New-York daily tribune., 1861-11-11

sold and transferred And perhaps ibis evidence u World
be dcn 70 deny that sale and transfer was made OF 5s
Post concerned and he says also that he accounted with the
other for their share q the price The difficulty
that the title to the vessel conveyed by these American
change made Of O ss
been proved thst she belonged American owners
t vessel was transferred have no evidence in the case
But before said to gentlemen II not necessary
upon & pTaacn M ne hSad BE- an ,SSS oe
Sufficient IL either of these facts exists for the commission
Of the crime charged IN the indicsu ent
This brings gentlemen to the merits OF the casesnd the
question Is the prisoner guilty Or PGs is5eSy % % so1sD.s
issue the the real merits are Involved Now
have the on .as s Tse5.s IS s' oS on
board Of the Ere who shipped IN Havana IN hpr icv
short time after this alleged sale and transfer They naveos
tailed 10 Won the circumstances OF their employ % sea-
men, the cargo with which he vessel laden at that poi
$50 hogsheads Of liquor snumber OF barrels OF
$50 bundles of Shocks with spondng number Of hoops
for the o, being subsequently, p ri, 4s1 sp
you inquire in entering upon the consideration Of TINS
issue whether this bona dde for lawful Isde and
commerce. whether It cargo hed out and iniesaea
to he used in the slsye-trade.
The vessel was Of some 500 uns If this fitting out
oper al the bar had knowledge Of this Intended service Of
the vessel then that fact would accompany him to the Congo
River and would have its weight and It's influence upon your
minds the connection that he had with the transaction
that occurred there in receiving these negroes on board and
any injustice as matter law the prisoner being the
Of the vessel the port OF Havana and for her to
the Gorge River that this fitted out for that pur-
pose not only proper for that Porpose he ss
who had the control and charge of the weasel In pro
chs-gsble With knowledge Of these facts Now, these foor
witnesses whom you have seen & On ne '1S % hsys
the taking Of these on board and starting from the
river on the return voyage 70 hsvs he rs
upon by them that hs not take your time In going over
The four In the account which they have sven Of
the voyage They state that after they had been out some
thirty days and ssr having discovered the provision, M and
freight on board sSse 01 n the ss @
they disclosed h. suspicion to the captain es
Is Iea,n and T1 be and ordered
them forward They all concur 10 stating that after the yes
neced her and who furnished the Of
engaged in putting the negroes on board the captain
exercised the same control over the vessel her
the putting board Of these lie had previously
They s.o .e that after they put negroes bosrdf
they called an and were sPpsd 70 TO to the
on the return voyage aud told that If they would they
should be paid 81 head for every negro landed ct Csos
They also state especially Of them, that the PRISONER
gave direction hosting the anchor ard directed the
course Of the vessel when she came out o. me ryer nee
nessss FOR the prosecution On the part of the prisoner you
have the testimony of the first and second mates VINO ~ az
these with perhaps exception contsdct tnee
fonr Witnesses They that after the arrival Of the vessel
and the discharge of the cargo the prisoner no longer s,s
lie eonto Of the vessel and navigation pssed over
to Che hand. Of another o s1 70 a. the e.
tain OF the vessel aud that subsequently the prisoner bso h
cement control over her one Of tnem-tne mase,
that he present when the sesmen were a
ned TO with the view Of sscetainng whether they would
serve return and biz statement dns nom lne
account given by the IN this He says that the pms
one 10 the esmen behalf Of the owners Of the ves
sell snd that sgent or on behalf OF tne osnsts noo's
softy he made this otter to them purpose eDsg
ng them This only discrepancy 80 far as regard nat
Now as beiote stated you, the prisoner At the ".
master Of this vessel at svsns naa .hs. me
Congo River the coast OF Africa io the purpose Of so
sgns In the ayersd the s o. h enes mpSg I'M n
he coming back with her or having started 70 come ose.
with her before .ne was captured this previous
the prisoner and his TO navigate the vessel for
which found the vessel IN the Congo hysi - me
wb.,eyeg weight you may hink 1t dessrves In aiding of
porting the testimony of the four sesnea, and wiz raise ne
Tor your consideration and decision, whether or not
s rsnfeI no. pat Of the original pan Of Sss
coors5e and not lde This however Is question foI
your confederation and determination.
Now We said that In order TO sustain the charge ssainst
The pon This c Il appear that these negroes
were Cy confined aud detained on board that vessel Tor
the purpose Of making them slyes-for the purpose Of bss
word forcibiy which is material element In the crime
h & ~ rosb.rv In rica force Is peculiar element OF
the crime beipI the taking vioety the properly
t of .etnsi iOrcesHy conduct the t Of hs offender,
IN. robbeY putting the person deprived OF bis goods In
bodily fear and terror equivalent TO setusi force And 20 m
hi, c.e Thess sroes collected at the pace wbeo
hey put board bsscoons and were tDere snder
restraint b these persons who furnished them the shPs
ds They were In bondage the time and under the con
rol Of these pesons who transferred them 70 tne vessel
They came upon deck Of the vessel In that condnon and
n would 30 strange indeed II il made necessary ~ tho
av that Il should be shown that they made personal pny-
a resstsnce time sgsins being put on board and de-
tuea on board under all these circumstances suDcseDt
h. they were under moral restraint and fear-theh WIS
controlled by this superior power exercised over ther
minds and bodies and person participating IN tnas Tor
chile detention-ha Of detsnionis principal psrf
eipatng In the guilt OF the ofense. No..
Then ss 10 the intent Of making them slaves This. an.
doubedy s question OF fact for the jury You must nnd
Il but YOU can hud il inference from the surrounding
attending their being put board and foreioy
detained on board II other any lawful poIpose
had been you BY the evidence in the case ondonot
edy Il would been pepen and sasetory FOR the pur
poss OF rebuttinx such presumption OF intent But ID the
absence of any such evidence Is for gentlemen, 10 say
whether the Inference warranted by the testimony
Gentlemen think through wiih ali the observations
that deem Il advisable to submit TO you. will cali bsek TO
your mind. the material question: that you may iook into
he case with intelligence aud comprehend the real Issue In
yoyed the case and that i Were these negroes that were
pqt on board the Erie IN the Congo River In August 1850
orby detained or confined with the intention Of making
them svss snd did the prisoner board Of that vessel
the time participate in that confinement and detention
he aid iisn he n guilty of this oense under the ssSte
he did not. then he i'nnoeent. Ne.
The Jury after short absence, returned ve'a'ss