The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-30


Thomas Macready, answered, not challenged.
Thomas A. Middleton do challenged,
Robert Ogden, do challenged,
Robert Keble. do not challenged.
Stephen slide, do not challenged,
John Kern, do not challenged,
Benjamin Lodge, answer,
Zebulcn A Bottom answered-challenged,
Jacob Clark, no answer,
Moses Brsdshaw-aAswered- challeHged,
Israel Pancoast, do challenged,
William Madeira, Jr, do challenged,
James Roe, do challenged,
John Merrill, do challenged,
Joseph w Denney, do excused for reason, by
the Court
Josiah Budd, do not challenged,
Jonathan Packer, do not challenged,
John VI. Waller, do excused for reason, by
James Lord, do excused on account Of
Charles B Robbins do no. challenged,
Joseph Peacock, no answer
Joshua Allen, no answer,
Richard d avis, -answered-challenged,
Samuel NJ Thorned, excused on account Of sickness,
Abel Fowler-answered-no challenged,
John Albertsn do not challenged,
Jacob Evaul, do not challenged.
The following is list of the jury affirmed to
try this case =
lawrence Alderman, Jonathan Packer,
Thomas Nicer sady, Charles Robbins,
Robert Kible, Abel Fowler,
Stephen Kilde, Jacob Evaul,
John w. Kern John Albertsin.
Mr. CARrErTER the part of the prosecution opened
the to the jury. He commenced by stating to the
jury that he had painful duty to performs but painful as
it to him he must do his duty to the community in
which live. He said that he would lay before them
the nature OF the crime under which the prisoner stood
charged and briefly the facts Eof the case but
previous doing which he would read to them the bill
OF Indictment
J.Ms.c y w DrEs swoy@Tt jNsy ' abo1t
hne 6eiore DUSK Mr. Heberton and myself inside of
close Carriage and colored the outside went
board ferry boat at Market street ferry for the purpose
of crossing into this State. Just about the time the boat
left the Philadelphia wharf, a short time afterwards,
go. the carriage and left Mr.. Heberton sitting
the back the left hand side. The carriage stood
on the down river side and Philadelphia end the boat
Two three feet from the upper side OF the boat from the
carriage, there was coal wagon The horses heads,
both OF the coal wagon and Of the carriage awards
Camden There great deal Of ice passing through
the canal in the Of the island opposite the city
which hened the horses and went to the head OF the
horse The stood at the head of the of horse
As reached the Jersey shore part of the boat where
Stood passed the PIER heard the report Of pistol and
saw the flash in the place from whence the report
second report followed Immediately, and at once
thought what it was went to the carriage door, and
wke / going to the carriage door, heard q third
and fourth report opened the door, and Mr. Hebarton
Oft the seat, uering faint groans called to him
twice or three times When called he merely groan.
ed left the carriage and round to the head Of the
horses of the coal wagon: somewhat near the front
hold of his arm said to him. this pretty piece of
business. In reply to question, Mr.. v. said, my i'm.
pr ession is, but am not positive on the subject.
The counsel objected.
give myself up told him he must come and get into the
carriage and 60 back Philadelphia He refused and said
Don't take wherethey will hurt me-" said, 'come
with me, my young friend; no one shall hurt YOU"
called some gentlemen who were standing by to assist
me in OBTAINING Mr. Mercer. The individual to whom
spoke refused at first left Mr. Mercer in the charge Of
person on board the and carriage
to the left hand doors got up the step and raised Mr.
Hebertons head which was hanging down. and found
he either sse or Sm h
He said, 81 have none" said give me the pistol sryou
shot him with" He replied "OS" and put his hand into
took cut six barrelled pistol told the he must
take Mr. Mercer the box of the carriage We placed
Mr. Mercer the box Of the carriage He got himself
The coored man drove the carriage to the hotel the
other side OF the river The officers soon came up and
went to Office. When returned found the body of
Mr. Heberton in the hotel; he was dead forgot to
ton that simultaneous with the first report OF the pistol
heard exclamation of distress The wound under
the left shoulder il was a round wound; heard four dis
charges of pistol; examined the carriage aerwards
the of the carriage rested iron centre piece and
had leather curtains with silk Innings the side; the
the hind quarter of the carriage towards the
coal wagon we're little open the side curtain, at
that corner there was a sem circular piece taken out
and the cloth OF the inside padding Of the back little
torn; there hole through the curtain about foot
forward from that place; the carriage had window in
the door which broken at the time went to the
riage there the marks Of what took to be two balls
in the door just below the Windows the sller which
the strap that drew up the window worked was broken
Cros~examin ation-Q-eany you fix the time with more
accuracy
All was between half past five and six o'clock just
| before the dark of the evening.
Odd you put your hand in MERGERS pocket while his
| own hand was IN his pocket'
Ayes
| Q-Was it a hired carriage you had7
Ayes
Q-was the roller broken before you went into the car
| riage7
| Al can't say; the colored man found il broken.
| Q-Were there any arms in the carrsge7
"A rifle and double barrelled gun, all know of,
both unloaded
Odd you put those articles inohe carriage yoursefl
| Al think my servant did, under my directions.
Q-Were there other in the carriage besdes1
A-Ipresume so found small pistol on Mr.. Hebsrton.
| Q-Any other arms1
| "A long knife, don't know what you call it, long
knife, II or is inches long, opened in the handle.
| Q-Any other arms2
| A-No other arms but those have mentioned
| Q-Was the pistol loaded
| Al don't know; did not ex anime it.
| Q-Where were you going2
Al was going or 10 miles from Camden, to country
house, to leave Mr. Heberton TO Mr.. Thomas Wrghts.
! Q-What is Mr.. Wrghts first name7
| A-Thomas
Odd you get ont of the boat previous to the horses
| becoming restve2
Al did not get out; took asurvey after got out but
not till then; requested by the deceased to oo.
round and if any persons were there's he asked me II
would 10 and see if there not Mr.. Mercer OF
any Of his friends there for the purpose Of watching
where he went; told him thought il was unnecessary
that person could have suspected he was on board the
boat sat still in the carriage some minutes alter that he
DID not give any direction as to what was be done ~
case found any such person board he did not ssy
whsthe woulddo Mr. Mercer ofhis friends were