death. To this, James Kelsal, the mate, at first objected. But the master, soon gained over the crew, and the work of death began.
One hundred and thirty-two of the slaves were brought on deck, and the crew began by turns to throw them into the sea. "A parcel" of fifty-four were first drowned. The next day "another parcel" of forty-two, were committed to the deep: and on the third day, the remaining thirty-six, were brought up for execution; but offering some resistance, twenty-six were first put into irons, and then thrown overboard. The remaining ten, animated by despair, sprang disdainfully from the grasp of their murderers, and buried themselves in the ocean.
The pretense of the master was, that a scarcity of water rendered the execution necessary—but this was abundantly disproved.
Nevertheless, the verdict of the jury on the first trial, was in favor of the master and the owners!!! and the Solicitor General, J. Lee! spurned the idea of carrying the cause further. He asserted the unquestionable right of the master to do as he had done. "This is a case," said he, "of goods and chattels. It is really so: it is a case of throwing over goods; for to this purpose and the purpose of insurance, they are goods and property—whether right or wrong, we have nothing to do with it"!!
Mr. Pigot, on the part of the underwriters, said, "The life of one man, is like the life of another man, whatever the complexion is. Suppose the exigency described had existed—I ground myself on the rights and essential interests of humanity; I contend, that as long as any water remained, these men were as much entitled to their share, as the captain, or any other man whatever."
Lord Mansfield, regarding the matter with a legal eye declared, "The matter left to the jury, is 'was it from necessity'"?—"for they had no doubt (though it shocks one very much) that the case of slaves, was the same as if horses had been thrown overboard!! It is a very shocking case." He granted a new trial.
The result, was a verdict in favor of the underwriters.
