The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-10
unoRTANT SLAVE CASE.
First Conviction Under the Law Of 1920.
TheEaM Of Capt. James Smith, Of the Brig Julia
Hollton, for Traffitking in Slavs.
United States Clrcult Court.


Hon. Judges Nelson and Belts presiding.
Nov. She United States against JONES SmitA-John
A. Naehsdo was called and examined BY Mr. O'Conor
for the defence and dposed that he resides in this city,
he il native Of the Western Islands which belong to
Portugal and has been here six seven years; knew
Senior Lsmos, hate Of this city; him here two or
three months ago. does not know Don Salvador de Cas-
tro-had heard Of him; Lemos is Portuguese was in
innate with him. he did not speak the English language
witness IL not positive to how long Lemos here
time.
Crossexaminsd by the District Attorney-I have been
In this country seven years; have not been all
the time here; ! am . naturaliEed citizen; I was
naturalized In the buildings that were burned down
in the Park; own vessels; they employed In the
African trade cleared the srelsonia the Gambia and
the Sireleona the same; the name Of Gambia was
on her when she in port and 1t changed the
English Consul would not allow her 60 out under that
NAME
Mr. 0'Conor objected to testimony about the Gambia
Mr. McKeon-I have reason TO believe that there Is .
body Of men bound together, in the city of New York.
for carrying the slave trade, and have right to
ascertain whether Of that body the stand
Is Witness
The Court excluded the inquiry.
Cross-examnation continued-Senor Lemos used to
buy vessels when he here; him at Madame Mon
Salvador went to Havana; know man named Sturte-
want from Maine; chartered his vessel the brig Zeno
for the African trade, about four years ago.
Q. Did you tell sturtevant that you were the Portu
guese agent in this city for the slave trader
Mr. O'Conor objected. The Court excluded the ques
ton
Witness leaving the stand, said-My business with
Africa always at the English pors and had nothing
to do with the slave trade.
VIM. Figanieri deposed-I about year in this city
lately; am brother Of the Portuguese Consul; am
native of New York, having been born here; am Of
Portuguese family knew Senor Lemos he was Por-
tuguese he did not speak any other language but Por
taguese, that am aware Of he did not speak English
not connected with him in the consnate my father was
consul and s now Minister at Portugal deal in Wines
&c. am not engaged in any other business at present
the witness was engaged In the African trade. Ruled
out.
Lemos he has not been at my store but once he called
Henry Fganier, Consul General Of Portugal deposed
that he knows Senior Lemos personally, we'll he here
during part Of this year. he boarded at Madame Mon
don's, and at SO Fourth avenue; subject of the
King Of Portugal Lemos did not speak English think
he is in Cuba last him in June or July last
have no secretary in my Office; ! am my own secre
Cross-examinsd-I believe was born in Lisbon: am
not naturalized citizen; hold situation which I
think none but Portuguese could H my father was
u0urpetOn
Miguel Lemos called me, and introduced himself to
with him.
Q. What was the nature Of your business with himS
A. That decline to answer.
Mr. AcKeon said he supposed the witness could refuse
to answer any question that would criminate himself
The Court said it did not follow that there was any
sriminaty ON the part Of the witness If he declined to
answer.
The witness also refused to answer questions as To
whether he had business transactions with DON Saliva
on the us Mouton two bar
rels Of rum and two barrels Of wine?
Mr.. O'Conor objected to the question irrelevant;
question to connect the witness with the transaction
and advise him not to answer as it may form link in
the chain to connect him with It,
The question again put.
Witness-I decline to answer.
The testimony here closed.
The Court remarked that they would not have per-
mtted the question, being itself irrelevant but that
they understood i would have been followed up
The District Attorney said he would have followed IL
mp II the witness did not decline to answer.
Mr.. O'Conor then proceeded to remark to the court
that they had perceived that the counsel for the defence
had not produced any witnesses to mpeach the test
mony adduced for the prosecution. If this civil
action, he might simply con6ne his argument to the
fence he would address observations to the jury
In addressing them, he said they to try the
SsSsr tine laws o. tine United ;: and to ss
Is guilty Of the offence with which he stands charged
He admonshed them Of their obligation BECAUSE
that they would hear from the learned prosecutor an
electioneerng speech the horrors and baneful in
huences Of slavery It was important then, at the out
set to consider the offence Of which the prisoner stands
charged He would read the words Of the satute-thc
fifth section Mr. o'C then read the section which has
fact is whether James Smith, Is citizen of the United
States and If not whether the brig Julia Moulton
The prosecution contend that the vessel owned by
Smith, and If the defence establish the fact that he
not citizen Of the United States they meet both points
submitted that the Court would instruct the jury that
this offence Is not piracy by the law Of nations and that
though the act says that he shall be adjudged pirate
Council referred to Sd Storys Commentaries, &C.
the United States vs. Pirates, Wheaton; and the case
Of the Antelope, 10 Wheaton. He then went to say
that the question for the jury Is whether Smith is c
zen Of the United States; Il not and he owned the
the prisoner at the Custom House that he was
citizen of the United States, he could be punished for
taking false OATH but it would be very different pun
Wet man Of piracy Mr. O'Conor alluded to the loose
way in which oaths taken in the Custom House, and
argued that the oath Of citizenship should not be taken
as conclusive against him. The learned counsel con
cuded by expressing his conviction that the jury could
not find that James Smith was citizen of the United
slightest conjunction.
The District Attorney summed mp for the prosecution
and having referred to the law and the evidence adduced
said that fragrant violation of the law had
been presented than that which had appeared in this
case. The public papers tecming with accounts Of
traffic IN slaves yet little did he think when few
months ago he assumed the Office which he holds
that the port Of New York the very depot in which
vessels fitted out for the slave trade In this
circumstances had been developed to the extent Of
this nefarous traffic, which will astound the
nifty Mr. NcKeon then reviewed the facts all of which,
he said admitted except the citizenship of the pr
But he contended that the vessel Ameri-
vessel belonging to an American citizen, sailing
der tie American Gag, with American papers, which
claimed for her the protection Of the American navy.
He would ask had 1t come to this, that having done all
this the prisoner turn round and the charge
by saying III am not citizen Of the United statesf''
Mr.. McKeon made and forcibe illusions TO
certain parties who banded together in this city for
the purpose of carrying the slave trade lie knew
that the stiletto the hand Of ruiaps ready
to be turned against him. but he cared not II his ltc
to be sacrificed in the performance of his duty then
he would say 1t is easy sacrifice In his concluding
remarks Mr. McKeon said il the jury gave the prisoner
his liberty they had right to do So but, he would tell
them that in doing they inflicted great wrong on
the United States whose laws be had violated.
THE JUDGES CHARGE.
Judge Nelson then proceeded TO charge the jury He
sad-1he prisoner is indicted under the fourth and Hf