The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-24
THE PRtVATEERS.
The Savannah Privatecrsmen-
Trial Postponed Until October Next
Suggestions OF COunscl-The Decision or
tho Judge.
UNITED STATES CIRCUIT COURT.
Before Hon. Judge Shipmau.


UNITED STATES CIRCUIT COURT.
Before Hon Judge shipman
JuLY 23.-The United States US. Captain Boxer and
2uei, Samen ofe Priuateer Sapannah-The court room
was densey crowded this morning
Mr. +. Deaeid Smith, United States District Attorney
moved that the prisoners DO aragned and called upon to
plead 10 the indictment.
Counsel for tho prisoners stated that they would waive
the reading Of the Indictment assuring the Court that
their clients fully understood it.
Mr.. Smith thought better to havo the indictment for.
naly read, TO save any question hereafter.
The Deputy Clerk, Mr. Sweii, then proceeded to read
the ndictmenta long document, containing counts
During the reading the prisoners up the captain
and mate for some time giving great attention IL soon
however, their eyes wandered with those Of the other
prisoners around the and upon the Park
to where tho hustle Of Broadway could be through
the trees The reading through they each asked
plead, and responded distinctly, "Not guilty"
District Attorney Smith the Court please the facts
In this exceedingly simple md the evidence Ia
reference to them (boh such may be supposed DO
desired by the government well that which may
supposed to be desired by the defendants) Is within
very range aud easily aainablo. have examin.
ed the testimony this with the which have
bestowed upon every of Importance that has come
within my jurisdiction and have no doubt, upon the
evidence in the case that tho prisoners are guilty
and that al a matter OF law, well q matter of
fact, they ought to be convicted Is impossible tsolosA
eyes to the facts relating this they bear u.
what Is daily Transporting upon the high Tho msr.
chant marine Of the country Ia subjected to patca SCI
cure from day to day and murder tho natural child
Of robbery, VIC may daily expect to hear of murder
On the high seas, in carrying out tho design
which seems to DO entertained by 30 many
OF countrymen, 10 strike death blow
to tho merchant of the country. 1t seems to mo
that the ends Of public justice require that should urge
your Honor the proprety and necessity OF early
trial of this case. IT, peradventnre, the prisoners
nocens can work no injury to them guilty they ought
10 be convicted and in my Judgment the law ought to take
these who pursuing this species Of uaraudng which
think the testimony will show the prisoners have been
that tho trial be set down for Wednesday, July ga
week from tomorrow. I may add that l will
DO happy TO render to the counsel for the prisoners
every facility within my power for the presentation Of
all the facts. The plea, which can anticipate
Of their authority is set forth in the indictment, and
valid for posponing the trial. none Ger.
tainy, In the present. state of tho country,
hr tarocque-I do not know whether my learned
friend, the District Attorney, expects any answer
to be made to this very eloquent address not.
Without any answer the object is answered sa-
present, attracted by the novelty of the spectacle.
There ia large body of reporters who have carefully
the public win be undoubtedly advised Of his readiness
for this trial Of his firm conviction that these prisoners
are guilty, and Of his idea tina. the only defence the
has set forth for them III the Indictment and
that they have evidence present. except such as
lie has carefully examined. But should like to ask by
what authority the counsel for tho government under
takes TO anticipate what the evidence for tho defence will
be- or what the defence itself will be that h to be pre-.
scented in this case submit that he has no such right
and when he sends forth to the public tho assumption
that these men are guilty Of piracy and robbery,
to be guilty Of tho still higher oi snUsuA' q
murder which he deems the child robbery il
seems to mo the idea might have occurred to him that
these men have been redthat they arrAgncd
| upon indictment to which they one and all have
! which puts men on trial for their lives (unlcss
come new code has been lately adopted, Of
which ! am not aware) presumes that every
decorous In this case, OF all others that the counsel
for the government should that these men are
guilty Of piracy end robbery until the has
tried for there principles OF national law in.
voved in this case aud which the counsel for the
ncnt should approach with the reserve and moderation
which ought TO characterize the government In dealing
with questions Of the here involved The counsel
has not seen the evidence for these defendants The
counsel for the prisoners have not themselves yet
and tell the learned District Attorney that whenever
this tried (and that will be tried f tried at all
with the fairness which characterized every public prose-
cution have known to appear in this court have no
| doubt hccauso the learned gentleman 10 fair, and
always mems TO be fa'r) he viii see that he he's
very much misunderstood the defence and the meaning
Of the statute under which he has framed the indictment
We not ready for trial, and the counsel we'll I'D
ysed, cannot be ready this term We have evidence Ia
shape of documents necessary to be procured from dis
lance, and than difficult to be procured In the
| present state OF the country. II will take, not
! one, but many weeks TO procure tho necessary
evidence Ths counsel has spoken u what taking
| place the What have these prisoners 10 DO
with tba,2 Does the counsel intimate that the
prisoners are to be hurried 10 trial. nDprrpaed for the
purpose Of striking terror TO others upon tho ocean,
Mr. sullivan urged 10 addition to the put for
ward by Mr. I8focQae that OF the evidence he
tended produce behalf OF Captain Baker could
obtained this aide Of Charleston, II would be Impossible,
with the utmost despatch 10 obtain that evidence within
week The WIS very Hportant one would involve
almost every question relating 10 the rights Of begerenis
and growing out perfect war or civil War There would
be brought before the Court the legal status Of The United
States towards The seeding states He wss behalf Of
bis client desrous Of further delay than neceseary
| 10 procure lhe necessary evidence.
Mr Sanford appreciated The position Of the District
Attorney representing 20 extent The interests Of the
public, in desiring to have speedy decision that the
pr bile might be informed 10 the law. He acquitted
him from any desire Undly TO urge the case but
apnng the Indictment he must say TO the Court that lie
could procure the necessary evidence within short
time as that named.
Mr. Never followed and in the Gaze OF his client stated
that he would have procure evidence from Hamburg,
% prove he not citizen OK the United States,
charged in the fifth count NJ the indictment.
Mr. H. iDrd--if your Honos please, this involves,
cfralny the yes nf thirteen p-rsops. say H0thlus Of
the public constcrs,crs either side cannot imagine
tia. the oicer 81 government s pgrs.sg thc Trial
vita ary eobn- ricw ~ the 1ahr cosf'a'rr' hvolv .