Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-12-02

seems to float in an ideal world Of imperishabe gran
denr and beauty.
did criticism, through the hole stud, but shall
take future opportunity of anal sing the entire dra
matte talent Of the quadrupidal corps Of artists.
| u. sACircuis Court.
/ Present Judges Thompson and Belts.
| Nov 3O.-1ne United States We rsus Isaac T.
Act, passed lOA May, $780, The District Attor-
| ney briefly opened the on the part of the go
| vernmest, and cited the law which he intended to
rely for conviction, if the facts should be made
gentle man also made severe remarks the
prostitution of the American flag to the nefarious
purpose of carrying on the the slave trade
Mr. Hamilton said, that before the examination OF
the first witness was commenced, he wish d TO as
cert aia which count in the Indictment hey!neant TO
proceed on The first count charged the accused
with serving on beard American vessel called
the Butterfly, and the second charged him with
serving. at the period of time, board the
schooner Butterfly, foreign vessel The learned
gentleman contend that his client could not be
serving on board of two vessels at the same time.
The Court said, that il the indictment charged
the defendant with being board two distinct ves-
sells, it might have some force, but AS it
question Of ownership, the court thought the defen
dants could not compel the prosecution 10 make any
election.
Robert Thomas examined.-I am officer in
IL. b. M. service, as master assistant 10 the Dol
phin, commanded by Lieut. Holland. That vessel
slave trade, on the coast of Africa. In the month
of Sc ptember, was at Sierra Leone, and saw the
schooner Butterfly brought in that same vessel now
lies in the harbor Of New York. She was captured
suspicion of shaving and in the belief that sne
was Spanish property. The prisoner was on board
at the time, and, at a subsequent period, she was
placed in my charge to come to New York.
The District Attorney was proceeding to enquire
Of the witness respecting the fittings OF the Butter
fly, when MIR Hamilton, jr., objected TO any testi.
nony on that point, because the search was not made
by competent authority but without the least shadow
OF right on the part Of the captors.
The District Attorney having replied his Honor
Judge Thompson delivered the opinion of the court
HI Henor said the court did not deem the question
Of the right OF seizure by British Cruizer 10 have
any thing To do with the matter before Meth
err did the which had been cited apply to this
case; they were vessels claimed by the captors and
not prosecutions for the nracton of penal statute
proof ana u,.aa 49, :. r.rn;si.d an i.s--S--s
the enforcement of the law. IL was q question De-
the two governments and not to be nooed here
The court therefore, overrued the objection and d.
rected the the District At orney to proceed.
Examination resumed. The vessel had twenty
four large leaguers, each capable OF holding from
two hundred ands fifty to three hundred gallons OF
water Six Of these casks for holding water were
made up, and ely htsen Of them called shocks were
in the hold Two such casks would be sufficient Tor
an ordinary crew board such vessel as the
Butterfly. Vessels employed in the slave trade are
fitted up with such conveniences for carrying water
for the negroes.
The Butterfly had also a quantity Of timber ready
10 fit in for slave deck. The timber and pianks
were all found on board and marked with red chalk,
as if by carpenter, TO show where they fitted to-
gethcr. A carpenter could have put the deck upin
one day Slave coppers we're also on board, similar
TO what have been found on board OF slave amps LOT
the purpose 81 cooking for the negroes.
The cargo next proved from the bills oil Ia
ding, which the witness identifed together with the
two logs, and other ships documents The papers,
books, etceterss, the witness said he had received
from the commander &c the Dolphin Such cargoes
As are on board the Butterfly are commonly carried
to the coast Of Africa by vessels engaged thes
trade.
YOU about his capacity on board the Buttcrnyl
wItness--He admitted that he was the mastert
The District Attorney produced the register, da-
ted at New Orleans and endorsed on the PACK ,nas
sNathan Farnsworth had assigned the command OF
the butterfly to Isaac p Morris, IN the presence OF
the Consul of the United States at Havana."-Sign-
ed. -. A. smith, Vice Consul y :.
Cross exansine The vessel was rot IN her d.
rect route to the sle Of Principe when captured
1 understood she was going TO ST. Panls tor water.
The casks found on board were peculiar Tor the
slave trade, and IL saw them IN coeper's shop
should say they were for that traffic. The planks
were slowed on the side ofthe vessel, and not below
the cargo. believe there were more than twenty
persons board at the time Of the capture. Palm
oil is ooe Of the principal Articles OF expor, rom
would carry q similar cargo to that on board the
Butterfly. Portuguese penant ~ on board the
Butte rhy, but IL never hoisted while was on
board I had occasion to speak a vessel, and then
hoistsd the American ensign. ! tied the Nag In
Knot, which deemed . signal tor bat to come on
board
BY M. Cutting.-I have never seen any slaves or
negroes ON board the Butterfly. have no knowl
edge Of that vessel having been actsaly engaged in
the transportation OF slaves from port to another
George Darling examined II was one Of the crew
ef the Dolphin, and on board when she captured
the butterfly OF Cape vt Paul the coast OF Africa
The prisoner was on board Of the schooner and said
he was the master. I do not know how many per.
sons were on board He was the only American =
TIE others were Spaniards
This witness gave similar account OF the cargo
to that testified to by Mr. Thomas.
Cross examined.--The Butterfly did not attempt
10 escape from the Dolphin. We fred shot and she
hove to Immediately. The papers were not asked
Tor until next morning and the prisoner gave up the
papers Immediately. The prisoner was overhsuIed,
and was the sapercargo, and Soma doublcons
found on him. The passengers and crew were land
ed nj Quittah, and their clothes and necessaries
giyen up to them. saw no slaves or negroes on
board If there had been any slaves the cargo would
have been out Every man requires three pints Of
water on that coast per day. The usual watering
plsces are 81 Pauls and outtah, thoosh Ia ser.
| vice we 70 IN Princspe. R#a
| The OsSendast's counsel called cnsiwitness, and
| he only vas asked II FarSswsrth wss On American
citizen M@