The New York herald., 1862-11-09
THE SLAVE TRADE.
Uhiisd States CIrcs-St Courts
Before Hon. Juac.s Nelson and ehipmaa.

Before Hon. Judess Nelson and o0P@aaa
Nov. s---Tae Unised States q H. o. Has.ssS-1ho de
fendant IN this case was tried twice caAxse y httni
Out SLAYER The jury did agree on either oocass
Mr' James T. Brady, associated with Mr.. John McKeon
and hr. Frederick smyth, appeared TO move thas Mr.
Hayn es 30 discharged He (Mr Brady would undertake
70 say that Haynes tried y times jury would
cve fD him guilty he thought thai justice was fully
accomplished in trying the defendant twice. his charac.
ter proved 70 be good, ard when IL that
he had jumped oyeoard save saiiors life showed
he hero well phanthropist and Il was pro.
sumpve evidence thai hs would not willingly 60 on y
voyage OF this description.
the United States District Attorney suggested that the
accused should be tried on the minor charge and tAat
instead OF admitting him to be bad the Court might put
the trial down for particular day.
Mr. Brady--What Ia the mnor oGsncos
District AttorDey-The attempt 70 transport slaves,
which Is misdemcanor, the punishment n0t more than
seven years nor less than three; but not in the State
Judge Eeson--or Gne or imprisonment.
The Court took tho papers and viii render decision on
Monday morning.
The following affidavit was submitted by the acouscd-
have sister whose husband died in June last, leaving
girls This sister and her family actually suffer-
ing for that assistance which could give them at
liberty. nave an".ner IN s'ster-also wdow-who, ~
number, to fight the battles OF thor country TwosM
them have already fallen and cf the rcnalung two
has been rendered an invalid FOR life. The remaining
may be taken away at moment This sister Is in
valid ard for many years has locked 70 me for assistance
of ninetytwo years. having for many years been sup
ported by me. If the Court thinks all this not
sufficient TO make my Gaze bailabie, | will say,
and can prove, that once, atthe risk Of my e,
saved ship with over seventy souls on board fr0no
ing to the bottcn and again. during my last voyage IN
the Nightingale, st the imminent risk cf my own lfc.
jumped overheard in tempest and saved tho life of
sailor This proved by of the most bittor wit
nesses against me. have been prison eighteen
months, and am completely destitute. I havo neither
money nor clothes, and think II would bc an act Of hui
manity 20 allow my liberty. II only for short time
Previous to my last trial. wrote TO the Marshal and Dis
trct Attorney oerns services 10 the country In any
way In which might be useful. $. Il. HAYNES
Sworn 70 this 5.h day Of November, 1862
r T.. srnwErI United states Commissioner
Tie Utded States u. Albert Hyn.-In this case thc de-
fondani convicted of fitting out SLAYER. Dir. Brady,
associated with MIR Beebo, moved for trial. the
ground that the jury, after they retired 70 their room
also the ground Of the inadmissblty Of the esony
OF the wife Of Crawford who was admitted by the prose
cutou TO be accompce in the matter. He Submitted
thatths action OF tho Jury was opening court N the jury
room ia the abaece Of the Judge the representative of
the government and the counsel Of the accusod II the
Jury have right to send fer directory. they would
have right TO send for witness and examine him in
the jury Mr.. Brady cited several authorities IN
support OF his views and submitted that the defendant
was clearly and justly untitled 70 new trial.
The District Attorney replied
Mr. Brady then read the affidavit of Thomas Charook,
the Jurors which TO the effect tla ut the
quest OF OF the the city Directories for the
years 1852 1881 were furnished them, aud that
agreed upon verdict but did subsequently agree Mr.
Brady tcn contendcd chat the testimony OF Mrs Craw
fogd the wife Of the aecompiicc in tho Case inad-
issbc inasmuoh that the law suproses that she
the influence OF her husband and that she would be
acuatcd the forco Of her testimony order TO obtain
FOR husband pardon.
MIR. Brady said ii would be dangerous invasion OF the
rights Of an accused PARTY TO give Jury the power OF
turning hor room into court, ana there receiving new
Testimony.
The Court took the papers, and will render decision
Monday morning.