The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-10


'nE car r,m OLA u. s vlssrL Convicted
Of To- CRIME 90 SLAVE DEALrsa.--The y. 4
s|drenf Can't for III S,utb,ro district oil New
York bas hseD occupied since Monsay last in
tie t'ihi nf highly Interesting and important
care a slave dealiae -the more Important aud
t're.ti g from the feet that the Save ship
sailed from this port thst many persons OF posi-
tioD Ia this city IRE TO some extent involved Ia
the affair, aid that It IL the first case OF capi-
tai conviction in the Upited States under the
law branding the slave trade az piracy. As
our readers general may not have perused
the report of he proceedings given from day to
day in our columns, we will state the salient
points that have appeared on the trial
Captain James Smith or Julius Schmidt, the
prisoner, is native Of the kingdom of Hano-
yer, and came to this country in 1s49, as mate
of vessel In January last he was in this
city, and appeared to be connected with GER
tain persons--as well Portuguese as Ameri-
cans-in slave dealing speculations. In the
latter part Of that month he proceeded to Bos-
ton, and there purchased small brig, built in
Maine, of some 1870 tons burthen, and called
the Julia Moultnn. This vessel was brought
round to the port of New York; crew was
shipped argo Of beaus, rice Indian meal,
&c, with all The necessaries for constructing
slave deck, was put on board the vessel
cleared at the Custom House, the captain
(James Smith,) representing himself to be an
American citizen and sole owner and on the
morning of Sunday, the 18th Of February,
she put to sea. In the latter end Of April she
touched at the Congo river, on the coast of
Africa, and in the course Of two or three
hours received on board carg, Of six hun
dred and sixty-fve negroes, including forty
women. She then steered for the southern
coast of Cuba, and having arrived within
few miles of Trinidad, on that island, landed
her human cargo, or so many of them as sur
vived the horrors of the middle passage. The
Julia Moulton was then burned at sea. The
captain and the American portion Of her crew
returned to the United States. In consequence
of a misunderstanding between the captain and
his first mate-another German, by the name
of James Will the latter revealed to the an
thorities here the acts in which he had recently
taken part. The captain was arrested, and has
since been in custody Of the United States
Marshal. He was put on trial, as we have said,
in the Circuit Court of this district on Monday
morning, and the case last evening terminated
in verdict Of guilty against him.
The act Of Congress under which this con-
viction has taken place is that of the 10Th May,
ls20nwhich provides that any citizen Of the
United States who is one of the crew of vessel
engaged in the slave trade, or any person
whosoever who is one Of the crew of vessel
belonging to, or navigated for, citizens of the
United States, shall, on conviction thereof, be
adjudged guilty of piracy, and shall suffer
death. The present case is the first conviction
that has ever taken place in the United States
under the provisions Of that law. Persons have
been heretofore arrested, charged with the
commission Of the offence in question, but have
been either acquitted, or having been admitted
to bail, forfeited their recognizances and so
escaped the penalty attacking to the offence.
In this particular case, however, the law has
been, SO far, successfully vindicated.
An interesting question Of law has been
raised on the trial, on which the prisoner may
ultimately escape the punishment which the
law provides. The defence did not at
tempt to controvert the testimony sub
mitted on the part of the prosecu-
ion, but virtually admitted its truth
When they did disclose their line of defence, it
was simply this THAT the defendant was ma
tive Of Hanover; that he did not leave that
country till October, 1s49; that therefore he
was not, and could not be, at the time of the
commission of the offence, q citizen of the
United States; and that, moreover, the brig
being his own property, and not that of an
American citizen, the statute did not in any of
its provisions render him amenable to punish
ment. The Offset to this line of defence was
the oath made by the prisoner in clearing the
vessel at the Custom House of New York, that
he was an American citizen; but the counsel
for the defence commended that the prisoner
should not be concluded by this mere matter Of
course formality. The jury did not seem to
consider the proof Of the prisoner being an
alien to countervail the effect of the oath, and
hence. the main facts being undisputed, the YER
dict of guilty was rendered, after an hours de-
liberation.
Application will be made for new trial, and
this point Of law will come up for further adju-
dication. In the meantime, the United States
District Attorney is on the trail Of others
some Of them in high positions in this city
who are believed to be implicated in the nefar
rious traffic.
Riot In williamsburg.
THE FUNERAL oBsEQUIES OF THE LATE MR.. HARRI.
soN--ARREsT OF RIOTERS.
The funeral Of the late Mr. Harrison who died from
injuries received at the election riot in the Fourteenth
word on Tuesday, took place yesterday afternoon at
O'Clock from his late residence in Eighth street. near
South Second The high estimation entertained for Mr.
Harrison, by his acquaintance, and the lamentabIe
currence which caused his untmly DEATH drew togeth