After some consultation with Judge Shipman--

_Judge Nelson_ inquired: Is the opinion expressed by the Foreman that

of the other Jurymen?

_Mr. Powell_ and _Mr. Cassidy_ (Jurors) rose and responded in the

affirmative.

_Mr. Taylor_ further remarked: The prospect seems to be that way. So

far as we have gone, there does not seem to be any idea of coming

together at all. The only idea of coming to a judgment would be that

some of the Jurors, we think, do not understand the charge. They think

they do, and we think they do not. It is for them to say, or not,

whether they understand the charge correctly.

To this implied invitation to the Jurymen to express themselves there

was no response.

_Judge Nelson_: If the Court supposed that there would be any fair or

reasonable prospect of your coming to an agreement, we would be

inclined to direct you to retire and pursue your consultations

further. You have now been together about twenty hours, and unless

there is some expression from the Jury that there is a possibility or

probability that they may agree, we are inclined not to detain you

longer.

_Mr. Costello_ (a Juror): With respect to the Court, I think there is

no likelihood of our coming to an agreement.

_Foreman_: If the Court will allow me, after the instructions we got

yesterday evening, at the instance of many of the Jury, we stand just

in the same position we stood when we left your presence the first

time.

_Judge Nelson_: The Court, then, will discharge you, gentlemen.

The Court entered an order remanding the prisoners, and, as they were

about being removed--

_Mr. E. Delafield Smith_ (District Attorney) said: I desire, if the

Court please, to move, in the case of the Savannah privateers, their

trial at the earliest day consistent with the engagements of the

Court, and of the counsel engaged for the defence; and I would name a

week from next Monday, as it will, probably, be necessary to issue an

order for a new panel of Jurors.

_Judge Nelson_: So far as I am concerned, I can only remain until the

20th of November, and the business of the Court is such that the trial

cannot take place while I am here, as I must devote the rest of my

time to other causes.

_Mr. Smith_: Then the motion for a new panel will be reserved until we

see at what time it will be possible to bring the case on.

_Mr. Lord_: Before that application shall be seriously entertained by

the Court, we would like to be heard upon the subject. I will say

nothing now, because it is very evident it cannot be discussed at this

time.

_Judge Nelson_: The counsel may assume that I cannot take up the

second trial during the present term. They may act upon that view.

The prisoners were then remanded to the custody of the Deputy

Marshals.

Trial of the Officers and Crew of the Privateer Savannah, on the Charge of Piracy, in the United States Circuit Court for the Southern District of New York · 第 56 / 77 题