The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-08-11
Correspondents of the Baltimore SUM-

W D
WASHINGTON, August 3, l84S.-The following
is a statement of the opinion of the Court upon the
points of law submitted by the defence:
ls-That the sevltUde of the slave must be Desed not
by the claim possession Of the master but by s Gs as
will bring him within the constitution and acts OF Myiand
BIZ tie Court.-The ownership of slave, trial for
stealing him. must be proved precisely the ownership OF
any other piece OF property 1t 10 not necessary to DO more
than to establish generally that he owned By the alleged
and held and possessed I sucn by Sad owner
Id GRANTED bU the COUrtl-TO constitute the stealing
of slave be proved that the prisoner committed
teSpass within this county by taking SAID slave from the
3D. and ih-[Gran Jy the CourtlThat the going Of
the slave on board the prisoners vessel proved / h9 PROOF
of such espaS without add lOna proof that SnCh gong on
board with the knowledge and consent and procure
5h-That even if such going on board by the knowledge
and procurement aforesaid be proved 1t not TAX
ing sufficient charge the prisoner with stealing unless be
also proved that he knew him 10 be slave; ,
BU the COHTt-lt Is not necessary that the prisoner shOHu
have positively known the slaves alleged to have been stolen
be such If were there could never be conviction ior
that he should have known them to be Andrew Hoover
slaves Ii sufficient the jury find from the evidence that
they did belong the prisoner and that he had reason
believe they belonged to one else and that he was
violating the rights OF property OF citizen or citizens OF TINS
DiStriCt-and in point OF fact, did so violate them
6th-Tha Coo IN this District not Sufficient PROOF OF
slavery. ,
in this District but the presumption may be and Is easily re-
PEELED by proof that the negro passed as Tree and when De-
ing made the parties wOUd be put to direct evidence
7th[ Granted Jy the COHrtl-That the prisoner found
the slaves board his vessel without am previous act or
knowledge his part subsequent CO aversion 10 ms
own would not support charge OF seag oi want Oh
sthGTha to constitute stealing the original taking away
must be with the slave to the prisoner
and to derive profit advantage and benehL TO himself from
BIZ tie Court do not think that to constitute stealing
the original taking away be with intent to convert the
slave the prisoners use and derive profit advantage
and benefit to himself from such The stealing must be
feOnOus-the definition Of larceny the teonouS taking
and carrying away the goods OF another (Black stone
This definition must be used in constituting the act OF Mary
land OF 1871 ch Statutes must be construed by ard out
of themselves but when they terms known to the com
law you resort TO the common law to see what
the terms mean telonlOuS taxing, tRe taxing umyy
furaRd or as the civil law expresses 1t LacT1 caH$a
This desire of gain the Court Of opinion need not to be to
the article stolen to his the takers own use nor TO
obtain for the thief the value IN money Of the thng stoe
If the is ieOnOu and prompted by the desire TO OBTAIN
for himself, another even other than the owner Hy
GAM any other inducing advantage, or dShohesl gam
1t is in my judgement larceny. .,.
9hZFhe transportation OF slave to assist him to escape
from slavery Is not such conversion as VIII constitute
j6fRTo this TIE Court said: Merely to entee slave to
away without further intent the part OF the entce
Is not larceny, although the slave shoulo run away ha /
barely enticing without any telon0uS carrying aWay-ahq
that the Court thinks, what the law OF I7I was intended
lItH-To fh point the Court said Merely to transport
slave il stands dt0nc is not larceny but II 1t be preceded
by corruption OF the slave MIND ana by anu I'll means aecoy
ing him away, and then eOnOusy taxing and transporting
him. II Is larceny --,- p
I2h-The Court said the act Of Maryland OF 1877 50 Ia
relates to slaves as not repealed by the act oil 1850
I3h-Fhat to convict the jury must believe not only that
the prisoner not only took and carried the slaves away and
ont of their aers possession etc. but also they must be
Geve the taking with a teOnlOuS mention ~,
The Court gave the instruction with this addition Iha
eoniOus taking Is taking ammo an0 etc. as explained
i4bTHat If The ury believe that these slaves were taken
on board the Pearl with the intent to transport them to free
State then the offence under the provisions OF the ac
of 1885, and Is not larceny. ~,
The Court gave the instruction with this addition That
the Jury believed that the prisoner before receiving ne
board mbued their minds with discomfort persuaded
them to go with him. and by corrupt Influences ETC., caused
them TO his ship ann ieOniOusy LOOK ana cIee
them away. then it was case OF larceny.
15h-The Count said this point that the believed
the prisoner took and carried the slaves away then III
not guilty.
To all this ruling the defendants counsel took
exception.
This morning, till O'Clock, the counsel were en-
gagged in preparing these bills of exception.
BIZ the Court-The mere transportation of slave with
ths District But ii such transportation be preceded IN tn
Judgment of the jury, by seduction of the slave from hi
duty and corrupt influence on ms mind which induces h
to comply with the desire of the seucer, that ne shOG
| MED If the taking were ieIonioLs be larceny.
After this matter had been disposed Of, Mr.. Key
addressed the Jury in forcibe and impressive ARA!
of facts in the case, and the application of then
| under the case Mr.. X. also explained the caus
and necessity of the manifold indictments and win
| dictated his own course most triumphantly, from
| the insinuations and imputaiions thrown upon HI
official conduct.
At o'clock, Mr.. Mann commenced to address
the jury in behalf of the prisoners. He took up tn
several instructions, given by the court seriQti8
| and argued that the facts IN evidence would no
Justify conviction under any of these instruC
! Tons lie concluded few minutes before five
and the court then adjourned.
| Mr. Carlisle speaks in the morning for the pr
soner, and then Mr. Key closes for the prosecution