Page:United States Reports, Volume 2.djvu/329

 Ctacorr Comer, Pmq/ydwnia Dlltriét. 323 {he was to carry paffengcrs ; and Guinet had told the {hip car- rygg. penter that {he would be advertifed on freight. She failed in vv the middle of the day, and fome of the workmen went down in her at far as League-!/Imd. It appeared, likewife, that {he came to, at Wdmingran ; that an apprentice to the Pilot on board of her, was left behind in _ order tocarry on {`ome guns, cordage, and bedding; that ac- cordingly, he, in company with his mailer, (who had returned from tlmington, after piloting the veifel thither) two or three Frmcbmm that belonged to the vciiel, and two black boys, car- ried and delivered on bonrd,·three or four carriage guns ; that the witnefs (who did not go on board) [aw no appearance of other glpns, which he could have done, though it was dark, had ere been port-holes and the guns run out; that the Pilot boat _ returned to PluL’ud¢q>bia the fame night, for the purpofe of carry- ing to the {hi fome of her crew, and two or three hoglheads; that the hoggreads were put on board the Pilot·boat the next day, and being there opened were found tobe {illed with a num- ber of little kegs, the contents of which were unknown ;that at the fame time twenty or thirty mulkets, a number of lanterns, cans, Src. were put on board ; that the whole of this trsnfac- tion took place in the night time, between xo·and rr o’clock ; and that, during the fame night, the Pilot-boat, with three or- four Frmrlnmm on board, puilfcd from the wharf, and failed down to lWlmingtan, where the vellel {till lay ; that the things brought in the Pi.‘·>t-boat being put on board the {hip, fhe got' under weigh and proceeded to Reed ·-[/[uml; that there were then between thirty; and forty perfons on board; that the witnefs could not perceive t at fhe had any guns or gun carriages on deck, though this might be owing to its being dark; that the veH`el dropt down to Nizw-C._¢'.% ; and the Pilot~boat was again [ent; to Plviladeybbia, by order of an oiiicer (as it would {`eem) belong- ed to the ve{l'el, who met the witnefs there, and. between 9 and to o'clock at night put- one or two trunks and at large box on board the Pilot-boat, at South·{treet wharf ;. that- there were then lying on the wharf {ix guns without carriages, which Gui- mt told the witnefs-he mult take on board the Pilot-boat, at rz o’clock at night ; that the mails were fo weak, that the witnefs i _ was at firlt afraid to undertake it ;_ that he went, however, to borrow a runner and tackle from- an- adjoining {loop; that Guivzet concluded to poftpone heaving the guns into the boat ’till the next evening; and in -the intermediate time the Marlhall feized the guns and boat, and apprehended the parties. ‘ This was thc amount of the general evidence relating to the equipment of the ve{l`el, and the evidence particularly pointed A againil: the defendant, Gainer, was.to the following e{fe& :-·~ `Whilethe veffcl was repairing, Guiuvt was fecn frequently at- _ $1; 2 ~ ‘ - tending

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