Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-11-04

Ihi. Island nor did the law, in case ike tue
present, positively require Jury de medieta'e
lingue. In support Of this position, the lear",
ed Gentleman cited 2, Hawkins +. {. sos, ana
57s. But Independent, OF the rule of law, inc
purposes OF Justice required that these oHenu,
ers should be uied, aud they could no. be "iro
but according 10 the circumstances oil me
country.
Mr.. Smith said, that the doctrine Of the
learned counsel for the defence did not apply:
i, referred to suits in England, occurring be
tween party and partv, and not The prosecutions
of the King against denizen or against an
alien, The learned counsel then ad'trled TO
Hawkins p. c.: and concluded with observing,
that by the Statute under which the court was
sitting. il was instructed 10 corslrue Its pros
ceedinys according TO the course OF the COM
mon law.
Mr.. Piguenii, in reply, opposed these argu-
ments; and urged the legality aud Proprie'y Of
his application.
The court refused the application;
On the suggestion Of counseI, Joseph Lazaro
Buvsan was then pu, upon his trial a'one;-
and the prisoners named in The Indictment,
were rem inded.
The Dep. Secre,ary-"Joseph Lazaro Buy
san. how will you be uied?"
Prisoner-"By God aud my country.
The Dep. Seer, tary- Sod send you sale
deliveranee."
A Jury W.. then called, and sworn.
Some observations were addressed to the
court by the respective counsel, as 10 the num-
Der Of challenges 10 which the prisoner was
emit led, which was deter mined; but he die not
object to any the Jurors.
MIR. Smith opened the case 10 the Jury
The Indictment, he said, charged the prisoner
at The bar with the crime Of piracy. 1t was
neither his duty nor inclination to labour 10
make out the csse before the Jury; he would
merely state tho outlines of il, and adduce the
evidence, which would put the Jury ia iull
possession Of all the particulars. Alter briefly
stating .he circumstances, the learned counsel
procetde to Coll the evidence.
The Hon. Thomas Harper, Esq. was then
sworn and being examined BY Mr.. Smith. gave
his testimony 10 the following effect
Witness was at ST.. Eusta,ius on the 2lst OF
August, having been SIN, there by His Honor
the commander in chief to claim restitution oil
BRUSH brig and cargo, reported 10 have been
practically captured and carried into Saba;
found the brig at anChor at ST.. Eusta;ius; on
going OR board discovered that the sails were
marked J. Christian, Liverpool the windIas>
and caboose, Molir eux, Liverpool. and the
compass aud log glasses, Bywa'er, Liverpool;
on looking at her stern, saw the name Cara
boo OF Liverpool, di>Iinguishable fl nm the pro-
miuence Of the !e,rc-s, although they had been
painted over black; after considerable nrgota-
ton, the brig and part OF the cargo were given
I'D by the authorities al ST Eus,aius, being adj
mit,cd to be presumplive!v British properly;
no BRUSH regisser or in,o ices were found ON
board, bu, some scraps Of pa71r with English
marks, and u og-book containing he vessels
course subsequent 10 aerSads cad. Early il
che present month, witness again went to ST.
Eusiatius IN His Majrsty's ship Victor, cant
Lloyd; saw schooner IN the channrI answer
ing the description witness had rec, ived Of the
'essel which had captured ;he Carrahoo, capt
Lloyd gave chase, the sch'r ran into tho harbor
al 81. Eusi at'us, and proved 10 be Las Damas
Argrn'l"as; saw the prisoner at The bar al ST.
Enstatus on that occasion; he was CAPTAIN of
the sch'r. witness stated 10 the Comm andan
his entire conviction that she was the identical
vessel which had taken the Carraboo, pointing
out private signal which she exhibited, cor.
responding with the sigt al under which the
Carraboo was sent IN; on w,tness's claiming the
Schooner, as p'ize 10 c p, Lloyd, the prison.
CT admitted that he Gid take the Carrsboo aud
produced paper which he said iusifi d the ]
capture, The paper was hers shown TO witness,
and identified as being the same.)
Witness stated 10 the commandaDt thai This
was The register Of vessel called The Di,ino
lmperador. and could not belong to the Cara.
boo; the sch'r Las Damas Aruentinas, was the
gwen up by the authorities at ST. Eusratius.
taken possession OF by cap. Lloyd and brought
here, the same schooner now IN the road. aud |
The prisoner al the bar was tho same person
who Admitted at ST. Eusta Jus that he h ID tax
IN the Carrahoo; among the property found on
board Las DANA Argrntinas, were certain ar
ioles which appeared from the mark, TO he.
ong 10 the Carraboo; the log book of the schr
produced to witness and idenlifed) was sen,
IN board he Victor by the Government, Sec,
e'ary al 81. Eustatius; was no, in The room
With the Commandan, when The book Was pro.
Iuced to him; but the mus,er>rol and log book
we're deliSered up as belonging 10 Las Damas
The prisoner produced another
'aper d. ST. Eustalius as his commission. as
lsn paper purporting 10 be hi. instructions.
nd pointed 10 one as warrsnting the captur-
# he Carrab,o. CThese TWO papers were
hown TO witness, and also identified /.