He was proceeding to make a defence, when the Jury said they were all satisfied from what had appeared to them; that there was no credit to be given to the two witnesses on the side of the prosecution, and therefore found the prisoner
NOT GUILTY.
It still remains for us to make a few observations on the above extraordinary trial. Nothing that may now be said can in any manner affect Captain Kimber; as he has been acquitted, and cannot be tried a second time for the same offence.
We shall not declare what impressions we lie under as to the guilt or innocence of Capt. Kimber; but lay before the public a few points, from which they may draw such conclusions as their feelings and reason shall dictate.
And first we shall ask, why was there not such a defence set up by Captain Kimber, as could, in the minds of the people, have acquitted him of the horrid act which was sworn against him? Did he bring forward a single witness to contradict the charges of his accusers? What became of all the seamen and servants on board his ship, who were in England at the time he was apprehended, and who might have been brought into Court to declare at once that the prisoner did not commit murder; without having recourse to the miserable shift of proving perjury against Mr. Dowling and Devereux, in points that had nothing to do with the prosecution? Were none of the Recovery’s crew to be found, or was Captain Kimber afraid that they would have all conspired against his life?
One of the witnesses on the side of the prosecution said, that all the crew were taken up at Bristol, and sent out of the way. The event has given us no reason to doubt the truth of this assertion.
As to Mr. Dowling’s not having disclosed the murder when he came on shore, nor keeping a complete journal, these are circumstances which those persons who know any thing of ships in general or the African slave trade, will pay no attention to. Journals, which are considered mere matters of form, are generally imperfect, and the barbarous treatment of slaves on board the ships is so frequent, as to be looked upon with indifference. Perhaps Mr. Dowling, perhaps the whole crew might have conceived that the killing of a slave on board a ship was an offence not punishable by law.
As there was no other evidence to support the second indictment, than what supported the first, the Jury also acquitted the prisoner on it.
The trial lasted near five hours. His Royal Highness the Duke of Clarence was present the whole time, and appeared from his looks and gestures, to be particularly interested, in favour of the man who was accused of having murdered a slave.