Page:Federal Reporter, 1st Series, Volume 2.djvu/677

 670 FBDEBAL EEPOBTEE. �vessel, being a bark named Archer, belonging în wbole or in part to a citizen orcitizens of the United States, whose name or names are to the jurors aforesaid unknown, the said bark then and there being alioat upon the high seas aforesaid, and within the jurisdiction of this court — with force and arms in and upon one Anton Klourtouski, in the peace of God and of the said United States, then and there being, piratically, feloniously, wilfuUy, maliciously, and of his malice afore- thought, did make an assault and stab, the said Daniel Leon- ard, with a certain sheath knife, having a blade five and one-half inches long, and one and one-eighth inches in width, which said sheath knife he, the said Daniel Leonard, in his right hand then and there had and held, him, the said Anton Klourtouski, in and upon the right side of the abdomen of him, the said Anton Klourtouski, a little above the groin of him, the said Anton Klourtouski, piratically, feloniously, wilfuUy, ma- liciously, and of his malice aforethought, did strike, stab and and wound, then and there giving him, the said Anton Klour- touski, with the sheath knife aforesaid, in and upon the right side of the abdomen of him, the said Anton Klourtouski, a little above the groin of him, the said Anton Klourtouski, one grievous and mortal wound, he, the said Anton Klourtouski, from * * » until * * » did languish, and, languish- ing, did live, and on the said * * * in and on board the Baid bark Archer, at sea and upon the high seas aforesaid, without the said United States, of the said grievous and mortal wound died; and so the jurors aforesaid, upon their oath aforesaid, do say that the said Daniel Leonard, him, the said Anton Klourtouski, in manner, and form and by the means aforesaid, piratically, feloniously, wilfuUy, maliciously, and of his malice aforethought, did kill, slay and murder, against the peace of the United States, and their dignity, and against the form of the statute of the said United States in such case made and provided." �On being tried on this indictment the verdict of the jury was that the defendant was guilty of manslaughter. �The defendant now moves in arrest of judgment, on the ground — (1) That the defendant was not indicted for man- ����