The New York herald., 1862-05-07
The Slave Trade.
TRIAL OF sAArEL B. HAYNES, FIRST MATE OF THE
NIGHTINGALE.

TRIAL OF SAMUEL b. HAYNES, FIRST MATE OF THE
NIGHTINGALE.
MAY o-The UHiisd States Us. Sdraael B. Hayaes.-The
accused rs indicted for acting first Of the Night
ingale which took board goth April, 1861, hve
handred negroes the of Africa for the purpose
oi selling them into slavery contrary 70 the statutes Of
ths United states.
Msssrs Delahed Smith United States District Attor-
ney Assistant District Attorney Andrews appeared
for the government. Messrs- John McKeon and James
7. Brady for the defence
Mr. McKeon said that no had q motion to make. Tho
District Attorney had sent two indictments against this
defendant Haynes, Winslow and westervelt had been
nrst indicted conlonty, and then Haynes and Wnslow
indicted. lie desired TO know on which Indictment
he would try the accused
The United states District Attorney said he would
make election as TO which he would try Haynes
lie proposed try him ON the capital charge.
Mr.. Mckeon said that the indictment against Winsow
should b. settled he Icounsel) might have
sion TO examine him as a witness for the defence
The District Attorney said that the prosecution did
intend examine Westervelt, who had been al
ready tried but as the jury did not agree in his case the
government had consented 10 his going into the army
The Court refused TO make any order respecting the
Indictment winsow and directed the jury to be
ompannelled in the case OF Haynes.
Mr. Joseph Haight Ouror) in answer the District
torney, said that he would have hesitation in nding
verdict Of guilty in OF murder but he could say
that he would IN ohe criminal cases where the penalty
death be disposed to find verdict Of guilty The
Court desired him TO stand aside.
Lewis w. Dunham said he would find verdict OF guilty
death had been the result of the traffic. but other
Judge Smalley TO the juror-If the law made highway
robbery a capital offence, would you find a verdict OF
guilty if the evidence warranted IT, although life had
been taken in the OF robbery A. Certainly The
juror then sworn.
George Muller was desired to stand aside as be said
he would feel reluctance in finding verdict except in
OF murder several other jurors expressed them
selves unwilling TO lind verdict in any where the
penalty death except IN cases of murder, aud they
wore excused from attending.
Calvin Vaughan juror) in answer 10 the Court, said
that he thought capital punishment except in the
OF murder, ought to be abolished he thought n
murder other punishment might be substituted
The juror des. rod TO stand aside.
Another juror asked IL he had any conscientious
ecrupes the subject the death penalty A. ! have
in this case because think the crime committed
f committed) under the conviction that he (the
prsoner) would not be punished for it.
After the exercise Of peremptory challenges on
the part OF the accused the following gentlemen
David Griffths, Isaac NJ Sands,
Lowis Dunham, VIM. Buhler,
Ananlas NJ Cameron, Rufus l.. Todd,
Jos. Hopkins, John S. Browne
Sherlock Hllman, Joseph C. Cook
Bernard Hursom, Harris Bogert
The jurors will be kent together day and night until
che termination OF the trial
United States District Attorney neafeld Smith pro-
coeded open the for the government and TO detail
the and incidents Of the voyage the ship
Night ngae Of which the accused first mate and the
Africa for purpose Of selling them into slavery.
the trial Of Westervet second mate Of the same ves
sol iuIly reported in the HERALD and the facts
the same they do require repetition the pro
trial. The jury did not agree in the Of Weser
welt, and he is now engaged in the Union army.