A Case of Piracy: Part 3-Sentence of Death

 A Case of Piracy

Historical Trial Series by Eric Fryar

Part 3: Sentence of Death

Two sailors are charged with piracy and murder in 1812 Boston. The most talked-about trial of its day. A surprise ending.

This is an excerpt from a forthcoming book by Eric Fryar.

"Guilty." 

The word hung in the air of the silent courtroom.

The Court thanked the jury, dismissed them, and then adjourned. The prisoners were taken back to their cell.

James Austin was crushed but determined not to give up. 

Motion for New Trial

On the morning of Thursday, October 30, 1812, Austin hurried to court and filed the following motion for a new trial with the Clerk:

United States of America, District of Massachusetts} 

Circuit Court of U.S. October Term, 1812}
The United States by Indictment vs. Samuel Tully and John Dalton 
And now after verdict and before judgment, the said Samuel and John, by their counsel assigned them by the Court, now move the Court here for a new trial of the issued joined on the said indictment for the following causes, viz. 

1. Because the honorable Court in committing the cause to the jury who tried the same misdirected them in a material point of law; in this, that they directed the jury if they believed from the evidence that in the case that the defendants feloniously run away with the vessel and merchandize mentioned in the indictment, it constituted the crime of piracy within the meaning of the statute on which the indictment is founded. 

2. Because the verdict of the jury was rendered against the weight of evidence, they have found the defendants guilty of piratically and feloniously running away with the vessel and merchandize mentioned in the indictment from the care, custody and possession of Uriah Phillips Levy, the master thereof, although no evidence was offered them to show that any force or violence were exercised on the said Levy, or that he or any other person were thereby put in fear, but the evidence on the part of the government proved the contrary. 

/s/ Peter O. Thacher and James T. Austin 

The judges read the motion and then summoned the lawyers back to court to hear arguments. James Austin addressed the Court. “Having had a very fair and full opportunity of addressing the Court through the Jury at the trial on the subject matter of the present motion, the Counsel for the prisoners do not propose to occupy the further time of your Honors with a recapitulation of the defense which the Court had entrusted to our care. We deem it proper to present these objections in the present shape, that they might command the deliberate reflection and judgment, which their immense importance to the prisoners entitled them to receive. They were the only planks in the shipwreck of their hopes, on which they had any prospect of floating to a shore of safety. It would be for your honors to decide, whether this too should fail them.” On the subject of a new trial, he remarked, that “although in capital cases it had not been very usual, yet the case of United Stats vs. Fries, in the Circuit Court of the United States, for the District of Pennsylvania, and the case of Commonwealth vs. Hardy, in the Supreme Judicial Court of this State, in both of which cases, after verdict of Guilty, new trials had been awarded, were, in point to shew the power and practice of the Court, where circumstances authorized the interference of their discretion.” 

Blake rose. “Your Honors, I will be extremely brief. The government opposes the motion. The instructions on the law that this Court gave to the jury were entirely correct. The plain language of the statute speaks for itself. What the prisoners did, and what they were convicted of doing, constitutes the crime of piracy under the law.” 

Justice Story said, “The Court will receive this motion and hold it under consideration until Monday, 9th November. Court will reconvene at nine o’clock in the morning on that day, and if the motion is not granted, sentence will then be pronounced.” 

Story was confident that he had correctly instructed the jury, but Austin's argument gave him pause--particularly when the lives of two men weighed in the balance. The crime charged was to "feloniously and piratically run away with a vessel." Clearly, the defendants had run away with the schooner. They had done so "feloniously" if they committed the action with criminal intent--not accidentally and without excuse but with the intent to steal the ship. That was a question for the jury, and the jury had decided against the defendants. However, what did it mean to "piratically" run away with the vessel? The plain language of the statute seemed to say that running away with a vessel was "piratical" because it was deemed "piracy." It was a hopeless tautology. The term "piratically" becomes meaningless. A fundamental tenant of statutory construction is that every word is presumed to have meaning. Nevertheless, the fundamental objective of statutory construction is to divine the intent of the legislature. It was a knotty problem. Justice Story wanted to talk it through with his much more experienced colleague Judge Davis. Story was also a scholar. We wanted to review the legal authorities himself. If the common law defined piracy as "robbery at sea," was an element of force necessary? If so, against whom was the force or threat of force directed? Just against the captain? How about the ship? Was the cutting of the anchor cables an act of force? And in any event, the the federal statute abrogate the common law?

Judgement of the Court

James Austin was in the Court early on Monday, November 9, 1812. He had very little hope but was not willing to give up. Thacher and Blake arrived. The Marshal brought in the prisoners. Tully was resigned. Dalton was shaking. At nine o’clock the two judges took the bench, each holding several pages in their hands. Both Story and Davis had indeed devoted considerable time and attention to the motion. both were prepared to deliver a formal opinion on the matter. As the senior judge, Justice Story read his opinion first:

"In order to ascertain the nature of the objections now urged to the court, it will be necessary to state summarily the evidence offered to the jury. On the 9th of January, 1812, the schooner George Washington, mentioned in the indictment, lay in an open roadstead near the Isle of May, moored with two anchors. There were on board $2,500 in Spanish dollars, and fourteen casks of Teneriffe wine. Samuel Tully was mate, and John Dalton was a mariner belonging to the schooner. It appeared from the testimony, that in the afternoon, the captain being on shore, the cables of both anchors were cut off on the windlass. That the mate and Dalton were on board at the time, and gave no explanation. That the vessel was got under weigh by order of the mate; and two of the seamen, having a suspicion of the nature of the intended transaction, refused to go out with the vessel, and were suffered to quit her in a boat. That immediately afterwards, the mate directed the schooner to sea, four persons only being on board, and the next day steered a course apparently for the West Indies. At the time of departure the weather was mild and moderate, and there was no evidence offered to show any pretence for the departure. About eighteen or twenty days after the departure, one of the seamen on board was, about midnight, killed and thrown overboard by the mate and Dalton. The next day land was discovered, which proved to be St. Lucia in the West Indies. The schooner was then scuttled by the mate and Dalton, by boring holes in her bottom with an auger, and was then deserted and left in a sinking condition. The mate and Dalton, and the cook, (who was a principal witness at the trial) took to the boat, the money, and some wine and bread having been previously put into it. They stood out to sea that night, and in the afternoon of the next day they arrived at St. Lucia. The mate and Dalton agreed that a fictitious story should be told, that the schooner struck on a wreck, and foundered at sea; and the cook was directed to tell the same story. The mate divided the money, giving Dalton a large bag of it, the cook a small bag, and keeping a third large bag for himself. The fictitious story was told on landing, and finally, in about a fortnight or three weeks, the cook, from distress of mind and contrition at the offence, voluntarily disclosed the whole transaction. The testimony of the cook was, in all the circumstances in which from the nature of the case it was capable of corroboration, fully corroborated by the testimony of the captain. I omit many interesting incidents and striking facts, because I wish to present only an outline of the case."

Justice Story then turned to the difficult legal question. He began by citing the very authorities that Austin had cited. Yes, Story agreed, "at the common law, the offence of piracy consisted in committing those acts of robbery and depredation upon the high seas, which, if committed on land, would have amounted to felony there." And on land, robbery could be committed "only by force and violence to the person or by putting in fear." Yet, even at common law, "it was not necessary by the common law, that the offence [of piracy] should be committed with all the facts necessary to constitute the technical crime of robbery. ... But any felonious taking or carrying away of a ship, and the property on board thereof, which, if done on land would have amounted to felony, if done at sea, although there were no violence used to the person of the owner or master, and no putting in fear, would, in point of law, be piracy." Moreover, the federal Crimes Act of 1790, under which the prisoners were charged did not follow the common law. The only facts necessary to constitute the crime were those prescribed in the statute, viz. that the vessel should be run away with by a captain or mariner of the vessel, and that it should be done piratically and feloniously. Yet, the statute does not in terms require, "that there should be any personal violence or putting in fear."   A "piratical" intent was the intent to steal the vessel and nothing more. The defense argument was that force must be used against the captain, but the statute specifically contemplated that it might be the captain who stole the vessel. What if the captain and the crew all conspired to steal a ship? What if a sailor stole a ship secretly when no one else was aboard. Surely these acts would be "piratical" within the meaning of the statute, and "yet in such a case there could be no pretence of personal violence or terror.". The "piratically and feloniously running away with a ship," within the statute, was "the running away with the ship, with the wrongful and fraudulent intent thereby to convert the same to the taker's own use, and to make the same his own property, against the will of the owner. The intent must be that wicked and depraved intent, that animus furandi, which the law deems felonious. It must be a fraudulent and unlawful conversion of the property for the sake of gain, with the intent to despoil the owner thereof, against his will. In this view of the subject, the terms ‘piratically and feloniously’ seemed used in the statute almost as equivalent to each other." 

Story stated that the court had directed the jury, that if they were satisfied from the evidence, that the prisoners at the bar did run away with the vessel, with the felonious intent thereby fraudulently and wrongfully to convert the same to their own use, it constituted the crime contemplated in the statute. "With this opinion the counsel for the prisoners were dissatisfied, and they have moved for a new trial, upon exceptions filed before us. I have rather stated at large our directions at the trial, because, although the exceptions may be virtually included in our opinion, yet the whole should be connected together, in order to form a deliberate judgment of its legal propriety. After much refection on the subject, and the examination of authorities, I remain of the same opinion that I expressed at the trial. If I felt any doubt, I should be anxious to have the opinion of another tribunal; but having none, I must give my voice for over-ruling the exceptions." 

For Justice Story's opinion to become the ruling of the court, Judge Davis would have to concur. Judge Davis spoke next and read his opinion to the court: 

"A pirate is one, says Hawkins, who, to enrich himself, either by surprise or force, sets upon merchants or other traders, by sea, to spoil them of their goods: this description, as is observed by a respectable writer of our own country, is applicable merely to piracy by the law of nations. Piracy, by the common law, consists in committing those acts of robbery and depredation upon the high seas, which, if committed on shore, would amount to felony there. The description of the offence in the first part of the 8th section of our statute, is analogous to the common law description; but the statute proceeds, in correspondence with the [English] statute of 11 and 12 Wm. III., to make certain other acts piracy, which would not be so at common law; and among the rest, an atrocious breach of trust by any captain or mariner of any ship or vessel, in running away with such ship or vessel, or any goods or merchandize to the value of fifty dollars. To constitute this offence, the act must be done, as the statute expresses it, piratically and feloniously. Unlawful depredation, says a respectable writer of the civil law, is of the essence of piracy; and this I apprehend is true, relative to piracy thus created by statute, as well as to piracies by common law. The animus depredandi, as it is expressed by Molloy, is to be determined by the jury, from facts and circumstances given in evidence, and is comprehended in the term ‘feloniously,’ which refers to the mind, will or intention. If the jury find the act of running away with the ship or vessel and goods to be done feloniously, they find it to be done without any justification or excuse; they find it to be done wilfully and fraudulently, animo furandi lucri causa; and having been committed with the other qualities and incidents mentioned in the statute, i. e. at sea by persons bearing the relation to the ship of captain or mariners, and the property plundered amounting to fifty dollars—such felonious act is, in contemplation of the statute, piratical. Thus the jury were instructed, and after the serious deliberation which the nature and magnitude of the case necessarily impose, I do not think the direction erroneous."

Even if some element of force was necessary, Davis was not convinced that the force must be exercised against the captain. Davis felt that the defendants' analogy to robbery on land was "too strictly pursued in the argument on this head." Was not force used against the ship? What if a pirate attacked and captured an empty ship? Would not that still be piracy? Davis had also been in the library, and he had found legal authority precisely on this point. "If a ship shall ride at anchor, says Molloy, and the mariners shall be part in their ship's boat, and the rest on shore, and none shall be in the ship; yet if a pirate shall attack and rob her, the same is piracy. And on this statute there can be no question, as appears to me, that actual force on the master, or other person in possession, is not necessary to constitute the offence." Yet the intent of Congress had nothing to do with force. "The statute had in view the prevention of atrocious violation of trust, by persons standing in particular relations to the ship. Officers and mariners may combine feloniously to run away with the ship and cargo without any person being put in fear, in the sense considered in the objection, and yet it would be clearly a piratical act, within the true intent and meaning of the statute."

Davis concluded: "Being persuaded that the jury were not misdirected in matter of law, and that the indictment is legally maintainable without proof of actual force or violence on the master or others, or that they were put in fear, I am of opinion that the motion be over-ruled."

 Justice Story looked up at the lawyers. “Gentlemen, the motion is overruled. What says the government with regards to sentencing.” 

Sentencing

Blake rose and “in a solemn and impressive speech,” recapitulated the proceedings. The two prisoners were apprehended by lawful authority on the Island of St. Lucie and sent back to the United States aboard on American ship, first being brought to this judicial district, imprisoned at New Bedford, and then removed to Boston. The were duly indicted on the crime of feloniously and piratically running away with the schooner George Washington, commanded by Captain Uriah Phillips Levy, by a Grand Jury of their peers on October 15. They were tried before a jury of their peers on October 28 and received a full and fair hearing and were vigorously defended by able and experienced counsel. It was proved that they did in fact cut the anchor cables securing the schooner George Washington and sailed that vessel out of the harbor and across the Atlantic Ocean to the Island of St. Lucie, where they stole $2500 in specie on board the vessel and certain property of the captain and abandoned the vessel. The prisoners at the bar were duly convicted by a jury of their peers, after due consideration, of the crime of piracy under the federal Crimes Act of 1790, which statute prescribes only one penalty for such an offense: the penalty of death. Therefore, it is my duty, and a painful duty, to move the Court to proceed to pronounce “the sentence of the law.” 

Justice Story shifted his gaze to the prisoners. “Samuel Tully and John Dalton. You will now rise and hear the sentence of the Court.” Tully and Dalton slowly stood up. Justice Story adjusted his spectacles, pulled out several new pages, and began to read the court’s sentence: 

"Samuel Tully and John Dalton, you have been charged by the Grand Inquest of the United States, for the District of Massachusetts, with the crime of piratically and feloniously running away with the schooner George Washington, commanded by Uriah Phillips Levy, against the statute of the United States in such cases made and provided. You have been duly furnished with copies of the indictment, and also with a list of the jury, who, upon your trial, were to pass between you and the United States. You have had counsel assigned you by the Court, according to the benign provision of the law in capital cases. You have been arraigned on the indictment, and have severally pleaded not guilty. You have been tried by an impartial jury of your country, and at the trial had assistance and argument of able, and learned, and eloquent, counsel in your defence. You have been severally found guilty by the verdict of your peers. You have excepted to the opinions of the Court in matters of law at your trial. These exceptions have been fully considered by the Court, and upon mature deliberation have been overruled. You have now been brought into court to receive the judgment of the law, and the District Attorney has now, in your presence, moved the Court to proceed to judgment. What reasons have you now to show to the Court, why they should not pronounce sentence against you!"

Austin and Thacher had now completed their duty to their clients. There was nothing more they could do or say. It was now up to Tully and Dalton to speak directly to the court. Was there anything they could say to avoid what by now everyone knew was inevitable? The prisoners remained silent. 

Justice Story continued: "Before I proceed to the painful duty imposed upon me by the law, a cup of bitterness which I would most willingly put aside, I shall make a few remarks, which I hope will impress your minds with the most solemn conviction of the turpitude of your offense, and with the mercy of God, incline your hearts to contrition and repentance. The crime of which you have been convicted is of a most odious nature; it is willful, malicious, deliberate piracy. Among all civilized nations, it is esteemed as an offense which places you in enmity with the whole world, which banishes you from the hospitality and the protection of society and consigns you to an ignominious death. In the present case, it has been attended with still more aggravated circumstances than usually attend the depredations of unauthorized plunderers of their fellow men. You were a part of a crew of a vessel navigated under the flag of the United States, entrusted by the owners with their confidence and property, and urged, by every honorable motive, to an honest discharge of your respective duties. The security of the commerce of the country, the maintenance of the good order of society, and the lives of thousands of your fellow citizens are intimately connected with the good faith and honesty of seamen. How have you repaid the confidence reposed in. you by the esteem of your commander? You have been treacherous and deceitful. You have had no adequate temptations, and no apology for your deliberate violations of the law. You sought the darkness of night to cover deeds which would not bear the light. You had time to consider and reflect. The midnight stars shone with disastrous light on your wickedness; the deep silence of the hour, when nature pauses as upon the brink of dissolution, gravely warned you of your fate. The morning rose in its splendor to call you back to repentance ; yet you returned not ; yet you sought not the forgiveness of the world, by returning to the bosom of society, and repenting of your sin. 

"Shall I stop or shall I proceed? One crime leads on the way to another, and every step in guilt is but a new incitement to urge another. One of your companions bowed down in spirit, overwhelmed with self-humiliation, approached you in the fullness of his sorrow, and repented and implored your mercy. Did your bowels yearn with mercy towards him? Did you endeavor to soften his woe or seek with him the path of future peace, by a return to virtue? I dread even to remember the hateful tale! His tears and entreaties were of no effect. I would not willingly accuse, much less would I, unheard, condemn you. The hour of his fate drew nigh; in the deep gloom of the night there was a most foul and unnatural murder. You heard his dying groans; you saw his last struggle; you took his lifeless corpse and plunged it amid the sullen waves. The ocean received him to its bosom, and returned back its short but awful murmurs. Were you guilty of this atrocious crime? I will not say; let your own hearts and consciences declare. The morrow saw no tears and no contrition. The deeds of night were but the precusors of a new destruction. The vessel was herself the next object of ruin; and she was wantonly scuttled and left to sink to the bottom of the sea. Foul and deliberate falsehoods closed the horrible history of your crime. Yet though these transactions were veiled from human eyes, think not that they escape the all-seeing eyes of that Being who createth and governeth the universe. At that solemn hour when deep sleep falls upon the sons of men, his ever-watchful mind is awake. When darkness surrounds the plunder of the public pirate, he is ever present and marks the wanderings of wickedness. When murder riots in supposed security, he hears the voice of dying innocence, and His own right arm shall avenge the deep damnation of the deed. I would not willingly afflict you in your fallen condition, but I must awake your consciences to an awful sense of your impending fate. 

"You are now soon to be cut off from life; and those cheering beams which now surround you, will soon be shut from your sight. The grave will become your cold and solitary residence, and the places that now know you shall know you no more. You are in the bloom and vigor of your days, yet society has found it necessary to arrest them, and to send you, with all your imperfections on your heads, to another world. Think, oh think, after what has happened, how can you appear before that dread tribunal, and that Omnipotent Judge who searcheth the hearts, and trieth the reins of all men. From his sentence there is no appeal, and before him you must soon appear to render an account of all the deeds done in the body. There can be no concealment or shelter there ; the accusing spirit of conscience will rise in judgment against you, and the voice of your poor unfortunate brother will be heard from the very depths of the ocean. Let me entreat you, tenderly and earnestly entreat you, as dying sinners, to turn from your wicked thoughts, to ponder on the errors of your ways, and with penitence and humiliation to seek the altars of our holy religion. Let me entreat you to pray for mercy and forgiveness from that righteous God, whom you have so justly offended. The time, perhaps, may not be too late. The glory of Christianity may yet brighten your declining days, and the Spirit of Redeeming Grace may drop a tear on your sins and blot them out forever. I now proceed to pronounce the awful sentence of the law upon your crime."

Joseph Story's voice failed him. He was about to sentence men to death for the first time. He thought he had prepared well for this. He believed that the penalty was richly deserved. But saying the words was harder than he had thought it would be. Story paused, breathed, stared intently at his prepared words, and intentionally read:

"Whereupon all and singular, the premises being seen, and by the said Judges of the said Court here fully understood it is considered by the Court here, that the said Samuel Tully, John Dalton be, and they hereby are severally deemed, taken and adjudged to be pirates and felons; and that they, the said Samuel Tully and John Dalton, and each of them, be hanged by the neck until they, and each of them, be dead. And it is further ordered and considered by the Court here, that the Marshal of this district do, on peril of what may fall thereon, cause execution to be done in the premises aforesaid, upon them, the said Samuel Tully and John Dalton, on the tenth of December next ensuing, between the hours of ten o'clock in the forenoon, and three in the afternoon of the same day; and that they, the said Samuel Tully and John Dalton, be now taken from hence to the Gaol in Boston, in the district of Massachusetts, from whence they came, there, or in some other safe and convenient prison within the district aforesaid, to be closely kept until the day of execution, and from thence, on the day appointed for execution as aforesaid, to be taken to the place of execution in Boston, aforesaid, there to be hanged as aforesaid. I recommend you to the mercy of Almighty God, before whom we shall all one day appear, and I pray that he may succor and support you in the hour of trial, and I now bid you an eternal farewell."

Tears streamed down Tully’s face. Dalton collapsed in his chair sobbing. Tears also welled up in the eyes of James Austin, and in the eyes of Joseph Story as well. Marshal Prince took the prisoners back to the Gaol. Justice Story adjourned the case for the final time. 

Awaiting Execution

Tully and Dalton were taken back to the Boston Gaol. Dalton dictated a letter to his father on the afternoon after sentencing. The letter was published and widely read in Boston. The prisoners were then transferred to the State Prison in Charlestown, immediately north of Boston. The State Prison was across the Charles River on the extreme southwestern corner of the Charlestown Peninsula. The wall enclosing the prison was surrounded by water on three sides. In addition to his other offices, James Austin was a director of the State Prison (as was the U.S. Marshall James Prince). Austin saw to it that his clients were well treated.

Executions of criminals were relatively rare in Boston. Federal executions even more so. The hanging of two pirates was an absolute sensation. Public interest in the case only grew after the sentence was handed down. Tully and Dalton received daily visits from clergymen, including Boston's celebrity ministers Rev. William Ellery Channing and Rev. Charles Lowell. Interested, curious, and concerned citizens came each day, eager to pray with the prisoners and assist them to find salvation. However, their contant companion was Rev. William Collier, the chaplain of the State Prison. They received gifts of religious books and numerous promises to pray for their souls. Tully made a full confession--although he maintained that Owen had committed perjury on some key points: It was actually Owen and Dalton, Tully maintained, who had thrown Cummings overboard, and Owen had been a willing participant in the crime. Tully wrote his autobiography in prison, which was published before the execution. 

Austin continued to visit Dalton.  Austin reached out to his considerable political connections, which included the his father-in-law, Elbridge Gerry, the Vice President-elect of the United States, to make informal appeals to President James Madison for a pardon. Austin told Dalton that he was doing all he could, to keep his spirits up, but to pray and prepare himself for his execution. 

Execution

On December 10, 1801, at eleven o'clock, prayers were offered in the State Prison, and the convicts taken under care of the Marshal and his officers, and conducted to the place of execution, at South Boston. The procession was led by a deputy marshal on horseback carrying the marshal's mace--a silver oar. He was followed by coaches in which rode the warden and officers of the State Prison, then an open carriage in which road Marshal Prince and Sheriff Samuel Bradford. Next came the prisoners and the chaplain in the State Prison carriage. The prisoners' hands were cuffed, and they wore white caps. Their coffins were tied to the sides of the carriage. The rear was brought up by deputy marshals and federal officials on horseback. The procession made its way south across the Charles River on the Prison Point Bridge and then through the center of Boston. The bells of the Old South Church tolled somberly.

When the procession reached the place of execution in South Boston, the prisoners, the chaplain, and the federal officials ascended the scaffold, The Marshal read the death warrant. Tully then wished to read a paper which he had prepared, but his strength failing him, one of the Deputy Marshals read it for him: 

"As a man and criminal now going out of this world, I do think it my duty to acknowledge that I have been guilty of taking, and assisting to take, the property which is mentioned in the first Indictment, but the murder, which was charged in the second Indictment, I do not see that I am any ways guilty of, although it was plead so hard against me, and I have reason to believe was the means of my being condemned; but if not, I acknowledge the justice of my sentence; but if other ways, I pray that the Almighty God will forgive those who have done me this wrong, and I freely forgive them from the bottom of my heart, as I hope the Almighty God will forgive me, not only this, but all the sins and wickedness that I have done in the world. This crime, for which I now suffer, is a horrible crime to think upon, and I beg that it may be a warning to everyone that may hear of it, or witness my sad fate. And I do think that it is my duty to express, with gratitude, my sincere thanks to the Marshals, and to other gentlemen in whose hands and charge I have been since I first came to Boston, and particularly to the Wardens and Keepers of the State Prison in Charleston, and Col. Gardner in particular, for his kindnesses shown to me. I give my sincere and my hearty thanks to all the Ministers, and other pious people of different denominations, who have assisted me with their repeated visits, and their good advice, their prayers, their sermons, and their pious and godly books, to bring me to a due sense of myself, and to open my blind and wicked heart, and to soothe my sorrows, to bring me to true repentance for all my sins and wickedness, and to prepare me to meet my awful sentence and death, and to meet the Almighty God who gave me my existence, and has been my whole support through this veil of life.-And undoubtedly it has been his good will and pleasure that I should suffer this side the grave, to expiate for the sins and wickedness which I have willfully committed against so good and merciful a Creator; and to bring me to his only Son, Jesus Christ, the Redeemer and Saviour of the world, in whom I put my whole trust, hope and confidence, well knowing there is no other name under Heaven whereby I can be saved. Therefore I resign myself to his gracious disposal, with my body to the earth from whence it came, and my spirit to the Lord who gave it; and may the Lord Jesus Christ have mercy on my poor soul. Amen." 

Tully stepped into place over the trap door. The rope was first placed around Tully’s neck. He continued fervently in prayer. His arms were tied, the hood pulled over his head, and the trap sprung. Samuel Tully died in the presence of an immense number of spectators. Austin, Thacher, and Blake were all there. Dalton watched all this from beside the scaffold. The Marshal asked him if he desired to say anything. Dalton shook his head. He stepped into position. His necktie was removed and the rope placed around his neck. His arms were pinioned. The cap was drawn over his eyes. An awful moment of anxiety was felt by the assembled crowd. Then the Marshal stepped forward, and thus addressed the spectators: Friends and Fellow Citizens: The good people of the United States, when they formed their national compact, wisely ordained among the duties assigned the President, that he should execute the laws with judgment and with mercy; while therefore he has left that man [pointing to Tully] who is now suspended between heaven and earth, a spectacle for men and angels, to suffer the pains adjudged him by the law; he has been disposed in mercy to respite the sentence of this man [pointing to Dalton] for a few days, that he may gain that information which may perhaps incline him to extend further favors.' The Marshal then read a reprieve, by order of the President of the United States, till the 10th day of January, 1813. 

Dalton was bewildered. He was untied and unhooded and taken back to the State Prison. Dalton never returned to the scaffold. Several more reprieves were issued by the president extending the date of execution ultimately to June 15, 1813. About June 10, 1813, an excited James Austin appeared in John Dalton’s cell announcing that he had good news. Austin opened an envelope and read to Dalton the following: 

"James Madison, President of the United States of America. To all who shall see these presents, Greeting: Whereas sentence of death was passed by the Circuit Court of the United States held for the District of Massachusetts, at Boston, upon a certain John Dalton, who was it its October term 1812 duly convicted of the offence of Piracy, and the President of the United States did respite the execution of the said sentence, from time to time, until the 15th of June instant: Now be it known that I James Madison, President of the United States of America, for divers good causes and considerations do grant to the said John Dalton a full,, free and entire pardon for the offence aforesaid, and the judgment of the Court thereupon; hereby remitting and releasing of all pains and penalties by him incurred by reason of the premises. In Testimony whereof, I have caused the Seal of the United States to be affixed to these presents, and signed the same with my hand at the City of Washington the fifth day of June A.D. 1813; and of the Independence of the U. States of America the Thirty Seventh.

/s/ James Madison By the President 

/s/ James Monroe Secretary of State "

 John Dalton walked out of prison a free man.

John Dalton never went back to the sea. He changed his name to "John Heathcoat"--his real last name. On May 7, 1814, he married Elizabeth Maron in Boston. He appears on the 1820 census in Waltham, Middlesex County, Massachusetts living with his wife and working as a farmer. Elizabeth died,, and he married Mary Chandler in 1824. The 1830 census shows John in East Bradford, Chester County, Pennsylvania. By 1850, he and his family had relocated to Liberty, Knox County, Ohio, where John owned and worked a farm worth $3000, a very valuable piece of property. John Heathcoat died on October 1, 1884, in Knox County, Ohio, at the age of 94, surrounded by children, grandchildren, and great grandchildren.

Read Part 1: Appointment to Represent Pirates

Read Part 2: Trial of the Pirates

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