the Court reopened at the hour designated, and the examination of witnesses was resumed. Henry Hamilton, first mate of the Storm King, sworn.--was employed on the Storm King. We had an assorted cargo of muskets, powder and lumber. There were ten on board, found out on the African coast that we had bread and rice and a large quantity of water. We went direct to Congo river from New York. Delivered cargo to Louis Labre, a Spaniard or Portuguese, about fifty or sixty miles up Congo river. He kept a factory for the sale of palm oil, &c. After we got there, Louis Labre took charge of the vessel and gave all the orders. The American colors were hoisted once when a man died, ten or fourteen days after we discharged cargo.--after we left Point de Lanaha, the name of the Storm King was erased, and part of the timber we had brought from New York was used in making a slave deck. Calleros and Louis Labre came on board with the negroes. The day the slaves were taken, about 11 o'clk. Capt. Lockhardt gave orders to take her name off; that the vessel was no longer an American vessel, but a Spanish vessel. The negroes were brought aboard in launches and stowed below. The prisoner aided, and afterwards steered at times. He was as actively engaged all the time as any member of the ship's company. There were no books kept. We were captured in 36 or 40 hours after we sailed. Did not know who was captain until the day of the capture. Have no knowledge of any change in the nationality of the vessel, except what I got from the captain and owner. Wm. Vanness, seaman, sworn.--was one of the crew of the Storm King. Shipped at N. York. She was an American vessel at that time. I know that, for I signed the vessel's articles. Bound to Point de Lanaha, where we delivered cargo. A few days afterwards the slaves were brought on board by Francisco and Labre. Prisoner aided in stowing the slaves below, and giving them their meals.--never saw him aboard till the slaves were put aboard. They came aboard at night, and he with them. by Defence.--did not read the articles before signing them, except what related to the voyage. I was born in New York. Don't remember to have seen the fact stated when I signed articles that she was an American vessel. She flew the American flag. Have followed the sea about seven years. Never sailed in a foreign vessel. by the Government.--the last time she flew American colors was in Congo river.--no New name was put on when the name Storm King was erased. A New arrangement was made with the crew the day the negroes were put aboard. Capt. Lockhardt made the arrangement. Robert Seymour, seaman, sworn.--joined the Storm King 2d of may, 1860, at New York, could not swear that she was an American vessel. Signed the articles, but did not read them. Was on the vessel when the negroes came on board. Prisoner came with them. He gave orders, one of which was to separate the males from the females. Also, to be careful of the trunk which contained his chronometer. He spoke in tolerable English. He aided in confining negroes, distributing food and navigating vessel. Henry White, seaman, sworn.--shipped on the Storm King at New York. Supposed she was an American vessel. Signed articles, but did not read them. First saw prisoner when he came on board with one of the launches, with the negroes. Took very little notice of what occurred. Was steward of the vessel. the evidence closed here. Mr. Crane, for Defence, submitted a copy of instructions he desired the Court to give to the jury.
- 1st. The Court is asked to instruct the jury, that if they shall not, beyond all reasonable doubt, be satisfied from the evidence that the nationality of the Storm King is proven, then they must find the prisoner not guilty; and the burden of proof is on the United States.
- 2d. That in order to convict the prisoner (if they are satisfied from the evidence that he is not an American citizen,) they must be satisfied, also, that at the time the prisoner was found on board the Storm King, she was owned in whole or in part in the United States, or was navigated in whole or in part for, and on account of, citizens of the United States; and the burden of proof is on the United States.