United States v. Santos
U.S. Circuit Court for the District of Southern New York
This was an indictment for fitting out a vessel wIth intent to employ her in the slave trade. One James Murphy, as surety, entered into a recognizance for the appearance of the defendant, to abide the order of the court. The defendant [Joseph E. Santos] appeared and answered to the indictment, but, during the trial and before It was concluded, he departed, without the leave of the court.
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This was an indictment for fitting out a vessel wIth intent to employ her in the slave trade. One James Murphy, as surety, entered into a recognizance for the appearance of the defendant, to abide the order of the court. The defendant [Joseph E. Santos] appeared and answered to the indictment, but, during the trial and before It was concluded, he departed, without the leave of the court. He was called and defaulted, and the recognizance was duly estreated and ordered to be prosecuted. but. as the offence charged was only a misdemeanor, the trial proceeded, and the defendant was acquitted by…
1Opinion of the Court
NELSON, Circuit Justice.
The 6th seetio~ of the act of February 28, 1839 (5 Stat. 322), provides, that in case of the forfeiture of a recognizance in a criminal case, the court shall have authority, in its discretion, to remit the whole or a part of the penalty, whenever it shall appear that there has been no wilful default of the parties, and that a trial can, notwithstanding, be had in the case, and that public justice does nOt otherwise require the same penalty to be exacted. This case is rather stronger In favor of the applieatióii than those contemplated in the statute. Here the trial has…
2Cited by6 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- United States v. American Bonding Co. of BaltimoreCourt of Appeals for the Ninth Circuit · 1930
- United States v. O'LearyDistrict Court, S.D. New York · 1921
- United States v. SmartCourt of Appeals for the Eighth Circuit · 1916
- Snyder v. MassachusettsSupreme Court of the United States · 1934
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