few words of thankfulness, took leave.

On the

scaffold he summoned all his resolution, and addressed a short speech to the crowd, many of whom were affected to tears. He was about thirty years of age-remarkably handsome and well made, and in his bearing soldier-like and unconstrained.

TRIAL AND EXECUTION IN ENGLAND OF AN ENGLISHMAN FOR KILLING ANOTHER IN A

DUEL ABROAD.

THE following is an instance of a very rare occurrence-the trial and condign punishment of an Englishman in this country, for an offence committed in a foreign territory. It is thus recorded:

In July, 1720, the grand jury at the Old Bailey found a bill of indictment against Edward Ely, for the murder of Lieutenant Bignell, in the kingdom of Sweden; and a special commission was issued for his trial; but upon an affidavit, that several material witnesses in the case were on board the fleet in the Baltic, under the command of Sir John Norris, the commission and trial were adjourned till the next sessions, and afterwards to the sessions in the December following. At those

sessions, Edward Ely was arraigned before a special commission, pursuant to the statute of 33 Hen. VIII., chap. 23, and charged with the murder of Charles Bignell, in a certain island near the Dablers, in the kingdom of Sweden, on the 27th September, 1719, by giving him, with a drawn sword, one mortal wound in the upper part of his breast, of the length of half an inch, and the depth of twelve inches, of which he instantly died.

The melancholy facts of the case sufficiently appear from the evidence of the following wit

nesses:

Clement Courland.-I am master of his Majesty's ship the Worcester. About eight o'clock on Friday night, Sept. 25th, last year, I went into my cabin, and was followed by the deceased, Mr. Bignell, who was the first-lieutenant of the ship, by Mr. Cannon, the surgeon, and the prisoner, who was surgeon's first-mate. The prisoner then said to Mr. Bignell, "I have been on board the Defiance, and got the papers drawn out, and now I desire you to sign 'em." These papers were for a sale to the prisoner, of the deceased's share of a prize taken by the Defiance, on the coast of Scotland. Mr. Bignell asked him if another time would not do as well; to which the prisoner answered, "No, I will be no longer made a pro

perty of." The other replied, "I don't refuse to sign them, but I won't be huffed into it; and since you are so peremptory, I desire you to take your things out of my cabin; I have permitted you to lie there for some time, but now you shall find another lodging." Next morning I heard several abusive words pass between them upon the quarter-deck, till at last Mr. Bignell ordered the prisoner to go off, which he did; but in a quarter of an hour he came up again, pulled off his hat, and told the lieutenant, that he had leave from Captain Boyle (the commander of the Worcester) to walk the quarter-deck whenever he pleased; to which the other, with an oath, replied, "Just walk where you please." The prisoner told me the same morning, that he had got the captain's leave to go on shore when he would, to do himself justice. I advised him to let the quarrel die, or at least to defer it till they both came to England. He made light of what I said, and turning short, went out of the cabin. In the evening he came upon deck, and told one of my mates that the captain had given him leave for a boat to carry him on shore next morning. Next morning being Sunday, the prisoner came into my cabin before I was up, and desired me to give him a dram, which when he had taken, he went out again; and as soon as I arose, I was told that he and

Lieutenant Bignell had gone ashore together. A quarter of an hour elapsed, and then the boat came aboard again. The corpse of Lieutenant Bignell was in the boat, with several wounds upon it, some of which had gone quite through the body. Before their quarrel, Mr. Ely and Mr. Bignell were intimate friends, and the former had many times lent both money and necessaries to the other. The prisoner always appeared to be a man of a civil behaviour, and not in the least inclinable to quarrel; but the lieutenant had quite a different character. He and I had messed together for some time, but I at last parted messes with him, on account of his abusive language.

William Cannon, surgeon of the ship, gave the following account:-Being in the master's cabin, I heard the prisoner ask Lieutenant Bignell to sign the papers. He answered, that he would not sign them, for there were times and seasons for all things. The other replied, that he would not be made a property of, and that the lieutenant should sign the papers and pay what he owed him before he went out of the ship. Mr. Bignell told him he would pay the money as soon as he had it, but would not sign the paper at all, for he was not to be huffed into it. Soon after, as Bignell and I were walking on the quarter-deck, I saw his servant and the prisoner taking the

VOL. I.