The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-19
u. s.. District Court.
Before Judge Bets

charge OF robbing the United States Mail at the city Of
Hudson, Columbia county, N. Y. on the 7th ult. The
prisoner pleaded not guilty. He was attended by his
counsel A. l.. Jordan, Esq The is set down for the
| February term.
the trial of Babe and Mathews for the murder OF Walter
Nicho mate of the vessel Sarah Lavinia the high
in the dock provided especially for the trial Of persons in
dcted for capital offences 1t is placed Immediately outside
the rail- and between the jury box and the box OF the
prosecuting District Attorney Babe alias Brown the
principal accused dressed in suit Of blue cloth
sailor fashion, with white shirt tied with black hand
kerchie His appearance clean and respectable and
his counenance betrayed much interest during the
ton for separate trial. made his behalf by hs counsel
Mr. Price The other, and younger prisoner was also
dressed somewhat better than when he was brought uT
for examination He betrayed anxieya look Of dog.
ged sullenness maintained throughout afforded OPP
porunity of reading in his countenance his hope his
| fear, or his dread of an ignomnous death.
Previous to the jury being called Mr. PncE moved for
ira on oeha OF me ana read IN
er. made in open COURT
William Bropn, oherrose called David Babe impleaded c
George Mathews and Wiiam Webster adsm. the United
States Of for the murder Of Charles
H. Dearborn, master Of the schooner Sarah Lapinia.
SOUTHERN DsrRIcr OF NEW YORK, ss.:-William
Brown the above defendant being duly saith that
shortly after his arrest for the felony charged in the aore
said Indictment he this deponent and Of his code
PENDANTS, George Mathews, were required to attend an
examination ohe witnesses against them upon the charge
of the felony aforesaid before Sylvanus Rapee Esquire,
Commiss Toner of the United States, duly appointed ac
cording to law to take said examinations that upon such
hearing, before the said Commissioner the testimony
against this deponen was altogether circumsantal with
the exception Of that of William O. RUSSELL witness on
the part Of the United States who test fled to confession
made unto him, the said William o. Russell by George
Mathews, Of the above named defendants, In which
the said Mathews gave color and show OF pro-
liability to certain portions Of said oircumstanal estmo-
which leg ally imputed guilt to this deponent in respect
And this deponent further saith that he is informed and
believes that of the two panels OF jurors copies OF which
have been served on this deponsnt and which in the
whole amount to but seventytwo jurors less than
half thereof In attendance this Honorable Court
and that onder in trial with either of the above defen
dants might immnenty impair, wholly destroy, the
right of this deponent peremptory challenge of twenty
Of the Jurors in attendance And this deponent fur.
ther saith that upon the OK animation aforesaid great
number of witnesses testified to the several and ndvdu.
acts and declarations of the said two defendants with
whom this deponent impeaded which acts and declara
legally be given in evidence upon the separate trial OF this
deponent and which, upon joint trial could not fail to
produce fatal pref udiae against this deponent.
And this deponent further saith that the counsel for this
deponent exclusively employed by him. and not OF
counsel for as this deponent informed and believes
in anywise acquainted with the defence of either Of the
| said codeendants That this deponent is informed by
his counsel and believes that for the above stated and
other he cannot through jonder with either of
the above mentioned co-defendants obtain fair and i'm.
partial trial Of hin case. VIM. BROWN.
Sworn before me this 18th day Of Dec Is4a.
J. w. MKrcALF, u. b. Commissioner
Mr. District Attorney HOFFMAN opposed the motion eav
ing it, however to the sound discretion Of the He
observed that the evidence only circumsanta and
independent of the confession Of Mathew there
distinction in the bearing of the evidence against the pr
soners Where It was strong against one, equally
SO against the other, and vice
for the prisoner observed that the dscreo rested in the
court not depending altogether upon al
ready upon but grounded the apprehension
that the prisoners if associated in trial. should not have
fair and impartial trial especially when the confession of
the made openly and without the consent or know
ledge of the other, might affect the rights of the
essed Under this view of the seperate trial
therefore granted as requested. Mathews then re.
moved
The District Attornev then moved on the trial of Babe
the unconfessed prisoner.
the ss hs
panel had not been served upon the prisoner
conformity with the law of Congress relating to the
drawing and serving the defendant copy of said panel
The copy ofhe panel served stated that drawn BY
Deputy Marshal and Deputy Clerk whereas the act Of
the authority to the Marshal by deputy Also
that the additional panel of &c. drawn by order of the
Court interered with the right ochalenge vested in the
prisoner.
The Court overruled the motion of the counsel The
trial then proceeded
The CLERK then informed the prisoner Of his right Of
challenge and proceeded to call over the panel of jurors
| summoned.
The calling occupied much time, in the challen-
gng and questioning OF the several jurors The follow
ing is the disposition Of the panel -
Kearney, John Hunter William G. Maitland Simeon ORA
Daniel Robins Robert S. Bullus Pierre Jarvis. John NJ
Nixon, William G. Harrison, John d. Clute, Thomas
| Johnston, James Myers Jr., James Halsey-l7.
Excused on Religious s,ounds-Jacob Conklin-I.
Fined for Earrlott Sas Holmes
Robert 6kidmore-3. Fine $25 each.
Jurors S,oorn-Thomas Emerson, Robert McCoskry,
Robert Weber, Ebenezer Bouton John D. Thendenthal
Adam Norrie, George w. Lockwood Wood Gibson,
Francis Denham Isaac " Briggs, Jesse Vananken, Ro-
bert Thompson-l2.
Mr. BARsErr on behalf of the United States in most
feeling forcble and clear address, opened the He
detailed the grounds which the prosecution pre-
to prove the accusation against the prisoner and
road the section of the act under which the prisoner
tried 1t Is the eighth section of chapter thirtysix LIST
VOL story page s4-wherein i is provided that if any
person persons shall commit the high seas or in
any river haven basin bay out of the jurisdiction Of
any particular State murder robbery, any other Of
fence which, committed within the body Of county
DEATH any captain mariner OF any ship of any
other vessel shall practically feoniousy run away
the value $50 yield up such ship vessel voluna-
ry to any pirates or any seaman shall lay violent hands
fighting defence of his ship or goods committed to his
trust shall make revolt in the ship, every such of.
fender shall be deemed taken and adjudged to be pirate
and faon and the trial of crime committed high
PI ss ont ". Of the Of e
learned counsel then briefly recapulated ehie point.
of evidence to bs adducod and with an appeal to jury
doubts or discrepancies to the side Of the unfortunate
he proceeded to call the witnesses for the
ton.
GEoRcE j. TneMA' sworn-where do you reside1
Alt Alexandria.
Al do-she is partly owned by She 10 an Ameri-
can ship
QDo you recolect when she sailed from Alexandria
A-On the first Of July last bound for Antigua and
market; Charles II. Dearborn master, and Walter A.
Nchol mate. Her consisted OF six persons inclu
ding the Captain. don't know tsat give the
of the crew except from the shipping articesCharle
Dearborn, Walter A. Nichol, David Babe, George Mat
thews william Webster John Johnson--l was person
ally acquainted with the captain and mateshe was about
III tons she had but one boat was ordinary sized
jolly or yaw boat
Q-Have you Mr.. Nichol since the first Of
July7
A-No have not-He resided in Alexandria, where
his widow and family residing.
Q-How old do you think the captain and mate were
A-Captain Dearborn was about IS years. and Mr..
Nichol about % years. They had sailed together for
several years.
Q-What was Captain Dearborns disposition
Alt amiable so far as knew cannot say what
Mr. Nichols wasbut Captain Dearborn said few days be-
fore he sailed that he good officer and he would pre-
fer to have him to any other officer
Crosseromined by Mn. N,sH.-How far is Alexandria
from the Capes Of virginia.
About $50 miles.
Q--Qid see the vessel sail from the Xharfl