Lander v. United States
U.S. Circuit Court for the District of Southern New York
The defendant [Frederick W. Lander] was indicted at the present term, with several others [under Act March 3, 1835 (4 Stat. 776)], for unlawfully» confining the master of the American barque Le Grange, on the high seas. He was tried on the 6th inst., and convicted. The other defendants were all acquitted.
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The defendant [Frederick W. Lander] was indicted at the present term, with several others [under Act March 3, 1835 (4 Stat. 776)], for unlawfully» confining the master of the American barque Le Grange, on the high seas. He was tried on the 6th inst., and convicted. The other defendants were all acquitted. The defendants were also charged in the same indictment with an endeav- or to make a revolt on board, and a verdict of not guilty was rendered in their favor on that charge. The testimony of the master of the vessel on the charge for confining him was that, hearing an altercation on deck…
1Opinion of the Court
BETTS, District Judge.
The motion has been argued upon the assumption that there was a palpable inaccuracy in the statement of the evidence given by the court to the jury, and that the verdict was produced by that misdirection as to matters of fact. The theory of trials by jury undoubtedly demands that the jury shall decide questions of fact upon their own judgment of the evidence, and irrespective of the advice of or directions of the court, and it may be doubtful whether in the United States tribunals any redress can be offered a party against a verdict rendered in acquiescence with…
2Cases cited2 opinions
- People v. HolmesNew York Supreme Court · 1830
- Utica Insurance v. BadgerNew York Supreme Court · 1829