mariners as aforesaid, whose names are to the jurors aforesaid unknown, in their presence then and there and against their will did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, felonioulsy and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Ninth count. - And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passaillague, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, of the same place, mariner, William Charles Clark late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3rd day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, each then and there being a citizen of the said United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel then and there being, to wit, a brig called the Joseph, and in and upon one Thies N. Meyer, then and there being in and on board of the said brig and being a mariner and master and commander of the said brig and the said Thies N. Meyer then and there being a citizen of the United States of America, did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently make an assault, and him, the said Thies N. Meyer, did on pretense of authority from a person, to wit, one Jefferson Davis, then and there piratically, feloniously and violently put in great bodily fear, and the said, brig, the Joseph, of the value of $3,000 and the tackle, apparel and furnithe value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead, the same then and there being of the lading of the said brig of the goods, chattels and personal property of the said Thies N. Meyer, in his presence and against his will did on pretense of authority from a person, to wit, one Jefferson Davis, violently, feloniously and piratically rob, steal, seize, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity.

Tenth count. - And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sydney Passaillague, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner John Murphy, late of the same place, Alexander Carter Coid, late of