The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-19
NEW YORK. TUESDAY MORNING. DECEMBER 10, 1s43

the wharf Saturday evening and Babe came off in the
Cross-eramined by Mn. Psrog.-Te what Babe said to
you in prison.
man. | asked him what he had been doing. He said
they want to make out that killed the captain mate and
cook. said, God knows best and then left him. He
did not say any thing about his guilt innocence at the
time. We had no further conversation.
Odd any of the boarding at your house refuse
to ship on board the Lavinial
A-No. The men seemed perfectly willing to ship
Q-Was there any allegation made that the vessel was
not seaworthy?
ship because she was unseaworthy.
Mr. THOMAS ecalled-The vessel was perfectly sea-
worthy had been hove out and repaired She was about
seven years old
EBENEzKn BERRY, sworn-I live at Pawtucket, Mass
follow the sea remember the day when the Sarah La
vinia was discovered was board the Fairhaven oil
Providence bound for New York. On the 3Oth of July
about O'Clock in the morning. started down the bay
when about miles OF discovered the schooner
we passed without taking notice OF her the appear
Of the vessel being suspicious past her. and
then around her the captain told me to go and see what
was the matter jumped on deck, and finding no person
board to the cabin and found empty broad
was lying the floor which had been split about six
inches across, as if with the went forward, and
found the rushing in the arboard bow through
hole, which appeared as If made by inch and hall
anger stopped it with the handle of broom and some
the depth of water in the forecaste was about
four feet did not examine the hold the hatchway
battened down. My impression that there had
been foul play board and that somebody had been
killed between the and the mainmas the star
board side found the foreshee market with fresh blood
The ceiling cut away with axea hole was made
from the inside to the outside, with augera pair
Of compasses found there with the points bent up
stopped the leak with the end the broom handle and
canvass The main throat halliards were hanging
the sides After got her underway we went into
the cabin-a leather trunk was cut completely across
Of the brought up book and read to me-the
book is here recognizedthe trunk was locked there
shirts annels SC in the trunk; there was south
wester lying the cabin floor We found also paper
the trunk; II was torn at enQ and we Ound the
torn portion the hoort s the list Of the crew. sign
cd by the Deputy Coecor) The had marks
Of blood it; it lay in the starb0ard berth; found
hair seal cap had blood it. The berth clothes were
all covered with molasses; they lay the floor and
some in the BERTH did not any blood on them-we
found three drops OF blood arboard in the
cabin The floor was ripped up the hole there made led
the hold where the the ends Of which were
marked by the Ratchet saw blood the foresheet it
led nboard, close to the trunk; the blood was about
two feet from where it Delayed; the blood
spot was about two inches long there was blood un.
the tiller as if man lay the and the marks
of the hair sreaked through it evident the blood
got the vessel into New Bedford did not find
person board found the log book in the trunk also
the shipping artcles-the witness recognizes the log
book and the shipping artices The name Of the
her stern; there four feet water in the hold
Cross-eramned by Mr.. PRIcE.-The schooner was moi
aground when boarded her she was sore miles from
Westport she was on the seaboard
WILLIAM o. RussELL-I live at New Bedford board
ed the Sarah Lavina when she was brought in.
Estate what you saw on board.
Al went board about half past nine ten O'Clock
in the morning, when she brought in; made some
examinations but not thorough; went to the District
Attorney and told him there had been foul play board
desired me to 20 on board and make examinaton
did so; then found the cabin floor cut up, apparently
with axe the slaves underneath exposed found
quantity of wearing apparel covered with molasses;
found two three spots of blood the mattrass Of the
captains berth; also some bedtickng; moasses had
been scattered on the bed cothes we found the
with blood t in the BERTH went forward to
the forecase and found the berth and ceiling cut up as
with dull instruments fresh and brigh we found
place where trunnell had been driven OUT was plug
ged ups there appeared to be marks an instrument had
been used to pull out the oakum marngspike had been
driven into it; there mallet there's was broken off
there blood it, there considerable blood
the deck, under the foresheet; did not the blood
under the tiller; it raining when went on board;
saw the black leather trunk was cut opens the vssse
the cabin and the forecase and where rail or two
had been taken away to launch the boat
Bristol Mass che found the Hen and Chickens
in Buzzard Bay. The vessel lay in the stream when
boarded her; it was raining very moderate
Odd there appear to have fallen sufficient rain
to wash away the blood described by the last witness
Q-Could not the trunnel you speak of have worked
Al think not the hole above the "copper" and just
below the water line.
By the CoURr-The trunnel was driven from the inside
outwards.
By Mr.. NA,H-The molasses on the clothes showed
darker in spots than in Others ii there
thing else below it.
The chart of the brig is here exhibited in order that
the witness Berry may point out the position OF the YES
MERCHANT BAxER-I reside at Fall River, Mass on
Sunday week saw the accused myself and three other
men started from Seconnet Point to fish, was standing
in the stern sheets and casting my eyes to the east
ward saw strange boat coming on under spirit sail
about mile off, the in her bailing, and OBJ
serving that they allowed her to yaw about very much
observed to my comrades that the fellows that boat
rogues and ruRaways they passed ussteerng very
wide OF u.s. and landed the side Of the point The
big fellow (pontiDg to Babe jumped ashore and ran up
on the bank. The other two also went on shore, and
commenced unlading the boat told fellows twas
duty to go and see what they were about so we rowed
round to the westward and passed they were dress
sing landed and started for them. The large was
dressed as advanced; said, Good evening, shipmae"
He replied The boat mine she is not worth one dn
let her lay where she ISL he then cnqured what place
was; told him. he then inquired for Newport; asked
him where he and his companions from; he replied
bound to this countryha four days before the vessel
had sprung aesk-that himself, the two men, and the
cook had taken to the long boat the captain mate and
already landed asked where the cook and he
said he had died the day before and then thrown
overheard that the captain had given them the boat and
compass; he offered 10 give the boat compass and ship
lantern to be taken to Rhode Island; objected the
property might be claimed SO he gave us 81 so in money
our large boat Babe pulled out gold watch from his
pocket, and told the time Of day After they got on
board LETT them, and my partner Nickerson put them
land with glass; recognize the trunk and the wooden
chest as part Of the luggage.
The Court took recess for hour this stage of the
Irocsedings The jury were provided with dinner by
'he NershaL At four o'clock the Court again assembled
MERCHANT BAKER cross-exsmined-The vessel was il
the Massachusetts waters according to what heard from
the persons who no ardcd her There but three DER
sons in the boat when first saw them saw them jump
ashore The big fellow (he prsone) first and the
others followed there could not have been another per
in the boat or must have him.
Q-Could they have landed to the east of Warren's
Point without your perceiving them
Al think not, as there was very heavy sea running
to the eastward, there is whenever blows any way
hard. ! am positive the men had two bags with them
when they landed the boat not sail boat, the sail
appeared as II it had been cut out Of another sail
RosERTsoN p. BARKER.-I reside at Middletown r. l.
recollcct the 30h July when the prisoner with two 9TH
ers to my house which stands the shore they
had chest trunk and three bags with them do not
know what the contents Of the bags chests they
had not the lantern chronometer, compass with them
Babe the prisoner told that they from New Bed
ford where he had arrived the day previous and that he
the way to New York it is round about way to
come by my house from New Bedford to New York /
conveyed them to Mr.. Knights house, Newport they
paid silver dollar for my fare they had some other
money with them but did not know what it was
CALEB 8. KNIGHr.-I keep q boarding house at New
mort the prisoner at house the Sunday