Reading Time: 3 minutes [344 words]

768 &X. AMERICAN STATE TRIALS.

tried here with reference to it. Suggestions had been thrown
out, and questions asked, as to whether money had not been
divided among the crew of the Curlew. This question no per-
son could misunderstand for a moment. Now he must say,
as an individual, that, on the most careful examination, he
had found nothing as done by Capt. Trotter, that a man in
his situation might not fairly do, The learned judge farther
stated, in reference to this matter, that if, in this first in-
stance of national reciprocity, British officers found them-
selves accused without sufficient reason, it would be, as it
‘was the first, most assuredly the last time they would expose
themselves to such consequences. It was, however, possible
that Capt. Trotter might have acted with perfect propriety,
and yet the prisoners be innocent of the crime imputed to
them. On the other hand, Capt. Trotter might have done
‘wrong, and the prisoners, notwithstanding, be guilty. The
jury were to bear in mind that Capt. Trotter’s conduct, was
a matter separate from the guilt or innocence of the pris-
oners. With respect to the capture of the Esperanza, the
rule of Jaw was that a probable eanse would justify taking
possession of her; and if this could be proved, no damages
eould be recovered. Damages could only follow a wanton
and manifestly improper seizure.

Jover Story passed from this topie to the merits of the
case between the government and the prisoners, He admon-
ished the jury that if there remained a reasonable doubt in
their minds, as to the guilt of the prisoners, they were to give
them (the prisoners) the benefit of it. It must, however, be
8 reasonable, and not a vain and trifling doubt. The present
ease, he said, might be divided into three questions: first,
‘Was the Mexican robbed? Secondly, was that robbery, if
committed, committed by the Pandat Thirdly, If robbed by
the Panda, were all the prisoners present implicated in the
crime? With regard to the first question, there could be no
doubt. No one attempted to deny that the Mexican was
robbed in lat. 83, lon. 2414; and that, after the specie had
been taken from her, her crew were placed below, and at-

Related Posts