The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-06
United States Circuit Court,
Before Hen, Judge Nelson.

Befors Hen. Judge Nelson.
CHARGE TO THE GRAND JURy-THE SLAVE r
JuEE 6.-Ths following geutlsmsn w.rs this day
on the Grand Inqusst:-Foreman, wilKan Gale;
Allen, Samuel B AlthOuse, Edward Bill, John Z
Philonen H Frost, Charles 8. Frances, Henry Gr
John w. Howe, Richard d. Lathrop, James D.
John Penoleton, Robert L. Taylor. BsDjami.
wright, Jeha T. Adamr, Henry K. Bull, John W.
Eantbon wilson, Garrett Van Ciesve.
Judge Nelson said-Gentlemen Of the Jory: / b
my hand list, furnished me BY the District Att
Of the persons accused Of various offences again
United States, the evidence in respect 10 which
laid before you in the course Of your session. for
inquiry and examination. There are sone three
sons charged with the crime Of larceny; ons Of
John Il. Gale, is charged with larceny on
an American bark ON the high seas an
named Neil Nugent and another, named
Hines, for q hse offence. This offence 10 punt
under the 10th section Of the act Of Con
passed Goth April 1790-that Ia, the efss
larceny on the high seas. That act provides I
any person within any place under the exc
jurisdiction of the federal government of the
States, shall take and carry away the goods Of Al
With intent to steal them, he shall be guilty of 4
which is punishable BY fine and imprisonment.
are stolen ON an American vessel on the high ssas
il an offence within the mean ng of the at. 50 of
offence committed within the units OF the port, d
place coed to the United states and over Whic
have exclusive jurisdiction.
The next class oil offences Is q charge OF assault
dangerous weapon upon person on the high SCI
board an Americsn vessel There Is the case Of G
Walsh and Two other persons, who are charged wit
offence, which Ia prescribed and punished under q
section OF the act OF Sd March. 1895. A dangeroul
pom is one blow resolved from which would rss
pom pr,cuciDg such results is considered ID
dangerous weapon and an assault
such weapon ON the high seas would
the party WITHIN the mesn,pg Of the act. The
terfeit money, there are three persons charged
that offence, VIII CHI Ia prescribed by the 2lst sect
the act Of 1925, and Is panishsd BY fine and imp
Ient The Judge read the section Of the act,
raj persons who are charged with the offen.
endeavCricg to make revolt on the high seas.
offence % prescribed BY the I'd section Of the
There are caser, also. according 70 the memcra
submitted to me, which may be presented tor 20
termination, arising the 18th section Of act
which mates the counterteiting Of an invoice
Custom House miscemesnor punishable by Hn(
Improvement; this offence is where parties, instd
present ng the origin Il invoice made up a.. the pd
expectation, ard which Ia the proper one to be pr
ed, instead OF making OF that, it Is laid ASIDE
an invoice forged with view 10 defraud the revenI
1t 10 slso suggested that cases may be present
you during your deliberations respecting the pre-
and fitting out of vessels at TINS port to become
in the slave trade. THIS equipment preparation,
out of vessel or ves' els ct any port within the q
ates, Is made an offence under the third section
act Of April 20, 1913.
The second section declares ssthat no citizen 81
zens Of the United states, or any other person d
IONS, shall, after the passing Of this act, for hi
themselves or any other perpon, or persous whatsS
either a. master, factor or owner, build TT, equip
or otherwise prepare any ship or vessel in any =
place within the jurisdiction Of the United StAteI
Gauss any such slip vessel to sail from any po|
place Whatsoever WITHIN the iurs5ic Of the sad
Of color from any foreign kingdom, phase or count
be transported to any port or place, or to be 81
otherwise dsposed Of ss slaves, or to be held 20 d
or labor; and If any ship or vessel shall be 30 bull
ted out equipped. laden or otherwise prepared n
purpose aforesaid every such ship vessel her Il
furniture and laoins shall be forfeited, one mold
the use OF the United Strtas and the other to the
the person persons who shall sue for SAID forfeI
and prosecute the same to effect; and such ship d
sci shall be liable to be seized prosecuted ard c0ni
ed in any court of the United States having COM
jurisdiction" /
The third section subjects all parties guilty OF q
fence chsrged-fstipg out, ana SO forth, to fol|
sum not exceeding $1,000, and to Imprisonment
state prison, not exceeding seven years The fad
pesre, in the course ct trial in this Court within N
year. that person have been epgap ed in the violar
this act and it Is quite clear from the developed
made on that trial that 1t was business not ne \
that it had been carried on for series OF years
anu Oltentimee carr6u on wlLu vesy gToav
GEES; persons being enga ed in preparing, equippinl
fitting out vessels for the special purpose OF peinI
p'oyed in thar infamous trade. / need not sugg|
the Grand Jury THAI II the VIOLATION Of this acth
posed to have been carried on within this pd
will be their duty, and ! have no do ib: it wi
their feeling to Investigate " thorougoly-to 4
the bottom Of ito break 1t up. 1t is id
the Law, IL is due to justice and to|
chars ter Of our ty that this trade should be 81
up. ano II ID within the power Of your body to do
foDlo9ing up these Investigations, with q view TO
to light the jncividusls, IT there have been any,
cerped in this sction II is in your 20 YER by
Investigations, to breat it up and destroy such
as well as to bring the otIeaders to punish nsnt.
sre all the cases that have been submitted 70 me-
course your duties not confined to them; you
right and Ii is your duty, to make an amin st5
any offence that may come to your knowledge
known to any rember OF your body. AZ ret pectl
course Of your e1suination, 1t is the Law that
Gre to have evidence only the TART Cd
government Is is er porte examination, a
that respect different from trial by a petty
Bence, NO doubt, you will be quite satisfied oefor
against the accused. The general rule and the saf
is THAT II there In sufficient evidence pro1u led b
government to satisfy you OF the guilt Of the pa
such evidence rs you would be inclined TO find him
ty on, as petty nrors-then that evidence would va
you in finding an Indictment
The Judge then instructed the Grand Jury as Il
general law respecting the number-sixteen-S
cor stituted quorum and the nsceseity Of twel
them sgreeDg 10 m indictment before the bill cou
found against any party He also reminded them
secrecy Of their deliberations, and toned them
permitting any person to approach them On the 80
of their duties. The Grand Jury then retired.