The same verdict was pronounced against De Soto (the mate) Ruiz, (the carpenter,) Boyga, Castillo, Garcia and Montenegro. But Costa, (the cabin-boy,) Ferrer (the negro,) Guzman, Portana, and Velasquez, were declared NOT GUILTY.
After having declared the verdict of the Jury, the Foreman read to the Court the following recommendation to mercy:
"The sympathies of the Jury have been strongly moved in behalf of Bernardo de Soto, on account of his generous, noble and self-sacrificing conduct in saving the lives of more than 70 human beings, constituting the passengers and crew of the ship Minerva; and they desire that his case should be presented to the merciful consideration of the Government."
Judge Story replied that the wish of the jury would certainly be complied with both by the Court and the prosecuting officer.
"The appearance and demeanor of Captain Gilbert are the same as when we first saw him; his eye is undimmed, and decision and command yet sit upon his features. We did not discern the slightest alteration of color or countenance when the verdict of the jury was communicated to him; he merely slightly bowed and resumed his seat. With De Soto the case was different. He is much altered; has become thinner, and his countenance this morning was expressive of the deepest despondency. When informed of the contents of the paper read by the foreman of the jury, he appeared much affected, and while being removed from the Court, covered his face with his handkerchief."
Immediately after the delivery of the verdict, the acquitted prisoners, on motion of Mr. Hillard, were directed to be discharged, upon which several of the others loudly and angrily expressed their dissatisfaction at the result of the trial. Castillo (a half-caste, with an extremely mild and pleasing countenance,) pointed towards heaven, and called upon the Almighty to bear witness that he was innocent; Ruiz uttered some words with great vehemence; and Garcia said "all were in the same ship; and it was strange that some should be permitted to escape while others were punished." Most of them on leaving the Court uttered some invective against "the picaro who had sworn their lives away."
On Costa, the cabin boy, (aged 16) being declared "Not Guilty" some degree of approbation was manifested by the audience, but instantly checked by the judge, who directed the officers to take into custody, every one expressing either assent or dissent. We certainly think the sympathy expressed in favor of Costa very ill placed, for although we have not deemed ourselves at liberty to mention the fact earlier, his conduct during the whole trial was characterized by the most reckless effrontery and indecorum. Even when standing up to receive the verdict of the jury, his face bore an impudent smile, and he evinced the most total disregard of the mercy which had been extended towards him.
About this time vague rumors reached Corunna, that a Captain belonging to that place, engaged in the Slave Trade, had turned Pirate, been captured, and sent to America with his crew for punishment. Report at first fixed it upon a noted slave-dealer, named Begaro. But the astounding intelligence soon reached Senora de Soto, that her husband was the person captured for this startling crime. The shock to her feelings was terrible, but her love and fortitude surmounted them all; and she determined to brave the terrors of the ocean, to intercede for her husband if condemned, and at all events behold him once more. A small schooner was freighted by her own and husband's father, and in it she embarked for New-York. After a boisterous passage, the vessel reached that port, when she learned her husband had already been tried and condemned to die. The humane people of New-York advised her to hasten on to Washington, and plead with the President for a pardon. On arriving at the capital, she solicited an interview with General Jackson, which was readily granted. From the circumstance of her husband's having saved the lives of seventy Americans, a merciful ear was turned to her solicitations, and a pardon for De Soto was given her, with which she hastened to Boston, and communicated to him the joyful intelligence.
Andrew Jackson, President of the United States of America, to all to whom these presents shall come, Greeting: Whereas, at the October Term, 1834, of the Circuit Court of the United States, Bernardo de Soto was convicted of Piracy, and sentenced to be hung on the 11th day of March last from which sentence a respite was granted him for three months, bearing date the third day of March, 1835, also a subsequent one, dated on the fifth day of June, 1835, for sixty days. And whereas the said Bernardo de Soto has been represented as a fit subject for executive clemency--
Now therefore, I, Andrew Jackson, President of the United States of America, in consideration of the premises, divers good and sufficient causes me thereto moving, have pardoned, and hereby do pardon the said Bernardo de Soto, from and after the 11th August next, and direct that he be then discharged from confinement. In testimony whereof I have hereunto subscribed my name, and caused the seal of the United States to be affixed to these presents. Done at the City of Washington the sixth day of July, AD. 1835, and of the independence of the United States and sixtieth. Andrew Jackson.