734 Slide – American State Trials 1918 Volume X Leo Frank Document

702 X. AMERICAN STATE TRIALS.

Salem, and after the usual formalities, surrendered his eharge into
thei hands; stating that the English government waived their right
to try and punish the prisoners, in favor of the United Staten,
against whom the prineipal offense had been committed,

A primary examination was held in the Town Hall at Salem,
Judge Davis, presiding; and the prisoners were direeted to be
transferred to the jail at Boston, there to await their trial at the
October term of the United States Cireuit Court. This was done,
and on the 234 of October, they were brought up at Boston, ar-
raigned, furniahed with copies, in Spanish and English, of the in-
dietment found against them, and allowed three days to consider
and determine upon their pleas. At the expiration of that time,
they again appeared before the court, and severally pleaded not
guilty. Their pleaa wore then recorded, and the 11th of November
appointed aa the day of trial.*

November 11,

The indictment charged that the prisoners on the High
Seas, on the twentieth September, 1832, did piratically board
8 United States merchant brig, the Mexican, assault the cap-
tain, and carry off from the ship the sum of $20,000.

Andrew Dunlap,' United States District Attorney, for the
Government.

D. L. Child® and G. 8, Hilliard,’ for the Prisoners.

*The trial was at the old Masonic Temple, the building now
oceupied by R. H. Stearna & Co., on the corner of Tremont street
and Tempie place.” ‘Willard: “Half a Century with Judges and
Lawyers.”

*Donmup, ANDREW. (1704-1835.) Born Salem, Maas; grad-
uated Harvard, 1813; admitted to the Bar in Salem and removed
to Boston, 1820; United States Distriet Attorney, 1820-1835; author
of “Fourth of July Orations” (1819, 1822); “Speech in Defense of
‘Abner Kneeland” (1834); “Admiralty Practice in Civil Cases”
(1836, 1850).

®Cunp, Davin Luz, (1794-1874), Born West Boyleston, Mass.;
graduated Harvard, 1817; sub-master Boston Latin School; Sere-
tary of Legation, Lisbon, 1820; fonght in Spain against the French;
returned to America in 1824, studied law and was admitted to the
Bar; went to Belgium to study the beet-sugar industry and intro-
duced the manufacture of beet root sugar into the United States
in 1836, for which he received a silver medal; editor “Massachu-
setts Jourual,” 1890; elected to Massachusetts Legislature and eon-
demned annexation of Texas in a pamphlet entitled “Nabob’s Vine-
yard,” from which John Quiney Adama obtained many of the facts
for his speeches in Congress on the Texan qnestion; was an early
metnber of the New England Anti-Slavery Society and wrote many
letters and articles on slavery; edited with hia wife the “Antle