The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-05-08
THE OYSTER sLOOP TRAGEDY.
The Prisoner Hicks 20 he Tried In Thil
Dissrics-His Trial Set Down ser Mon.
day Next.


UNITED STATES CIRCUIT COURT.
Before hon. Judges Nehon Chief Judse) and smaley.
NAY Ton taking his scat on Tho bench Chief Justice
Nelson announced that three patent which hs had
consented 10 bear would moi Be taken up until the o(
the month They were each then set down for csrtan
day.
IN ne Matter If AB-rt W. Rids slias JoAnssH.-Thh
argument the plea 70 the jurisdiction Of The
Court, put IN BY The prisoners counsel
Alter some remarks from the prosecution and the de-
feroe, Judge Neson decided hat the prisoner had the
affirmative, and right to open The case.
Mr.. Graves then proceeded TO open the argument by
reading the Indictment He next read The prisoners
plea denying tho Jurisdiction OF this Court and the
uict Attorney reply laready publkhed) Counsel then
read he following statement Of facts agreed upon by
prosecution oefepoe;-
The defendant nrst came ashore at Port Richmond Sa
ten leland within the Southern ds,rio Of Ncw York. at
about SIX O'Clock In the morning, on Wednesday, March
soop A johnson brought from the high the
city 81 New York, IN damaged oond~on, with blood on
psssss 10 ssp Islsnc. on snIcn he VA seen Sv num-
Der Of persons, rtsidens Of said disct, far Van
deress landing and there took ths ferry boa for New
York city Mich boat ne seen, and arrived ANEW
York where he remained during the whole Of Wednesday
being seen ey many p.ncns On wednssnsy evening he
sseamboat running up Long Island Sound 70 Fan RIVER in
the esats Of Massachusetts,. After landing Il Fall River,
he si hers 90 s'es%Scs' rSnnlSs Up 70 rr9ydsScs n
New York reporter of the 7 traced defendant 70 Pro
ing Of saturday, 2sh, fOund him IL bed n Provdcocs
They told him hsy wanted 70 him about that counter
s% . &c sos. Ne .ss ss
tod thst ths charge Of coun.srfsns vss bogus Thsy
;s:, ,os linn ?. we sssss o Ne q ss ere.
ssaoa hou. In Prcvideeos, and hs next morning he
ssnsd y ksv,s and Smith ,. would e Sssr .
up Providence 70 awaA requisiaon. Dofsadant said
be would 20 voluntarily, and signed paper 70 snas
Providence for New York saturday. rbe defendant
hAndcufed, and In charge OF The TOO mentioned I'm
police Al New York, where be vas ocisd up Il Monday
morning On Monday morning March 70, ocfendans was
i.hsn By Hivsn In handcafs 70 The United sSaes Mar
shAlb ofioc m New York Am5avrts that day
taken In tho BY United States Commissioner white
who issued for the dsfsndsn charging
high seas ne prisoner vss arrested On Tits warrant By
the Marshal IN hn once In The city Of New York. and
committed for sx.mn, =. On Wednesday, March Is,
rant issued charging the defendant win the robbery
~ hgh Of Geore r. Burr, and the sxamiasAon
IVES committed FOE vial tor both offences thursday,
March ~ The bill Of Indictment In this case was eicd
cess for ss sSrs On No Snss So
susd exccp hces issued BY The Marshal Of The Southern
Dstrc New Yort and shss aer defendant he'd arrived
had defendant rrovidencs ess
where, and dd net scs under 81 virtue Of any legal
aged 70 BY the counsel for the prisoner, merely for
me purpese o. raising NE auesoos % "a. Indicated By
pr.ossrs counss proesuss on hin behalf shss many q
The facts herein slaard ne untrue.
J. y R0osEvELT, Unised sssass Attorney, nc.
GsAv~ sfiS. Anornsys Tor Prisoner, 2o7 Broad
NJ Graves claimed snss This Cur, hal no other iurss
snss court vphn The dlstrsc where The o'snos Va
alleged % be conmittcd alone had Jurisdiction. He
tended .hss N. srr.s o the defendant Ooer Nv.ns
vss . cgsl ApprebensIon. ne read from sh Crsnohs
repcrt page 49, which ,ha prsoner should be
srisd In NE esrics where apprshesded; but there
the district whore he shall ART be brought n the pri
soner wN lawfully Appreciated BY officer Svens as
70 ocne 70 New York, I'D NO, aivss, The cos,, ~ IN.
district q ~ urisdsfon, ncr confer Jurisdiction on this
court n appears that when This man arrested IN
Providence he signed consent 10 on 10 Nee YORK;
but parties 70 srit civil suit, could By con
sent confer jurkdictou . court
anything; but how DO you make out thai be vas ,~~.y
WIEN The ofloer I'D warrant 10 spureh~od
hint He may have had h,ri,y 70 arrest him and
bring him before magistrate Who had juredictlcu.
Mr. Grsvss submitted that onoer Nevins o. any cher
citizen, had legal right TO him. but Il M Nsvins
q ne prsosss By ne sssha S.s .' rsSl 90 ~ rsS
Judge Nelson in'imsted 70 the Dsvsss Attorney shsk
The Court ava rot require 70 bear him IN opposisca 70 NE
motion He then sad the question IN thh MOI
y one thai has been under ne Confederation
end dscsicn q several members q she sspvsns Court
never been directly before this Court incidentally w~s
once, but not IN shape that became necessary " bok
into o. decide n question Int repesssdly occurs
m casee o. ohences upon the high -, and Ne sseed
practice and cor strucon Of TIE sct a CpnTe n, tnaf In
such casss the Court hes iuredccs 81 M CO. In ~ one
alternative m the d~trit INTO which ~ srpwesd nru
brought from the high ssss, meaning into which
he nrss brought By Ne sushevfV Of hw--she
o. he governments hsv. sssssvsv. 70 sssa hons
casstsrs for TRIAL Alp, undw The most rcceuf
urder the slave trade essnoaaders ~ nsficea shrs
end IN such cases, ~ AMowoe m which the prise
ne - brouehs shat ~ jurs6csce y W thsm. rhs