Historical Trials Blog

 A Case of Piracy Historical Trial Series by Eric Fryar Part 3: Sentence of Death Two sailors are charged with piracy and murder in 1812 Boston. The most talked-about trial of its day. A surprise ending. This is an excerpt from a forthcoming book by Eric Fryar. " Guilty ."  The word hung in the air of the silent courtroom. The Court thanked the jury, dismissed them, and then adjourned. The prisoners were taken back to their cell. James Austin was crushed but determined not to give up.  Motion for New Trial On the morning of Thursday, October 30, 1812, Austin hurried to court and filed the following motion for a new trial with the Clerk: United States of America, District of Massachusetts}  Circuit Court of U.S. October Term, 1812} The United States by Indictment vs. Samuel Tully and John Dalton  And now after verdict and before judgment, the said Samuel and John, by their counsel assigned them by the Court, now move the Court here for a new trial of the issued joined on the s

A Case of Piracy Historical Trial Series by Eric Fryar Part 2: Trial of the Pirates Two sailors are charged with piracy and murder in 1812 Boston. The most talked-about trial of its day. A surprise ending. This is an excerpt from a forthcoming book by Eric Fryar Read Part 1: Appointment to Represent Pirates . The Trial The two sailors charged with piracy, Samuel Tully and John Dalton, sat apprehensively in the crowded Boston courtroom on the morning of Tuesday, October 28, 1812. From their places in the prisoners' dock, they could see their two lawyers, James Austin and Peter Thacher, immediately in front of them. Also in front of them was the prosecutor, United States Attorney George Blake. At the front of the courtroom were the two judges, United States Supreme Court Justice Joseph Story and United States District Judge John Davis.  Justice Joseph Story The twelve jurors were seated to their left. The gallery behind them was full to overflowing with curious spectators waiting to