The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-06-22 00:00:00

flay thFit AilAlDWeit ON TAUJJ.fl*us.

At the tense-court yestoric, a Mal name*: Benjamin
Franklin was platted at the bar, eharged with havine
committed et murder on hosed of an Arsenicals ship benne
from New Ci'rleans to th.is port, and whirl errieed here an
the treeing of Friday last. The prisoner is a Mali of a sallow
romplexion end apparently somewhat emaciated. He was
poorly clad as a sailor. Tie following eyideace W 143 addace,d.
George Windsor, a tall good-beeline tale, who gave his
evidence very slowly and distinctly, said-1 are captain of
the American ship Constantine, new in this part. The pri-
setter was a seaman on board. We left New Orleees between
nine and ten o'clock en the weenies of the leils of May, and
were towed oat by a steamer. Next isernieg about ►en
o'clock, the pilot having taken the ship aver the bar, she be-
came tinder my ewe eentrel, and I ordered sail to be tat is
that we might proceed ca oar voyage with all re:llWe speed.
some of the seamen were retie', ineoxisated, aad the ehisf
mate, Mr. Jacob Neiper, said be hail dilleealty ia keeping
them to work. It was data shoat 12 e'cleek. Diener was
announced in the cabin as well as forward, and I told the mete
not to mind stirring the snehors and rebles entil one o'clock,
when he might earl all hands ap. Abort that time the mate
saute and told me he had ()My twelve nun At for date, mat
of the eighteen of a crew. I sail he'd bother ge down, and
try to get them up teem below peaceably. Ile ',met, and, on
his return, said he had succeeded in getting them tiller with-
out difficulty. I thee told hies to keep them iii some light
exercise, and to leek the foreesetle ap wird they got batter.
Shortly afterwards he rates to toe, aid said the farreastle
was broken open, and the look not to es found. In about
ten minutes afterwards I saw hies talking with the prisoner,
and saw the mate take the prisoner by the cellar. This was
nearly abreast the ganeway, en the starboard aide, which was
the lee side. I could net hear what the state and the pri-
soner said to each other. The mate puelted the pri-
soner forwards, while be had hell of his collar, tyre or three
steps. I was about twelve feet from him, en the saute
side. Almost instanter after the mate let ge his hold, the
prisoner took this instrameat from his side (eredncing a
paper parcel) which he had beeklesl renal his waist with the
belt. The sheath was attached to the belt. [The knife was
produced. It was one of these with a wooden handle and a
sharp point, used by sailors. The blade, which appeared to
be about Ave inches, was still red with bleed at and near the
point.] I saw him draw the knife. He took it thus. [Here
the witness grasped it ix such a manner as te show how it
was used in giving a bask-handed blow.] Tits prisoner in-
stantly drove it with great force into the mate's left breast,
and stabbed him. The taste iremeeliattly toted round to
rite, put both his hands ou his heart, asst said, " Capteia, I
am done far." He never spoke again to my knowledge. lie
did not live oils rainnte. When the mate tarnedroend after
being stabbed, I amid to the prisoner, " Yen eillaie, what
have you done ?" He kept the knife ia his heal. When I
spoke these words to him, he made two or three exiek steps
towards me, the knife being still in his hand. Being apprise
henaive that I might become his second viseies, I ran into
the cabin, where I have generallysome weepeas i❑ readiness.
I Sot a entities, and in a few seconds returned to the deck.
NI hen I went up to where the mate was, I toned he had
fallen on his stomach, and blood was flowing fast from bins.
I found that I must use the earlier, if it wee Necessary, in
self. defence. 1 went towards the prisoner, and he retreated.
I did not think it proper to pursue hint. I looked aftee
assistance to the mate. I found him then alasoet dead. I
do not think he ever breathed after he apeke te n'.e. lie
died immediately after. I examined the wetted. The car-
penter brought his role, and we foetid it was four inches and
' a half long, in the left breast, directly over the Loam One
rib was cat entirely of, and another nearly se. The deceased
wore this brace and this watch-yard. (rredneed.) [The
brace appeared to be of leather. It was nearly cat through
across, and was still red with bleed. The guard was also cut
through.] After I foxed that the deceased was dead, I
ordered the second-mate and the earpeeter te seise the
prisoner, and bring hire into the cable. This was done, and
I had him put in doable irens. I then went en leek, and
called for the knife, and the prisoner handed it te me. It is
the same I now produce. It was more bloody then than
now. It was bloody the full length of the blade, and part
of the handle ; but the damp of the sea water hes ebliterateel
some of it.

The prisoner declined to ask tits witness any questions.
George Waskington Boyd, an ordinary seanian en board
the Constantine, said, I remember tke second day after• the
vessel sailed. I was in the lour, boat, aniirlskivs. About
half-past one o'clock I saw the mate and tke prisoner on the
starboard side, abreast the gangway. The mate had hold of
the prisoner's shirt, near tire breast. The prisoner had a
knife drawn in his hand, and held it up. I saw hint strike
the mate in the left breast. The rivets tarried rolled, and
ran about 12 feet, wken he fell near tke 'abbe door. The
cabin is on the deck. I saw him ;bent two minutes after.
lie was dying, and did net speak. }le died in about tee
minutes.

Jelin Billings, a seloured nsan, 'sok of the ship, was in
the galley, and saw the second mate pat the prisoner to cod
up some ropes, as he thought. Prisoner said, " I'll be d—d
if 1 don't put a knife into him ;" hat he did act name any
one. Soon afterwards he heard that the teals was killed.
The prisoner was, he thought, drank.
The Captain re-called.--I think the prisoner was drunk.
Mr. Rushton, addressing the captain, said a question would
arise in the case, as to whether the jurisdiction of the Court
of Admiralty extended to rtinrclsr, or other capital erieses,
committed in the vessels of a ecniatry with which we were on
terms of amity, and which was at the tinge oa the higli seas,
and beyond the waters of Great Britain. His ewe opinion
inclined to the affirmative, and in that case that *court would
take eogninance of the offence, and the prisoner wenlai be
sent thither for trial. The eoart was held every six weeks,
and the grand jury had been diseherged at the present wit-
tinge. The prisoner was then remanded, to be sent to Loa-
don to chide the issue.