Year: 1862

SECOND TRIAL SECOND DISAGREEMENT or THE


JURY.


TIE United States rs s. b. Hdy,,es.At the opening
the Court Monday morning last Mr. McKeon one of the
counsel for the defendant stated-fe desired the in
diligence Of the Court for few In referring 10
an incident which occurred last week in connection
with the we about to try. He was appre.
hensive that the Court might have misunderstood
his absence on Thursday morning last. Ho assured
the Court that not out Of want OF respect the
Court that he absent with any view to smbarrsss
the Court he believed that II useless for him ap
pear, when he unwilling, alone and unaided BY the
assistance and advice Of his former associate in the case
TO try Of the deep Importance Of that to be
tried II is the duty Of counsel TO protect and defend
tho authority and dignity Of the Court at all times
but when the relations OF tho counsel TO the occupants
Of the bench have always been or agreeable nature
that duty added pleasure. only share with the
rest Of my brethren at the bar sense Of high respect
for the ofcsr who prssides In the hope that the
have given win be received In tho samc
sincerity with which they are offered, and that the
membrance Of the occurrence will pass from tho Court
am now ready TO proceed with the solemn investigations


Tho Judge stated that he thought TIE attendance
error and the explanations being satisfactory
we'll az graefalto him. that nothing further should be


Thc trial Of tbs prisoner was then proceeded with Tho
defendant the FIRST mate Of the ship Nightingale which,
Il will be remembered, sezod the coast Of Africa
sSd s
for being engaged In the slave trade The defendant was
Indicted receiving and OBTAINING the negroes with
intent 10 make Thorn slaves and this the second trial
Of tho the Jury having dsagrced % The former trial.


iurv was then empsnneod and the District Attorney
opened the case for the prosecution Evidence Of the
tyity Of the pvsonor the State Of Maine given and
the same witnesses examined as on the former trial
Of this case with the further evidence p Captain Taylor
Of tho United States ship Saratoga VINO captured the
Nightingale, and witness Of the name OF Herring, who
was boatswan's mate board OF the Nightingale The
witnesses testified to facts additional TO those stated
by them on the former trial.


The defence opened by Mr.. McKcon, In a speech
OF three hours. He introduced testimony mpeaching
some Of the witnesses for tho prosecution and as TO the
nature OF the Nghtngaes cargo and the good character
OF the accused.


The evidence both sides being closed Mr. Brady pro
cseded on Thursday TO sum for tho defence IN an eo
quent address TO the jury Tho closing address OF Mr.
Brady charnctcristic and powerful appeal and Mr.
Smiths argument was one OF the most elaborate thorough
and eloquent efforts OF this able and successful prose-
cutting officer On the former trial the Jury stood eight
for acqutal Yesterday they stood for verdict
Of guilty.


Nelson charged the FIRST trial. The Jury retired at
half past three O'Clock NJ, and came into court on
uray at ten o'clock and stated 70 the Court that they
were unable agree upon verdict One of the Jurors
stated that they had taken several ballots showing that
they stood a that time they stood when they nrst
retired.


Tho Court said after such declaration no did not think
It necessary further 10 connc the jury and ordered them
TO be discharged for the term.