The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-20
United States District Court.
Before Judge Belts.
:. l9.Second day Of the trial of the Lavina pirate

United States District Court.
Before Judge Belts
Dec l9Second day Of the trial OF the Lavnia pirate
Babe
DEATH JUpGE THOMPSON.
As soon as the Court opened and previous to the
calling the of the jurors the DstriotAtorney
with much feeling and evident embarrassment
rose in his place and stated that it had become his
painful duty to announce to the Court and the mem.
bers oil the bar, the death OF the Hon. Smith
Thompson of the Supreme Court Of the United States
and Presiding Judge of this Court This melancholy
event took place at six o'clock the evening Of Monday
Dec 18TH at his residence Ponghkeepsic The learned
counsel observed that it was intention, this
mcnt pronounce before this Court the Of his u
dical labors, panegyrc upon the many and eminent
qualities, udic and personal public and private Of the
distinguished man who had just passed to his final &C
count At the proper time other and ADLER minds would
discharge this important duty He deeply regretted that
he could not at the time that the court adjourn
until alter the funeral But such the situation OF the
business before the court that he obliged to postpone
his feelings to duty and would proceed with the trial
Of the prisoner at the bar. t.
Judge BErIs in solemn manner, responded to the Dis
trct Attorney He observed that the Court would refrain
from giving any expression personal feelings the
ment. He regretted that the solemn duties which the
Court was occupied did not allow the usual mark of re-
spect to the memory of the honored dead by dournng
until after the funeral that each present might reflect
upon the loss which had been sustained But the
which occupied the attention of the Court was capital
one, in which involved serious and awful
quences and the of public justice The rights the
individual on trial might be- materially interered with by
INDUCING in the usual tribute of respect at the time He
would make any further remarks but direct
the public prosecutor to proceed with the trial of the pr
ut the bar
.- PROSECUTION CONTINUED.
EpnsnzER BERRY, recalled.-When you found the
schooner was there a boat attached to herr
A.--No; neither on board nor alongside.
Mrs DEARBORN, recaled.--Have you ever seen that
chronometer, and whose property was it 7
MIR. RUSSELL, recalled-In the conversation You had
with Babe relative to the falling overheard Of the captain
and mate did Babe state where the vessel was at the
A-To the south and east of Bermuda he did not say
how far off they
QYou stated yesterday that Babe said that he left the
Ayes so stated it as he told me- he said he had left
him board the vessel and did not know but that he
there now
Q--Did you find Ebenezer Berry board the Sarah
Lavinial
Al did; there boat attached to board the
vessel.
The DsrRIcr ATTORNEY here offered to introduce the
confession and declarations Of the confederate Mathews
relative to Babes participation in the murder ond piracy
and which confession was made to the witness in the
sence OF the prisoner ~.
This was opposed by the counsel for the prisoner and
the Court in its sound discretion sustained the motion
and excluded the testimony. t.
By Mr. PRicE--Were you examined before Mr. Rapelje
the Commissioner
Al was.
Mr. Parcel will read you what understand to be
your testimony on that occasion.
WITNEss-That is nearly the sum of my evidence, l
think -sl l..
Q-Had you any trouble with Mr.. Rapelje relative to
the right of jurisdiction over the prisonerl
Al had; considered that the right Of jurisdiction lay
with the County or District to which ! belonged, as
Police Officer but gave up to the authority of Mr. Ra
Had you any conversation with Babe when you ar.
A--When | arrested Babe, first searched him, and
found him the silver watch; when asked what he had
done with the mates gold watch he replied that he had
exchanged 1t for the silver and Sl4 in money, but
where he could not exactly describe; he said the captain
and mate fell overheard and that he did not know but that
the cook yet board the schoonerin reply to my
question he said he had not made away with him.
The DusrRIcr ATTORNEY announced that the prosccu-
ton rested here.
VIM Jay HAsKETT Esq opened the case for the defence
He dwe at length on the general uncertainty oil circum
santia evidence however closely followed up and well
connected the chain might be which the prosec uon
relied for conviction He contended that the evidence
in this of clear and positive
to satisfy them that the captain mae and cook
really dead and dead that they had fallen by the
hands of the prisoner at the bar He dwe on the
that while there might not he sufficient evidence
against him. which would send him to prison for nearly
away with the effects of the officers Of the vessel could
be so sufficiently proven by ndsputabe evidence that
He cited number Of to show the caution with
which jury should render verdict upon unsupported
circumstanal evidence and then called witness to
the good character of the prisoner but the witness
being in Court the District Attorney consented to adj
NIT the evidence previous to the being summed
TnE DEFENCE then proceeded to sum up the evidence Mr.
Nash leading He followed by Mr. Price for the pri-
soner, who made stirring appeal to the jury He
cit with particular stress on the rule laid down in
cases that unless the body found the jury could
not pronounce the prisoner guilty of murder.
The DISTRICT ATTORNEY closed for the prosecution and
while he remembered the widow and the mourning sister,
and Justice unappeased he not unmindful Of mer
solemn duty to the people, did not forget the man,
and while he asked that crime should be punished
commensurate with its deserts, he stood between
the living and the dead and gave to doubt its weight and
to her just proportions In dignity of office he
justin beauty offeeng and honorable fairness, he
counsel Mr. Price he remarked that if it decided by
the verdict of the Jury, that however crcumstanal
evidence closely knit and combining to a conviction.
might be made out in the prosecution of such arocious
crimes yet if the body bodies of the murdered vic.
Tins not restored to light and to examination that
accused, then would piracy be thing OF common
| currence; and at the foremost of every vessel
death death flag of the pirate whenever s' revenge,
hatred desire of gain love OF power the murderou
thirst of hellish souls prompted the deed the
fused to give up her dead, then might justice go unsas
fed and crime 60 unpublished. Such would be the effect
of verdict of not guilty, the law laid down by the
counsel for the prisoner the law to regulate the
dict Of jury the He then argued the
of the evidence He traced the vessel from the wharf
Alexandria to the hour when she was boarded by the
Of the Fairhaven He showed the prisoner board
when she left that wharfhis handwriting in the log
book the 10th Julyhis landing the beach and his
false stories their coursehe Of the property
and personal effects Of the unfortunate captain mate
own act thus establishing fact Of their death beyond
all dispute He passed along the link to link
tble and with earnest appeal the Jury to be men
and discharge their duty to their OATH their country and
the prisoner at the bar, he sat down. --irl ai'
Throughout the antre argument the prisoner watched
him steadily and earnestly, but without betrayng any
emotion.
TheCou then proceeded to charge the jury The Judge
observed that they assembled solemn inquest
examine into the means by which. and by the act Of
whom, the mate Nichol to his death The prisoner
at the bar stood indicted for the murder Of Nco and it
became the province OF the jury To determine whether
such accusation was supported and confirmed by legal
evidence. The Indictment charged him with such act
on two general grounds first by drowning and second
y, by woundng not singly, but with two confederaes
Mathews and Webster lie observed that the indictment
was broad enough il the jury believed that Nchol
to his death by violent means and by the wu act Of the
prisoner at the bar and II necessary that pro-
sccntion should prove that the death caused by the
mallc by drowning the jury satisfied that by
confederacy with the other persons charged the prisoner
had caused the death Of the officers Of the Lavna by
drowning by wounds inflicted by any sharp instru.