That (1069) Confining the master, &c. heretofore, to wit, on, &c., with force and arms on the high seas, out of the jurisdiction of any particular state of the said United States of America, on waters within the admiralty and maritime jurisdiction of the said United States, and within the jurisdiction of this court, in and on board of a certain American vessel, being a whereof one G. H. was then and there the master and commander, did then and there unlawfully confine the said he the said then and there being the master called the of the crew of the said and belonging to the company of said then and there being said the called the and they the called against, &c., and against, &c. (Conclude as in book 1, chap. 3.) (For final count, see 17, 18, 181 n., 239 n.) (1070) Piratically and feloniously running away with a vessel, and aiding and abetting therein, &c., and assaulting master. First count, running away with vessel. (c) That A. B., late of, &c., mariner, C. D., late of, &c., mariner, and E. F., late of, &c., mariner, heretofore, to wit, on, &c., with force and arms upon the high seas, out of the jurisdiction of any particular State of the United States of America, and within the jurisdiction of this court, (cc) did piratically and feloniously run away with a certain vessel, being a called the belonging and appertaining to a person or persons, then being a citizen or citizens of the United States of America, but whose names are to the said jurors unknown, they the said A. B., C. D., E. F., then and there being mariners of said vessel, against, &c., and against, &c. (Conclude as in book 1, chap. 3.) Second count. (Same as first count, substituting): "belonging and appertaining to G. H., I. K., L. M., then being citizens (or a citizen) of the United States of America," for "belonging and appertaining to a person or persons then being a citizen or citizens of the United States of America, but whose names are to the said jurors unknown." (1071) Third count. Running away with goods, &c. That A. B., C. D., &c., heretofore, to wit, on, &c., with force and arms upon the high seas, out of the jurisdiction of any particular state of the United States of America, and within the jurisdiction of this court, in and on board of a certain vessel, being a called the belonging and appertaining to I. K., L. M., then being citizens (or a citizen) of the United States of America, they the said A. B., C. D., &c., being then and there mariners of said vessel, did then and there piratically and feloniously run away with the following goods and merchandise, to wit (here particularize the articles and value of each), in and on board the said vessel, then being of the goods and chattels of some person or persons to the jurors aforesaid unknown, against, &c., and against, &c. (Conclude as in book 1, chap. 3.) Same stated more specially. (1072) Fourth count. That heretofore, to wit, on, &c., with force and arms upon the high seas, out of the jurisdiction of any particular state of the said United States of America, and within the jurisdiction of this court, did piratically and feloniously (c) United States v. Babe, Circuit Court, New York, 1844. The defendant was convicted and sentenced, but was afterwards pardoned. (cc) This is a sufficient allegation of jurisdiction. U. S. v. Gilbert, 2 Sumner, 19. run away with the following goods, wares and merchandise, to wit (here specify articles as in preceding count), of the goods and chattels of called the all which goods, wares and merchandise were then and there in and on board a certain vessel, being a owned by the said I. K., L. M., N. O., citizens of the United States of America, they the said I. K., L. M., &c., being then and there mariners of the said vessel, against, &c., and against, &c. (Conclude as in book 1, chap. 3.) Fifth count. (Same as fourth count, substituting): "the following goods and merchandise, to wit, (here specify some of the wearing apparel, &c., of any of the offi cers or others), of the goods and chattels of some person or persons to the said jurors unknown, all which said goods and merchandise were then and there in and on board a certain vessel, being a called the owned in whole or in part by I. K., a citizen of the United States of America," for "the following goods, wares and merchandise, to wit ( ), of the goods and chattels of I. K., all which goods, wares and merchandise were then and there in and on board a certain vessel, being a called the owned by the said citizens of the United States of America." (1073) Sixth count. Assaulting master and running away with goods, &c. That A. B., C. D., &c., heretofore, to wit, on, &c., with force and arms upon the high seas, out of the jurisdiction of any particular state of the said United States of America and within the jurisdiction of this court, in and on board of a certain vessel, being a owned by I. K., L. M., citizens (or a citizen) of the said United States of America, then and there piratically and feloniously did assault one G. H. the said then and there being the master and commander of said called the and did then called and there upon the high seas aforesaid, in and on board of said the out of the jurisdiction of any particular state of the said United States and within the jurisdiction of this court, piratically and feloniously put the said G. H., being such master as aforesaid, in great bodily called the of the value of fear and danger of his life, and the said and the tackle and apparel of the said dollars, together with (specify articles and value as in third count), of the goods and chattels of R. S., T. V., &c., citizens of the United States of America (here specify articles as in fifth count), all of which said goods, wares and merchandise were then and there in and on board of said vessel, being a called the of the goods and chattels of some person or persons to the jurors aforesaid as yet unknown, and then and there upon the high seas aforesaid, in the place aforesaid, and within the jurisdiction aforesaid, being under the care and custody and in the possession of the said G. H., being then and there the master and commander of said schooner as aforesaid, they the said A. B., C. D., &c., with force and arms, from the care, custody and possession of the said then and there, to wit, upon the high seas aforesaid, in the place aforesaid, and within the jurisdiction aforesaid, piratically, feloniously and against the will and consent of the said G. H., did steal, take and run away with, against, &c., and against, &c. (Conclude as in book 1, chap. 3.) (1074) Seventh count. Against principal offender for running away with vessel. That (here insert the name of the person most deeply concerned), late of, &c., heretofore, on, &c., with force and arms on the high seas, out of the jurisdiction of any particular state of the United States of America, within the admiralty and maritime jurisdiction of the said United States and within the jurisdiction of this court, did piratically and feloniously run away with a certain other vessel, being a called the belonging and appertain ing to I. K., citizens (or a citizen) of the United States of America, he the said A. B., then and there being a mariner of said vessel, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) (1075) Eighth count. Against others as accessaries. That W. B., late of, &c., mariner, and (or if more, recite separately as before), C. K., late of, &c., mariner, before the said piracy and felony was committed in form aforesaid, to wit, on, &c., on the high seas, out of the jurisdiction of any particular state of the said United States of America and within the jurisdiction of this court, with force and arms did unlawfully and feloniously, knowingly and wittingly aid and assist, procure, command, counsel and advise the said the piracy and felony last aforesaid, in manner and form last aforesaid, to do and commit, against, &c., and against, &c. (Conclude as in book 1, chap. 3.) (For final count, see 17, 18, 181 n., 239, n.) (1076) Breaking and boarding a ship, assaulting, &c., the crew and stealing, &c., the cargo. (d) That J. P. (and others, naming them), of, &c., on, &c., upon the high sea, out of the jurisdiction of any particular state, did piratically and feloniously set upon, board, break and enter a certain ship called the then and there being a ship belonging to certain persons to the jurors aforesaid unknown, and then and there piratically and feloniously did make an assault in and upon certain persons whose names are to the jurors aforesaid unknown, being mariners in the same ship, and then and there piratically and feloniously did put the aforesaid persons, mariners of the same ship as aforesaid and in the ship aforesaid then and there being, in personal fear and danger of their lives, then and there in the ship aforesaid upon the high sea aforesaid, and out of the jurisdiction of any particular state as aforesaid; and piratically and feloniously did then and there steal, take and carry away five hundred boxes of sugar of the value of twenty thousand dollars (here set forth all the articles stolen with the value of each), of the goods and chattels of certain persons to the jurors aforesaid unknown, then and there upon the high sea aforesaid, out of the jurisdiction of any particular state, being found in the aforesaid ship in custody and possession of the said mariners of the said ship, from the said mariners in the said ship and from their custody and possession then and there upon the high sea aforesaid, out of the jurisdiction of any particular state as aforesaid; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (For final count, see 17, 18, 181 n., 239 n.) (1077) Piratically breaking into, taking and carrying away a ship and certain goods on board the same.(e) That C. D., late of, &c., mariner (and eight others with the like additions), on, &c., with force and arms upon the high seas, out of the jurisdiction of any particular state, did piratically and feloniously set upon, board, break and enter a certain merchant ship called the Governor Strong, then being a ship belonging exclusively to citizens of the United States to the said jurors as yet unknown, and then and there piratically and feloniously did assault certain mariners whose names to the said jurors are also yet unknown, in the same ship and in the peace of the said United States then and (d) Davis' Prec. 227. This was the form in U. S. v. Palmer, 3 Wheat. 611. there being; and did then and there upon the high sea aforesaid, out of the jurisdiction of any particular state, piratically and feloniously put the said mariners in great fear and bodily danger of their lives; and the said merchant ship and the apparel and tackle of the same of the value of three thousand dollars, together with seventy chests of opium of the value of five thousand dollars, then being in and on board the same ship, of the goods and chattels of certain citizens of the United States to the said jurors yet unknown; and then and there upon the high sea aforesaid, out of the jurisdiction of any particular state, being under the care and custody and in the possession of the mariners aforesaid, they the said C. D. (and others, naming them), from the care, custody and possession of the mariners aforesaid, then and there, to wit, upon the high sea aforesaid, out of the jurisdiction of any particular state, piratically, feloniously and by force and violence and against the will of the mariners aforesaid, did steal, rob, take and run away with; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (For final count, see 17, 18, 181 n., 239 n.) (1078) Against a seaman for laying violent hands upon his commander, with intent to prevent his fighting in defence of his ship.(ƒ) That A. B., of, &c., on, &c., on the high sea, out of the jurisdiction of any particular state, he the said A. B. then and there being a seaman on board a certain ship called the belonging exclusively to certain citizens of the said United States to the jurors aforesaid yet unknown, in and upon the body of one C. D., he the said C. D. then and there being the commander of the said ship called the on the high sea aforesaid, out of the jurisdiction of any particular state, feloniously and piratically did make an assault; and that the said A. B. being then and there such seaman as aforesaid in and on board the ship aforesaid, feloniously and piratically did lay violent hands upon him the said C. D., commander of said ship as aforesaid, and the commander of him the said A. B. on board the same ship, with intent thereby piratically and feloniously to hinder and prevent him the said C. D., commander of said ship as aforesaid, from fighting in defence of his said ship, and of the goods and chattels then, &c. (1079) Attempting to corrupt a seaman to turn marauder and to run away with a ship.(g) That J. P., late of, &c., mariner, on, &c., on the high seas, out of the jurisdiction of any particular state of the said United States and within the jurisdiction of this court, being then and there a seaman in and on board of a certain schooner called the Concord, then and there belonging and appertaining to W. M. of the said district, mariner, and J. C. of the said district, merchant, both citizens of the said United States, of which schooner the said W. M. was also then and there master, did then and there with force and arms in and on board of the said schooner, upon the high seas, out of the jurisdiction of any particular state of the said United States and within the jurisdiction of this court, wilfully and unlawfully attempt and endeavor to corrupt a certain W. S., then and there being a mariner in and on board of the said schooner then and there being, to turn pirate and then and there to run away with the said schooner and certain goods, wares and merchandises then and there on board of the said schooner, being, to wit, on the high seas, out of the jurisdiction of any particular state of the said United States (f) Davis' Prec. 225. (9) U. S. v. Paschal. Under this indictment, which was prepared by Mr. A. J. Dallas in 1810, the defendant was convicted and sentenced. and within the jurisdiction of this court, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) That he the said J. P., late of, &c., mariner, on, &c., on the high seas, out of the jurisdiction of any particular state of the said United States and within the jurisdiction of this court, then and there a seaman in and on board of a certain schooner called the Concord, then and there being, which schooner then and there belonged and appertained to the said W. M., late of the said district, mariner, and J. C. aforesaid, late of the said district, merchant, both citizens of the said United States, and of which schooner the said W. M. was also then and there master, did then and there with force and arms in and on board of the said schooner, upon the high seas, out of the jurisdiction of any particular state of the said United States and within the jurisdiction of this court, wilfully and unlawfully endeavor to make a revolt in the said schooner, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) (For final count, see 17, 18, 181 n., 239 n.) (1080) Against an accessary to a piracy before the fact. (h) (Set forth the charge against the principal as in the preceding precedents, as the case may be, and then proceed as follows): that E. F., of, &c., before the piracy and felony aforesaid was committed in manner and form aforesaid, to wit, on the said day of in the year aforesaid, on the high sea, out of the jurisdiction of any particular state, did piratically and feloniously, knowingly and wittingly aid and assist, procure, command, counsel and advise the said A. B. the piracy and felony aforesaid to do and commit. And the jurors aforesaid, upon their oath aforesaid do further present, that the felony and piracy aforesaid so as aforesaid done and committed by the said A. B., did affect the life of him the said A. B.; and that the said A. B. did do and commit the piracy and felony aforesaid in manner aforesaid, upon the high sea, without the jurisdiction of any particular state, upon and in pursuance of the aid, assistance, procurement, command, counsel and advice aforesaid, of the said E. F., given and rendered as aforesaid to the said A. B. by him the said E. F.; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (For final count, see 17, 18, 181 n., 239 n.) (1081) Against an accessary to a piracy after the fact.(i) (Set forth the charge against the principal, as in the preceding precedents, as the case may be, and then proceed as follows): That E. F., of, &c., afterwards, to wit, on, &c., on the high seas (or on the land, if such be the fact, naming the place), out of the jurisdiction of any particular state, well knowing that the said A. B. had done and committed the felony and piracy aforesaid, did knowingly entertain and conceal the said A. B., and did knowingly receive and take into the custody of him the said E. F. the said vessel, goods and chattels, which had been by the said A. B. piratically and feloniously taken as aforesaid, he the said E. F. then and there well knowing the same to have been piratically and feloniously taken as aforesaid, against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (For final count, see 17, 18, 181 n., 239 n.) (h) Davis' Prec. 226. 735 (i) Davis' Prec. p. 226. |