The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-07
The Case or the Shaver Haidee.
THE FIRST WARRANT DISCHARGED---THE PRISONERS
HELD UNDER A NEW WARRANT.

UNITED COMMISSIONERS Court.
Before Kenneth G. White, Esq.
OcT 6-The United States MdooSber, Mate and Fire
Of the Creo Of the Ship Haidee-The Commissioner said
that he did feel necessary to pass upon the second
point raised by Mr. Joachmsscn the defendants counsel
the previous day. under the first point he had
to the decision that the sufficient hold
the accused.
Mr. Theodore Sedgwick, United States District Attorney
informed the Commissioner that in order the
emergency he had issued a against those
parties based the fourth section OF the act Of 1920 the
section Of the Of 1920 and also the fourth section
Of NJ 1885, also, under chapter 81 10th May 1900
The second section imposes fine Il - 900 and mprison
board SLAYER The main point whether these parties
be held for the capital offence under the act Of 1920
Mr.. Joachmsscn thought he had right to ask the Dis
Attorney elect under which act he proposes put
the parties on their defence
The District Attorney had stated that he held them un-
der four different acta arising out OF the same offence.
Mr. Joachin,sscn said anomaly to say that
party could be held four different warrants for tho
Tho District Attorney claimed TO hold these for tho
capital offence under the OF lSe0hc had Issued the
four warrants SO rs 10 meet all difficulties The landing OF
slaves foreign shore, decoyng negroes for SALE
stute capital offence within the meaning OF the statute.
He submitted that he was not bound a. wait until the first
warrant guashed before he issued The defend
ants counsel call on which ever case he wishes TO be
disposed Of first.
Joachimssen said that the warrant technically
the same, only varying the charges.
defective. Bou,clc is Portuguese and the warrant
docs not show that this Is American vessel there
no charge under the hnh section o. the act
against Aarombcr and the others that section denounces
citizens Of the United states who shall voluntarily
any vessel foreign otherwise for the purpose u tho
slave trade any other person who shall
American for the purpose. There not
word charging that these parties did "seze land
foreign shore persons 20 be sold M slaves which Is the
crime contemplated By the act The charge under the
fourth section Is defective and the charge under the h
i not set forth at all Mr. j. cited the opinion Of Judge
ka nj IN (uub. Rei~ aulru
siderable length that the District Attorney could not
der any Of the warrants, maintain the capital charge
against the defendants.
The District Attorney in reply raid be saw no analogy
between the OF Refs and tho present and though
he had every respect for the legal opinions Of Judge Bets
he would dismiss that case from present consideration lie
would be glad to know n the Commissioner sitting
as juror whether nc would consider thai there were
this vessel engaged in taking cargo Of 100 slaves
the ~ Africa and he concndcd that the acts which
he cited referred 70 any person Of the the ships
company who engaged. The Legislature never
could have intended merely 70 punish the person who
receives the cargo whether he remains on board and
receives or whether he lands the cargo tho offence "A
the same and any person who knowingly asssts IN ship
view q the act He supposed that there fact
connected with the but which would forbid the
granting Of tho motion of The gentleman for tho defence
Mr.. Juachimssen submitted that becomes the duty
the discrcionof the Commissioner to that these
men not put their defence for capital charge
the circumstances and the law did H. II
proved by the witness (kng for The prosecution that the
flaidcc legitimate voyage from The port 81 New
York aud landed her q -four, kc, ~ foreign port
and therefore when she lef New York The aidavt drl
not show that the vessel hcd out IN any Anne
rcan port for the slave trade, but u did show that
her papers were not fraudulent. and that she
went on . legal voyage 10 CALI and Gibraltar
to iulh objects 81 her voyage, as designated IN her
papcrs He cited from Judges story and Belts 10 show
int ponc other persons but citizens the United States
Foreigners serving on American vessel, can bc held
guilty ~ the charge.
Belts decided that person could be convicted for tho
fitting out of Saver unless he was master factor Or
owner had nothing 10 do with this charge and that thu
opinion Il Judge story had reference 70 parties charged
with tralfckng IN slaves between two foreign ports
taxing them from one port in Portugal whore slavery
existed and landing them a. another, whore slavery
also cgaizcd. He submitted that ia every PCS 1le case
the mind 81 hc Legislature comprchcds thai every por
snn whatsoever serving on board SLAYER IS abe, and
thai neither the opinion of Judge Story judge Belts,
ct q ~ tic counsel fr to prisoners was applicable 10
MI Joachimsaen replied again submitting TIA, tho pri
entitled 10 bc discharged from the capital
fence.
10 hold The prisoners Tho statute of 1890 was broader
hnn that uf "a. IN ha opinion this came under the
category Of the act which rectes any (which includes
any q the ships company who shall serve board
such vessel VI receive such negroes. The decision NJ
Judge story entirely different refers TO the trans
porting Of negroes between two Ign ports whore slave
nv was legal Tho prisoners were. therefore, held and
the examination adjourned 70 Friday morning
eleven O'Clock
TK Cnrss COMET IN ErRorE--Thc chess match which
was in progress a. Paris between Raul Morphy the Amc
rcan, and Ilarrwz the German, temporarily inter
fuped, informed, BY received by the
AraRo, by The ndspasi,on Of the latter. The london
EgyTcs " the 22d september announced that the score
stood -Norphy A. Harrwitz, q which would leave MOI
ply three gaines 20 to win the match lhr holuvl
Sunday Times states that Morply had Won ~ W w
games. but docs not give Iarrwhza score 49,
IS very little doubt but that by this umc Young Hua
has beat the veteran player and established ny, e"" "
heine the prraicst known living chess paycf Inc
matches with S,aunton md Andersen which W. s"h "
paycd, Wil cgay nee all We ae0llsls " WV pV'va