Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-08-05


Mr. Wilson addressed the Jury in very forcble and
energetic manner, and Mr.. Price replied.
Judge Belts charged the jury. His honor SAID
These men are indicted under the act OF Congress lot
endeavoring 10 make a revolt To enable you to nnd
the,a guilty the offence ought 10 be clearly proved
These prisoners endcayorec TO deprive the master OF
the command OF his vessel and 10 transfer such COM
mand 10 the mate. To constitute them guilty OF the
offence charged u ~ not necessary to prove that all
concerned took an active participation in the attempt.
The act OF looking on, lift were proved that con-
cert had taken place, Just much constituted the Of
fence II all had taken an active share in the mainy
l The evidence goes 10 show that Mackay, with the
other prisoners, came aft and that Mckay threaten
cd take the captains vessel from him and transfer
the commaad 10 the mate. The prisoners were all
standing round while ,his scene was gong on, and
although there no evidence 10 show that any Of
them did saia any thing during the time, yet their
guilt y not the less their presence encouraging Mac
Nay and supporting him in his disobedence OF dsci-
pine.
His honor then recaptulaied the testimony offered,
aud pointed some contradictions between the evidence
% the mate and captain, as also many points where
they entirely conceded
The conduct of The captain, continued his honor
was marked throughout the whole OF this affair by
exemplary moderation and prudence He reasoned
with his crew-ponicd out 10 them the folly OF their
proceedings, and urged them 10 return 10 their duty
There was no harshncss or uncaled for severity TO
Justify them in their mutnous conduct The crew
pretend they took shelter in The forecastle, and re-
NAMED there for fear Of their lives There has been
nothing produced 10 show that this was not mere
IDLE pretencc set up 10 enable them to escape obeyng
orders OF the guilt Of Mackay, and of these prisoners
sharing In his guilt there can be no doubt. You can
not hesitate IN finding him gulty-bu nevertheless,
II yoa Of opinion the did not concur in Mac
hays muiinous intent, then II is your night and duty
The Jury retired for about twenty minutes, and re-
turned into court with verdict Of guilty against all
| the prisoners
Judge Bets then addressed the prisoner as follows
Il Me- md have all hear he let ne
Jury have gwen. Ii was impossible for them TO lind
any other. Whatever feeling you might have fer
your shpmate IA no justification OF your conduct. on
| all know how badly Mackay had bchaved-that he
had drawn his knife spon the Captain, and wounded
hun severely. What perhaps you did not know is,
that If you had succeeded IN your attempt OF taking
away the vessel from the Captain, and giving 10 the
mate would have subjected yes uatl the law passed
within these three years. 10 have been executed-to
have been hung. As the law stands, II would
have subjected you TO imprisonment for the term OF
your natural hives The sentence Of the court is, that
all Of you with the exception OF Mackay) be imprson
ed for the period e thirty days, and that each Of you
pay fine Of SIS The sentence upon you, Abner
Mackay, is, tyour conduct having been extremely
atrocious,) that you be imprisoned for the period OF
one year, end pay fine OF 500.
The Court was then adjourned until the third Mon
day in September next.
| CouRT or SPECIAL SESSIONS, Aug. before the
Recorder, Aldermen Taylor and Randell.
Sune Banker was charged with striking Mary Jar
bold and committing assault and battery upon her.
The prosccuirx stated that she was passing quietly
along with her child in her arms when the negro
wench struck the child on the head, and upon being
| demonstrated with said "Pll give II to you well. +"
| Mssee Bunker said :" was struck frst only ft in
| in my own defence" witness fully proved the 8
sault complained Of Guilty. Sentence six months
| oakum picking.
Ann Boyd was charged with assauliing Alice Mel
son, and attempting 10 crack her sconce with pitch
1 er.
Recorser-Why, Ann, did you do this
Pris0ner-Sure an It's not myself that did II al all
life - " -
The prosecuirix however maintained that Ann was
the offender and she was found guilty. Sentenced
4 TO six months oakum picking
William Seymour was charged with stealing a
watch the properly of Andrew Mcdonald. The theft
was fully proved Guilty.
Sentenced 10 three months imprisonment on Black
| wells Island 10 get out stone.
John Casey was charged with stealing watch, the
property Of Henry Duncan.
Mrs. Duncan testified that the prisoner came into
her parlor and went on, with the watch. She taxed
taxed him with IT, but the prisoner denied having it,
The watch was, however, found upon him.
The prisoners wife declared her husband was the
| hinnocentest man alive"
| Recorder-What do you do for living
| Wife, makes matches and he shaves them.
| Recorder-How came you, prisoner, TO steal the
watch2
| Prisoner was in liquor.
The Recorder said " this was excuse, but rather
an aggravaton of the offence" Guilty. Sentenced
TO three months stone digging.
| Henry Clifton charged with assaulting his
wife, Discharged.
| Wife, wants to know il he is TO NEEDLE with my
| things.
Recorder.-No, no-prisoner you mus, keep away
There you may CO.
The prisoner Immediately "cut stick"
| Ann Crandel was charged with assault upon
-. The prisoner struck the complainant oveI
1 the head with pitcher darkened her dexter glim,
and pounded her most numerically. Guilty.
The court considering Anne case as a TRIVIAL af-
| fair discharged her upon her own recognzance
James Delany was charged with stealing calf the
property Of Philip w. Edsall
| Jonathan Mann deposed that he bought the cali
of the prisoners in about hour discovered il had
| been stolen.
Recorder.-lt is very common thing for US to Try
horse thief but calf thief is quite
i Rara avis IN ferris ngro que simims cigBo.
| The prisoner said II don't understand Dutch
Upon which, one of the Aldermen explained TO him
| that his honor the Recorder, intended to say he had
committed "rare and shocking bad crme-a sign
| Of black stimulation"
For this offence he was sentenced to get out stone
| for six months
| John Brown was charged with 'darkening the do v
! lights Of Misseee Theodosa Tempkins. TRIAL post
| poned.
Charles Ferguson was charged with stealing from
| Mr.. Hindhout sic.
| The complainant and prisoner were on board the
steamboat Utica, on her way from Albany 10 New
| York The theft was committed on board. Part OF
the money was found on the prisoner when arrested.