I shall not, said the learned Council, enter into a detail of circumstances, for that must appear by the evidence which is to be laid before you Gentlemen of the Jury. Nor is it necessary that I should make any observations on the heinousness of this offence, as that is the province of the Court. And no doubt, your verdict will be given with that discretion and impartiality, which has always been shewn on similar occasions.
Mr. Thomas Dowling was first called, and examined by Mr. Attorney General; he had been a surgeon on board the Recovery, the ship which the prisoner commanded: in the beginning of June, he had arrived in the river of Calabar, on the coast of Africa, where in the end of August they had compleated their cargo of slaves. About the time of sailing, he had under his care, a female slave, aged about fourteen or fifteen years, who had been afflicted with a virulent gonorrhea, and lethargy, or drowsy complaint, of which latter ailment he could never learn the real cause. She was not then in a convalescent state: but her diseases were stationary, and bore every probable appearance of recovery. In this situation she could not eat, as the other slaves did, nor join in any of their amusements, at which the Captain was so irritated, that he used to flog her himself, with a whip, the handle of which, was one foot long, and the lash two. About three weeks after they had sailed, he beat her in this manner with uncommon severity; and on the 22d of December, perceiving her not to dance with the other negro women, he ordered a boy to bring a teakle, one end of which was fastened to the mizen stay and the other to one of her hands, and by this she was lifted up from the deck, and remained suspended for about five minutes: and during that time, she was bounsed up and down, or in other words, lifted up, and let fall again, by the way, who had a hold of the teakle.
She was then taken down and suspended in the same manner by the other arm. She was next lifted up by one leg; and afterwards by the other: until at last she was taken up for the fifth time by both hands, and underwent the fifth excruciating suspension. The whole time from the first to the last suspension, this witness said might have been half an hour. While she continued hung up by both hands, the prisoner lashed her inhumanly with his whip: and when she was let down, he forced her to walk without any assistance down the hatchway: this she was unable to do, having got but two or three steps, when she slipt all the rest of the way.
When this witness next saw her she was welted in several parts of the body, her hands were swelled in consequence of the hanging, and her legs disfigured in a shocking manner: after this the witness saw her in convulsions, had her brought on deck, and rubbed her with volatile spirits; but every remedy was ineffectual: she languished away in this miserable state for three days, and on the third expired.
All this happened in the middle passage about 200 leagues from Granada, whither the Recovery with her cargo was bound. And the witness was positive that the death of the slave was occasioned by the ill treatment she had received.
The witness was cross-examined by Mr. Pigott leading council for the prisoner.
Q. Has it been your undeviating opinion that the girl died in consequence of the punishment said to have been inflicted on her?
A. It has.
Q. Was her death the subject of no conversation at that time among the ship’s crew?