[The indictment was regularly certified from the district to the circuit court.]
At the conclusion of the reading of each count of the indictment the prisoner pleaded not guilty.
The CLERK. William Smith, how will you be trie?
The PRISONER. By God and the country.
The CLERK. God send you a good deliverance.
The jurors' names were then drawn from the box and finally a jury was obtained, composedas follows:
1. Horatio Jones, gentleman, of Reading, Berks County.
2. Lewis B. Fritz, gentleman, Hatborough, Montgomery County.
3. William Kinsey, gentleman, Bristol, Bucks County.
4. Alfred J. White, clerk, Philadelphia.
5. John Franklin, machinist, Philadelphia.
6. John R. Paul, varnisher, Philadelphia.
7. John P. Miller, gentleman, Reading, Berks County.
8. John Logan, lime dealer, Philadelphia.
9. Joseph Stoney, gentleman, Conshohocken, Montgomery County.
10. Jonathan Chapman, engineer, Philadelphia.
11. Samuel S. Tomkins, trunk maker, Philadelphia.
12. Simon Mudge, collector, Philadelphia.
The jurors having all been sworn or affirmed well and truly to try the case and a true deliverance to make according to the evidence,
Mr. Ashton opened the case for the United States. [Address omitted.]
At the request of the counsel for the defense the court ordered that during the examination of any witness the remaining witnesses should not be present in the court room. Accomodations were provided for themin the clerk's office.
BENJAMIN DAVIS called and sworn and examined by Mr. ASHTON:
Question. Where do you reside?
Answer. In Newburyport.
Question. You are part owner of the schooner Enchantress?
Answer. I am.
Question. Where was she built?
Answer. At Newburyport.
Question. In what year?
Answer. In May, 1858.
Question. Where was she registered?
Answer. She was enrolled at Newburypo Are all her owners citizens of the United States?
Answer. They are; and of Newburyport as far as I know.
Question. Who are the owners of the vessel?
Answer. It would be almost impossible for me to swear to it because oftentimes bills of sale of that kind of property are held by persons that we know not of. I own myself five-sixteenths of the Enchantress.
Question. Have you the evidences of your ownership?
Answer. I have.
Question. Have you got them here?
Answer. I have.