The New York herald., 1862-10-30
THE SLAVE TRADE.
Trial and Conviction Of = New YosA AsS-
ehans fov F1ssiag Oss . Slsvsr.

Bsfore Ban Judge shipmaB
Ocs 2S-TAs Unifod Sssses ss Albert Hoyw-rhe tria,
Shis case hss epgAgsa th coor for several days 7Ae
Attendant indicted for having as owner, factor or
agent lifted ont away from this port steameF
called the "Cty Of Norfolk with tho intent 10 employ
hsr tn the slave trade She purchased BY defendant
Il Baltimore; went 20 Savannah, thence " New York
ana anay the 9th Of juno, 1890 from that port
81 Thomas There she received On board various aru
cs provisions &c. besides those taken at New York,
including manAcles or handouns Thoncc she wont 70
barcelona, where she lcd her casks with water, and
from Barcelona to the Coast Of Africa where she took
board about eight hundred negroes which sbc carried
Cuba On her arrival OF that island she detected by
Spanish cruiser, but managed 70 land some OF tho
slaves The others were captured with the vessel which
abandoDsd and which has sin0e boen used by the
81 anish government as transport ship. Much proof
gwen tending 10 show that the httnGup and pre-
pairing and provisioning the vessel here indicated the IN
tsut TO her Al slavcr II appeared too thss shs
was suspected by our anthoes Dus after examination
permitted TO leave port
Tie defence that Mr. Hsrn did not intend 70 en-,
he purchased be either the Venezuelan gov.
ernment 70 carry troops TO Curveo Of tho Canary
islands, 70 be used under the authority OF the Spanish
government in conveying cOionss from Africa ~ Monte
viaco. Mr. Horn, the year 1859, bad small steamer,
under the command Of Captain Norton carrying veuesac
Ian soldiers and application hsd been made 70 hm 70 Oh
ant IL appeared that IN February, $780, one Francisco
hapdillo 10 New York, whore he was afterwards
and Curvco drected tho Iting up Of the vessel &c.
conditional sale OF hey was made by defendant 70 Cur
sailed FOR 81 bcmas she had on beard Curvelo, Mandio
Captain Ton. Crawford, - hrst mate Beaufort, %
second mate spaiah engineer and steward, and
a crew. OF which several werc Epanards. The
captain received here pswer or attorney TO sell the
ship Venezuela uness Curveo completed the purchase
at ST. Thomas when she arrived there Curveilo III,
and the captain did rot call TO see him. Mandlo di-
rected-actng, he alleged, for Curveo and himseh
that the title y the vesss should bs vested IN Crawford
~ Ar~S., k,.rh and fnrh 0uA a
the vessel for $50 O0O0 collateral security
for the payment Of the balance which Crveo had agreed
TO paysay SIC 900. Captain Tten left the ship at ST.
Thomas as CurvellS did 60 tho voyage TO Africa
The prosecution alleged that this was merely devc 10
up and disguise the defendants INTENT and that
there was actual sale
The defence contendod that il was lawful sen ship
here and tit her for the purchaser though II should be
that shewas TO be engaged in the slave trade the
seller had interest In the SLAYER the slave
tue That the defendant could not be convicted unless
he had the intent before she loft here that should
be engaged the slave trafnc for his benefit in some
manner in some degree II was also claimed that Mr.
Horn was bone de seller OF the ship and had net en-
gagged in shaving Beaufort and Crawford who had been
arrested FOR wully receiving the negroes &c testified
for the prosecution.
The District Attorney ana Mr. Andrew for the govern
nent Mcssrs Brady and Bebee for the defendant The
Judge will charge the jury this "wednesday morning
ocr 29-At the sitting OF the this morning Judge
shipman proceeded TO charge the jury as follows:
CESnsmEN os TIE JuRY-Your intelligent; and patient
stentien 70 testimony and the learned and eabo
10 compre-nd the facts and will render II unnecessary
do than submit the legal principles which
should guide you coming 10 conclusion. II Sa well
settled rule OF law that before you can convict prisoner
charged with crime, you must be satisfied beyond
reasonable doubt OF his guilt The burden oi proof TO
establish that guilt on the government This principle
rests on the well known rule that man is u be pre-
sumed innocent until he proved guilty II the evidence
offered in support OF the charge IS crcumstantial
evidence, that evidence, when taken together.
should. order TO warrant his conviction, be incon
With any other hypothesis than that OF his guilt
These familiar principles applicable tohe trial of all
charged with crime. The Judge then read the
statute upon which the defendant stands indicted. The
first count in the indictment charges, Ia substance that,
the st day o juue 1850. the defendant did at the
port OF New York with force and arms, for himself
awner ct out equip and load and otherwise prepare,
certain steamship called the City Of Norfolk, and did
cause sad steamship be fitted ou; equipped aud loaded
and otherwise prepared with intent rheu and there
employ her il the and business and fer the
% procurn negroes nuatoes and persons Of color
acertan foreign ccuntry-io wit; Arisa-to he trans
orted piaoe-to viii, the island Of Cuba-io
he held and otherwise disposed Of slaves and
be held servcs aud labor against tbe and
trary 70 the true intent. nf the statute Of the
United States in such case made and provided
charges that The defendant the day
Aforesaid and at this port did owner send away and
cause 10 sail said vessel from this port, with like intent
fhe third charges that ne die on the day aforesaid
owner, bat for some oher persons. factor, d.
equip load and oberw se prepare said vessel and did
her fitted out loaded and otherwise prepared
with like intent. Tie ourih count charges .iat tie
day aforesaid other rsrson or persons lie sent
caused her 10 b. seat away and sail from this port,
with like intent she having Oeore that time been fitted
ost equpped and loaded by han the dsendan) Tor ha,
purpose rhe nfh count charges that s aided and abel
Ted for himsei owner IL fitting ont, elupping and
lo.dng her that purpose with like intent Tina sixth
count CHARGE that lie AIDED and sbe;ed the hting out
ioadng ans eQuppiDg this steamer actor Tor others
With like intent give only brief summary Of the
charges in the several counts emitting tn" iechncstss
lcr Greater simplicity The day which the
IRE charged the Isl OF june 1850 but the precise day.
may appear in the proofs l. hot material There
be difficulty on that point. the acts proved
dole done a; al, ahoat tnr tiac The acts charged
either Of them constituting The offence hs; have
neru done Al the trle oi Their ronmi-son with the
.uly intent Of the defendant charged The udct.
bent in order to lustuy verdict of guilty The Jury
vii inqure warther or net the defendant did for
himself or Tor other as factor, 1T oat, equip
.,nd lcad aud send away ,he steamship from this port,
,hs ss'.~Sl business = ch.fssd = Tue
~, not, lie is mol guilty. There are some esd.us
-ls Is1 are conrcvercd, which viii reosf 70 The
ii nds ol te jury THIS steamer w,s purehasel ~ the
leendsnt at Baltimore, tud brought 10 th's port afAf
risnine trip -er which she ws ehgs-ed 70 sayannah
he was on voyage 70 Havana, in ibe lslasd y
Ss "a r sst T- ass fs ZEE Sp e,oae 9a X OWED h II e
sudsrl ani cargo put board % her, and N June o.
= % @ 'ns y iss ss %e. & 4 i eaore ~ .s q
A,d9c lltoa rn tben hgr master ard The Scsuov
.e - sreni of the tssadap Alter remi'nins al that
,slnud . tes eays. alleged transfer c the sea.er
took risce Crawford the urst mate twiio sacd ~ her
from New York, taking tue title ~ his own NAME,
and az sne about 10 cast ~ ber msorlngs,
delivered by CapIsin Tilton Into Crawford hands
for tho CO.'S, os africa wserc ste arrived,
took board a LARGE ngmbsr ~ pefror, ,ni sndeh
them en- the island el Cusa Shs was then ;fasdonef
ny her officers art Nov ihe hrsi que son that
viii naturally suggest itse4f 10 The jury al the
ieena.ns thus prspas u y. ela' apa % ,0aS ~ vs'sr
a ysyag. o, this character Yoa have heard ,,e esi
aony of Beulor, and Crawford who sailed me-
officers from New yorh the latter Of whom ullnsliy
o~nsd and commsudei Der after she lett II nomss,
ard both Of whom J,erforHei, ss soals see liz
tire voysge Africa and Cuba IN hcr. The. thai
tbe da,endsn, knew che purpose of the voyage The
tine beng lifted mere aa1 ~ the
LIME she sailed fon vii remember zoe de-
the de,~adants counsel TO instruct you that
Beiort and crawford zccouices, On tee,r s~n
pe-slou the~ you should not csnvct the
drfendast ther testimony aness tbey are curr-,o
the material iscts wnch they tsstNy That
they sccsnp,icos there be soubt, and while
the she power u they see NJ 10 convct the De-
iendant upon testimony III plmes siose u ia
proper apd The only safe TO require csfrob1raton
10 some material points ir their testimony 10 weighing
Their testimony The vii look ~ the prcbs bty "
tbe,r story Al their appearance tne stand and
sfvsuc bnv fat nstr xfstp