The Portland gazette., 1819-01-19

bic anu bloody as ever wes examined in :
Court of Justice. During the night, Onion,
The 2d mate, went on deck for the purpose Of
relieving the watch, when he heard Williams
cry out /" ailhp." He asked where the sail
was /; Frederick saidifhe would 20 forward,
he would show itto'him. He followed Fred
I erIck TO the bow ofthe vessel, and there met
the first mate, snd'whle looking over the bow
! together, they each received blow on the
head which brought them down on the deck.
Onion al first thought The blow was from lne
foot OF the jib. While attempting to RAISE on
his hands and knees, and scufing 10 wind
ward, Williams caught him by the breast aud
called out. ''here is one Of The damned rascals.
lend me hand to xii. him" at the same time
ne heard the first mate cry murder. He re-
ccived severe blow on his right arm. He
then heard the captain call out "what is the
matter forward and those who were about
Onion Immediately left him, and sprang to-
wards the captain. Oaion then got .up and
rushed into the cabin, and threw himself into
The bread locker In ,he cabin, he saw the
supercargo rubbing us eyes, having just got
up. The steward, Samberson, was then ly--
ing in his birth. He heard them call for the
supercargo. The, supercargo said g let me
put on my clothes; !" they answered ,lno, no.,
the captain wants you forward lie then
heard scuflle on deck. Immediately after
the steward was called up and dragged on
deck. He was ordered to 20 forward. He
went, and looking under the main boom saw
the supercargo lying stretched al his full
length, and then saw Rog and Williams take
him up and throw him overheard, and heard
him shrek after he was in the water. All this
took place at midnight. No sail was in fact
in sight at the time, and the cry of sail was
only part of the machinery employed to ef-
feet the horrid purpese.. The above facts
were obtained from the evidence Of Onion, the
2d mate of the vessel, and Samberson the
steward. The grounds Of defence assumed
/ by the Counsel tor the prisoners were,
lst. That it had not been proved, beyond
doubt, that Thomas Baynard, whose murder
was charged upon the prisoners, was really
dead
3D. That from the evidence of the case, il
appeared that Onion and Samberson were ac-
completes, in the crime, If any were commit
ted, and that their testimony was insufficient
| to Justify conviction.
Sd. That neither of the prisoners had been
sufficiently Identified as principals in the death
Of Thomas Baypard.
The District Attorney, in most mastery
manney, fully answered and refuted these Oh
| jections.
He contended that, independent Of the eyi
I Il ,,Cn nr;o tha
were clearly proved TO be guilty, and this
from the strong circumstantal evidence which
existed in the cause. y, The learned Judge in
his usual clear and decided manner, charged
the jury directly in opposition TO each OF the
grounds of defence which had been assumed
by the prisoners counsel. He stated 10 the
jury, as law, that it the prisoners had all a
greed to murder Baynard, whether they ere
all present at the time of the murder, and
gave the blows, or assisted in throwing him
overheard, or some of them were acting in
aid OF the general design, in another part OF
the ship, al the time when he was thrown O.
yerboard, they are all deemed, in law, to be
guilty oflhe crime. So, il they bad all con-
spred telloniously TO run away with the ves-
sci, without intending TO shed his blood, and
in the prosecution Of that design, Baynard
came TO bis death, they are al equally guilty
of murder. For, where the design is TO COM
init a felony, and death happens in the prose
cution otit,it is murder in all confederates who
carry it into effect, although the death happen
colaterally, or beside the principal design /;
but, ifit is within the scope Of the design to
accomplish the felony by the. death Of any op-
posing parties, it is a. .tfortiori, murder, in all
who cooperate in the design, and in It's exc
cuton. " ..-...