Cox ought not to suffer for the conduct Malherbe or other engaged in such business and when asked by Elsuardi at Key West "if he had not been hung yet" he replied - not that he was an innocent man improperly prosecuted but "that no jury would hand him for bring slaves into the United States and as an evidence of it" he added they had bailed him for $400." The circumstances of the case, the declarations of the party himself afford such pregnant evidence of the violation of the Law complained of that it seems to us but one opinion can be entertained upon the subject.
The defence which was ingeniously [?] related to a confusion in dates- a discrepancy in testimony and of the insufficiencies of any particular circumstance to establish the cause for the US- there is perhaps some difficulty in dates but it does not materially interfere with the whole current of the proofs of the case- Elsuardis testimony is consistent enough for through he speaks of meeting Cox and Laherbe in Cuba in early 1836- it does not follow that it was at that particular period he saw them in the slave market- or that it was there they sailed from Havana. He does not say so it is admitted that such fact taken isolated and alone does not furnish that evidence which is conclusive of the guilt of the transaction but the United Force of all the circumstances inculcates that strong belief that Cox brought these slaves in the Schooner Emperor into the US- thereby grossly violating the law of the land- It is therefore ordered that the Schooner Emperor be condemned and forfeited and that such other and further proceedings be had, as the statue in such case requires.
Robert Raymond Reid, Judge
And afterwards to wit on the 18[th] day of July 1838 came the appellee by its proctor and prayed an appeal to the Supreme Court of the US which was granted on the condition of the appellee entering into bond in the penal sum of $500 within 30 days from this conditions for the payment of all costs which may accrue in said court.
And on the same day to wit on the 18[th] day of February 1839 it is ordered by the court that the marshal for the Middle District of Florida present his accounts to the Presiding Judge of this Court for Approval.
Know all men by these presents, that we Anthony G. Richards owner of the Schooner Emperor by Charles G. cox his agent John F. Kachler, M.A. Armstead and Thomas Brun are held and firmly now appeal the United States of America in the penal