The New York herald., 1871-03-08
NEW YORK HERALD WEDNESDAY MARCH g. 87l-TRPLE SHEET

but the reason he told the ofcer about it was be-
cause he could not keep IL all to himself
that the chain with which Rau was fastened on
board the Old Colony was about twice IA large as
Rau had no pants on--no clothes on his legs, no
shoes on his feet; he had on an Old coat ed around
Tnis closed the testimony on both Sides
SUMMING UP FoR THE DEFENCR.
Mr.. william Fullerton, counsel for defendant
and brilliant speech. lie said;-No matter what
they might think OF Captain Grindlcs conduct they
had committed the offence as described In the sta
tnte They must hnd that what he do was from
insli,labe cau,e-and that the punishment was not
only cruel but unusual. Counsel quoted from the
LIST OF Sumner, soi. in support OF his argument. II
the captain thought that what he dld was within the
line of his duty he was to be excustd before the
world. lie must be actual ed by malice ne must ce
shown to have acted under Its force ana power ; II
The learned gentleman further stated that be
liked to see lawyer manifest zeal lor MS cleut; ne
liked to see lawyer go INTO q case with oil his
learning and zeal; but ne disliked the IDEA OF the
District Attorney who had: IN his OPENING speech,
gloated over the idea OF sending q respectable
citizen to the State Prison, ana assuring the jury
that they would have most agreeable duty TO per-
form IN helping HIM 10 arrive at that conclusion
General Dawes summed up the case for the gov
ernment, carefully reviewing the evidence, and
contendng upon all the facts developed in the pro-
gresS OF the trial that the offence charged against
the defend ant had been brought home to him.
Judge woodruff charged the Jury. Tie stated that
II Captain Grndle believed, though the belief was
uniounded, that Ran inrended TO nre the ship and
punished him Tor it, that did not bring him within
the act OF Congress- which said that III any as.er,
&c. shall. from malice, hatred or revenge, or with.
out Unsuitable cause, beat, wound 6c, one OF me
crew. II tine captain honestly believed, though he
erred this belief that Rau was dt for duty and In
flcted punishment upon him for neglecting IT, ne
was not guilty OF a criminal offence While faith
ful seaman was to be protected, on the one hand,
against cruel treatment and unusual punishment,
on the other hand, faithful and watchful officers
pline. and should see that sailors discharged thelr
duty.
DOUBLE VERDICT.
The jury then retired to consider their verdict.
They remained about an hour IN consultation On
the Clerk as to whether they had I'd agreed the fore
man read from small slip OF paper which ne held
In his hand, the verdict, as ollows:-
Judge Woodrur-That must be verdict OF not
guilty.
THE JURY suooUMB.
The clerk-You say the prisoner is not guilty.
Cerk--And so say all Of your
The jurors nodded assent.
A verdict OF not guilty was then recorded.
Judge Woodruff addressing the jnrorsI-Gentle-
men, must request your attendance at the opening
OF the court tomorrow thisi morning as find
have been obliged to adjourn q case owing to q
CALL TO POLL THE JURY.
about TO depart General Davies said:MYonr Honor.
/ move that the jurors In the last case De poed.
Judge W0odrun-The motion Is too late. The
verdict has been already recorded.
And thus ended the trial of the great Grlndle
caSe
Burning OF the Ship Robert Edwardes-The
Penalty Of Dearh-Scruplcs Among the
Jurors.
When the jury in Captain Grndle's case had gone
out the Court ordered on other business.
Charles Purdue, Charles Meredith Samuel o.
Duncan and another were brought up and arralgned
for trial. The Robert Edwardes was burned 500
miles from land and totally consumed. The crew
were saved, taken on board a vessel called tho Mary
Rice and landed at Rio Janiero.
Duncan has become witness for the government.
and nolle prosequl has been entered in his case.
The Clerk lDen proceeded TO swear jury to try
the prisoners. Four or five Jurors were sworn, and
thrse, who stated that they entertained conscien-
tiOus scruples to trying case where the prisoner.
II found guilty, would be sentenced to death, were
excused from attendance. The Court, finding it i'm
possible to secure fu! jury discharged the jurors
sworn until to-day, cautionn1 them at the same
time TO hold no conversation with any person about
the case.