The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-07


entitled to challenges. The jurors called and
fter seven peremptory challenges the panel
hausted when eight jurors only had been empannelle
The Court ordered additional panel Of twelve to be
&urned by the Marshal forthwith and the following gem
4lemen sworn, after the exercise Of three moro
challenges =
l. Andrew Irwin. Z. John J. Talman
Q Edwin Hyde. 8. John Mclean, Jun
8. George II Morand Q. Ralph woodford.
4. William Glover. 10. John p. Brinkerhof.
5. James II. White. IL. William Yanderwkie.
9. John Mor. II. Renhod Hubertus.
Mr. Joachmson proceeded state the case for the pro
secuton He said
Gentlemen of the Jury-The prisoner at the bar James
Smith il indicted for violation OF the fifth section
ahe act of Congress passed May Is, 1920 which will
read TO YOU to enable you to understand the
kure Of the offence with which he stands charged The
section provides that
citizen Of the United States being Of the
'sssa s the
ri: s syssd mh s
si:S. United states sa fsTsisiy soasas ses. ID
in on nc h 10 ss s
either The States Of Territories tho United States. with
: @
~:
such mula,to slave, shall land deliver
sas Or
sSd s. nsssS or slave such G,Sn Or
ss.. ci,sa United satss zig district
The nature of this case, gentlemen appears to you
from the section have read. The prisoner is indicted
for Of the highest offences known to the law He
IL indicted for that he, being citizen of tina United
States and being on board vessel called the Julia
aIoulton, received board Of that vessel quantity of
negroes, with intent to make slaves of them He i in
ctcd for having forcby detained such negroes board
of such vessel and for having received them The
Veral counts in the indictment such 70 the
offence alleged against the defendant need hardly shy
fhat do not purpose in my opening to say anything
sas s % o 1 a s % sa one s which
all civilized nations have stamped piracy. They have
shall engage in this awful this demoralizing ra6c
Of taking and bringing them to any place FOR
the purpose Of their being sold slaves he shall
punished as man not fit to live in the civilized worh.
am sorry gentlemen, that the attention OF the
government OF the United States has had to be called
to this Iregre that the officers Of the government
should have been placed in the position OF having to pro-
secute any man, haling from part OF the United
States for this offence II is to be most deeply regretted
that in city, holding il does, high place in
zhe estimation of the world NJ large the emporium Of
commerce. we should be called upon TO say on the
oath OF jury and the action OF the Court that this
city of New York has been asgraced by harboriny
men who who engaged in the slave traffic. and who
had sailed from this port with the intent Of engaging in
At Now in this case gentlemen, shall prove to you
something like these the prisoner at the bar
was the city of New York, in January of this present
yearhat he went from here 70 the city OF Boston, and
was there until the first of February; and that in the
city OF Boston he completed the purchase OF the
American vessel called the Julia Moulton She was a
brig Her length was 81 feet 10 inches her breadth
19S This small craft gentlemen, cleared under the
command Of the defendant from Boston for this port
She LIST February She sailed from Boston in ballast
and arrived here between the 18th of February
lying think, at Pier No IL, Fast River. On the 18th
New York. She cleared under the command of the de-
PENDANT for voyage to the Cape OF Good Hope aud
market and back to port of discharge in the United
States She carried Of believe. fifteen persons
eome of them youths of 10, IL, Is years old How
these board of this vessel what the repre-
sensations made TO them by whom they were
made and what inducements held out to them to
go board and engage In this traffic will be proved to
House with manifest of n cargo Of beans, corn
meal rice, bread beef, -four, and wooden ware ;
but in reality and in truth that vessel had on board
everything necessary to fit her at for the ranspora
1on of slaves. She had sufficient water-she had suf
Acent proyisions-she had the materials for laying
ave deck and will be proved TO you in proper time
4hat the slave deck laid in that vessel She cleared out
from the port you will perceive with most innocent
cargo yet that not all her cargo. She cleared
out by the defendant James Smith, who represented
himself at the Custom House being resident Of New
York citizen of the United States and the true and
only owner of the vessel That statement was made
here oath. He (Smith) Joined as sureties by Mr.
Bogart, Custom House broker and by another person
named Smith She here received at the Custom House,
in consideration o. this oath and OF surrenderng tenn
porary register taken out for her in Boston, new regis
Ger Her papers being strictly in order, apparently the
vessel left this port She sailed from here the morn
sing of Sunday, the 18th of FEBRUARY, and made land
made was the West Coast OF Africa very Congo at
place called Cabezas de Copro. On arriving there
toat boar ed her But, in the mean time, let me say
Shat during her passage slave deck laid and nj
preparations made for receiving cargo Of slaves
On her arrival at Cabeas de copro beat came along side
Ind person board and delivered letter TO the
kaptan And the result Of this mais positive instrac
sions-as win be able to prove 70 you-was that the
vessel stood TO and crused about for ten days
She Their made place little further SOUTH well known
in the annals Of the slave trade the great receiving
slenot and enbarkation depot Of Slaves place called
Ambrisette There during the short period Of three
hours that vessel, under the Command OF Captain
Sraith-who was joined by Portnsuese-Feeeived
ON board eco Cos negroes. How this nuia
Der of human beings was slowed in the hold
pf that small vessel will be described to you
1y the witnesses From thence she sailed to place on
she island Of Cuba. Her cargo was there landed by
means OF small boats, and the Julia Mouon herself was
2urn0i She not ia existence, 10 come back 70 that
Torsf discharpe in the United States from which she
STAYED and where she obtained her clearance Gente-
rnen, when the prosecution viii nave proven 20 you
zhese facts will claim NJ your hands fearless YER
Ccta verdict Of convction--allhough the penalty 70
is defendant may be the loss of his lfc omitted to
Etate that during this passage from the coast OF Africa
90 the island Of Cuba hundred and City OF those
negroes died miserable death have nothing further
James viii was then called and examined by Mr. Nc.
Econ-Q What Is your oceppaticnS A. Mariner
Know tho prisoner, Smith since January last; was in
4 auced to him by Blanche and Mr.. Valentine; Mr..
ya ache used TO be ship master, and keeps sh y
crdIe,y 1Si South street Mr. Valentine kept q, tnat
ssh promised TO give me charge Of ship in this basi-
n 81 Gnally after keeping me about month, and de-
g ing me every time lie asked me did want 70 90
n IL with him. before he went to Boston
Jls told me the brig julia Moultoni which he wa
rg 70 buy was for me ror NINA, Par rcs.c
nd a. Boston, as he was not acquainted Win thC
roast. told him to telegraph TO me al Nc Valentino
nsce pd Z 80 70 s9son he SaT c,a nm e Sg
met hu * south street he told me he was sorry coul
not charge Of the vessel as tners wa ~ ~ 90
rei a. ts3seW and he asked me was VIKING " ~ i'
srt. 80 asked him what my WAGES were 70 be 70.
y. L. \ were 70 be agreed upon ani wSs asoi hlr
20 ~ , $4,000 for the passage n9 n an h wa
- on the agreement ~ - - ~, n
80, sr,msry 70 do 50, because might leave hh e =
coast II Africa; agreed 70 snip lor ~ iii raae
81 .essags W.T. us 'wAa ~Oui''n -