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. Evarts_: My learned friend is certainly right in saying that the
crime was completed when the Joseph was seized; but it does not follow
that the proof of what the crime was, and what the nature of the act
was, is completed by the termination of that particular transaction.
You might as well say that the fact of a robbery or theft has been
completed by a pickpocket or highwayman when his victim has been
despoiled of his property; and that proof of the crime prohibits the
Government from showing the conduct of the alleged culprit after the
transaction--such as evading the officer, running away from or
resisting the officer.
_The Court_: You do not take into account the admission of the counsel.
I believe the subsequent conduct of the privateers, if the intent with
which they seized and captured the Joseph was in question, would be
admissible; but when this is admitted broadly by the counsel for the
defendants, I do not see why it is necessary to go into proof with a
view to make out that fact, except to occupy the time of the Court.
_Mr. Evarts_: I am sure your honor will not impute to us any such
motive. The point of difficulty is: my learned friends do not admit the
completeness of the crime by all the prisoners, subject only to the
answer whether the privateering character of the enterprise protects
them. The moment that is admitted, I have no occasion to dwell upon the
facts.
_The Court_: I understand the admission as covering all the prisoners,
as to the intent.
_Mr. Brady_: That she was fitted out as a privateer--the enterprise,
and capture of the Joseph.
_Mr. Smith_: Is the admission that all were engaged in a common
enterprise, and all participators in the fact?
_The Court_: So I understand the admission, without any qualification.
_Mr. Smith_: Do we understand the counsel as assenting to the Court's
interpretation as to the breadth of the admission?
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