The times. [volume] (Richmond, Va.) 1890-1903, 1894-05-13

board the United States ship Saratoga.
The Germantown sailed for the United
States, and on the 9th of June. 1850
! Clements and Reid were delivered TO the
authorities at Norfolk, Va.
After preliminary examinations at Nor
folk. and after the necessary witnesses
had been brought to Virginia. the two
| men were sent up to Richmond for trial
before the United States District Court
| Hon James H. Haiyburtcn. Judge. on
Wednesday, 9th November 1850. the trial
begun. Both men were indicted for muir
! der on the high seas. William +. Joynes.
| United States District Attorney, conduct
ca the prosecution.
The accused having elected TO be tried
separately. Edward Clements was first
| arraigped. His counsel were William =.
| Byrd. William a. Cooke, and Joseph II.
| Darlington. Clements Is said TO have
| been quite a young man, and OF prepos-
scsslng appearance The jury who were
to decide his fate were as follows: Peter
| Grow, Robert +. Richardson, Leonard
| Slater ". l. McMinn, J. Il. Dupuy, John
| a. Lancaster, William Bootwright, John
! d. Shell. Alexander Garrett. Charles Steb
| bins, Peyton G.. Bayley, and r. NJ. Por-
! ter.
The witnesses for the prosecution were
! Solomon S. Riggs. captain; Thomas Cas-
! telio, seaman: and Daniel j. Smith, cook.
! These three had been left on the vessel
! after the killing Of the mate and the pas
| scnger. and after the escape Of Clements
and Reid The trial was necessarily a
| short one The evidence given by the
prosecution was all on one side and
could not De rcbutted unless either or
both Of the accused were allowed TO
testify in their own behalf. Consequently
! when the culprits elected 10 be uled
| separately this was their hope. Upon APP
| t.
should. in justice to the two strangers
who could afford no other defence, the
| District Attorney resisted the applica-
ton. After considerable debate between
the counsel on both sides the Court de-
cided the case against Clements. kelG'
his accomplish, had been indicted with
him for the same crime, and therefore
was decided to be an incompetent wit
ness. This was the turning point in the
| case. The trial Of Clements lasted on.y
| two days, and when, on Friday, NoNem-
Der 10Th, at about / o'clock +. NJ the Ju~
~ retired. they returned to the court
room in a quarter of an hour with
verdict Of guilty
Rlp's TRIAL.
The trial Of Reid began on Thursday'
December II. 1850, and lasted unth rue
dav. December Il, 1850. The July W, W
as follows: James II. Gardner, WiiilaW
NJ Sntton William Slater, Hiram
Bragg Ira Tichenor, Edward -. Eacho'
charles q. Thompson, r. NJ. A ,,.e'
,r ,,,'r w Kesee. James Phillips
Frank'in Stearns. and Hugh faieish'
William T. Joynes was prosecutor anu
Robert G. Scott, y. +. August anu ~
hudson Crane were counsel lor ule 20,
orer After five days of earnest tlioi
On Tho mart OF the latter IN behalf OF
their client. the jury brought ln NeI-
dfct of guilty" as in the case or Gem
cnte They retired al 3 o'clock, /, NJ
yyere kent together all night, an"
turned into court al 2:5O L. Al" WIZ" ''''
verdict on December H. 1917. ..
Reid is described as being De'" ~"
thirty TO thirty-Gve years OF age &C.
"a slight scar was visible o." i''
near the nose and eyes. ,-. ....,
ON Tburedav ecember l9, 1870. mouu"
for a new trial was made in Clement
case. but was overruled by 'he court ~"
saturday. the I'D Of December the prs
orers were brought up for sentence OpoH
being asked if they had AWNING ~
saw. Edward Clements undertook 10 IlF0
the cause of the original trouble W"l'u
had resulted i'm the death Oh the Hh''1
ueanev. and Walker, the passenger
II was in substance TO this eAett' lIlal
az tho end of his watch" on certain
,icbt ON hoard the vessel and when ne
was off duty. ne had lain down III nus
blanket ON the deck; that he was roughly
awakened from sleep by the maze N"o
punched him With handspike ana or
dore1 hin, 10 perform duty which couid
NOT then be required Of him. lie tod
| fine mate that 1t was not ms Walch
b ! and that he would cheerfmly obey il III
| Vrere I-pon this. the passenger. John
Walker. who was STANDING near SAID 10
| the mate. that if he were the nat'' ne
would knock out hts Clements brn7s
! The mate then said to him, "Get up, or
{ 7 will knock your brains out at the same
time dealing him a blow. a struggle then
2 followed. during which Clements stabbed
| the mate with his sheath knife. HIS
companion, Reid. in the meantime had
Z come up and as Walker, the passenger
interfered against him in his struggle
with the mate. he Reid, came 10 MS Use
sistan~e. and in the fight killed the pas
senger.
Whether this statement was true or
not cannot be determined. 1t produced a
strong impression upon the public. and
reused considerable interest on behalf Of
the condemned On Saturday, December
.. 1880, the two men were sentenced to be
executed on the last Friday of the coming
January
In the meantime an impression got
abroad that these men were not guilty
of piracy in its OdiOus and accepted mean
ing The statements afterwards made to
friends who visited them i'm prison, and
which were repeated in the streets added
to this impression. 1t Was ad-
! mitted that they had killed the
mate and the passenger. but said
that II had been done IN self defence;
that they never attempted 10 carry off
money or any other valuable property
from the vessel nor had taken any from the
passengers or sailors. But thot, having
unfortunately gotten into the quarrel as
narrated above. they had thereby been
forced into a hostile attitude towards
the captain and the other men. Before
The day for their execution arrived mo-
ton for new trial was made by their
counsel on the 10th Of January, 1851.
This was deliberately argued for the
prisoners by Messrs Scott and Crane,
and for the government by Joynes. The
questions and cases raised during the
debate were considered Of so much inn
portance that the court declined to act
upon the notion and adjourned it 10
the next term. when IL was expected
that Chief Justice fancy would preside.
,rhis act of the court. of course inter
fared with the execution Of the condemned
until the motion for new trial could BE-
argued at the next term Of the United
| -.-4-. r,tetrict Court which was not held