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 — John Shaqi
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_: The witness has not said his sympathies would be of
that strength that would prevent his finding a verdict of guilty, if
the evidence was satisfactory. A juror that has doubts of himself is
the most honest and reliable, according to all experience in criminal
trials.
_The Court_: Examine him on that point.
_By Mr. Larocque_:
_Q._ Suppose that upon this trial the facts charged in this indictment
were proved by clear and satisfactory evidence, and the Court should
instruct you, upon that evidence, that those facts constitute the
offence of piracy, would your conscientious scruples be so strong as to
prevent your finding a verdict of guilty in such a case as that?
_A._ There must be not a shadow of doubt. It must be strong and
conclusive in my mind before a verdict is rendered.
_Q._ But where there was strong, conclusive evidence, you would render
a verdict of guilty?
_A._ Yes, sir.
_Mr. Evarts_: It is pretty apparent that the juror does not regard
himself as in a position to deal impartially with this question, which
involves human life. The intention of this cause of challenge is, that
the juror should be in a position to yield to the evidence that just
assent which its character is entitled to call for, unimpeded by his
repugnance to the result when fatal to human life. Still, if your honor
should not think that upon this ground he ought to be excluded
absolutely, certainly it would be consistent with the course of
practice, and with the just feeling of the juror, that he should stand
aside until the panel be made up.
Public-domain text, read in full here on John Shaqi.
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