The laws by which we were now governed had been made by Comstock, soon after the mutiny, and read as follows:
“That if any one saw a sail and did not report it immediately, he should be put to death! If any one refused to fight a ship he should be put to death; and the manner of their death, this—They shall be bound hand and foot and boiled in the try pots, of boiling oil!” Every man was made to seal and sign this instrument, the seals of the mutineers being black, and the remainder, blue and white. The raft or stage being completed, it was anchored, so that one end rested upon the rocks, the other being kept sea-ward by the anchor. During the first day many articles were brought from the ship in boats, to the raft, and from thence conveyed on shore. Another raft, however, was made, by laying spars upon two boats, and boards again upon them, which at high water would float well up on the shore. The following, as near as can be recollected, were the articles landed from the ship; (and the intention was, when all should have been got on shore, to haul the ship on shore, or as near it as possible and burn her.) One mainsail, one foresail, one mizen-topsail, one spanker, one driver, one maintop gallantsail, two lower studdingsails, two royals, two topmast-studdingsails, two top-gallant-studdingsails, one mizen-staysail, two mizen-top-gallantsails, one fly-gib, (thrown overboard, being a little torn,) three boat’s sails (new,) three or four casks of bread, eight or ten barrels of flour, forty barrels of beef and pork, three or more 60 gal. casks of molasses, one and a half barrels of sugar, one barrel dried apples, one cask vinegar, two casks of rum, one or two barrels domestic coffee, one keg W. I. coffee, one and a half chests of tea, one barrel of pickles, one do. cranberries, one box chocolate, one cask of tow-lines, three or more coils of cordage, one coil rattling, one do. lance warp, ten or fifteen balls spunyarn, one do. worming, one stream cable, one larboard bower anchor, all the spare spars, every chest of clothing, most of the ship’s tools, &c. &c. The ship by this time was considerably unrigged.
On the following day, Monday 16th February, Payne the second in the mutiny, who was on board the ship attending to the discharge of articles from her, sent word to Comstock, who with Gilbert Smith and a number of the crew were on shore, attending to the landing of the raft; “That if he did not act differently with regard to the plunder, such as making presents to the natives of the officers’ fine clothing, &c. he would do no more, but quit the ship and come on shore.” Comstock had been very liberal to the natives in this way, and his object was, no doubt, to attach them as much as possible to his person, as it must have been suggested to his guilty mind, that however he himself might have become a misanthrope, yet there were those around him, whose souls shuddered at the idea of being forever exiled from their country and friends, whose hands were yet unstained by blood, but who might yet imbrue them, for the purpose of escape from lonely exile, and cruel tyranny.
When the foregoing message was received from Payne, Comstock commanded his presence immediately on shore, and interrogated him, as to what he meant by sending such a message. After considerable altercation, which took place in the tent, Comstock was heard to say, “I helped to take the ship, and have navigated her to this place.—I have also done all I could to get the sails and rigging on shore, and now you may do what you please with her; but if any man wants any thing of me, I’ll take a musket with him!”
“That is what I want,” replied Payne, “and am ready!” This was a check upon the murderer, who had now the offer of becoming a duellist; and he only answered by saying, “I will go on board once more, and then you may do as you please.”
He then went on board, and after destroying the paper upon which were recorded the “Laws,” returned, went into the tent with Payne, and putting a sword into a scabbard, exclaimed, “this shall stand by me as long as I live.”
We ought not to omit to mention that during the time he was on board the ship, he challenged the persons there, to fight him, and as he was leaving, exclaimed “I am going to leave you; Look out for yourselves!”
After obtaining from Payne permission to carry with him a cutlass, a knife, and some hooks and lines, he took his departure, and as was afterwards ascertained, immediately joined a gang of natives, and endeavoured to excite them to slay Payne and his companions! At dusk of this day he passed the tent, accompanied by about 50 of the natives, in a direction of their village, upwards of a league distant. Payne came on board, and after expressing apprehensions that Comstock would persuade the natives to kill us all, picked out a number of the crew to go on shore for the night, and stationed sentinels around the tent, with orders to shoot any one, who should attempt to approach without giving the countersign. The night, however, passed, without any one’s appearing; but early on the morning of the
17th Feb.; Comstock was discovered at some distance coming towards the tent. It had been before proposed to Smith by Payne, to shoot him; but poor Smith like ourselves, dare do no other than remain upon the side of neutrality.
Oliver, whom the reader will recollect as one of the wretches concerned in the mutiny, hurried on shore, and with Payne and others, made preparations to put him to death. After loading a number of muskets they stationed themselves in front of the tent, and waited his approach—a bushy spot of ground intervening, he did not make his appearance until within a short distance of the tent, which, as soon as he saw, drew his sword and walked quick towards it, in a menacing manner; but as soon as he saw a number of the muskets levelled at him, he waved his hand, and cried out, “don’t shoot me, don’t shoot me! I will not hurt you!” At this moment they fired, and he fell!—Payne fearing he might pretend to be shot, ran to him with an axe, and nearly severed his head from his body! There were four muskets fired at him, but only two balls took effect, one entered his right breast, and passed out near the back bone, the other through his head.