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PEDRO GIBERT AND OTHERS. 759

on the 20th or 26th of Angust, commanded by Captain Gi-
bert, and manned by a crew, part of whom were the pris
oners at the bar. All this was undeniable; it was proved by
the Custom House documents, and also by the testimony of
Perez and Guzman. Perez says that she sailed on the 20th
or 26th, and the ship’s papers and Moro Pass, etc, being
dated the 18th, all induce us to believe that the 20th August
was the day on which she commenced her voyage. Now the
track of the Mexican is before us, marked by the mate of that
vessel till the day of the robbery. The Panda sailed on the
20th or 26th, from Havana, her track lies directly over the
spot where the Mexican was met, and you have the testimony
of Mr. Peabody, the owner of the vessel, now a merchant, but
formerly a practical seaman, that the two vessels would be
likely to meet. The next testimony upon this point is that of
Mr. Briggs, who has been a captain for thirty-two years, and
who informs you that the Panda would probably come as far
north as 87 deg. and that she would he more likely to meet
the Mexican in 33, 3444 than at any other point on the
chart, We have, then, Capt. Rich, who says that the latitude
just mentioned is the spot where the vessels would meet. He
tells you that were he bound for the coast of Africa he should
‘come north as far as Cape Hatteraa. We then have Capt.
Budd, an officer in the U. S. navy, who has commanded two
sloops of war on the Havana station; he agrees with Capt.
Rich and the line indicating the course of the Panda, which he
traced with his finger on the chart, passed over the very place
where the robbery was committed.

Consider also the evidence given by Capts. Bethune, Feulk-
ner, Bacon, and Devens, to the same effect. Now we have
witnesses from the Mexican, and one from the Panda herself,
who swear that the prisoners are the persons who committed
the robbery. What sort of a vessel was the Pandat She was

* a clipper schooner, with raking masts, painted black, with a
white streak, and her armament consisted of two small guns
and one large pivot gun. And what does Capt. Butman tell
yout Why, that the piratical vessel was a clipper, painted

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