Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-08-04


been acquitted by the Grand Jury, because
he was forced on board the vessel, and
his testimony concurred with that of the
other witnesses in all that was material.
If The robbery was committed, their
next enquiry would be, whether the yes-
Sc. committing it, sailed under lawful
commission.
There was not only no testimony what
ever OF commission, but all the facts Civ
en- in evidence were totally Incompatible
with the idea of sailing under any autho.
ritz whatever. The crew of one vessel
had mutinied, seized another vessel, and
proceeded on cruiZe under officers elect.
ed by themselves.
The question whether the case came
within this act OF Congress was one gilmore
difficulty. 1t was impossible that the acl
could apply to any case if not to this. Tie
case was undoubtedly piracy according IL
the understanding and practice OF all ma
tons. Ii was a case in which al nations
surrendered their subjects TO the punish.
ment which any government might nh:ct
upon them, and one in which all admitted
the right Of each TO take and exercise juris-
diction. Yet the standard referred to by
the act of Congress, as expressed in that
act, must be admitted, To lie so vague as
to allo" OF some doubt. The writer's on
the law o. nations give Us no definition OF
the crime of piracy. Under the doubts
arising from this circumstance, the court
recommended II to the jury TO find spe-
cIal verdict which might submit the law to
the more deliberate consideration of the
court.
The jury retired but for few moments,
and brought in special verdict, similar
to the one which We have given in full
below.
Ajury was then impanneIled, and the
case Of Ten others ct the crew Charged in
the same indictment was, with their con-
sent, submitted at once to trial !; the evil
deuce gone through, and the jury returned
the following special verdict:
We OF the jury find that the Prisoners
Baily Duriey, William Chappels alias VIII
liam Chapel, Daniel Phillips, Jas. Tho
mas alias James West, Daniel Living
ston, Luke Jackson, Stephen Sydney, Pc
ter Nelson, Isaac Sales, and Peter John
sion, were in the month of March, 1919,
part OF the crew OF private armed vessel
called the Creola Commissioned by the
government: OF Buenos Ayres, colony then
at war with SpaIn,) lying in the port OF
Margarilta ; that in the month oil March,
1919, the said prisoners and others OF the
crew mutIpied, confined their officers, left
the vessel, and in the said port Of Marga-
rita, seized by violence vessel called
the irresistible, a private armed vessel ~
ing in that port, commissioned. by the 60!
yernmeut of Ariigas, who was also al war
with Spain; that the said prisoners aud
others having so possessed themselves OF
the said vessel the Irresistible, appointed
their officers, proceeded 10 sea on crulze
without any documents or commission
whatever, and while OH that cruize, in the
month OF April, 1919, on the high seas,
committed the offence charged in the in
dIctment, by the plumber and robbery OF
the Spanish vessel therein mentioned. If
the plumber and robbery aforesaid be pi-
racy under the act of the Congress of the
United States, entitled "An actto protect
the commerce OF the United States and to
punish the crime Of piracy''--then We
find the said prisoners, severalIy and res
pectiveIy, guilty if the plumber and rob-
berry above stated be not piracy under the
said act of Congress, then we find them not
guilty. JOHN G. GAMBLE, Foreman.
The court then adjourned.
Wednesday-John Green was put to the
bar under the lst indictment. The de-
fence setup for him was, that he had been
forced 10 join the enterprise, and did not
assent to the proceedings of the others
The defence failed, and the same special
verdict given as in the case of the ten o.
theirs.
Same defence and result in the case Of
THONGS Smith.
Henry yanry, alias Henry And ris, & John
Fuller, were put 10 the bar-same defence
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