Part 10

To the strictest discipline De Soto united the practical knowledge of a thorough seaman. But "the master spirit of the whole," was Francisco Ruiz, the carpenter of the Panda. This individual was of the middle size, but muscular, with a short neck. His hair was black and abundant, and projected from his forehead, so that he appeared to look out from under it, like a bonnet. His eyes were dark chestnut, but always restless; his features were well defined; his eye-lashes, jet black. He was familiar with all the out-of-the-way places of the Havana, and entered into any of the dark abodes without ceremony. From report his had been a wild and lawless career. The crew were chiefly Spaniards, with a few Portuguese, South Americans, and half castes. The cook was a young Guinea negro, with a pleasant countenance, and good humored, with a sleek glossy skin, and tatooed on the face; and although entered in the schooner's books as free, yet was a slave. In all there were about forty men. Her cargo was an assorted one, consisting in part of barrels of rum, and gunpowder, muskets, cloth, and numerous articles, with which to purchase slaves.

The Panda sailed from the Havana on the night of the 20th of August; and upon passing the Moro Castle, she was hailed, and asked, "where bound?" She replied, St. Thomas. The schooner now steered through the Bahama channel, on the usual route towards the coast of Guinea; a man was constantly kept at the mast head, on the lookout; they spoke a corvette, and on the morning of the 20th Sept., before light, and during the second mate's watch, a brig was discovered heading to the southward. Capt. Gilbert was asleep at the time, but got up shortly after she was seen, and ordered the Panda to go about and stand for the brig. A consultation was held between the captain, mate and carpenter, when the latter proposed to board her, and if she had any specie to rob her, confine the men below, and burn her. This proposition was instantly acceded to, and a musket was fired to make her heave to.

This vessel was the American brig Mexican, Capt. Butman. She had left the pleasant harbor of Salem, Mass., on the last Wednesday of August, and was quietly pursuing her voyage towards Rio Janeiro. Nothing remarkable had happened on board, says Captain B., until half past two o'clock, in the morning of September 20th, in lat. 38, 0, N., lon. 24, 30, W. The attention of the watch on deck was forcibly arrested by the appearance of a vessel which passed across our stern about half a mile from us. At 4 A.M. saw her again passing across our bow, so near that we could perceive that it was a schooner with a fore top sail and top gallant sail. As it was somewhat dark she was soon out of sight. At daylight saw her about five miles off the weather quarter standing on the wind on the same tack we were on, the wind was light at SSW and we were standing about S.E. At 8 A.M. she was about two miles right to windward of us; could perceive a large number of men upon her deck, and one man on the fore top gallant yard looking out; was very suspicious of her, but knew not how to avoid her. Soon after saw a brig on our weather bow steering to the N.E. By this time the schooner was about three miles from us and four points forward of the beam. Expecting that she would keep on for the brig ahead of us, we tacked to the westward, keeping a little off from the wind to make good way through the water, to get clear of her if possible. She kept on to the eastward about ten or fifteen minutes after we had tacked, then wore round, set square sail, steering directly for us, came down upon us very fast, and was soon within gun shot of us, fired a gun and hoisted patriot colors and backed main topsail. She ran along to windward of us, hailed us to know where we were from, where bound, &c. then ordered me to come on board in my boat. Seeing that she was too powerful for us to resist, I accordingly went, and soon as I got along-side of the schooner, five ruffians instantly jumped into my boat, each of them being armed with a large knife, and told me to go on board the brig again; when they got on board they insisted that we had got money, and drew their knives, threatening us with instant death and demanding to know where it was. As soon as they found out where it was they obliged my crew to get it up out of the run upon deck, beating and threatening them at the same time because they did not do it quicker. When they had got it all upon deck, and hailed the schooner, they got out their launch and came and took it on board the schooner, viz: ten boxes containing twenty thousand dollars; then returned to the brig again, drove all the crew into the forecastle, ransacked the cabin, overhauling all the chests, trunks, &c. and rifled my pockets, taking my watch, and three doubloons which I had previously put there for safety; robbed the mate of his watch and two hundred dollars in specie, still insisting that there was more money in the hold. Being answered in the negative, they beat me severely over the back, said they knew that there was more, that they should search for it, and if they found any they would cut all our throats. They continued searching about in every part of the vessel for some time longer, but not finding any more specie, they took two coils of rigging, a side of leather, and some other articles, and went on board the schooner, probably to consult what to do with us; for, in eight or ten minutes they came back, apparently in great haste, shut us all below, fastened up the companion way, fore-scuttle and after hatchway, stove our compasses to pieces in the binnacles, cut away tiller-ropes, halliards, braces, and most of our running rigging, cut our sails to pieces badly; took a tub of tarred rope-yarn and what combustibles they could find about deck, put them in the caboose house and set them on fire; then left us, taking with them our boat and colors. When they got alongside of the schooner they scuttled our boat, took in their own, and made sail, steering to the eastward.

As soon as they left us, we got up out of the cabin scuttle, which they had neglected to secure, and extinguished the fire, which if it had been left a few minutes, would have caught the mainsail and set our masts on fire. Soon after we saw a ship to leeward of us steering to the S.E. the schooner being in pursuit of her did not overtake her whilst she was in sight of us.

It was doubtless their intention to burn us up altogether, but seeing the ship, and being eager for more plunder they did not stop fully to accomplish their design. She was a low strait schooner of about one hundred and fifty tons, painted black with a narrow white streak, a large head with the horn of plenty painted white, large maintopmast but no yards or sail on it. Mast raked very much, mainsail very square at the head, sails made with split cloth and all new; had two long brass twelve pounders and a large gun on a pivot amidships, and about seventy men, who appeared to be chiefly Spaniards and mulattoes.

The object of the voyage being frustrated by the loss of the specie, nothing now remained but for the Mexican to make the best of her way back to Salem, which she reached in safety. The government of the United States struck with the audacity of this piracy, despatched a cruiser in pursuit of them. After a fruitless voyage in which every exertion was made, and many places visited on the coast of Africa, where it was supposed the rascals might be lurking, the chase was abandoned as hopeless, no clue being found to their "whereabouts."

The Panda after robbing the Mexican, pursued her course across the Atlantic, and made Cape Monte; from this she coasted south, and after passing Cape Palmas entered the Gulf of Guinea, and steered for Cape Lopez which she reached in the first part of November. Cape Lopez de Gonzalves, in lat. 0° 36' 2" south, long. 80° 40' 4" east, is so called from its first discoverer. It is covered with wood but low and swampy, as is also the neighboring country. The extensive bay formed by this cape is fourteen miles in depth, and has several small creeks and rivers running into it. The largest is the river Nazareth on the left point of which is situated King Gula's town the only assemblage of huts in the bay. Here the cargo of the Panda was unloaded, the greater part was entrusted to the king, and with the rest Capt. Gilbert opened a factory and commenced buying various articles of commerce, as tortoise shell, gum, ivory, palm oil, fine straw carpeting, and slaves. After remaining here a short time the crew became sickly and Capt. Gilbert sailed for Prince's Island to recover the health of his crew. Whilst at Prince's Island news arrived of the robbery of the Mexican. And the pirate left with the utmost precipitation for Cape Lopez, and the better to evade pursuit, a pilot was procured; and the vessel carried several miles up the river Nazareth. Soon after the Panda left Prince's Island, the British brig of war, Curlew, Capt. Trotter arrived, and from the description given of the vessel then said to be lying in the Nazareth, Capt. Trotter knew she must be the one, that robbed the Mexican; and he instantly sailed in pursuit. On nearing the coast, she was discovered lying up the river; three boats containing forty men and commanded by Capt. Trotter, started up the river with the sea breeze and flood tide, and colors flying to take the desperadoes; the boats kept in near the shore until rounding a point they were seen from the Panda. The pirates immediately took to their boats, except Francisco Ruiz who seizing a fire brand from the camboose went into the magazine and set some combustibles on fire with the laudable purpose of blowing up the assailants, and then paddled ashore in a canoe. Capt. Trotter chased them with his boats, but could not come up with them, and then boarded the schooner which he found on fire. The first thing he did was to put out the fire which was in the magazine, below the cabin floor; here was found a quantity of cotton and brimstone burning and a slow match ignited and communicating with the magazine, which contained sixteen casks of powder.

The Panda was now warped out of the river and anchored off the negro town of Cape Lopez. Negociations were now entered into for the surrender of the pirates. An officer was accordingly sent on shore to have an interview with the king. He was met on the beach by an ebony chief calling himself duke. "We followed the duke through the extensive and straggling place, frequently buried up to the ankles in sand, from which the vegetation was worn by the constant passing and repassing of the inhabitants. We arrived at a large folding door placed in a high bamboo and palm tree fence, which inclosed the king's establishment, ornamented on our right by two old honeycombed guns, which, although dismounted, were probably, according to the practice of the coast, occasionally fired to attract the attention of passing vessels, and to imply that slaves were to be procured. On the left of the enclosure was a shed, with a large ship's bell suspended beneath, serving as an alarum bell in case of danger, while the remainder was occupied with neatly built huts, inhabited by the numerous wives of the king.

"We sent in to notify him of our arrival; he sent word out that we might remain outside until it suited his convenience. But as such an arrangement did not suit ours, we immediately entered, and found sitting at a table the king. He was a tall, muscular, ugly looking negro, about fifty years of age. We explained the object of our visit, which was to demand the surrender of the white men, who were now concealed in the town, and for permission to pass up the river in pursuit of those who had gone up that way. He now expressed the most violent indignation at our presumption in demanding the pirates, and the interview was broken off by his refusing to deliver up a single man."

We will now return to the pirates. While at Prince's Island, Capt. Gilbert bought a magnificent dressing case worth nearly a thousand dollars and a patent lever watch, and a quantity of tobacco, and provisions, and two valuable cloth coats, some Guinea cloth and black and green paint. The paint, cloth and coats were intended as presents for the African king at Cape Lopez. These articles were all bought with the money taken from the Mexican. After arriving at the Nazareth, $4000 were taken from the trunk, and buried in the yard of a negro prince. Four of the pirates then went to Cape Lopez for $11,000, which had been buried there. Boyga, Castillo, Guzman, and the "State's Evidence," Ferez, were the ones who went. Ferez took the bags out, and the others counted the money; great haste was made as the musquitoes were biting intolerably. $5000 were buried for the captain in canvas bags about two feet deep, part of the money was carried to Nazareth, and from there carried into the mountains and there buried. A consultation was held by Capt. Gilbert, De Soto, and Ruiz, and the latter said, if the money was not divided, "there would be the devil to pay." The money was now divided in a dark room and a lantern used; Capt. Gilbert sat on the floor with the money at his side. He gave the mate about $3000, and the other officers $1000, each; and the crew from $300 to $500, each. The third mate having fled, the captain sent him $1000, and Ruiz carried it to him. When the money was first taken from the Mexican, it was spread out on the companion way and examined to see if there was any gold amongst it; and then put into bags made of dark coarse linen; the boxes were then thrown overboard. After the division of the money the pirates secreted themselves in the woods behind Cape Lopez. Perez and four others procured a boat, and started for Fernando Po; they put their money in the bottom of the boat for ballast, but was thrown overboard, near a rock and afterwards recovered by divers; this was done to prevent detection. The captain, mate, and carpenter had a conversation respecting the attempt of the latter, to blow her up, who could not account for the circumstance, that an explosion had not taken place; they told him he ought to have burst a barrel of powder over the deck and down the stairs to the magazine, loaded a gun, tied a fish line to the lock and pulled it when he came off in the canoe.

The Panda being manned by Capt. Trotter and an English crew, commenced firing on the town of Cape Lopez, but after firing several shots, a spark communicated with the magazine and she blew up. Several men were killed, and Captain Trotter and the others thrown into the water, when he was made prisoner with several of his crew, by the King, and it required considerable negociations to get them free.

The pirates having gone up the river, an expedition was now equipped to take them if possible. The long-boat and pinnace were instantly armed, and victualled for several weeks, a brass gun was mounted on the bows of each, and awnings fixed up to protect the crew from the extreme heat of the sun by day, and the heavy dews at nightfall. As the sea-breeze and the flood-tide set in, the boats again started and proceeded up the river. It was ascertained the war-canoes were beyond where the Panda was first taken; for fear of an ambuscade great caution was observed in proceeding. "As we approached a point, a single native was observed standing near a hut erected near the river, who, as we approached, beckoned, and called for us to land. We endeavored to do so, but fortunately the water was too shallow to approach near enough.

"We had hardly steered about for the channel, when the man suddenly rushed into the bushes and disappeared. We got into the channel, and continued some time in deep water, but this suddenly shoaled, and the boats grounded near a mangrove, just as we came in sight of a village. Our crew jumped out, and commenced tracking the boat over the sand, and while thus employed, I observed by means of my glass, a crowd of natives, and some of the pirates running down the other side of a low point, apparently with the intention of giving us battle, as they were all armed with spears and muskets."

The men had just succeeded in drawing the boats into deep water, when a great number of canoes were observed coming round the point, and at the same instant another large party running down to launch; some more on the beach, when they joined those already afloat, in all made above twenty-eight canoes, and about one hundred and fifty men. Having collected all their forces, with loud whooping and encouraging shouts to one another, they led towards us with great celerity.

We prepared instantly for battle; the awnings were got down to allow room to use the cutlasses and to load the muskets. The brass guns were loaded with grape shot. They now approached uttering terrific yells, and paddling with all speed. On board the canoes the pirates were loading the guns and encouraging the natives. Bernardo de Soto and Francisco Ruiz were conspicuous, in manoeuvring the negro boats for battle, and commenced a straggling fire upon the English boats. In them all was still, each man had a cutlass by his side, and a loaded musket in his hand. On arriving within pistol-shot a well directed fire was poured into them, seconded by a discharge of the three pounders; many of the balls took effect, and two of the canoes were sunk. A brisk fire was kept up on both sides; a great number of the negroes were killed, and a few of the pirates; the English loss was small. The negroes now became panic-struck, and some paddled towards the shore, others jumped overboard and swam; the sharks caught several. Captain Gilbert and De Soto were now caught, together with five of the crew; Ruiz and the rest escaped to a village, some ways inland, and with the aid of a telescope it was perceived the negroes were rapidly gathering to renew the combat, urged on by Ruiz and the other pirates; after dislodging them from this village, negociations were entered into by the king of Cape Lopez, who surrendered Ruiz and several men to Captain Trotter. They were carried in the brig Curlew to Fernando Po, and after an examination, were put in irons and conveyed to England, and there put on board the British gun-brig Savage, and arrived in the harbor of Salem on the 26th August, 1834. Her commander, Lieut. Loney, waited upon the authorities of Salem, and after the usual formalities, surrendered the prisoners into their hands--stating that the British Government waived their right to try and punish the prisoners, in favor of the United States, against whom the principal offence had been committed. The pirates were landed at Crowningshield wharf, and taken from thence in carriages to the Town hall; twelve of them, handcuffed in pairs, took their places at the bar. They were all young and middle-aged, the oldest was not over forty. Physiognomically, they were not uncommonly ill looking, in general, although there were exceptions, and they were all clean and wholesome in their appearance. They were now removed to Boston and confined in prison, where one of them, named Manuel Delgarno cut his throat with a piece of glass, thus verifying the old proverb, _that those born to be hung, will never be drown'd!_

On the 11th of November, Don Pedro Gilbert, _Captain_, Don Bernardo de Soto, _Mate_, Francisco Ruiz, _Carpenter_, Nicola Costa, _Cabin-boy,_ aged 15, Antonio Ferrer, _Cook_, and Manuel Boyga, Domingo de Guzman, _an Indian_, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velasquez, and Juan Montenegro, _alias_ Jose Basilio de Castro, were arraigned before the Circuit Court of the United States, charged with the crime of Piracy. Joseph Perez appeared as _State's evidence_, and two Portuguese sailors who were shipped on board the Panda at Prince's Island, as witnesses. After a jury was empannelled, Mr. Dunlap, the District Attorney, rose and said--"This is a solemn, and also an unusual scene. Here are twelve men, strangers to our country and to our language, indicted for a heinous offence, and now before you for life or death. They are indicted for a daring crime, and a flagrant violation of the laws, not only of this, but of every other civilized people." He then gave an outline of the commission of the robbery of the Mexican. Numerous witnesses were examined, amongst whom were the captain, mate, and several seamen of the Mexican, who recognized several of the pirates as being the individuals who maltreated them, and took the specie. When Thomas Fuller, one of the crew of the Mexican was called upon to identify Ruiz, he went up to him and struck him a violent blow on the shoulder. Ruiz immediately started up, and with violent gesticulations protested against such conduct, and was joined by his companions. The Court reprimanded the witness severely. The trial occupied _fourteen days_. The counsel for the prisoners were David L. Child, Esq., and George Hillard, Esq., who defended them with great ability. Mr. Child brought to the cause his untiring zeal, his various and profound learning; and exhibited a labour, and _desperation_ which showed that he was fully conscious of the weight of the load--the dead lift--he had undertaken to carry. Mr. Hillard concluded his argument, by making an eloquent and affecting appeal to the jury in behalf of the boy Costa and Antonio Ferrer, the cook, and alluded to the circumstance of Bernardo de Soto having rescued the lives of 70 individuals on board the American ship Minerva, whilst on a voyage from Philadelphia to Havana, when captain of the brig Leon.

If, gentlemen, said he, you deem with me, that the crew of the Panda, (supposing her to have robbed the Mexican,) were merely servants of the captain, you cannot convict them. But if you do not agree with me, then all that remains for me to do, is to address a few words to you in the way of mercy. It does not seem to me that the good of society requires the death of all these men, the sacrifice of such a hecatomb of human victims, or that the sword of the law should fall till it is clogged with massacre. _Antonio Ferrer_ is plainly but a servant. He is set down as a free black in the ship's papers, but that is no proof that he is free. Were he a slave, he would in all probability be represented as free, and this for obvious reasons. He is in all probability a slave, and a native African, as the tattooing on his face proves beyond a doubt. At any rate, he is but a servant. Now will you make misfortune pay the penalty of guilt? Do not, I entreat you, lightly condemn this man to death. Do not throw him in to make up the dozen. The regard for human life is one of the most prominent proofs of a civilized state of society. The Sultan of Turkey may place women in sacks and throw them into the Bosphorus, without exciting more than an hour's additional conversation at Constantinople. But in our country it is different. You well remember the excitement produced by the abduction and death of a single individual; the convulsions which ensued, the effect of which will long be felt in our political institutions. You will ever find that the more a nation becomes civilized, the greater becomes the regard for human life. There is in the eye, the form, and heaven-directed countenance of man, something holy, that forbids he should be rudely touched.

The instinct of life is great. The light of the sun even in chains, is pleasant; and life, though supported but by the damp exhalations of a dungeon, is desirable. Often, too, we cling with added tenacity to life in proportion as we are deprived of all that makes existence to be coveted.