Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1812-11-21

satisfaction, by Bsyles, tbs great cham.
MON Of the Custom House. How pain.
tul ssever it is to any feelings, to spesk
barshIy of the motives or conduct eta
fellow creature, ] am compelled by pre-.
fcssional duty to my clients, to say that
This man stands before you convicted Of
perjury either now or In his protest
made at St Johns. Which is the most
nro,ahle Then when by tie IoAs of lhs
vessel his pay had ceased; when ii he
had suspected any fraud, he must have
plowsd with Indignation at the conaucs
Of the men who had thus wantonly en-.
danpered his life and put an end to hi.
earnings, and when he nevertheless de.
cIared under oath that he verify believed
the leak and subsequent loss CT the Ola.
rinda was occasioned by the striking on
the rocks. Or is lie now perjured, when
he comes before you, aid audaclously
contradicts his solemn protest, after
having been three or four years main.
tanned by tho custom house at 1--we dol.
lars per week? On the rotten testimony
of this man, would not, gentlemeu,
condcmn dog to one days impriscn.
mcnt, much less would csnsign four
fellow citizens to imprisonment Ter life,
or at the mercy of the executive.
have no fear for the result OF your de-
cision.-By the acquittal of the defend
ants, you will this day teach the gentle
men of the custom hosse th.t this prsc.
tice of maintaining Witnesses at enor.
mou, wages for length Of years, is
equally useless and asominable.--Las,ly,
is the fraud proved by the estorted con.
fession of the defendants bciief7 1t was
no admission of facts; for they knew Of
none to admit, bot such as they mad al
ready in The honesty of their hearts fully
disclosed. But Oh what did they found
their belicf2 not on information derived
from Kip or Adams-tor it is not even
to be imagined that these men would
say to them, you have benevolently
become our sureties and we to repay
voar kindness, have acted like villains;
Rave fraudulently destroyed the vessel,
carried the cargo to a foreign country
and thereby subjected you to all the
penaItes of the law" Their belief, was,
more probably founded on the hue ard
cry, the declarations and threats Of Gus.
tom house officers. In moment Of de-
spcndcncy they have perhaps imagined
and believed whatever was most disas-
trous, and with vair hope of mercy in
discreetiy avowed their Auctuating belief
To turn such confessions against them,
is cruel and unsenerous in the extreme
lit is what every mind amongst you, l
AN sure, would revolt from without be-
sitatioD--Elt whatever may have been
their bel'cf whatever may be your opr
uncertain 6skit you mast not Judge &C
eording to that--you are sworn to decide
upon the evidence, and the evidence
must be strong and conclusive befors
you can conscientous!y pronounce
verdict ofguilty-Is fraud to be inferred
from the manner in which the vessel was
lost ? 1t appears that she began to leak
and had four feet water in her bold,
" hNll AiS tfSiIuISS hSo bCui CpS VI
sight, except with a spy glass, and they
were distan, many leagues from land
Would men lightly expose their livesto
such danger with the weight Of guilty
conscience hanging heavy on ,hen3 Ard
what are the assignabie inducements to
encounter these perils the profit on a
few bales Of cotton purchased by the
certain loss OF the vesscl-you will
reject them as insufficient and will
not suspect that fraud could have exist.
ed where there was so little motive for it.
His honor then in a very perspicuoa,
manner. charged the Jury among other
things, that this was in its nature and
essence though not in its form, penal
or criminal action, and they were thsre.
fore entitled to Judge both of the law
and the fact; and that tbs enforcing act
could not be applied 10 this case-Tbe
Jury retired, * after being out, between
one and two hours, sgrsed upon a ver-
dict ier 'hc defendants, which was sealed
up and the next morning opened and
pronounced in court.