concerted measures for the complete detection of the prisoner. When he came, the captain, in pursuance of a preconcert, introduced to the prisoner Gillen, as a merchant from the Havanna, by the name of Johnson, in want of negroes. Gillen, under the fictitious character he had assumed, represented that he had forty negroes on board, and wanted two more to complete his complement. The prisoner said, that the one he had brought down that evening made thirty which he had taken. He said she was a good one, and weighed one hundred and fifty weight. His price was fifty dollars; and when inquired of where she was, he said she was close by. The pretended purchaser wished him to bring her down; but this he was unwilling to do, until the money was paid, asserting, that he had been taken in too often in that way. The parties disputed and cavilled much; merchant Johnson affirmed, that he would not "buy a pig in the poke," and solicited the prisoner to bring her down,

and cautioned him against speaking so loud, as it was dangerous business. The prisoner said, that he could get two more before ten o'clock at night; that he generally procured them in Bancker street, but that this one was from Kingston, in the country.

At length the prisoner took merchant Johnson into the alley, and showed him the black woman, whom he examined, and judged she was of the weight represented. He took out his pocket-book and was paying the fifty dollars, which the prisoner expected, and was anxious to receive; but when a receipt was required, a fresh difficulty arose, and suddenly the merchant Johnson was metamorphosed into John C. Gillen, a constable. He said, "You must go along with me!" This made the prisoner look foolish, and say, "Oh, you're a joking." Both the prisoner and Mary Underhill were taken to the police. In giving her testimony on the trial, she appeared to be extremely simple and ignorant.

The Counsel for the Prisoner contended to the Court and jury that he ought not to be convicted, because no force was employed in kidnapping the woman, nor was she was taken against her will.

The MAYOR, in his charge to the jury, said that such an atrocious transaction, as was disclosed by the testimony in this case, was calculated to rouse the most indignant feelings toward the perpetrator; but it was their duty to suppress those feelings, and preserve the utmost calmness is their deliberations.

The prisoner was indicted under a statute of our State, recently passed, for the protection of that race of people, who, by the injustice of our ancestors, had originally been brought to our shores. For among the humane and enlight

ened part of mankind, it was now considered that the introduction of these people of color, as slaves, was founded in cruelty and injustice.

It is contended in this case, on behalf of the prisoner, that under this act it is necessary to show that the person alleged to have been kidnapped was, "without due process of law, seized and forcibly confined." But this, in the opinion of the Court, is not necessary; it is sufficient if such person was inveigled or kidnapped with an intent to send or carry him or her out of this State. To constitute kidnapping or inveigling, no force is necessary; for, no doubt, these terms import any inducement, by fraud or covin, calculated to accomplish the object against which the statute was passed to prevent.

The MAYOR here went into an examination of the testimony of Mary Underhill. Her testimony, he said, was unimpeached, except, perhaps, by her extreme simplicity and ignorance; and, no doubt, for that reason, the prisoner selected her as a fit object by which he might accomplish his nefarious design. Should the jury believe her story, corroborated as it is by the testimony of Hassey and Gillen, the Mayor did not hesitate to instruct the jury that this was as clear a case of kidnapping and inveigling under the act as could be conceived. With regard to the law, there could be no question.

The Jury convicted the Prisoner.

The MAYOR said, that if the prisoner's own declaration, as it appeared in evidence, was to be believed, he was an habitual kidnapper-he was a dealer in human flesh; and such was the turpitude of his offense, that if the law would permit, he deserved to be executed. The Court intended to inflict a punishment to the extent of their power; and, so far as depended on them, no expectation of mercy, no release from imprisonment, need be cherished by him.

The sentence and judgment of the Court is, that you, Joseph Pulford, be confined in the State Prison of the Southern District of the State of New York, at hard labor, for the term of fourteen years.

INDEX

INDEX