The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-20
INTELLIGENCE By THE MAILS.

| Nayton and Sedrs-7he Negro Refugees-Tssr
HoAd-1he Government yetoels--Ihe Sentence
| IN lie Epl-doers
Ihere are forty indictments against Daniel
Drayton, charging him with the larceny of seventy
four negroes, and carrying them away from this
district In the schooner Pearl in April. 1913 A
year ago he was convicted Oh one of the indct
ments. The circuit court, on writ of error re-
ferred back the matter to the criminal court for .
new trial, in effect under instructions, namely =.
If the jury believed that he did not remove the ne.
groes to convert them to his own use, they were
bound to acquit. The case having been, according.
y, again tried at the present term, the prisoner was
acquitted. The United States Attorney, determined
TO send Drayton to the penitentiary, engaged the
professional services of General Walter Jones, At
hundred dollars day. for three or four days;
but even tie peadings and powerful arguments OF
this father of the bar did not avail and the jury in
this case, likewise, rendered verdict of not guilty
MI hey, falling 10 convict, this morning en-
tered aote irosequr, and thus swept off thrty-nine
indictments at single hex! A jury was empan-
nelled, and Drayton, and Sears, the captain OF the
Pearl, were to be tried for transporting" the
aforesaid seventy negroes, and there were as many
indictments pending against each of these whites
To make short work of the business, these were
Jumped, and, after shadow of trial. the Jury res
tired-the foreman carrying away with him the
bundle OF indictments In the course of fifteen
minutes, the jury returned, and rendered verdict
of guilty.
The Judge requested Drayton to stand up. and
addressed him as follows sc Drayton, you have
been convicted on large number of indictments,
U don't know how many) tor Transporting slaves
out of the District of Columbia. II is utterly USE
less for the Court to talk to you about the enormity
OF the offence your own sense OF proprlety must
convince you Of its extent | have never before
is, that you pay fine OF $40 in each case (3lO,-
1907 ! have reduced the fine on each case $40,
because you have already been in Jail one year.
One-haf of this fine goes to each owner, accord
ing to the act of Maryland, 1886" I'VE believe the
other portion is to be given to schools or to roads
Mr. Sears, stand up. You have been convicted
of the same crime. You must feel the enormity of
ysur offence and gross violation OF law you have
committed against the people OF this District. You
came here in vessel, and secretly carried oft
more than fifty thousand dollars worth of property.
The outrage is unparalleled. You, however, appear
to have been an instrument in the hands of others
of those in high places, whO under the garb of
philanhrophy, despoled citizens of their property
They too, ought. to be punished Drssyton was
the next highest In guilt to yourself, and you seem
| to have been the tool-the catspaw. In consldera-
ton that you have committed the smaller crime,
and have already lam one year IN jail the sentence
OF the court Is, that you pay line OF 800 in each
case. ca, 400
The prisoners were conducted back to their old
quarters in the jail. Drayton has become fat in
philosopher, but Sears is suffering from ill-heah
They who got these men into the scrape, are 10th
to helpthem out Of it.
Tom Hand, alias Jacob Shuster was brought
into court to hear his doom. Three weeks ago,
his counsel made an application for a third or new
trial. and now the Judge proceeded to give his de-
cison. One of the grounds for the motion was,
that the jury had been tempered with, by an officer
giving to them a copy Of the National Police
| Gazette, containing structures in relation to the
trial This was of no weight, as the twelve jurors
had signed paper, stating that the newspaper ar;
ticle made no impression upon their minds, and
| that their verdict was predcated on the evidence
alone. The affidavit of Muloy was merely hear
say. The next point 49, the separation OF the jurors
stairs to get their dinners in the basement, and
were afterwards joined by the deputy marshal On
another occasion, Juror, with boil on his arm,
retired alone, to nave Il dressed ~ ms slster Bat
| the defendant =? There was no evidence to show
that the jurors were tempered with. On the con-
trary, they were eating where the prisoners wife
was staying, and if there was any tampering, it
must have been on that side. The third objection
is that the officer who attended the Jury was not
| sworn. This, as in the other two Instances, wa
an irregularity but unless II appears that it had an
unfair influence on the Jury, IT IS not ground for
| a new trial The great object OF granting a new
trial is not to correct an irreguarty, which the
court condemns, but to repair, in cases where in
Justice has been done to the accused. The fourth
point is, new evidence, proposing to show that, the
day after the robbery, colt, OF billet, which Jim
| Webb had, was found in the room where the theft
was committed and that Webb requested the person
who swore to the affidavit to say netting about the
matter, or words to that effect. The Judge referred
| to book of Pennsylvania cases, by Mr. Ashmead,
the new District Attorney, and other authorities,
to show that new evidence was not sufficient
ground for a new trial, unless It would require a
| Verdict different from that which had been gwen
! The mere fact that Webb lost colt, and that it
was found in me Patent Office, does not prove tbs.
| Webb left Il there. Were he (the judge,) JUROR
! this would have no Influence on ms mind. For
other rc4sors stated he expressed his opinl0n that
| he 5nsticA Tor new uial mast be oyerulsd.
Shnsier was required 70 stand up. He looked
heavy nus.ache adorned his fse,r, vf rdrc weeks
growth il ,eu La seened perfectly subdued, worn
down Qe.s5y, and conquered. sss~-o-s
Tbs 5.l!s.s addressed Aim thus' !" sfIlsier' You
have be ~ convicted, alter most lsoor.ous triai'
% n,s3rs - the tinted States The circumstances
NJ, tfr which the theft was committed, show
usndcrfpl adroness, and place it in atrocity be-
hiyond ordinary thefts The evidence on the trial
made il manifest that you committed the crime
| lfer mature deberatlon: 1t Is the duty OF the
| Conf 10 visit you with the severes punishment
I for extenuation in youth, impetuosity, and the
tenptation of the moment, and twenty other things;
/ but In your case, there no alternating circum-
| stances, You are, apparently, forty years OF age,
and cannot be excused on account OF youth. Even
/ the escape from the building was managed with
peculiar skill You departed like the ship on the
! waters, leaving no trace behind and with noise
less tread We know the weakness OF human ma
| tire but when men calmly perpetrate crime,
! they should be visited with punishment. The
Indictment of the court therefore, Isl that you be I'M
prisoned to labor in the penientiary tor the term
ll,,ee years-the sentence to take effect from the
rising of the present term of the Circuit Court.
The prisoner remanded to JAIL .
! Thus ends the chapter. Good bye to Sinister ter
] three long wears, unless he runs away with the