The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-17
barge OF Fitting Out tho Mary Anne Peck
a. q Shaver.
UNITED STATES DISTRICT COUxr.
BeforN Hon Ju0Ro Beta.

VsAAABV VI = tetAss& Osss 49, ~>-$ <A~>ssS W.
a. . Shaver.
UNITED STATES DISTRICT COUxr.
Before Hon. Judge Bstts.
HxIH DAY--cIoA on THE SUMMING Ur-CHAxGn os xux
COURT AVID AcourfAL or TIE AcCrxgD.
JAN. l6.-7A< United Stakes Ndmwd EsAevxia-At
the sitting of the Cour. this morning Mr. Josshiusseu
summed UP the case on the part Of the government
His address occupied three hours In its delivery
The learned Judge at the close Of Mr. Joachinsen's
remarks proceeded to charge the jury. His Honor said
was rather owing to tho character subject matter
Of this prosecution than to any grave question Of Law
testimony involved in its consideration derived its
Importance and serousness- 1t Is suit instituted on
the part Of the United States against the de-
iencant on charge that he had been engaged
ON me tave trade pom the coast Of Africa and you
very Well aware doubt that by tho positive law Of
TINS country as well in the general estimation OF the
civilized community, it is regarded very odous and
men OF the jury your knowledge Of the history Of
the rede of the United States that very important aud
extensive commerce carried between the ports Of
this country and the coast of Ahiathe Western coast
there also considerable trade carried
on with the Eastern coast II may be familiar to you
also that earlier day when the intercourse between
this country and continent was not extensive
objects OF trade mostly those connected with the
purchase ard transportation Of slaves I am sorry TO
cay that it also appears both from legislation the
correspondence with foreign gov punents advices
from our commercial ageats at points upon the
subject the slave trade ia carried iznentAbe
tent asthe present day from south afica, especially
along the coast Of Brszu; A. pe.y early day, Con-
interpreted Sp9c9l prevent the
tension of this evil and prohibited participation on
part IN the rsoe Congress ected merchants
verystringent abDies soupd conceraedin that disrc
putable usc One Of the provisions of the that
the and all the uipments her engaged ia it,
should be forfeited and Also the party engaged in II
should be liz Die public prosecution and Il convicted
to De imprisoned .or term Of not than
years less than three and to pay of not less
than 81 900, than $1,000. 1t is under the
terms oil this act thay the present prosecution is inst
tuted, ard IL would be well. perhaps, for you TO
understand clearly the terms Of that statutory
hidden TO be done; and then for you TO apply to 1t
the testimony adduc+d and say whether that testimony
in any way that the defendant has rendered
himself erimnaily liable under the law. win repeat
the terms Of the act that may the precise
ton to which are TO address your attention The
second section prohibits the Of any vessel In the
slave trade. provides that citizen citizens Of the
United States, any other person persons therein
otherwise prepare ship vessel at port place
within this jurisdiction Sc, &c, tor the purpose Of poo
curing for sale siaveaor involuntary servude any ne
section, which this indictment is especially framed
and which provides before remarked the penalties
subjected IN case OF a conviction 1t ia under the prov
sion Of his third section that the indictment presented
BY the Grand Jury il particularly framed and no qnas-
ton has been raised the part Of the defendan.
but that the terms Of the indictment sufficiently
comprehensive 10 embrace the offence Whatever proofs
might establish the offence forth Of in the sta
tute they adequately embraced in the Of the
indictment in this case. When this rst began
be noticed the courts the United States and pro-
eeectd against under this act OF 1875 1t sscetaned
that most neray the of the voyage to be
by the nature of the cargo the equipments
Of the vesse Many instances of that kind hsTe
red in this ard in othcr of the unted States The
public attention almost exclusively directed the
equipment OF the vcsseto ASCERTAIN II she had board
The materials necessary RESTRAIN the lAves pro-
cured and such cargo ~ was Likely to be adapted to
facilitate the purchase of the negroes when the vessel
should have reached the African coast. Bat 1t
found by experience that parties disposed TO prosecute
that traffic carefully avoided the furnishing Of
that sort of evidence against thenselves Yes
q Longer led with
board, the for ere sting slave decks
nor appliances 10 cook tor large number OF
extra number Of water casks. II became necessary
therefore for tho Courts they did to say in oxpoun
ing tbe statute ano in giving 1t an effect that would sot
vigorously l. repressiDg the rnde that the vesse should
not be fitted on, In pointing directly to the
fact that she about TO ergsge in the guilty traffic.
WAS proved that ale was vet afoat for the purpose Of
procuring slaves AID made for the coast OF Africa she
would DO alike guilty. IL Goes not become therefore,
question OF any great moment in this lance TO inquire
whether this vessel presented III her equipment load
ing any materials her, evidence which you
should then that destined for the slave
uade; at the time that matter to which you
must advert ia the making up of your verdict. The
question here Is whether not this vessel purchased
and fitted out and sent abroad with intent employ her
In the slave tradeYas that the purpose the weasel had
in visws-wss that Why sfa navaates-was that the
object which she sent out and there
anything in her direction and intention that would subject
her to forfeiture ia here! the point is established
against the defendant he-e that that vessel was Cited out
for that Purpose and went 70 the coast OF Africa 70 OBJ
tain slaves, then she uld be liable 20 condemnation
Then, the testimony which connects the detndant nth
bor Destination, would the forcibe Of his guilt
under the statute With respect TO the circumsta1ces
oonSo:ted With tbe loading OF that vessc you will bear
IN mind that the trade betyt en- this country sd the coast
Of Alics has rilen 70 much national Importance
we'll commercial extent We have vast amount Of
traffic with that country and In mary instances
that 20 cut there nowadays carry with them the very
cargo that originally supposed TO iudicste culpsbc
object. They carry on. commodities supposed from
per;ence TO be the best calculated trade with
the natvea Of that country ard whether the vessels
loaded With beads trinkets cotton goods
The would be found 70 Isl OF articles which
know the natives have heretofore most readily taken
In exchange for slaves Then in Ietn our traders take
the various products of that country such gold dust
ivory copsl gums &c. You not therefore, press
ed with the force Of the nta weight that
formerly attributed 70 proof showiH has tho vessel
laden with articles ths. would be generally received
the African coast for slaves because there is enough Of
evidence TO show Tia. there Others on that coast be
sides slave dealers who willingly trade of the products Of
the country In exchange for such articles a merchan
disc The learned Judge then impressed upon the jury
that they should be careful In sitting the eyten;e "a 10
the character of the cargo OF he Mary Ann Peck With
view 70 IL il differed materially from the ordinary
sent 70 the Aficsn coast Ito then advcrted 10
the vessel clearing Tor Sierra Leone and the testimony %
the hoy 10 her course being diverted to the Flo Con
co. on that subject, however, the Court appeared to
exact doing of the vessel at that pace il sbs did 60
there at all the evidence OF the boy reab Is
to The alleged susp lions Of the vessel at lilo Cote II
the duty Of the jury to examine and weigh the tes
nony to see hon Tar The defendant cognizaut Of
them and countenanceG them. They were "a
decide M he employee, that vessel TO engage
might be employed within the meaning Of the statute in
various waya owner master, factor agent. 1t WAS
not necessary thai he should paid the money for
her. dsbnrsed 1t for others; II only necessary that
the jury should be convinced the defendant perty
70 the transaction and entered Into IL and employed the
vessel 10 pursue the traffic in II the evidence
dfnot justify them arriving at such conclusion
that then ii the duty OF the jury 20 pronounce him
innocent Of the offence charged. His Honor after
general remarks upon the measures which had been taken
By the governments Of Crest Britain, Spain and the
United STATES 10 repress the slave trade concluded BY
observing that thers disposion there 10 make
Victims OF any one that would rebound neither to the
terosts Of the country the dignity Of the law Eat
Il was well al MOULD know that the Laws would be up
he'll and that those who offended against them would
not be spared by Of the weight OF their uauen
or through mistaken sympathy With their character
and position.
The jury then retired for about ten minutes when they
,d with verdict Of not guilty.
were Manifestations Of ar phuss in tue body OF
on the rendition Of tho verdict, bat they vere
repressed.
Old Europe and Young America.