the defendant with wrongfully and wilfully leaving behind him two persons belonging to his crew, the only answer he could give would be either to prove the certificate or shew the impossibility of obtaining it; and not having done either of those things, if the jury believed the evidence, he must be found guilty. Verdict-Guilty. Sentence, Shepherd and Adolphus, for the prosecution. Clarkson and Ballantine, for the defendant. [Attornies-Solicitor for the Admiralty, and Saunders.] 1844. REGINA v. DUNNETT. MARCH SESSION, 1844. BEFORE LORD ABINGER, C. B., AND MR. JUSTICE WILLIAMS. REGINA v. M'GREGOR and LAMBERT. THE first count of the indictment stated, that, on the 1st of October, 1843, on the high seas, within the jurisdiction of the Admiralty of England, and within the jurisdiction of the Central Criminal Court, William M'Gregor, late of the parish of St. George-in-the-East, in the county of Middlesex, mariner, and Charles Lambert, of the same parish, &c., mariner, were mariners, and each of them was a mariner in and on board of and belonging to a certain ship called the "Esther," of which said ship one Richard Lucas Williams was, on the day and year aforesaid, upon the high seas and within the jurisdiction aforesaid, the master and commander; and, further, that the said W. M'Gregor and the said C. Lambert, being such mariners as aforesaid, and each of them being such mariner as afore March 7th. If the crew, or of a ship combine together part of the crew, to resist the captain, espe cially if the object be to deprive him of his command, it will amount to "making a revolt," within the meaning of the stat. 11 & 12 Will. 3, c. 7, s. 9; and it would be no answer to shew that there were grievances, which, by their resistance, the men sought to redress. 1844. REGINA v. M'GREGOR. said, did, on the day and year aforesaid, with force and arms, upon the high seas aforesaid, within the jurisdiction of the Admiralty of England, and within the jurisdiction of the Central Criminal Court, piratically and feloniously make a revolt in the said ship, the said R. L. Williams then and there being in and on board thereof, against the form of the statute, &c. (a) The second count charged, that the prisoners did "piratically and feloniously endeavour to make a revolt in the said ship," &c. From the evidence it appeared that the prisoners were seamen on board the brig "Esther," trading to the South Seas upon a whaling voyage, and had signed the ship's articles. Great complaints were made by the sailors, in the course of the voyage, about the provisions, and also about the great heat of the forecastle, where the men had to sleep, which, on account of the fire for cooking, &c., being close to it, was insupportable in the warm latitudes. On the 30th of September, M'Gregor refused to go on duty. He remained off duty until the following day, when he was again desired to work, and again refused, using, at different times, violent and threatening language. The captain, in consequence, ordered the crew to put M'Gregor in irons, but, instead of obeying him, they walked away forward. The prisoner Lambert had that same morning refused to go to his duty, and he and a man named Griggs went towards the captain, who, with the assistance of his officers, was endeavouring to put M'Gregor in irons. Violent language was used by both, and threats uttered against the captain, to induce him to alter his determination, and (a) The stat. referred to is 11 & 12 Will. 3, c. 7, by the 9th sect. of which it is enacted, (inter alia), that, "if any person shall lay violent hands on his commander, whereby to hinder him from fighting in defence of his ship and goods committed to his trust, or shall confine his master, or make, or endeavour to make, a revolt in the ship, he shall be adjudged, deemed, and taken to be a pirate, felon, and robber," &c. Griggs rushed to a boat where long lances or spears used in the whale fishery were kept, with the evident intention of seizing one of them, and releasing M'Gregor by force. A gun was handed to the captain by the steward, and the captain shot Griggs as he was in the act of laying hold of the lance or spear, and killed him on the spot. The crew then returned to their duty. The vessel put in at Rio Janeiro, and the two prisoners, M'Gregor and Lambert, were sent from that place by another vessel to England to be tried. Lord ABINGER, C. B., (in summing up), said-The prisoners are charged with an act of piracy, either by exciting a revolt, or endeavouring to do so. The act of Parliament contains these words, "make or endeavour to make a revolt," and you will have to say, whether the prisoners are brought within the meaning of those words. The stat., which is the 11 & 12 Will. 3, c. 7, s. 9, enacts, that, if any person shall lay violent hands on his commander, &c., or make or endeavour to make a revolt in the ship, he shall be deemed a pirate and a robber. This particular offence was not piracy at common law. Piracy at common law involved a charge of robbery; but this act of Parliament, perhaps the better to preserve order and discipline on board a ship, makes it piracy to create a revolt, or to endeavour to excite a revolt. By revolt I understand something like rebellion or resistance to lawful authority. Persons who rebel against and resist the constituted authorities, if they are subjects, are said to be in a state of revolt; and if the crew of a ship combine together to resist the captain, especially if the object be to deprive him of his authority altogether, it will, in my opinion, amount to making a revolt. I think, upon the construction of this act of Parliament, that the resistance of one person to the authority of the captain would not be a revolt. Revolt means something more than the disobedience of one man. 1844. REGINA v. M'GREGOR. 1844. REGINA v. M'GREGOR. You will say, whether the conduct of the crew, or some part of it, amounted, at any time, to a revolt, or, if not, whether these men by their conduct endeavoured to stir up a revolt. I think it would be straining the evidence rather too far to say, that the conduct of these men amounted to a revolt; and the charge of making a revolt, if my construction of the act is correct, will fall to the ground, and the question will be upon the evidence, whe ther, by their conduct, they endeavoured to excite a revolt. The question of whether the ship was properly fitted up and found is not material, for it has been decided in a case in this Court, that, although there be real grievances to redress, yet it is not an answer to a charge of attempting to make a revolt (a). If Griggs and these two men were (a) Rexv. Hastings and Meharg, 1 M. C. C. R. 82. In that case the prisoners were charged, by the first count of the indictment, with betraying their trust and turning pirates, and with confederating, piratically and feloniously, to run away with the ship; by the second count, with piratically and feloniously attempting to corrupt other persons of the crew so to steal and run away with the ship; by the third count, with piratically and feloniously inciting a revolt in the ship, the master being on board; and by the fourth count, with endeavouring to make such revolt. It appeared clearly that there was a revolt in the ship, and that the prisoners participated, refusing to obey orders, and being guilty of many acts of insubordination and violence. The counsel for the prisoners endeavoured to shew that the prisoners and their adherents had in view a redress of supposed grievances, and not the intention of assuming the command for the purpose of carrying off the ship; and though there was some evidence that the prisoners had an ulterior object besides that of redressing ill-usage, of which it appeared they had complained, yet their acquittal on the first two counts led to the conclusion that the jury did not impute to them any other real intention than that of redressing their supposed grievances. The point submitted to the judges was, that, in order to satisfy the intent of the statute and the words of the indictment, "piratically and feloniously revolted," the object of the revolt must have been to take possession of, or run away with, the ship, or to enable the prisoners to commit some act of piracy, and not merely to resist the captain's authority, in order to force him to redress alleged grievances; but the judges present were unanimously of opinion that making, or endeavouring to make, a revolt, with a view to procure a re united in some common design to prevent the captain from putting M'Gregor in irons, which, on the evidence, he had sufficient justification in doing, and calling upon others of the crew to assist them in resisting the captain's authority; if you think such was their intention, then I own I think that it was an attempt to excite a revolt. The question is, whether or not you think an actual revolt was made; or, if you do not think that an actual revolt was made, then you will say whether an attempt to excite a revolt was or was not made. Verdict-M'Gregor guilty, sentenced to a Clarkson and Ballantine, for the prosecution. [Attornies for the prosecution-Weymouth & Green. ] dress of what the prisoners thought grievances, and without any intent to run away with the ship, or to commit any act of piracy, was an offence within the 11 & 12 Will. 3, c. 7, s. 9, and that the conviction 1844. REGINA v. M'GREGOR. VOL. I. F F N. P. |