The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-26
New Trial Granted In the Case Of Captain
smIdth, Convicted or Slave Traffic king.
UNITED STATES CIRCUIT CO


FIN. "a The United States James Spidh 1T
will te recolected that the prisoner nanoycrian BY
BIRTH, convicted at the last Of this Court be-
fore Judges Nelson and Belts, Of trahng in slave,
the coast u Africa having ittsd out vessel In the
United states for that purpose motion made for
trial, and Judge Nelson In granting the motion
has given the folio wing opinion the
orrIos or JUDGE NELSON, CIRCUIT JUDGE.
Ntisosi g. The prisoner IL Indicted unier the act
Of Congress passed May Is, 1920, upon charge Of hay
Dg been engaged the slave trade in violation of the
provisions Of that act,
Ry it~ proyis any citizen Of the United States
beng q ihe crew or ships company Of any foreign ahp
engaged ~ tGe slays trade, o. any person whstUyg
being oi the ship company OF any ship Owned
in whole or in part, naysated Tor In behalf Of,
any citizen citizens Of tho United States shall DO
engaged in the slave trade In the manner ani wish the
intent spec fed 10 tho fourth and ah actions Of the
ss ,la be s.I1ssss sra Pirate and on conviction Of
The Indictment charged the offence under both branch
a. Of the act
Of the ba Jua houllon owned in whole or In par by
citizen eiizsns of the United state, az practically
Sc eonhne snd d'tain 500 negroes board said vessel
&c, with intsnt, sc contrary 10 tho statute
2 That he pusonor, beng citizen " the Cntei
states and one = tie thips company Of the brig Jai,
houiion II aid br being foreign vessel aged 10
the slave trscsdd piraticnily, kc, ds,ain, &c, 900
negroes on '0srd sAd vessel Win intent &c
IN the % al evidence vas given on bchsH 81 the gov
ment, ~ tho purchase % tho brig Julia ,ult"n
by the prsoner, at Boston, from tie Aneretn
oTt ~. . Ne as e, ne saS aGs
the coast ~ tfrca also, that tue ships papers
taken out ~ The Customhcusc at Boston, sul after
wards az Nss YORK. By bin, or Al hs instance, and in
bir Ibe evidence not entirely elesr tst
the pu. ebass Of the vessel made for himself that
be had furnished the oney that pad for her. In
the ~ payers which bad been produced BY the 60
the pr, dsr cribei citizen ~ the
United stAss and b. had taken the usual CatOm house
oath that he sach citizen The evidence vas fiil
that the pruon.r ss MASTER of ths vessel sailed from
the port Of New Strk 10 the coast Of Africa took In
cargo Negroes and from thence sailed " ths lsiant ~
Cuba where the cargo landed and the shp barnt by
his orders
CanAcefabs evidence was given on the part Of the
prisoner tending shos that he su6Ject Of tho
kingaf % Hanover in which he born, and not q
citizen u tie 1 ttd states.
In submit ng tho case 70 The Jury the Court stated
that the government must prove sher that the prso
ncr Al the ne be Wa engaged in the illegal trsfnc.
was n7en of tue United States or that tho vessel
Which he commanded wss owned ln whole or In par,
BY eifinn cEfEs OF the United states In order 70
Justify them N nndEy him guilty. Ana these two qass.
tors wee accordingly st 10 tbs Jury, for their aaing
after calling their attention o the evidence that hal
been gven bearug upon them. The iary found gens.
Tbs prlonsr's csansei now moves for a nsr trial,
among others, UPON the ground that he vas taken By
surIss in the or-cton gwen 70 the by the charge
% the Court n submitting 70 the Jury the qutston 10
the national character o. the vessel 10 BE- par
tcuar the as Htion Skehsr tue interest Of ths Ansr
owners % ne vessel bad yass.d 20 the prisoner
by the pureha.e of her a. Boston.
The argument Of the counsel h that the purchase Of
the vessel by he prbonsr had besn proved behalf of
the government and assuming, therefore that u -ss
10 be made matter OF controversy in the proSs..
hsc omitted 10 examine vItDos ss and 70 produce svi
dsnco Which II his attention had been terasd 10 ths
point he lad deemed u material uouh have placed
the fact end all r.ssopabls doubt that having tAasn
tior granted foa tbs eturss o the irs that the pur
chase sId transfer of tie vs''si rom the AHer,esn
owners Issred from them and vested In the prisoner
tou yots title the only question 10 controversy left in
this part u u. case a. ths counsel sappossa tbs
quest u citlunsbip.
We are .a,r.asd % = rsvisv u -. s.s. tha, these
combination s1Egs.tsi " tie counsel for tho pri
forsr tiled " ~ssht and that the n ihs
trial nay very -s. have .sel him Va respect % Tie
point nsn'Y ned in conducting the isfsnos
Tbe gOverumsn. having bsgan tbs frAl by irving s'
dfIe tssipg % prove the puretAsa u ,bs vessel bJ
TIE .risCr from the Ansres ana thus nas ng
that fsti Tar ~ s ~hsthsr MATERIAL o. not -
far The pFpfect zion contsfnsi y vAs bsiural Tor
the eoOn. for The prsonsr y infer ihai n1ss hs hin
..f chose 81 coEtfsrtr IL y wo.H - ftg.rasi - al
utt,ss 1r East matter ~ esrif0refsy IN We
| fu'ats prosfsss u ~. Trial
The ssnF shat lnperfsci s'sts u the svdsre- IN 70
| u.ct 20 ths purtL.ss given IN tbs tsl - v To
\ i,gpr.ssAn Il Ns tire th,i -hktsvsr might - our
OPTION tts fsrt 80 question 80 oss tsst bsoag
/ ii to1s luFy ,nd II uss fubnittss accordingly We
are sttEsd from tie vts- afssdy pgtsshtsj, ihai Ia
4 uis pstre,. ra.atsl'n sha tbsi, In2tss3 d
mads ia psft 81 ~ ciss, And the is<i 10, Dhg 60
tcvfrtf - - gfs rcr ihs Cpur shogA have frxari
81 a. ltftafse tnd sl0hts ff 4usson ~ lsg1 ~
/ ~ c,tian.lAp = - pf.ttt.r
,atrasisf iu HifgsN ~ ooup's ~ is isisbrr Bat
=. fLtEG f,f ~ t0Ufrs n go f4l th4 tbs stfs.ss
4 .sn ~ tee part ~ 80 sovsrDDsnt, hat thsrs -.
.rYor IL suhrt,lng ibs qasson % The as'oaAl shas
sssr Il ~. 'tsisi . he lvfy ~ al 80 ossn for 'As'
( eobsFsrsttn
Tb, ass.sg n gulty "a, zss.ra s0s ., tbs na,ioaa
,fsssr n n. vssssi waited n ths ary 80
rsd r; may have bssn Influenced ~ tts sossisrsi0a
I u hat 4usfugp
nee rss,i ihsr-,ofs v s.v in,l