American Republican and Baltimore daily clipper., 1845-04-29

Jarrett Rug Witness was a seaman on
board the honteydeo at Cabendo: came home
in her from C.bendo. Witness stated that she
had cargo of negroes on board. Some of the
| negroes were kept OIL the first deck and some
on the second. On the second deck they had
6S4, and on the first 200. The negroes were
all landed at small town called Capio. situat-
ed about Is miles north of Rio Janeiro. After
being landed they were put into large house
and then taken into the country by slave mer-
chants Witness stated as his reason for com
ing home in the Montevideo, that he was GLAD
OF any opportunity to get away from the coast
OF Africa, as it was so sckly there.
Here the evidence for the prosecution was
concluded, and John Glenn, ESQ, senior coun-
sci for the prisoner, stated he had no witnesses
TO examine, but would submit to the Court the
following prayers:
lst.-That the evidence in this cause show
ing that the prisoner was brought into the dis
trct of Maryland by force, and under arrest at
the time, does not support that portion Of the
indictment, which charges that he was found
within this district.
sd-1'hat the Indictment charging the Of
fences to have been committed within the dis
trlct of Maryland, is not supported by evidence
of facts done on the coast of Africa, and the
coast of Brazil
3d.-That the allegations in the indictment
that the prisoner was found in this district does
not give the Court jurisdiction over the case.
4th.-Ihat there is no avcrment of time and
place of confining the negroes, the prisoner
cannot be convicted on this Indictment
5th.-That in order to convict the prisoner,
it Is necessary for the jury to find that the pr-
soner aided and abetted in taking on board or
confnng the negroes, as charged in the indct-
n,ent, in order to make them slaves himself,
and not merely that they should be made slaves
Of by Others.
6th.--That the prosecution in this case be-
ing for felony that in order to convict the pri-
soner as the indictment lays the offence to be
secondary in its character, that as no such prn-
cipa is charged, or proved to have committed
the offence, that the prosecution cannot be
maintained.
7th,-That in order to constitute an offence
against the 5th section of the act of 1920, it is
necessary that the acts there described as Pira-
cy, should be done and committed whether by
the principal offender or by tho alder or abet-
tor on board the vessel by a person who at the
time OF their commission was one of the crew
or ships company of the vessel aboard which
they were committed, and that upon the cir
cumstances given in evidence in this case no
conviction can take place upon the act because
at the time of the confinement and OBTAINING
given in evidence the prisoner was not one Of
the crew or ships company of the vessel aboard
which said confinement and detention took
place.
J. Mason Campbell and ]. j. Lloyd, ESQ.,, two
OF the prisoners counsel, argued in favor of the
granting of the prayer they were followed
by w. l.. Marshall, Esq, for the Government,
who concluded about 9 o'clock last evening,
when the court adjourned until 10 this morn
ing. 1t is expected the case will be closed by
John Glenn, Esq, and submitted to the Jury
under instructions from the Court.