The New York herald., 1862-10-30

OF the ntment Is not necessary that should have In
cudcd everything required for successful slave
voyage II she was partially fitted here and her equip
ment oompisted at ST. Thomss and the partial 6tment
here done by the defendant by biz directions or
procurement with intent to employ her in this
unlawful business, then the crime committed
and you should And the defendant guilty
II is contended by the defendant that tment Of the
vessel here as he concerned, had conneC.
tcn not intended by him TO have any connection
with the voyage upon which she finally sailed from ST.
Thomas And in support OF this claim Tiltons testimony
and Cubelos deposition ofiercd connection with
letter OF instructions Ton, and other ev vdence
which you will recellect. You have heard the
mcnts o Captain Titon, and seen him the Yon
viii recsect that he stated that he had very little TO
say 10 Cubelo or Aaldio the voyage Tho
mas (botb OF them being on board, they talked
spanish You have heard his statement That be never
also his account Of the alleged sale at st.
Thomas. Yon will have before YOU also the
letter OF instructions Of the defendant to Ttop and
the deposition Of Cubso, and the papers an
nexad 10 IT, and you VIII say whether the
transaction AT St. Thomas, which is termed sale
whether it device 70 guilty enterprise
and conceal the guilty projectors OF H. yon salts
fled that the transaction mere pretcDcs aud cover
ans that il was so understood by Tltsn who old
and experienced ship maser then yon VIII say how far
he r. entitled to credit in the other parts Of his testimony
II are satisfied that this transaction AT ST. Thomas
sham II does not necessarily follow that the de-
sndant authorized IT, But you will look further asd
what the conduct or the endsnt when this trans
ACTION OF his agent, Tlton, made known u him
Did he dissent from H. and call Tton
Or did lie approve IT, or silently acauesse in tin
this transaction, which be had large INTEREST," III
you lind that the dclendaot d,d approve silently
aueced III THIS transaction after its trse character
came known 10 him you will cay WHISTLER Or not IL
part or an original scheme IN which the lifting OF this
vessel AZ this port included and wfpch the de
fendant participation, with guilty know ledge and
intent. On this point you will consider the
with tho defendant capture
the vessel was known 10 him after Crawford and Beau
fort returned 10 this city. II this sham sale and
this vessel in which the defendant had large into
had by the fraud reckessness Of Captsn Ton,
passed into the hsnas under the control Of Mandio,
accompice aan Belfo tool Of Nandllio Theury
should inquire from evidence what The conduct
OF the defendant towards Crawford and Beuor
they returned TINS city. Did he approve or slsty
acquesce 10 What they had dooey II the jury lind he
approved silently sclnesced IN their the
vessel arrived al II Thomas and after she sailed her
unlawful voyage, they will say whether the whole
OF the taken together, which they fud
proved beyond reasonable DOUBT, are consistent with
any other Hypothesis than that the defendant Stted
out this vessel al and seat her from this
port, with intent "a employ her in the
lawful business in whsh she engaged, II The
whole conduct Of the defendant, taken together
from hEs 10 last as the jury shalt find 1t proved beyond
reasonable doGbt, is consistent with any hypothesis
th1, sdmls Of S innocence then he should he
visited bur that conduct Inconsistent with any other
hypothesis except that o his guilt then their verdict
should be guilty. The whole is with the Jury Ii
they not satisfied beyond reasonable do .b that the
defendant is guilty, he entitled 70 the bcnent
doubpand 10 an acqgitts they satisfied bey ond
reasonable doubt thai he is guilty, they viii ,cnder
verdict accordingly.
The ury retired at about quarter past eleven clock
and at two o'clock came into conrt with verdict OF
'Gglty.h
Ii having oeea ssoertane that after the Jury retired
they asked Of the officers onarge directory
wich was furnished them, The srnosiiion being that
Il was " look al Ihe lst shipping morchsnis IN New
York.
Upon ihis fact, sx-Jude Besee, associated with Mr.
james brady for the defence, notice that he
would the morning for trsi the ground
the Jury shpad have TO any book docu
ment e1cept such furnished them IN court by d.
| rscon Of the Judge sns consent Of counsel on both
sides.
Judge Shipman announced that II oticef IN charge
o. Jury should any future occasion give the Jury
anything except glass ~ water without the permission
o the Coa or should intimate 70 any person the agree
die agreement OF sry before ho informed the
CsGri sl The fsct. that sficsr Should be disnissed
On motion of the District Attorney NJ Horn, who had
been bail taken intoscustosy bv the Marshal
The pensvy or this offence, wh,ctsss ander the rtalate
merely sdemesn9r, is not than seven years i'm
pri.onnen less than three the city eolnty jail,
together with Gne ~ than S. 900 sban
81 0s0