soner was in a public privy there as if he had occasion The surgeon described the wound, as being two inches and a half in length, and one quarter of an inch deep, and inflicted with a sharp instrument like the knife produced. The knife appeared to have struck against one of the ribs and glanced off; had the point of the knife insinuated itself between the ribs and entered the cavity of the chest, death would have inevitably been the consequence; if it had struck two inches lower, death would have ensued ; but the wound, as it happened, was not considered dangerous. The jury found the prisoner guilty, and sentence of death was passed upon him; but the learned JUDGE respited the execution, and submitted the case for the consideration of THE JUDGES. In Hilary term, 1825, ALL THE JUDGES (except BEST L.C.J. and ALEXANDER L. C. B. who were absent) met, and considered this case. The majority of THE JUDges, viz. ABBOTT L. C. J., GRAHAM B., BAYLEY J., PARK J., GARROW B., HULLOCK B., LITTLEDALE J., and GASELEE J., held, that as the actual arrest would have been illegal, the attempt to make it when the 1825. THOMPSON'S Case. 1825. THOMSON'S prisoner was in such a situation that he could not get away, and when the waiting to give notice might have enabled the constable to complete the arrest, was such a provocation, as if death had ensued would have made the case manslaughter only, and that therefore the conviction was wrong. HOLROYD J. and BURROUGH J. thought otherwise. (a) 1825. It is an offence within 11 & 12 W. 3. c. 7. s. 9. to make a revolt in a ship, or to endeavour to make one, ject is not to run away with the ship or to commit any act of piracy, but to force the captain to redress sup REX v. HASTINGS and MEHARG. HUGH Hastings and Alexander Meharg were tried before LORD STOWELL, ALEXANDER L. C. B., and others, at the Admiralty sessions, February 8th, 1825. The indictment contained four counts. The first count, after averring that the prisoners, though the ob- being within the jurisdiction of the Admiralty, and mariners on board a merchant ship called the Havannah Packet, belonging to I. N. and I. R. subjects of the King, of which one I. E., also a subject of the King, was then and there master, piratically and feloniously did betray their trust as such mariners, and posed grievan- turn pirates, and piratically and feloniously did consult, combine, and confederate together and with each other to piratically and feloniously steal, take and run away with the said ship, against the form of the statute, &c. ces. The second count did not charge the prisoners with confederating with each other, but charged that they did piratically and feloniously attempt and endeavour to corrupt William Taylor and others named, to (a) Vide Rex v. Ford, Russ. & Ry. C. C. R. 329. piratically and feloniously steal, take, and run away with the said ship, against the form of the statute, &c. The third count charged them with piratically and feloniously making a revolt in the said ship, I.E. the master then and there being on board the said ship, against the form of the statute, &c. The fourth count charged, that they did piratically and feloniously endeavour to make a revolt in the said ship, the said I. E. the master then and there being in and on board the said ship, against the form of the statute, &c. The evidence established clearly that there was a revolt in the ship, in which the prisoners participated. They refused to obey orders, and were guilty of many acts of insubordination against the captain, and of violence and insult against him, the mate, and such as performed their duty. 1 The object of the prisoner's counsel in the examination of the witnesses was, to show that the prisoners and their adherents had in view a redress of supposed grievances, and not the intention of assuming the command for the purpose of carrying off the ship. There was some evidence that the prisoners complained of ill usage, and there was also evidence that they had an ulterior object. It appeared that the prisoner Hastings was parading the deck, saying, "Allow me to be admiral, and I'll make a good ship of her." In the evening of the same day, on the captain's asking the prisoner Meharg what they intended to do with him and the ship, Meharg said, "Some wanted to have her taken round Cape Horn, and sold there; others wished to have her taken to the Cape de Verd Islands, and that they intended to have the guns taken up, and to capture the first vessel they were able." There were two eigh teen pounders in the hold. They also talked of 1825. HASTINGS'S Case. 1825. the ship being fit for a privateer. It appeared that the prisoners had got possession of the rum and were HASTINGS's heated with drinking. Case, The jury acquitted both the prisoners on the first and second counts, and convicted them on the third and fourth. The point made by the prisoner's counsel, and which was submitted to the consideration of THE JUDGES was, that in order to satisfy the intent of the statute 11 & 12 W. 3. c. 7. s. 9. (a), and the words of the indictment "piratically and feloniously revolted,” the object of the revolt must have been to take possession of, or to run away with, the ship, or to enable the prisoners to commit some act of piracy, and not merely to resist the captain's authority, in order to force him to redress alleged grievances. The acquittal on the two first counts, one of which was that the prisoners "did betray their trust and turn pirates," and the other that they endeavoured to corrupt certain individuals of the crew "to steal, (a) By which it is enacted, that if any commander or master of any ship, or any seaman or mariner, shall in any place where the admiral hath jurisdiction betray his trust, and turn pirate, enemy, or rebel, and piratically and feloniously run away with his or their ship or ships, or any barge, boat, ordnance, ammunition, goods, or merchandize, or yield them up voluntarily to any pirate, or shall bring any seducing message from any pirate, enemy, or rebel, or consult, combine, or confederate with, or attempt or endeavour to corrupt any commander, master, officer, or mariner to yield up or run away with any ship, goods, &c. or turn pirate, or go over to pirates, or if any person shall lay violent hands on his commander, whereby to hinder him from fighting in defence of his ship, or goods committed to his trust, or shall confine his master, or make or endeavour to make revolt in the ship, shall be adjudged a pirate, felon, and robber, and being convicted thereof, shall suffer death, loss of land, goods and chattels, as pirates, felons, and robbers upon the seas ought to have and suffer. take, and run away with the ship," seemed to prove that the jury took this view of the evidence, and did not impute to the prisoners any other real intention than that of redressing their supposed grievances. In Easter term, 1825, all THE JUDGES (except BEST L. C. J. and LITTLEDALE J.) met, and considered this case, and they were unanimously of opinion that making or endeavouring to make a revolt, with a view to procure a redress of what the prisoners thought grievances, and without any intent to run away with the ship, or to commit any act of piracy, was an offence within 11 & 12 W. 3. c. 7. s. 9. and that the conviction was therefore right. 1825. HASTINGS'S Case. REX v. WILLIAM GILLOW. THE The jury were of opinion that the prisoner's motive was to prevent his lawful apprehension, but that in order to effect that purpose he had also the intention of doing to Carter some grievous bodily harm, |