Part 21

Roger Moore, a private soldier at Goree in 1782, supplied the evidence as to the actual chastisement:—

With what sort of instrument was the punishment inflicted?—_Moore_: It was a rope.

Did you see the rope?—At a distance.

Could you form any judgment of the size of the rope?—It looked at a distance near upon an inch.

In diameter?—Yes.

Were there any knots in it?—Not that I know or ever heard.

What number of lashes were given?—Armstrong received eight hundred.

How do you know?—I counted them myself.

Lieutenant Poplett, of the African corps, an eyewitness of the flogging, though himself under arrest at the time, was in his evidence asked:—

After the circle had been formed, what did you see done to Armstrong?—_Poplett_: I saw Armstrong stripped, fastened to a gun-carriage, and flogged on his bare back by several black men, frequently changed, I believe, at every twenty-five lashes.

Can you tell how many lashes were inflicted?—I think eight hundred.

After these lashes were inflicted, what became of Armstrong?—I saw him supported towards the hospital.

Did you observe the rope that he was flogged with?—I did at a distance.

What might the distance be?—About forty yards, on an elevation of eleven feet.

Could you distinctly see what passed?—I could.

What sort of a rope was it that was used?—I can produce one.

_Mr. Gurney_: Is it the same rope that was used?—I had it on the evening of the 11th from one of the men who used it in the punishment of the 10th.

_Mr. Gurney_: That will not do.

_Mr. Wood_: Was it such a rope as that you have got there?—I believe it was.

_Mr. Wood_: Be so good as to produce that which you have. (_The witness produces a rope._)

_Mr. Wood_: Did you observe whether the rope that was used was knotted at the end in the same manner as that is?—I could not at that distance say positively that it was, but I believe it was.

Is it usual to inflict punishment with a rope like that?—I never saw such a thing done in the army before.

What is the usual instrument of punishment upon those occasions?—A cat-o’-nine-tails composed of small cord; if severe, generally of small log-line; but, if moderate, generally whipcord.

Do you happen to know whether Armstrong had ever been tried or convicted of any offence before this punishment was inflicted?—Not about that time, to my knowledge.

Mr. Peter Ferrick, the surgeon, corroborated the proof as to the punishment, and he was then asked:—

Did you attend this man to the hospital after the punishment had been gone through?—_Ferrick_: Yes.

How long did he live?—It was done on the 10th, and I think he lived till the 15th.

Did you attend him from day to day after the punishment till his death?—Yes, twice a day.

What do you think was the cause of his death?—I have supposed, from that time to this, that the punishment was the cause of his death.

_Lord Chief Baron Macdonald_: By “supposed,” do you mean that it is your opinion?—Yes.

_Mr. Fielding_: You said you did not arrive within the circle till the man was undergoing this punishment; therefore I will simply ask you, if, during the course of that day, or at that time, you saw any appearance of disorderly behaviour, tumultuous or mutinous?—Not the smallest.

Did you know of any?—Not any; I never heard of any till I heard it at the Privy Council the other day.

Were you near Armstrong shortly before the time of his death?—I visited him on the day on which he died.

If there are bruises occasioned by this instrument, is mortification more likely to ensue from that punishment being inflicted with this rope than with a common cat of nine tails?—Certainly; but that is reasoning from experience; I did not know that before.

Then, as a surgeon, looking upon this instrument as likely by its bruises to produce more mischief than a cat of nine tails, I ask what your opinion must necessarily be of a punishment to the extent of eight hundred lashes being inflicted upon a human body, whether the effect is not likely to be attended with death?—It is.

_Mr. Justice Rooke_: What was this man’s state of health before he received this punishment?—I believe he was in so good a state of health that he was never in my hands at all.

William Rosser, assistant-surgeon, gave the following evidence:—

Was Armstrong brought into the hospital after receiving punishment?—_Rosser_: He was.

You attended him till his death?—Yes.

Did you ever learn from him before his death that he expected he should die?—Yes; he said that, the minute he came into the hospital, to the men that brought him in.

What did he say?—He said he had been punished, and that he should die, by order of Governor Wall, by black men, without a court-martial; that was what he said when he was brought in first.

Cross-examined by Mr. Gurney:—

He did not drink any spirits in the hospital with your knowledge, I suppose?—No, except the garrison allowance that was brought in.

How much was the garrison allowance?—Half a pint of brandy, or a pint of wine.

He had his garrison allowance while he was in the hospital?—Yes, either half a pint of brandy or a pint of wine each day.

That he had every day?—Yes.

That he drank it?—That I cannot answer for.

He had it?—Yes, and he might drink it.

Did you ever see him leave any?—Indeed, I cannot tell, for I did not examine his bottle.

For anything you know, he did drink it; he had it if he chose?—He had it if he chose.

Had you any reason to see, or to observe, that he hurt himself by drinking any quantity of spirits after he came into the hospital?—I had not.

_Mr. Justice Lawrence_: Did you at any time see him drink any spirits?—I cannot recollect.

_Mr. Justice Rooke_: Had you any order not to let him drink spirits?—I had not any orders not to let him drink his garrison allowance, for that came into the hospital, and he might do as he thought fit with it.

The prisoner thus spoke in his defence:—

“I shall endeavour to state to your lordships and the gentlemen of the jury in as brief a manner as possible the real facts of the case.

“Finding my health in a very precarious state, I determined, in July 1782, to give up the government of Goree, and return to England. On the 10th of July, I rather think the 11th, but I will confine myself to the 10th, I prepared to embark on board a ship for England to return to Europe; in the morning of the 10th, I had a certificate from the officers of the garrison that the arrears were cleared off, and was perfectly satisfied that the account was settled. On the 10th, about eleven o’clock in the morning, all the men of the corps that were off duty came to the government house; I went out to them; they made a demand of short allowance of provisions that was due to them from Captain Adams; I explained that business to them so fully that I had not a right to pay it, that the men, in a very short time, dispersed and returned to the barracks. About two o’clock in the day they returned again very much intoxicated with liquor, and insisted on having the demand complied with. I expostulated with them for a length of time to no effect, and ordered Sergeant Armstrong to march the men back again to the barracks; he was then in the front, standing with his hat on; he refused, and said “he would be damned if he would until it was settled or the demand complied with.” I ordered the whole of them to face to the left and march off to the barracks; the answer to that was, “they would be damned if they would not immediately break open the stores and satisfy themselves.” Finding them seriously bent upon proceeding to extremities, and having no resource, if they had done so, nearer to me than England, I begged an hour or two to consider of it, and that I would give them an answer. They hesitated for some time, but at length they acquiesced, upon condition that I was not to leave the island till the business was settled. Armstrong then marched the men off without taking any further notice, shouting and making a very great noise, and saying that they had gained the victory.

“When I returned into the government house I sent for the officers of the corps; and in the interval, till the officers arrived, I walked out and was proceeding to the main-guard, to know the state of the garrison, to know if the main-guard were in support of those that were off duty. On my way I met Armstrong, Upton, Patterson, and several more, who told me that I had promised not to quit the island till they were satisfied, and that I should not go to the waterside until then. When I returned to the government house I found the officers there, who all agreed that immediate punishment was necessary to put a stop to the mutiny. I ordered Lieut. O’Shanley to go to the drum-major to desire him to have cats ready when called for. Lieutenant O’Shanley returned and reported to me that the drum-major had told him that the cats had been destroyed, and that I had best get away as soon as I could, for that the men would not suffer any punishment to be inflicted upon any one of them, inasmuch as they were all agreed.

“Captain Lacy then proposed punishing them by the linguist and his assistants, which was acquiesced in by the other officers; from the time of the soldiers departing it took up some time, till about four o’clock, when I told Captain Lacy that I would go down to the main-guard and have the mutineers brought upon the parade, and for him to come down with the linguist and his assistants as soon as he found the ring formed, that the people at the barracks might not be alarmed at knowing they were going to receive punishment. Immediately upon the parade being formed, the officers arrived, and the circle was formed; Captain Lacy, Lieutenant Fall, Lieutenant O’Shanley, and Mr. Ferrick, the surgeon, were on the parade in a very short time after. When I came upon the parade I asked the men if they had any claim to make upon me. A man, whose name I do not recollect, came forward and said he had, of the short allowance money that was due to him from Governor Adams. I then called upon Armstrong, he having no claim whatever, to account for his mutiny; when Armstrong was standing forward, Ensign Ford came running to me from the main-guard to inform me that the man that was confined was breaking from his arrest and was coming to the parade. I asked the ensign if he could not confine him; he told me he could not; that his guard would not obey him. Seeing there was no time to be lost to put a stop to it, I went off myself to the main-guard, and left Captain Lacy in charge of the parade. Upon the soldier seeing me coming he retired behind the guard that was turned out, in a manner as if he expected to be supported by the guard; but upon seeing me coming up to him, he was retiring, and I forced him into the guard-house. I was following him into the guard-house to see him well secured, when the sentry at the door clapped his bayonet to my breast and desired me to keep off, saying that I should not enter. I struck the bayonet out of his hand and put him prisoner with the other, and after having reprimanded the guard for disobedience of Ensign Ford’s orders, I returned to the parade. I ordered the artillery to be on the parade this evening, as I was afraid of the African corps; it was a circumstance which never happened in the garrison—the artillery being upon the parade at a punishment of the African corps—before.

“Upon my coming upon the parade I ordered Capt. Lacy, Lieut. Fall, and Lieut. O’Shanley to form a court-martial. Mr. Ferrick was at this time upon the parade. Armstrong was brought forward and charged by me with the mutiny; but as I did not choose to take away their lives I chose to try them by a regimental court-martial; and indeed I had it not in my power to form any other. Whilst Captain Lacy and Lieutenant O’Shanley were trying Armstrong, I was outside the circle; Captain Lacy came to me and reported that the court had sentenced Armstrong to receive eight hundred lashes. I returned into the circle and told the prisoner the sentence of the court-martial, which was, that he was to receive eight hundred lashes, to be inflicted by the linguist and his assistants with a small rope’s end, which is a small cord that was produced upon the parade by the linguist and shown to the surgeon before Armstrong had felt it. The surgeon approved of the cord, by saying it was not so bad as a cat-of-nine-tails. The punishment was then inflicted upon Armstrong; there was no other mode of punishment in the garrison; the African corps never had a halberd delivered to them; tying the person to the timbers of a six-pounder was the usual mode. Armstrong received his punishment and walked away with little appearance of concern, and with very little appearance of punishment. I beg to know, my lord, if I am to go further with respect to the other people?”

_Lord Chief Baron Macdonald_: “No, we have only this single case before us at present.”

_Prisoner_: “Armstrong, on the evening he was taken to the hospital, drank spirituous liquors, so as to be intoxicated. The day after this punishment, the sickly season advancing fast, I thought it was necessary for the preservation of my life to get away, the climate being very bad, and I having been for a length of time before very ill. I arrived in England some time in August in the same year. Upon my arrival at the Secretary of State’s office, I found there had been a number of charges exhibited against me by Captain Crawford, then a lieutenant of the African corps, and Mr. ——. These charges upon trial about ten months after appeared to be totally groundless, and Captain Crawford was reprimanded highly by his Majesty for presuming to bring such charges against me; many of the other charges were found groundless, and very much exaggerated. As soon as the inquiry into these charges was over, I went down to Bath, and heard nothing farther, either of the punishment of the men, nor anything concerning them, until two messengers came down to me at Bath. The man who was the chief messenger told me he came down on a message to me from Lord Sidney. I asked him, in the presence of two people, if he had a warrant; he said he had not, yet I suspected that he had a warrant. I told him, ‘I will comply with my Lord Sidney’s command immediately.’ I sent to the Bear Inn for a post coach and four horses, and I and the two messengers got into it quickly. We travelled three miles out of town, and I stopped the coach, as I had occasion for a person that was then in Bath to be in town, and I sent for this person; we then proceeded on our way to London. I paid the expenses of the carriage: I paid the dinner bill at Marlborough, and when we came to Reading I ordered supper in the usual way. I did not think it was absolutely necessary for me to tell the messengers I was going away. I left Reading about eleven o’clock at night, nor did I absolutely know what the charges were. I did not know whether they called it an arrest or not when the business took place; and from the persecution I had met with before, I thought it was dangerous to appear at that time; for all the newspapers were full of false paragraphs, some of them asserting that I had fired men from the mouths of cannon; others, that I had additional means of punishment added to the ropes with which the men were punished. It terrified me so that I could not face it till I thought men’s minds were cool to listen to the truth without prejudice. This is all that I have to say. I am here now to answer for it, and I commit myself to the protection of your lordships and of the gentlemen of the jury.”

Several witnesses were called for the defence, the principal of whom was Mrs. Lacy, widow of the Captain Lacy, who was with Wall at the flogging of Armstrong; and certainly, if her evidence was to be taken, the conduct of the men, with Armstrong at their head, was riotous and mutinous. Part of her examination was as follows:—

_Lord Chief Baron Macdonald_: Who headed these men the first time?—I do not know; but the second time I perfectly recollect it was Armstrong.

_Mr. Knowlys_: But whoever they were, they addressed themselves to the governor, and he answered them?—Yes; they addressed themselves to the governor and demanded the short allowance due from Governor Adams.

Do you recollect what he said to them?—I think it was to return to their barracks and give him time to consider of it.

Then he did this in person, not by any messenger?—No, in person.

Did they go away to their barracks at the desire of their governor?—They did.

After they had gone this first time, did you see them come again?—I did; in about an hour and a half’s time they came again.

In what way did they come then, and to what number?—They came headed by Sergeant Armstrong, Upton, and Patterson; and these were the chief of the African corps, to about seventy or eighty in number.

In what way did they come?—They came in a most riotous and mutinous manner.

Were they apparently sober?—From their manner one would not suppose that they were.

Did you see them before they reached the government house?—I saw them at the time they came there.

State everything you saw pass.—I heard them swear that if the governor did not satisfy their demands they would open the stores and satisfy themselves.

Where was the governor at the time they uttered this expression?—He was speaking to them.

How came he to speak to them?—I heard what passed from the soldiers.

At the time they came up, was the governor outside the government house or did he go out to them?—He went out to them.

Did you hear the governor say anything to any particular person in the company? you said Armstrong was one amongst them?—Yes.

Do you recollect Armstrong saying anything to the governor, or he to him?—I heard Armstrong swear that if the governor did not satisfy his demands he would open the stores.

What else passed between Armstrong and the governor?—After the governor spoke to him he went off with the men shouting and making a great noise in every state of mutiny.

Were any orders given by the governor to Armstrong?—I do not know.

Did the governor consent to their staying there in that way?—Certainly not.

What did he say to them about their staying there?—I cannot repeat what the governor said; I heard them behave in a mutinous manner.

Did the governor say anything to them about their staying there or departing from that place?—He ordered them to depart.

When the governor ordered them to depart, what was the answer made by Armstrong or any of the company?—They behaved in a riotous manner.

What answer did they make to him?—They would not for some time; they declared they would break open the stores and supply themselves.

That was the answer they made to the governor’s orders to depart, was it?—It was.

Did Armstrong or any of the company with him say anything about his leaving the island at that time?—They were, I believe, very mutinous for some time before.

Did they say anything about his departing or not from the island?—I do not know. They said they would not let him leave the island till they were satisfied.

Who was the spokesman upon this occasion?—Armstrong, Upton, and Patterson were the three spokesmen.

Did they express their determination in a peaceable and quiet manner, or the contrary?—They spoke it in a most threatening manner.

Was it in an alarming manner?—Indeed it was.

From the conduct and manner which the people observed towards the governor at the time, did you yourself at that time apprehend mischief?—Upon my word, I did.

Upon your oath?—Upon my oath, I did.

It should here be observed on this testimony of Mrs. Lacy, that, if not otherwise exaggerating, she certainly overstated one fact—viz., as to the number of men assembled being seventy or eighty—as none of the witnesses, except Mrs. Faulkner, who came on the same side after her, made them out even up to a third of eighty. Mrs. Lacy was also, in all probability, wrong in positively asserting, against the convincing evidence for the Crown, that the first witness, Lewis, was not the orderly-sergeant, and was not present on the day in question. She was shown to be still more at fault when she stated that her deceased husband was incapacitated in consequence of a _coup de soleil_ from coming forward to exculpate Governor Wall when first apprehended. Mrs. Faulkner, the next witness, even went beyond Mrs. Lacy in describing the violence of the supposed mutiny, and she was much shaken on cross-examination. Her husband, Faulkner, one of the garrison, though testifying to some mutinous behaviour on the part of the men, quite broke down in endeavouring to show that there was a real court-martial. He was asked:—

During the time the officers were inside the ring, what took place?—Armstrong was called forward and asked what he had to say for his own defence; he said nothing; he did not reply at all.

_Mr. Justice Rooke_: Did they tell him what he was charged with?—By being mutinous.

_Mr. Alley_: What was said to Armstrong?—Captain Lacy said, “What have you to say for yourself, Armstrong, being in this mutinous affair?”

Did he make any answer?—He made no reply.

_Mr. Justice Rooke_: Did they tell him what mutinous affair it was?—Stopping the governor from going on board; and threatening to bring his stores on shore if he did not settle with them.

Did Captain Lacy or anybody else say all that to Armstrong?—Yes, Captain Lacy told him.

Now let us hear all Captain Lacy said?—Captain Lacy told him he was tried for stopping the governor from going on board and threatening to bring his stores on shore.

You heard Captain Lacy say this yourself, did you?—Yes, I did. He was then tried by Captain Lacy, Lieutenant Fall, and Lieutenant O’Shanley.

_Lord Chief Baron Macdonald_: Was there any more trial than telling him he had wished to prevent the governor from going, and that was a mutinous affair? Was there anything more?—There was no more trial.

Then the trial was acquainting him with that and asking him what he had to say for himself?—Yes.

_Mr. Alley_: Did he say anything for himself?—No, he did not.

Do you recollect whether anything further was said?—Nothing farther was said.

Did you see the surgeon there?—Yes, I did.