Knowles

(charging jury). The defendant is charged in the indictment with the crime of murder upon the high seas. The district attorney does not, however, seek from you a conviction of the defendant for this offense. He asks only a conviction for manslaughter, and the trial has been conducted as if the indictment charged only this lesser offense. Indeed, the facts it alleges as a foundation for the charge would not warrant a conviction of any greater offense. It alleges that the defendant was, on the first day of April. 1864, captain of the American ship Charger, belonging to citizens of the United States; that the ship had on board ten mariners, and among them one John P. Swainson; that the ship was provided with three boats, for the protection and safety of the lives of the persons on board, in case of accident; and that it was the duty of the defendant to manage and control the ship and boats, so as to insure such protection and safety; that on the first of April, 1864, the said Swain-son was employed as seaman upon the royal-yard-arm of the mainmast of the ship in furling the royal-sail; that whilst thus employed he accidentally fell into the sea; and that the defendant willfully…