Page:The Green Bag (1889–1914), Volume 07.pdf/37

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The Green Bag.

the plots which had been devised to entrap thirst compelled submission. Having com her. pleted his capture, and being in full sight of In the early part of September, 1778, land, Olmsted was pursued and forcibly Gideon Olmsted, a sturdy Connecticut fish taken, against his indignant protest, by an erman, and three associates were captured armed brig named the " Convention," fitted by the British upon the open sea, in the out by the State of Pennsylvania, and com neighborhood of Cape Charles, and were manded by Captain Thomas Houston, who carried to Jamaica. They were put on insisted upon carrying the "Active" into board the sloop " Active" and forced, much Philadelphia, where he claimed her as his against their will, to prize. A claim was assist in the naviga also made by the cap tion of the vessel to tain of an American New York with a car privateer, " Le Ge go of arms and sup rard," cruising by plies for the British agreement in concert Army, then occupy with the " Conven ing that city. One tion " and in sight at night Olmsted boldly the time of the al resolved to seize the leged capture. It vessel, and unfolding was argued that Olm his plan to his friends, sted's victory had not they rose upon the been complete, and master and crew, that it was absurd to more than thrice suppose that four their number, con men could have sub fined them to the dued fourteen. To cabin below the this it was replied hatches, took posses that the facts were as sion of the sloop, and stated, and that the steered for Little Egg British captain had Harbor in New Jer surrendered. The sey. depositions of the witnesses, n o w on A two days' strug file at Washington, gle ensued in which certainly sustain this shots were ex WILLIAM HENRY DRAVrON. assertion. changed, and desper ate efforts were made by the men below to The case was tried before Judge George recapture the vessel, The British melted Ross and a jury, under the terms of an Act pewter spoons into bullets, forced up the of Assembly, which had been passed but hatches, and swept the deck with their fire. nine days before the trial, by which it was provided that while an appeal upon ques Olmsted was severely wounded, but succeed ed in turning a swivel gun heavily loaded tions of law could be carried to Congress, down the companionway, and thus secured yet, the " finding of the facts by the jury control. The British captain then cut a hole shall be without re-examination or appeal." through the stern and wedged the rudder so The jury found (most unwarrantably, it seems to us) that the Connecticut captors as to prevent Olmsted from steering, releas ing it only when the pangs of hunger and were entitled to but one-fourth of the prize,