The New York herald., 1863-11-20

the deiendants 20 sPpeal. On the other hand, We
should be of different opinion and refuse rule and you
desire take the opinion OF the Exchequer Chamber
the question: would not be open you do wish
for my part and believe Iexpress the opinions OF the
OF my learned brothers, that these matters should
be clearly rnderstoodvz first, that the bill OF excep
tons Is abandoned secondly that the court would take
my lords report OF his direction TO the Jury and thirdly
that there should be appeal from decision by either
side except on matter OF law.
The Attorney General said he entirely bound by
that when he spoke of instruction he must be under
stood TO include IN that both OF the propost tons
which he perceived from the books had been grounds
on which new trials had been granted ia various
cases-the omission TO give proper direction, ana
also giving direction which in one sense might
be just fed but which al 1t was given had tendency
TO msead, and might have msead the Jury the learned
Attorney General then stated that the vessel question
had been seized in May last In the ship building yard OF
Messrs. Miller & Sons, at Liverpool. The information
contained ninety eight counts, that number beng rem
dered necessary by the structure Of the clause
OF the act of Parliament on which the Information was
founded The persons who were charged in the inorma
ton with various acts against the seventh section or
the shipbuildsrs Fawcett & Co., Manufacturers Of
machinery At Liverpool. who appeared as claim
who were the general agents for the business Of
the so-called Confederate States at Liverpool Cap
tain Bullock tho special agent for the business Of those
states, and person named Tessier, who also en-
ployed in the like capacity Those persons together with
others unknown, were charged 10 every count the in
formation with different acts In direct violation OF the
Foreign Enlistment act. The separate counts were
founded the 7h section which was directed against
the equippng furnishing t,ing out or armng o. ship
vessel or attempting TO do so. with the intent OF en-
plOying such ship vessel In the begaren service OF
foreign country or State against persons with whom her
Majesty was not at war u was TO DO observed that tue
information only charged elIppug furnishing hitting
out, or attempting to do so
The Lord Chief Baron said his impression that
arming was not charged.
The Attorney General replied that eluppl1g, nrnlsh
ing and ftng separately charged and IN IKE
manner were separately charged the attempting aaI en-
deavorng TO oup furnish and 0t out the procuring
10 Ike manner aiding or assisting or being concerned IN
like manner, each being IN the disunctve aud being
made separate offence by the statute lie asked part
cular attention this because thay thought thai the
learned Judge at the trial had entirely ookej the
existence OF these provisions against attempting endea
voring and procuring and Knowingly adg and
and so on They OF course charge in each e that these
doue with the intent mentioned 10 th ttu,e
and which, he apprehcIded would be found % be the
gis The charge was met by Fawcett & Co wno ira
versei generally the whole of tho Information support
ing their locus siGndi IN the In which
toms Consolidated act provides shall be doue me Ator
ney General then proposed TO 60 through the evidence
given on the trial taking the effect OF Il ana applying
that to he act Of Parliament in his way, first
support that ground OF his motion which rests on the
verdict being against evidence aud then Afterwards come
to the direction OF the learned Judge and when he did
he thought the Court would be OF opinion that the jury
had no opportunity whatever OF giving verdict On the
oec of the evidence reference 10 the view OF the act
of Parliament upon which the proceeded 1t was,
fact left to them at all In tact the bad been
left to them preclude the OF judgment by
them what the crown regarded as the true aad sub
stantis question to be determined The case divided
itself substantially into two poins-the equpping, fur
nishing and lifting out and secondly the attempting TO
do with tho intent OF employ ing the ship in The man
both those points the evidence was wholly one way
The vessel launched IN March. and IN April she
seized by Morgan tho officer She incomplete, but
had three masts in her upon which were lightning
ductors: part OF nor machinery and other fittings
board With regard 70 the character OF the ship the
evidence OF her build showed that she gunboat,
and had buwarks and rudder adapted oay, and pecu-
arly fitted for vessel OF war. She could not have
been employed mercantile purposes but could have
been used as a yacht, Although there fittings
on board yet weeks work, which could have been
done al any time, would adapt her for the service Of pivot
guns '"-
The Lord Chief Baroa-Captain ugieield said that the
vessel might have been used ss yacht but she could be
The Attorney Generai--I have already said so but he
said the lifting her as vessel OF war could be done at
any time and those things would be left to the last that
were most equvocal as to her character Her machinery
was in active preparation and in short time wuld have
enabled her to go to sea. She had hammock MEETINGS
and stanch0ns and preparations tor gun carriages The
learned Attorney General having proposed to divide hts
address into two three heads went first carefully
into detail o the evidence OF the ships structure from
printed volume OF Mr. SHELLS shorthand OF the
trial. The Hrst witness touched upon was Brown. who
had been engine driver in the employ " Miller, the
builder OF the Alexandra who stated that no remember
ed three gunboats being ouin In his nsSdr yardtvc
Packer who was in the service Of tawcett Co the On
ginsers who making the machinery for vessel
known IN the foundry No 2,2O9 said that the ship Al
exandrs was known by that number. Black, ship
penter, among other things said that he examined the
bulwarks of the Alexandra, and they were not those
of a merchant ship: they were two and a bali feet
high, and her decks we're pitch pine and the vessel
not qualified for mercantile purposes. bu. adapted
a shipbuilder stated that the plankng OF the bul.
works three inches inside and the lower part,
and two aud halt inches n the upper her rudder
also very strong unusually 30 Tor any vessel be used as
a mercantile vessel In examination he SAID that
thick bulwarks had tendency to weaken vessels gene
rally. IL unnecessary weight unless for the re
sistance OF shot, The next witness the Attorney General
said, Captain lngened Of her Maesiy's ship Maes.
tic gentleman whose evidence appreciated BY both
sides The captain said that he had examined Alex
anra, lying in the roxteh Dock at Liverpool and had
examined the fittings they had gone She was
built of the works being o m Al
she strong built vessel; certainly intended for
mercantile purposes, but might be used and easily
convertible into a man0l-war, and sucu
strength as would adapt her beng used as such.
she had accommodation for men and officers. there
was only stowase room enough for her crew. The G
were guns immediate preparation for glns. There
where at the sides and plates on
which pivot guns would According the mary
arrangements now day OF menolwar OF her size, she
would probably carry two or three guns, more
pivoi II the guns were OF certain dimensions there
would be ports, as they would be pivot guns and
would nre over the bulwarks. The bulwarss we're tow
but similar TO the buwarks Of gunboas in service
In examination the captain said she was capa
OF being used yacht but mercantile purposes
becise she had no wage for merchandise there were
cabins for five officers capt ,ins cabin ana mess place
In answer g. the question What was the difference be
the cabins you saw and the sort OF cabins that
be found in yacht supposing she was going to be used
for that purpose the witness anawered the dit
ference The next part o the evidence touched upon the
fitting furnishing and equping OF the ship distinct
from her structure Barnes, the engine driver, had
stated hat although ne could not state who had brought
the boilers. Fawcets boermakers were on board the
ship ana about the boilers, as well the propeller
shaft. The witness Hodson said he had been Faw
cett Co Is yard for machinery for number 2a0g and
also for cnches and bolts, and that number LOS
known the Alexandra Morgan. the ocer said the
torney General is the next witness. IL would be import.
the court 10 bear ~ mind that hammock ngs
have especial connection with warke purposes,
Morgan that when he seized the Alexandra WORK
men board her, and they htng the stan.
chons for the hammock nettings The witness Green
when speaking Of the hammock uetnss. had said 81
discovered iron sanchons aud staples were IN the sides
Of the vessel TO receive them. aud that ssch a
thing very seldom in merchant service 4"
Upon cross-exsmnaon he stated that yachts hsmmocks
seldom put IN nammoc. racks, but when they
put there II was simply 10 AIR them The fxiug OF ham
ocSs hammock racks usually resist musketry
The Attorney General said he would refer the ev
dence that 70 show that the guns gun carriages
intended for the Alexandra, aud such guns accord
ing 10 the evidence Of captain lngefcd would be use
ful and necessary to be employed on such ship.
The evidence was 10 the effect that three carriages
were being made for pivot guns, and that guns
being prepared the time that the mschLery he
manufactured for the ship The carriages made "
English elm ana the sides Of teak both obiaiued from
Messrs Fswcetts yard
nave now, contin ed the Attorney General read
dence enough TO convince auy one that ship spe
ciay constructed for wsrse purposes and able 10 take
the such at the time .he sezed st Liverpool
She prepared under the of agents
of the Coniedef Captain Bullock