The Virginia Gazette

The following is an authentick account of the unhappy death of Lieut. Panton, of the Rose man of war, April 22, 1769.

"At six in the morning the Rose man of war, being five or six leagues off Cape Ann, saw a sail (the Pitt Packet, Thomas Power master, from Cadiz to Marblehead) and fired two swivels and a gun before she brought to; on which the cutter was sent off, with the Lieutenant and two officers. When the Rose's boat came alongside the brig Mr. Panton went on board and inquired for the master, went down into the cabin with him, and asked where the brig came from, and for his papers, &c. who replied that he was loaded with salt from Cadiz, had neither bill of lading or clearance, only a bill of health, which he produced; and on inquiring how many men he had on board, was told eight. Mr. Panton then asked for the log book, and said he would order his people into the hold to search for uncustomed goods; and for that purpose desired the hatchways and scuttles to be opened, which the master said should be done. Mr. Panton then went upon deck, leaving the master in the cabin, and there ordered one of the officers (a midshipman) and two of the boat's crew, to go below and search. After coming out of the main hold, in going forward, one of the boat's crew saw a scuttle, which one of the officers ordered two of them to take up. Here they found four men, and desired them to come up; but the brig's people swore bitterly that they would cut off the limbs of the first man who dared to approach them, at the same time shewing a hatchet, a harpoon, a fish gig, and a musket. The officer, after putting the question again, and they having refused in the same manner, informed Mr. Panton. Mr. Panton then went forward with the officer, and mildly desired them to come up, which they refused to do, swearing that they would die in the hold rather than go on board a man of war. Mr. Panton informed them he wanted to search the hold, and asked them to allow him to come down for that purpose; but they repeated their threatenings and shewed their weapons. Mr. Panton desired them a second time to come out, adding that if they persisted in refusing he must oblige them, as it was his duty; on which one and all of them declared that if he brought arms against them he should be their mark, and that they would put his lamp out first. The boat was then sent for assistance, and Mr. Panton continued endeavouring to persuade the people to come out, representing to them the impossibility of escaping, the folly of their obstinacy, and promising them good usage; but they declared if there were fifty armed men they would not be taken, and told him he should lose his life first. He replied, it was his orders. This conversation was repeated more than once. Mr. Panton gave a candle which he had in his hand to one of them (the place being very dark) desiring that they would let him see through the scuttle what sort of a place they were in. The man who took the candle moved it about the place where they stood. Mr. Panton said he could not see it, and wanted to go down; they answered, he should not, and if he attempted it they would that moment shoot him, presenting their musket, which they told him was loaded with slugs, and primed, and returned the candle. Mr. Panton said, "Aye, will you shoot me?" And in a joking cheerful manner added, "I will take a pinch of snuff first." Just at this time the boat returned, and soon after Mr. Panton ordered his men to open the bulk head of the place where the brig's people were; but as soon as they began to work upon it the people within declared they would shoot the first man who made a hole. One of them advised the others to shoot the Lieutenant first, and divide themselves, two to defend the scuttle, and two to defend the bulk head. One of those at the scuttle presented a musket, another a fish gig, and one from within called out to fire. The Gentleman with him struck the musket downwards out of its direction at Mr. Panton, who ordered the scuttle to be put down, and went to see what the boat's crew had done at the bulk head. The master at arms having made a small opening with a crow, one from within presented a musket through it, threatening to shoot him; and while the bulk head was breaking down one called Corbet said, Mr. Lieutenant, I will murder you first, and you may be certain of death if you do not go about your business; and presented a musket, on which the master at arms desired them to point at him, and not at a Gentleman who had done them no harm. Corbet snapped the musket several times at them, all the others calling out to fire, and damning it for not going off. One of the boat's crew got hold of it, but could not keep it. Immediately after one of the crew fired a pistol, loaded with powder only, in Corbet's face, hoping it would make them submit. Corbet desired Mr. Panton to observe what one of his men had done, who replied that when he surrendered he would show him the man when he came on board (meaning to give satisfaction) and took away the pistol from him, and ordered his men not to fire upon any account. He asked the brig's people to lend him their ax, to knock down the bulk head a little faster; they answered, they would lend it to scalp him. Mr. Panton, during all this, frequently begged them to submit, or he must clear his way to them; but all of them said they would shoot Mr. Panton first, and the master at arms after, before they would be taken. The master at arms being pushed at, called out he must fire to save his life, which Mr. Panton strictly forbid him on his peril to do, took the pistol from him, and blew out the priming. The boat's crew continued to break down the bulk head, on which Corbet made a push at Mr. Panton with a harpoon, who stood upon his feet a few seconds, and said, "the rascal has stabbed me in the jugular vein." Immediately after the Lieutenant was wounded one of the Rose's men fired a pistol, which wounded one of the brig's people in the arm. An officer, with the assistance of two men, conveyed Mr. Panton to the brig's cabin, where he soon expired. The Rose was immediately hailed, and the commander being informed of this unhappy accident disarmed the barge and sent her immediately, also a guard and took those who had committed the murder. About 3 of the people delivered themselves up, and soon after Corbet. They were all carried onboard the Rose. He observed that the man who was wounded came out after Mr. Panton was killed. It has been said the brig's men were drunk, but they appear to have been sober when they were carried on board the Rose. Two men belonging to the brig not mentioned in the above were Americans, who remained on deck the whole time Rose's people were onboard her; the Commodore, out of his great goodness, having given orders that no American, or person bred in America, should be pressed."

Saturday, April 29th, his Excellency Sir Francis Bernard, Bart., Governour, Commodore Hood, his Honour the Lieutenant Governour, the Hon. A. Oliver, Secretary, and the Hon. Robert Auchmuty, Esq; Judge of Admiralty, went on board the Rose man of war, to take the steps previous to the trial of the men concerned in the death of Lieutenant Panton. Capt. Caldwell, of the Rose, received and entertained them with the greatest politeness. We hear the trial will come on within fifteen or sixteen days.