751 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:

PEDRO GIBERT AND OTHERS

Reiterating the assertion that he could not write, the witness stated that he was asked by the government at Fernando Po to sign his name to the deposition he made there. However, he could not do it and was therefore told to make his mark. The witness attempted to write but, finding he could not, threw down the pen in despair. The court wished it to be understood that this trial of the witness, although permitted, could not be legally called for by the prisoner's counsel.

Cross-Examination Continued

The witness did not distrust Captain Trotter's promises to him at Fernando Po and did not say he only made his mark so that he might later disavow it as his signature. He was asked by Captain Gibert and the mate, while in prison in England, if he had signed his deposition at Fernando Po. He said he had made a mark, and they then said, "No matter, you must deny everything."

He had conversed with the black cook of the Panda, Antonio Ferrer. He told the cook at Plymouth, while they were confined on board a seventy-four there, that the captain wanted him to deny everything so that the captain might himself turn State’s evidence and hang all the crew. The captain and mate tried several times to induce him to deny everything.

Out of ten words of English, he could perhaps understand five. He was in Salem when the crew of the Mexican testified. He saw the captain and cook of that vessel, heard them talking, and could not understand them. He saw them making signs and pointing out the prisoners whom they knew. He thinks he recognized the captain of the Mexican and believes he was one of those who came alongside the schooner in the brig’s boat.

He never confessed at Salem and was only asked to identify his mark at the bottom of the deposition made at Fernando Po. He did not recognize any others but the captain, as there were so many white people present, and white people are so much like each other.

The vessel in which the captain and mate went from Nazareth was afterward a prize to the Curlew. He believes she was given up afterward as a bad prize and does not know whether she was taken because she had pirates on board. She was released in England about twelve or thirteen days before they left for America. He does not know whether Captain Trotter told when they reached England that he had pirates on board. He saw some English newspapers but never read them. None of the crew of the Panda, except himself, were ever permitted to go at large. Castillo went in the boat once to carry an officer on shore. Captain Trotter did not put the mate and captain of the Panda in irons. They were all shut up in a room together. After some time, an order came for them to be permitted to walk the deck.

Delgardo was with him and was handcuffed to him when they came ashore at Salem. Captain Gibert used to go on deck in his chains; any of the prisoners might do this. When Castillo went on shore with the mate, he could not have escaped if he had wished; they were guarded when on board a seventy-four at Plymouth.

The vessel lay in the stream and was never moved into the harbor. He never heard of anyone offering to assist them to escape.

---