The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-20

at just fair decision. The question then did
such evidence tend TO establish innocence or guilt, or
there Just doubtl II the result that the
accused innocent then the acqual should be honor
sDs 1nd pss g sn ai ns bs sIa law i
cfuy steps III and gives 10 the prisoner the iu weight
OF that doubt in verdict OF not guilty The learned
Judge then proceeded TO examine INTO the facts oil the
and to point out the connection OF each with the
other and all with the prisoner and the vessel On the first
Of July she sailed from Alexandria, with cargo bound to
Antigua and port, and board oil her Is proven to
been Captain Dearborn Nchothe mate, Johnson the
cook the prisoners Babe Mathews and ebste seamen
The handwriting OF the mate shows that on the 10th July
he board vi her, and performing his duty. There Is
doubt that the dates correct; indeed admitted
by the counsel for the prisoner very ary and canddy
he next evidence nave Of the vessel L. that she DIS
covered on the ocean near Westport Mass IN the cond
ton described in the evidence The first question which
then arises isDoes she does she not exhibit marks OF
violence and there not evidence OF an attempt to scut
tie her Again you have the evidence that the vessel
discovered without the master, the mate the
cook, and in sinking condition. Then comes the
question: il there is not to connect him felo-
niousy with the vessel as found. 1t is said there
are other indictments pending put with those
no,ng Ho aS cu ana hs
at the bar This the question we have to decide and
that alone we have to answer And to come to decision
on the question: have first to consider as 10 the TACT OF
the death of Nicho And here we must take into consi
deration the following iactsls the abandonment OF the
vessel on the high seas; next the finding portion OF the
landing small boat within a snort distance OF
where the vessel was discovered Next traces OF the
three missing men; and what the conclusion must
come to- Are we MOTTO conclude their DEATH Are there
any other conclusions to which can arrive! hen,
againhe offers the declarations oithe phi
and there is doubt but that the free voluntary
declarations of prisoner made by himself against him
self, proper evidences to be used against him
ral-aways taking care TO fix the declarations that
there be doubt of their utterance and the
under VIII CHI they uteredthen to take such
declarations and apply them to the purposes OF justice
and Of truth. We now comc to the enqury-what were
the declarations Of the prisoner and what said he relative
to this transacton2 We have Russels testimony that
the prisoner told him that when the vessel about Ia
or Is days out and in the latitude of Bermuda the cap
tain and mate had sudden quarrel and in the scue both
hayn pyf dane the
parties Ivy drowning In support this declaration another
species Of evidence is resorted tothe written statement
OF the prisoner in the log book of the vessel is proven
and 1t is for the jury to say whether they satisfied
from the evidence Of Mr. smith, comparison OF the
handwriting with what he the prisoner write yester
day whether they believe that such entry in the log book
was or not the writing OF the prisoner And you
are to take this into consideration connection with the
verbal statement The Judge then pointed out the sus-
pcious circumstances attending the landing Of the pri
soner and his coniederates and the contradictory state
mens made by him in behalf OF the Others about their
having been last from Poole in EngaAdthe brig spring
ing aeakhe deertion Of her by the captain and seven
passengers in boat and by himself the other two and
the cook in the small boat he death OF the cook days
viousthe unwilngness of the three men to communicate
their to the persons with whom they came in
tact. From all these circumstances it il manifest there
has been fabrication and is for the jury to say whe-
Their this not conclusive evidence that the design
guilty and intended to divert examination and preserve
crecy Again the boat in which they came ashore was,
according to the evidence badly fitted outhe sail was
cut out OF another and the mast portion OF broken
SPAR This is testimony going to show how far it was
intention Of the prisoner and his conederaest to screen
borhood Of coast We next trace them across to Sc.
chewes where they had been landed by the partner OF
eating another story as the witness Barker informs YOU
that he told him that he had from New Bedford; and
principal throughout he spoke and acted for the others
besides he was the largest and the soutes Oh the three
Now it disproved that they had landed at New Bedord
had round to Knights by the stage If them we
find the prisoner peuaricating and falsely representing
or he S
still not conclusive, of the guilt OF the prisoner It
is all important to weigh these several crcumSan.
ces, es denoting consciousness OF guilt, and de-
sire to flee from justice and detection. II they do
not denote such intent, then they have no weight
The next we hear of them is at New York and we find
dressed in the apparel OF the captain and matewear
ing the watch tho shirts, the boots of the missing Off
GERS Also the property OF the vessel in his
And have any information indicating regret pain
for the loss Of his ocersl On the contrary, find him
selling the watch and deliberately fabrcating story of
the purchase in Liverpool them the cab driver tells you
of his being at various houses of ill fame. Now in rea-
tion the personal clothing and properyf evidence
been shewn that they fIom the body Of
the mate then is most significant evidence ofvioence
by the prisoner at the bar obtain possession OF such
clothing and property Yet if there was other evil
dence OF the death Of the the possession would
not be conclusive of guilt 1t has been observed with
that there has not been shewn sufficient motive per-
suasion to commit the crime Of murder The vessel
SMALL the cargo not very valuable and there
evidence that the prisoner his conederaes had any
knowledge of the existence of property valuables
sight Of for you not to suppose that life has been
taken for the mere sake OF gratifying desire to murder
or destroy life You are to look at the motive but you
not to decide in the absence OF proof OF such motive
It may have been revenge, hatred, malice All that
the proof of motive is required for to show willingness
OF mind 1t is not the question Of suiciency of motive,
but it is the absence of all motive We have evidence
that the prisoner knew what the vessel contained
the Spanish dollars spoken of by the widow of the
Captain 1t is said you have right to conjecture that
by possibility he Is guilty You are to consider the cvi
that he is guilty YOU are to say So You have no right to
conjecture that he is innocent The proof may establish
fact and the imagination may suggest that by possible
hn NAV mot .haV cappp Tad thA not
called upon to dsbelieve the bare possibility and we
must be equally careful not TO suffer our minds to decide
unless upon the evidence What portion of the evidence
you do not believe reject What portion you believe you
to admit and upon this TO decide whether that suf
fciently conclusive to establish the charges laid in the
indictment, that the mate Nchol came to his death the
hands Of the prisoner at the bar If you decide afrma
say your oaths that you have doubt founded on
careful review and examination Of that evidence then you
will pronounce him not guilty 1t is hardly necessary
founded upon possibility. You have to decide the
evidence and that alone do not think that it is
| qured that should detan you any longer.
| The Jury then retired under charge Of sworn OFF,
| cer
death Of the venerable Judge Thompson He expressed
the desire Of the members Of the bar to testify their
pect for the memory of one whose eminent virtues and
aigni6ed conduct, as Judge had recommended him TO
he esteem and just admiration Of every who had
that when this Court adjourn, It adjourn to Monday
next until the remains Of the lanented deceased should
be committed to their final resting place. ,iH
JupcE Belts very feengly replied Gentlemen of the
Bar you cannot, at this moment expect any heightened
eulogy from me- whose loss depore not much
public grounds as from personal regard For twenty
years past that eminent had sat on the bench and
with what fathfuncss, upnghtness and honor he had
discharged its duties both you and the public bear
witness For sixteen years have sat together in the
trial ofeases of much importance, and involving much
risk Of property and life, yet have gone through our
abors with almost UNMARRIED harmony. l have derived
much from his sound judgment his high judicial cborac
ter and his many noble virtues consent, with great
sympathy to the motion, and mark Of my great
spect for him mourn will adjourn this Court until
Monday next. s., .
Christmas day
Jvpey BErTs--As Monday will be day Of religious oh
with many Of the community, the Court will be
adjourned until Tuesday, the 26h.
Mr. then informed the Court that meeting of
the members of the bar woud be held Wednesday
day. at 10 o'clock, AM in the Common Council Chamber
City Hail. to adopt suitable measures to manifest their
spcct for the memory Of the deceased.
W. i,snrA