Trial of the Officers and Crew of the Privateer Savannah, on the Charge of Piracy, in the United States Circuit Court for the Southern District of New YorkWarburton, A. F. (Adolphus Frederick)
History
Trial of the Officers and Crew of the Privateer Savannah, on the Charge of Piracy, in the United States Circuit Court for the Southern District of New York
Warburton, A. F. (Adolphus Frederick)
Piracy -- United States; Privateering -- United States; United States -- History -- Civil War, 1861-1865
_Mr. Larocque_: It would be utterly impossible for this case to be
tried this term. In conversation with the counsel for the Government, a
few days ago, the gentleman himself declared that the case could not be
tried this term of the Court, and it would be impossible, your honor,
for us to be ready for trial during this term. It will be necessary for
us to obtain testimony from abroad, out of the limits of this State,
and that cannot be procured in time to try the case this term.
Certainly, no interest of public justice can suffer by a delay of the
trial of this case; and I think it is eminently proper, and I am sure
the Court will agree with me, that a proceeding of this importance
should be conducted with deliberation, and that ample time should be
given to the prisoners to prepare their defence. I had understood,
moreover, that some intimation had been made by your honor's associate
on the bench (Judge Nelson) that he would attend upon the trial of this
case. I am told that Judge Nelson met with an accident shortly after
his return home from his attendance upon his judicial duties, by being
run away with by a horse, and that he is so lame that he is unable to
move at present; and I am very credibly assured that Judge Nelson has
expressed his conviction that it was his duty to attend and to sit on
the trial of this case. Very important questions of law will be
presented, and your honor is aware that in a criminal case in this
Court there is no writ of error. The prisoner has the right to a review
of any decision that might be made in this Court, in case a difference
of opinion should arise between the Judges who preside. And certainly,
in a case of such great importance as this is, where the lives of so
many prisoners are at stake, it is of the utmost consequence that there
should be a full Court present when the prisoners are tried. So far
with respect to the trial of the case. Now, your honor is also aware
that, by the statutes of the United States, the prisoners have a right
to a certain period of time before any movement can be made with a view
to trial. We certainly cannot be ready to plead to this indictment in
less than a week.
_The District Attorney_: The Court will permit a single remark
concerning the conversation to which my learned friend has alluded. I
never intended to say decidedly that the trial could not take place
during the present term. I did, however, at one time, express an
opinion that, as the term was nearly ended, and as the summer was upon
us, probably I should not succeed in bringing the case on for trial
until the autumn. As, however, the indictment has been promptly found,
delay till fall is, I trust, unnecessary. Events continually taking
place upon the ocean seem to render it important that the trial should
take place at an early day. With these suggestions, I leave the matter
entirely with the Court, where, of course, it ultimately belongs.
Public-domain text, read in full here on John Shaqi.
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