New-York daily tribune., 1862-11-07


John W cO.liss .st SEsris: or,hsm 9. al, a sass.,.
Judgments ordered.
SUPERIOR COURT SPECIAL Tzsx.-Nov g. - Before
Justice BARBOUR.
DECISIONS.
jules A. Candee ct al. agt. Stephen F. Williams.
Judgme It for PLAINTIFF on demurrer to complaint
Lewis S Levy agt Anssasias Nichols Of -Judgment for
William Essron sst William McKess-Jadgmsns for
Phrios ast Ba,ts.Fur.her papers be furnished 10
the Court
UNITED STATES CIRCUIT COURT-Nov. 6.-Bsfors
Judge ShIPsAS
THE CASE OF sAETos-THE JUDGES CHARGE.
In the Gaze OF Jose T. Santos, charged with fitting
Of the saver Cora the Judge charged the Jury follows
GEsrIExgS OF TEE JrRr: The defendant, sInsos, 10
charged in the Indictment:
l. With fitting out eqaippins and loadips the bark Cora
or causing the same da,e this port; for him.
self With intent employ her in the slave trade contrary 70
With sending her sway aud causing her SAT- from Ibis
port as owner for himself with like intent she having been
previously fitted for hat purpose. D..
With h,ns ooi, equiPpng and loading her. - factor f0
With causing her 70 ssT and sendrs her away factor
for others, with Ike intent . 90. .
S With aiding and abeng ss owner, 70, himself in sach
fitting out equppng snd loading her. with ike intent
g. With sidng and abeink factor for others, In fitting
out, lcsding and equipping her, with lise inten';
In order 70 the defendant undr this Indictment
sn that you find the fact proved beyond reasonable
doubt he fitted out equipped loaded or caused TO ai
from this port having previously fitted oy the bark
Corr wb intent to employ her unlawful traffic,
aiiel and sben.d In so doing with thi. intent
1t immatesia whether be did 70, himself As owner OF
uat owner or hsvng ntees, IN The voyage or venture
or whether he did sgen factor for another or Others
If he did ft out Load equip, aid ard see others IN 20
doay with ineo 50 TO employ her ia the slssstrse be h
ty whether be did for hin self alone or for hnnef and
others or for others .on. ~ ne EN- ne, orns. '
intent ,hls 70 employ her be L guilty though ne nay
have done wholly for th. oeoehs OF ae's ns es hr
,b ~orsse /, m..-rs not whether his eempensson was
IN The iorIn Of rom mission brokerage or whether he
al
the guilty latent Hsed to employ her In this guilty and
10 the extent Of the dtment It is not necessary that
honi have been con poe that she should have had
most o. the : the de.sisn. .h,ud hav. pus on
s thai pu bo.rd OF her II she WAS but partial
6d .nd tie deendant participated 10 to that
s,nent with the guilty intent which have already named,
then he committed the criue prohibited By statute and ls
ira, III. ve.e was ,,ed here by with this ln-
tent tho elaine to have proved beyond al Doubt
uch 'cs by the Drct.Attoney, she proved The
character Of her h,ent oy the voysy.s she scnay per-
formed IA yery little addition TO tue equipment tn WHICH
.b started from thi. port That she found With large
nnbe of slaves board does not seem to be ds led and
l. conendel that the evidence shows that few beans con
the only article added 70 tie stores she took ou; rom
the len this gort t she was captured ~ Tho COL
.tellatiou, on h.. wsyNo Cuba
Now d he defendant participate in contribute TO- OF aid
or abes tn, ntmeD, either owner o. or partner i tho
prise factor for oi.Is alone with iutn, to EN-
r~d II you satisfied that lie did. beyond reAonas!s
d'nit you svili End him guilty ,,.s,
TIE mot noTient part OF the direct evidence that the de-
rd ut actye pscipslor in the uttins OF. Of This
vessel with guilty knowledge snd inent comes rom Gun
deron t Of what took place nom tne inception
of this enterprise ti the sailing OF the oetx Tor Aicah
and ceu'iAnti. ana tne Jury oeusses n.s 10
racv tie, can have hesitation In coming 20 arsgt
Now 3 conceded that Gunderson was an sccompce 10
the crime At undoubtedly c,mDhed ana II Is iennr
ian uo that hs the jay nave the shtt convict on
the iesn.ony Of acconphees acne ye, the only se Ad
proper course to reque a tnsf testimony ~ sor v ".
aat.l psrs should be supported by corrooorston hi
degree Of a,y WI sqais Is 'I them ID .ss
il NAV more ia Others esscepe1dns on the naihef OF
the witness the probability Of his .,or, and u. harmony
In weshir. this testimony OF Gunderson you VIII ook AZ
All these which characterized the Of tne
.sacon vcn by him. his manner on the stand AnI ms
onsl between hi statement and that OF Wagner on ore OF
Two pn,. sad then ssy what degree Of eorroooraon yon
viii require in order to give h statement o credit Ioa
wi hen look to testified to by other witnesses who
aFe not accompces which which 60 70 cerooosss n sd
determine whethsr that corfoooAtion Is o. IS not 20
t,y you of the .ubsens truth OF HE statements M 10
The sailors WHO testified are TO apply the sane rue
10 tnem IN weighing ber testimony One secomPce canIo
Iss Law tss wi cy made the testimony Of sccomrces
adni.sbe and with the caution h- some material cor'ooo
rtcn from should be required has leu
,h crediby other .s,eocnt. when eefiSooIated to hs
ry alone IL alone TIE Character Of the aceompice
but also IN. truth ehood Of bic statement that the Ja
deal With Tie very ground sPsp waien .Le .w Ss
the cno his defective IL credit withoa IL but
tc re.on c the Jury whether the cotfooo,ioa gwen
supties tie defect end entities his statement TO belief
ars is peculiar ctcuua.snce IL the case beicro rs
which do no cten .ccar. and that Is ;he dappesIance Of
The defendant during the progress Of the trial he WAS IN
Crt sizing be,ie hs counsel during he hrS day Of tAo
@ and vas see on the d.y follow ing By Of them since
rLieh hsv- no td him = - tor the Jury 10 give
- sch weight IS they ,hink Il entitled TO- 1.
/, ,r them 70 whether accident have b. fallen
him 10 this popuous city away from every eye or whether
h hs eed they are satished that he his fled 1t L. os
them say neither 1t il nom fear conisteEs win inIe
r-r Sc o. ffom fe.F arising out Of conscious guilt
rhe boi, cse the with the jury rhesvilencs
OF the acompAcss tie Indspaed facts, and the testimony
of those who not accomplces IL rests viii
the Court ony declare the Jaw Of the by that sw
tie Jury are 5onnd Upon them fes tne cole rep3D5It,
of .tefminug tie fsa duty OF gave aud hTh Import
4 4 Of
the f.saes of Jrfrs IN the protection ol le nnoceat sHs
/ the punishment o. 'ae guilty.
Ifyou are s4,i.d beyond ssonable doubt lhiSh
a.. .dsnt guilty. be i entitled the oeueh ol that ~
aud 70 on sc1ult you satisfied beyond ressoh
doubt be 4, sly, yoa will by your verdict sy guilty
The Jry after OF less than two hours, retained
with = ge.d.cL o. rot suiliyp