The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-19

Jrsn ls-7Ae United States Is. Rudolph T. Lascalla.-
This case was continued from yesterday The defence
that Iascala only acted interpreter for Flea
Sp@usrd who came here TO purchase vessel and that
no IAscaa( discounted his bills and that Flea directed
everything that was to BIO purchased.
The Judge In charging the jury, saidThs indictment
relation to the slave trade the defendant Is accused
with preparing vessel within the United States for the
purpose Of the slave trade. The government has ex
pressed its determination to suppress the niquitous Of
that purpose The penalties are nne, Imprisonment. and
to be engaged In some portions OF DEATH The present
indictment Is founded on the act of 1878 and will be
important to look at all the facts OF the case, and
see how far the accused has violated that statute.
The first act on the subject was in 1874, in
which Congress supplied the foundation for the law
before them In 1907 the act Of 1874 was revised ana
portions Of 1t introduced into the act Of 1907 In
.eiS the subject was taken up again and framed with
clauses and sections under which the present party i in
dcted. He is charged with having fitted out or aided
and abeted in fitting out vessel for the purpose of en-
poying her the slave trade When these two statutes
Of 1874 and 1907 revised in 1873 the punishment Of
death awarded only for those who employed the YES
sci for such purpose but the penalty for cqupng or pro
pairing vessel for the slave trade conicaton OF the
vessel fseized and Imprisonment OF the party offending
The facts in this may show that the defendant assist
cd in fitting her he Horao) OUT and If such facts are
established the question is in what position was he con
ncccd with herr He must he concerned in the character
ono Of those appointments but he must be actually
gagged the act But if he assisted any person in lifting
her out then he falls within of the provisions OF the
statute. Mr. Iascalla l. factor of this city, and until
this particular transaction was brought to light never
engaged us he is here charged. 1t
appears that about two years ago he went
into the with another person and purchased the
HoTatio he paid the money for her. and certain articles
and commodities were put on board of her whether with
design put her in the slave trade should be Judged
from the facts and circumstances OF the case The facts
must denote strong design on tho part OF the defendant
II the loading the vessel would indicate that the vessel
Intended for tho slave trade, and yet II the loading
adapted TO honest traffic and bears the appearance
of being susceptible Of being put into lawful trade the
jury were at liberty put the favorable construction
omit This vesselwas sent TO port st. Paul De Ioando),
in itself dcnoting the traffic in slaves, but in the
vicinity or places where such trade Is carried on 1t did
appear that there any more commodities on
board the vessel than could have been disposed of at that
Crt by honest merchant; but them again. they were
capable being converted into for the slave trade.
Then as to tho water-woud the large quantity show
wrongful design would it be reconclablo with
honest radct How far does the testimony tend to show
that this business conducted under the guidance of
the deendanty Some Of the circumstances require expa-
nation. In the first place. the vessel went into
his ownership. The mere fact that iascaa went with
Flea foreigner, would not tend TO implcate him with
improper connection with the affair but after this, the
vessci comes INTO ms possession An american veSsel
cannot be owned by foreigner How did Iascalla take
the vessel Did he hold it broker or supern-
tcndont so as TO have employment or was to equip her
he should direct ami then let her go ON her voyage
hid he pay the money for her himself or was it with the
money OF Mr. Eeas If all this appearance-hcs embance
or paying for tho purchase Of tho vcsselwas spurious,
20 matter how ngenousy covered up the jury were to
deter miro facts Was he acting agent Of the party
owning the funds he participant of tho funds'
II he went into the and another party lent him
tho money he would BIO equally Responsible if was an
other party asqucs) went out in the vessel and that
the title really changed to his name,
then, if they did not find this defendant
have exercised positive authority in the matter tho
question whether hi. conduct within the act OF
ISIS The Judge read tho first section Of tho act which
directs the contscation Of a vessel fitted out as
SLAYER; and that every person fitting o9t
vessel Tor such purpose shall, on conviction,
ray not more. than IS, 900 nor less than
$l,cOC, and DO imprisoned for . term not longer
Lan years nor less than three The act OF 1873
which revision Of that of1SO7 says the parties
Fable Should be engaged in fitting up vessel 10 be
oyCd" ia tho slave rade-the act OF 1878 substituted
and " employ her, &c, the punishment being imprson
nient for Ion. period Of years, and large fine.
Tho jury must find that this vessel was not only got up
by tho defendant master, factor but that no
got her UP to employ her for that purpose. If thoy
toand tho real facts to implicate him, they were
bound 10 find their verdict and let him
bear the consequences, but they wero not to
Tie simple inquiry before them was whether he has
violated tho provisions Of this act in fitting out the vessel
III tho purpose Of the slave trade They should acqut
hm if he acted broker or agent for another and did
rot know the purpose for which the vessel intended
lie be amcnable under another section OF the act.
Tho retired at about IL O'Clock, and having been
out two hours came into court when the foreman said
hat two OF tho jurors wished 10 put this question
tho Judge " If the defendant at the time OF
the hitting that tho vessel 10 be engaged in the
trade does ho under the section OF the law I'M
which no indctedf'
Tho Corr-Only in the of his preparing her in the
capacity of owner, master factor, having authority
tie vessel and acquie-cing in her but not If his
ketwicdge only that OF merchant or mere out
der. Ho may DO liable 10 tine Of 81, 900 under ano-
tier section.
The jury then in few seconds, rendered verdict Of
rot guilty.
The Judge said he entirely concurred in their verdict
Dir, ascaa was then discharged