The New York herald., 1862-08-15
United States Circuit Court
Before Hon. Judge Shipman


RECENT CONVICTION FOR MURDER ON THE HIGH
sEAs-IMPoRTANT QUESTION OF JURISDICTION.
AUGUsT 14.The United States rs. Ferndndiao DiDlGn
chia-The prisoner in this convicted Of the
murder Of Frank Vincent of the Of the American
ship Blonde while the high seas, but was recon-
mended to mercy by the jury
Mr.. Edwin James, retained by Charles +. Loosely Esq
the Austrian Consul General TO defend the prisoner now
appeared, with his associate, Mr.. Thomas Dunphy, TO
for arrest Of judgment He submitted that the
indictment detective and The conviction against law
inasmuch as that it only alleged that the vessel on
board Of which this homicide committed was towned
In whole or in part by American citizens and commanded
by citizen OF the United statef by the act Of 1882
provided that American vessels shall be registered in
America and other ship vessel shall be deemed OF
the United states and entitled TO the benefits and prv
leges Of SUCH There allegation on the part
prosecution OF the registration Of vessel this
homicide murder not cognzable by the courts
or laws Of the United States. Ii two American
citizens bought vessel IN a foreign country,
Austrian or Frenchman, and that vessel
not registered in the Cnted states, he submitted
that the vessel was not American, and the offender
not amenabe TO American courts or suppose two Amer
built raft the Chinese waters and that homi
eide committed thereon would the party be
bic TO the laws OF the United States? He contended
he would not. He, therefore, submitted that it was
essential TO prove the nationality Of the vessel in order
maintain the legality Of the conviction II was not
american ship, duly registered and entitled TO the
priv eges Of American vessel Two American citizens
cannot purchase ship abroad aud sail about the world
without having registered her in the United states and
yet claim that the ship was an Amsrcan vessel. The
ownership not sufficient 10 prove the nationality,
and he (Mr Jamcs) submitted that the prisoner
titled TO an arrest OF judgment.
The District Attorney, with whom Mr. Andrews, his
assistant associated contended that the Indictment
which alleges that the vessel owned by American
citizens, sufficient He cited several authorities and
submitted that the conviction legal and ought to be
sustained
The Court asked Mr. James IL there were any maritime
nations that permit the citizens Of foreign countries TO
vessels In their watersy
Mr. James replied that American citizen hold
British vessel II he takes the oath OF allegiance but he
does not forfeit his citizenship as an American
The Court thought that when takes the oath Of
allegiance to England he Is no longer IN American.
Mr. James did not speak positively. but he thought
that Russia and Prussia permit all foreigners own
sells IN those countries.
TIC Court-Thcn that throws their commerce open TO
the whole worldy
Mr.. James-Indoubtedy.
The District Attorney then proceeded with his argu,
mont, and, having concluded,
Mr. James rcrlicd briefly and cited Rlker, D. 2sI TO
show that American vessels commanded by free negroes
forfeited their national character. lie concluded by
iDg that the indictn Mt bad aud Insufficient and
that II was necessary 70 show that the murder CON-
mtted on vessel having all the characeriscs of an
arrest of Judgment.
The prisoner remanded until morning when the
Judge will pronounce his decision.
On motion of the District Attorney the order 10 give
up private property to the Captain Of the prize ship Mem
phis revoked without opposition.
On motion OF the District Attorney Thos Dunphy ESQ
practitioner Of the State courts, and gentleman OF
probity and good character, was duly admitted prac.
tice in the United states courts.
Adjourned 10 this (Fridayl morning