The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-19

the large sitting there. Pointing Babe have no
doubt of 1t.
Estate the circumstances under which you came to
| purchased
| A-The man, in appearance seaman, came to me- and
offered for sale, stating that he had been long time in
the city and bad up large bill at his boarding house
that chance offering of shipping for Baltimore he
wshedto sell and start paid him part in cash and part
key ring iourbaded knife, and $50 in money. He
in my store long time; did not observe any one 18th
him or waiting for him The silver watch was valued
for the watch in Liverpool questioned him. az was
afraid he net honest but he told such straight story
that believed he honest He minated that he was
last from South America and that the watch cleaned
Peru examined the watch and took down the number
recognize the number and the general appearance OF the
watch. 1t in my possession about two days. when
gave it up to Mr. Rapele the commissioner When saw
watch he said his watch and that he came honestly
byit.
WILLIAM Ap.Ns--Depostion read by the District At.
torney He was matchmaker at Alexandria, he
quanted with Walter A. Nichol, had cleaned his gold
watch for him the 18th Of February lsi2he made
entry in his day book which entry corresponded with the
marks the watch shown to him at the time OF maxi
the deposition which watch the sold by the pri
to the previous witness This was conclusive evi.
dence that the watch had been the property oil the
| unfortunate mate, Walter A. Nichol
WILLIAM o. RUssELL recalled-l came on to this city
after the prisoner came board the Massachusetts
found the trunk and chest at the boarding house Wash
ington street, where they Observation-Disclosures pointed
with his arms pnioned unlashed him and ironed him
with Mathews; searched the prisoner and found him
SILVER WatCh-ne salu ne nau got IL III exchange WITH
Sl4 for the gold watch Of the mate opened the hair
trunk and found the chronomeer now shown me in 1T
put my initials on one corner Of it at the time tim,
trunks opened and the clothes shown to witness -
recognize pair Of boots, which written the
OF Charles H. Dearborn The same name was written on
| one Of the shirts.
Q-Had you any conversation with the prisoner Babe
| if So state that conversation
Mr. NAsH here objected to such conversation being de-
tailed by the witness he officer at the time and
| had the prisoner in custody.
| The COURT permitted Mr.. Nash to examine into the
circumstances under which the conversation occurred
WIrNEss-The man was arrested and was In my charge
on board the steamboat was police officer in my own
county at the time told him that he charged with
murder and piracy. When he heard the accusation he
whether told him tell all about it not held out
neheIencouragement nor threat simply asked him some
police officer All Babe said to me was voluntarily and
without any promise Of favor, threat Of punishment
unless he told the whole truth
Mr. PRIcE objected to the admssibity OF the evidence
of this witness the declarations OF Babe on board
| the Massachusetts.
The CouRr overruled the objection and allowed the
timony.
Q-What conversation had you with Babe, and where
did it occurl
Alt on board the boat after he had been arrested
told him Of the charges; asked him where the captain
and mate was he sold that when about Ia or Is days out
being his watch deck the captain came and found
the mate asleep his watch; the captain said he was
id pretty officer to fall asleep the mate jumped up and
they clnched and both fell overheard asked him where
the ook was and he replied that he had left him board
/
after the captain fell overheard Babe reluctant
say anything about the affair unless in answer to par
| ticular questions.
Q-What declarations did Mathews make to you in the
| presence of Babe relative to the AFFAIR."
| A-Mathews said that Babe took charge of the vessel
| after the captain fell overheard.
Mr. PRcE objected to any declarations OF Mathews.
The Court overruled the objection and the examination
on that point was postponed for the present
By Mr. PRrcE-Have you consulted with District At
toney have you obtained information to the exact
| place where the vessel was boardedl
| ACc0 in IN he reDre
off the Hen and Chickens, which Is in Westpor Bristol
Ss
came here to arrest them, and take them back for
| trial .s
| the Sarah Lavnia Walter A. Nicho reside at Alexan
dra ,when he at home he resided with me; last
him when he sailed the LIST July; think the watch
now produced is the same he had attended to
the making up of his clothes; have of them
and razor; recolect the shirt perfectly well cut
it out and made it, know the coat by the red lining,
cut 1t out for him to sew I'M brother % old
last February; he has FIVE ha.sisters besides myself
| ELIZA DEARBoRS, sworn-(This witness was the wife
the time she was in the witness box The prisoner ap
peared very much affected at the scenehe evidently
very uneasy, and his eye could not rest upon hershe
| could scarcely articulate) My husbands
Charles Henry Dearborn last saw him the Sunday
morning when he left Alexandria in the Sarah Lavnia he
expected to be absent about FIVE six weeks; have
| amned a lot Of clothing in this building, which re-
cognize as the property of my husband-several shirts
this par am ne posVs made TIE shirts rS'' with my
own hands; knew three four pair of the paataoons
one especially which had made myself for him; also
recognised vest packed his trunk myself and he took
it board the day he sailed know the boots found in
that bag IA linen jacket here produced and shown
the witness who scarcely able to speak her agitation
| was great-she, however, recognised it
GEoRGEC. DTrSL-l am New York cab driver; rccol-
lect the prisoner at the barr saw him the LIST August
drove him and two others to the Bowcry theatre on
Tuesday or Wednesday night; went into porter house
thence drove him to Peck Slip and thence to Church
street another house of i'll fame where called for him
the next morning; he paid 81 or 50 50; got the linen
coat this the recognised by Mrs Deaborn)
shown from him. he had pea jacket and oil cloth coat
| called for him at four o'clock and took him back to
Knowles boarding housel did not see much money with
Mr.. DEARpoRS recalled-The day my husband sailed
| gave him twenty Spanish dollars.
JOSEPH CONWAY sworn-I am the mate OF the ship Hec-
tor and am the cousin of the missing mate Nchol re-
side at Alexandria when not at sea; Michel and myself
went to school together and subsequently made two voy
him on board he was Of kind gentle disposition unless
coat, shaving box tooth brush, and life preserver
think can identify the scxtant-this has not been
found)-I know the handwriting Of the mate as | had
The District Attorney here offered ir evidence the log
book to prove that the entries to certain date
| in the handwriting Of Nichol.
Mr. PRIcr objected but the Court overruled the obec.
ton, and the log book was received in testimony.
WrSr.-l recognize the entries up to the 10Th July to
be in the handwriting Of Nichol
MIR vIcARr recalled-I have seen Babe write his name
when he signed the shipping articles think should
know his signature again n saw il.
The DvrRIcr ATTORNEY here offered to prove by this
wInes. that the memo randum in certain book was in
the handwriting OF the prisoner The counsel oppose
objected as the witness had only prisoner write
his name once The Court however held the evidence
to be admissible, although II might be but a weak evil
dence, yet it was competent
| BY Mr.. PHrcE-I keep sailor boarding house, and a
shipping Office; generally pay particular attention to the
handwriting Of the men Ship; think would know
Webser's handwriting if saw it to the shipping
ticles.
BY the DISTRICT ArroRsnY-The writing now shown
looks very like Babes writing particularly about the BIS
and the rs.
JAMES s. SMITH, sworn.-I saw Babe write to-day he
wrote down the direction of couple Of witnesses he
wanted to have summoned took particular notice Of
the handwriting
By the DsTsIcr ATTORNEY. DO you think the hand
writing in the book, is that OF Babes
Al do, from what have Of II. (This witness
was shown several other papers purporng to be in the
handwriting Of the prisoner, but when compared with
the entry in the log book they found to be altogether