New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-08-04
The slave-steaIIng Cases.


NNit--f HNi-ilt ~ iAr btllullfr sun
WAsmNGros, Aug :, lols
The following is a statement Of the opionion of
the Court upon the points OF law submitted by the de
fence
let point-Thst the seryitude Of the slave must be
proved, not by the claim possession OF the master
but by such facts will bring him within the constiiu
ton and acts Of Maryland As authorize slavery.
d-lgranted by the courtl-To constitute the steal
ing OF slave must be proved that the prisoner com-
mitted ,respsss within this county by taking said
slave from the owners possession.
Sd and ith-lgranted by the courtl-Ihat the going
Of the slave on board the prisoners vessel ii proved
IS proof Of such trespss without additional proof
that such going on board with the knowledge and
consent and procurement Of the prisoner
5tb-That even If such going on board By the knowl.
edge consent and procurement aforesaid be proved il
not taking sufficient charge the prisoner with stes
ing, unless il be also proved that he knew him to be
slave.
ethTha, color in this District Is not sufficient proof
OF Slavery.
9TH GRANTED by the Court)-I'hat if the prisoner
found the slaves on board MS vessel without any prev
Gus act or knowledge on his part even subsequent
conversion to his would support charge
OF stealing for want Of an original taking
-th That to constitute stealing the original taking
away must be with intent 10 convert the slave 70 the
prisoners use and u derive profit, advantage aud
benefit 10 himself from such conversion.
ON. The transportation OF slave 70 assist him 10
escape from Slavery Is not such a conversion viii
constitute stealing.
10Th To this the Court said Merely 10 entice slave
to away without farther intent on the part OF the
encer i not larceny, although the ssye should run
away that IS barely enticing wItou any elonious
rying awsy-and that l. the Court thinks what the law
Of l15l was intended TO provide against
llth- To this point the Court ssid Merely 20 trans
port slave, If IL saads dl0Hs not larceny but if il
be preceded BY corruption Of the slaves mind and by
artiu means decOying him away and then feouiously
taxing and Transporting him, il Is larceny
l2th The Court said the act OF Maryland of l737 so
Tar a. relates TO slaves, = noe repealed BY the Act OF
20. CD e. sec 70.
l3th That convict the Jury must believe not ouly
that the prisoner only and carried the slaves
away and Of their masters possession sc but also
they must believe the taking was with feonious nten
ton
18th That if the Jury believe that these slaves were
taken board the Pearl with the intent 70 transport
them Free state then the offence comes under the
provisions Of the act OF 1926 and Is not larceny
18th The Court said on this point, that II the Jury
believed the prisoner took and carried the slaves
away, then he was not guilty.
To All this ruling the defendants counsel took ex
ception-
This morning, till o'clock the counsel were en-
gagged in preparing these bills of exception.
After this matter had been Opposed Of Mr. Kay al
dressed the jury orcibe and impressive array Of facts
IN the case and the application Of them under the
AZ o'clock, Mr.. Mann commenced 70 address the
jury in behalf Of the prisoners He took up the several
Instructions, given by the Court soG,hr, and argued
that the facts IN evidence would justify conviction
under any one Of these Instructions He concluded
few minutes hetors I've and tho Court .aen adjourned
Mr. Carlisle SPEAKS In the morning for the prisoner
snd then Mr.. Key closes TOR the prosecution.