The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-08
u. y. District Court.

phitheatre is considered dangerous as inflammation has
ensucd from the wounds in his throat.
U. > District Court.
Before Judge Bets
THURSDAY, Dec. lat the opening OF the CoArt TINS
morning, Augustus Wrer German was arr"Bneu on
charge ioDDng fellow passenger on board inc snip
Charlatan, OF q quantity oil doubioons The prisoner
pleaded not guilty. Also William W lllams anu James
Bennett, pleaded not guilty TO chargeoi muuny ON
board the schooner Hart.
Ihe Larinia piraies.-Mr. WM. NJ. pHIcE appeared as
Counsel in this case an asked the District Attorney
when he proposed to go Oh with the capital cases
Mr. BARRETT, on the part OF the District Attorney sad
he prepared to 20 ON AS soon as the IoWt shouu
have disposed OF the civil case now before then. Ia
Mr. PACE said he was prepared to show ny andaV 'ha'
a very material witness Tor the defence was absent
Mr. BARrLErr reminded Court that fifteen witnesses
were attending from massachusetts, at great expense to
the United States and that was very important W IN
Mr. palcr said he would be ready by Monday sennisht
and that was unprecedented haste 10 cohPei Pones
to 20 TO trial indictment involving lille or death III
less than fourteen days after the finding oi bil
The case was finally set down for trial on Monday
week. ~
.4ttemp 10 Reroh-Charles Johnson and Evan Parry,
the latter desperate looking hulk were put on trial Tor
conning the captain endeavoring TO create riot on
board the schooner Ovanda, Sidney, ~ s. The first
witness called was the Captain Amos Nichols
AMOS Nichols. sworn--l am master oil the American
bark Ovando think arrived ut sidney ~ D., on the
I'd November The prisoners were ON BOARD my vessel
that day. On the evening OF sunday, at ha past ~
O'Clock retired TO my state room, with my WIFE, About
half past ten heard noce around the house on deck
lay awake heard the steps and the men swearing very
hard against some one next Hcoiu sh'S
the door leading IRON the brake to ihe CABIN Jumped
fIom my BIRTH telling my wife that there was trouble on
board called my mates ana seizng nUise P,,ao
grappled him with my lett hand ana ad rather the adj
vantage of him, when Parry seizcd me and ragged my
shirt my head pnDnng my arms SO that eouiu NOT
defend my se called for assistance the Sc ond mate
out and htard him strike the prisonerfay three
or tour blow ac head before he would give up:
Parry then grappled the mate after short tussle ne
Jumped ashore, and johnson ran INTO the orecastle'
was struck by some one with inch ruler across
Tho lat hand
say who struck the blow. Alter got released ran
into the cabin and called upon the chei mate ana ashee
him going stand by and see all on board muir
dered He then Jumped up, and told him to 80 on shore
ask the Consul Tor help, as the men were
| in mutiny lie deck and shortly returned de-
clarng that it was as much his lie was worth TO go
ashore as Parry armed with billet oil wood swearing
vengeance. then asked the steward he was AFRAID 10
Co. ne said and sent him to the put ne coua
not find him at home. then told him to hasten 10 tne Co
ector OF the Port, but he could not gel any au te W
eced nv mates to arm themselves and keep watch as
AFRAID Tor the safety OF the vessel oDserV seVea
men gathered the wharf saw Evan Parry among inc
the wharf, and heard him distinctly say tha' ne
would be the death OF the first man who would come
ashore had 81 100 in specie on board but could
say whether either OF the prisoners knew about my
having that money on board he on the wharf dis
persea about hall past eleven ana theh went 10 ne
castle and put Johnson In irons Inc next morhhs,
went to the american Consul and made my aivits and
he put the prisoners under arrest and sent them home
On Characterization, the witness stated that the men
in liquor that Sunday, and had been ordered ne
| low He could not say whether there was u watch on
deck not There some little trouble on ooaru De-
| tween the men ana mate, apout koih6
orw ard and told them to be quiet struck Inc prisoner
Parry with piece OF board across the head during e
| tussie.
do on the evening of Sunday the 9th November was
sleeping in the cabin, and about nan pas. zen ora
noise deck and some person shout, VIII yon COME
out )" was about hall asleep The captain went gu,
FIRST snd directly heard scniie, so jumped out TO aid
the captain who thought shouted Tor assistance Us
| gained the cabin door, saw Johnson holding the
| captain down, and Fairy had his shirt over ms
heal; Parry struck at me with cane or SUCK,
receiy ed blow my lett arm, which broke the STICK
picked up the broken part TO defend myself and struck
| rarry several blows, but | lost the suck somehow or
| other Parry ran me aginst the rail- and think then
seiz cd hold OF the Delay ing n,wh which struck fry
say how long After got rid of them went round the
house and saw the Captain talking to his we she sa1
"Oh God what does this meanF The captain replied
that he did not know whether they intended to murder
him or not the Captains hand, 1t was severely
bruise went to the chest and got some opodedoc 10
IT, heard the Captain direct the chief mate to go lot
the Consul chief had his hand ON the rai 10
| 20 ashore Parry threatened him. Parry had billet
/ OF wood in his hand. There were number OF men on
the wharf who appeared to be aiding and abetting the
rioters they appeared to be iongshore hshe1men Ihey
dispersed about half past eleven o'clock, and then we
and put johnson in irons Parry first struck
| At me a. came out. ~
Cross Eramined-There was no complaint about the
bread Nothing material elected in any Of the cross
WILLIAM GnrrrKr-I chief mate Of the ovsndo
the apthn told go for the Consul As was prepa
ring to go on shore Parry break damned
neck If would leave the ship then told the captain
and he sent the stewart saw the Captains hand twas
very much Bruised he told OF the men had struck
him.
Cross-eramined-I did not hear the men make any
complaint. There several persons on the wharf
acting in very rotous and Safeguarding manner The
captain took his rifle and said he would shoot any man
not belonging the vessel who would dare TO come on
board | was not present when johnson was roned,
The prosecution here closed.
| FoR HE DLFENcE-WuLIAM FRAScIs, (black)-l was
the cook board the Ovando heard the Captain go 10
the door, and him open the door heard swearing
outside before the door opened Ths witness cor
roboraed the of the captain and second mate
never saw that stick (the one exhibited) on board
There was no complaints about the bread some little
thing was said by the men, and told Them they found
any Of the biscuit bad, to lay one side as there was
plenty of good bread board we never had basket
full OF such bread is shown me we had no sue n
bread on board told them they should speak to the
Cro,s.ernmined--I did not hear ANY of the men COM
plain TO the captain.
The counsel for the defence not being able successfully
10 show by this witness that there existed any dsahec-
ton among the crew. closed The prisoner Parry was
allowed to address the jury but he told such diseon'
nected story that it had not much weight with them
The CouRr charged that from the evidence gvenevery
charge laid In the indictment had BEEN subsantiated,
leaving the jury to consider the weight or credit TO
be given to the witnesses. The jury, after short ao-
returned verdict Of guilty the court charging
the prisoners with combining the captain.
The prisoners remanded to prison for sentence.