Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-12-10

wards big suky locking negro, apparently about
rs years OF age was put to the bar, charged TIC
murder of James CnarleA also negro. The offence
was com nilied on b)ard the ship Mantle, on The
18th Of July last while on her voyage home from
CHINA Tue prisoner was cook, and the deceased
stew ard of the soip, The folio Wing genlieasn were
sworn TO try the p soner, viz: raomas Harris,
foreman, Francis Worrell, Amos Upham, Vim }.
Roe Wm Browning, Lewis Forman, Ebnr. b. Feet,
Noas Co,k, Azariah Ross VIM. p Humber, Joan
Green, Jr. and Abraham Polhe nus Tne District
Attorney stated the cose 70 the jury, aud called the
mate of the Manic 10 the stand.
Joseph Cape, .Examincd-ln July last was The
first officer of the ship Mantle, she was IN that
month on her passage from Canton 10 the Cape OF
Good Hope.-rhe masters name was Grswoii, ne
Is now at the South for the Daneti Of his hath
The stewards name janice Charles; he died
from stab received on the lth OF July. | was
present al his death.
District Attorney. State the circumstances that
preceded his death, so far as they affect The pn'
soner.
Witness. l was at the fore part OF the deck and
heard the prisoner calling some one " son OF
btch.b---At this turned round and saw the pr So
ner with sheath KNIFE over his head, saying ne
would stab some body. saw the steward WIN
saucepan in his hand and his thumb biceeng a.
this [ ordered the cook 10 put the knife down, he
refused, and | attempted to take II away, when
he drew the knltc through nv fingers
thought il was time to let go, and sung out Tor
" somebody to br,ng he cooks axe" Nobody
came and got hold Off myself, and then threaten
ed to knock the prisoner down, il he did not give
up the knife. He i'll refus d, and was going to
make blow at him but thought better Of 1t, and
told the steward 'to go aft, and put the saucepan
down." VIII CHI he did. The prisoner turned round
to me, and said, /" ind what you are about; he
then put the knife into a tub of water which was
standing close ny. l was going to the cabin to tell
the captain Of the ARRAY, WHEN the steward came
round, the side Of the vessel and said to the
prisoner, g you drew a knife me, you did, you
black sen OF bitch; the steward with this took up
the axe, when he second officer took hold OF the
stev and ordered him nut the down,
which lhe obeyed. / then went into the cabin, and
the steward followed me down. The cook was also
coming in, but stopped him at the cabin aeor' ana
Distsic Attorney.-Was the cook near enough 10
hear what the steward saidl
Witness i believe so. When the steward had
finished, TOLD the cook to IN and tell his story.
After the captain had heard beth their tales, he or
dered me to seize up the cook and give him twelve
lashes. When the cook heard the order, he ran
down into the forecastle. He asked the watch De-
lew, If they would see him fogged?" The men
answered. "they would have nothing TO do with
him." then ordered him on deck, but h refused,
and said " he would die frst"' ne second ofhcer
with that. came down to assist me; but the COOK
struggled considerably and at last the captain came
aud took him by the collar, when the cook relaxed
his held and he got him TO the main rigging where
gave him dozen with piece Of ratn stun. All
hands were called 10 witness the punishment. The
captain told the crew that he was going TO punish
the cook for drawing a knife on the steward
While was administering the dozen, asked the
cook aif ever he would draw knife any one
again1o He said he would not" | then asked
the captain: !" If should keep him tied up or cast
him OFF, The captain said, 'let him go to ms
duty"
took no more notice Of the cook, except to see
That ne went forward | then vent into ths cabin
10 write up my days work. While there, heard
ing off the spars Before the could recover his
feet saw the cook onIng on OF The galley with
large knife in his hand, which he was holding np al
the steward Immediately sung out TO the raen on
deck" Secure the cook T. al which the prisoner
par no his hands and said, "rs done sr-its DONE"
He had no knife in his hsnS at that time. We then
sec red the cook-to him and fastened MN 10 inc
rigging unul we could get the handouts nP ana put
h,u in rons. In the meantime, the steward had
,ht hold Of the topsall shec O. when the carpenter
caught MN IN his arms When got To nm ne mad
the knife VITA which he had been STABBED IN M
hands and le,kng al IT. sad. TITS all over WIN me
w. then took the steward aft and examined him-
He had one wound just under the left arm and an
other jus. below the nipple OF the ugn. breast; Inc
end Of the lang pr ,trudng from TINS wound.
Here rye butchers knife was produced IN court,
which the witness Idennntd - the one WIN WAich
the steward was stabbed.
The witness added that the wonnds were Infected
about half past twelve, and the man died about half
past Two. -, "a,
mss added that the fatal was inflicted within
quarter Of an Of the first nfay between the cock
aud the steward
cited, nor did he succeed in shaking his testimony in
any way.
Thos. Allen examiRcd-Oa the day the cook was
haOped was called with the other portion OF the
crew, To witness the punishment. After the cook
was cast of saw him 90 to the galley aud IN
short time saw the steward gong M rs II for din
mar Immediately after he had gone in heard
blow and ga dirk fall In an instant after saw
the steward stsggsr and followed by he cook, who
seizsd him by The collar and seemed II give him
blow with something which he drew At the Mau
eide. Think u was with the knife now produced |;
for Afterwards 4 attempted 10 lake knife from the
stsw ards body assisted the carpenter IN carrying
the woun dod man aft. He ran pact n Q and caught
him my arms
Cross rxamrned i Heard something Of the frs,
sffsy bot 4 cannot repeat II, there was 90 much
ss,d Remcpber hearing the steward say TO the cook
.'do Won draw knife on me 2" 10 which the cook
replied mo Il cutting up my chicken with u"
After this the cook shut hknself IN the galley BY clio
sng both do "a and the steward tried TO get in first
on the sapo,rd door, and then ne ran round to the
larbsard side. The COOK khen ran out on the star.
ho,ri do and went TO the iorecasIle hach. The
m ward went t. the cabin awd the cock down The
fovessste. H. remained thus until Me captain
came 10 get him no 70 receive has hopgne. did not
see the etc ward ON deck. The cook bad on thin
SHIRT Q vest IN his Jsckei. The csptais told the
crsw what the cook was 90 be a ssaea for. very
snsr period ,lspsed 81 o. the Eg'ug, bsicre the
steward wess TO the galley for the ssoncr. The cock
always seemed quiet man on board The steward
wssalarge man, much larger and more powerfui<has
he