United States v. Schooner Emperor

United States v. Schooner Emperor

Lower Court

  • United States Supreme Court


  • 1839


  • 476


  • 864


And on another day to wit on the 8[th] day of January 1839 the following interrogations of Joseph Usaurdi were taken to wit.

Court of appeals of the territory of Florida

The deposition of Joseph Usaurdi a witness in the case of the US vs. Schooner Emperor who is about to go out of said District and to a greater distance from the place of holding said Court than 100 tajen by consent before the [?]. Thomas Randall Presiding Judge of the said court of appeals, said witness being cautioned carefully examined and sworn to testify the whole truth. Present for the US C. S. Sibley District Attorney, Benjamin S. Wright, esp. for Defendant.

He says he arrived in Havana some time in the month of April or May 1836 and about that period the precise time not recollected met Captain Cox in command of the Schooner Emperor at Havana. Cox met him and proposed to him a speculation, but first said he was engaged to land some negroes at St. Joseph or Apalachicola. He said after landing those he would land others for the witness at the same rate to wit at $100 per head in the US. He Cox was to run all risk at sea, but the witness all risk in landing on shore the witness understood Cox to refer to African negroes held as slaves.

Witness had previously conversed with Malherbe on the passage from St. Marks to Key West on the subject that speculation and witness after met Malherbe and Cox at the deposit for the sale of Negroes at Havana, bargaining for some negroes at $300 to land in the US. Cox and his vessel soon after sailed from Havana and Malherbe disappeared about the same time witness met Cox a few months since at Key west and asked Cox is he had not been hung yet, Cox replied that no jury in the US would hand him for bringing negroes in the US as an evidence of it he said they bailed him for $400.

Sworn to me this the 8[th] day of January 1839 - Thomas Randall, Judge

Joseph Elsaurdi

Filed 8[th] day of January 1839

And on another day to wit on the 23[rd] day of January 1839, the testimony of William H. Michael was taken, in open Court which is as follows.

The United States vs. Schooner Emperor } Testimony taken in the court of Appeals 23 Jan. 1839

William H. Michael duly sworn- 1[st] says he knows Charles G. Cox- 2[nd]. Says he says he saw a Shcooner laying at Pensacola which was pointed out to him as the Schooner Emperor. 3[rd]. he can recite none of the conversation which took place