The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-11
IMPORTANT TO sLAvETRADERs.
Judge Nelson's Charge In Gortion's Case
Conviction OF Captain Gordon.
UNIFIED STATES CIRCUIT COURT


Conviction OF Captain Gordon.
UNITED STATES CIRCUIT COURT.
Nov s-Ths case having been summed up by counsel
on both sdes Judge Nelson proceeded to charge the Ju
ry, as follows
GENTLEMEN oy THE JuRyWe have been exceedingly anx
ous TO submit this TO before the adjournment,
inasmuch as we have felt duty 70 require that you
should DO kept together during the trial So much time
has boon by the learned counsel that shall
feel tho necessity Of being very BRIEF and shall sa
wide range OF discussion which you nave heard from
tho learned counsel either side 70 the real issues IN
yolved in this case and upon which you should conhne
your deliberations in determining upon the guilt or nno
cence the prisoner Now, gentlemen the prisoner Is
is That il any citizen Of the United States being Of
the ships company Of any foreign ship or YES.
sci engaged IN the ., slave N, trade sS,,,. OF co
pany OF any ship owned wholly Or in part, or navi-
gated for in behalf Of any citizen the
United States shall forcby connne detan, aid and
assist in copnng or OBTAINING on board such vessel
negro muatto, with intent TO make him slave such
person shall be adudged pirate and ON conviction shall
suffer death" This IL the law under which the prisoner
has indicted and under which he be convicted
at all and tho various statutes which have been COM
mented upon and many OF which have been read your
hearing and the law which has boon from the books
have material bearing upon the merits Of the case
and may as we'll be laid aside and forgotten by
II will be sufficient for intelligent discharge OF your
duty TO look exclusively To this provision Of the law
There two counts in the indictment TO which shall
call attention and TO which the observations that
shall make the law Of the will be confined
The FIRST count is in substance that the prisoner
Of the ships company Of the ship Erie owned in
whole in part by American citizens, in the river
Congo did practically feloniously and forcbly
and detain eight hundred negroes board, with in
tent to make them slaves And the third count s that
ships company OF the ship Erie, foreign vessel
gagged In the slave trade in the river Congo did pra-
ticaify and forciby condne and detan eight hundred
neg board such vessel with intent make them
Under the statute which have read TO YOU in
order make the offence against the prisoner
M "a tn nj har
that he is citizen Of the United States that the vessel
on which he served, with which he engaged in tho
slave trade, belonged In whole or In part TO citizens Of
the United States. II the prisoner is citizen OF the
United States then the crime charged against him OF
was on board Of foreign vessel But il he not =
citizen OF the United States, but foreigner, then
in order TO charge him with the crime, it must
appear that II committed upon American
vessel or at least q vessel owned in whole
In part by citizens OF the United States. These
two questions become, therefore. material, First
Was the prisoner at the bar ctzen2 Now, proof
is given by two witnesses that they knew both his father
and his mother in Portland Maine, before their marriage
They were both residents of that place The witnesses
also knew them after their marriage Ia the place.
and knew the prisoner the fruit OF that marriage when
mony, WAS the prisoner native born citizen, born in
Portland in the United Staes II has been argued by
the counsel for the prisoner that there evidence
here that the mother, after the marriage, the
habit of going with her husband, who sea captain
upon foreign voyages and II Is insisted that, upon this
state OF facts the prisoner have been born abroad
Perhaps, tho presumption being upon the evidence that
he born in Portlanda prima being made out
that he WAS born therethe burden would rest upon him
TO show that he born abroad But take
tied law that II be born in foreign country the
and mother being American citizens not having the design
OF removing TO foreign country but touching foreign
countries in the Of the voyages which the father
made a captain, II the father and mother were
American citizens the child, though born abroad, would
still be regarded American citizen. Next gentle
TO the character Of the vessel Was she
rican vessel or owned In whole in part by American
citizenss II appears that sho built In the United
States and belonged to American citizens that she made
voyage from England to Havana and after her arrival
Havana IL is insisted that she sold transferred
by these American citizens We have the account from
Mr. Post who owned threeourths OF her at the time of
the SALE He states that though he not present at
the time Of sale, yet OF the other part owners Mr.
Knudsen, with the vessel its master and he re-
ceived from Havana March, $780, the proceeds OF the
sale aud he had doubt but she had been sold
fsrred And perhaps on this evidence II would be d-
cult to deny that sale and transfer made of this
vessel out of those American owners 80 for as
Mr. Post is concerned, and he says also that no &c.
counted with the other part for their share
price The difficulty in this part Of the is this:
That ii not enough to show that the title this YES
sci was conveyed by these American owners in March,
1890 That Is not sufficient because before any change
can be made Of the character Of vessel after it has
been proved that she belonged to American owners 1t
must appear that the transfer made 10 foreigner
To whom this vessel was transferred have evi.
dence In the But, before said you gentle
men, is not necessary upon this branch Of the case
that the prisoner should be citizen and that the
either Of these facts exists for the commission q The
crime charged IN the Indictment This brings
US, gentlemen, 10 the merits OF The case; aud
the question Is, Is the prisoner guilty or not Of
forcibly confniDg or OBTAINING the negroes board
Of this vessel In the Congo river, with the in
tsn Of making them slaves This 10 the issue In tho Case
% far "a tho real merits are involved Now YOU hav,
the evidence, the part q the government, Of MAJ
tin, Green, Alexander and Hetelbers, four seamsn on
board Of the Eric, who shipped In Havana IN April $780,
short time After this alleged sas and transfer They
have detailed you the circumstances Of they employ
mont seanen, tho cargo with which the vessel was
laden at that porsome $50 or more hoSsheads OF louor
number Of barrels Of pork and beef 81 beans bar
rsls Of bread and rice some $50 bundles Of sbook Win
corresponding number Of hoops for ths purpose o being
subsequently manufactured into barrels casks Now
II may be material IN this ease for yen - inquire m en-
bona ode cargo for lawful TRADE and commerce. or
whether was cargo fitted out and Intended 10 be used
y the :.vs trad. TIE y We We q some 500 tons
slave trade and tbs prisoner q he ar had kDowlsdse
Of this intended service the vessel then thaA fAca
have It's weight and ts Influence upoa your minds n
20 the connection that he had with The Transaction
and OBTAINING them Il may unao.Ssdy Ss s 3 n<s
without any injustice, - matter a law tho prisoner
being the master Of tho vessel u the pert 4 havana and
1stsd out Tor that purposs Il cargo not sny pro-
per Tor thas purpose but intended for that purpose q
master who bad the control and charge q Ne vessel w
sesmen. h cAargsabls with knowledge OF tssc fscts
Now, these as Witnesses whom you have seen on the
Havana The Congo and he taxing Of these negroes on
board and starting from the river on the return voyage
70 havana iRef teetfnouy Ga o0cn DO frequently re-
ferrsd 70 By counsel and commented upon BY ihem that
Isha not tsc up your time in going IT, The four
cur In the account which they have given Of the voyage
They state that after they had been thirty days
and after having discovered tbs provisions and freight
on board suspicion arose Ia the minds Of the sailors
that the vessel might b intended for the slave trade
that they disclosed this suspicion the captain assign
ing 70 him the reason and grounds Of it The captain
howevor dsclamed any such purpose rebukcd the sus
picon. and ordered them forward They all concur in
stating that after the vessel arrived in the 0ongo river
and while the persons connected with her those who
furnished the cargo Of negroes Engaged 10 putting
the negroes on board the captain in command
Of hcr 10 far ~ they saw. That be tue Same
control over the vessel her and putting
on board q these negroes - be bad previously
cised In the course Of the voyage They state that
After the negroes we're put on bosd hsy called al
and were applied 10 for the purpose Of ascertanina
whether they would continue 70 seamsn on the
return voyage, and were told that tbsy would they
should be paid dollar head for every negro landed st
Cuba They also state especially Of thsm that The
prisoner gave direction for hoistipg the anchor and
directed tho Of tho vessel when she came out
q the river. These the material facts which have
been testified 70 by the Witnesses for the prosecution
On the part Of The prisoner you have The testimony
tho 6rst md second mates, Who In al these respects
ono orcau Aton 49, lhn~n