Literary cadet, and Saturday evening bulletin. [volume] (Providence, R.I.) 1826-1827, 1826-11-25

TUE AMERICAN AND GAzETTE.-We assure
the Editor of the American and Gazette, that dis
position TO do justice to judicial officer Of high
slderation, well as to do justice to an individual
who was arraIgned,bm not hred charged with one of
the most repusive crimes known to our laws-rath-
er than disposition to cavl, induces US to correct
error, into which he has perhaps unintentionaily
run Speaking Of the indictment, U S. VS.. Eb-
enezer Robinson. which was called up before Mr..
Justice Story for adjudication, the Editor has indul
ged in the following remarks:
THE indictment u S. VS.. Ebenezer Robinson.
for the crime OF perjury, taken aud disposed
OF. This was an indictment preferred by the Ator-
ney o. the u 5. against f. RoDinspn for the CRIME
OF perjury, alleged TO have been committed be eore
justice RIVERS on the hearing of complaint pre-
ierred TO him. IN winch Captain Darius Dennis was
charged with having burnt The schooner Margaret,
| IN Mangroye Bay, IN the island Bermuda, with
| an intent to prejudice the Atlantic Insurance Com
pany Of New York. The evidence on the part Of
the United States, upon Me trial Of The indictment,
established most clearly the innocence of Captain
Dennis, OF the charges preferred against him. IN the
complaint. and to the truth of which charges, Rob-
| inson had sworn But as Mangrove bay in which
the vessel was lying, when Dennis was charged to
to have set her on fire. was not on the high seas,
on fire, it offence against The laws of the u.
S. and tina, consequently Justice Rivers, having
no jurisdiction of the case, Robinson, although he
srors Jaisey was not guilty OF perjury within the
U. S. law
This report is altogether inaccurate, apd we are
not II little surprised, that it should have been
made eusthe indictment was not tried When the case
was called, and one or two witnesses were examn-
ed, Mr.. Justice Story, very promptly and unequ-
vocally decided, that the United States had no ju
risdicton the case, and oroered the prisoner,
Robinson, to be discharged. Judge Story expressed
opinion, to the guilt innocence Of the pris-
oner, did he even intimate that the prisoner had
smorn falsely" nor had he any right, in his Judi
cial capacity, to express opinion of the guilt or
| innocence OF an individual, who had not been tried.
This plain statement we make IN justice to the
| learned Judge, who We feel perfectly assured,
would not exercise his influence in preiudicing the
public mind against an individual, who under the
most embarrassing circumstances, had oeen charged
with the crime of perjury.
Before we close these remarks, we will he per.
United to say, that the circumstances of Robinson.
case, were altogether novel and and
are probably unparalleled in the annals of the
Court before which he was arrasned But as there
is degree of delcacy attached TO it, we will not
mention another word, further than TO saw that il
is . little extraordinary that an effort should be
made, to hold up an individual as guilty of an enor
nous offence against the laws Of hi. country afte, he
had been discharged, without having been tried by
his peers and after the Court had decided that he
had committed no offence against the Laws of the
United States.
Robinson was arraigned on the 5,h section If an
net passed March the third, 1895, entitled an &C,
more edectually TO provide for the punishment O.
certain crimes against the United State,.n which
reads thus
SECTION s. And be it further enacted. Tia, ,rv
onence shall be committed on board of any ship or vessel
belonging to any citizen citizens of the United States
while lying IN port place within the jurisdiction Of
any foreign strte or sovereign by any person belonging
70 Tue company oi sad ship, or any passenger any
other person belonging the company SAID ship, anv
other passenger the offence shall coenizable and
punishable by the proper Circuit Court Of the Onteu
cates IN the same and and under the same
circumstances said offence had been committed on
board Of such ship vessel the hgh seas and without