through the channel, he brought his vessel to anchor near the Cape Elizabeth shore. The Rover came up, and anchored but a few rods distant. It was now near night; the strong east wind that was driving into the harbor, began to be accompanied by a thick, beating rain; and as soon as his sails were snugly furled, and the little Betsy prepared to ride out the storm, Captain Jordan and his boys hastened on shore, to join the family circle, from whom they had been absent on a four weeks' cruise.

The storm continued through the next day, with heavy wind, and copious rain. Numerous vessels bad come into the harbor during the night, to escape from the perils of an easterly storm, on the rough and dangerous coast of Maine; and in the morning their naked masts were seen rocking to and fro, like leafless trees in the autumn winds. The inhabitants of Falmouth and Cape Elizabeth were but little abroad on that day; but many a spy-glass was pointed from the windows, on both sides of the harbor, to scan the different vessels that were there at anchor. None attracted more attention, or elicited more remark, than the little Rover. She seemed to be a strange bird among the flock. All said she was not a coaster, and it was obvious she was not a fisherman. She had a strange kind of foreign look about her, that induced the inhabitants, pretty unanimously, to decide, that she did n't belong any where about in these parts.'

The storm passed over. The next day was clear and pleasant, and a gentle wind was blowing from the north-west. The transient vessels in the harbor, one after another, shook out their sails to the breeze, glided smoothly through the channel, and put to sea. Before nine o'clock, all were gone except the strange little schooner, and the vessels that belonged to the port, or such as were there waiting cargo. But day after day passed away, and the little Rover still remained at anchor. It could not be discovered that she had any special object in her visit to Falmouth. She had brought no cargo to the town, and did not seem to be looking for one. Her whole crew consisted of but three men, who were on shore every day, at Falmouth, or Cape Elizabeth, and entering into various little barter-trades with the inhabitants. Public curiosity began to be considerably excited, in regard to the strange vessel; and whenever the crew were on shore, their movements were observed with increasing attention. Day after day, and even week after week, had now elapsed, since the Rover came into port, and there she still remained at anchor, and her crew were spending most of their time in idleness; and no one could discover that they had any definite object ahead. Mysterious whispers, and vague rumors, began to be set afloat among the community, of a character so grave and awful, as to excite the attention of the public authorities.

The time of which we are now speaking, was the month of July, in the year 1789. The Supreme Judicial Court of Massachusetts was then holding a session at Falmouth, in the district of Maine, and the session was near its close. When these mysterious rumors respecting the schooner Rover reached the ears of the court, the judges deemed it their duty, before the court should adjourn, to inquire into the matter. They accordingly sent for Robert Jordan and William Dyer, two young men of Cape Elizabeth, from whom many of the

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reports in circulation were said to have emanated. Robert and William, being brought before the court, were questioned as to what they knew concerning the schooner Rover and her crew.

Robert said, he did n't know nothin' about 'em ; only he knew when they was piloting of her in, with the little Betsy, he heard the captain tell father they come from the coast of Africa. But what they come clear from Africa here for, without any cargo, and were staying here so long, without trying to get any thing to do, was more than he could tell.'

Well, bave you never said,' inquired the Judge, that you did n't believe but that there had been murder committed on board of that vessel? And if so, please to state to the court what were the circumstances which caused your suspicions.'

• Why,' replied Robert, · William and I have been aboard of her a good many times, bein' she lies off abreast of our house ; and a number of times we've staid aboard in the evening, and played cards with the men. They tell so many different stories about their voyage, and talk so queer about it, that I never could tell what to make of it. They 'most always had some punch or wine to drink, when we was playing; and after we'd played till it got to be considerable well along in the evening, they would sometimes get pretty merry. Sometimes they said they had come right from England, and had n't been out but twenty days when they arrived here; and sometimes they said they 'd been cruising on the coast of Africa three months, to get a load of niggers, but could n't catch 'em. And then one of 'em says, 'How many times d'ye think old Hodges has looked over the ship news, to try to find out our latitude and longitude ?' — and then he looked at the others and winked, and then they all laughed.

* And one time, it was a pretty dark evening, they had drinked up all the liquor there was in the cabin, and Captain Bird told Hanson to go into the hold and bring up a bottle of wine. Hanson kind o' hesitated a little, and looked as if he did n't want to go; and said he did n't believe but they'd had wine enough, and he did n't want to go pokin' down in the hold in the night. At that Captain Bird called him a pretty baby, and asked him what he was afraid of; and wanted to know if he was afraid he should see Connor there. And then Captain Bird ripped out a terrible oath, and swore he'd have some wine, if the d - 1 was in the hold! And he went and got a bottle, and give us all another drink. When he came back again, Hanson asked him if he see any thing of Connor there. And Captain Bird swore he 'd throw the bottle of wine at his head, if he did n't

shut up;

• And another time I was aboard in the day time, and I see a parcel of red spots on the cabin floor, and up along the gang-way, that looked as if there'd been blood there ; and I asked them what that was, and they said it was n't nothin', only where they butchered a whale. And then they all laughed again, and looked at each other, and winked. And that's pretty much all I know about the matter, may it please your honor,' said Robert, bowing to the judge.

William Dyer, being examined and questioned, his testimony agreed with that of Robert Jordan, in every particular, with the addition of one other fact. He said, ' when he was on board the Rover

a

one day, he noticed a little round hole in a board, in the after part

of the cabin, that looked as if it might have been made by a bullet from a gun; and there was a parcel of smaller holes spattered round it, that looked like shot-holes; and he took his pen-knife and dug out a shot from one of them. • And when I asked 'em,' said William, . what they'd been shooting there, Hanson said, that was where Caplain Bird shot a porpoise, when they was on the coast of Africa. And then they looked at each other and laughed.'

These circumstances, related so distinctly and minutely, by two witnesses, were adjudged by the court to be of sufficient importance to warrant the apprehension and examination of the crew of the Rover. Accordingly, measures were immediately taken to have them brought before the court. An officer was despatched, with proper authority, to arrest them; and taking with him eight assistants, well armed with muskets, he put off in a yawl-boat, to board the schooner. The officer stood at the helm, and had command of the boat, while two of the men were placed at the oars, and six stood with their guns all loaded and primed, and ready to give battle, in case resistance should be offered.

When the crew of the Rover beheld the boat approaching, and observed the formidable appearance of the armed men, they were perfectly panic-struck. The thought flashed across their minds, with the rapidity and vividness of lightning, that by some unaccountable secret means or other, their guilt had become known, and they were about to be brought to a just retribution for their crimes. They stood a moment, gazing, first at the boat, and then at each other, with a vacant and irresolute stare. The captain then sprang hastily to the capstan, and ordered the men to help get the anchor on board. They flew to their hand-spikes and gave two or three rapid heaves at the capstan; but a moment's thought told them there would not be time to get the anchor on board, before the boat would be alongside. Captain Bird then caught an axe, and cutting the cable at a single blow, ordered the men to run up the foresail. The foresail and jib were immediately set, and the schooner began to move, before a light breeze, down the harbor. Her speed, however, was slow, compared with that of the pursuing boat; for as soon as the officer perceived the schooner was making sail, he directed two more of his men to lay down their guns, and put out a couple of extra oars. The four oarsmen now buckled down to their work, and the boat was leaping over the water at a rate that struck terror into the heart of Bird and his companions.

*H'ist that main-sail!' cried Bird to his men, as soon as the schooner was fairly heading on her course; “spring for your lives! Get on all sail, as fast as possible! If we can get round that point, so as to take the wind, before they overhaul us, we 'll show 'em that we can make longitude faster than they can !

The men redoubled their exertions; every sail was made to draw to the utmost of its power; but it was all in vain; the boat was rapidly gaining upon the schooner, and before she had reached the narrows between Cape Elizabeth and House Island, the boat was alongside, and the officer commanded Captain Bird to heave to. The order was not obeyed, and the schooner kept on her course,

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officer repeated his command, and told Bird if he did n't heave to immediately, he'd shoot him down as he stood at the helm. At the same moment, he directed two of his assistants to point their guns, and take good aim. Bird, perceiving the muskets levelled at his head, darted from the helm, and leaped down the companion-way, landing, at a single bound, on the cabin floor. His companions followed with equal precipitation, and left the Rover to steer her own course, and fight her own battles. The vessel, no longer checked by the helm, soon rounded to, and the officer and his men jumped on board. On looking down into the cabin, they perceived the three men were armed, Bird with a musket, and the others with a cutlass and hand-spike, and bidding defiance to their assailants. The officer quietly closed the companion-way, and having some men with him who understood working a vessel, they soon beat up the harbor again, and made fast to one of the wharves, on the Falmouth side. The wharf was lined with people, who had been eagerly watching the result of the chase, and who now jumped on board in crowds, and thronged the vessel. The companion-way was again opened, and Bird and his men were ordered up. Perceiving there were altogether too many guns for them on board, they came quietly up, and surrendered themselves to the officer.

On being taken to the court-honse, they were placed in separate rooms, and examined severally. The first, who claimed to be commander of the vessel, said he was an Englishman by birth, and that his name was Thomas Bird. The second said he was a Swede, and his name was Hans Hanson. The third, whose name was Jackson, said he was an American, and belonged to Newton, in the state of Massachusetts. They seemed to possess little confidence in each other; and each feeling apprehensive that the others would betray him, and supposing the one who made the earliest and fullest confession would be likely to receive the lightest punishment, they all confessed, without hesitation, that the captain of the Rover had been killed on the voyage.

But all endeavored to urge strong palliating circumstances, to do away the criminality of the deed. They severally agreed, that the vessel was owned by one Hodges, in England; that their captain's name was Connor ; that they had been trading some time on the coast of Africa; that Captain Connor was rough and arbitrary, and abused his men beyond endurance; and that, in a moment of excitement, they had sought revenge, by taking his life. They all agreed, too, as to the manner in which the deed was done, and ihe time and place. It was in the night time; they were in the cabin ; Captain Connor had been very abusive and overbearing, and Bird, who was more highly provoked than he could bear, hastily caught up a gun which stood in the cabin, loaded with ball, and shot Connor dead on the spot. They were then exceedingly frightened at what had been done, and tried to dress his wounds, and bring him

But there were no signs of returning life, and they took him on deck, and threw him into the sea. They were then afraid to return to England with the vessel ; and after many and long consultations, they concluded to come to the United States, dispose of such articles as they had on board, sell the vessel the first opportunity they should meet with, and separate and go to their respective countries.

Upon this examination and confession, the court committed them to jail in Falmouth, to await their trial for the piratical murder of Connor, on the bigh seas. At this period, the supreme judicial court of the several states, with the maritime or admiralty judge, were, by an ordinance of the old congress, authorized to try piracy and felony committed on the high seas. But before the next session of the Supreme Judicial Court in Falmouth, or Cumberland county, the new congress, under the Federal Constitution, had passed the Judiciary Act, establishing the United States' courts. By this act, piracies and felonies on the high seas were committed to the jurisdiction of the Circuit Court of the United States. Although the officers of this court were inducted into office in December, 1789, the court held no session at Falmouth, for trials, till June, 1790. At this term of the court, the case of Bird and his companions was taken up. Jackson was permitted to become state's evidence, and was used as a witness. The grand jury, of whom Deacon Titcomb was foreman, found a bill against Bird, as principal, for the murder of Connor on the high seas, and against Hanson, for being present, and aiding and abetting him therein.

The prisoners were arraigned at the bar of the court, and pleading not guilty, the court assigned them counsel, and prepared for the trial, which commenced on Friday morning. So strong was the public excitement on the occasion, and so great was the crowd assembled at the trial, that the court adjourned to the meeting-house of the First Parish, the desk of which was at that time occupied by the Rev. Thomas Smith, the first minister settled in Falmouth. Deacon Chase, of Pepperell, now Saco, was foreman of the jury. The cause was heard and argued on both sides, in due form. The jury retired, and in the evening of the same day, came in with their verdict. Bird was placed at the bar, and the names of the jury were called over. The clerk then put the question :

What say you, Mr. Foreman! Is Bird, the prisoner at the bar, guilty, or not guilty ?'

"Guilty!' replied the foreman, in a low and solemn tone.

Bird dropped his head, and sellied back upon the seat. Although he had no reason to anticipate a different verdict, yet he did not seem to realize its awful import, until the sound fell upon

his startled ear. His brain reeled for a moment, and darkness was gathering before his eyes; but tears came to his relief; he hid his face in a handkerchief, and wept like a child.

When the same question was put to the jury in reference to Hanson, the reply was, “ Not Guilty.

On Saturday morning, the court met again, and the prisoner was brought in to receive his sentence. Mr. Syms, one of the prisoner's counsel, made a motion in arrest of judgment, because the latitude and longitude of the sea, where the crime was committed, was not named in the indictment. The court overruled this motion, and proceeded to pronounce sentence of death.

As this was the first capital conviction in a court of this republic, after the Federal Constitution was adopted, the counsel of Bird concluded, on that account, to petition the President of the United States for his pardon, and thus make another and last effort to save his