The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-06-12
THE DAILY UNION.

put cargo Of slaves on board then, forsooth, il
was to be presumed--the hypothesis must be sus-
| tanned that he only 10 take home a little cargo
of salt He knew the jury were men of plain com.
mon sense, who would not look at the little niceies
and technicalies Of defence, but at the papable
character Of the circumstances and facts in the
He for one, was truly sorry that Captain Flowery
was guilty; but the law must have its due course
He indeed regretted that the punishment of the law
was TO be imposed upon him, and that his liberty
IN all probability, would be taken from him for
period Of seven years. But Captain Flowery him
self cannot object to this. He was about to take
away the liberty of three hundred and fry human be-
ings expose them to the horrors Of slave voyage
and then sell them into nerminable slavery. Can
he complaint Certainly not. The penalty for this
heinous offence right; 1t was fair; il was just
and finally, il was the law of the land; and as
minister Of that law, and standing here the repre-
sentative of his government he called upon the jury
to be true to their oaths and render verdet the
facts in the case.
Mr.. Rantoul closed at IL o'clock having spoken
nearly two hours and half The argument is con-
sldered by some of our abest members of the bar
one of the most powerful and intellectual efforts ever
made in our courts. He spoke without minutes,
and without any reference to the notes Of the evil
dence, save only when particular points called
IN question.
BY consent Of counsel, the annual report of the
Secretary of the Treasury relative to the commerce
of the United States, and the particular notions Of
the trade between this country and Africa, was put
into the case for the consideration of the jury.
Judge Sprague then commenced his charge to the
jury, and spoke about hour 1t was confined to
the legitimate province of the court, and left the to
jury the sole consideration Of the evidence.
He said the first thing they were to inquire into
was the offence charged in the indictment, both in
the first and second counts. The offences alleged
were in effect one and the same, and only one sub
stantal charge was presented. The
oil 81 c.,t &c Il IL
nce of the jury to examine questions of fact, and OF
the court to expound the law The jury were to
determine whether the case was made out by the
evidence adduced on the part of the government
The Judge then proceeded 10 examine the points in
volved in the allegations. If the evidence showed
that the allegations true then the offence Of in
tending to engage in the slave trade was made out,
and the intention was formed at New Orleans, when
the voyage was commenced. In the opening argu-
ment of the defence, some remarks were made about
an explanation that might be made by the defendant
The court must say that if here was any explana-
ton that could be made by the captain consistent
with his innocence, then was his duty to have ex-
planned it, the process of this could reach
every section of the United States.
After some impressive reference to the duty of
the jury, Judge Sprague dwet the alleged con-
tradictons of the witness Antonio, which could be
reconcied by regarding the manner in which his
swer might have been interpreted to the court or
jury. A misunderstanding Of his remarks might
have mised the counsel. He dwelt also upon the
direct evidence in the and finally remarked that,
if they considered the charge as made out by the
circumstances and direct evidence in the case then
they were to return verdict of guilty--oherwise,
of not guilty
The jury retired, and after being out about one
hour, returned at ten minutes past two O'Clock,
p. m. r..
Clerk. Mr.. Foreman, have you agreed upon your
verdict
Foreman. We have. .
Clerk Mr.. Foreman, is the prisoner at the bar
gully or moi guiLy2
FOREMAN. GUILTY.
Clerk So you say, Mr.. Foreman, and so, gen.
tlemen, you all say. .
The jury then sat down-but the foreman soon
rose, and said:
am requested, may it please the court, by my
brethren the Jury, to recommend the prisoner to
the mercy Of the court.
The prisoner will come in for sentence on Mon.
day.