The Sun.
London, England, 1862-11-08 00:00:00

THE SLAVE TRADE.

(From the New York Herald.)
UNITED STATES CIRCUIT COURT.
(Before Hon. Judge Shipman.)

SECOND TRIAL OF HAYNES AND SECOND DISAGREEMENT
OF THE FURY.—THE UNITED STATES V. S. B. HAYNES.
At the opening of the court on Monday morning last,
Mr. M'Keon, one of the counsel for the defendant, stated
—He desired the indulgence of the Court for a few mo-
ments in referring to an incident which occurred last week
in connection with the case we are about to try. He was
apprehensive that the Court might have misunderstood his
absence on Thursday morning last. He assured the Court
that it was not out of want of respect to the Court that he
was absent, or with any view to embarrass the Court, He
believed that it was useless for him to appear, when he
was unwilling, alone and unaided by the assitance
and advice of his former associate in the case, to try
a case of the deep importance of that now to be
tried. It is the duty of counsel to protect and defend
the authority and dignity of the Court at all times;
but when the relations of the counsel to the occupants of
the bench have always been of an agreeable nature, to that
duty is added a pleasure. I only share with the rest of my
brethren at the bar a sense of high respect for the officer
who now presides. In the hope that the assurances I now
have given will be received in the same sincerity with which
they are offered, and that the remembrance of the occur-
rence will pass from the Court, I am now ready to proceed
with the solemn investigations we are called on to make.
The Judge stated that he thought the non-attendance
was an error ; and, the explanations being satisfactory as
well as grateful to him, that nothing further should be
thought of the matter.

The trial of the prisoner was then proceeded with. The
defendant was the first mate of the ship Nightingale, which
it will be remembered was seized on the coast of Africa by
the United States ship Saratoga, with 960 negroes on board,
and sent home and condemned for being engaged in the
slave trade. The defendant was indicted for receiving
and detaining the negroes with intent to make them slaves,
and this was the second trial of the case, the jury having
disagreed on the former trial.
A jury was then empannelled, and the District Attorney
opened the case for the prosecution. Evidence of the na-

tivity of the prisoner in the State of Maine was given, and
the same witnesses were examined as on the former trial of
this case, with the further evidence of Captain Taylor, of
the United States ship Saratoga, who captured the Nightin-
gale, and a witness of the name of Herring, who was boat-
swain's mate on board of the Nightingale. The witnesses
testified to some facts additional to those stated by them on
the former trial.

The defence was opened by Mr, M'Keon, in a speech of
three hours. He introducei testimony impeaching some of
the witnesses for the prosecution, and as to the nature of
the Nightingale's cargo and the good character of the ac-
cused.

The evidence on both sides being closed, Mr. Brady pro-
ceeded on Thursday to sum up for the defence in an elo-
quent address to the jury. The closing address of Mr.
Brady was a characteristic and powerful appeal, and Mr.
Smith's argument was ono of the most elaborate, thorough
and eloquent efforts of this able and successful prosecuting
officer. On the former trial the jury stood eight for acquit-
tal. Yesterday they stood seven for a verdict of guilty.
The Judge charged the jury substantially as Judge Nel-
son charged on the first trial. The jury retired at half-
past three o'clock p.m., and came into court on Saturday
at ten o'clock, and stated to the Court that they were unable
to agree upon a verdict. One of the jurors stated that they
had taken several ballots, showing that they stood at that
time as they stood when they first retired.
The Court said after such a declaration he did not think
it necessary further to confine the jury, and ordered them
to be discharged for the term.