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
_Q._ You mentioned, in response to a question put to you, that you had
read an account in the newspapers of the capture of this vessel.
_A._ I was not asked that question. I have no mind made up in respect
to the subject that would prevent my finding a verdict in accordance
with the evidence; but I said I was not entirely devoid of an opinion
in regard to the case--that is, the offence.
_Q._ Have you read an account of the capture of this vessel?
_A._ Yes, sir; I read it at the time.
_Q._ Is it from the account, thus read, of the transaction of the
capture, that you found this opinion upon?
_A._ No, sir; it is not that. It is upon the general subject that I
mean to be understood--not in reference to this case particularly.
_Q._ Do you say, upon the general question, that you have an opinion?
_A._ Well, not fully made up. I have the shadow of an opinion about it.
_Q._ Not a fixed opinion?
_A._ No, sir; I would be governed by the law and instructions of the
Court.
_Q._ You are open to the control of your opinion upon the facts and law
as developed in the course of the trial?
_A._ Certainly, sir.
_The Court_: We do not think the objection sustained.
Challenged peremptorily by the prisoners.
_Samuel Mudget_ called. Challenged for principal cause.
_By Mr. Smith_:
_Q._ In a capital case, where the evidence is sufficient, in your
opinion, to convict the prisoner, have you any conscientious scruples
that would prevent your finding a verdict of guilty?
_A._ I have not.
_By Mr. Larocque_:
_Q._ You have read the account of the capture of the privateer
Savannah?
_A._ Yes, sir; at the time.
_Q._ Have you formed or expressed any opinion upon the guilt or
innocence of these privateersmen?
_A._ I have not.
_Q._ Have you formed or expressed an opinion whether the acts charged
upon them, if proved, constitute piracy?
_A._ No, sir; I have not formed any opinion with regard to the question
whether it was piracy or not.
Challenged peremptorily by the prisoners.
_George H. Hansell_ challenged for principal cause.
_Q._ In a capital case, where the evidence is sufficient to convince
you that the prisoner was guilty, have you any conscientious scruples
that would prevent your finding a verdict of guilty?
_A._ No, sir.
_By Mr. Larocque_:
_Q._ Have you read the account of the capture of the Savannah
privateer?
_A._ I believe I read the account at the time. I have a very indistinct
recollection of it.
_Q._ Have you formed or expressed an opinion as to the guilt or
innocence of the prisoners?
_A._ I do not remember that I have, sir. I certainly do not have any
opinion now; and certainly would not have until I have heard the
evidence.
_Q._ Do you say you do not recollect whether you have formed or
expressed any opinion?
_A._ I do not remember that I have, sir. I may, on reading the article,
have expressed an opinion on it; but I am not positive of that.
Public-domain text, read in full here on John Shaqi.
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