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

advantage 10 the prisoner at the bar. The
unfortunate prisoner it should be remembered,
owed no allegiance 10 the British Crown, The
public prints bad icemcd with statements to
his prejudice, and he had not the benefit OF one
witness in his favor; but The laws Of God and
man forbade that any prejudice should exist
against him in the situation in which he then
stood; and he trusted that the Jury would dis
miss from their minds any feeling Of thai,
nature, and that If they erred, it would be
on the side OF mercy. The evidence in this
case was to be received within the rule of the
law. The learned counsel Tor the prosecution
had cited some cases from Hawkins, &c and
proceeding, as they said, according to the COM
mon law and No, according TO the Statute, the
prisoner mast be convicted Of piracy. But if
the rules OF the common law were 10 prevail,
the prisoner could not be found gully; for il
was distinctly laid down thar The f. Iunious in
~,ention, the onimus juran!i, must he proved or
conviction could not cnsue. The commission
under which tie cour, was sitting, directs that
all offences committed At sca, should be tried
like those Of a similar nature committed on land
ac, ording TO the rules of the Common law
The learned counsel here read a part of The
commission, in support Of his argument.
The only evidence against the prisoner,
which imputed TO him 4 wrong intention, was
that oil accompliceS, nay principals, whose
testimony The Jury could not receive with too
much caution. An individual transgressing as
he prisoner was alleged to have done, should
he sent to his own country, aud restoration Of
the pronerIy demanded in the Eamc Of he
King or Great Britain. The learned Gentle
man cited an authority Drown ll9)-and
went on 10 argue that The commission OF a for
eign STATE could no, be the subject of inves>
tigatiou in that court: Great Britain was in
amity with the South American States, and
having recognised them, they had BECOME a
na'ian and 4 people. If q foreigner trsOsgress-
ed his authority, he was not to be brought into
that court for punishment, but was 20 BE- turned
over to his OWN Government, to whom eXclu>
sively belonged that power. The learned couu-
sci then referred TO Sir Lionel Jenkins Report
to the King. on a case which he considered an.
alagous, and his definition of piracy. He adj
drd, tina. The prisoner al the oar charged
in the indictment with an act of piracy, com
mitted on the 2lst Of Jaly; that the witness
proved ,ha, the Cairaboo was taken on a Sun
day in July las, and that The els. ofJuly was
Monday. He then citeo an authority 10 show
hat this was t. strong point in favor OF the
prisoner. The i"aC-,d counsel Concluded 4
long and very Ingenious defence, with obsery-
ing, that, in submitting these points, he thought
he prisan,- entitled TO their due consid"ra-
ZION by the Jury, ON whose impartial and dis
cree, Judgment, he placed every reliance.
The Solcitor-Gentral, in reply expressed
his satisfaction, tina, in Il Case OF this highly in!-
por,ant nature, the law should have been SO
clearly Investigated, and tina, the prisoner had
every advantage which il afforded him. The
learned Gentleman required 10 some OF The
authorities which bad been adduced 10 shew
that The prisoner, though a foreigner, was a.
| menable 10 the Jurisdiction oi the Court; that
(, was the proper tribunal for he Investigation
Of The charge. and that the lime oi the COM
mission Of the offence as laid III the indictment,
| was he time according 10 the nautical reckon
| ing, & ina, The objection on that score was I'M
material. The evidence had indisputabiy es,ab-
lished the fac, against The prisoner; ne had been
proved 10 belong to thai class of persons just
iy designs,ed as hosies human g~sneris: and the
Jury, however painful it may be to their feel
in,s. were bound 10 return a verdict conso-
nan, with the,principles Of law and justice.
The court (by The Hon. J X. Waltley) brief
" summed up the case u the Jury; who re-
tired. and i'm a few minutes returned a verdict
OF Guilty.
TUESDAY, SEPTEMBER %.
On the re.assenlbiing of The Court, by al.
tournament, Joseph Luza"o Buysaa was brought
W, and being asked wha, he had to say why
sentence of death should not be passed upon
him, the prisoner made u long appeal 10 the
Court, in ex!enua,inn at his conduct. Inc
sentence of The law was then pronounced.
The other prisoners named in the Indictment
with Buysan, were thea pn, upon their trial
The same witnesses examined yesterday,
were brought forN ard, and bore testimony to
all the leading facts.-Henry Harrison and
Elias Harry Merryman Identified the PRISONERS
as part of The crew Of Las Damas Argeninas.
concerned IN the capture Of The Carrabo",-
with the exception Of one of them, H"norIo
Jose, who i, was proved had been aiken out OF
4 Portuguese Sh'r and made 10 serve as COOK
on board the Privateer, II was also proved
thai, the crew did not ship for monthly wages,
but on shares of the prize money.
The evidence being gone through at consid'
ersble length,
The Counsel for the prosecution and The de-
fence. respectively addressed :he Jury, ;hs Tor