The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-24
UNITED sfAaES CIRCUIT C0UEf.
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O. Have formed or expressed the opinion that the
charged il proved constitute the offence of piracy
Mr.. Powell have not expressed the opinion and
scarcely say that have formed an opinion because do
not know sufficient OF the casex The juror was then
Mr. Thos. Dugan said that his conscientious scruples
against capital punishment were such that ne would FEAR
Tho Court, to Mr. Dugan--wo desire that you should
fully comprehend the question, which is thisa--lf the
proof in CAPT al case sufficient the part Of the
government, would you be able to find verdict in
cordance with the evidenceY
Mr.. Dugan replied that he feared his sympathy would
get the better Of his Judgment
After the usual questions TO the jury as to whether
they believed that the offence. proved: constituted
following gentlemen were empannelled:-
EDWARD MS r W N,srDss; s, 9; KrGn no.sr.
g. VIM Powell. 0. Geo Mocller.
4. Jas Cassidy. 10. Robert Taylor.
8. John Phyc. H. Daniel Bixby.
8. Thos Costello. II. Geo. ~. Hanson.
Capt. Baker, who Is tail, gentcrlan!y locking man,
with we'll cultivated bcard and wearing spectacles,
seated by his counsel, and rose up each juror
sworn.
Mr. Ira L. Cady whose mind not entirely free from
feeling upon tie general question Mt ISSUE challenged
peremptoriy. Mr. Samuel Midget also challenged
pcremptor.,y by the prisoners counsel.
Tho United states District attosney MI g. poialed
He cited the various acts OF Congress defining and punish
ing the crimes Of piracy and robbery on the high seas
and said have bcen thus particular In referring to the
laws under which this indictment is framed in order that
you may perceive precisely what the inquiry is which
have now make II is whether the statutory law Of
tho United has has been voatedS You have
ALL undoubtedly heard moro or less OF tho crime of pra
cy generally and popularity understood pirate Is
deeeed by tho law of the nations and has always been
deemed, the enemy Of the human race man who
depredates generally and ndiscriminatcy on the COM
OF all nations Whether not the crime alleged
here piracy under the law Of nations is question which
probably will not be material to the inquiry The cons
tuition Of the United States undoubtedly authorised
Congress to define and punish piracy. 1t might,
possibly, be q question whether, in regard to
depredations committed by foreigners in foreign vessels
against tho Of the United States Congress could
declare that BIO piracy which Is not piracy under the
law Of nations, but it ID not material In this case The
constut has authorized Congress laws defining
and Furnishing depredatons national commerce,
committed by citizens Congress has done SO in
tho statutes to which have referred II the words
pirate and foon stricken out Of the statute, and
II the statute simply read that any person who would
commit robbery the high seas should suffer death tho
law would be complete and could be administered with
out any reference what constitutes piracy by the law
Of nations Having thus referred to tho statutory law
under which this indictment was found will state as
succncty as possible, with due regard TO fulness,
fairness apd completeness, the facts In this case.
In the middle Or latter part Of Nay, 1861, number Of
persons in the city of Charleston s. o. conceived the de-
sign Of purchasing or employing vessel to cruise on the
Atlantic for the purpose Of depredatng the
Of the United States They proceeded TO the fulment
OF that design by procuring persons willing to act
captain officers and Of this pratical vessel This
there at first considerable difficulty in doing, and
poyment in Charleston by tho acts Of South Carolina and
of what called the Confederate government and by the
port Of Charleston and other Southern ports that
could be found TO this vessel There were no shipping
articles agreement TO wages; but II understood
that all to share in the plumber or proceeds arising
from the capture Of vessels the high We shall
show to you that the prisoners at the bar finally
forced to embark on this enterprise that Captain Baker
of the first to engage in 1t; that he Used
tons to obtain crew. and succeeded, after considerable
difficulty in doing On Saturday 1st of June, 1861,
ceeded down to opposite Fort Sumter, where
they were transferred in small boats to the schooner
parties who charged here today and also by the
ports Of equipment OF the vessels, the intent and purpose
Of this voyage The Savannah schooner Of fifty three
or Gftyfour tons, WIS armed with cannon and small
On Sunday afternoon, the I'd Juno, she sailed
from opposite Fort Sumpter, her crew numbering
about twenty men, all of whom here with the
exception Of six, who were detached to form a
prize Of tho brig Joseph On the morning of Mon
day, Cd Of June, sail was descried 1t was remarked
undoubtedly Yankee vessel as they termed ia
vessel owned Of the Northern States the Unon
bound from Cardenas, in Cuba, TO Philadelphia. Chase
was given. and when the Savannah came within hang
distance, Captain Baker hailed her, and ordered the
captain Of the Joseph TO board. CaptanMyers
the Joseph seeing that the Savannah was armed and
that her ready for for the safety
OF those on board his vessel board tho Savannah
prize crew was taken the Savannah and placed
board the Josephthe captain Of the privacer declaring
that he sailing under the nag OF the Confederate
government he called IT, and that no desired TO depre
date on the commerce Of the United States Tho Savan
nah proceeded her COURSE and, in few hours after
wards she deserted the United States brgofwar Perry
and surprising to be merchant vessel gave chase
fired q gun, and finally fired several guns. On disco
vering, however, that the brig was a United states
yesse,of she attempted resistance Captain Baker
saying to his men, Snow, boys, prepare for action"
when coming within speaking distance the commander
Perry asked Captain Baker whether he surrendered
finally he said he did Tho Savannah then taken
charge by prize from board the Perry and
brought TO New York aud the Minnesota, with the prison
ers en- board, proeeeded-on her way TO New Yori-to
Hampton Roads, where after two days. she transferred
the prisoners to the Harriet Lane which brought them to
New York Here they were taken in charge by the
United states Marshal. warrant issued by the
United States Commissioner, and under it the Marshal
too, orfaa pess Of ard held the prisoners. They
commit et iol trial and were, within few weeks
afterwards indicted by the United States Grand Jury.
The charge hot of treason piracy but the sim
pie o violating the statutes to which have referred
The learned District Attorney then stated the evidence
winch ne prepared TO submit. and tho authorities on
which he would the casee authorities beng the
United States vs.. Fnrorg, Wheaton. ls4 the United
States clnock, WI atom, la; Nneya Ana ana lIe
lre Wheaton, 1913; United States vs. Homes, Wnea
ton, 4l2 United states Palmer, wheaton 6lo Oht
ed states fully, Gilison, 24I; United states vs.
Jones, Washington Circuit Court Reports, .JJ United
Srtcs vi Howard same $40. United states vs. nberi,2
SRaagr 49, and the United states vs. smith, Wheaton,
1b3 III conclusion hc said, tine aocity OF the leaders
ana authors or the rebellion hls been portrayed 50 mueh
more eioquonty than could portray u that isai aot
IA 10 IA auv ren rs tilt tec 1he crime o. tNase
who have ns eutS aud servants o. these lead