“This was an indictment containing four counts. First, for making a revolt; second, for piratically and feloniously running away with the vessel and goods to the value of $50; third, for laying violent hands on the captain to hinder his fighting in defence of his vessel; and fourth, yielding up the vessel to a pirate. The material facts in the case were as follows: The Tatler, Nathaniel Garland, master, sailed from Baltimore on the 14th of March last, with a cargo to the value of about $5000, besides about $1600 in specie, and a crew consisting of the mate, Smith, the prisoners, and a black boy. On the night of the 17th, at sea, the captain went below to his birth, leaving Babcock, the mate, and Smith, one of the crew, the watch on deck. Soon after he had turned in, he heard a noise on deck, which caused him immediately to ascend to the companion way, where he found Babcock leaning, who informed him he was dying, and immediately fell dead on the deck. None of the crew were upon deck. Upon examining the helm, he found it fast; the sails all up, and the vessel on her course. He returned to the body of Babcock, and whilst he was stooping towards the body, he received two stabs, and turning himself about, he observed Smith close to him, who inflicted a severe wound on his neck, with a large knife which he held in his hand. He asked Smith what he was about? who answered, ‘I am killing you.’ He then seized Smith, and confined his arms; a scuffle ensued, and both fell on the deck by the side of each other.”
4 Wash. C. C. 402