WE sometimes meet, in the ordinary walks of life, with those who' either from envy or malice, secretly endeavor to injure others, on whom they bestow personally all the attention and kindness that friendship could expect or receive. Such characters are contemptible enough; yet such there are- and compared to them, the highway-robber is generous and noble. But I did not intend to speak of these craven creatures, when I made the foregoing quotation. I was thinking of one who proved at last a murderer, without any previous phrenological signs-who was of fair proportions, and possessed neither a bad countenance, nor a surly disposition.

In the year 18-, the good United States' Frigate B― left Payta, the port of Puira, for Callao. For several days, we were employed beating up along the land, against a head wind and current. From the snow-capt Andes the fresh breeze swept down across the valley and over the sea, cold and bitter. We made but little progress on our voyage, and the commodore concluded to adopt the usual method of vessels bound to windward, along the Western coast of South America; that is, to stand to the Southward and Westward, until you reach the variables, or make the latitude of your destined port. We had reached the variables we had run our latitude: the wind being favorable, we tacked ship, and were standing in for land and Old Callao' - elated with the idea of visiting even that miserable place once more not that we anticipated any enjoyment ashore, but letters from our far distant homes must certainly have arrived during our late absence on a cruise to leeward.

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The sun had passed meridian, and the fine breeze of the morning was fast dying away. Hour after hour of the afternoon seemed to hang heavy on us for the smile of hope which brightened the countenance of each while the breeze lasted, was gone. At last the sun went down, in clouded but glorious majesty, and was lost in the embrace of ocean. The breeze left us with the sun-our ship was rolling uneasily in a sea-way-her sails hanging idly from the yards, and flapping mournfully against her masts. She seemed a croaking bird of ill omen on the wide waste of waters. Darkness prevailed-cloud after cloud was gathering above no breeze came to gladden us no moon to cheer: all was thick and quiet gloom. It was midnight the watch had been relieved and mustered-junior officers were pacing the deck - men sitting in groups at their stations - the lieutenant of the deck on the arm-chest feeling for a breeze- and the old quarter-master at the conn occasionally hinting, as he turned his quid-looking around, and glancing at the binnacle that a breeze from the South'ard and West'ard would spring up before morning. Jacko (the monkey) had found a safe retreat, and the poultry were undisturbed. All save the tigress seemed inclined to repose. She (the varmint!) was taking her usual excursion among the after-guard. Now and then you might hear the exclamation, Here comes the bloody tiger-cat!' Thus

we lay, languidly rolling on the lazy swells, in a calma dead calm. Better that the winds were piping loud, than one of those dull, heavy

calms.

Is there then no hope of a breeze? I would rather be reefing topsails every half hour,' said an old reefer, 'than lying on a breathless ocean in this way.'

4

Hark!' he was answered.

below?'

་

'Heard you not a noise?

- a noise No,' was the quick reply that 's nothing. - that 's nothing. Some poor fellow has been let down by the head by a mischievous shipmate; or perhaps a shot has got adrift, or one of the gallapagos slipped from his pen.' Hark again! Did no one hear a groan? Young gentlemen, one of you step below,' (said the officer of the deck,) and let me know what is the matter.'

'Ay, ay, Sir.'

'Birth-deck there! Master-at-arms, what noise is that upon the birth-deck? Get a light — quick! - bring it forward. Secure that shot, there, rolling about on the deck. It will trip some of you up. Ha! What bloody business is this? Is he dead!'

THERE lay old G, senseless on the deck the combings of the fore-hatch his skull fractured.

- his head upon

Call the surgeon!' was the word: quick-quick!' Report was immediately made to the officer of the deck, then to the first lieutenant, who proceeded to examine some of the crew, against whom momentary suspicions were awakened. But one, whose watch it was below, was not to be found in his hammock, nor on the main or birth-deck: search was made for him on the spar-deck, where he was at length found, apparently asleep, in the lee-gangway, between two carronades. (A breeze sprang up in the mean time, as we were now on the starboard tack.) He was rigidly questioned, but as there was not sufficient evidence against him, he was liberated; and two other suspected fellows were confined. Thus rested the affair for the night, and the vessel pursued her course.

By to-morrow's sun the breeze will freshen,' said the old quartermaster and so it did. After breakfast, another inquiry was held all hands were called, and from the evidence collected, suspicion fell strongly upon the individual found in the lee-gangway, while the two previously put in the brig were set at liberty. The prisoner was put in irons, and committed to solitary confinement. G died, and was

buried. His bed was his coffin, and his grave the gardens of coral, where the sea star lights up his tomb.' In a day or two, far above the low and sleeping clouds, we saw the glistening heights of the Cordilleras - then the barren isle of San Lorenzo- until rounding the point, and standing toward the Castle, we reached our anchorage.

After the arrival of other vessels of the squadron, a court-martial was called and held for the trial of the prisoner. Counsel was given him, and the evidence brought forward. After a fair and patient hearing, the court, which had been sitting for several days, adjourned. The jack was no longer seen at the fore, nor the signal-gun for the

meeting of the court heard. At nine in the morning, the verdict was sent in to the commodore, and early on the following day, all hands being called, the prisoner was brought upon deck, and placed at the fife-rail of the mainmast, facing the crew. The sentence was read to him by the judge advocate. He stood firm not a muscle moved, till he heard the words 'hung at the fore yard-arm of the United States' Frigate B- till you are dead dead! - then you could see a slight twitch or two in the muscles of his neck, but no sign of fear. With a firm step, he returned to his place of confinement. Every comfort was allowed him, both of body and mind. One who was religiously inclined, read to him daily from the Bible, and exhorted him to prepare for his exit to become humble and penitent for his sins. May God be merciful!' he replied: my heart is hard; I have tried, but cannot change it. My doom is just. I did the deed.' He stated that he had let fall from the main-deck, at the fore-hatch, a thirty-two pound shot upon the head of the deceased, (but not with intention to kill him,) under the suspicion that he had reported him for improper conduct.

Day after day and week after week passed away; and at length the morning of the day appointed for his execution arrived. No preparations were made for getting under way, and nothing was known of the commodore's intentions. He was a man just and firm in his decisions, intelligent and discreet in all his actions. Will he pardon him?' says one: Can't we run over to some uninhabited island, and hang him there?' says another; the ship will never be lucky again, if he is hung on board; some misfortune will happen to us; the men will not lay out on the fore-yard at night to reef or furl the fore-sail.' Many were the conjectures thus made by the crew, during the morning.

Well, Mr. A' (observed the commodore, in his usual mild tone, as he came upon deck, about eleven o'clock, A. M.,) 'the breeze has fairly set in, and this is the day for the execution of LGet the ship under way, Sir, and stand out of the harbor.'

'Ay, ay, Sir. All hands up anchor!'

The vessel was got under way in a few minutes, and so silently, that scarcely a voice was heard, except the first lieutenant's. All was still and quiet as a funeral. Save the dashing of the waves against our bows, not a sound was heard. When outside of the harbor, the foretop-sail was laid to the mast, and all hands were called to witness the execution. A line was rove through a tail block on the starboard foreyard-arm, thence into the quarter of the yard through another, down on deck through a leading block, aft to the taffrail, through a snatchblock, and forward on the larboard side. In order to prevent any

quarrels hereafter, every man as well as boy on board (except the officers) was ordered to take hold of it. A stage was rigged on the hammock-rails, under the fore-yard, and the prisoner ordered on deck. Up he came, accompanied by the master-at-arms and one of the captains of the forecastle. A hangman's noose was around his neck, and he was very pale; but his step was firm and steady — his eye unflinching. No remorse, no sorrow, no regrets, had he. Calm and collected, he mounted the scaffold. His hands were tied behind him, and two thirty-two pound shot were secured to his feet. The ship rolled heavily on the heaving sea, but it moved him not. A black handkerchief was tied round his face; and at the discharge of one of our gangway

The

guns, he was swayed aloft, till the boatswain piped 'Belay!' smoke curled upward-his spirit departed-and when the last trump shall sound, and the sea shall give up her dead, then will Henry L appear at the judgment-seat to answer for his crimes. It was intended to cut him from the fore-yard, and let him fall into the sea; but the knot not slipping readily, it was thought prudent to let him hang awhile. Dinner being ready, we piped down, leaving him dangling in the breeze. When the hands were turned to, he was lowered down laid upon a plank at the gangway -examined by the surgeon, and canted into the sea. Then we filled away, and stood in

for our anchorage.

G.

LEGEND OF MARTLER'S CREEK.*

I.

AS THE Hudson rolls onward its waves to the deep,
Ere it laves the broad bases of cloud-crested mountains,

It receives in its course, from a green mossy steep,

A streamlet of beauty, which in its glad leap

Tells not of the passions once nursed at its fountains.

II.

There the Indian has dwelt, there has hunted the deer;
On its fair, smiling banks his wild deeds have been done:
The stranger, alas! ventured sometimes too near-
And tales, which would make the heart tremble to hear,
Might be told of the spot where its pure waters run.

III.

The white-man's encroachments the natives repelled,
But one little household their good will had gained;
Its skill in the arts of some value was held :
And one noble brave had his wild nature quelled
To love even faces with color unstained.

IV.

Naöman one day came to Stacy's abode,

As in friendship unbroken he oftimes had done;
He lighted his pipe - it dispelled not the load
Of care from his features, which seemed to forebode
Some evil o'ercasting his own bosom's sun.

V.

The matron, concerned, begged the Indian to tell

What the cloud so unwonted of ill should portend;
He sighed shook his head - bade the mother farewell -
Took each child on his knee, for he loved them full well,
And then for his own left the home of his friend.

VI.

Again came Naöman-clouds still o'er his brow;
The mother entreated, by all she held dear:
'A red-man am I, and a pale-face art thou!
Should we to our foes our deep secret avow?
And a woman might not keep it sacred, I fear !'

* Martler's or Murderer's Creek - a stream emptying into the Hudson, just above the Highlands.

VII.

'Nay, doubt not, Naöman! trust all to thy friend :'
'Wilt thou swear by the God of thy worship on high,
Though the tomahawk o'er thee should threat'ningly bend,
That by none, save thy husband, the words shall be kenned
That I for your safety shall speak, though I die?'

The promise was given

The Indians their vengeance had deeply matured:
Their plan which in silence so dire lay concealed,

And for which their stern nature each feeling had steeled,
Would in one dreadful carnage the whites have immured!

IX.

But Naöman had longed this dear household to save:
He had eaten their salt, and their children caressed;
He warned them to fly from the opening grave —
They hied to their boat, and were soon on the wave,
The fond mother clasping her babes to her breast.

X.

The father pressed onward - the Indians pursued

(In their light dark canoes they sped on like the fawn,)
Overtook, made them captive, and led to the wood,
Where the chieftains in council awaiting them stood-
Their dwelling the while blazing bright on the lawn.

XI.

'What treason is this?' asked the first of the band;

'Speak, pale-face! - who warned you that danger was near?'
No answer: the savage then flourished his brand

O'er those whom the mother would shield with her hand,
Who clung to her closely, all trembling with fear.

'Hold! hold!' cried Naöman- 'the traitor am I !
The woman her faith has kept true to the last;
I am withered, and leafless, and ready to die:
From danger impending I warned them to fly-
By their fire I had warmed me there broken my fast.'

XV.

He left the high place where in honor he sate,

And shrouded his face, as if robed for the grave;
Then resigned and in silence he met his stern fate:
A loud burst of triumph arose o'er the great,
The generous Naöman - Naöman the brave!

Millvale, February, 1836.

C.