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

Pedro Candles, Francisco Mamie,
Juan Marines, Candaladio Audail,
Jose Ignatio, Antonio Rod,igues,
Juan Gonzales, HonOIio Jose,
Manuel Calderor, Juan Rosetta,
charging item with having, on the 2ist oil Ju-
" lasr, ON the liga seas, within the Jurisdic-
ton Of ,he Admiralty of England, about 200
miles distant from the Canary Islands ,piratlcal-
ly and ftlCniuuaIy Captured the British Bris
Csrraboo.
His Honor The Chairman addressed short
charge to the Grand Jury empanpelled on the
occasion, s,s,ing the important nature uf the
subjects tina! would be submitted To them; and
they then retired 10 the consideration OF the
indictment.
The Solicitor General moved the Court for
the admission Of Henry Harrison and Ell a.
Harry Merryman, two indi' iduals taken in Las
Damas Argentiuas, as Kings Evidence; and
that Mr.. Piguenit be admitted as Counsel for
the prisoners.
1. Mr.Piguenit (being received as the prisoners
CounseO objected 10 the admission 1-s."'sIIr
-'s5 ana argued tina, the rule of extend to
The admission only Of sccomplices as KINGS
Evidence.
Inc Court, alter hearing the arguments adj
aucto on The other side, overruIed the objec-
uon; ana inquired Of the two witnesses, il thew
were willing 10 give evidence against the pri-
sohers az the bar, TO which they replied In the
afhrma'ive. The Court then explained to them
the terms GU which thei r evidence was admit
ced, and cautioned them that their being re-.
commended to the mercy of the Grown would
orpend entirely on their giving full, cam
oi"' ana unresersec statement Of all the cir,
cums,ances
These witnesses. with the Hon. Thomas Har.
u. rs l.
~. bort, Esq. were III, n sworn, and ssnt beior,
the Gaand Jury; who shortly after returned "A
rue BiH' against the prisoners.
he prisoners were then arraipned and The
thd'etment being explained to them in Spanish.
ny aswo'n Interpreter, they severally sleaded
No, Guilty. ~ ''"
Nr. PlsLenh begged thai, before The prison.
CTS were asked how they would br tried. The
suggestion which hc had to offer to the
|oart IN their behalf, nigh, be inserted on the
reeord-namely, that as aliens, they should be
.ried by Jury, half Of whom should be aliens.
IL the Court did not regard this as motion of
course ne Wished TO b. heard in supper, Of it.
ine hon J, X. Wa,,ley, from The Bench,
''a'ed' thai the Court was disposed to admi,
.''ry 'egu'ar motion; but as point Of law, il
was inuispotaoie that The prisoner S, although
aliens, having committed an offc nee within the
jurisdiction Of the Admiralty, were ameoab,r
10 The British law, aud mus, be tried acct riding
TO the usual course. OF what avail then woulj
It be, 10 enter on the record the motion of n.
learned COUNSEL
Mr.. Piguenit urged the privilege of British
Barrister, in being allowed hearing on his
motion, and could not subscribe to The nripsi,le
oil the Court at once giving dictum Of law
on an application, no: considered as mo,i,n
Of course, and in supper, Of which he had not +:
been heard.
Mr. Smi h admitted The privilege claimed BY i
the learned counsel.
MIR. Pigueni, with the sanction of the courrl
oroceeded-He had lei, it duty which he owed S
20 the prisoners as their counsel, to claim the i
light, add he now moved the court that In. I
prisoners, being Aliens should be tried by a e
Jury, composed half Of foreigners. The pri- q
l!ege which he thus commended for in their b
ebalf he observed, was sustained by the most a
espec;able authorities; and cited Black Il
tones Com. $50, and Chit,y's C. L. |. Az C.
'r some bser'atinns, applying the principle IL
lid down by these authorities TO the case un- b
er consideration, The learned COUNSEL moved al
,ar venire be issued fer Jury de metlietate ol
pgu<. s.