New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-11-07
LAW INTELLIGENCE.
L. s. CIRCUIT coURT-Befors Judge NELSON.


TRIAL FOR BEING ENGAGED IN The sLAvE-TRADE.
Trial Of James Smith, late Captain of the
brig Julia Moulton, of New-York, on an indictment
charging that he did on the let of May 1854, the
coast of Africa he being then and there one of the
ships company, practically and feloniously forcbly
confne and detain 500 negroes, the indictment said
s. but the Attorney said it should have said 5oo on
board aaid vessel with intent TO make slaves of them
said negroes not having been held to service by the
laws Of either of the States Territories Of the said
United States Of America the said vessel being navi-
gated for and on behalf of citizen citizens Of the
United States and the said defendant citizen Of the
United States. The punishment, on conviction, Is
DEATH Messrs. McKeon and Joachimssen, U. 3.
District Attorney and Assistant District Attorney ap-
pesred for the United States and Messrs. Conor and
Dunnipg for defense. The case was called, and the
empannelng Of a Jury proceeded in.
The following is the section of the law under which
the indictment is brought 1t is sec. Of the act OF
Congress Of 1920:
States benS Of The crew OF ships company any foreign
ship or Engaged In The slave trade any Per'on whs,
owned wholly IN nsys.ed fSr on seh.f O. any
deap or aid sbet In orciby conhtins or detanin on
board such ship or ye., any heso o. a NOV Of bs
nsS S,,tss with intent TO make such negro nulao
~ bs ON board any such ship vessel offer attempt
to sell any oS the 81 Or anywhere tide
transfer OF deliver other ship vessel any negro
such or mulso slave shall land deliver on shore
board such ship or vessel any such negro OF S
such negro OF muato slave such citizen or person 'Ss o.
sdd Pirate and on eonye9n thereof before sse b
brought OF found shall suffer death"
The act is entitled can Act to continue in force
an act to protect the commerce OF the United Staes
n A. az and n
fut,ner provisions for Furnishing the CRIME oil pi'
"racy." ,
The act OF 1873 refers TO persons not on board and
provides that every person, or persons ouilaing'
fitting out equipping, loading or Otherwise prePal
ing, or sending away, &c., with intent to employ
such chip or vessel in such trade or business, or
who shall in anywse be aiding or abetting therein
shsll seyeraly forfeit sum not exceeding s9,OOo,
nor ltss than 81 600 one-ha to the United otates
and the other half to the person who shall sue-and
also be imprisoned for not mora than seven nor iees
The prisoner is entitled, on the impanneling of a
Jury, to twenty peremptory challenges. Some were
challenged and others excused or ser ASIDE ior
and the panel exhausted when but eight Jurors had
The U. S. Marshal was directed to summon an al.
ditiona number forthwith; when considerable delay
took place The Jury was finally impanneled, con-
sistipe Of Messrs Andrew Irwin, Edwin Hyde, Geo.
III. Morsnd VIM. Glover, james II. White, John
Moir John I. Tallsan, John Mclean. Jr, RAlPh
Woodford, John p. Brinkerhof, VIM Vanderwiixie'
Reinheld Hubertus-(the last four being taiisnenl
Mr.. Joachimssen then opened the case to the jury.
He stated that prisoner Indicted under sth sec
ton &C. The prisoner is indicted for one OF the ngn'
est offenses under the law. He did not propose IN
opening to say anything to bias the mind OF theJuiy
against the prisoner. The prisoner went nom mere
tsBostop In January and in February compIeted tue
purchase of the brig in question. She was W ieet
long "a feet wide, 10 feet hold, ard 1873 tuns cne
cleared from Boston in ballast and arrived here IN
February On the llth February she cleared az the
Custom house under defendant Tor the Cape OF Good
Hope and market, and back to New-fork. Sne nso
a crew of fifteen persons, some Of them boys. Sne
was cleared with cargo Of beans and other articles
but had in reality every thing board calculated Tor
the slavetrsde. james Smith represented himself 70
be a resident Of New York, citizen Of the United
States and that be was sole owner; and Mr. Bogeri'
Custom. House officer, signed with him. She start.
| ed and made land In siIty-6vs days, on the west
coast of Africa On going there, the slave deck Wa
laid. On arriving at Africa, boat boarded her ana
gave note to the captain to and ont to sea- and sue
did 40 for ten days. and went 70 another ps'e near;
ard in three hosfs she received D6oard ess negroes
set out for Cuba where she sRtved, and landed up
vad Of 500; but more than 100, On the voysge hsa
died nissrable death. The vessel wss then oufnt'
Jsuss VIVA called By 4r. Josehmissso)And swosa'