New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-15
LAW COURTS.
u. :. DIstrict Court....T


TriaI Of Henry Johnson, mate of the ship
Martha indicted for voluntarily serving board SLAYER
The indictment charges that on the 6ih OF June 1872 de-
served board ship called the Martha for the trans
portation of slaves from some foreign place to, &c
MT Fvarts Assistant District Attorney appeared for the
United States and Judge Bebse and Mr. Morel for the
defense The defendant has been In prison ever since he
was brought home some time last summer
Mr. Evsrs in opening the to the Jury said, The s-
sue is Of criminal nature, In the prosecution ny the UnIed
stands charged by Indictment of having voluntarily served
board vessel engaged In the slave trade the pocy
and morality by which that trade prohibited IS familiar
10 YOU ell AS early az 1900 the Government of this
try passed law RRainsti declaring vessels ot ne ntd
States liable to condemnation and citizens or residents OF
tie United States punishable by fine and imprisonment
who should voluntarily board vessel engaged
By the construction Of the Supreme Court it has been
held that II IL necessary that slaves should nave
been actually transported enclosed wltho the vessel
but Commencing VOYAGE the intent of which TO carry
slaves although she should be arrested before eSchn he
point where he slaves be received on board the
vessel as II is called is guilty and all bosrd ~ Der II
citizens residents Of the United States LAME u punish
ment vour ariy az that should be case being engaged
The general fsct are that the 9Th Jure 1854 the ship
Martha, being American vessel was on me coast u
Africa within thirty miles Of AmbrlZ anoed slave station
standing n for the shore she was aHesea oy inc tIN
examined searched ard sent home 10 New-l0fs lie g
she has been condemned and forfeited The facts Of tue
course, position. appearance aud cargo OF me ta W
s he detailed 10 YOU bv The Lieutenant Of the Perry, who
came home in her and Others aud you viii be called upon
10 decide whether this vessel wsl employed In the save
trade within the construction alluded TO- and haVlog asce
sined that she guilty the only thing VIII be wnsthe
this msn was voluntarily serving board OF her knowing
her to be engaged in This unlawful traffic we VIII sh)w
that he was hrt mate and the question w be ne knew
lie larscter of the voyage If think he did your
dict must guilty but If not he must be discharged
The indictment brought under the "a and sd sections OF
the act of 1900 vol Statutes al large p 10 which proVoe
that 1t 81 all be unlsw fu for any citizen OF the u or per
son residing therein voluntarily TO terve on board uhoe
pepatv OF foe not exceeding 5000 and imprisonment MOI
exceeding years. The hrst OF The sections pionlos
American citizens residents from serving IN the aue n
An ercsn and The other from serving in said ra
on board foreign vessels r,, NJ Z .sid
viii be found 10 the Of The L. 3 vs. MOTIFS IA re-
tiers, 464. - . ,.,.s ,as s,so
brought home in The vessel and was required 70 'S
in the sum Of $500 with suretes or be committed Two
IN real estsl Cant NJ left the City and
prosecuting the recOgnZances the sureies were Iouna "
be worth nothing They have all, we believe now iei' INC
Entr the opening to the Jury, Mr. Eyarts called as a
witness, the Lieutenant Of the Perry. v.--,
in June last on The coast Of Aries, lat 80 south -.
Judge Bebee here in and asked favor that the
dispositions shoud be bret read so that The counsel IN ne
cause who will here Tomorrow may be present when
| Lieut. is examined This was scceded TO
The dispositions Of some oftbe prize crew OF me refI
snd also Of the second mate and Two three se-nen Of
The Martha read showing that as the boat OF The PER
~. under command Of Lieut. Rush, boarded The Marina
something WIS seen from the deck of The Perry, 10 %
thrown from the cabin windows ofhe Martha aud asecono
boat was SCI from The Perry pick up proved 70
be- writing deck containing papers. Il wss also SHOWN
hat after Lieut. r boarded the Martha, he ask-d Up
rsrers Cant SAID he had no papers. Lieut. said he
fSd and befe wsss vysy 10 make him give them Capt
NJ then put his hand In his pocket ana gave papers W
Lieut. r. ,.... A.
II was also shown ihst on he Perry boarding 'he mar,
TIA no one on board but Captain NJ aud Two forward
harda could uudersars any Eughsh, Dul on me way io
Nj johnson showed That he could sp-HA Ehsn'h nc nc
outhst be did lot understand c.nsrisa ss's ~
Spanish or POrtuFese, "dout uno -rslaho Ius ss
r within week OF sR1dy hool Nuei nS y - -
acesn shirt sud sflerwsrd he could sIeaA Enssn A.
well Buy of u.s. slated by one OF ne oeposous ei
Ion but married in Phsdeo6a Ia was also shown that he
IL 1Trar
belonging 90 the prize crew. said that Oeg hooul "
for Philsoe phs Mr. j. asked him 10 Inquire mere Or us
family, which be oid ard Mrs j. said she he1 lV' se uo
husband for iwo years. =. -.
The vessel Il was shown started from Rio, Mr. J. being
then fret mate; she had - men before the as
aguay where she took en- board large quantity OF wae
and barrels full Of something, Of -four spanish cap
tam Portuguese male and number Of men OF dlueren'
nations joned p as part Of The crewmaking % IN S
Capt NJ cor linued 10 command.
Some OF the meD In their testimony said II was under-
stood al the vessel was bound the Coast OF Aca
snd that A on board knew it-whe others among whom
Nxas Robert second mate who stated himself 70 DC
a native Of England and 10 have shipped al RIO sa,a y
was understood al p that the marthe was hound ior A.
passo snd they did not suppose otherwise I'll boarded oy
stated by the witnesses that the Perry when she
approached the Mathis did not display any cooTs ana INC
near enough TO lhe NJ discover that she was
an American the American colos were hauled down
On board the N. aud Brazilian ones hoisted. -,
II was also stated by witnesses mat CA< MsIrl siAel
while coming home. that when they were seized Ihey were
bound load Of slaves ard he had had SIX hours ong
or he would have had his load In, and ne nA e ferIy
ard 70 other vessel would have taken him Some Of the
Portuguese belonging the NJ Dragged; the wltnesse,
said that If they had had six hours longer they woui
hAve lad 500 slaves on board and some sau eoJ ""ule
=, sss sbevp ,hst some Of the Portuguese and other I'd
oonaI hands who shipped al Psransgusy do 90 iot -
parsisoa AT e4a moaIh To be oonuaued his ''fon00n-