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Page:United States Reports, Volume 2.djvu/328

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322 Casts ruled and adjudged in the I79§· prepared for ufe, or by the addition thereto of any equipment t/wr`! {`olely applitgble to byvatg cérery {`uch perléon fo pgending {hulk u n convi ion, a 'u uilt 0 a mi emeanor, an {hpzill be {ined and impri{i»n·e§lc:t gre dilcretion of the Court, in which the conviélion {hall be had, fo as that {`uchfine {hall not exceedilone thoufand dollars, nor the tetmof imprifonment be more an one ear. · The iudiétmhntwas brought upon the gd feélion. Guirut only was apprehended ; aud, being arraigned, he pleaded not uil . 8 Tze material fails that appeared in evidence, upon trial, were thefe : Lerffumeaux entered at the p0i't of Plwiladvqluiz, in the month 0 , , laden with fugar and coffee, from Part-ou·Pri¤::; and on her arrival {he mounted four guns and two {`wivels. The veH`el, it feemed, had originally been a Bri- tg]5 cutter, employed in the trade to the coaik of Guinea ; and had ten port-holes on each {ide, though only four were a&u¤l· ly open, at the time of het arrival, to accommodate the four guns, then mounted. Soon after, a 1*3-mcbnmn applied to a {hip·car- penter to repair the veikl, which was in a very rotten {late ; and, after fome dilliculty, a bargain for that purpofe was {truck; but the carpenter declared he would only open the number of ports (twenty) which were pierced when {he came into port ; and in allot er tefpeéls lit her for a merchant·{hip. . At the ‘ time of repairing her, {he was owned in {hates by Le Maitrz, the original owner, and {even other Frmcbmm. The twenty ports being opened, and the other repairs of the velfel proceed- ing rapidly, the Government inllituted an enquiry into the fubjeét, in order to afcertain the nature and delign of her equipments. On examination, the mailer Warden ound the vell`el in great forwardncfs, ·her twenty ports open, her upper deck changed, Src. and four iron guns on carria es, with two fwivels, were lying on the adjoining wharf. He, tgerefore, delir- ed the carpenter to dehllz from working any further on the vef- fel, and made a report on the {`ubje&, to the Secretary at War ; who direéted, that all the recent e uipments of a warlilte nature {hould be difmantled, and the veiiel reltored to the {tate in which {he was when {he arrived. The maflzer Warden, ac- cordingly, caufed the port-holes to be {hut up, and even refuf· ed to allow any ringboltn to be fixed in the veilhl. A few days before {he left the port- a witnefs {`aid he faw four guns ‘in her hatch-way 5 the carpenter who repaired her {`aid lhe carried with her from the wharf, the four guns and two fwivels that {he had brought in ; and, according to the Cuilom-H•u{`e Ihitry, {he fail- ·· i ed from the city in ballall, having nothing in her hold but pro- vilions, water-callts, and wood for the {hip’s ufe. It had. been [aid, at one time, that {he was to carry flour ; at aiiother time that {ht