the same place, mariner, and Martin Galvin, late of the same place, mariner, each place, mariner each being a citizen of the United States of America, on the 3rd 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 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 Thomas 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, 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.
Eleventh and final count. - 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 Halreston, Charles Sidney Passailague, Henry Cashman Howard, Joseph Cruz del Cano, 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. *
E. DELAFIELD SMITH,
Attorney of the United States for the Southern District of New York.
OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, Numbers 59 William Street, New York, July 22, 1861.
[J. R. TUCKER, Esq., Richmond, Va.]
DEAR SIR: I inclose another newspaper slip with news of the capture of some of the crew of the Sumter. I have appeared for them. There is a very vindictive feeling here against the privateers. The merchants are in constan alarm abou their ships and cargoes and they would try rash and cruel expedients to relieve themselves from the danger. I do not think the Government would be so impolitic as to execute any of them even if they shall be convicted. Retaliation
* The defendants were tried on this indictment at the October term of the U. S. circuit court of the southern district of New York, beginning on the 23rd day of the month. After hearing the testimony, arguments of counsel and charge of the court, on the eighth day, viz, October 31, 1861, the jury came in and reported a disagrement and were discharged. Before a new trial could be had the United States Government had formally agreed with the Confederate Government to treat privateersmen as regular combatants, and these men were subsequently exchanged under the cartel. - COMPILER.