Delaware gazette and peninsula advertiser. [volume] (Wilmington, Del.) 1814-1820, 1818-12-05
rower to privateer, and the jury NAV

rapiratiealiy trauscended the auth
onftrvrd on him by the con,""t
,nr or not; or the prisoner ~ 81
~ any other excuse he may think M
Tor the particular act charged ; ans:| a
It may be utterly impossible for the
Jury to determine from the act itseii
wseti,er this be !, real tx use or Z I
olorabie and fraudulent pre'eXl
for piracy. Su h being the case
it is rertaini, competent for the pro
secutor to free the jury from their
by showing from The
prisoners own conduit, both before
and subsequent, while employed in the
same business, and acting under the
same commission (f he had one dur
ing the same cruise, that his .0m';ls
sion was bat a mere cloak for plra' y.
or that whatever other excuse he ma.
set up in defence, is but a pretext-a
sheer fraud. Nor does this take tlis
prisoner by surprise. or put him upon
trial for acts If which he has had no
notice. The Indictment notifies HIM,
that he is barged With piracy IN eap-I
turing certain vessel. and that liz
did il practically and rrloninusly. and
unless both Of these allegations are
male aui, he must he acquitted. Hay
ing charged him with piracy op par.
ticnlar vessel, he cannot he rOnyi' ted
on proof Of piracy ON any other YES
sci. The indictment notifies him til 4
his fe!ouious aud piratiral Nill is in
Issue, and he knows that that Issue is
to be maintained by the prosecutor.
|hy proving every circumstance OF his
'Iife connected with the specific charge
of piracy in the indictment. Aud OF
l.ours.. thAt he will prove the tenor Of
1us ron.ia during the whole rrnisr-
tliat his voyage. WAS u piratl";il one
that he committed piracy fran it,
roanrp, emrnt to its close and thai
il he .lsinltd to have any nntborit,
'nr what hr did, shat authority Wa
-|nu, cloak and fraud 10 orI"s
l,has shc jury may ascertain by the
T IT IL ted Ii IT., Watcher the particu
lar a charge be piratie" ar not
In trial Tor mursisr. The prorrrLtoI
is not confined in hi. prour 70 the sim
pie fact Of killing charged in the IN
! di tmrnt, hut he is allowed TO Prov
very other circumstance roAnrctr'
y !. lh il, su,h as thre.ts made by til,
: accused, his procuring the ins;rumen
Of death. his lying in ~aii, his secret
u ing himself ci'terwards. and il the cas-
MAS so he might prove that the acs us
. Ell committed Larceny or burglary i
pro 'ur!ns the instrument with whi
F" hr cusnniittcd the murtler. or that h
) c0mnitted another murtIrr in entle.
T. voring TO make his esrap'. not how
y ever for ih purpose ct convi' tin hin
. OF these other rrimes hut to slirw u,
truth of the allegations contained
:, 1.-THE indictment. So in tie case I
n passing ,onnter!rii mone,, "lihoug
;, the ini!ictmen. charges but sing
/. note or piece Of c"in 10 have be,
,o passed, yet evidence may be given
;, twenty other offences OF the san
!, Kind ny the party on trial, for Il
;. purpo.r OF showing that he knew Il
IF mole he did pass was rounterfril--vi'
:, l.. Bos. and Pull. ~, the King '
r. Nyie. The observations OF l.
a. Peterborough in tina. ease are cor
a, pirte answer to the objections M
-. offered in the ease of ivil s,
nj for conspiracy to drirsud, evisien
.,L Of other similar acts will be reeciv
:, to support the deckration--yide
- Day 205. the same rule obtains Il
= in the case of an indic; ment for a lii
!. vide 2, Camph. 399. But the cas-
~, of Kidd Il Dawson reported in
~. State Trials and in Salmnn's Ahrid
:. meDt of State TRIALS. are renrlusi
:. -, on the subject. Kidd was in,Ii ted
=, piracy in capturing one single 81
~, called the Quaado Merchant. He Ii
=, received ii commission to cruise again
= the Fren, h, and also special 90
j., mission to cruise against pirates in 1
-, American seas. but he turned pir'
r. himself and committed great iepres
a tions-upon h, trial th., whole histo
! oil his cruizc, from the ti.ne he Sail
n from England until he WAS finally {
A rested, was gone into. A great nu
=. her Of piratirai captures a,,'l mur'I'
u; we're proved, although only QUE "
n, alleged ia the Indictment. So in Da
i. son's ease. he with several others "
l., indicted for piracy in musiu, ing a
~, ~ running away with ship, and h
furN ni' the Mhulp YnYa.t WIS ~