During the month of May, 1861, the schooner Savannah, of Charleston, of
about fifty-three tons burden, and mounting one pivot gun, was fitted
out as a privateer, in the City of Charleston; and on the second of
June, under the authority of "a paper, purporting to be a letter of
marque, signed by Jefferson Davis," she sailed from that port for the
purpose of making captures among the commercial marine of the United
States.
On the following day (Monday, June 3), after having captured the brig
Joseph, laden with sugar, she was, in turn, herself taken by the United
States brig-of-war Perry, Captain Parrott, and carried to the
blockading squadron, off Charleston, to the commander of which
(Commodore Stringham) she was surrendered by her captors.
On the fifth of June the officers and crew of the Savannah were
transferred from the Perry to the United States steam-frigate
Minnesota, while the prize was taken in charge by a prize crew from the
Perry and sent to New York.
The Minnesota, with the prisoners on board, proceeded, on her way to
New York, to Hampton Roads, where the prisoners were transferred to the
steam-cutter Harriet Lane; and thence, on board that vessel, they were
conveyed to New York, at which port they arrived in the course of the
month of June.
On the arrival of the Harriet Lane at New York, the prisoners were
given in charge to the United States Marshal; and, on application of
the District Attorney of the United States, a warrant was issued, under
which the prisoners were committed for trial.
On the 16th of July following, the Grand Jury of the Federal Court,
then sitting in this city, came into court and presented a true bill
against the prisoners, a copy of which Indictment is as follows:--
CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN
DISTRICT OF NEW YORK, IN THE SECOND CIRCUIT.[1]
At a stated Term of the Circuit Court of the United States of
America for the Southern District of New York, in the Second
Circuit, begun and held at the City of New York, within and for the
District and Circuit aforesaid, on the first Monday of April, in
the year of our Lord 1861, and continued by adjournments to the
26th day of June in the year last aforesaid:
[1] At the request of the United States District Attorney,
the publishers state that the Indictment was mainly the work
of Mr. JOHN SEDGWICK, of the New York bar.
Southern District of New York, ss.:--The Jurors of the United
States of America, within and for the District and Circuit
aforesaid, on their oath, present:
That Thomas Harrison Baker, late of the City and County of New
York, in the District and Circuit aforesaid, mariner; and John
Harleston, late of the same place, mariner; Charles Sidney
Passalaigue, late of the same place, mariner; Henry Cashman Howard,
late of the same place, mariner; Joseph Cruz del Carno, late of the
same place, mariner; Henry Oman, late of the same place, mariner;
Patrick Daly, late of the same place, mariner; William Charles
Clark, late of the same place, mariner; Albert Gallatin Ferris,
late of the same place, mariner; Richard Palmer, late of the same
place, mariner; John Murphy, late of the same place, mariner;
Alexander Carter Coid, late of the same place, mariner; and Martin
Galvin, late of the same place, mariner, on the 3d day of June,
A.D. 1861, upon the high seas, out of the jurisdiction of any
particular State, and within the admiralty and maritime
jurisdiction of the said United States of America, and within the
jurisdiction of this Court, did, with force and arms, piratically,
feloniously, and violently set upon, board, break, and enter a
certain vessel, to wit, a brig called the Joseph, the same being
then and there owned in whole or in part, by a citizen or citizens
of the United States of America, whose name or names are to the
Jurors aforesaid unknown, and did then and there in and on board of
the said brig, the Joseph, in and upon one Thies N. Meyer, then and
there being a mariner, and then and there one of the ship's company
of the said brig, the Joseph, and then and there master and
commander thereof, and in and upon Horace W. Bridges, Albert Nash,
William H. Clanning, John J. Merritt, John Quin, and Joseph H.
Golden, each then and there being a mariner and one of the ship's
company of the said brig, the Joseph, piratically, feloniously, and
violently make an assault, and them did then and there piratically,
feloniously, and violently, put in personal fear and danger of
their lives, and did then and there, the brig, the said Joseph, of
the value of $3,000, and the tackle, apparel, and furniture
thereof, of the value of $500, and 250 hogsheads of sugar, of the
value of $100 each hogshead, of the goods, chattels, and personal
property of certain persons whose names are to the jurors aforesaid
unknown, the said 250 hogsheads of sugar being then and there in
and on board of the said brig, and being then and there the lading
thereof, and the said brig, the tackle, apparel, and furniture
thereof, and the said 250 hogsheads of sugar, being then and there
in the care, custody, and possession of the said Thies N. Meyer,
Horace W. Bridges, Albert Nash, William H. Clanning, John J.
Merritt, John Quin, and Joseph H. Golden, from the said Thies N.
Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J.
Merritt, John Quin, and Joseph H. Golden, and from their said
possession, care, and custody, and in their presence and against
their will, violently, piratically, and feloniously seize, rob,
steal, take, and carry away against the form of the statute of the
said United States of America in such case made and provided, and
against the peace of the said United States and their dignity.
_Second Count_: And the jurors aforesaid, upon their oath
aforesaid, do further present: That Thomas Harrison Baker, late of
the City and County of New York, in the District and Circuit
aforesaid, mariner; and John Harleston, late of the same place,
mariner; Charles Sidney Passalaigue, late of the same place,
mariner; Henry Cashman Howard, late of the same place, mariner;
Joseph Cruz del Carno, late of the same place, mariner; Henry Oman,
late of the same place, mariner; Patrick Daly, late of the same
place, mariner; William Charles Clark, late of the same place,
mariner; Albert Gallatin Ferris, late of the same place, mariner;
Richard Palmer, late of the same place, mariner; John Murphy, late
of the same place, mariner; Alexander Carter Coid, late of the same
place, mariner; and Martin Galvin, late of the same place, mariner,
on the third day of June, in the year of our Lord 1861, upon the
high seas, out of the jurisdiction of any particular State, and
within the admiralty and maritime jurisdiction of the said United
States of America, and within the jurisdiction of this Court, did,
with force and arms, piratically, feloniously, and violently set
upon, board, break, and enter a certain American vessel, to wit, a
brig called the Joseph, the same then and there being owned, in
part, by George H. Cables, John Cables, and Stephen Hatch, then
citizens of the United State of America, and did then and there, in
and on board of the said brig, the Joseph, in and upon one Thies N.
Meyer, then and there being a mariner and one of the ship's company
of the said brig, the Joseph, and master and commander thereof, and
in and upon divers other persons, each then and there being a
mariner and one of the ship's company of the said brig, the Joseph,
whose names are to the jurors aforesaid unknown, piratically,
feloniously, and violently make an assault, and them did then and
there piratically, feloniously, and violently put in bodily fear
and danger of their lives, and did then and there, the said brig,
the said Joseph, of the value of three thousand dollars, and the
tackle, apparel, and furniture of the same, of the value of five
hundred dollars, of the goods, chattels, and personal property of
George H. Cables, John Cables, and Stephen Hatch, citizens of the
United States of America, and two hundred and fifty hogsheads of
sugar, of the value of one hundred dollars each hogshead, of the
goods, chattels, and personal property of one Morales, whose
Christian name is to the jurors aforesaid unknown, the said sugar
being then and there in and on board of the said brig, the Joseph,
and being then and there the lading thereof, and the said brig and
the tackle, apparel, and furniture thereof, and the said two
hundred and fifty hogsheads of sugar then and there being in the
care, custody, and possession of the said Thies N. Meyer, and the
said divers other persons, mariners, as aforesaid, and of the
ship's company of the said brig, the Joseph, and whose names are to
the jurors aforesaid unknown, from the said Thies N. Meyer and the
said divers other persons, mariners, aforesaid, and of the ship's
company of the said brig, the Joseph, whose names are, as
aforesaid, to the jurors aforesaid, unknown, and from their care,
custody, and possession, and in their presence and against their
will, piratically, feloniously, and violently, rob, seize, steal,
take and carry away, against the form of the statute of the said
United States of America in such case made and provided, and
against the peace of the said United States and their dignity.
_Third Count_: And the jurors aforesaid, upon their oath aforesaid,
do further present: That Thomas Harrison Baker, late of the City
and County of New York, in the District and Circuit aforesaid,
mariner; and John Harleston, late of the same place, mariner;
Charles Sidney Passalaigue, late of the same place, mariner; Henry
Cashman Howard, late of the same place, mariner; Joseph Cruz del
Carno, late of the same place, mariner; Henry Oman, late of the
same place, mariner; Patrick Daly, late of the same place, mariner;
William Charles Clark, late of the same place, mariner; Albert
Gallatin Ferris, late of the same place, mariner; Richard Palmer,
late of the same place, mariner; John Murphy, late of the same
place, mariner; Alexander Carter Coid, late of the same place,
mariner; and Martin Galvin, late of the same place, mariner, on the
3d day of June, A.D. 1861, upon the high seas, out of the
jurisdiction of any particular State, and within the admiralty and
maritime jurisdiction of the said United States of America, and
within the jurisdiction of this Court, did, with force and arms,
piratically, feloniously, and violently set upon, board, break, and
enter a certain vessel, to wit: a brig called the Joseph, then and
there being owned by certain persons, citizens of the United States
of America, to wit: George H. Cables, John Cables, and Stephen
Hatch, of Rockland, in the State of Maine, and in and upon certain
divers persons whose names are to the jurors aforesaid unknown, the
said last-mentioned persons each being then and there a mariner,
and of the ship's company of the said brig called the Joseph, and
then and there being in and on board of the said brig the Joseph,
did then and there, piratically, feloniously, and violently make an
assault, and them did then and there piratically, feloniously, and
violently put in bodily fear, and the said brig, the Joseph, of the
value of $3,000; the apparel, tackle, and furniture thereof, of the
value of $500; of the goods, chattels, and personal property of the
said George H. Cables, John Cables, and Stephen Hatch, and 250
hogsheads of sugar of the value of $100 each hogshead, of the
goods, chattels, and personal property of one Thies N. Meyer, from
the said divers persons, mariners, as aforesaid, whose names are to
the jurors aforesaid unknown, in their presence, then and there,
and against their will, did then and there piratically,
feloniously, and violently seize, rob, steal, take, and carry away,
against the form of the statute of the said United States of
America in such case made and provided, and against the peace of
the said United States and their dignity.
_Fourth Count_: And the jurors aforesaid, upon their oath
aforesaid, do further present: That Thomas Harrison Baker, late of
the City and County of New York, in the District and Circuit
aforesaid, mariner; and John Harleston, late of the same place,
mariner; Charles Sidney Passalaigue, late of the same place,
mariner; Henry Cashman Howard, late of the same place, mariner;
Joseph Cruz del Carno, late of the same place, mariner; Henry Oman,
late of the same place, mariner; Patrick Daly, late of the same
place, mariner; William Charles Clark, late of the same place,
mariner; Albert Gallatin Ferris, late of the same place, mariner;
Richard Palmer, late of the same place, mariner; John Murphy, late
of the same place, mariner; Alexander Carter Coid, late of the same
place, mariner; and Martin Galvin, late of the same place, mariner,
on the third day of June, in the year of our Lord one thousand
eight hundred and sixty one, upon the high seas, out of the
jurisdiction of any particular State, and within the admiralty and
maritime jurisdiction of the said United States of America, and
within the jurisdiction of this Court, did, with force and arms,
piratically, feloniously, and violently set upon, board, break, and
enter a certain vessel then and there being, to wit, a brig called
the Joseph, and in and upon one Thies N. Meyer, then and there
being in and on board of the said brig, and being a mariner and
master and commander of the said brig, and the said Thies N. Meyer
then and there being a citizen of the United States of America, did
then and there piratically, feloniously, and violently make an
assault, and him, the said Thies N. Meyer, did then and there
piratically, feloniously, and violently put in great bodily fear,
and the said brig, the Joseph, of the value of $3,000, and the
tackle, apparel, and furniture thereof, of the value of $500, and
250 hogsheads of sugar, of the value of $100 each hogshead, the
same then and there being of the lading of the said brig, of the
goods, chattels, and personal property of the said Thies N. Meyer,
in his presence and against his will, did violently, feloniously,
and piratically rob, steal, seize, take, and carry away, against
the form of the statute of the said United States of America in
such case made and provided, and against the peace of the said
United States and their dignity.
_Fifth Count_: And the jurors aforesaid, upon their oath aforesaid,
do further present: That Thomas Harrison Baker, late of the City
and County of Nev York, in the District and Circuit aforesaid,
mariner; and John Harleston, late of the same place, mariner;
Charles Sidney Passalaigue, late of the same place, mariner; Henry
Cashman Howard, late of the same place, mariner; Joseph Cruz del
Carno, late of the same place, mariner; Henry Oman, late of the
same place, mariner; Patrick Daly, late of the same place, mariner;
William Charles Clark, late of the same place, mariner; Albert
Gallatin Ferris, late of the same place, mariner; Richard Palmer,
late of the same place, mariner; John Murphy, late of the same
place, mariner; Alexander Carter Coid, late of the same place,
mariner; and Martin Galvin, late of the same place, mariner, each
being a citizen of the United States of America, on the 3d day of
June, in the year of our Lord 1861, upon the high seas, out of the
jurisdiction of any particular State, and within the admiralty and
maritime jurisdiction of the United States of America, and within
the jurisdiction of this Court, in and upon one Thies N. Meyer,
then and there being, the said Thies N. Meyer then and there being
a citizen of the said United States, and he, the said Thies N.
Meyer, then and there being in and on board of a certain American
vessel of the United States of America, to wit, a brig called the
Joseph, and the said brig then and there being on the high seas as
aforesaid, did, piratically, feloniously and violently, make an
assault, and him, the said Thies N. Meyer, did, piratically,
feloniously and violently, then and there put in bodily fear, and
the said brig, the Joseph, of the value of $3,000, the tackle,
apparel and furniture of the same, of the value of $500, and 250
hogsheads of sugar, of the value of $100 each hogshead, of the
goods, chattels and personal property of the said Thies N. Meyer,
from the said Thies N. Meyer, and in his presence, and against his
will, did, piratically, feloniously and violently, seize, rob,
steal, take and carry away, against the form of the statute of the
said United States of America in such case made and provided, and
against the peace of the said United States and their dignity.
_Sixth Count_: And the Jurors aforesaid, upon their oath aforesaid,
do further present: That Thomas Harrison Baker, late of the City
and County of New York, in the District and Circuit aforesaid,
mariner; and John Harleston, late of the same place, mariner;
Charles Sidney Passalaigue, late of the same place, mariner; Henry
Cashman Howard, late of the same place, mariner; Joseph Cruz del
Carno, late of the same place, mariner; Henry Oman, late-of the
same place, mariner; Patrick Daly, late of the same place, mariner;
William Charles Clark, late of the same place, mariner; Albert
Gallatin Ferris, late of the same place, mariner; Richard Palmer,
late of the same place, mariner; John Murphy, late of the same
place, mariner; Alexander Carter Coid, late of the same place,
mariner; and Martin Galvin, late of the same place, mariner, on the
3d day of June, in the year of our Lord 1861, upon the high seas,
out of the jurisdiction of any particular State, and within the
admiralty and maritime jurisdiction of the said United States of
America, and within the jurisdiction of this Court, each then and
there being a citizen of the said United States of America, did, on
pretense of authority from a person, to wit, one Jefferson Davis,
with force and arms, piratically, feloniously and violently set
upon, board, break and enter, a certain vessel, to wit, a brig
called the Joseph, the same being then and there owned, in whole or
in part, by a citizen or citizens of the United States of America,
whose name or names are to the Jurors aforesaid unknown, and did,
on pretense of authority from a person, to wit, one Jefferson
Davis, then and there in and on board of the said brig, the Joseph,
in and upon one Thies N. Meyer, then and there being a mariner, and
then and there one of the ship's company of the said brig, the
Joseph, and then and there master and commander thereof, and in and
upon Horace W. Bridges, Albert Nash, William H. Clanning, John J.
Merritt, John Quin, and Joseph H. Golden, each then and there being
a mariner and one of the ship's company of the said brig, the
Joseph, piratically, feloniously and violently make an assault, and
them did, on pretense of authority from a person, to wit, one
Jefferson Davis, then and there piratically, feloniously and
violently, put in personal fear and danger of their lives, and did,
on pretense of authority from a person, to wit, one Jefferson
Davis, then and there, the brig, the said Joseph, of the value of
$3,000, and the tackle, apparel and furniture thereof, of the value
of $500, and two hundred and fifty hogsheads of sugar, of the value
of $100 each hogshead, of the goods, chattels and personal property
of certain persons whose names are to the Jurors aforesaid unknown,
the said two hundred and fifty hogsheads of sugar being then and
there in and on board of the said brig, and being then and there
the lading thereof, and the said brig, the tackle, apparel and
furniture thereof and the said two hundred and fifty hogsheads of
sugar, being then and there in the care, custody and possession of
the said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H.
Clanning, John J. Merritt, John Quin and Joseph H. Golden, from the
said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H.
Clanning, John J. Merritt, John Quin and Joseph H. Golden, and from
their said possession, care and custody, and in their presence and
against their will, violently, piratically and feloniously, seize,
rob, steal, take and carry away, against the form of the statute of
the said United States of America in such case made and provided,
and against the peace of the said United States and their dignity.
_Seventh Count_: And the Jurors aforesaid upon their oath
aforesaid, do further present: That Thomas Harrison Baker, late of
the City and County of New York, in the District and Circuit
aforesaid, mariner; and John Harleston, late of the same place,
mariner; Charles Sidney Passalaigue, late of the same place,
mariner; Henry Cashman Howard, late of the same place, mariner;
Joseph Cruz del Carno, late of the same place, mariner; Henry Oman,
late of the same place, mariner; Patrick Daly, late of the same
place, mariner; William Charles Clark, late of the same place,
mariner; Albert Gallatin Ferris, late of the same place, mariner;
Richard Palmer, late of the same place, mariner; John Murphy, late
of the same place, mariner; Alexander Carter Coid, late of the same
place, mariner; and Martin Galvin, late of the same place, mariner,
on the third day of June, in the year of our Lord one thousand
eight hundred and sixty-one, upon the high seas, out of the
jurisdiction of any particular State, and within the admiralty and
maritime jurisdiction of the said United States of America, and
within the jurisdiction of this Court, each then and there being a
citizen of the said United States of America, did, on pretense of
authority from a person, to wit, one Jefferson Davis, with force
and arms, piratically, feloniously and violently set upon, board,
break and enter a certain American vessel, to wit, a brig called
the Joseph, the same then and there being owned in part by George
H. Cables, John Cables and Stephen Hatch, then citizens of the
United States of America, and did, on pretense of authority from a
person, to wit, one Jefferson Davis, then and there in and on board
of the said brig, the Joseph, in and upon one Thies N. Meyer, then
and there being a mariner and one of the ship's company of the said
brig, the Joseph, and master and commander thereof, and in and upon
divers other persons, each then and there being a mariner, and one
of the ship's company of the said brig, the Joseph, whose names are
to the Jurors aforesaid unknown, piratically, feloniously and
violently make an assault, and them did, on pretense of authority
from a person, to wit, one Jefferson Davis, then and there,
piratically, feloniously and violently, put in bodily fear and
danger of their lives, and did, on pretense of authority from a
person, to wit, one Jefferson Davis, then and there, the said brig,
the said Joseph, of the value of $3,000, and the tackle, apparel
and furniture of the same, of the value of $500, of the goods,
chattels and personal property of George H. Cables, John Cables and
Stephen Hatch, citizens of the United States of America, and two
hundred and fifty hogsheads of sugar, of the value of $100 each
hogshead, of the goods, chattels and personal property of one
Morales, whose Christian name is to the Jurors aforesaid unknown,
the said sugar being then and there in and on board the said brig,
the Joseph, and being then and there the lading thereof, and the
said brig, and the tackle, apparel and furniture thereof, and the
said two hundred and fifty hogsheads of sugar, then and there being
in the care, custody and possession of the said Thies N. Meyer and
the said divers other persons, mariners as aforesaid, and of the
ship's company of the said brig, the Joseph, and whose names are to
the Jurors aforesaid unknown, from the said Thies N. Meyer and the
said divers other persons, mariners as aforesaid, and of the ship's
company of the said brig, the Joseph, whose names are as aforesaid
to the Jurors aforesaid unknown, and from their care, custody and
possession, and in their presence and against their will,
piratically, feloniously, and violently, rob, seize, steal, take
and carry away, against the form of the statute of the said United
States of America in such case made and provided, and against the
peace of the said United States and their dignity.
_Eighth Count_: And the Jurors aforesaid, upon their oath
aforesaid, do further present: That Thomas Harrison Baker, late of
the City and County of New York, in the District and Circuit
aforesaid, mariner; and John Harleston, late of the same place,
mariner; Charles Sidney Passalaigue, late of the same place,
mariner; Henry Cashman Howard, late of the same place, mariner;
Joseph Cruz del Carno, late of the same place, mariner; Henry Oman,
late of the same place, mariner; Patrick Daly, late of the same
place, mariner; William Charles Clark, late of the same place,
mariner; Albert Gallatin Ferris, late of the same place, mariner;
Richard Palmer, late of the same place, mariner; John Murphy, late
of the same place, mariner; Alexander Carter Coid, late of the same
place, mariner; and Martin Galvin, late of the same place, mariner,
on the 3d day of June, in the year of our Lord, 1861, upon the high
seas, out of the jurisdiction of any particular State and within
the admiralty and maritime jurisdiction of the said United States
of America and within the jurisdiction of this Court, each then and
there being a citizen of the said United States of America, did, on
pretense of authority from a person, to wit, one Jefferson Davis,
with force and arms, piratically, feloniously, and violently, set
upon, board, break, and enter a certain vessel, to wit, a brig,
called the Joseph, then and there being owned by certain persons,
citizens of the United States of America, to wit, George H. Cables,
John Cables, and Stephen Hatch, of Rockland, in the State of Maine,
and in and upon certain divers persons whose names are to the
Jurors aforesaid unknown, the said last-mentioned persons each
being then and there a mariner, and of the ship's company of the
said brig called the Joseph, and then and there being in and on
board of the said brig, the Joseph, did, on pretense of authority
from a person, to wit, one Jefferson Davis, then and there,
piratically, feloniously, and violently, make an assault, and them
did, on pretense of authority from a person, to wit, one Jefferson
Davis, then and there, piratically, feloniously, and violently, put
in bodily fear, and the said brig, the Joseph, of the value of
$3,000, and the apparel, tackle, and furniture thereof, of the
value of $500, of the goods, chattels, and personal property of the
said George H. Cables, John Cables, and Stephen Hatch, and 250
hogsheads of sugar, of the value of $100 each hogshead, of the
goods, chattels, and personal property of one Thies N. Meyer, from
the said divers persons, mariners as aforesaid, whose names are to
the Jurors aforesaid unknown, in their presence, then and there,
and against their will, did, on pretense of authority from a
person, to wit, one Jefferson Davis, then and there, piratically,
feloniously, and violently, seize, rob, steal, take and carry away,
against the form of the statute of the said United States of
America in such case made and provided, and against the peace of
the said United States and their dignity.
_Ninth Count_: And the Jurors aforesaid, upon their oath aforesaid,
do further present: That Thomas Harrison Baker, late of the City
and County of New York, in the District and Circuit aforesaid,
mariner; and John Harleston, late of the same place, mariner;
Charles Sidney Passalaigue, late of the same place, mariner; Henry
Cashman Howard, late of the same place, mariner; Joseph Cruz del
Carno, late of the same place, mariner; Henry Oman, late of the
same place, mariner; Patrick Daly, late of the same place, mariner;
William Charles Clark, late of the same place, mariner; Albert
Gallatin Ferris, late of the same place, mariner; Richard Palmer,
late of the same place, mariner; John Murphy, late of the same
place, mariner; Alexander Carter Coid, late of the same place,
mariner; and Martin Galvin, late of the same place, mariner, on the
3d day of June, in the year of our Lord 1861, upon the high seas,
out of the jurisdiction of any particular State, and within the
admiralty and maritime jurisdiction of the said United States of
America, and within the jurisdiction of this Court, each then and
there being a citizen of the said United States of America, did, on
pretense of authority from a person, to wit, one Jefferson Davis,
with force and arms, piratically, feloniously, and violently set
upon, board, break, and enter a certain vessel then and there
being, to wit, a brig called the Joseph, and in and upon one Thies
N. Meyer, then and there being in and on board of the said brig,
and being a mariner and master and commander of the said brig, and
the said Thies N. Meyer then and there being a citizen of the
United States of America, did, on pretense of authority from a
person, to wit, one Jefferson Davis, then and there, piratically,
feloniously, and violently, make an assault, and him, the said
Thies N. Meyer, did, on pretense of authority from a person, to
wit, one Jefferson Davis, then and there, piratically, feloniously,
and violently, put in great bodily fear, and the said brig, the
Joseph, of the value of $3,000, and the tackle, apparel, and
furniture thereof, of the value of $500, and 250 hogsheads of
sugar, of the value of $100 each hogshead, the same then and there
being of the lading of the said brig, of the goods, chattels, and
personal property of the said Thies N. Meyer, in his presence and
against his will, did, on pretense of authority from a person, to
wit, one Jefferson Davis, violently, feloniously, and piratically,
rob, steal, seize, take, and carry away, against the form of the
statute of the said United States of America in such case made and
provided, and against the peace of the said United States and their
dignity.
_Tenth Count_: And the Jurors aforesaid, upon their oath aforesaid,
do further present: That Thomas Harrison Baker, late of the City
and County of New York, in the District and Circuit aforesaid,
mariner; and John Harleston, late of the same place, mariner;
Charles Sidney Passalaigue, late of the same place, mariner; Henry
Cashman Howard, late of the same place, mariner; Joseph Cruz del
Carno, late of the same place, mariner; Henry Oman, late of the
same place, mariner; Patrick Daly, late of the same place, mariner;
William Charles Clark, late of the same place, mariner; Albert
Gallatin Ferris, late of the same place, mariner; Richard Palmer,
late of the same place, mariner; John Murphy, late of the same
place, mariner; Alexander Carter Coid, late of the same place,
mariner; and Martin Galvin, late of the same place, mariner, each
being a citizen of the United States of America, on the 3d day of
June, in the year of our Lord 1861, upon the high seas, out of the
jurisdiction of any particular State, and within the admiralty and
maritime jurisdiction of the United States of America, and within
the jurisdiction of this Court, in and upon one Thies N. Meyer,
then and there being, the said Thies N. Meyer, then and there being
a citizen of the said United States, and he, the said Thies N.
Meyer, then and there being in and on board of a certain American
vessel, of the United States of America, to wit, a brig called the
Joseph, and the said brig then and there being on the high seas as
aforesaid, did, on pretense of authority from a person, to wit, one
Jefferson Davis, piratically, feloniously and violently, make an
assault, and him, the said Thies N. Meyer, did, on pretense of
authority from a person, to wit, one Jefferson Davis, piratically,
feloniously and violently, then and there put in bodily fear, and
the said brig, the Joseph, of the value of $3,000, the tackle,
apparel and furniture of the same, of the value of $500, and 250
hogsheads of sugar, of the value of $100 each hogshead, of the
goods, chattels and personal property of the said Thies N. Meyer,
from the said Thies N. Meyer, and in his presence, and against his
will, did, on pretense of authority from a person, to wit, one
Jefferson Davis, piratically, feloniously and violently seize, rob,
steal, take and carry away, against the form of the statute of the
said United States of America in such case made and provided, and
against the peace of the said United States and their dignity.
And the Jurors aforesaid, on their oath aforesaid, do further
present: That the Southern District of New York, in the Second
Circuit, is the district and circuit in which the said Thomas
Harrison Baker, John Harleston, Charles Sidney Passalaigue, Henry
Cashman Howard, Joseph Cruz del Carno, Henry Oman, Patrick Daly,
William Charles Clark, Albert Gallatin Ferris, Richard Palmer, John
Murphy, Alexander Carter Coid, and Martin Galvin, were brought and
in which they were found, and is the district and circuit where
they were apprehended, and into which they were first brought, for
the said offense.