New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-12-08
Case of the Pearl Prisoners.


WASHINGTON, December 5, l54.
The Circuit Court OF this District. the supreme
tribunal in all criminal cssesior in criminal cases
no writ Of error lies in this District to the Supreme
Court Of the United States-has been engaged Tor
more than week past on two cases-Daniel Dfay'ob'
plaintiff In error. "a. the United states.
These writs Of error are brought To revic" sna re-
the conviction OF DrsytOn in the Crin'ha "ou'
Of this District two several Indictments LOT 'no 'S
eeny of slaves They are part Of the 80 Pear cases
Of the trial Of which last SUMNER before inc ''iiha'
Court here, seD, you some account
The counsel for Drayton in those trials filed no less
than twelve ti,, Of exceptions Ia each case 10 the
,al,nss ~ Judse Woodford, by whom the cases were
triad and of whose extraordinary conduct and de
ei,,ons on that occasion ! gave your readers some
,lsb, idea The argument of those wrts OF error be
fore the Circuit Court has consumed less than
DAYS 90 numerous and important the errors al
legged 10 be committed BY the Judge below Both cases
were opened tor the plaintiff in by Richard Hill.
dreth ESQ Of Boston followed by the District Attorney
and j. H. Bradley, Esq an eminent lawyer OF this city,
retained behalf OF the prosecution The closing
zument for the prisoner made the hrst by
Hon Horace Mann and in the second case by Man
devile Carlisle, Esq young and rising lawyer OF this
city Of great promise.
Beside other points Of great interest such as the con
color Ia the district presumption of Slavery aud
this amount and character OF the evidence necessary %
establish the fact of seryitude In the District the whole
doctrine of the law Of larceny was gone into IN the
fullest mannes especially the application of that doc
trne 10 the subject Of slavcs Mr Hdreth, IN his open
ing denounced the instructions OF Judge Crawford on
this point not only bad English aud bad law both OF
which might be very excusabie but as exhibiting the
appearance Of attempt at legal double cnfeRdrt pre-
serving the sound fo:m Of legal words but intended to
convey and actually conveying to the jury, totally
false and unOunded idea Of the law. lie denounced
Judge Woodford's definition OF larceny as false and
rotten unsupported by single Hdjudged case In any
book by any tried treatise Of any pretensons and IN
its special application 10 the subject Of slave property
M positive and direct contradiction TO the whole course
OF legislation In every Slave state Of the Union, and 10
every the subject to be found Ia the books the
boldest attempt at judicial legislation OF which ne Tad
any knowledge This heavy charge was pretty clearly
made in the Of the argument but Instead OF
meeting IT, Mr.. District Attorney, when he came 20 re-
ply accused the opposite counsel OF an ndecorous ana
unfounded attack the personal character of the
Judge.
MI Hildreth, In the opening OF the second case, de
MED explicitly that he had made any personal attack
ON the Judge He had attacked his instructions and his
law il those and the Judge personally that he
had pronounced rotten OF the Judge personally ne
had said but one thing, and that was that he was a
Pennsy lvanisn. And why had he said THAR To cx.
plain how happened that the Judge had given instuc.
ons not only ia contradiction TO the whole tenor OF
the common law, bat TO the whole course OF Southern
Iegislaton-s blunder with which Judge educated al
One OF the point made for the prisoner was, that II
was necessary prove the servitude of the negroes
alleged TO be stolen by something than the claim
OF the master And the was keped 10 that OF nm
indictment for stealing foxes Now, foxes being an
malls wild by nature there can be property in them
sufficient 10 sustain indictment for larceny at least
not unless they alleged and proved 20 be foxes
caught and subjected While Mr.. Mann was proving
this Illustration, the District Attorney who is better at
sqabbng than at law, wrote the following lines and
passed them along to the prisoners counsel
To Illustrate the point he . making
ala larceny there must be ataking"-
fox, he says cannot be stolen
BE be young or be he an old 'un.
Pursuing hounds say he q mistaken,
At least % far TO the taking.
II not long before the following retort courteous
was written the back of the same paper which was
left the table for the District Attorneys serious con
sideratl
Fox hunting abroad. and slave hunting indoors,
beg leave TO suggest, do not run on sllfours;
Foxes do not eat fOxes-bfuie natures have bOinds
But Mr. District Attorney, ouiboundlng The hounds,
Hunts men, women and children, his pocket 20 MI,
On three hundred indictments, at ten coAoysd biH
pretty fair sllusion To the ten-doar fee which Mr.
Attorney receives each Of the 3f5 indictments which
he caused to be found against the Pearl prisoners
The Court has adjourned for fortnight 10 take time
draw up s opinion. Very little doubt ia felt Of The
reversal OF the convictions. Another against
ssyres. the master Of the vessel upon which he was
hned the very moderate of 1900 with costs
amounting to s356, for transporting the slaves, yet re-
mains 20 be considered That involves also some
very interesting points