The New York herald., 1862-11-07
Another Alleged slave D.a..s Acquitted.

Nov 6-The Unied States cs Joe.nh q sonsa,-ln this
cage Judge shipman charged the j. ~ iollows:--
GEyTrExrN JrRY--Tbe tctcndant, Santoe, Is
charged IN the iBdfctment-1
l. With fitting out, eqdipppg and loading the bark
Cora causing the te be done, at this port
himself with intent 90 employ her In the slave
trade contrary 10 the statute which have read to
q With sending her away and causing her 70 sail from
having been previously 6ted Tor that purpose.
with nung out, equpping and loading her az factor,
for others, with like intent.
T. With causing her 10 sail and sending her away, as
factor for others, with ike iatent.
g. with aiding and ab.tting owner, for himself, in
such fttng out, equppng and loading her. with IKE n
O. with aiding and abetting factor. for others in
htng her out oaiing and equprng her with like intent
ln order 10 convict the defendant 1nde' tnis ndiement
sufficient that you find the isc, proved beyond
sonatie doubt that he fitted ont, EQUIPPED, loaded %
fitted out ID. bark Cora with ptent 70 employ her n
th,s nn.Sw tranc or aided and abettsd IN 50 dong
with This intent. IL 10 iDnateral whetebT he
did u for himself owner, part owner,
having interest in the voyage venture, whether
,, ae d,a agTr. Yr factor for sSssSr " 9'af. ne
dong with intent employ her IN the slave trade he
is guilty whether nc did IL Tor himself alone, for him.
SELF AMI ctlers foT others alone II he her
from this port she having been here previous lifted or
tiat purpose, with intent thus ~ employ her. he u
guilty Though he have done wholly for the benefit
o. Others lac himse having interest whatever in the
ship cargo IN the reant Of the voyage II matters
net whether his compensation was In the form Of com
mission brokerage, whether he received com!en
sation al all provided he did tie with the guilty
ten. named viz Ito employ her in this guilty and for
bdden A. 10 the extent OF the hsment, ~ s
not necessary that u should have been complete that
abe should have had every most OF the articles
board required for save voyage Nor is IL necessary
,ha he aecadaut should have put on board all that wa.
put board al her II she but partially fitted, and
the defendant participated in or contributed 20 that ut
m.rt with The guilty intent hch have already nsmed,
then he coipntted the crime prohibited by 81 utc and
described In Indictment. That this vessel htte
here by with this intent the government claims
70 have proved beyond all doabt; nasmuch clsimed
by the District Attorney, she proved the character
very . ssdep i1s % Ss with which sSs
started from this port That she was found with large
aosa sSss :S sHsf 70 3 sas
beans constituted the My article added to hs es5f he
took the time she left this p5fi lii shs cap
tured by the Constellation on her 70 Cuba Now did
the defendant participate contribute 70, aid or sbet
this htment either "a owner Of PARTNER 10 the
tsprise or factor for others slone with Intent 70
employ her In the business Ia which she found when
captured3 " you are satisfied that be did, beyond
reasonable doubt, you will ind him guilty The most i'm
40 active psrcpsor in the ting ont Of this vessel with
guilty knowledge and intent, comes from Gunderson
Ills statement Of what took psee from the inception Of
this enterprise ill the sailing t tho bark for Africa e
minute and crcumstaniia and ths jury believe that
he states acts and declarations Of Santos with subsan
tin, accuracy they have hesitation Ia coming 10
suit. Now 81 conceded that f;underscn was accom-
plire In the crime that undoubtedly committed
II is familiar rule law while the jury have the
right to cosv,ct on the testimony Of accompiicss oous
yet the only safe and proper course 10 " require their
testimony 10 some d us material parts sbonld be-
ury VIII require s for them II the exercise II sound
discretion 10 determine. In some may be more,
IN others ersdependng the manner Of the witness,
the probability OF his story, and harmony with the
natural and nndispusi features a the ln weighing
circumstances which characterized the account OF tie
transaction given eby him, his the stand and
Tie nfcs between bis abatement and that OF Wagner n
one on two points and then what dexroo or corrooo
ration you viii require n order 70 give hts statement l
credfou VIII then look 70 tsa facts testified 10 by other
Witnesses, who are not occorpiceS which to csyrobo
rate and determine whether that cprOburaticn IL
V not sufficient 20 satisfy you OF the substantial truth u
nis statements. Ne IL the sailors have testified You
apply the rule Ia them IN weighing their
tmony. One acccnploe cannot he said u curroborats
another The law has wi.eaj made ,e testimony Of nc.
teria CONFEDERATION from rnmpesched should be
required mas left the crediby OF their statements when
scter Of the sccompce but also the truth fsschood a
bis statement that the ury hsy~ 20 deal with. Tho very
ground upon which the law demands confederation i'm
plcs that from his connection with the crime bis testi
nepy s defective In credit without t but the question
supplies he defect, and entities bis sa,eep, s'Ve0 y
belief. There is one peculiar circumstance In the
case before us which doee nc often occur that the
disappearance m the defendant during the progress the
trial e was 10 cours, sitting beside bs counse, during
the first day Of the trial. and tho day follow
ing by OF bem since which we have no tidinss of
him. u " tor The jury " give this circumstance such
weight as they think entitled TO- u IL for them 10 say
whether scme accident may baye bclaen him IN this
popucus oy, away from every eye, whether he has
led " they satisfied that he has o-t is for them
To say whether Is from fear innocence,
case on the iacts with the Jury The evidence Of
c2mplicee The undsputed iacts, and the testimony Of
those witnesses who not IL rests with
The Court only 10 declare the law oi tho case rs that
law the jury are bound Upon them rests the
sponsbiiy Of deiermipg the fac-a duty of gave and
nigh import The security of society and individuals
largely depand upon the istbnness u urios IN the pro.
lection 0 the mpccent and he punishment ~ The guilty
ron are nni rstsued beyond reasonable doubt that
the sctandint gully be entitled 10 the beneGt of that
doubt, and TO an snquitai you are satisfied beyond
reasonable doubt that he ~ gpty, you VIII by ynuf
dot. esy gulty Council for The governmal. United
'"'ss ''ir .''orrev and Mr. Andrews; for is.onoe
sNk = ssp - S~iS.