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. Brady_: In response to your honor, allow me to say that I
represent Captain Baker more particularly. From the very necessity of
this case a number of counsel have been employed, and more, probably,
than will take part, as your honor is well aware, in the trial. I have
had the pleasure of conferring with Mr. Lord only once since this case
arose; and as he is in every respect the senior of the gentlemen who
are employed in the case, we should like an opportunity for conference.
It is highly important to determine what species of plea should be put
into the indictment; and while, as I remarked, all the counsel may not
take a prominent part in the argument or the trial, yet their judgments
ought to be considered by each other, and some decisive course
concluded upon. There certainly can be no great occasion for hurry, as
these men are closely confined, and certainly are under the closest
kind of restraint, from what I see around me (glancing at the
prisoners, handcuffed). I don't suppose there is any apprehension, even
if the prison doors were opened, that they would be likely to escape,
from the state of feeling which at present exists in this city and this
section of the country. We only wish for time that is necessary to
determine what kind of an answer to make to this indictment; and after
that we will proceed, I venture to say, with the utmost diligence, to
have this case prepared for trial, or it may probably turn out that
there will be no necessity for any trial. That may occur to a legal
mind, or it may not.
_Judge Shipman_: Well, let the prisoners be remanded until Tuesday
morning next.
The Court then adjourned.
On Tuesday, the twenty-third of July, the prisoners were again brought
into Court, and were placed within the bar, at the south end of the
room.
_E. Delafield Smith, Esq._, District Attorney, moved that the prisoners
be arraigned.
_Algernon S. Sullivan, Esq._, of counsel for the prisoners, stated that
all the prisoners were represented by counsel, and that they were
acquainted with the charges contained in the indictment.
The prisoners were ordered to stand up; and the Clerk of the Court
called T. Harrison Baker, saying: "You have been indicted for robbery
on the high seas; how do you plead--guilty, or not guilty?" To which
Mr. Baker replied, "Not guilty."
_The District Attorney_ suggested that the indictment be read to the
prisoners, unless each one of them expressly waived the reading. He
would prefer to have it read, however.
The prisoners' counsel respectively submitted that it was of no
consequence. The accused knew the contents of it.
_Judge Shipman_ remarked that the reading of the indictment would
consume some time; but the District Attorney said that questions had
been raised on this point, and, to insure regularity, he desired to
have the indictment read; whereupon the Court ordered the Clerk to read
the instrument.
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