The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-30

The Slave Trade-The Ha,dee-Tne Prisoners
Not Guslty.
UNITED STATES CIRCUIT COURT.
Before Hon. Judge Nelson
Nov. 2o.-Te United States rs Oliver Jscs>scn r. Man
rico and John BaHia this morn
ing testimony was given the ownership Of the Hal
dee
Emilio sanchez DOLE deposed that he is citizen Of
the United States and naturaized In New Orleans in
ls43 (he produces his certificate Of Naturalization;
bought Haidee in December, 1855, from Madame dA
branes gave my notes for the purchase $40 600
forwards before the vessel sailed Mr. Boho with his IA
y passage in her 10 Caz the cargo assorted
cargo belonging to some dozen different shippers consgn
TO Gibraltar and Cadz; Botho just before the vessel
sailed offered TO act as supcrcargo and TO take
power Of attorney TO sell the vessel, restricting the
price that he at liberty 10 not less than 80 800
he took up and returned me my notes for 000 and
gave him such power Of attorney; Immediately upon
the sailing of the vessel learned that Botlho in diff
Guilty and hereupon letters the captain and the
consgnces Of the vessel at Cadz and Alicante counter
mandng bis authority supercargo and 10 sell her. he
only authorized 10 sell her in Cadz Alicante where
there American consns; never heard either from
Botho the aerward until she WIS found scut-
lied sea- my bonds ont for the return Of her regis
ter and that was the main reason why wrote counter
handing his authority TO sell her when received back
my notes and gave the power Of attorney to Boho, he
paid commission for my trouble in the business he
paid $426 only; he agreed TO me $500 and 30
remit me the balance, $74, which he has never done;
have received anything excepting that S426,
Judge Nelson in charging the Jury said-Ths indict
under the fifth section OF the act of Congress of
1870 which makes penal offence for any person To
in vessel employed in the slave trade board
any vessel owned by citizen citizens of the United
States II Will be perceived that one Of two things
cessaIy 10 convict the prisoner FIRST that the defend
citizens OF the United States not then,
second, that the vessel should be owned in whole
part by citizen citizens Now, is conceded and not
questioned that the prisoners foreigners 1t there
fore follows that must be proved that the ownership Of
the vessel was in American citizen There is no ser
question ie that the offence committed so far
all the circumstances CO. except the question Of owner
ship The decision OF the must therefore, turn upon
that point The offence is very grave one Very properly
there is heavy penalty attached thereto, and the
duty OF government 10 make out the guilt OF the prisoner
at the bar Now as 10 the question OF ownership: is
not denied that the Haidee built in the United
States and built by citizen and for citizen, who
the first Owner at Providence where she was built
She passed from the original owner 10 Mrs dAbantcs IN
February 1907 She owned the vessel and had the bene
nj Of the freight The vessel after this sold TO san
chez Dolz for $50 900, and he Botibo power OF
attorney sell her This brought the title Of the vessel
into the bands Of citizen who had been nat rallied al
New Orleans He mad authorized Botilho TO sell the
sci and he swears she Sold and that Botho received
his commission on the purchase the case then shows
that far as DOLE is concerned he had authorized Bo
ho TO sell and receive the purchase before the
vessel left the port The question then down 10
this: noZ the at the time the infamous crime
was commttcdy If he was not there is no evidence thar
the n citizen of the United States. He says
he authorized the sale and received the purchase money
and had received back his bonds from the Custom House
IL appears, also, that Roho acted throughout
le ~hoie oil ms infamous transaction, during the
voyage from this port the delivery of the cargo Car
prisoners were on THIS feSsei,
and they do stand the footing the owners,
the master, or the mate other officers concerned Ia
the avaton Of the vessel must say therefore, that
the depends upon this question OF ownershp-ani
hold does-inen the is within the statute.
And in conclusion must say that il is difficult 10 arrive
satisfactorily the conclusion that the Hadoe
by an American citizen.
The jury. in about twenty minutes brought in verdict
OF not guilty
The Court asked the District Attorney If he had any
suggestions TO make as 10 the prisoners
Mr. Hunt, Assistant District Attorney, replied thai there
were other indictments against them.
Mr. Joachimssen for the prisoners said that these
dctnents out OF the same transaction.
The prisoners were remanded 10 the custody OF the
Marshal.