The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-31
WAsHI~GToN, July 20, 1913.

when the sourt closed. yesterday afternoon Mr.
Keys the District Attorney, engaged In an argu-
ment in favor Of allowing man, by the name OF l.
eus Winters to testify to the character Of de-
fendant 1t appears that about fourteen months ago,
the defendant endeavered make angement for
the sals Of stolen slaves with Joseph s. Donovan Of
Baltimore, whose agent Winters is The offer was in
dgpantly refused and given to the poos
to be the look out for Draytop the defendant Mr.
Carlisle for tie Defence conte that evidence M
conversations SO far back could not be admitted az
evidence Of the defendants mind, when the transan
ton for which he is now being tried took place The
argume mt continued this morning. The Hon II.
Mann. for the defence warmly contended against the
adms Of the eviden ce that there was no conn.c
ton between that offer If made the present tran.
sactlonand that If it could b. proved the dfeu dsnt
went TO Baltimore and made such proposition to ut
ter strangers, II either proof of insanity or
mere JOKE which from knowing that the Balti-
more man was a trader in slaves The Court decided
not 20 aow Inc testimony upon the ground that the
were not AT all nected; the ength of
time which had elapsed OF no material .conss-
quenee II con elton had been, was sought to be
connected. NO eyde could b.. admitted which vas
not directly relevant to the point at issue
Mr II. ChAIe witness examined yesterday, was re-
called to prove that great deal of existed
when the prisoners were brought to Washington The
District Attorney objected to such evidence Mr.
Carlisle contended that it was right to show what ds
monstrations made to alarm the prisoner mind
and that it caused him to deny his masters the abo
litonist that fact cowardice alone was his motive
in erdeavoriDg TO prove himself pirate rs Their than
connected with abotonism The Court over
ruled the further questioning of the witness mon mi;
point The question which objected to by the
District Attorney was, Did you observe any weapons
In the han ds Of the crowd 20
KELLY LAMBELL stated that he knew the prisoner for
about year; he made several trips here with small
sloop last summer with cargoss of oysters aud wood
He stated he sailed for his health and not to make
money
Mr. CARLISLE objected to this testimony for the same
reasons as Winters evidence was objec ted to.
The COURT had no objection to witness proving the
OF the prisoner Washington but sustained
Mr. Carlisle to stating what took place.
The WITNESS continued, stating that he the
schooner Pearl lying at the wharf Georgetown abe
was not fully loaded: Drayton sa'd that he had en-
river to Philadelphia, but that he could not at the
time get full load, he brought few Of wood e
Georgetown. The prisoner stated, that he did not
bring the wood to make profit, but merely az ballast
He sold it to Mr. Thomas Reilly for half dollar sord
more than he gave for IT, There were Is cords-ths
OBSERVATION-DISCLOSURES said he only offered it
to Reilly, and accepted the first offer made-S2 ssrd,
at 60 days.
Mr.. CARLIsLE-That will do, Mr. Lambell Pm done
with you.
And of he started without waiting for the 81 as he
entitled to, rejoicing doubtless at getting rid Of
the dirty atmosphere Of the court:
This closed the the part of the prosecution.
Mr.. MANN addressed the jury for the defence He
adverted to his position stranger and entertain
ing different opinions upon certain SUBJECTS which
doubtless entertained by many, if not all the
jury. He, however, thought there was common
g ound upon which they could both stand duty.
Both the jury and himself were sworn not to swsrys
from the path Of truth He appealed to them drop
and try the prisoner solely the evidence Give not
said he the phantom Of seeming right, end the sub.
stance Of injustice He referred to the immense
of indictments which had been prepared. II found
guilty Of stealing he could Dc imprisoned for eight
hundred and forty period, which even Methu-
salah himself unless taken in his boy hood would fail
in serving out and convicted of the offence
(of assisting slaves to escape he could be imprisoned
and fined $4,000, sum which he could hope to
pay The costs to the government were to be sure
drop in the bucket they would only amount to
$s,as0 for the District Attorneys fees.
Here MIR. KEYS the District Attorney interrupted
MIR. Mann, by denying this asserton-the gentleman
had not sufficiently acquainted himself with the fact
MIR CARLISLE explained, that the Attorneys fees
were limited to $4,000 per AM num- but until that sum
was reached, ten dollars for each Indictment allow
ed There were upwards Of 300 indictments in the
MIR. KEYS exhibited good deal of irritation. when
the Court interfered and said that Mr. Mann SHOULD
be permitted to proceed
Mr. MANN continued by adverting at length to the
unnecessary costs which had been accumulated by the
victed--if convicted-upon ofe nee and he could
not after serving out that time, be again taken mp
entered into lengthy explanation of the law
as regarded the difference between enticug and
stealing slaves The prisoner had been indicted under
four Maryland laws separate indctme under each
law and he (Ar. NANNY submitted it, that the pri-
could only be convicted under law for
offence and not four times convicted upon crime
Nothing had been introduced which, If proved would
justify the conviction of the prisoner except for alb
duction and that crime was not upon trial now The
law with regard to wild animals, that until
duced to the possession of party was pro-
perty in them and when they escaped from such pos
son could not be guilty of larceny If he took posses
sion Of a slave whilst running away; and that the
Of runaway slaves who had left their masters Ssfors
they came on board the schooner. The constitution
no where mentions the abhorred name of slave. The
master cannot grind up the bones Of the persons
holds in servitude to fructfy his land cannot cut
persons" the constitution has it and in order to
prove larceny you must find that the person
ed had appropriated the services Of the persons''
his own gain 1t must be proved that even il the pri
soner did take this property from the hand of the
owner yet If he did not take it, iueri csusa dis
honorable purposes, he will have to tried under
other laws he meant not to appropriate their serv
ces to his own use, but to convey them free State
The law of nature every man is entitled
to his services where positive law does not
exist to the contrary the law Of nature Is in force
tilted the time when the offence charged occurred by
the light cesson which the night be-
FORE in honor Of the French revolution and contrast
ed the sentiments Of the speakers that occasion
with the purport Of the present trial Senator Foote
was literally quoted from (The first time the gentle
man was ever brought in as an abolitionist, We
The CouRr interfered here and said IL was not dis
posed to listen to TRADE against the institutions Of
ut win starte not only Mr. Foote but also his warm
est friends to hear that his eloquence is magical
to have been the cause of the fight of the slaves
Mr. Eoote after ALL Is abolitionist Disguise and
the good people of Georgetown should petition for his
removal rom amongst them His threats towards
Mr.. CAnLrsLE said, that he thought The Court was
mistaken as to the Of his colleagues argument
He (Mr. C9 had always breathed Southern air, and
was the last man to cit quietly and hear her nstitu
show that the tendency Of these speeches Senator
Foote'S principally, to the minds of the slaves
at work and to induce them Of their own votion to
endeavor to procure their freedom. 01f -''Il.
The CouRr observed, that man must be very dull
who did not the drift of the argume and 1t could
not sit there quietly and listen to an innammstory
argume mt against slavery which a recognised In
stituton.
Mr. MANN wished briefly to show, that by the laws
Of nature, all men fee-that by the laws Of
commu mites, certain classes considered pro-
perty and that as this property became vauabe its
tenure became less secure and that, the slave
quired intelligence, he became Of the speeches
which were daily printed in this city and that thew