The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-05-19

Trial Of Albert w. Hicks, alias William
johnson, for Ptracy-Cioss Of the Tes-

Before Hon. Judge smAIisy,
rnH DAY.
MAY 18-M United States Vs. Albert W. Hicis, alias
Wilidm JoAnscn AT the meeting Of the court this
ing, delay occasioned by the absence Of lead
ng counsel for The prisoner.
NJ sayles, junior counsel for the prisoner, sad-My
please the Court my associate, Mr. Graves mot pre-
sent have learned that he went TO Twenty seventh
since. would therefore ask Z short delay.
The Oonyt-TbeYe may have been some accident; you
had better send and inquire. The Court VIII wait few
Mr.. a. Hunt, the Assistant District Attorney, SAID
the Court please this vii not OF COURSE prevent our
COari that Capt Nckersen, whose testimony We were
anxious obtain, has uot arrived and We do not sup
should state also that hAve never regarded bis test
meuy Indispensable in any sepse for II We had We
wora not have oonsen'sS 70 proesea win inc s.' ~ IN
testimony very important ss giving completeness 10
the chain Of facts which We had power present to
the Court and jury and In this view OF the haps
very anxious that the testimony should not be sub
mitted upon the part OF the government without that link
IN the chain; and were DESTROYS Of doing what,
understand IT, the duty Of the government, Of present
before calling upon the prisoner for his defence
euuon in asking for the delay which has
been granted and feel that We have done AL We
scud % procure this testimony In order TO give inc svi
feel Ike asking the Court for any further delay in
order 10 procure the testimony Of Captain Nckerscn.
for yesterday and now under the circumstance rest
the on the part OF the government and leave the
The Court-I .ppesSs that Me- Graves. Inc senior coup
eel for the prisoner not In attendance, and for aos
reason probably for which he b not responsible The
Court viii wait . reasonable time for him.
Ex Judge Roosevelt, United States District Attorney
nicDuIng this abort interval should remark, in add
SenS tn this 1'ea Although soot no ps
In 10 In open Court that the prosecution 70 the
cluson mat this testimony entirely eoessary
ahoud have been lsked, and The only why any
delay should have been granted. was 10 follow
Ss sDsd when :Ts
not b sric. NV, bat BY spssies Of courtesy as'
ssre case whether they lay before the Court items
which may be deemed BY them TO be very important
Ss mnss he Ia. these ems which we
deem not important, should seem TO be very ne
o. .y other
completing the history Of the case. On the oher EIDE
they had right to object 70 the Introduction Of VIA,
Captain Nckerson had sworn to before the Commissioner
and perfectly proper they should do %, unless tie
evidence was introduced In the regular way. on
duty . the Court to The prisoner and 70 the
hem q evidence in the case ,ha, had seh.es bearing
scn hai does not arise from any idea q Tho weakness
Of the case BY any means; but to Oil out possbie
The usage OF the courts In criminal cases. But Wc are
unable 70 procure this witness; he probably the
Tor he sailed from Philadelphia for Boston last
week. and nov at sea- IT, however, he should arrive In
The course Of the day, will be for the Court 70 say
whether win take his testimony not and for the pr
soner counsel whether they VIII object to not
Of ihe case taken BY The United States Attorney Il is
he duty Of the government, especially In case OF high
erime-such one - the prisoner charged viiho lay
before the Court and Jury all the evidence they have n
ther power or that they are coenznt or which has any
connection with or bearing on the case and the Court
.on 70 ne necessity Of he .Vdsnos such captain
Dokersons might be, would be very Improper for the
Court % intnste 4 At this itage Of the trial.
Mr.. Saylea (prisonera counseI)-I experienced some
reluctance in asking the Court further delay for the
purpose Of this trial has already been delayed, the
ever on he present oocasicn ask The court 70 lake re-
cess until twelve o'clock 10 accommodate the deen iant
M, STder sss may s.C.an q vnsrs my p,s'1cs
Graves ven, hs. evening 70 see hs uncle Twenty Sc
venth street, AMI have not seen heard Of him I
would say aidii'n. that Mr. Graves has my brief 10
he Judge said that the Court was very iodulscrt Y,
both 70 The public and the prisoner and although he
very dispose OF the case as soou ~ practicable,
yet be would grant delay rnal Twelve O'Clock.
expected h associate every minute, AMI be desired 10
consult with him ~ 70 The production Of witnesses. He
would row call Mr. Commissioner White 70 the tssu-
mory Of witness named Downee In describing the posi-
"I K. 2, sSs s' %S. United states Commissioner called
that wilnem named Downes before me on NE pre-
nmnary examination; cannot recolect the partcaa s Of
ts tssnmeny vthout referring 70 my minutes Minutes
produced do not soc In my muntca any desisnsti,n
made BY Mr. Dewnes - 70 where the vessel was there
two marks on The chart, Of which was made BY
EavsId Rarpes called for Defence dep,sed-Hs resides
81 Report snew Capt Barr; gave him 500 for oystcrS
quarters ssd halves ana ana are cent pieces DO no,
know What amoont OF money he had with him; be told
ne Mr.. simmonds gave him s2co
The Couft raid tina, was Iot eyiderce.
He pat Il in a bag; maze the bag about hall fun; ]
cannos IDENTIFY the bag
u. DEF nee and he thsn proossdea % Address The cour
and jury en- behalf Of the prisoner. He conmenced by
describing The scnsaoa created IN this city by the intel
ngencc q this Transaction and that the public press he'd
givsn . descrigton CT and directed The eye Of the
community 70 this He then Suggested that this
70 x. Sss b be apor Po
asoshsr slcop On Ss ssue night Counsel ssi in sssss
NM Derived nom The laws o. Congress passsd under
eoeasnu.ies q our country Which give power 70 dsees
:ss sss, 'is s.es NE Sss ana
more had no common NJ jsrsdetco
Congress had right 10 define and punish slonies o. The
high ssss has po-sr 70 take away the rights Of ndi
charged wss com lssd bey ond The ursdeton Of this
court, and u had no pover 70 punsh for tbs
felony He Then Feed rsp~sed CASE ~here an ct o.
which held that shcsii DO tried 10 the courts Of
thai oaie.
IN Couy1 remarked that tnis not question fov the
Jury but shout have been rased demurrer, might
be brought up on q motion In arrest Of Judgment
NJ esyjss ssbzMsed that NE jury were the judges OF
the 'av and The facis
The Court-Not on questions Of Jurisdiction. those
questiors ere al~ays for he Court-for N decision.
Mr. ssyks ccntsndec thsi ION the high seas" meant
ether Dor Of foreign country bey o3d
any portion o q coast where the sea cbbs AMI Goss
The Csur, remarked thsf this wO the opnioo o. Ens
bah lawyers, but esd no, Apply W he Anne icxs laws
M ssyss sAid-ws lave adopted The EsslAh common
NV.
he ccurs--otiy 10 limited extent
Mr. Ssyks then cited from Chiuys Crim'nh Ar, u
In, which fays "that the piracy must be dis'lnc' y
proved 10 have been committed cp The high secs, or "a
de'erdsnt n entitled 70 an acluitta." According "
uat As the imirsy had no jurisdiction within the I'm u
o. any county ~. rhe counsel then proceeded "a
ypssi 70 the resson Of Tie jury, antsy TIE hcs osore
uen II was case q great importance, not only 70 NE
,aern government and 70 the community ou also 70 tne
m'ostnse prisoner n the bar, and ne called upon me
jnry 10 elevate their mnfs above outside prelices