I think you said Captain Lacy was there?—He was.

Do you remember the names of any other officers that were there?—Mr.

Ford was there, I believe, and Lieut. Fall and Lieut. O’Shanley were

there also; I believe they were there before the end of the business; I

do not know whether they were there at the beginning.

Did they form any part of the circle?—They were in the middle of it.

What size was the circle?—It was but small; there were not three hundred

men there.

Was it formed one or two deep?—To the best of my recollection, two deep.

Do you know what the number of the whole garrison was at that time?—I

believe not three hundred; I am almost sure it was not.

What situation were you in?—Close to the circle on the outside.

Where was the governor?—He was inside.

Were you near enough, were you in such a situation that you could hear

what was passing within the circle?—I was; I heard some words that

passed.

Could you see what passed?—Yes, very well; I was leaning rather between

the men, with my head over, to listen and see.

What did you observe to pass within the circle when it was formed?—There

was a carriage of a six-pounder brought in, I believe, just after the

circle was formed.

Do you know who brought it in?—There were some blacks there, I saw, but

I do not know whether it was they that brought it in or not.

Did you observe anything pass between the officers?—I saw the governor

speak to the rest of the officers, but what they said I do not

recollect.

Was the gun-carriage brought in before you observed the governor

speaking to the officers, or after?—I cannot pretend to say.

Did you hear the governor say anything that you do recollect?—Not to the

officers.

To any one else did you hear him speak?—Yes, I heard him call Benjamin

Armstrong out of the ranks.

Where was Armstrong at that time?—Among the rest of the men in the

circle, in his proper place.

Did he come out?—He did.

What happened when he came out?—He was ordered to strip by Governor

Wall, and was tied up to the carriage of the cannon, and Governor Wall

ordered him to be flogged, and he was flogged by black men.

Were more than one person employed in it?—There were five or six, to the

best of my recollection; I believe six; they changed as the drummers in

the army do; I cannot exactly tell how often; I believe about every

twenty-five lashes.

Do you recollect how many lashes he received?—No, I do not; he had a

great many.

Do you know how long it was about?—I cannot tell.

Were you near enough to see what the instrument was with which he was

flogged?—It was a kind of rope.

Can you tell the size of the rope?—No, I cannot pretend to say now.

Was it the usual instrument of punishment?—No, I never saw any one

punished before with a rope of that kind, nor by blacks before.

Were these blacks any part of the regiment?—They were not.

Did you ever see anybody punished in that way before, and with such an

instrument?—I never did, neither before nor since.

Where was Governor Wall during the time that this punishment was

inflicted?—He was in the circle just by the person that was punished,

urging them to do their duty, and threatening them if they did not.

Do you recollect any expressions he made use of at the time?—I heard him

say several times, “Cut him to the heart! Cut him to the liver!” I heard

him say that several times.

Did you hear Armstrong say anything to him during the time the

punishment was inflicted?—I believe he begged for mercy, but I do not

remember the words.

Did the governor say anything to him?—I heard him say something during

the punishment, but I am not certain whether it was to Armstrong or any

of the others.

You do not recollect whether the expressions you remember to have heard

from the governor were made use of during the punishment of Armstrong,

or any other person?—I have not said what you mentioned; what I have

said was during the punishment of Armstrong.

What became of Armstrong after the punishment?—I believe he was taken to

the hospital between two men; I saw him going away from the circle.

At this time was there any appearance of mutiny or disobedience among

the soldiers?—I did not see the least, nor hear of any.

Roger Moore, a private soldier at Goree in 1782, supplied the evidence

as to the actual chastisement:—

With what sort of instrument was the punishment inflicted?—_Moore_: It

was a rope.

Did you see the rope?—At a distance.

Could you form any judgment of the size of the rope?—It looked at a

distance near upon an inch.

In diameter?—Yes.

Were there any knots in it?—Not that I know or ever heard.

What number of lashes were given?—Armstrong received eight hundred.

How do you know?—I counted them myself.

Lieutenant Poplett, of the African corps, an eyewitness of the flogging,

though himself under arrest at the time, was in his evidence asked:—

After the circle had been formed, what did you see done to

Armstrong?—_Poplett_: I saw Armstrong stripped, fastened to a

gun-carriage, and flogged on his bare back by several black men,

frequently changed, I believe, at every twenty-five lashes.

Can you tell how many lashes were inflicted?—I think eight hundred.

After these lashes were inflicted, what became of Armstrong?—I saw him

supported towards the hospital.

Did you observe the rope that he was flogged with?—I did at a distance.

What might the distance be?—About forty yards, on an elevation of eleven

feet.

Could you distinctly see what passed?—I could.

What sort of a rope was it that was used?—I can produce one.

_Mr. Gurney_: Is it the same rope that was used?—I had it on the evening

of the 11th from one of the men who used it in the punishment of the

10th.

_Mr. Gurney_: That will not do.

_Mr. Wood_: Was it such a rope as that you have got there?—I believe it

was.

_Mr. Wood_: Be so good as to produce that which you have. (_The witness

produces a rope._)

_Mr. Wood_: Did you observe whether the rope that was used was knotted

at the end in the same manner as that is?—I could not at that distance

say positively that it was, but I believe it was.

Is it usual to inflict punishment with a rope like that?—I never saw

such a thing done in the army before.

What is the usual instrument of punishment upon those occasions?—A

cat-o’-nine-tails composed of small cord; if severe, generally of small

log-line; but, if moderate, generally whipcord.

Do you happen to know whether Armstrong had ever been tried or convicted

of any offence before this punishment was inflicted?—Not about that

time, to my knowledge.

Mr. Peter Ferrick, the surgeon, corroborated the proof as to the

punishment, and he was then asked:—

Did you attend this man to the hospital after the punishment had been

gone through?—_Ferrick_: Yes.

How long did he live?—It was done on the 10th, and I think he lived till

the 15th.

Did you attend him from day to day after the punishment till his

death?—Yes, twice a day.

What do you think was the cause of his death?—I have supposed, from that

time to this, that the punishment was the cause of his death.

_Lord Chief Baron Macdonald_: By “supposed,” do you mean that it is your

opinion?—Yes.

_Mr. Fielding_: You said you did not arrive within the circle till the

man was undergoing this punishment; therefore I will simply ask you, if,

during the course of that day, or at that time, you saw any appearance

of disorderly behaviour, tumultuous or mutinous?—Not the smallest.

Did you know of any?—Not any; I never heard of any till I heard it at

the Privy Council the other day.

Were you near Armstrong shortly before the time of his death?—I visited

him on the day on which he died.

If there are bruises occasioned by this instrument, is mortification

more likely to ensue from that punishment being inflicted with this rope

than with a common cat of nine tails?—Certainly; but that is reasoning

from experience; I did not know that before.

Then, as a surgeon, looking upon this instrument as likely by its

bruises to produce more mischief than a cat of nine tails, I ask what

your opinion must necessarily be of a punishment to the extent of eight

hundred lashes being inflicted upon a human body, whether the effect is

not likely to be attended with death?—It is.

_Mr. Justice Rooke_: What was this man’s state of health before he

received this punishment?—I believe he was in so good a state of health

that he was never in my hands at all.

Celebrated naval and military trials · 第 34 / 52 题