st
shed light upon it. If he had employers, who were they?
The prisoner's counsel have said that he is not bound to
tell; and that the witnesses, if summoned here, would
not be compelled to criminate themselves. But shall this
prisoner be allowed to take advantage of his own wrong?

"As to the metaphysics of the prisoner's counsel about
possession, that is easily disposed of. Were not these
slaves found in Drayton's possession, and didn't he
admit that he took them?

"As to the cautions given you about prejudice and
passion, I do not think they are necessary. I have seen
no sort of excitement here since the first detection of
this affair that would prevent the prisoner having a
fair trial. Is there any crowd or excitement here? The
community will be satisfied with the verdict. There is
no question the party is guilty. I never had anything to
do with a case sustained by stronger evidence. I don't
ask you to give an illegal or perjured verdict. Take the
law and the evidence, and decide upon it.

"N.B.--The argument being now concluded, and the jury
about to go out, some question arose whether the jury
should have the written instructions of the court with
them; and some inquiry being made as to the practice,
one of the jurors observed that in a case in which he
had formerly acted as juror the jury had the
instructions with them, and he proceeded to tell a funny
story about a bottle of rum, told by one of the jurors
on that occasion, which story caused him to remember the
fact. It may be observed, by the way, that the
proceedings of the United States Criminal Court for the
District of Columbia are not distinguished for any
remarkable decorum or dignity. The jury, in this case,
were in constant intercourse, during any little
intervals in the trial, with the spectators outside the
bar."

The case was given to the jury about three o'clock, P.M., and the court,
after waiting half an hour, adjourned.

When the court met, at ten o'clock the next morning, the jury were still
out, having remained together all night without being able to agree.
Meanwhile the District Attorney proceeded to try me on another
indictment, for stealing three slaves the property of one William H.
Upperman. As this trial was proceeding, about half-past two the jury in
the first case came in, and rendered