, and retired; when he requested that he might not be disturbed during the brief s.p.a.ce that remained to him, and turning his back to the open entrance to his cell, he unrolled some fragments of printed prayers, and commenced reading them to himself. During this interval he neither spoke, nor heeded those who were watching him; but undoubtedly suffered extreme mental agony. At one minute he would drop his chin on his bosom, and stand motionless; at another would press his brow to the wall of his cell, or wave his body from side to side, as if wrung with unutterable anguish. Suddenly, he would throw himself upon his knees on the mattress, and prostrate himself as if in prayer; then throwing his prayers from him, he would clutch his rug in his fingers, and like a child try to double it up, or pick it to pieces. After s.n.a.t.c.hing up his rug and throwing it away again and again, he would suddenly resume his prayers and erect posture, and stand mute, gazing through the aperture that admitted the light of day for upwards of a minute. This scene of imbecility and indecision, of horrible prostration of mind, ceasing in some degree when the Catholic clergyman re-entered his cell.
At 10 o'clock, the prisoner was removed from the prison, and during his progress to the scaffold, though the hue of death was on his face, and he trembled in every joint with fear, he chaunted with a powerful voice an appropriate service from the Catholic ritual. Several times he turned round to survey the heavens which at that moment were clear and bright above him and when he ascended the scaffold after concluding his prayer, he took one long and steadfast look at the sun, and waited in silence his fate. His powers, mental and physical had been suddenly crushed with the appalling reality that surrounded him; his whole soul was absorbed with one master feeling, the dread of a speedy and violent death. He quailed in the presence of the dreadful paraphernalia of his punishment, as much as if he had been a stranger to deeds of blood, and never dealt death to his fellow man as he ploughed the deep, under the black flag of piracy, with the motto of ”Rob, Kill, and Burn.” After adjusting the rope, a signal was given. The body dropped heavily, and the harsh abrupt shock must have instantly deprived him of sensation, as there was no voluntary action of the hands afterwards. Thus terminated his career of crime in a foreign land without one friend to recognize or cheer him, or a single being to regret his death.
The Spanish Consul having requested that the bodies might not be given to the faculty, they were interred at night under the direction of the Marshal, in the Catholic burial-ground at Charlestown. There being no murder committed with the piracy, the laws of the United States do not authorize the court to order the bodies for dissection.
[Ill.u.s.tration: _Ruiz leaving the Panda._]
THE LIFE OF BENITO DE SOTO THE PIRATE OF THE MORNING STAR.
The following narrative of the career of a desperate pirate who was executed in Gibraltar in the month of January, 1830, is one of two letters from the pen of the author of ”the Military Sketch-Book.” The writer says Benito de Soto ”had been a prisoner in the garrison for nineteen months, during which time the British Government spared neither the pains not expense to establish a full train of evidence against him.
The affair had caused the greatest excitement here, as well as at Cadiz, owing to the development of the atrocities which marked the character of this man, and the diabolical gang of which he was the leader. Nothing else is talked of; and a thousand horrors are added to his guilt, which, although he was guilty enough, he has no right to bear. The following is all the authentic information I could collect concerning him. I have drawn it from his trial, from the confession of his accomplices, from the keeper of his prison, and not a little from his own lips. It will be found more interesting than all the tales and sketches furnished in the 'Annuals,' magazines, and other vehicles of invention, from the simple fact--that it is truth and not fiction.”
Benito de Soto was a native of a small village near Courna; he was bred a mariner, and was in the guiltless exercise of his calling at Buenos Ayres, in the year 1827. A vessel was there being fitted out for a voyage to the coast of Africa, for the smuggling of slaves; and as she required a strong crew, a great number of sailors were engaged, amongst whom was Soto. The Portuguese of South America have yet a privilege of dealing in slaves on a certain part of the African coast, but it was the intention of the captain of this vessel to exceed the limits of his trade, and to run farther down, so as to take his cargo of human beings from a part of the country which was proscribed, in the certainty of being there enabled to purchase slaves at a much lower rate than he could in the regular way; or, perhaps, to take away by force as many as he could stow away into his s.h.i.+p. He therefore required a considerable number of hands for the enterprise; and in such a traffic, it may be easily conceived, that the morals of the crew could not be a subject of much consideration with the employer. French, Spanish, Portuguese, and others, were entered on board, most of them renegadoes, and they set sail on their evil voyage, with every hope of infamous success.
Those who deal in evil carry along with them the springs of their own destruction, upon which they will tread, in spite of every caution, and their imagined security is but the brink of the pit into which they are to fall. It was so with the captain of this slave-s.h.i.+p. He arrived in Africa, took in a considerable number of slaves, and in order to complete his cargo, went on sh.o.r.e, leaving his mate in charge of the vessel. This mate was a bold, wicked, reckless and ungovernable spirit, and perceiving in Benito de Soto a mind congenial with his own, he fixed on him as a fit person to join in a design he had conceived, of running away with the vessel, and becoming a pirate. Accordingly the mate proposed his plan to Soto, who not only agreed to join in it, but declared that he himself had been contemplating a similar enterprise during the voyage. They both were at once of a mind, and they lost no time in maturing their plot.
Their first step was to break the matter to the other members of the crew. In this they proceeded cautiously, and succeeded so far as to gain over twenty-two of the whole, leaving eighteen who remained faithful to their trust. Every means were used to corrupt the well disposed; both persuasion and threats were resorted to, but without effect, and the leader of the conspiracy, the mate, began to despair of obtaining the desired object. Soto, however, was not so easily depressed. He at once decided on seizing the s.h.i.+p upon the strength of his party: and without consulting the mate, he collected all the arms of the vessel, called the conspirators together, put into each of their possession a cutla.s.s and a brace of pistols, and arming himself in like manner, advanced at the head of the gang, drew his sword, and declared the mate to be the commander of the s.h.i.+p, and the men who joined him part owners. Still, those who had rejected the evil offer remained unmoved; on which Soto ordered out the boats, and pointing to the land, cried out, ”There is the African coast; this is our s.h.i.+p--one or the other must be chosen by every man on board within five minutes.”
This declaration, although it had the effect of preventing any resistance that might have been offered by the well disposed, to the taking of the vessel, did not change them from their purpose; they still refused to join in the robbery, and entered one by one into the boat, at the orders of Soto, and with but one pair of oars (all that was allowed to them) put off for the sh.o.r.e, from which they were then ten miles distant. Had the weather continued calm, as it was when the boat left the s.h.i.+p, she would have made the sh.o.r.e by dusk; but unhappily a strong gale of wind set in shortly after her departure, and she was seen by Soto and his gang struggling with the billows and approaching night, at such a distance from the land as she could not possibly accomplish while the gale lasted. All on board the s.h.i.+p agreed in opinion that the boat could not live, as they flew away from her at the rate of ten knots an hour, under close reefed topsails, leaving their unhappy messmates to their inevitable fate. Those of the pirates who were lately executed at Cadiz, declared that every soul in the boat perished.