New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-24
TRIAL OF THE PRIVATEERS OF TIE
SAYANNAH.
UNITED STATES CIRCUIT CoURT-BefOre JUICES NBl-
son and SuIPMAS.


Punctually ct II O'Clock yesterday morning, the
counsel Witnesses and prisoners in tbs important
esse assembled in readiness for the trial. as previous
~ arranged, in the rooms Of the United States
Cour, Chambers street. No delay, therefore "o.
place and good deal Of progress was e ~, y
tie time the Court adjourned. at % p NJ Inc Pr
cutiOn was conducted by United States DiS'''O.-.
torney L. D. Smith, Nh. Evarts Oe'De
with him. TIE prisoners Names as feSo 'u' " '"'
Clerk, are; ,,, ,,rb |
tTusede ceSsee Pairk Daily Albert oa'ian reis, sUsn
EoYs,a ,Senry Oman, William Chares Clarke Nehard
Palmer, Aex. CaIter Cold
Some Improvement in their appearance was OBJ
.ervsHse. They were in tolerably good humor, con-
seriug the Indictment under which they are resting
great deal g. satisfaction is derived by them, no
doabt in the act that imposing array Of the lest
lawyers Of tie time appear in their behalf among
them Jamss t. Brady, Daniel Lord, Messrs La
rogue, Sullivan, &c. Nor was there any lack Of
friendly fe,;es in the Courtroom-weh-dressed gen
temen il the immediate vicinity of the accused phi
vateers Eside the railing, and probably hailpg, as
general thing, net long since from the Southern
States. The spectators seats were @ensey CROWDED
before the hour'ef opening.
Judge Nelson asked whether the prisoners de-
sired to be tried jointly to which their counsel re-
piled in the affirmative.
THE JURY.
The Clerk a. once began the work OF selecting
jury, which took until l2i O'Clock. Every man was
closely examined by the counsel for the defense, to
learn whether or not be had formed any opinion, one
way or the cher The routine was for the District
Attorney first to inquire whether the SUBJECT haG
any conscientious scIuples in finding verdict OF
guilty, in view Of the death penalty should the facts
and law Represented, prove the prisoners 10 nave
committed the crime charged then the defence would
ssk questions about reading the newspapers, and 20
on at consi ierable length often repeating the same
thing in different language. 20
they were proved guilty Of serving under the nag
OF JeffeseoIl Davis, he would hDd the prisoners
guilty OF piracy. This was objected TO. Mr..
LarocqCe then continued by saying the case was a
peculiar one. IL was case 81 hrst impression Al
the Courts of the United States, IN which jurors who
presented themselves 10 be sworn, II they had any
bias or preiudice whatever, would have 1t rather in
reference 10 the character of the act than the act IT.
self having been not been committed. Now III
criminal trials q great deal of question had arisen
as TO hoR far Jury may NEEDLE with questions OF
law. 1t had been decided that they must be IN
structed byHhe Court, yet 1t was lett actually TO
prea, extent o matter of conscience. The counsel
cited the case Of Handy, for treason IN 49,, In
which Judges Grier and Kane held that juror
who had formed an opinion that certain rots IN
competent. Ia the United States against Wilson 1t
was held that juror was incompetent, because he
stated, on being challenged that he had read the
. newsnapers and had made up bis mud that the
of|ense alleged was treason, though he had not
FOL EXPRESSED any opinion, nor made up his mind that
The prisoner was engaged in the oiiense. The only
difference that the present charge alleged war
piracy, instead Of treason.
judge Nelson said the only difference was that in
the cases cited the juror was questioned generally
as to the crime, after he had read the transaction
which involved the whole case. The present ones
tiOn, as asked, was q mere question Of law, which
did not belong 70 the Jury
Mr.. Larocque then asked whether the juror " had
formed expressed opinion that the acts charged,
if proven, constituted piracy, which was admitted
The witness replied he was not well enough In
formed about the law. He was accepted
Thos Dengall had some conscientious scruple'
about capital cases, and doubted mlstrusted hi:
sympathies though be desired TO do his duty. He
would not iud any verdict of guilty it there were
ehe least shadow with emphasize OF a doubt.
The prosecuting attorney. desired bin to stand
zsi de- TO which Mr. Brady Of the deiense, objected
Mr. Brady said that that practice, On the part OF the
p eecuion he understood did not prevail any longer
ss the defense did not consent TO any such arrange
IA, nat. The jurors mind was very much the state o.
mi nd that every juror should be in. Some sympathy
ex ited in every bosom, audreyen IN the law. Tie
prc secution had peremptory challenge IN any case
oft piracy, although they might insist upon
the witness standing aside until the rest OF the pane
had been selected from.
N u. Larocque cited the case of ShackefO1d IL
How ard, u. S. Supreme Court Reports.
Ju dye Nelson explained the question more freely,
bu, he Juror this time himself expressed the opin
ion nat he was not altogether competent, and wa
Orda ed TO be set aside, against lengthy speech by
Mr. .arocque.
Mr. .Kron was called up. Being asked whether
he ha any conscientious scrupes, sc, he made a
nod, b at in low voice said no. The Judge and
lawye understood him to say be had conscientious
scrupIe ;, and he was about to be rejected. Tho
0uest$o q was. however, repeated, when be made al
indecisi We motion of his head, between shake anC
a nod. 1t was ROW supposed that he could not un
derstan, English. Finally it discovered that
Kron is somewhat of lingnst, and can understand
English well enough; but the difficulty arose from
the error he made of his heed in reply ing "a
the quesi ions. He was accepted.
Seyera ' were rejected and others taken, until af-
ter consid cradle ado, the Juyymen stood as follows,
and were sworn
Edward Werner, WIN. Powell, John Tyfe NegTenholi
KIon Geors Moeer Daniel D1by, VIM Ii. MsTshsp !ss.
Cassidy TIE Costello, Matthew p Bose,t, Rob Taylor,
George H. IA -ahseL
The con, sel next hustled ebout TIE tables re-
moving thei q IN direction and getting them b3c K
again to tbs r original place.
Mr. EyaA o said there were twelve prisoners and
one extra on Ferris, who had been retained 6
witness.
The Distri t,Attorney then commenced his open
ing speech 20 the Jury by reading the clause from
the Constitui ion defining piracy, and authorizing
Congress TO p mish the game. Congress attended 70
the matter by passing act the Both April 1870
Up lib Stata ties, sections and 81. The Jury, he
remarked weI not 10 be Judges of the Law, but Of
the facts alone. lie read several sections stating
chat the pepAls Of eerlsin crimes shall be death.
In 1919, the &C Of Congress expired by is own
limitation and lo2O 1t was re-enforced I'D Stat
utes %. 600l. order the more eiectually te pro-
vide for the uni hment Of crimes agains the United
States. an act was passed March l3 1926 18th Stat
ues n IISl in th last clanse Of one OF the sections
of which Il stated that the trial Of all oHenses com