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By AYCOCK
ВКОМЛ
“Four sailors were hanged, for
mutiny at Ocracokc Island, N. C. in
1793. when the first sentence of death
imposed by a federal court in the
United States was passed at Bern
(New Bern) N. C."
The foregoing was a newspaper filler
a friend had clipped from a Wilming¬
ton. Del., newspaper in 1941. He had
sent it to me for publication in the
short-lived Ocracoke Island Beacon I
was publishing at the time.
In the next edition of Beacon, re¬
ferring to the clipping, 1 wrote: "Per¬
haps some reader of this island news¬
paper could help me get facts about
this 'first death sentence’ resulting from
the mutiny off Ocracokc Island.”
My appeal for additional data met
the eyes of Romulus A. Nunn, widely
known jurist and historian of New
Bern, who sent facts about the inci¬
dent as follows:
Mutiny Off Ocracokc
First death sentence under authority
of the United States was given in 1793
by the Federal Court at New Bern.
It was the case of the United States
against Maunicr and five other mari¬
ners. charged with mutiny and murder
on the high seas off Ocracokc. They
were aboard a ship out of Charleston.
S. C.. bound for Bordeaux, France.
Shortly after passing Tybcc Bar, two
Frenchmen, two Englishmen, an Irish¬
man and an American, conspired to
murder the master and mate and take
the ship to some northern European
port. There they planned to dispose of
the vessel and its cargo, divide the
proceeds and escape.
From an account of one present at
the mutineers’ trial, presided over by
a Mr. Justice Patterson of the Supreme
Court of the United States, it appears
that:
On the third day from port, and
when the ship was off Ocracoke Inlet,
the villains carried into execution a
part of their horrid plan. The captain’s
watch upon deck consisted of one
Frenchman, the Irishman, the Ameri¬
can and the Manxman. When his watch
was out he retired to his cabin berth
leaving the Irishman and the Ameri¬
can lingering on deck.
As the mate called his watch an
Englishman was set at the helm, the
other standing near the cabin door.
A couple of iron bolts were lying on
the quarterdeck near at hand. The two
Frenchmen stationed themselves at the
bow where an axe lay against the
windlass.
One of the Frenchmen looking over
the bow exclaimed: “ Voye ' qu'el e
/range poisson’." (“Look! What a
strange fish!”)
This exclamation attracted the at¬
tention of the mate; he ran forward
and as he looked over the bow, one
of the Frenchmen caught up the axe
and struck him in the back. The blow,
not being instantly mortal, the mate
made a loud outcry and grappled the
ruffian; both Frenchmen seized and
threw him overboard. . . . The outcry
of the mate roused the captain. Spring¬
ing from his berth he rushed upon
deck. As he left the cabin the English¬
man stationed at the door struck him
upon the head with an iron bolt. Then,
both Englishmen seized the captain and
threw him into the ocean.
With the mate and captain killed,
the murderers broke open their chests,
plundered and divided the money.
They also began drinking the captain’s
wine and brandy.
As they sobered up it developed
that not one of them could navigate
the ship. They permitted the ship to
drive as the wind might carry her and
this attracted the attention of a
schooner out of Norfolk.
The murderers got their plunder into
a longboat, scuttled the ship and put
off to Ocracokc leaving the ship and
the rest of the crew and passengers to
sink, but the ship bore around and took
a heel on the other quarter and left the
scuttle above the water.
The captain and men from the pass¬
ing schooner boarded the scuttled ship
and after learning what had happened
went in pursuit of the murderers.
At Ocracokc they learned that the
longboat had passed about two hours
previously going towards Edcnton.
The captain left his schooner at
Shell Castle, near Ocracoke Inlet, un¬
der care of Captain John Wallace.
They procured a whale boat and sev¬
eral volunteers and went in pursuit of
the fugitives, whom they overhauled
and took prisoners near Croatan Sound
Narrows, after a chase of 40 hours.
The prisoners were taken to Edcn¬
ton and placed in custody of the Law.
The schooner’s skipper cancelled his
trip to the West Indies, and sailed
back to Norfolk. In the salvage of the
scuttled ship he was rightly and justly
rewarded.
In those early days of North Caro¬
lina, Federal Court was only held in
New Bern. The prisoners charged with
mutiny and taken there were confined
in a dungeon for a considerable time —
so long in fact, that complaints were
expressed in the newspapers of the
day.
Francois X. Martin was attorney for
the prisoners. In the course of the trial
the Court had to take one of the
Englishmen for a witness and the Irish¬
man had so cunningly conducted his
part of the conspiracy that he was ac¬
quitted. The two Frenchmen, one Eng¬
lishman and the American were found
guilty and hanged.
Justice’s Charge
The solemn charge and exhortation
of Justice Patterson to the prisoners
gave an impulse to the religious feel¬
ings of the people. A great religious
revival grew out of it. On the morning
of the execution people came in mul¬
titudes to sec the spectacle.
When they were brought to the gal-
( Continued on page 17)
15
THE STATE. August 19. 1961
