The Pirate

by Frederick Marryat

Many of them who had been wounded in the attack upon the property of Don Cumanos, and afterwards captured, had died in their confinement. Still forty-five were placed at the bar; and their picturesque costume, their bearded faces, and the atrocities which they had committed, created in those present a sensation of anxiety mingled with horror and indignation.

Two of the youngest amongst them had been permitted to turn king’s evidence. They had been on board of the Avenger but a few months; still their testimony as to the murder of the crews of three West India ships, and the attack upon the property of Don Cumanos, was quite sufficient to condemn the remainder.

Much time was necessarily expended in going through the forms of the court; in the pirates answering to their various names; and, lastly, in taking down the detailed evidence of the above men. It was late when the evidence was read over to the pirates, and they were asked if they had anything to offer in their defence. The question was repeated by the judge; when Hawkhurst was the first to speak. To save himself he could scarcely hope; his only object was to prevent Francisco pleading his cause successfully, and escaping the same disgraceful death.

Hawkhurst declared that he had been some time on board the Avenger, but that he had been taken out of a vessel and forced to serve against his will, as could be proved by the captain’s son, who stood there (pointing to Francisco), who had been in the schooner since her first fitting out:—that he had always opposed the captain, who would not part with him, because he was the only one on board who was competent to navigate the schooner: that he had intended to rise against him, and take the vessel, having often stimulated the crew so to do; and that, as the other men, as well as the captain’s son, could prove, if they chose, he actually was in confinement for that attempt when the schooner was entering the passage to the Caicos; and that he was only released because he was acquainted with the passage, and threatened to be thrown overboard if he did not take her in; that, at every risk, he had run her on the rocks; and aware that the captain would murder him, he had shot Cain as he was swimming to the shore, as the captain’s son could prove; for he had taxed him with it, and he was actually struggling with him for life, when the officers and boat’s crew separated them, and made them both prisoners: that he hardly expected that Francisco, the captain’s son, would tell the truth to save him, as he was his bitter enemy, and in the business at the Magdalen river, which had been long planned (for Francisco had been sent on shore under the pretence of being wrecked, but, in fact, to ascertain where the booty was, and to assist the pirates in their attack), Francisco had taken the opportunity of putting a bullet through his shoulder, which was well known to the other pirates, and Francisco could not venture to deny. He trusted that the court would order the torture to Francisco, and then he would probably speak the truth; at all events, let him speak now.

When Hawkhurst had ceased to address the court, there was an anxious pause for some minutes. The day was fast declining, and most parts of the spacious Court House were already deeply immersed in gloom; while the light, sober, solemn, and almost sad, gleamed upon the savage and reckless countenances of the prisoners at the bar. The sun had sunk down behind a mass of heavy yet gorgeous clouds, fringing their edges with molten gold. Hawkhurst had spoken fluently and energetically, and there was an appearance of almost honesty in his coarse and deep-toned voice. Even the occasional oaths with which his speech was garnished, but which we have omitted, seemed to be pronounced more in sincerity than in blasphemy, and gave a more forcible impression to his narrative.

We have said, that when he concluded there was a profound silence; and amid the fast-falling shadows of the evening, those who were present began to feel, for the first time, the awful importance of the drama before them, the number of lives which were trembling upon the verge of existence, depending upon the single word of “Guilty.” This painful silence, this harrowing suspense, was at last broken by a restrained sob from a female; but owing to the obscurity involving the body of the court, her person could not be distinguished. The wail of a woman so unexpected—for who could there be of that sex interested in the fate of these desperate men?—touched the heart of its auditors, and appeared to sow the first seeds of compassionate and humane feeling among those who had hitherto expressed and felt nothing but indignation towards the prisoners.

The judge upon the bench, the counsel at the bar, and the jury impannelled in their box, felt the force of the appeal; and it softened down the evil impression created by the address of Hawkhurst against the youthful Francisco. The eyes of all were now directed towards the one doubly accused—accused not only by the public prosecutor, but even by his associate in crime,—and the survey was favourable. They acknowledged that he was one whose personal qualities might indeed challenge the love of woman in his pride, and her lament in his disgrace; and as their regard was directed towards him, the sun, which had been obscured, now pierced through a break in the mass of clouds, and threw a portion of his glorious beams from a window opposite upon him, and him alone, while all the other prisoners who surrounded him were buried more or less in deep shadow. It was at once evident that his associates were bold yet commonplace villains—men who owed their courage, their only virtue perhaps, to their habits, to their physical organisation, or the influence of those around them. They were mere human butchers, with the only adjunct that, now that the trade was to be exercised upon themselves, they could bear it with sullen apathy—a feeling how far removed from true fortitude! Even Hawkhurst, though more commanding than the rest, with all his daring mien and scowl of defiance, looked nothing more than a distinguished ruffian. With the exception of Francisco, the prisoners had wholly neglected their personal appearance; and in them the squalid and sordid look of the mendicant seemed allied with the ferocity of the murderer.

Francisco was not only an exception, but formed a beautiful contrast to the others; and as the evening beams lighted up his figure, he stood at the bar, if not with all the splendour of a hero of romance, certainly a most picturesque and interesting personage, elegantly if not richly attired.

The low sobs at intervals repeated, as if impossible to be checked, seemed to rouse and call him to a sense of the important part which he was called upon to act in the tragedy there and then performing. His face was pale, yet composed; his mien at once proud and sorrowful: his eye was bright, yet his glance was not upon those in court, but far away, fixed, like an eagle’s, upon the gorgeous beams of the setting sun, which glowed upon him through the window that was in front of him.

At last the voice of Francisco was heard, and all in that wide court started at the sound—deep, full, and melodious as the evening chimes. The ears of those present had, in the profound silence, but just recovered from the harsh, deep-toned, and barbarous idiom of Hawkhurst’s address, when the clear, silvery, yet manly voice of Francisco, riveted their attention. The jury stretched forth their heads, the counsel and all in court turned anxiously round towards the prisoner, even the judge held up his forefinger to intimate his wish for perfect silence.