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

ISREADFUL Min:DER ON THE HIGH :SEAS.

At the Police-court yesterday, a man nested Benjamin
Franklin White was placed at the bar, charged with having
committed a murder on board of an American ship bound
from New Orleans to this port, and which arrived here on
the evening cf Friday last. The prisoner is a man of a sallow
complexion and apparently somewhat mulated. He was
poorly clad as a sailor. The following evidence was addneed.
George Windsor, a tall good-leoking man, wins gave his
evidence very slowly and distinctly, said—l am captain of
the American ship Constantine, now in thie pert. The pri-
soner was a seaman on board. We left New Orissas between
nine and ten o'clock on the evening of the 14th of May, and
were towed out by a steamer. Next enoraill about ten
o'clock, the pilot having taken the skip over the bar, she be-
came under my owl control, and I ordered sail to be sat so
that we might proceed ors oar voyage with all pessit.le speed.
Some of the seamen were rather intoxicator: sad the chief
mate, Mr. Jacob Neiper, said he had difficulty in keeping
them to work. It was then about 12 o'clock. Dinner was
announced in the cabin as wells forward, and I told the mate
not to mind stirring the anchors and cables until orse o'clock,
when he might call all hands up. About that time the mate
came and told rue he had only twelve men fit for duty, out
of the eighteen of a crew. I said he'd better go dawn, and
try to get them up from below peaceably. He west, and, on
his return, said he had succeeded in getting them all up with-
out difficulty. I then told him to keep them in some light
exercise, and to lock the forecastle up until they got better.
Shortly afterwards he came to me, and said the forecastle
was broken open, and the lock not to be found. In about
ten minutes afterwards I saw him talking with the prisoner,
and saw the mate take the prisoner by the collar. This was
nearly abreast the gangway, en the starboard side, which was
the lee side. I could net hear what the mate and the pri-
soner said to each other. The mats pushed the pri-
soner forwards, while he had hold of his collar, two or three
steps. I was about twelve feet from him, on the same
side. Almost instanter after the mate let go his hold, the
prisoner took this instrument from his side (producing a
paper parcel) which he had buckled round his waist with the
belt. The sheath was attached to the belt. [The knife was
produced. It was one of those with a wooden handle and a
sharp point, used by sailors. The blade, which appeared to
he about five inches, was still red with blood at and near the
point.] I saw him draw the knife. He took it thus. [Here
the witness grasped it in such a manner as to show how it
was used in giving a back-handed blow.] The prisoner in-
stantly drove it with great force into the mate's left breast,
and stabbed him. The mate immediately turned round to
ins, put both his hands on his heart, and said, " Captain, I
am done for." He never spoke again to my knowledge. He
did not live one minute. When the mate turned round after
being stabbed, I said to the prisoner, " You villain, what
have you done?" He kept the knife in his hand. When I
spoke.these words to him, he made two or three quiek steps
towards me, the knife being still in his hand. Being appre-
hensive that I might become his second victim, I ran into
the cabin, where I have generally some weapons in readiness.
I got a cutlass, and in a few seconds returned to the deck.
When I went up to where the mate was, I found he had
fallen on his stomach, and blood was flowing fast from hirer.
I found that I must use the cutlass, if it was necessary, in
self-defence. I went towards the prisoner, and he retreated.
I did not think it proper to pursue him. I looked after
assistance to the mate. I found him thee almost dead. I
do not think he ever breathed after he spoke to are. He
died immediately after. I examined the wound. The car-
penter brought his rule, and we found it was four inches and
a half long, in the left breast, directly over the trout. One
rib was cut entirely oil', and another nearly so. The deceased
wore this brace and this watch-geard. (Produced.) [The
brace appeared to be of leather. It war nearly cut through
across, and was still red with blood. The guard wag also cut
through.] After I found that the deceased was dead, I
ordered the second-mate and the carpenter to seize the
prisoner, and bring him into the cabin. This was done, and
I had him put in double irons. I then went en deck, and
called for the knife, and the prisoner handed it to me. It is
the same I now produce. It was more bloedy then than
now. It was bloody the full length of the blade, and part
of the handle ; but the damp of the sea water has obliterated
some of it.

The prisoner declined to ask the witness any questions.
George Washington Boyd, an ordinary seaman on board
the Constantine, said, I remeMber the second day after the
vessel sailed. I was in the long boat, amidships. About
half-past one o'clock I saw the mate and the prisoner on the
starboard side, abreast the gangway. The mate hall hold of
the prisoner's shirt, near the breast. The prisoner had a
knife drawn in his hand, and held it up. I saw hire strike
the mate in the left breast. The mats turned round, and
ran about 12 feet, when he fell near the sabia door. The
cabin is on the deck. I saw him about two minutes after.
He was dying, and did not speak. He died in aboat two
minutes.

Jahn Billings, a coloured man, cook of the ship, was in
the galley, and saw the second mate pat the prisoner to coil
up some ropes, as he thought. Prisoner said, " I'll be d—d
if I don't put a knife into him ;" but he did not name any
one. Soon afterwards he heard that the mate was killed.
The prisoner was, he thought, drunk.
The Captain re-called.—l 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 murder, or other capital crimes,
committed in the vessels of a country with which we were on
terms of amity, and which was at the time on the high seas,
and beyond the waters of Great Britain. His awn opinion
inclined to the affirmative, and in that case that court would
take cognisance of the offence, and the prisoner would be
sent thither for trial. The court was held every six weeks,
and the grand jury had been discharged at the present sit-
tings. The prisoner was then remanded, to be sent to Lon-
don to abide the issue.