But justice, if delayed, advanced with sure and certain steps. In the month of February 1831, Charles Gibbs and a man named Wansley, who had been one of the confederates, were brought up for trial in New York on a charge of murdering Captain Thornby. Wansley was a negro and was found guilty and condemned to death. Gibbs, in his defence, said that when the ship started out from New Orleans he was a stranger to all on board excepting Dawes and one other. He pretended that it was not he himself who first suggested taking the money, but that after the subject had been discussed for some days he agreed to join in the plot. He even protested, he alleged, that it would be better to give up the plan, as it was a serious thing to take human life and commit piracy. This, be it remembered, was Gibbs' version of the affair, but having regard to his past record there is every reason to suppose that he was now adding lies to his other guilt. Three days later, he averred, the murder took place, and all that he did was to help throw the captain's body over-*board after he had been struck, when he presumed he had been killed. He protested further that he was innocent of the mate's murder.
But the judge pointed out that even if Gibbs had not actually done the deed, he was there strongly instigating the murderers on without stretching out a hand to save them. "It is murder as much to stand by and encourage the deed as to stab with a knife, strike with a hatchet or shoot with a pistol. It is not only murder in law, but in your own feelings and in your own conscience." So spoke the judge, and he who had spent a life of licence and piracy, marked by murders with only occasional legitimate fighting, was condemned to the scaffold. To the end Gibbs, while admitting his guilt of piracy, yet insisted that he was innocent of the
