Page:United States Reports, Volume 2.djvu/333

 Craemr Coun-, Pevmjjlvunie Diltrict. 321 That the ollenee had been committed ; ad. That the dcfen- rygg. dant was knowingly concerned in committing it 5 and gd. That l/Y") the indictment was founded on the proper ection of the a& of CDH i• . rit';’fThere is evidence, that the velfel failed from the wharf with the guns that lhe brought into port; that four other guns with military ltores were afterwards put on board of her, and that lhe had a crew of thirty or forty perfons. It is arming a veifel, when arms are put on board, lhe being on her paffage ; and it cannot be material, that thofe arms fhould be arranged in a particular manner. As to the delign of the equipment, there is no proof of an actual cruife ; but the ]ury will decide, whether it was any other than that charged in the indictment. V There isno attempt to prove that ihe had a cargo, or carried pai- fengers; on the contrary, it is in evidence that (he failed in bal- _ lafi ; and the fubdirilions of intereii in the velfel are in the na- ture of all ownerihip of privateers. ad. The defendant was knowingly concerned. As furnifhing arms, knowing them to be dcligned for an unlawful purpofe, conltitutes the crime ; and as an interpreter was the necellirry in- firumeut on the occalion ; even if the defendant had appear- cd in no other character, this would have been fuflicieut to convict him. But he was not merely an interpreter ;-he ap- pears to have interfered on various other occafions; and his ac- count is conclulive evidence of a confidential and important a- gency in accomplifhing the illegal outfit of the veil`:]. It might. afford fome color of defence, to {ay, that he only attempted to fend the cannon on board from South-lireet wharf, if this ac- count did not demonflcrate that he was concerned in the equip- ment from the beginning. There is nothing tc jufiify an idea, that it arofe from paying drafts, after the velfel had failed ; but on the contrary feveral items are for money advanced; and the charge for commillions, Src. has relation to the very moment of commencing the repairs. The agency proved by the account is corroborafted by the purchafe of cannon from lllendenboll if Ca. which is evidently connected with the general plan for c-. quipping this velfel. gd. The indictment is well laid; the ad fection is the only one to which the cafe is applicable. The 4th feciion refers only to the augmentation of the force of the veifel, which on her ar- rival in our ports, was, iu fact, aveifel of war, either public or private. If, therefore, a man of war or privateer adds to the number or lize of her guns, or makes an equipment: foie- ly applicable to war, it is an offence againli this fection. But if a veffel, having guns on board, and yet being neither a man of war, not a privateer, enters our ports, {he cannot legally be equipped for the purpofes of war. Without this conftructiolzi, t e

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