War of the Rebellion: Serial 116 Page 0120 PRISONERS OF WAR AND STATE, ETC.

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President of the Confederate States, and the proclamation of Governor Letcher, of Virginia, and Governor Ellis, of North Carolina, as contained in Moore's Rebellion Record.

Judge GRIEG. These papers are not received as evidence of any fact except the fact of their own existence.

* * * * * * *

FRIDAY, October 25, 1861.

Judge Grieg proceeded to charge the jury, * whereupon the jury retired and after an absence of three - quarters of an hour returned and rendered a verdict of guilty.

On the 28th of October the counsel for the prisoner moved for a new trial and in arrest of judgment and filed the following reasons therefor to be argued hereafter:

1. Because the court answered in the negative and overruled the six several points of law presented on the trial of this cause to the learned judges for their opinion and unstruction thereon to the jury.

2. Because the court should have affirmed severally the said six points of law presented as aforesaid and shoud have charged that the same severally were correst and sound in law.

3. Because one of the learned judges charged the jury " that the existence of the present civil war for the purpose of suppressing a rebellion" was conslusive evidence that the so - called Southern Confederacy was not an existing State acknowledged by the United States, and consequently that the court could view the defendant only as a pirate and a robber.

4. Because one of the learned judges charged that in order to render the doctrine or points of law relied on by the defendant's counsel applicable or correct it was necessary that the so - called Southern Confederacy should have been or be established and maintained in peace for a definite period subsequent to the hostile revolution in which it had originated, which the said judge charged was not the case.

5. Because the court charged that there was no evidence of any duress which in law would exonerate the defendant from the offense laid in the indictment.

6. Because any length of time longer than ia actually consumed in enabling a government to exercise exclusive jurisdiction and control over the people within its territorial limits is not necessary by the law of nations to constitute the same a government de facto and that it matters not whether the establishment of such a government be brought about or maintained by force of arms of otherwise.

7. Because the commission under which the defendant acted exonerated him from the crime of piracy with which he stood charged.

8. Because the defendant was not first brought into this district but on the contrary into the eastern district of Virginia.

9. Because the defendant was not first apprehended in the eastern district of Pennsylvania.

10. Because it the defendatn in doing the act wherewith he is charged acted in good faith under a commission which he supposed to be valid he ought to have been acquitted.

11. Because the verdict is against the law.

12. Because the verdict is against the evidence.

In arrest of judgmenet: Because the indictment avers that the defendant was first brought into this district and was apprehended here.


* Ommitted.