About twelve o'clock
As the night closed in , he remained on deck gradually taking off first one sail and then another , until the brig was left far astern of the rest of the convoy , and the next morning there was no other vessel in sight ; then , on pretence of rejoining them , he made all sail , at the same time changing his course , so as to pass between two of the islands . Newton was the only one on board who understood navigation besides Jackson , and therefore the only one who could prove that he was escaping from the convoy . He was in confinement below ; and the men , whatever may have been their suspicions , could not prove that they were not steering as they ought . About twelve o'clock on that day the poor sailor breathed his last . Jackson , who was prepared for the event , had already made up his mind how to proceed . The men murmured , and proposed securing Jackson as a prisoner , and offering the command to Newton . They went below and made the proposal to him ; but he refused , observing that until it was proved by the laws of the land that Jackson had murdered their shipmate , he was not guilty , and therefore they had no right to dispossess him of his command ; and until their evidence could be taken by some of the authorities he must remain ; further pointing out to them , that as he could be seized immediately upon his arrival at an English port , or falling in with a man-of-war during their passage , the ends of justice would be equally answered , as if they committed themselves by taking the law into their own hands .