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754 X. AMERICAN STATE TRIALS.

such grounds as these. Gentlemen, there never was such 8
ease of piracy since the beginning of time. And is it a faet
that Quentin did not know that the log-book or any of the
papers were missing! Doubtless all the books and papera fell
into the same hands. I have no doubt that the log-book is
now in the hands of the prosecutors. The schooner has ever
‘been known as a two-topsail schooner; as such, she was known
in Angust, 1832, in Havana, and also in Cadiz, in 1833. It is
no crime to aail in a Baltimore clipper; if it were so, many of
our most valued nautical men would, long ere this, have suf-
fered on the seaffold. The question before you is, not whether
the pirate was a clipper, but whether she fally answers the
description given of the Panda.

Perez tells you there was no money on board the Panda
It appears quite improbable to me that he should know any
thing about it. Are you convinced of the probability, that
the captain and mate should set out on a journey like this,
without a cent of money in their pockets? That you must
believe Perez has perjured himself, is, I think, reduced to a
certainty, by the evidence of Badlam. I think you must be
also convinced that the schooner had money on board, and if
so—if she had from two to five thousand dollars on board,
that fact proves the voyage to have been an honest one. It
has also been proved that the captain paid money to the men
at Nazareth. This money was doubtless shipped for the voy-
age at Havana; and is it likely he would have discharged Sil-
vera, with the assurance that he could no longer support him,
if he (the captain) had possessed such a sum of money as he
is gaid to have stolen from the Mexican? In cases of piracy
I consider it just aa important, in order to convict individo-
als of the crime, that the money should be produced, as that
in ease of murder, the body should be found. As regards
the money found at Nazareth, you have no testimony
in relation to that, but the testimony of Perez, and he in one
place tells you that eleven thousand dollars were buried, aud
in another, that he is not certain of it.

Mr. Child argued at considerable length on the improbe-

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