she was sure to be condemned, because the condemnation would bring considerable sums of money to all concerned in her capture and condemnation. She was sold, on October 4th of the same year, at auction, for $7,823.25, showing she was a right good ship, for she measured but five hundred tons.
To punish Gordon as a pirate under the law of 1820 was another matter, and when he was first brought to face the charge there was a mistrial. But in the meantime a new administration had come in, and a District Attorney, E. Delatield Smith, who respected his oath of office, had been appointed.
Gordon was once more put on trial on November 6, 1861. He was defended by ex-Judge Dean and P. J. Joachimson, who were experienced in such cases. Judge Nelson presided. In two hours a jury was obtained.
The papers of that day say that but few spectators were in court during the trial. The public showed very little interest in the case, The Civil War was in progress, and how could anyone stop to consider the trial of a ship captain who had been on trial once before, had secured a disagreement of the jury, and, if precedent counted for anything, was likely to go free in the end? Even the most sensational papers of the day gave the trial but scanty space. So, with never a thought that they were making important history, the Judge and the lawyers and the jury worked away. The plea, as was usual in such cases, was that Gordon was a passenger, having turned the command over to a foreigner carried along for the purpose. On the afternoon of Friday, November 8, the attorneys ended their part of the trial, Judge Nelson delivered his
