The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-11

hDy doctrines OF the OF evidence,
show that the testimony In this not Of that de
Of certainty aud force which would justify verdict
~ guilty He propounded the theory Of the prisoners
defence which he contended In harmony with all the
facts proved and that these facts not consistent with
the ground Of guilt set by the government lie also
advered with great and the varia
tions in the statements made by the captain and
against the prisoner In the dispositions made
after the death Of the second mate and the testimony given
by tn, in court and contend.d that the evidence Of
other witnesses board the ship tended thorough
ly to excupatc the prisoner than 30 fasen the crime
him. Many other topics were prepared with great abi
ity in defence Of the prisoner but this sketch exhibits
the main outlines Of the argument
MIR Ogden Hoffman, on the part Of the prosecution,
closed the argument in strain Of glowing eloquence
and power He combated the positions Of Law aud fact
assumed by the counsel for the prisoner and went into
minute examination Of the law and evidence contend
ing upon the whole case that It satisfactorily made
cut by the government:
!. That Havens TO his death by felonious VIC
lence.
.. That conspiracy formed on board the Glenn,
by part Of the to take possession Of the vessel
practically, and to by death such Of her officers
and crsw would BE- supposed to oppose it,
3 That the prisoner one Of the conspirators.
That he was participation in the preparations lead
ing 10 the murder,us assaut and not the person who
inflicted the mortal wound with his hand. pre-
sent aiding and abctting in giving the death wound
That the dying declaration OF Ravens to the prison
or and the silence Of the prisoner In respect to these de-
carstions implied admission OF the truth Of the
charges
that the circumstantiai evidence necessarily and
vitality points TO the prisoner being crminay
Germ, d in the murder
lie went into ample illustration OF hs argument, by
reference 70 the law applicable to his positions and the
fair bee ring and effect Of the testimony lie Is
tmpted report his argument in the Language employ
I'd by the able advocate, to give full outline Of his
train Of r.ascning. The Of the argument main.
tairt that the prisoner not only w,Iing
ter In the crime but the actual instgator Of the
CT me, and WAS the rngfeader in the offence.
Judge Nelson then ssid-tient,emcn of the jury, the
indotm. mt charges Edward Douglass the prisoner at
The bar with the wilful murder Of Asa Isven., the
bank Glenn upon the high on the 18th September
$50, 10y then and there shooting him with muskst
The count charges James Clement and Thomas
IL being present aiding and abctting ia the
der The second the first except It states
The a the Of the Glenn The third coun
charges James q, ment With the wf murder of Asa
ay,ps on beard the vessel then and there shooting
With musket; and Douglass, tho prisoner ut the br,
and Thomas Benson being present aiding aud abeta.
III The murder The fourth count charges Tn 1mas Ben
with the wilui murder of Asa A. iisvens bpsrt
tie y,ss by then and there shooting him with
kst Douglass the prise at the bar and rlsnept
iiIg prc-cnt aiding ard abetting the murder 10"
h,lh unit charges Thomas yenso with the lfa
DIR II Asa A. Hsvens on board the vessel by then ana
there striking mortal blow with axe find Douglass,
..s prisoner st the bar, and Clements being present
aiding nd abetting in the murder. There several
her counts in the indictment. varying the charge
20 III" Isrs who infected the mortal wound. and
aisp he instrurent that used for the purpose
e sit. an axe and varying the charge To the
f.r-G pr,s, mt aiding ard ale,tjng in the murder
Dir. i i unimrortant 20 refer particularly u them,
r'aiy Tie fret Ave counts which have referred
Tie ct II Congress upon hch the indictment j. found
- he act of March Cd 1875. 4. which providcs-
That any perron or persons upon the high in
nis aim Il the in any river haven, creek basin
Jay within the admiralty and maritime Jurisdiction
OF he nitsd States and cut of the jurisdiction al any
Iaftt MAR State h commit the crime Of wilf murder
srviy 'rch Itron 70 offending. sha be guilty Of felony
ard shail upon conviction thereof. suffer 49,
Ills i The act which d csrs the offence with which the
Fr'snsf l. charged and pr, scribes the puuihnent
II sd rw. IL order TO Ascertain what of the
~ what sort or description Il homicide
IL = ne q w;iful murder IL IL necessary To 10
~ d'tniinn a the crime AS given at common law.
Tile Conqic.s doef define IT, but simply ref
90 ic ci.ne a. well known and well defined offence,
ast pr ciibes the punishment brief description of
th' = ~. 1.-THE taking OF the life Il human being with
Gisi. malice II l. not that there should b.
ns, directed particularly against the deceased Il -
n IL .ry ic clib rate maliyniiy dcpravy In the
c.irett Tie party, which resulted in Deaths II
y, uif - p.rons conspirc together 10 do unlawful
49,. svsh ~ 10 commit flcny, and the death happens
n se pros sntioD Of tn design it rnarer To take
c.." ha!ifg mere Immediately upon tho before
II number " persons conspirc with
SID si"et &C. vcse and run away with her and IL
c.ay I" Kin any mon who eha oppose them in the
cr~iih ynw 10 further their design. and death
in Tie Iros cutinn Of Ill IL murdcrand ii only
iau.r in respect 20 the that inflicted the mortal
'ud Int ~ sA who we're present aiding and ai ttns
N hc sA,cutios Il tho design. Here there may have
en 40 malice IN the par Of any concerned towards
'ar asc.sssd but the act Ia which they engaged
ats unlawful srd ftionous. and Involved dsiii-rs.c
nal unity md d. prsv,,y which claracterzes the hon-
a. ~i'iuI murder. hasc said tina, all persons VII,
.tft PTsrtrh ding aud sIetiig in the to;mi- Ion 81
-, me wcir guilty 81 the murder II !. necessary
she should he actually present aiding assist.
a. vhfn tlp mortal wound l. given III srglicicnt
IT, { ~, - IL, consTnaors, cooperating in the genera
a'in ~ NE tnaccTdn- his all and a-i.tauce in sur
tiaF II. and h,iping on it, execution. Different per-
IN. may have dlH.r,nt parts assigned 10 chem. With
ss a. lrsrr, with greater certainty the 'nrttitn
- ' Wi,k,d isn; aud Ia purs uarce a tLis arrange
ntn IL ~nnt b. together when the mortal wonad I,
hAsi.d apd yet ~ Judgment 81 Law, aud ~ moral
.t,s nabcly thee acting IN concert, niug thclra.
ti. std te'ufasr meri 60 the general do-i- though
~ aciuasy rftsent. are just guilty tho
Att Nla Inflicted the lnurtni wound In I. word.
uHif 1'as g. cEnstsnc'.. 1t l. no matter which
-" .nA.'s 'h' wound fr. in juign~nt u la-. i
= fticis. ts ths had 81 al concerned Aud this -
hrr .hetier III g'Ls1al desgu IL t. ta4c ,he lie
= tHi'u'hi pfs'n, ,r u do sh nul,wiui act
-, = !. 81 80" prsLcSy chip the high seas,
{. 80 50 "ti.r fionS, and the d'ath ia the
pu#t,rtr II IL g'ncIr design, in which al engaged
Ntw ltiA nsr With th,,e prit cirles &C 10 in yvur
nlth 49, ceil y'ur attention Y" the rafc l-fore
That nrru' bee lscn nIDtiti on The ucn1, the
Ian 800 - y eon'r'e,s ihc question y vhtbcr
bot y D. hsh committed iJ the p,r.on I'd tlte bar,
" e II ngfd With Tho murder a. thc mac--isi. by
= tfit s'lH . b mu ket with his Laoi: ~. ny
-s he Tai sdiha AID assisting Clement. Bs-on ia
-. no. At'~ nl"n the inata ~iiit vii N III.
=" '"d. ~ - ty y ihg pre-. nj a,dng and ai-ting
80 l+i.- ~ uus eau ifg III. death So~, II
q" tf fit.r ehasss. sna \ !eeatpfs agt , fdctoriy
aet f't ~ ~. ,visae1 the pr.an,f T. guilty; H. Z
-N. - s-a ,eDfIfHi !" The onuc,r-s pr.-ui -clutuy
ef .fFt.sttts ai.iiE sfd sstitiE ln IL Hct the
81. csiqd ~ t. iseails inadr tui, i III. circan,-
stsu0 EtUt - yidsc.t Und, - f,ir AMI reasonable
tht n4tc. e. rn he IT, y tao pli.yn,r either
tn. 1,is,i n,rti-l .ruut i.oself ~ as having
len I~-ni tiaifg asd ss-,,ting Clements Ur H.n-
ttH b taastts M. A. - thc cirrusn.t9ntal evi-
=. sl. nttd po - s-i-lii.h guilt prurer caution
.tao,d ~ nt.u - -. tnst lh~ iu,ernc, SOUGHT
e r. asHrn a8N miriy sHd r'seoanhy ~armutot
hat u Ms@ me- Istafsi Hrd sit.mste CONCLUSIONS
g. ~ t,e .s.srt1.tr-. urd st.r consistent With the
t4'lttp - rra. Than - hnt-f pce. Coaeis snd
a.Ns fast--srfy @st Hpsa i.is sI,ct,s cy.donCe
IT. ntDritsrG rf'unsi juiist for nct of ihs cririe.
Hr stt n.Ja.ly o.apatt.I - III pft a.nce 4
tHaM.- Wtse 3 20 that ~ tssfhsrifei o. refs
tl a ..,ttn !, nd 49,. ti.,rc would y. iaacniAile
NG..4 a. Il ia A.