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

732 'X. AMERICAN STATE TRIALS.

with a stock of the best provis on the coast, owing to the best
fons, such 25 beef, pork, ete.; of the weather.
take but little bread, as it spoils

Mr. Dunlap asked the witness if be had not been in the slave trade.
Mr. Child objected to the question as irrelevant.
Junge Story did not think eo, as the query concerned the ger-
tleman’s (he begged pardon) the witness's character.
Mr, Dunlap again put his qeestion, when the witness replied, that
when be eonld not get ivory, he bad certainly dealt in slayes.
November 18.

The District Attorney stated that an officer had called upon him
last evening, and asked his opinion whether or not he hed done
wrong in permitting an individual to speak to one of the jurors in
his (the officer’s) presence; the conversation relating wholly to a
cargo of fish, and having no connection with the present ease.
Mr. Dunlap said he did not mention this from any desire to subject
the officer to punishment or reprimand, but simply from a desire
that the Court should express such an opinion as would serve for
the future regulation of the matter; both jurors and officers at pres-
ent believing that they were justified in aeting as above mentioned.

The Cover stated that there were some cases in which it would
be unjust, cruel, and against the interests of justice, to refuse a cer-
tain degree of liberty to jurora. In the present ease, a juror had
been taken ill, and had sent for and been visited by a physician.
The permission of the Court ought, however, to be obtained, when-
ever possible, as it was of the utmost importance, during a capital
trial, that jurors should be kept from intercourse with any but the
individuals of their own number,

After some remarks from Mr. Dunlap end Mr. Child, it was
agreed that the jurors in the present ease should be permitted to
have intercourse with their friends, and to send written instructions
for the regulation of their affairs, providing always that such inter-
views and iristructions take place and be given in the presence of
their colleagues and the officer to whoee care they had been entrusted.

Captain Arana. Tt was not
likely the Panda and Mexican
conld meet at the point where
the latter was robbed. Should
they do 80, it would be a miracles
as the clipper, eailing so much
faster than the Mexican, ought
to be greatly ahead of that veo-
sel, The weather in the months
of August and September would
be favorable for the schooner’s
passage from Havana. The
worst weather che would have
would be off the Bermudas.

Santiago Elorza, Have fol-
lowed the sea five years, and have
been an offieer three years. Have
been oe voyage to Africa from
the Havana, and one from Cadiz.
There is a’ great difference be-
tween the sailing of elippers and
ordinary merchantmen. Tho
former is built entirely for sail-
ing, and the latter for burden.
Has seen eleven and a half knots
got out of a clipper, while the
brig I am in now, would not go,
with the same wind, more than