American Republican and Baltimore daily clipper., 1845-04-29
TReported for the American Republican,
UNITED STATES CIRCUIT COURT.
Present, Chief Justice Tdrey and Heath.


Present, Chief Justice Ttn'ey and Heath.
UNITED STATES as. JASON l.. PENDLETos.
The prisoner is indicted under the law of
Congress of 1920, commonly called "Clay's
bill,'' for aiding and abetting in capturing and
confning seven hundred negroes on the coast
of Africa, for the purpose of selling them into
slavery. The law makes the slave trade pi1a-
cv, and the punishment on conviction is death
The accused was arrested at Rio Janeiro, by
the order of the Hon. Henry A. Wise, and with
the witnesses sent home in the US. frigate Con-
gress. The frigate arrived at Annapolis, and
the prisoner was brought to this city for trial
The prisoner was placed in the bar and the
Court proceeded to empannel jury, which
was not accomplished until the regular panel,
and large number of talesmen, which had
been summoned, was exhausted. The follow
ing named gentlemen compose the jury
Charles S. Sewall, George Kaylor,
Nathaniel Hickman, Adam Ross,
Shepperd c. Leakin, John a. Diffenderfer,
William P Mills, Walton Gray,
Richard Lilly, Antony Jenkins,
James J. Latty, James Buchanan.
After the jury were sworn, and had taken
their seats in the box, the accused, through his
counsel, Messrs. John Glenn, J. Mason Camp
bell and J. ]. Lloyd, Esqs, pleaded not guilty.
VIM. L. Marshall, ESQ.,, U. S, District At
torney, in short Speech stated to the jury
what he expected to prove, and proceeded at
once to call the witnesses.
Ezekiel Norton, examined. Witness was
one of the crew of the brig Montevideo. He
shipped at New York, under Capt. Redel, and
sailed for Rio Janeiro. Capt Pendleton was
then put in charge of the vessel, and we sailed
to Cabendo, port on the coast of Africa
Capt. Redel, previous TO leaving Rio, informed
the crew that they were going on an eight
months voyage along the coast Arrived at
Cabendo and discharged part of the cargo;
sailed to Sangatango, where we discharged
more of the cargo; went to the Boon River
and discharged the balance; took in ballast in
the Boon River and sailed back to the coast of
Brazil, arrived at Victoria, where we laid four
or five weeks, and took in cargo; the cargo
was taken in by Portuguese crew, which were
taken on board at Rio as passengers; the Ame-
rcan crew had nothing to do with the cargo.
Capt P. lived on shore at the time of taking
in the cargo; saw him on board once or twice
during the time. Capt. P. exercised his au-
thority as Captain during all the time we laid
there; was in fact the master Of the vessel
While lying at Victoria, some Portuguese car
penters were engaged in fitting second deck
to the brig; the deck was fixed in the hold
above the cargo; after the deck was fitted on,
it was taken up and put away in the wings OF
the vessel. About 1870 casks of water, with
large quantity of carena and calash, were taken
on board here. (Carena and calash is under
stood to be food used for the negroes) Sailed
from Victoria for Cabendo, where we laid for
three or four weeks and took in more water.
The morning that he left the brig, Capt. P.
came on board, and had her moved about a
half mile further down the river, ana SAID we
must all get ready to 60 on shore, as he did
not know how soon he would give up the ves-
sell The move was natural one to prepare
her for sea, so as to catch the wind. The
Captain stad about an hour, when he hauled
down the colors, and took them with HIM on
shore in boat. The Captain told us to come
on shore with Mr.. Baker, the first mate. AS
] left the brig saw that the deck had been fit
ted below. At the time the Captain had lett,
Mr.. Baker was in boat under the stern OF
the brig; can't say what he was doing there
AS we were leaving the vessel, met some boats
coming from the shore, with large number OF
negroes in them; they were going towards the
brig can't say how many went on board; there
were great many. All the negroes were
taken from the shore and carried in the direc-
ton of the brig The negroes on the shore
were all chained, with shackes round their
necks; witness was on the shore about twenty
minutes. The negroes we're all wild, and ap-
peared as if they had just been caught in the
woods.
Cross-examined While at Victoria, Capt.