United States v. Jackalow

This was an indictment against John, alias Johnny, alias John Canoe, alias Jackalow, a native of the Loo Choo Islands, for piracy on the high seas, found and tried in the Circuit Court of the United States for the district of New Jersey, and came into the Supreme Court on a certificate of the judges that they were divided in opinion.

The jury, in a special verdict, found that the offence charged in the indictment was committed by the prisoner at a certain place described and designated, but did not find whether that place was within the jurisdiction of any State, within any district of the United States, or upon the high seas. Did this verdict authorize the Circuit Court to pronounce judgment of death against the prisoner? That was the question on which the judges divided.

Mr. Bates, Attorney General, and Mr. Keasley, of New Jersey, for the United States.

No counsel appeared for Jackalow.

Mr. Justice NELSON.